45, 57-93 Balliol Street - Zoning By-law Amendment, and Rental Housing Demolition Applications - Decision Report - Approval

Considered

• 2023-06-22 · Toronto and East York Community Council · adopted

  Decision as filed

  The Toronto and East York Community Council recommends that: 1. City Council amend Zoning By-law 569-2013 for the lands at 45, 57-93 Balliol Street, substantially in accordance with the draft Zoning By-law Amendment included as Attachment 5 to the revised report (June 13, 2023) from the Acting Director, Community Planning, Toronto and East York District. 2. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

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  3. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to: a. submit revised engineering plans, Ground Water Certification Letters, a Complete Foundation Drainage Summary, verification of area used to determine allowable storm flows, for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and b. enter into a Municipal Infrastructure Agreement to financially secure the construction of any improvements to the municipal infrastructure, should it be determined that upgrades and road improvements are required to support the development according to the transportation report, accepted by the General Manager, Transportation Services, and the Functional Servicing Report, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services. 4. City Council approve the Rental Housing Demolition Application (21 235317 STE 12 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of the 19 existing rental dwelling units at 57-93 Balliol Street, subject to the following conditions: a. the owner shall provide and maintain 19 replacement rental dwelling units on the subject site for a period of at least 20 years beginning from the date that each replacement rental unit is first occupied; during this period, no application may be submitted to the City for condominium registration, conversion to a non-residential rental purpose, or demolition without replacement of the rental units; the 19 replacement rental units shall collectively contain a total gross floor area of at least 2,865 square metres and be comprised of 11 four-bedroom units and 8 three-bedroom units, as generally illustrated in the plans prepared by Core Architects, submitted as Plans 'A211' and 'A212' to the City Planning Division, and dated April 6, 2023; and any revision to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning; b. as part of the 19 replacement rental dwelling units required in Recommendation 4.a. above, the owner shall provide and maintain at least 1 three-bedroom replacement rental dwelling unit at affordable rent, defined as gross monthly rent inclusive of utilities that is no greater than one times the average City of Toronto rent by unit type, as reported annually by the Canada Mortgage and Housing Corporation, and 4 four-bedroom replacement rental dwelling units and 4 three-bedroom replacement rental dwelling units at mid-range rents, defined as gross monthly rent inclusive of utilities that exceeds affordable rent but is no greater than 1.5 times the average City of Toronto rent by unit type, as reported annually by the Canada Mortgage and Housing Corporation, all for a period of at least 10 years beginning from the date of first occupancy of each unit; the rents for the remaining 7 four-bedroom replacement rental dwelling units and 3 three-bedroom replacement rental dwelling units shall be unrestricted, except where an Eligible Tenant has the right to return at similar rent in accordance with the Tenant Relocation and Assistance Plan required in Recommendation 4.c. below; c. the owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the 19 existing rental units proposed to be demolished at 57-93 Balliol Street, addressing the right to return to occupy one of the replacement rental units at similar rents, the provision of alternative accommodation at similar rents in the form of rent gap payments, and other assistance to mitigate hardship; the Tenant Relocation and Assistance Plan shall be developed in consultation with, and to the satisfaction of the Chief Planner and Executive Director, City Planning; d. the owner shall provide tenants of all 19 replacement rental dwelling units with access to, and use of, all indoor and outdoor amenities in the proposed development at no extra charge, and on the same terms and conditions as any other resident of the development, without the need to pre-book or pay a fee unless specifically required as a customary practice for private bookings; e. the owner shall provide ensuite laundry in each replacement rental dwelling unit within the proposed development at no additional cost to tenants; f. the owner shall provide central air conditioning in each replacement rental dwelling unit within the proposed development; g. the owner shall provide and make available for rent 13 vehicle parking spaces to returning tenants of the replacement rental dwelling units who previously leased vehicle parking spaces, and at similar monthly parking charges that such tenants previously paid while in their existing rental units; h. the owner shall provide tenants of the replacement rental dwelling units with access to all bicycle and visitor vehicular parking at no charge and on the same terms and conditions as any other resident of the