Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: March 10, 2023

CASE NO(S).: OLT-22-002218 (Formerly 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 Description: 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) Reference Number: 19-142690 Property Address: 28 Main Street Unionville Municipality/UT: City of Markham/ Regional Municipality of York OLT Case No.: OLT-22-002218 Legacy Case No.: PL200381 OLT Lead Case No.: OLT-22-002218 Legacy Lead Case 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/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 Description: 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) Reference Number: 19-142690 Property Address: 28 Main Street Unionville Municipality/UT: City of Markham/ Regional Municipality of York OLT Case No.: OLT-22-002224 Legacy Case No.: PL200382 OLT Lead Case No.: OLT-22-002218 Legacy Lead Case No.: PL200381

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 Description: 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) Reference Number: SC 15119946 Property Address: 28 Main Street Unionville Municipality/UT: City of Markham/ Regional Municipality of York OLT Case No.: OLT-22-002226 Legacy Case No.: PL200383 OLT Lead Case No.: OLT-22-002218 Legacy Lead Case No.: PL200381

Heard: December 14, 2022 by video hearing

APPEARANCES:

Parties	Counsel/Representative*
OnePiece Ideal (MS) Developments Inc. ("OnePiece" or "Appellant")	J. Park, A. Frank
City of Markham ("City")	P. Patterson
Rockport (Unionville) Inc., Amica Unionville Inc. (collectively, "Rockport")	D. Bronskill
York Region District School Board ("YRDSB")	B. Sully
Unionville Residents Associations ("Association")	R. Tranquada*

MEMORANDUM OF ORAL DECISION DELIVERED BY WILLIAM R. MIDDLETON ON DECEMBER 14, 2022 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This matter proceeded as a settlement hearing on December 14, 2022 in a Video Hearing ("VH") convened by the Ontario Land Tribunal ("OLT" or "Tribunal").

2The materials before the Tribunal were the following:

(a) Minutes of Settlement between YRDSB and OnePiece, comprising 31 pages;

(b) Minutes of Settlement between Rockport and OnePiece, comprising 107 pages (delivered subsequent to the VH);

(c) Affidavit of Adam Layton, sworn December 5, 2022, comprising 113 pages (including exhibits);

(d) Appellant's Document Book, Volume 1 comprising 1338 pages;

(e) Appellant's Document Book, Volume 2 comprising 1159 pages;

(f) Appellant's Visual Evidence, comprising 51 pages; and

(g) Appellant's Visual Evidence Addendum, comprising 5 pages

3With the consent of all Parties, Adam Layton was qualified by the Tribunal to provide land use planning opinion evidence in support of the settlement proposal reached. Mr. Layton, in his Affidavit and his oral testimony, described the chronology of events related to this proceeding as follows:

a) He was retained by the OnePiece in 2019 to act as the "Applicant" for the proposed Official Plan and Zoning By-law Amendment, and Site Plan Control applications to facilitate the redevelopment of 28 Main Street Unionville in the City of Markham now owned by OnePiece (the 'Subject Property');

b) The Subject Property is located on the north side Enterprise Boulevard, west of Main Street Unionville and is municipally known as 28 Main Street Unionville, and legally described as 'Part of Lot 9, Concession 5, City of Markham'. The Subject Property possesses a total area of approximately 2.06 hectares (+/-5.08 acres), with a frontage of approximately 52 metres (171 feet) along Main Street Unionville, an aggregate frontage of 289 metres (948 feet) along Enterprise Boulevard, and 42 metres (138 feet) along Bill Crothers Drive;

c) The Subject Property is bisected by Bill Crothers Drive, creating two distinct parcels of land, which form the basis for development phasing – the East Parcel will form Phase 1, and the West Parcel will form Phase 2. The East Parcel possesses a lot area of 0.78 hectares (1.92 acres) with a frontage of approximately 167 metres (548 feet) along Enterprise Boulevard, 43 metres (141 feet) along Bill Crothers Drive, and 51 metres (167 feet) along Main Street Unionville. The West Parcel possesses a lot area of 1.28 hectares (3.16 acres) with a frontage of approximately 124 metres (406 feet) along Enterprise Boulevard and 39 metres (128 feet) along Bill Crothers Drive;

