Item - 2021.TE26.9

That City Council adopt the following recommendations in the report (June 1, 2021) from the Director, Community Planning, Toronto and East York District as recommended in the supplementary report (July 7, 2021) from the Chief Planner and Executive Director, City Planning:

1. City Council approve the Rental Housing Demolition application (17 160339 STE 28 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of fifty-seven (57) existing rental dwelling units at 263-265 Queen Street East and 90 Ontario Street, subject to the following conditions:

a) The owner shall provide and maintain seventy (70) replacement rental dwelling units within Tower "B" on the subject site for a period of at least 20 years beginning from the date that each replacement rental unit is first occupied. During such 20-year period, no replacement rental unit shall be registered as a condominium or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit, including life-lease or co-ownership, and no application shall be made to demolish any replacement rental unit or convert any replacement rental unit to a non-residential rental purpose. The seventy (70) replacement rental units shall be comprised of twenty-seven (27) Live/Work rental units, all of which shall be one-bedroom units, and forty-three (43) residential rental units, including twenty-nine (29) one-bedroom units, twelve (12) two-bedroom units, and two (2) three-bedroom units, as generally illustrated in the plans submitted to the City Planning Division dated May 18, 2021. 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 and maintain at least twenty-two (22) replacement rental dwelling units at affordable rents, as currently defined in the Toronto Official Plan, and twenty-four (24) replacement rental units at mid-range rents, as defined in the Toronto Official Plan, for a period of at least 10 years beginning from the date of first occupancy of each unit. The twenty-two (22) affordable replacement rental units shall collectively contain a total gross floor area of at least 1,350 square metres and shall be comprised of twenty (20) one-bedroom units, one (1) two-bedroom unit, and one (1) Live/Work one-bedroom unit. The twenty-four (24) mid-range replacement rental units shall collectively contain a total gross floor area of at least 2,240 square metres and shall be comprised of four (4) one-bedroom units, seven (7) two-bedroom units, two (2) three-bedroom units, and eleven (11) Live/Work one-bedroom units. The remaining twenty-four (24) replacement rental units – which include five (5) one-bedroom units, four (4) two-bedroom units, and fifteen (15) Live/Work one-bedroom units – shall have unrestricted rents, except where an Eligible Tenant elects to return to an unrestricted rental unit, in which case the rent will be similar to their previous rent, as provided for under the City-approved Tenant Relocation and Assistance Plan required in Part 1.d) below.

c) The owner shall construct all twenty-seven (27) Live/Work replacement rental dwelling units required in Part 1.a) above with a minimum internal ceiling height of twelve feet (12'). Any changes to the minimum ceiling heights of the Live/Work replacement rental units shall be to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

d) The owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the fifty-seven (57) existing rental dwelling units proposed to be demolished at 263-265 Queen Street East and 90 Ontario Street, addressing the right to return to occupy one of the replacement rental dwelling units at similar rents and other assistance to mitigate hardship. The Tenant Relocation and Assistance plan shall be developed in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning Division.

 e) The owner shall calculate both the existing rent paid by an Eligible Tenant for their existing rental dwelling unit and the initial rent of such Eligible Tenant upon returning to occupy a replacement rental dwelling unit on a square foot basis for the purposes of reserving the right of tenants to return to a replacement rental unit at similar rents, as provided under the City-approved Tenant Relocation and Assistance Plan required in Part 1.d above.

f) Should the owner elect to provide financial compensation to Eligible Tenants above-and-beyond the compensation amounts provided under the City-approved Tenant Relocation and Assisstance Plan, as required in Part 1.d) above, for the purposes of mitigating hardship from the loss of residential space or any other matter dealing with the residential rental use of an existing dwelling unit, the owner shall offer such additional compensation on the same terms and conditions to all Eligible Tenants occupying a similar unit type.

 g) The owner shall provide tenants of all seventy (70) replacement rental dwelling units with access to, and use of, all indoor and outdoor amenities in the proposed development at no extra charge, and on the same terms and conditions as any other resident of the development, without the need to pre-book or pay a fee unless specifically required as a customary practice for private bookings.

h) The owner shall provide ensuite laundry in each replacement rental dwelling unit within the proposed development at no additional cost to tenants.

