Item - 2021.MM36.50

Tracking Status

  • City Council adopted this item on October 1, 2021 without amendments.

MM36.50 - 95-131 and 155 Balliol Street - Zoning By-law Amendment Application - Ontario Land Tribunal Hearing - Request for Directions - by Councillor Josh Matlow, seconded by Councillor Mike Layton

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

City Council Decision

City Council on October 1 and 4, 2021, adopted the following:

 

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 30, 2021) from the City Solicitor.

 

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (September 30, 2021) from the City Solicitor.

 

3. City Council direct that the balance of Confidential Attachment 1 to the report (September 30, 2021) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

 

The confidential instructions to staff in Confidential Attachment 1 to the report (September 30, 2021) from the City Solicitor were adopted by City Council and are now public as follows:

 

1.  City Council accept the “with prejudice” settlement offer as described in Public Attachment 1 and Public Attachment 2 (the "Settlement Offer") to the report (September 30, 2021) from the City Solicitor and subject to Parts 2 to 8 below.

 

2.  City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) case management conference on this matter in support of the Settlement Offer for 95-131 and 155 Balliol Street (the "Site").

 

3.  City Council defer making a decision at this time on the Rental Housing Demolition application (18 173492 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 nineteen (19) existing townhouse rental dwelling units at 95-131 Balliol Street, and instruct staff to report on the Rental Housing Demolition application to the Toronto and East York Community Council at such time as an Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) decision has been issued regarding the Zoning By-law Amendment appeal for such lands and the other related lands at 95-131 and 155 Balliol Street.

 

4.  City Council accept, should the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) approve the proposed Zoning By-law Amendment, an on-site parkland dedication of 904 square metres, composed of the statutorily required parkland dedication as per Section 42 of the Planning Act and a further over-dedication of 472 square metres, in the general location identified on the Site Plan in Public Attachment 2 to the report (September 30, 2021) from the City Solicitor, to be dedicated to the City with Base Park and Above Base Park improvements completed, to be dedicated to the City prior to the earlier of three years following the issuance of the first above-grade building permit and the registration of the Plan of Condominium for the new building on the Site, and to be dedicated at no cost to the City, free and clear, above and below grade, of all easements, encumbrances and encroachments and in acceptable environmental condition, all to the satisfaction of the General Manager, Parks, Forestry and Recreation, in addition to the following below:

 

a.  City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time; and

 

b.  the owner may propose the exception of encumbrances of tiebacks and such other encumbrances, if any, where such encumbrances are deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor, and such encumbrances will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management.

 

5.  In the event that the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) allows the appeal, in whole or in part, City Council instruct the City Solicitor to request the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) to withhold its Order on the Zoning By-law Amendment until such time as the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) has been advised by the City Solicitor that:

 

a.  the proposed Zoning By-law Amendment is in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

 

b.  the owner has addressed all of the comments in the February 25, 2021 Memorandum from Engineering and Construction Services, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

 

c.  the owner pays for and constructs any improvements to the municipal infrastructure in connection with the Functional Servicing Report and Hydrogeological Report, to be submitted 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 arising from the accepted engineering reports;

 

d.  a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, has been executed and registered on title to the satisfaction of the City Solicitor, securing the community benefits and matters of legal convenience to support the development described in Part 6 below; and

 

e.  City Council has approved the Rental Housing Demolition Application 18 173492 STE 22 RH in accordance with Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to allow for the demolition of the nineteen (19) existing townhouse rental dwelling units at 95-131 Balliol Street and the owner has entered into one or more agreements with the City, and those agreement(s) have been registered on title to 95-131 and 155 Balliol Street, securing rental housing related matters, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

 

6.  City Council authorize the Chief Planner and Executive Director, City Planning to enter into an agreement pursuant to Section 37 of the Planning Act to secure the following:

 

a.  the community benefit offered in the Settlement Offer and recommended to be secured in the Section 37 Agreement is as follows:

 

i.  an on-site parkland dedication of 904 square metres, compromised of the statutorily required parkland dedication as per Section 42 of the Planning Act and a further over-dedication of 472 square metres, in the general location identified on the Site Plan in Public Attachment 2 to the report (September 30, 2021) from the City Solicitor, to be dedicated to the City with Base Park and Above Base Park improvements completed, to be dedicated to the City prior to the earlier of three years following the issuance of the first above-grade building permit and the registration of the Plan of Condominium for the new building on the Site, and to be dedicated at no cost to the City, free and clear, above and below grade, of all easements, encumbrances and encroachments and in acceptable environmental condition, all to the satisfaction of the General Manager, Parks, Forestry and Recreation;

 

b.  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 continue to provide and maintain the existing two-hundred-and-sixty-seven (267) rental dwelling units at 155 Balliol Street, as well as the 19 replacement townhouses in the new building on the Site, as rental housing, together with the new and retained associated facilities and amenities of the residential rental property, for a period of at least 20 years commencing from the date the Zoning By-law Amendments come into force and effect, with no applications for demolition or conversion from residential rental use during such 20-year period, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

 

ii.  the owner shall provide tenants of the existing rental dwelling units at 155 Balliol Street with access to, and use of, all indoor and outdoor amenities on the Site, both within and adjacent to the proposed development, on the same terms and conditions as any other resident, at no extra charge, and with no pass-through of costs to the tenants, including by way of an application to the Landlord Tenant Board or any successor tribunal with jurisdiction to hear applications made under the legislation governing residential tenancies in Ontario for the purpose of obtaining an increase in residential rent above the applicable guideline;

