ISSUE DATE: June 28, 2022
CASE NO.:
OLT-22-003980
(PL180314)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant (jointly):
2515756 Ontario Inc. and Joey Falvo
Subject:
Request to amend the Official Plan - Failure to adopt the requested amendment
Description:
To permit the development of 56 stacked townhouses located on the Gamble Road property and a 10-storey residential building with 114 units located at the southwest corner of Yonge Street and Gamble Road
Property Address:
11488 Yonge Street and 49 Gamble Road
Municipality:
City of Richmond Hill
Approval Authority File No.:
D01-14003
OLT Case No.
OLT-22-003980
Legacy Case No.:
PL180314
OLT Lead Case No.:
OLT-22-003980
Legacy Lead Case No.:
PL180314
OLT Case Name:
Falvo 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 (jointly):
2515756 Ontario Inc. and Joey Falvo
Subject:
Application to amend Zoning By-law - Refusal or neglect to make a decision
Description:
To permit the development of 56 stacked townhouses located on the Gamble Road property and a 10-storey residential building with 114 units located at the southwest corner of Yonge Street and Gamble Road
Property Address:
11488 Yonge Street and 49 Gamble Road
Municipality:
City of Richmond Hill
Municipality File No.:
D02-14014
OLT Case No.
OLT-22-003982
Legacy Case No.:
PL180315
OLT Lead Case No.:
OLT-22-003980
Legacy Lead Case No.:
PL180314
BEFORE:
D. CHIPMAN
Tuesday, the 28th day
MEMBER
of June, 2022
THESE MATTERS having initially come on for a public settlement hearing before the Tribunal on November 2, 2020;
AND THE TRIBUNAL having issued its Decision and Interim Order on November 9, 2020, which allowed the appeals in part and approved in principle a development proposal for the properties known municipally in the City of Richmond Hill as 11488 Yonge Street and 49 Gamble Road (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 “Attachment 1”; and
c) the City of Richmond Hill Zoning By-law No. 2523 and 109-87, all as amended, is hereby further amended in the form attached hereto as “Attachment 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.
Amendment 24
to the Richmond Hill Official Plan
Richmond Hill Official Plan
Official Plan Amendment 24
The attached schedule and explanatory text constitute Amendment No. 24 to the City of Richmond Hill Official Plan.
This amendment was approved by the Local Planning Appeal Tribunal in accordance
with Sections 17 and22 of the Planning Act on the day of ,2020.
Part One - The Preamble is not a part of the Amendment.
Part Two - The Amendment, consisting of text and maps, constitutes Amendment 24 to the Richmond Hill Official Plan.
Part One - The Preamble
1.1 Purpose
The purpose of this Amendment to the City of Richmond Hill Official Plan is to amend Section 6 in order to provide site specific policies related to 11488 Yonge Street and 49 Gamble Road and to amend Schedule A11 to add the Exception Area 30 to the Schedule. The proposed development combines the sites into a single development parcel that includes a tributary creek area that separates the two proposed development areas of the site.
The eastern portion of the site is designated Regional Mixed Use Corridor, the western part of the site is designated Neighbourhood and the centre part of the site is designated Natural Core within the City of Richmond Hill Official Plan, as shown on Schedule A2. of the City of Richmond Hill Official Plan.
This amendment provides site specific provisions for a density of 4.99 FSI for 11488 Yonge Street (east part of the site) and 129.3 units per hectare (52 units per acre) for 49 Gamble Road (west part of the site). The maximum proposed height for the Yonge Street portion of the site is 10 storeys and for the Gamble Road portion of the site is 4 storeys. This amendment will permit the development of one residential apartment building along the Yonge Street frontage at the southwest comer of the arterial road (Gamble Road) and the Yonge Street Corridor and a 4 storey stacked townhouse development with three buildings (Blocks) to be located within the Neighbourhood designation fronting onto the arterial road (Gamble Road).
1.2 Location
The lands affected by this Amendment are legally described as Part of Block A and all of Block B, Registered Plan 4667 (Municipal Addresses: 11488 Yonge Street and 49 Gamble Road). The lands are located on the west side of Yonge Street, south of Gamble Road, and are shown on Schedule "1" attached hereto.
