CITY CLERK Consolidated Clause in Report 6, which was considered by City Council on July 19, 20, 21 and 26, 2005. 74 Further Report - Wellesley Central Health Corporation - 146-160 Wellesley Street East (Toronto Centre-Rosedale, Ward 27) City Council on July 19, 20, 21 and 26, 2005, adopted this Clause without amendment. The recommends that City Council adopt the staff recommendations in the Recommendations Section of the report (July 4, 2005) from the Director, Community Planning, South District: Purpose: This report reviews and recommends changes to the conditions of Draft Plan of Subdivision Approval to identify environmental requirements for specific blocks and to recognize a risk assessment approach for the environmental remediation of certain lands on the former Wellesley Hospital site. Community Council's consideration of this report at its current session is required to minimize delay to the redevelopment of the former Wellesley Hospital site, which includes a supportive housing development sponsored by the City's Lets Build Affordable Housing Program. The Wellesley Central Health Corporation has indicated that it will be in a position to commence the work associated with a risk assessment approach over the summer months should the report's recommendations be adopted. Financial Implications and Impact Statement: There are no financial implications resulting from the adoption of this report. Recommendations: It is recommended that: (1) the conditions of Draft Plan of Subdivision Approval identified in Recommendation No. 6 of the Final Report, dated April 20, 2004, be amended to include conditions related to a risk assessment approach, and conditions on the requirements and timing of environmental matters for specific blocks on the former Wellesley Hospital site as set out in Attachment 2;
2 (2) the Chief Planner and Executive Director, who has been delegated the authority to approve conditions of draft plan of subdivision approval, change the conditions of Draft Plan of Subdivision Approval (No. 55T-03-217) issued on October 27, 2004 pursuant to Section 51(44) of the Planning Act to give effect to Recommendation No. 1; and (3) notice of changed conditions of draft plan of subdivision approval be given according to Section 51(45) of the Planning Act. Background: The Wellesley Central Health Corporation (WCHC) owns the 1.59 hectare site at the northwest corner of Wellesley Street East and Sherbourne Street. Until 1998 the Wellesley Hospital operated on the site. In 2003, the former hospital buildings were demolished. The WCHC is a non-profit corporation established to administer the assets of the former Hospital, which includes this site. It promotes healthy urban communities through research, public policy development, education and community development projects. Since the closure of the hospital, WCHC has been working with City staff, the community and the local Councillor on a comprehensive redevelopment approach for the former Wellesley Hospital site. In 2004, City Council approved Official Plan Amendment No. 293 and Zoning By-law 468-2004, which implemented a planning framework to integrate the former Wellesley Hospital site with the surrounding community. The framework includes a new street and pedestrian network, development blocks for a mix of uses and a new park block. Attachment 1 provides the block plan for the site. The following table identifies the various uses and block number: Block Number Land Use 1 Proposed market housing fronting Wellesley Street East 2 Proposed public park 3 Proposed supportive housing apartment building sponsored by Lets Build 4 Long term care facility (nearing completion) 5 Proposed interim turning notch with future conversion to park use 6 & 7 Proposed road widenings on Wellesley Place and Wellesley Street East 8 Proposed Homewood Avenue extension Since Council s approval of the Official Plan Amendment and rezoning, City staff have been working with the WCHC and third parties with development interests in Block 1 and Block 3. Subdivision Application Recommendation No. 6 in the Final Report, dated April 20, 2004, advised that the Chief Planner and Executive Director proposed to approve Subdivision Application 03 035169 STE 27 SB for the former Wellesley Hospital site on the conditions set out in the report. Accordingly, the Chief Planner and Executive Director issued Draft Plan of Subdivision Approval (No. 55T-03-217) on October 27, 2004.
