Item - 2023.TE7.12

The Toronto and East York Community Council recommends that:

1. City Council direct the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal in opposition to the current applications regarding the Zoning By-law Amendment and Site Plan Control appeals for the lands at 38 Walmer Road and 188 Lowther Avenue and to continue discussions with the applicant in an attempt to resolve outstanding issues.

2. In the event that the Ontario Land Tribunal allows the appeals in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Orders be withheld until such time as the City Solicitor advises that:

a. the final form and content of the draft Zoning By-laws are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the applicant has provided confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the Chief Engineer and Executive Director, Engineering and Construction Services has determined that holding provisions are required in the Zoning By-law amendment;

c. the applicant has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Zoning By-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review;

d. the owner has submitted a Revised Heritage Impact Assessment that includes a conservation strategy for the on-site significant heritage resources, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning;

e. the owner has entered into a Heritage Easement Agreement with the City for the property at 38 Walmer Road and 188 Lowther Avenue, substantially in accordance with the Revised Heritage Impact Assessment required in Recommendation 2.d. above, subject to and in accordance with the approved Conservation Plan required in Recommendation 2.f. below, all to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning, including execution and registration of such Agreement to the satisfaction of the City Solicitor;

f. the owner provides a detailed Conservation Plan, prepared by a qualified heritage consultant, that is substantially in accordance with the conservation strategy set out in the Revised Heritage Impact Assessment required by Recommendation 2.d. above, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning; and

g. the owner has submitted an application and gained the required approval in writing under Sections 33 and 34 of the Ontario Heritage Act for the proposed demolition and alterations to the heritage property at 38 Walmer Road and 188 Lowther Avenue.

3. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

On August 4, 2022, Zoning By-law Amendment and Site Plan Control applications were submitted to permit an 80-metre (20-storey excluding mechanical penthouse) mixed-use building, containing 162 dwelling units and 1,950 square metres of non-residential gross floor area. The application proposes the alteration of the Walmer Road Baptist Church at 38 Walmer Road and the demolition of the Sunday School building at 188 Lowther Avenue.

On May 31, 2023, the applicant appealed the Zoning By-law Amendment application and referred the Site Plan Control application to the Ontario Land Tribunal due to Council not making a decision within the time frame in the Planning Act.

The report recommends that the City Solicitor with the appropriate City staff attend the Ontario Land Tribunal hearing to oppose the applications in their current form and to continue discussions with the applicant to resolve outstanding issues.