Item - 2023.TE7.5

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 77 Roehampton Avenue substantially in accordance with the draft Zoning By-law 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 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 for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

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.

4.  City Council approve the Rental Housing Demolition Application File 22 139087 STE 12 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 eighty-one (81) existing rental dwelling units at 77 Roehampton Avenue, subject to the following conditions:

a. the owner shall provide and maintain eighty-one (81) replacement rental dwelling units at 136 Broadway Avenue 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 eighty-one (81) replacement rental dwelling units shall collectively have a total gross floor area of at least 4,996.8 square metres and shall be comprised of forty-nine (49) one-bedroom units, fifteen (15) two-bedroom units and seventeen (17) three-bedroom units, as generally illustrated in the plans submitted to the City Planning Division dated July 31, 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 eighty-one (81) replacement rental dwelling units required in Recommendation 4.a. above, provide and maintain at least fourteen (14) one-bedroom, eight (8) two-bedroom and five (5) three-bedroom replacement rental dwelling units at 80 percent of affordable rents, defined as gross monthly rent no greater than eighty percent (80%) of the average City of Toronto rent by unit type, as reported annually by the Canada Mortgage and Housing Corporation, at least fourteen (14) one-bedroom, five (5) two-bedroom and eleven (11) three-bedroom replacement rental dwelling units at affordable rents, defined as gross monthly rent no greater than one-hundred percent (100%) of the average City of Toronto rent by unit type, as reported annually by the Canada Mortgage and Housing Corporation, and twenty-one (21) one-bedroom, two (2) two-bedroom and one (1) three-bedroom replacement rental dwelling units at mid-range rents, defined as gross monthly rent that exceeds Affordable Rent but is no greater than one-hundred and fifty percent (150%) of 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;

c. the owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the eighty-one (81) existing rental dwelling units proposed to be demolished at 77 Roehampton Avenue, addressing the right to return to occupy one of the off-site replacement rental dwelling units at 136 Broadway Avenue at similar rents, the provision of rent gap assistance and other assistance to lessen 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 eighty-one (81) replacement rental dwelling units with access to, and use of, all indoor and outdoor amenities in the proposed building at 136 Broadway Avenue at no extra charge, and on the same terms and conditions as any other resident of the proposed residential tower at 136 Broadway Avenue, 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 136 Broadway Avenue at no extra charge;

f. the owner shall provide central air conditioning in each replacement rental dwelling unit within the proposed development at 136 Broadway Avenue at no extra charge;

g. the owner shall provide tenants of the eighty-one (81) 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 proposed residential tower at 136 Broadway Avenue;

h. the owner shall provide and make available for rent at least thirty-seven (37) resident vehicle parking spaces within the proposed development at 136 Broadway Avenue to tenants of the replacement rental dwelling units; such parking spaces shall be made available firstly to returning tenants who previously rented a resident vehicle parking space, and at similar monthly parking charges that such tenants previously paid; and the remaining resident vehicle parking spaces shall be made available to tenants of the replacement rental units to the satisfaction of the Chief Planner and Executive Director, City Planning;

i. the owner shall provide and make available for rent a minimum of thirty (30) storage lockers within the proposed development at 136 Broadway Avenue to tenants of the replacement rental dwelling units on the same terms and conditions as any other resident of the proposed residential tower at 136 Broadway Avenue;

j. the eighty-one (81) replacement rental dwelling units required in Recommendation 4.a. 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 at 77 Roehampton Avenue, are made available and ready for occupancy;

k. the owner shall request issuance of above-grade building permits for the new residential tower at 136 Broadway Avenue prior to or concurrent with the issuance of above-grade building permits for the new building at 77 Roehampton Avenue; and

l. the owner shall enter into, and register on title to the lands at 77 Roehampton Avenue and at 136 Broadway Avenue, agreements to secure the off-site replacement rental dwelling units and conditions outlined in Recommendations 4.a through 4.k above, including Agreements 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.

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 the eighty-one (81) existing rental dwelling units at 77 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(s) have come into full force and effect;

c. the issuance of the Notice of Approval Conditions for site plan approval for the development at 136 Broadway Avenue 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 the Notice of Approval Conditions for site plan approval for the development at 77 Roehampton Avenue 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;

f. the issuance of excavation and shoring permits (conditional or full permits) for the approved development on the 136 Broadway Avenue site; and

 
g. the owner has confirmed, in writing, that all existing rental 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 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 77 Roehampton Avenue after the Chief Planner and Executive Director, City Planning has given 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 on the site no later than four (4) years from the date that 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 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, including execution of the Section 111 Agreements and any other related agreements. 

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.

This report reviews and recommends approval of the Zoning By-law Amendment application and the Rental Housing Demolition application to permit the demolition of an existing 11-storey apartment building containing 81 rental units and construction of a 159.0-metre (50 storeys, plus mechanical penthouse) mixed-use building, containing 624 dwelling units at 77 Roehampton Avenue.

The existing 81 rental dwelling units will be replaced off-site at 136 Broadway Avenue. The proposal also includes a Tenant Relocation and Assistance Plan that addresses the right for existing tenants to return to the off-site replacement rental dwelling units at similar rents and financial compensation to lessen hardship.