Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 23, 2024
CASE NO.: OLT-22-003009
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 10870 Yonge Street Limited
Appellant: Saad Askandar
Appellant: Dogliola Developments Inc.
Appellant: Richmond Hill Retirement Inc. et al; and others
Subject: Official Plan Amendment No. 8
Description: To permit a guide for future development around the intersection of Yonge Street and Bernard Avenue
Reference Number: D11-17001
Property Address: Yonge & Bernard Key Development Secondary Plan
Municipality/UT: Richmond Hill/York
OLT Case No.: OLT-22-003009
Legacy Case No.: PL180073
OLT Lead Case No.: OLT-22-003009
Legacy Lead Case No.: PL180073
OLT Case Name: Askander v. Richmond Hill (Town)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 10870 Yonge Street Limited
Appellant: Saad Askandar
Appellant: Dogliola Developments Inc.
Appellant: Richmond Hill Retirement Inc. et al; and others
Subject: By-law No. 1117-17
Description: To permit a guide for future development around the intersection of Yonge Street and Bernard Avenue
Reference Number: D24-17001
Property Address: Yonge & Bernard Key Development Secondary Plan
Municipality/UT: Richmond Hill/York
OLT Case No.: OLT-22-003025
Legacy Case No.: PL180074
OLT Lead Case No.: OLT-22-003009
Legacy Lead Case No.: PL180073
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Yonge MCD Inc.
Subject: Request to amend the Official Plan - Failure of Town of Richmond Hill to adopt the requested amendment
Description: To permit a mixed-use commercial/residential high-rise building, 3 high rise residential buildings, 22 street townhouse dwelling units, 160 condominium townhouse dwelling units, 8 single detached dwellings, and a public park
Reference Number: D01-16002
Property Address: Various Addresses
Municipality/UT: Richmond Hill/York
OLT Case No.: OLT-22-003019
Legacy Case No.: PL170770
OLT Lead Case No.: OLT-22-003009
Legacy Lead Case No.: PL180073
OLT Case Name: Yonge MCD Inc. v. Richmond Hill (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Yonge MCD Inc.
Subject: Application to amend Zoning By-law No. 2523 and By-law 190-87 - Refusal or neglect of Town of Richmond Hill to make a decision
Description: To permit a mixed-use commercial/residential high-rise building, 3 high rise residential buildings, 22 street townhouse dwelling units, 160 condominium townhouse dwelling units, 8 single detached dwellings, and a public park
Reference Number: D-02-16012
Property Address: Various Addresses
Municipality/UT: Town of Richmond Hill
OLT Case No.: OLT-22-003023
Legacy Case No.: PL170771
OLT Lead Case No.: OLT-22-003009
Legacy Lead Case No.: PL180073
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Yonge MCD Inc.
Subject: Proposed Plan of Subdivision - Failure of Town of Richmond Hill to make a decision
Description: To permit a mixed-use commercial/residential high-rise building, 3 high rise residential buildings, 22 street townhouse dwelling units, 160 condominium townhouse dwelling units, 8 single detached dwellings, and a public park
Reference Number: D-03-16006
Property Address: Various Addresses
Municipality/UT: Town of Richmond Hill
OLT Case No.: OLT-22-003024
Legacy Case No.: PL170772
OLT Lead Case No.: OLT-22-003009
Legacy Lead Case No.: PL180073
BEFORE:
D.S. COLBOURNE
VICE-CHAIR
Tuesday, the 23rd day of April, 2024
THESE APPEALS having come on for a public hearing and the Tribunal having issued a Decision on April 17, 2020, allowing in part the revised applications for an amendment to the City of Richmond Hill ("City") Official Plan, an amendment to City Zoning By-law No. 190-87, and for a draft plan of subdivision submitted by Yonge MCD Inc. for the Phase 1 lands, but withholding the final Order until the City and Yonge MCD Inc. confirm that certain conditions have been satisfied;
AND THE TRIBUNAL having been advised by the City and Yonge MCD Inc. that the conditions have been satisfied, issued a decision on September 30, 2020, approving the Official Plan Amendment, Zoning By-law Amendment, and the draft plan of subdivision applications of Yonge MCD Inc. (the "Yonge MCD Inc. Approvals");
AND THE TRIBUNAL having considered the viva voce evidence regarding the scope of the City's Key Development Area as it applies to the Yonge MCD Inc. lands, which scope was agreed to between the City and Yonge MCD Inc., issued a decision on February 26, 2021, giving effect to the finalized boundary of the Key Development Area on the Yonge MCD Inc. lands (the "KDA Boundary Decision");
AND THE TRIBUNAL having received a request on March 21, 2024, for an administrative correction and amending order, brought on consent by the City and Yonge MCD Inc., to correct the decision that gave rise to the Yonge MCD Inc. Approvals in order to give effect to the KDA Boundary Decision (the "Request");
AND THE TRIBUNAL having considered the attachments to the Request that were filed on consent with the City, which attachments contained the following draft instruments:
- Revisions to the approved amendment to the City's Official Plan (Attachment 5);
- Revisions to the approved amendment to the City's Zoning By-law No. 190-7 and associated schedules/mapping (Attachment 6);
- Revisions to the approved Draft Plan of Subdivision (Attachment 3); and
- Revisions to the approved Draft Plan of Subdivision conditions (Attachment 7).
AND THE TRIBUNAL having considered the Request and the above noted draft attachments/instruments, agrees to exercise its discretion to correct/amend the Yonge MCD Inc. Approvals in order to give effect to the KDA Boundary Decision as it relates to the Yonge MCD Inc. lands only;
THE TRIBUNAL ORDERS that the Request is granted and the:
- Amendment to the City's Official Plan, attached as Schedule "A", is approved;
- Amendment to the City's Zoning By-law No. 190-87, attached as Schedule "B", is approved;
- The revisions to the approved draft plan of subdivision, attached as Schedule "C", is approved; and
- That the revisions to the approved draft plan of subdivision conditions, attached as Schedule "D", are approved.
AND THE TRIBUNAL FURTHER ORDERS that in the event there are issues arising from the implementation of this Order, the Tribunal may be spoken to.
"Euken Lui"
EUKEN LUI
ACTING 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.
SCHEDULE A
SCHEDULE B
SCHEDULE C
SCHEDULE D