648321 Ontario Inc. v. Markham (City), 2026 CanLII 1354

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: January 7, 2026

CASE NO(S).: OLT-25-000066 OLT-25-000067

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: 648321 Ontario Inc.

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: To permit a 13-storey mixed-use building

Reference Number: OPA 60 2024-225

Property Address: 5871 Highway 7 East

Municipality/UT: Markham/York

OLT Case No.: OLT-25-000066

OLT Lead Case No.: OLT-25-000066

OLT Case Name: 648321 Ontario Inc. v. Markham (City)

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: 648321 Ontario Inc.

Subject: By-law No. 2024-226

Description: To permit a 13-storey mixed-use building

Reference Number: 2024-226

Property Address: 5871 Highway 7 East

Municipality/UT: Markham/York

OLT Case No.: OLT-25-000067

OLT Lead Case No.: OLT-25-000066

OLT Case Name: 648321 Ontario Inc. v. Markham (City)

Heard: December 10, 2025 by Video Hearing

APPEARANCES:

Parties	Counsel
648321 Ontario Inc.	Meaghan Barrett Eileen Costello (in absentia)
City of Markham	Maggie Cheung-Madar

MEMORANDUM OF ORAL DECISION DELIVERED BY SHARON L. DIONNE ON DECEMBER 10, 2025 AND FINAL ORDER OF THE TRIBUNAL

INTRODUCTION AND BACKGROUND

1The matters before the Tribunal are appeals against the decisions of the Council of the City of Markham (“City”) to refuse 648321 Ontario Inc.’s requested amendments to the City of Markham Official Plan (“OP”) and Zoning By-law (“ZBL”), affecting the lands municipally known as 5871 Highway 7 East, Markham (“Subject Property”).

2Following several previous adjournments, the Tribunal scheduled a Case Management Conference for December 10, 2025 as a first hearing event in respect of the appeals. Proper notice of the Hearing was served, and the Tribunal marked the Affidavit of Service as Exhibit 1. No requests for status were received by the Tribunal.

3The Subject Property is an approximately 0.3 Hectare rectangular parcel, located on the south side of Highway No. 7 and approximately 250 metres (“m”) west of (Main Street) Markham Road.

4Situated on the Subject Property are two 2-storey and one 1-storey buildings providing a total of 780 square metres (“m²) of commercial retail space. There are no features of significant architectural, cultural, historical, archaeological or scientific interest, nor on the abutting lands.

5The Subject Property has access to Wignall Crescent and Highway No. 7 East. Additionally, Highway No. 7 East is the regional corridor serviced by York Region’s VIVA Rapid Bus Transit system. The Subject Property is located between two rapid bus stops, less than 400 m away. The Markham GO Station is located approximately 1 kilometre north.

6648321 Ontario Inc. is seeking amendments to the OP and City of Markham Zoning By-law (“ZBL”) to permit the redevelopment/intensification of the Subject Property for residential uses.

7By way of background, the original applications for the requested amendments to the OP and ZBL were deemed complete on June 22, 2022. The proposal evolved through the planning approval process, such that the applications considered by City Council sought permission for a proposed 13-storey “L-shaped” residential building having a 5-storey podium on its rear/south portion, a maximum gross floor area of 13,100 m², and containing 137 units. The requested amendments for this proposal were not approved by the City despite the recommendations of City Staff. Instead, the City made a decision to adopt OPA No. 60 and pass Amending Zoning By-law No. 2024-226 to permit a 10-storey mixed use building. The Parties have been engaged in on-going discussions and negotiations since the time the appeals were filed.

8The Parties have worked constructively to find a compromise and resolve their differences, and came before the Tribunal to present, on consent, a proposed amendment to the OP to facilitate intensification of the Subject Property for a maximum 11-storey residential building with a maximum site density of 5.5 Floor Space Index (“FSI”), and a site specific amendment to the ZBL to permit an 11-storey residential building in accordance with the specific standards related to a Maximum Gross Floor area of 15,500 m², a Maximum Building Height of 38.5 m, a Rear Yard setback of 12 m, and certain landscaping and parking requirements. In accordance with Rule 12.1 of the Tribunal’s Rules of Practice and Procedure, the Hearing was converted to a Hearing on the merits of the settlement.

