PL110189

IN THE MATTER OF subsection 17(40) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Amir-Hessam Limited & 668152 Ontario Limited 583753 Ontario Limited Yonge Bayview Holdings Inc. K.J. Beamish Holdings Limited Signature Developments Inc. TSMJC Properties Inc. Haulover Investments Limited New Era Developments (2011) Inc. Yorkdale Group 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 1480420 Ontario Ltd. Ram Nischal, Rekha Nischal, Neelam Narula and Raj Kumar Angelo, Louise and Josephine Cimetta and Shiplake Developments Ltd. Great Lands (Westwood) Inc. 775377 Ontario Ltd. (Belmont) Robert Salna and Robert Salna Holdings Inc. AME-SON Holdings Ltd. Corsica Development Inc. Elginbay Corporation Sitzer Group Holdings No. 1 Limited, Grall Corporation Limited, Natweiss Investments Limited, 967933 Ontario Limited & Loblaws Inc. (owners of the Richmond Heights Shopping Centre) Dickson 48 Property Inc., Sedgewick Property Inc., Long Body Homes Inc., & 1419079 Ontario 1191621 Ontario Inc. 1835942 Ontario Inc. 1122270 Ontario Inc.

Ontario Municipal Board

Commission des affaires municipales de l’Ontario

ISSUE DATE:

June 17, 2013

- 2 - PL110189 Subject: Failure of the Regional Municipality of York to announce a

decision respecting the proposed new Official Plan for the Town of Richmond Hill

Municipality: Town of Richmond Hill OMB Case No.: PL110189 OMB File No.: PL110189 Baif Developments Limited has appealed to the Ontario Municipal Board under subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, from Council’s refusal to enact a proposed amendment to the Official Plan for the Town of Richmond Hill to redesignate a 3.56 hectare (8.79 acres) parcel of land located at the southwest quadrant of Yonge Street and Hopkins Street (the “Yonge Street Block”, bounded by Yonge Street to the east, Harding Boulevard West to the south, Addison Street to the west and Hopkins Street to the north), described as Block 9 and Part of Addison Street, Plan 65M-2368 and Part of Atkinson Street, Plan 65M-2369, municipally known as 0 Addison Street, from “Town Centre” to “Town Centre – Key Development Area” and by adding provisions permitting a mixed-use residential and commercial development of up to a maximum height of 31-storeys and up to a maximum overall Floor Space Index of 4.32, in order to permit the development of 3 residential towers with maximum heights of 20, 28 and 31 storeys and 3 additional towers with a maximum height of 10 storeys with a total of 1,560 residential units and 5,292 square metres (56,962 square feet) to contain proposed uses such as apartment residential units, live-work residential units, townhouse units, retail, service commercial and office uses Town of Richmond Hill File No. D01-11006 OMB File No. PL120643 Baif Developments Limited has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, from Council’s refusal to enact a proposed amendment to Zoning By-law 181-81, as amended, of the Town of Richmond Hill to rezone a 3.56 hectare (8.79 acres) parcel of land located at the southwest quadrant of Yonge Street and Hopkins Street (the “Yonge Street Block”, bounded by Yonge Street to the east, Harding Boulevard West to the south, Addison Street to the west and Hopkins Street to the north), described as Block 9 and Part of Addison Street, Plan 65M-2368 and Part of Atkinson Street, Plan 65M-2369, municipally known as 0 Addison Street, from “Commercial Office (CO) Zone” and “Residential Office Complex (RO) Zone” to “Multiple Residential Ten Special (Hold) (RM10-S(H)) Zone” to permit the development of 3 residential towers with maximum heights of 20, 28 and 31 storeys and 3 additional towers with a maximum height of 10 storeys with a total of 1,560 residential units and 5,292 square metres (56,962 square feet) to contain proposed uses such as apartment residential units, live-work residential units, townhouse units, retail, service commercial and office uses Town of Richmond Hill File No. D02-11031 OMB File No. PL120651

