PROCEEDING COMMENCED UNDER subsection 17(40) of the Planning Act, R.S.O. 1990, c. P.13, as amended Appellants: 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. 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 Land (Westwood) Inc. 775377 Ontario Ltd. (Belmont) Robert Salna and Robert Salna Holdings Inc. AME-SON Holdings Ltd. Corsica Development Inc. Elginbay Corporation

Ontario Municipal Board Commission des affaires municipales de l’Ontario

ISSUE DATE: October 13, 2015 CASE NO(S).: PL110189

2 PL110189

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.

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 OMB Case Name: Cimetta v. Richmond Hill (Town) Heard: September 25, 2015 in Richmond Hill, Ontario APPEARANCES: Parties Counsel Town of Richmond Hill Barnet Kussner and Alexis Alyea Regional Municipality of York Gabe Szobel Signature 153 16th Avenue Inc. Signature Developments Inc. New Era Developments (2011) Inc. 1191261 Ontario Inc.

Barry Horosko (DNA)

P. Campagna Investments Ltd. P.A. Campagna 1480420 Ontario Ltd.

H. Lau (student at law) and Caterina Facciolo (DNA)

TSMJC Properties Inc. Angelo, Louise, and Josephine Cimetta, Shiplake Developments Ltd.

Aaron Platt

Haulover Investments Ltd. Montanaro Estates Limited/

Jeffrey Streisfield

3 PL110189 Yvonne & William Worden Robert Salna Holdings Inc. Baif Developments Limited Stonecourt Construction Inc. Richmond Heights Shopping Centre

Roslyn Houser

Torview Properties Inc. Rice Commercial Group of Companies Major Mack 404 Realty Inc. Elginbay Corporation Zamani Homes (Richmond Hill) Ltd.

Ira Kagan

Amir-Hessam Limited 668152 Ontario Limited 563753 Ontario Limited

Susan Rosenthal and Meaghan McDermid

1835942 Ontario Inc. Patricia Foran MEMORANDUM OF ORAL DECISION DELIVERED BY J. de P. SEABORN ON SEPTEMBER 25, 2015 AND ORDER THE BOARD

[1] The remaining appeals of the Official Plan (“OP”) for the Town of Richmond Hill

(“Town”) were scheduled for a further pre-hearing, notice of which was given in previous

dispositions. The Town circulated an agenda and the issues raised at the pre-hearing,

including notice of future hearing dates and approvals given, are addressed below.

[2] The Town served and filed a notice of motion (Exhibit 106) seeking an order

approving additional portions of the Town’s Official Plan (“OP”) as adopted by the Town

in July 2010 and as modified and recommended for approval by the Regional

Municipality of York (“Region”) in May 2011. Responses to the motion were filed by Ms.

Rosenthal (Exhibit 107) and Mr. Streisfield (Exhibit 108). The motion ultimately

proceeded on consent; however, counsel for other landowners who also have

employment lands provided their consent subject to specific language appended as part

of the Board’s order.

[3] The basis for the relief sought is set out in the affidavit of Paul Freeman and the

affidavit of Patrick Lee, each of whom are qualified land use planners with the Town.

4 PL110189 The first set of policy modifications addresses the appeal by Robert Salna and Robert

Salna Holdings Inc. (“Salna”), represented by Mr. Streisfield. Mr. Freeman explained

that in order to effect a settlement with Salna (Appellant #37), the Town is

recommending modifications to Section 5.5 of the OP, which prescribes the policies

governing the use of s. 37 of the Planning Act (“Act”). Salna’s primary issue relates to

the scope of potential community benefits included in the policies of Section 5.5 of the

OP. The Town has agreed to expand the list to include reference to a linked system of

courtyards as well as heritage enhancements. Mr. Freeman’s affidavit provides a

planning rationale for the modifications and an opinion recommending that the

modifications be implemented. The precise wording of the modifications that form the

settlement are approved by the Board and set out in Attachment 1. The only other

appeal in respect of Section 5.5 was launched by Arten Developments Inc. (Appellant

#27) and that appeal, which was site specific, was resolved by a previous order of the

Board.

[4] The second set of policy modifications for which approval is sought relates to

appeals by Ms. Rosenthal’s clients (Appellants #1 and #2). In his affidavit Mr. Lee

explains the background to the appeals and the basis for the policy modifications.

