CORRECTION NOTICE
OLT CASE NO(S).: OLT-22-004102
DECISION ISSUE DATE(S): March 31, 2023
CORRECTION NOTICE ISSUE DATE: May 15, 2023
RE: Leslie Elgin Developments Inc. v. Richmond Hill (City)
Correction to: The name of month (date) shown in the first sentence of paragraph [7], page 3, Decision OLT-22-004102.
Originally:
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.
Corrected to:
7The Tribunal notes that the Hearing is scheduled to commence by video on October 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.
“Euken Lui”
EUKEN LUI REGISTRAR
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.
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.
SCHEDULE 1
OLT Case No.: 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 apartments 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: D01-21008
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
PROCEDURAL ORDER
The Tribunal orders that:
- The Tribunal may vary or add to this Order at any time either on request or as it sees fit. It may amend this Order by an oral ruling or by another written Order.
Organization of the Hearing
- The Video Hearing will commence on Tuesday, October 17, 2023 at 10:00am at:
GoToMeeting: https://meet.goto.com/344779885 Access Code: 344-779-885
Audio-only Telephone Line: +1 (647) 497-9373 or Toll-Free 1-888-299-1889 Audio-only Access Code: 344-779-885
The parties’ initial estimation for the length of the hearing is twelve (12) days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlement on issues where possible.
The parties and participants (see the Attachment 1 for the meaning of these terms) are listed in Attachment 2 to this Order.
The issues are set out in the Issues List attached as Attachment 3. Except for scoping or removing issues, there will be no changes to this list unless the Tribunal permits it. A party who asks for changes may have costs awarded against it.
The order of evidence shall be as listed in Attachment 4 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence- in-chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on consent or by Order of the Tribunal.
Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address and email address and the phone number as soon as possible.
Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.
Requirements Before the Hearing
A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal, the other parties and to the City Clerk a list of the witnesses and the order in which they will be called. This list must be delivered by Friday, June 2, 2023, and in accordance with paragraph 23 below. For expert witnesses, a party is to include a copy of the curriculum vitae and the area of expertise in which the witness is proposed to be qualified. Any challenges to the qualifications of a witness to give opinion evidence in the area of expertise proposed should be made by motion in accordance with the Tribunal’s Rules and notice of same must be served on the other Parties on or before Monday, June 12, 2023.
If the Appellant intends to seek approval of a revised proposal at the hearing, the Appellant shall provide copies of the revised proposal, including all revised plans, drawings, studies, reports and proposed instruments to be relied upon, to the other parties by no later than Friday, May 12, 2023 after which time, the Appellant may not revise its proposal, except to narrow or resolve issues, or with the consent of the parties, or with leave of the Tribunal. The Appellant acknowledges that any revisions to the proposal after Friday, May 12, 2023, except as set out above, may be grounds for an adjournment.
Expert witnesses in the same field shall have a meeting on or before Friday, June 23, 2023, and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties shall prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before Friday, July 14, 2023.
An expert witness shall prepare an Expert Witness Statement that shall include: an acknowledgement of expert’s duty form, the area(s) of expertise, any reports prepared by the expert, and any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 14 below. Instead of an Expert Witness Statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.
Expert witnesses who are under summons but not paid to produce a report do not have to file an Expert Witness Statement; but the party calling them must file a brief outline of the expert’s evidence and his or her area of expertise, as in paragraph 14 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 14 below.
On or before Wednesday, August 16, 2023, the parties shall provide copies of their Witness and/or Expert Witness Statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 23 below.
On or before Wednesday, August 16, 2023, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 23 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.
On or before Friday, September 15, 2023 the parties shall provide copies of Reply Witness Statements, if any, to the other parties and the OLT case-co-ordinator and in accordance with paragraph 23 below.
On or before Tuesday, October 3, 2023, the parties shall provide copies of their visual evidence to all of the other parties and the OLT case co-ordinator and in accordance with paragraph 23 below. If a model is proposed to be used the Tribunal must be notified before the hearing. All parties must have a reasonable opportunity to view it before the hearing.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before Friday, October 6, 2023.
