Item - 2019.NY5.1

North York Community Council recommends that:

1. City Council approve the Rental Housing Demolition Application in accordance with Chapter 667 of the Toronto Municipal Code to allow for the demolition of one-hundred and ten (110) existing rental dwelling units located at 470 and 490 Wilson Avenue, subject to the following conditions:

a. the owner shall provide and maintain one-hundred and ten (110) replacement rental dwelling units on the subject site for a period of at least twenty (20) years, beginning from the date that each replacement rental unit is first occupied and, during which time, no application may be submitted to the City for condominium registration, or for any other conversion to a non-rental housing purpose, or for demolition without providing for replacement during the, at minimum, twenty (20) year period; the one-hundred and ten (110) replacement rental units shall be comprised of twenty (20) bachelor units, sixty (60) one-bedroom units and thirty (30) two-bedroom units,  as shown on the March 15, 2019 Floor Plans submitted to the City Planning Division with any revisions to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. the owner shall, as part of the one-hundred and ten (110) replacement rental dwelling units required above, provide at least twenty (20) bachelor, fifty-four (54) one-bedroom, and twenty-nine (29) two-bedroom replacement rental dwelling units at affordable rents, as defined in the City's Official Plan, and six (6) one-bedroom and one (1) two-bedroom replacement rental dwelling units at mid-range rents, as defined in the City's Official Plan, all for a period of at least ten (10) years, beginning from the date of first occupancy;

c. the owner shall provide and maintain an additional fifty (50) rental dwelling units with unrestricted rents on the subject site for a period of at least ten (10) years beginning from the date that each such additional rental dwelling unit is first occupied, as shown on the March 15, 2019 Floor Plans submitted to the City Planning Division with any revisions to these plans to the satisfaction of the Chief Planner and Executive Director, City Planning;

d. the owner shall provide tenants of the replacement rental dwelling units with access to all indoor and outdoor amenities in the proposed rental replacement building at no extra charge.  Access and use of these amenities shall be on the same terms and conditions as any other building resident without the need to pre-book or pay a fee, unless specifically required as customary practices for private bookings;

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

f. the owner shall provide at least thirty-eight (38) rental vehicle parking spaces to tenants of the replacement rental dwelling units, first made available to returning tenants who previously used a vehicle parking space, secondly to returning tenants who did not previously use a vehicle parking space, and thirdly to new tenants occupying one of the rental replacement dwelling units;

g. the owner shall provide each of the one-hundred and ten (110) replacement rental dwelling units with a balcony or terrace;

h. the owner shall provide tenants of the replacement one-hundred and ten (110) rental dwelling units and the additional fifty (50) rental units with access to all bicycle parking and visitor parking on the same terms and conditions as any other resident of the building;

i. the owner shall provide tenant relocation and assistance to all eligible tenants occupying the existing one hundred and ten (110) rental units proposed to be demolished, including the right to return to a replacement rental dwelling unit, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and

j. the owner shall enter into and register on title one or more agreement(s), including a Section 111 Agreement and a Section 37 Agreement, to secure the conditions outlined in a. through i. 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 application under Chapter 667 of the Toronto Municipal Code for the demolition of the one-hundred and ten (110) existing rental dwelling units at 470 and 490 Wilson Avenue after all of the following have occurred:

a. the conditions in Recommendation 1 above have been fully satisfied;

b. the Zoning By-law Amendment has come into full force and effect;

c. the issuance of the Notice of Approval Conditions for site plan approval by the Chief Planner and Executive Director, City Planning or their designate, pursuant to Section 114 of the City of Toronto Act, 2006;

d. the issuance of excavation and shoring permits for the approved structure on the site; and

e. the execution and registration of a Section 37 Agreement pursuant to the Planning Act securing Recommendation 1.a. through 1.i. and any other prescribed matters.

3. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Section 111 permit under Municipal Code Chapter 667 after the Chief Planner and Executive Director, City Planning Division has given preliminary approval referred to in Recommendation 2 above.

4. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a 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 given preliminary approval referred to in Recommendation 2 above, which permit may be included in the demolition permit for Chapter 667 under 363-11.1, of the Municipal Code, on condition that:

a. the owner remove all debris and rubble from the site immediately after demolition;

b. the owner erect solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building;

c. the owner erects a residential building on site no later than four (4) years from the day demolition of the buildings is commenced; and

d. should the owner fail to complete the new building within the time specified in condition c. 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 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.

5. City Council authorize the appropriate City officials to take such actions as are necessary to implement the foregoing, including execution of the Section 111 Agreement and other related agreements.

North York Community Council held a statutory public meeting on April 24, 2019 and notice was given in accordance with Municipal Code Chapter 667, under the City of Toronto Act. No one addressed the North York Community Council on April 24, 2019.

This report recommends approval of the Rental Housing Demolition application to demolish and replace 110 rental dwelling units, subject to conditions.

A Rental Housing Demolition application at 470, 490 and 530 Wilson Avenue seeks approval to demolish two existing residential apartment buildings at 470 and 490 Wilson Avenue.  Both buildings contain 110 rental dwelling units.  All 110 units would be replaced within a new residential building on the property.  A commercial building is located at 530 Wilson Avenue and would also be demolished to enable the proposed development.

The related Zoning By-law Amendment application for a condominium apartment building and a rental apartment building property at 470, 490 and 530 Wilson Avenue was the subject of a settlement hearing at the Local Planning Appeal Tribunal (LPAT) (Case No. PL171059) on October 9, 2018.  City Council approved the settlement for the application subject to a number of conditions including the rental replacement.  The final LPAT Order is being held until all outstanding matters, including the necessary agreements with the City, are secured.  The approval permits two 12-storey residential buildings which would contain 551 residential units, including 110 replacement rental dwelling units and would also secure an additional fifty (50) rental units.