Item - 2024.TE14.9

The Toronto and East York Community Council recommends that:

1. City Council approve the Rental Housing Demolition Application (22 199096 STE 13 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to permit the demolition of 31 existing rental dwelling units at 561 Jarvis Street and 102-120 Earl Place, subject to the following conditions:
 

a. the owner shall provide and maintain 31 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 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 31 replacement rental dwelling units shall collectively have a total gross floor area of at least 1,333.72 square metres and be comprised of 6 studio, 24 one-bedroom units and 1 three-bedroom unit, as generally illustrated in the plans submitted to the City Planning Division dated April 29, 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 31 replacement rental dwelling units required in Recommendation 1.a. above, provide at least 6 studio and 15 one-bedroom units at affordable rents, 2 one-bedroom units at mid-range (affordable) 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 the replacement rental units; and the remaining 7 one-bedroom units and 1 three-bedroom unit will have unrestricted rents; 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 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 Chief Planner and Executive Director, City Planning;

d. the owner shall provide tenants of all 31 replacement rental dwelling units with access to, and use of, all indoor and outdoor amenities in the proposed development 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 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 central air conditioning in each replacement rental dwelling unit within the proposed development;

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

h. the 31 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; and

i. the owner shall enter into and register on title to the lands at 561 Jarvis Street and 102-120 Earl Place an Agreement pursuant to Section 111 of the City of Toronto Act, 2006, to secure the conditions outlined in Recommendations 1.a. through 1.h. 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 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 31 existing rental dwelling units at 561 Jarvis Street and 102-120 Earl Place 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 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 permits) 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 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 561 Jarvis Street and 102-120 Earl Place after the Chief Planner and Executive Director, City Planning 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 building 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

 
d. should the owner fail to complete the proposed development containing 31 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 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.

The application proposes to demolish a two-and-a-half-storey apartment building and row of townhouses containing 31 rental units located at 561 Jarvis Street and 102-120 Earl Place. The 31 rental units are proposed to be replaced as part of a new 58-storey building containing a total of approximately 708 dwelling units. The proposal includes a Tenant Relocation and Assistance Plan that addresses the right of existing tenants to return to replacement rental units at similar rents and provides financial compensation to mitigate hardship.

The properties are also the subject of a Zoning By-law Amendment application (22 185925 STE 13 OZ), which was appealed to the Ontario Land Tribunal (OLT). The OLT issued a written decision on April 18, 2024 approving the Zoning By-law Amendment in principle, with the final order being withheld until all outstanding matters, including the rental housing matters and necessary agreements with the City, are secured.

This report recommends approval of the Rental Housing Demolition application under Chapter 667 of the Toronto Municipal Code and the Residential Demolition Permit under Chapter 363 of the Toronto Municipal Code, subject to conditions to replace the rental housing and provide Tenant Relocation and Assistance.