d) The Subject Property is currently vacant, with the exception of a woodlot which occupies an approximate area of 0.57 hectares along the western property boundary, adjacent to the rail corridor, and is abutted by the following uses:

i. North: Bill Crothers Secondary School, future development lands (approved for a 32-storey building), existing 9-storey Amica seniors residence (Phase 2 currently under construction)

ii. East: Main Street Unionville, commercial uses

iii. South: Enterprise Boulevard, future development lands (approved for a maximum of 1,350 residential units in buildings up to 44-storeys), future York University Campus (11-storey building, presently under construction)

iv. West: Rail corridor, future development lands

e) The Subject Property is located within an Urban Growth Centre, known as Markham Centre, as designated in the 'A Place to Grow: Growth Plan for the Greater Golden Horseshoe' and is also within the City of Markham Regional Centre according to the York Region Official Plan ("YROP"). There are several notable developments already completed or under construction immediately adjacent to the Subject Property, which establish the context of the lands as being within a rapidly urbanizing environment;

f) The redevelopment of the Subject Property was first proposed by a prior owner in 2012. Applications to amend the City of Markham Official Plan, the Markham Centre Secondary Plan, and the Markham Centre Zoning By-law were submitted contemplating three buildings with a total of 718 residential dwelling units. Two buildings were to be constructed on the eastern portion of the property, and a third building was to be constructed on the western portion of the property. The conveyance of public parkland and the existing woodlot along the western boundary of the property was to be provided. The proposed buildings increased in height from 9-storeys at the intersection of Enterprise Boulevard and Main Street Unionville, to 19-storeys on the east side of Bill Crothers Drive, and 25-storeys on the west side of Bill Crothers Drive;

g) The proposed Official Plan Amendment ("OPA") was approved by the City as OPA No. 219 on June 24, 2014 but was appealed to the Ontario Municipal Board ("OMB") by a third party as OMB Case Number PL140842. The Zoning By-law Amendment was withheld from approval pending the resolution of site details. Following the appeal, the property was purchased by the current owner, at which point the proposed development format was revised to two buildings containing 673 dwelling units and up to 1,700 square metres of non-residential floor area. The proposed parkland and woodlot conveyance on the West Parcel of the property remained consistent with the previous proposal. The West Parcel was proposed to be developed with a 33-storey building with a 3-level underground parking facility which would extend beneath the proposed parkland. The East Parcel was proposed to be developed with a 29-storey building. Additional private and public parkland was proposed at the intersection of Main Street Unionville and Enterprise Boulevard;

h) At its meeting on September 12, 2018, the Council for the City of Markham approved the implementing Zoning By-law Amendment as By-law No. 2018-134, and provided approval in principle of the Site Plan Control Application for the revised two-building concept for the subject property. The revised development proposal was presented to Local Planning Appeal Tribunal ("LPAT") as a settlement as part of a Hearing on December 10, 2018. In its decision issued on February 5, 2019, the Tribunal approved a modified form of OPA 219 such that it reflected the revised development proposal for two buildings. Subsequent to the 2019 LPAT Decision, revised applications for Official Plan and Zoning By-law Amendment were provided to the City of Markham on December 12, 2019, and deemed complete in January 2020. The revised applications proposed increased building heights, but no increase to the proposed unit count, in order to accommodate the proposed parking supply above grade as it was determined through more detailed technical analysis that it would not be feasible to construct the extent of the previously contemplated underground parking structures. Accordingly, it was proposed that the parking supply be relocated above grade within the proposed building podium;

