83-89 Queen Street East and 119-127 Church Street - Zoning By-law Amendment and Rental Housing Demolition Applications - Decision Report - Approval

Considered

• 2024-01-24 · Toronto and East York Community Council · adopted

  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 83-89 Queen Street East and 119-127 Church Street substantially in accordance with the draft Zoning By-law Amendment included as Attachment 5 to the report (January 8, 2024) from the 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 Zoning By-law Amendment, as may be required.

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  3. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to: a. submit a Functional Servicing Report, Hydrogeological Report, Hydrogeological Review Summary Form, and the Foundation Drainage Summary Form and Technical Brief for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; b. should it be determined that improvements to private infrastructure are required and acceptable to service the development, provide confirmation that the necessary agreements have been entered into, to satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water; c. should it be determined that upgrades to municipal infrastructure and road improvements are required to support the development according to the Transportation Impact Study, accepted by the General Manager, Transportation Services and the Functional Servicing Report, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, enter into a Municipal Infrastructure Agreement to financially secure the construction of any improvements to municipal infrastructure, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; d. enter into a Heritage Easement Agreement with the City for the properties at 119 and 127 (121-123) Church Street and 89 Queen Street East substantially in accordance with the plans and drawings dated November 10, 2023, prepared by Arcadis and on file with the Senior Manager, Heritage Planning, the Heritage Impact Assessment prepared by GBCA Architects, dated November 10, 2023, subject to and in accordance with the Conservation Plan required in Recommendation 3.e. below, to the satisfaction of the Senior Manager, Heritage Planning, including execution of such agreement to the satisfaction of the City Solicitor; and e. provide a detailed Conservation Plan that includes an appropriate strategy for all ground level storefronts and a Reconstruction Strategy for the building at 119 Church Street, to be prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment for the properties at 127 (121-123) Church Street and 89 Queen Street East prepared by GBCA Architects, dated November 10, 2023, to the satisfaction of the Senior Manager, Heritage Planning. 4. City Council approve the Rental Housing Demolition Application File 22 232694 STE 13 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 seventeen (17) existing rental dwelling units at 83-89 Queen Street East and 119-127 Church Street, subject to the following conditions: a. the owner shall provide and maintain seventeen (17) replacement rental dwelling units at 83-89 Queen Street East and 119-127 Church Street for a period of at least 20 years beginning from the date that each replacement rental 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 seventeen (17) replacement rental dwelling units shall collectively have a total gross floor area of at least 1,040 square metres and shall be comprised of eight (8) one-bedroom units, eight (8) two-bedroom units and one (1) three-bedroom unit, as generally illustrated in the plans submitted to the City Planning Division dated November 10, 2023; and 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 seventeen (17) replacement rental dwelling units required in Recommendation 4.a. above, provide and maintain at least four (4) one-bedroom, two (2) two-bedroom and one (1) three-bedroom replacement rental dwelling units at affordable rents, one (1) two-bedroom replacement rental dwelling unit at mid-range (affordable) rents, and four (4) one-bedroom, and four (4) two-bedroom replacement rental dwelling units at mid-range (moderate) rents as currently defined in the City's Official Plan, all for a period of at least 10 years beginning from the date of first occupancy of each unit; the rent of the remaining one (1) replacement rental dwelling unit shall be unrestricted; c. the owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the seventeen (17) existing rental dwelling units proposed to be demolished at 83-89 Queen Street East and 119-127 Church Street, 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; d. the owner shall provide tenants of seventeen (17) 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 at no extra charge; f. the owner shall provide central air conditioning in each replacement rental dwelling unit at no extra charge; g. the owner shall provide tenants of all replacement rental dwelling units with access to bicycle and visitor vehicular parking on the same terms and conditions as any other resident of the proposed building; h. the seventeen (17) replacement rental dwelling units required in Recommendation 4.a. above shall be made ready and available for occupancy no later than the date by which seventy 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 i. the owner shall enter into, and register on title to the lands at 83-89 Queen Street East and 119-127 Church Street an agreement pursuant to Section 111 of the City of Toronto Act, 2006 to secure the conditions outlined in Recommendations 4.a. through 4.h. above, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning. 5. 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 the seventeen (17) existing rental dwelling units at 83-89 Queen Street East and 119-127 Church Street after all the following have occurred: a. all conditions in Recommendation 4 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 permits) 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. 6. 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 Preliminary Approval referred to in Recommendation 5 above. 7. 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 83-89 Queen Street East and 119-127 Church Street after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Recommendation 5 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 four (4) 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 Recommendation 7.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. 8. City Council authorize the appropriate City officials to take such actions as are necessary, including execution of the Section 111 Agreements and any other related agreements.

  Clerk’s note

  The Toronto and East York Community Council held a statutory public meeting on January 24, 2024 and notice was given in accordance with the Planning Act.

• 2024-02-06 · Toronto City Council · adopted