Amendments to the Etobicoke Official Plan and Zoning Code

Home Depot Canada, Kipling Avenue at Bethridge Road

File No. Z-2272

The Etobicoke Community Council, based on the findings of fact, conclusions and recommendations contained in the following report (October 14,1998) of the Director of Community Planning, West District, and for the reason that the proposal is an appropriate use of the lands, recommends that:

(1)the application by Home Depot Canada for amendments to the Industrial designation of the Etobicoke Official Plan and the Class 1 Industrial (I.C1) provisions of the ZoningCode to permit a Home Depot retail warehouse outlet in addition to the permitted industrial uses on a vacant site at Kipling Avenue and Bethridge Road, be approved; and

(2)the report of the Director of Community Planning, West District (October 14, 1998) be adopted, as amended by the inclusion of the following conditions 4(x), (xi) and (xii):

4.(x)That the applicant enter into a legal agreement with the City with respect to a public right-of-way eastward from Kipling Avenue over Part6 of the site;

(xi)Details of a proposed public art feature to be submitted to the satisfaction of the Public Art Advisory Committee, along with a suitable financial guarantee to ensure installation; and

(xii) Inclusion, at the site plan stage, of a provision for tree planting in the parking areas.

The Etobicoke Community Council reports having held a statutory public meeting on October14,1998, in accordance with Section 34 of the Planning Act, and that appropriate notice of this meeting was given in accordance with the Planning Act and the regulations thereunder:

The Etobicoke Community Council submits the following report (October 14, 1998) from the Director of Community Planning, West District:

Purpose:

To consider an application by Home Depot Canada to amend the Industrial designation of the OfficialPlan, and the Class 1 Industrial (I.C1) zoning of a vacant site at KiplingAvenue and BethridgeRoad, to permit a Home Depot retail warehouse outlet in addition to the permitted industrial uses.

Funding Sources, Financial Implications and Impact Statement:

City funding is not required. here are no impacts on capital or operating budgets.

Recommendation:

It is recommended that the application by Home Depot Canada for amendments to the Official Plan and Zoning Code be the subject of a Public Meeting to obtain the views of interested parties be held and, if approved, the conditions outlined in this report be fulfilled.

Background:

On June 27, 1998, Home Depot Canada applied for amendments to the Etobicoke Official Plan and Zoning Code to permit a home improvement warehouse retail facility in addition to the permitted industrial uses. At its meeting of July 29, 1998 City Council received a preliminary report on the application. (Exhibit Nos. 1 & 2)

Home Depot Canada has also applied for site plan control approval for this proposal.

Proposal:

Home Depot Canada is seeking to construct a home improvement warehouse retail facility, consisting of a 10 498 m² (113,000 sq.ft.) building and a 1 715 m² (18,460 sq.ft.) outdoor seasonal garden centre. The building is to be located on a vacant parcel fronting on Kipling Avenue immediately north of the CNR track and Highway 409. However, due to a significant grade differential between KiplingAvenue and that parcel, access is proposed from a second parcel fronting on KiplingAvenue, opposite BethridgeRoad. The driveway would then cross the adjacent Hydro corridor to connect with the building site. The proposed building will contain a retail area; a receiving area; administrative offices; a tool rental area; and a utility area. A Harvey's/Second Cup restaurant is to be included in the retail area.

The site is adjacent to industrial warehouse uses on the north and east sides, KiplingAvenue and industrial uses to the west, and the CN Rail tracks to the south.

Site Data

Official PlanIndustrial

ZoningClass 1 Industrial (I.C1)

Site Area (2 parcels) 4.975 ha.(12.25 ac.)

Gross Floor Area10 498 ha.(113,000 sq.ft.)

Coverage10 498 ha.(113,000 sq.ft.)21.2%

Landscape Area 9 836 m²(105,879 sq.ft.)19.8%

Paved Area29 236 m²(314,705 sq.ft.)58.9%

Parking Required @ 3/100 m²315 spaces

Parking provided545 spaces

Surplus230 spaces

Comments:

Official Plan:

The Etobicoke Official Plan designates the site Industrial. A home improvement warehouse retail facility is not a permitted use in the Industrial designation, therefore an amendment is required.

The Official Plan supports the retention of industrial lands for industrial uses and also accommodates the need for a more diverse range of business activities and employment generating uses in the City's industrial areas. This proposal meets the intent of the Plan by retaining the potential for industrial uses and introducing a new employment generating commercial use that is not likely to cause negative impacts on surrounding industrial uses, or, as determined through a Traffic Impact Study, on the area road network.

