Item - 2022.CC42.8

City Council on April 6 and 7, 2022 adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 28, 2022) 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 28, 2022) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (March 28, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

4. City Council authorize the public release of Confidential Attachment 2 to the report (March 28, 2022) from the City Solicitor.

The confidential instructions to staff in Confidential Attachment 1 to the report (March 28, 2022) from the City Solicitor, were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice settlement offer, attached to the report (March 28, 2022)  from the City Solicitor as Confidential Attachment 2 (the "Settlement Offer"), in respect of the appeal of the Zoning By-law Amendment application (Application 20 159922 STE 11 OZ) subject to Part 3 below.

2. City Council direct the City Solicitor, together with the appropriate staff, to attend the Ontario Land Tribunal hearing in support of the Settlement Offer subject to Part 3 below.

3. City Council direct the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of any Order(s) for the development until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

a. the final form and content of the draft Zoning By-law Amendments are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, which includes the following provisions:

i. minimum parking rate of 0.09 spaces per 100 square metres of self-storage gross floor area; and

ii. minimum of two (2) Type B loading spaces on the lot;

b. the owner has resubmitted to the City for review and approval updated supporting information and reports, including a revised Urban Transportation Considerations Report, a revised Functional Servicing Report and a revised Stormwater Management Report, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the Chief Planner and Executive Director, City Planning;

c. the owner has made satisfactory arrangements with the Chief Engineer and Executive Director, Engineering and Construction Services for the design and construction of new infrastructure or any improvements to the existing municipal infrastructure, should it be determined in the Engineering Reports that new infrastructure and/or upgrades/improvements are required to the existing infrastructure, to support this development, and that the owner has entered into a financially secured agreement to pay for and construct any necessary municipal infrastructure, with any such agreement to be executed prior to the issuance of the first above-grade building permit; and

d. the owner has submitted a revised Noise and Vibration Feasibility Study, and the study has been peer reviewed by a third-party Noise and Vibration Consultant retained by the City of Toronto at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning.

4. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision.

Confidential Attachment 2 to the report (March 28, 2022) from the City Solicitor is now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (March 28, 2022) 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 28, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.