Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

July 20, 2021

CASE NO(S).:

PL190576

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

Applicant and Appellant:

Metroview Developments (Garden) Inc.

Subject:

Request to amend the Official Plan - Failure of the City of Richmond Hill to adopt the requested amendment

Existing Designation:

“Richmond Hill Centre”

Proposed Designation:

To maintain the existing “Richmond Hill Centre” designation but permit a maximum density of 4.01 Floor Space Index (FSI) and a maximum height of 20-storeys on a site-specific basis

Purpose:

To permit a mixed-use development comprised of two (2) high-rise residential towers of 13-storeys and 20-storeys connected by a 6-storey podium building with retail and commercial uses at grade

Property Address/Description:

8700 and 8710 Yonge Street/ Part of Lots 1, 2, 3 and 4, Registered Plan 1984, Town of Richmond Hill, Regional Municipality of York

Municipality:

City of Richmond Hill

Approval Authority File No.:

D01-18007

LPAT Case No.:

PL190576

LPAT File No.:

PL190576

LPAT Case Name:

Metroview Developments (Garden) Inc. v. Richmond Hill (City)

PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant:

Metroview Developments (Garden) Inc.

Subject:

Application to amend Zoning By-law No. 2523, as amended, of the former Township of Vaughan – Neglect of application by the City of Richmond Hill

Existing Zoning:

“General Commercial One (GC1) Zone”

Proposed Zoning:

“Residential Multiple Ten Special (RM10-S) Zone” with site-specific development standards in order to facilitate the proposed development

Purpose:

To permit a mixed-use development comprised of two (2) high-rise residential towers of 13-storeys and 20-storeys connected by a 6-storey podium building with retail and commercial uses at grade

Property Address/Description:

8700 and 8710 Yonge Street/ Part of Lots 1, 2, 3 and 4, Registered Plan 1984, Town of Richmond Hill, Regional Municipality of York

Municipality:

City of Richmond Hill

Municipal File No.:

D02-18033

LPAT Case No.:

PL190576

LPAT File No.:

PL190577

Heard:

October 16, 2020 by video hearing

APPEARANCES:

Parties

Counsel

Metroview Developments (Garden) Inc.

Ian Andres

City of Richmond Hill

Carlton Thorne

DECISION DELIVERED BY SUSAN de AVELLAR SCHILLER AND ORDER OF THE TRIBUNAL

1Metroview Developments (Garden) Inc. (“Metroview”) wishes to develop its lands at 8700 and 8710 Yonge Street in the City of Richmond Hill (“City”). In support of that ambition, Metroview has applied for an official plan amendment and an associated zoning by-law amendment. The City did not make a decision on these applications within the statutory time period and Metroview appealed these matters to this Tribunal.

2This was the first Case Management Conference (“CMC”) to deal with these appeals. The Tribunal was advised that the Parties were engaged in discussions but were not ready to proceed with an appropriate Procedural Order (“PO”). Specifically, the City was still considering the applications and had not yet reached a decision on its position. As such, the City could not provide an Issues List for a hearing as yet.

3The one clear item of business that could be dealt with was the request for Participant status brought by Ali Jalali. Mr. Jalali met all the filing requirements to seek Participant status and the Tribunal granted him Participant status in these proceedings.

4The Tribunal determined that little else could be accomplished at this CMC and directed that a status report be filed with the Tribunal, along with a draft PO, in the event that discussions between the Parties did not result in settlement of these matters.

5The Parties eventually filed a status report and advised the Tribunal that discussions had not produced any settlement; the City opposed these applications and the matters would have to go to a disputed hearing.

6The Tribunal has also now received the draft PO for a hearing. Having reviewed the Issues List, the Tribunal is satisfied that no further CMC is needed, and this matter may now be scheduled for a hearing of the merits.

7The Tribunal has scheduled a 12-day video hearing, commencing on Monday, March 14, 2022 at 10 a.m. The PO governing these matters is found at Attachment 1 to this decision. Connection details for the video hearing are found at Attachment 2.