1.3 Basis
The proposed amendment is considered appropriate in accordance with the reasons provided by the Local Planning Appeal Tribunal in its Decision dated
(Case No. PL180314).
Part Two - The Amendment
2.1 Introduction
All of this part of the document entitled Part Two - The Amendment, consisting of the following text and the attached schedule designated as Schedule "1", constitute Amendment 24 to the Richmond Hill Official Plan.
2.2 Details of the Amendment
The Richmond Hill Official Plan is amended as follows:
2.2.1 That Schedule A11 (Exceptions) to the Richmond Hill Official Plan be amended to identify the subject lands as Exception Area Number 30, as shown on Schedule "1" attached.
2.2.2 By adding the following to Chapter 6 (Exceptions): "6.30
Notwithstanding any other provIsIon of this Plan to the contrary, in accordance with Local Planning Appeal Tribunal Decision dated
(Case No. PL180314) for the lands known as Part of Block A and all of Block 8, Registered Plan 4667 (Municipal Addresses: 11488 Yonge Street and 49 Gamble Road) and shown as Exception Area Number 30 on Schedule A11 (Exceptions) to this Plan, the following shall apply:
a. The lands designated "Neighbourhood" on Schedule "A" shall permit three 3 to 4-storey stacked townhouse buildings with a maximum gross floor area of 6,400 square metres (68,891.28 square feet) and a maximum density of 129.3 units per hectare (52 units per acre); and,
b. The lands designated "Regional Mixed Use Corridor" on Schedule "A" shall permit one 10-storey apartment building, with a maximum gross floor area of 13,300 square metres (143,164.69 square feet) and a maximum FSI of 4.99.
RIVE
i
AMENDMENT No. 24 TO THE
OFFICIAL PLAN OF THE RICHMOND HILL PLANNING AREA SCHEDULE 1
LAND USE PLAN
NOTE: THIS SCHEDULE FORMS PART OF AMENDMENT No. 24 TO THE OFFICIAL PLAN OF THE RICHMOND HILL PLANNING AREA
AND MUST BE READ IN CONJUNCTION WITH THE WRITTEN TEXT
N
,.L..E..G..E.ND
1• Area affected by this amendment
j
Natural Core Natural Linkage
Regional Mixed Use Corridor Neighbourhood
FILE No. 001-14003
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DEPARTMENJ
The Corporation of the City of Richmond HIii
By-law 135-20
A By-law to Amend By-law 2523, as amended, of The Corporation of the former Township of Vaughan and
By-law 190-87, as amended, of
The Corporation of the City of Richmond Hill Now Therefore the Ontario Land Tribunal hereby approves as follows:
That By-law 2523, as amended, of the former Township of Vaughan ("By-Law 2523"), be and hereby is further amended by removing those lands shown on Schedule "A" to this By-law 135-20 (the "Lands") and any provisions of By-law 2523, as amended, that previously applied to the Lands shall no longer apply to the Lands.
That By-law 190-87, as amended, of the Corporation of the City of Richmond Hill ("By-law 190-87"), be and hereby is further amended as follows:
a) by expanding the area of By-law 190-87 to include the Lands;
b) by rezoning the Lands from "Rural Residential {RR) Zone· to "Residential Multiple Family One (Hold) (RM1(H)) Zone" and "Flood (Hold) (F{H)) Zone" as shown on Schedule "A" to this By-law 135-20;
c) by rezoning the Lands from "Commercial Urban Fringe {C-UF) Zone" to "Residential Multiple Family Two (Hold) (RM2(H)) Zone" and "Flood {Hold) (F(H)) Zone· as shown on Schedule "A" to this By-law 135-20;
d) DEFINITIONS
For the purposes of this by-law, the following Definitions shall apply to the Lands as shown on Schedule "A" to this By-law 135-20:
AMENITY SPACE
Means outdoor space, including outdoor landscaped open 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.
