4884-4896 Dundas Street West - Official Plan Amendment and Zoning By-law Amendment Application - Appeal Report

The revision continues to retain the heritage building within the site but proposes to move it entirely out of the public right-of-way. On June 23, 2023, the applicant appealed the application to the Ontario Land Tribunal citing City Council's failure to make a decision on the application within the time period prescribed under the Planning Act. The site is also the subject of an associated application for Site Plan Control approval, which has not been appealed. A Case Management Conference was held on September 28, 2023 (OLT Case OLT-23-000654). City staff require direction from City Council in advance of the next Case Management Conference scheduled for the week of February 19, 2024. An Ontario Land Tribunal hearing has been scheduled from June 17 to 21, 2024. This report recommends that Council direct the City Solicitor, together with appropriate City staff, to attend the Case Management Conference and any future Ontario Land Tribunal hearing to oppose the application in its current form and to continue discussions with the applicant to resolve outstanding issues.

If the Ontario Land Tribunal allows the appeals, in whole or in part, City Council authorize the City Solicitor to request that the Ontario Land Tribunal withhold the issuance of any final Order(s) until such time as the Ontario Land Tribunal has been advised by the City Solicitor that: a. The final form and content of the Official Plan and Zoning By-law Amendments are satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; b. The owner has provided a revised Functional Servicing and Stormwater Management Report, to determine the stormwater runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development, to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services; c. The owner has addressed all outstanding issues identified in the Engineering and Construction Services' correspondence, dated December 11, 2023, to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services; d. The owner has provided a revised Servicing Report Groundwater Summary Form, Hydrogeological Assessment Report, Hydrological Review Summary Form, and Foundation Summary Form to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services; e. The owner has provided a revised Transportation Impact Study, to the satisfaction of the General Manager, Transportation Services; f. The owner has made arrangements with the City and has entered into the appropriate agreement(s) for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the revised Functional Servicing and Stormwater Management Report accepted by the Chief Engineer and Executive Director of Engineering and Construction Services and revised Transportation Impact Study accepted by the General Manager, Transportation Services; and g. The owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review, as they relate to the Official Plan and Zoning By-law Amendments application, to the satisfaction of the General Manager of Parks, Forestry and Recreation. 3. City Council authorize the City Solicitor and other City staff to take any necessary steps to implement City Council's decision.