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North York Community Council · 2024-07-09 · 2024.NY15.6

The filed record

1265 Wilson Avenue - Rental Housing Demolition Application - Decision Report - Approval

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The decision

2024-07-24 · Toronto City Council · adopted

As filed

City Council on July 24 and 25, 2024, adopted the following: 1. City Council approve the Rental Housing Demolition Application 21 219452 NNY 06 RH in accordance with City of Toronto Municipal Code Chapter 667, and pursuant to Section 111 of the City of Toronto Act, 2006, which allows for the demolition of 61 existing rental dwelling units located at 1265 Wilson Avenue, subject to the following conditions: a. the owner

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shall provide and maintain 61 replacement rental dwelling units on the subject site for a period of at least 20 years beginning from the date that each replacement rental dwelling unit is first occupied and, during which time, 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 providing for replacement; the replacement rental dwelling units shall collectively have a total gross floor area of at least 4,640 square metres and be comprised of 1 studio unit, 30 one-bedroom units and 30 two-bedroom units, as generally illustrated in the plans dated January 24, 2024, and submitted to City Planning on January 30, 2024. Any revision to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning; b. the owner shall, as part of the 61 replacement rental dwelling units required in Part 1.a above, provide at least 1 studio unit, 25 one-bedroom units, and 24 two-bedroom units 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 5 one-bedroom units, and 6 two-bedroom units at mid-range rents, 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, all for a period of at least 10 years beginning from the date of first occupancy of each unit; and rents shall not include additional charges for ensuite laundry or central air conditioning; c. the owner shall provide an access plan addressing how replacement rental dwelling units will be occupied, including the use of the City's Centralized Affordable Rental Housing Access System or, where the system is not yet in place, to tenants who have demonstrated that they are in need of affordable rental housing through a fair and transparent process developed in consultation and to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat; d. the owner shall provide tenants of all 61 replacement rental dwelling units with access to, and use of, all indoor and outdoor amenities in the proposed 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 in each replacement rental dwelling unit; f. the owner shall provide central air conditioning in each replacement rental dwelling unit within the proposed building; g. the owner shall provide and make available for rent at least 44 vehicle parking spaces to tenants of the replacement rental dwelling units on the same terms and conditions as any other resident of the proposed residential building; h. the owner shall provide tenants of all replacement rental dwelling units with access to bicycle and visitor parking on the same terms and conditions as any other resident of the proposed residential building; i. the owner shall provide an acceptable Tenant Relocation and Assistance Plan for all Eligible Tenants of the number 61 existing rental dwelling units proposed to be demolished at 1265 Wilson Avenue, 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; j. the owner shall provide tenant relocation and assistance to all Post Application Tenants, all to the satisfaction of the Chief Planner and Executive Director, City Planning; k. the replacement rental dwelling units required in Part 1.a. above shall be made ready and available for occupancy no later than the date by which 70 percent of the new dwelling units in the proposed development, exclusive of the replacement rental dwelling 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 at 1265 Wilson Avenue, an agreement pursuant to Section 111 of the City of Toronto Act, 2006, to secure the conditions outlined in Parts 1.a. through 1.k. above 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, to issue Preliminary Approval of the Rental Housing Demolition Permit under City of Toronto Municipal Code Chapter 667, pursuant to Section 111 of the City of Toronto Act, 2006, for the demolition of the 61 existing rental dwelling units located at 1265 Wilson Avenue after all the following have occurred: a. all conditions in Part 1 above 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 permit) for the approved development on the site; and e. the owner has confirmed, in writing, that all existing rental dwelling units proposed 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 City of Toronto Municipal Code Chapter 667, after the Chief Planner and Executive Director, City Planning, has given Preliminary Approval referred to in Part 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 City of Toronto Municipal Code Chapter 363, for 1265 Wilson Avenue after the Chief Planner and Executive Director, City Planning, has given Preliminary Approval referred to in Part 2 above, which may be included in the Rental Housing Demolition Permit under City of Toronto Municipal Code Chapter 667, pursuant to section 6.2 of City of Toronto Municipal Code 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 on the site no later than three (3) years from the date that the demolition of the 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 building within the time specified in Part 4.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. 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 and any other related agreements.

