Item - 2024.TE14.8

The Toronto and East York Community Council recommends that:

1. City Council amend the Official Plan for the lands at 239-255 Dundas Street East substantially in accordance with the draft Official Plan Amendment included as Attachment 5 to the report (May 24, 2024) from the Director, Community Planning, Toronto and East York District.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 239-255 Dundas Street East 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.

3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and draft Zoning By-law Amendment as may be required.

4. City Council approve the Rental Housing Demolition Application (File 22 124320 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 8 existing rental dwelling units located at 239-255 Dundas Street East, subject to the following conditions:

a. the owner shall provide and maintain 11 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 747.1 square metres and be comprised of 3 studio units, 3 one-bedroom units, 4 two-bedroom units and 1 three-bedroom unit as generally illustrated in the plans submitted to the City Planning Division dated May 2, 2024; and 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 11 replacement rental dwelling units required in Recommendation 4.a. above, provide at least 3 studios, 1 one-bedroom unit and 2 two-bedroom units at affordable rents, 2 one-bedroom units, 2 two-bedroom units 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; 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 of the 8 existing rental dwelling units proposed to be demolished at 239-255 Dundas Street East, 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 tenants of all 11 replacement rental dwelling units with access to, and use of, all indoor and outdoor amenities in the proposed building 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;

e. the owner shall provide ensuite laundry in each replacement rental dwelling unit;

f. the owner shall provide central air conditioning in each replacement rental dwelling unit;

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 building;

h. the replacement rental dwelling units required in Recommendation 4.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

i. the owner shall enter into and register on title to the lands at 239-255 Dundas Street East, an Agreement pursuant to Section 111 of the City of Toronto Act, 2006, to secure the conditions outlined in Recommendations 4.a. through 4.h. 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 8 existing rental dwelling units located at 239-255 Dundas Street East after all the following have occurred:

a. all conditions in Recommendation 4 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 or their designate, pursuant to Section 114 of the City of Toronto Act, 2006;

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 239-255 Dundas Street East 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 solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building;

c. the owner erects the proposed building on site no later than four years from the date that 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

d. should the owner fail to complete the proposed building within the time specified in Recommendation 7.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.

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 any other related agreements.

9. City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the local Ward Councillor and the City Solicitor, to continue to work with the applicant to explore the feasibility of providing an in-kind community benefit pursuant to Section 37(6) of the Planning Act in the development and to report back to City Council for further instruction if the applicant offers such an in-kind community benefit.

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

a. submit a Functional Servicing Report for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; the report will determine whether the municipal water, sanitary and storm sewer systems can support the proposed development and whether upgrades or improvements of the existing municipal infrastructure are required;

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 functional servicing report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;

c. enter into a Heritage Easement Agreement with the City for the properties at 239, 241-243, 247 and 251-255 Dundas Street East substantially in accordance with the plans and drawings dated December 8, 2023, prepared by Turner Fleischer and the Heritage Impact Assessment dated December 7, 2023, prepared by GBCA Architects Inc., subject to and in accordance with the Conservation Plan required in Recommendation 10.d. below, to the satisfaction of the Senior Manager, Heritage Planning, including execution of such agreement to the satisfaction of the City Solicitor;

d. provide a detailed Conservation Plan, prepared by a qualified heritage consultant that is consistent with the conservation strategy set out in the Heritage Impact Assessment dated December 7, 2023 and supplementary memo dated 22 May, 2024, prepared by GBCA Architects Inc., to the satisfaction of the Senior Manager, Heritage Planning; and

e. enter into an Agreement, or similar legal instrument, between the owner of 239-255 Dundas Street East, the owner of 48-50 Pembroke Street and the City, to be registered on title to 48-50 Pembroke Street that would prevent the erection of a tall building, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

11. City Council authorize the City Solicitor and appropriate City staff to take such steps, as required, to implement City Council's decision.

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 Official Plan and Zoning By-law to permit a 52-storey (163.6 metres, including the mechanical penthouse) mixed-use building at 239-255 Dundas Street East. The proposal includes 632 dwelling units and a minimum of 48.5 square meters of non-residential gross floor area on the ground floor. The application proposes to demolish the 8 existing rental units and replace them with 11 rental units representing 100.3% of the existing rental gross floor area.

The Official Plan Amendment is required to vary performance standards in Site and Area Specific Policy 461 relating to tower setbacks, angular plane, setbacks to Neighbourhoods, and retail frontages.

The site consists of 4 properties that are designated under Part V of the Ontario Heritage Act as part of the Garden District Heritage Conservation District and are identified as contributing properties. The proposed development includes the in-situ retention of the building facades fronting onto Dundas Street East and Pembroke Street.

The report recommends approval of the Rental Housing Demolition application, including a Tenant Relocation and Assistance Plan that addresses the right for existing tenants to return to a replacement rental dwelling unit at similar rents and financial compensation to lessen hardship.