Ontario Land Tribunal
Issue Date: April 24, 2023 Case No(s).: OLT-22-004469
Proceeding Commenced Under subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Gates of Bayview Inc. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit a high-density residential development consisting of four residential towers Reference Number: D01-19005 Property Address: 0 Oneida Crescent Municipality/UT: Richmond Hill/York OLT Case No.: OLT-22-004469 OLT Lead Case No.: OLT-22-004469 OLT Case Name: Gates of Bayview 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: Gates of Bayview Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit a high-density residential development consisting of four residential towers Reference Number: D02-19023 Property Address: 0 Oneida Crescent Municipality/UT: Richmond Hill/York OLT Case No.: OLT-22-004470 OLT Lead Case No.: OLT-22-004469
Heard: March 21, 2023 by Video Hearing
Appearances
| Parties | Counsel |
|---|---|
| Gates of Bayview Inc. ("Applicant") | M. Flowers |
| City of Richmond Hill | C. Thorne |
Memorandum of Oral Decision Delivered by W. Daniel Best and Carmine Tucci on March 21, 2023 and Order of the Tribunal
1This first Case Management Conference ("CMC") was conducted in the Applicant's appeals of the non-decision of Richmond Hill ("City") Council following its applications for an Official Plan Amendment ("OPA") amendment and Zoning By-law amendment to permit the proposed development at 0 Oneida Crescent ("Subject Property").
2The purpose of the applications is to permit a high-density residential development consisting of four residential towers, ranging in height from 25 to 37 storeys with a total of 1,517 dwelling units, together with a 2-storey shared-amenity building.
3The Subject Property is designated "Richmond Hill Centre" in the City's Official Plan. In accordance with policy 4.2.1.2 of the OP, applications for development submitted prior to Council approval of a Secondary Plan for the Richmond Hill Centre ("RHCSP") shall be assessed based on conformity with the policies in section 4.2.1 and the land use and design guidelines which were endorsed by Council as set out in the Richmond Hill Regional Centre Design and Land Use Study Final Recommendations Report (January 27, 2010).
4The Affidavit of Service of Yashna Patel sworn March 7, 2023 affirming compliance with respect to the Directions as to service of the Notice of this Case Management Conference is marked as Exhibit 1 to the CMC.
5No requests for Party status were received.
6One request for Participant status was received. The Panel was advised that there were no objections from the Applicant or the City to the request for Participant status. The Panel finds the request is reasonable and appropriate, Participant status is accordingly granted to:
- Irene Lo
7Mr. Thorne, Counsel for the City, advised the Tribunal that a Direction Report regarding the Richmond Hill Centre Secondary Plan ("RHCSP") will be before Council on April 26, 2023 for a decision.
8Mr. Flowers, Counsel for the Applicant, advised the Tribunal that both applications under appeal were submitted prior to the RHCSP and opined that, even if the RHCSP were to be approved at City Council it would be required nonetheless that it be forwarded to York Regional for final approval.
9Mr. Flowers confirmed that there have been ongoing discussions with Counsel for the City.
10Mr. Flowers stated that the Applicant would be prepared to wait for the decision of City council regarding the RHCSP and proposed two options to the Tribunal in place of scheduling of a CMC:
a. If City Council were to approve the RHCSP and forward it to York Region for final approval, a written status update could be forwarded to the Tribunal in June, 2023.
b. If City Council were to not approve the RHCSP on April 26, 2023, a second CMC could subsequently be scheduled.
11Mr. Thorne expressed no concerns with the proposal.
12The Tribunal was appreciative of the Mr. Flowers' proposal but to move the appeal forward in an expeditious manner elected to schedule a second CMC in late June or early July, 2023. This timeline would meet both scenarios presented in the proposal. Counsel for both Parties were in agreement.
13The Tribunal has addressed the subject of settlement or mediation with the Parties and has been advised that the Parties anticipate ongoing discussions to facilitate a resolution of issues.
14The Tribunal commends Counsels for their willingness to work collaboratively.
Case Management Technical Details
15A full-day Case Management Conference is scheduled to convene by Video Hearing on Thursday, June 22, 2023 at 10:00 a.m.
16Parties and Participants are asked to log in to 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/979388733
Access code: 979-388-733
17Parties 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 at: https://app.gotomeeting.com/home.html.
18Persons who experience technical difficulties accessing the GoToMeeting application, or who only wish to listen to the event, can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9373 or Toll Free 1-888-299-1889. The access code is 979-388-733.
19Individuals 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 Video Hearing to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing events may be directed to the Tribunal's Case Coordinator having carriage of this case.
Order
20A full-day Case Management Conference is scheduled to commence at 10:00 a.m. on Thursday June 22, 2023, as set out above.
21The Tribunal may be spoken to if there are any issues with respect to the implementation of this Order.
22No further notice will be given.
23The Members are not seized.
"W. Daniel Best"
W. Daniel BEST
MEMBER
"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.