Item - 2021.TE29.5

The Toronto and East York Community Council recommends that:

1. City Council amend the Official Plan for the lands at 230-232 Carlton Street and 33 and 39 Aberdeen Avenue substantially in accordance with the draft Official Plan Amendment attached as Attachment 5 to this report (November 3, 2021) from the Director, Community Planning, Toronto and East York District.

2. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment as may be required.

3. City Council approve the Rental Housing Conversion application (20 233836 STE 13 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to sever the residential rental property containing eight (8) rental dwelling units at 230-232 Carlton Street and 33 and 39 Aberdeen Avenue into three separate properties, each containing fewer than six (6) rental dwelling units, subject to the following conditions:

a. The owner shall apply for, and obtain approval for a Consent from the Committee of Adjustment or the Toronto Local Appeal Body, if applicable, to permit the severance of the lands at 230-232 Carlton Street and 33 and 39 Aberdeen Avenue into three separate properties for the purposes of conveying each of the properties to qualified non-profit housing providers as part of the Tenants First Initiative.

b. The owner of the lands at 230-232 Carlton Street shall continue to provide and maintain two (2) rental dwelling units, including one (1) studio rental unit and one (1) one-bedroom rental unit, as social housing units and sixteen (16) dwelling rooms as social housing dwelling rooms for a period of at least 99 years from the date of issuance of the Certificate of Official permitting the severance of the lands at 230-232 Carlton Street and 33 and 39 Aberdeen Avenue, subject to a social housing program described in Section 453.1 of the City of Toronto Act, 2006 ("social housing"). During such 99-year period, no social housing unit or dwelling room shall be registered as a condominium or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit or dwelling room, including life-lease or co-ownership, and no application shall be made to demolish or convert any social housing unit or dwelling room to a non-residential rental purpose without replacement of same. The two (2) social housing units and sixteen (16) social housing dwelling rooms at 230-232 Carlton Street shall continue to be provided and maintained to the satisfaction of the Chief Planner and Executive Director, City Planning;

c.  The owner of the lands at 230-232 Carlton Street shall continue to provide the two (2) social housing units and sixteen (16) social housing dwelling rooms required in Recommendation 3.a above at rents-geared-to-income for a period of at least 25 years from the date of issuance of the Certificate of Official permitting the severance of the lands at 230-232 Carlton Street and 33 and 39 Aberdeen Avenue is final and binding, subject to the continued provision of funding from federal, provincial, and/or municipal government programs;

d. The owner of the lands at 33 Aberdeen Avenue shall continue to provide and maintain two (2) rental dwelling units, including one (1) one-bedroom rental unit and one (1) three-bedroom rental unit, as social housing units for a period of at least 99 years from the date of issuance of the Certificate of Official permitting the severance of the lands at 230-232 Carlton Street and 33 and 39 Aberdeen Avenue, subject to a social housing program described in Section 453.1 of the City of Toronto Act, 2006 ("social housing"). During such 99-year period, no social housing 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 or convert any social housing unit to a non-residential rental purpose without replacement of the same. The two (2) social housing units at 33 Aberdeen Avenue shall continue to be provided and maintained to the satisfaction of the Chief Planner and Executive Director, City Planning;

e. The owner of the lands at 33 Aberdeen Avenue shall continue to provide the two (2) social housing units required in Recommendation 3.c above at rents-geared-to-income for a period of at least 25 years from the date of issuance of the Certificate of Official permitting the severance of the lands at 230-232 Carlton Street and 33 and 39 Aberdeen Avenue, subject to the continued provision of funding from federal, provincial, and/or municipal government programs;

f. The owner of the lands at 39 Aberdeen Avenue shall continue to provide and maintain four (4) rental dwelling units, including two (2) one-bedroom rental units and two (2) two-bedroom rental units, as social housing units for a period of at least 99 years from the date of issuance of the Certificate of Official permitting the severance of the lands at 230-232 Carlton Street and 33 and 39 Aberdeen Avenue, subject to a social housing program described in Section 453.1 of the City of Toronto Act, 2006 ("social housing"). During such 99-year period, no social housing 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 or convert any social housing unit to a non-residential rental purpose without replacement of the same. The four (4) social housing units at 39 Aberdeen Avenue shall continue to be provided and maintained to the satisfaction of the Chief Planner and Executive Director, City Planning;

g. The owner of the lands at 39 Aberdeen Avenue shall continue to provide the four (4) social housing units required in Recommendation 3.e above at rents-geared-to-income for a period of at least 25 years from the date that the severance of the lands at 230-232 Carlton Street and 33 and 39 Aberdeen Avenue is final and binding, subject to the continued provision of funding from federal, provincial, and/or municipal government programs;

h. The owner shall enter into, and register on title to the lands at each of 230-232 Carlton Street, 33 Aberdeen Avenue, and 39 Aberdeen Avenue, agreements pursuant to Section 111 and 453.1 of the City of Toronto Act, 2006 to secure the conditions outlined in Recommendations 3.a. to 3.f. above, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

4. City Council authorize the Chief Planner and Executive Director, City Planning to issue Preliminary Approval of the application under Chapter 667 of the Toronto Municipal Code for the severance of the residential rental property at 230-232 Carlton Street and 33 and 39 Aberdeen Avenue after all of the following have occurred:

a. the conditions in Recommendation 3 above have been fully satisfied and secured;

b. the severance is final and binding; and

c. the execution and registration on title of agreements pursuant to Sections 111 and 453.1 of the City of Toronto Act, 2006 for 230-232 Carlton Street, 33 Aberdeen Avenue, and 39 Aberdeen Avenue respectively, securing the conditions in Recommendation 3 above.

The Toronto and East York Community Council held a statutory public meeting on November 24, 2021 and notice was given in accordance with the Planning Act.

The Toronto Community Housing Corporation (TCHC) is proposing to amend the Official Plan and requesting approval under Chapter 667 of the Toronto Municipal Code to permit the severance of the existing social housing property at 230-232 Carlton Street and 33 and 39 Aberdeen Avenue into three separate properties that would be conveyed to qualified non-profit housing agencies as part of the Tenants First initiative. All eight existing rental dwelling units and all 16 existing dwelling rooms would continue to be provided and maintained by future owners as social housing with rents-geared-to-income. There will be no changes to the existing tenancies, and tenants will continue to reserve their existing rights under the Residential Tenancies Act, 2006.    

The proposal is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020).

This report reviews and recommends approval of the application to amend the Official Plan and the Rental Housing Conversion application under Chapter 667 of the Toronto Municipal Code in order to implement the City's Tenants First Initiative.