Item - 2020.TE21.5

Tracking Status

TE21.5 - 145-155 Balmoral Avenue - Official Plan and Zoning By-law Amendment Application - Final Report

Decision Type:
ACTION
Status:
Adopted on Consent
Ward:
12 - Toronto - St. Paul's

City Council Decision

City Council on December 16, 17 and 18, 2020, adopted the following:

 

1. City Council amend the Official Plan, for the lands at 145-155 Balmoral Avenue, substantially in accordance with the draft Official Plan Amendment attached as Attachment 5 to the report (November 16, 2020) from the Director, Community Planning, Toronto and East York District.

 

2. City Council amend Zoning By-law 438-86, for the lands at 145-155 Balmoral Avenue, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (November 16, 2020) from the Director, Community Planning, Toronto and East York District.

 

3. City Council amend City of Toronto Zoning By-law 569-2013, for the lands at 145-155 Balmoral Avenue, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report (November 16, 2020) from the Director, Community Planning, Toronto and East York District.

 

4. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan and Zoning By-law Amendments as may be required.

 

5. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act, and any other necessary agreement(s), satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, with such Agreement to be registered on title to the lands at 145-155 Balmoral Avenue in a manner satisfactory to the City Solicitor to secure the following community benefits at the owner's expense, including:

 

a. a financial contribution in the amount of $2,200,000.00 payable to the City prior to issuance of the first above-grade building permit, with such amount to be indexed upwardly in accordance with Statistics Canada Non-Residential Building Construction Price Index for the Toronto Census Metropolitan Area, reported by Statistics Canada in the Building Construction Price Indexes Table: 18-10-0135-01, or its successor, calculated from the date of the execution of the Section 37 Agreement, or any other necessary agreement, to the date of payment; the funds shall be directed as follows:

 

i. $2,000,000.00 towards one or more the following: capital improvements for new or existing Toronto Community Housing and/or affordable housing in Ward 12, Toronto-St. Paul's; capital improvements for new or existing cultural and/or community space in Ward 12, Toronto-St. Paul's; local area park or streetscape improvements in Ward Toronto-St. Paul's; and

 

ii. $200,000.00 towards public art, in accordance with the City of Toronto Public Art Program;

 

b. in the event the cash contribution referred to in Part 5.a. above has not been used for the intended purpose within three (3) years of the implementing Zoning By-law Amendment coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purposes are identified in Toronto's Official Plan and will benefit the local community; and

 

c. the following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:

 

i. the owner shall pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report, to be resubmitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development; and

 

ii. prior to the issuance of Site Plan Approval, the owner shall submit a Construction Management Plan and Neighbourhood Communication Strategy to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Executive Director, Engineering and Construction Services and the Ward Councillor;

 

6. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to submit revised plans and a Functional Servicing Report to address the comments in the memorandum from Engineering and Constructions Services dated June 5, 2019, for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

 

7. City Council require the owner to consult further with the Deer Park Residents Group and the Ward Councillor on landscaping, building materiality and design prior to issuance of the Site Plan Approval.

Public Notice Given

Statutory - Planning Act, RSO 1990

Background Information (Community Council)

(November 16, 2020) Report and Attachments 1-14 from the Director, Community Planning, Toronto and East York District - 145-155 Balmoral Avenue - Official Plan and Zoning By-law Amendment Application - Final Report
https://www.toronto.ca/legdocs/mmis/2020/te/bgrd/backgroundfile-158514.pdf
(December 1, 2020) Attachment 6
https://www.toronto.ca/legdocs/mmis/2020/te/bgrd/backgroundfile-159131.pdf
(December 1, 2020) Attachment 7
https://www.toronto.ca/legdocs/mmis/2020/te/bgrd/backgroundfile-159132.pdf

Communications (Community Council)

(December 1, 2020) Letter from Cynthia Crysler (TE.Supp.TE21.5.1)
https://www.toronto.ca/legdocs/mmis/2020/te/comm/communicationfile-124546.pdf
(December 1, 2020) E-mail from Mary Pearson (TE.Supp.TE21.5.2)
(December 1, 2020) Letter from John G Temesvary (TE.Supp.TE21.5.3)
(December 2, 2020) E-mail from Joe Catalfamo (TE.New.TE21.5.4)
(December 2, 2020) E-mail from Constance Dingle (TE.New.TE21.5.5)
(December 2, 2020) E-mail from Connie Dingle (TE.New.TE21.5.6)

TE21.5 - 145-155 Balmoral Avenue - Official Plan and Zoning By-law Amendment Application - Final Report

Decision Type:
ACTION
Status:
Amended
Ward:
12 - Toronto - St. Paul's

Public Notice Given

Statutory - Planning Act, RSO 1990

Community Council Recommendations

The Toronto and East York Community Council recommends that:

 

1. City Council amend the Official Plan, for the lands at 145-155 Balmoral Avenue substantially in accordance with the draft Official Plan Amendment attached as Attachment 5 to the report (November 16, 2020) from the Director, Community Planning, Toronto and East York District.

 

2. City Council amend Zoning By-law 438-86, for the lands at 145-155 Balmoral Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (November 16, 2020) from the Director, Community Planning, Toronto and East York District.

 

3. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 145-155 Balmoral Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report (November 16, 2020) from the Director, Community Planning, Toronto and East York District.

