Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 09, 2024
CASE NO(S).: OLT-24-000758
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 1921318 Ontario Limited
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit development of 23-storey mixed-use building comprised of 395 residential units and 1,950 m2 of commercial space
Reference Number: OPA-24-0001
Property Address: 8790 Yonge Street
Municipality/UT: Richmond Hill/York
OLT Case No.: OLT-24-000758
OLT Lead Case No.: OLT-24-000758
OLT Case Name: 1921318 Ontario Limited 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: 1921318 Ontario Limited
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
To permit development of 23-storey mixed-use building comprised of 395 residential units and 1,950 m2 of commercial space
Reference Number: ZBLA-24-0002
Property Address: 8790 Yonge Street
Municipality/UT: Richmond Hill/York
OLT Case No.: OLT-24-000759
OLT Lead Case No.: OLT-24-000758
Heard: October 8, 2024, by Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
1921318 Ontario Limited
J. Alati G. O’Brien
City of Richmond Hill
C. Thorne
Condor Properties Ltd.
A. Beduz*
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN ON OCTOBER 8, 2024 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) in the matter of an Appeal by 1921318 Ontario Limited (“Applicant” / “Appellant”) arising from the failure of the City of Richmond Hill (“City”) to make a decision on the Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”), (“Applications”), pursuant to ss. 22(7) and 34(11) of the Planning Act (“Act”), for the property located at 8790 Yonge Street (“site”).
2The purpose of the Applications is to facilitate the construction of a 23-storey mixed-use building comprised of 395 residential units and 1,950 square metres of commercial space.
3The Tribunal marked the Affidavit of Service as Exhibit 1.
PARTY STATUS REQUEST
4Prior to the CMC, the Tribunal received Party Status request from Condor Properties Ltd. (“Condor”). Condor is the adjacent landowner to the site and has an interest in cost sharing of the infrastructure. The statutory Parties had no objections in granting the requested status. The Tribunal granted Party Status to Condor.
MEDIATION
5The Tribunal reminded the Parties that if they are interested in Tribunal-led mediation, to reach out to the assigned Case Coordinator.
DRAFT PROCEDURAL ORDER, ISSUES LIST, CMC AND HEARING
6Prior to the CMC, the Tribunal received a draft Procedural Order (“PO”) that did not contain an Issues List (“IL”). At the CMC, Parties requested a second CMC to be scheduled, where the Appellant will be seeking to consolidate this matter with OLT Case No. OLT-23-001120; and to schedule a 10-day Hearing at the second half of March in 2025.
7The Tribunal directed Parties to provide an updated draft PO and IL on or before Friday, December 6, 2024.
8A second CMC is scheduled to commence on Tuesday, December 10, 2024 at 10 a.m.
9A 10-day Hearing is scheduled to commence on Monday, March 24, 2025 at 10 a.m. until Friday, April 4, 2025.
10The hearings are scheduled to proceed by video as follows:
Tuesday, December 10, 2024 at 10 a.m. One-Day Case Management Conference GoTo Meeting https://global.gotomeeting.com/join/719383509 Access code: 719-383-509 Audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889 Audio-only access code: 719-383-509
Monday, March 24, 2025 to Friday, April 4, 2025 at 10 a. m. 10-day Merit Hearing) Go To Meeting: https://meet.goto.com/348282861 Access code: 348-282-861 Audio-only line: +1 (647) 497-9373 or (Toll-Free) 1 888-299-1889 Audio-only access code: 348-282-861
11Parties and Interested Person are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections.
12Parties and Interested Person 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html
13Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line.
14Individuals 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 event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.
ORDER
15The Tribunal directives above are so ordered.
16This Member is not seized.
17There will be no further notice.
“P. Tomilin”
P. TOMILIN
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.