3 Comments: Under the approved planning framework, Blocks 2 and 5 are to be conveyed to the City and used as a park, and Block 8 is to be conveyed to the City for the extension of Homewood Avenue across the site. At a May 12 th meeting with City staff, the WCHC advised that during the demolition of the former hospital, demolition debris was placed in the building foundations. A recent Phase II environmental assessment carried out by Pinchin Environmental Ltd. on Blocks 2, 5 and 8 has revealed the presence of certain contaminants within the demolition debris in these building foundations that exceed provincial standards recommended under Ontario Regulation 153/04. The WCHC is proposing a risk assessment approach to address the contaminants on Blocks 2, 5 and 8. The conditions of Draft Plan of Subdivision Approval issued on October 27, 2004 recognize a generic approach to the remediation of the former Wellesley Hospital site. The WCHC s proposal requires a change to the conditions of draft plan approval as the intent of the environmental clean-up has changed from a generic to a risk assessment approach. Risk Assessment Approach The Ministry of the Environment regulates the environmental remediation of lands through Ontario Regulation 153/04 (Regulation). The Regulation sets out generic standards for acceptable levels of contaminants in soils based on type of land use. Under the generic approach, an applicant carries out any necessary remediation of the subject land and completes a Record of Site Condition (RSC) certifying that the land is suitable for its intended use based on the generic standards set out in the Regulation. A completed RSC is filed with the Ministry. The Regulation also permits a risk assessment approach as an alternative to the generic approach for dealing with contamination. Under a risk assessment approach, detailed site specific information is used to produce estimates of potential risks from contaminants to public health and the environment, and to demonstrate that concentrations of contaminants greater than the generic standards can be addressed at a given site. Typically, this is achieved through risk management measures, such as a cap of clean soil. The Ministry of the Environment must approve a risk assessment approach for a given site. This differs from the generic approach whereby the completed RSC is simply acknowledged by the Ministry. Blocks 2, 5 and 8 Blocks 2, 5 and 8 are to be conveyed to the City under the approved planning framework for the former Wellesley Hospital site. The following table identifies the extent of the impacted material found in these blocks, as advised by the WCHC. Block Proposed Use Area (m2) Extent of Impacted Fill Materials 2 Public park 2,200 66% of area; depth of 5+ metres 5 Interim turning notch; future park 140 100% of area; depth of 6+ metres 8 Homewood Avenue extension 2,210 85 % of area; depth of 5+ metres
4 The WCHC has indicated that complete removal of contaminants on Blocks 2, 5 and 8 by excavation and disposal is cost-prohibitive and is likely unnecessary should a risk assessment approach be utilized for these lands. Before advancing with the detailed work associated with a risk assessment approach, the WCHC is seeking acceptance by the City of a risk assessment approach in principle, as opposed to a generic approach, for these blocks. Official Plan Policy and City Practice The former City of Toronto Official Plan provides policy direction with respect to the environment and its remediation. Section 2.19 directs Council to ensure that development only occurs on sites where the soil quality does not present an unacceptable health risk to future site users and where the health of the ecosystem will not be compromised by off site contamination. Section 2.80 identifies environmental objectives to improve the environmental quality of future development. The policy directs Council to encourage all new development to address a number of objectives including the remediation, re-use and/or disposal of contaminated land in an environmentally sound manner. The Official Plan policies are in keeping with the provincial interests on the protection of public health and safety identified in Section 2 of the Planning Act and the policies of the Provincial Policy Statement. The Council-approved approach for addressing Official Plan policies on these matters is the Site Remediation Peer Review for Contaminated Sites administered by the Technical Services Division. This process requires the applicant to submit their environment reports to a consultant hired by the City for a peer review. This process enables the City to consider whether or not a site is suitable for a particular use in conjunction with the applicant complying with Ontario Regulation 153/04, administered by the Ministry of the Environment. As discussed earlier in this report, a risk assessment approach is recognized as an approach for dealing with contamination under the Regulation. Technical Services staff advise that the undertaking of a risk assessment approach by WCHC is acceptable subject to the appropriate conditions being secured in the Draft Plan of Subdivision Approval. Proposed Conditions of Draft Plan of Subdivision Approval Section 51(44) of the Planning Act enables the City, in its discretion, to change the conditions of draft plan approval at any time before approval of the final plan of subdivision. In this case, it is recommended that the conditions be amended to include conditions regarding a risk assessment approach as well as conditions on the requirements and timing of environmental matters for specific blocks on the former Wellesley Hospital site. This requires substituting the conditions in Attachment 2 for the conditions identified in Recommendation No. 6 in the Final Report as well as the subsequent Draft Plan of Subdivision Approval as set out in the following table.
