2328 to 2350 Kingston Road - Rental Housing Demolition Application - Decision Report - Approval

The Minor Variance application was approved, with Conditions, by the Committee of Adjustment on June 1, 2023. One of the conditions necessary to be fulfilled to authorize the approved variances was City Council's approval of this Rental Housing Demolition application. 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. The recommended approval is based on the owner replacing the 7 existing rental units by their respective unit types and sizes and at similar rents to those in effect at the time of application; providing an acceptable Tenant Relocation and Assistance Plan to mitigate hardship for existing tenants; and securing other matters to the satisfaction to the Chief Planner and Executive Director, City Planning Division and Chief Building Official and Executive Director, Toronto Building Division.

The Owner shall provide and maintain seven (7) 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. During such 20-year period, 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 replacement. The replacement rental dwelling units shall be comprised of one (1) studio unit, three (3) one-bedroom units, and three (3) two-bedroom units, as generally illustrated in the plans submitted to the City Planning Division dated September 30, 2022 and any revision to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning Division; b. The Owner shall, as part of the seven (7) replacement rental units required in Recommendation 1.a. above, provide at least one (1) studio unit, two (2) one-bedroom units and two (2) two-bedroom replacement rental dwelling units at affordable rents, defined as gross monthly rent no greater than one times the average City of Toronto rent by unit type, as reported annually by the Canada Mortgage and Housing Corporation, and one (1) one-bedroom and one (1) two-bedroom replacement rental dwelling units at mid-range rent, defined as gross monthly rent that exceeds Affordable Rent but is no greater than 1.5 times the average City of Toronto rent by unit type, as reported annually by the Canada Mortgage and Housing Corporation, all 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 seven (7) 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 and other assistance, including a rent gap payment, 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 seven (7) replacement rental dwelling units with access to, and use of, all indoor and outdoor amenities in the proposed 10-storey mixed use building at no extra charge. 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 a customary practice for private bookings; e. The Owner shall provide ensuite laundry and central air conditioning in each replacement rental dwelling unit; f. The Owner shall provide tenants of the replacement rental dwelling units with access to all bicycle and visitor parking on the same terms and conditions as any other resident of the proposed development, and in accordance with the Zoning By-law; g. The rental dwelling units required in as part of Recommendation 1a and 1b 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 10-storey mixed use building, exclusive of the replacement rental units, are made available and ready for occupancy; and h. The Owner shall enter into, and register on title to the lands at 2328, 2330, 2334, 2340, 2342, 2344, 2346 and 2350 Kingston Road, one or more agreement(s) to secure the Conditions outlined in Parts 1a. through 1g. 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. 2. City Council authorize the Chief Planner and Executive Director, City Planning Division, to issue Preliminary Approval for 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 all or any of the seven (7) existing rental dwelling units at 2340, 2342, 2344, and 2346 Kingston Road after all of the following have occurred: a. All Conditions in Recommendation 1 above have been fully satisfied or secured; b. The Minor Variance for 2328 to 2350 Kingston Road is final and binding; c. The issuance of the Notice of Approval Conditions for site plan approval by the Chief Planner and Executive Director, City Planning Division, 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 City's receipt of confirmation that all existing rental dwelling units 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 Division, 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 2340, 2342, 2344, 2346 and 2350 Kingston Road after the Chief Planner and Executive Director, City Planning Division, has issued the Preliminary Approval referred to in Recommendation 2, which may be included in the demolition permit for Chapter 667 under 363-6.2, of the Toronto Municipal Code, on condition that: a. The Owner shall remove all debris and rubble from the site immediately after demolition; b. The Owner shall erect solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building; c. The Owner erects the proposed mixed-use building containing the replacement rental dwelling units on the site no later than three (3) years from the date that the demolition of the existing buildings is commenced, 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 10-storey building within the time specified in Recommendation 4 (c) above, the City Clerk shall be entitled to enter on the collector's roll, to be collected in a like manner as municipal taxes, the sum of twenty thousand dollars ($20,000.00) for each rental dwelling unit for which a demolition permit is issued, and that each sum shall, until payment, be a lien or charge upon the land for which the demolition permit is issued. 5. City Council authorize the appropriate City officials to take such actions as are necessary to implement the foregoing, including execution of the Section 111 Agreement.