Item - 2019.TE9.7

The Toronto and East 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 thirty-one (131) existing rental dwelling units located at 117 and 127 Broadway Avenue, subject to the following conditions:

a. The owner shall provide and maintain one-hundred and thirty-one (131) replacement rental dwelling units at 100 Broadway Avenue and 223, 225, 227 and 233 Redpath Avenue 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 thirty-one (131) replacement rental units shall be comprised of at least thirty-three (33) bachelor units, eighteen (18) one-bedroom units and eighty (80) two-bedroom units as shown on the Floor Plans by IBI Group Architects dated July 26, 2019 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 thirty-one (131) replacement rental dwelling units required above, provide at least fifteen (15) bachelor, eight (8) one-bedroom, and forty-nine (49) two-bedroom replacement rental dwelling units at affordable rents, as defined in the City's Official Plan, and seventeen (17) bachelor, ten (10) one-bedroom and thirty-one (31) two-bedroom replacement rental dwelling units at mid-range rents, as defined in the City's Official Plan, and one (1) bachelor rental dwelling unit at high-end rent, 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 of each unit;

c. The owner shall provide tenants of the replacement rental dwelling with access to all indoor and outdoor amenities in the proposed rental replacement building as shown on the floor plans by IBI Group Architects dated July 26, 2019 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;

d. The owner shall provide all one-hundred and thirty-one (131) replacement rental dwelling units with a balcony or terrace and ensuite laundry;

e. The owner shall provide tenants of the one-hundred and thirty-one (131)  replacement rental dwelling units with access to all bicycle parking, all car parking, visitor parking and storage lockers on the same terms and conditions as any other resident of the building;

f. The owner shall provide tenant relocation and assistance to all eligible tenants occupying the existing one-hundred and thirty-one (131) rental dwelling units proposed to be demolished at 117-127 Broadway Avenue, including the right to return to a replacement rental dwelling unit at 100 Broadway Avenue and 223, 225, 227 and 233 Redpath Avenue, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and

g. The owner shall enter into and register on title at 117-127 Broadway Avenue and 100 Broadway Avenue and 223, 225, 227 and 233 Redpath Avenue one or more agreement(s), including a Section 111 Agreement and a Section 37 Agreement, to secure the conditions outlined in Recommendation 1.a. through 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 application under Chapter 667 of the Toronto Municipal Code for the demolition of the one-hundred and thirty-one (131) existing rental dwelling units at 117 and 127 Broadway 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 f. above and any other 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 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 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 recommendations above, including execution of the Section 111 Agreement and other related agreements.

6. City Council authorize the appropriate City officials to take such actions as are necessary, including execution of the Section 37 and 111 Agreements and other related agreements, to secure the following timing provisions related to the construction and occupancy of the replacement rental units: The owner shall obtain the shoring and excavation permits for the new residential building at 100 Broadway Avenue and 223, 225, 227 and 233 Redpath Avenue prior to issuance of the above-grade building permit for the new residential building at 117-127 Broadway Avenue.

This report recommends approval of a Rental Housing Demolition application to demolish and replace 131 rental dwelling units, and recommends approval of the Residential Demolition Permit under Chapter 363 of the Toronto Municipal Code, subject to conditions. This report also recommends entering into Section 37 and Section 111 agreements.

A Rental Housing Demolition application at 117 - 127 Broadway Avenue seeks approval to demolish two existing residential rental apartment buildings containing a total of 131 rental dwelling units.  All 131 units would be replaced within a new purpose-built rental building across the street at 100 Broadway Avenue and 223-233 Redpath Avenue. The replacement rental units will have similar unit sizes and rents. The unit mix for the replacement rental units would be an improvement on the existing rental units at 117 - 127 Broadway Avenue with some one-bedroom units replaced with two-bedroom units. A Tenant Relocation and Assistance Plan will appropriately address the impacts on tenants.

The rental building at 100 Broadway Avenue and 223-233 Redpath Avenue will contain 413 rental units, which includes 131 replacement rental units from 117 - 127 Broadway Avenue, and 193 replacement rental units associated with four other nearby rental housing demolition applications at 100 Broadway Avenue and 223-225 Redpath Avenue, 227-233 Redpath Avenue, 110-120 Broadway Avenue, and 174-180 Broadway Avenue for a total of 324 replacement rental units. The remaining 89 rental units comprise of 50 new affordable rental units secured in a Section 37 Agreement from the 110-120 Broadway Avenue development application and 39 market-rate rental units with unrestricted rents.     

The land at 117 - 127 Broadway Avenue is also subject to an application under the Planning Act for an amendment to the Zoning By-law (Application No. 15 228738 STE 22 OZ), which was the subject of a settlement hearing at the Local Planning Appeal Tribunal (LPAT) (Case No. PL160941) on November 20, 2017. 

City Council endorsed the settlement for the Zoning By-law Amendment application subject to conditions, including a rental replacement requirement. City Council also withheld its decision on the related Rental Housing Demolition application until a Decision was issued by the LPAT on the related Zoning By-law Amendment application.

The LPAT issued a Decision on May 31, 2018, approving the Zoning By-law Amendment in principle, with the final Order being held until all outstanding matters, including the necessary agreements with the City, are secured, including rental housing matters.