Item - 2022.NY34.4

North York Community Council recommends that:

1. City Council amend the Official Plan, for the lands at 71 Talara Drive substantially in accordance with the draft Official Plan Amendment attached as Attachment 5 to the report (June 27, 2022) from the Director, Community Planning, North York District.

2. City Council amend the former City of North York Zoning By-law 7625, as amended, for the lands at 71 Talara Drive substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (June 27, 2022) from the Director, Community Planning, North York District.

3. City Council amend City of Toronto Zoning By-law 569-2013, as amended, for the lands at 71 Talara Drive substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report (June 27, 2022) from the Director, Community Planning, North York District.

4. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and draft 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 as follows:

a. the community benefit recommended to be secured in the Section 37 Agreement is as follows:

1. a $2,250,000.00 cash contribution to be allocated towards improvements to community facilities located within Ward 17 and/or the vicinity of the application site, such allocation to be at the discretion of the Chief Planner and Executive Director, City Planning and General Manager, Parks, Forestry and Recreation, in consultation with the Ward Councillor;

2. the financial contribution pursuant to Recommendation 5.a.1. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date City Council adopts the zoning by-law amendment(s) to the date of payment; and

3. in the event the cash contribution referred to in Recommendation 5.a.1. above has not been used for the intended purpose within three (3) years of this 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 of City Planning, in consultation with the local Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands.

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

1. the Owner shall provide a minimum of 10 percent of all new units in the proposed development as three-bedroom units;

2. the Owner shall provide a minimum of 20 percent of all new units in the proposed development as two-bedroom units; and

3. the Owner will 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.

6. City Council approve the Rental Housing Demolition application (21 113723 NNY 17 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 29 existing rental dwelling units at 71 Talara Drive, subject to the following conditions:

a. the Owner shall provide and maintain 29 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 29 replacement rental dwelling units shall collectively have a total gross floor area of at least 2120.3 square metres and be comprised of 1 studio unit, 7 one-bedroom units, and 21 two-bedroom units. The studio unit may be replaced with a one-bedroom unit, to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. the replacement rental units will be similar in size, by unit type, to the demolished rental units to the satisfaction of the Chief Planner and Executive Director, City Planning. The average replacement rental unit size, by unit type, shall be no less than 97 percent of the average demolished rental unit size, by unit type. Revised floor plans for the replacement units indicating the sizes, and location of the 29 replacement rental units will be provided prior to the issuance of Notice of Approval Conditions for Site Plan Approval, to the satisfaction of the Chief Planner and Executive Director, City Planning;

c. the Owner shall provide and maintain 1 studio unit or one-bedroom unit, 5 one-bedroom units and 12 two-bedroom units at affordable rents, and 2 one-bedroom units and 9 two-bedroom 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.

d. the Owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the 29 existing rental units, addressing the right to return to occupy one of the replacement rental dwelling units at similar rents, 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;

e. the Owner shall provide tenants of all 29 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 separate entrances or the need to pre-book or pay a fee unless specifically required as a customary practice for private bookings;

f. all of the replacement rental units will have a private outdoor balcony and/or patio;

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

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

i. the Owner shall provide and make available for rent a minimum of 14 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 replacement rental dwelling units. Existing tenants who rented parking in the existing building would have the right to rent a parking spot at a similar rate in the new building. The final terms and conditions for renting parking spots to tenants of the replacement units shall be to the satisfaction of the Chief Planner;

j. the Owner shall provide tenants of the twenty-nine replacement rental dwelling units with access to all bicycle and visitor parking at no charge and on the same terms and conditions as any other resident of the proposed development;

k. the Owner shall provide and make available for rent a minimum of 6 storage lockers to tenants of the replacement rental dwelling units. The terms and conditions for renting storage lockers to tenants of the replacement units shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

l. the twenty-nine rental dwelling units required in recommendation 6.b. above shall be made ready and available for occupancy no later than the date by which 70 percent 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

m. The Owner shall enter into, and register on title to the lands at 71 Talara Drive, one or more agreement(s) to secure the conditions outlined in Recommendations  6 a. through 6.l. 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.

7. 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 twenty-nine rental dwelling units at 71 Talara Drive after all the following have occurred:

a. all conditions in Recommendation 6 above have been fully satisfied and secured;

b. a tenant consultation meeting, led by City Staff, for eligible tenants has taken place;

c. the Zoning By-law Amendment(s) have come into full force and effect;

d. 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, or as otherwise authorized by the Chief Planner and Executive Director, City Planning;

e. the issuance of excavation and shoring permits (conditional or full permit)  for the approved development on the site;

f. the Owner has confirmed, in writing, that all existing rental dwelling units proposed to be demolished are vacant; and

g. 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 6b) through 6m) above and any other requirements of the Zoning-Bylaw Amendment(s).

8. 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 Division has given Preliminary Approval referred to in Recommendation 7 above.

9. 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 71 Talara drive after the Chief Planner and Executive Director, City Planning has given the Preliminary Approval referred to in Recommendation 7 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 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 29 replacement rental dwelling units within the time specified in Recommendation 9.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 $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.

10. 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 issue until such time as the Section 37 Agreement is executed and registered.

The North York Community Council held a statutory public meeting on July 8, 2022 and notice was given in accordance with the Planning Act.

This application proposes to amend the Official Plan and Zoning By-laws for the lands at 71 Talara Drive. The applicant proposes to demolish the existing 3-storey residential building at 71 Talara Drive containing 29 rental dwelling units and redevelop the lands with a 23-storey (68.5 metres- excluding mechanical penthouse) residential building containing a total of 281 residential dwelling units, of which 29 units will be rental replacement units.

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).

This report reviews and recommends approval of the application to amend the Official Plan, the Zoning By-laws and the Rental Housing Demolition Application at 71 Talara Drive.