Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 15, 2023
CASE NO(S).: OLT-22-003759
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 4Q Commercial WP Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of 15-storey, 18-storey and 35-storey residential buildings
Reference Number: D01-20013
Property Address: 11160 Yonge Street
Municipality/UT: Richmond Hill/York
OLT Case No.: OLT-22-003759
OLT Lead Case No.: OLT-22-003759
OLT Case Name: 4Q Commercial WP 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/Appellant: 4Q Commercial WP Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of 15-storey, 18-storey and 35-storey residential buildings
Reference Number: D02-20025
Property Address: 11160 Yonge Street
Municipality/UT: Richmond Hill/York
OLT Case No.: OLT-22-003760
OLT Lead Case No.: OLT-22-003759
Heard: January 19, 2023, via video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 4Q Commercial WP Inc. | Zachary Fleisher |
| City of Richmond Hill | Carlton Thorne |
MEMORANDUM OF DECISION DELIVERED BY CARMINE TUCCI ON JANUARY 19, 2023, AND ORDER OF THE TRIBUNAL
1The matter before the Ontario Land Tribunal (the “Tribunal”), was with respect to the appeals of the refusal of the City of Richmond Hill (“City”) to make a decision regarding an Application to amend the Official Plan and to amend the City By-law No. 190-87, as amended.
2The application seeks an Official Plan and Zoning By-Law Amendment to permit the redevelopment of the site for a 15,18 and 35 storey mixed-use development. The proposal will provide for 731 residential units, 510 m2 of retail space and an overall gross floor area of 58,940 m2 on a site area of 1.611 Ha with a density of 3.65.
3The purpose of the Case Management Conference (“CMC”) was to receive status updates from both parties to organize the hearing of these appeals.
4The Appellant submitted an Affidavit of Service sworn by Mina Siskopoulos on December 20, 2022 and is marked as Exhibit 1.
5The Tribunal was presented with two requests for Party status.
6The Toronto Region Conservation Authority (“TRCA”) represented by Barbara Montgomery, sought Party Status in respect of natural hazard policies applicable to the proposed development. This request is consistent with the recently in-force provisions of the Planning Act, specifically subsection 1(4.1), which limit conservation authorities to seeking party status on natural hazard matters.
7The TRCA further submitted it has no objection to the principle of development and its primary interest in seeking party status is to ensure the relevant flood and hazard lines on the plans, if approved by the Tribunal, correctly depict the location of the hazards. The TRCA hopes to resolve its interests in this matter without having to participate in a contested hearing and TRCA is committed to working with the applicant to achieve this goal.
8With no objections from all parties, the Tribunal granted the TRCA Party Status.
9JG Cordone Investments Ltd, (“Cordone”), represented by Jeffrey Streisfeld, sought Party Status through a written statement.
10Cordone is the registered owner of the property municipally known as 11130 Yonge Street in the City and is located immediately adjacent to and south of 11160 Yonge Street.
11Mr. Streisfeld was not in attendance at the CMC. The Tribunal heard no objections to the request and given that Cordone is the immediate adjacent landowner to the south, the Tribunal granted Cordone Party Status on the condition that Cordone:
a) Assumes the responsibility and obligations associated with Party Status and actively participates in the proceeding by raising relevant issues, calling only those witnesses that are necessary to enable the Tribunal to adjudicate effectively and completely on the issues in the proceeding, and scopes any submissions or questions expressly to the subject matter of this appeal;
b) Provides an Issues List to the Appellant and other Parties on or before March 31, 2023, containing appropriate issues that are relevant to the Tribunal’s determination at the hearing; and,
c) Abides by the deadlines and exchange dates in the Procedural Order, once issued by the Tribunal.
12Should any of the above-noted conditions be contravened, the Tribunal may, on its own initiative or at the request of any other Party, revisit Cordone’s status as a Party to this Appeal. Should any issues arise with respect to the contravention of the above-noted conditions, the Tribunal may be spoken through via e-mail with the case coordinator.
13The Tribunal requests all parties to submit an updated Issues List, to the Tribunal, by Friday March 31, 2023. The Tribunal further requests all parties to submit an updated Procedural Order, to the Tribunal, by Friday April 14, 2023.
14The Tribunal informed the Parties that Tribunal led mediation is available should they want to continue their efforts to reach an early resolution on this matter.
15Failing an early resolution, the Parties have informed the Tribunal that they will require fifteen (15) days for a hearing of these appeals.
16The Tribunal hereby schedules a Video Hearing for these appeals commencing on Monday January 15, 2024, at 10 a.m. for Fifteen (15) days.
17Parties 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:
GoTo conference link: https://global.gotomeeting.com/join/719383509
Audio-Only Line: (Toll Free) 1-888-299-1889 OR +1 (647) 497-9373
Access code: 719-383-509
18Parties 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
19Persons 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 mentioned above.
20Individuals 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 hearing 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.
21Please note, the Tribunal will not sit on January 29, 2024, during these scheduled proceedings.
22No further notice will be given.
23The Member is not seized.
24So Orders the Tribunal.
“Carmine Tucci”
CARMINE TUCCI
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.