Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 22, 2024
CASE NO.: OLT-22-004270
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: First Baymac Developments Limited & Canadian Property Holdings (Ontario) Inc. c.o.b. SmartCentres REIT
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a retirement residence of 8 and 9 storeys with 242 units
Reference Number: D01-21001
Property Address: 1070 Major Mackenzie Drive East
Municipality/UT: Richmond Hill/York
OLT Case No.: OLT-22-004270
OLT Lead Case No.: OLT-22-004270
OLT Case Name: First Baymac Developments Limited & Canadian Property Holdings (Ontario) 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: First Baymac Developments Limited & Canadian Property Holdings (Ontario) Inc. c.o.b. SmartCentres REIT
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a retirement residence of 8 and 9 storeys with 242 units
Reference Number: D02-21002
Property Address: 1070 Major Mackenzie Drive East
Municipality/UT: Richmond Hill/York
OLT Case No.: OLT-22-004271
OLT Lead Case No.: OLT-22-004270
BEFORE:
ROBERT G. ACKERMAN MEMBER
Tuesday, the 22nd day of May, 2024
THESE MATTERS having come before the Ontario Land Tribunal (the “Tribunal”) for a public hearing on July 4, 2023 and July 10, 2023 by video hearing and August 15, 2023 by written hearing, and the Tribunal, in its decision issued on November 1, 2023 (the “Decision”) having allowed the appeals of the Official Plan Amendment application and Zoning By-law Amendment application;
AND THE TRIBUNAL having withheld its Final Order with respect the Official Plan Amendment application and Zoning By-law Amendment application until such time that the City advises the Tribunal that the Official Plan Amendment and Zoning By-law Amendment has been finalized to the satisfaction of the Commissioner of Planning and Infrastructure;
AND THE TRIBUNAL having been advised that the Official Plan Amendment and Zoning By-law Amendment has been finalized to the satisfaction of the Commissioner of Planning and Infrastructure;
THE TRIBUNAL ORDERS that the Official Plan, attached as Attachment “1”, and the Zoning By-law Amendment, attached as Attachment “2”, are approved;
THE TRIBUNAL may be spoken to in the event that the Parties have any difficulty in implementing this Decision and Order.
“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.
ATTACHMENT 1
Amendment 34 To The Richmond Hill Official Plan
Table of Contents
Title Page
Adopting By-law (i)
Part One – The Preamble
1.1 Purpose 2 1.2 Location 2 1.3 Basis 2
Part Two – The Amendment
2.1 Introduction 3 2.2 Details of Amendment 3 2.3 Implementation and Interpretation 3
(i)
The Corporation of The City Of Richmond Hill
By-Law 48-24
A By-law to Adopt Amendment 34 to the Richmond Hill Official Plan
The Council of the Corporation of the City of Richmond Hill, in accordance with provisions of the Planning Act, R.S.O. 1990, hereby enacts as follows:
That Amendment 34 to the Richmond Hill Official Plan, consisting of the attached Part Two is hereby adopted.
This by-law shall come into force and take effect on the day of the final passing thereof.
Passed this ____ day of ____________, 2024.
Ontario Land Tribunal
-1-
Part One - The Preamble is not a part of the Amendment.
Part Two - The Amendment, consisting of text and maps, constitutes Amendment ___ to the Richmond Hill Official Plan.
-2-
Part One – The Preamble
1.1 Purpose
The purpose of this Amendment to the Official Plan of the Richmond Hill Planning Area is to permit a site specific exception and by adding provisions permitting a mixed residential and commercial development, with a nine storey retirement residence and up to a maximum overall gross density of 3.25 Floor Area Ratio. Permitted uses include seniors dwelling units, assisted living dwelling units and accessory uses to a retirement residence.
1.2 Location
The lands affected by the amendment are legally described Part of Lot 21, Concession 2, municipally known as 1070 Major Mackenzie Drive East (subject lands).
1.3 Basis
The proposed amendment is considered by Council to be appropriate for the following reasons:
- The proposed amendment is consistent with, and advances the policy themes expressed in, the Provincial Policy Statement, 2020.
- The proposal is in conformity with and advances the policy themes of the Provincial Growth Plan for the Greater Golden Horseshoe and the Regional Municipality of York Official Plan.
- The subject lands are located within the Local Development Area, where the Regional Official Plan and City of Richmond Hill Official Plan identifies that greater levels of intensification will be permitted. As such, additional height and density, is warranted in the circumstance in order to achieve the Regional policies objectives for this strategic location in the Regional and Local context.
- The proposal advances the fundamental policy themes of the Richmond Hill Official Plan. The increased height and density authorized by this amendment is in recognition of the more recent policy framework established in the Provincial Policy Statement (2020) and the Growth Plan (2022).
