Item - 2023.TE6.22

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 88 Isabella Street 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. City Council approve the Rental Housing Demolition Application File 22 138559 STE 13 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 82 existing rental dwelling units located at 88 Isabella Street, subject to the following conditions:

a. the owner shall provide and maintain 82 replacement rental dwelling units on the subject site for a period of at least 20 years beginning from the date that each replacement rental dwelling 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 replacement rental dwelling units shall collectively have a total gross floor area of at least 4,139 square metres and be comprised of 16 studio units, 65 one-bedroom units, and 1 two-bedroom unit as generally illustrated in the plans submitted to the City Planning Division dated May 3, 2023. Any revisions to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. the owner shall replace the 82 existing rental units occupied by Eligible Tenants, as of the date of this report, with 82 replacement rental dwelling units having at least the same average unit size by unit type as the demolished rental dwelling units;

c. the owner shall, as part of the 82 replacement rental dwelling units required in Recommendation 3.a. above, provide at least five (5) studio 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 and 11 studio units, 65 one-bedroom units and 1 two-bedroom unit at mid-range rents, defined as gross monthly rent that exceeds Affordable Rent but is no greater than 1.5 times 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;

d. the owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the 82 existing rental units proposed to be demolished at 88 Isabella Street, addressing the right to return to occupy one of the replacement rental dwelling units at similar rents 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;

e. the owner shall provide tenants of all 82 replacement rental dwelling units with access to, and use of all indoor and outdoor amenities in the proposed development, at no extra charge, with the same access and on the same terms and conditions as any other resident of the proposed development, without the need to pre-book or pay a fee unless specifically required as a customary practice for private bookings;

f. the owner shall provide ensuite laundry in each replacement rental dwelling unit at no additional cost to tenants;

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

h. the owner shall provide and make available the same number of vehicle parking spaces to tenants of the replacement rental dwelling units as were previously leased by eligible tenants in the existing building; such parking spaces shall be made available firstly to returning tenants who previously rented a vehicle parking space, and at similar monthly parking charges that such tenants previously paid; and the remaining vehicle parking spaces shall be made available to tenants of the replacement rental units on the same terms and conditions as any other resident of the development;

i. the owner shall provide tenants of all replacement rental dwelling units with access to bicycle and visitor parking on the same terms and conditions as any other resident of the proposed development unless otherwise required by the Tenant Relocation and Assistance Plan;

j. the owner shall provide and make available the same number of storage lockers to tenants of the replacement rental dwelling units as were previously leased by eligible tenants in the existing building; such storage lockers shall be made available firstly to returning tenants who previously rented a storage locker, and at similar monthly charges that such tenants previously paid; the remaining storage lockers shall be made available to tenants of the replacement rental units on the same terms and conditions as any other resident of the development;

k. the replacement rental dwelling units required in Recommendation 3.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 dwelling 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

l. the owner shall enter into, and register on title to the lands at 88 Isabella Street, one or more agreement(s), to secure the conditions outlined in Recommendations 3.a. through 3.k. 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.

4. 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 for the demolition of the 82 existing rental dwelling units located at 88 Isabella Street after all the following have occurred:

a. all conditions in Recommendation 3 above have been fully satisfied or secured;

b. the Zoning By-law Amendment has 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, or as otherwise authorized by the Chief Planner and Executive Director, City Planning;

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

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

5. 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 4 above.

6. 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 88 Isabella Street after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Recommendation 4 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 on the site 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 to the discretion of the Chief Planner and Executive Director, City Planning; and

d. should the owner fail to complete the proposed building within the time specified in Recommendation 6.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.

7. 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.

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

a. submit to the Chief Engineer and Executive Director, Engineering and Construction Services for review and acceptance, a Functional Servicing Report to determine the storm water runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development; and

b. make satisfactory arrangements with Engineering and Construction Services and enter into the appropriate agreement with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the accepted Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services.

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 14-storey residential rental apartment building containing 82 rental units at 88 Isabella Street. The proposed redevelopment of the site includes a 209-metre (62-storey including the mechanical penthouse) residential building, containing 720 dwelling units (including 82 replacement rental dwelling units).

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