Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 12, 2023
CASE NO(S).: OLT-23-000170
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Menkes Balliol Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: ZBA to permit a 28-storey residential building with a 5-storey podium connected to an 8-storey retirement residence
Reference Number: 21 234917 STE 12 OZ
Property Address: 289-299 Balliol Street and 305 Balliol Street
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-23-000170
OLT Lead Case No: OLT-23-000170
OLT Case Name: Menkes Balliol Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER section 114(15) of the City of Toronto Act, 2006, S. O. 2006, c. 11 Sched A.
Subject: City of Toronto Site Plan Approval
Reference Number: 21 234919 STE 12 SA
Property Address: 289-299 Balliol Street and 305 Balliol Street
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-23-000171
OLT Lead Case No: OLT-23-000170
Heard: November 21, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel/Agent*
Menkes Balliol Inc. (Appellant / Applicant)
Michael Cara Justine Reyes
City of Toronto
Kasia Czajkowski Derin Abimbola
DECISION DELIVERED BY K.R. ANDREWS AND interim ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
1The appeal arises following a non-decision of the City concerning 289-299 Balliol Street and 305 Balliol Street and related Zoning By-law Amendment and Site Plan Approval applications to permit (as originally proposed) a 28-storey building containing 260 new residential units, with a five-storey podium and ground-level connection to the existing eight-storey Revera Retirement building at 305 Balliol Street.
2The jointly proposed settlement contemplates variations to the original proposal, to wit, a 31-storey building containing 273 new residential units, 71 of which are to be new retirement residences, with an eight-storey podium and similar connection to the existing Revera Retirement building.
3Disposition of the matter has come before the Tribunal as a settlement motion. As this is a first hearing event, the Tribunal also confirms that Notice was properly served (the Affidavit of Service is marked as Exhibit 1 and there is no one seeking either Party or Participant status.
4The Tribunal further confirms that it has received, reviewed and considered the following materials and submissions in support of the proposed settlement:
i. the uncontested opinion evidence of Michael S. Goldberg, a Registered Professional Planner and full member of the Canadian Institute of Planners, contained in his comprehensive affidavit sworn November 16, 2023 (marked as Exhibit 2);
ii. the Parties’ jointly submitted “Visual Evidence” document (marked as Exhibit 3);
iii. the Parties’ oral submissions in support of the settlement; and
iv. a draft Order jointly submitted to give effect to the relief being sought by the Parties.
Decision and interim order
5The Tribunal understands that the aforementioned sworn affidavit evidence of Mr. Goldberg reflects revisions to the applications before the Tribunal that were reached through the cooperative efforts of the Parties.
6The Tribunal accepts the opinion evidence of Mr. Goldberg as presented in his affidavit and similarly finds that the subject applications, as revised, have regard to those applicable matters of Provincial interest found in section two (2) of the Planning Act, are consistent with the Provincial Policy Statement, 2020, conform to the A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020, and the City of Toronto Official Plan (“City OP”), including the Yonge-Eglinton Secondary Plan, and that the subject applications otherwise reflect principles of good land use planning. In addition, as testified to by Mr. Goldberg, the Tribunal finds that the proposal has sufficient regard to various guideline documents of the City, including the City’s Tall Building Design Guidelines of May 2013 and the Growing Up Guidelines of 2020.
7THE TRIBUNAL ORDERS that:
The appeal by Menkes Balliol Inc. of its application for an amendment to City of Toronto Zoning By-law 569-2013 in respect of the lands municipally known as 289-299 and 305 Balliol Street in the City of Toronto (the “Subject Site”) is allowed, in part;
The draft Zoning By-law Amendment, attached as Attachment “A” to this interim Order, is approved in principle, with the Tribunal’s final Order withheld until the Tribunal has been advised by the Parties that the following conditions are satisfied:
a. the final form and content of the draft Zoning By-law Amendment are to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor;
b. the Owner has resubmitted the Functional Servicing and Stormwater Management Report and Hydrogeological Report, which includes confirmation of water, sanitary and stormwater capacity, to the satisfaction of the Chief Engineer and Executive Directors, Engineering and Constructions Services; or, the Chief Engineer and Executive Director, Engineering and Construction Services has determined that holding provisions are required in the Zoning By-law Amendment;
c. the Owner shall enter into a financially secured agreement for 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 Functional Servicing and Stormwater Management Report and Hydrogeological Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;
d. the owner has submitted a revised Pedestrian Level Wind Study to the satisfaction of the Chief Planner and Executive Director, City Planning, with any required wind mitigation measures to be secured through the Site Plan approval process;
e. the owner has secured an acceptable Tenant Relocation and Assistance Plan for any sitting tenants of the existing rental dwelling units proposed to be demolished at the time of application, addressing financial compensation and other assistance to lessen hardship; the Tenant Relocation and Assistance Plan shall be to the satisfaction of the Chief Planner and Executive Director, City Planning, and shall be implemented prior to the issuance of Notice of Approval Conditions for Site Plan Approval; and
f. the owner has provided an undertaking to the City, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, to secure the Tenant Relocation and Assistance Plan required in subsection (e) above.
