1693-1707 Weston Road and 10 Victoria Avenue East -Zoning By-law Amendment and Rental Housing Demolition Applications - Final Report

This report reviews and recommends approval of the application to amend the Zoning By-laws. The proposal represents appropriate intensification within the Weston Road Corridor, conforms with the Official Plan and is generally consistent with the Tall Building Design Guidelines and the Weston Urban Design Guidelines. The proposal fits within the existing and planned context and includes affordable housing, rental replacement and on site POPS.

6. 3. City Council authorizes the City Solicitor to make such stylistic and technical changes to the Draft Zoning By-law Amendments as may be required. 4. City Council approve the Rental Housing Demolition Application File No. 20 171964 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 fifteen (15) existing rental dwelling units located at 1693 and 1705-1707 Weston Road, subject to the following conditions: a. The owner shall provide and maintain fifteen (15) 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 during the, at minimum, 20 year period; the fifteen (15) replacement rental dwelling units shall be comprised of one (1) bachelor unit, eleven (11) one-bedroom units, two (2) two-bedroom units, and one (1) three-bedroom unit as generally illustrated in the plans submitted to the City Planning Division dated February 26, 2021. Any revision to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning Division. b. The owner shall, as part of the fifteen (15) replacement rental dwelling units required in Recommendation 4.a. above, provide at least one (1) bachelor unit, eleven (11) one-bedroom units, two (2) two-bedroom units, and one (1) three-bedroom unit 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 for Canadian Mental Health Association, including the right of first refusal to enter into a head lease agreement for the replacement rental dwelling units, and all Eligible Tenants of the fifteen (15) existing rental dwelling units proposed to be demolished at 1693 and 1705-1707 Weston Road, addressing the right to return to occupy one of the replacement rental dwelling units at similar rents and other assistance to mitigate 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. d. The owner shall provide tenants of all fifteen (15) replacement rental dwelling units with access to, and use of, all indoor and outdoor amenities in the proposed 24-storey mixed-use building at no extra charge. 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. e. The owner shall provide ensuite laundry in each replacement rental dwelling unit within the proposed mixed-use building at no additional cost to tenants. f. The owner shall provide central air conditioning in each replacement rental dwelling unit within the proposed mixed-use building. g. The owner shall provide and make available for rent a minimum of six (6) vehicle parking spaces to tenants of the replacement rental dwelling unit. h. The owner shall provide tenants of the fifteen (15) replacement rental dwelling units and the additional six (6) rental dwelling units with access to all bicycle and visitor parking on the same terms and conditions as any other resident of the proposed mixed-use residential building. i. The owner shall provide five (5) storage lockers to tenants of the replacement rental dwelling units. j. The owner shall enter into, and register on title at 1693-1707 Weston Road and 10 Victoria Avenue East one or more agreement(s), to secure the conditions outlined in Recommendations 4.a. through 4.i. above, including an agreement pursuant to Section 111 of the City of Toronto Act, 2006, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning Division. 5. 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 fifteen (15) existing rental dwelling units located at 1693 and 1705-1707 Weston Rd after all the following have occurred: a. All conditions in Recommendation 4 above have been fully satisfied and secured. b. The 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 Division or their 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. e. The owner has confirmed, in writing, that all existing rental dwelling units proposed to be demolished are vacant. f. The execution and registration of an agreement pursuant to Section 37 of the Planning Act securing Recommendations 4.a. through 4.i above. 6. City Council authorize the Chief Building Official and Executive Director, Toronto Building 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 5 above. 7. 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 1693-1707 Weston Road and 10 Victoria Avenue East after the Chief Planner and Executive Director, City Planning Division has 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 mixed-use building on site no later than four (4) years from the date that the demolition of such building commences, subject to the timeframe being extended to the discretion of the Chief Planner and Executive Director, City Planning Division. d. Should the owner fail to complete the proposed mixed-use building within the time specified in Recommendation 7.