Item - 2015.MM2.7

City Council on December 11, 2014, adopted the following:

1.         City Council adopt the recommendations contained in Confidential Attachment 1 to the report (December 9, 2014) from the City Solicitor.

2.         City Council authorize the public release of the recommendations in Confidential Attachment 1 to the report (December 9, 2014) from the City Solicitor with the balance of Confidential Attachment 1 to remain 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.

The following recommendations contained in Confidential Attachment 1 to the report (December 9, 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 Ontario Municipal Board on September 25 and 26 and on November 6, 2014, which includes the following key points:

a.         the tower component of the proposal shall be shifted north to achieve a minimum separation distance of 25 metres from the north face of the Quantum North building;

b.         the maximum height of the tower shall be 58 storeys, excluding mechanical penthouse equipment and other typical projections;

c.         the second floor of the proposal shall consist of non-residential uses, save and except for live-work units, which may be located adjacent to the Yonge Street frontage;

d.         the north facing units on floors three to six of the proposal will be used for condominium purposes other than residential units, including office and amenity areas;

e.         the minimum parking requirement shall be 0.35 spaces per unit (inclusive of visitor parking spaces), with no parking required for any non-residential uses (including office and retail uses);

f.          a 1.5 metre pedestrian walkway shall be provided on the eastern boundary of the lands and delineated with appropriate paving and lighting, to be determined through the site plan approval process; and

g.         the owner will, prior to the issuance of an above-grade building permit, provide community benefits, pursuant to section 37 of the Planning Act, consisting of an indexed financial contribution of $1,800,000.00 to be used by the City for community services and facilities in the vicinity of the Lands, with such community services and facilities to be determined by the Chief Planner and Executive Director, City Planning in consultation with the local Councillor.  This community benefit will be secured in an agreement pursuant to section 37 of the Planning 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 Ontario Municipal Board and to finalize the elements of the settlement, including the final form of the minutes of settlement and related planning instruments.

The balance of Confidential Attachment 1 to the report (December 9, 2014) from the City Solicitor remains confidential, 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.