EVIDENCE AND FINDINGS

9The Tribunal qualified Maria Gatzios to provide opinion evidence in the discipline of land use planning in respect of the matters before it.

10The Tribunal marked the following Exhibits as evidence in the Hearing:

Exhibit 2 – Witness Statement of Maria Gatzios dated October 28, 2025

11Ms. Gatzios provided testimony regarding the context of the Subject Property in terms of surrounding land uses and the applicable planning policy framework, the revisions to the development proposal to an 11-storey “L-shaped” residential building as illustrated in the drawings/plans found in Attachment R of Exhibit 2, and she proffered her opinion as to the appropriateness of the proposed planning instruments.

12Having reviewed Exhibit 2 and considered the viva voce evidence, the Tribunal accepts the uncontradicted opinion evidence of Ms. Gatzios and accepts that the recommended proposed amendments to the OP and ZBL set out in Exhibit 2, Attachment S and T respectively, are appropriate and represent good planning.

13The Tribunal is satisfied that the revised planning instruments, if approved, will provide for an appropriate form of redevelopment/intensification on the Subject Property, that optimizes the use of existing infrastructure (including transit and servicing), that provides for additional housing units in an appropriate built form in its location, and represents good planning.

14With respect to the statutory requirements set out in the Planning Act, R.S.O., 1990, c.P.13 (“Act”), the Tribunal finds that the recommended proposed amendments to the OP and ZBL, as set out in Attachment 1 and 2 to this Decision should be approved, in that they:

i. are consistent with the Provincial Planning Statement (2024), given that the Subject Property is already designated for some form of intensification and benefits from existing infrastructure, and the proposed site-specific amendments will facilitate a housing form which is appropriately sized for its location, and which is situated appropriately on the Subject Property;

ii. are in general conformity with the Official Plans for York Region and the City of Markham, in that the policy frameworks support intensification along transportation corridors, and on specific sites, such as the Subject Property, which has an appropriate size and configuration to accommodate modest infill where services are available; and,

iii. if approved, would create an opportunity to facilitate the intensification with a residential building of an appropriate built form and density, representing good land use planning, and being in the public interest.

15The Tribunal makes its findings, having regard to those applicable matters of Provincial interest found in s. 2 (h) and (n) of the Act, namely that the amendments will provide for the orderly development of safe and healthy communities and will resolve planning conflicts involving public and private interests.

16The Tribunal also makes its findings in accordance with s. 2.1 (1) of the Act, in recognition that settlement has been endorsed by the City.

ORDER

17THE TRIBUNAL ORDERS THAT the appeals of the Official Plan Amendment and Zoning By-law Amendment applications are allowed in part.

18AND THE TRIBUNAL ORDERS THAT the Official Plan for the City of Markham is amended as set out in Attachment 1 to this Order.

19AND THE TRIBUNAL ORDERS THAT the appeal against City of Markham Zoning By-law No. 2024-226 is allowed in part and By-law No.177-96 is amended as set out in Attachment 2 to this Order. In all other respects, the Tribunal Orders that the appeal is dismissed.

20AND THE TRIBUNAL ORDERS THAT pursuant to Rule 24.3 of the Tribunal’s Rules of Practice and Procedure, notwithstanding the eventual date of the formal issuance of this Order, it shall be, and was, effective as of December 10, 2025, which is the date that the Tribunal received and considered the evidence in support of the requested amendments.

21The Tribunal authorizes the Municipal Clerk of the City of Markham to format, as may be necessary, and assign a number to the by-laws for record keeping purposes.

22The Tribunal may be spoken to in the event some matter should arise in connection with the implementation of this Order.

“Sharon L. Dionne”

SHARON L. DIONNE

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.

ATTACHMENT 1

CITY OF MARKHAM

OFFICIAL PLAN AMENDMENT NO. XXX

To amend the City of Markham Official Plan 2014, as amended.

(648321 Ontario Inc., 5871 highway 7 East)

December 2025

CITY OF MARKHAM

OFFICIAL PLAN AMENDMENT NO. XXX

To amend the City of Markham Official Plan 2014, as amended.