 

iii.  the owner shall provide, repair, operate, and/or maintain, at its sole expense, improvements to the existing rental building at 155 Balliol Street, to the satisfaction of the Chief Planner and Executive Director, City Planning. Such rental housing improvements shall include, but may not be limited to, the following:

 

Within 6 months of the Settlement Offer being approved by the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal):

 

A.  the owner shall undertake improvements to the laundry rooms in the existing building at 155 Balliol Street, including the installation of new folding tables and new seating areas;

 

B.  the owner shall repair and undertake improvements to the automated entrance of the building at 155 Balliol Street to ensure the entrance is continuously accessible and in proper working condition for residents;

 

prior to the issuance of the first above-grade building permit for the new building on the Site:

 

C.  the owner shall install a new air conditioning unit over/on the balcony of each of the two-hundred-and-sixty-seven (267) existing rental dwelling units at 155 Balliol Street, or have central air conditioning installed in the building as a whole, and the owner shall not sub meter utility costs to any existing tenant whose utility costs are currently included in their monthly rent; the specifications of the new air conditioning units/system shall be finalized prior to the issuance of Notice of Approval Conditions for Site Plan Approval, to the satisfaction of the Chief Planner and Executive Director, City Planning;

 

D.  the owner shall develop a Construction Mitigation Plan and Tenant Communication Strategy prior to the issuance of Notice of Approval Conditions for Site Plan Approval, to the satisfaction of the Chief Planner and Executive Director, City Planning;

 

prior to first occupancy of any new residential units in the new building on the Site:

 

E.  the owner shall construct a new garbage and recycling facility and enclosure on the west side of the existing building at 155 Balliol Street, as generally illustrated in Public Attachment 2 to the report (September 30, 2021) from the City Solicitor; the layout and specifications of the new garbage and recycling enclosure shall be finalized prior to the issuance of Notice of Approval Conditions for Site Plan Approval, to the satisfaction of the Chief Planner and Executive Director, City Planning; and

 

F.  the owner shall construct a new landscaped dog run and relief area to the rear of the existing building at 155 Balliol Street; the location, layout, and specifications of the new landscaped dog run and relief area shall be finalized prior to the issuance of Notice of Approval Conditions for Site Plan Approval, to the satisfaction of the Chief Planner and Executive Director, City Planning;

 

the costs of the improvements to the existing rental building at 155 Balliol Street and all associated spaces within and outside the building, as described above, shall not be passed on to the tenants of the building in any form, including by way of an application to the Landlord Tenant Board or any successor tribunal with jurisdiction to hear applications made under the legislation governing residential tenancies in Ontario for the purposes of obtaining an increase in residential rent above the applicable guideline;

 

iv.  the owner will provide a publicly accessible pedestrian walkway (the “Midblock Connection"), to be secured by means of a surface pedestrian public easement, in the location as generally shown as Pedestrian Walkway Easement on the Revised Plans found at Public Attachment 2 to the report (September 30, 2021) from the City Solicitor, the final location and design of which will be secured as part of and through the site plan approval process, the Midblock Connection shall have a minimum width of 4.0 metres, unless otherwise satisfactory to the Chief Planner and Executive Director, City Planning; and

 

vi.  the owner will provide a private daycare substantially in the form and location shown on the Revised Plans found at Public Attachment 2 to the report (September 30, 2021) from the City Solicitor, with there being no obligation on the owner to maintain the daycare should an operator not be found or the daycare not be continued on the Site.

 

7.  As part of its Site Plan Application for the Site, City Council require that the owner shall submit a Pedestrian Level Wind Study to the satisfaction of the Chief Planner and Executive Director, City Planning, and implement any wind mitigation measures required therein to the satisfaction of the Chief Planner and Executive Director, City Planning.

 

8.  City Council authorize and direct the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement City Council's decision.

 

The balance of Confidential Attachment 1 to the report (September 30, 2021) 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 (September 30, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.

Confidential Attachment - advice that is subject to solicitor-client privilege and potential litigation

Background Information (City Council)

Member Motion MM36.50
https://www.toronto.ca/legdocs/mmis/2021/mm/bgrd/backgroundfile-171597.pdf
(September 30, 2021) Report from the City Solicitor on 95-131 and 155 Balliol Street - Zoning By-law Amendment Application - Ontario Land Tribunal Hearing - Request for Directions
https://www.toronto.ca/legdocs/mmis/2021/mm/bgrd/backgroundfile-171618.pdf
Public Attachment 1 - Letter from Aird Berlis dated September 29, 2021 containing With Prejudice Settlement Offer
https://www.toronto.ca/legdocs/mmis/2021/mm/bgrd/backgroundfile-171620.pdf
Public Attachment 2 - Revised Plans dated June 22, 2021 by BDP Quadrangle
https://www.toronto.ca/legdocs/mmis/2021/mm/bgrd/backgroundfile-171621.pdf
Confidential Attachment 1

Motions (City Council)

Motion to Introduce Motion without Notice moved by Councillor Josh Matlow (Carried)

That Councillor Matlow be permitted to add to the agenda of today's meeting an urgent Motion without Notice concerning: 

 

95-131 and 155 Balliol Street - Zoning By-law Amendment Application - Ontario Land Tribunal Hearing - Request for Directions
 

Reason for Urgency:

 

This Motion is urgent because the second Case Management Conference is scheduled for October 25, 2021.


Motion to Adopt Item (Carried)
Source: Toronto City Clerk at www.toronto.ca/council