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 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 demolition permit is issued. 8. Before introducing the necessary Bills to City Council for enactment, City Council requires the following: a. The owner shall submit a Functional Servicing Report to the City to the satisfaction of the Chief Engineer and Executive Engineer of Engineering and Construction Services. The report shall 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. The owner shall make satisfactory arrangements with Engineering and Construction Services and enter into the appropriate agreement with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades and road improvements are required to support the development, according to the Functional Servicing Report accepted by the Chief Engineer and Executive Director of Engineering and Construction Services. c. The owner shall provide a revised Servicing Plan demonstrating space within the development for installation of maintenance access holes and sampling ports on the private property, as close to the property line as possible, for both the storm and sanitary service connections in accordance with the Sewers By-law Chapter 681-10 to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services. d. The owner shall provide parking spaces for the residential dwelling units, including visitor spaces, and retail units in accordance with the 'Policy Area 4' parking rates of City-wide Zoning By-law No. 569-2013 to the satisfaction of the General Manager of Transportation Services. e. The owner shall provide parking spaces and accessible parking spaces, as well as drive aisles widths, in accordance with the supply and dimensional requirements of City-wide Zoning By-law No. 569-2013 to the satisfaction of the General Manager of Transportation Services. f. The owner shall retain a consultant archaeologist, licensed by the Ministry of Heritage, Sport, Tourism and Culture Industries, under the provisions of the Ontario Heritage Act (R.S.O 1990 as amended) to carry out a Stage 1 or Stage 1-2 archaeological resource assessment of the full subject property, or remaining unassessed lands, and follow through on recommendations to mitigate, through preservation or resource removal and documentation, adverse impacts to any significant archaeological resources found (i.e. Stage 2, 3, 4) to the satisfaction of the Senior Manager of Heritage Planning. The assessment is to be completed in accordance with the 2011 Standards and Guidelines for Consultant Archaeologists, Ministry of Heritage, Sport, Tourism and Culture Industries. Should the archaeological assessment process continue beyond a Stage 2 assessment, any recommendations for Stages 3- 4 mitigation strategies must be reviewed and approved by Heritage Planning prior to the commencement of the site mitigation. g. The owner shall incorporate significant archaeological resources and findings into the proposed development through either in-situ preservation and interpretation where feasible, or commemorate and interpret the resources through exhibition development on site including, but not limited to, commemorative plaquing, to the satisfaction of the Senior Manager of Heritage Planning. h. The owner shall ensure no demolition, construction, grading or other soil disturbances shall take place on the subject property prior to the City's Planning Division (Heritage Planning) and the Ministry of Heritage, Sport, Tourism and Culture Industries (Archaeology Programs Unit) confirming in writing that all archaeological licensing and technical review requirements have been satisfied. 9. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act, and any other necessary agreement(s), including provision of 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: i. Prior to the issuance of the first above building permit, the owner shall make a cash contribution to the City in the amount of $100,000.00 to be used for streetscape and public realm improvements in the vicinity of the site and such improvements will ensure that the streetscape improvements comply with the Streetscape Manual to the satisfaction of the Chief Planner and Executive Director, City Planning. ii. The cash contribution identified in Recommendation 9.a.i above shall be indexed upwardly from the date of the registration of the Section 37 Agreement to the date the payment is made in accordance with the non-residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135-01, or its successor. iii. In the event the cash contribution identified in Recommendation 9.a.i has not been used for the intended propose within three (3) years of this By-law 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(s) is/are identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands. iv. The owner shall design and construct six (6) affordable rental dwelling units comprising 493.4 square metres of residential Gross Floor Area within an approved development at 1693-1707 Weston Road and 10 Victoria Avenue East, substantially in accordance with the Affordable Rental Housing Terms and Conditions, with any amendments to such terms as deemed appropriate by the Chief Planner and Executive Director, City Planning Division, the Executive Director, Housing Secretariat, and