Item - 2023.EY2.8

The Etobicoke York Community Council recommends that:

1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current application regarding the Zoning By-law Amendment appeal for the lands at 4, 6, 8 and 10 Beamish Drive and to continue discussions with the applicant in an attempt to resolve outstanding issues.

2. In the event that the Ontario Land Tribunal allows the appeal, 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 form and content of the Zoning By-law Amendments are to the satisfaction of the City Solicitor and Chief Planner and Executive Director, City Planning;

b. The owner has submitted a revised Functional Servicing and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and such report shall determine the stormwater run-off, sanitary flow and water supply demand resulting from the development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development and/or any upgrades that may be required;

c. The owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review, as they relate to the Zoning By-law Amendment application, to the satisfaction of the General Manager, Parks, Forestry and Recreation;

d. The owner has provided a revised Transportation Impact Study to the satisfaction of the General Manager, Transportation Services; and

e. The owner has provided a revised Pedestrian Wind Study to the satisfaction of the Chief Planner and Executive Director, City Planning, with recommendations implemented as part of the amending Zoning By-laws to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

3. Should it be determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing and Storm Water Management Report and the Traffic Impact Study, City Council direct the City Solicitor and appropriate City staff to request that a Holding Provision (H) be included in the final form of the site-specific Zoning By-law Amendment, not to be lifted until such time as the owner has made satisfactory arrangements, including entering into appropriate agreement(s) with the City for the design and construction of any improvements to the municipal infrastructure and the provision of financial securities to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and General Manager, Transportation Services.

4. City Council authorize the City Solicitor and other City staff to take any necessary steps to implement City Council's decision.

On October 7, 2019, a Zoning By-law Amendment application was submitted to permit the development of a 35-storey residential building with 329 dwelling units at 4, 6, and 8  Beamish Drive ("Original Proposal"). The existing three one-storey buildings were proposed to be demolished. The proposal included 171 vehicle parking spaces in four levels of underground parking and 252 bicycle parking spaces. The total proposed gross floor area was 24,747 square metres, resulting in a floor space index of 13.6 times the area of the lot.

Subsequently, two resubmissions were made on October 19, 2021 and August 18, 2022. In the latest resubmission, 10 Beamish Drive has been incorporated into the development site and the application has been revised to propose a 52-storey mixed-use building with 520 dwelling units and 296 square metres of commercial space at grade ("Current Proposal"). A total of 203 parking spaces and 52 bicycle parking spaces are proposed. The total proposed gross floor area has increased to 37,889 square metres, resulting in a floor space index of 16.1 times the area of the new lot area. The summary of the changes from the Original Proposal to the Current Proposal is discussed under the Application section of this report.

On September 15, 2022, the applicant appealed the Zoning By-law Amendment application to the Ontario Land Tribunal ("OLT") due to Council not making a decision within the prescribed time frames set out in the Planning Act.

This report recommends that City Solicitor with the appropriate City staff attend the Ontario Land Tribunal hearing to oppose the application in its current form and to continue discussions with the applicant to resolve outstanding issues, if possible.