50-64 Merton Street - Official Plan and Zoning By-law Amendment Applications - Appeal Report

The draft Official Plan Amendment permitted a reduction in the required office gross floor area from 100 to 75 percent, and a reduction in the required amount of three-bedroom units from 10 to 7 percent with a portion of the one-bedroom units being located and designed so they can be converted to provide additional two- and three-bedroom units if needed.. The implementing bills to enact the Official Plan and Zoning By-law Amendments were withheld until the applicant had satisfied a number of outstanding requirements related to Functional Servicing and Stormwater Management and the heritage building. On January 6, 2025, the applicant appealed the Official Plan and Zoning By-law Amendment applications to the Ontario Land Tribunal ('OLT') due to Council not making a decision within the time frame in the Planning Act. On January 22, 2025, revised Official Plan and Zoning By-law Amendment applications were submitted, which proposed to modify the amount of required office replacement from 75 to 0 percent. This report recommends that the City Solicitor and appropriate City staff attend the OLT hearing to oppose the January 22, 2025 revised applications in their current forms, and to continue discussions with the applicant to resolve outstanding issues.

2. In the event that the Ontario Land Tribunal allows the Official Plan and Zoning By-law Amendment appeals in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Order(s) be withheld until such time as the City Solicitor advises that: a. the final form and content of the draft Official Plan Amendment and the draft Zoning By-law Amendment are to the satisfaction of the City Solicitor and the Executive Director, Development Review; and, b. the owner at their sole cost and expense has: i. submitted a revised Functional Servicing and Stormwater Management Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; ii. entered into a Municipal Infrastructure Agreement to financially secure the construction of any improvements to the municipal infrastructure in connection with the accepted Functional Servicing Report by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required; iii. entered into a Heritage Easement Agreement with the City for the property at 50 Merton Street substantially in accordance with the plans and drawings dated November 23, 2023 prepared by Hariri Pontarini, and on file with the Senior Manager, Heritage Planning; and the Heritage Impact Assessment, dated November 30, 2023, prepared by GBCA, all on file with the Senior Manager, Heritage Planning, subject to and in accordance with the Conservation Plan below, to the satisfaction of the Senior Manager, Heritage Planning, including execution of such agreement to the satisfaction of the City Solicitor; and iv. provided a detailed Conservation Plan, prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment for the property at 50 Merton Street, to the satisfaction of the Senior Manager, Heritage Planning. 3. City Council authorizes the City Solicitor and City staff to take any necessary steps to implement City Council's decision.