Item - 2018.TE34.21

The Toronto and East York Community Council recommends that:

1. City Council approve the revised Rental Housing Demolition application in accordance with Chapter 667 of the Toronto Municipal Code to allow for the demolition of 22 existing rental dwelling units located at 90 Eastdale Avenue and 2 Secord Avenue subject to the following conditions:

a. The owner shall provide and maintain 22 replacement rental dwelling units and six new secured rental dwelling units comprised of 28 three-bedroom units on the subject site, as illustrated on the plans submitted to the City Planning Division dated April 6, 2018, for a period of at least twenty years beginning from the date that each replacement rental dwelling unit and new secured rental dwelling unit are first occupied. Any revision to these plans must be to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. The owner shall provide at least ten three-bedroom replacement rental dwelling units at affordable rents and at least 18 three-bedroom replacement rental dwelling units or new secured rental dwelling units at mid-range rents for a period of at least ten years beginning from the date that each replacement rental dwelling unit or new secured rental unit is first occupied;

c. The owner shall provide tenants of the replacement rental dwelling units and new secured rental dwelling units with access to all indoor and outdoor amenities located on the site and as illustrated on the plans submitted to the City Planning Division and any revisions shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

d. The owner shall provide at least 16 vehicle parking spaces to tenants of the replacement rental dwelling units and new secured rental dwelling units, and any revisions shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

e. The owner shall provide ensuite laundry facilities in each of the replacement rental dwelling units and new secured rental dwelling units, at no additional cost to the tenants;

f. The owner shall provide tenant relocation and assistance to all eligible tenants, including the right to return to a replacement rental dwelling unit or new secured rental dwelling unit, to the satisfaction of the Chief Planner and Executive Director, City Planning; and

g. The owner shall enter into and register on title one or more Agreement(s) to secure the conditions outlined in Recommendations 1. a., b., c., d., e. and f. above to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

2. City Council authorize the Chief Planner and Executive Director, City Planning, to issue the Preliminary Approval for the permit under Chapter 667 of the Toronto Municipal Code for the demolition of 10 existing rental dwelling units at 90 Eastdale Avenue after all the following have occurred:

a. Satisfying or securing of the conditions in Recommendation 1 above;

b. The Zoning By-law Amendments, which were the subject of a decision of the Local Planning Appeal Tribunal, have come into full force and effect;

c. The issuance of a Site Plan Approval by the Local Planning Appeal Tribunal pursuant to Section 114 of the City of Toronto Act, 2006;

d. The issuance of excavation and shoring permits for the approved development of the site; and

e. The execution and registration of a Section 37 Agreement pursuant to the Planning Act securing Recommendation 1.a. through 1.f. and any other requirements of the Zoning By-law Amendment.

3.  City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code for the 10 existing rental dwelling units at 90 Eastdale Avenue after the Chief Planner and Executive Director, City Planning has issued the Preliminary Approval referred to in Recommendation 2 above.

4.  City Council authorize the Chief Planner and Executive Director, City Planning, to issue the Preliminary Approval for the permit under Chapter 667 of the Toronto Municipal Code for the demolition of 12 existing rental dwelling units at 2 Secord Avenue after occupancy of the replacement rental dwelling units.

5.  City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code for the 12 existing rental dwelling units at 2 Secord Avenue after the Chief Planner and Executive Director, City Planning has issued the Preliminary Approval referred to in Recommendation 4 above.

6.  City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Residential Demolition Permit under Section 33 of the Planning Act no earlier than the issuance of the first building permit for excavation and shoring of the development, and after the Chief Planner and Executive Director, City Planning, has issued the Preliminary Approval referred to in Recommendations 3 and 5 above which may be included in the demolition permit for Chapter 667 under 363-11.1 of the Toronto Municipal Code, on condition that:

a. The owner erects a residential building on site no later than three years from the day demolition of the buildings is commenced; and

b. Should the owner fail to complete the new building within the time specified in Recommendation 6.a. above, the City Clerk shall be entitled to enter on the collector’s roll, to be collected in a like manner as municipal taxes, the sum of twenty thousand dollars ($20,000.00) for each rental dwelling unit for which a demolition permit is issued, and that each sum shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.

7.  City Council request City Planning staff to conduct an additional information meeting for the tenants of 2 Secord Avenue and 90 Eastdale Avenue affected by the demolition to provide the revised terms of the tenant relocation and assistance plan, prior to August 1, 2018.

8. Council authorize the appropriate City officials to take such actions as are necessary to implement the recommendations above, including execution of the Section 111 Agreement.

The Toronto and East York Community Council held a statutory public meeting on July 4, 2018, and notice was given in accordance with the Planning Act.

This application is for revisions to the conditions of approval of a Rental Housing Demolition application under Chapter 667 of the Toronto Municipal Code (Section 111 of the City of Toronto Act) for a residential rental property at 90 Eastdale Avenue and 2 Secord Avenue (File 12 269076 STE 31 RH). This application seeks approval to demolish 21 existing rental townhouses and one existing rental apartment unit and provide 22 replacement rental dwelling units and six new secured rental dwelling units within the new development approved for the lands.

The Rental Housing Demolition application was originally approved by City Council on July 16, 2013, subject to conditions and based on an Ontario Municipal Board approved development proposal that has since been revised. 

This revised Zoning By-law Amendment application (File No. 15 209995 STE 31 OZ) was the subject of a hearing at the Local Planning Appeal Tribunal, formerly the Ontario Municipal Board, (No. PL170275). An oral decision approving the application was given. The final Order is being withheld until all outstanding matters, including the necessary agreements with the City, are secured. The approval permits a 35-storey residential tower and a seven-storey mid-rise building containing a total of 484 residential dwelling units, including the 22 replacement rental dwelling units and six new secured rental units.

Chapter 667 of the Toronto Municipal Code provides that an owner can apply for revisions to the conditions of approval of a Rental Housing Demolition application and that Community Council will consider and make recommendations to Council on the proposed revisions. This report recommends approval of the revised Rental Housing

Demolition application under Chapter 667 of the Toronto Municipal Code and the Residential Demolition Permit under Chapter 363 of the Toronto Municipal Code, subject to conditions.