5 Document Recommendation No. 6 Final Report dated April 20, 2004 Draft Plan of Subdivision Approval dated October 27, 2004 Conditions (u), (v), (w), (x), (y), (uu), (vv) 22, 23, 24, 25, 26, 48, 49 With respect to a risk assessment approach, the proposed conditions in Attachment 2: (i) (ii) (iii) require the WCHC to comply with the City s Site Remediation Peer Review for Contaminated Sites; identify the timing and submission requirements of all environmental material by WCHC s qualified environmental consultant for review and concurrence by Technical Services and the City s peer reviewer including the review and acceptance of all environmental material submitted to the Ministry of the Environment as part of its approval process for a risk assessment approach; and require the WCHC to provide a copy of the completed risk assessment with confirmation it has been approved by the Ministry of the Environment and confirmation that the risk assessment measures have been implemented prior to the earlier of the release of the plan of subdivision for registration or in conjunction with the installation of municipal services. Amending the conditions of draft plan of submission approval to include the proposed conditions will recognize the potential of a risk assessment approach and set out the City s requirements for accepting lands that have been subject to this type of approach. In addition, Attachment 2 identifies specific conditions regarding the requirements and timing of environmental reports and documentation for the proposed street widenings and development blocks (Block 1 and 3) on the former Wellesley Hospital site. These proposed conditions provide additional clarity regarding the environmental requirements for these lands in accordance with the City s practises and peer review process. This report has been prepared with input from staff in the Technical Services Division, the Parks, Forestry and Recreation Division and the Legal Division. The proposed conditions have been discussed with WCHC s representatives. Conclusions: The WCHC proposes a risk assessment approach to remediate Blocks 2 and 5 (future public park) and Block 8 (future Homewood Avenue extension) on the former Wellesley Hospital site. The proposed risk assessment approach requires changes to the conditions identified in Recommendation No. 6 in the Final Report and the conditions of Draft Plan of Subdivision Approval (No. 55T-03-217) issued on October 27, 2004, as the intent of the environmental clean-up has changed from a generic to a risk assessment approach. This report recommends these changes, and proposes conditions requiring Ministry of the Environment approval of the risk assessment for Blocks 2, 5 and 8, and implementation prior to the final approval and
6 registration of the plan of subdivision. As well, conditions on the environmental requirements for the proposed street widenings and development blocks are also recommended. Contact: Corwin Cambray, Planner Ph: (416) 392-0459; Fax: (416) 392-1330; Email: ccambra@toronto.ca (A copy of Attachment 1: Block Plan of former Wellesley Hospital site (reference only) were forwarded to all Members of the with the agenda for its meeting on July 5, 2005, and copies are on file in the City Clerk s Office) Attachment 2 Proposed Conditions of Draft Plan of Subdivision Approval The proposed conditions of Draft Plan of Subdivision Approval listed in this Attachment replace the conditions identified in Recommendation No. 6 of the Final Report as well as Draft Plan of Subdivision Approval (No. 55T-03-217) dated October 27, 2004, as set out in the following table. Document Recommendation No. 6 Final Report dated April 20, 2004 Draft Plan of Subdivision Approval (No. 55T-03-217) dated October 27, 2004 Conditions (u), (v), (w), (x), (y), (uu), (vv) 22, 23, 24, 25, 26, 48, 49 Block 8 (Proposed Homewood Avenue extension) Blocks 2 and 5 (Proposed public park) 1. The Owner shall submit to the satisfaction of the Executive Director of Technical Services for review and concurrence the Environmental Site Assessment (ESA) reports, the Pre-Submission Form (PSF), and any risk management measures in the Risk Assessment (RA) that may need to vary from the PSF. The ESA should describe the current site conditions and the proposed remedial action plans indicating that an RA would be used to the satisfaction of the Executive Director of Technical Services. Any risk management measures will reasonably provide for the protection of the health and safety of the individuals installing, maintaining and modifying the municipal services and utilities located in the Homewood Avenue Extension and Public Park;
