Item - 2022.NY33.3

North York Community Council recommends that:

1. City Council amend Zoning By-law 7625, as amended, for the lands at 2808 to 2810 Keele Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (May 24, 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 2808 to 2810 Keele Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report (May 24, 2022) from the Director, Community Planning, North York District.

3. City Council authorize the City Solicitor to submit the necessary bills to implement City Council's decision provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will be issued until such time as the Section 37 Agreement is executed and registered.

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

5. City Council require the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act (the "Section 37 Agreement") as follows:

a. a cash contribution of one million and two-hundred thousand dollars ($1,200,000.00) towards capital improvements to parkland, community facilities, and/or the public realm within the vicinity of the development site and/or Ward 6;

b. the cash contributions referred to in Recommendation 5.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, as reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date City Council adopts the zoning by-law amendment(s) to the date of payment; and

c. in the event the cash contribution referred to in Recommendation 5.a. above has not been used for the determined purpose within three years of the amending Zoning By-laws 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.

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

a. a privately owned publicly-accessible spaces, having a minimum total area of approximately 1454.4 square metres at grade on the northern, western and southern portions of the site, as generally identified on Diagram 3 of Zoning By-law Amendment 569-2013, attached as Attachment 7 to this report, with the specific design of the privately owned publicly-accessible spaces and any associated easements and improvements to be determined as part of the Site Plan Approval process for this site, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor. The privately owned publicly-accessible spaces easement shall include provisions for rights of support if necessary, and insurance and indemnification of the City by the owner, to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor.

7. City Council approve the Rental Housing Demolition application (21 138298 NNY 06 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 fifty-four (54) existing rental dwelling units at 2808 and 2810 Keele Street, subject to the following conditions:

a. the owner shall provide and maintain fifty-four (54) 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 fifty-four (54) replacement rental dwelling units shall be comprised of one (1) studio unit, forty-five (45) two-bedroom units, six (6) three-bedroom units, and two (2) four-bedroom units, and shall collectively contain a total gross floor area of at least 4,514 square metres, as generally illustrated in the plans prepared by Turner Fleischer and dated May 18, 2022 and June 6, 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 two (2) four-bedroom replacement rental dwelling units, four (4) three-bedroom replacement rental units, forty-one (41) two-bedroom replacement rental units, and one (1) studio replacement rental unit at affordable rents, as currently defined in the Toronto Official Plan, and two (2) three-bedroom replacement rental units and four (4) two-bedroom replacement rental units at mid-range rents, as currently 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;

c. the owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the fifty-four (54) 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 six existing tenants of two-bedroom rental units to return to three-bedroom replacement rental units without increases in rent from moving to larger bedroom types), 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 fifty-four (54) 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 equipment in each replacement rental dwelling unit within the proposed development at no additional cost to tenants;

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

g. the owner shall provide and make available at least twenty-five (25) vehicle parking spaces to tenants of the replacement rental units, and such vehicle parking spaces shall be made available: firstly, to returning tenants whose lease agreements for their existing rental units in the existing building included access to a vehicular parking space, at no charge; secondly, to returning tenants who did not previously rent a vehicle parking space, on the same terms and conditions as any other resident of the development, and thirdly to new tenants of the replacement rental units on the same terms and conditions as any other resident of the development;

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 least twelve (12) storage lockers to tenants of the replacement rental units, and such storage lockers shall be made available: firstly, to returning tenants whose lease agreements for their existing rental units in the existing building included access to a storage locker, at no charge; secondly, to returning tenants who did not previously rent a storage locker, on the same terms and conditions as any other resident of the development; and, thirdly, to new tenants of the replacement rental units, on the same terms and conditions as any other resident of the development;

j. the fifty-four (54) replacement rental dwelling units required in Recommendation 7.a. above shall be made ready and available for occupancy no later than the date by which seventy percent (70%) 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 2808 and 2810 Keele Street, one or more agreement(s) to secure the conditions outlined in Recommendations 7.a. through 7.j. above, including an agreement pursuant to Section 37 of the Planning Act and 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.

8. 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 fifty-four (54) rental dwelling units at 2808 and 2810 Keele Street after all the following have occurred:

a. all conditions in Recommendation 7 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; 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 7.a. through 7.j. above and any other requirements of the Zoning By-law Amendments (if applicable).

9. 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 8 above.

10. 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 2808 and 2810 Keele Street after the Chief Planner and Executive Director, City Planning has given the Preliminary Approval referred to in Recommendation 8 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 fifty-four (54) replacement rental dwelling units within the time specified in Recommendation 10.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.

11. City Council authorize the City Solicitor and any other City staff to take such actions as are necessary to implement City Council's decision, including execution of the Section 37 agreement and Section 111 agreement and other related agreements.

The North York Community Council held a statutory public meeting on June 28, 2022 and notice was given in accordance with the Planning Act.

The Zoning By-law Amendment application proposes to amend both the former City of North York By-law 7625 and the City of Toronto By-law 569-2013 to permit the redevelopment of the lands with a 13-storey (42 metres, inclusive of the mechanical penthouse) apartment building comprised of 313 dwelling units, including 54 replacement rental units, and 167 parking spaces. The total gross floor area (GFA) of the proposed development is 23,827 square metres, which represents a floor space index (FSI) of 3.66 times the lot area.

The Rental Housing Demolition application proposes to demolish the existing four-storey rental apartment building (2808 Keele Street) and single-detached house (2810 Keele Street), which together contains 54 rental dwelling units, and replace all 54 rental units at similar sizes and by their respective or larger bedroom types within the proposed development. The City-approved Tenant Relocation and Assistance Plan would ensure existing tenants reserve the right to return to replacement rental units at similar rents and that they could afford alternative interim accommodation in the neighbourhood as the development is being constructed.

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020). The proposal represents an appropriate level of intensification along Keele Street, and provides for an appropriate transition from Apartment Neighbourhoods to Neighbourhoods, as contemplated by the Official Plan.

This report reviews and recommends approval of the applications to amend the Zoning By-laws and to demolish the 54 existing rental dwelling units on the lands.