Lands at the South-West Corner of Eglinton Avenue West

and Black Creek Drive - Official Plan and Zoning By-law Amendment

Application; Applicant: Rutledge Development Corp.

Ward 27, York Humber

The York Community Council recommends that:

(1)based on the findings of fact, conclusions and recommendations contained in the Supplementary report dated June 18, 1999, and the report dated June 3, 1999, from the Director, Community Planning, West District, and for the reason that the proposal is an appropriate use of lands, that the Official Plan and Zoning By-law Amendment Application submitted by Rutledge Development Corporation be approved, subject to the conditions outlined in the referenced report;

(2)notwithstanding Planning staff reports, that City Council maintain its current position of a GO Transit facility at Black Creek Drive and Eglinton Avenue West, on the prioritized list of proposed GO Stations in the City of Toronto; and

(3)the Toronto Transit Commission be requested to provide appropriate greening and maintenance of the lands at the north-west section of the site.

The York Community Council reports, for the information of Council, having:

(i)held a statutory public meeting on June 22, 1999, 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 regulations thereunder;

(ii)referred the request of the Rutledge Development Corporation that any surplus from the exchange of lands with City, be applied as a credit towards the 2% cash-in-lieu of parkland calculation and/or other municipal charges to ensure an equal value exchange, to the Administration Committee for consideration on July 13, 1999; and

(iii)requested the Director, Community Planning, West District, to consult with the Police at the Site Plan process stage, with a view to the Police undertaking a safety audit.

The York Community Council submits the following Supplementary Report (June 18, 1999) from the Director, Community Planning, West District:

Purpose:

To provide additional information for Council's consideration.

Funding Sources, Financial Implications and Impact Statement:

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

Recommendation:

It is recommended that:

(1)the Conditions to Approval attached to the Planning report of June 3, 1999, be replaced with the revised Conditions to Approval attached hereto;

(2)the draft by-law attached as Schedule 1 to the Planning report of June 3, 1999, be replaced with the draft by-law (Schedule 1) attached hereto; and

(3)the appropriate City officials be authorized and directed to take the appropriate action to give effect thereto.

Background:

Since the preparation of the Planning report dated June 3, 1999, comments have been received from the Works and Emergency Services Department and additional information has been provided from the City's Legal Division regarding the proposed draft by-law. These comments are discussed below.

Comment:

Works and Emergency Services Comment

A comment from Works and Emergency Services was received on June 18, 1999, (ExhibitNo.1). Works staff reviewed traffic and transportation matters, servicing (sanitary, watermain, storm) capacity, existing watermain easement requirements, storm drainage, environmental requirements, survey and mapping needs, and solid waste refuse collection requirements. Staff have not identified any objections to the approval of the Official Plan and Zoning By-law Amendment application. However, a number of requirements and conditions have been identified which must be fulfilled prior to the issuance of any building permit(s). These requirements have been incorporated within the Conditions of Approval attached to this report.

Draft Zoning By-law

Comments from the Legal Division, regarding the form and content of the draft by-law, have resulted in two minor changes. In Section 2, the first reference to Section 3.1.2 has been eliminated and in Section 2A(i) the words "floor space" have been replaced with gross floor area.

Comments from Works and Emergency Services (Exhibit No. 1) regarding parking have resulted in changes to the proposed parking requirement. Section 2A(iii) has been revised to read, "Parking for a supermarket shall be provided at a rate of 1 parking space per 20 m² of gross floor area.

Parking and loading for all other uses shall be provided in accordance with Section 3.2 of this By-law." In effect this would increase the parking requirement from the current 1 space per 28 m² of gross floor area which exists in the York Zoning By-law to 1 space per 20 m².

Planning staff have also revised Section 2 of the draft by-law to add restaurants (restaurant; licensed, restaurant; and, take-out eating establishments) as permitted uses in Block 'A'. This would permit a restaurant within the supermarket and within the proposed one-storey, future commercial building. Restaurant uses were requested by the applicant in the Zoning Amendment application and staff have no objection to the use, provided that parking is provided in accordance with the York Zoning By-law requirements.

