Ontario Land Tribunal
655 Bay Street, Suite 1500 Toronto ON M5G 1E5 Telephone: (416) 212-6349 Toll Free: 1-866-448-2248 Website: olt.gov.on.ca
Tribunal ontarien de l’aménagement du territoire 655 rue Bay, suite 1500 Toronto ON M5G 1E5 Téléphone: (416) 212-6349 Sans Frais: 1-866-448-2248 Site Web: olt.gov.on.ca
ISSUE DATE:
February 10, 2025
CASE NO.:
OLT-22-004501
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant:
Amdev (Beamish) LP
Subject:
Application to amend Zoning By-law No. 438-86 – Refusal or Neglect to make a decision
Purpose:
To permit a 52-storey mixed-use building
Property Address:
4-10 Beamish Drive
Municipality:
City of Toronto
Approval Authority File No.:
19 232228 WET 03 OZ
OLT Case No.:
OLT-22-004501
OLT Lease Case No.:
OLT-22-004501
OLT Case Name:
Amdev (Beamish) LP v. Toronto (City)
BEFORE:
K.R. ANDREWS ) Monday, the 10th day of MEMBER ) ) February, 2025
THIS MATTER in respect of the lands at 4-10 Beamish Drive in the City of Toronto, having come for a public hearing on August 21, 2023 before the Ontario Land Tribunal (the "Tribunal") with its decision being issued on October 5, 2023 (the “Decision”) having determined that the appeal under subsections 34(11) of the Planning Act (the “Appeal”) should be allowed, in part, and that the proposed Zoning By-law Amendment should be approved, in principle, with the Final Order withheld pending the Tribunal being advised by the Parties that the pre-conditions contained in the Decision have been satisfied;
THE TRIBUNAL having been advised by the Parties on February 7, 2025, that the pre-conditions have been satisfied, including to the satisfaction of the City;
AND THE TRIBUNAL being satisfied that its directions as set out in the Decision have been met;
NOW THEREFORE
THE TRIBUNAL ORDERS that the Appeal is allowed and that the City of Toronto’s Zoning By-law No. 569-2013, as amended, is hereby amended in the manner set out in Attachment “1” to this Order. The Tribunal authorizes the municipal clerk to format, as may be necessary, and assign a number of this by-law for record keeping purposes.
“Euken Lui”
EUKEN LUI
ACTING REGISTRAR
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal
ATTACHMENT 1
Authority: Ontario Land Tribunal Decision issued on October 5, 2023 and its Order issued on February 10, 2025 in OLT File OLT-22-004501
CITY OF TORONTO
BY-LAW -2025 (OLT)
To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2024 as 4, 6, 8 and 10 Beamish Drive.
Whereas Council of the City of Toronto has the authority pursuant to Section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended, to pass this By-law; and
Whereas Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act, as amended; and
Whereas this By-law requires the owner confirm the availability of and/or provide municipal services to service the land, buildings or structures prior to the issuance of a building permit as required by Subsection 34(5) of the Planning Act, the issuance of such permit shall be dependent on satisfaction of same;
The Ontario Land Tribunal Orders:
The lands subject to this By-law are outlined by heavy black lines on Diagram 1 attached to this By-law.
The words highlighted in bold type in this By-law have the meaning provided in Zoning By-law 569-2013, Chapter 800 Definitions.
Zoning By-law 569-2013, as amended, is further amended by adding the lands subject to this By-law to the Zoning By-law Map in Section 990.10, and applying the following zone label to these lands: CR 3.5 (c3.5; r3.5) SS1 (x1003) as shown on Diagram 2 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding the lands subject to this By-law to the Policy Areas Overlay Map in Article 995.10.1 and applying the following Policy Area label to these lands: 2, as shown on Diagram 3 attached to this By-law.
Zoning By-law 569 -2013, as amended, is further amended by adding the lands to the Height Overlay Map in Article 995.20.1, and applying the following height label to these lands: HT 60 as shown on Diagram 4 attached to this By-law.
