Item - 2016.CC12.8

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 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 in 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 appeals related to 2360-2378 Yonge Street and 31, 33, 35 and 37 Helendale Avenue, provided the following key points are met:

a.  The sites at 2360-2378 Yonge Street and 31, 33, 35 and 37 Helendale Avenue shall be the subject of a joint development proposal;

b.  The built form of the proposal will be substantially as follows:

i.  a mixed-use commercial and residential building on a combined site with a single tower, having a maximum height of 29-storeys, plus an additional mezzanine associated with the townhouse dwelling units, with a total height of approximately 94 metres (100.6 metres including mechanical penthouse);

ii.  a maximum density of approximately 11.4 times the area of the combined site;

iii.  a base building height of 2 to 11-storeys – incorporating stepbacks along Yonge Street as follows: at the second level, a stepback generally in the range of 3.0 to 9.0 metres; at the sixth level a minimum stepback of 2.0 metres; at the tenth level a minimum stepback of 5.0 metres; and at the eleventh level a minimum stepback of 3.0 metres;

iv.  ground floor building setbacks of a minimum of 1.5 metres along Yonge Street (after widening), a minimum of 3.0 metres along Helendale Avenue (after widening) and a setback in the range of a minimum of 3.0 to 7.0 metres along the west and south property lines adjacent to the Northern District Public Library site;

v.  a minimum tower setback of 12.5 metres from the south and west property lines, 6.0 metres from Helendale Avenue and a minimum generally in the range of 20 to 24 metres along Yonge Street; and

vi.  a maximum tower floorplate of 797 square metres.

c.  The development proposal shall include the replacement of all 19 existing residential rental units, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and

d.  The owner will provide community benefits, pursuant to Section 37 of the Planning Act, having a value of $1.5 million dollars, indexed in accordance with City practice, prior to the first above-grade building permit. Such funds shall be used by the City in its discretion for local streetscaping improvements, and/or public realm improvements and/or the Northern District Public Library.  In addition, the owner shall make arrangements to provide for streetscape improvements to Yonge Street and to Helendale Avenue abutting the site in accordance with designs to be approved in connection with the Midtown in Focus, Parks, Open Space and Streetscape Master Plan Study for Yonge-Eglinton.  The community benefits will be secured in an agreement pursuant to Section 37 of the Planning Act in a form satisfactory to the City Solicitor, and shall be registered prior to a final order on the Appeals by the Ontario Municipal Board.

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 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 pertains to advice or communications that are subject to solicitor-client privilege and information regarding litigation.