Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
February 03, 2023
CASE NO(S).:
OLT-22-003667
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant:
9218 Yonge Street Inc.
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To permit a high-density mixed-use development comprised of two (2) towers with heights at 36-storeys and 42-storeys connected by a 6-storey podium consisting of 796 residential units and ground floor commercial uses
Reference Number:
D01-21010
Property Address:
9218 Yonge Street
Municipality/UT:
City of Richmond Hill/ Regional Municipality of York
OLT Case No.:
OLT-22-003667
OLT Lead Case No.:
OLT-22-003667
OLT Case Name:
9218 Yonge Street 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
9218 Yonge Street Inc.
Subject:
Application to amend the Zoning By-law – Neglect to make a decision
Description:
To permit a high-density mixed-use development comprised of two (2) towers with heights at 36-storeys and 42-storeys connected by a 6-storey podium consisting of 796 residential units and ground floor commercial uses
Reference Number:
D02-21020
Property Address:
9218 Yonge Street
Municipality/UT:
City of Richmond Hill/ Regional Municipality of York
OLT Case No.:
OLT-22-003668
OLT Lead Case No.:
OLT-22-003667
Legacy Lead Case No.
PL180898
Heard:
January 25, 2023 by video hearing
APPEARANCES:
Parties
Counsel
9218 Yonge Street Inc.
Chris Tanzola
Michael Cara
City of Richmond Hill
Carlton Thorne
Region of York
Samantha Whalen
2864249 Ontario Inc.
Isaac Tang H.
MEMORANDUM OF ORAL DECISION DELIVERED BY DAVID BROWN ON JANUARY 25, 2023, AND ORDER OF THE TRIBUNAL
1The Tribunal convened a Case Management Conference (“CMC”) in respect of the appeals filed by 9218 Yonge Street Inc. (the “Appellant”) against the City of Richmond Hill’s (the “City”) failure to make a decision on an application to Amend the Official Plan and the Zoning By-law within the timeframes prescribed in the Planning Act, R.S.O. 1990, c. P. 13, as amended (the “Act”). The lands that are the subject of the applications are located at 9218 Yonge Street (the “Subject Lands”) and the proposal is to redevelop the Subject Lands with a mixed-use building comprising of two residential towers having heights of 42 and 36 storeys joined by a 6 storey podium base. The building proposes 796 residential units, 834.39 square metres of grade related retail floor space, a Floor Space Index of 8.35 and a total of 697 parking spaces.
2An Affidavit of Service attesting to the giving of Notice for this proceeding was filed and marked as Exhibit 1.
3The Tribunal received requests from the Region of York and 2864249 Ontario Inc. seeking Party Status. Party Status was conferred by the Tribunal with no objections from the Parties.
4The Tribunal received requests from Oxford Properties Group and Roman and Victoria Yusfin (the “Yusfins”) seeking Participant Status. Participant Status was conferred by the Tribunal on consent of the Parties. In respect to the request from the Yusfins, the Appellant’s Counsel noted for the Tribunal that Yusfins reside over 2 kilometers from the Subject Lands.
5Mr. Tanzola explained that the Appellant is preparing a resubmission to the City and expects to respond to many of the issues identified by the City. He requested that a second CMC be scheduled after the submission has been made and the Parties have had an opportunity to prepare an issues list arising from the resubmission. Mr. Tanzola advised that mediation is not required at this time, and he advised that the Appellant will continue working with the Parties to finalize and scope the issues in advance of the next CMC.
6A second CMC was scheduled for Wednesday, May 31, 2023, commencing at 10:00 a.m., at which time the Tribunal will consider a draft procedural order and issues list and will proceed to schedule the hearing of the merits of the appeal.
7Parties 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.
8The CMC is scheduled to proceed by video as follows:
https://global.gotomeeting.com/join/656004293
Access Code: 656-004-293
9Persons 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: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
10Parties 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
11Individuals 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.
ORDER
12The Tribunal confers Party Status to the Region of York and 2864249 Ontario Inc.
13The Tribunal confers Participant Status to Oxford Properties Group and Roman and Victoria Yusfin.
14The Tribunal directs that the Parties shall file a draft Procedural Order and Issues List with the Tribunal no later than Friday, May 26, 2023.
15The Tribunal orders that a further CMC shall be held by video hearing on Wednesday May 31, 2023, commencing at 10:00 a.m.
16This Member is not seized.
17There will be no further notice.
“David Brown”
DAVID BROWN
MEMBER
Ontario Land Tribunal
Website: www.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.