Item - 2018.TE32.9

The Toronto and East York Community Council recommends that:

1. City Council amend the Official Plan, for the lands at 155 Wellesley Street East substantially in accordance with the draft Official Plan Amendment attached as Attachment 8 to the report (April 16, 2018) from the Acting Director, Community Planning, Toronto and East York District.

2. City Council amend Zoning By-law 438-86 for the lands at 155 Wellesley Street East substantially in accordance with the draft Zoning By-law Amendment to be available at the Toronto and East York Community Council meeting of May 2, 2018.

3. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 155 Wellesley Street East substantially in accordance with the draft Zoning By-law Amendment to be available at the Toronto and East York Community Council meeting of May 2, 2018.

4. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and Zoning By-law Amendments as may be required.

5. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to:

a. Enter into an Agreement pursuant to Section 37 of the Planning Act; and

 
b. Design and provide financial securities for, any upgrades or required improvements  to the existing municipal infrastructure identified in the accepted  Functional Servicing Report, Stormwater Management Report, and Hydrogeological Report to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services, should it be determined that improvements or upgrades are required to support the development, according to the Functional Servicing Report, Stormwater Management Report, and Hydrogeological Study, accepted by the Executive Director, Engineering and Construction Services and the General Manager, Transportation Services.

6.  City Council direct the By-laws and Section 37 Agreement to require the owner at no cost to the City to design, financially secure, construct and make operational, any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report, Stormwater Management Report, and Hydrogeological Report to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services and the City Solicitor;

7.  City Council direct the By-laws and the Section 37 Agreement to require that prior to the issuance of any above-grade building permit for all or any part of the site, including for clarity, any conditional above-grade building permit, the owner shall construct, complete and make operational any upgrades or required improvements to the existing municipal infrastructure identified in the accepted  Functional Servicing Report, Stormwater Management Report, and Hydrogeological Report to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services and the City Solicitor.

8. Before introducing the necessary Bills to City Council for enactment, City Council seek confirmation from the City Solicitor that the implementation of the Functional Servicing Report, Stormwater Management Report and Hydrogeological Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services either does not require changes to the proposed amending by-laws or any such required changes have been made to the proposed amending by-laws to the satisfaction of the Chief Planner and Executive Director, City Planning, the City Solicitor and the Executive Director, Engineering and Construction Services.

9. City Council direct the Community Benefits to be secured in the Section 37 Agreement referred to in Recommendation 5 above to conserve rental housing in accordance with the provisions of the Official Plan are as follows:

 
a. The owner of the existing 116 unit residential rental building, known as 155 Wellesley Street East, shall agree to secure the tenure of 113 existing units in the existing rental building as rental housing, with no applications for demolition or conversion of the maintained rental units to a non-rental purpose for a period of 20 years commencing from the date of the approval of the amending by-laws.

10. City Council seek confirmation the following improvements and amenities also be secured as community benefits in the Section 37 agreement with no cost pass-through to residents of the existing building, all to the satisfaction of the Chief Planner and Executive Director, City Planning or designate.

 
a. The Owner, prior to the first above-grade building permit (including any conditional permit), will provide the following improvements for the use and enjoyment of all residents of the rental building at 155 Wellesley Street East in conformity with required Site Plan Approval to the satisfaction of the Chief Planner and Executive Director, City Planning or designate:

i. New outdoor amenity space of 100 square metres, in the form of a furnished patio, located in the southwest corner of the site;

 
ii. New indoor amenity space of 53 square metres in the form of a gymnasium located on the lower level of the existing building, adjacent to the existing laundry room;

 
iii. New long-term bicycle storage for tenants of the existing building in the underground parking area.

 
iv. New short-term bicycle racks located near the residential and retail entrances. 

 
v. Refurbishment of the existing bicycle storage room located adjacent to the basement vehicle entrance.

 
vi. Improvements to the building entrances and lobby including the introduction of indoor lobby seating.

