Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
July 22, 2022
CASE NO.:
OLT-22-003009
(Legacy Case No. PL180073)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
10870 Yonge Street Limited
Appellant:
Saad Askandar
Appellant:
Dogliola Developments Inc.
Appellant:
Richmond Hill Retirement Inc. et al; and others
Subject:
Official Plan Amendment No. 8
Description:
To permit a guide for future development around the intersection of Yonge Street and Bernard Avenue
Reference Number:
D11-17001
Property Address:
Yonge & Bernard Key Development Secondary Plan
Municipality/UT:
Richmond Hill/York
OLT Case No.:
OLT-22-003009
Legacy Case No.:
PL180073
OLT Lead Case No.:
OLT-22-003009
Legacy Lead Case No.:
PL180073
OLT Case Name:
Askander v. Richmond Hill (Town)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
10870 Yonge Street Limited
Appellant:
Saad Askandar
Appellant:
Dogliola Developments Inc.
Appellant:
Richmond Hill Retirement Inc. et al; and others
Subject:
By-law No. 1117-17
Description:
To permit a guide for future development around the intersection of Yonge Street and Bernard Avenue
Reference Number:
D24-17001
Property Address:
Yonge & Bernard Key Development Secondary Plan
Municipality/UT:
Richmond Hill/York
OLT Case No.:
OLT-22-003025
Legacy Case No.:
PL180074
OLT Lead Case No.:
OLT-22-003009
Legacy Lead Case No.:
PL180073
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Yonge MCD Inc.
Subject:
Request to amend the Official Plan - Failure of Town of Richmond Hill to adopt the requested amendment
Description:
To permit a mixed-use commercial/residential high-rise building, 3 high rise residential buildings, 22 street townhouse dwelling units, 160 condominium townhouse dwelling units, 8 single detached dwellings, and a public park
Reference Number:
D01-16002
Property Address:
Various Addresses
Municipality/UT:
Richmond Hill/York
OLT Case No.:
OLT-22-003019
Legacy Case No.:
PL170770
OLT Lead Case No.:
OLT-22-003009
Legacy Lead Case No.:
PL180073
OLT Case Name:
Yonge MCD Inc. v. Richmond Hill (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Yonge MCD Inc.
Subject:
Application to amend Zoning By-law No. 2523 and By-law 190-87 - Refusal or neglect of Town of Richmond Hill to make a decision
Description:
To permit a mixed-use commercial/residential high-rise building, 3 high rise residential buildings, 22 street townhouse dwelling units, 160 condominium townhouse dwelling units, 8 single detached dwellings, and a public park
Reference Number:
D-02-16012
Property Address:
Various Addresses
Municipality/UT:
Town of Richmond Hill
OLT Case No.:
OLT-22-003023
Legacy Case No.:
PL170771
OLT Lead Case No.:
OLT-22-003009
Legacy Lead Case No.:
PL180073
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Yonge MCD Inc.
