Item - 2019.TE4.19

The Toronto and East York Community Council recommends that:

1. City Council authorize the City Solicitor, together with appropriate staff, to attend the Local Planning Appeal Tribunal hearing to oppose the appeal respecting the Zoning By-law Amendment application for 265 Balliol Street.

2. City Council authorize the City Solicitor and appropriate staff to continue discussions with the applicant to address the issues outlined in the report (January 26, 2019) from the Director, Community Planning, Toronto and East York District and to report back to City Council on the outcome of discussions, if necessary.

3. City Council defer making a decision at this time on the Rental Housing Demolition and Conversion Application (17 224019 STE 22 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to demolish the seven (7) existing rental dwelling units at 265 Balliol Street, known municipally as 239-251 Balliol Street, and instruct staff to report to Toronto and East York Community Council at such time as a Local Planning Appeal Tribunal decision has been issued regarding the Zoning By-law Amendment appeal, if necessary.

4. In the event that the Local Planning Appeal Tribunal allows the appeal in whole or in part:

a. City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any Order(s) on the Zoning By-law Amendment appeal for the subject lands pending City Council approval of Application 17 224019 STE 22 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to demolish the seven (7) existing rental dwelling units at 265 Balliol Street, known municipally as 239-251 Balliol Street.

b. City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any Order(s) on the Zoning By-law Amendment appeal for the subject lands pending confirmation of water, sanitary and stormwater capacity from the Chief Engineer and Executive Director, Engineering and Construction Services, and pending receipt of a Functional Servicing and Stormwater Management Report satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services;

c. City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any Order(s) on the Zoning By-law Amendment appeal for the subject lands until such time as the City Solicitor in consultation with the Chief Planner and Executive Director, City Planning and the owner have provided Zoning By-laws to the Tribunal in a form and with content satisfactory to the Director, Community Planning, Toronto and East York District and the City Solicitor, including securing the tenure of retained rental dwelling units and needed improvements to the rental building in conformity with Section 3.2.1.5 of the Official Plan, and the owner has entered into and registered a Section 37 Agreement with the City incorporating such tenant assistance, any other rental related matters, and other Section 37 matters, all to the satisfaction of the City Solicitor.

d. City Council authorize the Chief Planner and Executive Director, City Planning to secure services, facilities or matters pursuant to Section 37 of the Planning Act, in consultation with the Ward Councillor, for matters including, but not limited to:

     i. public realm improvements in the Yonge-Eglinton Secondary Plan Area;
     and/or

     ii. community services and facilities in the Yonge-Eglinton Secondary Plan
     Area in accordance with the priorities identified in the Council-adopted Yonge
     Eglinton Official Plan Amendment (OPA 405)'s Community Services and
     Facilities Strategy; and/or

     iii. tenant assistance plan; and/or

     iv. any other matters to be secured as a matter of convenience.

1. City Council request the City Solicitor to request the Local Planning Appeal Tribunal to consider the cumulative impacts, including community services and physical infrastructure, of the proposed developments on the following subject sites in, and adjacent to, the Davisville Village Apartment Neighbourhood currently under appeal: 

1925-1951 Yonge Street, 17-21 Millwood Road, and 22 Davisville Avenue

22 Balliol Street

30 Merton Street

141 Davisville Avenue

265 Balliol Street.

This application proposes to demolish seven existing rental townhouse dwellings and replace them in a new 29-storey residential building with a six-storey base building to the west of an existing 26-storey rental apartment building at 265 Balliol Street.

The proposed development is not consistent with the Provincial Policy Statement (2014) and does not conform with the Growth Plan for the Greater Golden Horseshoe (2017). The proposal also does not conform with the Toronto Official Plan.

This report recommends that the City Solicitor together with Planning Staff and other appropriate Staff be directed to oppose the appeal at the Local Planning Appeal Tribunal (LPAT). The proposed building does not fit within the character of the Apartment Neighbourhood along this section of Balliol Street in terms of height and density and does not provide an appropriate transition from the adjacent Mixed Use Area.