Zoning By-law 569 -2013, as amended, is further amended by adding the lands to the Lot Coverage Overlay Map in Article 995.30.1, and applying the following lot coverage label to these lands: 40, as shown on Diagram 5 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding the lands to the Rooming House Overlay Map in Article 995.40.1, and applying no value.
Zoning By-law 569-2013, as amended, is further amended by adding Article 900.11.10 Exception Number 1003 so that it reads:
(1003) Exception CR (1003)
The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
Site Specific Provisions:
(A) On lands municipally known as 4, 6, 8 and 10 Beamish Drive, if the requirements of By-law [Clerks to insert By-law ##] are complied with, a building or structure may be constructed, used or enlarged in compliance with Regulations (B) to (U) below;
(B) Despite Regulations 40.5.40.10(1) and (2) the height of a building or structure is the distance between the Canadian Geodetic Datum elevation of 133.8 metres and the elevation of the highest point of a building or structure;
(C) Clause 40.10.30.40 related to lot coverage does not apply;
(D) Despite Regulation 40.10.40.1(1), residential use portions of the building are permitted to be located on the same storey as non-residential use portions of the building, provided they are limited to residential lobbies and amenity space;
(E) Despite Regulation 40.10.40.10(1), the permitted maximum height of a building or structure is the number in metres following the letters "HT" as shown on Diagram 6 of By-law [Clerks to insert By-law ##];
(F) Despite Regulation 40.10.40.10(7), the permitted maximum number of storeys in a building is the number following the letters "ST" as shown on Diagram 6 of By-law [Clerks to insert By-law ##]; and
(i) For the purpose of this exception, a mezzanine with gross floor area of less than 40 percent of the gross floor area of the first storey and a mechanical penthouse with amenity space do not constitute a storey;
(G) Despite Regulations 40.5.40.10(3) to (E) above, the following equipment and structures may project beyond the permitted maximum height shown on Diagram 6 of By-law [Clerks to insert By-law ##]:
(i) structures or equipment used for the functional operation of the building including electrical, utility, mechanical and ventilation equipment, as well as enclosed stairwells, roof access, maintenance equipment storage, chimneys, vents, and water supply facilities, and structures that enclose, screen or cover these elements by a maximum of 6.0 metres;
(ii) parapets, and ornamental architectural features associated with a green roof may project an additional 1.5 metres above the maximum projection identified in (G)(i) above;
(iii) elevator shafts may project an additional 2.5 metres above the maximum projection identified in (G)(i) above, provided that the elevator shaft does not cover more than 15 percent of the area of the mechanical penthouse, measured horizontally;
(iv) terraces and balcony guardrails, privacy screens on terraces or balconies, planters and landscaping features by a maximum of 2.0 metres;
(v) window washing equipment, by an additional maximum of 2.0 metres; and
(vi) pools, hot-tubs, open-air recreation, trellises, pergolas, railings, light fixtures and unenclosed structures providing safety or wind protection to rooftop outdoor amenity space by a maximum of 3.0 metres;
(H) The permitted maximum "tower floor plate" for each storey of a "tower" is:
(i) 825 square metres from storeys 9 to 28; and
(ii) 785 square metres from storeys 29 to 44;
(I) Despite Regulation 40.10.40.40(1) and regulation 40.5.1.10.(3)(A), the permitted maximum gross floor area of all buildings and structures is 35,500 square metres, of which:
(i) the permitted maximum gross floor area for residential uses is 35,260 square metres;
(ii) the required minimum gross floor area for non-residential uses is 240 square metres; and
(iii) the permitted maximum gross floor area for non-residential uses is 300 square metres;
(J) The provision of dwelling units is subject to the following:
(i) The permitted maximum number of dwelling units is 530;
(ii) a minimum of 15 percent of the total number of dwelling units must have two bedrooms; and
(iii) a minimum of 10 percent of the total number of dwelling units must have three or more bedrooms;
