Item - 2019.TE3.8

The Toronto and East York Community Council recommends that:

1. City Council require, in accordance with Section 42 of the Planning Act 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 be conveyed to the City, or payment in lieu of an on-site parkland dedication be made to the City, or any combination thereof occur, all to the satisfaction the General Manger, Parks, Forestry and Recreation, or, the applicant may convey to the City an off-site parkland dedication provided the criteria of Chapter 415-26 of the Toronto Municipal Code are all met, to the satisfaction of the General Manager, Parks Forestry and Recreation.

2. City Council require that, in the event the Local Planning Appeal Tribunal approves the Zoning By-law Amendment and the Official Plan Amendment, in whole or in part, that the Tribunal’s Order be withheld pending confirmation from the City Solicitor that the City and the owner have entered into a heritage easement agreement, to the satisfaction of the Senior Manager, Heritage Preservation Services and such agreement has been registered on title to the satisfaction of the City Solicitor.

On December 5, 2017, the applications were refused by City Council and subsequently appealed to the Local Planning Appeal Tribunal (LPAT) pursuant to s. 22(7) and 34(11) of the Planning Act.

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. A Request for Directions report dated April 24, 2018 was adopted by Toronto and East York Community Council and City Council to continue to oppose the applications at the LPAT. The report contained several recommendations which were adopted by City Council, including a recommendation requiring the applicant to provide on-site parkland dedication.

On January 21, 2019, the Toronto Preservation Board adopted staff's recommendations to designate the property at 64 Wellesley Street East under Part IV, Section 29 of the Ontario Heritage Act.

In light of the recommendations arising from Toronto Preservation Board, staff are seeking Council direction to delete one of the recommendations (Recommendation 3, item 32.19) previously adopted by City Council on May 22, 2018 and replace it with Recommendation 1 (noted below).

Further, a second recommendation (2) is also added to reflect the need for a Heritage Easement agreement in the event that the LPAT approves the Official Plan Amendment and Zoning By-law Amendment in whole or in part.