Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 27, 2022
CASE NO.: OLT-22-003682 (PL190574)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Metroview Developments (Elmwood) Inc.
Subject: Request to amend the Official Plan - Failure of City of Richmond Hill to adopt the requested amendment
Purpose: To permit a 20-storey mixed use building
Property Address/Description: 9929-9939 Yonge St. & 186-188 Church St. S.
Municipality: City of Richmond Hill
Approval Authority File No.: D01-18004
OLT Case No. OLT-22-003682
Legacy Case No.: PL190574
OLT Lead Case No.: OLT-22-003682
Legacy Lead Case No.: PL190574
OLT Case Name: Metroview Developments (Elmwood) Inc. 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: Metroview Developments (Elmwood) Inc.
Subject: Application to amend Zoning By-law No. 66-71 - Refusal or neglect of City of Richmond Hill to make a decision
Purpose: To permit a 20-storey mixed use building
Property Address/Description: 9929-9939 Yonge St. & 186-188 Church St. S.
Municipality: City of Richmond Hill
Municipality File No.: D02-18029
OLT Case No. OLT-22-003683
Legacy Case No.: PL190575
OLT Lead Case No.: OLT-22-003682
Legacy Lead Case No.: PL190574
BEFORE:
BLAIR S. TAYLOR
Friday, the 27th day of May, 2022
MEMBER
THESE MATTERS having initially come on for a public settlement hearing before the Tribunal on September 9, 2021;
AND THE TRIBUNAL having issued its Memorandum of Oral Decision and Interim Order on September 15, 2021, which allowed the appeals in part and approved in principle a revised development proposal for the properties known municipally in the City of Richmond Hill as 9929-9939 Yonge Street and 186-188 Church Street South (the “Property”), subject to certain conditions being satisfied (the “Interim Decision”);
AND THE TRIBUNAL having been provided with the final form of official plan and zoning by-law amendments and confirmation that the conditions set out in the Interim Decision have been sufficiently addressed to the satisfaction of the City’s Commissioner of Planning and Infrastructure and the applicant;
NOW THEREFORE THE TRIBUNAL ORDERS, in accordance with the interim Decision, that:
a) the appeals are allowed, in part;
b) the City of Richmond Hill Official Plan is hereby amended in the form attached hereto as “Schedule 1”; and
c) the City of Richmond Hill Zoning By-law No. 66-71 is hereby amended in the form attached hereto as “Schedule 2”.
“Euken Lui”
EUKEN LUI
ACTING REGISTRAR
Ontario Land Tribunal
Website: 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.
SCHEDULE 1
Richmond Hill Official Plan
Official Plan Amendment 26
The attached schedule and explanatory text constitute Amendment No. 26 to the Richmond Hill Official Plan.
This amendment was approved by the Ontario Land Tribunal in accordance with Sections 17 and 21 of the Planning Act on the 27th day of May, 2022.
Attachment “1”
The Richmond Hill Official Plan is amended as follows:
That Schedule A11 (Exceptions) to the Richmond Hill Official Plan be amended to identify the subject lands as Exception Area Number 31, as shown on Schedule “1” attached
By adding the following to Chapter 6 (Exceptions):
“6.31
Notwithstanding any other provision of this Plan to the contrary, in accordance with Ontario Land Tribunal Decision dated May 27, 2022 (Case No. PL190574), for the lands known as Lots 35 and 36 and Part of Lots 11 and 12 Registered Plan 2383 municipally known as 9929, 9935 and 9939 Yonge Street and 186 and 188 Church Street South and shown as Exception Area Number "31" on Schedule A11 (Exceptions) to this Plan, the following shall apply:
a) It is intended that the subject lands be developed in the form of a high density mixed use residential/commercial building, with a maximum gross floor area of 18,474 square metres (198,852.5 square feet);
b) The maximum density permitted on the subject lands shall be 5.1 FSI (Floor Space Index) based on a lot area of 3,655 square metres (39,347.47 square feet);
c) The maximum building height permitted on the subject lands shall be 21 storeys; and,
d) Section 4.3.1.2.10 a) shall not apply to the subject lands.