i) At its meeting of July 14 and 16, 2021, Council for the City of Markham again considered the recommendations of Staff as initially proposed within the report dated May 11, 2020. The decision of Council was to not approve the proposed amendments to the Official Plan and Zoning By-law. The decision of Council was then appealed to the OLT. Following the appeal, the Appellant reached a settlement with the City, which contemplated a revised built form for both the East and West parcels (the "settlement proposal"). The settlement proposal contemplated a multi-phase, mixed-use development, with a built form consisting of three towers with heights of 37, 39, and 36 storeys (Towers A, B, and C, respectively), comprising two distinct buildings. The settlement with the City included a requirement for an international design competition to refine the architectural expression of the general massing provided in the settlement proposal. A design competition based on the settlement proposal took place over spring/summer 2022, with a winning option selected by an inter-disciplinary Jury including City Staff end external design experts, as well as input from members of City Council. The announcement of the winning design was provided by the City on August 31, 2022; and

j) The Appellant's development proposal seeks to construct three towers with heights of 37, 39, and 36 storeys (Towers A, B, and C, respectively), contained in two buildings (collectively "Development"). On the West Parcel, Towers A and B are connected by a 6-storey podium, upon which a partial amenity terrace is located. On the East Parcel, Tower C contemplates a 36-storey building inclusive of a 6-storey podium. Unencumbered parkland continues to be provided from both Parcels, with 0.124 ha provided on the West Parcel, and 0.437 ha on the East Parcel. The parkland on the West Parcel would continue to be combined with the existing woodlot. A total of 940 apartment dwelling units are to be provided, with 20 apartment dwelling units to be provided at cost to an affordable housing operator within the Region of York for the purposes of maintaining a supply of affordable rental housing.

4Mr. Layton's professional land use planning opinion in support of the settlement is as follows:

a) He reviewed the following policy documents in order to provide his opinion:

i. The Planning Act, R.S.O. 1990, c. P.13, as amended ("Act");

ii. Provincial Policy Statement, 2020 ("PPS");

iii. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 ("Growth Plan");

iv. Region of York Official Plan, 2019 consolidation ("YROP")

v. Region of York Official Plan, 2022 ("ROP 22") (Approved with modifications by the Minister on November 4, 2022)

vi. City of Markham Official Plan, 1987 ("MOP 87")

vii. City of Markham – Markham Centre Secondary Plan ("MCSP") and

viii. City of Markham Official Plan, 2014 ("MOP 14")

b) The Development has appropriate regard for matters of provincial interest as set out in Section 2 of the Act;

c) The Development is consistent with the PPS;

d) The Development conforms to the provisions of the Growth Plan;

e) The Development conforms to the provisions of the YROP and ROP 22;

f) The Development has regard for the decision of the City of Markham Council with respect to their prior approval of the settlement proposal;

g) The Development is a contextually appropriate use of lands that will help implement the vision and intent for the Markham Regional Centre contained within the City of Markham Official Plan and the Markham Centre Secondary Plan;

h) The proposed draft OPA and the resulting Development conforms to the intent of the City of Markham Official Plan, and the intent of the MCSP (PD 33-1 for the Central Area Planning District);

i) The proposed draft Zoning By-law Amendment ("ZBA") reflects appropriate development standards for the Subject Property; and

j) The Development, OPA and ZBA respect principles of good planning

5Based on the opinion evidence of Mr. Layton and the submissions made by counsel for all Parties in support of the proposed settlement, the Tribunal is of the view that the settlement is fair and reasonable; that the Development addresses all applicable matters of provincial interest under the Act; the Development is consistent with the applicable provisions of the PPS and conforms to the Growth Plan; the Development, proposed OPA and ZBA conform with the provisions and intent of the Region of York Official Plan 2010 and 2022 and of the City of Markham Official Plan and the Markham Centre Secondary Plan and demonstrate respect for principles of good planning.

6Therefore, the Tribunal allows the appeal of the Appellant, in part, and approves in principle the OPA and ZBA, subject to the satisfaction of the prerequisite conditions all as described in paragraph [8] and [9] below. The Appellant's appeal in respect of its site plan agreement application relating to the Development shall be adjourned on a sine die basis.

ORDER

7THE TRIBUNAL ORDERS THAT the appeal with respect to the Appellant's application for of the site plan agreement ("SPA") is hereby adjourned on a sine die basis and may be brought back for the consideration of the Tribunal by a request for a Case Management Conference.

