Item - 2020.TE19.3

The Toronto and East York Community Council recommends that:

1. City Council approve the Rental Housing Demolition Application under Chapter 667 of Toronto Municipal Code to permit the demolition of seven (7) rental dwelling units at 239-251 Balliol Street, subject to the following conditions:

a. The owner shall provide tenant relocation and assistance to all Eligible Tenants of the seven (7) existing rental dwelling units proposed to be demolished at 239-251 Balliol Street, including the right to return to a rental dwelling unit of a similar unit type and at a similar rent, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and

b. 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 Recommendation 1.a above, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

2. City Council authorize the Chief Planner and Executive Director, City Planning 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 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 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 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 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 the recommendations above, including execution of the Section 111 agreement and other related agreements.

The Toronto and East York Community Council held a statutory public meeting on October 15, 2020 and notice was given in accordance with the Planning Act.

A Rental Housing Demolition application (17 224019 STE 22 RH) has been submitted under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 for a residential rental property at 239-251 and 265 Balliol Street.

The application proposes to demolish seven rental townhouse units at 239-251 Balliol Street. A new purpose-built rental apartment building comprised of 233 rental dwelling units, of which approximately 10 percent would be affordable rental units, would be built on the site of the seven townhouse units. 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.