Item - 2016.CC12.12

City Council on February 3 and 4, 2016, adopted the following:

1.  City Council adopt the confidential recommendations contained in Confidential Attachment 1 to the report (January 28, 2016) from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to the report (January 28, 2016) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the report (January 28, 2016) from the City Solicitor remain confidential.

The following confidential recommendations contained Confidential Attachment 1 to the report (January 28, 2016) from the City Solicitor were adopted by City Council and are now public:

1.  City Council authorize the City Solicitor to advise the Ontario Municipal Board that City Council supports a settlement in principle of the zoning by-law appeal related to 2779, 2781 Yonge Street and 15-17, 19-21 Strathgowan Avenue, provided the following key points are met:

a.  With regard to the built form and development configuration:

i.  the maximum number of storeys shall be 9;

ii.  the maximum height to the top of the roof shall be 29.75 metres, plus mechanical projections not to exceed approximately 3 metres in height; and

iii.  the angular planes applied to the development proposal shall comply with the following requirements:

1.  a 45 degree angular plane taken from the Yonge Street frontage measured at a height of 21.6 metres at the property line of the subject site;

2.  a 45 degree angular plane taken from Strathgowan Avenue, abutting the Mixed-Use designation and commercial uses to the north, measured at a height of 21.6 metres at the property line of the subject site;

3.  a 45 degree angular plane taken from Strathgowan Avenue, abutting the Neighbourhoods designation, measured from the abutting residential property lines at grade;

4.  a 45 degree angular plane taken from the abutting rear yards of the residential homes fronting on to St. Hilda’s Avenue measured from grade, applying to floors 1 through 4 and the 7th floor of the subject development; and

5.  a 45 degree angular plane taken from the abutting rear yards of the residential homes fronting on to St. Hilda’s Avenue measured from a height of 10.5 metres, applying to floors 5, 6, 8 and 9 of the subject development;

iv.  the minimum amount of indoor amenity space shall be 2.0 square metres per residential unit and the minimum amount of outdoor amenity space shall be 2.0 square metres per residential unit;

v.  14 parking spaces shall be provided for the replacement residential rental units;

vi.  the owner agrees to secure the replacement of the existing 28 rental dwelling units in the new building with 28 replacement units and the unit mix for the residential rental replacement units shall be 14 one-bedroom and 14 two-bedroom units and the total gross floor area of these residential rental replacement units shall not be less than approximately 14,989 square feet, with the plans to be revised accordingly; and

vii.  the elevation and floor plan drawings resulting from this paragraph a., which relates to built form and development configuration, may result in an increased gross floor area, as a result of some additional gross floor area which may be achieved within the established angular planes;

b.  The City acknowledges that the owner and Uptown Yonge Neighbourhood Alliance Inc. propose to work with the City and use their respective best efforts to determine whether it is appropriate to achieve:

i.  an extension of the sidewalk on the south side of Strathgowan Avenue from the eastern boundary of the subject property to St. Hilda’s Avenue;

ii.  measures to reduce traffic infiltration into the residential neighbourhood to the east of the subject property, with the preferred choice being turn restrictions from the driveway of the new development on the subject property with a portion of Strathgowan Avenue becoming a one-way street solely for the purpose of preventing infiltration; and

iii.  traffic calming measures on Strathgowan Avenue, which could include a bump out or curb extension subject to neighbourhood consultation and the result of a study conducted by Transportation Services;

c.  The owner shall provide an indexed Section 37 cash contribution in the amount of $250,000.00;

d. The above-noted Section 37 contribution may be directed towards community benefits in the form of capital improvements, including parks improvements, and any of the matters listed in subparagraph 1.b.ii. and 1.b.iii. above, to be determined by City Planning, in consultation with Transportation Services and the local Ward Councillor;

e.  In addition to the City’s requirements for the site plan approval process, the owner agrees to consult with the other parties and participants as part of any site plan approval process, which consultation shall include, at a minimum, the provision of 1:50 drawings for review and comment, a meaningful opportunity to review and provide comments regarding these drawings, and at least two meetings with the applicant’s consultant team; and

f.  The parties agree to revise the draft zoning by-law amendment for presentation to the Ontario Municipal Board at a settlement hearing in February 2016 for approval, subject to Ontario Municipal Board availability, with the final order to be withheld pending written confirmation that the Section 37 agreement has been executed and that the City has issued notice of approval conditions for the site plan application.

2.  City Council jointly authorize the City Solicitor and the Chief Planner and Executive Director, City Planning to support minor changes to the final built form of the development proposal.

3.  City Council authorize the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, to finalize the elements of the settlement, including the final form of the minutes of settlement, the zoning by-law and any other related planning instruments and be authorized to request that the Ontario Municipal Board approve the development in accordance with Parts 1 and 2 above.

The balance of Confidential Attachment 1 to the report (January 28, 2016) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006 as it contains advice or communications that are subject to solicitor-client privilege and information regarding litigation.