Item - 2018.CC41.8

City Council on May 22, 23 and 24, 2018, adopted the following:

1.  City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (May 10, 2018) from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 and Confidential Appendix A to the report (May 10, 2018) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the report (May 10, 2018) from the City Solicitor remain confidential at the discretion of the City Solicitor.

3.  In the event that the Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of the any Order(s) on the Zoning By-law Amendment appeal for the subject lands pending confirmation of the adequacy of public school capacity to accommodate students generated from the development from the Director of Education, Toronto District School Board.

The confidential recommendations in Confidential Attachment 1 to the report (May 10, 2018) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the Without Prejudice Settlement Offer set out in Appendix A to Confidential Attachment 1 to the report (May 10, 2018) from the City Solicitor and City Council authorize the City Solicitor to execute Minutes of Settlement if necessary to give effect to a settlement.

2.  City Council authorize the City Solicitor and appropriate City staff to attend at the Local Planning Appeal Tribunal hearing in this matter in support of the settlement.

3.  City Council direct the City Solicitor and appropriate City staff to work with the applicant to finalize the elements of the settlement, including the Zoning By-law Amendments, in advance of the Local Planning Appeal Tribunal hearing, to the satisfaction of the Chief Planner and Executive Director, City Planning, in accordance with the Without Prejudice Settlement Offer set out in Appendix A to Confidential Attachment 1 to the report (May 10, 2018) from the City Solicitor 

4.  In the event that the Local Planning Appeal Tribunal allows the appeal, in whole or in part, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order(s) approving the Zoning By-law Amendments until such time as the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning and the owner, has provided draft by-laws to the Local Planning Appeal Tribunal in a form and content to the satisfaction of the Director, Community Planning, Toronto and East York District, which by-laws shall including a provision for reducing the permitted height at 50 Eglinton, and pending confirmation from the City Solicitor that the owner has entered into an Agreement under Section 37 of the Planning Act.

The balance of Confidential Attachment 1 to the report (May 10, 2018) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation or potential litigation that affects the city or one of its agencies or corporations and it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (May 10, 2018) from the City Solicitor will be made public at the discretion of the City Solicitor.

Confidential Appendix A to the report (May 10, 2018) from the City Solicitor is now public and can be accessed under Background Information (City Council).