INTERIM ORDERS

8THE TRIBUNAL ORDERS THAT the balance of the appeal is allowed in part, on an interim basis, contingent upon confirmation, satisfaction or receipt of those pre-requisite matters identified in paragraph [9] below, and the Official Plan Amendment set out in Attachment 1 to this Interim Order together with the Zoning By-law Amendment set out in Attachment 2 hereto, are hereby approved in principle.

9The Tribunal will withhold the issuance of its Final Order contingent upon confirmation of the counsel for all Parties, of the following pre-requisite matters:

a. The Tribunal has received, and approved, the Official Plan Amendment and Zoning By-law Amendment submitted in a final form, confirmed to be satisfactory to counsel for all Parties;

b. Approvals are obtained for the easements located on the West Block and East Block and are final and binding, all as confirmed by the solicitors for the City of Markham;

c. The easement agreements and conveyance of the easements have been properly registered, including formal registration of consent of any respective mortgagees that the easement agreements shall have priority to their respective charges, all to the satisfaction of counsel for the Parties; and

d. The Tribunal has subsequently allowed the Appellant's appeal in respect of its SPA and has issued its final Order approving the site plan drawings subject to certain conditions, or in the event that OnePiece subsequently withdraws its appeal of the SPA application, the City of Markham has endorsed the site plan drawings submitted by the Appellant subject to the City of Markham's satisfaction and confirmation of agreed conditions

10The Panel Member will remain seized for the purposes of reviewing and approving the final drafts of the Official Plan Amendment and the Zoning By-Law Amendment and the issuance of the Final Order.

11If the Parties do not submit the final drafts of the Official Plan Amendment and the Zoning By-law Amendment, and provide confirmation that all other contingent pre-requisites to the issuance of the Final Order set out in paragraph [9] above have been satisfied, and do not request the issuance of the Final Order, by Monday, July 31, 2023 the Parties shall provide a written status report to the Tribunal by that date, as to the timing of the expected confirmation and submission of the final form of the Official Plan Amendment and of the draft Zoning By-law Amendment and the issuance of the Final Order by the Tribunal. In the event the Tribunal fails to receive the required status report, and/or in the event the contingent pre-requisites are not satisfied by Monday, July 31, 2023, or by such other deadline as the Tribunal may impose, the Tribunal may then dismiss the Appeal.

12The Tribunal may, as necessary, arrange a further hearing event to determine the additional timelines and deadline for the submission of the final form of the required planning instruments described in paragraph [11], the satisfaction of the contingent pre-requisites and the issuance of the Final Order, and to deal with any other matters relating to the implementation of the Interim Orders made herein.

"William R. Middleton"

WILLIAM R. MIDDLETON

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.

ATTACHMENT 1

OFFICIAL PLAN

of the

CITY OF MARKHAM PLANNING AREA

AMENDMENT NO. XXX

To amend the Official Plan (Revised 1987), as amended,

and to incorporate Amendment No. 9 to the Markham Centre Secondary Plan (PD 33-1)

for the Central Area Planning District (Planning District No. 33).

[OnePiece (MS) Developments Inc.]

(December, 2022)

OFFICIAL PLAN

of the

MARKHAM PLANNING AREA

AMENDMENT NO. XXX

To amend the Official Plan (Revised 1987), as amended and to incorporate Amendment No. 9 to the Markham Centre Secondary Plan (PD 33-1) for the Central Area Planning District (Planning District No. 33).

This Official Plan Amendment was adopted by the Corporation of the City of Markham, By-law No. _____ - ___ in accordance with the Planning Act, R.S.O., 1990 c.P.13, as amended, on the XX day of MONTH, 2022.

Mayor

City Clerk

THE CORPORATION OF THE CITY OF MARKHAM

BY-LAW NO. _________

Being a by-law to adopt Amendment No. XXX to the City of Markham Official Plan (Revised 1987), as amended.

THE ONTARIO LAND TRIBUNAL APPROVES:

1. THAT Amendment No. XXX to the City of Markham Official Plan (Revised 1987), as amended, attached hereto, is hereby approved.

