Item - 2023.EY9.3

The Etobicoke York Community Council recommends that:

1. City Council amend the Official Plan for the lands at 1240, 1246, and 1250 Weston Road substantially-in-accordance with the draft Official Plan Amendment attached as Attachment 5 to the report (October 26, 2023) from the Director, Community Planning, Etobicoke York District.

2. City Council amend the draft By-law in Attachment 6, to the report (October 26, 2023) from the Director, Community Planning, Etobicoke York District, by amending Exception CR (927) as follows:

a. replacing Site Specific Regulations (H) (ii) and (H) (iii) with the following:

“(ii) the required minimum gross floor area for the exclusive use of a “social housing program” is 2,422.98 square metres;

(iii) the maximum gross floor area for non-residential uses is 25 percent of the total gross floor area of the building;”;

b. replacing Site Specific Regulation (K) with the following:

“(K) Despite regulation 200.5.10.1(1) and Table 200.5.10.1, a minimum of 18 parking spaces must be provided;”; and

c. deleting Site Specific Regulations (M)(iv) and (M)(v).

3. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 1240, 1246 and 1250 Weston Road substantially-in-accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (October 26, 2023) from the Director, Community Planning, Etobicoke York District, as amended by Recommendation 2 above, including a hold for the following:

a. The owner, as operator of the social housing program, has, at its sole cost and expense, pursuant to Section 453.1 of the City of Toronto Act, 2006, entered into an agreement with the City to secure the provision of a social housing program on the lands and register it in priority against title to the lands, with such terms and conditions satisfactory to the Executive Director, Housing Secretariat and the City Solicitor; with the terms including:

1. The required minimum gross floor area for the exclusive use of a “social housing program” is 2,422.98 square metres; and,

2. Units in the social housing program will be operated using rents at 80% of Average Market Rent for a period of at least 40 years;

b. Revised plans, drawings and studies have been submitted by the owner and accepted by the General Manager, Transportation Services;

c. Revised plans, drawings, studies and Functional Servicing and Stormwater Management reports, Hydrological Assessment Report, Servicing Report Groundwater Summary form, Hydrological Review Summary form, Foundation Drainage form have been submitted by the owner and accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with Toronto Water;

d. Satisfactory arrangements are in place to secure the construction of new municipal infrastructure or any improvements to the existing municipal infrastructure, to service the proposed development, and the owner has entered into a financially secured agreement to pay for and construct any necessary municipal infrastructure to the satisfaction of the General Manager, Toronto Water, and the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor;

application for tree removal;

e. Satisfactory Pedestrian Level Wind Study, with the required mitigation tested and satisfactory conditions confirmed has been submitted by the owner and accepted by the Chief Planner and Executive Director, City Planning; and,

f. Application to Injure or Remove Trees has been submitted by the owner and accepted by the General Manager of Parks, Forestry and Recreation.

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.

5. City Council approve the Rental Housing Demolition Application File No. 22 198769 WET 05 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 20 existing rental dwelling units located at 1240, 1246 and 1250 Weston Road, subject to the following conditions:

a. The owner shall provide and maintain 20 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 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, and the replacement rental dwelling units shall collectively have a total gross floor area of at least 1249 square metres and be comprised of 13 one-bedroom units, six two-bedroom units, and one three-bedroom unit as generally illustrated in the plans submitted to the City Planning Division dated October 24, 2023, and any revisions 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 20 replacement rental dwelling units, required in Recommendation 4.a. above, provide at least 13 one-bedroom, six two-bedroom, and one three-bedroom replacement rental dwelling units at affordable 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;

c. The owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the eight existing rental dwelling units proposed to be demolished at 1246 and 1250 Weston Road, 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, 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;

d. The owner shall ensure that appropriate and necessary support services, including rent-geared-to-income subsidies, are provided to any of the tenants of 1240 Weston who have exercised their right to return, and that the owner work with the returning tenants to ensure that their immediate and ongoing needs are met;

e. The owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the 12 existing rental dwelling units proposed to be demolished at 1240 Weston Road, addressing the right to return to occupy one of the replacement rental dwelling units at similar rents, relocation assistance and other assistance to lessen 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;

f. The owner shall provide tenants of all 20 replacement rental dwelling units with access to, and use of, all indoor and outdoor amenities in the proposed 14-storey building at no extra charge, and 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;

g. The owner shall provide central air conditioning in each replacement rental dwelling unit at no extra charge;

h. The owner shall provide and make available for rent at least one vehicle parking space to tenants of the replacement rental dwelling units. Such parking space shall be made available firstly to returning tenants who previously rented a vehicle parking space, and at similar monthly parking charges that such tenants previously paid, and secondly to tenants of the replacement rental units to the satisfaction of the Chief Planner and Executive Director, City Planning;

i. The owner shall provide tenants of all 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;

j. The replacement rental dwelling units required in recommendation 5.a. above 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

k. The owner shall enter into, and register on title to the lands at 1240, 1246 and 1250 Weston Road an agreement pursuant to Section 111 of the City of Toronto Act, 2006 to secure the conditions outlined in Recommendations 5.a. through 5.j. above, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, prior to issuance of Notice of Approval Conditions for Site Plan Control approval.

