Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 17, 2025
CASE NO.: OLT-22-003759
PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: 4Q Commercial WP Inc. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit the development of 15-storey, 18-storey and 35-storey residential buildings Reference Number: D01-20013 Property Address: 11160 Yonge Street Municipality/UT: Richmond Hill/York OLT Case No: OLT-22-003759 OLT Lead Case No: OLT-22-003759 OLT Case Name: 4Q Commercial WP Inc. 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: 4Q Commercial WP Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the development of 15-storey, 18-storey and 35-storey residential buildings Reference Number: D02-20025 Property Address: 11160 Yonge Street Municipality/UT: Richmond Hill/York OLT Case No: OLT-22-003760 OLT Lead Case No: OLT-22-003759
BEFORE:
F. LAVOIE MEMBER
HUGH S. WILKINS VICE-CHAIR
Monday, the 17th day of March, 2025
THIS MATTER having come on for a settlement hearing in writing and the Ontario Land Tribunal (the “Tribunal”) in its Decision and Interim Order issued on February 16, 2024 having withheld its Final Order until such time as the City of Richmond Hill advises the Tribunal that the conditions set out in “Appendix C” to the Interim Order and Decision have been satisfied;
AND THE TRIBUNAL having received confirmation from the Solicitor for the City of Richmond Hill advising that the aforementioned conditions set out in “Appendix C” to the Interim Order and Decision have been satisfied;
THE TRIBUNAL ORDERS that the appeal with respect to the Official Plan Amendment is allowed and the Official Plan for the City of Richmond Hill is amended as set out in Attachment “1” to this Order;
AND THE TRIBUNAL ORDERS that the appeal with respect to the Zoning By-law Amendment is allowed and By-law 190-87, as amended, of the City of Richmond Hill is hereby amended as set out in Attachment “2” to this Order. The Tribunal authorizes the municipal clerk of the City of Richmond Hill to assign a number to this by-law for record keeping purposes.
“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 47 To The Richmond Hill Official Plan
Table of Contents
Title Page
Part One – The Preamble 1.1 Purpose 1 1.2 Location 1 1.3 Basis 1
Part Two – The Amendment 2.1 Introduction 2 2.2 Details of Amendment 2
Richmond Hill Official Plan Official Plan Amendment 47
The attached schedule and explanatory text constitute Amendment No. 47 to the City of Richmond Hill Official Plan.
This amendment was approved by the Ontario Land Tribunal in accordance with Sections 17 and 22 of the Planning Act on the ____ day of ____________, 2025.
Part One – The Preamble
1.1 Purpose
The purpose of this Amendment to the Richmond Hill Official Plan is to amend Chapter 6 of the Official Plan of the City of Richmond Hill in order to provide site specific polices related to 11160 Yonge Street and to amend Schedule A11 to add the Exception Area 44 to the Schedule. This Amendment will allow a high density, mixed use residential/commercial development comprised of three (3) apartment buildings with heights of 22, 15 and 12 storeys that are connected by a four (4) storey podium, and an overall maximum gross density of 4.15 Floor Space Index (FSI) on the subject lands.
1.2 Location
The lands affected by this Amendment are located on the west side of Yonge Street, north of Brookside Drive, and are legally described as Part of Lot 4, Part of Lot 6 and Part of Block A, Registered Plan 1642; Except Parts 1 and 2, YR2266449 (Municipal Address: 11160 Yonge Street) (the “Subject Lands”). The area of the Subject Lands proposed to be developed is 1.06 hectares (2.62 acres) and are shown on Schedule “1” attached hereto.
1.3 Basis
The proposed amendment is considered appropriate in accordance with the reasons provided by the Ontario Land Tribunal in its Decision dated _________________ (Case No. OLT-22-003759) attached hereto.
Part Two – The Amendment
2.1 Introduction
All of this part of the document entitled Part Two – The Amendment, consisting of the following text outlined in Section 2.2 constitute Amendment 47 to the Richmond Hill Official Plan.
2.2 Details of the Amendment
The Official Plan of the City of Richmond Hill, is amended as follows:
2.2.1 That Schedule A2 (Land Use) to the Richmond Hill Official Plan be amended by redesignating a portion of the subject lands from “Neighbourhood” to “Natural Core” to reflect the greenway system, as shown on Schedule 1 attached.
