Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 19, 2024
CASE NO(S).: OLT-24-000009
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Markham Suites Hotel Limited
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a high density residential mixed-use development consisting of five new buildings and a public park
Reference Number: PLAN 20 128653
Property Address: 8500 Warden Avenue
Municipality: City of Markham
OLT Case No: OLT-24-000009
OLT Lead Case No: OLT-24-000009
OLT Case Name: Markham Suites Hotel Limited 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: Markham Suites Hotel Limited
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a high density residential mixed-use development consisting of five new buildings and a public park
Reference Number: PLAN 20 128653
Property Address: 8500 Warden Avenue
Municipality: City of Markham
OLT Case No: OLT-24-000010
OLT Lead Case No: OLT-24-000009
Heard: March 15, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
City of Markham
Maggie Cheung-Madar
Markham Suites Hotel Limited
David Bronskill Joseph Hoffman (in absentia)
York Region Standard Condominium Corporation No. 1122
Russell Cheeseman Stephanie Fleming
MEMORANDUM OF ORAL DECISION DELIVERED BY W. DANIEL BEST ON MARCH 15, 2024 AND ORDER OF THE TRIBUNAL
1The Tribunal convened a first Case Management Conference (“CMC”) for the above noted matter. Markham Suites Hotel Limited (“Applicant”) has appealed against the City of Markham (“City”) for failing to make a decision within statutory timeframes for an Official Plan Amendment (“OPA”) under s. 22(7) Planning Act, R.S.O. 1990, c. P. 13, as amended (“Act”) and a Zoning By-law Amendment (“ZBA”) under s.34(11) of the Act.
2The property municipally known as 8500 Warden Avenue ( “Subject Property”) is located at the southwest corner of Highway 7 and Warden Avenue and is approximately 4.12 hectares (“ha”) in size. The Subject Property has approximately 219.9 metres (“m”) of frontage along Highway 7 and approximately 193.3 m frontage along Warden Avenue. The Subject Property is currently occupied by the Hilton Toronto/Markham Suites Hotel Conference Centre and Spa and surrounded by a surface parking lot. The general area in proximity to the Site is largely occupied by mid-rise and tall residential, office and mixed-use buildings.
3The proposed amendments to the Official Plan (“OP”) and Zoning By-law (“ZBL”) would permit the re-development of the Subject Property to allow for the five high-rise towers, with residential and non-residential uses and the public park adjoining with the City owned lands to the north. More particularly, the applications propose to redevelop the Subject Property with five buildings of heights of 40, 45, 50, 50, and 55-storeys, for a total of 3,049 residential units. The proposed park would abut the City owned lands to the north of the Subject Property that would create a contiguous public park approximately 5,160.6 square metres (“m2”) in size to serve as a gateway to the intersection of Warden Avenue and Highway 7. Access to the Subject Property is proposed from Courtyard Lane, Clegg Road, and Warden Avenue with internal site circulation by a circular private road.
4On December 12, 2023, the City Staff presented a report to the Development Services Committee recommending approval of the OPA and ZBA for the Subject Property. The Tribunal was advised that the decision was deferred.
5The Affidavit of Service sworn on February 14, 2024, meets the requirements of the Tribunal and is marked as Exhibit 1. No further notice will be required for the appeals.
6There was one Party Status request from York Region Standard Condominium Corporation No. 1122. The Applicant and the City consented to the request.
7The Tribunal finds that the request satisfies the necessary applicable Legislative tests, and the presence of the prospective Party above is necessary to enable the Tribunal to adjudicate effectively and completely on the issues in the proceeding (Rule 8.2 – Ontario Land Tribunal – Rules of Practice and Procedure) and that there is no prejudice to any other Party. Therefore, the Tribunal grants Party status to York Region Standard Condominium Corporation No. 1122 for both appeals.
8There were two requests for Participant