Any documents which may be used by a party in cross examination of an opposing party’s witness shall be password protected and only become accessible to the Tribunal and the other parties if it is introduced as evidence at the hearing. Any such documents on which a cross-examining party intends to rely shall be provided to the Tribunal and all other parties, password-protected, before 10:00 a.m. on the day of that cross-examination.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.
A party who provides the written evidence of a witness to the other parties must have that witness attend the hearing to give oral evidence, unless the Tribunal and
the parties are notified at least 7 days before the hearing that the written evidence is not part of their record.
The parties shall prepare and file a hearing plan with the Tribunal on or before Tuesday, October 10, 2023 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.
All filings shall be electronic and in hard copy. Electronic copies may be filed by email, an electronic filing sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.
A summary of the various filing dates is contained in Attachment 5.
This Member is not seized. So orders the Tribunal.
ATTACHMENT 1
Meaning of Terms used in the Procedural Order
Party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. If an unincorporated group wishes to become a party, it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer, and may have an agent speak for them. The agent must have written authorisation from the party.
NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (“CMC”), must ask the Tribunal to permit this.
A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.
A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.
Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.
Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.
A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss and the
witness’ opinions on those issues; and a list of reports that the witness will rely on at the hearing.
An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons for the opinions and (5) a list of reports that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.
A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and
the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.
Additional Information
A Summons may compel the appearance of a person before the Tribunal who has not agree to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.
The order of examination of witnesses is usually direct examination, cross- examination and re-examination in the following way:
direct examination by the party presenting the witness;
direct examination by any party of similar interest, in the manner determined by the Tribunal;
cross-examination by parties of opposite interest;
re-examination by the party presenting the witness; or
another order of examination mutually agreed among the parties or directed by the Tribunal.
ATTACHMENT 2 PARTIES AND PARTICIPANTS
PARTIES
1. Leslie Elgin Developments Inc.
Ira T. Kagan, Kristie M. Stitt, and Sarah R. Kagan
Kagan Shastri DeMelo Winer Park LLP 188 Avenue Road
Toronto, ON M5R 2J1
Tel: 416.368.2100 x226/244/ 243
ikagan@ksllp.ca / kstitt@ksllp.ca / skagan@ksllp.ca
2. City of Richmond Hill Carlton Thorne
225 East Beaver Creek Road Richmond Hill, ON., L4B 3P4 Tel: 905-747-6479
carlton.thorne@richmondhill.ca
PARTICIPANTS
- David and Katia Yee 48 Hilts Drive
Richmond Hill, ON., L4S 0H8 Tel: 416-720-8206
- Judy Au
54 Bawden Drive
Richmond Hill, ON., L4S 0H2 Tel: 416-727-8278
- Ayaz Abdulla 52 Hilts Drive
Richmond Hill, ON., L4S 0H8 Tel: 647-862-2929
- Meng Zhang 58 Hilts Drive
Richmond Hill, ON., L4S 0H8 Tel: 647-328-9790
- Scott Rushlow 16 Bawden Drive
Richmond Hill, ON., L4S 0H3 Tel: 905-852-5595
- Fady Yossef
57 Ducharme Drive Richmond Hill, ON., L4S 0J3 Tel: 647-687-9792
- Ada Leung
27 Ducharme Drive Richmond Hill, ON., L4S 0J3 Tel: 647-746-1727
- Haitan Ou
61 Gerden Drive
Richmond Hill, ON., L4S 0J3 Tel: 647-885-8795
- Suet Ying (Sharon) Hou 15 Elder Street
Richmond Hill, ON., L4S 0J3 Tel: 416-877-8988
- Stanley An
119 Gerden Drive
Richmond Hill, ON., L4S 0H6 Tel: 647-328-6686
