Item - 2024.TE12.11

The Toronto and East York Community Council recommends that:

1. City Council refuse the Official Plan Amendment and Zoning By-law Amendment Applications in their current form, for the lands municipally known as 68-78 Wellesley Street East and 505-509 Church Street.

2. In the event the applications are appealed to the Ontario Land Tribunal, City Council, pursuant to subsections 22(8.1) and 34(11.0.0.1) of the Planning Act, use mediation, conciliation or other dispute resolution techniques in an attempt to resolve the Official Plan Amendment and Zoning By-law Amendment applications, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

3. City Council direct the City Clerk, should an appeal be filed, to notify all persons or public bodies who may have filed an appeal to this decision of City Council’s intention to rely on subsections 22(8.1) and 34(11.0.0.1) of the Planning Act and the City Clerk shall provide notice to all prescribed persons or public bodies under subsections 22(8.2) and 34(11.0.0.2) of the Planning Act. 

4. City Council direct the City Clerk, should an appeal be filed, to notify the Ontario Land Tribunal of City Council’s intention pursuant to subsections 22(8.1) and 34(11.0.0.1) of the Planning Act, and that the Ontario Land Tribunal shall receive the record, the notice of appeal and other prescribed documents and materials seventy-five (75) days after the last day for filing a notice of appeal for these matters.

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

6. City Council direct the City Solicitor to request, in the event of an appeal to the Ontario Land Tribunal, the Ontario Land Tribunal to withhold its final order, until the following conditions are met:

a. the final form of the Official Plan and Zoning By-law Amendments are to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor, including any appropriate holding (H) provisions;

b. City Council has approved Rental Housing Demolition Application 24 109955 STE 13 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of the existing rental housing, and the owner has entered into, and registered on title to the lands, one or more agreements with the City, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, securing all rental housing-related matters necessary to implement City Council’s decision including:

i. replacement of the existing 17 rental dwelling units, including the same number of units, bedroom type and size and with similar rents; and

ii. an acceptable Tenant Relocation and Assistance Plan addressing the right for existing tenants to return to a replacement rental unit on the lands at similar rents, the provision of rent gap assistance, and other assistance to lessen hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

c. the applicant has resolved all comments from Engineering and Construction Services contained in their March 5, 2024 memorandum to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d. the owner shall revise the Functional Servicing and Stormwater Management Reports prepared by Counterpoint Engineering, and re-submit to the City for review and acceptance by Engineering and Construction Services; the report will determine whether the municipal water, sanitary and storm sewer systems can support the proposed development and whether upgrades or improvements of the existing municipal infrastructure are required;

e. the owner shall enter into a financially secured agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades and road improvements are required to support the development, according to the transportation report accepted by the General Manager, Transportation Services and the functional servicing report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;

f. enter into a Heritage Easement Agreement with the City for the property at 68 Wellesley Street East, substantially in accordance with the plans and drawings, prepared by the applicant architect, to the satisfaction of the Senior Manager, Heritage Planning, including execution of such agreement to the satisfaction of the City Solicitor; and

g. provide a detailed Conservation Plan, prepared by a qualified heritage consultant that is consistent with the conservation strategy set out in a forthcoming Heritage Impact Assessment for 68 Wellesley Street East, to the satisfaction of the Senior Manager, Heritage Planning.

This report reviews and recommends refusal of the Official Plan and Zoning By-law Amendment to work with the applicant to use mediation to resolve the outstanding issues regarding their proposal for a 28-storey mixed use building at 68-78 Wellesley Street East and 505-509 Church Street. The proposed building would contain 258 residential units and 620 square metres of non-residential gross floor area.

The proposed built form and massing is not consistent with the Church Street Character Area policies of Site and Area Specific Policy 382 in the Official Plan. The outstanding issues cannot be resolved within the legislated timeline for decision of 120 days. If City Council does not make a decision within the legislated timeline, the City may be subject to a request to refund all or part of the application fees.

The application proposes to maintain and reconstruct portions of the existing designated Heritage building on site. A related Rental Housing Demolition and Conversion application proposing to replace the existing 17 rental dwelling units is currently under review.