- All the important impact related considerations and criteria identified in the City Official Plan have been examined and found to be appropriate.
- The use of the subject lands for retirement residential purposes, at the densities proposed, will contribute to satisfying the projected population growth needs of the Regional Municipality of York and the City of Richmond Hill and towards creating a complete community.
- The subject lands have excellent accessibility to existing surface transit, shopping, services, recreational areas and community services.
- The proposal is a considerable investment and an appropriate development for this location. The subject lands are currently underutilized and well located for higher density development.
- The added population to the subject lands will support the many other commercial and service establishments in the area.
- The subject lands benefit from the available road network and area context that can support and accommodate, without adverse impact, the proposed height and density of this proposal.
- The subject lands can be adequately serviced once servicing allocation is made available.
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Part Two - The Amendment
2.1 Introduction
All of this part of the document entitled Part Two – the Amendment, consisting of the following text and the attached schedule designated as Schedule “A”, constitute Amendment 34 to The Richmond Hill Official Plan.
2.2 Details of the Amendment
The Richmond Hill Official Plan is amended as follows:
2.1.1 That Schedule A11 (Exceptions) to the Richmond Hill Official Plan be amended to identify the subject lands as Exception Area #36., as shown on Schedule 1 attached.
2.1.2 By adding the following to Chapter 6 (Exceptions):
6.36
Notwithstanding any other provision of this Plan to the contrary, for the lands known as Part of Lot 21, Concession 2 (Municipal Address:1070 Major Mackenzie Drive East) and shown as Exception Area #36 on Schedule A11 (Exceptions) to this Plan, the following shall apply:
i) the western portion lands shall be used for a retirement residence;
ii) The maximum building height shall be 9 storeys; and,
iii) The maximum Floor Space Index (FSI) shall be 3.06 based on a lot area of 6499 square metres, which is a portion of a larger landholding;.
2.3 Implementation and Interpretation
The implementation of this Amendment shall be in accordance with the provisions of the Planning Act, R.S.O. 1990, and the respective policies of the City of Richmond Hill Official Plan.
The provisions of the Official Plan as amended from time to time, regarding the interpretation of the Official Plan of the City of Richmond Hill, apply in regard to this Official Plan Amendment. In the event of conflict with the Official Plan or any amendment thereto, the provisions of Amendment 34 shall prevail unless otherwise specified.
ATTACHMENT 2
The Corporation of the City of Richmond Hill
By-law 51-24
A By-law to Amend By-law 38-95, as amended of The Corporation of the City of Richmond Hill
The Ontario Land Tribunal enacts as follows:
- That By-law 38-95 as amended of The Corporation of the City of Richmond Hill (“By-law 38-95”) be and is hereby further amended as follows:
a) by rezoning the Lands from “Community Commercial (CC) Zone” to “Institutional One (I1) Zone” under By-law 38-95 as shown on Schedule “A” of this By-law 51-24; and,
b) by adding the following to Section 7 - Exceptions
“7.48
Notwithstanding any inconsistent or conflicting provisions of By-Law 38-95 of the Corporation, as amended, the following special provisions shall apply to the lands zoned “Institutional One (I1) Zone” and more particularly shown as “7.48” on Schedule “A” to By-law 51-24:
i) Definitions
For the purposes of this By-law the following definitions shall apply:
a. Retirement Residence
Means a building or structure which contains dwelling units that:
i. Includes Senior Apartment Living Units and Assisted Living Units and,
ii. Has common facilities for the preparation and consumption of food, and common lounges, recreation rooms and medical care facilities.
b. Assisted Living Unit
Means a unit that provides living accommodations to seniors or special needs users and who may require hospitality services and personal assistance.
c. Senior Apartment Living Unit
Means a building which contains units used for independent living accommodation of senior citizens.
d. Floor Area, Gross
Means the aggregate of the floor areas of a building above established grade, measured between the exterior faces of the exterior walls of the building at each floor level but excluding:
i. loading areas (enclosed and/or open);
ii. a room or enclosed area, including its enclosing walls, within the building or structure, that is used exclusively for the accommodation of mechanical equipment, including the Mechanical Penthouse, heating, cooling, ventilation, electrical equipment, shafts, fire prevention equipment, plumbing or elevator equipment and service and elevator shafts;
iii. bicycle storage and parking areas within the building;
iv. any below grade areas;
v. any space with a floor to ceiling height of less than 1.8 metres (5.91 feet);
vi. unenclosed balconies and terraces; and
vii. any openings in floor slabs such as, but not limited to, a two storey atrium, stairway or second floor of loading space.
