Item - 2019.TE6.2

The Toronto and East York Community Council recommends that:

1. City Council amend Zoning By-law 438-86, for the lands at 871-899 College Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 1 to the supplementary report (May 17, 2019) from the Director, Community Planning, Toronto and East York District [TE6.2b].

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 871-899 College Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 2 to the supplementary report (May 17, 2019) from the Director, Community Planning, Toronto and East York District [TE6.2b].

3.  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 thirteen (13) existing rental dwelling units located at 871 and 899 College Street, subject to the following conditions:

a. The owner shall provide and maintain thirteen (13) replacement rental dwelling units, comprising two (2) bachelor units, five (5) one-bedroom units, five (5) two-bedroom units and one (1) three-bedroom unit, on the subject site for a period of at least twenty (20) years beginning from the date that each such replacement dwelling unit is first occupied and as generally shown on the plans submitted to the City Planning dated January 16, 2019; any revision to these plans must be to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. The owner shall as part of the thirteen (13) replacement rental dwelling units required above provide at least two (2) bachelor, four (4) one-bedroom, five (5) two-bedroom, and one (1) three-bedroom replacement rental dwelling units at affordable rents, and at least one (1) one-bedroom, replacement rental dwelling unit at mid-range rent for a period of at least ten (10) years, beginning from the date of first occupancy;

c. The owner shall provide and maintain one (1) market rental dwelling unit, numbered as Unit 210, on the subject site for a period of at least twenty (20) years beginning from the date that each such dwelling unit is first occupied, and as generally shown on the plans submitted to the City Planning Division dated January 16, 2019; any revision to these plans must be to the satisfaction of the Chief Planner and Executive Director, City Planning;

d. The owner shall provide and maintain a common laundry room on the second floor which shall be equipped with at least six (6) washers and six (6) dryers as generally illustrated in the plans submitted to the City on January 16, 2019;

e. The owner shall provide tenants of the replacement rental dwelling units with access to all indoor and outdoor amenities on the site at no extra charge.  Access and use of these amenities shall be on the same terms and conditions as any other building resident;

f. The owner shall provide a minimum of two (2) vehicle parking spaces that will be made available for rent to tenants of the replacement rental dwelling units;

g. The owner shall provide at least three (3) of the replacement rental dwelling units with a balcony or terrace;

h. The owner shall provide tenants of the replacement rental dwelling 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, including the right to return to a replacement rental dwelling unit, to the satisfaction of the Chief Planner and Executive Director, City Planning;

j. The owner shall enter into and register on title one or more Agreement(s) to secure the conditions outlined in Recommendation 3.a to j. above to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

4. City Council authorize the Chief Planner and Executive Director, City Planning to issue the Preliminary Approval for the application under Municipal Code Chapter 667 for the demolition of the thirteen (13) existing rental dwelling units at 871 and 899 College Street after all of the following have occurred:

a. Satisfaction or securing of the conditions in Recommendation 3.a.-j. above;

b. The Official Plan Amendment has come into force and effect;

c. The Zoning By-law Amendments have come into full force and effect;

d. The issuance of the Notice of Approval Conditions for site plan approval by the Chief Planner or their designate, pursuant to Section 114 of the City of Toronto Act, 2006;

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

f. The execution and registration of a Section 37 Agreement pursuant to the Planning Act securing Recommendation 9 and any other requirements of the Zoning-Bylaw Amendment.

5. 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 has given preliminary approval referred to in Recommendation 4 above.

6. 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 4 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;

c. The owner erects a residential building on site no later than three (3) 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 Recommendation 6.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.

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

8. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments as may be required.

9. Before introducing the necessary Bills to City Council for enactment, require the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:

a. Prior to the issuance of the first above-grade building permit, the owner shall provide a cash contribution of $600,000 towards park improvements within the vicinity of the site within the boundaries of Ward 9, and $35,000 towards the implementation of a mural on the east main wall of the proposed building, to the satisfaction of the Chief Planner and Executive Director, City Planning Division, in consultation with the Ward Councillor. Such amount will be indexed upwardly in accordance with the Statistics Canada Construction Price Index for Toronto, calculated from the date of registration of the Section 37 Agreement to the date the payment is made.

b. The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:

i. Replacement of 13 rental dwelling units with rents secured at affordable and mid-range rent categories;

ii. Securing a tenant relocation and assistance plan to mitigate adverse impacts on existing tenants and provide existing eligible tenants the right to return to a replacement rental dwelling unit at similar rent; and,

iii. Submission, and thereafter implementation, of a construction management plan by the owner of 871-899 College Street to address such matters as wind, noise, dust, street closures, parking and laneway uses and access. Such plan to be to the satisfaction of the Chief Planner and Executive Director City Planning Division in consultation with the local Councillor and shall be completed prior to issuance of any below-grade building permits.  

10. Prior to condominium registration, City Council direct the owner to convey to the City, for nominal consideration, an easement over the private driveway located on the western portion of the site for use by the City and general public, with provisions for rights of support if necessary, encumbrances, and insurance and indemnification of the City by the owner, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor. The owner shall own, operate, maintain and repair the easement lands.  

 
11. As a condition of Site Plan Approval, City Council direct the Owner to be responsible to repave the entire public lane abutting the south limit of the subject property to the satisfaction of the General Manager, Transportation Services.