- 3 - PL110189 Baif Developments Limited has appealed to the Ontario Municipal Board under subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, from Council’s refusal to enact a proposed amendment to the Official Plan for the Town of Richmond Hill to redesignate a 1.71 hectare (4.23 acres) parcel of land located at the southwest quadrant of Yonge Street and Hopkins Street (the “Major Mackenzie Block”, bounded by Major Mackenzie Drive West to the north, Atkinson Street to the east and Hopkins Street to the south), described as Block 4 and Part of Hopkins Street, Plan 65M-2369, municipally known as 0 Hopkins Street, from “Town Centre” to “Town Centre – Key Development Area” with special policies to permit a mixed-use development comprised of townhouses and an apartment building with ground-related commercial floor space along Major Mackenzie Drive West with a maximum Floor Space Index of 2.63, in order to permit the development of a residential building with a maximum building height of 9 storeys with an overall total of 421 residential units (including the townhouse units as well) Town of Richmond Hill File No. D01-11007 OMB File No. PL120652 Baif Developments Limited has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, from Council’s refusal to enact a proposed amendment to Zoning By-law 181-81, as amended, of the Town of Richmond Hill to rezone a 1.71 hectare (4.23 acres) parcel of land located at the southwest quadrant of Yonge Street and Hopkins Street (the “Major Mackenzie Block”, bounded by Major Mackenzie Drive West to the north, Atkinson Street to the east and Hopkins Street to the south), described as Block 4 and Part of Hopkins Street, Plan 65M-2369, municipally known as 0 Hopkins Street, from “Parking (P) Zone” to “Multiple Residential Ten Special (Hold)(RM10-S(H)) Zone” to permit the development of a residential building with a maximum building height of 9 storeys with an overall total of 421 residential units (including the townhouse units as well) Town of Richmond Hill File No. D02-11032 OMB File No. PL120653 Baif Developments Limited has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council’s refusal or neglect to enact a proposed amendment to Zoning By-law 150-80, as amended of the Town of Richmond Hill to rezone lands respecting 0 Vogell Road from MC-1 High Performance Commercial Industrial to MC-1 (specific) to permit a retail warehouse and to introduce site-specific zoning standards. OMB File No. 121395 Elginbay Corporation has appealed to the Ontario Municipal Board under subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to the Official Plan for the City of Richmond Hill to redesignate land located at 10568 Bayview Avenue to permit a high density residential development comprised of townhouses and condominium apartment complexes. OMB File No. PL121414

- 4 - PL110189 Elginbay Corporation has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council’s refusal or neglect to enact a proposed amendment to Zoning By-law 66-71 of the Town of Richmond Hill to rezone lands respecting 10568 Bayview Avenue from ‘residential second density (R2)’ to ‘residential multiple sixth density (RM6)’ to permit a high density residential development comprised of townhouses and condominium apartment complexes. OMB File No. PL121374 Angelo Cimetta et al have appealed to the Ontario Municipal Board under subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to the Official Plan for the Town of Richmond Hill to redesignate land at 8874 Yonge Street from Residential to Multiple Residential to permit mixed-use, high density residential commercial development. Approval Authority File No.: D01-12008 OMB File No. 130389 Angelo Cimetta et al have appealed to the Ontario Municipal Board under subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to the Official Plan for the Town of Richmond Hill to redesignate land at 8874 Yonge Street from Residential to Multiple Residential to permit mixed-use, high density residential development. Approval Authority File No.: D01-12009 OMB File No. 130393 Angelo Cimetta et al have appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council’s refusal or neglect to enact a proposed amendment to Zoning By-law 2523 of the Town of Richmond Hill to rezone lands respecting 8874 Yonge Street from Residential (R2) Zone to Multiple Residential Ten Holding (RM 10 (H)) Zone to permit the development of a 18-storey condominium on a 6-storey podium, and a 15-storey condominium on a 4-storey podium. OMB File No. 130390 Angelo Cimetta et al have appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council’s refusal or neglect to enact a proposed amendment to Zoning By-law 2523 of the Town of Richmond Hill to rezone lands respecting 8874 Yonge Street from Residential (R2) Zone to Multiple Residential Ten Holding (RM 10 (H)) Zone to permit the development a 10-storey retirement residence and a 5-storey seniors apartment building. OMB File No. 130394

