Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 05, 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: August 21, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
3555 Highway 7 Development Ltd.
Calvin Lantz Donya Yarahmadi
City of Markham
Maggie Cheung-Madar
New World Centre (Markham) Development Corporation
Matthew Helfand Eileen Costello (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY W. DANIEL BEST ON AUGUST 21, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the second Case Management Conference (“CMC”) conducted for the appeals by 3555 Highway 7 Development Ltd. (“Appellant”) of the failure of the City of Markham (“City”) to make a decision following an application for an Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”) to construct three mixed-use towers that incorporated a 53-storey and two 40-storey towers at 3555 Highway 7 East (“Subject Property”).
2A resubmission in March 2022 contemplated a revision to 42-, 38- and 48-storey towers. As part of a settlement proposal, the tower elements will be set on two distinct four-storey podiums. The maximum height of the tower elements will not exceed 45-storeys measured from grade.
3An amendment to the OPA and Secondary Plan (“SP”) to permit greater heights and densities is required to permit the proposed development. The proposed OPA permits a maximum height of 45-storeys measured from Highway 7 grade level and a maximum Floor Space Index (“FSI”) of 10.0.
4An amendment to the ZBA is required to implement the proposed development. The proposed ZBA will expand the range of permitted uses on the Subject Property to increase the permitted height and density allowed and reduce the parking standards.
5The City and the Appellant have reached a settlement on consent. The Tribunal is in receipt of the Book of Documents and Affidavit of the planner to support the settlement.
6New World Centre (Markham) Development Corp. (“New World”) is seeking more time to review the Book of Documents it received over the weekend.
7The City requires further time to draft the planning instruments in their final form for consideration by the Tribunal.
8All Parties expressed their desire to set a date for another CMC as soon as possible. The purpose of the CMC would be to present a settlement or schedule a hearing date and finalize the Procedural Order (“PO”) and scoped Issues List (“IL”).
9The Tribunal agrees with the Parties to proceed in the manner as outlined in paragraph [8].
10This Member gave direction to the Parties that he would remain seized of the matter. The Tribunal directs that the planning instruments in their final form be forwarded to the Case Coordinator upon completion.
11The CMC hearing scheduled to proceed by video hearing on Friday, September 29, 2023 at 10 a.m.
12Statutory Parties and anyone seeking Party or Participant status 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:
https://global.gotomeeting.com/join/687587165
Access code: 687-587-165
13Parties 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
14Persons 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 as indicated above.
15Individuals 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
16The Tribunal orders its directions and rulings as set out above.
17There will be no further notice.
18The Member will remain seized and may be spoken to through the Case Coordinator if there are any issues with respect to the implementation of this Order.
“W. Daniel Best”
W. DANIEL BEST
MEMBER
Ontario Land Tribunal
Website: www.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.