Item - 2020.TE18.3

The Toronto and East York Community Council recommends that:

1. City Council amend Zoning By-law 438-86, for the lands at 64-86 Bathurst Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (August 5, 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 64-86 Bathurst Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (August 5, 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 application for a Rental Housing Demolition Permit in accordance with Chapter 667 of the Toronto Municipal Code to allow for the demolition of 7 existing rental dwelling units located at 64, 66, and 82 Bathurst Street, subject to the following conditions:

a. The owner shall provide and maintain 8 replacement rental dwelling units, comprising 4 two-bedroom units and 4 three-bedroom units, on the subject site for a period of at least 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 February 6, 2020. Any revision to these plans must be to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. The owner shall provide and maintain at least 2 two-bedroom and 1 three-bedroom replacement rental dwelling units at affordable rents and at least 2 two-bedroom 1 three-bedroom replacement rental dwelling unit 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. The 2 remaining three-bedroom replacement rental dwelling units will have unrestricted rents;

c. The owner shall provide all 8 replacement rental dwelling units with a balcony or terrace;

d. The owner shall provide all 8 replacement rental dwelling units with ensuite laundry and central air conditioning;

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 tenants of replacement rental dwelling units with access to all bicycle parking, car parking, visitor parking and storage lockers on the same terms and conditions as any other building resident;

g. 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;

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 4.a. - 4.g. above, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, including a Section 111 Agreement pursuant to Section 111 of the City of Toronto Act, 2006 and a Section 37 Agreement pursuant to the Planning Act.

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 one existing rental dwelling unit at 82 Bathurst Street after all of the following have occurred:

a. the Zoning By-law Amendments have been approved by City Council;

b. vacant possession of all existing rental dwelling units at 82 Bathurst Street;

c. issuance of excavation and shoring permits for the proposed mixed-use building on the site or excavation permits for the purpose of environmental remediation; and

d. the owner shall enter into and register on title to the subject site a Section 111 Agreement pursuant to Section 111 of the City of Toronto Act, 2006 to secure the conditions outlined in Recommendation 4.a. to g. above, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

6. 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 6 existing rental dwelling units at 64 and 66 Bathurst Street after all of the following have occurred:

a. the satisfaction or securing of the conditions in Recommendation 4 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 Division, or 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;

e. vacant possession of all 6 existing rental dwelling units has been confirmed, in writing, by the owner; and

f. the execution and registration of a Section 37 Agreement pursuant to the Planning Act, as a matter legal convenience, to secure Recommendation 4.a. to h. above and any other requirements of the Zoning-Bylaw Amendment.

7. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code for 82 Bathurst Street after the Chief Planner and Executive Director, City Planning, has given Preliminary Approval referred to in Recommendation 5 above, and authorize the Chief Building Official and Executive Director, Toronto Building to issue the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code for 64 and 66 Bathurst Street after the Chief Planner and Executive Director, City Planning, has given Preliminary Approval referred to in Recommendation 6 above.

8. 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 no earlier than the issuance of the excavation and shoring permit for the proposed development, and after the Chief Planner and Executive Director, City Planning, has issued the Preliminary Approval for 64 and 66 Bathurst Street referred to in Recommendation 6, 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 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 a mixed-use building on site no later than 3 years from the day demolition of the existing buildings at 64 and 66 Bathurst Street is commenced; and

d. Should the owner fail to complete the new building within the time specified in Recommendation 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 rental 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. Before introducing the necessary Bills to City Council for enactment, City Council 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, a cash contribution of $265,000 towards the provision of new rental housing units, to be directed to the Capital Revolving Fund for Affordable Housing, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor.

b. Prior to the issuance of the first above-grade building permit, a cash contribution of $265,000 towards the Toronto Community Housing revolving capital fund for repairs to Toronto Community Housing properties in Ward 10, to the satisfaction of the Chief Planner and Executive Director, City Planning , in consultation with the Ward Councillor.

c. Prior to the issuance of the first above-grade building permit, a cash contribution of $1,060,000 towards community services and facilities in the vicinity of the site, to the satisfaction of the Chief Planner and Executive Director, City Planning , in consultation with the Ward Councillor.

d. Prior to the issuance of the first above-grade building permit, a cash contribution of $1,060,000 towards streetscape and/or public realm improvements in the vicinity of the site, to the satisfaction of the Chief Planner and Executive Director, City Planning , in consultation with the Ward Councillor;

e. All cash contributions referred to in Recommendation 9.a.-d. above shall 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.