On the agenda

As the city filed it

This Rental Housing Demolition application proposes to demolish a total of 61 existing rental dwelling units at 1265 Wilson Avenue, provide a tenant relocation and assistance plan and replace them with 61 new rental units with the same unit types, similar sizes, and at similar rents to those in effect at the time of the application. The properties are also the subject of a Zoning By-law Amendment applications (21 219425 NNY 06 OZ) which were appealed to the Ontario Land Tribunal (OLT).

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The Ontario Land Tribunal issued a written decision on April 8, 2024, approving the Zoning By-law Amendment in principle, with the final Order being withheld until all outstanding matters, including the rental housing matters and necessary agreements with the City, are secured. This report reviews and 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 conditions to replace the existing rental housing.

Staff recommended

The Director, Community Planning North York District recommends that: 1. City Council approve the Rental Housing Demolition application File No. 21 219452 NNY 06 RH in accordance with Chapter 667 of the Toronto Municipal Code and pursuant to Section 111 of the City of Toronto Act, 2006, which allows for the demolition of 61 existing rental dwelling units located at 1265 Wilson Avenue, subject to the following conditions: a.

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The owner shall provide and maintain 61 replacement rental dwelling units on the subject site for a period of at least 20 years beginning from the date that each replacement rental dwelling unit is first occupied and, during which time, 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 providing for replacement. The replacement rental dwelling units shall collectively have a total gross floor area of at least 4,640 square metres and be comprised of 1 studio unit, 30 one-bedroom units and 30 two-bedroom units, as generally illustrated in the plans dated January 24, 2024 and submitted to the City Planning Division on January 30, 2024. 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 61 replacement rental dwelling units required in Recommendation 1.a above, provide at least 1 studio unit, 25 one-bedroom units, and 24 two-bedroom units 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 5 one-bedroom units, and 6 two-bedroom units at mid-range rents, 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, all for a period of at least 10 years beginning from the date of first occupancy of each unit; and rents shall not include additional charges for ensuite laundry or central air conditioning; c. The owner shall provide an access plan addressing how replacement rental dwelling units will be occupied, including the use of the City's Centralized Affordable Rental Housing Access System or, where the system is not yet in place, to tenants who have demonstrated that they are in need of affordable rental housing through a fair and transparent process developed in consultation and to the satisfaction of the Chief Planner and Executive Director, City Planning and Executive Director, Housing Secretariat; d. The owner shall provide tenants of all 61 replacement rental dwelling units with access to, and use of, all indoor and outdoor amenities in the proposed 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 in each replacement rental dwelling unit; f. The owner shall provide central air conditioning in each replacement rental dwelling unit within the proposed building; g. The owner shall provide and make available for rent at least 44 vehicle parking spaces to tenants of the replacement rental dwelling units on the same terms and conditions as any other resident of the proposed residential building; h. The owner shall provide tenants of all replacement rental dwelling units with access to bicycle and visitor parking on the same terms and conditions as any other resident of the proposed residential building; i. The owner shall provide an acceptable Tenant Relocation and Assistance Plan for all Eligible Tenants of the number 61 existing rental dwelling units proposed to be demolished at 1265 Wilson Avenue, 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; j. The owner shall provide tenant relocation and assistance to all Post Application Tenants, all to the satisfaction of the Chief Planner and Executive Director, City Planning Division k. The replacement rental dwelling units required in recommendation 1.a. above shall be made ready and available for occupancy no later than the date by which 70 percent of the new dwelling units in the proposed development, exclusive of the replacement rental dwelling 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 at 1265 Wilson 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.k. above all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning Division. 2. City Council authorize the Chief Planner and Executive Director, City Planning Division, 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 the 61 existing rental dwelling units located at 1265 Wilson Avenue after all the following have occurred: a. All conditions in Recommendation 1 above 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 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 owner has confirmed, in writing, that all existing rental dwelling units proposed to be demolished are vacant. 3. City Council authorize the Chief Building Official and Executive Director, Toronto Building Division 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 Division to issue a Residential Demolition Permit under Section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 1265 Wilson Avenue after the Chief Planner and Executive Director, City Planning Division has given Preliminary Approval referred to in Recommendation 2 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 on the site no later than three (3) years from the date that the demolition of the existing rental dwelling units commences, 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 building within the time specified in Recommendation 4.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. 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 and any other related agreements.