 
12. City Council prohibit standing at all times on the west side of Ossington Avenue, from College Street to a point 56 metres further south.

13.  Before introducing the necessary Bills to City Council for enactment, City Council require the owner to submit a revised Functional Servicing Report and Hydrogeological Report satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services in consultation with the General Manager, Toronto Water.

At its meeting on May 22, 2019, the Toronto and East York Community Council also considered the report (May 17, 2019) from the Director, Community Planning, Toronto and East York District, which confirms the proposal does conform with the "A Place to Grow" Plan, 2019.

The Toronto and East York Community Council commenced a statutory public meeting on May 22, 2019 and notice was given in accordance with the Planning Act.

This zoning amendment application proposes an eight-storey building with 1,658 square metres of retail/commercial space at-grade and 112 residential units above at 871-899 College Street. A total of 61 parking spaces and 146 bicycle parking spaces are proposed within a one-level underground garage accessed from the rear lane. The proposed building would have a density of 4.34 times the area of the lot.

The Rental Housing Demolition application under Chapter 667 of the Toronto Municipal Code (Section 111 of the City of Toronto Act) proposes to demolish two existing residential rental apartment buildings containing a total of 13 rental dwelling units and provide replacement of all 13 rental dwelling units within the proposed building.

The proposed development is consistent with the Provincial Policy Statement (2014) and conforms with the Growth Plan for the Greater Golden Horseshoe (2017).

The proposal represents an appropriate redevelopment of the site and presents a built form and public realm that is compatible with the surrounding context. The massing of the building has been revised to provide a better transition to its neighbours, and the landscaping has been revised for consistency with the local BIA streetscape plan.

This report reviews and recommends approval of the Zoning By-law Amendment and Rental Housing Demolition Applications.

This Supplementary Report provides a revision to the recommendations in the Final Report from the Director of Community Planning dated February 28, 2019. Staff recommend approval of the Zoning Amendment and the Rental Housing Demolition applications.

This report recommends deleting recommendation 3(d):

d. The owner shall provide and maintain an additional seventy-five (75) market rental dwelling units on the subject site for a period of at least ten (10) years beginning from the date that each such dwelling unit is first occupied, as generally shown on the plans submitted to the City Planning Division dated January 16, 2019 for the second floor plan, and November 1, 2018 for the rest of the building; any revision to these plans must be to the satisfaction of the Chief Planner and Executive Director, City Planning Division;

The recommendation was included in the Final Report as a means of maintaining a grouping of at least six (6) rental replacement units. One of the thirteen (13) rental replacement units would be separated from the other twelve (12) rental replacement units. Maintaining groupings of at least six (6) rental replacement units is needed to ensure protection under the Rental Housing Demolition By-law. However, this matter is also achieved by recommendation 3(c) of the Final Report:

c. The owner shall provide and maintain one (1) market rental dwelling unit, numbered as Unit 210, on the subject site for a period of at least twenty (20) years beginning from the date that each such dwelling unit is first occupied, and as generally shown on the plans submitted to the City Planning Division dated January 16, 2019; any revision to these plans must be to the satisfaction of the Chief Planner and Executive Director, City Planning Division;

Recommendation 3(c) above would be retained, therefore ensuring all thirteen (13) rental replacement would be kept in one grouping of fourteen (14) rental dwelling units, secured for a period of at least 20 years.   

The revision continues to align with the draft Zoning By-laws attached in the Final Report from the Director of Community Planning dated February 28, 2019.  Staff recommend approval of the Zoning Amendment application and the corresponding Rental Housing Demolition application, as revised in the following recommendations listed below. 

This Supplementary Report provides an explanation of proposed revisions to the recommendations in the Final Report from the Director of Community Planning dated February 28, 2019, as well as a brief summary of the outcomes of the working group meeting that took place on April 13, 2019.

This report recommends deleting recommendations 1 and 2 of the Final Report, recommending City Council adopt the draft Zoning By-law Amendments attached to the Final Report, and replacing them with recommendations to adopt the draft Zoning By-law Amendments that are attached to this Supplementary Report.

After the applications were deferred at the March 19, 2019, Community Council meeting, staff further reviewed the draft Zoning By-law Amendments and made a few minor stylistic and technical changes to the By-laws. The changes were related to inserting a limit on the number of parking spaces that have deficient dimensions, and to allow mechanical and electrical elements that service the building to project the ground level height limits. As such, staff recommend adoption of the revised draft Zoning By-laws Amendments that are attached to this report.

A working group meeting was held on April 13, 2019 at the Toronto Police Service's 14 Division Building at 350 Dovercourt Road. Approximately 15 members of the community, along with the applicant, the local Councillor, and staff from City Planning, Transportation Services and Toronto Building were present. The community members expressed their concerns related to the potential for an increase in traffic along the rear lane between Shannon Street and College Street, as well as concerns related to construction beginning prior to a construction management plan being implemented, and the presence of a blank sheer wall along on the west main wall of the proposed building.

To address the concerns from the local residents, the local Councillor will introduce motions at the Community Council meeting that intend to mitigate concerns related to traffic, require the applicant to complete a construction management plan prior to issuance of any below-grade building permits, and to contribute an additional $35,000 in S.37 funds for the implementation of a mural on the west main wall of the proposed building.  City Planning staff do not object to the proposed motions.