2. THAT this by-law shall come into force and take effect on the date of the final Order of the Ontario Land Tribunal.

CONTENTS

PART I - INTRODUCTION

1. GENERAL........................................................................................................... 6

2. LOCATION......................................................................................................... 6

3. PURPOSE.......................................................................................................... 6

4. BASIS.................................................................................................................. 7

PART II - THE OFFICIAL PLAN AMENDMENT

1. THE OFFICIAL PLAN AMENDMENT.......................................................... 10

2. IMPLEMENTATION AND INTERPRETATION.......................................... 10

PART III - THE SECONDARY PLAN AMENDMENT

1. THE SECONDARY PLAN AMENDMENT................................................... 12

2. IMPLEMENTATION AND INTERPRETATION.......................................... 13

3. SCHEDULE "A"............................................................................................... 14

4. SCHEDULE "B"……………………………………………………………….15

5. SCHEDULE "C"…………………………………………………………..…...16

PART I - INTRODUCTION

(This is not an operative part of Official Plan Amendment No. XXX)

PART I - INTRODUCTION

1.0 GENERAL

1.1 PART I - INTRODUCTION, is included for information purposes and is not an operative part of this Official Plan Amendment.

1.2 PART II - THE OFFICIAL PLAN AMENDMENT constitutes Official Plan Amendment No. XXX to the Official Plan (Revised 1987), as amended and is required to enact Amendment No. 9 to the Markham Centre Secondary Plan (PD 33-1) for the Central Area Planning District (Planning District No. 33). Part II is an operative part of this Official Plan Amendment.

1.3 PART III - THE SECONDARY PLAN AMENDMENT, including Schedules "A", "B" and "C" attached thereto, constitute(s) Amendment No. 9 to the Markham Centre Secondary Plan (PD 33-1) for the Central Area Planning District (Planning District No. 33). This Secondary Plan Amendment may be identified by the symbol PD 33-1-9. Part III is an operative part of this Official Plan Amendment.

2.0 LOCATION

This Amendment to the Official Plan and to the Markham Centre Secondary Plan (PD 33-1) applies to a 2.06 ha (5.08 ac) parcel of land municipally known as 28 Main Street Unionville, located at the northwest corner of Main Street Unionville and Enterprise Boulevard, east of the GO Rail line (the "Subject Lands"). Bill Crothers Drive bisects the Subject Lands creating two separate parcels; a West Parcel and an East Parcel. This Amendment applies to both the West and East Parcels.

3.0 PURPOSE

The purpose of this Amendment is to amend the Markham Centre Secondary Plan to:

• Permit three buildings containing a maximum 940 residential units and approximately 2,222 m² of non-residential space to be constructed on the Subject Lands as follows:

o two buildings with heights of 37- and 39-storeys (not including mechanical penthouse) on the West Parcel connected by a shared 6-storey podium, with a 7^th level amenity terrace, and

o one building with a height of 36-storeys (not including mechanical penthouse) atop a 6-storey podium on the East Parcel;

• Require 20 affordable housing units on the West Parcel as agreed to between the City and Owner;

• Reduce the area designated "Open Space" on the West Parcel lands to permit the construction of the second building as described above;

• Increase the area designated "Open Space" on the East Parcel;

• Identify the approximate area of land from the West and East Parcels, and the woodlot on the West Parcel, to be conveyed to the City as parkland; and

• Delete previous permissions to allow for below-grade parking beneath a portion of the West Parcel designated "Open Space".

4.0 BASIS OF THIS OFFICIAL PLAN AMENDMENT

On June 24, 2014, the City of Markham (the "City") Council adopted Official Plan Amendment No. 219 ("OPA 219") to the Markham Centre Secondary Plan (the "MCSP") permitting a residential mixed-use development on the Subject Lands. OPA 219 was subsequently appealed to the Ontario Municipal Board ["OMB", now the Ontario Land Tribunal ("OLT")] by the adjacent landowner immediately to the north. In a decision issued on February 5, 2019, the OLT approved a revised OPA 219 as a settlement. This permitted on the Subject Lands a phased residential mixed-use development consisting of two buildings with heights of 29- and 33-storeys, and maximum 673 residential units. The West Parcel, planned as Phase 2, would accommodate 362 units and the East Parcel, planned as Phase 1, would accommodate 311 units (the "Original Development").

