Item - 2017.MM24.27

City Council on January 31, 2017, adopted the following:

1.  City Council amend Item TE14.2 by replacing Part 7.b. as adopted by City Council at its meeting on March 10, 2016 with the following:

7.  Before introducing the necessary Bills to City Council for enactment, City Council require the owner(s) to enter into an Agreement pursuant to Section 37 of the Planning Act satisfactory to the City Solicitor to secure the following:

b.  Prior to Condominium Registration the owner shall:

i.  convey and register, for nominal consideration, a non-exclusive easement in perpetuity in favour of the City, for use by the City, University Settlement House and the general public for a pedestrian thoroughfare, as identified as Area B on Attachment 8 to the report (February 2, 2016) from the Director, Community Planning, Toronto and East York District. The pedestrian thoroughfare will be to the satisfaction of the City Solicitor in consultation with the Chief Planner and Executive Director, City Planning, with the specific location, configuration and design to be determined to the satisfaction of the Chief Planner and Executive Director, City Planning, as part of the site plan approval process for all or any part of the site.  The maintenance of this pedestrian thoroughfare is to be the responsibility of the owner; and

ii.  convey and register, for nominal consideration, a non-exclusive easement in perpetuity in favour of the City, for use by the general public as publicly-accessible, privately-owned, open space at the south end of the site with a minimum area of 195 square metres, as identified as Area A on Attachment 8 to the report (February 2, 2016) from the Director, Community Planning, Toronto and East York District, to the satisfaction of the City Solicitor in consultation with the Chief Planner and Executive Director, City Planning.  The specific configuration and design to be determined to the satisfaction of the Chief Planner and Executive Director, City Planning, as part of site plan approval, and to come into effect on the first residential or non-residential occupancy.  The maintenance of this publicly-accessible, privately-owned, open space is to be the responsibility of the owner.

In the event that the Mixed Use Building does not proceed by way of Condominium tenure, the City shall have a right to require that the POPS Easement and Thoroughfare Easement be conveyed in the same manner and subject to the same conditions as described in this Section, on demand, provided that a minimum of two (2) years have elapsed since the first Above Grade Building Permit has been issued.

 
2.  City Council replace the draft Zoning By-law Amendments attached as Attachments 9 and 10 to the report (February 2, 2016) from the Director, Community Planning, Toronto and East York District, with the draft Zoning By-law Amendments attached to this Motion.

 
3.  City Council determine that no further notice is required in respect of the proposed By-law, pursuant to Section 34 (17) of the Planning Act.