1799 St Clair Avenue West - Official Plan and Zoning By-law Amendment and Draft Plan of Subdivision Applications - Appeal Report

A Privately Owned Publicly-Accessible Space ("POPS") is proposed within the southwest corner of the site. A Draft Plan of Subdivision application was also submitted which proposes to divide the site into several blocks to accommodate the proposed buildings, public and private laneways and municipal services. The applications also propose to acquire a portion of the St. Clair Avenue West right-of-way, currently owned by the City, in order to expand the site to the north. On January 24, 2025, the applicant appealed the Official Plan and Zoning By-law Amendment application along with the Draft Plan of Subdivision application to the Ontario Land Tribunal ("OLT") due to Council not making a decision within the timeframe prescribed by the Planning Act. 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 together with the Draft Plan of Subdivision application in their 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, in whole or in part.