Item - 2023.TE6.16

The Toronto and East York Community Council recommends that:

1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 170 Roehampton Avenue substantially in accordance with the draft Zoning By-law Amendment included as Attachment 5 to the report (June 6, 2023) from the Acting Director, Community Planning, Toronto and East York District.

2. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment, as may be required.

3. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to:

a. submit a Functional Servicing and Stormwater Management Report, Servicing Report Groundwater Summary, and Hydrogeological Report for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

b. enter into a Municipal Infrastructure Agreement, to financially secure the construction of any improvements to the municipal infrastructure, should it be determined that upgrades and road improvements are required to support the development according to the Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; and

c. register on title, a Limiting Distance Agreement, or similar legal instrument, over 168-170 Redpath Avenue, including the City as a party, that ensures that the tower portion of the proposed residential building at 170 Roehampton Avenue can achieve an appropriate tower setback and separation distance to the north, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

4. City Council approve the Rental Housing Demolition Application File 22 166423 STE 12 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 15 existing rental dwelling units at 170 Roehampton Avenue, subject to the following conditions:

a. the owner shall provide and maintain 15 replacement rental dwelling units on the subject site for a period of at least 20 years beginning from the date that each replacement rental unit is first occupied; during this period, no application may be submitted to the City for condominium registration, conversion to a non-residential rental purpose, or demolition without replacement of the rental units; and the 15 replacement rental dwelling units shall collectively contain a total gross floor area of at least 1,115 square metres and be comprised of 1 studio unit, 4 one-bedroom units, 6 two-bedroom units and 4 three-bedroom units, as generally illustrated in the plans submitted to the City Planning Division dated May 1, 2023, with any revision to these plans being to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. as part of the 15 replacement rental dwelling units required in Recommendation 4.a above, the owner shall provide and maintain at least 2 one-bedroom units at affordable rents, as currently defined in the Official Plan, 3 two-bedroom units at mid-range (affordable) rents, as currently defined in the Official Plan, and 1 studio unit, 2 one-bedroom units, 3 two-bedroom units, and 3 three-bedroom units at mid-range (moderate) rents, as currently defined in the Official Plan, for a period of at least 10 years beginning from the date of first occupancy of each unit; the 1 remaining three-bedroom unit shall have unrestricted rent, except where an Eligible Tenant has the right to return at similar rent in accordance with the Tenant Relocation and Assistance Plan required in Recommendation 4.c. below;

c. the owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the 15 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;

d. the owner shall provide tenants of all 15 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 separate entrances or 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 no additional cost to tenants;

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

g. the owner shall provide and make available for rent a minimum of 2 vehicular parking spaces at no charge to returning tenants of the replacement rental units whose lease agreements for their existing rental units included access to vehicular parking until the termination of their tenancies in the replacement rental units;

h. the owner shall provide tenants of the 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 development;

i. the 15 replacement rental units required in Recommendation 4.a. above shall be made ready and available for occupancy no later than the date by which 70 percent of the new dwelling units in the proposed development, exclusive of the replacement rental units, are made available and ready for occupancy, subject to any revisions to the satisfaction of the Chief Planner and Executive Director, City Planning; and

j. the owner shall enter into, and register on title to the lands, an agreement pursuant to Section 111 of the City of Toronto Act, 2006, to secure the conditions outlined in Recommendations 4.a. through 4.i. above, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

5. 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 15 rental dwelling units at 170 Roehampton Avenue after all the following have occurred:

a. all conditions in Recommendation 4 above have been fully satisfied and secured;

b. the Zoning By-law Amendment 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 on the site; and

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

6. City Council authorize the Chief Building Official and Executive Director, Toronto Building 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 the Preliminary Approval referred to in Recommendation 5 above.

7. 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 and Chapter 363 of the Toronto Municipal Code for 170 Roehampton Avenue after the Chief Planner and Executive Director, City Planning has given the Preliminary Approval referred to in Recommendation 5 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;

c. the owner erects the proposed building no later than four (4) years from the date on which the demolition of the existing rental dwelling units commences, subject to the timeframe being extended at the discretion of the Chief Planner and Executive Director, City Planning; and

d. should the owner fail to complete the proposed building containing the 15 replacement rental dwelling units within the time specified in Recommendation 7.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.

8. 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 22, 2023 and notice was given in accordance with the Planning Act.

This report reviews and recommends approval of the applications to amend the Zoning By-law and permit the demolition of an existing 7-storey co-ownership building containing 53 residential units, including 15 rental dwelling units at 170 Roehampton Avenue. The proposed redevelopment of the site includes a 157.0-metre (49 storeys, plus mechanical penthouse) building, containing 597 dwelling units (including 15 replacement rental dwelling units), totaling 39,000 square metres of gross floor area.

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