SCHEDULE 2
The Corporation of the City of Richmond Hill
By-law 2-21
A By-law to Amend By-law 66-71, as amended of
The Corporation of the City of Richmond Hill
Now Therefore the Ontario Land Tribunal approves as follows:
- That By-law 66-71 as amended of The Corporation of the City of Richmond Hill be and is hereby further amended as follows:
a) by rezoning those lands shown on Schedule “A” of this By-law 2-21 (the “Lands”) to “Residential Multiple Sixth Density (RM6) Zone” under By-law 66-71; and,
b) by adding the following to Section 11 - Exceptions
“11.154
Notwithstanding any inconsistent or conflicting provisions of By-Law 66-71 of the Corporation, as amended, the following special provisions shall apply to the Lands zoned “Residential Multiple Sixth Density (RM6) Zone” and more particularly shown as “RM6” on Schedule “A” to By-law 2-21 and denoted by a bracketed number (11.154) (the “Lands):
i) PERMITTED USES
Permitted Uses shall be as follows:
Dwelling, Apartment(1)
Offices(2)
STORE, Retail(2)
Restaurant (2)
Notes:
(1) No dwelling unit shall be permitted to front on or face Yonge Street on the ground floor of a building.
(2) Non-residential uses shall only be permitted along Yonge Street.
ii) DEVELOPMENT STANDARDS(1) (2) 3)
The following development standards shall apply:
The Lands shown on Schedule “A” shall be deemed to be a Lot.
Minimum Front Yard: 2.0 metres (6.56 feet)
Minimum Side Yard (North) 0.4 metres (1.31 feet)
Minimum Exterior Side Yard: 1.5 metres (4.92 feet)
Minimum Rear Yard: 5.0 metres (16.40 feet)
Maximum Floor Space Index: 5.1 FSI
Maximum Building Height: 21 storeys or 66.5 metres (218.17 feet) excluding the Mechanical Penthouse or parapet which shall not exceed 6.0 metres (19.69 feet) in height
Maximum Gross Floor Area: 18,474 square metres (198,852.5 square feet)
Amenity space: 2.0 square metres (21.53 square feet) per dwelling unit for each dwelling unit
The provisions of Section 6.9.2 shall not apply.
Notes:
(1) The first storey (ground floor) is permitted to have a maximum height of 7.75 metres (25.42 feet).
(2) For the purposes of calculating maximum FLOOR SPACE INDEX, the LOT AREA shall be deemed to be 3,655.5 square metres regardless of any conveyances for road widening purposes, dedications or severances.
(3) The following encroachments shall be permitted:
| Structure | Yards In Which Projections are Permitted | Maximum Projections Into A Required Yard |
|---|---|---|
| Balconies | Front Yard | 2 metres (6.56 feet) |
| Balconies | Exterior Side Yard | 1.5 metres (4.92 feet) |
| Steps and Terraces | Rear yard | 2 metres (6.56 feet) |
iii) PARKING
The number of Parking SpaceS shall be calculated in accordance with the following standards:
Residential Uses (minimum)(1):
1 Bedroom unit less than 55.7 0.7 spaces per unit square metres (600 square feet)
1 Bedroom unit greater than 55.7 0.8 spaces per unit square metres (600 square feet)
2 Bedroom unit 0.9 spaces per unit
3 Bedroom unit/ground 1.0 spaces per unit floor Apartment Dwellings
Visitor 0.15 spaces per unit
Commercial Uses (minimum):
Commercial Uses up to 2 spaces 320 square metres (3,444.5 square feet) of Gross Floor Area
Commercial Uses greater than 2.8 spaces per 100 square 320 square metres metres (3,444.5 square feet) of Gross Floor Area
Restaurant Uses 3.0 spaces per 100 square metres
Minimum Driveway Width 6.0 metres (19.69 feet)
Minimum Aisle Width 6.0 metres (19.69 feet)
Notes:
(1) Compact Car Spaces may account for up to ten percent (10%) of all required residential parking, provided the spaces are permanently designated by signs as being for use by compact cars only.
iv) DEFINITIONS
For the purposes of this by-law, the following Definitions shall apply:
AMENITY SPACE means outdoor space on a LOT that is communal and available for use by the occupants of a BUILDING on the LOT for recreational or social activities.
DWELLING, APARTMENT Means a BUILDING or STRUCTURE containing five (5) or more dwelling units all of which have a common external access to the building by means of a common corridor system and/or direct exterior access for residential units.
FLOOR AREA Means the total horizontal area of all floors in a BUILDING.
FLOOR SPACE INDEX (FSI) Means the maximum gross floor area of all buildings on a lot expressed as a ratio or multiple of the lot area and for the purposes of this definition the maximum floor space index in each zone shall apply only to that portion of such lot which is location within said zone.
