Item - 2019.TE2.4

The Toronto and  East York Community Council recommends that:

1. City Council direct the City Solicitor and City Staff, as appropriate, to attend the Local Planning Appeal Tribunal to oppose the Zoning By-law Amendment application for 22 Balliol Street for the reasons set out in the report (December 17, 2018) from the Director, Community Planning, Toronto and East York District.

2. City Council authorize the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, to secure services, facilities or matters pursuant to Section 37 of the Planning Act, should the proposal be approved in some form by the Local Planning Appeal Tribunal.

3. In the event that the Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any Order(s) until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that:

a. the final form of the Zoning By-law Amendments are to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; 

b. the owner has provided an updated Functional Servicing and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c.the owner has provided an updated Hydrogeological Report and supporting documents addressing any on-site groundwater to the satisfaction of the General Manager, Toronto Water; and

d. 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.

On February 23, 2016 a Zoning By-law Amendment application was submitted to permit a 38-storey (119.25 m not including the mechanical penthouse) mixed-use (retail and residential) rental building at 22 Balliol Street containing 425 dwelling units.

On October 26, 2017, the applicant appealed to the Local Planning Appeal Tribunal (LPAT), citing Council's failure to make a decision on the application within the timeframe prescribed by the Planning Act.

A pre-hearing conference occurred on November 6, 2018 at which the LPAT directed the parties, including the City, to submit all documentation related to the appeal on or before March 1, 2019.

This report recommends that the City Solicitor together with Planning Staff and other appropriate Staff be directed to oppose the application in its current form at the LPAT. The proposed building does not fit within the character of the Apartment Neighbourhood along this section of Balliol Street in terms of height and density and does not transition appropriately away from the adjacent Mixed Use Area. It is not consistent with the Provincial Policy Statement (2014), does not conform with the Growth Plan for the Greater Golden Horseshoe (2017) and does not conform to the Official Plan.

The proposed development does not adequately address the Midtown in Focus: Growth, Built Form and Infrastructure Review / Draft Built Form Principles.