566-576 Sherbourne Street and 29-37 Linden Street - Official Plan and Zoning By-law Amendment, and Rental Housing Demolition Applications - Decision Report - Approval

The site contains six properties designated under Part IV of the Ontario Heritage Act including 570 Sherbourne Street, 572 and 574 Sherbourne Street, 576 Sherbourne Street, 37 Linden Street, and 29 Linden Street, and one property, 31 Linden Street, which is listed on the Heritage Register. The proposal includes in-situ retention of the front elevations, portions of the return walls at the north and south ends, and significant portions of the gabled roofs of the properties fronting Sherbourne Street. The front elevation, return walls, and a portion of the mansard roof of the building at 29 Linden Street will be relocated to the east on Linden Street as part of the building design. The building at 31 Linden Street is proposed to be demolished. This report also reviews and recommends approval of the Rental Housing Demolition application. The proposal includes full replacement of the existing rental housing and a Tenant Relocation and Assistance Plan that addresses the right of existing tenants to return to replacement rental dwelling units at similar rents and financial compensation to mitigate hardship.

3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan and Zoning By-law Amendments as may be required. 4. City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the local Ward Councillor and the City Solicitor, to continue to work with the applicant to explore the feasibility of providing an in-kind community benefit, such as new affordable housing, pursuant to Section 37(6) of the Planning Act in the development and to report back to City Council for further instruction if the applicant offers such an in-kind community benefit. 5. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to: a. submit a Functional Servicing Report and Servicing Report Groundwater Summary form for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; the report will determine whether the municipal water, sanitary and storm sewer systems can support the proposed development and whether upgrades or improvements of the existing municipal infrastructure are required; b. make satisfactory arrangements with Engineering and Construction Services for work on the City's right-of-way should it be determined that municipal infrastructure upgrades and road improvements are required to support the development, according to the Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; provide financial security in an amount to be determined, submit engineering and inspection fees in an amount to be determined, and provide insurance, as required; and c. submit a Pedestrian Level Wind Study for review and acceptance to the satisfaction of the Chief Planner and Executive Director, City Planning. 6. City Council request the General Manager, Transportation Services to review and report back on the feasibility of amending Schedule B of the City of Toronto Municipal Code Chapter 925, Permit Parking, to exclude the development located at 566-576 Sherbourne Street and 29-37 Linden Street from Permit Parking. 7. City Council approve the Rental Housing Demolition application (File Number 23 195991 STE 13 RH) in accordance with Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 which allows for the demolition of 19 existing rental dwelling units at 566, 568, 570, 572 and 574 Sherbourne Street and 29-37 Linden Street, subject to the following conditions: a. the owner shall provide and maintain a minimum of 21 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. During such 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 21 replacement rental dwelling units shall be comprised of 10 studio units, 6 one-bedroom units, 3 two-bedroom units, and 2 three-bedroom units and shall collectively have a gross floor area of at least 973 square metres as generally illustrated in the plans submitted to the City Planning Division dated July 5, 2024, with any revision to these plans being to the satisfaction of the Chief Planner and Executive Director, City Planning Division; b. the owner shall, as part of the 21 replacement rental dwelling units, provide at least 2 two-bedroom units at affordable rents, 1 one-bedroom unit at mid-range (affordable) rent, 10 studio units and 5 one-bedroom units at mid-range (moderate) rents as currently defined in the Official Plan, all for a period of at least 10 years beginning from the date of first occupancy of each unit. The rents of the remaining 3 replacement rental dwelling units shall be unrestricted; c. the owner shall provide and maintain 632 square metres of dwelling room replacement area from 570 and 572 Sherbourne Street as 20 replacement rental studio units on the site, as generally illustrated in the plans submitted to the City Planning Division dated July 5, 2024, with any revision to these plans being to the satisfaction of the Chief Planner and Executive Director, City Planning Division, for a period of at least 20 years beginning from the date that each replacement rental studio 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; d. the owner shall, as part of the 20 replacement rental studio units, provide at least 10 units at affordable tier-two dwelling room rents and 10 units at mid-range tier-two dwelling room rents as defined in the Official Plan, all for a period of at least 15 years beginning from the date of first occupancy of each unit; e. the owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants, 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; f. the owner shall provide an access plan at least six months prior to the 41 replacement rental dwelling units being ready for occupancy which addresses how the 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 with, and to the satisfaction of, the Chief Planner and the Executive Director, City Planning and Executive Director, Housing Secretariat; g. the owner shall provide tenants of all 41 replacement rental dwelling units with access to, and use of, all indoor and outdoor amenities in the proposed building. 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; h. the owner shall provide ensuite laundry and central air conditioning in each of the 41 replacement rental dwelling units at no extra charge; i. the owner shall provide and make available for rent at least 1 vehicle parking space to tenants of the 41 replacement rental dwelling units. Such parking space shall be made available firstly to a returning tenant at similar monthly parking charges that such tenant previously paid and secondly to tenants of the replacement rental dwelling units; j. the owner shall provide tenants of all 41 replacement rental dwelling units with access to bicycle and visitor parking on the same terms and conditions as any other resident of the proposed building; k. the owner shall provide and make available 1 storage locker at no charge for Eligible Tenants and provide and maintain an additional minimum of 3 storage lockers to rent to tenants of the 41 replacement rental dwelling units on the same terms and conditions as any other resident of the proposed building; l. the 41 replacement rental dwelling units shall be made ready and available for occupancy no later than the date by which 70% 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 m. the owner shall enter into and register on title to the lands at 566-576 Sherbourne Street and 29-37 Linden Street an agreement pursuant to Section 111 of the City of Toronto Act, 2006 to secure the conditions outlined above, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning Division. 8. 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 for the demolition of the 19 existing rental dwelling units located at 29, 31, 33, 37 Linden Street and 566, 568, and 574 Sherbourne Street after all the following have occurred: a. all conditions in Recommendation 7 above have been fully satisfied or secured; b. the Official Plan Amendment has come into full force and effect; c. the Zoning By-law Amendment has come into full force and effect; d. 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, or as otherwise agreed to by the Chief Planner and Executive Director, City Planning Division; e. the issuance of excavation and shoring permits (conditional or full permit) for the approved development on the site; and f. the owner has confirmed, in writing, that all existing rental dwelling units proposed to be demolished are vacant. 9. 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 8 above. 10. 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 566-576 Sherbourne Street and 29-37 Linden Street after the Chief Planner and Executive Director, City Planning Division has given Preliminary Approval referred to in Recommendation 8 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 the proposed building on site no later than 3 years from the date that demolition of the existing rental dwelling units commences, subject to the timeframe being extended at the discretion of the Chief Planner and Executive Director, City Planning Division; and c. should the owner fail to complete the proposed building within the time specified in Recommendation 10.b. 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. 11. 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 necessary agreements.