- 5 - PL110189 Great Lands (Westwood) Inc. has appealed to the Ontario Municipal Board under subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, from Council’s neglect to enact a proposed amendment to the Official Plan for the Town of Richmond Hill to modify the height, density and land use policies of the “Residential Area” designation for the purpose of permitting a mixed use, high density residential/commercial building consisting of an 18-storey residential tower on a 6-storey base building for a total of 24 storeys containing 257 residential units, a Gross Floor Area of 23,761 square metres (255,770 square feet), 333 parking spaces and 932 square metres (10,032 square feet) of retail space on an approximately 0.476 hectare (1.176 acres) vacant parcel of land located at the southwest corner of Yonge Street and Westwood Lane, municipally known as 8890 Yonge Street Town of Richmond Hill File No. D01-12006 OMB File No. PL130282 Great Lands (Westwood) Inc. has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, from Council’s neglect to enact a proposed amendment to Zoning By-law 2523, as amended, of the Town of Richmond Hill to rezone an approximately 0.476 hectare (1.176 acres) vacant parcel of land located at the southwest corner of Yonge Street and Westwood Lane, municipally known as 8890 Yonge Street, from “Second Density Residential (R2) Zone” to “Multiple Residential Ten Holding (RM 10 [H]) Zone” with site specific provisions to implement the proposed development consisting of an 18-storey residential tower on a 6-storey base building for a total of 24 storeys containing 257 residential units, a Gross Floor Area of 23,761 square metres (255,770 square feet), 333 parking spaces and 932 square metres (10,032 square feet) of retail space Town of Richmond Hill File No. D02-12023 OMB File No. PL130283 IN THE MATTER OF subsection 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Referred by: Great Lands (Westwood) Inc. Subject: Site Plan Property Address/Description: 8890 Yonge Street Municipality: Town of Richmond Hill OMB File No.: PL130210 A P P E A R A N C E S : Parties Counsel Town of Richmond Hill Regional Municipality of York

Barnet KussnerAntonio Dimilta Gabriel Szobel

Yonge Bayview Holdings Inc. Mark Flowers

- 6 - PL110189 Signature 153 6th Inc. Signature Developments Inc. New Era Developments (2011) Inc. P. Campagna Investments Ltd. P.A. Campagna 1480420 Ontario Ltd. 254 Centre Street East 375 Edward Ave. MI Developments Inc. (1191621 Ont. Inc.) 1122270 Ontario Inc. TSMJC Properties Inc. Angelo, Louise, and Josephine Cimetta Shiplake Developments Ltd Haulover Investments Ltd Montanaro Estates Limited Yvonne & William Worden Robert Salna Holdings Inc. Baif Developments Limited Stonecourt Construction Inc. Richmond Heights Shopping Centre Torview Properties Inc. Rice Commercial Group of Companies Major Mack 404 Realty Inc. Elginbay Corporation Zamani Homes (Richmond Hill) Ltd. Amir-Hessam Limited 668152 Ontario Limited 563753 Ontario Limited Ram Nischal, Rekka Nischal, Neelam Narula, and Raj Kumar Loblaw Properties Limited Great Lands (Westwood) Inc. Yorkdale Group Inc.