This Official Plan Amendment was approved by the Ontario Land Tribunal in accordance with the Planning Act, R.S.O., 1990 c. P.13, as amended, on the 10th day of December 2025.

Kimberley Kitteringham Frank Scarpitti

City Clerk Mayor

(Signed)

By-law 2025-XX

Being a by-law to adopt Amendment No. XXX

to the City of Markham Official Plan 2014, as amended

THE COUNCIL OF THE CORPORATION OF THE CITY OF MARKHAM, IN ACCORDANCE WITH THE PROVISIONS OF THE PLANNING ACT, R.S.O., 1990 HEREBY ENACTS AS FOLLOWS:

THAT Amendment No. XXX to the City of Markham Official Plan 2014, as amended, attached hereto, is hereby adopted.
THAT this by-law shall come into force and take effect on the date of the final passing thereof.

READ A FIRST, SECOND AND THIRD TIME AND PASSED THIS XX DAY OF MONTH YEAR.

Kimberley Kitteringham Frank Scarpitti

City Clerk Mayor

(Signed)

CONTENTS

PART I – INTRODUCTION...................................................................................................................... 6

1.0 GENERAL............................................................................................................................. 6

2.0 LOCATION............................................................................................................................ 6

3.0 PURPOSE............................................................................................................................. 6

4.0 BASIS OF THIS OFFICIAL PLAN AMENDMENT........................................................................... 6

PART II – THE OFFICIAL PLAN AMENDMENT........................................................................................... 9

1.0 THE OFFICIAL PLAN AMENDMENT.......................................................................................... 9

2.0 IMPLEMENTATION AND INTERPRETATION........................................................................... 10

3.0 SCHEDULE "A"

PART I – INTRODUCTION

(This is not an operative part of the Official Plan Amendment No. XXX)

PART I – INTRODUCTION

1.0 GENERAL

1.1. PART I – INTRODUCTION, is included for information purposes and is not an operative part of this Official Plan Amendment.

1.2. PART II – THE OFFICIAL PLAN AMENDMENT, constitutes Official Plan Amendment No. XXX to the City of Markham Official Plan, 2014, as amended. Part II is an operative part of this Official Plan Amendment.

2.0 LOCATION

This Amendment applies to a 0.294 hectare (0.725 acres) parcel of land municipally known as 5871 Highway 7, located south of Highway 7 and west of Markham Road (Highway 48) (the “Subject Lands”).

3.0 PURPOSE

The purpose of this Amendment is to redesignate the Subject Lands from 'Mixed Use Mid Rise’ to ‘Residential Mid Rise’, and to add a site specific policy to permit a residential development with a maximum height of 11-storeys and a maximum density of 5.5 FSI.

4.0 BASIS OF THIS OFFICIAL PLAN AMENDMENT

The City of Markham Official Plan, 2014, as amended, designates the Subject Lands ‘Mixed Use Mid Rise’. This designation provides for midrise intensification opportunities adjacent to public transit routes with a maximum building height of 8-storeys and a maximum density of 2.0 FSI.

This Amendment will facilitate the development of the Subject Lands with a 11-storey residential building (the “Proposed Development”) by redesignating the Subject Lands from ‘Mixed Use Mid Rise’ to ‘Residential Mid Rise’ and adding a site specific policy to permit the Proposed Development’s height and density.

The Proposed Development is consistent with the policies of the Provincial Policy Statement, 2024 (the “PPS”) as the Subject Lands are located within a defined Settlement Area and the Proposed Development would promote the efficient use of land and infrastructure, support alternative modes of transportation including active transportation and transit, and would further contribute to the mix of residential needs to meet long-term needs.

The Proposed Development also conforms to the York Region Official Plan, 2022 (the “YROP”). The Subject Lands are designated “Urban Area”, which provides for a wide range of residential, commercial, industrial, and institutional uses. The Proposed Development also conforms with the YROP’s intensification policies as it is compact, street-oriented, and transit supportive.