The approved OPA 219 designates the Subject Lands "Community Amenity Area-Major Urban Place", "Open Space", and "Open Space-Environmentally Significant" within the MCSP, and permits the Original Development. OPA 219 also exempts the development of the Subject Lands from the requirements to prepare a Precinct Plan and permits underground parking beneath a future park block (strata condition) within the "Open Space" designation located on the West Parcel. City Council approved a site-specific Zoning By-law Amendment and endorsed, in principle, a concurrent application for site plan approval for the development in June 2018.

Through the technical review of the Original Development, the Owner's engineers and contractors identified the potential for unacceptable impacts on the building foundations of the adjacent lands due to the site limitations and the geotechnical and hydrogeological conditions of the Subject Lands. This resulted in revisions to the building design on the West Parcel, which primarily involved the removal of the strata condition from the proposed public park and the relocation of the parking supply above grade and within the building podium.

An application proposing further amendments to the MCSP were submitted to the City in December 2019, concurrently with an application to amend the applicable Zoning By-law and for Site Plan Control approval for the West Parcel, which were deemed complete on January 16, 2020. The revised West Parcel building design maintained a podium height of nine-storeys, similar to the Original Development, with an increased building height of 47-storeys (from 33-storeys) for the point tower built form that would minimize shadow impacts. Without proposed underground parking levels, the podium accommodates the parking supply for the West Parcel. The revised built form maintained the 362 units previously approved for West Parcel. The maximum 637 residential units and the exemption for a Precinct Plan for the Subject Lands established in OPA 219 were not subject to further amendment.

At its meeting on July 16, 2020, City Council refused the proposed amendment and the matter was subsequently appealed to the OLT. An initial Case Management Conference ("CMC") was held on February 16, 2021. Following the CMC, a settlement was reached with the City resulting in a further revision to the development proposal, which includes both the West and East Parcels. The revised development comprises three towers containing a maximum 940 residential units in 37-, 39-, and 36-storey towers (excluding the mechanical penthouses), including above grade parking within 6-storey podiums, and approximately 2,222 m² of non-residential uses (the "Revised Development"). The amount of "Open Space" lands to be conveyed for parkland on the West Parcel is to be reduced to accommodate the revised built form. However, the amount of parkland on the East Parcel is to be increased. Further, a total of 20 affordable housing units are to be provided and integrated into the buildings on the West Parcel.

The Subject Lands are located within close proximity to the Unionville GO Station area, which is intended to develop with higher densities and a greater variety of uses. The Revised Development, which is approximately 450 m from the Unionville GO Station, has the locational advantage to support the infrastructure investments along this rapid transit corridor and is an appropriate land use intensity for this area. Furthermore, the removal of the below-grade parking beneath the portion of the West Parcel "Open Space" designation would enable the conveyance of an unencumbered park to the City.

Therefore, and based on the reasons outlined above, it is appropriate to amend the MCSP to permit the Revised Development.

PART II - THE OFFICIAL PLAN AMENDMENT

(This is an operative part of Official Plan Amendment No. XXX)

1.0 THE OFFICIAL PLAN AMENDMENT

1.1 Section 1.1.2 of Part II of the Official Plan (Revised 1987), as amended, is hereby amended by the addition of the number XXX to the list of amendments, to be placed in numerical order including any required grammatical and punctuation changes.

1.2 Section 1.1.3 c) of Part II of the Official Plan (Revised 1987), as amended, is hereby amended by the addition of the number XXX to the list of amendments listed in the second sentence of the bullet item dealing with the Markham Centre Secondary Plan (PD 33-1), for the Central Area Planning District (Planning District No. 33), to be placed in numerical order including any required grammatical and punctuation changes prior to the words "to this Plan".

1.3 Section 9.2.16 of Part II of the Official Plan (Revised 1987), as amended, is hereby amended by the addition of the number XXX to the list of amendments, to be placed in numerical order including any required grammatical and punctuation changes prior to the words "to this Plan".

