November 17, 1998

To:Urban Environment and Development Committee

From:City Clerk

Subject:Official Plan Policies and Related By-law Regarding the Conversion to Condominium and Demolition of Rental Housing

Recommendation:

The North York Community Council on November 16, 1998, recommended to the Urban Environment and Development Committee, and Council, that:

1.the motion moved by Councillor Moscoe at the meeting of the Urban Environment and Development Committee meeting held on November 2, 1998, be adopted subject to the deletion of the amendments to 135.1 and 135.5 and that the recommendations of the Commissioner of Urban Planning and Development Services with respect to these two sections be adopted; and

2.any buildings with two or more major work orders on them be included in the restrictions.

The North York Community Council also reports having referred the following motions to the Commissioner of Urban Planning and Development Services for a report to the November 30th meeting of the Urban Environment and Development Committee:

A.Moved by Councillor Feldman:

That a further clause 135.6 be added as follows:

135.6Council may consider exempting specific sites or areas from the restrictions imposed by policies 135.2 135.3, 135.4 and 135.5, if the following conditions exist:

(i)the building is functionally obsolete;

(ii)it is no longer economically feasible to retrofit the building for the purposes of preserving the stock;

(iii)the existing building is a blight on the neighbourhood characteristic; and

(iv)the in-situ tenants want to buy the building.; and

B.Moved by Councillor Flint:

That Council may exempt properties, generally, specifically, or in areas included in official plan amendments or detailed secondary plans, from the provisions of this official plan amendment whenever desirable for the purposes of good planning.

Background:

The North York Community Council had before it a report (November 3, 1998) from the City Clerk advising that the Urban Environment and Development Committee on November 2, 1998, endorsed Recommendation No. (9) of the report (October 15, 1998) from the Commissioner of Urban Planning and Development Services, regarding Official Plan policies and related by-laws regarding conversion to condominium and demolition of rental housing, and requested that any comments from Community Councils be forwarded to the November 30, 1998 meeting of the Urban Environment and Development Committee.

City Clerk

North York Community Council

Barbara Liddiard/ay

Item No. 2

c.Commissioner of Urban Planning and Development Services

(Report dated November 3, 1998 from the

City Clerk addressed to all Community Councils)

The Urban Environment and Development Committee on November 2, 1998:

(A)endorsed Recommendation No. (9), embodied in the attached report (October 15, 1998) from the Commissioner of Urban Planning and Development Services, viz:

"(9)that a copy of this report and the Committee's action be forwarded to the Community Councils for review at their meetings scheduled to be held on November 12, 1998, with a request that their comments be made available for the Urban Environment and Development Committee's consideration at its November 30, 1998 public meeting;".;

(B)referred the following motion to the Community Councils and the Commissioner of Urban Planning and Development Services for review and comment thereon to the November 30, 1998 meeting of the Urban Environment and Development Committee:

Moved by Councillor Moscoe:

'That the Urban Environment and Development Committee recommend to Council that:

(1)Recommendation No. (2)(a), embodied in the report (October 15, 1998) from the Commissioner of Urban Planning and Development Services, be amended as follows:

135.1-(i)delete the words "where appropriate"; and

(ii)strike out the word "discouraging" and insert in lieu thereof the word"prohibiting";

135.3-add the word "only" after the words "rented residential units";

135.4-delete the words "whenever possible" and "wherever appropriate";

135.5-strike out (a) and insert in lieu thereof the following:

"(a)to prohibit redevelopment applications which involve the demolition of rental units without replacement of those rental units with an equivalent number of rental units of a similar number, type, size, and level of affordability in the new development, or the equivalent number of such units which, in the opinion of City Council, is consistent with the intent of this policy; and";

so that Recommendation No. (2)(a) shall now read as follows:

"(2)Council adopt new official plan policies to regulate the conversion to condominium and demolition of rental housing by:

(a)adding the following new sections to the Metropolitan Toronto Official Plan:

Section 3.2.3Conversion and Demolition of Rental Housing:

It is the policy of Council:

135.1to preserve, maintain and replenish the supply of residential buildings, and particularly rental buildings, across the City of Toronto by restricting the demolition of residential property and the conversion of rental units to condominium, and byprohibiting the conversion of rental units to equity co-operative;

