Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 14, 2022
CASE NO(S).: OLT-22-003956
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Digram Developments Helen Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of a 10-storey residential building
Reference Number: PLAN 19 137397
Property Address: 55, 63 and 83 Helen Avenue
Municipality/UT: Markham/York
OLT Case No.: OLT-22-003956
OLT Lead Case No.: OLT-22-003956
OLT Case Name: Digram Developments Helen Inc. v. Markham (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Digram Developments Helen Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of a 10-storey residential building
Reference Number: SU/ZA 17 135415
Property Address: 55, 63 and 83 Helen Avenue
Municipality/UT: Markham/York
OLT Case No.: OLT-22-003957
OLT Lead Case No.: OLT-22-003956
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Digram Developments Helen Inc.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit the development of a 10-storey residential building
Reference Number: SU/ZA 17 135415
Property Address: 55, 63 and 83 Helen Avenue
Municipality/UT: Markham/York
OLT Case No.: OLT-22-003958
OLT Lead Case No.: OLT-22-003956
Heard: October 27, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Digram Developments Helen Inc. | Robert Miller, Hannah Ruby (Student-at-Law), Mark Flowers, in absentia |
| City of Markham | Maggie Cheung-Madar |
| Regional Municipality of York | Samantha Whalen |
MEMORANDUM OF ORAL DECISION DELIVERED BY C. HARDY ON OCTOBER 27, 2022 AND ORDER OF THE TRIBUNAL
1This Decision relates to an appeal brought pursuant to s. 22(7), s. 34(11) and s. 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”) from the failure of the City of Markham to make a decision within the statutory timeframes of the Act with respect to applications for an Official Plan Amendment, Zoning By-law Amendment and Plan of Subdivision. The appeal has been filed by Digram Developments Helen Inc. (“Appellant”) regarding lands located at 55, 63 and 83 Helen Avenue (“Subject Property”), in the City of Markham (“City”).
2The Subject Property is located east of Kennedy Road and north of Highway 407. It is approximately 1.18 hectares in size with a frontage of approximately 112 metres on Helen Avenue and approximately 23 metres on Greenberg Gate. The Subject Property currently contains three single detached dwellings and accessory structures.
3The Appellant intends to redevelop the Subject Property with a 10-storey high- residential building, an extension of Peshawar Avenue and a park block.
4On October 27, 2022, the Tribunal held its first Case Management Conference (“CMC”) at which it addressed procedural issues, the identification of Parties and Participants, an update on the status of the appeals and scheduling of a second CMC.
Procedural Matters
5The Tribunal canvassed the Parties regarding the consolidation of the appeals of File Nos. OLT-22-003956, OLT-22-003957 and OLT-22-003958 pursuant to Rule 16 of the Tribunal’s Rules of Practice and Procedure. The three appeals relate to the Subject Property, and it will be efficient and expedient to have the matters consolidated. The Parties consented and the Tribunal will accordingly make the appropriate order consolidating the three appeals.
6There were no issues with service of Notice for the CMC and as such, no further notice is required. The Tribunal was in receipt of the Affidavit of Service of Christina Fracassi dated October 12, 2022, which was marked as Exhibit 1 to this CMC.
Requests for Status
7Prior to the CMC, the Tribunal received a request for Party status from the Regional Municipality of York (“Region”).
8The Region submitted that it is a commenting agency for planning matters and decisions of the City and that it had provided comments to the City regarding the Appellant’s application. To ensure that the comments are addressed, the Region submitted that it is appropriate for the Region to participate fully as a Party in this appeal.
9None of the Parties objected to the Region having Party status. The Tribunal found that the Region’s participation as a Party is necessary to enable the Tribunal to adjudicate effectively and completely, and granted Party status as requested to the Region.
10There were no other individuals present at the CMC requesting Party status and the Tribunal did not receive any requests for Participant status.
Opportunities for Settlement
11The Appellant advised the Tribunal that the Parties have been engaged in meaningful discussions and have reached a settlement in principle. The Parties anticipate that documents will be finalized within one month of the CMC.
12The Parties jointly requested a second CMC to be scheduled which could be converted to a settlement hearing if a settlement is finalized.
Scheduling Second CMC
13The Parties jointly requested that the Tribunal schedule a second CMC during the week of December 12, 2022. The purpose of the second CMC is to either convert to a settlement hearing or discuss a draft Procedural Order (“PO”) and potentially set hearing dates.
14The Tribunal agreed that a second CMC was necessary in this case and directed that a second CMC is to be scheduled for December 14, 2022. The Parties agreed that they would notify the Tribunal in advance of the second CMC to request conversion to a settlement hearing if a settlement has been reached. In the event a settlement cannot be reached prior to the second CMC, the Parties will file a draft PO with the Tribunal and will attend prepared to set hearing dates.
15The Tribunal directed the Parties to provide a status update to the Tribunal’s Case Coordinator at least 14 days prior to the second CMC.
ORDER
16The Tribunal orders that the appeals of Case File Nos. OLT-22-003956, OLT-22-003957 and OLT-22-003958 are consolidated in accordance with Rule 16 of the Tribunal’s Rules of Practice and Procedure.
17The Tribunal orders that the Regional Municipality of York is a Party in this proceeding.
18The Tribunal directs the Parties to provide a status update to the Tribunal at least 14 days prior to the second Case Management Conference.
19The Tribunal orders that a second Case Management Conference in this matter will be held by video hearing on December 14, 2022 commencing at 10 a.m.:
20Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/519389173
Access Code: 519-389-173
21Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available:
https://app.gotomeeting.com/home.html
22Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is 519-389-173.
23Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
24The Member is not seized, however, will remain available for case management subject to the Tribunal’s calendar.
25No further notice will be given.
26This is the Order of the Tribunal.
“C. Hardy”
c. hardy
MEMBER
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.