Item - 2019.TE7.12

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 six existing rental dwelling units located at 698 and 700 Spadina Avenue, subject to the following conditions:

a. the owner shall provide and maintain not less than six replacement rental dwelling units, comprised of at least six two-bedroom units, of which one two-bedroom unit may be provided as a one-bedroom unit for the duration of an eligible tenant's tenure, provided that it is converted to a two-bedroom unit should the tenant no longer reside in the unit, within the proposed three-storey townhouse building at 54 Sussex Avenue, for a period of at least 20 years, beginning from the date that each replacement rental dwelling unit is first occupied, and as generally illustrated in the plans provided to the City Planning dated May 6, 2019. Any revision to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

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

c. the owner shall provide ensuite laundry in each replacement rental dwelling unit at no additional cost to the tenants;

d. the owner shall provide central air conditioning in each replacement rental dwelling unit;

e. the owner shall provide tenants of the replacement rental dwelling units with access to dedicated indoor bicycle parking in the proposed mixed-use building under the same terms and conditions as any resident of the mixed-used building;

f. the owner shall provide at least three replacement rental dwelling units with a balcony for private and exclusive access by the unit;

g. the owner shall provide tenant relocation and assistance to all eligible tenants of the existing rental dwelling units, 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

h. the owner shall enter into and register on title to the subject site one or more Agreement(s) to secure the conditions outlined in Recommendations 1. a., b., c., d., e., f. and g. above, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning including an agreement pursuant to Section 111 of the City of Toronto Act, 2006.

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 six existing rental dwelling units at 698 and 700 Spadina Avenue 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 proposed mixed-use building on the subject site; and

e. the execution and registration of a Section 37 Agreement pursuant to the Planning Act securing Recommendations 1. a., b., c., d., e., f. and g. above and any other requirements of the Zoning-Bylaw Amendment.

3. City Council authorize the Chief Building Official 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 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;

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

d. should the owner fail to complete the proposed townhouse building within the time specified in Recommendation 4. 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 Residential 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.

The Toronto and East York Community Council commenced a statutory public meeting on June 25, 2019 and notice was given in accordance with the Planning Act.

This Rental Housing Demolition application proposes to demolish six existing rental dwelling units located within two residential rental buildings at 698 and 700 Spadina Avenue and replace all demolished units within a proposed townhouse building on the subject site.

698 and 700 Spadina Avenue are part of a related group of properties at 698-706 Spadina Avenue and 54 Sussex Avenue that are subject to Zoning By-law Amendment and Site Plan Control applications (16 194679 STE 20 OZ and 18 272550 STE 11 SA) for the development of a 23-storey mixed-use building and three-storey townhouses on the subject site. The Zoning By-law Amendment application is the subject of a settlement at the Local Planning Appeal Tribunal (LPAT). The final Tribunal Order is pending until all outstanding matters, including the necessary agreements with the City, are secured.

This report reviews and recommends approval of the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code and the Residential Demolition Permit under Chapter 363 of the Toronto Municipal Code, subject to conditions.