Item - 2020.TE19.8

The Toronto and East York Community Council recommends that:

1.  City Council direct the City Solicitor, together with City Planning staff and appropriate City Staff to attend the Local Planning Appeal Tribunal hearing to oppose the Official Plan Amendment, Zoning By-law Amendment, and Site Plan Control applications in their current form.

2. City Council direct City Staff to continue discussions with the applicant in an attempt to resolve outstanding matters as identified in the report (September 21, 2020), from the Director, Community Planning, Toronto and East York District, including issues regarding appropriate transition to and coordination with adjacent properties.

3. In the event the Local Planning Appeal Tribunal allows the appeals of the Official Plan Amendment and Zoning By-law Amendment, in whole or in part, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its final Order on the Official Plan Amendment and Zoning By-law Amendment applications until:

a. the Official Plan and Zoning By-law Amendments are provided in a final form and with content satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. the owner and the City have agreed upon an appropriate Section 37 community benefit contribution to be provided by the owner to the City under the authority of Section 37 of the Planning Act, and such community benefit has been secured in a Section 37 agreement with the City that has been executed and registered on title to the property, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

c. the owner has addressed all outstanding issues identified by Engineering and Construction Services, Transportation Services, Solid Waste Management Services, Toronto Water, and Fire Services as outlined in the memo dated February 20, 2020 from Engineering and Construction Services relating to the Official Plan and Zoning By-law Amendments and Site Plan Control applications, including submitting a revised Functional Servicing Report, Storm Water Management Report and Hydro-geological Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d. the owner has entered into an agreement or agreements with the City securing the design and the provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure and/or provision of new municipal infrastructure identified in the approved engineering reports referenced in recommendation 3.c. above, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades and/or new infrastructure are required to support the development;

 e. the owner has submitted a revised Pedestrian Level Wind Study acceptable to, and to the satisfaction of, the Chief Planner and Executive Director, City Planning;

f. the owner has revised all plans and reports to show the location of Toronto Transit Commission infrastructure adjacent to the development site and ensure that a 3 metre clearance is maintained between the proposed development, including all below grade and above grade structures, to all Toronto Transit Commission infrastructure, all to the satisfaction of the Manager of Technical Review, Toronto Transit Commission, and the Chief Planner and Executive Director, City Planning;

g. the owner has withdrawn their appeal of Official Plan Amendment 183 - North Downtown Yonge Site and Area Specific Policy 382; and

h. the owner has withdrawn their appeal of Official Plan Amendment 231 with respect to office replacement policies.

4.  In the event the Local Planning Appeal Tribunal allows the appeal of the Site Plan Control application, in whole or in part, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its final Order on the Site Plan Control application until:

a. the owner has revised the Site Plan to address all outstanding issues, including issues identified in the Engineering and Construction Services memo dated February 20, 2020, the revised Pedestrian Level Wind Study, and the revised plans and reports showing the location of the Toronto Transit Commission infrastructure, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, Chief Planner and Executive Director, City Planning, and the Manager, Technical Review, Toronto Transit Commission;

b. the owner and the City have entered into a Site Plan Agreement securing conditions of site plan approval, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

c. the City Solicitor has advised the Tribunal in writing that all pre-approval conditions have been fulfilled by the owner.

5. City Council authorize City Planning staff to re-schedule the community consultation meeting for the application located at 20-26 Maitland Street together with the Ward Councillor prior to the Local Planning Appeal Tribunal hearing on the appealed applications.

6. City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement the recommendations above.

The Official Plan Amendment, Zoning By-law Amendment and Site Plan Control applications propose the redevelopment of the site at 20-26 Maitland Street with a 45-storey mixed use building. The proposal includes 527 residential condominium dwelling units and 275 square metres of retail space at grade.

The Official Plan Amendment and Zoning By-law Amendment application was deemed complete on October 23, 2019. The Site Plan Control Application was deemed complete on November 26, 2019.  The Official Plan Amendment, Zoning By-law Amendment, and Site Plan Control applications were appealed to the Local Planning Appeal Tribunal (the "LPAT") on March 14, 2020 due to the City's failure to make a decision within the prescribed time period set out in the Planning Act.

This report recommends that the City Solicitor, together with City Planning staff, and other appropriate City staff, attend the LPAT in opposition to the current proposal. As proposed, the application is not consistent with the Provincial Policy Statement (2020), does not conform to the Growth Plan (2020), and does not conform to the City's Official Plan.