1.4 No additional changes to the text or schedules of the Official Plan (Revised 1987), as amended, are being made by this Amendment. This Amendment also incorporates changes to the text and schedules of the Markham Centre Secondary Plan (PD 33-1) for the Central Area Planning District (Planning District No. 33). These changes are outlined in Part III which comprises Amendment No. 9 to the Markham Centre Secondary Plan (PD 33-1).

2.0 IMPLEMENTATION AND INTERPRETATION

The provisions of the Official Plan (Revised 1987), as amended, regarding the implementation and interpretation of the Plan, shall apply in regard to this Amendment, except as specifically provided for in this Amendment.

This Amendment shall be implemented by a subsequent amendment to the Zoning By-law and site plan approval, in conformity with the provisions of this Amendment.

PART III - THE SECONDARY PLAN AMENDMENT (PD 33-1-9)

(This is an operative part of Official Plan Amendment No. XXX)

PART III - THE SECONDARY PLAN AMENDMENT (PD 33-1- 9)

1.0 THE SECONDARY PLAN AMENDMENT

(Amendment No. 9 to the Markham Centre Secondary Plan PD 33-1)

The Markham Centre Secondary Plan (PD 33-1) for the Central Area Planning District is hereby amended as follows:

1.1 Schedule 'AA' – DETAILED LAND USE is hereby amended by redesignating a portion of the subject lands west of Bill Crothers Drive from 'Open Space' to 'Community Amenity Area – Major Urban Place', and a portion of the subject lands east of Bill Crothers Drive from 'Community Amenity Area – Major Urban Place' to 'Open Space', as shown on Schedule "A", attached hereto.

1.2 Schedule 'CC' – OPEN SPACE SYSTEM is hereby amended by removing a portion of the subject lands designated 'Open Space' west of Bill Crothers Drive and adding 'Open Space' lands on the lands east of Bill Crothers Drive as shown on Schedule "B", attached hereto.

1.3 By replacing Section 4.3.2.3. q) with the following:

"q) The following additional provisions shall apply to the lands designated 'Community Amenity Area – Major Urban Place' and municipally known as 28 Main Street Unionville, located at the northwest corner of Main Street Unionville and Enterprise Boulevard, east of the GO Rail line, as shown on Figure 33-1-7:

i. The maximum number of residential units shall be 940.

ii. A total of 20 affordable housing units shall be provided within the building on the West Parcel, as agreed to between the City and the Owner.

iii. The maximum height of buildings (not including mechanical penthouses) shall be:

a. Building A: 37-storeys

b. Building B: 39-storeys

c. Building C: 36-storeys

iv. The 'Open Space' lands west of Bill Crothers Drive shall have a minimum area of approximately 0.125 ha and shall be conveyed to the City as parkland. The 'Open Space' lands east of Bill Crothers Drive shall have a minimum area of approximately 0.437 ha and shall be conveyed to the City as parkland..

v. The lands comprising a woodlot designated 'Open Space-Environmentally Significant' west of Bill Crothers Drive shall also be conveyed to the City as parkland.

vi. Minor boundary adjustments to the limits of the Community Amenity Area – Major Urban Place' and 'Open Space' designations may be permitted without further amendment to this Plan.

vii. A precinct plan shall not be required."

1.4 By replacing Figure 33-1-7 with a new Figure 33-1-7, as shown on Schedule "C" attached hereto.

1.5 By deleting Section 4.5.5 f).

2.0 IMPLEMENTATION AND INTERPRETATION

The provisions of the Official Plan (Revised 1987), as amended, regarding the implementation and interpretation of the Plan, shall apply in regard to this Amendment, except as specifically provided for in this Amendment.

This Amendment shall be implemented by an amendment to the Zoning By-law and site plan approval in conformity with the provisions of this Amendment.

ATTACHMENT 2

By-law 2022-XX

A By-law to amend By-law 2004-196, as amended

THE ONTARIO LAND TRIBUNAL APPROVES THE FOLLOWING:

1. That By-law 2004-196, as amended, is hereby further amended as follows:

1.1 By deleting Schedules M1, M2, M3, M4, and X11, from By-law 2004-196, and replacing them with Schedules M1, M2, M3, M4, and X11 appended to this By-law.

