For lands municipally known as 110982, 11120, and 11274 Highway 48, City of Markham Ordered under section 47 of the Planning Act

As permitted by section 47 of the Planning Act, for lands in the City of Markham in the Region of York, in the Province of Ontario as described in Appendix “A” (the “subject lands”), I hereby order that:

1. Condition

  1. This order is subject to the following condition for the purposes of subsection 47(1.0.1) of the Planning Act:

    1. A binding agreement has been executed between the municipality and the owner(s) of the subject lands regarding the conveyance of land to the municipality for:
      1. park and public recreational purposes, and
      2. the installation of sanitary, water, stormwater management and road infrastructure.

2. Definitions

  1. In this order,

    “zoning by-law” means zoning by-law no. 2024-19 of the City of Markham.

3. Municipal services

  1. No person may use the subject lands or erect or use buildings or structures on those lands unless the following conditions respecting municipal services are met:
    1. New public or private streets required for the erection or use of a building or structure shall be constructed to a minimum of base curb and base asphalt or concrete and shall be connected to an existing public highway.
    2. Municipal water mains and sewers, and their appurtenances, that are required for the erection or use of a building or structure shall be installed and operational before the use or erection begins.

4. Permitted uses

  1. Every use of land and every erection, location, or use of any building or structure is prohibited on the lands identified as Residential Low Rise Two A (RES-LR2 A) Zone and Residential Low Rise Two B (RES-LR2 B) Zone in Appendix “A”, except for the following uses:
    1. The uses identified for the Residential Low Rise Two (RES-LR2) Zone in Table 6.3.4.1 of the zoning by-law.
    2. Townhouse dwellings.
    3. Back to back townhouse dwellings.
    4. Public uses.
    5. Retail stores.
    6. Personal service establishments.
    7. Child care centres.
    8. Non-profit private clubs.
    9. Public parks.
    10. Public schools.
  2. Every use of land and every erection, location, or use of any building or structure is prohibited on the lands identified as Residential Low Rise Two A (RES-LR2 A) Zone and Residential Low Rise Two B (RES-LR2 B) Zone in Appendix “A”, except for the following uses:
    1. The uses identified for the Residential Mid Rise One (RES-MR1) Zone in Table 6.3.11.1 of the zoning by-law.
    2. Townhouse dwellings.
    3. Back to back townhouse dwellings.
    4. Art galleries.
    5. Artist studios.
    6. Business offices.
    7. Child care centres.
    8. Commercial schools.
    9. Personal service establishments.
    10. Non-profit private clubs.
    11. Restaurants.
    12. Retail stores.
    13. Fitness centres, studio.
    14. Service and repair establishments.
  3. Every use of land and every erection, location, or use of any building or structure is prohibited on the lands identified as Open Space – Public (OS-PU) Zone in Appendix “A”, except for the following uses:
    1. The uses identified for the Open Space – Public (OS-PU) Zone in Table 11.3.1.1 of the zoning by-law.
    2. Non-profit private clubs.
  4. Model homes and temporary sales offices are permitted in all zones in accordance with section 4.9.5 of the zoning by-law.