2.2.2 That Schedule A11 (Exceptions) to the Richmond Hill Official Plan be amended to identify the subject lands as Exception Area Number 44, as shown on Schedule “1” attached.
2.2.3 By adding the following to Chapter 6 (Exceptions):
“6.44
Notwithstanding any other provision of this Plan to the contrary, in accordance with Ontario Land Tribunal Decision dated _______________ (Case No. OLT-22-003759) for the lands known as Part of Lot 4, Part of Lot 6 and Part of Block A, Registered Plan 1642; Except Parts 1 and 2, YR2266449 (Municipal Address: 11160 Yonge Street) and shown as Exception Area Number 44 on Schedule A11 (Exceptions) to this Plan, the following shall apply:
a. the developable portion of the lands shall be used for a high density, mixed use residential development consisting of three (3) apartment buildings containing residential units with ground level commercial located adjacent to Yonge Street;
b. the maximum building height permitted shall be 12, 15 and 22 storeys, exclusive of mechanical penthouse, with building heights increasing towards the Yonge Street frontage;
c. the maximum density permitted shall be 4.15 Floor Space Index (FSI) based on a lot area of 10,612 square metres;
d. the maximum gross floor area shall be 44,100 square metres; and,
e. the maximum tower floor plate size shall be 800 square metres.”
Attachment “2”
The Corporation of the City of Richmond Hill
By-law 12-25
A By-law to Amend By-law 190-87, as amended, of The Corporation of the City of Richmond Hill
Now Therefore the Ontario Land Tribunal approves as follows:
- That By-law 190-87, as amended, of The Corporation of the City of Richmond Hill (“By-law 190-87”), be and hereby is further amended as follows:
a) by rezoning the lands shown on Schedule “A” to this By-law 12-25 (the “Lands”) from “General Commercial One (GC1) Zone” to “Multiple Residential Ten (RM10) Zone” and “Flood (F) Zone”. In addition, the westerly portion of the site shall be rezoned from “Residential Single Family Six (R6) Zone” to “Open Space (O) Zone” under By-law 190-87, as amended;
b) by adding the following to Section 10 – EXCEPTIONS
“10.90
Notwithstanding any inconsistent or conflicting provision of By-law 190-87, as amended, the following special provisions shall apply to the lands zoned “Multiple Residential Ten (RM10) Zone” and more particularly shown as “RM10” on Schedule “A” to this By-law 12-25 and denoted by a bracketed number (10.90):
DEFINITIONS
For the purposes of this By-law, the following definitions shall apply:
AMENITY SPACE Means outdoor space on a lot that is communal and available for use by the occupants of a building on the lot for recreational or social activities.
BASE BUILDING Means the portion of a high rise building below the tower portion of a building.
BUILDING Means a structure occupying an area greater than 10 square metres (107.64 square feet) consisting of a wall, roof and floor, or any one or more of them, or a structural system serving the function thereof, including all works, fixtures and service systems appurtenant thereto.
COMMERCIAL Means the use of land, buildings or structures for the purpose of buying or selling commodities and supplying of services, including personal service uses provided to the public (such as restaurants with or without drive-through, florists, dry cleaners, tailors, hair salons and financial institutions) or where entertainment is offered for gain or profit (such as motion picture or other theatre, public hall, billiard or pool rooms, an establishment offering three or more electronic games for public use, bowling alley, ice or rollerskating rink, miniature golf course and all other similar places of amusement).
Commercial use shall also include but are not limited to the following defined terms: a) Clinic b) Financial Institution c) Hotel d) Major Office e) Major Retail f) Motel g) Office h) Office, Medical i) Retail j) Veterinary Clinic
Commercial uses shall exclude automobile service station, gas bar, gas bar convenience retail store, motor vehicle/lubrication establishment, motor vehicle washing establishment, auto body repair shop, repair shops for internal combustion engines, motorized vehicles or similar uses, or public garage.
