Item - 2024.TE10.16

The Toronto and East York Community Council recommends that:

1. City Council allow the owner of 45 and 57-93 Balliol Street to convey 174.44 square metres of additional open space as part of the development free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition, prior to the earlier of three years following the first above grade building permit or condominium registration, to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Parks, Forestry and Recreation, as an in-kind contribution pursuant to subsection 37(6) of the Planning Act, in accordance with the following terms:

a. City Council attribute a value to the in-kind contribution set out in Recommendation 1 above equal to one hundred percent (100 percent) of four percent (4 percent) of the value of the lands at 45 and 57-93 Balliol Street (net of any exclusions or exemptions authorized under the Community Benefits Charge By-law), as determined the day before the day the building permit is issued in respect of the development and direct staff to advise the owner of such valuation;

b. City Council authorize the Chief Planner and Executive Director, City Planning to enter into an agreement pursuant to subsection 37(7.1) of the Planning Act (the "In-kind Contribution Agreement") to address the provision of the in-kind contribution identified in Recommendation 1 above to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, with such agreement to be registered on title to the lands at 57-93 Balliol Street, which agreement shall be evidence of arrangements for the provision of the in-kind contribution that are satisfactory to City Council;

c. a Section 118 restriction on the Parkland Over-Dedication will be registered prior to the issuance of the first above-grade building permit and removed at the time that the Parkland Over-Dedication is conveyed to the City; and

d. the owner may propose the exception of encumbrances of tiebacks, where such an encumbrance is deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; and such an encumbrance will be evaluated during the purchase price negotiations, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management.

On July 19, 2023, City Council approved the Zoning By-law Amendment and Rental Housing Demolition applications at 45, 57-93 Balliol Street to permit a 128.6-metre (40 storeys, excluding mechanical penthouse) residential building with 477 residential units including 19 replacement rental dwelling units. Zoning By-law 983-2023 was enacted as a result of City Council's adoption of the applications.

The proposal includes a new 906 square metre open space, including 435 square metres of parkland dedication that was secured as part of the Zoning By-law Amendment. The open space fronts onto Balliol Street, and mirrors the parkland that was secured on the neighbouring property to the east at 93-131 and 155 Balliol Street.

This report presents a Community Benefits Charge in-kind contribution to secure a portion of the 471 square metres of additional open space adjacent to the onsite parkland. The Community Benefits Charge in kind offer is to provide 174.44 square metres of the 471 square metres as additional parkland to be conveyed to the City as the entirety of the Community Benefits Charge. The 174.44 square metres represents 4% of the developable area of the site.

Based on discussions to date with the owner it is City staff's intention that the remaining 296.56 square metres of open space will be purchased by the City for parkland.  Required approvals specific to the purchase will be sought at a later date.