Generally, the central issue is the appropriateness of the Employment Corridor

designation to particular lands within the North Leslie Secondary Plan, as well as the

Employment land conversion policies in the Part 1 OP. The Town has reached an

agreement with Ms. Rosenthal’s clients which has the effect of re-designating the

subject lands (described in the evidence and owned by Appellant’s #1 & #2) for Low

Density and Medium Density uses. The modifications to the OP agreed to between the

parties are set out in Attachment 2 and consistent with the opinion of Mr. Lee, are

approved by the Board. As indicated at the outset, the motion and approval proceeded

on the basis that other appellants who own lands designated Employment provided their

consent subject to agreement with the Town, described in Attachment 3 to this decision.

The lack of opposition to the motion from these Appellants (represented by Mr. Kagan

and Ms. Houser) is premised on the particular wording set out in Attachment 3 (Exhibits

109A & 109B) which describes the commitment provided by the Town to Appellants #

5 PL110189 21 & #29, respectively. Mr. Horosko, who represents Appellants #44 & #45, indicated

through Mr. Kussner that he has no objection to the settlement. Lastly, Ms. Foran

indicated that she no longer acts for E. Manson Investments (Appellant #23). A new

owner is involved and a representative, Tony Prior, attended the pre-hearing and will be

added to the Board’s mailing list.

[5] With respect to the remaining appeals of the Town’s OP, Mr. Kussner provided

several updates and recommended a further pre-hearing for early January 2016 as well

as blocks of hearing time in the spring/summer of 2016 to complete the appeals relating

to employment lands. The specific dates are set out below.

[6] As indicated at the last pre-hearing, certain appeals relate to lands subject to

“Special Policy Areas” (“SPA”). Salna and P. Campagna Investments Ltd. are both

affected. The Town’s SPA study has been submitted to the Province for review and staff

will review their comments and organize a public consultation session for the fall of

2015. An update will be provided at the next pre-hearing conference. With respect to

remaining appeals for several groups of issues, in most instances negotiations are

ongoing with the Town and further resolutions and/or updates will be provided at the

next pre-hearing.

[7] Mr. Kussner, on behalf of the Town and Mr. Platt, on behalf of Shiplake/Cimetta

remain in discussions with respect to arriving at an agreement on the revised concept

plan and implementing zoning by-law required to implement the Board’s decision issued

September 4, 2014. Counsel remain optimistic that the matter will be fully resolved and

it is their expectation that they will request a hearing by way of telephone conference

call to implement the settlement. The Case Coordinator should be contacted in this

regard.

[8] With respect to the status of the outstanding appeals, Mr. Kussner filed an

updated version of the matrix (Exhibits 110A and 110B) which sets out the policies that

remain under appeal. The matrix has been updated from the version (most recently,

6 PL110189 Exhibits 104A and 104B) filed at the previous pre-hearing and is set out as Attachment

4 to this decision. Exhibits 110A and 110B represent an accurate reflection of the

remaining policies under appeal, as at September 25, 2015.

[9] The appeal by Ms. Foran’s client will be heard over a 10 day block of time,

commencing at 10 a.m. on Monday, March 14, 2016 for five days. The hearing will

resume on Monday, May 16, 2016 for a further five days. The hearing will be held at

the Town of Richmond Hill and there will be no further notice.

[10] With respect to the balance of the appeals relating to employments lands, a four

week hearing is scheduled to commence at 10 a.m. on Monday, June 20, 2016.

The hearing will be held at the Town of Richmond Hill (see below) and there shall be no

further notice.

[11] The next pre-hearing is scheduled for Thursday, January 7, 2016 at 10 a.m. at:

Town of Richmond Hill Committee Room 2

225 East Beaver Creek Road Richmond Hill, ON L4B 3P4

[12] No further notice will be sent and I remain seized of all hearing events in respect

of the Town’s OP. The Town will circulate an agenda and any procedural matters that

require resolution will be addressed at the pre-hearing. Motions, if any, shall be brought

on notice in accordance with the Board’s Rules of Practice and Procedure. A Procedural

Order in relation to the hearing set to commence in March 2016 will be finalized at the

January pre-hearing. In addition, an update will be provided with respect to the

organization of the hearing scheduled to commence in June 2016.

[13] If any issues arise prior to the next pre-hearing, Counsel should contact the Case

Coordinator, Tome Kondinski at 416-326-6799, and a hearing may be convened by way

of teleconference call.

7 PL110189

“J. de P. Seaborn”

J. de P. SEABORN VICE-CHAIR

If there is an attachment referred to in this document, please visit www.elto.gov.on.ca to view the attachment in PDF format.

Ontario Municipal Board A constituent tribunal of Environment and Land Tribunals Ontario

Website: www.elto.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

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