Item - 2013.MM45.28

City Council on December 16, 17 and 18, 2013, adopted the following:

1.         City Council adopt the recommendations contained in the Confidential Attachment 1 to the report (December 16, 2013) from the City Solicitor.

2.         City Council direct that the confidential recommendations contained in Confidential Attachment 1 to the report (December 16, 2013) from the City Solicitor be made public and that all other information contained in the Confidential Attachment 1 to the report (December 16, 2013) from the City Solicitor remain confidential, including Appendices 1 and 2.

The confidential recommendations contained in Confidential Attachment 1 to the report (December 16, 2013) from the City Solicitor were adopted by City Council and are now public:

1.                  City Council continue to direct the City Solicitor to request that the Ontario Municipal Board refuse the proposal at 95 and 99 Broadway Avenue and 197 Redpath Avenue for the reasons set out in Item TE26.18 adopted by City Council on October 8, 9, 10 and 11, 2013.

2.                  City Council authorize the City Solicitor to enter into a settlement with the applicant in the event a revised proposal is submitted that includes the following:

a.                  one tower that complies with the relevant Tall Buildings Design Guidelines development criteria, including a maximum floorplate size of 750 square metres;

b.                  a maximum height of 29 storeys, inclusive of a podium which is no higher than 5 storeys;

c.                  full replacement of the existing 32 rental dwelling units and a Tenant Relocation and Assistance Plan, including the right of tenants to return to the new rental units in accordance with the Official Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning;

d.                  City Council continue to direct the City Solicitor request that the Board withhold any order to approve a Zoning By-law for the subject lands until such time as the City and the owner have presented a draft by-law to the Board that provides for securing the rental housing matters as outlined in Recommendation 2 of the report (August 16, 2013) from the Director, Community Planning, Toronto and East York District, and a Section 37 Agreement incorporating these matters has been executed;

e.                  secure services, facilities or matters pursuant to Section 37 of the Planning Act, as may be required by the Chief Planner; and

f.                  is otherwise satisfactory to the Chief Planner and Executive Director, City Planning, in consultation with the City Solicitor.

The balance of Confidential Attachment 1, including Appendices 1 and 2, to the report (December 16, 2013) from the City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it contains information that pertains to litigation or potential litigation that affects the City or one of its agencies, boards and commissioner and contains advice or communications that are subject to solicitor-client privilege.