CORRECTION NOTICE

OLT CASE NO(S).:

OLT-23-000427

DECISION ISSUE DATE(S):

November 02, 2023

CORRECTION NOTICE ISSUE DATE:

November 06, 2023

RE: DR (Markham) Inc. v. Markham (City)

Correction to: The Request for an addition of a Party to the Appearances section

Originally:

Corrected to:

APPEARANCES:

Parties Counsel

DRC (Markham) Inc. Paul DeMelo

Kristie Stitt

City of Markham Maggie Cheung-Madar

APPEARANCES:

Parties Counsel

DRC (Markham) Inc. Paul DeMelo

Kristie Stitt

City of Markham Maggie Cheung-Madar

Ari Dianat Andrew Jeanrie

"Euken Lui"

Ontario Land Tribunal

EUKEN LUI REGISTRAR

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.

ISSUE DATE:

November 02, 2023

CASE NO(S).:

OLT-23-000427

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant:

DRC (Markham) Inc.

Subject:

Request to amend the Official Plan – Failure to adopt the requested amendment

Description:

Propose to develop a mix-used building with two 40 storey towers and nine townhouse units.

Reference Number:

Plan 22 253004

Property Address:

8127-8149 Yonge Street

Municipality/UT:

Markham/York

OLT Case No:

OLT-23-000427

OLT Lead Case No:

OLT-23-000427

OLT Case Name:

DR (Markham) 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:

DRC (Markham) Inc.

Subject:

Application to amend the Zoning By-law – neglect to make a decision

Reference Number:

Plan 22 253004

Property Address:

8127-8149 Yonge Street

Municipality/UT:

Markham/York

OLT Case No:

OLT-23-000428

OLT Lead Case No:

OLT-23-000427

Heard:

August 11, 2023 by Video Hearing

APPEARANCES:

Parties

Counsel

DRC (Markham) Inc.

Paul DeMelo Kristie Stitt

City of Markham

Maggie Cheung-Madar

MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON AUGUST 11, 2023 AND ORDER OF THE TRIBUNAL

1The matter before the Ontario Land Tribunal (the "Tribunal"), was with respect to the appeals of the non-decision of the City of Markham (the "City") regarding Applications to amend the Zoning By-law ("ZBL") and Official Plan.

2The Applications would facilitate the development of a mix-used building with two 40 storey towers and nine townhouse units.

3The Official Plan Amendment to the City of Markham would permit the proposed uses, site density, and building height. The Zoning By-law Amendment to ZBL No. 2150 and ZBL No. 177-96 would permit the proposed uses, and establish site specific provisions such as increased site density, building height, yard setbacks, and parking rates.

4City Council failed to make a decision within the statutory timeframe.

5The purpose of the Case Management Conference (the "CMC") was to receive Status updates from all Parties to organize the Hearing of these appeals.

6The Tribunal received an Affidavit of Service sworn by Fredric N. Cheng and is marked as Exhibit 1.

7The Tribunal received a request for Party Status from Ali Dianat, an abutting land owner. The Tribunal further received a Participant Request from Henry Lamb.

8The Parties were canvassed, and no objections were presented.

9The Tribunal granted Party Status to Mr. Dianat, and Participant Status to Mr. Lamb.

10The Tribunal heard that the Parties are seeking an additional CMC to further review the file, and possibly open discussions.

11The Tribunal requests that the Parties provide an Issues List ten (10) days prior to the next CMC.

12The Tribunal hereby schedules a further CMC of these appeals commencing on

Wednesday, January 24, 2024, at 10 a.m.

13On that date, Parties 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.

14The CMC is scheduled to proceed by Video Hearing as follows:

GoToMeeting: https://global.gotomeeting.com/join/687587165

Access Code: 687-587-165

15Persons 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 as indicated above.

16Parties 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

17Individuals 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.

18No further notice will be given.

19The Member is not seized.

"Carmine Tucci"

CARMINE TUCCI

MEMBER

Ontario Land Tribunal

Website: www.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.