MINUTES OF SEEFLEMENT
THIS AGREEMENT is dated with effect this
5th
day of December, 2016,
BETWEEN
MLYM INC.
(“MIS)
Of the first part
-
and
-
YORK MILLS-LESLIE RESIDENTS ASSOCIATION INC.
(“YMLRA”)
Of the second part
-andDON MILLS RESIDENTS INC.
(“DMRI”)
Of the third part
RECITALS:
A.
MLYM is the registered owner of the lands and premises at the northwest corner of
Leslie Street and York Mills Road, Toronto, Ontario, municipally known as 740 and 750
York Mills road and 17 Farmstead Road, and legally described in Schedule “A” attached
hereto (the “Site”).
B.
MLYM intends to infill the Site with not more than 192 3 ‘/2 storey stacked townhouse
units substantially in accordance with the revised by-law map attached hereto as Schedule
“C” (the “MLYM Project”). The final height of which will be secured in the final
zoning by-law at structures of no more than 3 and V2 storey stacked townhouses.
C.
The YMLRA is a residents association that was incorporated in 2015 to represent the
interests of residents approximately bounded by Highway 401, York Mills Road, Leslie
.4
-7-
Street, Banbwy Road and the north part of Bannatyne Drive. The YMLRA is also allied
with the Don Mills Residents Inc.
D.
The Divifil is a residents association that was incorporated to represent the interests of
residents approximately bounded by York Mills Road, the Don Valley Parkway, Eglinton
Avenue East and the Don River.
E.
MLYM appealed to the Ontario Municipal Board under subsection 34(11) of the
Planning Act, R.S.O. 1990, c. P. 13, as amended, with respect to its application to permit
the LYM Project (the “MLflI Appeal”)
F.
The YIvThRA and DMRI have, to date, opposed the MLYM Project.
G.
MLYM, YMLRA and DMRI (collectively the “Parties” and individually a “Party”)
have reached a settlement in respect of the MEYM Project on the terms set out herein.
NOW THEREFORE, in consideration of the sum of S2.00 and other good and valuable
consideration the receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
1. The recitals to these Minutes of Settlement are true and correct.
2. MLYM agrees to proceed to the Ontario Municipal Board hearing on January 10, 2016
substantially in accordance with the site plan attached as Schedule “B” to this Agreement
and the draft zoning by-law map attached as Schedule “C” to this Agreement.
3. The Parties acknowledge that MLYM will dedicate an on-site park at the southwest
corner of the Site as depicted in dark green on the site plan attached as Schedule “B” to
this agreement. The parties acknowledge that IvThYM agrees to designate the lands
shown in hatched light green on the attached Schedule “B” as a Privately Owned Publicly
Accessible Space (POPS) with easements for public access granted to the City in
perpetuity. The lands shown in hatched light green on Schedule “B” will be used for
temporary parking during construction of the IvIYM Project. The easements for public
access over the POPS and/or the dedication of that land will be granted in favour of the
City following the completion of construction. IvthYM agrees to landscape the area used
for temporary parking upon completion of construction. The landscape design and
requirements shall be determined through the site plan application process.
4. YMLRA and DIvRI agree not to oppose the MLYM Project and each agree to sign and
send a copy of the attached letters hereto as Schedules “D” and “E” to the Ciw Clerk
with a copy to the local councillor immediately following the execution of these Minutes
of Settlement. YIvThRA and DMRI agree to attend at the Ontario Municipal Board
Hearing on January 10, 2016 and not to oppose the IvThYM Project.
.4.
-35. The signed letters referenced in paragraph number 3 above, shall be submitted by IvffiYM
as ethibits at the Ontario Municipal Board’s hearing of the MLYM Appeal.
6. YMLRA and DMRI agree to not either directly or through any agent, object to or oppose
any applications by MLYM to the City Toronto, including any minor variance
applications or development approvals, provided that the primary purpose of the same is
to facilitate the proposal, maintain the intent of and are minor in nature, and are
substantially consistent with the proposal as set out in Schedules “B” and “C” and in
particular that the number of townhouses does not exceed 192.
7. MLYM agrees to work with YMLRA and DIvll{I on a Construction Management Plan in
regards to issues related to construction traffic, construction working hours, dust
mitigation and the temporary parking at the south of the MLYM Site, will generally
avoid outside construction-related work on Saturdays and IvthYM agrees not to seek the
closure of a traffic lane on Fannstead Rd. for the duration of the construction on the
understanding that intermittent closures may be required from time to time.
8. Concurrent with any submission or submissions to the City, MLYM shall provide copies
of the Site Plan Approval drawings and any revisions thereto, to YIvthRA and DIvffiJ for
their review and comment.
9. The terms of these Minutes of Settlement shall be confidential between the Parties and
shall not be disclosed to anyone else, except as may be necessary to effectuate its terms
until endorsed by City Council and approved by the 0MB. Notwithstanding the
preceding, Dlvll{I and YMLRA may communicate with their membership after the City
signs off on these proposed changes as per the Minutes of Settlement between MLYM
INC. and DMRI and YMLRA to indicate that they have reached an agreement with
MLYM to reduce the number of the originally proposed 260 townhouse units to 192 and
that there will be no opposition at the 0MB from either DMRJ and YMLRA.
