Item - 2023.TE8.9

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 Amendment and Zoning By-law Amendment application appeal for the lands at 33-37 Maitland Street 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 appeal 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, and traffic 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. the owner has secured replacement of the existing 36 rental housing units, including the same number of units, bedroom type and size and with similar rents;

d. the owner has secured an acceptable Tenant Relocation and Assistance Plan addressing the right for existing and former tenants to return to a replacement rental unit on the lands at similar rents, the provision of alternative accommodation at similar rents, and other assistance to mitigate hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

e. City Council has approved the Rental Housing Demolition Application 22 199096 STE 13 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 existing rental dwelling units and the owner has entered into, and registered on title to the lands, one or more agreements with the City, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing all rental housing-related matters necessary to implement City Council's decision;

f. the owner has, at its sole expense submitted a revised Heritage Impact Assessment that includes a detailed conservation strategy for the properties at 33 and 37 Maitland Street to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, and City Planning; and

g. the owner has provided confirmation that no new construction will be undertaken within 3 metres of existing Toronto Transit Commission infrastructure.

3. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

On March 31, 2023, 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 time frame in the Planning Act. The applicant is requesting to permit a 49-storey residential building containing 439 dwelling units including 36 rental replacement units and 403 new units at 33-37 Maitland Street.

The existing building located at 33 Maitland Street contains 36 rental dwelling units. On September 14, 2022, the applicant submitted a Rental Housing Demolition and Conversion application to demolish and replace the existing rental dwelling units. The proposed rental replacement and tenant relocation and assistance are being reviewed concurrently by the Housing Staff.

On July 19, 2023, Council adopted recommendations to state its intention to designate the properties at 33 Maitland Street and 37 Maitland Street under Part IV of the Ontario Heritage Act. The owner has objected to the Notice of Intention to Designate.

The applicant is proposing to demolish the building at 33 Maitland Street and demolish the rear wing of the building at 37 Maitland Street. The remainder of the building at 37 Maitland Street is proposed to be retained and integrated into the base building of the proposed development.

This report recommends that the City Solicitor with the appropriate City staff attend the OLT hearing to oppose the Official Plan and Zoning By-law Amendment application in its current form and to continue discussions with the applicant to resolve outstanding issues.