Item - 2024.TE14.10

The Toronto and East York Community Council recommends that:

1. City Council amend Zoning By-law 569-2013 for the lands at 135 Isabella Street substantially in accordance with the draft Zoning By-law Amendment included as Revised Attachment 5 to the report (May 24, 2024) from the 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. Prior to introducing the necessary Bills to City Council for enactment, City Council require the owner to:

a. submit to the Chief Engineer and Executive Director, Engineering and Construction Services for review and acceptance, a Functional Servicing Report to determine the stormwater runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development; and

b. make satisfactory arrangements with Engineering and Construction Services and enter into the appropriate agreement with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are require to the infrastructure to support this development, according to the accepted 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 23 158819 STE 13 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 80 existing rental dwelling units located at 135 Isabella Street subject to the following conditions:

a. the owner shall provide and maintain 80 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 80 replacement rental dwelling units shall be comprised of 2 studio units, 38 one-bedroom units and 40 two-bedroom units, as generally illustrated in the plans submitted to the City Planning Division dated February 14, 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 80 replacement rental dwelling units, provide at least 1 one-bedroom and 25 two-bedroom units at affordable rent, 2 studio and 19 one-bedroom units at mid-range (affordable) rents and 16 one-bedroom and 13 two-bedroom units 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 the replacement rental units; the rents of the remaining 4 replacement rental dwelling units shall be unrestricted; and rents shall not include additional charges for laundry or air conditioning;

c. the owner shall provide an acceptable Tenant Relocation and Assistance Plan for all Eligible Tenants 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 mitigate 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 80 replacement rental dwelling units with access to, and use of, all indoor and outdoor amenities at no additional charge; access to, and use of, these amenities shall be on the same terms and conditions as any other resident of the building 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 in each replacement rental dwelling unit within the proposed residential building;

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

h. the owner shall provide tenants of the 80 replacement rental dwelling units with access to storage lockers and bicycle and visitor parking on the same terms and conditions as any other resident of the proposed residential building;

i. the owner shall provide and make available for rent at least 23 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; and 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;

j. the 80 replacement rental units 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 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 at 135 Isabella Street, an Agreement pursuant to Section 111 of the City of Toronto Act, 2006, to secure the conditions outlined above, 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 for the demolition of the 80 existing rental dwelling units located at 135 Isabella Street 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 has 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 or their designate, pursuant to Section 114 of the City of Toronto Act, 2006, or as otherwise authorized 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.

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 135 Isabella Street 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 the proposed building on the site no later than 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 Chief Planner and Executive Director, City Planning; and

c. should the owner fail to complete the proposed building within the time specified in Recommendation 7.b. 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 to implement City Council's decision, including execution of the Section 111 Agreement and other related agreements.

9. City Council request the General Manager, Transportation Services to review and report back on the feasibility of amending Schedule B of the City of Toronto Municipal Code Chapter 925, Permit Parking, to exclude the development located at 135 Isabella Street from Permit Parking.

The Toronto and East York Community Council held a statutory public meeting on June 11, 2024 and notice was given in accordance with the Planning Act and City of Toronto Act, 2006.

This report reviews and recommends approval of the application to amend the Zoning By-law to permit a 69-storey (219 metres excluding the mechanical penthouse) residential building at 135 Isabella Street. The proposal is comprised of 814 dwelling units, including 80 rental replacement dwelling units.

This report also reviews and recommends approval of the Rental Housing Demolition application to demolish 80 rental units. The proposal includes 80 rental replacement units and a Tenant Relocation and Assistance Plan that addresses the right of existing tenants to return to replacement rental units at similar rents and financial compensation to mitigate hardship.