Publications (annual reports, brochures)



|Ontario Municipal Board |

|Commission des affaires municipales |

|de l’Ontario |

|ISSUE DATE: |March 6, 2015 |CASE NO(S).: |PL110189 |

| | | | |

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 |

| |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 |

|Heard: |February 27, 2015 in Richmond Hill, Ontario |

|APPEARANCES: | |

| | |

|Parties |Counsel |

| | |

|Town of Richmond Hill |Barnet Kussner and Alexis Alyea |

| | |

|Regional Municipality of York |Frank Santaguida |

| | |

|Signature 153 16th Avenue Inc. |Barry Horosko |

|Signature Developments Inc. | |

|New Era Developments (2011) Inc. | |

| | |

|P. Campagna Investments Ltd. |Caterina Facciolo |

|P.A. Campagna | |

|1480420 Ontario Ltd. | |

| | |

|TSMJC Properties Inc. |Aaron Platt |

|Angelo, Louise, and Josephine Cimetta | |

|Shiplake Developments Ltd. | |

| | |

|Haulover Investments Ltd. |Jeffrey Streisfield |

|Montanaro Estates Limited/ | |

|Yvonne & William Worden | |

|Robert Salna Holdings Inc. | |

| | |

|Baif Developments Limited |Roslyn Houser |

|Stonecourt Construction Inc. | |

|Richmond Heights Shopping Centre | |

| | |

|Torview Properties Inc. |Ira Kagan |

|Rice Commercial Group of Companies | |

|Major Mack 404 Realty Inc. | |

|Elginbay Corporation | |

|Zamani Homes (Richmond Hill) Ltd. | |

| | |

|Amir-Hessam Limited |Susan Rosenthal |

|668152 Ontario Limited | |

|563753 Ontario Limited | |

| | |

|Loblaw Properties Limited |Steven Zakem |

| | |

|Arten Developments Inc. |Christopher Tanzola/Daniel Artenosi (DNA) |

| | |

|1835942 Ontario Inc. |Patricia Foran |

|E. Manson Investments | |

MEMORANDUM OF ORAL DECISION DELIVERED BY J. de P. SEABORN ON FEBRUARY 27, 2015 AND ORDER THE BOARD

1] The appeals before the Board relate to the Official Plan (“OP”) for the Town of Richmond Hill (“Town”) and were scheduled for a further prehearing, notice of which was given in previous dispositions. The Town circulated an agenda and the issues raised at the pre-hearing, including the adjustment of previously scheduled hearing dates, are addressed below.

2] The Town and the appellants (Groups 14 and 15) to the employment policies (including conversion and uses and certain site specific appeals) recently participated in a mediation assessment following which hearing dates previously scheduled were released from the calendar. As result, the hearing dates scheduled for March and April 2015 are cancelled. However, the hearing dates set aside for June 1 to 5, 2015 and June 15, 2015 to June 29, 2015 (two weeks) are available and remain scheduled (in accordance with the Board’s decision issued in December 2014) to addresses any issues with respect to the appeals in respect of the employment policies in the Town’s OP that are not resolved. There is at least one issue (if not more) that will be not be resolved as between the Town and Mr. Horosko’s client. It is the Town’s intention to proceed to a hearing on that issue (related to conversion) commencing on June 15, 2015. Mr. Horosko indicated that he may not be ready to proceed as he must check the availability of his planning expert. In addition, the outstanding issues may affect other appellants who, as a result, may decide to participate in the hearing. Counsel indicated that if their issues are not resolved through the mediation, they would not be prepared to proceed in June 2015. Following discussion with Counsel for the other appellants, Mr. Kussner agreed that in the absence of an agreement with the parties (other than Mr. Horosko) the Town would not proceed to a hearing in June, 2015. However, if the only issues are those raised by Mr. Horosko and the other parties are not involved, the Town’s request is that the hearing proceed. Given the hearing dates were established in November 2014 and the mediations are set for late March and early April, at this juncture the hearing dates will remain on the calendar. If a change in the schedule is required, that matter can be addressed following the mediation. With respect to the mediation, Mr. Horosko did not participate in the initial assessment and he will likely request an independent mediation assessment.

3] Counsel requested that the next pre-hearing will be held on Friday, June 5, 2015, which is a hearing date previously scheduled. If an adjustment to the June hearing dates is requested and there is no consent, a further prehearing should be arranged following the mediations referred to above.

4] 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 on September 4, 2014. The parties should keep the Board advised of their progress and if no agreement is reached, a hearing date will be set.

5] With respect to the status of the outstanding appeals, Mr. Kussner filed an updated version of the matrix (Exhibits 100A and 100B) which sets out the policies that remain under appeal. The matrix has been update to reflect recent decisions issued in respect of the Town’s OP, including the decision on the parkland policies. Mr. Streisfield indicated that he has independently contacted the Board Secretary with respect to the status of certain policies and while he was clear that he was not asking the Board to make any ruling, he did it known that he has a concern as to the status of certain policies. It was Mr. Kussner’s submission that Exhibits 100A and 100B represent an accurate reflection of the remaining policies under appeal. Moreover, certain appeals made by Mr. Streisfield’s clients’ have been dismissed by the Board and in the Town’s view, there is no basis to re-visit the affected policies. I accept that Exhibits 100A and 100B are an accurate reflection of the outstanding appeals and at the request of the Town and for clarity going forward, the updated matrix is set out as Attachment 1. Finally, Mr. Kussner had advised at the last pre-hearing that the Town is in the process of contacting several appellants (other than those associated with the appeals set out above) to try and reach an agreement on a timetable going forward so that all outstanding appeals are resolved as soon as possible. In this regard, motions may be brought, on notice, at the next pre-hearing or addressed by way of telephone conference call in advance of June 5, 2015.

6] The next prehearing is scheduled for Friday, June 5, 2015 at 10 a.m. at:

Town of Richmond Hill

Committee Room 2

225 East Beaver Creek Road

Richmond Hill, ON

7] No further notice will be sent and I remain seized. The Town will circulate an agenda and any procedural matters that require resolution may 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.

8] If any issues arise, Counsel may contact the Case Coordinator, Tome Kondinski.

“J. de P. Seaborn”

J. de P. SEABORN

VICE CHAIR

Ontario Municipal Board

A constituent tribunal of Environment and Land Tribunals Ontario

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

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download