Item - 2019.TE5.6

The Toronto and East York Community Council recommends that:

1. City Council approve the application for a Rental Housing Demolition Permit in accordance with Chapter 667 of the Toronto Municipal Code to allow for the demolition of 10 existing rental dwelling units located at 3, 5 and 7 Cameron Street, subject to the following conditions:

a. the owner will provide and maintain 10 replacement rental dwelling units, comprised of eight one-bedroom and two three-bedroom rental units, within the proposed mixed-use building on the site, for a period of at least 20 years, beginning from the date that each such replacement rental dwelling unit is first occupied, and as generally illustrated in the plans provided to the City Planning dated April 2, 2018. The two three-bedroom replacement rental dwelling units will have unrestricted rents. Any revision to these plans will be to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. the owner will provide and maintain at least four one-bedroom replacement rental dwelling units at affordable rents and four one-bedroom replacement rental dwelling units at mid-range rents, for a period of at least 10 years, beginning from the date that each such replacement rental dwelling unit is first occupied.

c. the owner will provide and maintain ensuite laundry facilities in each replacement rental dwelling unit;

d. the owner will provide tenants of the replacement rental dwelling units with access to all indoor and outdoor amenities in the proposed mixed-use building. Access and use of these amenities will be on the same terms and conditions as any resident of the non-replacement dwelling units without the need to pre-book or pay a fee, unless specifically required as customary practices for private bookings;

e. the owner will provide at least two vehicle parking spaces to tenants of the replacement rental dwelling units;          

f. the owner will enter into, and register on title to the site, one or more agreement(s) to secure the conditions outlined in Recommendations 1.a.b.c.d. and e. 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 Preliminary Approval for the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code for the demolition of the 10 existing rental dwelling units at 3, 5 and 7 Cameron Street after all of the following have occurred:

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

b. the site-specific Zoning By-law Amendments have 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 mixed-use building on the site; and

e. the execution and registration of a Section 37 Agreement pursuant to the Planning Act securing Recommendation 1.a.b.c.d. and e. above and any other requirements of the Zoning-Bylaw 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 after the Chief Planner and Executive Director, City Planning, 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 the Residential Demolition Permit under Chapter 363 of the Toronto Municipal Code and Section 33 of the Planning Act no earlier than the issuance of the first building permit for excavation and shoring of the proposed development, and after the Chief Planner and Executive Director, City Planning, has given preliminary approval referred to in Recommendation 2 above, which may be included in the Rental Housing Demolition permit under 363-11.1, of the Toronto 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 will erect the mixed-use building on the site no later than four (4) years from the day the demolition of the existing buildings commences; and

d. should the owner fail to complete the proposed mixed-use building within the time specified in Recommendation 4.c. above, the City Clerk will 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 Residential Demolition Permit is issued, and that each sum will, until payment, be a lien or charge upon the land for which the demolition permit is issued.

5. City Council instruct the City Solicitor to enter into an Agreement pursuant to Section 37 of the Planning Act satisfactory to the City Solicitor, together with satisfactory provisions in the amending By-laws, to secure the following, at the owner's expense, in connection with the development at 170 Spadina, 3, 5, and 7 Cameron Street, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, with such agreement to be registered to the satisfaction of the City Solicitor:

a. The following community benefit is recommended to be secured in a Section 37 Agreement:

1. A financial contribution of $575,000.00, indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto for the period from the date of the execution of the Section 37 Agreement to the date of payment, towards the provision of affordable rental housing within Ward 10, in the vicinity of the site, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor.

2. In the event the financial contribution referred to in Recommendation 5.a.1. above has not been used for the intended purpose within five (5) years of this By-law coming into full force and effect, the financial contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose(s) is/are identified in the Toronto Official Plan and will benefit the community in the vicinity of the site.

b. The following maters of convenience are recommended to be secured in a Section 37 Agreement:

1. Prior to the issuance of the first above grade permit, the owner will submit a Wind Study which identifies recommendations for the pedestrian realm and the outdoor areas of the podiums to mitigate wind impacts year-round, which the owner will then implement and maintain;

2. the owner will design and construct the required improvements to municipal infrastructure identified in the Functional Servicing and Stormwater Management Reports; and,

3. Prior to the issuance of a permit for excavation and shoring work, the owner will submit a Construction Management Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor, and thereafter will implement the plan during the course of construction.  The Construction Management Plan will include the size and location of construction staging areas, dates of significant concrete pouring, lighting details, construction vehicle parking and queuing locations, refuse storage, site security, site supervisor contact information, a communication strategy with the surrounding community, and any other matters requested by the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, in consultation with the Ward Councillor.

6. City Council authorize the appropriate City officials to take such actions as are necessary to implement the recommendations above, including execution of the Section 37 and Section 111 Agreements.

The Toronto and East York Community Council commenced a statutory public meeting on April 24, 2019 and notice was given in accordance with the Planning Act.

On January 19, 2012, a Zoning By-law amendment application to redevelop 170 Spadina Avenue with a 19-storey mixed-use building was submitted to the City. In August 2014, the application was revised, proposing a 17-storey building and including 3, 5, and 7 Cameron Street, and was appealed to the Ontario Municipal Board (OMB). On February 19, 2019, the Local Planning Appeal Tribunal (LPAT) approved a 12-storey building on the site but withheld its final order pending the resolution of the Rental Housing Demolition application and the execution and registration of a Section 37 Agreement.

The Rental Housing Demolition application proposes the demolition of 10 existing rental dwelling units at 3, 5 and 7 Cameron Street and replacement of all demolished rental dwelling units with the proposed mixed-use building.

This report reviews and recommends approval of the 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. This report also details the matters to be secured in the Section 37 Agreement, including community benefits and matters of convenience.