Lifetime Panda Mrkm Inc. v. Markham (City), 2024 CanLII 102820

ISSUE DATE: October 15, 2024

CASE NO(S).: OLT-23-000657

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Lifetime Panda Mrkm Inc.

Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision

Description: To permit the development of a high-rise mixed-use development

Reference Number: PLAN 20 123292

Property Address: 8200 Warden Avenue

Municipality/UT: City of Markham

OLT Case No.: OLT-23-000657

OLT Lead Case No.: OLT-23-000657

OLT Case Name: Lifetime Panda Mrkm Inc. v. Markham (City)

Heard: October 10, 2024 In Writing

APPEARANCES:

Parties

Counsel

Lifetime Panda Mrkm Inc. (“Applicant / Appellant”)

S. Tomasella N. Mares

City of Markham (“City”)

M. Cheung-Madar

DECISION DELIVERED BY S. TOUSAW AND ORDER OF THE TRIBUNAL

1Upon the settlement of the Applicant and the City, this Decision allows the appeal in part and grants approval to a draft plan of subdivision (“Subdivision”), with conditions, affecting 8200 Warden Avenue, Markham (“site”).

2This Decision relies on the signed affidavit of Kate Cooper, Registered Professional Planner, whom the Tribunal hereby qualifies to provide opinion evidence in land use planning.

3The site is an urban block of 2.35 hectares (“ha”), bounded by existing streets on all sides. The Subdivision will divide the site into two urban blocks separated by a new north-south street allowance (Block 4). The western Block 1 is 0.985 ha and the eastern Block 2 is 1.141 ha. Both blocks will contain mixed-use, tall buildings of varying heights. Block 3 in the Subdivision is a sliver of land to widen the road allowance of IBM Drive along the south lot line of Block 1.

4The Subdivision conforms with and implements the in-force amendments for this site in the Markham Official Plan (“MOP”) and Zoning By-law. Nearby and surrounding the site are similar lot and street patterns as proposed by this Subdivision.

5The site is located within “Markham Centre” under the Markham Centre Secondary Plan (“SP”) where intensification is permitted within an “Urban Growth Centre” under A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (“GP”), and within a “Regional Centre” and “Protected Major Transit Station Area” under the Region of York Official Plan (“ROP”).

6As articulated in the uncontested affidavit evidence of Ms. Cooper, the Tribunal finds that the proposed Subdivision: has regard for the provincial interests of s. 2 of the Planning Act (“Act”); has regard for the subdivision criteria of s. 51(24) of the Act; is consistent with the Provincial Policy Statement, 2020; conforms with the GP; conforms with the ROP, MOP and SP; and represents good planning in the public interest.

ORDER

7The Tribunal Orders that:

the Draft Plan of Subdivision appeal is allowed, in part;
the revised Draft Plan of Subdivision, which is Attachment 1 to this Order, is hereby approved pursuant to subsection 51(56) of the Planning Act, subject to the Conditions of Draft Plan Approval, which are hereby approved as contained in Attachment 2 to this Order;
pursuant to subsection 51(56.1) of the Planning Act, final approval of the Plan of Subdivision for the purposes of subsection 51(58) of the Planning Act is delegated to the City of Markham; and
the Tribunal may be spoken to if there are issues implementing this Order.

“S. Tousaw”

S. TOUSAW VICE CHAIR

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.

ATTACHMENT 1

ATTACHMENT 2