515 and 525 Chaplin Crescent - Zoning By-law Amendment and Rental Housing Demolition Applications - Final Report

The addition would cause the demolition and replacement of some of the existing rental apartment units. Following the adoption of the Final Report by City Council, the applicant proposed revisions to the application that differed from those contained in the Final Report, and requested that the amending Zoning By-laws 438-86 and 569-2013 attached to the report be held from enactment. The revisions of note include the non-integration, structurally, of the proposed new building with the existing building, and a reduction in the density, gross floor area, and number of parking spaces resulting from a reduction in the number of units. The driveway on Chaplin Crescent is also proposed to be relocated. The proposed building height would remain the same at 13 storeys (42.5 metres). The proposed overall density would reduce by 0.14 from 3.71 to 3.57 times the lot area, and the gross floor area would reduce by 1,261.69 square metres from 25,221 to 23,959.31 square metres. The overall number of units would reduce by 12 units from 290 units to 278 units. Details are discussed in the Revised Proposal and Comments sections of this Report. Staff has considered the proposed revisions and determined that a revised Final Report containing the proposed revisions would be appropriate for Council's consideration.

3. City Council authorize the City Solicitor to submit the necessary bill(s) to implement City Council's decision provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will issue until such time as the Section 37 Agreement is executed and registered. 4. City Council require the owner to voluntarily enter into an Agreement pursuant to Section 37 of the Planning Act as follows: a. a voluntary cash contribution of $50,000.00 (Fifty thousand dollars) towards streetscape, and/or public realm improvements within the vicinity of the development site and/or Ward 8; b. the cash contributions referred to in Recommendation 4.a. above shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of the Agreement to the date of payment; c. in the event the cash contribution referred to in Recommendation 4.a. above has not been used for the determined purpose within three years of the amending Zoning By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided the purpose is identified in the Official Plan and will benefit the community in the vicinity of the lands; d. the following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support the development: 1. the owner shall agree to secure the tenure of all sixty-six (66) new dwelling units, inclusive of the rental replacement units, within the building to be constructed at 515-525 Chaplin Crescent as well as the existing 212 units on the site for a total of 278 secured rental units for not less than 20 years; 2. the owner shall continue to provide and maintain the existing two hundred and twelve (212) units at 515-525 Chaplin Crescent as rental housing, together with the new and retained associated facilities and amenities of the residential rental property, for a period of at least twenty (20) years commencing from the date the Zoning By-law Amendments come into force and effect, with no application for demolition or conversion to condominium ownership or from residential rental use during such twenty (20) year period, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; 3. the owner shall provide, at its sole expense and at no cost to tenants, improvements to the existing rental housing at 515-525 Chaplin Crescent, taking into account feedback obtained through a tenant survey, as follows: 4. prior to the issuance of Notice of Approval Conditions for site plan approval: A. the owner shall submit to the City a Construction Mitigation Strategy and Tenant Communication Plan to mitigate the impacts of construction of the development on tenants of the existing rental buildings at 515-525 Chaplin Crescent, to the satisfaction of the Chief Planner and Executive Director, City Planning; Prior to first occupancy of the new residential building: B. the owner shall construct a new 134.85 square metre indoor amenity space on the ground floor of 515 Chaplin Crescent for the exclusive use of all tenants in the retained units at 515-525 Chaplin Crescent, as generally illustrated in the Architecture Plans prepared by Kirkor Architects and Planners and dated January 28, 2022. Any revision to these drawings shall be to the satisfaction of the Chief Planner and Executive Director, City Planning; C. the owner shall construct an enclosed garbage collections area for the retained buildings and new development. The location, layout, and specifications of the garbage enclosure shall be developed and approved through the site plan review process, to the satisfaction of the Chief Planner and Executive Director, City Planning; D. the owner will construct or provide additional seating, in the form of benches, in the courtyard between 515 and 525 Chaplin Crescent; and E. the costs associated with the provision and maintenance of the rental housing improvements and Construction Mitigation Strategy and Tenant Communication Plan required in Recommendations 4.d.4.A. through 4.d.4.D above shall not be passed on to tenants of the existing rental buildings at 515-525 Chaplin Crescent in any form. For clarity, the owner shall agree to not apply to the Landlord and Tenant Board, or any successor tribunal with jurisdiction to hear applications made under the legislation governing residential tenancies in Ontario, for an above-guideline increase in rent to recover expenses incurred in completing the rental housing improvements in Recommendations 4.d.4.A through 4.d.4.D above. 