Item - 2018.CC38.5

City Council on March 26 and 27, 2018, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 19, 2018) from the City Solicitor, as amended by the confidential instructions to staff attached to motion 1 by Councillor Joe Mihevc.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (March 19, 2018) from the City Solicitor as amended by the confidential instructions to staff attached to motion 1 by Councillor Joe Mihevc, and City Council authorize the public release of Confidential Appendices A and B to the report (March 19, 2018) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (March 19, 2018) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (March 19, 2018) from the City Solicitor were adopted by City Council, as amended by the confidential instructions to staff attached to motion 1 by Councillor Joe Mihevc, and are now public, as follows:

1.  City Council accept the Settlement Offer as set out in Confidential Appendix A and Appendix B to the report (March 19, 2018) from the City Solicitor, subject to Part 2 below as amended by the communication (March 26, 2018) from David Bronskill, Goodmans LLP, and City Council authorize the City Solicitor to execute Minutes of Settlement, as necessary, to give effect to the settlement.

2.  City Council authorize the City Solicitor to advise the Ontario Municipal Board that the City supports the proposed development substantially in accordance with the plans dated March 14, 2018, Confidential Appendix B to the report (March 19, 2018) from the City Solicitor, (the "Revised Plans"), subject to the following:

a.  the height of the building (inclusive of mechanical equipment and parapets) will be a maximum of 24.91 metres, as shown from average grade, as follows:

i.  the height to the top of the mechanical penthouse is 24.21 metres (exclusive of any waterproofing and/or insulation required above the roof slab, as shown on the Revised Plans);

ii.  the only other elements permitted to project above the 24.21 metres are limited to the parapet height above the mechanical penthouse of 0.7 metres and an exhaust shaft of 1.0 metres in the general location shown on pages 9 and 10 of the Revised Plans, subject to technical and/or minor modifications to the satisfaction of the Chief Planner and Executive Director, City Planning, with no other permitted vertical projections above the mechanical penthouse except those identified in this Part 2.a.ii.;

iii.  the position of the above-noted exhaust shaft shall not exceed a horizontal projection of 1.25 metres from the mechanical penthouse towards Spadina Road, as shown on page 10 of the Revised Plans;

iv.  the height of the podium (inclusive of all projections and parapets) shall be a maximum of 14.5 metres and shall consist of three (3) residential floors and one (1) commercial/retail floor at grade, as shown on page 1 of the Revised Plans and the height of the podium (exclusive of any waterproofing and/or insulation required above the roof slab) shall be a maximum of 13.9 metres, with the exception of the railings on the 5th floor, shown as projecting vertically above this height on the Revised Plans;

v.  the height of all railings, including those mentioned in Part 2 a.iv. above, shall be no greater than 1.1 metres, and subject to Part 2 a.vi. below;

vi.  there shall be no vertical or horizontal projections, including all railings and parapets, into the line of sight angular plane as shown on page 1 of the Revised Plans (the "Angular Plane");

vii.  there shall be no permanent vertical projections on the walk-up terraces shown on page 10 of the Revised Plans;

viii.  the maximum height of any parapet shall be no greater than 0.7 metres and any such parapet shall not project into the Angular Plane, and any railing behind a parapet shall also not be visible from the street;

ix.  the fifth floor shall be stepped back a minimum of 4.7 metres from the east property line and any terraces on the fifth floor, including railings, parapets and projections, must all be within the Angular Plane;

x.  the sixth floor shall be set back an additional 4.85 metres from the fifth floor for a total of a 9.55 metre stepback from the east property line, and the sixth floor and any terraces on the sixth floor, including railings, parapets and projections, must all be within the Angular Plane;

xi.  the sixth floor terraces shall be set back on the north by at least 1.78 metres from the face of the fifth floor below, 4.7 metres from the east property line and 3.0 metres from the south property line, as shown on page 9 of the Revised Plans;

xii.  the height of the building from average grade to the roof of the sixth floor shall be a maximum of 20.46 metres, exclusive of the parapet which may project above this height but shall not project into the Angular Plane, and exclusive of waterproofing and insulation as shown on page 1 of the Revised Plans; and

xiii.  the privacy screen dividing the walk-up terraces, as shown on page 10 of the Revised Plans, shall be no greater than 1.83 metres (or 6 feet) in height, and the railings, fences and screens surrounding these walk-up terraces shall be no greater than 1.2 metres in height;

b.  the building will have the following relationship to the heritage property at 404 Spadina Road:

i.  the first four floors in the base building are intended to reflect the horizontal datum lines of the adjacent heritage building at 404 Spadina Road, including the retail store front datum line of this adjacent building;

ii.  the 4th floor is setback back at least 5.5 metres from the south elevation of the heritage building at 404 Spadina Road to provide for a reveal at the north east corner of the base building; and