DWELLING UNIT Means a unit that: a) consists of one self-contained set of rooms located in a building or a structure; b) is used or has the capability of being used as a domicile by one or more persons as a single housekeeping unit; c) contains cooking, eating, living, sleeping and sanitary facilities designated for the exclusive use of its occupants, and d) has a means of egress to the outside of a building, which may be a means of egress with other shared dwelling units.
Floor Area Means the total horizontal area of all floors in a building.
FLOOR AREA, GROSS Means the aggregate of the floor areas of a building, measured between the exterior faces of the exterior walls of the building at each floor level but excluding basement, mechanical penthouses, loading areas, a parking structure, elevator shaft, stairwell, mechanical or electrical rooms, and any space with a floor to ceiling height of less than 1.8 metres.
FLOOR SPACE INDEX Means the maximum gross floor area of all buildings on the lot expressed as a ratio or multiple of the lot area.
GRADE Means the level of the ground adjacent to the outside wall of a building or structure.
GRADE, ESTABLISHED Means with reference to a building or structure, the average elevation of the finished surface of the ground where it meets the exterior of the front of such building and, when used with reference to a structure other than a building, shall mean the average elevation of the finished grade of the ground immediately surrounding such structure, exclusive in both cases of any artificial embankment or entrenchment and when used with reference to a street or road means the elevation of the street or road established by the Corporation or other designated authority.
Height, Building Means with reference to a building or structure, the vertical distance measured from the established grade of such building or structure to: (i) the highest point of the roof surface or the parapet, whichever is the greater, of a flat roof; (ii) the deckline of a mansard roof; (iii) the mean level between eaves and ridge of a gabled hip or gambrel roof or other type of pitched roof; (iv) in case of a structure with no roof, the highest point of the said structure.
Flagpoles, mechanical penthouses and rooftop constructions shall not be included in the calculation of maximum building height.
HIGH RISE Means buildings or structures with a height of 9 storeys or greater.
HOME OCCUPATION Means an economic enterprise operated within a dwelling unit, incidental and secondary to the residential use.
LANDSCAPING Means any combination of trees, shrubs, flowers, grass or other horticultural elements, decorative stonework, paving, screening or other architectural elements, all of which is designed to enhance the visual amenity of a property and shall not include amenity space, parking areas, driveways or ramps.
loading space Means an unobstructed area of land which is provided and maintained upon the same lot or lots upon which the principal use is located and which: a) is provided for the temporary parking of one or more commercial motor vehicles while merchandise or materials are being loaded or unloaded from such vehicles; b) is suitable for the temporary parking of one commercial motor vehicle; and c) shall not be used for the purpose of sale or display.
LOT COVERAGE Means the percentage of the lot, covered by all buildings. Lot coverage in each zone shall be deemed to apply only to that portion of such lot which is located within said zone. The calculation of lot coverage shall not include that portion of such lot which is occupied by a building or portion thereof completely below grade or provides linkage between buildings above the ground floor.
Mechanical Penthouse Means the rooftop floor area above the livable area of a building that is used exclusively for the accommodation of stairwells and/or 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.
outdoor DISPLAY AND SALES AREA Means an area of land used in conjunction with a business located within a building or structure on the same lot, for the display or sales of seasonal produce, new merchandise or the supply of services.
outdoor storage Means any accessory storage outside of a principal or main building or structure on a lot.
STOREY Means the portion of a building between the surface of a 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 (5.91 feet) above grade, and provided that the floor to ceiling height of a storey shall not exceed 4.5 metres (14.76 feet). Any storey with a floor to ceiling height beyond 4.5 metres (14.76 feet) shall be deemed an additional storey. Mechanical penthouses and rooftop constructions that are exempt from the building height calculation shall not be considered a storey.
STRUCTURE Means anything that is erected, built or constructed of parts joined together and attached or fixed permanently to the ground. For the purpose of this By-law, a fence, a retaining wall, a light standard and a sign shall be deemed not to be structures.
TOWER Means all storeys above the base building in a high rise building.
TOWER FLOOR PLATE Means the total gross floor area of an individual floor within the building located above the base building, measured from the exterior of the main walls.
(i) PERMITTED USES
Permitted uses are limited to the following:
Apartment Dwelling (1) Home Occupation (2) Commercial (3)(4)
NOTES:
(1) No dwelling units shall be permitted to face Yonge Street on the ground floor of a building or structure.