Conclusion:

The recommendations contained in the Works and Emergency Services comment have been incorporated into the revised Conditions of Approval contained in this report. The proposed draft zoning by-law has been revised in accordance with comments received from Works and the City's Legal Division and is attached as Schedule 1.

Staff recommend that this report be received by Council for information and that the Conditions of Approval and the draft zoning by-law contained in the Planning report of June 3, 1999, be replaced with the revised Conditions of Approval and draft by-law attached to this report.

Conditions to Approval

1.The enactment of an Official Plan Amendment exempting the site from Site Specific Official Plan Policy Sections 21.8J(1b(i)) and 21.8M(2), in accordance with draft OPA No. 154 (Exhibit No. 13).

2.The enactment of an amending by-law to permit the retail development and transportation facility on City lands which generally shall be in accordance with the draft zoning by-law attached as a Schedule to this report and worded to the satisfaction of the City Solicitor.

3.Further detailed consideration of the proposal in conjunction with the Site Plan Control review and approval shall require the resolution of the following, among other matters:

(i)The payment of 2% cash-in-lieu of parkland, and any applicable development charges.

(ii)Signing of a Development Agreement and payment of the necessary fees associated with the preparation, execution and registration of same, if required.

(iii)Signing of a Site Control Agreement and dedication of any required road dedications.

(iv)The submission of a landscaping plan detailing curbing, walkways, grading, and plant materials to the satisfaction of the Urban Planning and Development Services Department and the posting of an appropriate financial guarantee to ensure compliance with the approved plans.

(v)Provision of a lighting plan to the satisfaction of the Urban Planning and Development Services Department.

(vi)Submission of a site plan detailing location and operation of loading dock operations to the satisfaction of Works and Emergency Services, the TTC and Urban Planning and Development Services. Shared access arrangements for driveway shall also be provided to the satisfaction of Works and Emergency Services, the TTC and Urban Planning ad Development Services.

(vii)Confirmation that the soil conditions on the development site comply with the criteria established by the Ministry of Environment and Energy for the commercial development of a site.

(viii)Provision of a plan detailing the location, height and content of the Safety Berm to the satisfaction of Canadian National Railways.

(ix)Confirmation that the Site Plan meets barrier-free design standards.

(x)The following requirements shall be provided to the satisfaction of Works and Emergency Services:

(a)Submit to, and have approved by, the Commissioner of Works and Emergency Services, prior to the issuance of a building permit for this project, functional designs of the proposed access driveways;

(b)Pay all costs associated with the construction of the access driveways and any related improvements on Eglinton Avenue West and Black Creek Drive;

(c)Pay all costs associated with the modifications to the traffic signals at the Eglinton Avenue West/Black Creek Drive intersection which are required to accommodate this development;

(d)Provide and maintain a minimum of 1 parking space for each 20 square metres GFA of retail space for this project;

(e)Provide a Municipal Servicing Report from a consulting engineering firm detailing the proposed servicing for this site including storm and sanitary drainage and water supply for the site and any external servicing requirements for the approval of the Commissioner of Works and Emergency Services;

(f)Provide Stormwater Management reports providing details of storm quantity and quality issues for the site requirements for the approval of the Commissioner of Works and Emergency Services;

(g)Provide drawings specifications and pay for the construction of the approved services;

(h)Submit for the approval of the Commissioner of Works and Emergency Services a Soils and Groundwater Remediation Report by a geotechnical consultant providing details for the condition of the site and any remediation measures required as per the current Ministry of the Environment guidelines for this proposed development. As well, the report shall comment on the presence or otherwise of methane gas and or sulphur dioxide.

(i)The owner is required to submit a Material Recovery and Waste Reduction Plan for each development site plan application.

(j)Apply for revised municipal numbering prior to obtaining building permits, the application for which must include a site plan showing the entrances to the proposed buildings and plans of survey for the development;

(k)Provide all necessary Reference Plans of survey in metric units and referenced to the Ontario Coordinate System for the various agreements and land exchanges or conveyances; and

(l)Provide final approved drawings of the development with sufficient horizontal and vertical dimensions of the exterior walls of the proposed buildings to enable the preparation of building envelope plans.