GROSS FLOOR AREA Means the aggregate of the FLOOR AREAS of a BUILDING, measured between the exterior faces of exterior walls of the BUILDING at each floor level but excluding BASEMENT, MECHANICAL PENTHOUSE, loading areas, a PARKING STRUCTURE, elevator shaft, stairwell, mechanical or electrical rooms, and any space with a floor to ceiling height of less than 1.8 metres (5.91 feet).
Mechanical Penthouse Means the rooftop floor area above the livable area of a building that is used exclusively for the accommodation of stairwells and/or mechanical equipment necessary to physically operate the building such as heating, ventilation, air conditioning, electrical, telephone, plumbing, fire protection and elevator equipment and includes walls and structures intended to screen the mechanical penthouse equipment.
OFFICE Means a BUILDING or part of a BUILDING used for conducting the affairs of business, professions, services, industries, governments, or like activities, in which the chief product of labour is the processing of information rather than the production and distribution of goods.
PARKING SPACE means an area set aside for the purpose of parking of a vehicle that is free and clear of any encroachments. Minimum dimensions, shall be as follows:
Standard Parking Space: 5.8 metres (19.03 feet) (L) x 2.6 metres (8.53 feet) (W)
Compact Car Space: 5.8 metres (19.03 feet) (L) x 2.4 metres (7.87 feet) (W)
PARKING STRUCTURE Means a BUILDING or part thereof used for the storage or parking of a VEHICLE, which can be above or below GRADE.
RESTAURANT Means a BUILDING or STRUCTURE or part thereof whose principal business is the preparation and servicing of food and refreshments to the public for consumption within the BUILDING or STRUCTURE, but does not include a drive-in RESTAURANT, Take-Out Restaurant or Fast Food Restaurant.
v) SECTION 37
a) Pursuant to Section 37.1 of the Planning Act, in conjunction with Section 37 of the Planning Act as it read on September 17, 2020, the density and height of the development set out herein is permitted subject to the provision, by the Owner of the Lands, of the facilities, services or matters set out in this subsection, the provision of which shall be secured by an agreement or agreements pursuant to Section 37(3) of the Planning Act as it read on September 17, 2020 in a form satisfactory to the City of Richmond Hill. The Owner of the Lands, at the Owner’s expense and in accordance with, and subject to the agreement or agreements referred to above, shall provide or fund the following facilities, services and/or matters on terms satisfactory to the City, in order to permit the increase in height and density authorized under this exception regulation:
The Owner shall make a monetary contribution to the City in the amount of NINE HUNDRED THOUSAND DOLLARS ($900,000.00) toward the design, construction, completion and provision of a new linear park, intended to be an urban square, on the lands owned by the City approximately one block to the south of the Lands, or towards such alternative community benefit as approved by the City up to an equal amount, as the City determines in its sole and absolute discretion, all in a form satisfactory to the City.
b) The agreement or agreements referred to in Paragraph (a) above shall be registered on title to the Lands by the Owner prior to the City entering into and executing a Site Plan Agreement with the Owner, pursuant to Section 41 of the Planning Act.
All other provisions of By-law 66-71 as amended, not inconsistent with the foregoing, shall continue to apply to the Lands shown on Schedule “A” attached hereto.
The imperial measurements found in this by-law in brackets are provided for information purposes only and are intended to be an approximate conversion of the metric measurements. The metric or SI measurements shall be deemed to be the standards established by this by-law and, wherever there is a variance between the metric or SI measurements and the imperial measurements, the metric or SI measurement shall apply.
Schedule “A” attached to By-law 2-21 is declared to form a part of this by-law.
The Corporation of The City Of Richmond Hill
Explanatory Note to By-Law 2-21
By-law 2-21 affects the Lands described as Lots 35 and 36 and Part of Lots 11 and 12 Registered Plan 2383, municipally known as 9929, 9935 and 9939 Yonge Street and 186 and 188 Church Street South.
By-law 66-71, as amended zones the subject lands “General Commercial One (GC1) Zone” and “Residential Second Density (R2) Zone”.
By-law 2-21 will have the effect of rezoning the subject lands shown on Schedule “A” to “Residential Multiple Sixth Density (RM6) Zone” under By-law 66-71, as amended with site specific development standards to facilitate the development of a 21 storey high density mixed-use residential/commercial development on the subject lands.