(2) A home occupation shall be subject to the following provisions: a) shall be conducted entirely within an enclosed building; b) shall not detract from the residential character of the dwelling unit or the lot on which the home occupation is located; c) shall not involve the outdoor storage or an outdoor display and sales area for materials or finished products associated with the home occupation use; d) shall not occupy more than 25 percent of the gross floor area of the dwelling unit; e) shall not result in the discharge or emission of odorous, noxious or toxic matter or vapors, heat, glare, noise or radiation, or recurrently generated ground vibrations; f) shall not consist of an occupation that involves the salvage, repair, maintenance or sales of motor vehicles or motor vehicles; engines or parts; and g) shall not consist of an occupation that involves the sale of a commodity not produced on the premises, except that telephone or mail order sales of goods may be permitted provided that customers do not enter the premises to inspect, purchase or take possession of the goods.
(3) Commercial uses, as permitted by this By-law 12-25, are only permitted on the ground floor of a high rise building that has frontage on Yonge Street and shall permit an outdoor display and sales area.
(4) Outdoor storage of goods, materials, garbage and recycling, machinery or equipment is prohibited.
(ii) DEVELOPMENT STANDARDS
The following development standards shall apply (1)(2)(9):
Minimum Commercial Gross Floor Area 485.0 square metres (5,220.50 square feet)
Maximum Gross Floor Area 44,100.0 square metres (474,688.45 square feet)
Maximum Floor Space Index (3) 4.15
Maximum Tower Floor Plate (4) 800.0 square metres (8,611.13 square feet)
Maximum Required Lot Coverage (3) 45%
Minimum Required Front Yard (Yonge Street) 10.5 metres (34.45 feet)
Minimum Required Interior Side Yard (North) (5)(7) 5.5 metres (18.04 feet)
Minimum Required Interior Side Yard (South) (5)(7) 14.0 metres (45.93 feet)
Minimum Required Rear Yard 3.2 metres (10.50 feet)
Maximum Building Height 22 storeys or 77.5 metres (254.27 feet), whichever is the lesser
Maximum Base Building Height (6)(8) 6 storeys or 26.0 metres (85.30 feet), whichever is the lesser
Maximum Coverage of Mechanical Penthouse 45% of roof surface
Minimum Required Amenity Space 2.0 square metres (21.53 square feet)/dwelling unit
Maximum Number of Dwelling Units 610
Minimum Percentage of Dwelling Units to be 3-Bedrooms 5%
NOTES:
(1) The Lands shown on Schedule “A” as “RM10 (10.90)” shall be deemed to be a lot.
(2) A tower shall be required to provide a minimum separation distance of 25.0 metres (82.03 feet) from another tower.
(3) For the purposes of calculating the maximum floor space index and the maximum lot coverage, the lot area shall be deemed to be 10,612 square metres (114,226.62 square feet) regardless of any conveyances for road widening purposes, dedications or severances.
(4) For a tower setback 113 metres or greater from Yonge Street, the tower floor plate for floors 5 to 8 inclusive, shall be a maximum of 1,005 square metres (10,817.73 square feet).
(5) A tower shall not be permitted closer than 12.5 metres (41.01 feet) from a side lot line.
(6) For a tower setback 113 metres or greater from Yonge Street, the maximum base building height shall be 4 storeys (17.0 metres).
(7) Notwithstanding the minimum required interior side yard setback or the minimum required interior side yard setback to a tower, where a building abuts a “Flood (F) Zone”, the interior side yard setback can be reduced to 4.0 metres to the building and 7.0 metres to a tower.
(8) Notwithstanding the maximum building height, privacy screens, trellises, gazebos, shade structures, screen walls, ornamental and architectural features, landscape structures and features on the amenity terraces of the apartment dwelling buildings, are permitted to a maximum height of 3.0 metres (9.84 feet).
(9) Notwithstanding any other provision in this by-law, the setback to below grade parking structures and associated structures such as exit stairs and parking ramps is 0.0 metres (0.0 feet).
