Item - 2015.CC6.8

City Council on May 5, 6 and 7, 2015, adopted the following:

1.  City Council adopt the confidential recommendations contained in Confidential Attachment 1 to the report (May 4, 2015) from the City Solicitor and authorize the public release of those recommendations; and City Council direct that the balance of Confidential Attachment 1 remain confidential.

2.  City Council direct that Confidential Attachment 1 to the report (April 28, 2015) remain confidential in its entirety as it contains advice or communications that are subject to solicitor-client privilege and pertains to litigation or potential litigation that affects the City.

The following confidential recommendations in Confidential Attachment 1 to the report (May 4, 2015) 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, subject to the resolution to the satisfaction of the Director, Community Planning, Toronto and East York District, of all matters related to the appeal, the City supports the settlement of the zoning by-law and site plan appeals on the basis set out below:

a.  The maximum height of the structure is reduced from 22-storeys (69.65 metres plus mechanical) to 15-storeys (52.05 metres) with a mechanical penthouse not to exceed an additional 5 metres located such that it shall not create additional shadowing beyond the building's shadow on Lord Lansdowne Public School;

b.  The façade of the structure, as it addresses Spadina Avenue, will incorporate articulation and architectural treatment measures at and/or to the top of the second floor level to provide a reference to the surrounding context. The façade of the development proposal will step back a minimum of 3 metres at the 9th floor. The east elevation above the new commercial space on the northeast portion of the ground floor that is intended to replicate the existing Silver Dollar Room will step back approximately 3 metres (up to the 3rd floor) to better reveal the built form of the Silver Dollar Room. The north elevation above the replicated Silver Dollar Room will step back a minimum of 1.2 metres for the length of the Silver Dollar Room (approximately 21.34 metres). The material expression at the ground floor on the east and north elevations of the Silver Dollar Room shall define the scale, form and massing of the heritage resource and shall include an accurate replication of the east elevation to the satisfaction of the Manager, Heritage Preservation Services;

c.  The west facing elements of the structure will step down from 15-storeys to 13, then 9, then 2-storeys, with each of the 9 and 13 storey components stepping back approximately 8.3 metres, generally in accordance with drawings filed with the City by Kirkor Architects dated April 17, 2015;

d.  The south face of the structure will step back a minimum of 1.0 metres above the 9th storey and an addition 1.5 metres above the 13th storey, generally in accordance with drawings filed with the City by Kirkor Architects dated April 17, 2015;

e.  The minimum vehicle parking provided for the development proposal shall be 46 spaces in total;

f.  The conditions of site plan approval shall be in accordance with City practice and shall be generally in accordance with conditions jointly proposed by the applicant and the City to the Municipal Board, with adjustments as necessary to reflect agreed heritage conservation measures;

g.  Heritage attributes of the Silver Dollar Room as set out in the Reasons for Designation shall be conserved in new commercial space in the northeast portion of the ground floor of the development to the satisfaction of the Manager, Heritage Preservation Services which measures shall include retaining: the location, scale, form and massing of the existing resource, the location of the original entrance, the exterior "Silver Dollar Room" sign and its location on the east elevation, the open volume of the interior performance space including the bar, the stage with raised areas and the terrazzo floor. Conservation and commemoration of other heritage elements of the premise will, as part of the site plan approval conditions, include reinstatement of the original mural and photographs of entertainers, installation of a plaque to commemorate the heritage resources, re-use of the name "Silver Dollar" in connection with the entertainment component of the commercial land use;

h.  The name "Waverley" shall be utilized for the residential component of the development proposal; and

i.  The owner shall enter into an agreement under section 37 of the Planning Act to implement proposed heritage conservation measures, and no cash payment will be required of the owner under section 37 of the Planning Act.

2.  City Council authorize the City Solicitor, in consultation with the Director, Community Planning, Toronto and East York District to support Part 1 above to the Ontario 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 1 to the report (May 4, 2015) from the City Solicitor remains confidential, as it contains advice or communications that are subject to solicitor-client privilege and it pertains to litigation or potential litigation that affects the City.

Confidential Attachment 1 to the report (April 28, 2015) from the City Solicitor remains confidential in its entirety, 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 it pertains to litigation or potential litigation that affects the City.