65 to 99 Silver Springs Blvd - Zoning By-law Amendment, Draft Plan of Subdivision, and Rental Housing Demolition Applications - Final Report

The proposed total gross floor area is 40,414 square metres, which represents a density of 2.15 times the lot area; - A Rental Housing Demolition application to permit the demolition of seven 2-storey apartment buildings containing 56 rental dwelling units; and - An application for Plan of Subdivision Approval to create a new 18.5-metre-wide public street and associated development blocks necessary to deploy the proposal. The subject lands are located north of Finch Avenue East and south of Silver Springs Boulevard, and are approximately 4.0 hectares in size. The site currently contains 9 rental buildings comprised of seven 2-storey walk up buildings containing 56 three-bedroom rental units on the eastern portion of the site, one 9-storey building containing 88 one-bedroom rental units at the northwest portion of the site, and one 9-storey building containing 286 rental units of various sizes on the southwest portion of the site. The proposal would rely on existing access but also provide a new public road with an 18.5-metre right-of-way to service the development along the eastern boundary of the lands while adding pedestrian and vehicular connections between Finch Avenue East and Silver Springs Boulevard. A recommended agreement pursuant to Section 37 of the Planning Act would secure 9 new affordable rental dwelling units for a period of 99 years, as well as a $1.5 million financial contribution to local community recreation infrastructure improvements. The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020). It adds to the range and mix of residential rental units available in a compact form. Approval of the development would also secure a number of community benefits, including the provision of 9 new affordable rental units. This report reviews and recommends approval of the Zoning By-law Amendment and Rental Housing Demolition applications and the execution and registration of the necessary Section 37 and 111 agreements to secure the community benefits, rental housing replacement and all necessary matters to support the proposed development. The report also advises that the Chief Planner may approve the Draft Plan of Subdivision which will be secured with further reporting to City Council as necessary.

3. City Council require the Owner to enter into an agreement pursuant to Section 37 of the Planning Act (the "Section 37 Agreement") to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor to secure the following: a. the community benefits recommended to be secured in the Section 37 Agreement are as follows: 1. prior to the issuance of the first above-grade building permit for the proposed development, the owner shall make an indexed cash contribution of one million and five-hundred thousand dollars ($1,500,000.00) payable to the City of Toronto to be allocated towards the construction of an outdoor amphitheatre in Ward 22; 2. the financial contribution in Recommendation 3.a.1. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto from the date of execution of the Section 37 Agreement to the date of payment; 3. in the event the cash contribution referred to in Recommendation 3.a.1. above has not been used for the intended purpose within three (3) years of the Zoning By-law Amendments 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 local Ward Councillor, provided that the purpose(s) is/are identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands; 4. the owner shall provide and maintain nine (9) new affordable rental dwelling units on the lands at 65-99 Silver Springs Boulevard for a minimum period of ninety-nine (99) years beginning from the date that each such unit is first occupied, in accordance with the following: A. at least three (3) of the new affordable rental dwelling units shall be two-bedroom rental units with an average unit size that is no less than the average unit size of a non-affordable, non-replacement two-bedroom dwelling unit within the development; B. at least six (6) of the new affordable rental dwelling units shall be one-bedroom rental units with an average unit size that is no less than the average unit size of a non-affordable, non-replacement one-bedroom dwelling unit within the development; C. the nine (9) new affordable rental dwelling units shall be provided in a vertically and/or horizontally contiguous grouping within the development; D. the location and layouts of the new affordable rental dwelling units within the development shall be to the satisfaction of the Chief Planner and Executive Director, City Planning; E. the owner shall provide and maintain all nine (9) new affordable rental dwelling units as secured rental housing at affordable rents, as currently defined in the Official Plan, for a minimum period of ninety-nine (99) years beginning from the date that each such unit is first occupied. During such ninety-nine (99) year period, the rent (inclusive of utilities) charged to any tenant of a new affordable rental dwelling unit shall not exceed one (1) times the average rent for the same bedroom type in the City of Toronto, as reported by the Canada Mortgage and Housing Corporation in its most recent Rental Market Survey, and no application shall be made to demolish any affordable rental dwelling unit or to convert any affordable rental dwelling unit to a non-residential rental purpose; F. notwithstanding Recommendation 3.a.4.E above, after the first year of occupancy of an affordable rental dwelling unit, the rent (inclusive of utilities) charged to any first tenant or new tenant of a new affordable rental dwelling unit may be escalated annually by not more than the annual provincial rent guideline, irrespective of whether such guideline is applicable to the unit under the Residential Tenancies Act, 2006 or any successor legislation governing residential tenancies in Ontario, until the tenancy ends; G. the City's Centralized Affordable Housing Access System shall be used to advertise and select tenants for the new affordable rental dwelling units, provided such system is operational as of the date of first occupancy of the new affordable rental dwelling units. In addition, at least six (6) months in advance of any new affordable rental dwelling unit being made available for rent, the owner shall develop and implement a Tenant Access Plan in consultation with, and to the satisfaction of, the Executive Director, Housing Secretariat to ensure the affordable rental dwelling units are rented to eligible households; H. the nine (9) new affordable rental dwelling units shall be made ready and available for occupancy no later than the date by which seventy percent (70 percent) of the