(iii) Projection and ENCROACHMENT PROVISIONS
Notwithstanding any other provisions to the contrary, the following projections and encroachments shall be permitted:
a) 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, exit stairs, mechanical equipment, mechanical screens and flag poles, balconies and columns, to a maximum height and projection of 2.5 metres (8.20 feet).
b) Exit staircases to a maximum height of 3.2 metres (10.50 feet).
c) Porches, entrance stairs and privacy screens to a maximum encroachment of 3.5 metres (11.48 feet) into the side yard setback.
d) Mechanical penthouses to a maximum height of 6.5 metres (21.33 feet).
(iv) PARKING STANDARDS
Any parking space shall be a minimum dimension of 4.8 metres in length and 2.4 metres in width.
(v) BICYCLE PARKING STANDARDS
The number of required bicycle parking spaces shall be calculated in accordance with the standards set out below (1)(2)(3):
Use Minimum Rate – Bicycle Spaces
Residential Use 0.60 bicycle parking spaces/dwelling unit
Residential Visitor 0.05 visitor bicycle parking spaces/dwelling unit
Commercial Use 0.13 bicycle parking spaces/100 square metres of gross floor area
Commercial Visitor 0.15 visitor bicycle parking spaces/100 square metres of gross floor area
NOTES:
(1) All visitor bicycle parking spaces shall be located at grade and shall be in a covered area.
(2) Where bicycles are to be parked on a horizontal surface, a bicycle parking space shall have a width of not less than 0.6 metres (1.97 feet), a length of not less than 1.8 metres (5.91 feet) and a height of not less than 1.9 metres (6.23 feet).
(3) Where bicycles are to be parked in a vertical position, a bicycle parking space shall have a width of not less than 0.6 metres (1.97 feet), a length of not less than 1.2 metres (3.94 feet) and a height of not less than 1.9 metres (6.23 feet).
(vi) LOADING SPACE STANDARDS
Notwithstanding Section 5.16.2 of By-law 190-87, as amended, the number of required loading spaces shall be provided in accordance with the standards set out below (1)(2)(3):
Use Minimum Rate – Loading Spaces
Residential Use 1 loading space per building with minimum dimensions of 4.0 metre (13.12 feet) width, 13.0 metre (42.65 feet) length and 6.5 metre (21.33 feet) vertical clearance.
NOTES:
(1) The required loading spaces shall be shared with commercial uses.
(2) No loading space or service areas shall be permitted along Yonge Street.
(3) Aisles and driveways leading to a loading space shall not be used for the temporary parking or storage of 1 or more motor vehicles.”
All other provisions of By-law 190-87, as amended, not inconsistent with the foregoing, shall continue to apply to the lands shown on Schedule “A” attached hereto.
Notwithstanding the uses permitted in the “RM10” Zone by this By-law, all uses permitted on the lot by By-law 190-87, as amended, prior to the passage of this Bylaw, shall continue to apply to the lot.
Despite any severance, conveyance, partition or division of the lands as shown on Schedule “A”, the provisions of this By-law shall apply as if no severance, conveyance, partition, or division occurred.
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 12-25 is declared to form part of this by-law.
The Corporation of The City of Richmond Hill
Explanatory Note to By-law 12-25
By-law 12-25 affects the lands described as Part of Lot 4, Part of Lot 6 and Part of Block A, Registered Plan 1642; Except Parts 1 and 2, YR2266449 in the City of Richmond Hill, Regional Municipality of York, municipally known as 11160 Yonge Street.
By-law 190-87, as amended, zones the lands “General Commercial One (GC1) Zone”.
By-law 12-25 will have the effect of rezoning the subject lands to "Multiple Residential Ten (RM10) Zone”, with site specific provisions to permit a high density mixed-use residential/commercial development to be comprised of three (3) apartment buildings with heights of 22, 15 and 12 storeys connected by a four (4) storey base building on the subject lands shown on Schedule “A”. In addition, the westerly portion of the lands are zoned “Flood (F) Zone” and the lands to the west that are zoned “Residential Sixth Density (R6) Zone” shall be rezoned to “Open Space (O) Zone”. As the lands are located within a Major Transit Station Area, minimum parking requirements are not applicable in accordance with the Planning Act.