5. City Council approve the Rental Housing Demolition application (10 121754 NNY 00 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 nine (9) existing rental dwelling units at 515 Chaplin Crescent, subject to the following conditions: a. the owner shall provide and maintain nine (9) replacement rental dwelling units for a period of at least 20 years beginning from the date that each replacement rental unit is first occupied. During such 20-year period, no replacement rental dwelling unit shall be registered as a condominium or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit, including life-lease or co-ownership, and no application shall be made to demolish any replacement rental dwelling unit or convert any replacement rental unit to a non-residential rental purpose. All nine (9) replacement rental dwelling units shall be one-bedroom units and collectively contain a total gross floor area of at least 634.8 square metres, as generally illustrated in the plans prepared by Kirkor Architects and Planners, dated May 5, 2022, with any revision to these plans being to the satisfaction of the Chief Planner and Executive Director, City Planning; b. the owner shall provide and maintain at least seven (7) one-bedroom replacement rental dwelling units at affordable rents and at least two (2) one-bedroom replacement rental dwelling units at mid-range rents, as currently defined in the Toronto Official Plan, for a period of at least ten (10) years beginning from the date of first occupancy of each unit; c. the owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the nine (9) existing rental dwelling units proposed to be demolished, addressing the right to return to occupy one of the replacement rental dwelling units at similar rents, the provision of alternative accommodation at similar rents in the form of a rent gap payment, 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 tenants of all nine (9) replacement rental dwelling units with access to, and use of, all indoor and outdoor amenities in the proposed development at no extra charge, and 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 at no additional cost to tenants; f. the owner shall provide central air conditioning in each replacement rental dwelling unit within the proposed development at no additional cost to tenants; g. the owner shall provide and make available four (4) vehicle parking spaces to returning tenants of the replacement rental dwelling units who previously leased vehicle parking spaces, and at similar monthly parking charges that such tenants previously paid, in the existing rental buildings at 515 to 525 Chaplin Crescent. Any remaining units may be leased to other tenants of the replacement rental units and on the same terms and conditions as any other resident of the development; h. 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; i. the nine (9) replacement rental dwelling units required in Recommendation 5.a. above shall be made ready and available for occupancy no later than the date by which seventy percent (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 j. the owner shall enter into, and register on title to the lands at 515 to 525 Chaplin, one or more agreement(s) to secure the conditions outlined in Recommendations 5.a. through 5.i. above, including an agreement pursuant to Section 111 of the City of Toronto Act, 2006, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning. 6. 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 nine (9) rental dwelling units at 515-525 Chaplin Crescent after all the following have occurred: a. all conditions in Recommendation 5 above have been fully satisfied and secured; b. the 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 permits) for the approved development on the site; e. the owner has confirmed, in writing, that all existing rental dwelling units proposed to be demolished are vacant; and f. the execution and registration of agreements pursuant to Section 37 of the Planning Act and Section 111 of the City of Toronto Act, 2006 securing Recommendations 5.a. through 5.j. above and any other requirements of the Zoning By-law Amendments (if applicable). 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 the Preliminary Approval referred to in Recommendation 6 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 515-525 Chaplin Crescent after the Chief Planner and Executive Director, City Planning has given the 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 no later than three (3) 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 the nine (9) replacement rental dwelling units 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 authorize the City Solicitor to make such stylistic and technical changes to the Zoning By-law Amendments as may be required.