Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 12, 2023
CASE NO(S).: OLT-22-004154
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 3555 Highway 7 Development Ltd.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a mixed-use development that incorporates a 53-storey and two 40-storey towers
Reference Number: 21 106315 000 00 PLAN
Property Address: 3555 Highway 7 East
Municipality/UT: Markham/York
OLT Case No.: OLT-22-004154
OLT Lead Case No.: OLT-22-004154
OLT Case Name: 3555 Highway 7 Development Ltd. 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: 3555 Highway 7 Development Ltd.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a mixed-use development that incorporates a 53-storey and two 40-storey towers
Reference Number: 21 106315 000 00 PLAN
Property Address: 3555 Highway 7 East
Municipality/UT: Markham/York
OLT Case No.: OLT-22-004155
OLT Lead Case No.: OLT-22-004154
Heard: March 29, 2023, by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 3555 Highway 7 Development Ltd. ("Appellant") | Calvin Lantz |
| City of Markham ("City") | Maggie Cheung-Madar |
| New World Centre (Markham) Development Corp. ("New World") | Matthew Helfand |
MEMORANDUM OF ORAL DECISION DELIVERED BY JEAN-PIERRE BLAIS AND DAVID BROWN ON MARCH 29, 2023, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Appellant seeks to develop a site at 3555 Highway 7 East in the City (“Subject Property”) to construct three mixed-use towers. To this end, the Appellant had applied to amend the City’s Official Plan, the Secondary Plan, and the Zoning By-law. In 2021, the applications initially sought a development that incorporates a 53-storey and two 40-storey towers. A resubmission in March 2022 contemplated a revision to 42-, 38- and 48-storey towers. The Appeals are brought pursuant to sections 22(7) and 34(11) of the Planning Act due to the failure of the City to make a decision in the prescribed time.
2On March 29, 2023, the Tribunal held its first Case Management Conference (“CMC”) to organize the appeals, address status requests and establish next steps in this proceeding.
3There were no issues raised with service of Notice of the CMC and as such, no further notice is required. The Tribunal was in receipt of the Affidavit of Service of Notice of the CMC dated March 7, 2023, which was marked as Exhibit 1 to this CMC.
STATUS REQUEST
4The Tribunal received a written request for Party Status from New World, which owns a neighbouring property municipally known as 100-110 Clegg Road. New World explained that both the Subject Property and their property are subject to the policies of the Markham Centre Secondary Plan, which is currently in the process of undergoing a review update and in which it is an active participant. It has also submitted applications for a Zoning By-law Amendment, a draft Plan of Subdivision and an Official Plan Amendment approvals to permit the mixed-use redevelopment of their property. Although not instructed to raise any specific issue with respect to the present Appeals, Counsel for New World noted that it has a particular interest in any impact a decision of the Tribunal could have on the future redevelopment of the New World property.
5On the consent of the Parties, the Tribunal granted New World Party Status.
OPPORTUNITIES FOR SETTLEMENT
6Counsel for the Parties advised that they are engaged in settlement discussions.
NEXT STEPS
7A draft Procedural Order was provided to the Tribunal prior to the CMC. The Tribunal notes that the Issues List needed to be developed with the participation of all Parties.
8Given the need to refine the Issues List and considering the prospect of some or all the issues to be resolved, the Tribunal finds that setting a second CMC is reasonable in the circumstances. Accordingly, the Tribunal directed that a second CMC be scheduled for Monday, August 21, 2023. The Tribunal directed the Parties to work cooperatively to refine the Issues Lists and directed them to provide the Tribunal with a draft Procedural Order and consolidated Issues List on or before Monday, August 14, 2023. At the second CMC, the Parties are expected to be prepared to: finalize the Procedural Order, the Issues List, and all related matters thereto; update the Tribunal on the outcome of any settlement efforts; and update Tribunal on the status of the appeals.
9The Parties are directed to advise the Tribunal of any settlement as soon as possible.
10The second CMC is scheduled to proceed by video hearing on Monday, August 21, 2023, at 10:00 a.m.
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.
GoTo Meeting: https://global.gotomeeting.com/join/519389173
Access code: 519-389-173
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: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The Access Code is 519-389-173.
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 event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
15The Tribunal orders that New World Centre (Markam) Development Corp. is granted Party Status in this proceeding.
16The Tribunal directs the Parties to submit a draft Procedural Order with consolidated Issues List to the Tribunal on or before Monday, August 14, 2023.
17The Members of the Panel are not seized, however, will remain available for case management, subject to the Tribunal’s calendar.
18No further notice will be given.
“Jean-Pierre Blais”
Jean-Pierre blais
MEMBER
“David Brown”
DAVID Brown
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.