Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 18, 2023 CASE NO(S).: OLT-22-004090
PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Markham Main Street RR Inc. c/o SmartCentres Inc
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: to permit a six storey, 308 unit retirement residence
Reference Number: PLAN 20 136386
Property Address: 134, 136, 140, 144 and 152 Main Street Markham N and 12 Wilson Street
Municipality/UT: Markham/York
OLT Case No: OLT-22-004090
OLT Lead Case No: OLT-22-004090
OLT Case Name: Markham Main Street RR Inc. v. Markham (City.)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: to permit a six storey, 308 unit retirement residence
Reference Number: PLAN 20 136386
Property Address: 134, 136, 140, 144 and 152 Main Street Markham N and 12 Wilson Street
Municipality/UT: Markham/York
OLT Case No: OLT-22-004091
OLT Lead Case No: OLT-22-004090
OLT Case Name: Markham Main Street RR Inc. v. Markham (City.)
BEFORE: K.R. ANDREWS ) Wednesday, the 16th day of ) ) August, 2023
THIS MATTER having initially come for a settlement hearing before the Ontario Land Tribunal on March 14, 2023 (the “Tribunal”) and the Tribunal having issued its Memorandum of Oral Decision and Order on June 12, 2023, allowing, in part, the Appellant’s appeals of the request to amend the City of Markham Official Plan and the application to amend Zoning By-law No. 1229 but withholding the Final Order subject to the Tribunal receiving the OPA and Zoning By-law Amendment submitted in a final form, confirmed to be satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;
AND THE TRIBUNAL having been advised by the Parties on July 27, 2023 that the above noted condition has been satisfied and the final form of the OPA and Zoning By-law Amendment being submitted to the Tribunal and that the City and the Appellant are thus jointly requesting that the Tribunal proceed to issue its Final Order;
AND THE TRIBUNAL having been satisfied that the prior condition to the Order previously imposed by the Tribunal, upon the consent of the parties, has been satisfied and that it is accordingly appropriate that the Tribunal issue its Final Order amending the City’s Official Plan and the identified Zoning By-law through the revised instruments now submitted for final approval upon the joint request of the City and the Appellant;
AND THE TRIBUNAL authorizes the municipal clerk to format, as may be necessary, and assign a number to these bylaws for record keeping purposes;
THE TRIBUNAL ORDERS in accordance with the Oral Decision and Order, that;
The City of Markham Official Plan is amended in accordance with the official plan amendment attached hereto as Schedule “A”; and
The City of Markham Zoning By-law No. 1229 is amended is accordance with the zoning by-law amendment attached hereto as Schedule “B”.
THE TRIBUNAL ORDERS that, pursuant to Rule 24.3 of the Tribunal’s Rules of Practice and Procedure, notwithstanding the eventual date of the formal issuance of this Order, it shall be, and was, effective as of Thursday, July 27, 2023 which is the date that the Tribunal received, considered and determined the request for the Final Order in this proceeding.
“Euken Lui”
EUKEN LUI
ACTING REGISTRAR
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.
SCHEDULE “A”