Item - 2018.TE32.19

The Toronto and East York Community Council recommends that:

1. City Council direct the City Solicitor, together with the appropriate staff, to attend the Local Planning Appeal Tribunal hearing to continue to oppose the applicant's appeal respecting the Official Plan and Zoning By-law Amendment application (File No. 17 210131 STE 27 OZ) for 64-66 Wellesley Street East and 552-570 Church Street and the City-owned public lane for the reasons contained in the report (April 24, 2018) from the Acting Director, Community Planning, Toronto and East York District.

2. City Council authorize the City Solicitor and appropriate staff to seek revisions to the applications and continue discussions with the applicant in an attempt to resolve issues outlined in the report (April 24, 2018) from the Acting Director, Community Planning, Toronto and East York District regarding 64-66 Wellesley Street East and 552-570 Church Street and the City-owned public lane, to the satisfaction of the Chief Planner and Executive Director, City Planning and to report back to City Council on the outcome of discussions, if necessary.

 3. City Council require that, in the event the Local Planning Appeal Tribunal approves the Zoning By-law Amendment and the Official Plan Amendment application, in whole or in part, an on-site parkland dedication pursuant to Section 42 of the Planning Act be conveyed to the City, as described and set out in th report (April 24, 2018) from the Acting Director, Community Planning, Toronto and East York District, to the satisfaction the General Manger, Parks, Forestry and Recreation.

4. 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 65 existing residential rental dwelling units at 64-66 Wellesley Street East and 552-570 Church Street and instruct staff to report on the Section 111 application to Toronto and East York Community Council at such time as an LPAT decision has been issued regarding any appeals on the Official Plan and Zoning By-law Amendment application for  64-66 Wellesley Street East and 552-570 Church Street and the City-owned public lane, if necessary.

5. In the event that the Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council direct the City Solicitor to request the LPAT 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 Chief Engineer and Executive Director, Engineering and Construction Services;

b. The owner has satisfied the Toronto Green Standard – Tier 1 requirements to the satisfaction of the Chief Planner and Executive Director, City Planning;

c. 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 65 existing rental dwelling units at 64-66 Wellesley Street East and 552-570 Church Street;

d. The Local Planning Appeal Tribunal has been advised by the City Solicitor that the final form and content of the draft by-laws are satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services; and amongst other matters include:

i. 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; and

ii. the requirement for appropriate matters, services and facilities to be provided by the owner at its expense pursuant to section 37 of the Planning Act and any other matters necessary to support the development; and

e. The Local Planning Appeal Tribunal has been advised by the City Solicitor that a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, has been executed and registered to the satisfaction of the City Solicitor.

On November 30, 2017, the applicant appealed Council's refusal of an Official Plan and Zoning By-law Amendment application for a 43-storey (162 metres including mechanical penthouse) mixed-use building at 66 Wellesley Street East, 552-570 Church Street and a City-owned public lane to the Local Planning Appeal Tribunal (LPAT).  An LPAT pre-hearing has been scheduled for June 28, 2018 (PL171473).

On February 16, 2018, the applicant submitted a revised proposal which involved the expansion of the site to include the property at 64 Wellesley Street East.

The revised proposal is a 39-storey (142 metres including mechanical penthouse) mixed-use building.  A total of 442 residential units, 4,900 square metres of retail, 140 parking spaces, and 487 bicycle parking spaces are proposed.

 The purpose of this report is to seek direction from City Council with respect to the revised proposal and seeks direction to oppose the application at the LPAT hearing and resume discussions with the applicant to resolve the issues identified in this report.

The height and massing of the revised proposal do not conform to the policies of the Official Plan; do not fit within the existing and planned context of the Church Street Village Character Area; and, do not adequately address the public realm, including nearby streets, parks, and open spaces.

An application for Rental Housing Demolition under Chapter 667 of the Municipal Code has been filed to permit the demolition of 6 existing rental units located at 552-554 Church Street and 59 existing rental units located at 64 Wellesley Street East.  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.

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 LPAT.  Following the LPAT decision on the Official Plan and Zoning By-law Amendment appeals, the Section 111 permit application will return to Council for consideration, if necessary.