Item - 2024.TE14.7

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 55-75 Brownlow Avenue substantially in accordance with the draft Zoning By-law Amendment included as Attachment 6 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. City Council approve that in accordance with Section 42 of the Planning Act prior to the first above grade building permit, the owner shall convey to the City, an on-site parkland dedication, having a minimum size of 571 square metres, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

4. City Council approve the acceptance of on-site parkland dedication, subject to the owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition; the owner may propose the exception of encumbrances of tiebacks, where such an encumbrance is deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; and such an encumbrance will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management.

5. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

6. City Council approve the Rental Housing Demolition Application (File 22 214672 STE 12 RH) in accordance with Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, which allows for the demolition of 121 existing rental dwelling units at 55 Brownlow Avenue, subject to the following conditions:

a. the owner shall provide and maintain 121 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; during such 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; and the 121 replacement rental dwelling units shall be comprised of 15 studio units, 76 one-bedroom units and 30 two-bedroom units, and shall collectively have a gross floor area of at least 7,445.9 square metres as generally illustrated in the plans submitted to the City Planning Division dated May 13, 2024, with any revision to these plans being to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. the owner shall, as part of the 121 replacement rental dwelling units required in Recommendation 6.a. above, provide at least 1 two-bedroom unit at affordable rents, 6 studio units and 34 one-bedroom units at mid-range (affordable) rents, and 9 studio units, 42 one-bedroom units and 29 two-bedroom units at mid-range (moderate) rents, as currently defined in the Toronto Official Plan, all for a period of at least 10 years beginning from the date of first occupancy of each unit; and rents shall not include additional charges for laundry or air conditioning;

c. the owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants addressing the right 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 Chief Planner and Executive Director, City Planning;

d. the owner shall provide tenants of all 121 replacement rental dwelling units with access to indoor and outdoor amenity space for the exclusive use of the tenants of the rental replacement units and equal access to outdoor amenities on the ground floor in the proposed development at no additional charge, and on the same terms and conditions as any other resident of the development, without the need to prebook 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 central air conditioning in each replacement rental dwelling unit within the proposed development;

g. of the storage lockers allocated to the rental replacement units, the owner shall provide and make available storage lockers firstly to returning tenants whose lease agreements for the existing units include access to storage lockers on the same terms as such tenants previously paid, secondly to remaining returning tenants, and thirdly to new tenants of the replacement rental units; the terms and conditions for storage lockers for tenants who did not previously have a locker will be the same as any other resident of the development;

h. of the parking allocated to the rental replacement units, the owner shall provide and make available parking to returning tenants whose lease agreements for the existing units include parking on the same terms as tenants previously paid, secondly to remaining returning tenants, and thirdly to new tenants of the replacement rental units; terms and conditions for parking for tenants who did not previously have parking will be the same as any other resident of the development;

i. the owner shall provide tenants of the replacement rental dwelling units with access to all bicycle and visitor vehicular parking at no charge and on the same terms and conditions as any other resident of the development;

j. the replacement rental dwelling units required in Recommendation 6.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 building, 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 to the lands at 55-75 Brownlow Avenue, an Agreement pursuant to Section 111 of the City of Toronto Act, 2006, to secure the conditions outlined in Recommendations 6.a. through 6.j. above, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

7. 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 121 rental dwelling units at 55 Brownlow Avenue after all the following have occurred:

a. all conditions in Recommendation 6 above have been fully satisfied and secured;

b. the replacement rental units are available and ready for occupancy; and

c. the owner has confirmed, in writing, that all existing rental dwelling units proposed to be demolished are vacant.

8. 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 the Preliminary Approval referred to in Recommendation 7 above.

9. 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 55 Brownlow Avenue after the Chief Planner and Executive Director, City Planning has given the Preliminary Approval referred to in Recommendation 7 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; and

b. the owner erects solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building.

10. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to:

a. submit a revised Functional Servicing Report for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

b. enter into a financially secured agreement for 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 transportation report accepted by the General Manager, Transportation Services, and the Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; and 

c. submit a revised Arborist Report to the satisfaction of Urban Forestry, on behalf of the General Manager, Parks, Forestry and Recreation.

