Item - 2023.SC2.1

The Scarborough City 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 33 existing rental dwelling units located at 1625, 1633 and 1641 Kingston Road and 52 Birchcliff Avenue subject to the following conditions:

a. The owner shall provide and maintain 33 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 dwelling 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 dwelling unit or convert any replacement rental unit to a non-residential rental purpose. The replacement rental dwelling units shall be comprised of fourteen (14) one-bedroom units, eighteen (18) two-bedroom units, and one (1) three-bedroom unit, as generally illustrated in the plans submitted to the City Planning Division September 23, 2022 and 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 32 replacement rental units comprised of fourteen (14) one-bedroom units and eighteen (18) two-bedroom units, at affordable rents, as currently defined in the Toronto Official Plan, and one (1) three-bedroom replacement rental unit at mid-range rent, 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 all Eligible Tenants, addressing the right to return to occupy one of the replacement rental dwelling units, and other assistance, including a rent gap payment, 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;

d. The owner shall provide tenants of all replacement rental dwelling units with the following, at no additional cost:

1. access to, and use of, all indoor and outdoor amenities in the proposed rental replacement building;

2. ensuite laundry in each replacement rental dwelling unit; and

3. central air conditioning in each replacement rental dwelling unit;

e. The owner shall provide and make available for rent a minimum of thirteen (13) 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. The terms and conditions for renting parking spots to tenants of the replacement units shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

f. The owner shall provide tenants of the 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 development, and in accordance with the Zoning By-law;

g. The owner shall provide at least fourteen (14) storage lockers to tenants of the replacement rental dwelling units at the same ratio they are provided to all other new dwelling units in the proposed development. The terms and conditions for renting storage lockers to tenants of the replacement units shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

h. The rental dwelling units required in Recommendation 1.a and 1.b 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; and

i. The owner shall enter into, and register on title to the lands 1625, 1633 and 1641 Kingston Road and 52 Birchcliff Avenue, one or more agreement(s) to secure the conditions outlined in Recommendation 1.a. through 1.h. 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 for the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code for the demolition of all or any of the 33 existing rental dwelling units at 1625, 1633 and 1641 Kingston Road and 52 Birchcliff 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 (conditional or full permit) for the proposed building which includes the replacement rental units on the subject site; and

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

3. City Council authorize the Chief Building Official and Executive Director, Toronto Building 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 and Executive Director, Toronto Building 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 building containing the replacement rental dwelling units on the site no later than three (3) years from the day demolition of the existing buildings is commenced, subject to the timeframe being extended to the discretion of the Chief Planner and Executive Director, City Planning; 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 111 Agreement.

The Scarborough Community Council held a statutory public meeting on January 27, 2023 and notice was given in accordance with the Planning Act.

This Rental Housing Demolition application proposes the demolition of 33 rental dwelling units including 32 units at 1625, 1633 and 1641 Kingston Road and one unit at 52 Birchcliff Avenue. Associated Official Plan and Zoning By-law Amendment applications propose two new buildings comprising 278 new dwelling units, including replacement rental units for all 33 demolished rental units. The 33 replacement rental units are proposed to be located in a four-storey standalone building containing only the replacement units and associated indoor amenity space.

The proposal also includes a Tenant Relocation and Assistance Plan that addresses the right for existing tenants to return to a replacement rental unit at similar rent and financial compensation to mitigate hardship.

Associated Official Plan Amendment and Zoning By-law Amendment applications were appealed to the Ontario Land Tribunal (OLT). A settlement offer was endorsed by City Council on July 19, 2022. 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 have been satisfied, including the execution of any necessary agreements.

On October 31, 2022 the OLT held a settlement hearing and approved the Official Plan and Zoning By-law Amendment applications subject to a number of conditions as expressed through an interim oral decision.

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.