Item - 2017.CC26.8

City Council on March 9, 2017, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 1, 2017) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (March 1, 2017) from the City Solicitor, including Appendix A, and City Council direct that the balance of Confidential Attachment 1 to the report (March 1, 2017) from the City Solicitor remain confidential.

The following confidential instructions to staff in Confidential Attachment 1 to the report (March 1, 2017) from the City Solicitor were adopted by City Council and are now public:

1.  City Council instruct the City Solicitor and any appropriate staff, to attend the Ontario Municipal Board Hearing for the Official Plan Amendment, Zoning By-law Amendment and Site Plan Control application appeals for 701-713 Soudan Avenue, 1674-1684 Bayview Avenues and 720 Hillsdale Avenue East, in support of the appeals as revised in accordance with the settlement offer from the proponent's solicitor, Adam Brown, dated February 20, 2017 as reflected in the 5 drawings dated February 20, 2017 attached as Appendix A to Confidential Attachment 1 to the report (March 1, 2017) from the City Solicitor, subject to the following conditions being addressed to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor:

a.  the Board Order for the official plan amendment and zoning by-law amendment appeals is to be withheld pending the finalization of the form and content of the Official Plan Amendment and Zoning By-law Amendment, to the satisfaction of the City Solicitor, and Chief Planner and Executive Director, City Planning and pending the owner executing and satisfactorily registering a Section 37 Agreement with the City, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b.  the two properties at 701 Soudan Avenue and 720 Hillsdale Avenue East are to be removed from the applications for Official Plan Amendment, Zoning By-law Amendment (14 267151 STE 22 OZ), Site Plan Control (15 268050 STE 22 SA) and residential rental demolition under Chapter 667 of the Toronto Municipal Code (14 227490 STE 22 RH), and are to remain designated as Neighbourhoods in the Official Plan;

c.  the height of the proposed development is limited to a maximum of 7 storeys and 25.1 metres plus a maximum 4.0 metre mechanical penthouse;

d.  the building massing, including setbacks and stepbacks, will be as per the section drawings and views in Appendix A to Confidential Attachment 1 to the report (March 1, 2017) from the City Solicitor;

e.  on floors three to six of the proposed development, on the Bayview Avenue frontage, the balconies will be recessed and not extend beyond the required setbacks;

f.  one or more landscaped planters will be added and maintained on the terraces and balconies on the portions of the west façade of the building that extend beyond the 45 degree angular plane;

g.  additional architectural treatment of the Bayview frontage of the proposed building to emphasize the existing streetwall character of the Midtown Village character area of Bayview Avenue, to be finalized as part of the site plan approval;

h.  the draft by-laws and the Section 37 Agreement to include the securing of the replacement rental dwelling units and rents, tenant assistance and any other rental related matters at least in conformity with Section 3.2.1.6 of the Official Plan;

i.  the owner to pay to the City prior to the first above-grade building permit, the sum of $100,000, indexed in accordance with City practice, pursuant to section 37 of the Planning Act. Such funds to be used by the City for capital improvements to City parks, community facilities, and local streetscape improvements in the vicinity of the site, and with provision for other Section 37 use of such funds in accordance with the Official Plan and to the satisfaction of the Chief Planner and Executive Director, City Planning, if not used for the stated purposes within 3 years of the zoning by-law amendment coming into full force and effect.  The community benefits will be secured in the Zoning By-law Amendment and the Section 37 agreement in a form and with registration satisfactory to the City Solicitor;

j.  the Board Order for the site plan appeal is to be withheld pending the finalization of Notice of Approval conditions satisfactory to the Chief Planner and Executive Director, City Planning and confirmation by the City Solicitor that pre-approval conditions have been satisfied, including the entering into and registration of a site plan agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; and

k.  the Board Order is to be withheld pending City Council dealing with the application No. 14 227490 STE 22 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to demolish the 38 existing rental dwelling units at 703 and 707 Soudan Avenue; and 1674, 1680, 1682 and 1684 Bayview Avenue.

2.  City Council defer making a decision at this time on application No. 14 227490 STE 22 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to demolish the 38 existing rental dwelling units at 703 and 707 Soudan Avenue; and 1674, 1680, 1682 and 1684 Bayview Avenue and City Council instruct staff to report on the Section 111 Application to Toronto and East York Community Council at such time as an Ontario Municipal Board decision has been issued regarding the Official Plan and Zoning By-law Amendment appeals for such lands and the other related lands at 703, 707, 709, 711 and 713 Soudan Avenue, and 1674, 1678, 1680, 1682 and 1684 Bayview Avenue.

3.  City Council authorize the City Solicitor, the Chief Planner and Executive Director, City Planning and City officials to take all necessary steps, including attending the Ontario Municipal Board hearing, as necessary, and the execution of agreements and documents, to give effect to Counci's decision.

Confidential Appendix A to the report  (March 1, 2017) from the City Solicitor is now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (March 1, 2017) 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 of one of its agencies or corporations and it contains advice or communications that are subject to solicitor-client privilege.