Barry Horosko/Brendan Smith (student-at-law) Aaron Platt Jeffrey Streisfield Roslyn Houser Ira Kagan Susan Rosenthal Patrick Harrington Andrew Biggart Richard Arblaster

Arten Developments Inc. Christopher Tanzola/Daniel Artenosi

- 7 - PL110189 MEMORANDUM OF ORAL DECISION DELIVERED BY J. de P. SEABORN ON MAY 24, 2013 AND ORDER OF THE BOARD ____________________________________________________________________ INTRODUCTION

[1] The appeals before the Board relate to the proposed Official Plan for the Town of

Richmond Hill (“Town”) and were scheduled for a further prehearing, notice of which

was given in previous dispositions. Notice was also given in connection with requests by

two appellants for consolidation, described below. In addition, the Town requested the

Board approve certain policies described in an order for partial approval. A request was

made to schedule further prehearings and set dates for hearings on distinct issues,

which will be designed to address specifc policies that are unresolved and remain under

appeal. The matters raised at the prehearing are addressed below.

CONSOLIDATION REQUEST: GREAT LANDS (WESTWOOD) INC. (APPELLANT # 34) AND SHIPLAKE DEVELOPMENTS LTD./CIMETTA (APPELLANT #32)

[2] Both Great Lands and Shiplake/Cimetta have filed site specific appeals. The

details of these appeals are described in the title of proceedings, above.

[3] At the request of Mr. Biggart and with the consent of the Town, the Board orders

consolidation of the site specific appeals (PL130282) with Great Lands’ official plan

appeal (PL110189), which form part of the various appeals of the Town’s proposed

Official Plan. At the request of Mr. Platt and with the consent of the Town, the Board

orders consolidation of the site specific appeals (PL130389) with the Shiplake/Cimetta

official plan appeal (PL110189), which also form part of the various appeals of the

Town’s proposed Official Plan. The Board’s consolidation order for each matter is

subject to the conditions agreed between counsel for these appeallants and the Town,

as set out in Exhibit 63.

[4] Several individuals appeared in response to the notice of hearing for the site

specific appeals of Great Lands (Exhibit 61) and Shiplake/Cimetta (Exhibit 62). The

Board has included the names of the residents on the mailing list. Formal party status

for the hearing of these appeals (as consolidated and subject to the terms agreed upon

by counsel) will be determined at the next prehearing. Individuals who appeared today

will remain on the Board’s mailing list as participants for future dispositions of the Board.

With respect to those who appeared and intend to seek formal party status (Toronto and

- 8 - PL110189

Region Conservation Authority (contact: Doris Chang), South Richvale Ratepayers

Association (contact: Paul Walsh), Jon Priestly, Elfi Berndl, Oksana Dewar), Mr. Biggart

and Mr. Platt will be in contact with respect to the mediation assessment scheduled for

July 23, 2013. Party status will be addressed at the August 23, 2013 prehearing.

Depending on the outcome of the mediation assessment, the Town and the appellants

will have a better sense of the timing associated with a hearing and the issues in

dispute for that hearing.

MEDIATION

[5] Mr. Kussner confirmed that several mediation days have been scheduled over

the next several months. The parties have selected several discrete issues to be

addressed through mediation in an attempt to further scope the appeals and narrow the

matters that will, in due course, require adjudication.

PARTIAL APPROVAL ORDER

[6] In advance of the prehearing Mr. Kussner and Mr. Dimilta served and filed a

notice of motion and supporting affidavit (Exhibit 57) seeking an order from the Board

approving the policies relating to bonusing by-laws under s. 37 of the Planning Act as

set out in Section 5.5 of the Town’s proposed Official Plan. On behalf of York Region,

Mr. Szobel filed material (Exhibit 60) in support of the order sought. The purpose of the

order is to bring these policies of the Town’s Official Plan into full force and effect,

subject to certain exceptions which are set out in the order agreed upon by the parties

and attached to this decision.

