Item - 2024.TE12.7

City Council on April 17 and 18, 2024, adopted the following:

1. City Council amend the Official Plan for the lands at 34-42 Maitland Street substantially in accordance with the draft Official Plan Amendment attached as Attachment 5 to the report (March 14, 2024) from the Director, Community Planning, Toronto and East York District.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 34-42 Maitland Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (March 14, 2024) from the Director, Community Planning, Toronto and East York District.

3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan and Zoning By-law Amendments as may be required.

4. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to submit a Functional Servicing Report for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; the report will determine whether the municipal water, sanitary and storm sewer systems can support the proposed development and whether upgrades or improvements of the existing municipal infrastructure are required.

5. City Council approve the Rental Housing Demolition Application 23 103089 STE 13 RH in accordance with Chapter 667 of the Toronto Municipal Code and pursuant to Section 111 of the City of Toronto Act, 2006, which allows for the demolition of 55 existing rental dwelling units located at 36-42 Maitland Street, subject to the following conditions:

a. the owner shall provide and maintain 55 replacement rental dwelling units on the subject site for a period of at least 20 years beginning from the date that each replacement rental dwelling unit is first occupied and, during which time, no application may be submitted to the City for condominium registration, or for any other conversion to a non-rental housing purpose, or for demolition without providing for replacement; the replacement rental dwelling units shall collectively have a total gross floor area of at least 3,876.4 square metres and be comprised of 3 studio units, 26 one-bedroom units, and 26 two-bedroom units as generally illustrated in the plans submitted to the City Planning Division dated February 23, 2024; and any revision to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. the owner shall, as part of the 55 replacement rental dwelling units required in Part 5.a. above, provide at least 2 one-bedroom units, and 9 two-bedroom units at affordable rents, 3 studio units, and 2 one-bedroom units at mid-range (affordable) rents, and 21 one-bedroom units, and 17 two-bedroom units at mid-range (moderate) rents as currently defined in the City's Official Plan, all for a period of at least 10 years beginning from the date of first occupancy of each unit; the rent of the remaining 1 one-bedroom replacement rental dwelling units is not required to be affordable or mid-range; and rents shall not include additional charges for ensuite laundry or central air conditioning;

c. the owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the 55 existing rental dwelling units proposed to be demolished at 36-42 Maitland Street, addressing the right to return to occupy one of the replacement rental dwelling units at similar rents, the provision of rent gap assistance, and other assistance to lessen 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 tenant relocation and assistance to all Post Application Tenants, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

e. the owner shall provide tenants of all 55 replacement rental dwelling units with access to, and use of, all indoor and outdoor amenities in the proposed 56-storey building; access to, and use of, these amenities shall be on the same terms and conditions as any other resident of the building without the need to pre-book or pay a fee, unless specifically required as an established practice for private bookings;

f. the owner shall provide ensuite laundry in each replacement rental dwelling unit;

g. the owner shall provide central air conditioning in each replacement rental dwelling unit;

h. the owner shall provide and make available for rent at least 9 vehicle parking spaces to tenants of the replacement rental dwelling units; such parking spaces shall be made available firstly to returning tenants who previously rented a vehicle parking space, and at similar monthly parking charges that such tenants previously paid; and the remaining vehicle parking spaces shall be made available to tenants of the replacement rental units to the satisfaction of the Chief Planner and Executive Director, City Planning;

i. the owner shall provide tenants of all replacement rental dwelling units with access to bicycle and visitor parking on the same terms and conditions as any other resident of the proposed building;

j. the replacement rental dwelling units required in Part 5.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 dwelling units, are made available and ready for occupancy, subject to any revisions to the satisfaction of the Chief Planner and Executive Director, City Planning; and

k. the owner shall enter into, and register on title to the lands at 34-42 Maitland Street an Agreement pursuant to Section 111 of the City of Toronto Act, 2006, to secure the conditions outlined in Part 5.a. through 5.j. above, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

6. 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 for the demolition of the 55 existing rental dwelling units located at 36-42 Maitland Street after all the following have occurred:

a. all conditions in Recommendation 5 above have been fully satisfied and secured;

b. 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;

c. the issuance of excavation and shoring permits (conditional or full permit) for the approved development on the site; and

d. the owner has confirmed, in writing, that the 55 existing rental dwelling units are vacant.

