1801 - 1807 Eglinton Avenue West - Zoning By-law Amendment and Rental Housing Demolition Applications - Final Report

Considered

• 2022-06-29 · Toronto and East York Community Council · amended

  Decision as filed

  The Toronto and East York Community Council recommends that: 1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 1801-1807 Eglinton Avenue West (the "Lands") substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District. 2. City Council authorize the City Solicitor to submit the necessary bill(s) to implement the foregoing recommendation(s) 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.

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  3. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required. 4. City Council authorize the City Solicitor and appropriate City staff to take such actions as are required to implement City Council's decision, including the execution and implementation of appropriate agreements. 5. City Council require the owner to enter into an agreement pursuant to Section 37 of the Planning Act (the "Section 37 Agreement") as follows: a. the community benefits to be secured in the Section 37 Agreement are as follows: i. prior to the earlier of condominium registration or first occupancy of any residential unit on the Lands, the owner shall design, construct, finish and convey freehold ownership to the City, in an acceptable environmental condition and at no cost to the City, a minimum of 645 square metres of Community Agency Space, consisting of 115 square metres at ground level and 530 square metres on the second storey (collectively the "Community Agency Space") and provided in accordance with the City's Community Space Tenancy Policy and Base Building Conditions, with the terms and specifications to be finalized and secured in the Section 37 Agreement, all to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning, and the City Solicitor; A. a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and handover of the Community Agency Space complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning, and the City Solicitor. This letter of credit shall be provided to the City prior to the issuance of the first above-grade building permit for non-residential uses so as to secure the Community Agency Space pursuant to 5A(a) above, with the Community Agency Space to be made available to the City within 12 months of residential occupancy of the building; B. prior to the issuance of the first above-grade building permit for the proposed development on the Lands, the owner shall provide the City an indexed one-time cash contribution of six-hundred, twenty-seven thousand, eight-hundred and eighty dollars ($627,880.00) for future capital improvements to the Community Agency Space, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor C. The financial contributions pursuant to Recommendations 5.a.i.B , 5.a.ii and 5.b.viii shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date City Council adopts the zoning by-law amendment(s) to the date of payment; ii An indexed one-time cash contribution of fifty-thousand dollars ($50,000.00) to be paid by the owner to the City prior to the issuance of the first above-grade building permit for the proposed development on the Lands, and to be allocated to a Toronto bike-share station on or within a reasonable vicinity of the Lands; b. the following be secured in the Section 37 Agreement as a legal convenience to secure matters required to support the development: i. that the owner shall provide, at its own expense and to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, a minimum area of 51.8 square metres at the southwest corner of the Lands and a minimum area of 109.1 square metres at the southeast corner of the Lands as Privately Owned Publicly-Accessible Spaces (POPS) and shall provide to the City for nominal consideration POPS easements for use of the POPS by members of the general public. Such easements are to be conveyed to the City prior to the issuance of the Statement of Approval, and with the configuration and design to be determined to the satisfaction of the Chief Planner and Executive Director, City Planning in the context of site plan approval process. The owner shall, operate, maintain and repair the POPS and install and maintain signs, at its own expense, stating that members of the public shall be entitled to use the POPS 24 hours a day, 365 days a year. The owner shall have completed the construction of the POPS prior to first occupancy of any new commercial or residential unit on the Lands; ii. that prior to Site Plan Approval, the owner shall submit a Pedestrian Level Wind Study, to the satisfaction of the Chief Planner and Executive Director, City Planning, including wind tunnel analysis, which identifies recommendations for the outdoor amenity areas, and pedestrian realm, including the adjacent park, to mitigate wind impacts year-round, and the owner shall implement and maintain in support of the development all recommended mitigation measures to the satisfaction of the Chief Planner and Executive Director, City Planning; iii. prior to site plan approval, the owner has registered on title to the lands a Limiting Distance Agreement to which the City will be a party, to the satisfaction to the City Solicitor, over a portion of 1815 Eglinton Avenue West, the Metrolinx LRT Fairbanks station, that ensures that the tower portion of the proposed residential building at 1801-1807 Eglinton Avenue West can be located on the western lot line, in order to achieve an appropriate tower setback and separation distance to the east, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; iv. that the owner shall consult with Metrolinx and City Planning staff to explore the provision of windows or other design solutions improving access to sunlight within the south portion of the ground floor of the Community Space, adjacent to the Fairbank LRT station southern plaza/entrance; v. that the owner shall provide ten percent (10%) of all net new residential units in the proposed development on the Lands as three-bedroom units; vi. that the owner shall make reasonable efforts, to the satisfaction of the Chief Planner and Executive Director, City Planning, to promote the return of businesses and/or services displaced by the proposed development; vii. that the owner shall submit documentation and/or cash contributions toward Transportation Demand Management measures, as listed below, and such cash contributions, if required, shall be paid by the owner prior to the issuance of the site plan approval for the development, in the form of certified cheques, to the satisfaction of the General Manger, Transportation Services, and such cash contribution, if required, shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication No. 18-10-0135-01, or its successor, calculated from the date of the Section 37 Agreement to the date of payment: a. The provision of a minimum of two (2) car-share parking spaces in the underground garage; b. Written confirmation from a car-share operator that the allocated publicly- accessible car-share spaces provided on-site have been accepted and included in their services; c. One (1) car-share membership per household of each residential unit, offered in the first year of occupancy; d. One (1) bike-share membership per household of each residential unit, offered in the first year of occupancy; and e. A minimum of two (2) bike repair station provided on the lands; viii. that the owner shall demonstrate that a landscape architect with previous indigenous design experience has been retained, and that prior to Site Plan Approval, the owner shall submit a landscape plan detailing an indigenous design for the southeast POPS, with the intention of highlighting and honouring the indigeneity of the area, to the satisfaction of the Chief Planner and Executive Director, City Planning Division. ix. The owner shall provide space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 681-10, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services. x. that the owner shall pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report, to be resubmitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development; c. The financial contributions pursuant to Recommendations 5.a.i.C , 5.a.ii and 5.b.viii shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date City Council adopts the zoning by-law amendment(s) to the date of payment. 6. City Council approve the Rental Housing Demolition application (20 170679 STE 12 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 forty-seven (47) existing rental dwelling units at 1801-1807 Eglinton Avenue West, subject to the following conditions: a. The owner shall provide and maintain forty-seven (47) replacement rental dwelling units for a period of at least twenty (20) years beginning from the date that each replacement rental unit is first occupied. During this 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. The forty-seven (47) replacement rental dwelling units shall collectively contain a total gross floor area of at least 3,083 square metres and be comprised of ten (10) studio units, twenty-five (25) one-bedroom units, nine (9) two-bedroom units, and three (3) three-bedroom units, as generally illustrated in the plans prepared by BDP Quadrangle and dated May 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 five (5) studio units, fourteen (14) one-bedroom units, eight (8) two-bedroom units, and three (3) three-bedroom units at affordable rents, as currently defined in the Official Plan, and the remaining five (5) studio units, eleven (11) one-bedroom units, and one (1) two-bedroom unit at mid-range rents, as currently defined in the Official Plan, for a period of at least ten (10) years beginning from the date of first occupancy of each unit. c. The location of the forty-seven (47) replacement rental units within the proposed development shall be determined prior to the issuance of Notice of Approval Conditions of site plan approval, to the satisfaction of the Chief Planner and Executive Director, City Planning; d. The owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the forty-seven (47) 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; e. The owner shall provide tenants of all forty-seven (47) 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 separate entrances or the need to pre-book or pay a fee unless specifically required as a customary practice for private bookings; f. The owner shall provide ensuite laundry in each replacement rental dwelling unit within the proposed development at no additional cost to tenants; g. The owner shall provide central air conditioning in each replacement rental dwelling unit within the proposed development at no additional cost to tenants; h. The owner shall provide and make available nine (9) vehicle parking spaces to returning tenants of the replacement rental dwelling units who previously leased vehicle parking spaces as part of their residential lease agreements, and at similar monthly parking charges that such tenants previously paid, in the existing building. Should returning tenants who previously leased vehicle parking spaces elect to lease fewer than nine (9) vehicle parking spaces 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 six (6) vehicular parking spaces to tenants of the replacement rental units, and on the same terms and conditions as any other resident of the development; i. 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; j. The owner shall provide tenants of the replacement rental dwelling units with access to any storage lockers in the proposed development on the same terms and conditions as any other resident of the development; k. The forty-seven (47) rental dwelling units required in Recommendation 7.a above shall be made ready and available for occupancy no later than the date by which seventy percent (70%) 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 l. The owner shall enter into, and register on title to the lands, one or more agreement(s) to secure the conditions outlined in Recommendation 7.a thought k., 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. 7. 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 forty-seven (47) rental dwelling units at 1801-1807 Eglinton Avenue West after all the following has occurred: a. All conditions in Recommendation 7 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; 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 Recommendation 7 and any other requirements of the Zoning By-law Amendment (if applicable). 8. 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 7 above. 9. 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 1801-1807 Eglinton Avenue West after the Chief Planner and Executive Director, City Planning has given the Preliminary Approval referred to in Recommendation 7 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 at the discretion of the Chief Planner and Executive Director, City Planning; and d. Should the owner fail to complete the proposed development containing the forty-seven (47) replacement rental dwelling units within the time specified in Recommendation 10.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. 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 other related agreements.

  Clerk’s note

  The Toronto and East York Community Council held a statutory public meeting on June 29, 2022 and notice was given in accordance with the Planning Act.

• 2022-07-19 · Toronto City Council · adopted