Item - 2024.TE15.2

The Toronto and East York Community Council recommends that:

1. City Council amend the Official Plan for the lands at 1337-1355 King Street West substantially in accordance with the draft Official Plan Amendment included as Attachment 5 to the report (June 21, 2024) from the Director, Community Planning, Toronto and East York District.

2. City Council amend Zoning By-law 569-2013 for the lands at 1337-1355 King Street West, substantially in accordance with the draft Zoning By-law Amendment included as Attachment 6 to the report (June 21, 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 and Zoning By-law Amendments as may be required.

4. City Council approve the Rental Housing Demolition Application (File 24 142460 STE 04 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 10 existing affordable rental housing units located at 1337-1355 King Street West, subject to the following conditions:

a. the owner shall provide and maintain 10 affordable rental replacement units on the subject site for a period of at least 20 years beginning from the date that each replacement housing unit is first occupied; 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; and the replacement units shall collectively have a total gross floor area of at least 85.9 square metres and be comprised of 90 studios and 2 one-bedroom units as generally illustrated in the plans submitted to the City Planning Division dated May 3, 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 10 affordable rental replacement units required in Recommendation 4.a. above, provide at least 8 studio units and 2 one-bedroom units at affordable 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; rents shall not include additional charges for laundry or central air conditioning;

c. the owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the 10 existing affordable rental units proposed to be demolished at 1337-1355 King Street West, addressing the right to return to occupy one of the rental replacement units at similar rents, the provision of an alternate rental unit during the construction period, 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 10 affordable rental replacement units with access to, and use of, all indoor and outdoor amenities in the proposed 10 storey building; 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 an established practice for private bookings; 

e. the owner shall provide tenants of all affordable rental replacement units with access to bicycle and visitor parking on the same terms and conditions as any other resident of the proposed building;

f. the owner shall provide and maintain a common laundry room on the basement floor of the proposed building, as generally illustrated in the plans submitted to the City Planning Division dated May 3, 2024; any revision to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

g. the affordable rental replacement 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 affordable rental replacement 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

h. the owner shall enter into, and register on title to the lands at 1337-1355 King Street West, an agreement pursuant to Section 111 of the City of Toronto Act, 2006, to secure the conditions outlined in Recommendations 4.a. through 4.g. 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 10 existing affordable rental units located at 1337-1355 King Street West 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 the 10 existing rental units 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 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.

8. 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 1337-1355 King Street West 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 three (3) years from the date that demolition of the existing rental 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 8.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.

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 1337-1355 King Street West from Permit Parking.

10. 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.

11. City Council request the Chief Planner and Executive Director, City Planning to secure through the Site Plan Control process for the proposed development, pursuant to Section 114 of the City of Toronto Act, 2006, the owner's obligation to:

a. continue to provide and maintain the existing 136 rental dwelling units at 1355 King Street West as rental housing for a period of 20 years commencing from the date the Zoning By-law Amendment comes into force and effect, with no application for demolition or conversion from residential rental use, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; and

b. provide access for both existing tenants of 1355 King Street West and new tenants to all the outdoor amenities that will be provided on the subject site.

12. Prior to Site Plan Approval for the development, City Council require the owner to develop a Construction Mitigation and Tenant Communication Plan, including an interim parking plan, to mitigate the impacts of construction of the development on tenants of the existing rental building, all to the satisfaction of the Chief Planner and Executive Director, City Planning.

13.  City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement City Council’s decision.

The Toronto and East York Community Council held a statutory public meeting on July 10, 2024 and notice was given in accordance with the Planning Act and the City of Toronto Act, 2006.

This Official Plan and Zoning By-law amendment application proposes to permit a 10 storey residential building consisting of 92 affordable housing units, including 10 rental replacement units, at 1337-1355 King Street West.  The existing 11 storey “Phoenix Place” apartment building and Parkdale United Church at 1355 King Street West will be fully retained on the site.

The application is supported through the Open Door Affordable Rental Housing Program to provide financial incentives for the development of 92 affordable housing units.

This report also recommends approval of the Rental Housing Demolition application. The proposal includes a Tenant Relocation and Assistance Plan that address the right for existing tenants to return to the rental replacement dwelling units at a similar rent and interim accommodation for the duration of the construction period.

The proposed development is consistent with the Provincial Policy Statement (2020), conforms with the Growth Plan (2020), and represents an appropriate form and scale of development.

This report reviews and recommends amending the Official Plan and Zoning By-law Amendment, and the Rental Housing Demolition Application, with a Holding provision (H) in the Zoning By-law to address servicing matters.

The purpose of this report is to provide updated directions on holding and bicycle parking zoning by-law provisions, further to the Decision Report dated June 21, 2024.

The updated directions are reflected in the Draft Zoning By-law (Attachment 6 to the report dated June 21, 2024 from the Director, Community Planning) and are based on the resolution with the applicant of servicing and bicycle parking details for the proposal. These are supported by City Staff.