5. Zoning requirements

  1. The zoning requirements set out for the Residential Low Rise Two (RES-LR2) Zone in Table 6.3.4.2 of the zoning by-law apply to the uses set out in subsection 4(1) with the following exceptions:
    1. Retail stores, personal service establishments, child care centres, and non-profit private clubs shall only be permitted within a heritage building.
    2. The zoning requirements set out in Table 6.3.5.2 of the zoning by-law apply to townhouse dwellings not accessed by a lane.
    3. The zoning requirements set out in Table 6.3.6.2 of the zoning by-law apply to detached dwellings and semi-detached dwellings accessed by a lane.
    4. The zoning requirements set out in Table 6.3.7.2 of the zoning by-law apply to townhouse dwellings accessed by a lane.
    5. The zoning requirements set out in Table 6.3.13.2 of the zoning by-law apply to back to back townhouse dwellings.
    6. The zoning requirements set out in Table 6.3.10.2 of the zoning by-law apply to public schools.
    7. Despite paragraph (b) of subsection 5(1), the minimum required lot frontage for the uses permitted in paragraph (b) of subsection 4(1) is 5.5 metres per unit on an interior lot, 6.7 metres for an end unit on an interior lot, and 7.9 metres for an end unit on a corner lot.
    8. Despite paragraph (d) of subsection 5(1), where there is an attached or detached private garage, the minimum required lot frontage for the uses permitted in paragraph (c) of subsection 4(1) is 4.5 metres per unit on an interior lot, 5.7 metres for an end unit on an interior lot, and 6.9 metres for an end unit on a corner lot.
    9. Despite subsection 5(1) and paragraph (b) of subsection 5(1), the minimum required rear yard on a lot not accessed by a lane is 6.0 metres.
    10. Despite subsection 5(1) and paragraph (b) of subsection 5(1), the maximum garage door width on a lot that is not accessed by a lane with a lot frontage less than 11.6 metres is 5.7 metres.
    11. Despite sections 5.3.2 f) and g) of the zoning by-law, for a lot that is not accessed by a lane with a lot frontage less than 11.6 metres, the minimum and maximum driveway width is equal to the garage door width.
    12. Despite paragraph (d) of subsection 5(1), if a private garage is attached, the minimum rear yard is 0.6 metres for the first storey, and 2.4 metres for every storey above the first storey.
    13. Despite subsection 5(1) and paragraphs (b), (c), (d) and (e) of subsection 5(1), the maximum height is 13.5 metres.
    14. Despite subsection 5(1) and paragraphs (b), (c), (d) and (e) of subsection 5(1), the minimum outdoor amenity area is 5 metres per dwelling unit.
    15. Despite any provision identified in section 4.5 of the zoning by-law, the minimum setback for buildings, structures, fences, walls, driveways, parking pads or other hard surfaces, and vegetative planting or landscaping from a sight triangle is 0.1 metres.
    16. Stairs are permitted to encroach into an interior side yard provided that no part of a stair is located closer than 0.6 metres from an interior side lot line.
    17. The maximum height of a porch floor above the average grade level of the porch is 1.6 metres.
    18. Despite any provision identified in Table 4.8.8 (d) of the zoning by-law, a bay window shall be permitted to have a foundation.
    19. The maximum number of dwellings in the Residential Low Rise Two A (RES-LR2 A) Zone exclusive of additional dwelling units is 1,750.
    20. Despite any setback provision identified in this order, the minimum setback from the edge of the TransCanada PipeLines Limited (TCPL) right-of-way for permanent buildings or structures, parking areas, loading areas, parking spaces, loading spaces, stacking spaces, bicycle parking spaces and any associated drive aisle or driveway is 7 metres.
    21. All accessory buildings or structures shall be located a minimum of 3 metres from the edge of the TransCanada PipeLines Limited (TCPL) right-of-way.
  2. The zoning requirements set out for the Residential Mid Rise One (RES-MR1) Zone in Table 6.3.11.2 of the zoning by-law, along with any Special Use Provisions in Table 6.3.11.1 of the zoning by-law, apply to the uses set out in subsection 4(2) with the following exceptions:
    1. Highway 48 shall be deemed to be the front lot line.
    2. The minimum setback between buildings is 3 metres.
    3. The maximum lot frontage does not apply.
    4. The minimum rear yard is 3 metres.
    5. The minimum setback from any lot line for a parking garage, where no more than 1 metre of the parking garage is above average grade level, is 0.1 metres.
    6. The minimum outdoor amenity area is 5 square metres per dwelling unit.
    7. Architectural features such as window wells are permitted to encroach a maximum of 1.8 metres into a required yard provided they are set back a minimum of 0.1 metres from a lot line.
    8. The floor of any porch that is located between a wall of the main building and any lot line that serves as the boundary of a street shall have a depth of at least 1.2 metres, and the requirements in section 4.8.10.1 c) of the zoning by-law shall not apply to such a porch.
    9. The maximum number of dwelling units exclusive of additional dwelling units is 1,500.
    10. A minimum of 1 parking space per dwelling unit is required.
    11. A minimum of 0.15 visitor parking spaces per dwelling unit is required.
    12. The zoning requirements set out in subsection 5(1) apply to townhouse dwellings accessed by a lane.
    13. Townhouse dwellings may be accessed by a private street.
    14. Special Use Provision (1) of Table 6.3.11.1 of the zoning by-law shall not apply to the uses set out in subsection 4(2).
  3. The zoning requirements set out for the Open Space – Public (OS-PU) Zone in Table 11.3.1.2 of the zoning by-law, along with any Special Use Provisions in Table 11.3.1.1 of the zoning by-law, apply to the uses set out in subsection 4(3).
  4. Despite any other section in this order, the minimum contiguous area for a public park in the Open Space – Public (OS-PU) Zone is 16 hectares.

6. Implementation provisions

  1. This order is deemed for all purposes, except the purposes of section 24 of the Planning Act, to be a by-law passed by the council of the City of Markham.
  2. This order comes into force on the day it is made.

In-effect date

Dated at Toronto this 30 day of January, 2026.

Original signed by Hon. Robert J. Flack, Minister of Municipal Affairs and Housing

Original zoning order and appendix A

View the signed original, including map of the subject lands.