the City Solicitor, in consultation with the Ward Councillor. v. The owner shall provide and maintain the six (6) affordable rental dwelling units referenced in 9. iv. above as one (1) bachelor unit, three (3) two-bedroom units, and two (2) three-bedroom units in the new 24-storey mixed-use building on the lot, as follows: a. The six (6) affordable rental dwelling units comprised of 493.4 square metres of residential Gross Floor Area. b. The affordable rental dwelling units shall be provided in contiguous groups of at least 6 dwelling units. c. The general configuration and layout of the six (6) affordable rental dwelling units in the new 24-storey residential building shall be to the satisfaction of the Chief Planner and Executive Director, City Planning Division. d. The owner shall provide and maintain the six (6) affordable rental dwelling units as rental dwelling units for a minimum of 99 years, beginning with the date each such unit is first occupied. No affordable rental dwelling unit shall be registered as a condominium or any other form of ownership such as life lease or co-ownership which provide a right to exclusive possession of a dwelling unit, and no application for conversion for non-rental housing purposes, or application to demolish any affordable rental dwelling unit shall be made for at least 99 years from the date of first occupancy. Upon the expiration of the 99 year period, the owner shall continue to provide and maintain the affordable rental dwelling units as rental dwelling units, unless and until such time as the owner has applied for and obtained all approvals necessary to do otherwise. e. During the first 99 years of occupancy, increases to initial rents charged to tenants occupying any of the affordable rental dwelling units shall be in accordance with the Residential Tenancies Act and shall not exceed the Provincial rent guideline. b. The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support the development: i. An acceptable tenant relocation and assistance plan shall be developed and implemented to mitigate hardship for existing tenants of the existing fifteen (15) rental dwelling units proposed to be demolished. 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. ii. The owner shall provide a minimum of 10-percent of all new units in the proposed 24-storey building as three-bedroom units. iii. The owner shall provide a minimum of 25-percent of all new units in the proposed 24-storey building as two-bedroom units. iv. The owner shall construct and maintain, at its own expense, an area of not less than 850 square metres north of Victoria Avenue East, abutting the rail corridor, for use by the general public as Privately Owned Publicly Accessible Open Space (POPS) with the specific location, configuration and design to be determined and secured in the context of Site Plan Approval to the satisfaction of the Chief Planner and Executive Director, City Planning. v. Prior to the 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, an access easement in favour of the City in perpetuity, including support rights as applicable, for public use of the POPS, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor. vi. 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 road widening of 3.7 metres along the frontage of the property on Weston Road, all to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services and the City Solicitor. vii. The owner shall satisfy the requirements of Metrolinx, Canadian Pacific Railway and Canadian National Railway, particularly regarding noise and vibration attenuation requirements and operational easement requirements, and shall insert any warning clauses in purchase and sale/tenancy agreements as required in connection with noise and vibration. viii. The owner shall construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard, and the owner shall 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. ix. The owner shall, at its own expense, address the following matters in any application for site plan approval for the development, which shall be determined and secured in a site plan agreement with the City, as applicable, all to the satisfaction of the Chief Planner and Executive Director, City Planning: a. Incorporation in the construction of the building of exterior materials shown on 1:50 scale drawings as approved by the Chief Planner and Executive Director and submitted as part of the Site Plan Approval process. b. Provision of on-site dog-relief facilities, with the location, nature and size of the facilities to be determined through the site plan approval process to the satisfaction of the Chief Planner and Executive Director, City Planning. c. Reconstruction of the City sidewalks to City standards along the frontages of Weston Road and Victoria Avenue East, to the satisfaction of the General Manager, Transportation Services. d. Incorporation of signage to identify the proposed Privately Owned Publicly Accessible Open Space (POPS) to be located on the north side of Victoria Avenue East, west of the abutting rail corridor. e. The construction management plan include on-site contact during the construction process for residents and stakeholders to contact.