Ontario Municipal Board Commission des affaires municipales de l Ontario

Transcription

1 ISSUE DATE: December 22, 2011 PL Ontario Municipal Board Commission des affaires municipales de l Ontario IN THE MATTER OF subsection 17(40) of the Planning Act, R.S.O. 1990, c. P.13, as amended Appellants: APPELLANT Amir-Hessam Limited & Ontario Limited Ontario Limited Yonge Bayview Holdings Inc. Intracorp Projects Acquisitions Limited Islamic Society of the Regional Municipality of York K.J. Beamish Holdings Limited Signature Developments Inc. Torview Properties Inc. TSMJC Properties Inc. Haulover Investments Limited New Era Developments (2011) Inc. Fung Loy Kok Institute of Taoism Canada Mortgage & Housing Corporation and Quaestus Corporation Yorkdale Group Inc. A & W Food Services of Canada Inc. McDonald s Restaurants of Canada Inc. TDL Group Corp. Ontario Restaurant Hotel and Motel Association Wendy s Restaurants of Canada Inc. Rice Commercial Group and Major Mac Realty Inc. Loblaw Properties Limited E. Manson Investments North Leslie Residential Landowners Group Inc. Montanaro Estates Limited and William & Yvonne Worden Baif Developments Limited Arten Developments Inc. Stonecourt Construction Inc. P. Campagna Investments Ltd., P.A. Campagna and Ontario Ltd. Ram Nischal, Rekha Nischal, Neelam Narula and Raj Kumar Angelo, Louise and Josephine Cimetta and Shiplake Developments Ltd. Sanmike Construction Limited Great Land (Westwood) Inc Ontario Ltd. (Belmont) Robert Salna and Robert Salna Holdings Inc. AME-SON Holdings Ltd. Corsica Development Inc.

2 - 2 - PL Elginbay Corporation Sitzer Group Holdings No. 1 Limited, Grall Corporation Limited, Natweiss Investments Limited, Ontario Limited & Loblaws Inc. (owners of the Richmond Heights Shopping Centre) Subject: Municipality: OMB Case No.: OMB File No.: Failure of the Regional Municipality of York to announce a decision respecting the proposed new Official Plan for the Town of Richmond Hill Town of Richmond Hill PL PL A P P E A R A N C E S : Parties Town of Richmond Hill Regional Municipality of York Amir-Hessam Limited Ontario Limited Ontario Limited Ram Nischal, Rekha Nischal, Neelam Narula and Raj Kumar Ontario Ltd. (Belmont) Yonge Bayview Holdings Inc. Islamic Society of the Regional Municipality of York K.J. Beamish Holdings Limited Signature Developments Inc. New Era Developments (2011) Inc. Yorkdale Group Inc. P. Campagna Investments Ltd. P.A. Campagna Ontario Ltd. TSMJC Properties Inc. Angelo, Louise, and Josephine Cimetta Shiplake Developments Ltd Counsel/Agent* Barnet Kussner Stephen Waque Susan Rosenthal Mark Flowers Peter Chee* Barry Horosko Aaron Platt

3 - 3 - PL Intracorp Projects Acquisitions Ltd. Haulover Investments Ltd Montanaro Estates Limited Yvonne & William Worden Robert Salna Holdings Inc. Fung Loy Kok Institute of Taoism Canada Mortgage and Housing Corporation Quaestus Corporation A & W Food Services of Canada Inc. McDonald s Restaurants of Canada Inc. TDL Group Corp. Ontario Restaurant Hotel and Motel Association Wendy s Restaurants of Canada Inc. Rice Commercial Group of Companies Major Mac 404 Realty Inc. Loblaw Properties Limited E. Manson Investments North Leslie Residential Landowners Group Inc. Baif Developments Limited Stonecourt Construction Inc. Richmond Heights Shopping Centre Arten Developments Inc. Sanmike Construction Limited Great Land (Westwood) inc. Corsica Development Inc. Saltwhistle Bay Properties Inc. Condor York Holdings Inc. Richmond Hill Naturalists Jeffrey Streisfield Jessica Smuskowitz Mark Piel Lyn Townsend Steven Zakem Patricia Foran Roslyn Houser D. Artenosi John Dawson/Christopher Tanzola Andrew Biggart David Bronskill A. Burton Marianne Yake*