The Official Plan provides for the submission of a market impact evaluation of the potential impact of new retail uses over 69 677 m² (75,000 sq. ft.) on existing retail designations. A Market Feasibility and Impact Study, prepared by John Winter Associates Limited, submitted in support of this proposal, concludes that this development will not detrimentally impact the planned retail function within Etobicoke and will not cause adverse fiscal impact on the City of Toronto.

Zoning Code:

The Etobicoke Zoning Code zones the site Industrial Class 1 (I.C1), and the Hydro corridor, through which the access road crosses, is zoned Utilities (U), neither of these zoning categories permits a home improvement warehouse retail facility, therefore an amendment is required.

Agency Comments:

In response to the circulation of plans submitted in support of this application, no objections have been expressed. However, some agencies require certain matters to be addressed.

Ontario Hydro indicates agreement in principle to granting Home Depot a dedicated right-of-way across the Hydro corridor. The City will require Home Depot to enter an access easement and maintenance agreement with Ontario Hydro, to secure access in perpetuity from KiplingAvenue.

Canadian National Railways requests that Home Depot do an analysis of noise and vibration, identify adverse impacts, if any, and specify appropriate mitigation measures. Those measures should include a minimum 30 m setback from the CN property plus an earth berm. Any drainage changes affecting CN lands has to be approved by CN. CN also requests Home Depot to install a 1.83 m chain link fence along the property boundary.

The Works Department requires a peer review of submitted environmental information to establish that the site is acceptable for the use. Works also indicates that the area sewer system is theoretically at capacity and is being monitored to confirm if there is capacity for this development. Rezoning should be conditional on the results of that monitoring. A servicing agreement will be required and storm water quantity and quality requirements will apply to this site.

The Transportation Planning section of the Works Department accepts the conclusions of the traffic impact report that the proposal will not reduce the level of service on the area road network. At the applicant's cost, road and signalization modifications will be required at the KiplingAvenue/BethridgeRoad intersection to accommodate traffic to this development.

Most of the above-noted matters can be addressed through Site Plan Control approval, at the same time as other site design details are being reviewed.

Conclusions:

This proposal has been evaluated within the context of the Etobicoke Official Plan. It meets the intent of that Plan by adding an alternate employment generating use to this industrial site, while maintaining the potential for the continuation of industrial uses and without causing unacceptable impacts on surrounding industrial uses and other areas designated for retail uses.

Staff recommend proceeding to a public meeting to obtain the views of interested parties and, if the application is approved, the following conditions should apply.

Conditions to Approval:

1.Enactment of an Official Plan Amendment confirming the Industrial designation on the site with a Site Specific Policy to permit a home improvement warehouse retail facility.

2.Enactment of an amending by-law affirming the Industrial Class 1 (I.C1) zoning of the site and permitting a home improvement warehouse retail facility and an access road for that facility across the adjacent Utilities (U) zone.

3.Prior to the enactment of the amending by-law, the Works Department shall confirm that the peer review of the environmental information concludes that the site is appropriate for the proposed development and the sewer capacity monitoring shows that capacity exists for this development.

4.Further detailed consideration of the proposal under the Site Plan Control approval process to include the following:

(i)Submission of a detailed site plan addressing, among other matters, the issues raised by CN Rail.

(ii)Submission of a landscape plan indicating proposed plant material, fencing, lighting and street tree requirements to the satisfaction of the Urban Development Department and Parks and Recreation Services

(iii)Confirmation that the applicant has obtained the necessary agreement (s) with OntarioHydro.

(iv)Confirmation that the Transportation Planning section of the Works Department is satisfied with the site plan, access road design and arrangements for road and intersection improvements at Kipling Avenue and Bethridge Road.

(v)Provision of services, signing of agreements and posting of financial guarantees as required by the Works Department.

(vi)Address storm water management requirements related to both quality and quantity control to the satisfaction of the Works Department.

(vii)Address waste storage and handling, including recycling, to the satisfaction of the Works Department.

(viii)Payment of 2% cash-in lieu of parkland.

(ix)Provision of barrier free access.

Contact Name:

Ed Murphy

Area Planner, Development Division

Tel: (416) 394-8234, Fax: (416) 394-6063

(Copies of Exhibit Nos. 1-2 referred to in the foregoing report were forwarded to all Members of Council with the agenda of the Etobicoke Community Council meeting of October 14, 1998, and copies thereof are on file in the office of the City Clerk.)