Item - 2011.MM5.12

Tracking Status

  • City Council adopted this item on March 8, 2011 without amendments.

MM5.12 - 2900 Steeles Avenue East at Don Mills Road in the Town of Markham - Request for Directions - by Councillor David Shiner, seconded by Councillor Maria Augimeri

Decision Type:
ACTION
Status:
Adopted

City Council Decision

City Council on March 8 and 9, 2011 adopted the following:

 

1.         City Council receive the report (March 8, 2011) from the City Solicitor.

 

2.         City Council adopt the confidential instructions to staff contained in Confidential Attachment 2 from Councillor Shiner.

 

3.         City Council release the confidential instructions to staff upon adoption by Council and Confidential Attachment 1 to the report (March 8, 2011) from the City Solicitor remain confidential in its entirety due to litigation and solicitor client privilege.

 

The following instructions contained in Confidential Attachment 2 from Councillor Shiner were adopted by City Council and are now public:

 

1.         City Council amend its position to be generally in accordance with the Town of Markham planning staff recommendation of March 2010 where they recommended 1000 units and 1.5 times density with the residential development spread across the entire site.

 

2.         City Council's position is that the high rise towers along Steeles Avenue East should be reduced and include a 5 metre setback from Steeles Avenue, a 2 storey podium to minimize the impact on the street and buildings no taller than 6 storeys unless the top floors are stepped further back.

 

3.         To protect the City's interests, City Council instruct the City Solicitor to take legal proceedings to set aside the OMB's decision to re-commence the hearing on April 7, 2011.

 

4.         City Council direct the City Solicitor to advise Town of Markham Council that Toronto City Council, in consultation with City of Toronto Planning and the Toronto City Councillor representing the residents on the south side of Steeles, are willing to work with the Town of Markham in finding a reasonable resolution regarding this development.

 

5.         City Council direct the Chief Planner and Executive Director of City Planning to review and report to the next meeting of City Council on the Markham settlement proposal and how the new City Council position relates to it.

 

6.         City Council request the City Solicitor to report to City Council on ways and means that Toronto can proceed in the future to protect its rights under the 1974 agreement with York Region.

 

Confidential Attachment 1 to the report (March 8, 2011) from the City Solicitor remains confidential in its entirety, in accordance with the provisions of the City of Toronto Act, 2006, as it relates to litigation or potential litigation that affects the City or one of its agencies, boards and commissions, and it contains advice and communications that are subject to solicitor-client privilege.

City Council Decision Advice and Other Information

City Council recessed its public session and met as Committee of the Whole in closed session on March 8, 2011, and considered confidential information on this Item as it deals with the litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board and advice or communications that are subject to solicitor-client privilege.

Confidential Attachment - Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board and solicitor client privilege

Background Information (City Council)

Member Motion MM5.12
https://www.toronto.ca/legdocs/mmis/2011/mm/bgrd/backgroundfile-36556.pdf
(March 8, 2011) Report from City Solicitor on 2900 Steeles Avenue East at Don Mills Road in the Town of Markham - Official Plan Amendment and Zoning By-law Appeals - Request for Direction
https://www.toronto.ca/legdocs/mmis/2011/mm/bgrd/backgroundfile-36539.pdf
(March 8, 2011) Confidential Attachment 1
Confidential Attachment 2 - Confidential Instructions recommended by Councillor Shiner
(March 8, 2011) Article from Yorkregion.com entitled, "Markham, developer could battle Toronto"

Communications (City Council)

(March 8, 2011) Letter from John Mascarin, Aird & Berlis, submitted by Councillor David Shiner (MM.New.MM5.12.1)

Motions (City Council)

Motion to Introduce Motion without Notice (Carried)

Speaker Nunziata advised Council that she had granted her consent to Councillor Shiner to seek leave of Council to add this Motion to the agenda.

Vote (Introduce Motion without Notice) Mar-08-2011 10:07 AM

Result: Carried Two-Thirds full Council Required - Add urgent motion - by Councillor Shiner
Total members that voted Yes: 41 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 4 Members that were absent are Mark Grimes, Ron Moeser, John Parker, Jaye Robinson

Report of Committee of the Whole

Speaker Nunziata advised that City Council had completed its closed meeting consideration of this Item and that City Council had debated, but did not consider any motions on this Item.


Motion to Adopt Item (Carried)

Vote (Adopt Item) Mar-08-2011 7:02 PM

Result: Carried Majority Required - MM5.12 - adopt the item
Total members that voted Yes: 39 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, David Shiner, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 6 Members that were absent are Paula Fletcher, Pam McConnell, Denzil Minnan-Wong, Ron Moeser, Jaye Robinson, Karen Stintz
Source: Toronto City Clerk at www.toronto.ca/council