0, 119-125, 160 and 200 Benny Stark Street and 116-122 Turnberry Avenue - Official Plan and Zoning By-law Amendment Application - Appeal Report

A Draft Plan of Subdivision application was also submitted to subdivide the lands into four development blocks, one park block and one open space block that would preserve the natural area associated with the Lavender Creek System. The application also proposes two new public streets and a new public lane internal to the site. On January 27, 2025, the applicant appealed the Official Plan and Zoning By-law Amendment application to the Ontario Land Tribunal ("OLT") due to Council not making a decision within the timeframe prescribed by the Planning Act. The Draft Plan of Subdivision application was not included in the appeal. This report recommends that the City Solicitor and appropriate City staff attend the OLT to oppose the Official Plan and Zoning By-law Amendment application in its current form and to continue discussions with the applicant in an attempt to resolve outstanding issues.

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 is allowed, in whole or in part.