Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 14, 2021
CASE NO(S).: PL210162
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2706379 Ontario Ltd.
Subject: Request to amend the Official Plan - Failure of the City of Richmond Hill to adopt the requested amendment
Existing Designation: “Neighbourhood”
Proposed Designated: An amendment to the Official Plan to remove the subject lands from the listing of the “Existing Neighbourhood Commercial Site” (in accordance with Appendix 7 of the Official Plan) in order to facilitate the development of the proposed residential development in accordance with the provisions of the “Neighbourhood” designation
Purpose: To permit the construction of a medium density residential development comprised of 19 townhouse dwelling units
Property Address/Description: 12600 Bayview Avenue/ Block 226, Plan 65M-3802
Municipality: City of Richmond Hill
Approval Authority File No.: D01-19004
LPAT Case No.: PL210162
LPAT File No.: PL210162
LPAT Case Name: 2706379 Ontario Limited v. Richmond Hill (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2706379 Ontario Ltd.
Subject: Application to amend Zoning By-law No. 85-02, as amended - Neglect of the City of Richmond Hill to make a decision
Existing Zoning: “Neighbourhood Commercial (NC) Zone”
Proposed Zoning: “Multiple Residential One (RM1) Zone”
Purpose: To permit the construction of a medium density residential development comprised of 19 townhouse dwelling units
Property Address/Description: 12600 Bayview Avenue/ Block 226, Plan 65M-3802
Municipality: City of Richmond Hill
Municipality File No.: D02-19021
LPAT Case No.: PL210162
LPAT File No.: PL210163
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Referred by: 2706379 Ontario Ltd.
Subject: Site Plan
Property Address/Description: 12600 Bayview Avenue
Municipality: City of Richmond Hill
LPAT Case No.: PL210162
LPAT File No.: PL210164
Heard: July 8, 2021 by video hearing (“VH”)
APPEARANCES:
Parties
Counsel
2706379 Ontario Ltd. (“Applicant”)
J. Park
City of Richmond Hill (“City”)
C. Thorne
MEMORANDUM OF ORAL DECISION DELIVERED BY BLAIR S. TAYLOR ON JULY 8, 2021 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal held a Case Management Conference (“CMC”) with regard to an appeal relating to a development proposal for 19 townhouses on the lands known municipally as 12600 Bayview Avenue (“Subject Lands”).
2At the CMC the Tribunal dealt with all matters required by Rule 19 of the Tribunal’s Rules of Practice and Procedure (“Rules”) including: hearing requests for participant status, reviewing a draft Procedural Order and hearing a status update from counsel with a request for a 7-day hearing to be set.
3For the reasons set out below, the Tribunal set down a 6-day hearing commencing on Monday, January 31, 2022 at 10 a.m. by VH.
DECISION
4With consent of the parties, the Tribunal granted participant status to Jane Philip and Shabbir Mandan.
5The Tribunal was advised that City Planning staff had taken a report to City Council in late June 2021 recommending the development proposal in principle. City Council did not accept that report.
6With regard to alternative dispute resolution or Tribunal-led mediation, although the parties had had off-line discussions, there remains one fundamental outstanding issue regarding the commercial use of the Subject Lands and it appears that a hearing may be required to determine that issue.
7The Tribunal was provided with a draft Procedural Order that anticipated a 7-day hearing, but contained no issues from the City.
8In the absence of City issues, the Tribunal inquired of the parties as to their respective lists of anticipated expert witnesses. The Applicant indicated two or three potential witnesses depending on the issues of the City.
9Inasmuch as the City Council had only recently made the above referenced determination, counsel for the City was currently seeking one or two external witnesses and their assistance with the preparation of the City’s issues and he requested two months to be able to provide the City’s issues.
10The Tribunal set a 6-day hearing to commence on Monday, January 31, 2022 at 10 a.m. by VH, as follows:
https://global.gotomeeting.com/join/246159309
Access Code: 246-159-309
11Parties and Participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
12Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: Toll-Free 1-888-455-1389 or +1 (647) 497-9391. The Access Code is 246-159-309.
13Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by VH to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
14The Tribunal directed that the City shall provide its issues to counsel for the Applicant on or before Wednesday, September 8, 2021.
15The Tribunal tasked counsel for the Applicant to coordinate the submission to the Tribunal of the finalized draft Procedural Order, on consent, for consideration by the Tribunal on or before Wednesday, September 15, 2021 and include in that submission whether, with the finalization of the City’s issues, the parties will in fact need all 6 hearing days.
16Counsel for the City requested a hearing date in April 2022 or thereafter as being of assistance for the possible retainer of an expert.
17The Tribunal’s Rule 1.3 directs that the Rules are to be interpreted to offer the best opportunity for a fair, just, expeditious, and cost-effective resolution of the merits of the proceedings.
18In these days of Covid-19 pandemic, the Tribunal’s hearing schedule (which is a limited public resource) must be very carefully managed in order to optimize the Tribunal’s hearing schedule, and the Tribunal does not find it to be fair to the Applicant, nor expeditious, nor cost-effective, to significantly delay a hearing date, to accommodate a request for a potential witness.
19There will be no further notice.
20I am not seized.
21Scheduling permitting, I may be available for case management purposes.
22This is the Order of the Tribunal.
“Blair S. Taylor”
BLAIR S. TAYLOR
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.