Item - 2022.TE33.2

The Toronto and East York Community Council recommends that:

1. City Council approve the application for a Rental Housing Demolition Permit in accordance with Chapter 667 of the Toronto Municipal Code to allow for the demolition of twenty (20) existing rental dwelling units located at 41-63 High Park Avenue and 102-116 Pacific Avenue, subject to the following conditions:

a. The owner shall provide tenant relocation and assistance to all eligible tenants of the existing rental dwelling units to be demolished, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and

b. The owner shall enter into and register on title to the subject site one or more agreement(s) to secure the conditions outlined in (a) above, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, including a Section 111 Agreement pursuant to Section 111 of the City of Toronto Act, 2006 and a Section 37 Agreement pursuant to the Planning Act.

2. City Council authorize the Chief Planner and Executive Director, City Planning , to issue Preliminary Approval for the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code for the demolition of all or any of the twenty (20) existing rental dwelling units at 41-63 High Park Avenue and 102-116 Pacific Avenue after all of the following have occurred:

a. The satisfaction or securing of the conditions in Recommendation 1 above;

b. The site-specific 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 for the proposed mixed-use building on the subject site; and

e. The City's receipt of confirmation that the existing rental dwelling units to be demolished are vacant;

3. City Council authorize the Chief Building Official to issue the 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 to issue a Residential Demolition Permit under Section 33 of the Planning Act no earlier than the issuance of the excavation and shoring permit for the proposed development, and after the Chief Planner and Executive Director, City Planning, has issued the Preliminary Approval referred to in Recommendation 2 above, which may be included in the demolition permit for Chapter 667 under 363-6.2, of the Toronto Municipal Code, on condition that:

a. The owner shall remove all debris and rubble from the site immediately after demolition;

b. The owner shall erect solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building;

c. The owner erects a mixed-use building on the site no later than three (3) years from the day demolition of the existing buildings is commenced; and

d. Should the owner fail to complete the new building within the time specified in Recommendation 4.c above, the City Clerk shall be entitled to enter on the collector’s roll, to be collected in a like manner as municipal taxes, the sum of twenty thousand dollars ($20,000.00) for each rental dwelling unit for which a demolition permit is issued, and that each sum shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.

5. City Council authorize the appropriate City officials to take such actions as are necessary to implement the recommendations above, including execution of the Section 37 and Section 111 Agreements.

The Toronto and East York Community Council held a statutory public meeting on May 26, 2022 and notice was given in accordance with the Planning Act.

This application proposes to demolish twenty existing rental dwelling units located at 41-63 High Park Avenue and 102-116 Pacific Avenue. All twenty rental dwelling units had rents that exceeded mid-range rents at the time of application, and as a result Official Plan policy does not require replacement of the existing rental units.

The lands at 35, 41-63, 65 and 95 High Park Avenue and 66 and 102-116 Pacific Avenue are subject to a related application under the Planning Act for amendments to the Official Plan and Zoning By-law (Application No. 16 271597 WET 13 OZ). This application was appealed to the then Local Planning Appeal Tribunal (LPAT) and resolved through a settlement offer accepted by City Council on December 17, 2019. The final order has been witheld until all outstanding matters, including the necessary agreements with the City, are secured, including rental housing matters.

This report reviews and recommends approval of the Rental Housing Demolition Application under Chapter 667 of the Toronto Municipal Code and the Residential Demolition Permit Application under Chapter 363 of the Toronto Municipal Code, to demolish twenty residential dwelling units, subject to conditions, which includes the provision of a Tenant Relocation and Assistance Plan.