438-440 Avenue Road and 169-171B Balmoral Avenue - Official Plan and Zoning Amendment Application and Rental Housing Demolition Application - Request for Direction Report

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The decision

2022-06-15 · Toronto City Council · adopted

As filed

City Council on June 15 and 16, 2022, adopted the following: 1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current application regarding the Official Plan and Zoning By-law Amendment appeals for the lands at 438-440 Avenue Road and 169-171B Balmoral Avenue and to continue discussions with the Applicant in an attempt to resolve outstanding issues.

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2. In the event that the Ontario Land Tribunal allows the appeals in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Orders be withheld until such time as the City Solicitor advises that: a. the final form and content of the draft Official Plan and Zoning By-laws are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; b. the owner has provided confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the determination of whether holding provisions are required in the Zoning By-law amendment; c. City Council has approved the Rental Housing Demolition Application (file 21 177893 STE 12 RH) in accordance with Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, which allows for the demolition of the ten (10) existing rental dwelling units on the site; and d. if applicable, community benefits and other matters in support of the development are secured in a Section 37 Agreement executed by the owner and registered on title to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor. 3. City Council authorize the City Solicitor, if appropriate, to request the issuance of any final Orders prior to the owner entering into a Section 37 Agreements referenced in Part 2.d. above. 4. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

On the agenda

As the city filed it

On July 9, 2021, an Official Plan and Zoning By-law Amendment application was submitted to permit a 24-storey residential apartment building containing 223 dwelling units. A Rental Housing Demolition application was submitted to permit the demolition of 10 rental dwelling units on the site. On March 3, 2022, the Applicant appealed the Official Plan and Zoning By-law Amendment application to the Ontario Land Tribunal ("OLT") due to Council not making a decision within the 120-day time frame in the Planning Act.

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This report recommends that the City Solicitor with the appropriate City staff attend the OLT hearing to oppose the application in its current form and to continue discussions with the Applicant to resolve outstanding issues.

Staff recommended

The City Planning Division recommends that: 1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current application regarding the Official Plan and Zoning By-law Amendment appeals for the lands at 438-440 Avenue Road and 169-171B Balmoral Avenue and to continue discussions with the Applicant in an attempt to resolve outstanding issues. 2. In the event that the Ontario Land Tribunal allows the appeals in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Orders be withheld until such time as the City Solicitor advises that: a.

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the final form and content of the draft Official Plan and Zoning By-laws are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; b. the owner has provided confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the determination of whether holding provisions are required in the Zoning By-law amendment; c. City Council has approved the Rental Housing Demolition Application (file 21 177893 STE 12 RH) in accordance with Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, which allows for the demolition of the ten (10) existing rental dwelling units on the site; d. if applicable, community benefits and other matters in support of the development are secured in a Section 37 Agreement executed by the owner and registered on title to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor. 3. City Council authorize the City Solicitor, if appropriate, to request the issuance of any final Orders prior to the owner entering into a Section 37 Agreements referenced in Recommendation 2.d. 4. City Council authorizes the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

Considered

2022-05-26 · Toronto and East York Community Council · adopted
Decision as filed
The Toronto and East York Community Council recommends that: 1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current application regarding the Official Plan and Zoning By-law Amendment appeals for the lands at 438-440 Avenue Road and 169-171B Balmoral Avenue and to continue discussions with the Applicant in an attempt to resolve outstanding issues.
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2. In the event that the Ontario Land Tribunal allows the appeals in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Orders be withheld until such time as the City Solicitor advises that: a. the final form and content of the draft Official Plan and Zoning By-laws are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; b. the owner has provided confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the determination of whether holding provisions are required in the Zoning By-law amendment; c. City Council has approved the Rental Housing Demolition Application (file 21 177893 STE 12 RH) in accordance with Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, which allows for the demolition of the ten (10) existing rental dwelling units on the site; and d. if applicable, community benefits and other matters in support of the development are secured in a Section 37 Agreement executed by the owner and registered on title to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor. 3. City Council authorize the City Solicitor, if appropriate, to request the issuance of any final Orders prior to the owner entering into a Section 37 Agreements referenced in Recommendation 2.d. above. 4. City Council authorizes the City Solicitor and City staff to take any necessary steps to implement the recommendations above.
2022-06-15 · Toronto City Council · adopted

On the record

The item as the City filed it

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