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Toronto and East York Community Council · 2023-09-19 · 2023.TE7.9

The filed record

16, 32, 44 and 66 Walpole Avenue - Official Plan Amendment and Rental Housing Applications - Decision Report - Approval

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The decision

2023-10-11 · Toronto City Council · adopted

As filed

City Council on October 11 and 12, 2023, adopted the following: 1. City Council amend the Official Plan for the lands at 16, 32, 44 and 66 Walpole Avenue substantially in accordance with the draft Official Plan Amendment included as Attachment 5 to the report (August 31, 2023) from the Acting Director, Community Planning, Toronto and East York District. 2. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment as may be required.

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3. City Council approve Rental Housing Conversion Application 23 150069 STE 14 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to sever the residential rental property containing one hundred and twenty two rental dwelling units at 16, 32, 44 and 66 Walpole Avenue into three separate properties, with 16 Walpole Avenue and 32 Walpole Avenue containing fewer than six rental dwelling units, subject to the following conditions: a. the Owner shall apply for, and obtain approval of, a Consent from the Committee of Adjustment or the Toronto Local Appeal Body, if applicable, to permit the severance of the lands at 16, 32, 44 and 66 Walpole Avenue into three separate properties for the purposes of conveying 16 Walpole Avenue and 32 Walpole Avenue to a qualified non-profit housing provider as part of the Tenants First Initiative; b. the Owner of the lands at 16 Walpole Avenue shall continue to provide and maintain one three-bedroom rental unit, as a social housing unit for a period of at least 99 years from the date of issuance of the Certificate of Official permitting the severance of the lands at 16, 32, 44 and 66 Walpole Avenue, subject to a social housing program described in Section 453.1 of the City of Toronto Act, 2006 ("social housing"); during such 99-year period, no social housing 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 or convert any social housing unit to a non-residential rental purpose without replacement of the same; c. the Owner of the lands at 16 Walpole Avenue shall continue to provide the one social housing unit required in Part 3.b. above at rents-geared-to-income for a period of at least 25 years from the date of issuance of the Certificate of Official permitting the severance of the lands at 16, 32, 44 and 66 Walpole Avenue, subject to the continued provision of funding from federal, provincial, and/or municipal government programs; d. the Owner of the lands at 32 Walpole Avenue shall continue to provide and maintain one three-bedroom rental unit, as a social housing unit for a period of at least 99 years from the date of issuance of the Certificate of Official permitting the severance of the lands at 16, 32, 44 and 66 Walpole Avenue, subject to a social housing program described in Section 453.1 of the City of Toronto Act, 2006 ("social housing"); during such 99-year period, no social housing 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 or convert any social housing unit to a non-residential rental purpose without replacement of same; e. the Owner of the lands at 32 Walpole Avenue shall continue to provide the one social housing unit required in Part 3.b. above at rents-geared-to-income for a period of at least 25 years from the date of issuance of the Certificate of Official permitting the severance of the lands at 16, 32, 44 and 66 Walpole Avenue, subject to the continued provision of funding from federal, provincial, and/or municipal government programs; f. the Owner of the lands at 44 and 66 Walpole Avenue shall continue to provide and maintain 120 rental dwelling units, including 29 one-bedroom units, 74 two-bedroom units and 17 three-bedroom units as social housing units for a period of at least 99 years from the date of issuance of the Certificate of Official permitting the severance of the lands at 16, 32, 44 and 66 Walpole Avenue, subject to a social housing program described in Section 453.1 of the City of Toronto Act, 2006 ("social housing"); during such 99-year period, no social housing 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 or convert any social housing unit to a non-residential rental purpose without replacement of same; g. the Owner of the lands at 44 and 66 Walpole Avenue shall continue to provide the 120 rental dwelling units required in Part 3.f. above at rents-geared-to-income for a period of at least 25 years from the date of issuance of the Certificate of Official permitting the severance of the lands at 16, 32, 44 and 66 Walpole Avenue is final and binding, subject to the continued provision of funding from federal, provincial, and/or municipal government programs; and h. the Owner shall enter into, and register on title to the lands at 16, 32, 44 and 66 Walpole Avenue, an agreement pursuant to Section 111 and 453.1 of the City of Toronto Act, 2006 to secure the conditions outlined in Parts 3.b. to 3.e. above, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning. 4. City Council authorize the Chief Planner and Executive Director, City Planning to issue Preliminary Approval of the application under Chapter 667 of the Toronto Municipal Code for the severance of the residential rental property at 16, 32, 44 and 66 Walpole Avenue after all of the following have occurred: a. the conditions in Part 3 above have been fully satisfied and secured; b. the severance is final and binding; and c. the execution and registration on title of agreements pursuant to Sections 111 and 453.1 of the City of Toronto Act, 2006 for 16, 32, 44 and 66 Walpole Avenue respectively, securing the conditions in Part 3 above.