[7] In support of the order sought, evidence was filed by way of the affidavit of Paul

Freeman (Exhibit 57, Tab 2), Manager of Policy in the Department of Planning and

Regulatory Services of the Town. A land use planner qualified to give opinion evidence,

Mr. Freeman set out the background and basis for the order sought. Section 5.5 of the

official plan delineates policies governing the use of Section 37 of the Planning Act. It

was Mr. Freeman’s opinion that there has been broad consensus regarding the Town’s

policies in respect of the potential for increases in height and density in return for the

provision of specific facilities or services (as set out in a by-law). Section 5.5 of the

Town’s proposed Official Plan was endorsed by the Region of York without modification

and there were no comments from the Province. There remain two appellants, Robert

- 9 - PL110189

Salna Holdings Inc. and Arten Developments Inc., which have expressed a concern with

respect to bringing Section 5.5 into force and effect. Their positions are protected by the

form of the Board’s Order (draft Order, Exhibit 58). Correspondence between Mr.

Streisfield and Mr. Kussner is marked as Exhibit 59.

[8] I accept Mr. Freeman’s evidence and opinion. The order requested by the Town

is approved, as set out in Attachment 1. Similar to the previous orders bringing into full

force and effect specific policies of the Town’s Official Plan, the appendices delineate

those policies that remain under appeal, either on a site specific or Town wide basis are

identified. The order is subject to the conditions and notes that accompany each

appendix.

FUTURE HEARING EVENTS

[9] At the request of the parties and with their consent, the next prehearing will be

held on Friday, August 23, 2013 at 10 a.m. at:

Town of Richmond Hill Committee Room 2 East Beaver Creek Richmond Hill, ON

No further notice will be sent and I remain seized.

[10] A further two-day prehearing is scheduled for Wednesday October 9, 2013 at

10 a.m. at:

Town of Richmond Hill Committee Room 2 East Beaver Creek Richmond Hill, ON

No further notice will be sent and I remain seized. The Town indicated that it may seek

certain relief from the Board and motions, if any, should be served and filed in

accordance with the Board’s Rules of Practice and Procedure (“Rules”).

[11] A series of hearing dates were requested by the parties to address the policies of

the Town’s official plan that remain unresolved (and are unlikely to be resolved through

mediation). The following dates have been reserved on the Board’s calendar:

November 18, 2013 to December 10, 2014; February 3, 2014 to February 14, 2014;

- 10 - PL110189

February 24, 2014 to March 7, 2014. Further notice of the hearings will be given

through subsequent procedural orders which will be designed to focus on the issues for

each hearing phase. Each block of hearing time is intended to address specific issues,

which will be refined by those parties who either have appealed the relevant policies or

expressed an interest in particular policies. I remain seized, subject to the Board’s

calendar.

[12] The hearing dates for the site specific appeals consolidated with the official plan

amendment appeals have not been set so that following the mediation assessment (set

for July, 2013), and ongoing mediation in respect of other consolidated matters, there is

an opportunity for the parties to these site specific appeals to make submissions on the

timing and scope of any hearing. A draft procedural order(s) for any site specific

matter(s) will be circulated by the appellant (or the Town) to the potential parties for

consideration at the next prehearing conference. Thereafter, hearing dates will be set

and exchange dates for evidence and participants’ statements will be addressed. Some

members of the public expressed concern that the next prehearing is set for late

summer, when interested residents may be on vacation. It is not necessary for

participants to attend the August 23, 2013 prehearing as no evidence will be heard and

instead, procedural matters will be addressed. Participants will remain on the mailing

list and receive a copy of the Board’s disposition following the August prehearing. Those

seeking formal party status should attend the prehearing (or send a representative to

speak on their behalf).

[13] If any issues arise before the next prehearing, counsel may arrange a telephone

conference call through the Board’s Case Coordinator, Evelyn Gere.

