Item - 2024.CC16.13

City Council on March 20, and 21, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 8, 2024) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (March 8, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (March 8, 2024) 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 (March 8, 2024) from the City Solicitor were adopted by City Council and are now public, as follows:

1. City Council accept the with prejudice settlement offer dated March 6, 2024 in Public Appendix A to the report (March 8, 2024) from the City Solicitor and the revised plans substantially in accordance with Schedule A to the settlement offer as may be acceptable and satisfactory to the Chief Planner and Executive Director, City Planning (the "Settlement Proposal"), attached to the report (March 8, 2024) from the City Solicitor for the lands municipally known as 181-191 Eglinton Avenue East (the "Site"), subject to Parts 2 to 3 below.

2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing on this matter in support of the revised development proposal generally described in the settlement offer and the revised plans substantially in accordance with Public Appendix A to the report (March 8, 2024) from the City Solicitor.

3. 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 draft zoning by-law is to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the Applicant has entered into a Limiting Distance Agreement to secure the separation distance for the proposed towers located at 181 Eglinton Avenue East and 191 Eglinton Avenue East, to the satisfaction of the City Solicitor;

c. 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 and the General Manager, Toronto Water;

d. 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;

e. the Applicant has explored the potential to secure 5,000 to 10,000 square feet (465 square metres to 929 square metres) of visible and accessible community space on the ground floor of the subject site for human service and/or community agencies to the satisfaction of the Director, Strategic Initiatives, Policy and Analysis; and

f. the Applicant has provided revised statistics for the Settlement Plans showing a minimum percentage of 2- and 3-bedroom units in accordance with Official Plan Amendment 405, to the satisfaction of the Chief Planner and Executive Director, City Planning.

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 (March 8, 2024) 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 (March 8, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.