Item - 2014.TE30.97

City Council on March 20, 2014, adopted the following:

1.         City Council adopt the Recommendations in Confidential Attachment 1 to the report (March 11, 2014) from the City Solicitor.

2.         City Council direct that the confidential instructions to staff in respect of the Ontario Municipal Board hearing be made public at the conclusion of the Council meeting and that the remainder of Confidential Attachment 1 remain confidential.

The following recommendations in Confidential Attachment 1 to the report (March 11, 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 zoning by-law appeal on the basis arising from the mediation chaired by the Municipal Board on January 27 and 29, 2014, which includes the following key points:

a.         The development proposal does not include a hotel component and the commercial/restaurant component cannot have access to the residential amenity consisting of the central, outdoor pool (both the zoning by-law and the section 37 agreement will confirm this access prohibition);

b.         The height of the component of the structure adjacent to Avenue Road is reduced to 20 storeys (76.05 metres) plus elevator over-run;

c.         The tower, as it addresses Avenue Road, is set back a minimum of 2.7 metres, has a newly-introduced base feature which steps forward 1.5 metres on floors four through six and then steps back 2.5 metres for floors seven through twenty, with a further step back of 2 metres for the mechanical penthouse at the top of the tower;

d.         The height of that component of the structure adjacent to the Neighbourhood to the east is reduced to 14 metres and the east set back is increased to 7.5 metres (landscaped), with no commercial access permitted into that set back area and the adjacent rear lane to the east;

e.         Gross floor area is reduced in accordance with the built form changes and is anticipated to be in the range of: residential GFA 7,960 m² (approximately 61 units), non-residential GFA 1,511 m² and total GFA 9,471 m² (more or less);

f.          The owner will provide community benefits, pursuant to section 37 of the Planning Act, having a value of $650,000, indexed in accordance with City practice, prior to the first above-grade building permit. Such funds shall be used by the City for local streetscaping improvements (specifically the hydro burying initiative in the Yorkville Triangle Neighbourhood) and for capital improvements to local parks and to the Toronto Reference Library. The 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 1to the report (March 11, 2014) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation or potential litigation, affecting the City or one of its agencies, boards, and commissions, and advice or communications that are subject to solicitor client privilege.