“J. de P. Seaborn” J. de P. SEABORN VICE CHAIR

- 11 - PL110189

ATTACHMENT 1

IN THE MATTER OF subsection 17(40) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Amir-Hessam Limited & 668152 Ontario Limited 583753 Ontario Limited Yonge Bayview Holdings Inc. K.J. Beamish Holdings Limited Signature Developments Inc. TSMJC Properties Inc. Haulover Investments Limited New Era Developments (2011) Inc. Yorkdale Group 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 1480420 Ontario Ltd. Ram Nischal, Rekha Nischal, Neelam Narula and Raj Kumar Angelo, Louise and Josephine Cimetta and Shiplake Developments Ltd. Great Lands (Westwood) Inc. 775377 Ontario Ltd. (Belmont) Robert Salna and Robert Salna Holdings Inc. AME-SON Holdings Ltd. Corsica Development Inc. Elginbay Corporation Sitzer Group Holdings No. 1 Limited, Grall Corporation Limited, Natweiss Investments Limited, 967933 Ontario Limited & Loblaws Inc. (owners of the Richmond Heights Shopping Centre) Dickson 48 Property Inc., Sedgewick Property Inc., Long Body Homes Inc., & 1419079 Ontario 1191621 Ontario Inc. 1835942 Ontario Inc. 1122270 Ontario Inc.

Ontario Municipal Board

Commission des affaires municipales de l’Ontario

- 12 - PL110189 Subject: Failure of the Regional Municipality of York to announce a

decision respecting the proposed new Official Plan for the Town of Richmond Hill

Municipality: Town of Richmond Hill OMB Case No.: PL110189 OMB File No.: PL110189

Baif Developments Limited has appealed to the Ontario Municipal Board under subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, from Council’s refusal to enact a proposed amendment to the Official Plan for the Town of Richmond Hill to redesignate a 3.56 hectare (8.79 acres) parcel of land located at the southwest quadrant of Yonge Street and Hopkins Street (the “Yonge Street Block”, bounded by Yonge Street to the east, Harding Boulevard West to the south, Addison Street to the west and Hopkins Street to the north), described as Block 9 and Part of Addison Street, Plan 65M-2368 and Part of Atkinson Street, Plan 65M-2369, municipally known as 0 Addison Street, from “Town Centre” to “Town Centre – Key Development Area” and by adding provisions permitting a mixed-use residential and commercial development of up to a maximum height of 31-storeys and up to a maximum overall Floor Space Index of 4.32, in order to permit the development of 3 residential towers with maximum heights of 20, 28 and 31 storeys and 3 additional towers with a maximum height of 10 storeys with a total of 1,560 residential units and 5,292 square metres (56,962 square feet) to contain proposed uses such as apartment residential units, live-work residential units, townhouse units, retail, service commercial and office uses Town of Richmond Hill File No. D01-11006 OMB File No. PL120643 Baif Developments Limited has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, from Council’s refusal to enact a proposed amendment to Zoning By-law 181-81, as amended, of the Town of Richmond Hill to rezone a 3.56 hectare (8.79 acres) parcel of land located at the southwest quadrant of Yonge Street and Hopkins Street (the “Yonge Street Block”, bounded by Yonge Street to the east, Harding Boulevard West to the south, Addison Street to the west and Hopkins Street to the north), described as Block 9 and Part of Addison Street, Plan 65M-2368 and Part of Atkinson Street, Plan 65M-2369, municipally known as 0 Addison Street, from “Commercial Office (CO) Zone” and “Residential Office Complex (RO) Zone” to “Multiple Residential Ten Special (Hold) (RM10-S(H)) Zone” to permit the development of 3 residential towers with maximum heights of 20, 28 and 31 storeys and 3 additional towers with a maximum height of 10 storeys with a total of 1,560 residential units and 5,292 square metres (56,962 square feet) to contain proposed uses such as apartment residential units, live-work residential units, townhouse units, retail, service commercial and office uses Town of Richmond Hill File No. D02-11031 OMB File No. PL120651

