Mid-rise in Richmond Hill dismissed

NRU
Oct. 15, 2014

In a September 16 decision, board member Jason Chee-Hing dismissed an appeal by Yorkdale Group Inc. of the Town of Richmond Hill’s failure to make a decision on official plan and zoning by-law applications for 13532 and 13554 Yonge Street. Yorkdale had sought to build two six-storey, mixed-use buildings with 204 dwelling units within the Oak Ridges Moraine. The site plan was also referred to the board by the town.

Subsequently Yorkdale submitted a revised proposal for two six-storey, residential buildings containing 198 apartment units. Council denied the application at its July 2, 2013 meeting. The revised proposal was before the board. Yorkdale planner Murray Evans (Evans Planning), architect and urban designer Harry Kohn (Kohn Partnership Architects Inc.), ecologist Ron Huizer (Beacon Environmental), hydrogeologist Paul Bowen (Terraprobe Inc.) and civil engineer Andrew Ip (Masongsong Associates Engineering Limited) offered expert testimony. Richmond Hill planner Denis Beaulieu and architect and urban designer Joanne Leung testifi ed on behalf of the town.

The board considered whether a six-storey building would be compatible with the planned context for this part of Yonge Street. Th e Richmond Hill official plan only allows four-storeys, and at a far lower density - 60 units per hectare, whereas the proposal is for 230 units per hectare. Also at issue was whether an exception should be allowed under the town’s zoning by-law for development in the Oak Ridges Moraine that disturbs a land form by more than 25 per cent.

The board opined that the proposal would not be compatible with the existing or planned context, which the town had planned to be a low-density suburban community. The board noted that the town had inconsistently applied its by-law regarding development in the Oak Ridges Moraine, but that this discrepancy was not enough to allow the development to proceed. The board dismissed the appeal.

Solicitors involved in this decision were Richard Arblaster (Richard R. Arblaster) representing Yorkdale Group Inc. and Antonio Dimilta and Alexis Alyea representing the Town of Richmond Hill. (See OMB Case No. PL130309.)