Item - 2022.TE34.16

The Toronto and East York Community Council recommends that:

1. City Council approve the Rental Housing Demolition application (19 263430 STE 04 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 twelve (12) existing rental dwelling units at 1540-1550 Bloor Street West, subject to the following conditions:
 

a. The owner shall provide and maintain twelve (12) 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 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 unit or convert any replacement rental unit to a non-residential rental purpose. The twelve (12) replacement rental units shall collectively contain a total gross floor area of 763 square metres and be comprised of one (1) studio unit, four (4) one-bedroom units, and seven (7) two-bedroom units, as generally illustrated in the plans prepared by IBI Group and dated May 5, 2022. Any revision to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning.

b. The owner shall provide and maintain twelve (12) replacement rental dwelling units, including at least seven (7) two-bedroom units, four (4) one-bedroom units, and one (1) studio unit, at affordable 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 the one (1) Eligible Tenant of the twelve (12) 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, 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 twelve (12) 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.

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

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

         
h. The owner shall provide tenants of the replacement rental dwelling units with access to visitor vehicular parking at no charge and on the same terms and conditions as it is offered to any other resident of the proposed development.

i. The owner shall provide and make available at least eleven (11) bicycle parking spaces to tenants of the replacement rental dwelling units at no charge and on a first come-first serve basis.

j. The twelve (12) replacement rental dwelling units required in Recommendation 1.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.

k. The owner shall enter into, and register on title to the lands at 1540-1550 Bloor Street West, one or more agreement(s) to secure the conditions outlined in Recommendations 1.a. through 1.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.

 
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 twelve (12) existing rental dwelling units at 1540-1550 Bloor Street West after all the following have occurred:
 

a. all conditions in Recommendation 1 above have been fully satisfied and secured;

 
b. the Zoning By-law Amendment has come into full force and effect;

c. the issuance of 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 1.a. through 1.j. above and any other requirements of the Zoning-Bylaw Amendment (if applicable).

 
3. City Council authorize the Chief Building Official and Executive Director, Toronto Building Division 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 Preliminary Approval referred to in Recommendation 2 above.
 

4. City Council authorize the Chief Building Official and Executive Director, Toronto Building Division to issue a Residential Demolition Permit under Section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 1540-1550 Bloor Street West 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:
 

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 Division;

 
c. the owner erects the proposed building no later than three (3) years from the date on which the demolition of the existing buildings commences, subject to the timeframe being extended at the discretion of the Chief Planner and Executive Director, City Planning Division; and

 
d. should the owner fail to complete the proposed development containing the twelve (12) replacement rental dwelling units within the time specified in Recommendation 4c) 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 City Council's decision, including execution of the Section 111 agreement and other related agreements.

The Toronto and East York Community Council held a statutory public meeting on June 29, 2022 and notice was given in accordance with the Planning Act.

This application proposes to demolish the existing two-storey mixed-use buildings, which collectively contain 12 rental dwelling units, to permit the redevelopment of the lands with a 27-storey apartment building comprised of 354 dwelling units, including

12 affordable replacement rental units and 14 new affordable rental units. As of the date of this report, the total Gross Floor Area (GFA) of the proposed development would be 23,987 square metres, including 663 square metres of non-residential GFA, resulting in a Floor Space Index (FSI) of 9.73 times the site area.

The properties are also the subject of a Zoning By-law Amendment (ZBA) application (19 263422 STE 04 OZ), which was appealed to the Ontario Land Tribunal (OLT), formerly the Local Planning Appeal Tribunal (LPAT), in June 2020 (Case No. PL200248) on the basis of City Council's failure to make a decision on the application within the timeframe prescribed by the Planning Act. On November 9, 2021, a settlement offer was endorsed by City Council and, on February 4, 2022, the OLT issued a Decision approving the ZBA application in principle and witheld 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 Residential Demolition Permit under Chapter 363 of the Toronto Municipal Code, subject to conditions.