COMMERCIAL USE
Means the use of land, buildings, or structures for the purpose of buying or selling commodities and supplying of services, including personal service uses provided to the public, or where entertainment is offered for gain or profit. However, Commercial Use shall exclude automobile service stations, gas bars, gas bar convenience retail stores, motor vehicle lubrication establishments, motor vehicle washing establishments, auto body repair shops, repair shops for internal combustion engines, motorized vehicles or similar uses, and public garages.
DWELLING, STACKED TOWNHOUSE
Means a building containing at least three (3) dwelling units, each dwelling unit being separated from the other vertically and horizontally and having an independent external access.
FLOOR AREA
Means the total horizontal area of all floors in a building.
FLOOR AREA, GROSS
Means the aggregate of the floor areas of a building measured between the exterior faces of the exterior walls of the building at each floor level but excluding basement, mechanical penthouses, loading areas, a parking structure, elevator shaft, stahwell, mechanical or electrical rooms, and any space with a floor to ceiling height of less than 1.8 metres.
FLOOR SPACE INDEX
Means the maximum gross floor area of all buildings on a lot expressed as a ratio or multiple of the lot area.
HOME OCCUPATION
Means an economic enterprise operated within a dwelling unit, incidental and secondary to the residential use.
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 and equipment.
e) ENCROACHMENT PROVISIONS
Notwithstanding the encroachment provisions in Section 5.12 of the By-law:
i) Open or roofed porches may encroach into the required FRONT and
REAR YARDS to a maximum of 2.0 metres (6.56 feet).
ii) Stairs used to access a deck or a porch or an entry element shall be setback at least 0.45 metres (1.48 feet) from any lot line.
iii) Balconies are pennitted to encroach 1.0 metre (3.28 feet) into any yard.
f) MINIMUM LANDSCAPING ALONG ARTERIAL ROADS
LANDSCAPING abutting Gamble Road shall be a minimum of 2.0 metres (6.56 feet) in depth and abutting Yonge Street shall be a minimum of 3.0 metres (9.84 feet) in depth. Notwithstanding the definition of LANDSCAPING, where porches encroach into the yard abutting Gamble Road, they shall be included as part of the landscaped area.
g) by adding the following to Section 10 - Exceptions "10.93
Notwithstanding any inconsistent or conflicting provision of By-law 190-87, as amended, the following special provisions shall apply to the lands zoned "Residential Multiple Family One (Hold) (RM1(H)) Zone" and more particularly shown as "RM1(H)" on Schedule "A" to By-law 135-20 and denoted by a bracketed number (10.93):
i) PERMITTED USES
Pennitted uses shall be as follows:
STACKED TOWNHOUSE DWELLING HOME OCCUPATION
ii) DEVELOPMENT STANDARDS
The following development standards shall apply:
a) Maximum Number of BUILDINGS
b) Maximum BUILDING HEIGHT (1)(2)
c) Minimum LOT AREA
d) Maximum GROSS FLOOR AREA
e) Maximum LOT COVERAGE
f) Minimum AMENITY SPACE
3
4 STOREYS, but no greater than 15.3 metres 4,000.0 square metres
(43,057.05 square feet)
6,400.0 square metres
(68,891.28 square feet)
35%
340.0 square metres (3,659.85 square feet)
The minimum YARDS shall be required in accordance with the following, where the LOT LINES are as shown on Schedule ·e· attached hereto:
a) LOT LINE "A"
b) LOT LINE "8"
c) LOT LINE "C"(3)
d) LOT LINE "D"
3.2 metres (10.50 feet)
4.0 metres (13.12 feet)
2.0 metres (6.56 feet)
1.2 metres (3.94 feet)
A minimum distance separation between MAIN BUILDINGS shall be required In accordance with the following, where the MAIN BUILDINGS are shown on
Schedule ·c·attached hereto:
a) Block 1 and 2
b) Block 2 and Block 3
2.6 metres (8.53 feet)
10.3 metres {33.79 feet)
Notes:
(1) The maximum BUILDING HEIGHT for a DWELLING UNIT along Lot Line
•c·as shown on Schedule ·e·shall be 3 STOREYS.
