Mark Schollen

The applicant appealed the City of Markham's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan Approval to permit a high-density residential development.

The City opposed the development, raising concerns about shadow impacts on adjacent parklands, park grading, the lack of affordable housing, and the adequacy of the unit mix.

The Tribunal allowed the appeals, finding that the shadow impacts were minimal, the park grading was acceptable, and there was no statutory or policy requirement to mandate affordable housing on a site-specific basis.

The Tribunal also found the proposed unit mix to be adequate and transit-supportive.

The applicant brought a Motion for Directions under s. 34(10.5) of the Planning Act, seeking a declaration that its zoning by-law amendment application was complete and that the City's requirements for additional studies were unreasonable.

The subject property contains a natural heritage system, including a creek and flood hazard.

The City and the Toronto and Region Conservation Authority required extensive studies to determine the developable area and assess natural hazards.

The Tribunal found that the City's requirements, as set out in its Official Plan, were reasonable and necessary given the site's conditions.

The motion was dismissed.