On the agenda

As the city filed it

The Toronto Community Housing Corporation (TCHC) is applying to amend the Official Plan and seek approval under Chapter 667 of the Toronto Municipal Code to facilitate the severance of the parcels at 16 and 32 Walpole Avenue from 44 and 66 Walpole Avenue to facilitate the transfer of ownership of 16 and 32 Walpole Avenue from Toronto Community Housing Corporation to Circle Community Land Trust ("CCL"), a non-profit housing operator.

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Toronto Community Housing Corporation will retain ownership of 44 and 66 Walpole Avenue. The applications are in support of the Tenants First initiative. This proposal does not make any changes to physical forms or functions on site and all 122 rental housing units will remain intact in their existing buildings, with no impacts to existing tenants and rents. The City of Toronto and Circle Community Land Trust have already entered into a Social Housing Agreement, which will be registered on 16 and 32 Walpole Avenue upon transfer of title. This agreement will ensure that 16 and 32 Walpole Avenue will continue to be provided and maintained by future owners as social housing with rents-geared-to-income. There will be no changes to the existing tenancies, and tenants will continue to reserve their existing rights under the Residential Tenancies Act, 2006. The proposal is consistent with the Provincial Policy Statement and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe. This report reviews and recommends approval of the application to amend the Official Plan and the Rental Housing Conversion application under Chapter 667 of the Toronto Municipal Code in order to implement the City's Tenants First Initiative.

Staff recommended

The Acting Director, Community Planning, Toronto and East York District, recommends that: 1. City Council amend the Official Plan for the lands at 16, 32, 44 and 66 Walpole Avenue substantially in accordance with the draft Official Plan Amendment included as Attachment 5 to this report. 2. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment as may be required.

