Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
April 03, 2023
CASE NO(S).:
OLT-22-003831
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
1107656 Ontario Inc. (Times Group)
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To permit the development of 6 residential buildings with a total of 2,603 condominium units, an elementary school and a 3-storey commercial building with a total floor area of 9,800 square metres (105,487 square feet)
Reference Number:
PLAN 20 128679
Property Address:
Blocks 46 and Part of Block 49, Plan 65M-3226, southwest corner of Highway 7 and South Park Road, City of Markham
Municipality/UT:
City of Markham/ Regional Municipality of York
OLT Case No.:
OLT-22-003831
OLT Lead Case No.:
OLT-22-003831
OLT Case Name:
1107656 Ontario Inc. (Times Group) v. Markham (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant:
1107656 Ontario Inc. (Times Group)
Subject:
Application to amend the Zoning By-law – Neglect to make a decision
Description:
To permit the development of 6 residential buildings with a total of 2,603 condominium units, an elementary school and a 3-storey commercial building with a total floor area of 9,800 square metres (105,487 square feet)
Reference Number:
PLAN 20 128679
Property Address:
Blocks 46 and Part of Block 49, Plan 65M-3226, southwest corner of Highway 7 and South Park Road, City of Markham
Heard:
February 9, 2023 by video hearing
APPEARANCES:
Parties
Counsel/Representative*
1107656 Ontario Inc.
I. Kagan (in absentia) S. Kagan K. Stitt
City of Markham
M. Cheung-Mader
York Region District School Board
B. Sully
Yi Wang
Self-represented*
MEMORANDUM OF ORAL DECISION DELIVERED BY BRYAN W. TUCKEY ON FEBRUARY 9, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal convened the first Case Management Conference (“CMC”) for the above noted matter. 1107656 Ontario Inc. (“Applicant”) has filed an appeal against the City of Markham (“City”) for failing to make a decision for an Official Plan Amendment (“OPA”) pursuant to s. 22 (7) and Zoning By-law Amendment (“ZBA”) pursuant to s. 34 (11) of the Planning Act. The Property is located at the southwest corner of Highway 7 and South Park Road and is shown as Block 46 of Plan 65M-3226 and part of Block 49 of Plan 65M-3226 in the City (“subject lands”).
2The effect of the OPA and ZBA is to permit the development of the subject lands with a total of six residential buildings ranging in height from 34-50 storeys consisting of 2,603 condominium units. Block 46 of Plan 65M-3226 on the south side of Highway 7 includes three residential towers and a one storey podium. Part of Block 49 of Plan 65M-3226 is located on the north side of Highway 407 and similarly includes three residential towers and a one storey podium. The proposal also consists of an elementary school site, a three story commercial building with a total floor area of 9,800 square metres, a two-storey day care building and two public parks.
3The Affidavit of Service sworn January 16, 2023 is marked as Exhibit 1. No further notice is required.
4There are two additional requests for Party status with respect to this matter, being:
a. The York Region District School Board (“YRDSB”) which has an interest in monitoring the proceedings to ensure that the proposed school site’s configuration and location is maintained within the proposed development. All parties consented to the YRDSB being granted party status to this proceeding. The Tribunal agrees.
b. Mr. Yi Wang is a resident of the City of Richmond Hill (“Richmond Hill”) and is within the notification area in respect of the proposed development. Mr. Wang is made aware of Rule 8.1 – Role and Obligation or a Party found in the Ontario Land Tribunal - Rules of Practice and Procedure. Mr. Wang is self-represented, but he stated he understood the responsibilities of a Party, made a commitment to the Tribunal to receive appropriate assistance with regard to the development of Issues to be included in the Procedural Order (“PO”) and provide these Issues to all Parties in a timely fashion. Two issues were identified in his request for