7. 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 Preliminary Approval referred to in Part 6 above.

8. 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 36-42 Maitland Street after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Part 7 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 on site no later than 3 years from the date that 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 within the time specified in Part 8.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 Residential Demolition Permit is issued.

9. City Council allow the owner of 34-42 Maitland Street to construct and provide 10 affordable rental housing units (the "affordable rental units") as part of the development, to the satisfaction of the Chief Planner and Executive Director, City Planning, as an in-kind contribution pursuant to subsection 37(6) of the Planning Act, in accordance with the following terms:

a. the provision of the affordable rental units shall be provided in accordance with the terms and conditions set out in this Part 9 and on such other terms and conditions as are deemed appropriate by the Chief Planner and Executive Director, City Planning, and the City Solicitor;

b. the owner shall design, construct, finish, provide and maintain at least 10 affordable rental units on the site, including two studio units, six one-bedroom units, and two, two-bedroom units as follows:

1. the 10 affordable rental units shall be provided in a contiguous group, unless the building is secured as a purpose built-rental building to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor;

2. the two studio units shall have a minimum average unit size of 35.0 square meters;

3. the six one-bedroom units shall have a minimum average unit size of 45.0 square meters;

4. the two two-bedroom units shall have a minimum average unit size of 68.3 square meters and shall each be at least 60 square meters; and

5. the general configuration, location, and layout of the affordable rental units shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;      

c. the owner shall provide and maintain the affordable rental units as rental dwelling units for a minimum of 25 years, beginning with the date each such unit is first occupied; no affordable rental unit shall be registered as a condominium or any other form of ownership, such as life lease or co-ownership, which provide a right to exclusive possession of a dwelling unit, and no application for conversion for non-rental housing purposes, or application to demolish any affordable rental unit shall be made for at least 25 years from the date of first occupancy; upon the expiration of the 25 year period, the owner shall continue to provide and maintain the affordable rental units as rental dwelling units, unless and until such time as the owner has applied for and obtained all approvals necessary to do otherwise;

d. the initial rent (inclusive of utilities) charged to first tenants and upon turnover shall not exceed Affordable Rent as currently defined by the Official Plan for a minimum 25-year period, beginning with the date each such unit is first occupied; during the first 25 years of occupancy, increases to initial rents charged to tenants occupying any of the affordable rental units shall be in accordance with the Residential Tenancies Act and shall not exceed the Provincial rent guideline;

e. the City's Centralized Affordable Rental Housing Access System will be used to advertise and select tenants, or where the system is not yet in place, the owner will develop and implement a plan for how units will be rented to eligible households in consultation with, and to the satisfaction of the Executive Director, Housing Secretariat;

f. the owner shall provide ensuite laundry in each affordable rental;

g. the owner shall provide central air conditioning in each affordable rental unit;

h. the owner shall provide all tenants of the affordable rental units with access to, and use of, all indoor and outdoor amenities in the development, 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;

i. the owner shall provide and make vehicle parking spaces available for rent to the residents of the affordable rental units on the same terms and conditions as any other resident of the development; and

j. the owner shall provide residents of the affordable rental units with access to bicycle and visitor parking on the same terms and conditions as any other resident of the development.

10. City Council attribute a value to the in-kind contribution set out in Part 9 above equal to 100 percent of 4 percent of the value of the land (net of any exclusions or exemptions authorized under the Community Benefits Charge By-law), as determined the day before the day the building permit is issued in respect of the development with 38,024 square meters of proposed residential gross floor area (GFA) and direct staff to advise the owner of such valuation.

11. City Council authorize the Chief Planner and Executive Director, City Planning, to enter into an agreement pursuant to subsection 37(7.1) of the Planning Act (the "In-kind Contribution Agreement") to address the provision of the in-kind contribution identified in Part 9 above to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, with such agreement to be registered on title to the 34-42 Maitland Street lands, which agreement shall be evidence of arrangements for the provision of the in-kind contribution that are satisfactory to City Council.

12. 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 any other related agreements.