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Toronto City Council · 2023-03-29 · 2023.CC5.20

The filed record

36-48 Steeles Avenue East and 37-49 Highland Park Boulevard (City of Markham) - Ontario Land Tribunal Hearing - Request for Directions

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The decision

2023-03-29 · Toronto City Council · adopted

As filed

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 17, 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 (March 17, 2023) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (March 17, 2023) from the City Solicitor remain confidential, as it contains advice that is subject to solicitor-client privilege and litigation privilege.

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The confidential instructions to staff in Confidential Attachment 1 to the report (March 17, 2023) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council confirm the actions of the City Solicitor in seeking party status before the Ontario Land Tribunal in the appeal of 36-48 Steeles Avenue East and 37­49 Highland Park Boulevard, in the City of Markham, and City Council direct the City Solicitor, together with City staff, to attend the Ontario Land Tribunal hearing to ensure that the City's interests are protected with respect to the Proposed Development as set out below: a. adequately addresses the City of Toronto's concerns with the proposed widening of the Steeles Avenue East Right of Way to the satisfaction of the Chief Planner and Executive Director, City Planning; and b. adequately addresses the City of Toronto's concerns regarding infrastructure capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, including the authority to enter into any necessary agreements to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and the City Solicitor. 2. City Council authorize the City Solicitor to oppose the Proposed Development in the event that the two issues listed above are not satisfied. 3. City Council authorize the City Solicitor to continue discussions with the applicant in an attempt to resolve outstanding issues. 4. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision. The balance of Confidential Attachment 1 to the report (March 17, 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 and litigation privilege.

On the agenda

As the city filed it

On March 5, 2019, the City of Markham received applications for an Official Plan and Zoning By-law Amendment to permit the development of 27- and 6-storey residential buildings on the lands located at 36, 38, 40, 42, 44, 46, 48 Steeles Avenue East and 37, 39, 41, 43, 45, 47, 49 Highland Park Boulevard ("Proposed Development"). The applicant has appealed the City of Markham's failure to make a decision on the Proposed Development to the Ontario Land Tribunal.

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The Ontario Land Tribunal held the first Case Management Conference on February 6, 2023, at which the City of Toronto was granted party status. A hearing is scheduled for November 6, 2023, for which the City Solicitor requires instructions. The subject site is comprised of fourteen (14) parcels of land municipally addressed as 36-48 Steeles Avenue East and 37-49 Highland Park Boulevard located within the City of Markham. The site is located on the north side of Steeles Avenue East, which is a City of Toronto road.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor, if adopted by City Council. 3. City Council direct that all other information contained in Confidential

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Attachment 1 to this report from the City Solicitor is to remain confidential, as it contains advice which is subject to solicitor-client privilege and litigation privilege.

    On the record

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