i) The owner shall provide central air conditioning in each replacement rental dwelling unit within the proposed development at no additional cost to tenants.

j) The owner shall provide and make available for rent at least twelve (12) vehicular parking spaces to tenants of the replacement rental dwelling units, and such vehicular parking spaces shall be made available firstly to returning tenants who previously rented a vehicle parking space, secondly to returning tenants who did not previously rent a vehicle parking space, and thirdly to new tenants of the replacement rental dwelling units.

k) The owner shall provide tenants of the replacement rental dwelling units with access to all bicycle and visitor vehicular parking on the same terms and conditions as any other resident of the proposed development.

l) The owner shall provide at least fourteen (14) storage lockers to tenants of the replacement rental dwelling units, and such storage lockers shall be made available firstly to returning tenants and secondly to new tenants of the replacement rental dwelling units.

m) The owner may apply for below-grade and above-grade building permits encompassing both replacement and non-replacement rental dwelling units within the proposed development concurrently, but shall not receive the issuance of any above-grade building permit(s) for any tower without replacement rental dwelling units prior to the issuance of the above-grade building permit(s) for the tower containing the seventy (70) replacement rental dwelling units required in Part 1.a above (Tower "B"). The owner shall notify Toronto Building in writing of the same at the time of application for any below-grade or above-grade building permit(s) encompassing non-replacement rental units.

n) The seventy (70) replacement rental units required in Part 1.a) shall be constructed in the first phase of the proposed development and be made ready and available for occupancy no later than the date by which seventy percent (70%) of the new dwelling units located in Tower "B", exclusive of the replacement rental units, are made available and ready for occupancy.

o) The owner shall enter into, and register on title to the lands at 245-285 Queen Street East, 348-410 Richmond Street East, 88-106 Ontario Street, and 8-12 Brigden Place, one or more agreement(s) to secure the conditions outlined in Parts 1.a through 1.n above, including an agreement pursuant to Section 111 of the City of Toronto Act, 2006, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning Division.

2. City Council authorize the Chief Planner and Executive Director, City Planning Division to issue Preliminary Approval of the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, for the demolition of the fifty-seven (57) existing rental dwelling units at 263-265 Queen Street East and 90 Ontario Street after all the following have occurred:

a) all conditions in recommendation 1 above have been fully satisfied and secured;

b) the Official Plan Amendment and 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 their designate for Towers "B" and "C" pursuant to Section 114 of the City of Toronto Act, 2006;

d) the issuance of excavation and shoring permits (conditional or full permits) for the approved development on the site;

e) the owner has confirmed, in writing, that all existing rental dwelling units proposed to be demolished are vacant; and

f) the execution and registration of an agreement pursuant to Section 37 of the Planning Act securing Parts 1.a) through 1.n) above and any other requirements of the Zoning-Bylaw Amendments (if applicable).

3. City Council authorize the Chief Building Official and Executive Director, Toronto Building Division to issue a Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code 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 Division to issue a Residential Demolition Permit under Section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 263-265 Queen Street East and 90 Ontario Street after the Chief Planner and Executive Director, City Planning Division has given Preliminary Approval referred to in Part 2 above, which may be included in the Rental Housing Demolition Permit under Chapter 667 pursuant to section 6.2 of Chapter 363, on condition that:

a) the owner removes all debris and rubble from the site immediately after demolition;

b) the owner erects solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building Division;

c) the owner erects the proposed Tower "B" containing the seventy (70) replacement rental dwelling units on the site no later than three (3) years from the date on which the demolition of the existing buildings commences, subject to the timeframe being extended to the discretion of the Chief Planner and Executive Director, City Planning Division; and

d) should the owner fail to complete the proposed Tower "B" containing the seventy (70) replacement rental dwelling units within the time specified in Part 4.c. above, the City Clerk shall be entitled to enter on the collector’s roll, as with municipal property taxes, an amount equal to the sum of twenty thousand dollars ($20,000.00) per dwelling unit for which a demolition permit is issued, and that such amount shall, until payment, be a lien or charge upon the land for which the Residential Demolition Permit is issued.

5. 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 and other related agreements.

That in accordance with the provisions of Chapter 27, Council Procedures, the Toronto and East York Community Council reconsider Item TE26.9.

That the item be forwarded to City Council without recommendation.