Considered

  • 2024-07-09 · North York Community Council · adopted

    Decision as filed

    North York Community Council recommends that: 1. City Council approve the Rental Housing Demolition application File Number 21 219452 NNY 06 RH in accordance with Chapter 667 of the Toronto Municipal Code and pursuant to Section 111 of the City of Toronto Act, 2006, which allows for the demolition of 61 existing rental dwelling units located at 1265 Wilson Avenue, subject to the following conditions: a. The owner shall

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    provide and maintain 61 replacement rental dwelling units on the subject site for a period of at least 20 years beginning from the date that each replacement rental dwelling unit is first occupied and, during which time, 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 providing for replacement. The replacement rental dwelling units shall collectively have a total gross floor area of at least 4,640 square metres and be comprised of 1 studio unit, 30 one-bedroom units and 30 two-bedroom units, as generally illustrated in the plans dated January 24, 2024 and submitted to the City Planning Division on January 30, 2024. 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 61 replacement rental dwelling units required in Recommendation 1.a above, provide at least 1 studio unit, 25 one-bedroom units, and 24 two-bedroom units 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 5 one-bedroom units, and 6 two-bedroom units at mid-range rents, 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, all for a period of at least 10 years beginning from the date of first occupancy of each unit; and rents shall not include additional charges for ensuite laundry or central air conditioning; c. The owner shall provide an access plan addressing how replacement rental dwelling units will be occupied, including the use of the City's Centralized Affordable Rental Housing Access System or, where the system is not yet in place, to tenants who have demonstrated that they are in need of affordable rental housing through a fair and transparent process developed in consultation and to the satisfaction of the Chief Planner and Executive Director, City Planning and Executive Director, Housing Secretariat; d. The owner shall provide tenants of all 61 replacement rental dwelling units with access to, and use of, all indoor and outdoor amenities in the proposed 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 in each replacement rental dwelling unit; f. The owner shall provide central air conditioning in each replacement rental dwelling unit within the proposed building; g. The owner shall provide and make available for rent at least 44 vehicle parking spaces to tenants of the replacement rental dwelling units on the same terms and conditions as any other resident of the proposed residential building; h. The owner shall provide tenants of all replacement rental dwelling units with access to bicycle and visitor parking on the same terms and conditions as any other resident of the proposed residential building; i. The owner shall provide an acceptable Tenant Relocation and Assistance Plan for all Eligible Tenants of the number 61 existing rental dwelling units proposed to be demolished at 1265 Wilson Avenue, 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; j. The owner shall provide tenant relocation and assistance to all Post Application Tenants, all to the satisfaction of the Chief Planner and Executive Director, City Planning Division k. The replacement rental dwelling units required in recommendation 1.a. above shall be made ready and available for occupancy no later than the date by which 70 percent of the new dwelling units in the proposed development, exclusive of the replacement rental dwelling 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 at 1265 Wilson 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.k. above all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning Division. 2. City Council authorize the Chief Planner and Executive Director, City Planning Division, 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 the 61 existing rental dwelling units located at 1265 Wilson Avenue after all the following have occurred: a. All conditions in Recommendation 1 above 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 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 owner has confirmed, in writing, that all existing rental dwelling units proposed to be demolished are vacant. 3. City Council authorize the Chief Building Official and Executive Director, Toronto Building Division 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 Division to issue a Residential Demolition Permit under Section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 1265 Wilson Avenue after the Chief Planner and Executive Director, City Planning Division has given Preliminary Approval referred to in Recommendation 2 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 on the site no later than three (3) years from the date that the demolition of the existing rental dwelling units commences, 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 building within the time specified in Recommendation 4.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. 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 and any other related agreements.

    Clerk’s note

    The North York Community Council held a statutory public meeting on July 9, 2024, and notice was given in accordance with the Planning Act.

  • 2024-07-24 · Toronto City Council · adopted

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