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3. City Council approve the Rental Housing Conversion application (23 150069 STE 14 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to sever the residential rental property containing one hundred and twenty two (122) rental dwelling units at 16, 32, 44 and 66 Walpole Avenue into three separate properties, with 16 Walpole Avenue and 32 Walpole Avenue containing fewer than six (6) rental dwelling units, subject to the following conditions: a. The owner shall apply for, and obtain approval of, a Consent from the Committee of Adjustment or the Toronto Local Appeal Body, if applicable, to permit the severance of the lands at 16, 32, 44 and 66 Walpole Avenue into three separate properties for the purposes of conveying 16 Walpole Avenue and 32 Walpole Avenue to a qualified non-profit housing provider as part of the Tenants First Initiative; b. The owner of the lands at 16 Walpole Avenue shall continue to provide and maintain one (1) three-bedroom rental unit, as a social housing unit for a period of at least 99 years from the date of issuance of the Certificate of Official permitting the severance of the lands at 16, 32, 44 and 66 Walpole Avenue, subject to a social housing program described in Section 453.1 of the City of Toronto Act, 2006 ("social housing"). During such 99-year period, no social housing 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 or convert any social housing unit to a non-residential rental purpose without replacement of the same; c. The owner of the lands at 16 Walpole Avenue shall continue to provide the one (1) social housing unit required in Recommendation 3.b above at rents-geared-to-income for a period of at least 25 years from the date of issuance of the Certificate of Official permitting the severance of the lands at 16, 32, 44 and 66 Walpole Avenue, subject to the continued provision of funding from federal, provincial, and/or municipal government programs; d. The owner of the lands at 32 Walpole Avenue shall continue to provide and maintain one (1) three-bedroom rental unit, as a social housing unit for a period of at least 99 years from the date of issuance of the Certificate of Official permitting the severance of the lands at 16, 32, 44 and 66 Walpole Avenue, subject to a social housing program described in Section 453.1 of the City of Toronto Act, 2006 ("social housing"). During such 99-year period, no social housing 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 or convert any social housing unit to a non-residential rental purpose without replacement of same; e. The owner of the lands at 32 Walpole Avenue shall continue to provide the one (1) social housing unit required in Recommendation 3.b above at rents-geared-to-income for a period of at least 25 years from the date of issuance of the Certificate of Official permitting the severance of the lands at 16, 32, 44 and 66 Walpole Avenue, subject to the continued provision of funding from federal, provincial, and/or municipal government programs; d. The owner of the lands at 44 and 66 Walpole Avenue shall continue to provide and maintain one hundred and twenty (120) rental dwelling units, including twenty-nine (29) one-bedroom units, seventy-four (74) two-bedroom units and seventeen (17) three bedroom units as social housing units for a period of at least 99 years from the date of issuance of the Certificate of Official permitting the severance of the lands at 16, 32, 44 and 66 Walpole Avenue, subject to a social housing program described in Section 453.1 of the City of Toronto Act, 2006 ("social housing"). During such 99-year period, no social housing 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 or convert any social housing unit to a non-residential rental purpose without replacement of same; g. The owner of the lands at 44 and 66 Walpole Avenue shall continue to provide the 120 rental dwelling units required in Recommendation 3.f above at rents-geared-to-income for a period of at least 25 years from the date of issuance of the Certificate of Official permitting the severance of the lands at 16, 32, 44 and 66 Walpole Avenue is final and binding, subject to the continued provision of funding from federal, provincial, and/or municipal government programs; and h. The owner shall enter into, and register on title to the lands at 16, 32, 44 and 66 Walpole Avenue, an agreement pursuant to Section 111 and 453.1 of the City of Toronto Act, 2006 to secure the conditions outlined in Recommendations 3.b. to 3.e. above, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning. 4. City Council authorize the Chief Planner and Executive Director, City Planning to issue Preliminary Approval of the application under Chapter 667 of the Toronto Municipal Code for the severance of the residential rental property at 16, 32, 44 and 66 Walpole Avenue after all of the following have occurred: a. the conditions in Recommendation 3 above have been fully satisfied and secured; b. the severance is final and binding; and c. the execution and registration on title of agreements pursuant to Sections 111 and 453.1 of the City of Toronto Act, 2006 for 16, 32, 44 and 66 Walpole Avenue respectively, securing the conditions in Recommendation 3 above.

Considered

  • 2023-09-19 · Toronto and East York Community Council · adopted

    Decision as filed

    The Toronto and East York Community Council recommends that: 1. City Council amend the Official Plan for the lands at 16, 32, 44 and 66 Walpole Avenue substantially in accordance with the draft Official Plan Amendment included as Attachment 5 to the report (August 31, 2023) from the Acting Director, Community Planning, Toronto and East York District. 2. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment as may be required.

