Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 07, 2025
CASE NO.: OLT-22-004695
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 2402828 Ontario Inc. Subject: Proposed Official Plan Amendment 18.4 Description: To update policies to expand opportunities for missing-middle housing and create “15 minute” communities across the City’s settlement areas Reference Number: OPA 18.4 Property Address: (City-wide) Municipality/UT: City of Richmond Hill/ Region of York OLT Case No: OLT-22-004695 OLT Lead Case No.: OLT-22-004695 OLT Case Name: 2402828 Ontario Inc. v. York (Region)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 2402828 Ontario Inc. Subject: Proposed Official Plan Amendment 18.3 Description: To update the city’s 2041 Planning Vision and City Structure and provide supportive policies for those updates regarding place-making, mobility, affordable housing, climate change, and others. communities across the City’s settlement areas Reference Number: OPA 18.3 Property Address: (City-wide) Municipality/UT: City of Richmond Hill/ Region of York OLT Case No: OLT-22-004743 OLT Lead Case No.: OLT-22-004695
BEFORE: STEVEN T. MASTORAS MEMBER Wednesday, the 7th day of May, 2025
THIS MATTER having come before the Tribunal as a written settlement hearing (“Settlement”) on consent of 2402828 Ontario Inc. (“Appellant”) and the City of Richmond Hill (“City”), consisting of Site-Specific Appeals pursuant to subsection 17(36) of the Planning Act (“Act”) of Official Plan Amendment No. 18.3 (“OPA 18.3”) and Official Plan Amendment No. 18.4 (“OPA 18.4”) to the City Official Plan (“Appeals”), regarding the property municipally known as 10533 Leslie Street, Richmond Hill (“Subject Property”), and seeking a Final Order, approving the terms of the Settlement; and,
THE TRIBUNAL having been provided by Affidavit, a written Witness Statement from Brian DeFreitas, Project Manager, in the Department of Planning and Building Services in the City, and qualified as an expert in Land-Use Planning, submitted on consent of all the Parties (signed April 14, 2025) is marked as Exhibit 1; and,
THE TRIBUNAL having been satisfied by the written materials filed, and the uncontroverted opinion evidence of Brian DeFreitas that: the Settlement, as presented, has appropriate regard for matters of provincial interest found in Section 2 of the Planning Act; is consistent with the Provincial Policy Statement (2024); conforms to the York Region Official Plan; and represents good planning, in the public interest.
THE TRIBUNAL ORDERS THAT:
The Site-Specific Appeals of Official Plan Amendment 18.3 and Official Plan Amendment 18.4 are allowed, in part, and Official Plan Amendment 18.3 and Official Plan Amendment 18.4, are hereby approved with the modification set out in Attachment “1” to this Order, both, as they apply to 101533 Leslie Street, Richmond Hill; and,
The City of Richmond Hill Clerk is authorized to format the Official Plan, as may be necessary to incorporate the amendment referenced in Section 1 of this Order 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”
That Official Plan Amendment 18.4 be further modified by inserting a new modification 2.2.8, as follows:
“2.2.8 That Section 6 (Exceptions) of the Official Plan be amended by adding a new policy numbered 51, as follows:
- Notwithstanding any other provision of this Plan to the contrary, for the lands known as Part of Lot 24, Concession 3 (municipally known as 10533 Leslie Street), and designated Major Urban Open Space on Schedule A2 (Land Use) of this Plan, the following shall apply:
a) a Day Nursery shall be permitted;
b) In determining information required under Section 5.3 of this Plan, any development application to expand a Day Nursery shall be subject to the approval of Transportation, Access and Parking Studies in accordance with Section 5.26 of the Official Plan and Regional requirements which demonstrate that all appropriate transportation requirements including, but not limited to, traffic operations, parking, access, egress and circulation are addressed to the satisfaction of the City and Region, and that there is adequate on-site pick-up and drop-off for vehicles;
c) a Private Elementary School may be permitted subject to an amendment to the Zoning By-law and the following provisions:
i. In determining information required under Section 5.3 of this Plan, a development application for a proposed standalone Private Elementary School use, or a Private Elementary School use combined with a Day Nursery, shall be subject to the approval of Transportation, Parking and Access Studies in accordance with Section 5.26 of the Official Plan and Regional requirements which demonstrate that the proposed use(s) can be supported, and that all appropriate transportation requirements including, but not limited to, traffic operations, parking, access, egress and circulation are addressed to the satisfaction of the City and Region, and that there is adequate on-site pick-up and drop-off for vehicles;
d) The maximum height of buildings shall be regulated in the Zoning By-law;
e) All other provisions of the Zoning By-law, as amended, not inconsistent with the foregoing shall continue to apply.”