Item - 2016.CC20.18

City Council on July 12, 13, 14 and 15, 2016, adopted the following:

1.  City Council adopt the Confidential Recommendations in Confidential Attachment 1 to the report (July 12, 2016) from the Interim City Solicitor.

2.  City Council authorize the public release of the Confidential Recommendations and Confidential Appendices 1, 4 and 5 to Confidential Attachment 1 to the report (July 12, 2016) from the Interim City Solicitor and City Council direct that the balance of  Confidential Attachment 1 to the report (July 12, 2016) from the Interim City Solicitor remain confidential. 

The following confidential recommendations in Confidential Attachment 1 to the report (July 12, 2016) from the Interim City Solicitor were adopted by City Council and are now public:

1.  City Council authorize the City Solicitor to appear at the Ontario Municipal Board in support of a settlement on the basis of the plans provided on June 20, 2016 (the “Settlement Plans”) subject to the following conditions:

a.  the Settlement Plans will be revised to move the driveway currently shown to the north of the Gatekeeper’s Cottage, reduce the width of the proposed parking pad to the same size as the visitor parking spaces, and move the proposed parking pad to the east (effectively placing the proposed parking pad further east where a portion of the driveway is currently shown);

b.  the existing fire escapes will be removed from the Gatekeeper’s Cottage, subject to a review of fire code compliance with the City;

c.  the Settlement Plans will be updated to the satisfaction of urban design staff to address the materials and articulation for the proposed retaining walls and fence of the private residential terraces at the back of the townhouse units;

d.  the Settlement Plans will be updated to include landscaping for a visual screen at the south end of the townhouses on Avenue Road to the satisfaction of the Manager of Heritage Preservation Services and Manager, Urban Forestry;

e.  the Settlement Plans will be updated to show planting ivy on the retaining walls to encourage a green environment around the campus track field;

f.  with respect to the historic gates, the west half of the historic gates is being retained in its entirety in situ.  The east half of the historic gates (including posts and fencing) will be relocated in its entirety as part of the conservation initiative for the property.  The Conservation Management Plan will be updated to include the method for repair of the historic gates and treatment of the north side of the Gatekeeper’s Cottage including the revised parking pad layout;

g.  a cost estimate for the Conservation Management Plan to the satisfaction of the Manager, Heritage Preservation Services;

h.  the Functional Servicing Report and Stormwater Management Report will be revised to address the matters set out in the July 6, 2016 letter from the Manager of Development Engineering to the satisfaction of Engineering and Construction Services, including but not limited to the following matters:

i.  the provision of a signed letter confirming and undertaking to the City that the owner will construct and maintain all buildings on the Property in a manner which will not discharge any private water collected from foundation drains (weeping tiles, subfloor drains), ground water collections systems (groundwater collection sump(s), pump(s), etc.) or any other type of permanent drainage system or any direct or indirect connection to the City’s sewage works; and

ii..  agrees to pay for and construct any improvement to the municipal infrastructure in connection with the site servicing assessment, should it be determine that upgrades are required to the infrastructure to support this development;

i.  the parties agree that the Ontario Municipal Board withhold its final order regarding the rezoning appeal until the form and content of the zoning by-law amendments are acceptable to the City Solicitor and the matters listed in Parts a to h above have been satisfied; and

j.  the parties agree that the Ontario Municipal Board withhold its final order regarding the site plan appeal until the final order regarding the rezoning order has issued and written confirmation has been provided from the City Solicitor noting the appropriate conditions of site plan approval and fulfillment of any pre-approval conditions, with clearance of the conditions of site plan approval delegated back to the City by the Board.

2.  City Council authorize Planning Staff to commence City-initiated Official Plan Amendments as follows:

a.  initiate an amendment to the Yonge St. - St. Clair Secondary Plan respecting the existing playing field of the De La Salle property as set out in Confidential Appendix 4 to the report (July 12, 2016) from the Interim City Solicitor; and

b.  initiate an amendment to Official Plan Policy 3.1.1, Schedule 4 to include the designated views as shown on Confidential Appendix 5, Schedule 1, to the report (July 12, 2016) from the Interim City Solicitor.

3.  City Council authorize the revisions to the Reasons for Designation as shown in Confidential Appendix 5 to the report (July 12, 2016) from the Interim City Solicitor.

4.  City Council authorize the City Solicitor to amend the existing HEA, registered on title for the heritage property at 131 Farnham Avenue, Instrument No. CA332829, dated 15 February, 1995 and on file with the Manager, Heritage Preservation Services in accordance with the revisions to the Reasons for Designation as shown in Confidential Appendix 5 to the report (July 12, 2016) from the Interim City Solicitor.

Confidential Appendices 1, 4 and 5 to Confidential Attachment 1 to the report (July 12, 2016) from the Interim City Solicitor are now public and can be accessed under Background Information (City Council).