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    3. City Council approve the Rental Housing Conversion Application (23 150069 STE 14 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to sever the residential rental property containing one hundred and twenty two (122) rental dwelling units at 16, 32, 44 and 66 Walpole Avenue into three separate properties, with 16 Walpole Avenue and 32 Walpole Avenue containing fewer than six (6) rental dwelling units, subject to the following conditions: a. the owner shall apply for, and obtain approval of, a Consent from the Committee of Adjustment or the Toronto Local Appeal Body, if applicable, to permit the severance of the lands at 16, 32, 44 and 66 Walpole Avenue into three separate properties for the purposes of conveying 16 Walpole Avenue and 32 Walpole Avenue to a qualified non-profit housing provider as part of the Tenants First Initiative; b. the owner of the lands at 16 Walpole Avenue shall continue to provide and maintain one (1) three-bedroom rental unit, as a social housing unit for a period of at least 99 years from the date of issuance of the Certificate of Official permitting the severance of the lands at 16, 32, 44 and 66 Walpole Avenue, subject to a social housing program described in Section 453.1 of the City of Toronto Act, 2006 ("social housing"); during such 99-year period, no social housing 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 or convert any social housing unit to a non-residential rental purpose without replacement of the same; c. the owner of the lands at 16 Walpole Avenue shall continue to provide the one (1) social housing unit required in Recommendation 3.b. above at rents-geared-to-income for a period of at least 25 years from the date of issuance of the Certificate of Official permitting the severance of the lands at 16, 32, 44 and 66 Walpole Avenue, subject to the continued provision of funding from federal, provincial and/or municipal government programs; d. the owner of the lands at 32 Walpole Avenue shall continue to provide and maintain one (1) three-bedroom rental unit, as a social housing unit for a period of at least 99 years from the date of issuance of the Certificate of Official permitting the severance of the lands at 16, 32, 44 and 66 Walpole Avenue, subject to a social housing program described in Section 453.1 of the City of Toronto Act, 2006 ("social housing"); during such 99-year period, no social housing 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 or convert any social housing unit to a non-residential rental purpose without replacement of same; e. the owner of the lands at 32 Walpole Avenue shall continue to provide the one (1) social housing unit required in Recommendation 3.b. above at rents-geared-to-income for a period of at least 25 years from the date of issuance of the Certificate of Official permitting the severance of the lands at 16, 32, 44 and 66 Walpole Avenue, subject to the continued provision of funding from federal, provincial and/or municipal government programs; f. the owner of the lands at 44 and 66 Walpole Avenue shall continue to provide and maintain one hundred and twenty (120) rental dwelling units, including twenty-nine (29) one-bedroom units, seventy-four (74) two-bedroom units and seventeen (17) three bedroom units as social housing units for a period of at least 99 years from the date of issuance of the Certificate of Official permitting the severance of the lands at 16, 32, 44 and 66 Walpole Avenue, subject to a social housing program described in Section 453.1 of the City of Toronto Act, 2006 ("social housing"); during such 99-year period, no social housing 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 or convert any social housing unit to a non-residential rental purpose without replacement of same; g. the owner of the lands at 44 and 66 Walpole Avenue shall continue to provide the 120 rental dwelling units required in Recommendation 3.f. above at rents-geared-to-income for a period of at least 25 years from the date of issuance of the Certificate of Official permitting the severance of the lands at 16, 32, 44 and 66 Walpole Avenue is final and binding, subject to the continued provision of funding from federal, provincial and/or municipal government programs; and h. the owner shall enter into, and register on title to the lands at 16, 32, 44 and 66 Walpole Avenue, an Agreement pursuant to Section 111 and 453.1 of the City of Toronto Act, 2006, to secure the conditions outlined in Recommendations 3.b. to 3.e. above, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning. 4. City Council authorize the Chief Planner and Executive Director, City Planning to issue Preliminary Approval of the application under Chapter 667 of the Toronto Municipal Code for the severance of the residential rental property at 16, 32, 44 and 66 Walpole Avenue after all of the following have occurred: a. the conditions in Recommendation 3 above have been fully satisfied and secured; b. the severance is final and binding; and c. the execution and registration on title of Agreements pursuant to Sections 111 and 453.1 of the City of Toronto Act, 2006, for 16, 32, 44 and 66 Walpole Avenue respectively, securing the conditions in Recommendation 3 above.

    Clerk’s note

    The Toronto and East York Community Council held a statutory public meeting on September 19, 2023 and notice was given in accordance with the Planning Act.

  • 2023-10-11 · Toronto City Council · adopted

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