The appeal by Menkes Balliol Inc. of its application for Site Plan Approval in respect of the Subject Site is allowed, in part;
The Tribunal shall withhold its final Order in respect of the appeal by Menkes Balliol Inc. of its application for Site Plan Approval until such time as the Tribunal has been advised by the Parties that:
a. the City has issued Notice of Approval Conditions to the satisfaction of the Chief Planner and Executive Director, City Planning; and
b. the Owner has satisfied all pre-approval conditions included in the Notice of Approval Conditions, including the execution and registration of a Site Plan Agreement that will secure, amongst other matters, the implementation of any wind measures required, at the Owner’s sole cost, to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor.
8The Tribunal may be spoken to should a matter arise in connection with the implementation of this Interim Order.
“K.R. Andrews”
K.R. ANDREWS
MEMBER
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed toa be a reference to the Tribunal.
Attachment A
Authority: Ontario Land Tribunal Decision issued on [date] and Ontario Land Tribunal Order issued on [date] in Tribunal File OLT-23-000170
CITY OF TORONTO
BY-LAW [Clerks to insert By-law number]
To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2022 as 289-299 and 305 Balliol Street.
Whereas the Ontario Land Tribunal, by its Decision issued on [date] and its Order issued on [date], in respect of Tribunal File OLT-23-000170, upon hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, c. P13, as amended, determined to amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2022 as 289-299 and 305 Balliol Street; and
Whereas the Ontario Land Tribunal has the authority pursuant to Section 34 of the Planning Act, as amended, to pass this By-law; and
The Ontario Land Tribunal Orders:
The lands subject to this By-law are outlined by heavy black lines on Diagram 1 attached to this By-law.
The words highlighted in bold type in this By-law have the meaning provided in Zoning By-law 569-2013, as amended, Chapter 800 Definitions.
Zoning By-law 569-2013, as amended, is further amended by amending the zone label on the Zoning By-law Map in Section 990.1 respecting the lands outlined by heavy black lines from a zone label of CR 2.5 (c2.0; r2.5) SS2 (x2209) to a zone label of CR 2.5 (c2.0; r2.5) SS2 (x [exception number]) as shown on Diagram 2 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding Article 900.11.10 Exception Number [-] so that it reads:
([assigned exception number]) Exception CR ([assigned exception number])
The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
v.
vi. Site Specific Provisions:
(A) On lands municipally known as 289-299 and 305 Balliol Street, if the requirements of By-law [Clerks to insert By-law number] are complied with, a building or structure may be constructed, used or enlarged in compliance with Regulations (B) to (W) below;
(B) For the purposes of this Exception, the buildings or structures permitted on the lot include the “Existing Building” and “Building A” as shown on Diagram 3 of By-law [Clerks to insert By-law number];
(i) “Existing Building” means the building identified as “Existing Building” on Diagram 3 of By-law [Clerks to insert By-law number];
(ii) “Building A” means the building identified as “Building A” on Diagram 3 of By-law [Clerks to insert By-law number];
(iii) None of the provisions of this exception shall apply to the “Existing Building” on the lot;
(C) Despite regulations 40.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum of 150.9 metres and the elevation of the highest point of the building or structure;
(D) Despite regulation 40.10.40.1(1), residential use portions of the building are permitted to be located on the same storey as non-residential use portions of the building;
(E) Despite regulation 40.10.40.10(2), the permitted maximum height of a building or structure is the number in metres following the letters "HT" as shown on Diagram 3 of By-law [Clerks to insert By-law number];
(F) Despite regulation 800.50(820), for the purposes of this By-law, a mezzanine level and mechanical penthouse will not be considered a separate storey;
(G) Despite regulations 40.5.40.10(3) to (8) and (E) above, the following equipment and structures may project beyond the permitted maximum height shown on Diagram 3 of By-law [Clerks to insert By-law number]:
(i) enclosed stairwells, roof access, maintenance equipment storage, elevator shafts and machine room, equipment used for the functional operation of the building, chimneys, flues, vents, insulation and roof surface materials by a maximum of 9.5 metres;
