SORE is providing the following clarification on a zoning application it wishes to bring with respect to 144/176 John St E in light of recent social media posts by Councillor Wiens.
SORE approached the Town months ago with an intended rezoning application for these properties. The intent of the application is simple. We believe based on a thorough examination of the relevant documents that at the time the 2011 Council (narrowly) approved the redesignation of 144/176 John St from residential to commercial that Council’s intent was to limit the height of the Romance Inn to 3 stories. The staff report to Council, the peer review report commissioned by the Town and the 2011 Official Plan Amendment itself are all crystal clear on this point. Inexplicably however, the zoning bylaw amendment that followed allows for a height of 57 feet. We believe this was an error. SORE’s intended zoning bylaw amendment application seeks only to rectify the 2011 bylaw to implement what we believe was Council’s clear intent. In effect, we are doing the Town’s work for it on this matter so that the Town can preserve its resources for other planning files.
Mr. Marotta’s 2018 hotel and convention centre application for these lands sought a hotel of effectively 7 stories, more than DOUBLE what Council envisaged for the Romance Inn. SORE believes that this issue should be settled before Mr. Marotta comes back with yet another outrageous application for Randwood.
SORE went through extensive preconsultation with Town planning staff with respect to the application. All Town requests with respect to the application have been satisfied save and except for one – the property owner, a Marotta company, has not signed the application. The Town therefore chose to deem the application incomplete.
Our lawyers have advised both us and the Town’s lawyer that the Planning Act permits SORE to make this application. Our planners have also advised Town planning staff of the same. Nonetheless, the Town wishes the OLT to decide whether or not the application is complete without Mr. Marotta’s signature. This is a choice on the Town’s part, which we respect. Accordingly, we are bringing a motion to the OLT later this month to ask the OLT to deem the application complete. The motion deals only with this one issue – is SORE entitled under the Planning Act to make this application. As we have advised Council, if the Town were to change its position and deem the application complete, the motion would not be necessary and we will withdraw it.
If SORE’s motion is successful, the zoning application will then be filed with and processed by the Town. If the Town declines to deal with the application within the 90-day period provided by the Planning Act, SORE will appeal directly to the OLT for a decision on the merits. The Town does not need to participate in that OLT hearing. Mr. Marotta through his companies will have full standing to argue the merits of SORE’s application before the OLT.
Mr. Marotta is not being deprived of any right to contest the application on its merits, contrary to assertions by Councillor Wiens. We expect the matter will be vigorously argued before the OLT, and at no cost to the Town unless it chooses otherwise.