Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 19, 2024
CASE NO(S).: OLT-24-000256
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 1000503212 Ontario Inc.
Appellant: CF/OT Buttonville Properties Inc.
Appellant: Eastside Chevrolet Buick GMC Ltd.
Appellant: Haulover Investments Ltd.; and others
Subject: By-law No. 2024-19 (Comprehensive Zoning By-law)
Municipality: City of Markham
OLT Case No.: OLT-24-000256
OLT Lead Case No.: OLT-24-000256
OLT Case Name: CF/OT Buttonville Properties Inc. v. Markham (City)
Heard: August 29, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
City of Markham
Lee English
Maggie Cheung-Madar (in absentia)
Pitman Patterson (in absentia)
Weins Canada Inc.
Neil Smiley
Jasmeen Kabuli (in absentia)
Redbourne Investments Limited
Meaghan McDermid
Partnership et al.
Eastside Chevrolet Buick GMC Ltd.
Justine Reyes
Daniel Artenosi (in absentia)
Knob Hill Farms Limited
Alan Heisey
White Owl Properties Limited
Mandy Ng
Steven Ferri (in absentia)
CF/OT Buttonville Properties Inc.
Sidonia Tomasella
Haulover Investments Ltd.
Jeffrey Streisfield
DECISION DELIVERED BY Astrid J. Clos AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) convened by the Tribunal with respect to Appeals filed pursuant to s. 34(19) of the Planning Act (“Act”) of the Comprehensive Zoning By-law No. 2024-19 (“CZBL”) for the City of Markham (“City”).
BACKGROUND
2The City passed the CZBL on January 31, 2024. The CZBL is the result of an 11 year process and will replace the current 42 zoning by-laws in effect for the City. The CZBL applies to approximately 80% of the City, excluding lands where the City’s Official Plan has not come into force, where certain site-specific zoning by-law amendments were enacted or identified, and lands subject to a Minister’s Zoning Order.
3A total of eight appeals were filed with the Tribunal with respect to the passing of the CZBL.
NOTICE OF MOTION
4The City of Markham, with the consent of the other Parties, filed a Notice of Motion dated August 14, 2024, requesting:
A Decision and Order:
a. providing, pursuant to subsection 34(31) of the Planning Act, that the Comprehensive Zoning By-law No. 2024-19 (the “CZBL”) is deemed to have come into force on the day of the CZBL was passed (i.e., January 31, 2024), for all areas of the City to which the CZBL applies, save and except for the following lands in the City of Markham municipally known as:
i. 3300 Steeles Avenue East;
ii. 7537 Woodbine Avenue;
iii