Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 22, 2025
CASE NO.: OLT-21-001280
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Lundy’s Lane Newmarket Assembly Inc.
Subject: Application to amend Zoning By-law No. 0225-2007 - neglect of the Town of Newmarket to make a decision
Existing Zoning: Residential Detached Dwelling 15M Zone (R1-D)
Proposed Zoning: Mixed Use Zone (MU-XX)
Purpose: 79 apartment units, configured in a 4-storey apartment building
Property Address/Description: 43 Lundy’s Lane, 592 Watson Avenue, 40, 36 and 32 Bolton Avenue
Municipality: Town of Newmarket
Municipality File No.: D14-NP21-01 (ZBA)
OLT Case No.: OLT-21-001280
OLT Lead Case No.: OLT-21-001280
OLT Case Name: Lundy’s Lane Newmarket Assembly Inc. v. Newmarket (Town)
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Subject: Site Plan
Referred by: Lundy’s Lane Newmarket Assembly Inc.
Property Address/Description: 43 Lundy’s Lane, 592 Watson Avenue, 40, 36 and 32 Bolton Avenue
Municipality: Town of Newmarket
OLT Case No.: OLT-21-001281
OLT Lead Case No.: OLT-21-001280
BEFORE:
WILLIAM R. MIDDLETON
VICE-CHAIR
Thursday, the 22nd day of May, 2025
WHEREAS THESE APPEALS of applications for a zoning by-law amendment and a Site Plan in respect of the lands municipally known as 43 Lundy’s Lane, 592 Watson Avenue, 40, 36 and 32 Bolton Ave, Newmarket (the “Subject Property”), came before the Ontario Land Tribunal (the “Tribunal”) for a public hearing on May 5, 2022 (“Hearing”).
AND THE TRIBUNAL having received oral evidence at the Hearing in support of a settlement between the applicant and the City of Newmarket and having received and considered further uncontroverted expert land use planning opinion evidence from Megan White, MCIP, RPP, in the form of an affidavit sworn on May 13, 2025.
AND THE TRIBUNAL having issued a Decision and Interim Order on June 2, 2022, that allowed the appeal by Lundy’s Lane Newmarket Assembly Inc., in part, and approved in principle, on an interim basis, the Amendment to the Zoning By-law and Site Plan, both appended to that Interim Order, subject to the satisfaction and confirmation of the pre-requisite matters set out in paragraph 8 of the Interim Order.
AND THE TRIBUNAL having been advised by the Parties’ counsel that the pre-requisite matters set out in paragraph 8 of the Interim Order have been satisfied and that the Parties have agreed to the form and content of the instruments appended as Attachment 1 and Attachment 2 to the below Orders.
THE TRIBUNAL ORDERS THAT:
- The appeal to amend the Town’s Zoning By-law, pursuant to OLT-22-001280, is allowed in part for the Lands in the form attached hereto as Attachment 1;
- The Site Plan appeal bearing file number OLT-22-0001281 is allowed in part and that the site plan agreement attached hereto as Attachment 2 is hereby approved.
“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.
ATTACHMENT 1
Corporation of the Town of Newmarket
By-law 2022-70
A By-law to amend By-law Number 2019-06 being a zoning by-law for the Urban Centres Secondary Plan area, and By-law Number 2010-40 being the Town’s Comprehensive Zoning By-law for lands outside of the Urban Centres Secondary Plan (43 Lundy’s Lane, 592 Watson Avenue, 40, 36 and 32 Bolton Avenue)
Whereas the Council of the Town of Newmarket has the authority pursuant to Section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended, to pass this By-law; and
Whereas it is deemed advisable to amend By-law Number 2019-06 and By-law Number 2010-40;
Therefore be it enacted by the Council of the Corporation of the Town of Newmarket as follows:
That the lands subject to this amendment are illustrated on Schedule 1 attached hereto.
And that By-law 2010-40 is hereby amended by:
Deleting from Schedule ‘A’ the lands subject to By-law 2010-40, R1-D Zone being 43 Lundy’s Lane, 592 Watson Avenue, 40, 36 and 32 Bolton Avenue. The lands are no longer subject to Zoning By-law 2010-40.