The Proposed Development also represents good planning as it provides for appropriate intensification to make efficient use of land and infrastructure while supporting existing transit routes, existing community amenities, and retail services. The Proposed Development is compatible and provides an appropriate interface to the existing residential neighbourhood that supports an active frontage along Highway 7.

PART II – THE OFFICIAL PLAN AMENDMENT

(This is an operative part of Official Plan Amendment No. XXX)

PART II – THE OFFICIAL PLAN AMENDMENT

1.0 THE OFFICIAL PLAN AMENDMENT

1.1 The following map of Part I of the City of Markham Official Plan, 2014, as amended, is hereby amended as follows:

a) Map 3 – Land Use is amended by redesignating the Subject Lands from 'Mixed Use Mid Rise’ to ‘Residential Mid Rise’ as shown on Schedule “A” attached hereto.

1.2 Section 9.14 of Part I of the City of Markham Official Plan, 2014, as amended, is hereby amended by:

a) Amending Section 9.14.1 to add a reference in Figure 9.14.1 to a new Section 9.14.7 as follows:

b) Adding a new subsection 9.14.7 and a new Figure 9.14.7 as follows: “9.14.7 5871 Highway 7 East

The following height and density provisions shall apply to the ‘Residential Mid Rise’ lands located at 5871 Highway 7 East as shown in Figure 9.14.7:

a) The maximum building height shall be 11 storeys; and

b) The maximum floor space index is 5.5.

Figure 9.14.7”

2.0 IMPLEMENTATION AND INTERPRETATION

The provisions of the City of Markham 2014 Official Plan, as amended, regarding the implementation and interpretation of the Plan, shall apply in regard to this Amendment, except as specifically provided for in this Amendment.

This Amendment shall be implemented by an amendment to the Zoning By-law and Site Plan approval and other Planning Act approvals, in conformity with the provisions of this Amendment.

ATTACHMENT 2

BY-LAW 2025-

A By-law to amend By-law , as amended

(to delete lands from the designated areas of By-laws )

and to amend By-law 177-96, as amended

(to incorporate lands into the designated area of By-law 177-96)

The Council of The Corporation of the City of Markham hereby enacts as follows:

That By-law 1229, as amended, is hereby further amended by deleting the lands shown on Schedule ‘A’ attached hereto, from the designated areas of By-law 1229, as amended.
That By-law 177-96, as amended, is hereby further amended as follows:

2.1 By expanding the designated area of By-law 177-96, as amended, to include additional lands as shown on Schedule ‘A’ attached hereto.

2.2 By zoning the lands outlined on Schedule ‘A’ attached hereto: from:

Service Commercial Zone (C3) under By-law 1229, as amended

to:

Community Amenity Area Two* 772 Zone (CA2*772) under By-law 177-96, as amended

By adding the following subsections to Section 7 – EXCEPTIONS:

Exception 7.772

648321 Ontario Inc. 5871 Highway 7

Parent Zone CA2

File PLAN 22.244910

Amending By-law 2025-

Notwithstanding any other provisions of this By-law, the following provisions shall apply to the land denoted by the symbol *772 on the schedules to this By-law. All other provisions, unless specifically modified/amended by this section, continue to apply to the lands subject to this section.

7.772.1 Special Zone Standards

The following special zone standards shall apply:

The provisions of Table B7 shall not apply

For the purposes of this By-law the following definitions apply:

Bicycle Parking Space means an area that is provided and maintained for the purpose of temporary storage of a bicycle or motor assisted bicycle as defined under the Highway Traffic Act.

Bicycle Parking Space, Long-term means a bicycle parking space within a building or structure designed for the storage of bicycles equipped with a rack or stand designed to lock the wheel and frame of a bicycle, or within a locked room for the exclusive use of parking bicycles.

Bicycle Parking Space, Short-term means a bicycle parking space that is equipped with a rack or stand designed to lock the wheel and frame of a bicycle, that is available for use by the general public.

By-law 2024- Page 2

Indoor Amenity Space means an indoor space on a lot that is designed for and available for use by the occupants of a building on the lot for recreational or social activities.

For the purposes of this By-law, the lot line abutting Highway 7 shall be deemed to be the front lot line.

