9218 Yonge Street Inc. v. Richmond Hill (City), 2024 CanLII 51664

du territoire

Ontario Land Tribunal

Tribunal ontarien de l’aménagement

ISSUE DATE: May 28, 2024

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 and 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 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 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

Heard: May 7, 2024 by Video Hearing

APPEARANCES:

Parties

Counsel

9218 Yonge Street Inc.

Christopher Tanzola

Michael Cara (in absentia)

City of Richmond Hill

Carlton Thorne

Antonio Dimilta

Region Municipality of York

Samantha Whalen

Bola Ogunmefun (in absentia)

2864249 Ontario Inc.

Brett Davis

Isaac Tang (in absentia)

MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN ON MAY 7, 2024 AND INTERIM ORDER OF THE TRIBUNAL

INTRODUCTION

1The Tribunal convened a Settlement Hearing (“Settlement”) in respect of the appeals filed by 9218 Yonge Street Inc. (“Appellant”) against the City of Richmond Hill’s (“City) failure to make a decision on an application to Amend the Official Plan (“OPA”) and the Zoning By-law (“ZBA”) within the timeframes prescribed in the Planning Act, R.S.O. 1990, c. P. 13, as amended (“Act”).

2The lands that are the subject of the applications are located at 9218 Yonge Street (“Subject Lands”) and the original 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.

3The Tribunal having been advised that the Parties have reached a settlement and having heard the testimony of Mr. Manett attesting to the merit of the planning instruments being introduced through this settlement, allows the OPA in part, as modified as set out in Attachment 1 to this Order, and as modified, is approved.

4The Tribunal allows the appeal against By-law No. 2523 of the City of Richmond Hill, in part and approves the ZBA in principle, as set out in Attachment 2 to this Order. The Tribunal will withhold the issuance of its Final Order with respect to the related ZBA until such time as the City advises the Tribunal that the implementing ZBA has been finalized to the satisfaction of the Commissioner of Planning and Building Services.

DESCRIPTION OF SITE AND SURROUNDING CONTEXT

5The Subject Site is located at the southwest corner of Yonge Street and Carville Road. Carville Road continues as 16th Avenue east of Yonge Street. The Property has a frontage of approximately 69.7 metres along Carville Road and 75.5 metres along Yonge Street. The Site has an area of approximately 0.74 hectares (1.82 acres). The Property is currently improved with two commercial buildings, each one-storey in height, and surface parking.

6Low-scale commercial development is located immediately south of the Subject Site on the west side of Yonge Street, north and south of Spruce Avenue. Further south, on the west side of Yonge Street, is a high-density mixed-use development consisting of two 15-storey towers. To the west of the Subject Site, along Carville Road, a proposed development known as the “Goldenville” application was approved in principle with a high-density mixed-use proposal comprised of two 32-storey towers and a 16-storey tower, with a floor space index (FSI) of 5.66 times.

7To the north, at the northwest corner of Yonge and Carville, is the Hillcrest Mall site (9350 Yonge Street). For this site, the Official Plan Amendment has been approved, and the Zoning By-law Amendment has been approved in principle for a mixed-use development comprised of two residential towers with heights of 26 and 30 storeys with an FSI of 4.8.

8Immediately south of 9251 Yonge Street, the “Great Lands” development has been constructed with four residential towers of 11, 11, 20, and 24 storeys and a floor area ratio (FAR) of 390 percent.

CHRONOLOGY OF THE APPLICATIONS

9The applications for an OPA and ZBA were submitted to the City on November 10, 2021, and determined to be complete on November 30, 2021.

10Due to the City’s refusal to make a decision regarding the requested OPA and ZBA applications for the Subject Site, the Applications were appealed to the Tribunal on April 27, 2022.

11On March 8, 2024, the Applicant filed a “With-Prejudice” revised submission with the City (“Revised Development Proposal”).

12On March 27, 2024, City Council accepted the Revised Development Proposal, and directed that appropriate City staff were to appear at the Ontario Land Tribunal as necessary in support of the Council’s position supporting the subject applications.

PROPOSED SETTLEMENT

13Briefly summarized, the Settlement Proposal outlines the following changes to the initial submission:

14The Settlement Proposal has also been updated to include matters related to transportation, parking, loading, waste management, servicing, and access/connectivity. The Site Plan drawing has been updated to accommodate vehicular and pedestrian interconnections to the properties to the south and west, with the final details of such interconnections to be resolved with the City through the Site Plan approval process. The architectural plans have also been updated to address comments related to turning radii onto Carville Road and Yonge Street, loading space and waste management details, and shoring/dewatering systems for the underground parking garage.

15The Settlement Proposal provides for an east-west pedestrian and vehicular connection along the southern boundary of the Subject Site for the purpose of providing interconnections to the properties to the west and to the south.