b. Prior to the first above-grade building permit (including any conditional permit), obtain Final Site Plan Approval for the building at 155 Wellesley Street East.

 
c. Prior to the introduction of the first non-residential use on the site, provide outdoor amenity space of no less than 100 square metres in conformity with a site plan to the satisfaction of the Chief Planner and Executive Director, City Planning or designate.

d.  Prior to the issuance of a Notice of Approval Conditions, the owner shall provide a letter of credit for 120% of value of the improvements listed in Recommendation 10.a. above, to the satisfaction of the Chief Planner and Executive Director, City Planning or designate.

e.  Prior to the issuance of any building permit, including for clarity any permit for demolition, excavation, shoring, or any conditional permit, excepting permits for repairs, maintenance and usual and minor works, the owner shall obtain a Notice of Approval Conditions, all to the satisfaction of the Chief Planner and Executive Director, City Planning or designate.

 
f. Provide and maintain all improvements referred to in Recommendations 10.a. and c. above for the use and enjoyment of all residents of the rental building at 155 Wellesley Street East with furnishings and finishes appropriate to their use.

 
g. Ensure that the improvements in Recommendations 10.a. and c. above will continue to be used for such purposes without the loss of existing rental units or related services or facilities in a location agreeable to the Chief Planner and Executive Director, City Planning or designate, with the provision of the attached zoning by-laws, with no application to be made by the owner or any subsequent owner to amend provisions of the Zoning By-laws for at least 20 years without the consent of the Chief Planner and Executive Director, City Planning;

 
h. Provide a Construction Mitigation Strategy to the satisfaction of the Chief Planner and Executive Director, City Planning; and

 
i. Pay for and construct any improvements to the municipal infrastructure in connection with the accepted Functional Servicing Report, to be submitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development.

11.  City Council require the By-laws and the Section 37 Agreement shall require that prior to the issuance of any Demolition Permit to demolish any residential building, Existing Rental Unit or portion thereof, the owner has obtained Final Site Plan Approval for all or a portion of the Site that implements the Zoning By-law Amendments, or as otherwise authorized by the Chief Planner and Executive Director, City Planning, the Chief Planner and Executive Director, City Planning has given the preliminary approval to the application under the Toronto Municipal Code Chapter 667, and the Official Plan Amendment and the Zoning By-law Amendments have come into full force and effect, all to the satisfaction of the Chief Planner and Executive Director, City Planning or designate.

The Toronto and East York Community Council held a statutory public meeting on May 2, 2018, and notice was given in accordance with the Planning Act.

These applications propose to amend the City's Official Plan and Zoning By-law Nos. 438-86 and 569-2013 to allow for the expansion and conversion of the first two storeys of an existing 18-storey, 116 unit residential rental apartment building to permit a two-storey medical facility and retail use at 155 Wellesley Street East.  Alterations are proposed to the existing ground floor rental office, corridors and storage rooms to facilitate the proposed uses.  The application also proposes the removal of three (3) rental dwelling units on the ground floor.

A Rental Housing Demolition application was submitted under Section 111 of the City of Toronto Act to demolish three (3) rental residential dwelling units. This report recommends approval of the rental housing demolition application under Municipal Code 667, subject to conditions.  Replacement of the rental dwelling units is not required because less than six (6) rental dwelling units are proposed to be demolished.  The applicant has provided tenant relocation and assistance to the one eligible tenant.

City Planning recommends that Council approve the Official Plan and Zoning By-law Amendment applications.  The proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan.  The proposal provides for a health service and commercial use that will enhance the vibrancy and active nature of the Wellesley Street East streetscape and is consistent with the objectives of the City's Official Plan.  The design of the addition will contribute to and enhance the public realm.

Section 37 contributions related to securing rental tenure and improvements to the existing building have been agreed upon and will be secured through one or more agreements pursuant to Section 37 of the Planning Act.

This report reviews and recommends approval of the applications to amend the Official Plan and Zoning By-laws.