- 13 - PL110189 Baif Developments Limited has appealed to the Ontario Municipal Board under subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, from Council’s refusal to enact a proposed amendment to the Official Plan for the Town of Richmond Hill to redesignate a 1.71 hectare (4.23 acres) parcel of land located at the southwest quadrant of Yonge Street and Hopkins Street (the “Major Mackenzie Block”, bounded by Major Mackenzie Drive West to the north, Atkinson Street to the east and Hopkins Street to the south), described as Block 4 and Part of Hopkins Street, Plan 65M-2369, municipally known as 0 Hopkins Street, from “Town Centre” to “Town Centre – Key Development Area” with special policies to permit a mixed-use development comprised of townhouses and an apartment building with ground-related commercial floor space along Major Mackenzie Drive West with a maximum Floor Space Index of 2.63, in order to permit the development of a residential building with a maximum building height of 9 storeys with an overall total of 421 residential units (including the townhouse units as well) Town of Richmond Hill File No. D01-11007 OMB File No. PL120652 Baif Developments Limited has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, from Council’s refusal to enact a proposed amendment to Zoning By-law 181-81, as amended, of the Town of Richmond Hill to rezone a 1.71 hectare (4.23 acres) parcel of land located at the southwest quadrant of Yonge Street and Hopkins Street (the “Major Mackenzie Block”, bounded by Major Mackenzie Drive West to the north, Atkinson Street to the east and Hopkins Street to the south), described as Block 4 and Part of Hopkins Street, Plan 65M-2369, municipally known as 0 Hopkins Street, from “Parking (P) Zone” to “Multiple Residential Ten Special (Hold)(RM10-S(H)) Zone” to permit the development of a residential building with a maximum building height of 9 storeys with an overall total of 421 residential units (including the townhouse units as well) Town of Richmond Hill File No. D02-11032 OMB Case No. PL120643 OMB File No. PL120653 Baif Developments Limited has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council’s refusal or neglect to enact a proposed amendment to Zoning By-law 150-80, as amended of the Town of Richmond Hill to rezone lands respecting 0 Vogell Road from MC-1 High Performance Commercial Industrial to MC-1 (specific) to permit a retail warehouse and to introduce site-specific zoning standards. OMB File No. 121395 Elginbay Corporation has appealed to the Ontario Municipal Board under subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to the Official Plan for the City of Richmond Hill to redesignate land located at 10568 Bayview Avenue to permit a high density residential development comprised of townhouses and condominium apartment complexes. OMB File No. PL121414

- 14 - PL110189 Elginbay Corporation has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council’s refusal or neglect to enact a proposed amendment to Zoning By-law 66-71 of the Town of Richmond Hill to rezone lands respecting 10568 Bayview Avenue from ‘residential second density (R2)’ to ‘residential multiple sixth density (RM6)’ to permit a high density residential development comprised of townhouses and condominium apartment complexes. OMB File No. PL121374 Angelo Cimetta et al have appealed to the Ontario Municipal Board under subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to the Official Plan for the Town of Richmond Hill to redesignate land at 8874 Yonge Street from Residential to Multiple Residential to permit mixed-use, high density residential commercial development. Approval Authority File No.: D01-12008 OMB File No. 130389 Angelo Cimetta et al have appealed to the Ontario Municipal Board under subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to the Official Plan for the Town of Richmond Hill to redesignate land at 8874 Yonge Street from Residential to Multiple Residential to permit mixed-use, high density residential development. Approval Authority File No.: D01-12009 OMB File No. 130393 Angelo Cimetta et al have appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council’s refusal or neglect to enact a proposed amendment to Zoning By-law 2523 of the Town of Richmond Hill to rezone lands respecting 8874 Yonge Street from Residential (R2) Zone to Multiple Residential Ten Holding (RM 10 (H)) Zone to permit the development of a 18-storey condominium on a 6-storey podium, and a 15-storey condominium on a 4-storey podium. OMB File No. 130390 Angelo Cimetta et al have appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council’s refusal or neglect to enact a proposed amendment to Zoning By-law 2523 of the Town of Richmond Hill to rezone lands respecting 8874 Yonge Street from Residential (R2) Zone to Multiple Residential Ten Holding (RM 10 (H)) Zone to permit the development a 10-storey retirement residence and a 5-storey seniors apartment building. OMB File No. 130394

