Item - 2023.TE6.18

The Toronto and East York Community Council recommends that:

1. City Council approve the Rental Housing Demolition Application File 22 211116 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 eight (8) existing rental dwelling units at 1404 and 1408 Yonge Street, subject to the following conditions:
 

a. the owner shall provide and maintain eight (8) 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 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 eight (8) replacement rental dwelling units shall collectively contain a total gross floor area of at least 303.2 square metres and shall be comprised of four (4) studio units and four (4) one-bedroom units, as generally illustrated in the plans submitted to the City Planning Division dated May 8, 2023; and any revision to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. the owner shall, as part of the eight (8) replacement rental dwelling units required in Recommendation 1.a. above, provide and maintain at least four (4) studio and four (4) one-bedroom replacement rental dwelling units at affordable rents, defined as gross monthly rent no greater than one times the average City of Toronto rent by unit type, as reported annually by the Canada Mortgage and Housing Corporation, 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 of the eight (8) 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 and other assistance, including rent gap payments, 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 eight (8) 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;

 
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;

g. the owner shall provide tenants of the eight (8) replacement rental dwelling units with access to all bicycle and visitor vehicular parking at no charge and on the same terms and conditions as any other resident of the proposed development;

h. the eight (8) replacement rental dwelling units 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 dwelling units, are made available and ready for occupancy; and

i. the owner shall enter into, and register on title to the lands at 1406-1428 Yonge Street, one or more agreement(s) to secure the conditions outlined in Recommendations 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 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 eight (8) existing rental dwelling units at 1404 and 1408 Yonge Street after all the following have occurred:
 

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

 
b. the Official Plan Amendment and Zoning By-law Amendment(s) have come into full force and effect;

c. the conveyance of 1404 Yonge Street to the City is secured;

d. 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;

 
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 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 to issue a Residential Demolition Permit under Section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 1404-1428 Yonge Street 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;

 
c. the owner erects the proposed mixed-use 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 to the discretion of the Chief Planner and Executive Director, City Planning; and

 
d. should the owner fail to complete the proposed mixed-use building containing the eight (8) replacement rental dwelling units 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 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 application proposes to demolish two 3-storey apartment buildings containing a total of 8 rental dwelling units, comprised of 4 rental units in each building at 1404 and 1408 Yonge Street. The 8 rental dwelling units are proposed to be replaced in the new 50-storey mixed-use building comprised of 542 dwelling units.

The property at 1408 Yonge Street is also the subject of an Official Plan and Zoning By-law Amendment application (1406-1428 Yonge Street; 21 185451 STE 12 OZ), which was approved by City Council at its meeting on July 19-22, 2022. Following Council's decision, the property at 1404 Yonge Street was added to the proposal to provide additional open space adjacent to the development. As 1404 Yonge Street contains 4 rental units, the addition of this building, along with the 4 units at 1408 Yonge Street, triggered the requirement for a 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.