(2) Open or roofed constructions, roof access and mechanical spaces or rooms shall be permitted to a maximum of 2.75 metres above the height of a STACKED TOWNHOUSE DWELLING UNIT and shall not occupy more than 20% of the rooftop floor area.
(3) The minimum SETBACK shall be 3.5 metres (11.48 feet) for a
DWELLING UNIT fronting onto Royal Chapin Crescent. ii,) PARKING STANDARDS
The number of PARKING SPACES shall be calculated in accordance with the following standards:
STACKED TOWNHOUSE DWELLING:
Visitor Parking: Bicycle spaces:
1.0 space per DWELLING UNIT
0.15 spaces per DWELLING UNIT
0.6 spaces per DWELLING UNIT"
h) by adding the following to Section 10 - Exceptions "10.94
Notwithstanding any inconsistent or conflicting provision of By-law 190-87, as amended, the following special provisions shall appfy to the lands zoned "Residential Multiple Family Two (Hotd) (RM2(H)) Zone" and more particularly shown as "RM2(H)" on Schedule ·A to By-law 135-20 and denoted by a bracketed number (10.94):
i) PERMITTED USES
Permitted Uses shall be as follows:
APARTMENT DWELLING HOME OCCUPATION COMMERCIAL USE
ii) DEVELOPMENT STANDARDS
The following development standards shall apply (1)(2):
a) Minimum COMMERCIAL GROSS FLOOR AREA 100.0 square metres
(1,076.43 square feet) along the Yonge Street frontage
b) Maximum BUILDING HEIGHT
c) Minimum LOT AREA
d) Maximum GROSS FLOOR AREA
e) Maximum FLOOR SPACE INDEX (FSI)
f) Maximum LOT COVERAGE
g) Minimum AMENITY SPACE
10 STOREYS, but no greater than 36.1 metres 2,600.0 square metres
(27,987.08 square feet)
13,300.0 square metres
(143,164.69 square feet)
4.99
46%
2.0 square metres {21.53 square feet) per DWELLING UNIT
The minimum YARDS shall be required in accordance with the following, where the LOT LINES are shown on Schedule "B" attached hereto:
a) LOT LINE "E"
b) LOT LINE "F"
c) LOT LINE "G"
d) LOT LINE "H"
2.0 metres (6.56 feet)
1.2 metres (3.94 feet)
3.0 metres (9.84 feet)
1.4 metres (4.59 feet)
Notes:
(1) For the purposes of calculating the maximum FLOOR SPACE INDEX, the maximum GROSS FLOOR AREA. and the maximum LOT COVERAGE, the LOT area shall be deemed to be 2,667.0 square metres (28,708.29 square feet), regardless of any conveyances for road widening purposes, dedications or severances.
(2) Notwithstanding the maximum BUILDING HEIGHT, and minimum BUILDING SETBACKS, the following encroachments above the specified HEIGHTS and SETBACKS shall be permitted:
a} MECHANICAL PENTHOUSES, to a maximum height of 6.0 metres (19.69 feet).
b) Bay windows and sills, railings, cornices, wall-mounted lighting fixtures, awnings, canopies, columns, eaves, guardrails, balustrades, privacy screens, trellises, gazebos, shade structures, screen walls, ornamental and architectural features, landscape structures and features, mechanical equipment, mechanical screens, balconies and columns, to a maximum HEIGHT and projection of 2.25 metres (7.38 feet).
c) Parapets, to a maximum HEIGHT of 1.4 metres (4.59 feet).
iii) PARKING AND LOADING STANDARDS
The number of PARKING SPACES shall be calculated in accordance with the following standards (1)(2)(3):
One (1) Bedroom DWELLING UNIT: Two (2) Bedroom DWELLING UNIT: Three (3) Bedroom DWELLING UNIT: Visitor Parking:
0.9 spaces per DWELLING UNIT
1.0 space per DWELLING UNIT
1.1 spaces per DWELLING UNIT
0.15 spaces per DWELLING UNIT
Bicycle spaces: 0.6 spaces per DWELLING UNIT
COMMERCIAL and RESTAURANT Uses: 4.3 spaces per
100.0 square metres Minimum PARKING SPACE width: 2.7 metres (8.86 feet) Minimum number of LOADING SPACES: 1.0 space
Notes:
(1) Above grade parking shall only be permitted at the rear or side of an
APARTMENT DWELLING.