Minimum setbacks to a main building:

i) Front yard – 0.3 metres

ii) Exterior side yard – 0.3 metres

iii) Interior side yard

a) for the first 5 storeys above established grade – 0.1 metres

b) for any portion of a building above 5 storeys – 7.0 metres

iv) Rear yard – 12.0 metres

Maximum height – 38.5 metres

For the purposes of measuring the maximum height of a building, established grade is 178.65 metres.

Mechanical penthouses and features, such as structures containing the equipment necessary to control an elevator, equipment used for the functional operation of a building, such as electrical, utility, and ventilation equipment are permitted to project a maximum of 7.5 metres above the highest point of the roof surface, regardless of the height of a building, and shall not be deemed to be a storey.

Minimum landscaped open space – 16 percent

Minimum width of landscaping adjacent to the rear lot line – 3.0 metres

Notwithstanding special provision i), hydro transformers may be located within the required landscaping adjacent to the rear lot line.

Minimum required outdoor amenity space – 2 square metres per dwelling unit

The area of a balcony associated with a dwelling unit may be used in calculating required outdoor amenity space.

Maximum gross floor area of all buildings – 15,000 square metres.

Minimum setback for a parking garage located completely below established grade, including ventilation shafts and housings, stairways, portions of the parking garage projecting above established grade and access ramps or driveways leading to an underground parking garage: 0.1 metres

Notwithstanding special provision d), architectural features, including terraces, cornices, sills, canopies, awnings, stair enclosures, guardrails, green roof elements, wind mitigation, windowsills, building maintenance equipment, porches, decks, patios, architectural wing walls, balconies, underground cellars, stairs and landings are permitted to encroach into the required front, interior side, and exterior side yard.

Balconies are not permitted to encroach into the required rear yard.

Minimum parking space requirements for apartment dwellings – 0.85 space per dwelling unit plus 0.15 spaces per dwelling unit for visitors.

Minimum bicycle parking space requirements:

a. Residential Uses:

i) A minimum of 0.50 spaces per dwelling unit identified as designated long- term bicycle parking spaces.

ii) A minimum of 0.10 spaces per dwelling unit identified as designated short- term bicycle parking spaces.

Bicycle parking spaces may be stacked vertically or horizontally.

Minimum required accessible parking spaces: 3 percent of the required number of parking spaces plus 1 space.

Special provision w), is subject to the following standards:

i) 50 percent of the required accessible parking spaces shall be comprised of Type A accessible parking spaces having a width of not less than 3.4 metres and a length of not less than 5.8 metres; and,

ii) 50 percent of the required accessible parking spaces shall be comprised of Type B accessible parking spaces having a width of not less than 2.4 metres and a length of not less than 5.8 metres.

Type A and Type B accessible parking space shall have a 1.5-metre-wide access aisle adjacent to the accessible parking space. The 1.5-metre-wide access aisle adjacent to an accessible parking space may be shared between two adjacent accessible parking spaces.

Where the minimum number of required accessible parking spaces identified in special provision w), results in an odd number of accessible parking spaces being required, the additional space may be a Type B accessible parking space.

aa)

A car-share parking space is permitted to occupy a required parking space but is not permitted to occupy an accessible parking space.

Read and first, second and third time and passed on , 2025.

Kimberley Kitteringham Frank Scarpitti

City Clerk Mayor

Amanda File No. PLAN 22.244910

EXPLANATORY NOTE

BY-LAW 2024-XX

A By-law to amend By-law 177-96, as amended

648321 Ontario Inc.

5871 Highway 7

PLAN 22 244910

Lands Affected

The proposed by-law amendment applies to a parcel of land with an approximate area of 0.294 hectares (0.725 acres) of land on the south side of Highway 7, west of Markham Road, municipally known as 5871 Highway 7.

Existing Zoning

The subject lands are zoned Service/Highway Commercial Zone (C3) under By-law 1229, as amended.

Purpose and Effect

The purpose and effect of this By-law is to delete the property from the designated area of By-law 1229, as amended, and zone it Community Amenity Area Two772 (CA2772) under By-law 177-96, as amended, to permit the redevelopment of subject lands for an 11-storey residential building.