new dwelling units, exclusive of the replacement rental units, erected on the lands are available and ready for occupancy; I. the owner shall provide all tenants of the affordable rental dwelling units with access to, and use of, all indoor and outdoor amenities in the development at no extra charge and 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; and J. the owner shall provide all tenants of the affordable rental dwelling units with laundry facilities at no charge and on the same basis as other residents of the development. b. the following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support the development: 1. prior to first occupancy of any new dwelling unit in the proposed development, the owner shall not apply for approval of a description in accordance with the Condominium Act with respect to any new dwelling unit or register any new dwelling unit under the Condominium Act or any other form of ownership tenure, such as life-lease or co-ownership as defined in Chapter 667 of the Toronto Municipal Code, that provides a right to exclusive possession of a dwelling unit. 2. the owner shall continue to provide and maintain the existing three hundred and seventy-four (374) rental dwelling units at 65 and 75-85 Silver Springs Boulevard 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 tenants of all existing three hundred and seventy-four (374) rental dwelling units at 65 and 75-85 Silver Springs Boulevard 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. 4. the owner shall provide, at its sole expense and at no cost to tenants, improvements to the existing rental housing at 65 and 75-85 Silver Springs Boulevard, taking into account feedback obtained through a tenant survey, as follows: A. prior to the issuance of Notice of Approval Conditions for site plan approval: 1. the owner shall retain a qualified accessibility consultant to complete an accessibility audit of indoor and outdoor common areas of the existing rental buildings at 65 and 75-85 Silver Springs Boulevard with reference to the Ontario Building Code and the Design of Public Spaces Standard for the purposes of identifying any existing accessibility barriers within, and prospective accessibility improvements to, the existing rental housing. A copy of the final report prepared by the accessibility consultant summarizing the findings of the accessibility audit (the "Accessibility Audit Report") shall be submitted to the City Planning; and 2. 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 65 and 75-85 Silver Springs Boulevard, to the satisfaction of the Chief Planner and Executive Director, City Planning; B. prior to the issuance of the first above-grade building permit for the development: 1. the owner shall provide the City with a Letter of Credit having a maximum value of five hundred thousand dollars ($500,000) to secure the provision of accessibility improvements recommended by the Accessibility Audit Report required in Recommendation 3.b.4.A.1 above. For clarity, if the total construction value of the accessibility improvements recommended by the Accessibility Audit Report is less than five hundred thousand dollars ($500,000), as demonstrated by one or more quotations provided by a qualified contractor, then such lower construction value shall determine the value of the Letter of Credit provided to the City and the owner shall undertake all improvements recommended by the Accessibility Audit Report. If the total construction value of the accessibility improvements recommended by the Accessibility Audit Report exceeds five hundred thousand dollars ($500,000), then the owner shall undertake selected accessibility improvements having a total construction value of not more than five-hundred thousand dollars ($500,000), which shall be the value of the Letter of Credit provided to the City, and the selection of such improvements shall be made in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning; 2. the owner shall construct a new gymnasium and provide new gynamisum equipment on the main floor of the existing rental building at 65 Silver Springs Boulevard, as generally illustrated in the Interior Design Drawings prepared by Syllable Design and dated March 10, 2021. Any revision to these drawings shall be to the satisfaction of the Chief Planner and Executive Director, City Planning; and 3. the owner shall undertake improvements to each of the existing laundry rooms in the existing rental buildings at 65 and 75-85 Silver Springs Boulevard, including the provision of a television and seating area, new folding tables, additional regular-sized laundry machines, and one or more over-sized laundry machines per laundry room. The location, layout, and specifications of the laundry room improvements shall be developed and approved through the site plan review process, to the satisfaction of the Chief Planner and Executive Director, City Planning; C. prior to occupancy of any new residential units: 1. the owner shall complete the accessibility improvements recommended by the Accessibility Audit Report required in 3.b.4.A.1 above and secured by the Letter of Credit required in 3.b.4.B.1 above to the satisfaction of the Chief Planner and Executive Director, City Planning; 2. the owner shall provide a new outdoor barbeque and seating area within a reasonable and accessible vicinity of the entrance of at least one of the existing rental buildings at 65 and 75-85 Silver Springs Boulevard. The location, layout, and specifications of the new outdoor barbeque and seating area shall be developed and approved through the site plan review process, to the satisfaction of the Chief Planner and Executive Director, City Planning; and 3. the costs associated with the provision and maintenance of the rental housing improvements and Construction Mitigation Strategy and Tenant Communication Plan required in Recommendations 3.b.4.A.1 through 3.b.4.C.2 above shall not be passed on to tenants of the existing rental buildings at 65 and 75-85 Silver Springs Boulevard 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 3.b.4.A.1 through 3.b.4.C.2 above. c. the Owner shall submit a revised Hydrogeological Report and updates to the Functional Servicing Report, including all related drawings, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services which addresses matters as set out in the Engineering and Construction Services memorandum dated April 25, 2022; d. prior to the issuance of a building permit, the owner shall enter into a financially-secured development agreement for the construction of any improvements to the municipal infrastructure, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, if it is determined that upgrades are required to the infrastructure to support this development, according to the