- Diane and Veronica Hui 131 Bawden Drive
Richmond Hill, ON., L4S 0H6 Tel: 416-700-8771
veronicahui2000@yahoo.co.uk / castro.liu@richmondhill.ca
- Saeid Bokharaie 107 Gerden Drive
Richmond Hill, ON., L4S 0H6 Tel: 416-618-1698
- Jade Wang
5 Seager Street
Richmond Hill, ON., L4S 0H6 Tel: 416-418-6983
- Moyez Lalani
42 Hilts Drive
Richmond Hill, ON., L4S 0H6 Tel: 416-722-9802
- Feng Xiao
53 Bawden Drive
Richmond Hill, ON., L4S 0H6 Tel: 416-878-0720
- Yidi Huang
109 Bawden Drive
Richmond Hill, ON., L4S 1N5 hyd825@gmail.com
OBSERVERS
- Johnson Yu
105 Gerden Drive
Richmond Hill, ON., L4S 0H6
janet@remaxpartners.ca / johnsonyu@remaxpartners.ca
- Eddie Li
16 Nicol Street, Richmond Hill, L4S 0H1 eddiecyli@gmail.com
- Queeny Chen
109 Gerden Drive
Richmond Hill, ON., L4S 0H6 qcqc66@hotmail.com
- Ya Zhang
66 Brookfam Street Richmond Hill, ON., L4S 1N6 janeeliza1976@gmail.com
- Bonnie Lin
37 Brookfam Street Richmond Hill, ON., L4S 1N6 bnlin58@gmail.com
ATTACHMENT 3 ISSUES LIST
City of Richmond Hill
The identification of an issue on this Issues List does not mean that all parties agree that such issue, or the manner in which the issue is expressed, is appropriate or relevant to the determination of the Tribunal at the hearing. The extent to which these issues are appropriate or relevant will be a matter of evidence and argument at the hearing.
Does the development proposal consisting of Official Plan and Zoning By-law Amendments for the subject lands (collectively the “development proposal”) have appropriate regard for the relevant matters of provincial interest enumerated in section 2 of the Planning Act, including the matters set out in sections 2(h), 2(m), 2(p) and 2(r) therein?
Is the development proposal consistent with the relevant policies of the Provincial Policy Statement (2020) (the “PPS”), in particular, but not limited to, the following policy sections:
1.1.1, 1.1.3.2, 1.1.3.3 and 1.1.3.4 (Managing and Directing Land Use);
1.2.1 (Coordination);
1.4.3 (Housing); and,
1.6.1, 1.6.3 and 1.6.6.1 (Infrastructure and Public Service Facilities)?
- Is the development proposal in conformity with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) (the “Growth Plan”), in particular, but not limited to, the following policy sections:
2.2.1.2, 2.2.1.3 and 2.2.1.4 (Managing Growth);
2.2.6.1 (Housing);
2.2.7.1, 2.2.7.2 (Designated Greenfield Area); and
3.2.1.1. 3.2.1.2 and 3.2.1.3 (Integrated Planning)?
- Is the development proposal in conformity with the relevant policies in the 2010 York Regional Official Plan (the “ROP 2010”), in particular, but not limited to, the following policy sections:
3.5 and 3.5.6 (Housing Our Residents);
5.2, 5.2.8 and 5.2.14 (Sustainable Cities, Sustainable Communities);
5.3, 5.3.3 and 5.3.6 (Intensification);
5.4, 5.4.1, 5.4.2 and 5.4.3 (Regional Centres and Corridors)?
- Given policy 7.4.13 of the 2022 York Region Official Plan, what relevance, if any, do the following policies of the 2022 York Region Official Plan have to the proposed development? In particular, but not limited to:
2.2 and 2.2.11 (Integrated Growth Management);
2.3, 2.3.11, 2.3.39 and 2.3.40 (Supporting Complete Communities);
4.1 and 4.1.3 (The Urban System);
4.2 and 4.2.2 (Community Areas); and
4.4, 4.4.1, 4.4.3, 4.4.4, 4.4.7 and 4.4.11 (Intensification).
- Does the development proposal maintain the intent and principles of, and does it conform with, the City of Richmond Hill’s Official Plan (the “Plan”) as adopted by City Council on July 12, 2010, and as approved by the former Ontario Municipal Board, in particular, but not limited to, the following policy sections:
3.1, 3.1.3, 3.1.3.2, 3.1.3.5 and 3.1.3.14 (Urban Structure Framework);
3.1.5.3 (Housing);
3.4.1 (Urban Design);
5.1.4 (Secondary Plans);
9.4 (North Leslie Secondary Plan, Principles of Development);
9.6.2.3 (North Leslie Secondary Plan, Medium/High Density Residential);
9.7.2.1, 9.7.2.2, 9.7.2.4 (North Leslie Secondary Plan, Servicing Policies);
9.8.2 (North Leslie Secondary Plan, Zoning By-law and Subdivision of Land;
9.8.7 (North Leslie Secondary Plan, Urban Design); and,
any other policies related to the above?
