Item - 2024.SC15.1

The Scarborough Community Council recommends that:

1. City Council approve the Rental Housing Demolition application (20 209873 ESC 20 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 eight (8) rental dwelling units at 3291 Kingston Road, subject to the following conditions:

a. The owner shall provide and maintain eight (8) replacement rental dwelling units on the subject site 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 applications 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 eight (8) replacement rental dwelling units shall collectively have a total gross floor area of at least 659 square metres and be comprised of one (1) one-bedroom, three (3) two-bedroom, and four (4) three-bedroom units, as generally illustrated in the plans submitted to the City Planning Division dated November 15, 2023. Any revision to these plans shall be to the satisfaction of the Interim Chief Planner and Executive director, City Planning Division;

b. The owner shall, as part of the eight (8) replacement rental dwelling units required in Recommendation 1.a. above provide at least one (1) one-bedroom, three (3) two-bedroom, and four (4) three-bedroom 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 all for a period of at least ten (10) years beginning from the date of first occupancy of each unit. Rents shall not include additional charges for ensuite laundry or central air conditioning;

c. The owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the existing rental dwelling units proposed to be demolished at 3291 Kingston Road, addressing the right to return to occupy one of the replacement rental dwelling units at similar rents, and other assistance to lessen hardship. The Tenant Relocation and Assistance Plan shall be developed in consultation with, and to the satisfaction of, the Interim Chief Planner and Executive Director, City Planning Division;

d. The owner shall provide tenants of all eight (8) 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;

e. The owner shall provide ensuite laundry in each replacement rental dwelling unit within the proposed development;

f. The owner shall provide at least one (1) one-bedroom replacement rental dwelling unit and four (4) three-bedroom replacement rental dwelling unit with balconies and three (3) two-bedroom rental replacement units with Juliet balconies for private and exclusive access by the tenants of such units;

g. The owner shall provide central air conditioning in each replacement rental dwelling unit within the proposed development;

h. The owner shall provide and make available at least eight (8) 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 Interim Chief Planner and Executive Director, City Planning Division;

i. The owner shall provide tenants of the replacement rental dwelling units with access to bicycle and visitor vehicular parking on the same terms and conditions as any other resident of the proposed development;

j. The eight (8) 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 seventy percent (70%) of the new dwelling units in the proposed development, exclusive of the replacement rental dwelling units, are made available and ready for occupancy; and

k. The owner shall enter into and register on title to the lands at 3291 Kinston Road, 2 and 4 Windy Ridge Drive 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 Interim Chief Planner and Executive Director, City Planning Division.

2. City Council authorize the Interim 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 eight (8) rental dwelling units at 3291 Kingston Road after all the following have occurred:
 

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

 
b. The Official Plan Amendment has come into full force and effect;

c. the Zoning By-law Amendment has come into full force and effect;

d. the issuance of the Notice of Approval Conditions for site plan approval by the Interim 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; and

 
f. 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 Interim 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 3291 Kingston Road and  2 and 4 Windy Ridge Drive after the Interim 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 Division;

 
c. the owner erects the proposed building 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 Interim Chief Planner and Executive Director, City Planning Division; and

 
d. should the owner fail to complete the proposed development containing eight (8) replacement rental dwelling units 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 other related agreements.

The Scarborough Community Council commenced a public meeting on May 6, 2024 that continued on June 12, and July 12 2024, and notice was given in accordance with the City of Toronto Act.

This report recommends approval of the Rental Housing Demolition application to demolish a two-and-a-half storey rental apartment building comprised of eight rental dwelling units at 3291 Kingston Road. The units will be replaced with eight new rental dwelling units as part of the approved redevelopment of the site consisting of a 12-storey residential building with 357 dwelling units in addition to the replacement units.

Two of the eight rental units at 3291 Kingston Road were previously demolished without permits and are recommended to be included in the Rental Housing Demolition permit and replaced as part of the application. The proposal also includes the provision of a Tenant Relocation and Assistance Plan for all eligible tenants of the existing rental dwelling units, including the right to return to a replacement rental dwelling unit. The proposal also includes the demolition of two owner-occupied, single-detached houses at 2 and 4 Windy Ridge Drive.

The properties are also the subject of an Official Plan Amendment and Zoning By-law Amendment application (20 209863 ESC 20 OZ) which was appealed by the owner to the Ontario Land Tribunal (OLT) in August 2022 due to a lack of decision from  City Council. The Ontario Land Tribunal issued a written decision on November 10, 2023, approving the proposed Official Plan amendment and Zoning By-law Amendment in principle, with the final order being withheld until all outstanding matters, including the necessary agreements with the City, are secured, including considerations related to rental housing matters.

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