Item - 2014.CC55.11

City Council on August 25, 26, 27 and 28, 2014, adopted the following:

1.         City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (August 19, 2014) from the City Solicitor.

2.         City Council’s instructions to staff in respect of the Ontario Municipal Board hearing be authorized for public release at the conclusion of the Council meeting with the balance of Confidential Attachment 1 to the report (August 19, 2014) from the City Solicitor to remain confidential.

The confidential instructions to staff contained in Confidential Attachment 1 to the report (August 19, 2014) from the City Solicitor were adopted by City Council and are now public:

1.         City Council advise the Ontario Municipal Board that, subject to the resolution to the satisfaction of the City of all matters related to the appeal, the City supports the settlement in principle of the Official Plan amendment and zoning by-law appeals on the basis arising from the mediation chaired by the Municipal Board on June 18, 19 and 20, 2014, which includes the following key points:

a.         The built form of the proposal shall generally be in accordance with the Height Map dated August 14, 2014, being Appendix "A" to this resolution (the "Height Map") and the built form shall incorporate the following elements:

i.          The height of the north tower is reduced from 38-storeys (104 metres) to 28 storeys (92.95 metres) with a mechanical penthouse not to exceed 6 metres. The tower will have a floorplate no larger than 890 square metres and a width no larger than 35 metres in relation to Soudan Avenue. The eastern portion of the tower shall step down to 8 and to 6 storeys; and

ii.         The south tower, originally proposed at 29-storeys (98.7 metres) is eliminated. There will be an L-shaped component of up to 12-storeys (44.7 metres), which fronts on Yonge Street and Hillsdale Avenue, subject to such setbacks as are shown on the Height Map and subject to appropriate articulation of the façade, which may include 2 and 8 storey components facing all three adjacent streets. This 12-storey component will step down to 8 and to 6 storeys at its eastern portion along Hillsdale Avenue;

b.         The owner shall provide a public park to extend along the eastern perimeter of the site from Soudan Avenue on the north to Hillsdale Avenue on the south. The park land shall be provided in base park condition. Unencumbered fee simple to the park land shall be conveyed prior to the registration of any condominium on the site. The park land shall have a total area of 1,100 square metres – subject to minor adjustment with respect to the community benefit component. Of that total area, 498 square metres is the park land dedication required under section 42 of the Planning Act and 602 square metres is a park land over-dedication provided under section 37 of the Planning Act. In connection with this provision of park land, the City shall release that portion of the site currently leased to the City as park land adjacent to Soudan Avenue, which land will then be conveyed to the City as described herein.

c.         The parking rate for the development proposal shall be 0.35 spaces per residential unit; 0.06 spaces for visitor parking, which parking may be shared with required commercial parking; and the commercial parking rate shall be 1 space per 100 square metres of non-residential gross floor area; and

d.         The owner will provide community benefits, pursuant to section 37 of the Planning Act, consisting of a park land over-dedication of approximately 372.5 square metres, delivered in base park condition, and consisting of a triangular shaped road widening of approximately 290 square metres in the northwest corner of the site, as shown on the Height Map. The road widening shall be conveyed in unencumbered fee simple prior to the registration of any condominium in relation to the development site. These community benefits will be secured in an agreement pursuant to section 37 of the Act in a form satisfactory to the City Solicitor.

2.         City Council authorize the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, to support Council's decision to the Municipal Board and to finalize the elements of the settlement, including the final form of the minutes of settlement and other planning instruments.

The balance of Confidential Attachment 1 to the report (August 19, 2014) from the City Solicitor remains confidential in its entirety in accordance with the City of Toronto Act, 2006, as it relates to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board and it contains advice subject to solicitor-client privilege.