Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 31, 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: February 13, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
Leslie Elgin Developments Inc.
I. Kagan (in absentia) K. Stitt S. Kagan (in absentia)
City of Richmond Hill
C. Thorne
MEMORANDUM OF ORAL DECISION DELIVERED BY BRYAN W. TUCKEY ON February 13, 2023 AND ORDER OF THE TRIBUNAL
1The Tribunal convened the second Case Management Conference (“CMC”) for the above-noted matter. Leslie Elgin Developments Inc. (“Appellant”) filed appeals against the City of Richmond Hill (“City”) for failing to make a decision on an application for an Official Plan Amendment (“OPA”) pursuant to s. 22(7) and a Zoning By-law Amendment (“ZBA”) pursuant to s. 34(11) of the Planning Act. The property is located at the corner of Leslie Street and John Birchall Road in the City and is known municipally as John Birchall Road (“subject property”). The purpose of this CMC is to receive, review, and approve a Procedural Order to guide the proceedings.
2The effect of the OPA and ZBA is to permit the development of a high density residential development comprised of two apartment buildings of 27 and 31 storeys in height connected by a four storey podium. The proposed development consists of a total of 617 apartment and 33 townhouse dwelling units.
3There are two additional requests for Participant status from Sean Fen Xiao and Yidi Huang. Both are granted Participant status with the consent of all Parties. A number of Participants and Observers are present at this CMC.
4Ms. Stitt, representing the Appellant, and Mr. Thorne, representing the City, provided an update of status with respect to this matter. The Tribunal did not have the benefit of a draft Procedural Order prior to this CMC. The only outstanding information required to complete the Procedural Order is the final City’s issues for the Issues List.
5The Tribunal is advised that Richmond Hill Council provided direction to Mr. Thorne at its February 8, 2023 meeting. Council confirmed its opposition to this Application but did instruct staff to continue discussions with the Appellant to determine if there may be a possibility for a more acceptable revised Application. The Appellant and the City have been working together to finalize the City’s issues and advised that they require just a little more time for final sign off at the City. It is noted that the Parties have been in constant contact with respect of the content of the Procedural Order.
6The Tribunal directs that Mr. Thorne provide the Appellant the City’s Issues List no later than 4:30 p.m. February 22, 2023. Ms. Stitt will then finalize the draft Procedural Order and submit it to the Tribunal as soon as possible for its review and approval.
7The Tribunal notes that the Hearing is scheduled to commence by video on September 17, 2023 for 12 days. The administrative coordinates for this Hearing are found in the Decision issued September 30, 2022 and are not repeated in this decision.
ORDER
8Sean Fen Xiao and Yidi Huang are granted Participant status to these proceedings.
9The Procedural Order as found at Schedule 1 is approved and is in full force and effect.
10The Tribunal may be spoken to if there are any issues with respect to the implementation of these directions. The Tribunal may, as necessary, arrange for further attendance of the parties by Telephone Conference Call to determine additional timelines and deadlines for submissions of the Procedural Order.
11No further notice will be given.
12The Member is not seized.
“Bryan W. Tuckey”
BRYAN W. TUCKEY
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.