Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 24, 2023
CASE NO(S).: OLT-22-003930
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Glen Rouge Homes (Kennedy) Inc.
Subject: Application to amend the Zoning By-law – Neglect to make a decision
Description: To demolish the existing detached dwelling and construct a townhouse development of 31 freehold units with rear access onto a private driveway and 6 blocks consisting of 5 to 6 townhouses in each block
Reference Number: PLAN 20 136196
Property Address: 7647 Kennedy Road, City of Markham
Municipality/UT: City of Markham/ Regional Municipality of York
OLT Case No.: OLT-22-003930
OLT Lead Case No.: OLT-22-003930
OLT Case Name: Glen Rouge Homes (Kennedy) Inc. v. Markham (City)
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Referred by: Glen Rouge Homes (Kennedy) Inc.
Subject: Site Plan
Description: To demolish the existing detached dwelling and construct a townhouse development of 31 freehold units with rear access onto a private driveway and 6 blocks consisting of 5 to 6 townhouses in each block
Reference Number: SPC 20 136196
Property Address: 7647 Kennedy Road, City of Markham
Municipality/UT: City of Markham/ Regional Municipality of York
OLT Case No.: OLT-22-003931
OLT Lead Case No.: OLT-22-003930
Heard: February 3, 2023 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Glen Rouge Homes (Kennedy) Inc. | R. Cheeseman |
| City of Markham | M. Cheung-Madar |
MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON FEBRUARY 2, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Ontario Land Tribunal (the “Tribunal”), was with respect to the appeals of the neglect of the City of Markham (the “City”) to make a decision regarding an Application under s. 34(11) of the Planning Act, to amend the City’s Comperhensive Zoning By-law and under s. 41(12) for the City’s neglect to approve the accompanying Site Plan application on lands located at 7647 Kennedy Road, in the City (“Subject Lands”)
2The approximately 5,906.7 m2 (63,579.19 sq. ft. ) Subject Lands are located on the east side of Kennedy Road, south of Lee Avenue and has an approximate frontage of 76.2 metres (“m”) (250 ft) along Kennedy Road. An existing one storey detached dwelling with dispersed mature trees and vegetation occupies the Subject Lands.
3The Applicant proposes to demolish the existing detached dwelling and construct a townhouse development accessed from Kennedy Road, that comprises of 31 freehold units with rear access onto a private driveway.
4The purpose of the Case Management Conference was to receive status updates from both parties to organize the hearing of these appeals.
5The Tribunal heard that the Parties on Consent, have agreed to a Settlement of the issues.
6The Tribunal was presented with an Affidavit of Service from Darlene Hornsby and was marked as Exhibit 1.
7The Tribunal further received a letter from Ms. Cheung-Madar, Counsel for the City of Markham, requesting specific conditions be considered by the Tribunal in the event the Appeal of the Site Plan Application is allowed. The letter was marked as Exhibit 2.
8The Tribunal received two requests for Participant Status.
9Melody Wen and Tom Joseph are both area residents. The Tribunal canvassed all Parties for any comments, there were no objections.
10The Tribunal granted both Ms. Wem and Mr. Joseph Participant Status.
11The Tribunal requested the Parties to submit the Joint Document Book and all Settlement materials by Friday, April 21, 2023.
12The Tribunal hereby schedules a Settlement Hearing of these appeals commencing on Thursday, April 27, 2023 at 10 a.m.
13No further notice will be given
14The Member is seized.
15So Orders the Tribunal.
“Carmine Tucci”
CARMINE TUCCI
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.