Request for an Amendment to Minister’s Zoning Order, Ontario Regulation 169/21, City of Markham

A Minister’s Zoning Order (MZO), made pursuant to clause 47(1)(a) of the Planning Act, regulates the use of land and the erection, location and use of any building or structure on the land, and prevails over the existing municipal zoning by-law to the extent there is any conflict.

The Minister is considering a request from the Mon Sheong Foundation to amend the MZO filed as Ontario Regulation 169/21 pursuant to subsection 47(8) of the Planning Act. This would be the sixth amendment if made. The area covered by Ontario Regulation 169/21 is approximately 3.0 hectares in size and the subject lands are located on the north side of Apple Creek Boulevard, east of Woodbine Avenue.  See link to location map below.

Ontario Regulation 169/21 facilitates the development of a retirement home, long-term care home, and seniors’ residences along with other accessory uses such as offices, restaurants, place of worship and above ground parking structures.  Currently, an 11-storey long-term care facility and an 8-storey seniors’ life-lease building are under construction on the site.  Ontario Regulation 169/21 (as amended) exempts the subject lands from site plan approval by using ‘enhanced’ authorities under the Planning Act.  

The subject lands are currently designated in the City’s Official Plan as “Business Park Employment” and “Service Employment” and “Employment -Business Park” and “Employment – Service Employment” in the City’s Comprehensive Zoning By-law 2024-19.

The requested amendment to the MZO seeks to permit 700 units of seniors’ life-lease units in two 38-storey towers above a six-storey parking podium structure as part of the remaining phase of the development on the subject lands. Specifically, the requested amendment seeks to change the:

• Distances between buildings from 11 metres to 11 metres between active facades, 5.5 metres between an active facde and a blank facade, and 0.0 metres between two blank wall facades
• Maximum building heights from 53 metres to 135 metres
• Maximum floor area ratio from 400 per cent to 480 per cent
• Maximum building floor area from 2,100 square metres per storey to 850 square metres per storey above a parking podium
• Minimum setback from 106 metres from the lot line abutting Apple Creek Boulevard to 111 metres and from 135 metres from the lot line abutting Woodbine Avenue to 78 metres.

To help ensure decisions are made in a transparent manner and support government priorities, the Ministry is seeking feedback on whether this request should be considered and any additional information that may help inform a decision.