iii.  the terrace in the fourth floor stepped back area above the 3rd floor area shall be set back to a minimum of 1.7 metres from the heritage building at 404 Spadina Road and the terrace shall be stepped back 2.5 metres from Spadina Road, east property line;

c.  there will be a minimum of two retail units on the ground floor;

d.  there will be a maximum of 4,850 square metres of residential gross floor area, inclusive of the walk-up indoor areas above the sixth floor, subject to technical and/or minor modifications to the satisfaction of the Chief Planner and Executive Director, City Planning;

e.  the walk-up indoor areas above the sixth floor, as shown on page 10 of the Revised Plans, shall contain no more than 65 square metres of residential gross floor area, inclusive of the staircases, and this maximum is not subject to any increases for technical or minor modifications;

f.  the owner agrees to a 1.98 metre lane widening, to be conveyed to the City free and clear of all encumbrances, as shown at the rear of the subject property;

g.  the mechanical penthouse, inclusive of the walk-up indoor areas, shall be a maximum of 19.03 metres in length, with a maximum width of 9.90 metres intended to curve towards the outer edges from the mid-point of the mechanical penthouse (at approximately 9.52 metres) by approximately 0.9 metres, to a maximum width at the outer edges of the mechanical penthouse of 9.01 metres, as shown on page 10 of the Revised Plans:

i.  the mechanical penthouse shall be set back a minimum of 2.4 metres from the rear property line, on the eastern edge of the lane widening; and

ii.  the mechanical penthouse, including the walk-up indoor areas, shall be set back from the north edge of the sixth floor below by a minimum of 5.445 metres and set back from the south edge of the sixth floor below by a minimum of 5.44 metres, as shown on page 10 of the Revised Plans;

h.  the walk-up terraces above the sixth floor shall be setback from the north, east and south edges of the building roof on the sixth floor a minimum of 4.0 metres, with the minimum 4.0 metre setback measured from the setback at the north sixth floor building edge of roof at 2.975 metres, 4.0 metres from the east sixth floor building edge and from the setback at the south sixth floor building edge of the roof at 3.0 metres;

i.  the maximum number of residential dwelling units shall be 34, subject to minor modifications through detailed design, to the satisfaction of the Chief Planner and Executive Director, City Planning;

j.  the proposal shall provide a Type G loading space, with the potential to permit a Type B loading space if the dwelling unit count decreases to 30 units or fewer;

k.  a revised Ground Floor plan shall be provided to illustrating the dimensions of the 5.0 metre at-grade pedestrian clearway easement, which shall be conveyed to the City;

l.  updated parking level plans shall be provided to illustrate the dimensions and allocation of visitor and resident parking spaces, and the ramp slopes leading to the underground parking garage and parking levels, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and to provide details respecting the number of bicycle parking spaces;

m.  the Owner agrees to the following matters to be secured to the satisfaction of the City at Site Plan:

i.  the materiality and articulation of the proposed building, including the material selection and window proportion, to ensure consistency with the Forest Hill Urban Design Guidelines and an appropriate relationship to the building to the north at 404 Spadina Road;

ii.  the materiality of all railings;

iii.  the cladding of the mechanical penthouse;

iv.  a landscape plan showing appropriate street furniture along Montclair Avenue and treatment of the corner at Montclair and Spadina Road; and

v.  an evaluation of the potential curb bump out at the corner of Montclair Avenue and Spadina Road; and

n. the Owner agrees to enter into an Agreement pursuant to Section 37 of the Planning Act to the satisfaction of the City Solicitor as follows:

i. prior to the issuance of the first above-grade building permit the Owner shall provide a contribution in the amount of $ 170,000.00 to be used towards parks, streetscape improvements and community infrastructure to be directed towards the local community;

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

iii. in the event the cash contribution referred to in Part n.i. above has not been used for the intended purpose within three (3) years of this By-law 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 Toronto's Official Plan and will benefit the local community.

3.  City Council authorize the City Solicitor and other appropriate staff to attend the Ontario Municipal Board hearing in support of the Zoning By-law Amendment Application for 390-398 Spadina Road, as described in Parts 1 and 2 above and City Council request that the Ontario Municipal Board withhold its Order on the Zoning By-law Amendment until such a time as the Board has been advised by the City Solicitor that the proposed Zoning By-law Amendments are in a form satisfactory to the City.

The balance of Confidential Attachment 1 to the report (March 19, 2018) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.

Confidential Appendices A and B to the report (March 19, 2018) from the City Solicitor are now public and can be accessed under Background Information (City Council).  The communication (March 26, 2018) from David Bronskill, Goodmans LLP is now public and can be accessed under Background Information (City Council).