Item - 2023.TE7.10

The Toronto and East York Community Council recommends that:

1. City Council amend the Official Plan for the lands at 264 Kenilworth Avenue and 50 Norway Avenue substantially in accordance with the draft Official Plan Amendment included as Attachment 5 to the report (August 30, 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 Official Plan Amendment as may be required.

3. City Council approve the Rental Housing Conversion Application (23 150063 STE 19 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to sever the residential rental property containing forty-four (44) rental dwelling units at 264 Kenilworth Avenue and 50 Norway Avenue into two separate properties, with 264 Kenilworth Avenue containing fewer than six (6) rental dwelling units, subject to the following conditions:

a.  the owner shall apply for, and obtain approval of, a Consent from the Committee of Adjustment or the Toronto Local Appeal Body, if applicable, to permit the severance of the lands at 264 Kenilworth Avenue and 50 Norway Avenue into two separate properties for the purposes of conveying 264 Kenilworth Avenue to a qualified non-profit housing provider as part of the Tenants First Initiative;

b. the owner of the lands at 264 Kenilworth shall continue to provide and maintain one (1) three-bedroom rental unit, as a social housing unit for a period of at least 99 years from the date of issuance of the Certificate of Official permitting the severance of the lands at 264 Kenilworth Avenue and 50 Norway Avenue, subject to a social housing program described in Section 453.1 of the City of Toronto Act, 2006 ("social housing"); during such 99-year period, no social housing 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 or convert any social housing unit to a non-residential rental purpose without replacement of same;

c. the owner of the lands at 264 Kenilworth Avenue shall continue to provide the one (1) social housing unit required in Recommendation 3.b. above at rents-geared-to-income for a period of at least 25 years from the date of issuance of the Certificate of Official permitting the severance of the lands at 264 Kenilworth Avenue and 50 Norway Avenue, subject to the continued provision of funding from federal, provincial and/or municipal government programs; and       

d. the owner shall enter into, and register on title to the lands at 264 Kenilworth Avenue and 50 Norway Avenue, an Agreement pursuant to Section 111 and 453.1 of the City of Toronto Act, 2006, to secure the conditions outlined in Recommendations 3.b. and 3.c. above, 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 application under Chapter 667 of the Toronto Municipal Code for the severance of the residential rental property at 264 Kenilworth Avenue and 50 Norway Avenue after all of the following have occurred:

a. the conditions in Recommendation 3 above have been fully satisfied and secured;

b. the severance is final and binding; and

c. the execution and registration on title of Agreements pursuant to Sections 111 and 453.1 of the City of Toronto Act, 2006, for 264 Kenilworth Avenue respectively, securing the conditions in Recommendation 3 above.

The Toronto and East York Community Council held a statutory public meeting on September 19, 2023 and notice was given in accordance with the Planning Act.

The Toronto Community Housing Corporation (TCHC) is applying to amend the Official Plan and seek approval under Chapter 667 of the Toronto Municipal Code to facilitate the severance of the parcels at 264 Kenilworth Avenue and 50 Norway Avenue to allow for the transfer of ownership of 264 Kenilworth Avenue from TCHC to Circle Community LandTrust (“CCL”), a non-profit housing operator. TCHC will retain ownership of 50 Norway Avenue. The applications are in support of the Tenants First initiative.

This proposal does not make any physical changes to the site and all 44 rental housing units will remain intact in their existing buildings, with no impacts to existing tenants and rents. The City of Toronto and CCL have already entered into a Social Housing Agreement, which will be registered on 264 Kenilworth Avenue upon transfer of title. This agreement will ensure that the rental unit at 264 Kenilworth Avenue will continue to be provided and maintained by future owners as social housing with rents-geared-to-income. There will be no changes to the existing tenancies, and tenants will continue to reserve their existing rights under the Residential Tenancies Act, 2006

The proposal is consistent with the Provincial Policy Statement and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe. This report reviews and recommends approval of the application to amend the Official Plan and the Rental Housing Conversion application under Chapter 667 of the Toronto Municipal Code in order to implement the City's Tenants First Initiative.