Item - 2017.TE28.11

The Toronto and East York Community Council recommends that:

1. City Council refuse the application for Official Plan and Zoning By-law Amendments at 66 Wellesley Street East, 552-570 Church Street and a City-owned Public lane for the reasons contained in the report (November 8, 2017) from the Acting Director, Community Planning, Toronto and East York District.

2. City Council authorize the City Solicitor together with City Planning and other appropriate staff to appear before the Ontario Municipal Board in support of City Council's decision to refuse the application, in the event that the application is appealed to the Ontario Municipal Board.

3. City Council defer making a decision on Rental Housing Demolition application No. 17 210154 STE 27 RH under Chapter 667 of the Toronto Municipal Code to demolish six existing residential rental dwelling units at 552-570 Church Street and 66 Wellesley Street East and instruct staff to report on the Section 111 application to Toronto and East York Community Council at such time as an Ontario Municipal Board decision has been issued regarding any appeals on the Official Plan and Zoning By-law Amendment application for  66 Wellesley Street East, 552-570 Church Street and  public lane, if necessary.

4. In the event that the Ontario Municipal Board allows the appeal in whole or in part, City Council direct the City Solicitor to request the Ontario Municipal Board to withhold the issuance of any Order(s) on the Official Plan and Zoning By-law Amendment appeal for the subject lands until such time as:

a. The owner has provided a satisfactory Functional Servicing Report to the satisfaction of Development Engineering;

b. The owner has satisfied the Toronto Green Standard – Tier 1 requirements;

c. The owner has provided draft by-laws to the Board in a form and with content satisfactory to the Director, Community Planning, Toronto East York District and the City Solicitor, including securing replacement rental dwelling units and rents, tenant relocation and assistance and any other rental housing related matters at least in conformity with Housing Policy 3.2.1.6 of the Official Plan, and the owner has entered into and registered a Section 37 Agreement with the City incorporating such replacement rental dwelling units, securing rents, tenant relocation and assistance, any other rental housing related matters and other Section 37 matters, all to the satisfaction of the City Solicitor;

d. City Council has dealt with the Rental Housing Demolition application No. 17 210154 STE 27 RH under Chapter 667 of the Toronto Municipal Code to demolish six existing rental dwelling units at 66 Wellesley Street East and 552-570 Church Street; and

e.  The owner and the City has secured appropriate community benefits in consultation with the Ward Councillor together with any matters to be secured as a matter of convenience with the final allocation and distribution determined by the Chief Planner and Executive Director, City Planning, and enter into and register an Agreement to secure those benefits, pursuant to Section 37 of the Planning Act.

The Toronto and East York Community Council requested the Chief Planner and Executive Director, City Planning to report directly to the December 6, 7 and 8, 2017 meeting of City Council regarding the community consultation meeting scheduled for November 28, 2017 for the lands at 66 Wellesley Street East and 552-570 Church Street on any further recommendations arising from the meeting.

This application proposes to amend the Official Plan and Zoning By-law to permit a 43-storey (162 metres, including mechanical penthouse) mixed-use building at 66 Wellesley Street East and 552-570 Church Street.  An existing City-owned public lane is also included in the proposed development site.  No authorization has been provided by the City to include the public lane in the development application.

An application for Rental Housing Demolition under Chapter 667 of the Municipal Code has been submitted and is being reviewed concurrently with the Official Plan and Zoning By-law Amendment application.  The proposed development would involve the demolition of 6 existing rental units according to the application documents.  The applicant has proposed to replace the units within the proposed building.  The applicant has also proposed to create a tenant relocation and assistance plan to provide an opportunity for the tenants to return to the replacement units.

A total of 127 vehicular parking spaces (92 resident and 35 visitor/commercial spaces) are to be provided in a 4-level underground parking garage.

Planning staff recommend that the application be refused.  The site is located in the Church Street Village Character Area of Official Plan Amendment 183 also known as Site and Area Specific Policy 382 ("SASP 382").  SASP 382 replaced Site and Area Specific Policy 155 (SASP 155), which defined the special character of the area by the low-scale and form of existing buildings, including many house-form structures. It also stated that new development along this portion of Church Street will reinforce the existing retail uses, be compatible with existing residential uses nearby and conform to the low-rise scale of existing development.

SASP 382 builds upon SASP 155 and identifies that in the Church Street Village Character Area, development should reinforce the core village area as a low to mid-rise pedestrian oriented main street with street related retail uses and narrow retail frontages subject to angular plane provisions for portions of this Character Area.  Further, that this Character Area is regarded as a stable area that should experience limited growth, both along Church Street and in the residential areas abutting and surrounding it.  As a policy in SASP 382 states, the only development permitted in Mixed Use Areas is sensitive low-scale infill that respects and reinforces the general physical character, pattern, scale, massing, setbacks and heritage value of this Character Area.

The proposal fails to achieve the required angular plane drawn from the Church Street lot line, commencing at a height of 16 metres above the street level, and then angling upwards at an angle of 44 degrees away from Church Street over the site.  It also casts new net shadow on the 519 Church Street community hub and Barbara Hall Park during the protected hours of 10:00 AM and 4:00 PM on March 21st and September 21st.

The site is not a tall building site and the proposal does not fit within the existing and planned context of the Church Street Village Character Area.  There is no justification to amend the Official Plan and Zoning By-laws to permit the proposed tower development.

Staff recommend that Council defer its decision on the application for Rental Housing Demolition under Chapter 667 of the Municipal Code pursuant to Section 111 of the City of Toronto Act, as the proposed development is not supported by Planning staff. Council's decision under this statute is not appealable to the Ontario Municipal Board. Following the Ontario Municipal Board decision on any appeals of the Official Plan and Zoning By-law Amendment application, the Section 111 permit application will return to Council for consideration, if necessary.

A community consultation meeting is scheduled for November 28, 2017, where the community can review the application, provide comments, and ask questions of City staff and the applicant. A supplementary report will be sent to Council reporting on the outcome of the community consultation meeting.