245-251 Marlee Avenue, 1-7 Romar Crescent and 16 Stayner Avenue - Official Plan and Zoning By-law Amendment Application - Appeal Report

On July 7, 2025, the applicant appealed the Official Plan and Zoning By-law Amendment application to the Ontario Land Tribunal citing Council's failure to make a decision within the timeframes specified the Planning Act. A Case Management Conference has not yet been scheduled. On July 22, 2025, a complete application for Site Plan Control was submitted. As the Site Plan Application is not subject to the current appeal, this application is held in abeyance pending the outcome of this appeal. This report recommends that City Council instruct the City Solicitor with the appropriate City staff to attend the Ontario Land Tribunal hearing in opposition to the proposal in its current form, and to continue discussions with the applicant to try to resolve the issues in advance of the hearing.

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. Should it be determined that upgrades are required to the infrastructure to support the development at 245-251 Marlee Avenue, 1-7 Romar Crescent and 16 Stayner Avenue, according to the accepted Functional Servicing and Stormwater Management Report, the City Council direct the City Solicitor and appropriate City staff to request that a Holding provision (H) be included in the final form of the site-specific Zoning By-law Amendment, including entering into appropriate agreement(s) with the City for required mitigation, as well as the design and construction of any improvements to the municipal infrastructure and the provision of financial securities to the satisfaction of the Director, Engineering Review, Development Review. 4. City Council request that the Owner make reasonable commercial efforts to identify, in consultation with the General Manager, Parks and Recreation, a suitable off-site parkland dedication as a substitution for an on-site parkland dedication that: a. is accessible to the area where the subject site is located; b. is a good physical substitute for any on-site parkland dedication; c. is free and clear, above and below grade, of all easements, encumbrances, and encroachments; d. is in an acceptable environmental condition; and e. the value of the off-site dedication shall not exceed the estimated value of the on-site dedication that would otherwise be required, which value may include the cost of acquiring the land, land transfer tax, typical closing cost and reasonable real estate commissions of up to 5 percent, all to the satisfaction of the General Manager, Parks and Recreation. 5. Should the General Manager, Parks and Recreation, and the Owner agree to a property as a substitution for an on-site dedication, City Council accept the off-site parkland dedication, in full or partial fulfilment of the parkland dedication requirements, pursuant to Section 42 of the Planning Act, with conveyance to the City to occur prior to the issuance of the first above grade building permit in accordance with the following: a. in the event the value of the off-site parkland dedication is less than the value of an on-site parkland dedication, the Owner shall provide a cash-in-lieu payment for the shortfall in parkland dedication in accordance with Chapter 415 Article III of the Municipal Code; and b. in the event the Owner is unable to provide a substituted off-site parkland dedication to the City, the Owner will be required to satisfy the parkland dedication requirement through a cash-in-lieu of parkland payment prior to the issuance of first above grade building permit in accordance with Chapter 415 Article III of the Municipal Code, all to the satisfaction of the General Manager, Parks and Recreation, and the City Solicitor. 6. Should a substituted off-site parkland dedication be accepted by the General Manager, Parks and Recreation, City Council approve 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.