Item - 2022.TE31.6

Tracking Status

  • City Council adopted this item on March 9, 2022 without amendments and without debate.
  • This item was considered by the Toronto and East York Community Council on February 16, 2022 and adopted without amendment. It will be considered by City Council on March 9, 2022.

TE31.6 - 287 Davenport Road and 141, 143 and 145 Bedford Road - Rental Housing Demolition Application - Final Report

Decision Type:
ACTION
Status:
Adopted on Consent
Ward:
11 - University - Rosedale

City Council Decision

City Council on March 9, 2022, adopted the following:

 

1. 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 six (6) existing rental dwelling units located at 141, 143 and 145 Bedford Road, subject to the following conditions:

 

a. the owner shall provide tenant relocation and assistance to all eligible tenants of the existing rental dwelling units to be demolished, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and

 

b. the owner shall enter into and register on title to the subject site one or more agreement(s) to secure the conditions outlined in Part 1.a. 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.

 

2. 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 six (6) existing rental dwelling units at 141, 143 and 145 Bedford Road after all of the following have occurred:

 

a. the satisfaction or securing of the conditions in Part 1 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 their 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. the City's receipt of conformation that all six (6) existing rental dwelling units to be demolished are vacant; and

f. the execution and registration of a Section 37 Agreement pursuant to the Planning Act, as a matter of legal convenience, to secure Part 1.a. above and any other requirements of the Zoning-Bylaw Amendment.

 

3. 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 after the Chief Planner and Executive Director, City Planning, has given Preliminary Approval referred to in Part 2 above.

 

4. 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 referred to in Part 2 above, 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 the site no later than three (3) years from the day demolition of the existing buildings is commenced; and

d. should the owner fail to complete the new building within the time specified in Part 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 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.

 

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 37 and Section 111 Agreement.

Public Notice Given

Statutory - Planning Act, RSO 1990

Background Information (Community Council)

(January 31, 2022) Report and Attachment from the Director, Community Planning, Toronto and East York District - 287 Davenport Road and 141, 143 and 145 Bedford Road - Rental Housing Demolition Application - Final Report
https://www.toronto.ca/legdocs/mmis/2022/te/bgrd/backgroundfile-198861.pdf
(January 25, 2022) Notice of Public Meeting
https://www.toronto.ca/legdocs/mmis/2022/te/bgrd/backgroundfile-198862.pdf

Communications (Community Council)

(February 16, 2022) E-mail from Dave Stuhl (TE.New)

TE31.6 - 287 Davenport Road and 141, 143 and 145 Bedford Road - Rental Housing Demolition Application - Final Report

Decision Type:
ACTION
Status:
Adopted
Ward:
11 - University - Rosedale

Public Notice Given

Statutory - Planning Act, RSO 1990

Community Council Recommendations

The Toronto and East York Community Council recommends that:

 

1. 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 six (6) existing rental dwelling units located at 141, 143 and 145 Bedford Road, subject to the following conditions:

 

a. The owner shall provide tenant relocation and assistance to all eligible tenants of the existing rental dwelling units to be demolished, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

 

b. The owner shall enter into and register on title to the subject site one or more agreement(s) to secure the conditions outlined in Recommendation 1.a. 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.

 

2. 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 six (6) existing rental dwelling units at 141, 143 and 145 Bedford Road after all of the following have occurred:

  1. The satisfaction or securing of the conditions in Recommendation 1 above;

  2. The site-specific Zoning By-law Amendments have come into full force and effect;

  3. 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, pursuant to Section 114 of the City of Toronto Act, 2006;

  4. The issuance of excavation and shoring permits for the proposed mixed-use building on the subject site;

  5. The City's receipt of conformation that all six (6) existing rental dwelling units to be demolished are vacant; and

  6. The execution and registration of a Section 37 Agreement pursuant to the Planning Act, as a matter of legal convenience, to secure Recommendation 1.a. above and any other requirements of the Zoning-Bylaw Amendment.

3. City Council authorize the Chief Building Official to issue the Rental Housing Demolition 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 2 above.

 

4. City Council authorize the Chief Building Official 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 referred to in Recommendation 2 above, which may be included in the demolition permit for Chapter 667 under 363-6.2, of the Toronto Municipal Code, on condition that:

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

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

  3. The owner erects a mixed-use building on the site no later than three (3) years from the day demolition of the existing buildings is commenced; and

  4. 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 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.

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 37 and Section 111 Agreement.

Decision Advice and Other Information

The Toronto and East York Community Council held a statutory public meeting on February 16, 2022 and notice was given in accordance with the Planning Act.

Origin

(January 31, 2022) Report from Director, Community Planning, Toronto and East York District

Summary

This application proposes to demolish six existing dwelling units, all of which are rental units, located at 141, 143 and 145 Bedford Road. All six rental dwelling units had rents that exceeded mid-range rents at the time of application, and as a result replacement of the existing rental units is not required.

 

The lands at 287 Davenport Road and 141, 143 and 145 Bedford Road are subject to a related application under the Planning Act for amendments to the Official Plan and Zoning By-law (Application No. 19 244078 STE 11 OZ), which was the subject of a hearing at the Ontario Land Tribunal (OLT) (Case No. PL200249).

 

The OLT issued a Decision on September 9, 2021 approving the Official Plan and Zoning By-law Amendments in principle, with the final Order being withheld until all outstanding matters, including the necessary agreements with the City, are secured, including rental housing matters.

 

This report reviews and recommends approval of the Rental Housing Demolition Application under Chapter 667 of the Toronto Municipal Code and the Residential Demolition Permit Application under Chapter 363 of the Toronto Municipal Code, to demolish six residential dwelling units, subject to conditions, which includes the provision of a Tenant Relocation and Assistance Plan.

Background Information

(January 31, 2022) Report and Attachment from the Director, Community Planning, Toronto and East York District - 287 Davenport Road and 141, 143 and 145 Bedford Road - Rental Housing Demolition Application - Final Report
https://www.toronto.ca/legdocs/mmis/2022/te/bgrd/backgroundfile-198861.pdf
(January 25, 2022) Notice of Public Meeting
https://www.toronto.ca/legdocs/mmis/2022/te/bgrd/backgroundfile-198862.pdf

Communications

(February 16, 2022) E-mail from Dave Stuhl (TE.New)

Motions

1 - Motion to Adopt Item moved by Councillor Mike Layton (Carried)
Source: Toronto City Clerk at www.toronto.ca/council