(K) Despite Regulation 40.10.40.50(1) and (2), amenity space must be provided at the following rate:
(i) at least 2.0 square metres for each dwelling unit as indoor amenity space;
(ii) at least 2.0 square metres of outdoor amenity space for each dwelling unit;
(iii) at least 40.0 square metres of outdoor amenity space must be in a location adjoining or directly accessible to the indoor amenity space; and
(iv) no more than 25 percent of the outdoor component may be a green roof, which must be accessible to occupants of the dwelling units;
(L) Despite Regulation 40.10.40.70(1), and (4), the required minimum building setbacks are as shown in metres on Diagram 6 of By-law [Clerks to insert By-law ##];
(M) A minimum vertical clearance of 1.2 metres must be provided above any underground structure and finished ground level along Beamish Drive and the privately-owned-publicly accessible walkway identified on Diagram 6 of By-law [Clerks to insert By-law ##];
(N) Despite Regulation 40.10.40.80(1), the required separation of main walls are as shown in metres on Diagram 6 of By-law [Clerks to insert By-law ##];
(O) Despite Regulations 40.10.40.60 (1), (2), (3), (5), (6) and (L) and (N) above, the following elements may encroach into the required minimum building setbacks and main wall separation distances as follows:
(i) balconies, by a maximum of 1.8 metres, provided that:
(a) no balconies may encroach within 2 metres of the corner of the main walls of any storey of the "tower"; and
(b) on the main wall facing Beamish Drive, the total horizontal extent of balconies at each storey must not exceed 50 percent of the width of the main wall;
(ii) canopies and awnings, by a maximum of 3 metres;
(iii) exterior stairs, access ramps and elevating devices, by a maximum of 2 metres;
(iv) architectural features, such as a pilaster, decorative column, cornice, sill, belt course, or chimney breast, by a maximum of 2 metres;
(v) eaves, window projections, including bay windows and box windows, by a maximum of 1 metre; and
(vi) air conditioners, satellite dishes, antennae, vents, and pipes, by a maximum of 2 metres;
(P) A privately-owned-publicly accessible walkway with a minimum area of 210 square metres must be provided at the ground level on the lot in the location generally shown on Diagram 6 attached to By-law [Clerks to insert By-law ##];
(R) Despite Regulation 200.25.15.2, regulation 200.5.10.1(1) and Table 200.5.10.1, parking spaces must be provided in accordance with the following:
(i) A minimum of 0.135 parking spaces for each dwelling unit must be provided for residents; and
(ii) A minimum of 0.01 parking spaces per dwelling unit must be provided for visitors;
(S) Despite Regulation 230.5.1.10(10), "short-term" bicycle parking spaces may also be located in a stacked bicycle parking space;
(T) Despite Regulation 230.5.1.10(4)(A)(ii), the required minimum width of a stacked bicycle parking space is 0.46 metres;
(U) For the purpose of this exception, each word or expression that is in bold font in this exception shall have the same meaning as each word or expression as defined in Chapter 800 of this By-law, as amended, except for the following:
(i) "Tower" means the portions of the building shown on Diagram 6 attached to By-law [Clerks to insert By-law ##] located above a height of 28.5 metres; and
(ii) "Tower floor plate" means the total built area within a "tower", as measured from the exterior of the main walls on each storey, but excluding balconies.
Prevailing By-laws and Prevailing Sections: (None Apply)
- Availability of Municipal Services
Pursuant to Subsection 34(5) of the Planning Act, as amended, prior to issuance of any Building Permit for any building or structures permitted by this By-law on the lands shown on Diagram 1, the Owner shall enter into a financially secured agreement to upgrade the approximately 60 metre section of the existing 200 millimetre diameter concrete sanitary sewer on Dundas Street West, that drains westerly between Jopling Avenue South and Auckland Road, or alternatively this sanitary sewer upgrade shall be complete and operational, to ensure adequate capacity in municipal sewers to service the building or structure, to the satisfaction of the City.
Pursuant Ontario Land Tribunal Decision issued on October 5, 2023 and its Order issued on February 10, 2025 in OLT File OLT-22-004501.
Diagram 1
Diagram 2
Diagram 3
Diagram 4
Diagram 5
Diagram 6