10. The Parties agree that each will be responsible for its own costs.
11. These Minutes of Settlement shall be binding on and shall enure to the benefit of the
Parties hereto and their respective heirs, beneficiaries, affiliates, successors, assigns and
successors in title.
12. These Minutes of Settlement shall be governed by and construed in accordance with the
laws of Ontario.
.4
j
-413. The Minutes of Settlement may be executed in counterparts and exchanged
electronically, and if so executed, shall be read together as if executed as one original
document.
.4
-5IN WITNESS WHEREOF the parties hereto have executed this Agreement.
MLYM Inc.
Per:
t_- -_—_L_
Inc.
I have authority to bipd the Corporation.
Per:
I have the authority to bind the Corporation
YORK MILLS-LESLIE RESIDENTS
ASSOCIATION INC.
-
Per:
Name: torn Weinberger
I have authority to bind the Corporation.
DON MILLS RESIDENTS INC.
4
Per:
La
Name: Brian Story
I have the authority to bind the Corporation.
N
-6SCHEDULE “A”
Description of the MLYM Site
BLK PL 8094 NORTH YORK SIT NY592960, NY450130E, NY543633, TR7 1885; TORONTO
(N YORK), CITY OF TORONTO [being all of PIN 10093-0440(LT)]
-4
-7SCHEDULE “B”
MLYM Site Plan
C-
Ti, liii
LELE & YORXMILIS
a
-8SCflEDULE “C”
IThY14i Revised By-law Map
FARMSTEAD ROAD
/
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C,)
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-4
YORKMILLS
/
ROAD
ftt = :aI
DIAGRAM 1
Zoning By-law Amendment
740 & 750 York Mills Road & 17 Fannstead Road
City of Toronto
Area affected by this by-law
-9-
W
DIAGRAM 2
Zoning By-law Amendment
740 & 750 Yorlc Mills Road & 17 Farmstead Road
City of Toronto
Area affected by this by-law
Area of Paflcland Dedication
Area d Pnvatejj Ow-ed RstlcIy
Azessitla Open S;ace
=
F
I
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10-
FARM$TEAD ROAD
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CD
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—H
YORK MIL
SCHEDULE 1
Zoning By-law Amendment
740 & 750 York MlIs Road & 17 Farmztead
Road
City of Toronto
LS ROAD
ta,
Aiea affected by this by-law
0
—11—
SCHEDULE RM6(X)
Zoning By-law Amendment
740 & 750 York MiUs Road & 11 Farm
nead Road
City of Toronto
To at
Area affected by this by-law
Area of Par$dand Deficaiion
?‘sea a? P’valely *nod Pub[:jy
AcessrUe Ope’ Space
=
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-
12-
SCHEDULE “U”
Draft Letter for YMLRA
December 5, 2016
North York Community Council
North York Civic Centre
5100 Yonge Street
North York, ON M2N 5V7
Attention:
Ms. Francine Adamo, Secretariat
Dear Chair and Members of Community Cou
ncil:
Re:
740 and 750 YORK MILLS ROAD AN
D 17 FARMSTEAD ROAD
Please be advised that we no longer opp
ose the application for a Zoning By-law
Amendment for
the properties municipally known as 740 and
750 York Mills Road, as revised as per
the Minutes
of Settlement between MLYM, DMRI and
YMLRA. We have been involved in
the appeal
process, including reviewing the applica
nt’s revised site plan and draft zon
ing
by-law
amendment date&aeb,jie
ve the revised plan is acceptable. Please accept this
letter as our
formal statement regardingte application
.
Yours very truly,
r
York Mills-Leslie Residents Association Inc.
Cc:
Councillor Jaye Robinson
Ms. Ellen Penner, City Solicitor
Mr. John Andreevski, Senior Planner
Mr. Adam Brown, solicitor for MLYM Inc.
-13SCHEDULE “D”
Draft Letter for DMRI
December 5, 2016
North York Community Council
North York Civic Centre
5100 Yonge Street
North York, ON M2N 5V7
Attention:
Ms. Francine Adamo, Secretariat
Dear Chair and Members of Community Cou
ncil:
Re:
740 and 750 YORK MILLS ROAD AND
17 FARMSTEAD ROAD- Letter
Please be advised that we no longer oppose the
application for a Zoning By-law Amendm
ent for
the properties municipally known as 740 and
750 York Mills Road, as revised, as per
the
Minutes of Settlement between MLYM, DA’RJ
and YMLRA. We have been involved in
the
appeal process, including reviewing the applicant
’s revised site plan and draft zoning by-la
w
amendment dated “c-ffle believe the revised
plan is acceptable. Please accept this lette
r as our
formal statement regarâing the application.
Yours very truly
%cc%tJ
.Lzr
Don Mills Residents Inc.
Cc:
Councillor Jaye Robinson
Ms. Ellen Penner, City Solicitor
Mr. John Andreevski, Senior Planner
Mr. Adam Brown, solicitor for MLYM Inc.