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Toronto City Council · 2020-06-29 · 2020.CC22.8

The filed record

64-66 Wellesley Street East, 552-570 Church Street and City-owned Public Lane - Official Plan Amendment, Zoning Amendment and Rental Housing Demolition Applications - Request for Directions

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The decision

2020-06-29 · Toronto City Council · adopted

As filed

City Council on June 29 and 30, 2020 adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 23, 2020) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (June 23, 2020) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (June 23, 2020) from the City Solicitor remain confidential at the discretion of the City Solicitor as it contains advice that is subject to solicitor-client privilege.

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The confidential instructions to staff in Confidential Attachment 1 to the report (June 23, 2020) from the City Solicitor were adopted by City Council and are now public, as follows: 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 17 210131 STE 27 OZ) for 64-66 Wellesley Street East and 552-570 Church Street, including the City-owned laneway. 2. City Council authorize the City Solicitor and appropriate staff to continue to seek revisions to the applications and to continue discussions with the applicant in an attempt to resolve issues with the proposal satisfactory to the Chief Planner and Executive Director, City Planning and to report back to City Council on the outcome of discussions, if necessary. 3. In the event that the Local Planning Appeal Tribunal allows the appeal in part, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any Order(s) until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that: a. the final form of the Official Plan Amendments and Zoning By-law Amendments are to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, 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 the owner's expense pursuant to Section 37 of the Planning Act and any other matters necessary to support the development; b. the owner has entered into a Heritage Easement Agreement with the City for the property at 64 Wellesley Street East in accordance with an approved Conservation Plan, all to the satisfaction of the Senior Manager, Heritage Preservation Services, including execution and registration of such agreement to the satisfaction of the City Solicitor; c. the owner has applied for and obtained approval for alterations to the heritage property at 64 Wellesley Street East under section 33 of the Ontario Heritage Act; d. City Council has dealt with a future Rental Housing Demolition application under Chapter 667 of the Municipal Code pursuant to Section 111 of the City of Toronto Act to demolish the existing rental dwelling units on the property and such matters arising from the future Rental Housing Demolition Application have been secured in a Section 111 Agreement to the satisfaction of the Chief Planner and Executive Director, City Planning, and registered on title to the site to the satisfaction of the City Solicitor; e. the owner has provided a revised Functional Servicing and Stormwater Management Report, Hydrogeological Report and supporting documents, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water; f. the owner has designed and provided financial securities for any upgrades and/or required improvements to municipal infrastructure in connection with the accepted Functional Servicing Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades to such infrastructure are required to support this development; g. the owner has entered into and executed a Section 37 Agreement securing such matters, services and facilities to be provided by the owner at the owner's own expense pursuant to Section 37 of the Planning Act and any other matters necessary to support the development all satisfactory to the Chief Planner and Executive Director, City Planning and registered on title to the lands satisfactory to the City Solicitor; and h. the owner withdraws the owner's appeals of Official Plan Amendment 352, and By-laws 1106-2016 and 1107-2016. 4. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision. The balance of Confidential Attachment 1 to the report (June 23, 2020) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (June 23, 2020) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

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.

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On or around February 28, 2020, the applicant submitted drawings in support of a further revised proposal on a with prejudice basis. The revised proposal is for a mixed use building that wraps around the existing City lane (Dapper Lane). The eastern half to the site, along Church Street (552-570 Church Street and 66 Wellesley Street East), a 9-storey mixed-use building with commercial and retail uses on the first two floors (1,650 square metres) and residential uses above. To the west of the lane, at 64 Wellesley, the proposal includes the retention of a portion of the heritage building, with the addition of a tall building resulting in a 39 storey mixed-use building (124 metres, plus an 8-metre mechanical penthouse) for a total of 132 metres, with 190 square metres of retail at grade. The total gross floor area of 38,805 square metres (36,980 square metres residential gross floor area; 1,825 square metres of non-residential gross floor area) and a proposed floor space index of 12.62. The development proposes 434 residential units, which include 68 rental replacement units. Ninety-nine parking spaces are proposed (73 residential; 26 visitor). The total gross area of proposed amenity space is 1265 square metres (965 square metres of indoor amenity area; 300 square metres of outdoor amenity area). The proposed Official Plan Amendment has been revised to remove the request to amend Map 18 - Land Use Plan. The request for re-designation of part of the lands from Apartment Neighbourhoods to Mixed Use Areas is no longer being requested. The purpose of this report is to request further instructions for the eight day LPAT hearing that is scheduled to commence September 8, 2020. City Planning has been involved in the preparation of this report.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to the report (June 23, 2020) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1 to the report (June 23, 2020) from the City Solicitor, if adopted by City Council. 3. City Council direct that all other

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information contained in Confidential Attachment 1 to the report (June 23, 2020) from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.

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