Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 19, 2022
CASE NO(S).: PL200381
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: OnePiece Ideal (MS) Developments Inc.
Subject: Request to amend the Official Plan - Refusal of request by the City of Markham
Existing Designation: “Community Amenity Area – Major Urban Place”, “Open Space” and “Open Space – Environmentally Significant”, in accordance with Official Plan Amendment No. 21 (OPA 21, the Markham Centre Secondary Plan)
Proposed Designated: An Official Plan Amendment to allow for an increase in the maximum permitted building height from 33-storeys to 47-storeys and to delete the permissions for below grade parking beneath a portion of the Phase 1 lands designated “Open Space”
Purpose: To permit the development of a 47-storey mixed-use residential building with ground floor retail containing 362 residential uses, including 9-storeys of above grade parking, on the Phase 1 lands (the western parcel)
Property Address/Description: 28 Main Street, Unionville
Municipality: City of Markham
Approval Authority File No.: 19-142690
OLT Case No.: PL200381
OLT File No.: PL200381
OLT Case Name: OnePiece Ideal (MS) Developments Inc. v. Markham (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: OnePiece Ideal (MS) Developments Inc.
Subject: Application to amend Site-Specific Zoning By-law No. 2018-134 - Refusal of Application by the City of Markham
Existing Zoning: “Markham Centre Downtown Two 28 (Hold) (MC-D228[H])”, “Markham Centre Public Space 29 (MC- PS129)”, “Markham Centre Public Space One (MC-PS1)” and “Markham Centre Public Space Two (MC- PS2)”
Proposed Zoning: To amend a portion of the subject site from “Markham Centre Public Space One *29 (MC-PS1 *29)” to “Markham Centre Public Space One (MC-PS1)”, as well as to amend certain site-specific development standards, including the maximum building height and setbacks, deleting subsection 6.29 (*29), which allowed for parking beneath the west park block, and amending the definition of “storey” for the purposes of applying, building standards
Purpose: To permit the development of a 47-storey mixed-use residential building with ground floor retail containing 362 residential uses, including 9-storeys of above grade parking, on the Phase 1 lands (the western parcel)
Property Address/Description: 28 Main Street, Unionville
Municipality: City of Markham
Municipality File No.: 19-142690
OLT Case No.: PL200381
OLT File No.: PL200382
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Referred By: OnePiece Ideal (MS) Developments Inc.
Subject: Site Plan
Property Address/Description: 28 Main Street, Unionville
Municipality: City of Markham
OLT Case No.: PL200381
OLT File No.: PL200383
Heard: November 23 to 24, 2021 by video hearing (“VH”)
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| OnePiece Ideal (MS) Development Inc. (“Applicant/Appellant”) | J. Park*, A. Frank* and O. Rasekhi* |
| City of Markham (“City”) | P. Patterson* and V. Chai* |
| Amica (Unionville) Inc. (“Amica”) and Rockport Unionville Inc. (“Rockport”) | D. Bronskill* |
| York Region District School Board | B. Sully* |
| Unionville Residents Association (“Association”) | R. Tranquada and P. Miasek |
MEMORANDUM OF ORAL DECISION DELIVERED BY N.P. ROBINSON ON NOVEMBER 23, 2021 AND ORDER OF THE TRIBUNAL
OVERVIEW
1The within matter involves Official Plan Amendment (“OPA”), Zoning By-law Amendment (“ZBA”) and Site Plan applications filed by the Applicant/Appellant to permit the development of a mixed-use residential development, which will be located at 28 Main Street (“Subject Property”) in the City.
2The Tribunal was tasked with conducting a case management conference (“CMC”), which included adjudicating a request for party status received from the York Region District School Board (“School Board”). The School Board expressed concerns over the Subject Property’s site lines and shadows that would be cast.
3The School Board was granted party status after the Tribunal determined that it has an interest in the proceedings and the extant parties consented.
4The Tribunal was also tasked with adjudicating a motion to modify the subject applications of the appeal to include both the West Parcel and East Parcel and include a concept development proposal, comprising three towers, for the West Parcel and East Parcel.
5The Tribunal is satisfied that the proposed modifications to the subject applications and Appeals, being the inclusion of both the West and East Parcel of the subject property and the corresponding inclusion of a three-tower development proposal for both parcels, maintain the essential nature or character of the original application, and that any requisite public notice respecting the modifications has been served by the Applicant/Appellant.
6The Tribunal was informed that the City had requested additional technical and engineering disclosures including, but not limited to, traffic studies and other information. It was anticipated that this information would be disclosed in December and that further case management would be required.
7The Tribunal directed that the Applicant/Appellant circulate the supporting materials regarding the concept development proposal to all parties by December 10, 2021.
8The Tribunal further directed that the Parties exchange draft Procedural Orders on or before Tuesday, February 1, 2022 and, in the event that there is no agreement, questions surrounding the contents of the Procedural Order may be spoken to at a further CMC to occur on Thursday, February 24, 2022 at 10 a.m. by video.
9The Tribunal directed that the matter be set for hearing from Monday, December 5, 2022 to Thursday, December 15, 2022.
HEARING CALL-IN DETAILS
10The hearings are scheduled to proceed by video as follows:
Thursday, February 24, 2022 at 10 a.m.
GoTo Meeting: https://global.gotomeeting.com/join/506934405
Access code: 506-934-405
Audio-only telephone line: (Toll Free) 1 (888) 299-1889, +1 (647) 497-9373
Audio-only access code: same as indicated above.
Monday, December 5 to Thursday, December 15, 2022 at 10 a.m.
GoTo Meeting: https://global.gotomeeting.com/join/239634717
Access code: 239-634-717
Audio-only telephone line: (Toll Free) 1 (888) 299-1889, +1 (647) 497-9373
Audio-only access code: same as indicated above.
11Parties 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.
12Parties 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
13Persons 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.
14Individuals 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 events may be directed to the Tribunal’s Case Coordinator having carriage of this case.
15Accordingly, the Tribunal Orders that, on consent of all parties and pursuant to s. 17(50), 34(26) and 41(12.1) of the Planning Act, the subject applications and appeals are hereby modified as follows:
to include both the West Parcel and East Parcel of the subject property, and;
to include the concept development proposal, attached herein as Schedule 1, comprising a three-tower development concept plan for both the West Parcel and East Parcel.
16There will be no further notice.
17The Member is not seized for the purpose of the Hearing.
“N.P. Robinson”
N.P. ROBINSON
VICE-CHAIR
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.