8There will be no further notice for this hearing.

9I am not seized.

ORDER

10The Tribunal orders that Ali Jalali is granted Participant status in these proceedings.

“Susan de Avellar Schiller”

SUSAN de AVELLAR SCHILLER

VICE-CHAIR

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

PL190576 Decision – Attachment 1

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

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

Applicant and Appellant:

Metroview Developments (Garden) Inc.

Subject:

Request to amend the Official Plan - Failure of the City of Richmond Hill to adopt the requested amendment

Existing Designation:

“Richmond Hill Centre”

Proposed Designation:

To maintain the existing “Richmond Hill Centre” designation but permit a maximum density of 4.01 Floor Space Index (FSI) and a maximum height of 20-storeys on a site-specific basis

Purpose:

To permit a mixed-use development comprised of two (2) high-rise residential towers of 13-storeys and 20-storeys connected by a 6-storey podium building with retail and commercial uses at grade

Property Address/Description:

8700 and 8710 Yonge Street/ Part of Lots 1, 2, 3 and 4, Registered Plan 1984, Town of Richmond Hill, Regional Municipality of York

Municipality:

City of Richmond Hill

Approval Authority File No.:

D01-18007

LPAT Case No.:

PL190576

LPAT File No.:

PL190576

LPAT Case Name:

Metroview Developments (Garden) Inc. v. Richmond Hill (City)

PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant:

Metroview Developments (Garden) Inc.

Subject:

Application to amend Zoning By-law No. 2523, as amended, of the former Township of Vaughan – Neglect of application by the City of Richmond Hill

Existing Zoning:

“General Commercial One (GC1) Zone”

Proposed Zoning:

“Residential Multiple Ten Special (RM10-S) Zone” with site-specific development standards in order to facilitate the proposed development

Purpose:

To permit a mixed-use development comprised of two (2) high-rise residential towers of 13-storeys and 20-storeys connected by a 6-storey podium building with retail and commercial uses at grade

Property Address/Description:

8700 and 8710 Yonge Street/ Part of Lots 1, 2, 3 and 4, Registered Plan 1984, Town of Richmond Hill, Regional Municipality of York

Municipality:

City of Richmond Hill

Municipal File No.:

D02-18033

LPAT Case No.:

PL190576

LPAT File No.:

PL190577

PROCEDURAL ORDER

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on request of a party or its own motion.

Organization of the Hearing

2. The video hearing will begin on Monday, March 14, 2022 at 10 a.m., as follows:

GoTo Meeting: https://global.gotomeeting.com/join/918279565

Audio-only telephone line: Toll-Free 1-888-455-1389 or +1 (647) 497-9391

Access Code: 918-279-565

3. The length of the hearing will be twelve (12) days. The Parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues, where possible. The length of the hearing may be shortened as issues are resolved or settlement is achieved.

4. The Parties and Participants identified at the Case Management Conference are set out in Attachment 1 to this Order.

5. The order of evidence is set out in Attachment 2. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

6. The issues are set out in the Issues List attached as Attachment 3. There will be no changes to this list unless the Tribunal permits and a party who asks for changes may have costs awarded against it, except if the Issues List is modified through mediation or pursuant to a settlement between any of the parties.

7. Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website (https://olt.gov.on.ca/tribunals/lpat/).

Requirements Before the Hearing

8. Expert witnesses in the same field shall have a meeting on or before February 4, 2022 and use their best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting, the Parties must prepare and file a Statement of Agreed Facts and Issues with the OLT Case Co-ordinator on or before February 11, 2022 if agreement is reached.

9. All Parties and Participants (or their representatives) shall provide an email address and telephone number to the Tribunal. Any such person who retains a representative (legal counsel or agent) must advise the other Parties and the Tribunal of the representative’s name, email address and phone number.

10. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses, curriculum vitae, and the intended order in which they will be called. This list must be delivered on or before November 5, 2021. For expert witnesses, a party is to include the area of expertise in which the witness is proposed to be qualified. Any challenges to the qualifications of a witness to give opinion evidence in the area of expertise proposed should be made by motion in accordance with the Tribunal’s Rules and notice of same must be served on the other Parties on or before November 12, 2021.

11. An expert witness shall prepare an expert witness statement that shall include: an acknowledgement of expert’s duty form, the area(s) of expertise, any reports prepared by the expert, and any other reports or documents to be relied on at the hearing. Copies of this must be provided to the other parties on or before December 10, 2021. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony. For greater certainty, each expert witness statement must comply with the minimum content requirements specified in Rule 7 of the Tribunal’s Rules of Practice and Procedure. If the expert witness has prepared any report(s) that he/she intends to rely on at the hearing, and which did not form part of the submissions made to the City, such report(s) shall be provided to the other parties at the same time as the delivery of expert witness statements.

12. A participant or lay witness must provide to the Tribunal and to the parties a participant statement or witness statement, as the case may be, on or before December 10, 2021 or the participant/lay witness may not give oral evidence at the hearing.

13. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement, but the party calling them must file a brief outline of this expert’s evidence and his or her area of expertise on or before December 10, 2021.

14. On or before January 21, 2022, Parties may provide to all other parties and the OLT Case Co-ordinator a written response to any written evidence received.

15. On or before February 25, 2022, the Parties shall provide copies of their visual evidence upon which they will rely on to all of the other Parties. If delivered by e-mail or facsimile, hard copies of such evidence shall be provided on the request of any party.

16. The Parties shall cooperate to prepare and cost share a joint document book that shall be shared with the OLT Case Co-ordinator on or before February 25, 2022. The Joint Document Book shall also be served on all parties at that time. One (1) paper copy must be filed with the Tribunal, at a later date before the first day of hearing commences. All parties must be served with the Joint Document Book in paper or an accessible electronic format.

17. Any documents that may be used by a party in cross-examination of an opposing party’s witness shall be password protected and only be accessible to the Tribunal and the other parties if it is introduced as evidence at the hearing, pursuant to the directions provided by the OLT Case Co-ordinator, on or before March 10, 2022.

18. A party wishing to change written evidence, including witness statements, must make a motion to the Tribunal in accordance with the Tribunal’s Rules, unless the parties consent to such change(s). Such a motion shall be in accordance with Tribunal Rules 7 and 10, which requires that the moving party provide copies of the motion to all other parties fifteen (15) days before the Tribunal hears the motion.

19. The Parties shall prepare and file a preliminary hearing plan with the Tribunal on or before February 25, 2022 with a proposed schedule for the hearing that identifies, as a minimum, the Parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The Parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. the parties shall prepare and file a final hearing plan on or before March 10, 2022. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

20. A party who provides the written evidence of a witness to the other parties must have that witness attend the hearing to give oral evidence, unless the Tribunal and the parties are notified at least seven (7) days before the hearing that the written evidence is not part of their record.

21. Documents may be delivered by personal delivery, email (with attachments or through use of an electronic file sharing service), courier, facsimile or registered or certified mail, or otherwise as the Tribunal may direct. The delivery of documents by fax and email shall be governed by the Tribunal’s Rules on this subject. Material delivered by mail shall be deemed to have been received five business days after the date of registration or certification.

22. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rules 17.01 to 17.05 apply to such requests.

23. All filings shall be electronic and, where feasible, exchanged between the parties and provided to the Tribunal in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10 MB in size, or as otherwise directed by the Tribunal. The delivery of documents shall be governed by Rule 7. All documents to be filed with the Tribunal shall be organized, tabbed and digitally searchable and such materials will be filed in accordance with directions contained in the Tribunal’s Video Hearing Guide, dated July 2, 2020, or as may be amended.

This Member is not seized.

So orders the Tribunal.