4 - 4 - PL Torview Properties Inc. AME SON Holdings Ltd. Ira Kagan Americo Di Rezze* Participants Richmond Hill Chamber of Commerce Great Lands Corporation David Dunlap Observatory Defenders Inc. Toronto and Region Conservation Authority Yongehurst-Weldrick West Residents Association Arun Channan*/David West* Ron Stein* Karen Cilevitz*/Ian Shelton* Quentin Hanchard* Frank Zeppieri* DECISION DELIVERED BY J. de P. SEABORN AND ORDER OF THE BOARD Introduction The matters before the Board were scheduled for a further pre-hearing conference and relate to the appeals made of various policies set out in the new Official Plan for the Town of Richmond Hill (Town). Following the identification of additional Appellants, Mr. Kussner updated the Board in connection with several issues, summarized below. Draft Issues The Town prepared and filed a document referred to as a draft categories of issues by Appellants list (Exhibit 14) which summarizes by Appellant the issues and policies of concern to that party. The summary is preliminary and based on information provided by the Appellants from their letters of appeal and supplementary information. In some cases the Town requires further detail and in other instances not all of the

5 - 5 - PL issues identified by the Appellants are set out in the summary. The Town and the parties will continue to refine the issues for hearing and update the categories of issues summary in anticipation of preparing an issues list as part of a procedural order. Proposed Deferrals/Mediations and Issues Based Hearings At the initial pre-hearing conference all of the appeals were consolidated. As the process unfolds, the Town will request that certain appeals and/or particular issues raised on certain appeals be addressed separately, either by way of mediation or a separate hearing. The appeals identified to date which are likely to be resolved outside the main hearing are identified in Exhibit 14, the draft categories of issues by Appellants list. In this regard, a number of appeals are identified in Exhibit 14 as appropriate for deferral. With respect to mediation and discrete hearings, there was no objection from the parties to the Town pursuing this approach. Setting dates for either mediation assessments or site specific or issue specific hearings remains however pre mature and will be addressed further at the next pre-hearing. There are certain appeals that are either settled in principle and minutes are underway (#16 through #20) or settlement is expected shortly (#23 and #24), the result of which will be partial modification and/or withdrawal of the appeals. These settlements can be dealt with at the next pre-hearing, or in advance in the event consent orders are circulated and provided to the Board. Other appeals (#1, #2 and #35) may be resolved following the release of a Board decision on a related matter. There are a small number of appeals that are awaiting approval of the Regions Official Plan. Mr. Waque indicated that it may be necessary to bring part of the Region s OP into force prior to finalization of the Town s OP. For example, the population and employment numbers in the draft Richmond Hill Plan are derived from the Region s OP. Parkland Dedication The Town intends to bring a preliminary motion for directions from the Board in respect of how the Official Plan addresses the matter of parkland dedication. Mr.

6 - 6 - PL Kussner will circulate a draft notice of motion in advance of the next pre-hearing, set for March The motion will be argued in May Order and Directions The Board has scheduled two (2) days, March 29 and 30, 2012, for the next prehearing conference. The pre-hearing will commence at 10:00 a.m., Wednesday May 16, 2012, Town of Richmond Hill Municipal Offices. There shall be no further notice. The Town is directed to circulate an agenda in advance of the pre-hearing and an updated list of the draft categories of appeals, issues and any matters that can be resolved at the pre-hearing. The Board has scheduled two (2) days, May 16 & 17, 2012, for the purpose of hearing the Town s motion in respect of parkland dedication. The motion hearing will commence at 10:00 a.m., Wednesday May 16, 2012, Town of Richmond Hill Municipal Offices. No further notice is required, beyond the service and filing of motion material. Further direction in this regard may be given, following submissions, at the March 2012 pre-hearing. I will continue to case manage these appeals. So orders the Board. J. de P. Seaborn J. de P. SEABORN VICE CHAIR