11. City Council allow the owner of 55-75 Brownlow Avenue to construct, finish, furnish, equip and convey to the City a non-profit licensed child care facility (the 'Child Care Facility') to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Children's Services as part of the development, as an in-kind contribution pursuant to subsection 37(6) of the Planning Act, in accordance with the following terms:

a. the Child Care Facility will accommodate a minimum of 62 children, including infants, toddlers and preschoolers;

b. the Child Care Facility will be comprised of an approximately 929 square metres (10,000 square feet) indoor area located on the ground floor of the proposed development and an approximately 344 square metres (3,704 square feet) outdoor area, located on the ground floor adjacent to the indoor area; the Child Care Facility shall be designed, constructed and delivered in accordance with the Child Care Early Years Act, 2014 and City of Toronto Child Care Design and Technical Guideline R1 (2016); and

c. the Child Care Facility will be provided in accordance with the terms to be set out in the In-Kind Contribution Agreement identified in Recommendation 13 below to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Children's Services and the City Solicitor.

12. City Council attribute a value to the in-kind contribution set out in Recommendation 7 above equal to 100 percent of 4 percent of the value of the land (net of any exclusions or exemptions authorized under the Community Benefits Charge By-law), as determined the day before the day the building permit is issued in respect of the development.

13. City Council authorize the Chief Planner and Executive Director, City Planning to enter into an Agreement pursuant to subsection 37(7.1) of the Planning Act (the "In-kind Contribution Agreement") to address the provision of the in-kind contribution identified in Recommendation 11 above to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Children's Services and the City Solicitor, including that:

a. the owner will provide a letter of credit in an amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and handover of the Child Care Facility, to the satisfaction of the General Manager, Children's Services and the Chief Financial Officer and Treasurer, and will be provided to the City prior to the issuance of the first above grade building permit for the development, to secure the Child Care Facility; upon handover of the Child Care Centre to the City, the letter of credit shall be returned to the owner of 55-75 Brownlow Avenue; with such agreement to be registered on title to the Site, which agreement shall be evidence of arrangements for the provision of the in-kind contribution that are satisfactory to City Council.

14. As part of Phase 1, City Council require the owner to provide a Letter of Credit in an amount equivalent to the Community Benefits Charge that would have been payable for the value of the land proceeding as a first phase as determined the day before the day the first building permit is issued in respect of the development; this letter of credit will be returned to the owner only if and at the time the owner has provided, to the City the letter of credit, secured by the In-Kind Contribution Agreement, in an amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and handover of the Child Care Facility.

15. 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.

16.  City Council require that, in consultation with the local Councillor, the applicant consult with representatives from the Eglinton Jr. Public School and the Toronto District School Board, to address concerns related to student safety and dust emissions, as a part of consultation on the Construction Management Plan.

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 the City of Toronto Act, 2006.

This report reviews and recommends approval of the application to amend the Zoning By-law to permit two residential buildings at 59 and 55-storeys, with 1,374 dwelling units at 55-75 Brownlow Avenue. This report also reviews and recommends approval of the Rental Housing Demolition Application which includes 121 replacement rental units and a Tenant Relocation and Assistance Plan to assist tenants with moving to the replacement housing.

This application proposes to construct the development in two phases. Phase 1 will see the construction of the north tower (Tower 'A') which is to include the 121 rental replacement units. Tower 'A' is to be constructed prior to the existing rental housing being demolished, allowing existing tenants the opportunity to move directly to replacement housing. Phase 2 will see the demolition of the existing rental building and the construction of the south tower (Tower 'B') which includes a 929-square metre child care facility. The child care facility is proposed to be conveyed to the city as an in-kind community benefits contribution pursuant to subsection 37(6) of the Planning Act.

The proposal also includes a new 571-square metre public park along the north property line, fronting onto Brownlow Avenue, and provides a pedestrian walkway that will form a future mid-block connection between Brownlow Avenue and Mount Pleasant Road.