Item - 2022.EY33.5

The Etobicoke York Community Council recommends that:

1. City Council amend the Official Plan, for the lands at 1956-1986 Weston Road and 1-5 Little Avenue substantially in accordance with the draft Official Plan Amendment attached as Attachment 5 to the report (June 9, 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 1956-1986 Weston Road and 1-5 Little Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6, as amended, to the report (June 9, 2022) from the Director, Community Planning, Etobicoke York District, with the following amendments:

a. Delete Section 4(E) in its entirety; and

b. Delete Diagram 3 and replace it with the revised diagram attached to Councillor Frances Nunziata's Motion 2, Part 2.b.

3. City Council authorize the City Solicitor to submit the necessary bill(s) to implement the foregoing recommendation(s) provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will issue until such time as the Section 37 Agreement is executed and registered.

4. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and draft Zoning By-law Amendment as may be required prior to submitting the necessary bill(s) for enactment.

5. City Council require the owner to enter into an agreement pursuant to Section 37 of the Planning Act, which shall include provisions for indemnity, insurance, financial security, maintenance, HST, and indexing, as applicable, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, as follows:

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

1. Prior to the earlier of condominium registration or first residential use on site, the owner shall design, construct, finish and convey in fee simple to the City, in an acceptable environmental condition, for nominal consideration and at no cost to the City, a minimum 315.87 square metres (3,400 square feet) non-profit community cultural space located on level one of the building fronting 3 Little Avenue, and subject to the following:

a. The non-profit community cultural space shall be delivered to the City in accordance with the City's Community Space Tenancy Policy and finished to Base Building Condition plus capital fit-up, but not including furnishing of the space, with the terms and specifications to be secured in the Agreement, all satisfactory to the General Manager, Economic Development and Culture, the Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. Prior to the issuance of the first above grade building permit, the owner shall provide a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and finishing of the conveyed non-profit community cultural space complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the Executive Director, Corporate Real Estate Management, the General Manager, Economic Development and Culture, the Chief Planner and Executive Director, City Planning and the City Solicitor;

c. Concurrent with or prior to the conveyance of the non-profit community cultural space to the City, the owner and the City shall enter into, and register on title an Easement and Cost Sharing Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the City Solicitor, and the Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the owner as they pertain to the non-profit community cultural space.

b. 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, and the owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the site.

2. The owner shall prepare a Tenant Relocation and Assistance Plan to all Eligible Tenants of the four existing rental dwelling units proposed to be demolished, addressing the provision of alternative accommodation at similar rents in the form of rent gap payments and other assistance to mitigate hardship, and 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.

3. The owner shall, at its own expense, address the following matters in the application for site plan control approval for the development, which shall be determined and secured in a Site Plan Agreement with the City, as applicable:

a. Reconstruction of the City sidewalks to City standards along the frontages of Little Avenue and Weston Road, to the satisfaction of the General Manager, Transportation Services;

b. Provision of on-site dog-relief facilities, with the location, nature, and size of the facilities to be determined through the site plan review process, to the satisfaction of the Chief Planner and Executive Director, City Planning;

c. A minimum of 25 percent of the total number of dwelling units on the lot shall contain two and three bedrooms with a minimum of 10 percent of the total number of dwelling units being three bedrooms or more, in keeping with the Growing Up Guidelines.

d. Implement any wind control measures identified in the Pedestrian Wind Study, dated September 24, 2021, prepared by Theakston Environmental and any future addendum, to the satisfaction of the Chief Planner and Executive Director, City Planning, to be secured through the Site Plan Control application review process.

e. Satisfy applicable signage and warning clause requirements of the Toronto District School Board and the Toronto Catholic District School Board in connection with student accommodation.

4. Prior to issuance of the first above-grade building permit, the owner shall prepare all documents and convey, on terms set out in the Section 37 Agreement, a conveyance, and at no cost to the City, of 3.8 metres on the south limit of the site, tapering down to 3.5 metres on the north limit of the site along the Weston Road frontage of the site for the purpose of a road widening, in accordance with all applicable City policies regarding the environmental condition of potentially contaminated land, and free and clear of all physical and title encumbrances, to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services and the City Solicitor, all as generally shown on the Site Plan (Drawing No. A102 dated June 6, 2022).

6. 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 for the demolition of the four (4) existing rental dwelling units at 1970, 1978, 1980, and 1984 Weston Road after all of the following have occurred:

a. The owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the four existing rental dwelling units proposed to be demolished, addressing the provision of alternative accommodation at similar rents in the form of rent gap payments, and other assistance to mitigate hardship, and 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.

7. 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 four (4) rental dwelling units at 1970, 1978, 1980, and 1984 Weston Road after all the following have occurred:

a. Recommendation 6 above has been fully satisfied and secured;

b. the Official Plan and Zoning By-law Amendments have 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 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 execution and registration of one or more agreements to secure the Tenant Relocation and Assistance Plan required in  Recommendation 5.b.2 above and any other rental housing matters as deemed appropriate or necessary by the Chief Planner and Executive Director, City Planning;

f. written confirmation by the owner that all existing rental dwelling units are vacant.

8. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Section 111 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 7 above.

9. 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 1956-1986 Weston Road and 1-5 Little Avenue after the Chief Planner and Executive Director, City Planning has given the Preliminary Approval referred to in Recommendation 7 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 to the satisfaction of the Chief Building Official and Executive Director, Toronto Building;

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 no later than five years from the date on which the 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; and

d. should the owner fail to complete the proposed development within the time specified the in Recommendation 9.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 $20,000 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.

10. City Council determine that no further notice is required to be given in respect of  the amendments to Recommendation 2 above, under the Planning Act, RSO 1990.

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 amend the Official Plan and the City of Toronto Zoning By-law 569-2013 and demolish seven residential units, of which four are rental dwelling units, for the property at 1956-1986 Weston Road and 1-5 Little Avenue (the "Site") to permit a mixed-use development including two tall buildings with heights of 35 storeys (120.2 metres in height, including mechanical penthouse) and 29 storeys (102.2 metres in height, including mechanical penthouse) connected by an eight-storey podium (28.8 metres in height) (the "Application"). The proposed base building has a two to three-storey streetwall that includes the retention of the existing heritage buildings at 1974-1978, 1984-1986 Weston Road and 3 Little Avenue, fronting Weston Road and Little Avenue. The proposal would result in a gross floor area of 55,751 square metres, of which 3,674 square metres would be for commercial uses on the ground and second floor and 52,077 square metres for residential uses on the floors above with a total of 733 residential units.

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 request to amend the Official Plan and the application to amend the Zoning By-law. The proposed development represents appropriate intensification that is massed to be compatible with the existing mixed use properties in the area, and is consistent with the City's Official Plan and Guidelines.

The purpose of this supplementary report is to recommend revisions to the June 9, 2022 Final Report to Etobicoke York Community Council regarding 1956-1986 Weston Road and 1-5 Little Avenue (Item EY33.5). These revisions are a result of refinements to the timing of the project completion following the date of demolition, extending the timing from three years to five years. Further revisions to the recommendations and the Draft Zoning By-law Amendment are a result of a correction relating to the process of securing a road widening which is not technical or stylistic in nature.

Staff recommend that Council support approval of the recommendations of this supplementary report.