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 20 existing rental dwelling units located at 1240, 1246 and 1250 Weston Road after all the following have occurred:

a. All conditions in Recommendation 5 above have been fully satisfied and secured;

b. The Official Plan Amendment(s) have come into full force and effect;

c. The Zoning By-law Amendment(s) have come into full force and effect;

d. The issuance of the Notice of Approval Conditions for Site Plan Control approval;

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.

7. 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 have given Preliminary Approval referred to in Recommendation 6 above.

8. 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 1240, 1246 and 1250 Weston Road after the Chief Planner and Executive Director, City Planning have given Preliminary Approval referred to in Recommendation 6 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 site no later than four years from the date that 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 8.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 $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.

9. City Council direct the applicant to provide information to future residents and community services staff on alternate transportation options rather than private automobile ownership, including accessing existing and new higher order transit and car-share opportunities.

10. City Council direct City Manager, the Chief Planner and Executive Director and the Executive Director Housing Secretariat, to support the applicant in securing and prioritizing necessary affordable housing and community services programing funding and financing from all orders of government to maximize the delivery of community space and affordable housing at 1240 – 1250 Weston Road.

11. City Council request the Executive Director, Housing Secretariat to work with the applicant and, subject to their eligibility, make available the full range of Open Door Program financial incentives and any available housing benefits, to support achieving and exceeding the minimum affordable housing requirement of 2,422.98 square meters, and extending the affordability period from 40 years to 99 years, and report to the Planning and Housing Committee with an update by the first quarter of 2024.

12. City Council request the Executive Director, Housing Secretariat, in collaboration with the Executive Director, City Planning and Chief Planner, to work with the applicant and negotiate an Open Door financial incentive package to provide for longer term affordability beyond the required 10-years, for the 20 rental replacement units, and report to the Planning and Housing Committee with an update by the first quarter of 2024.

13. City Council request the Executive Director Housing Secretariat to support the applicant in discussions with Canada Mortgage and Housing Corporation, the Government of Ontario, and other funders, to secure project funding and financing to support their development at 1240 – 1250 Weston Road.

14. City Council amend City of Toronto Municipal Code, Chapter 925, Permit Parking in order to exclude residents or visitors to or tradespersons at 1240, 1246 and 1250 Weston Road from obtaining a parking permit. 

15. City Council direct the Chief Planner and Executive Director, City Planning to include the following as a post-approval condition of site plan:

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.

b. Purchasers acknowledge and agree that purchasers or residents of the Development will not be eligible for on street-parking permits under the City of Toronto Municipal Code. Purchasers agree that, despite the status or availability of on-street parking permits for residents in the development area as of the date of this document, the availability of on-street parking permits in the development area for the purchasers or residents of the Development may, at the discretion of City of Toronto Council, be modified, amended or removed at any time in accordance with the City of Toronto Act, 2006, as amended from time to time and its successors, and the City of Toronto Municipal Code.

16. City Council authorize and direct the City Solicitor and appropriate City staff, to take such necessary steps, to implement City Council's decision.

The Etobicoke York Community Council held a statutory public meeting on November 13, 2023, and notice was given in accordance with the Planning Act.

The applications propose to amend the Official Plan and Zoning By-law to permit a 14-storey mixed-use building consisting of 175 dwelling units, 229.47 square metres of retail space and 3158.21 square metres of community space to be used by the Learning Enrichment Foundation. The proposed development contains 175 residential units, of which 20 units will be rental replacement units, with a total gross floor area of 13,571.29  square metres resulting in a density (FSI) of 6.89 times the area of the lot. The proposal also includes a Tenant Relocation and Assistance Plan that addresses the right for eligible tenants to return to a replacement rental dwelling unit at similar rents and financial compensation to lessen hardship.

This report reviews and recommends approval of the application to amend the Official Plan and Zoning By-law and the Rental Housing Demolition application. Provided the matters subject to the Holding Provisions in the Zoning By-law are addressed, staff have determined that the proposed development represents appropriate intensification, transition in scale and is compatible with the existing and planned surrounding context and provides for the replacement of the existing rental housing.