1.2 By deleting subsection 6.29 (*29) from Section 6 – Exceptions to By-law 2004- 196.

2. By adding the following to Section 6.28.1:

d) For the purpose of this by-law, the following definitions shall apply:

Mechanical Penthouse means a room or enclosure on the roof of a building exclusively used for mechanical equipment, elevator equipment, building services equipment, or any combination thereof. For the purposes of this definition, a stair tower or elevator tower providing access to an outdoor amenity area is a mechanical penthouse.

Storey means the portion of a building that is situated between the top of any floor and the top of the floor next above it. Where there is no floor above, storey means the portion of a building that is situated between the top of the floor and the ceiling above the floor. Mezzanines shall not be considered a storey if they occupy less than 60% of the floor area of the storey. A mechanical penthouse shall not be considered a storey or part thereof.

e) The minimum separation distance between towers shall be 25 metres, measured across a horizontal plane at each respective storey on each tower.

f) Notwithstanding any further division or partition of the lands subject to this Section, all lands Zoned with Exception *28 shall be deemed to be one lot for the purposes of this By-law.

3. By amending Section 6.28.2 such that it reads:

a) The parking space requirement for Apartment Dwellings shall be a minimum of 0.68 parking spaces per dwelling unit and a maximum of 1 parking space per dwelling unit;

b) A minimum of 143 parking spaces to be shared between residential visitors and non-residential users/visitors

c) Notwithstanding (b), a minimum of 20 spaces are to be designated for the exclusive use of residential visitors, and a minimum of 10 spaces are to be designated for the exclusive use of patrons of the non-residential uses on the property.

d) The provision of additional parking spaces is not permitted.

e) Where development of a lot is phased, the number of parking spaces provided in a parking garage on the lot during the earlier phase(s) may provide less than, or may exceed the maximum number permitted under Section (a) and (b), provided that the total number of parking spaces on the lot shall at no time be less than the minimum number, or exceed the maximum number that would be permitted if all approved dwelling units and other uses were constructed in a single phase.

5. All other provisions of By-law 2004-196, as amended, not inconsistent with the provisions of this by-law shall continue to apply.

Explanatory Note

By-law 2022-XX

A By-law to amend By-law 2004-196, as amended

OnePiece Ideal (MS) Developments Inc.

North side of Enterprise Boulevard, west of Main Street Unionville

Lands Affected

The proposed by-law amendment applies to a 2.06 ha (5.08 acre) property located on the north side of Enterprise Boulevard, west of Main Street Unionville.

Existing Zoning

The subject lands are zoned "Markham Centre Downtown Two *28(Hold)" [MC-D2 *28(H)], "Markham Centre Public Space One *29" (MC-PS1 *29) and "Markham Centre Public Space Two" (MC-PS2) within the Markham Centre Zoning By-law No. 2004-196.

Purpose and Effect

The purpose of this by-law amendment is to amend By-law 2018-134 to address the following:

• Increasing the maximum residential unit count from 673 to 940

• Increasing the maximum non-residential floor area from 1,700 m² to approximately 2,222 m²

• Increasing the maximum building height from approximately 115 metres (33 storeys) to approximately 132 metres (39 storeys)

• Reduce the residential parking requirements from a minimum of 0.9 spaces per dwelling unit to 0.68 spaces per dwelling unit

• To permit shared parking for residential visitors and non-residential uses, and reduce the required parking rate for residential visitors from 0.2 spaces per dwelling unit to a minimum overall supply of 143 spaces for both residential visitors and non-residential users/visitors

• Amend site specific development standards related to the building design

The effect of this by-law amendment is to permit a proposed development accommodating a maximum of 940 residential units and up to approximately 2,222 square metres of non-residential uses in 36, 37 and 39 storey buildings.

Note Regarding Further Planning Applications on this Property

The Planning Act provides that no person shall apply for a minor variance from the provisions of this by-law before the second anniversary of the day on which the by-law was amended, unless the Council has declared by resolution that such an application is permitted.