e. Mechanical Penthouse
Means the rooftop floor area above the livable area of a building that is used exclusively for the accommodation of mechanical equipment necessary to physically operate the building such as heating, ventilation, air conditioning, electrical, telephone, plumbing, fire protection and elevator equipment and includes walls and structures intended to screen the mechanical penthouse and equipment.
f. Storey
Means that portion of a building between the surface of the floor and the floor, ceiling or roof immediately above, provided that any portion of a building partly below grade level shall not be deemed a storey unless its ceiling is at least 1.8 metres above established grade, and provided that any portion of a storey exceeding 4.5 metres in height shall be deemed an additional storey. Further, the mechanical penthouse shall not be considered a storey for the purpose of calculating building height.
ii) Permitted Uses
a) Retirement Residence (1)
b) Accessory Commercial
Notes: 1) In addition to the permitted uses identified above, all uses permitted under the CC Zone would also be permitted within any building lawfully existing on the day of passing of this By-law.
iii) Development Standards
a. Minimum Lot Area: 0.61 ha (1.50 acres)
b. Minimum Front Yard (West) (1): 4.5 metres (14.76 feet)
c. Minimum Side Yard (South): 1.5 metres (4.92 feet)
d. Minimum Rear Yard (East): 7.5 metres (24.61 feet)
e. Maximum Height (3): 9 storeys/ 34.5 metres
f. Maximum Gross Floor Area: 19,800 square metes
g. Maximum Floor Area Ratio (2): 3.06
h. Maximum Lot Coverage: 47%
i. Maximum Coverage of Mechanical Penthouse: 75% of roof surface
j. Minimum Parking Spaces (4): 0.3 spaces per dwelling unit
k. Minimum Bicycle Parking Spaces: 10 spaces
l. Notwithstanding any other provision in this by-law, the setback to Daylighting Triangles to any above or below grade structures is 0.6 metres (2.0 feet).
m. Notwithstanding Section 5.1.11, the minimum building setbacks, the following encroachments beyond the specified setbacks shall be permitted:
i. Bay windows and sills, railings, cornices, wall-mounted lighting fixtures, awnings, canopies, columns, eaves, guardrails, balustrades, privacy screens, trellises, gazebos, shade structures, screen walls, ornamental and architectural features, landscape structures and features, mechanical equipment, mechanical screens and flag poles, balconies and columns, to a maximum height and projection of 2.5 metres (8.2 feet)
Notes:
For the purpose of this By-law, Bayview Avenue shall be deemed to be the Front Lot Line.
For the purposes of calculating the maximum Floor Area Ratio the maximum Gross Floor Area, and the maximum lot coverage, the lot area shall be deemed to be 6,499 square metres (69,857.78 square feet) regardless of any conveyances for road widening purposes, dedications or severances.
Notwithstanding the maximum building height, the following encroachments above the specified heights shall be permitted:
a. Mechanical Penthouses, to a maximum height of 5.5 metres (18.04 feet).
b. guardrails, privacy screens, trellises, gazebos, shade structures, screen walls, ornamental and architectural features, landscape structures and features, mechanical equipment, mechanical screens and flag poles, to a maximum height projection of 2.5 metres (8.2 feet)
c. Privacy screens, trellises, gazebos, shade structures, screen walls, ornamental and architectural features, landscape structures and features, to a maximum height of 3.0 metres (9.84 feet) .
d. Exit staircases to a maximum height of 3.2 metres (10.49 feet).
- Above grade parking shall not be permitted along the Bayview Avenue or Major Mackenzie Drive East frontages
All other provisions of By-law 51-24 as amended, not inconsistent with the foregoing, shall continue to apply to the lands shown on Schedule “A” attached hereto.
The imperial measurements found in this by-law in brackets are provided for information purposes only and are intended to be an approximate conversion of the metric measurements. The metric or SI measurements shall be deemed to be the standards established by this by-law and, wherever there is a variance between the metric or SI measurements and the imperial measurements, the metric or SI measurement shall apply.
Schedule “A” attached to By-law 51-24 is declared to form a part of this by-law.
The Corporation of The City Of Richmond Hill
Explanatory Note to By-Law 51-24
The Ontario Land Tribunal, under the decision of November 1, 2023 approved this amendment in principle. By-law 51-24 affects the lands described as Part of Lot 21, Concession 2, E.Y.S. City of Richmond Hill, Regional Municipality of York, municipally known as 1070 Major Mackenzie Drive East. By-law No. 38-95, as amended, of The Corporation of the City of Richmond Hill zones the lands “Community Commercial (CC) Zone”. By-law No. 51-24 will have the effect of rezoning a portion of the subject lands identified in dashed black lines to a new site specific zone category "Institutional One (I1) Zone” with site specific provisions to permit a 9 storey retirement residence on the lands shown on Schedule “A”.