Item - 2023.CC13.21

City Council on December 13, 14 and 15, 2023, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 1, 2023) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (December 1, 2023) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (December 1, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (December 1, 2023) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the Zoning By-law Amendment application appeal for the lands at 181-191 Eglinton Avenue East, and to continue to work with the Applicant in an attempt to resolve outstanding issues.

2. City Council authorize the City Solicitor to request in the event that the Ontario Land Tribunal allows the appeal, in whole or in part, that the issuance of any final orders be withheld until such time as the City Solicitor advises that:

a. the final form and content of the Zoning By-laws are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the Applicant has provided confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the Chief Engineer and Executive Director, Engineering and Construction Services has determined that holding provisions are required in the Zoning By-law Amendment; and

c. the Applicant has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Zoning By-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review.

3. City Council authorize the City Solicitor and City staff to take any necessary steps to implement the decision of City Council.

The balance of Confidential Attachment 1 to the report (December 1, 2023) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (December 1, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.