253, 255, 259, 263 Viewmount Avenue and 12, 14, 16, 18 Romar Crescent - Official Plan Amendment, Zoning By-law Amendment Applications - Appeal

On February 20, 2025, the applicant appealed the Official Plan and Zoning By-law Amendment Application to the Ontario Land Tribunal due to Council's failure to make a decision within the time frame in the Planning Act. This Report recommends that the City Solicitor with the appropriate City Staff attend the Ontario Land Tribunal hearing to oppose the application in its current form and to continue discussions with the applicant to resolve any outstanding issues. A related Rental Housing Demolition application has also been submitted as the proposal includes the demolition of eight residential dwelling units, three of which are rental. Should the Ontario Land Tribunal allow the appeal, staff recommend the final Order be withheld until rental housing matters have been addressed, among other matters that may also be identified.

2. City Council authorize the City Solicitor and City Staff to take any necessary steps to implement City Council's decision, including requesting any conditions of approval that would be in the City's interest, in the event the Ontario Land Tribunal allows the appeal, in whole or in part. 3. In the event the Ontario Land Tribunal allows the appeal in whole or in part, that City Council approve: a. that in accordance with Section 42 of the Planning Act prior to the issuance of the first above grade building permit, the Owner shall convey to the City, an on-site parkland dedication, having a minimum size of 564.2 square metres, to the satisfaction of the General Manager, Parks and Recreation and the City Solicitor. b. the acceptance of on-site parkland dedication, subject to the owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition; the owner may propose the exception of encumbrances of tiebacks, where such an encumbrance is deemed acceptable by the General Manager, Parks and Recreation, in consultation with the City Solicitor; and such an encumbrance will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks and Recreation and the Executive Director, Corporate Real Estate Management. c. a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the Owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks and Recreation. The development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.