2-24 Temple Avenue - Rental Housing Demolition Application - Decision Report - Approval

City Council endorsed a settlement offer on December 14, 2022 and directed staff to request the Ontario Land Tribunal to withhold its Final Order on the appeals until such time as Council has made a decision on the Rental Housing Demolition application. The Ontario Land Tribunal issued a Decision, effective January 26, 2023, approving the Zoning By-law Amendment application appeal with conditions. 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, subject to replacement of the existing rental housing units and provision of a Tenant Relocation and Assistance Plan, to the satisfaction of 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 twenty-three (23) 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 twenty-three (23) replacement rental dwelling units shall collectively have a total gross floor area of at least 1,071.4 square metres and shall be comprised of fourteen (14) studio units, four (4) one-bedroom units, three (3) two-bedroom units, and two (2) three-bedroom units, as generally illustrated in the plans submitted to the City Planning Division dated August 22, 2023, 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 twenty-three (23) replacement rental dwelling units required in Recommendation 1.a. above, provide at least twelve (12) studio, and two (2) one-bedroom replacement rental dwelling units at affordable rents, defined as gross monthly rent no greater than one-hundred percent (100%) of the average City of Toronto rent by unit type, as reported annually by the Canada Mortgage and Housing Corporation, one (1) studio, one (1) one-bedroom and one (1) three-bedroom replacement rental dwelling units at mid-range rent, defined as gross monthly rent that exceeds Affordable Rent but is no greater than one-hundred and fifty percent (150%) of the average City of Toronto rent by unit type, as reported annually by the Canada Mortgage and Housing Corporation, and one (1) studio, one (1) one-bedroom, three (3) two-bedroom and one (1) three-bedroom replacement rental dwelling units at high-end rent, 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 twenty-three (23) 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 rent gap assistance, 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 Division; d. The Owner shall provide tenants of all twenty-three (23) replacement rental dwelling units with access to, and use of, all indoor and outdoor amenities in the proposed 14-storey residential 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 at no extra charge; f. The owner shall provide and make available for rent at least three (3) vehicle parking spaces to tenants of the replacement rental dwelling units. Such parking spaces shall be made available firstly to returning tenants who previously rented a resident vehicle parking space, and at similar monthly parking charges that such tenants previously paid. The remaining resident vehicle parking spaces shall be made available to tenants of the replacement rental units to the satisfaction of the Chief Planner and Executive Director, City Planning Division; g. The Owner shall provide tenants of the replacement rental dwelling units with access to 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; h. The replacement rental dwelling units required in Recommendation 1a 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 14-storey residential building, exclusive of the replacement rental units, are made available and ready for occupancy; and i. The owner shall enter into, and register on title to the lands at 2-24 Temple Avenue, an agreement pursuant to Section 111 of the City of Toronto Act, 2006 to secure the conditions outlined in Recommendations 1.a. through 1.h. above all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning Division. 2. City Council authorizes 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 twenty-three (23) existing rental dwelling units at 8-10, 14, 16, and 22 Temple Avenue after all of the following have occurred: a. All Conditions in Recommendation 1 above have been fully satisfied or 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 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 or will be vacant prior to the demolition of any existing rental unit. 3. City Council authorizes 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 authorizes 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 2-24 Temple Avenue 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 Rental Housing Demolition Permit under Chapter 667 pursuant to section 6.2 of Chapter 363, 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 residential 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 commenced, subject to the timeframe being extended to the discretion of the Chief Planner and Executive Director, City Planning Division; and d. Should the Owner fail to complete the proposed 14-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, 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. 5. 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.