Item - 2024.NY18.6

That City Council adopt the following recommendations in the report (October 9, 2024) from the Director, Community Planning, North York District, amended to read as follows:

1. City Council approve the Rental Housing Demolition application File No. 21 226756 NNY 18 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 60 existing rental dwelling units located at 150-160 Cactus Avenue, subject to the following conditions:

a. the owner shall provide and maintain 60 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  7,009 square metres and be comprised of least 32 two-bedroom townhouse units, 24 three-bedroom townhouse units, and 4 four-bedroom townhouse units, as generally illustrated in the plans submitted to the City Planning Division dated October 3, 2024. Any revision to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning Division;

b. the owner shall, as part of the 60 replacement rental dwelling units required in Recommendation 1.a above, provide at least 23 two-bedroom townhouse units and 3 three-bedroom townhouse 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 8 two-bedroom townhouse units, 20 three-bedroom townhouse units and 4 four-bedroom townhouse units 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, all for a period of at least 10 years beginning from the date of first occupancy of each unit. The rents of the remaining 2 replacement rental dwelling units shall be unrestricted;

c. the owner shall provide an acceptable Tenant Relocation and Assistance Plan for all Eligible Tenants of the 60 existing rental dwelling units proposed to be demolished at 150-160 Cactus Avenue, addressing the right to return to occupy one of the replacement rental dwelling units 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 Division;

d. the owner shall provide tenants of all 60 replacement rental dwelling units with access to, and use of, all indoor and outdoor amenities in the proposed development at no extra charge. Access to, and use of, these amenities shall be 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;

e. the owner shall provide ensuite laundry and central air conditioning in each replacement rental dwelling unit at no extra charge;

f. the owner shall provide and make available for rent at least 60 vehicle parking spaces to tenants of the replacement rental dwelling units. 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. The remaining 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 Division;

g. 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;

h. the owner shall provide and make available for rent at least 55 storage lockers to tenants of the replacement rental dwelling units. Each returning tenant will be provided with one storage locker at no cost. The remaining storage lockers shall be made available to the satisfaction of the Chief Planner and Executive Director, City Planning Division;

i. at least 4 of the 60 rental replacement units shall be barrier free;

j. The replacement rental dwelling units required in recommendation 1.a. above shall be made ready and available for occupancy no later than the date by which 70% 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

k. the owner shall enter into and register on title to the lands at 150-160 Cactus Avenue, an agreement pursuant to Section 111 of the City of Toronto Act, 2006 to secure the conditions outlined in Recommendations 1.a. through 1.j. above all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning Division.

k. An additional $500 will be offered to eligible tenants occupying a four-bedroom unit to help cover move-out costs. An additional $500 will be offered to eligible tenants that currently occupy a four-bedroom unit that elect to move back into a newly constructed rental replacement four-bedroom unit;

l. Additional compensation for parking during the displacement period of $85 per month (per unit), as a lump sum payment upon providing vacant possession. In the event that a tenant currently rents two parking spaces an additional $40 per month (per unit) will be provided. Tenants will need to demonstrate that the cost of parking is not included in their rent at their temporary rental unit (during the displacement period);

m. At least 20 percent of the rental replacement ground floor units, including the 4 barrier free units, will be made available for returning tenants households with mobility concerns. These units will be allocated to mobility challenged tenant households based on the tenant seniority list;  

n. A total of 60 parking spaces will be reserved for eligible tenants that elect to return to the newly constructed rental replacement units. Each returning eligible tenant household will have access to at least one parking space. Any additional available parking will be allocated based on the tenant seniority list;

0. Prior to issuing notice to vacate for the existing rental units, City Council require the owner to develop a Construction Mitigation and Tenant Communication Plan, including quarterly updates, in-person meetings and coordination with the local councillor's office, all to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the local Councillor;

p. A rental leasing agent will be available for all tenants, as opposed to upon request;

q. Returning eligible tenants will receive an $85 rent discount for the loss of each parking space included within their overall rent. Tenant renting parking spots separate from their lease will not be compensated for the loss parking; and

r. The owner shall enter into and register on title to the lands at 150-160 Cactus Avenue, an agreement pursuant to Section 111 of the City of Toronto Act, 2006 to secure the conditions outlined in Recommendations 1.a. through 1.rq. above 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 Division, 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 60 existing rental dwelling units located at 150-160 Cactus Avenue after all the following have occurred:

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

b. the Official Plan and Zoning By-law Amendments) 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 Division or their designate, pursuant to Section 114 of the City of Toronto Act, 2006 or as otherwise determined by the Chief Planner and Executive Director, City Planning Division;

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.

3. City Council authorize the Chief Building Official and Executive Director, Toronto Building Division to issue a Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning Division has given Preliminary Approval referred to in Recommendation 2 above.

4. City Council authorize the Chief Building Official and Executive Director, Toronto Building Division to issue a Residential Demolition Permit under Section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 150-160 Cactus Avenue after the Chief Planner and Executive Director, City Planning Division 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 rental replacement buildings on the site no later than 27 months 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 Division; and

d. should the owner fail to complete the proposed rental replacement buildings 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 any other related agreements.

That the item be forwarded to City Council without recommendation.