f. In the event the cash contributions referred to in Recommendation 9.a.-d. above have not been used for the intended purposes within 3 years of the By-laws coming into full force and effect, the cash contribution may be redirected for another purpose, 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 Toronto Official Plan and will benefit the community in Ward 10.

g. Submission, and thereafter implementation, of a construction management plan by the owner of 64-86 Bathurst Street to address such matters as wind, noise, dust and street closures during construction. Such plan to be to the satisfaction of the Chief Planner and Executive Director, City Planning , in consultation with the ward Councillor and shall be completed prior to final Site Plan Approval.

h. Submission of a lighting plan indicating the location, height and type of lighting and ground level signage on the proposed building. Such plan to be to the satisfaction of the Chief Planner and Executive Director, City Planning, and to be completed as part of the Site Plan application.

10. 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. 

11. Prior to the issuance of any above grade building permits, City Council require the owner to submit landscape plans to the satisfaction of the Chief Planner and Executive Director, City Planning, and the Supervisor, Tree Protection and Plan Review, Urban Forestry.

12. Before introducing the necessary Bills to City Council, require the applicant to address comments identified in the Engineering and Construction Services memo to City Planning, dated January 6, 2020.

The Toronto and East York Community Council held a statutory public meeting on September 16, 2020 and notice was given in accordance with the Planning Act.

This zoning amendment application proposes a 17-storey mixed-use building with 2,394 square metres of retail space located on the ground level, 5,100 square metres of office space located on levels two and three, and 21,477 square metres (307 units) of rental residential space on the remaining levels. A total of 349 bicycle parking spaces, four loading spaces and 78 vehicle parking spaces are proposed within a three-level underground garage.

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with the Growth Plan for the Greater Golden Horseshoe (2019).

The Rental Housing Demolition Application under Chapter 667 of the Toronto Municipal Code (Section 111 of the City of Toronto Act) proposes to demolish seven existing rental dwelling units and provide replacement of all seven rental dwelling units within the proposed building.

The proposal represents an appropriate redevelopment of the site with a mix of uses, built form and public realm that are compatible with the surrounding context. Since its initial submission, the proposal has been revised to address the City's comments by reducing the height of the building, mitigating the massing impact along Bathurst Street, and internalizing the loading spaces.

This report reviews and recommends approval of the Zoning By-law Amendment  Application, Rental Housing Demolition Application under Chapter 667 of the Toronto Municipal Code and Residential Demolition Application under Chapter 363 of the Toronto Municipal Code, to demolish seven rental dwelling units, subject to conditions.

This Supplementary Report provides a revision to the recommendations in the Final Report from the Director of Community Planning dated August 5, 2020. Staff recommend approval of the Zoning Amendment and the Rental Housing Demolition applications.

This report recommends deleting recommendations 5, 6 and 7 and adding four new recommendations (recommendations 5, 6, 7 and 8). This change allows for the demolition of 82 Bathurst Street prior the demolition of the 6 existing rental dwelling units located at 64 and 66 Bathurst Street.

The property at 82 Bathurst Street has predominantly been used as a commercial building, however as part of the review of the rental housing demolition application, one existing rental unit was found in the building. The commercial uses at 82 Bathurst Street require the developer to obtain a record of site condition (RSC) prior to allowing new residential uses on the site. There are currently no tenants in the existing rental unit at 82 Bathurst Street.

The new recommendations include separate conditions of Preliminary Approval for the demolition of the one existing rental dwelling unit located at 82 Bathurst Street and for the demolition of the six existing rental dwelling units located at 64 and 66 Bathurst Street.

Staff are in support of the demolition of the vacant rental dwelling unit at 82 Bathurst Street prior to demolition of the rental dwelling units located at 64-66 Bathurst Street, as it will facilitate the redevelopment of the subject properties and will benefit the tenants currently residing in the rental dwelling units at 64-66 Bathurst Street. The tenants currently residing at 64 and 66 Bathurst Street will continue to reside in their units, will not be required to vacate prematurely due to the demolition of 82 Bathurst Street, and will benefit from a shorter construction timeline by having the opportunity to return to a replacement rental dwelling unit within the new mixed-use building in a more timely manner. Staff recommend approval of the Zoning Amendment application and the corresponding Rental Housing Demolition application, as provided in the revised recommendations.