Item - 2022.NY32.2

North York Community Council recommends that:

1. City Council amend former City of Toronto Zoning By-law 438-86, as amended, for the lands at 109 Erskine Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (May 5, 2022) from the Director, Community Planning, North York District.

2. City Council amend City of Toronto Zoning By-law 569-2013, as amended, for the lands at 109 Erskine Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (May 5, 2022) from the Director, Community Planning, North York District.

3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments as may be required.

4. City Council approve the Rental Housing Demolition application (20 208291 NNY 15 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 thirty-three (33) existing rental dwelling units at 109 Erskine Avenue, subject to the following conditions:

a. the owner shall provide and maintain thirty-three (33) replacement rental dwelling units 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 dwelling 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 dwelling unit or convert any replacement rental unit to a non-residential rental purpose. The thirty-three (33) replacement rental dwelling units shall collectively contain a total gross floor area of at least 2,185 square metres and be composed of nine (9) two-bedroom units, twenty (20) one-bedroom units, and four (4) studio units, as generally illustrated in the plans prepared by RAW Design and dated March 7, 2022, with any revision to these plans being to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. the owner shall provide and maintain at least five (5) two-bedroom replacement rental dwelling units, six (6) one-bedroom replacement rental units, and four (4) studio replacement rental units at affordable rents, as currently defined in the Toronto Official Plan, and three (3) two-bedroom replacement rental units and fourteen (14) one-bedroom replacement rental units at mid-range rents, as defined in the Toronto Official Plan, for a period of at least ten (10) years beginning from the date of first occupancy of each unit. The one (1) remaining two-bedroom replacement rental unit shall have unrestricted rent.

c. the owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the thirty-three (33) existing rental dwelling units proposed to be demolished, addressing the right to return to occupy one of the replacement rental dwelling units at similar rents (including the right for one of the tenants of the existing studio units to return to a one-bedroom replacement rental unit without an increase in rent from having to move to a larger bedroom type), the provision of alternative accommodation at similar rents in the form of rent gap payments, 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 tenants of all thirty-three (33) 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;

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

f. the owner shall provide air conditioning in each replacement rental dwelling unit within the proposed development at no additional cost to tenants;

g. the owner shall provide and make available eleven (11) vehicle parking spaces to returning tenants of the replacement rental dwelling units who previously leased vehicle parking spaces, and at similar monthly parking charges that such tenants previously paid, in the existing building. Should fewer than eleven (11) returning tenants who previously leased vehicle parking spaces elect to lease a vehicle parking space in the development or should a returning tenant leasing a vehicular parking space in the development vacate their replacement rental unit, the owner may provide and make available no fewer than five (5) vehicular parking spaces to tenants of the replacement rental units;

h. the owner shall provide tenants of the replacement rental dwelling units with access to all bicycle and visitor vehicular parking at no charge and on the same terms and conditions as any other resident of the development;

i. the owner shall provide and make available, at no charge, at least seven (7) storage lockers to returning tenants whose lease agreements for their existing rental units in the existing building included access to storage space;

j. the thirty-three (33) replacement rental dwelling units required in Part 4.a above shall be made ready and available for occupancy no later than the date by which ninety percent (90%) of the new dwelling units in the proposed development, exclusive of the replacement rental units, are made available and ready for occupancy, subject to any revisions to the satisfaction of the Chief Planner and Executive Director, City Planning; and

k. the owner shall enter into, and register on title to the lands at 109 Erskine Avenue, one or more agreement(s) to secure the conditions outlined in Parts 4.a through 4.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.

5. 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 pursuant to Section 111 of the City of Toronto Act, 2006 for the demolition of the (33) replacement rental dwelling units at 109 Erskine Avenue after all the following have occurred:

a. all conditions in Recommendation 4 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 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 or will be vacant prior to the demolition of any existing rental unit; and

f. the execution and registration of agreements pursuant to Section 37 of the Planning Act and Section 111 of the City of Toronto Act, 2006 securing Recommendations 4.a. through 4.j above and any other requirements of the Zoning By-law Amendments (if applicable).

6. 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 the Preliminary Approval referred to in Recommendation 5 above.

7. 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 109 Erskine Avenue after the Chief Planner and Executive Director, City Planning has given the Preliminary Approval referred to in Recommendation 5 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 building no later than three (3) years from the date on which the demolition of the existing rental dwelling units 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 development containing the thirty-three (33) replacement rental dwelling units within the time specified in Recommendation 7.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.

8. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows: 

a. a cash contribution of $2,800,00.00 dollars to be allocated towards community services and facilities, local parkland acquisition and improvements, and/or public realm improvements within the vicinity of the subject property, with the design of any streetscape improvements to comply with the Streetscape Manual, to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. the cash contributions referred to in Recommendation 8.a. above shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of the Agreement to the date of payment;

c. in the event the cash contributions referred to in Recommendation 8.a. above have not been used for the determined purpose within three years of the amending Zoning By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided the purpose is identified in the Official Plan and will benefit the community in the vicinity of the lands;

9. The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:

a. transportation Demand Management measures:

1. prior to the issuance of an above grade building permit, the Owner shall provide a monetary contribution of $50,000.00 (Fifty Thousand Dollars) towards additional area bike share facilities and area parks improvements be provided, to the satisfaction of the Chief Planner and Executive Director, City Planning, which cash contribution shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01 or its successor, calculated from the date of the Agreement to the date of payment;

2. the Owner shall provide preloaded Presto Cards with a value of $156 shall be provided to each unit;

b. the owner shall enter into a financially secured agreement for the construction of any  improvements to the existing municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development; and

c. the owner shall construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard, and the owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the site.

10. 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.

11. City Council direct the General Manager, Parks Forestry and Recreation to accept a payment in lieu of the on-site parkland dedication in satisfaction of the applicant's required parkland contribution pursuant to Section 42 of the Planning Act.

12. City Council direct City Planning staff to work with the applicant to explore enhanced screening options, including a fence, to improve interface between the development at 109 Erskine Avenue and the abutting properties at 260 to 278 Redpath Avenue prior to site plan approval.

13. City Council direct City Planning staff, in consultation with the applicant to establish a Construction Liaison Committee made up of local residents to the satisfaction of the Ward Councillor; the Committee to meet monthly at the beginning of construction; and notes from the meetings are to be shared with the members and the Ward Councillor's office.

The North York Community Council held a statutory public meeting on May 24 2022 and notice was given in accordance with the Planning Act.

The applications propose to demolish the existing three-storey apartment building comprised of 33 rental dwelling units at 109 Erskine Avenue and redevelop the lands with a 22-storey (69.3metre + 4.8 metre mechanical penthouse) building comprised of 211 residential units, inclusive of 33 replacement rental units. The proposed development would contain a total gross floor area (GFA) of 14,176 square metres, which represents a density of 8.17 times the area of the lot.

The proposed development is consistent with the Provincial Policy Statement and conforms with the provincial Growth Plan and the City of Toronto Official Plan.

This report reviews and recommends approval of the application to amend the former City of Toronto Zoning By-law 438-86 and the City of Toronto Zoning By-law 569-2013.