(ii) structures that enclose, screen, or cover the equipment, structures and parts of a building listed in (i) above by a maximum of 9.5 metres;
(iii) architectural features, parapets, and elements and structures associated with a green roof, by a maximum of 9.5 metres;
(iv) building maintenance units and window washing equipment, by a maximum of 9.5 metres;
(v) planters, landscaping features, lighting fixtures, guard rails, and divider screens on a balcony and/or terrace, by a maximum of 3.0 metres;
(vi) antennae and other communication equipment, flagpoles and satellite dishes, by a maximum of 9.5 metres; and
(vii) trellises, pergolas, awnings, canopies, bollards, fences, guardrails, parapets, pipes, railings, and unenclosed structures providing safety or wind protection to rooftop amenity space, by a maximum of 3.0 metres;
(H) Despite regulation 40.10.40.40(1), the permitted maximum gross floor area of all buildings and structures is 24,000 square metres, of which:
(i) the permitted maximum gross floor area for all other residential uses is 18,500 square metres;
(ii) the permitted maximum gross floor area for residential uses including a hospice care home, nursing home, residential care home, and retirement home is 5,500 square metres;
(iii) the required minimum gross floor area for non-residential uses is 55 square metres;
(iv) the permitted maximum gross floor area for non-residential uses is 200 square metres;
(I) Despite regulation 40.10.40.50(1) and (2), amenity space must be provided at the following rate:
(i) at least 1.5 square metres for each dwelling unit in Building A as indoor amenity space;
(ii) at least 1.3 square metres of outdoor amenity space for each dwelling unit in Building A of which 40 square metres must be in a location adjoining or directly accessible to the indoor amenity space;
(iii) at least 150 square metres of combined indoor and outdoor amenity space for the exclusive use of a hospice care home, nursing home, residential care home, and retirement home; and
(iv) no more than 25 percent of the outdoor component may be a green roof;
(J) Despite regulation 40.10.40.70(1)(2) or (3), the required minimum building setbacks are as shown in metres on Diagram 3 of By-law [Clerks to insert By-law number];
(K) Despite regulation 40.10.40.80(1) or (2), the required separation of main walls are as shown in metres on Diagram 3 of By-law [Clerks to insert By-law number];
(L) Despite Clause 40.10.40.60 and ((J) and (K)) above, the following elements may encroach into the required minimum building setbacks and main wall separation distances as follows:
(i) decks, porches, and terraces, by a maximum of 3.0 metres;
(ii) balconies by a maximum of 1.5 metres;
(iii) canopies and awnings, by a maximum of 2.5 metres;
(iv) exterior stairs, access ramps such as wheelchair ramps, underground garage ramps and their associated structures, and elevating devices, by a maximum of 3.0 metres;
(v) cladding added to the exterior surface of the main wall of a building, by a maximum of 1.0 metres;
(vi) architectural features, such as a pilaster, decorative column, cornice, sill, belt course, or chimney breast, by a maximum of 1.5 metres;
(vii) window projections, including bay windows and box windows, by a maximum of 1.0 metres;
(viii) eaves, by a maximum of 1.0 metres;
(ix) a dormer, by a maximum of 1.0 metres; and
(x) air conditioners, satellite dishes, antennae, vents, and pipes, by a maximum of 1.0 metres;
(xi) lighting fixtures, bicycle parking areas, fences and safety railings, planters, balustrades, bollards, landscape and public art features, by a maximum of 3.0 metres;
(M) Despite (L) above, the provision of balconies is subject to the following:
(i) balconies are not permitted to encroach on the north and south façades of the building or structure above a Canadian Geodetic Datum of 182.75 metres; and
(ii) balconies are permitted to encroach on the east and west façades of the building or structure by a maximum of 1.5 metres, above a Canadian Geodetic Datum of 182.75 metres;
(N) Despite Regulation 200.5.1.10(2), a maximum of 25% of the parking spaces may have minimum dimensions of:
(i) length of 5.1 metres;
(ii) width of 2.4 metres;
(iii) vertical clearance of 1.7 metres; and
(iv) the side of the parking space is obstructed is not required to be increased by 0.3 metres;
(O) Despite Article 200.15.1an accessible parking space must have the following minimum dimensions:
vii.