135.2to restrict the conversion to condominium of any building, or any related group of buildings, including equity co-operatives, containing six or more rented residential units as it would be premature and not in the public interest, unless the vacancy rate in the City of Toronto, as reported by Canada Mortgage and Housing Corporation, for private rental apartments and townhouses, respectively, has been at or above 2.5percent for the preceding two-year reporting period;

135.3despite Policy 135.2, to consider allowing the conversion of buildings containing six or more rented residential units only where the rents that were charged for each unit in the building or related group of buildings one year prior to the application, were at or above the average high-end rent level by unit type as prescribed by Council from time to time, and based on Canada Mortgage and Housing Corporation reports;

135.4to seek the retention of rented residential units, and to consider acquiring or leasing the property where such units are at risk of being demolished;

135.5(a)to prohibit redevelopment applications which involve the demolition of rental units without replacement of those rental units with an equivalent number of rental units of a similar number, type, size, and level of affordability in the new development, or the equivalent number of such units which, in the opinion of City Council, is consistent with the intent of this policy; and

(b)when considering such applications in the context of an increase in height and/or density, to secure such replacement units and/or alternative arrangements through an appropriate legal agreement under Section 37 of the Planning Act.";

(2)the following new Recommendations (12) and (13) be added thereto:

"(12)notification of applications involving the demolition of rental units be extended to all tenants, and the application fees be adjusted to cover the costs thereof; and

(13)the Commissioner of Urban Planning and Development Services be requested to submit a report to the Urban Environment and Development Committee on the feasibility of establishing a provision that no building permit be issued and no planning application be considered for properties which have outstanding City work orders against them;"'.

The Urban Environment and Development Committee reports, for the information of the Community Councils, having:

(A)also endorsed Recommendations Nos. (1), (10) and (11) embodied in the attached report (October 15, 1998) from the Commissioner of Urban Planning and Development Services, viz:

"It is recommended that:

(1)the Urban Environment and Development Committee schedule a statutory public meeting for November 30, 1998, to consider proposed official plan amendments with respect to the conversion of rental housing to condominium and the demolition of rental housing as detailed in Recommendation No. (2);

(10)a copy of this report be forwarded to the Minister of Municipal Affairs and Housing to fulfill the consultation requirement with respect to the Minister's recent announcement of exempting amendments to the City's Official Plan from provincial approval; and

(11)the appropriate City officials be authorized to undertake any necessary action to give effect thereto, including preparing and introducing any necessary bills and giving notice of the public meeting in the Toronto Star.";

(B)requested the Commissioner of Urban Planning and Development Services to submit a report to the November 30, 1998 meeting of the Urban Environment and Development Committee on:

(i)the feasibility of City Council requesting all political parties running in the next provincial election to commit to the introduction of controls regarding the conversion to condominium and demolition of rental housing; such report to include appropriate rationale and documentation in support of a request of this nature; and

(ii)the feasibility of amending Parts A.1(e) and A.2(e) of Appendix A to expand the notification period beyond fourteen (14) days for tenants of rental housing for which applications for conversion to condominium or demolition have been received;

(C)requested the Chief Building Official to communicate (e.g., by fax) directly with all Members of Council, the City Solicitor, the Commissioner of Urban Planning and Development Services, and the Chief Planner, whenever an application is received for either conversion to condominium or demolition of rental housing; such communication to include the basic details of the affected rental housing (e.g., number of units, tenants, etc.).

Background:

The Urban Environment and Development Committee had before it a report (October 15, 1998) from the Commissioner of Urban Planning and Development Services regarding Official Plan policies and related by-laws regarding the conversion to condominium and demolition of rental housing.

The following persons appeared before the Urban Environment and Development Committee in connection with the foregoing matter:

-Ms. Jane Pepino, Aird and Berlis, Barristers and Solicitors, on behalf of GoldlistProperties;

-Mr. Howard Tessler, Executive Director, Federation of Metro Tenants' Associations; and also filed a written brief with respect thereto;

-Mr. Gary Griesdorf, Executive Director, Greater Toronto Apartment Association;

-Councillor Jack Layton, Don River;

-Councillor Mario Giansante, Kingsway-Humber; and

-Councillor Joe Mihevc, York-Eglinton.