SUMMARY OF KEY DATES

DATE

EVENT

November 5, 2021

Witness lists (including names, disciplines and order to be called) to be exchanged and filed

December 10, 2021

Witness Statements, Expert Reports and Participant Statements to be exchanged and filed

January 21, 2022

Reply Witness Statements (if any) to be exchanged and filed

February 25, 2022

Visual evidence, document books and preliminary hearing plan to be exchanged and filed

March 14, 2022

Hearing commences

Procedural Order Attachment 1 – List of Parties/Participants

PARTIES

1. Metroview Developments (Garden) Inc.

2. City of Richmond Hill

PARTICIPANTS

1. Ali Jalali

Procedural Order Attachment 2 – Order of Evidence

1. Metroview Developments (Garden) Inc.

2. City of Richmond Hill

3. Metroview Developments (Garden) Inc. (Reply, if any)

Procedural Order Attachment 3 – Issues List

City of Richmond Hill

1. Does the development proposal consisting of Official Plan and Zoning By-law Amendments for the subject lands (collectively the “development proposal”) have regard for the relevant matters of provincial interest enumerated in section 2 of the Planning Act?

2. Is the development proposal consistent with and in conformity with the relevant policies of the Provincial Policy Statement (2020) (the “PPS”) and the Growth Plan for the Greater Golden Horseshoe (2020) (the “Growth Plan”)?

3. Is the development proposal in conformity with the relevant policies in the Regional Official Plan (2010) (the “ROP”)?

4. Does the development proposal maintain the intent and principles of and does it conform with the City’s Official Plan (the “Plan”) as adopted by City Council on July 12, 2010, and as approved by the former Ontario Municipal Board, specifically as it relates to the in-force policies of the Plan respecting:

a. Urban structure framework, including but not limited to Section 3.1.3;

b. Height and density, including but not limited to Section 4.2.1;

c. Angular plane and transition, including but not limited to Sections 4.2.1 and 4.2.2;

d. Parkland dedication, including but not limited to Sections 3.1.8 and 4.2.2;

e. Affordable housing, including but not limited to Section 3.1.5; and,

f. Any other policies related thereto?

5. Pursuant to Policy 4.2.1.2 of the Plan, does the development proposal conform with the land use and design guidelines which have been endorsed by Council as set out in the Richmond Hill Regional Centre Design and Land Use Study Final Recommendations Report, February 2010?

6. Does the development proposal represent an overdevelopment of the site, including but not limited to matters concerning the proposed height and density?

7. Is the development proposal compatible with and does it fit with the existing as well as the planned/potential built form context and character of adjacent and surrounding lands?

8. Does the development proposal provide for an appropriate transition in relation to the existing as well as the planned/potential built form context and character of adjacent and surrounding lands?

9. Has the appropriateness and feasibility of the development proposal been identified and satisfactorily addressed with respect to matters related to transportation, access, parking standards, sanitary servicing capacity, parkland dedication, landscaping and outdoor amenity space, and tree preservation?

10. Have appropriate planning instruments, including zoning regulations and the provision of facilities, services or matters in return for the proposed increase in height and density pertaining to the development proposal, been provided to appropriately address the matters noted above in a manner consistent with good planning?

11. On the basis that the City is currently undertaking the preparation of the Richmond Hill Centre Secondary Plan, is the development proposal appropriate and does it represent good planning?

12. Is the development proposal appropriate and does it represent good planning?

PL190576 Decision – Attachment 2

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

Connection Details for the Video Hearing

1. The video hearing shall commence on Monday, March 14, 2022 at 10 a.m. as follows. The Parties are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:

https://global.gotomeeting.com/join/918279565

Access Code: 918-279-565

2. For the video hearing, all Parties, witnesses or observers 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.

3. Individuals are directed to connect to each of the events on the assigned dates at the correct time. It is the responsibility of the persons participating in the hearing 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.

4. Persons who experience technical difficulties accessing either of the video hearing event using 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 as indicated above.