Item - 2023.NY9.12

North York Community Council recommends that:

1. City Council approve the Rental Housing Demolition Application File Number 23 124230 NNY 18 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 sixty-six (66) existing rental dwelling units at 2-12 Oakburn Crescent, subject to the following conditions:
 

a. The owner shall provide an acceptable Tenant Relocation and Assistance Plan for all Eligible Tenants who resided at 2-12 Oakburn Crescent on October 24, 2007, addressing the right to occupy one of the replacement rental dwelling units at 105 Harrison Garden Boulevard at the same rent and other assistance to lessen hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

b. The owner shall provide an acceptable Tenant Relocation and Assistance Plan to all tenants of who resided at 2-12 Oakburn Crescent on August 18, 2021, including the provision of rent gap assistance and other assistance to lessen hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

c. The owner shall provide tenant relocation and assistance to all Post Application Tenants who moved into 2-12 Oakburn Crescent after August 18, 2021, all to the satisfaction of the Chief Planner and Executive Director, City Planning Division; and

d. The owner shall enter and register on title to the lands at 2-12 Oakburn Crescent, an agreement pursuant to Section 111 of the City of Toronto Act, 2006 to secure the conditions outlined in Recommendations 1.a to 1.c 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 sixty-six (66) existing rental dwelling units located at 2-12 Oakburn Crescent after all the following have occurred:
 

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

b. The Official Plan Amendment(s) have come into full force and effect.

 
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 Division or their designate pursuant to Section 114 of the City of Toronto Act, 2006.

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

 
f. 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 2-12 Oakburn Crescent 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 agreement and any other related agreements.

This application proposes to demolish six low-rise rental apartment buildings with a total of 66 existing rental dwelling units at 2-12 Oakburn Crescent. These buildings are part of the comprehensive phased redevelopment of the lands at 1-12 Oakburn Crescent and 14-40 Oakburn Place, with the original Official Plan and Zoning By-law Amendment applications having been submitted in 2005. All 66 existing rental dwelling units proposed to be demolished have been replaced in a new rental apartment building located at 105 Harrison Garden Boulevard as part of an earlier phase of development.

Tenant assistance, including the right to move to a replacement rental unit, was previously secured through a Section 37 agreement for tenants residing in the 66 rental dwelling units in 2007. All but two of these tenants have since moved into the replacement rental units at 105 Harrison Garden Boulevard.

A new Official Plan and Zoning By-law Amendment application was filed on August 18, 2021, proposing to redevelop the lands with a new residential building consisting of two 18-storey (57.5 metre) towers connected by a six-storey base building. On January 13, 2022, the applicant appealed the applications to the Ontario Land Tribunal (the "OLT") due to Council’s failure to make a decision on the rezoning application within the prescribed timeframe (Case Number OLT-22-002139).

On March 15, 2023, City Council endorsed an offer to settle the appeal and directed staff request the Ontario Land Tribunal withhold its Final Order on the appeals until such time as Council has made a decision on the Rental Housing Demolition application (2023.CC5.32).

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 the provision of a Tenant Relocation and Assistance Plan for all tenants of the existing rental dwelling units, including the right to move to a replacement rental unit at 105 Harrison Garden Boulevard for the two tenants who were living on site prior to execution of the Section 37 agreement and financial compensation for all tenants living on site prior the submission of the new Official Plan and Zoning By-law Amendment application. This Tenant Relocation and Assistance Plan is an improvement over what was secured in the Section 37 agreement.