Item - 2015.MM8.46

City Council on July 7, 8 and 9, 2015, adopted the following:

1.  City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (July 8, 2015) from the City Solicitor and authorize the public release of the confidential recommendations in Confidential Attachment 1, and City Council direct that the balance of Confidential Attachment 1 remain confidential. 

The following confidential recommendations in Confidential Attachment 1 report (July 8, 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 City Solicitor and the Director of Community Planning, Toronto East York District of all matters related to the appeal, the City supports the settlement of the zoning by-law appeal for the development proposal on the basis set out below:

a.  the development proposal shall have a maximum building height of 10 storeys, for a total building height of 32.7 metres to the top of the building slab, plus mechanical penthouse not to exceed 37.7 metres;

b.  a Type B vehicle loading space is permitted and site plan approval for the proposal shall require maintenance of a tri-sorter and shall include notification to owners that municipal solid waste pick-up will not be provided;

c.  along Avenue Road, the 1st and 2nd floors shall be set back approximately 2.7 metres from the property line as necessary to maintain a building-to-curb distance at a minimum of 4.6 metres;

d.  along Avenue Road, the 3rd to 7th floors shall step forward to the property line; however, above the 7th floor the building shall step back a minimum of 1.25 metres;

e.  at the rear/east property line, in the event that parking access to the development proposal can be accomplished through the adjacent property at 225 Davenport Road (MTCC 795), the rear set back at grade shall range from a minimum of 1.225 to 3.0 metres at grade, with upper floors set back generally in accordance with the plans referenced below;

f.  at the rear/east property line, in the event that parking access to the development proposal cannot be accomplished through the adjacent property at 225 Davenport Road (MTCC 795), the rear set back at grade shall be a minimum of 0.25 metres at grade, with upper floors set back generally in accordance with the plans referenced in below;

g.  the development proposal will be constructed substantially in accordance with the following plans, prepared by Teeple Architects Inc.:

i.  Building Section East-West Typical, Dated 2015-06-30;

h.  the owner will provide community benefits, pursuant to section 37 of the Planning Act, consisting of the following:

i.  prior to the issuance of an above-grade building permit, the Owner shall provide an (indexed to inflation) contribution of $290,000.00 to the Planning Act Reserve Fund for community type facilities, with such funds to be used in the discretion of the Chief Planner and Executive Director, City Planning for local area park and streetscape improvements in consultation with the Ward Councillor.

2.  City Council authorize the City Solicitor, in consultation with the Director of Community Planning, Toronto East York District, to support Part 1 above to the Ontario Municipal Board, modified as necessary in the opinion of such Officials to reflect the intent of this settlement, 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 (July 8, 2015) 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 that affects the City or one of its agencies, boards and commissions and it contains advice or communications that are subject to solicitor-client privilege.