- 15 - PL110189 Great Lands (Westwood) Inc. has appealed to the Ontario Municipal Board under subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, from Council’s neglect to enact a proposed amendment to the Official Plan for the Town of Richmond Hill to modify the height, density and land use policies of the “Residential Area” designation for the purpose of permitting a mixed use, high density residential/commercial building consisting of an 18-storey residential tower on a 6-storey base building for a total of 24 storeys containing 257 residential units, a Gross Floor Area of 23,761 square metres (255,770 square feet), 333 parking spaces and 932 square metres (10,032 square feet) of retail space on an approximately 0.476 hectare (1.176 acres) vacant parcel of land located at the southwest corner of Yonge Street and Westwood Lane, municipally known as 8890 Yonge Street Town of Richmond Hill File No. D01-12006 OMB File No. PL130282 Great Lands (Westwood) Inc. has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, from Council’s neglect to enact a proposed amendment to Zoning By-law 2523, as amended, of the Town of Richmond Hill to rezone an approximately 0.476 hectare (1.176 acres) vacant parcel of land located at the southwest corner of Yonge Street and Westwood Lane, municipally known as 8890 Yonge Street, from “Second Density Residential (R2) Zone” to “Multiple Residential Ten Holding (RM 10 [H]) Zone” with site specific provisions to implement the proposed development consisting of an 18-storey residential tower on a 6-storey base building for a total of 24 storeys containing 257 residential units, a Gross Floor Area of 23,761 square metres (255,770 square feet), 333 parking spaces and 932 square metres (10,032 square feet) of retail space Town of Richmond Hill File No. D02-12023 OMB File No. PL130283 IN THE MATTER OF subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Referred by: Great Lands (Westwood) Inc. Subject: Site Plan Property Address/Description: 8890 Yonge Street Municipality: Town of Richmond Hill OMB File No.: PL130210 B E F O R E:

J. deP. SEABORN ) Friday, the 24th

VICE-CHAIR. ) ) day of May, 2013 THESE MATTERS having come on for a public hearing,

- 16 - PL110189 THE BOARD ORDERS that in accordance with the provisions of section 17(50) of the Planning

Act, R.S.O. 1990, c. P.13, as amended, and further to the partial approval Orders of this Board

dated April 5, 2012 (as amended April 26, 2012), June 29, 2012, October 23, 2012, December

20, 2012 and April 26, 2013, the Richmond Hill Official Plan (2010) (the “Plan”), as adopted by

the Town of Richmond Hill (the “Town”) in July, 2010 and as modified and recommended for

approval by the Regional Municipality of York (the “Region”) in May, 2011, and filed as Exhibit

#12 in these proceedings, is hereby further approved in part, save and except the policies and

map schedules set out in Appendix 1 [Pending Appeals] attached to and forming part of this

Order, which policies and map schedules shall remain under appeal either on a Town-wide

basis or on a site-specific or area-specific basis as indicated on Appendix 1 and as depicted on

Appendix 2 [Deferred Areas] attached to and forming part of this Order.

AND THE BOARD FURTHER ORDERS that the further partial approval of the Plan as modified

shall be strictly without prejudice to, and shall not have the effect of limiting, (a) the rights of a

party to seek to modify, delete or add to the unapproved policies and schedules in the Plan, or

(b) the jurisdiction of the Board to consider and approve modifications, deletions or additions to

the unapproved policies and schedules in the Plan on a general, area-specific or site-specific

basis, as the case may be, provided that parties shall be bound by the commitments made by

them to scope their issues to a site-specific or area-specific basis as depicted on Appendices 1

and 2.

AND THE BOARD FURTHER ORDERS that the Pending Appeals filed in respect of the Plan,

as depicted on Appendices 1 and 2 hereto, shall be determined through the hearing process or

as otherwise consented to by the parties and approved by the Board.

AND THE BOARD FURTHER ORDERS that it may be spoken to in the event some matter

should arise in connection with the implementation of this Order.

SECRETARY

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