43 Lundy’s Lane
Lt 15 Pl 125 East Gwillimbury; Lt 16 Pl 125 East Gwillimbury; Newmarket
592 Watson Avenue
Pt Lt 17 Pl 125 East Gwillimbury; Pt Lt 18 Pl 125 East Gwillimbury As In R239965; Newmarket
40 Bolton Avenue
Pt Lt 17 Pl 125 East Gwillimbury; Pt Lt 18 Pl 125 East Gwillimbury As In R505757; Newmarket
36 Bolton Avenue
Pt Lt 6 Pl 91 East Gwillimbury As In R476907; Newmarket
32 Bolton Avenue
Pt Lt 5 Pl 91 East Gwillimbury; Pt Lt 6 Pl 91 East Gwillimbury As In R534719; Newmarket
- Adding to Schedule ‘A’ Maps 6, 12, and 18, the lands being
43 Lundy’s Lane
Lt 15 Pl 125 East Gwillimbury; Lt 16 Pl 125 East Gwillimbury; Newmarket
592 Watson Avenue
Pt Lt 17 Pl 125 East Gwillimbury; Pt Lt 18 Pl 125 East Gwillimbury As In R239965; Newmarket
40 Bolton Avenue
Pt Lt 17 Pl 125 East Gwillimbury; Pt Lt 18 Pl 125 East Gwillimbury As In R505757; Newmarket
36 Bolton Avenue
Pt Lt 6 Pl 91 East Gwillimbury As In R476907; Newmarket
32 Bolton Avenue
Pt Lt 5 Pl 91 East Gwillimbury; Pt Lt 6 Pl 91 East Gwillimbury As In R534719; Newmarket
- And that By-law 2019-06 is hereby amended by:
i) Adding the Holding Mixed-Use 1 Site Specific Exception 11 ((H)MU-1-(11)) Zone, with an FSI range of 1.5 to 2,0, height range from 8 to 17m and a holding provision as shown on Schedule 1 of By-law 2022-70 to Maps 6, 12, and 18.
ii) Amending Section 6.2.5 to add MU-1-(11) as a site-specific exception as follows:
(H)MU-1-(11) 43 Lundy’s Lane, 592 Watson Avenue, 40, 36 and 32 Bolton Avenue, TOWN OF NEWMARKET
a) Bolton Avenue is the front lot line.
b) Notwithstanding Sections 5.6, 5.6.1, 5.6.2, and 6.2.4.10.i), only one (1) loading space shall be required, and may be located exterior of the building and may be accessed by a driveway that is a minimum 4.0 metres wide.
c) Notwithstanding the requirements of Section 6.2.4.6, Angular Planes shall not apply to the south (35 Lundy’s Lane) and east (Bolton) boundaries of this lot.
iii. Adding Section 8.2.3 Requirement to Remove the (H) Holding Provision from 43 Lundy’s Lane, 592 Watson Avenue, 40, 36 and 32 Bolton Avenue (as shown on Schedule 1)
No person within these lands shall erect, alter or use any land, buildings or structures for any purpose except for those uses which existed on the date of passing of By-law 2022-70.
Furthermore, no changes, extension or enlargement of the uses which existed on the date of passing of By-law 2022-70 shall occur unless an amendment to this By-law or removal of the ‘(H)’ prefix, as per the Conditions of Removal listed below, is approved by Town Council and the By-law comes into full force and effect.
However, the Holding provision will not prevent any remediation or testing, or any testing related to related to Source Water Protection and/or in-ground and above ground services, if deemed appropriate and desirable by the Town. Any grading, filling or works necessary to fulfill the requirements of testing for and/or site remediation required to obtain approval for Record of Site Condition and/or to provide approved servicing, shall be permitted.
Granting of Site Plan Control Approval, with conditions, by either the Director of Planning & Building Services or the Development Coordination Committee, will indicate that the development design is sufficiently advanced to allow for a concurrent application for a Conditional Building Permit. A Holding provision will not prevent the issuance of a Conditional Building Permit for below grade works. The Conditional Building Permit (along with a separately executed agreement) may be granted for any below grade construction, deemed appropriate, at the sole discretion of the Chief Building Official.
Section 8.2.3.i Conditions for Removal of the Holding Provision
A Site Plan Agreement to permit the development as proposed has been entered into between the Owner and the Town and the performance security contemplated therein has been posted.
That sufficient servicing capacity has been allocated by the Town as confirmed by the Director of Planning and Building Services.
ATTACHMENT 2