Item - 2019.NY2.1

North 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 the 6 existing rental units located on the ground floor of the rental building at 3636 Bathurst Street subject to the following conditions:

a. the Owner shall provide and maintain the 6 replacement rental units on the subject site for a period of at least 20 years, beginning from the date that each replacement rental unit is first occupied and, during which time, no application may be submitted to the City for condominium registration, or for any other conversion to a non-rental housing purposes, or for demolition without providing for replacement during the 20 year period. The 6 replacement rental units shall be comprised of 3 one-bedroom and 3 two-bedroom units, as shown on the August 30, 2017, Floor Plans submitted to the City Planning Division with any revisions to the satisfaction of the Chief Planner and Executive Director, City Planning Division;

b. the Owner shall provide and maintain at least 2 one-bedroom replacement rental units at affordable rents and at least 1 one-bedroom and 3 two-bedroom rental units at mid-range rents, all for a period of at least 10 years beginning from the date that each replacement rental unit is first occupied;

c. the owner shall provide tenants of the replacement rental units with access to all existing and proposed indoor and outdoor amenities within the existing rental building at no extra charge. Access and use of these amenities shall be on the same terms and conditions as any other resident without the need to pre-book or pay a fee, unless specifically required as customary practices for private bookings;

d. the Owner shall provide tenant relocation assistance to all eligible tenants occupying the 6 existing rental units proposed to be demolished, including the right to return to a replacement rental unit, all to the satisfaction of the Chief Planner and Executive Director, City Planning Division; and

e. the Owner shall enter into and register on title one or more Section 111 Agreement(s) to secure the conditions outlined in recommendation 1.a. through 1.d. above, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

2. City Council authorize the Chief Planner and Executive Director, City Planning Division to issue a preliminary approval for the application under Chapter 667 of the Toronto Municipal Code for the demolition of the 6 existing rental units at 3636 Bathurst Street East after all of the following have occurred:

a. the conditions outlined in recommendation 1 above have been fully satisfied;

b. the Zoning By-law Amendment(s) has 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; and

d. the issuance of excavation and shoring permits for the approved south addition.

3. City Council authorize the Chief Building Official to issue a Section 111 permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning Division has given the preliminary approval referred to in Recommendation 2 for the existing rental units.

4. City Council authorize the appropriate City officials to take such actions as are necessary to implement the foregoing, including execution of the Section 111 Agreements.

North York Community Council held a statutory public meeting on January 15, 2019 and notice was given in accordance with Municipal Code Chapter 667, under the City of Toronto Act.

A Rental Housing Demolition Application under Section 111 of the City of Toronto Act (Chapter 667 of the Toronto Municipal Code) has been filed to permit the demolition of 6 existing rental units at 3636 Bathurst Street to accommodate an expansion of the housing on the site. This application proposes to replace all 6 demolished rental units within the proposed south addition to the existing building and provide tenant relocation and assistance to all eligible tenants.

The related Zoning By-law Amendment for the site (File No. 11 330299 NNY 15 OZ) proposes a 9-storey (68 units) south addition, and a 10-storey (203 units) north addition with an 11th storey amenity roof top, attached to the existing 19-storey rental apartment building at 3636 Bathurst Street. Upon completion, there would be a total of 496 dwelling units. The related Zoning By-law Amendment application approved by City Council at its meeting on April 24, 2018 are the subject of a settlement at the Local Planning Appeal Tribunal (LPAT). An interim Order (PL171356) was issued by the LPAT on December 3, 2018, withholding the final Order subject to conditions being fulfilled.

This report recommends approval of the Section 111 permit application under Chapter 667 of the Toronto Municipal Code to demolish 6 existing rental units at 3636 Bathurst Street, subject to conditions.