16The following Transportation Demand Management (TDM) measures will be secured in the development approvals for the Site:

a) Transit incentives in the form of Presto cards provided to residents and employees of the proposed development;

b) Transit and active transportation information packages and communications strategy;

c) Pedestrian and cycling connections through the site plan design of the proposed development;

d) Weather protection for a minimum of 50 percent of short-term bicycle spaces;

e) Secured locations at-grade or one level underground for long-term bicycle spaces;

f) Entrances to indoor bicycle parking areas shall be a minimum of 2.0 metres wide and automatic/powered;

g) One bicycle maintenance facility to be provided per 200 long-term bicycle spaces or portion thereof;

h) Provision of bicycle maintenance facilities, which include a repair stand, tools, and an air pump for inflating bicycle tires;

i) One shower/change facility is to be provided for every 60 bicycle parking spaces for non-residential uses or a portion thereof;

j) Six additional bicycle parking spaces are to be provided for public use, in addition to the short-term spaces noted above;

k) Work-from-home space with a minimum area of 100 square metres to be provided within the proposed development, for use by residents only;

l) Five car share spaces to be provided on site with an $80 per unit per year membership to be provided for a period of three years and the engagement of a reputable car share provider to operate a minimum of two car share vehicles at the Site for a minimum period of three years; and

m) Provisions of a TDM monitoring program consisting of initial and follow-up surveys that shall be distributed to residents when the proposed development reaches 50 percent occupancy and at approximately two years after the date of the initial survey, respectively.

EVIDENCE AND ANALYSIS

17The written materials before the Tribunal were the Affidavit of Michael Manett sworn on May 1, 2024, which was marked as Exhibit 1. Mr. Manett is a full member of the Canadian Institute of Planners and a Registered Professional Planner with the Ontario Professional Planners Institute. He has over 50 years of land use planning and urban design experience. The Tribunal qualified him to provide viva voce opinion evidence on land use planning with the consent of the Parties.

18Mr. Manett provided a comprehensive contextual and planning rationale in support of the Proposed Development. He opined that both the OPA and the ZBA, which will facilitate the Proposed Development, satisfies all requisite legislative tests and overall, is representative of good planning and urban design and is in the public interest.

19It is Mr. Manett’s opinion that the Settlement Proposal is transit-supportive and compatible with the surrounding residential area, which will contribute to the creation of complete communities. The revised development introduces a high-density development that is supportive of existing and planned transit infrastructure, provides for an urban built form that is massed, designed, and oriented to people and creates an active and attractive street condition, and reduced and/or shared parking requirements that reflect the close proximity to transit and complementary uses.

20The Proposed Development optimizes the use of existing land and infrastructure within a settlement area while also contributing to a number of Provincial objectives, including an increase to the number and type of housing options, encouraging the use of existing and planned higher-order transit infrastructure, and creating a high quality, safe, accessible, attractive, and vibrant community. The Proposed Development will also assist in the provision of additional housing choices for existing and future residents and support the Province and the City in meeting their housing objectives.

21Mr. Manett attested that the Proposed Development establishes an appropriate transition to the surrounding area as a mixed-use, high-rise development being proposed within the Yonge and Carrville/16th Avenue Key Development Area (KDA) and at the corner of two main arterial roads, being Carrville Road and Yonge Street. The proposal has also been designed in a sensitive manner to ensure compatibility with adjacent land uses.

22Overall, Mr. Manett opined that the OPA and ZBA are consistent with the Provincial Policy Statement, 2020 (“PPS”) and conform to the A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019 (“Growth Plan”), conform with the Region of York Official Plan and the City of Richmond Hill Official Plan, and that the Settlement Proposal represents good planning, good design, and is in the public interest.

23On the strength of the uncontradicted expert opinion evidence of Mr. Manett, and upon a review of the applicable provisions of the Act, the PPS, the Growth Plan, and the OPs, the Tribunal is satisfied that the proposed development through the OPA and ZBA represents an efficient use of land, resources, and infrastructure, and it achieves important local and provincial policy objectives.

24Further, the Tribunal is of the view that the Settlement reached by the Parties is fair and reasonable and that the resulting OPA and ZBA represents good planning in the public interest. The Tribunal commends the Parties in working collaboratively in order to reach a settlement in these proceedings.

INTERIM ORDER

25THE TRIBUNAL ORDERS that the appeal is allowed in part, and the Official Plan Amendment for the City of Richmond Hill is modified as set out in Attachment 1 to this Order, and as modified, is approved.

26THE TRIBUNAL ORDERS that the appeal against By-law No. 2523 of the City of Richmond Hill is allowed in part, on an interim basis, contingent upon confirmation, satisfaction or receipt of the pre-requisite matters identified in paragraph [27] below, and the Zoning By-law Amendment set out in Attachment 2 to this Order, is approved in principle.

27The Tribunal will withhold issuance of its Final Order in relation to the Zoning By-law Amendment contingent upon receipt of confirmation from the City Solicitor that the Draft Zoning By-law Amendment has been finalized to the satisfaction of the City’s Commissioner of Planning and Building Services.

28The Member will remain seized for the purposes of reviewing and approving the final draft of the Zoning By-law Amendment and the issuance of the Final Order.

29If the Parties do not submit the final draft of the Zoning By-law Amendment, and do not request the issuance of the Final Order on or before Friday, September 6, 2024, the Appellant and the City shall provide a written status report to the Tribunal by that date, as to the timing of the expected confirmation and submission of the final form of the draft Zoning By-law Amendment and request for the issuance of the Final Order of the Tribunal.

30The Tribunal may, as necessary, arrange the further attendance of the Parties by Telephone Conference Call to determine the additional timelines and deadlines for the submission of the final form of the instrument and the issuance of the Final Order.

31The Member may be spoken to should any issues arise with respect to the implementation of this Order.

“D. Chipman”

D. CHIPMAN

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.

ATTACHMENT 1

ATTACHMENT 2