Item - 2020.NY12.1

North York Community Council recommends that:

1. City Council amend Zoning By-law No. 438-86 for the lands at 1408, 1410, 1412, 1414, 1416 and 1420 Bayview Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to the report (January 3, 2020) from the Director, Community Planning, North York District.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 1408, 1410, 1412, 1414, 1416 and 1420 Bayview Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 7 to the report (January 3, 2020) from the Director, Community Planning, North York District.

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

4. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to:

a. enter into an Agreement pursuant to Section 37 of the Planning Act to secure the number, tenure and type of residential replacement rental units and improvements as a matter of legal convenience; and

b. provide appropriate architectural treatment of the north and south facing walls, to the satisfaction of the Director, Community Planning, North York District. 

5. 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 13 residential rental dwelling units located at 1408, 1410, 1414, 1416 and 1420 Bayview Avenue, subject to the following conditions:

a. the owner shall provide, secure and maintain not less than 13 replacement rental dwelling units, comprised of at least 2 one-bedroom, 9 two-bedroom, 1 three-bedroom and 1 four-bedroom units within the proposed 8-storey building on the subject site 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 Division dated October 17, 2019 and that any revision to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning Division;

b. the owner shall provide, secure and maintain at least 4 replacement rental dwelling units at affordable rents (2 one-bedroom and 2 two-bedroom units), and 7 replacement rental dwelling units at mid-range rents (6 two-bedrooms and 1 three-bedroom units), for a period of at least 10 years, beginning from the date that each replacement rental dwelling unit is first occupied; the remaining 2 replacement rental dwelling units shall have unrestricted rents (1 two-bedroom and 1 four-bedroom units);

c. the owner shall provide ensuite laundry in each replacement rental dwelling unit at no additional cost to tenants, all to the satisfaction of the Chief Planner and Executive Director, City Planning Division;

d. the owner shall provide tenants of the replacement rental dwelling units with access to all indoor and outdoor amenities in the proposed 8-storey building at no extra charge and that access and use of these amenities shall be provided without the need to pre-book or pay a fee, unless specifically required as customary practices for private bookings, all to the satisfaction of the Chief Planner and Executive Director, City Planning Division;

e. the owner shall provide 5 vehicle parking spaces to tenants of the replacement rental dwelling units, all to the satisfaction of the Chief Planner and Executive Director, City Planning Division;

f. the owner shall provide 4 storage lockers to tenants of the replacement rental dwelling units, all to the satisfaction of the Chief Planner and Executive Director, City Planning Division;

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 Division;

h. the owner shall provide tenant relocation and assistance to all post application tenants, all to the satisfaction of the Chief Planner and Executive Director, City Planning Division; and

i. the owner shall enter into and register on title to the subject site one or more Agreement(s) to secure the conditions outlined in 5. a, b, c, d, e, f, g and h above to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning Division, including an agreement pursuant to Section 111 of the City of Toronto Act, 2006.

6. City Council authorize the Chief Planner and Executive Director, City Planning Division, to issue the Preliminary Approval for the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code for the demolition of the 13 existing  rental dwelling units located at 1408, 1410, 1414, 1416 and 1420 Bayview Avenue after all the following have occurred:

a. satisfaction or securing of the conditions in Recommendation 5 above;

b. the Zoning By-law Amendment referred to in Recommendations 1 and 2 has come into full force and effect;

c. 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;

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

e. the execution and registration of one or more Section 37 Agreements pursuant to the Planning Act securing Recommendations 5. a, b, c, d, e, f, g and h.

7. City Council authorize the Chief Building Official to issue the Rental Housing Demolition Permit under Municipal Code Chapter 667 after the Chief Planner and Executive Director, City Planning Division, has issued the Preliminary Approval referred to in Recommendation 6.

8. City Council authorize the Chief Building Official to issue a 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 Division, has issued the Preliminary Approval referred to in Recommendation 6, which may be included in the Residential Demolition Permit under 363-11.1, of the Toronto Municipal Code, on condition that:

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

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

c. the owner erects the proposed 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 condition 8.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.

9. 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 Section 37 Agreement.

North York Community Council held a statutory public meeting on January 8, 2020 and notice was given in accordance with the Planning Act, and in accordance with Municipal Code Ch. 667 under the City of Toronto Act.

This application proposes to amend Zoning By-law Nos. 438-86 and 569-2013 to permit the redevelopment of the subject lands for a 8-storey (27.85 metre high) mixed use building containing 65 residential units (inclusive of 13 replacement rental dwelling units) and 143 square metres of non-residential gross floor area on the ground floor resulting in an overall density (Floor Space Index - FSI) of 4.03 times the lot area.   The proposed development would include 73 parking spaces in a three-level underground garage. 

A Rental Housing Demolition application was submitted under Section 111 of the City of Toronto Act to demolish two existing semi-detached buildings and two existing single-detached buildings containing a total of 14 existing residential dwelling units, of which 13 are currently rental dwelling units and 1 dwelling unit is owner occupied. 

The proposed development is consistent with the Provincial Policy Statement (2014) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019).  The proposal represents an appropriate built form for a mixed use building and provides for an appropriate transition from Mixed Use Areas to Neighbourhoods.  The proposed development is also transit-supportive, being in proximity to the future Leaside LRT station at Bayview Avenue and Eglinton Avenue East.

This report reviews and recommends approval of the application to amend the Zoning By-law.  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.  This report also recommends entering into a Section 111 agreement for the site.