Item - 2020.NY20.10

North York Community Council recommends that:

1. City Council direct Staff to:

a. schedule a community consultation meeting for the Zoning By-law Amendment Application located at 405 and 415 Mount Pleasant Road, 323, 323R and 325 Balliol Street together with the Ward Councillor; and

b. notice for the community consultation meeting for the Zoning By-law Amendment Application be given to landowners and residents within 120 metres of the application site, and to additional residents, institutions and owners to be determined in consultation with the Ward Councillor, with any additional mailing costs to be borne by the applicant.

2. City Council, pursuant to Subsection 22(2.2) of the Planning Act, not permit the applicant's request to amend the Yonge-Eglinton Secondary Plan prior to the second anniversary of the first day any part of the plan came into effect and City Council further direct Staff to return all related application fees submitted by the applicant in relation to their request to amend the Yonge-Eglinton Secondary Plan.

An application to amend City of Toronto Zoning By-law Nos. 438-86 and 569-2013 has been received for the lands at 405 and 415 Mount Pleasant Road, 323, 323R and 325 Balliol Street.  The application proposes a 9-storey, 32.68 metre high (36.54 metres to the mechanical penthouse) mixed-use building, which will be primarily used for seniors’ care and living.  The proposal consists of 8,822 square metres of gross floor area, including 325 square metres of ground floor retail/community use space, 372 square metres of office space, 68 memory care suites and 18 assisted living units.  Proposed at the rear of the 9-storey mixed-use building on the 323R Balliol Street portion are three, 3-storey, 9 metre high residential townhouses. The proposed density (floor space index) is 3.85 times the area of the lot.

In addition, a request has been received for permission to amend the City's Yonge- Eglinton Secondary Plan. The current Yonge-Eglinton Secondary Plan was approved by the Minister of Municipal Affairs and Housing as Official Plan Amendment 405 ("OPA 405") on June 5, 2019.  The related rezoning application was submitted on August 25, 2020 after OPA 405 came into force and effect, and it is subject to the policies of the current Yonge-Eglinton Secondary Plan.  The subject site is located at the southeast corner of Mount Pleasant Road and Balliol Street and is a consolidation of five properties. 

The site is subject to two land-use designations: Mixed Use Areas "C" fronting Mount Pleasant Road and Neighbourhoods fronting Balliol Street.  To facilitate the proposed redevelopment, an Official Plan Amendment to the Yonge- Eglinton Secondary Plan is required to permit vehicular access and landscaped open space accessory to the proposed seniors' care facility within the Neighbourhoods designated portion of the site.  Subsection 22(2.1.1) of the Planning Act states that: "No person or public body shall request an amendment to a secondary plan before the second anniversary of the first day any part of the secondary plan comes into effect". 

The applicant's request to amend the Yonge-Eglinton Secondary Plan has been submitted prior to the second anniversary of the Minister's decision approving OPA 405, and as a result is not permitted pursuant to the Planning Act.  However, subsection 22(2.2) of the Planning Act does permit a request to amend the Yonge-Eglinton Secondary Plan before the expiration of the two year period if City Council declares by resolution that the request is permitted.  Therefore, the recommendations of this Preliminary Report will provide City Council the opportunity to consider the applicant's request to amend the Yonge-Eglinton Secondary Plan and make a resolution pursuant to subsection 22(2.2) of the Planning Act to either permit or not permit that application prior to the expiration of the two year period.

This report provides information and identifies a preliminary set of issues regarding the application located at 405 and 415 Mount Pleasant Road, 323, 323R and 325 Balliol Street.  This report also recommends that City Council consider the applicant's request to amend the Yonge-Eglinton Secondary Plan prior to the second anniversary of the Minister's approval of OPA 405, and decide by resolution pursuant to subsection 22(2.2) of the Planning Act to permit or not permit that request. 

In the event that City Council issues a resolution to permit the request to amend the Yonge-Eglinton Secondary Plan, Staff will then schedule a community consultation meeting for the application in consultation with the Ward Councillor.