(2) No loading or service areas shall be permitted to face Yonge Street.
(3) If COMMERCIAL USES exceed 500.0 square metres (5,382.13 square feet), 2.0 LOADING SPACES shall be required:
i) by adding the following to Section 10 - Exceptions
"10.95 Where a zone symbol on the attached Schedule "A" is followed by the bracketed letter "H", the bracketed letter indicates that the lands to which it applies have been placed in a Holding (H) Zone in accordance with the provisions of Section 36 of the Planning Act and the City of Richmond Hill Official Plan (2010). No development shall occur on the lands to which the Holding (H) Zone symbol applies, until the Holding (H) Zone symbol has been removed by City Council. The "H" Holding Zone symbol may be lifted from the lands to which it applies once City Council has been advised that the Owner has, at no cost or expense to the City, conveyed to the City free and clear of all encumbrances (including charges or mortgages) that portion of the Lands that contains the Tributary of the Rouge River and its environs (i.e. adjacent environmental lands associated with the stream, wetland, significant valleyland, hazardous lands and associated minimum vegetation protection zones/buffers), all to the satisfaction of the Commissioner of Planning and Infrastructure In the Commissioner's sole and absolute discretion."
j) SECTION 37 AGREEMENT
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 (the "Owner"), 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 "City"). 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:
(i) The Owner shall pay to the City the amount of TWO HUNDRED AND SIXTY-SEVEN THOUSAND FIVE HUNDRED AND FIFTY-TWO DOLLARS ($267,552.00) to be put towards the future repair and replacement of the Melinda Clark Parkette located at 47 Royal Chapin Crescent, Richmond Hill, Ontario, or towards such alternative project as City Council determines in its sole and absolute discretion up to an equal amount, all in a form satisfactory to the City; and,
{II) The Owner shall construct a recreational trail to the satisfaction of the City within the south-west quadrant of Yonge Street and Gamble Road.
(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 190-87, 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.
Schedules "A", "B" and "C" attached to By-law 135-20 are declared to form part of this by-law.
The Corporation of The City of Richmond Hill Explanatory Note to By-Law 135-20
By-law 135-20 affects the lands described as Part of Block A and all of Block B, Plan 4667 in the City of Richmond Hill, Regional Municipality of York, municipally known as 49 Gamble Road and 11488 Yonge Street.
By-law 190-87, as amended, of The Corporation of the City of Richmond Hill zones the lands "Rural Residential (RR) Zone· and ·commercial Urban Fringe (C-UF) Zone".
By-law 135-20 will have the effect of rezoning the subject lands to site specific zone categories, "RM1(H) Zone", "RM2(H) Zone" and "F(H)) Zone" to permit a medium/high density residential development comprised of one 10 storey apartment building, stacked townhouse dwelling units and flood lands on the subject lands.
By-law 135-20 further includes Holding (H) provisions restricting the development of the lands until such time as the Owner has conveyed the flood lands in accordance with Exception 10.95 of this By-law to the satisfaction of the Commissioner of Planning and Infrastructure.
, ,
GAMBLE ROAD
SCHEDULE II A "
TO BY-LAW 135-20
15
11
9
7
5
3
95
9.,,
91,
89
49
From
I "RR"
to
"RMl(H)"
(10.93)
(10.95)
From
"RR"
to
"F(H)"
(10.95)
From "C-UF"
to
"F(H)"
(10.95)
11438
From
11C-UF"
to
"RM2(H)"
(10.94)
(10.95)
11490
I
This is Schedule 11A11 to By-Law 135-20 approved by the Ontario Land Tribunal
1 9.21
94
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90 66
88 64-
62
60 ._,
CJ AREA SUBJECT TO THIS BYLAW /
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