7 2. The Owner agrees that the types of reports that may be requested by the Executive Director of Technical Services, acting reasonably, and the timing of the submission such reports shall be at the sole discretion of the Executive Director of Technical Services and shall be detailed in the subdivision agreement. The Owner shall further agree to implement the recommendations contained in those reports at his own expense; 3. The Owner shall pay all costs associated with the City retaining a third-party peer reviewer and submit a certified cheque payable to the City of Toronto in the amount of $5,000.00, as a deposit towards the cost of the peer review; 4. The Owner shall provide a copy of the completed Risk Assessment (RA) with confirmation that it has been approved by the Ministry of the Environment (MOE) and confirmation that the risk management measures have been implemented prior to earlier of the Release of the Plan for Registration or in conjunction with the provision of installation of municipal services; 5. The Owner shall submit, prior to the earlier of the release of the Plan for Registration or Release of Construction of Services, a Statement from a Professional Engineer (sealed and dated) that the lands to be conveyed to the City are suitable for the intended use and meets the current MOE standards and regulations; Block 6 (Proposed Wellesley Place street widening) Block 7 (Proposed Wellesley Street East street widening) 1. The Owner shall submit the environmental site assessment reports describing the current site conditions and the proposed remedial action plans to the Executive Director of Technical Services, for peer review and concurrence prior to the Release of the Plan for Registration; 2. The Owner shall pay all costs associated with the City retaining a third-party peer reviewer and submit a certified cheque payable to the City of Toronto in the amount of $3,000.00, as a deposit towards the cost of the peer review; 3. The Owner shall submit a Statement from a Professional Engineer (sealed and dated), for concurrence by the City s peer reviewer, that, based on all necessary supporting environmental documents that the lands are suitable for its intended use prior to the release of the Plan for Registration; 4. The Owner shall submit a Record of Site Condition (RSC) acknowledged by the Ministry of the Environment (MOE), to the Executive Director of Technical Services prior to the release of the Plan for Registration;
8 Block 1 (Proposed market housing development) Block 3 (Proposed supportive housing development) 1. The Owner shall submit, prior to the issuance of site plan approval for Block 1, a copy of the RSC acknowledged by the Ministry of the Environment for the proposed Homewood Avenue Extension and the public park; 2. The Owner shall submit environmental site assessment reports describing the current site conditions and the proposed remedial action plans to the satisfaction of the Executive Director of Technical Services, for peer review and concurrence prior to the issuance of site plan approval for Blocks 1 and 3; 3. The Owner shall pay all costs associated with the City retaining a third-party peer reviewer and submit a certified cheque payable to the City of Toronto in the amount of $3,000.00, as a deposit towards the cost of the peer review in conjunction with the ESA required prior to site plan approval for Blocks 1 and 3; 4. The Owner shall submit, prior to the issuance of site plan approval for Blocks 1 and 3, a Statement from a Professional Engineer (sealed and dated), for concurrence by the City s peer reviewer, that, based on all necessary supporting environmental documents: (a) (b) the site is suitable for its intended use; and it is unlikely that there is any off-site contamination, resulting from past land uses on the site, that has migrated from the site to the adjacent rights-of-way, that would exceed applicable MOE standards or regulations; and 5. The Owner shall submit a Record of Site Condition (RSC), acknowledged by the Ministry of the Environment (MOE), to the Executive Director of Technical Services prior to issuance of any site plan approval for Blocks 1 and 3.