Item - 2020.TE21.6

The Toronto and East York Community Council recommends that:

1. City Council amend Former City of Toronto Zoning By-law 438-86 for the lands at 1637-1645 Bathurst Street in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (November 16, 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 1637-1645 Bathurst Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (November 16, 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. Before introducing the necessary Bills to City Council for enactment, City

Council require the owner to:

a. Enter into an agreement, pursuant to Section 37 of the Planning Act, to secure the number, size, type, and tenure of replacement residential rental units and improvements to the existing residential rental property, as outlined in Recommendation 5 below.
 

5. City Council approve the Rental Housing Demolition Application File No. 18 182198 STE 21 RH in accordance with Chapter 667 of the Toronto Municipal Code and pursuant to Section 111 of the City of Toronto Act, 2006 which allows for the demolition of twenty-five (25) existing rental dwelling units located at 1637, 1639, 1641, 1643 and 1645 Bathurst Street, subject to the following conditions:

a. The owner shall provide and maintain twenty-seven (27) replacement rental dwelling units on the subject site for a period of at least 20 years beginning from the date that each replacement rental dwelling 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 purpose, or for demolition without providing for replacement during the, at minimum, aforesaid 20 year period; the twenty-seven (27) replacement rental dwelling units shall be comprised of two (2) one-bedroom units, four (4) two-bedroom units, and twenty-one (21) three-bedroom units as generally illustrated in the plans submitted to the City Planning Division dated August 31, 2020. Any revision to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;
 

b. Of the required twenty-seven (27) replacement rental dwelling units required in Recommendation 5 a. above, the owner shall provide at least two (2) two-bedroom, and two (2) three-bedroom replacement rental dwelling units at affordable rents, as currently defined in the City's Official Plan, and two (2) one-bedroom, two (2) two-bedroom, and eleven (11) three-bedroom replacement rental dwelling units at mid-range rents, as currently defined in the City's Official Plan, all for a period of at least 10 years beginning from the date of first occupancy of each unit. The rents of the remaining eight (8) replacement rental dwelling units shall be unrestricted;
 

c. The owner shall provide an acceptable tenant relocation and assistance plan for all Eligible Tenants of the twenty-five (25) existing rental dwelling units proposed to be demolished at 1637, 1639, 1641, 1643 and 1645 Bathurst 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;
 

d. The owner shall provide tenant relocation and assistance to all Post Application Tenants, all to the satisfaction of the Chief Planner and Executive Director, City Planning;
 

e. The owner shall provide tenants of all twenty-seven (27) replacement rental dwelling units with access to, and use of, all indoor and outdoor amenities in the proposed new residential building at no extra charge. Access to, and use of, these amenities shall be on the same terms and conditions as any other resident of the building without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings;
 

f. The owner shall provide ensuite laundry in each replacement rental dwelling unit within the residential building at no additional cost to tenants;
 

g. The owner shall provide central air conditioning in each replacement rental dwelling unit within the proposed residential building;
 

h. The owner shall provide and make available for rent at least fifteen (15) vehicle parking spaces to tenants of the replacement rental dwelling units. Such 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 rental replacement dwelling units;
 

i. The owner shall provide tenants of the twenty-seven (27) replacement rental dwelling units with access to all bicycle and visitor parking on the same terms and conditions as any other resident of the proposed residential building;

 
j. The owner shall make twenty (20) storage lockers available for rent to tenants of the replacement rental dwelling units; and

 
k. The owner shall enter into, and register on title at 1637, 1639, 1641, 1643 and 1645 Bathurst Street, one or more agreement(s), to secure the conditions outlined in Recommendations 5.a. through 5.j. 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.
 

6. City Council authorize the Chief Planner and Executive Director, City Planning, to issue Preliminary Approval of the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code for the demolition of the twenty-five (25) existing rental dwelling units located at 1637, 1639, 1641, 1643 and 1645 Bathurst Street after all the following have occurred:

a. All conditions in Recommendation 5 above have been fully satisfied and secured;

 
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 (conditional or full permit) 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
 

7. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a 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 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 and Chapter 363 of the Toronto Municipal Code for at 1637, 1639, 1641, 1643 and 1645 Bathurst Street after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Recommendation 6 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;

 
c. The owner erects the proposed residential building on site no later than four (4) years from the date that the demolition of such building commences, subject to the timeframe being extended to the discretion of the Chief Planner and Executive Director, City Planning; and

 
d. Should the owner fail to complete the proposed residential building within the time specified in Recommendation 8.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 demolition permit is issued.
 

9. 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, Section 37 Agreement, and any other necessary agreements.

The Toronto and East York Community Council held a statutory public meeting on December 2, 2020 and notice was given in accordance with the Planning Act.

This report reviews and recommends approval of the Zoning By-law Amendment and

approval of the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code and the Residential Demolition Permit under Chapter 363 of the Toronto Municipal Code, subject to conditions.

The applications propose a new 4-storey apartment building (16.53 metres, plus a 2.9 metre mechanical penthouse) with a total of 75 residential units (including 27 rental replacement units) and 93 vehicular parking spaces within two levels of underground parking at 1637-1645 Bathurst Street. The five existing rental apartment buildings containing 25 residential rental dwelling units are to be demolished.

The proposed development is consistent with the Provincial Policy Statement (2020), conforms with the Growth Plan for the Greater Golden Horseshoe (2020), conforms with all relevant policies of the Official Plan and fits within the existing and planned context of the neighbourhood.