Board enforces Richmond Hill OP heights

NRU
Oct. 8, 2014

In a September 4 decision, board vice-chair Jan de Pencier Seaborn allowed an appeal, in part, by Shiplake Developments Ltd. and Angelo, Louise and Josephine Cimetta. Shiplake and the Cimettas had appealed the Town of Richmond Hill and York Region’s failure to make a decision on an official plan amendment and Richmond Hill’s failure to make a decision on a zoning by-law amendment for their lands at 8874 Yonge Street. Shiplake and Cimetta sought to permit a 17- and 24-storey development, with a 10-storey retirement residence on the west end of the site.

The board also approved separate minutes of settlement arising from issues raised by the Toronto and Region Conservation Authority-primarily related to transportation issues.

The board was informed that four significant issues remained regarding the Shiplake and Cimetta development: the tower heights, the appropriateness of a 10-storey retirement residence, configuration and ownership of an adjacent park and the town’s request to add a cul-de-sac to the development to replace a hammerhead street pattern.

Planner Michael Goldberg (Goldberg Group), urban designer Anne McIlory (Brook McIlroy), park planner Edward Newhook (Milestone Strategy) and transportation planner Brent Hooton (Dillon Consulting Limited) gave evidence in support of Shiplake and Cimetta’s appeal. Urban designer Joanne Leung, transportation planner Ahsun Lee, park planner Tracey Steele and planner Deborah Giannetta gave evidence on behalf of the town.

Despite compelling evidence from Shiplake and Cimetta’s experts that its development would conform to provincial documents and the region’s official plan, the board found that the development should respect the 15-storey height limit in the town’s official plan. Pointing to the settlement between the town and Great Land (Westwood) Inc. issued August 8, the board noted that an increase in density may be appropriate but rejected the position that at 15 storeys the site would be “under-utilized.” Great Land owns the adjacent property at 8890 Yonge Street. Its settlement resulted in a reduction in height from 24 to 15 storeys and an increase in density from 2.5 to 4.1 floor space index.

The town’s experts objected to the 10-storey retirement residence, as the lands were designated for low-density uses. T e board found that mid-rise development with a modest increase in density would be appropriate for the site, but not at the height proposed. The board said that an eight-storey building would provide the proper transition to the adjacent residential neighbourhood.

Shiplake and Cimetta proposed to operate the park as a privately owned, publically accessible open space, while the town sought a publically-owned park. The board agreed with the town that it should determine the programming. However, the board found Shiplake and Cimetta’s park design to be acceptable.

On the issue of the cul-de-sac, the board agreed with Shiplake and Cimetta that the creation of a cul-de-sac should not be a requirement of approval, noting that an existing hammerhead configuration has been operational for about 40 years.

The board allowed Shiplake and Cimetta’s appeals, in part, but withheld its order pending official plan and zoning bylaw amendments refl ecting the reduced heights. The board approved the settlement between the Toronto and Region Conservation Authority and Shiplake and Cimetta, as well as between the authority and Great Land. The board also approved the settlement between the town and Great Land. Solicitors involved in this decision are Barnet Kussner.

(WeirFoulds LLP) and Alexis Aleya representing the Town of Richmond Hill, John Alati and Aaron Platt (Davies Howe Partners LLP) representing Shiplake Developments Ltd. and Angelo, Louise and Josephine Cimetta, Andrew Biggart and Bruce Ketcheson (Ritchie Ketcheson Hart Biggart LLP) representing Great Land (Westwood) Inc, and Frank Santaguida and Gabe Szobel representing York Region.