Item - 2023.NY7.3

North York Community Council recommends that:

1. City Council approve the Rental Housing Demolition application File Number 21 169468 NNY 15 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 eighty-six (86) existing rental dwelling units at 124 Broadway Avenue, subject to the following conditions:
 

a. The owner shall provide and maintain eighty-six (86) replacement rental dwelling units at 136 Broadway Avenue 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. The eighty-six (86) replacement rental dwelling units shall collectively have a total gross floor area of at least 5,423.8 square metres and shall be comprised of two (2) studio units, thirty-two (32) one-bedroom units, forty-three (43) two-bedroom units and nine (9) three-bedroom units’ replacement rental units, as generally illustrated in the plans submitted to the City Planning Division dated July 31, 2023. Any revision to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning Division;

b. The owner shall, as part of the eighty-six (86) replacement rental dwelling units required in Recommendation 1.a. above, provide and maintain at least thirteen (13) one-bedroom, twenty-six (26) two-bedroom and three (3) three-bedroom replacement rental dwelling units at 80 percent of affordable rents, defined as gross monthly rent no greater than eighty percent (80%) of  the average City of Toronto rent by unit type, as reported annually by the Canada Mortgage and Housing Corporation,  at least one (1) studio, fifteen (15) one-bedroom, sixteen (16)  two-bedroom and six (6) three-bedroom units as replacement rental dwelling units at affordable rents, defined as gross monthly rent no greater than one-hundred percent (100%) of the average City of Toronto rent by unit type, as reported annually by the Canada Mortgage and Housing Corporation and one (1) studio, four (4) one-bedroom and one (1) two-bedroom units as replacement rental dwelling units at mid-range rents, defined as gross monthly rent that exceeds Affordable Rent but is no greater than one-hundred and fifty percent (150%) of the average City of Toronto rent by unit type, as reported annually by the Canada Mortgage and Housing Corporation, all for a period of at least 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 eighty-six (86) existing rental dwelling units proposed to be demolished at 124 Broadway Avenue, addressing the right to return to occupy one of the replacement rental dwelling units at 136 Broadway Avenue at similar rents, the provision of rent gap assistance, and other assistance to lessen 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 Division;

d. The owner shall provide tenants of all eighty-six (86) replacement rental dwelling units with access to, and use of, all indoor and outdoor amenities in the proposed building at 136 Broadway Avenue at no extra charge, and on the same terms and conditions as any other resident of the proposed residential tower at 136 Broadway Avenue, 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 in each replacement rental dwelling unit within the proposed development at 124 and 136 Broadway Avenue at no extra charge;

f. The owner shall provide central air conditioning in each replacement rental dwelling unit within the proposed development at 124 and 136 Broadway Avenue, at no extra charge;

g. The owner shall provide tenants of the eighty-six (86) replacement rental dwelling units with access to bicycle and visitor vehicular parking at no charge and on the same terms and conditions as any other resident of the proposed  residential tower at 136 Broadway Avenue;

h. The owner shall provide and make available for rent at least twenty-seven (27) resident vehicle parking spaces within the proposed development at 124 and 136 Broadway Avenue to tenants of the replacement rental dwelling units. Such parking spaces shall be made available firstly to returning tenants who previously rented a resident vehicle parking space, and at similar monthly parking charges that such tenants previously paid. The remaining resident vehicle parking spaces shall be made available to tenants of the replacement rental units to the satisfaction of the Chief Planner and Executive Director, City Planning Division;

i. The owner shall provide and make available for rent a minimum of thirty-two (32) storage lockers within the proposed development at 124 and 136 Broadway Avenue, to tenants of the replacement rental dwelling units on the same terms and conditions as any other resident of the proposed residential tower at 136 Broadway Avenue;

j. The eighty-six (86) 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 at 124 and 136 Broadway Avenue, are made available and ready for occupancy;

k. The owner shall request issuance of above-grade building permits for the new  residential tower at 136 Broadway Avenue prior to or concurrent with the issuance of above-grade building permits for the residential tower at 124 Broadway Avenue; and

l. The owner shall enter into, and register on title to the lands at 124 Broadway Avenue and at 136 Broadway Avenue, one or more agreements pursuant to Section 111 of the City of Toronto Act, 2006 to secure the replacement rental dwelling units located at 136 Broadway Avenue and conditions outlined in Recommendations 1.a through 1.k above, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning Division.

 
2. City Council authorize the Chief Planner and Executive Director, City Planning Division 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 eighty-six (86) existing rental dwelling units at 124 Broadway Avenue 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(s) 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 at 124 and 136 Broadway Avenue; and,

 
e. the owner has confirmed, in writing, that all existing rental dwelling units proposed to be demolished are vacant.

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 124 Broadway Avenue after the Chief Planner and Executive Director, City Planning Division 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 on the site no later than three (3) years from the date that 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 Division; and

 
d. should the owner fail to complete the proposed 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 City Council's decision, including execution of the Section 111 agreements and any other related agreements.

This application proposes to demolish one 4-storey apartment building containing a total of 86 rental units at the subject property of 124 Broadway Avenue. The 86 rental dwelling units are proposed to be replaced in a consolidated development at 124 and 136 Broadway Avenue, comprised of a new 30-storey purpose-built rental residential tower at 136 Broadway Avenue containing the replacement rental units and a 36-storey residential tower at 124 Broadway Avenue.

On June 11, 2021, the City received a Zoning By-law Amendment application to permit a 38-storey residential building at the subject property of 124 Broadway Avenue (File number 21 169458 NNY 15 OZ) and the related rental demolition to permit the demolition of 86 existing rental units (File number 21 169468 NNY 15 RH).

On November 4, 2021, the City received a Zoning By-law Amendment application to permit a 12-storey residential building at 136 Broadway Avenue (File number 21 234009 NNY 15 OZ) and the related rental demolition application to permit the demolition of 39 existing rental units (File number 21 234017 NNY 15 RH).

On May 10, 2023, City Council endorsed an offer to settle the appeals of both development applications, with key changes to height, built form, public realm, and site circulation. City Council also directed staff to request the Ontario Land Tribunal to withhold its Final Order on the appeals until such time as Council has made a decision on the Rental Housing Demolition application.

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 replacement of the existing rental housing units and provision of a Tenant Relocation and Assistance Plan.