Item - 2024.NY19.7

North York Community Council recommends that:

1. City Council approve the Rental Housing Demolition Application File Number 21 235748 NNY 08 RH in accordance with Chapter 667 of the Toronto Municipal Code and pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of 53 existing rental dwelling units located at 131 Lyon Court and 836, 838 Roselawn Avenue, subject to the following conditions:

a. The owner shall provide and maintain 53 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 3,387.10 square metres and be comprised of 8 studio units, 14 one-bedroom units, 30 two-bedroom units, and 1 three-bedroom unit, as generally illustrated in the plans submitted to City Planning dated July 12, 2024. 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 53 replacement rental dwelling units required in Recommendation 1.a above, provide at least 7 studio, 13 one-bedroom, and 26 two-bedroom units at affordable rents and 1 studio, 1 one-bedroom, 4 two-bedroom, and 1 three-bedroom unit at mid-range (moderate) rents as currently defined in the City's Official Plan, 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 53 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, 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 tenant relocation and assistance to all Post Application Tenants, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

e. The owner shall provide tenants of all 53 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 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 and central air conditioning in each replacement rental dwelling unit at no extra charge;

g. The owner shall provide all 53 replacement rental dwelling units with balconies or terraces for private and exclusive access by the tenants of such units;

h. The owner shall provide and make available for rent at least 29 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;

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;

j. The owner shall provide and make available for rent a minimum of 23 storage lockers to tenants of the replacement rental dwelling units. The terms and conditions for renting storage lockers to tenants of the replacement rental dwelling units shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

k. 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 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 131 Lyon Court and 836, 838 Roselawn 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.k. 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, or their designate, to issue Preliminary Approval of the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code for the demolition of the 53 existing rental dwelling units located at 131 Lyon Court and 836, 838 Roselawn Avenue after all the following have occurred:

a. All conditions in Recommendation 1 above have been fully satisfied and 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 Executive Director, Development Review 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;

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 to issue a Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning, or their designate, 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 131 Lyon Court and 836, 838 Roselawn Avenue after the Chief Planner and Executive Director, City Planning, or their designate, 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 residential building containing the replacement rental dwelling units on the site no later than three (3) years from the date that the demolition of the existing buildings commenced, 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 33-storey building within the time specified in Recommendation 4 (c) above, the City Clerk shall be entitled to enter on the collector’s roll, to be collected in a like manner as municipal 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 each sum 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.

The North York Community Council held a statutory public meeting on December 3, 2024, and notice was given in accordance with the Planning Act.

This report recommends approval of the Rental Housing Demolition Application to demolish 53 rental units located at 131 Lyon Court and 836, 838 Roselawn Avenue.

The 53 rental units are proposed to be replaced as part of the new development on the site. The proposal includes a Tenant Relocation and Assistance Plan that addresses the right to return to a replacement rental unit of the same type at similar rent, and provides other assistance to mitigate hardship.

The properties are also the subject of a Zoning By-law Amendment application (21 235591 NNY 08 OZ), which was appealed to the Ontario Land Tribunal. City Council endorsed a settlement offer and directed staff to bring forward a Decision Report on the Rental Housing Demolition application. The Ontario Land Tribunal approved the settlement in principle, subject to conditions, on April 10, 2024.

This report also recommends approval of the Residential Demolition Permit under Chapter 363 of the Toronto Municipal Code, subject to conditions.