 

4. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan and Zoning By-law Amendments as may be required.

 

5. Before introducing the necessary Bills to City Council for enactment, the owner be required to enter into an Agreement pursuant to Section 37 of the Planning Act, and any other necessary agreement(s), satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, with such Agreement to be registered on title to the lands at 145-155 Balmoral Avenue in a manner satisfactory to the City Solicitor to secure the following community benefits at the owner's expense, including:

 

a. a financial contribution in the amount of $2,200,000.00 payable to the City prior to issuance of the first above-grade building permit, with such amount to be indexed upwardly in accordance with Statistics Canada Non-Residential Building Construction Price Index for the Toronto Census Metropolitan Area, reported by Statistics Canada in the Building Construction Price Indexes Table: 18-10-0135-01, or its successor, calculated from the date of the execution of the Section 37 Agreement, or any other necessary agreement, to the date of payment. The funds shall be directed as follows:

 

i. $2,000,000.00 towards one or more the following: capital improvements for new or existing Toronto Community Housing and/or affordable housing in Ward Toronto-St. Paul's; capital improvements for new or existing cultural and/or community space in Ward Toronto-St. Paul's; local area park or streetscape improvements in Ward Toronto-St. Paul's; and

 

ii. $200,000.00 towards public art, in accordance with the City of Toronto Public Art Program;

 

b. in the event the cash contribution referred to in Recommendation 5.a. above has not been used for the intended purpose within three (3) years of the implementing Zoning By-law Amendment coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the ward Councillor, provided that the purposes are identified in Toronto's Official Plan and will benefit the local community;

 

c. the following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:

 

i. the owner shall pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report, to be resubmitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development; and

 

ii. prior to the issuance of Site Plan Approval, the owner shall submit a Construction Management Plan and Neighbourhood Communication Strategy to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Executive Director, Engineering and Construction Services and the Ward Councillor;

 

6. Before introducing the necessary Bills to City Council for enactment, require the owner to submit revised plans and a Functional Servicing Report to address the comments in the memorandum from Engineering and Constructions Services dated June 5, 2019, for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

 

7. City Council require the owner to consult further with the Deer Park Residents Group and the Ward Councillor on landscaping, building materiality and design prior to issuance of the Site Plan Approval.

Decision Advice and Other Information

The Toronto and East York Community Council held a statutory public meeting on December 2, 2020 and notice was given in accordance with the Planning Act.

Origin

(November 16, 2020) Report from the Director, Community Planning, Toronto and East York District

Summary

This report reviews and recommends approval of the application to amend the Official Plan and Zoning By-law to permit a retirement and nursing home for seniors in a 13-storey (45 metres plus a 5.5-metre mechanical penthouse) building. A total of 83 bed-sitting rooms (62 assisted living and 21 memory care rooms), 64 dwelling units (independent living units) and 25 vehicle parking spaces are proposed.

 

The proposed development is consistent with the Provincial Policy Statement (2020), conforms with the Growth Plan for the Greater Golden Horseshoe (2020), conforms with all relevant policies of the Official Plan and the Yonge-St. Clair Secondary Plan, and is consistent with the Avenues and Mid-Rise Buildings Study performance standards.

Background Information

(November 16, 2020) Report and Attachments 1-14 from the Director, Community Planning, Toronto and East York District - 145-155 Balmoral Avenue - Official Plan and Zoning By-law Amendment Application - Final Report
https://www.toronto.ca/legdocs/mmis/2020/te/bgrd/backgroundfile-158514.pdf
(December 1, 2020) Attachment 6
https://www.toronto.ca/legdocs/mmis/2020/te/bgrd/backgroundfile-159131.pdf
(December 1, 2020) Attachment 7
https://www.toronto.ca/legdocs/mmis/2020/te/bgrd/backgroundfile-159132.pdf

Communications

(December 1, 2020) Letter from Cynthia Crysler (TE.Supp.TE21.5.1)
https://www.toronto.ca/legdocs/mmis/2020/te/comm/communicationfile-124546.pdf
(December 1, 2020) E-mail from Mary Pearson (TE.Supp.TE21.5.2)
(December 1, 2020) Letter from John G Temesvary (TE.Supp.TE21.5.3)
(December 2, 2020) E-mail from Joe Catalfamo (TE.New.TE21.5.4)
(December 2, 2020) E-mail from Constance Dingle (TE.New.TE21.5.5)
(December 2, 2020) E-mail from Connie Dingle (TE.New.TE21.5.6)

Speakers

Paul Demczak , AMICO PROPERTIES
Cathie Macdonald, Deer Park Residents Group Inc
John G. Temesvary, BALMORAL AVENUE APARTMENTS LIMITED
Joe Catalfamo
Connie Dingle

Motions

1 - Motion to Amend Item (Additional) moved by Councillor Josh Matlow (Carried)

Toronto and East York Community Council recommends that:

 

1. City Council request the Chief Planner and Executive Director, City Planning, require the owner to consult further with the Deer Park Residents Group and Ward Councillor on landscaping, building materiality and design prior to issuance of the Site Plan Approval.


2 - Motion to Adopt Item as Amended moved by Councillor Gord Perks (Carried)
Source: Toronto City Clerk at www.toronto.ca/council