(i) a length of 5.6 metres;
viii.
(ii) a width of 3.4 metres;
ix.
(iii) a vertical clearance of 2.1 metres; and
x.
(iv) a 1.5-metre-wide accessible barrier free aisle is not required for the entire length of an accessible parking space;
xi.
(P) Despite Regulation 200.15.1(4), an accessible parking space is not required to be closest to a barrier-free passenger elevator that provides access to the first elevator
xii.
(Q) Despite regulation 200.5.10.1(1) and Table 200.5.10.1, parking spaces must be provided in accordance with the following:
(i) a minimum of 5 residential visitor parking spaces;
(ii) a maximum of 0.3 spaces for each bachelor dwelling unit;
(iii) a maximum of 0.5 spaces for each one bedroom dwelling unit;
(iv) a maximum of 0.8 spaces for each two bedroom dwelling unit;
(v) a maximum of 1.0 spaces for each three or more bedroom dwelling unit;
(vi) a maximum of 0.5 spaces for each bed-sitting room or dwelling unit associated with a hospice care home, nursing home, residential care home, and retirement home;
(vii) a maximum of 3.5 parking spaces for each 100 square metres of gross floor area devoted to non-residential uses;
(R) Despite regulation 230.5.1.10(4)(A), the required minimum width of a bicycle parking space is:
(i) length of 1.8 metres;
(ii) width of 0.2 metres; and
(iii) vertical clearance of 1.0 metres;
(S) Despite regulation 230.5.1.10(4)(A)(ii), the required minimum dimensions of a stacked bicycle parking space are;
(i) length of 1.8 metres;
(ii) width of 0.2 metres; and
(iii) vertical clearance of 1.0 metres;
(T) In addition to the locations a "long-term" bicycle parking space may be located as in regulations 230.5.1.10(9)(B)(i)(ii) and (iii), "long-term" bicycle parking spaces may also be located above or below grade, outdoors or indoors including within a secured room or enclosure or unenclosed space, or combination thereof, or bike locker;
(U) Despite regulation 230.5.1.10(10), "short-term" bicycle parking spaces may also be located in a stacked bicycle parking space and may also be located above or below grade, outdoors or indoors including within a secured room or enclosure or unenclosed space, or combination thereof, or bike locker;
(V) Despite regulations 230.5.10.1(1)(3) and (5) and Table 230.5.10.1(1), bicycle parking spaces must be provided in accordance with the following minimum rates:
(i) 0.9 "long-term" bicycle parking spaces for each dwelling unit;
(ii) 0.1 "short-term bicycle parking spaces for each dwelling unit;
(iii) no "long term" bicycle parking spaces are required for all non-residential uses; and
(iv) no "short-term" bicycle parking spaces are required for all non-residential uses;
(v) no "short-term" or "long term" bicycle parking spaces are required for each bed-sitting room or dwelling unit associated with a hospice care home, nursing home, residential care home, and retirement home;
(W) The provision of dwelling units in Building A is subject to the following:
(i) a minimum of 15 percent of the total number of dwelling units must have 2 or more bedrooms
(ii) a minimum of 10 percent of the total number of dwelling units must have 3 or more bedrooms;
(iii) any dwelling units with 3 or more bedrooms provided to satisfy (ii) above are not included in the provision required by (i) above;
(iv) An additional 15 percent of the total number of dwelling units will be any combination of 2 bedroom and 3 bedroom dwelling units, or dwelling units that can be converted into any combination of 2 and 3 bedroom dwelling units; and
(v) dwelling units, as described in (iv) above, may be converted using accessible or adaptable design measures such as knock-out panels;
xiii. Prevailing By-laws and Prevailing Sections: (None Apply)
Despite any severance, partition or division of the lands, the provisions of this By-law shall apply as if no severance, partition or division occurred.
None of the provisions of this By-law or By-law 569-2013, as amended, apply to prevent the erection and use of a Construction Office/Sales Office on the lands identified on Diagram 1 of this By-law where a Construction Office/Sales Office means buildings, structures, facilities or trailers, or portions thereof, used for the purpose of the administration and management of construction activity and/or for selling or leasing dwelling units and/or non-residential gross floor area on the lands identified on Diagram 1 of this By-law.