Item - 2016.CC23.7

City Council on December 13, 14 and 15, 2016, adopted the following:

1. City Council adopt the confidential recommendations contained in Confidential Attachment 1 to the report (December 14, 2016) from the City Solicitor.

2. City Council direct that the confidential recommendations contained in Confidential Attachment 1 and the information contained in Confidential Appendices A and B to Confidential Attachment 1 to the report (December 14, 2016) from the City Solicitor be made public and City Council direct that the balance of Confidential Attachment 1 to the report (December 14, 2016) from the City Solicitor remain confidential.

The following confidential recommendations in Confidential Attachment 1 to the report (December 14, 2016) from the City Solicitor were adopted by City Council and are now public:

1.  City Council accept the Settlement Offer attached as Appendix A to Confidential Attachment 1 to the report (December 14, 2016) from the City Solicitor and City Council authorize the City Solicitor to execute Minutes of Settlement as necessary to give effect to such settlement.

2.  City Council authorize and direct the City Solicitor and appropriate City Staff to attend at the Ontario Municipal Board hearing in support of the settlement in accordance with the Settlement Offer.

3.  City Council direct the City Solicitor to request that the Ontario Municipal Board's Order on the Zoning Bylaw amendments be withheld pending receipt of confirmation from the City that:

a. The final form and content of the zoning by-laws are satisfactory to the City Solicitor;

b. The registered owner of the site has entered into the required Section 37 Agreement to the satisfaction of the City Solicitor;

1. The community benefits recommended to be secured in the Section 37 Agreement are as follows:

a. prior to the issuance of the first above grade building permit the Owner shall provide a financial contribution in the amount of $650,000 to be used towards park improvements for Mossgrove Park and KirkwoodPark;

b. the financial contribution referred to above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential or Apartment Building-Construction Price Index for Toronto, calculated from the date of the Section 37 Agreement to the date the payment is made; and

c. in the event the cash contribution referred to above has not been used for the intended purpose within three (3) years of these By-laws coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the local Councillor, provided that the purposes are identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands;

2. The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:

a. the Owner shall provide improvements to the outdoor pool area that will include at a minimum, upgrading the existing pool deck and surrounding area with durable finishings/materials and installing decorative fencing, or enclosing the entire pool area within a new amenity building on-site to the satisfaction of the Chief Planner and Executive Director of City Planning.;

b. the Owner shall provide and maintain a new recreational amenity building on-site of a minimum of 250 square metres adjacent to the existing outdoor pool area, and shall screen the garbage/loading area from the pool area. The design and materials of the recreational amenity building shall be secured through the site plan approval process, to the satisfaction of the Chief Planner and Executive Director, City Planning;

c. the Owner shall provide detailed plans of the proposed newrecreational amenity building with the uses and utility of the building to the satisfaction of the Chief Planner and Executive Director, City Planning;

d. the Owner shall provide and maintain clearly defined routes and pedestrian connections from the existing rental buildings and new 192 stacked townhouse units to amenity areas, the public sidewalks and Mossgrove Park. The design, location and materials of the routes and pedestrian connections shall be secured through the site plan approval process, to the satisfaction of the Chief Planner and Executive Director, City Planning;

e. the Owner shall complete construction of all improvements to amenity areas listed above in accordance with the plans and/or drawings provided and approved through the site plan approval process and prior to receiving an occupancy permit of the new 192 stacked townhouse units. The Owner shall not pass through any of the construction costs to the tenants of the existing rental buildings, including in the form of an increase in rent above the provincial Guidelines established under the Residential Tenancies Act;

f. the Owner shall maintain existing amenity space of 544 square metres in the existing three 18-storey apartment buildings at 740 York Mills Road, 750 York Mills Road and 17 Farmstead Road, and shall provide reciprocal access for all residents of those buildings, excluding residents of the proposed new 192 stacked townhouse units, for the purpose of access and use of all indoor amenity areas within the existing three 18-storey apartment buildings at 740 York Mills Road, 750 York Mills Road and 17 Farmstead Road;

g. the Owner shall provide reciprocal access to all residents located at 740 York Mills, 750 York Mills Road and 17 Farmstead Road, including residents of the proposed new 192 new stacked townhouse units, for the purposes of access and use to all outdoor amenity areas, including the outdoor pool, or potential future indoor and to the new recreational amenity building of a minimum of 250 square metres;

h. the Owner shall maintain the apartment buildings at 740 and 750 York Mills Road and 17 Farmstead Road with 409 existing rental dwelling units as rental housing for a minimum period of twenty (20) years commencing from the date the by-laws come into effect, with no application for demolition without replacement, or for conversion to non-rental housing purposes during the twenty year period;

i. prior to issuance of the first building permit, including excavation or demolition permits, the owner shall submit and implement a Construction Management Plan, and a Tenant and Neighbourhood Communication Strategy, to the satisfaction of the Executive Director, Engineering and Construction Services, in consultation with the Chief Planner and Executive Director, City Planning;

j. the Owner shall provide public access over the proposed POPS area at the south end of the site (previously Block D), to the satisfaction of the Chief Planner and Executive Director, City Planning; and

k. the Owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council at its meeting of October 26 and 27, 2009;

c. The Owner shall satisfy the requirements of a technical review of the proposed settlement offer by the City’s commenting Divisions, Agencies, Boards and Commissions, to the satisfaction of the Chief Planner and Executive Director, City Planning;

d. The Owner agrees that a maximum of 44 surface parking spaces may be considered, provided that during the review of the site plan control application the parking area is appropriately screened from the proposed POPS, Leslie Street and York Mills Road;

e. The Owner shall provide a minimum 3 metre setback from the proposed on-site parkland dedication to the ramp leading to the underground garage, to the satisfaction of the General Manager, Parks, Forestry and Recreation in consultation with the Chief Planner and Executive Director, City Planning; and

f. The Owner shall satisfy all requirements from Parks, Forestry and Recreation as set out in their memorandum of December 9, 2016.

Confidential Appendices A and B to Confidential Attachment 1 to the report  (December 14, 2016) from the City Solicitor are now public and can be accessed under Background Information (City Council).