proposed development; i. the owner shall provide and make available at least one (1) storage locker to each returning tenant of a replacement rental dwelling unit at no charge until their tenancy ends; j. the 19 replacement rental dwelling units required in Recommendation 4.a. above shall be made ready and available for occupancy no later than the date by which 70 percent of the new dwelling units in the proposed development, exclusive of the replacement rental units, are made available and ready for occupancy; k. the owner shall continue to provide and maintain the existing 264 rental dwelling units at 45 Balliol Street as rental housing, together with the 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 Amendment comes into force and effect, with no application 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; l. the owner shall not apply to the Landlord and Tenant Board, or any successor tribunal with jurisdiction to hear applications made under the legislation governing residential tenancies in Ontario, for an above-guideline increase in rent to recover any expenses incurred in completing any portion of the replacement and/or repair of the apartment balconies at 45 Balliol Street, including the removal and replacement of all existing railings and screens, repairs and replacements to slab edges and spalling concrete, and the installation of pigeon netting that were substantially completed in May 2023 at a cost, borne solely by the owner, of $1,800,000.00, inclusive of Harmonized Sales Tax, during City Planning staff's review of this Zoning by-law Amendment application; m. the owner shall deliver written notices to all existing 264 rental dwelling units at 45 Balliol Street, to the satisfaction of the Chief Planner and Executive Director, City Planning, informing tenants that the owner commits to not apply to the Landlord and Tenant Board for an above-guideline increase in rent to recover any expenses incurred in completing any portion of the balcony replacement and repairs; and n. the owner shall enter into and register on title to the lands at 45 and 57-93 Balliol Street, an agreement pursuant to Section 111 of the City of Toronto Act, 2006 to secure the conditions outlined in Recommendation 4.a. through 4.m. above, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning. 5. City Council authorize the Chief Planner and Executive Director, City Planning to issue Preliminary Approval of the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, for the demolition of the 19 existing rental dwelling units at 57-93 Balliol Street after all the following have occurred: a. all conditions in Recommendation 4 above have been fully satisfied and secured; 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 or their designate pursuant to Section 114 of the City of Toronto Act, 2006; d. the issuance of excavation and shoring permits (conditional or full permits) for the approved development on the site; and e. the owner has confirmed, in writing, that all existing rental dwelling units proposed to be demolished are vacant. 6. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning has given the Preliminary Approval referred to in Recommendation 5 above. 7. 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 57-93 Balliol Street after the Chief Planner and Executive Director, City Planning has given the Preliminary Approval referred to in Recommendation 5 above, which may be included in the Rental Housing Demolition Permit under Chapter 667 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 building no later than three (3) years from the date on which the demolition of the existing rental dwelling units commences, subject to the timeframe being extended to the discretion of the Chief Planner and Executive Director, City Planning; and d. should the owner fail to complete the proposed building containing the 19 replacement rental dwelling units within the time specified in Recommendation 7.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 $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 Residential Demolition Permit is issued. 8. Prior to Notice of Approval Conditions for Site Plan Control, City Council require the owner to develop a Construction Mitigation and Tenant Communication Plan to mitigate the impacts of construction of the development on the tenants of 45 Balliol Street, all to the satisfaction of the Chief Planner and Executive Director, City Planning. 9. 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. 10. City Council accept an on-site parkland dedication of 435 square metres, composed of the statutorily required parkland dedication as per Section 42 of the Planning Act, to be dedicated to the City with Base Park completed, prior to the earlier of three years following the issuance of the first above-grade building permit or condominium registration. 11. City Council approve the acceptance of on-site parkland dedication, subject to the owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition; 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 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. 12. 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.

  Clerk’s note

  The Toronto and East York Community Council held a statutory public meeting on June 22, 2023 and notice was given in accordance with the Planning Act.

• 2023-07-19 · Toronto City Council · adopted