Item - 2023.CC5.33

City Council on March 29, 30 and 31, 2023, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 14, 2023) from the City Solicitor, as amended by Motion 1 by Councillor Gary Crawford.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (March 14, 2023) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (March 14, 2023) from the City Solicitor remain confidential, as it contains advice that is subject to solicitor-client privilege and information regarding potential litigation.

The confidential instructions to staff in Confidential Attachment 1 to the report (March 14, 2023) from the City Solicitor, as amended by Motion 1 by Councillor Gary Crawford, were adopted by City Council and are now public as follows:

1. City Council continue to direct the City Solicitor, together with appropriate staff and/or external consultants as may be appropriate, to attend the Ontario Land Tribunal hearing to oppose the applicant's appeals respecting the Official Plan Amendment application (Application 20 158264 ESC 20 OZ) and Zoning By-law Amendment application (Application 20 224755 ESC 20 OZ) for the lands at 1891 Eglinton Avenue East.

2. City Council direct the City Solicitor to continue to request that the owner of the subject lands address the preliminary issues related to infrastructure required to support the anticipated growth in the overall context of the Golden Mile Secondary Plan area, including streets, density, servicing, parks, and community service facilities which are to be assessed comprehensively, including coordination with other Golden Mile Secondary Plan area landowners.

3. City Council authorize the City Solicitor and appropriate City Staff to request the Ontario Land Tribunal that any approved Zoning By-law Amendment for all or part of the lands known municipally as 1891 Eglinton Avenue East contain a Holding ("H") By-law pursuant to Section 36 of the Planning Act, for any matters deemed appropriate by the Chief Planner and Executive Director, City Planning which are identified in the Official Plan, including available capacity in the Bermondsey trunk sewer (the "Trunk Sewer") to accommodate the approved development, acceptable and satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, with the form and content of such a Holding ("H") By­law to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

4. In the event the Ontario Land Tribunal allows the appeal of the Official Plan Amendment and/or Zoning By-law Amendment, in whole or in part, City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Official Plan Amendment and Zoning By-law Amendment until such time as the  Ontario Land Tribunal has been advised by the City Solicitor that:

a. the proposed Official Plan Amendments are in a final content and form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. the proposed Zoning By-law Amendments are in a final content and form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; and

c. the owner has, at its sole cost and expense:

i. submitted a revised Functional Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report ("Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

ii. has secured the design and provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

iii. implemented the accepted Engineering Reports does not require changes to the proposed amending By-laws or any required changes have been made to the proposed amending By-laws to the satisfaction of the Chief Planner, City Planning and the City Solicitor, including the use of a Holding ("H") By-law symbol regarding any new or upgrades to existing municipal servicing infrastructure as may be required.

5. City Council direct the City Solicitor to engage in mediation should the applicant agree to adjourn the existing hearing dates and report back to City Council on the outcome of the mediation on or before the July 19, 2023 meeting of City Council.

6. City Council authorize the City Solicitor and appropriate City staff to take all necessary actions to implement City Council's decision.

The balance of Confidential Attachment 1 to the report (March 14, 2023) 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.