Item - 2022.TE31.11

The Toronto and East York Community Council recommends that:

1. City Council approve the Rental Housing Demolition Application File No. 17 162769 STE 28 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 seven (7) existing rental dwelling units located at 83-97 River Street and 2-4 Labatt Avenue, subject to the following conditions:

1. The owner shall provide and maintain seven (7) replacement rental dwelling units on the subject site for a period of at least 20 years beginning from the date that each replacement rental 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, 20 year period; the seven (7) replacement rental dwelling units shall be comprised of three (3) one-bedroom units, one (1) two-bedroom unit, one (1) three-bedroom unit, and two (2) four-bedroom units as generally illustrated in the plans submitted to the City Planning Division dated January 17, 2021. Any revision to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;
   
   
2. The owner shall, as part of the seven (7) replacement rental dwelling units required in Recommendation 1.a above, provide at least three (3) one-bedroom and one (1) three-bedroom replacement rental dwelling units at affordable rents, as currently defined in the City's Official Plan, and one (1) two-bedroom replacement rental dwelling units at mid-range rents, as 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 two (2) four-bedroom replacement rental dwelling units shall be unrestricted;
   
   
3. The owner shall provide an acceptable tenant relocation and assistance plan for all Eligible Tenants of the seven (7) existing rental dwelling units proposed to be demolished at 83-97 River Street and 2-4 Labatt Avenue, 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;
   
   
4.  The owner shall provide Other Eligible Tenants with the right to return to a replacement rental dwelling unit, all to the satisfaction of the Chief Planner and Executive Director, City Planning;
   
   
5. The owner shall provide tenants of all seven (7) replacement rental dwelling units with access to, and use of, all indoor and outdoor amenities in the proposed 34-storey mixed-use 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;
   
   
6. The owner shall provide ensuite laundry in each replacement rental dwelling unit within the proposed mixed-use building at no additional cost to tenants;
   
   
7. The owner shall provide at least four (4) replacement rental dwelling units with balconies or terraces for private and exclusive access by the tenants of such units;
   
   
8. The owner shall provide central air conditioning in each replacement rental dwelling unit within the proposed mixed-use building;
   
   
9. The owner shall provide and make available for rent at least three (3) 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;
   
   
10. The owner shall provide tenants of the seven (7) 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 mixed-use building;
    
    
11. The owner shall provide two (2) storage lockers to tenants of the replacement rental dwelling units;
    
    
12. The owner shall enter into, and register on title at 83-97 River Street and 2-4 Labatt Avenue, one or more agreement(s), to secure the conditions outlined in Recommendations 1.a. through 1.k. 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.

2. 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 seven (7) existing rental dwelling units located at 83-97 River Street and 2-4 Labatt Avenue after all the following have occurred:

1.  All conditions in Recommendation 1 above have been fully satisfied and secured;
   
   
2.  The Zoning By-law Amendment(s) have come into full force and effect;
   
   
3.  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;
   
   
4.  The issuance of excavation and shoring permits (conditional or full permit) for the approved development on the site;
   
   
5.  The owner has confirmed, in writing, that all existing rental dwelling units proposed to be demolished are vacant; and
   
   
6.  The execution and registration of an agreement pursuant to Section 37 of the Planning Act securing Recommendations 1.a. through 1.l. above.

3.    City Council authorize the Chief Building Official and Executive Director, Toronto Buildingto 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 2 above.
 

4.    City Council authorize the Chief Building Official and Executive Director, Toronto Buildingto issue a Residential Demolition Permit under Section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 83-97 River Street and 2-4 Labatt Avenue after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Recommendation 2 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:

1. The owner removes all debris and rubble from the site immediately after demolition;
   
   
2.  The owner erects solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building;
   
   
3.  The owner erects the proposed mixed-use building on the 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
   
   
4.  Should the owner fail to complete the proposed mixed-use building within the time specified in Recommendation 4.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.

5.    City Council authorize the appropriate City officials to take such actions as are necessary to implement the above recommendations, including execution of the Section 111 Agreement and other related agreements.

The Toronto and East York Community Council held a statutory public meeting on February 16, 2022 and notice was given in accordance with the Planning Act.

A Rental Housing Demolition application (17 162769 STE 28 RH) has been submitted under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 for the residential rental property at 83-97 River Street and 2-4 Labatt Avenue.

The application proposes to demolish 7 existing rental dwelling units in order to redevelop the subject lands with a 34-storey mixed-use building comprised of ground floor retail and 388 dwelling units, including 7 rental replacement units. The total Gross Floor Area (GFA) of the proposed development is approximately 23,669 square metres, of which approximately 23,389 square metres is residential GFA and approximately 280 square metres is non-residential GFA.

The properties are also the subject of Official Plan Amendment and Zoning By-law Amendment applications (17 162754 STE 28 OZ), which were appealed to the Ontario Land Tribunal (OLT) in October 2017 (Case No. PL171162). A settlement offer was endorsed by City Council on October 1, 2021. Council deferred making a decision on the Rental Housing Demolition application and directed staff to request the OLT to withhold its Order on the appeals until such time as the Rental Housing Demolition application has been approved by Council and all appropriate conditions associated with the Rental Housing Demolition Permit have been satisfied, including the execution of any necessary agreements.

On December 8, 2021, the OLT held a settlement hearing and approved the Zoning By-law Amendment application in principle. As outlined on the decision issued on December 17, 2021, the OLT withheld its final Order until outstanding matters, including a decision by City Council on the Rental Housing Demolition application, are resolved.

This report recommends approval of the Rental Housing Demolition application under Chapter 667 of the Toronto Municipal Code and the demolition permit under Chapter 363 of the Toronto Municipal Code, subject to conditions.