Item - 2022.EY33.2

The Etobicoke York Community Council recommends that:

1. City Council amend the former City of Etobicoke Zoning Code for the lands at 63 and 73 Widdicombe Hill Boulevard substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (June 8, 2022) from the Director, Community Planning, Etobicoke York District.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 63 and 73 Widdicombe Hill Boulevard substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (June 8, 2022) from the Director, Community Planning, Etobicoke York District.

3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments as may be required.

4. City Council authorize the City Solicitor to submit the necessary Bills to implement the foregoing recommendations provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will be issued until such time as the Section 37 Agreement is executed and registered.

5. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:

a. The community benefits recommended to be secured in the Section 37 Agreement are as follows:

1. Prior to the first above-grade permit for the site, the owner shall make a cash contribution to the City in the amount of $2,200,000 payable to the Treasurer, City of Toronto, for the provision of local streetscape, parkland and/or community facilities within proximity of the subject site, in consultation with the Ward Councillor;

b. The financial contribution pursuant to Recommendation 5.a.1. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date City Council adopts the zoning by-law amendment(s) to the date of payment;

c. In the event the cash contribution referred to in Recommendation 5.a.1 above has not been used for the intended purposes within three years of the By-laws coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Official Plan and will benefit the community in Ward 2; and

d. The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:

1. The owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council from time to time, to the satisfaction of the Chief Planner and Executive Director, City Planning; the owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, and consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan control application for the development;

2. The owner shall satisfy applicable signage requirements of the Toronto District School Board and the Toronto Catholic District School Board and shall insert warning clauses in purchase and sale/tenancy agreements as required in connection with student accommodation;

3. Prior to the commencement of any demolition, excavation and shoring work, the owner shall submit a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services, and the Chief Building Official and Executive Director, Toronto Building Division, in consultation with the Ward Councillor, and Toronto Lands Corporation, and thereafter shall implement the plan during the course of construction, such Construction Management Plan will include, but not limited to the following construction-related details: noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, construction vehicle routing, street closures, parking and laneway uses and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the Toronto District School Board, Toronto Catholic District School Board and Conseil scolaire catholique MonAvenir, and any other matters requested by the Chief Planner and Executive Director, City Planning, and the Chief engineer and Executive Director, Engineering and Construction Services, in consultation with the Ward Councillor;

4. The owner shall submit to the Chief Engineer and Executive Director, Engineering and Construction Services for review and acceptance, prior to Site Plan Control approval, a Functional Servicing Report to confirm  storm water runoff, sanitary flow and water supply demand resulting from this development, and that there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development;

5. The owner shall enter into a financially secured agreement with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the accepted Functional Servicing Report and Traffic Impact Study accepted by the Chief Engineer and Executive Director of Engineering and Construction Services and General Manager of Transportation Services;

6. Prior to Site Plan Control approval, the owner shall provide maneuvering diagrams showing the transport of garbage bins from the underground levels to a revised staging area at 63 Widdicombe Hill Boulevard, to the satisfaction of the General Manager of Transportation Services and the General Manager, Solid Waste Management Services;

7. The owner shall continue to provide and maintain the 461 existing rental dwelling units on the lands as rental housing, together with the new and retained associated facilities and amenities of the existing residential rental property, for a period of at least 20 years commencing from the date that the Zoning By-laws come into force and effect, and with no applications for demolition or conversion from residential rental use during such 20-year period, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

8. The owner shall provide tenants of all 461 existing rental dwelling units at 63 and 73 Widdicombe Hill Boulevard with access to, and use of, all indoor and outdoor amenities in the proposed development at no extra charge, and on the same terms and conditions as any other resident of the development, without the need to pre-book or pay a fee unless specifically required as a customary practice for private bookings, and with no pass-through costs to the tenants, including by way of an application to the Ontario Landlord Tenant Board or to any successor tribunal with jurisdiction to hear applications made under the legislation governing residential tenancies in Ontario for the purpose of obtaining an increase in residential rent above the applicable guideline;

9. The owner shall provide, at its sole expense and at no cost to tenants, improvements to the existing rental buildings at 63 and 73 Widdicombe Hill Boulevard, taking into account feedback obtained through a tenant survey, as follows:

A. Prior to Site Plan Control approval:

a. The owner shall submit to the City a Construction Mitigation Strategy, including an interim parking plan, and Tenant Communication Plan to mitigate the impacts of construction of the development on tenants of the existing rental buildings, including the provision of temporary, off-site resident parking, to the satisfaction of the Chief Planner and Executive Director, City Planning;

 
b. The owner agrees to provide plans showing the location, layout, and specifications of the improvements referred to in Recommendations 5.d.9.A.c to 5.d.9.B below to the satisfaction of the Chief Planner and Executive Director, City Planning;

 
c. Improvements to the garbage rooms/storage areas;

 
d. Upgrades to the existing main lobbies, limited to painting, lighting, new furniture and seating;

 
e. Upgrades to existing libraries;

 
f. Upgrades to existing change rooms and refinish the saunas;

g. Improvements to the existing laundry rooms and party rooms; and

 
h. Improvements to the outdoor amenity areas, including provision of new barbeque grills and outdoor seating; and

B.  Prior to occupancy of any new residential units, subject to extensions for seasonality for the outdoor improvements, the indoor and outdoor improvements shall be completed.

10. The costs associated with the provision and maintenance of the rental housing improvements, Construction Mitigation Strategy and Tenant Communication Plan required above shall not be passed on to tenants of the existing rental buildings at 63 and 73 Widdicombe Hill Boulevard in any form, and the owner agrees it shall not apply to the Landlord and Tenant Board, or any successor tribunal with jurisdiction to hear applications made under the legislation governing residential tenancies in Ontario, for an above-guideline increase in rent to recover expenses incurred in completing the rental housing improvements in Recommendations 5.d.9.A.c. to 5.d.9.B. above.

6.  Prior to the enactment of Bills, the owner shall submit the tree removal application for the subject site to the satisfaction of the Supervisor, Tree Protection and Plan review, Etobicoke York.

7. City Council amend City of Toronto Municipal Code, Chapter 925, Permit Parking in order to exclude residents of, visitors to or tradespersons at 63 and 73 Widdicombe Hill Boulevard for a permit.

8. City Council direct the Chief Planner and Executive Director, City Planning to include the following as approval conditions:

a. the Owner shall insert an advisory clause that residents of the development will be ineligible for on-street parking permits, substantially in the form of the advisory clause in Attachment 4 to the report (November 10, 2021) contained in item 2021.PH29.3 from the Chief Planner and Executive Director, City Planning and the Chief Financial Officer and Treasurer, into all purchases, agreements of purchase and sale or agreements to lease and condominium declaration document(s) for each affected residential unit within the development.

The Etobicoke York Community Council held a statutory public meeting on June 27, 2022, and notice was given in accordance with the Planning Act.

This application proposes to permit two additional apartment buildings of seven and 18 storeys (28.6 metres and 65.3 metres, respectively, including the mechanical penthouse) containing a total of 331 dwelling units at 63 and 73 Widdicombe Hill Boulevard. A total of 934 vehicular parking spaces is to be provided for both the proposed and existing buildings. The two existing 17-storey apartment buildings, containing 461 dwellings units, are proposed to be retained.

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020).

This report reviews and recommends approval of the application to amend the applicable Zoning By-laws.