Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 27, 2023
CASE NO(S).: OLT-23-000670
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Whitehorn Investments Limited, Stephen-Mitchell, Realty Limited, 891566 Ontario Limited and Ledbrow Investments Ltd.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of two towers, 42 and 45 storeys in height.
Reference Number: D01-20015
Property Address: 9301, 9325 and 9335 Yonge Street
Municipality/UT: Richmond Hill/York
OLT Case No: OLT-23-000670
OLT Lead Case No: OLT-23-000670
OLT Case Name: Whitehorn Investments Limited v. Richmond Hill (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Whitehorn Investments Limited, Stephen-Mitchell, Realty Limited, 891566 Ontario Limited and Ledbrow Investments Ltd.
Subject: Application to amend the Zoning By-law – neglect to make a decision
Description: To permit the development of two towers, 42 and 45 storeys in height.
Reference Number: D02-20029
Property Address: 9301, 9325 and 9335 Yonge Street
Municipality/UT: Richmond Hill/York
Municipal File No.: 22 242126 STE 14 OZ
OLT Case No: OLT-23-000671
OLT Lead Case No: OLT-23-000670
Heard: September 25, 2023 by video hearing
APPEARANCES:
Parties
Counsel/Representative
Whitehorn Investments Limited, Stephen-Mitchell, Realty Limited, 891566 Ontario Limited and Ledbrow Investments Ltd.
Chris Barnett
City of Richmond Hill
Carlton Thorne
Canadian National Railway Company
Kevin Pirak
MEMORANDUM OF ORAL DECISION DELIVERED BY ERIC S. CROWE ON SEPTEMBER 25, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) with respect to an appeal filed by Whitehorn Investments Limited, Stephen-Mitchell, Realty Limited, 891566 Ontario Limited and Ledbrow Investments Ltd. (“Applicants/Appellants”) regarding the City of Richmond Hill (“City”) Council’s failure to make a decision on an Official Plan Amendment (“OPA”) under s. 22(7) and a Zoning By-law Amendment (“ZBLA”) under s. 34(11) of the Planning Act (“Act”) for the property municipally addressed as 9301, 9325 and 9335 Yonge Street (“Subject Site”).
2The purpose of the OPA and ZBLA is to permit a mixed-use development of two towers, 42 and 45 storeys in height, that is to contain 1,049 residential units and ground related commercial uses.
3The Sworn Affidavit of Service, dated August 29, 2023, related to the Notice was marked as Exhibit 1.
PARTY STATUS REQUEST
4In response to the Notice, the Tribunal did receive one Party Status request. Kevin Pirak, counsel for Canadian National Railway Company (“CN”), advised the proposed development abuts a CN rail line. The rail line supports the frequent bulk transfer of cargo, including dangerous goods. CN has a direct interest in the proposed development due to the proximity of the CN lands to the Subject Site. Further, CN has a particular interest in ensuring that its operations are not impacted by the Proposed Development.
5The Tribunal has considered the Party’s submission, was in receipt of and considered the contents of the statement. There were no objections raised by either Party to the requests for Party Status. Therefore, the Tribunal granted on consent Party Status to CN.
HEARING
6Chris Barnett, Counsel for the Applicants/Appellants, provided a brief update on the status of the application. He advised that he has been in contact with the City and understands the City Council will be meeting this week to provide instructions for counsel. Mr. Barnett advised that in consultation with the City, they would be requesting a 12-day hearing due to the nature of the proposal.
7Carlton Thorne, Counsel for the City, confirmed that the City’s Committee of the Whole, reviewed the Staff Report last week concerning this development proposal and that a City council meeting would be held this week, on September 27, 2023, at which time final instructions will be provided to counsel. Mr. Thorne agrees a 12-day hearing is reasonable, concerning the number of witnesses which may be required and the nature of the applications.
8Kevin Pirak, counsel for CN, agreed with the requested hearing dates.
MEDIATION
9The Parties were advised that Tribunal-led mediation was available and that they are aware that they may request this mediation at their convenience.
DRAFT PROCEDURAL ORDER AND ISSUES LIST
10The Tribunal canvassed the Parties regarding the time needed to draft a Procedural Order (“PO”) and Issues List (“IL”). On consent, the Tribunal directed that a complete draft PO be provided to the Case Coordinator no later than Friday, October 20, 2023. Counsel for the Applicants/Appellants will co-ordinate and provide the draft PO to the Tribunal by the appointed date.
HEARING DATES
11The Tribunal finds setting a hearing date is reasonable considering the nature of the applications and considering a third party has been added to the proceedings. Therefore, the Tribunal directs that a 12-day hearing will be held by video commencing on Tuesday, July 2, 2024, at 10 a.m.
12Parties 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 Meeting: https://meet.goto.com/370987861
Access code: 370-987-861
13Parties 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
14Persons 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) 1 888 455 1389 or +1 (647) 497-9391. The access code is 370-987-861.
15Individuals 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.
16No further notice will be given.
17The Member is not seized of the matter, but subject to scheduling availability, may be spoken in regard to case management.
18The directions in this Decision are so ordered.
“Eric S. Crowe”
ERIC S. CROWE
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.