Item - 2020.TE14.7

The Toronto and East York Community Council recommends that:

1. City Council amend Zoning By-law 438-86 for the lands at 202-208 St. Clair Avenue West and 2-6 Forest Hill Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (February 25, 2020) from the Director, Community Planning, Toronto and East York District.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 202-208 St. Clair Avenue West and 2-6 Forest Hill Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (February 25, 2020) from the Director, Community Planning, Toronto and East York District.

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

4. City Council approve the Rental Housing Demolition application in accordance with Chapter 667 of the Toronto Municipal Code to allow for the demolition of five (5) existing rental dwelling units located at 204, 206, and 208 St. Clair Avenue West, subject to the owner shall provide tenant relocation assistance to eligible tenants, to the satisfaction of the Chief Planner and Executive Director, City Planning.

5. 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 five (5) existing rental dwelling units at 204, 206, and 208 St. Clair Avenue West after all of the following have occurred:

a. Satisfaction or securing of the condition in Recommendation 4 above;

b. The 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 structure on the site;

e. The execution and registration of an agreement pursuant to Section 37 of the Planning Act securing Recommendation 4 above and any other requirements of the Zoning By-law Amendment; and

f. Confirmation that all existing rental dwelling units are vacant.

6. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Section 111 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 5 above.

7. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Residential Demolition Permit under Section 33 of the Planning Act for the residential buildings located at 202-208 St. Clair Avenue West and 2-6 Forest Hill Road 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 issued the Preliminary Approval referred to in Recommendation 5, which may be included in the demolition permit for Chapter 667 under 363-6.2 of the Toronto Municipal Code, on condition that:

a. The owner erects a residential building on the lands no later than three (3) years from the day that the demolition of the existing residential buildings commences; and

b. Should the owner fail to complete construction of the new residential building within the timeframe specified in recommendation 7.a. above, the City Clerk shall be entitled to enter on the collector's roll an amount equal to the sum of twenty thousand dollars ($20,000.00) per demolished dwelling unit, to be collected in the same manner as municipal property taxes, and that such amount shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.

8. Before introducing the necessary Bills to City Council for enactment, require the owner enter into an Agreement pursuant to Section 37 of the Planning Act, and any other necessary agreement(s), as follows:

a. The community benefits recommended to be secured in the Agreement are as follows:

i. A cash contribution in the amount of $2,000,000 payable to the City prior to the issuance of the first above-grade building permit, with such amount to be indexed upwardly with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135-01, or its successor, calculated from the date of execution of the Agreement to the date of payment;

ii. The cash contribution shall be allocated towards capital community services and facilities in the vicinity of the lands to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; and

iii. In the event the cash contribution above has not been used for its intended purpose within three (3) years of the by-law coming into full force and effect, the cash contribution may be redirected for another purpose(s), at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Official Plan and will benefit the community in the vicinity of the property.

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

i. An acceptable tenant relocation and assistance plan to mitigate hardship from the proposed development on eligible tenants to the satisfaction of the Chief Planner and Executive Director, City Planning; and,

ii. The owner construct and maintain the development of the Site in accordance with Tier 1 performance measures of the Toronto Green Standard and the owner will be encouraged to achieve Toronto Green Standard, Tier 2 or higher, where appropriate.

9. City Council authorize the appropriate City officials to take such actions as are necessary to implement City Council's decision, including execution of the Section 111 Agreement, Section 37 Agreement, and any other necessary agreement(s).

The Toronto and East York Community Council held a statutory public meeting on March 12, 2020 and notice was given in accordance with the Planning Act.

This application proposes to amend Zoning By-laws 438-86 and 569-2013 to permit the redevelopment of the subject lands for a nine-storey (30.6 metre + 5.0 metre mechanical penthouse) residential building containing 94 residential units. The proposed residential building incorporates 449 square metres of indoor amenity space, 138 square metres of outdoor amenity space, and three levels of underground parking with 167 vehicular parking spaces and 95 bicycle parking spaces. The total gross floor area (GFA) of the proposed building is 13,750 square metres, resulting in a floor space index (FSI) of 4.65 times the area of the lot.

A Rental Housing Demolition Application has been submitted under Section 111 of the City of Toronto Act (Chapter 667 of the Toronto Municipal Code) to demolish seven existing dwelling units, five of which were last used for residential rental purposes, located within the buildings at 204, 206, and 208 St. Clair Avenue West and 2 and 6 Forest Hill Drive.

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).

This report reviews and recommends approval of the application to amend the By-law Amendment as well as the Rental Housing Demolition application, subject to conditions. Replacement of the five existing rental dwelling units is not required since the property contains fewer than six rental units.