accepted Hydrogeological Report and accepted Functional Servicing Report referenced in Recommendation 3.b.5. above; e. the Owner shall implement the recommendations of the Traffic Management Plan dated March 10, 2022, including two (2) car-share spaces, publicly-accessible bicycle repair stations, and bike share expansion funding through the site plan approval including appropriate conditions to be included in the Site Plan Agreement; f. the Owner shall design, fund, and construct the relocation of the intersection of Finch Avenue East and the new public street, the cost of which will be secured as part of the Draft Plan of Subdivision; g. the Owner shall enter into a financially secured development agreement and will be responsible to construct the relocation of the existing traffic control signal to the intersection of Finch Avenue East and the new public street (Recommendations 9 and 10 below), at no cost to the City; h. the Owner shall enter into a financially secured development agreement to cover the cost of the installation of the all-way stop control at the intersection of Silver Springs Blvd and new public street and will be responsible for the removal of the existing pedestrian crossover (Recommendation 12 below) located to the east of the proposed intersection, at no cost to the City; i. the Owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council from time to time, to the satisfaction of the Chief Planner and Executive Director, City Planning. The owner will be encouraged to achieve Tier 2, Toronto Green Standard or higher, where appropriate, and consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the site; and j. the Owner shall satisfy applicable signage requirements of the Toronto District School Board and the Toronto Catholic District School Board and shall insert warning clauses in purchase and sale/tenancy agreements as required in connection with student accommodation. 4. City Council approve the Rental Housing Demolition Application (20 164711 ECS 22 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 fifty-six (56) existing rental dwelling units at 87, 89, 91, 93, 95, 97, and 99 Silver Springs Boulevard, subject to the following conditions: a. the owner shall provide and maintain fifty-six (56) 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 fifty-six (56) replacement rental dwelling units shall be three-bedroom units and collectively contain a total gross floor area of at least 6,328 square metres, as generally illustrated in the plans prepared by IBI Group and dated January 31, 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 forty-five (45) three-bedroom replacement rental dwelling units at affordable 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. The remaining eleven (11) three-bedroom replacement rental units shall have unrestricted rents; c. the owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the fifty-six (56) 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 rent gap payments, 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 fifty-six (56) 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 or access to shared laundry facilities within the proposed development 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 thirty-six (36) 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. Should fewer than thirty-six (36) returning tenants who previously leased vehicle parking spaces elect to lease a vehicle parking space in the development or should a returning tenant leasing a vehicular parking space in the development vacate their replacement rental unit, the owner may provide and make available no fewer than nineteen (19) vehicular parking spaces to 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 owner shall provide and make available at least thirty-seven (37) storage lockers to tenants of the replacement rental units, and such storage lockers shall be made available: firstly, to returning tenants who currently have access to storage lockers in the existing rental buildings, at the same monthly storage locker charges that they currently pay, if any, in the existing buildings; secondly, to returning tenants of the replacement rental units who do not currently have access to storage lockers in the existing buildings, on the same terms and conditions as any other resident of the development; and thirdly, to new tenants of the replacement rental units, on the same terms and conditions as any other resident of the development; j. the fifty-six (56) 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 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 k. the owner shall enter into, and register on title to the lands at 65-99 Silver Springs Boulevard, one or more agreement(s) to secure the conditions outlined in Recommendations 4.a through 4.j 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. 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 pursuant to Section 111 of the City of Toronto Act, 2006 for the demolition of fifty-six (56) rental dwelling units at 87, 89, 91, 93, 95, 97, and 99 Silver Springs Boulevard after all the following have occurred: a. all conditions in Recommendation 4 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 4.a. through 4.j above and any other requirements of the Zoning By-law Amendments (if applicable). 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 the 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 87, 89, 91, 93, 95, 97, and 99 Silver Springs Boulevard 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 any 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 fifty-six (56) replacement rental dwelling units within the time specified in Part 9.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 other related agreements. 9. City Council authorize the installation of traffic control signals at the intersection of Finch Avenue East and the future new public street. 10. Subject to approval of Recommendation 9 above, City Council authorize the removal of the existing mid-block pedestrian traffic control signal on Finch Avenue East and a point 220 metres east of Birchmount Road. 11. City Council authorize the installation of all-way compulsory stop control at the intersection of Silver Springs Boulevard and future New Public Street. 12. Subject to approval of Recommendation 11 above, City Council authorize the removal of the pedestrian crossover on Silver Springs Boulevard and a point 166 metres west of Wayside Avenue. 13. City Council require the Owner to enter into a financially-secured development agreement to cover the cost of the design and implementation of Recommendations 9, 10, 11 and 12 above. 14. City Council authorize the City Solicitor to make such stylistic and technical changes to draft Zoning By-law Amendments as may be required.