Yonge Sixteen Inc. v. Richmond Hill (City), 2022 CanLII 9896

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: February 09, 2022

CASE NO(S).: OLT-21-001156

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

Applicant and Appellant: Yonge Sixteen Inc.

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

Existing Designation: Key Development Area (KDA)

Proposed Designation: To maintain the Key Development Area (KDA) designation but to allow for certain policy amendments to permit the development of two mixed-use residential/commercial buildings at 43-storeys and 38-storeys in height on top of a 6-storey podium, with a total Gross Floor Area of 66,550 square metres (705,574 square feet), at a Floor Space Index of 8.77 and 962 residential units

Purpose: To permit the development of two mixed-use residential/commercial buildings at 43-storeys and 38-storeys in height on top of a 6-storey podium, with a total Gross Floor Area of 66,550 square metres (705,574 square feet), at a Floor Space Index of 8.77 and 962 residential units

Property Address/Description: 9251 Yonge Street

Municipality: City of Richmond Hill

Approval Authority File No.: D01-19002

OLT Case No.: OLT-21-001156

OLT File No.: OLT-21-001156

OLT Case Name: Yonge Sixteen 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: Yonge Sixteen Inc.

Subject: Application to amend Zoning By-law No. 276-96, as amended by site-specific Zoning By-law No. 49-12 - Neglect of the City of Richmond Hill to make a decision

Existing Zoning: Key Development Area Zone under Zoning By-law No. 276-96, as amended by site-specific Zoning By-law No. 49-12

Proposed Zoning: Site Specific (to be determined)

Property Address/Description: 9251 Yonge Street

Municipality: City of Richmond Hill

Municipality File No.: D02-19012

OLT Case No.: OLT-21-001156

OLT File No.: OLT-21-001157

Heard: January 24, 2022 by video hearing ("VH")

APPEARANCES:

Parties

Counsel

Yonge Sixteen Inc.

Daniel Artenosi

City of Richmond Hill

Carlton Thorne

MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON January 24, 2022 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This is the first Case Management Conference ("CMC") respecting an appeal by Yonge Sixteen Inc. following the City of Richmond Hill's neglect/failure to render a decision respecting applications for an Official Plan Amendment and Zoning By-law Amendment to facilitate redevelopment of the subject site at 9251 Yonge Street with a mixed-use development comprised of two towers of 38 and 43 storeys, respectively, connected by a 6-storey podium.

Service of Notice of CMC

2There was no issue with service of the Notice of this CMC, and so no further notice is required. The Tribunal was in receipt of the Affidavit of Service, which was marked as Exhibit 1.

Requests for Status

3On consent of the parties, the Tribunal granted Participant Status to 9218 Yonge Street Inc. and Taheri Development Inc., which own and plan to develop the property at the southwest corner of the same intersection as the subject site (the subject site is at the southeast corner). Counsel for these corporations confirmed that his client, Taheri Development Inc., has submitted a similar application to the City proposing a very similar development. Counsel also confirmed that his two clients will submit a joint participant statement.

3On consent of the parties, the Tribunal also granted Participant Status to the Mayvern Area Residents Association, which is an incorporated group and was represented by its Chair, Pat Pollock, at the hearing.

4On consent of the parties, the Tribunal also granted Participant Status to the following area residents:

Galina Tikhonovsky, who lives at 9201 Younge Street, immediately south of the subject lands;
May Liu, who also lives at 9201 Younge Street;
Valentina Krimsky, who lives at 9205 Younge Street, which is also south of the subject lands; and
Wen Zhi, who also lives at 9205 Younge Street.

MEDIATION AND SETTLEMENT

5The parties indicated that they have discussed settlement and will continue to do so after the City provides directions following a council meeting scheduled for February 23, 2022.

PROCEDURAL ORDER AND ISSUES LIST

6The parties provided a partial draft Procedural Order, but the issues list cannot be confirmed until after the City provides directions following a council meeting scheduled for February 23, 2022.

7The parties confirmed that they would subsequently file a final PO with the Tribunal no later than Friday, April 22, 2022.

Second CMC and HEARING

8Upon request of the parties, the Tribunal set a second CMC hearing commencing on Tuesday, May 3, 2022 at 10 a.m. by VH. No further Notice is required for the hearing. The purpose of the CMC is to confirm the final PO and further discuss prospects for settlement.

9Parties and participants 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/765631861

Access code: 765-631-861

10Parties 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

11Persons 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: +1 (647) 497-9391. The access code is 765-631-861.

12Individuals 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 CMC by video 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.

13Upon request of the parties, the Tribunal set a 4-day hearing commencing on Tuesday, October 18, 2022 at 10 a.m. by VH. No further Notice is required for the hearing.

14Parties and participants are asked to log into the VH at least 15 minutes before the start of the event to test their video and audio connections:

https://global.gotomeeting.com/join/687587165

Access code: 687-587-165

15Parties 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.

16Persons 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 1 888 299 1889 or +1 (647) 497-9373. The Access Code is as indicated above.

17Individuals 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 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.

ORDER

18The Tribunal Orders that:

The date and particulars of a second CMC and the hearing are set out above;
The following have been granted participant status:

a) 9218 Yonge Street Inc. and Taheri Development Inc. (to submit a joint participant statement);

b) Mayvern Area Residents Association (as represented by Pat Pollock);

c) Galina Tikhonovsky;

d) May Liu;

e) Valentina Krimsky; and

f) Wen Zhi.
On consent of the parties, the parties will file a final draft PO with the Tribunal no later than April 22, 2022.
The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.

"K.R. Andrews"

K.R. ANDREWS

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 ("Tribunal"). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.