Are the proposed density, building height, built form and overall site design for the proposed development appropriate with respect to the established urban structure framework, planning functions of other lands in the vicinity, appropriate urban design and transition to adjacent and surrounding areas?
Does the development proposal have appropriate regard for the City-wide Urban Design Guidelines (2013) including, but not limited to, the following sections in particular:
5.0 Site Design
6.0 Building Design
Is it appropriate for a development of the scale and density proposed to be located outside of an area designated Richmond Hill Centre or a Key Development Area under the City of Richmond Hill Official Plan?
Does the development proposal represent an overdevelopment of the site?
Does the development proposal fit within the character of adjacent and surrounding lands?
Does the development proposal provide appropriate and safe access (including but not limited to the provision of adequate sight lines and sight distances)?
Does the development proposal provide appropriate parking (including but not limited to the standards and requirements as contained within the City’s 2010 Parking Strategy and North Leslie Secondary Plan Area Zoning By-law # 55-15)?
Does the proposed parking configuration accommodate the required parking supply?
Does the development proposal adequately identify and address its feasibility with respect to matters related to sanitary sewer capacity?
Is the proposed Zoning By-law Amendment appropriate, including with respect to whether it sufficiently regulates matters of built form including height, density, massing, scale, setbacks and parking?
In the event that the Tribunal allows the appeals in whole or in part, what holding provisions, if any, should be included in the zoning by-law amendment?
In the event that the Tribunal allows the appeals in whole or in part, should:
(a) the final Order respecting the Official Plan Amendment application be withheld until such time as the City advises the Tribunal that the Official Plan Amendment has been finalized to the satisfaction of the Commissioner of Planning and Infrastructure; and,
(b) the final Order respecting the Zoning By-law Amendment application be withheld until such time as the City advises the Tribunal that:
(i) the draft Zoning By-law Amendment has been finalized to the satisfaction of the City’s Commissioner of Planning and Infrastructure; and,
(ii) the related Site Plan application for the development has been finalized to the satisfaction of the Commissioner of Planning and Infrastructure.
- Does the development proposal represent good land use planning and is it in the public interest?
Note 1: Where two or more parties raise the same technical issue, they can co-ordinate and rely upon a qualified independent expert but must call expert evidence in support of that technical issue. Where a single party alone raises a technical issue then that party must call technical evidence in support of that issue from a qualified independent expert.
Note 2: The identification of an issue does not mean that all parties agree that such issue, or the manner in which the issue is expressed, is appropriate or relevant to the determination of the Tribunal at the hearing. The extent to which these issues are appropriate or relevant to the determination of the Tribunal at the hearing will be a matter of evidence and argument at the hearing.
ATTACHMENT 4 ORDER OF EVIDENCE
Leslie Elgin Developments Inc.
City of Richmond Hill
Leslie Elgin Developments Inc. (in reply)
ATTACHMENT 5
Summary of Filing Dates
EVENT
DATE
1st Case Management Conference
Monday, September 26,
2022
City’s Issues List due
Friday, February 3,
2023
2nd Case Management Conference
Monday, February 13,
2023
Deadline for Applicant to Revise Development
Friday May 12, 2023
Parties to exchange their List of Witnesses
Friday, June 2, 2023
Deadline for Expert Meeting
Friday, June 23, 2023
Parties to file statement of Agreed Facts and Issues
Friday, July 14, 2023
Parties to exchange their Witness and Expert Witness Statements
Participants to provide their Participant Statements
Wednesday, August 16,
2023
Parties to exchange their Reply Witness Statements
Friday, September 15,
2023
Parties to exchange their Visual Evidence
Tuesday, October 3,
2023
Parties to File Joint Document Book
Friday, October 6, 2023
Parties to File Hearing Plan
Tuesday, October 10,
2023
Hearing commences
Tuesday, October 17,
2023