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Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 27, 2023
CASE NO(S).: OLT-22-004102
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Leslie Elgin Developments Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a high density residential development comprised of two apartment buildings
Reference Number: D01-21008
Property Address: Block 51, Plan 65M-4668
Municipality/UT: Richmond Hill/York
OLT Case No.: OLT-22-004102
OLT Lead Case No.: OLT-22-004102
OLT Case Name: Leslie Elgin Developments 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: Leslie Elgin Developments Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a high density residential development comprised of two apartment buildings
Reference Number: D02-21016
Property Address: Block 51, Plan 65M-4668
Municipality/UT: Richmond Hill/York
OLT Case No.: OLT-22-004103
OLT Lead Case No.: OLT-22-004102
Heard: October 17, 2023 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Leslie Elgin Developments Inc. (Appellant/Applicant) | Ira Kagan and Sarah Kagan |
| City of Richmond Hill (“City”) | Carlton Thorne |
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON October 17, 2023 AND interim ORDER OF THE TRIBUNAL
Decision and order
1This appeal arises following a non-decision by the City with respect to applications for an Official Plan Amendment and Zoning By-law Amendment to facilitate the development of a residential complex at the corner of Leslie Street and John Birchall Road.
2The disposition of the matter has come before the Tribunal as a settlement motion. The Tribunal confirms that it has received, reviewed, and considered the following materials and submissions:
i. The uncontested opinion evidence of Lincoln Lo, a Registered Professional Planner and full member of the Canadian Institute of Planners, in his comprehensive affidavit sworn on October 13, 2023 (marked as Exhibit 2);
ii. The Appellant’s Document and Visual Evidence Book (marked as Exhibit 3);
iii. Participant Statements filed with the Tribunal in the names of:
- Saeid Bokharaie;
- Ada Leung;
- Haitan Ou;
- Ayaz Abdulla;
- Veronica & Diane Hui;
- Suet Ying;
- Moyez Lalani;
- Fady Yossef;
- Scott Rushlow;
- David & Katia Yee;
- Judy Au;
- Jade Wang;
- Meng Zhang; and,
- Stanley An;
The Tribunal notes that none of the aforementioned statements were submitted upon considering the Parties’ revised settlement proposal; and,
iv. The Parties’ oral submissions in support of the settlement.
3The Tribunal understands that the aforementioned sworn affidavit evidence of Mr. Lo reflects revisions to the applications before the Tribunal that were reached through the cooperative efforts of the Parties.
4The Tribunal accepts the opinion evidence of Mr. Lo as presented in his affidavit and similarly finds that the subject applications, as revised, have regard to those applicable matters of provincial interest found in section 2 of the Planning Act, are consistent with the Provincial Policy Statement, 2020, conform to the A Place to Grow Growth Plan for the Greater Golden Horseshoe, 2020, York Region Official Plan, 2010, York Region Official Plan, 2022, City of Richmond Hill Official Plan, 2010 (as amended), and North Leslie Secondary Plan (as amended), and otherwise reflect principles of good land use planning.
5THE TRIBUNAL ORDERS THAT:
The appeal is allowed in part, on an interim basis, contingent upon confirmation, satisfaction, or receipt of those pre-requisite matters identified in subparagraph 2 below, and the Official Plan Amendment and Zoning By-law Amendment set out in Attachments 1 and 2 to this Interim Order are hereby approved in principle.
The Tribunal will withhold the issuance of its Final Order contingent upon confirmation by the parties of the following pre-requisite matters:
i. The City advises the Tribunal that the Official Plan Amendment has been finalized to the satisfaction of the City’s Commissioner of Planning and Building Services; and,
ii. The City advises the Tribunal that the Zoning By-law Amendment has been finalized to the satisfaction of the City’s Commissioner of Planning and Building Services.
The Panel Member will remain seized for the purposes of reviewing and approving the final draft of the Official Plan Amendment and Zoning By-Law Amendment and the issuance of the Final Order.
If the Parties do not submit the final drafts of the Official Plan Amendment and Zoning By-law Amendment and do not request the issuance of the Final Order by October 31, 2025, the Applicant and/or the City shall provide a written status report to the Tribunal by that date as to the timing of the expected confirmation and submission of the final form of the draft Official Plan Amendment and Zoning By-law Amendment and the issuance of the Final Order by the Tribunal.
The Tribunal may, as necessary, arrange the further attendance of the Parties by Telephone Conference Call to determine the additional timelines and deadline for the submission of the final form of the instrument(s), the satisfaction of the contingent pre-requisites, and the issuance of the Final Order.
The Tribunal may be spoken to in the event that the parties have any difficulty implementing this Interim Order.
“K.R. Andrews”
K.R. ANDREWS
MEMBER
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.
ATTACHMENT 1
ATTACHMENT 2