239-251 and 265 Balliol Street - Rental Housing Demolition Application - Final Report

The existing rental apartment building adjacent to the townhouses at 265 Balliol Street will be retained. The properties are also the subject of a Zoning By-law Amendment application (17 223999 STE 22 OZ), which was appealed to the Local Planning Appeal Tribunal (LPAT) on March 2, 2018 (Case No. PL180213). A settlement offer was endorsed by City Council on January 29, 2020. Council deferred making a decision on the Rental Housing Demolition application and directed staff to request the LPAT to withhold its final Order on the Zoning By-law Amendment appeal until Council has authorized the Rental Housing Demolition application and the owner has entered into, and registered on title, an agreement pursuant to Section 111 of the City of Toronto Act, 2006. On August 4, 2020, the LPAT issued its Decision, approving the Zoning By-law Amendment application in principle and withholding the final Order until outstanding matters, including the Rental Housing Demolition application, are resolved. This report recommends approval of the Rental Housing Demolition application under Chapter 667 of the Toronto Municipal Code and the demolition permit under Chapter 363 of the Toronto Municipal Code, subject to conditions.

The owner shall enter into, and register on title at 239-251 and 265 Balliol Street, an agreement pursuant to Section 111 of the City of Toronto Act, 2006 and an agreement pursuant to Section 37 of the Planning Act, to secure the condition outlined in 1.a above, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning Division. 2. City Council authorize the Chief Planner and Executive Director, City Planning Division to issue Preliminary Approval of the application under Chapter 667 of the Toronto Municipal Code for the demolition of the seven (7) existing rental dwelling units at 239-251 Balliol Street after all of the following have occurred: a. The conditions in Recommendation 1 above have been fully satisfied; b. The Zoning By-law Amendment has come into full force and effect; c. The issuance of the Notice of Approval Conditions for site plan approval by the Chief Planner and Executive Director, City Planning Division or their designate pursuant to Section 114 of the City of Toronto Act, 2006; d. The issuance of excavation and shoring permits for the approved structure on site; e. The execution and registration of agreements pursuant to Section 111 of the City of Toronto Act, 2006 and Section 37 of the Planning Act securing the condition in Recommendation 1.a above; and f. The City has received confirmation that all seven (7) of the existing rental dwelling units proposed to be demolished are vacant. 3. City Council authorize the Chief Building Official to issue a Rental Housing Demolition permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning Division has issued the Preliminary Approval referred to in Recommendation 2 above. 4. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a residential demolition permit under Section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 239-251 Balliol Street after the Chief Planner and Executive Director, City Planning Division has issued the Preliminary Approval referred to in Recommendation 2 above, which may be included in the Rental Housing Demolition permit pursuant to section 6.2 of Chapter 363, on condition that: a. The owner removes all debris and rubble from the site immediately after demolition; b. The owner erects solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building; c. The owner erects the proposed new rental building no later than four (4) years from the date that the demolition of such building commences; and d. Should the owner fail to complete the proposed new rental building within the time specified in Recommendation 4(c) above, the City Clerk shall be entitled to enter on the collector's roll, as with municipal property taxes, an amount equal to the sum of twenty thousand dollars ($20,000.00) per dwelling unit for which a demolition permit is issued, and that such amount shall, until payment, be a lien or charge upon the land for which the demolition permit is issued. 5. City Council authorize the appropriate City officials to take such actions as are necessary to implement City Council's decision, including execution of the Section 111 agreement and other related agreements.