Subject:
Proposed Plan of Subdivision - Failure of Town of Richmond Hill to make a decision
Description:
To permit a mixed-use commercial/residential high-rise building, 3 high rise residential buildings, 22 street townhouse dwelling units, 160 condominium townhouse dwelling units, 8 single detached dwellings, and a public park
Reference Number:
D-03-16006
Property Address:
Various Addresses
Municipality/UT:
Town of Richmond Hill
OLT Case No.:
OLT-22-003024
Legacy Case No.:
PL170772
OLT Lead Case No.:
OLT-22-003009
Legacy Lead Case No.:
PL180073
BEFORE:
G. BURTON
Thursday, the 21st
VICE-CHAIR
D.S. COLBOURNE
day of July, 2022
VICE-CHAIR
WHEREAS the Appellants to the within proceeding appealed the Yonge and Bernard Key Development Area Secondary Plan (the “KDA Secondary Plan”) and Zoning By-law No. 111-17 (the “KDA Zoning By-law”), and TSMJC Properties Inc. (“TSMJC”) additionally appealed various amendments to Part I of the City of Richmond Hill Official Plan (collectively, the “Appeals”);
AND WHEREAS the Tribunal ordered the hearing of the Appeals to be heard in two phases;
AND WHEREAS the first phase of the hearing of the Appeals (“Phase I Hearing”) occurred from July 2-8, September 8-11, 14, and 21-23, 2020, and pertained to the policies governing the entire Yonge and Bernard Key Development Area (“KDA”) and resulted in a decision and order dated February 26, 2021 that brought into effect the KDA Secondary Plan and KDA Zoning By-law on those lands within the KDA that are on the west side of Yonge Street with the exception to the Di Pede Lands, described below;
AND WHEREAS the second phase of the hearing for the Appeals (the “Phase II Hearing”) occurred from July 12 to 30, 2021 and pertained to site or quadrant-specific issues of the Appellants and certain other matters that remained unresolved, including Greenways;
AND WHEREAS in the Tribunal’s written decision for the Phase II hearing dated December 15, 2021 (“Phase II Decision”), the Tribunal allowed the Appeals in part and approved the KDA Secondary Plan and KDA Zoning By-law, as modified before it, subject to final approval of the form of these instruments on consent of certain parties to the proceeding;
AND WHEREAS the relevant parties have consented to the form of the KDA Secondary Plan and the KDA Zoning By-law, attached hereto as Appendices “A” and “B”, respectively;
AND WHEREAS paragraph 56 of the Phase II Decision contains a minor error whereby the Tribunal incorrectly cites the previous version of a special provision of the KDA Zoning By-law that applies to the lands known municipally as 70 Bernard Avenue (the “RHRR Lands”);
AND WHEREAS the City of Richmond Hill (“City”) and Richmond Hill Retirement Inc. and Oakridge Gardens Retirement Partnership (“RHRR”) have jointly requested that the minor error at paragraph 56 of the Phase II Decision be corrected to ensure there is no confusion regarding the applicable zoning of the Richmond Hill Retirement Lands;
AND WHEREAS the Tribunal has jurisdiction pursuant to Rule 24.4 of the Tribunal’s Rules of Practice and Procedure to issue an administrative correction to paragraph 56 of the Phase II Decision;
THE TRIBUNAL ORDERS that the KDA Secondary Plan and the KDA Zoning By-law attached at Appendices “A” and “B” to this order, respectively, are hereby approved and come into force and effect as of the date of this order as follows:
The KDA Secondary Plan comes into effect for all lands in the KDA that are on the east side of Yonge Street and for the property known municipally as 16 Naughton Drive in the City of Richmond Hill (the “Di Pede Lands”), which is on the west side of Yonge Street;
The KDA Zoning By-law comes into effect for all lands in the KDA that are on the east side of Yonge Street, with the exception of the RHRR Lands, and comes into effect on the Di Pede Lands;
THE TRIBUNAL FURTHER ORDERS that paragraph 56 of the Decision is hereby amended to read as follows:
56In addition, in the earlier Tribunal Hearing and Decision of April 17, 2020, which approved the zoning here, the Applicant had missed a regulation in the ZBL for setbacks to the west and north lot lines. RHRR now seeks a refinement of the prior decision to include a west lot line setback (2.5 m) and a north lot line setback (5.0 m). Since the main wall of the proposed building contains windows with openings to the north and west lot lines, relief to the requirements in Table A4~~, ~~Special Provision 6 is required. It would add Special Provision 16, as follows:
Despite any other provisions to this By-law, the building main wall of a low rise, mid rise or high rise building on 70 Bernard Avenue that has windows or openings must be set back a minimum of 2.5 m from the west lot line and 5.0 metres from the north lot line.
THE TRIBUNAL FURTHER ORDERS that the version of the KDA Zoning By-law that was approved in the Tribunal’s decision and order of April 17, 2020 in this proceeding on the RHRR Lands is hereby modified and corrected in accordance with Appendix “C”, attached hereto.
“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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
APPENDIX A
APPENDIX B
APPENDIX C