Contact Name:

Paul Zuliani, Area Planner

Community Planning, West District

Tel: (416) 394-8230Fa x: (416) 394-6063

Exhibit No. 1

(Communication dated June 15, 1999 from the Acting Manager,

Development Services, Districts 1 & 2, Works & Emergency Services

to the Manager, Community Planning West District)

I refer to the application by the Rutledge Development Corporation to, among other things, amend Section 16 (Subsection 336) of Zoning By-law No. 1-83 to permit a proposed supermarket on the lands bounded by Eglinton Avenue West, Black Creek Drive and the CNR/CPR rail corridor. The following is a consolidation of the comments received from the various sections of Works and Emergency Services.

A.SURVEY AND MAPPING REQUIREMENTS

The site is comprised of several properties some of which are owned by the Ontario Ministry of Transportation and the City of Toronto, Keelesdale Road (proposed to be closed) and may include portions of Photography Drive. These lands should be combined into one development site for the purposes of assessment and municipal numbering.

For the purposes of assessment Official Record municipal numbering, land exchanges or conveyances and the preparation of legal descriptions and building envelope plans, the applicant should be required to:

-apply for revised municipal numbering prior to obtaining building permits, the application for which must include a site plan showing the entrances to the proposed buildings and plans of survey for the development;

-provide all necessary Reference Plans of survey in metric units and referenced to the Ontario Coordinate System for the various agreements and land exchanges or conveyances; and

-Provide final approved drawings of the development with sufficient horizontal and vertical dimensions of the exterior walls of the proposed buildings to enable the preparation of building envelope plans.

Please be advised that the Reference Plans of survey and final approved drawings should be submitted at least three weeks prior to the introduction of Bills in Council.

B.TRANSPORTATION SERVICES

A traffic impact review of the proposed development, dated April 22, 1999, has been prepared by Marshall Macklin Monaghan Limited on behalf of the applicant to address the issues outlined in my April 12, 1999 memorandum. The consultant has assessed two development scenarios: one with a 7,430 square metre supermarket plus 150 high-rise apartment units, and the second with a 7,430square metre supermarket plus an additional 930 square metres of retail space to replace the apartment units. I note that the most recent preliminary site plan submitted for this project (dated April 15, 1999) shows only the all-retail scenario. My comments on this submission are as follows, although additional detailed comments will be provided upon the submission of a site plan application for this project.

1. SITE ACCESS

The provisions of the Zoning By-law prohibit direct vehicular access from Eglinton Avenue West or Black Creek Drive, other than access to a possible future Transit Gateway Facility, at any location other than at Street 'A' (the loop road identified in Schedule 'E' to Section 16 (Subsection 336) of the Zoning By-law). Site access for the proposed supermarket is proposed at the following 4locations:

-at 2 locations with full turning movements on Photography Drive;

-on Eglinton Avenue West at a right-in/right-out driveway approximately 145 metres west of Black Creek Drive; and

-on Black Creek Drive at a right-in/right-out driveway approximately 180 metres south of Eglinton Avenue West.

1.1Eglinton Avenue West Driveway

The proposed location of the right-in/right-out driveway on Eglinton Avenue West has been designed to accommodate the driveway for a future Transit Gateway Facility, which I understand, is acceptable to TTC staff. The consultant has also indicated that the location of the driveway satisfies the York City Centre Design Guidelines with respect to the protection of a future ring road to serve the development potential of this area.

The driveway, which may be signalized in the future in conjunction with the construction of the Transit Gateway Facility, would be located approximately 145 metres to the west of the EglintonAvenue West/Black Creek Drive intersection, which is considerably less than 200-metre spacing typically required between traffic signals on arterial roads. Recognizing, however, that the location is generally consistent with the location of Street 'A' referred to in the Zoning By-law, and maintains adequate left turn storage length and taper for the eastbound left turns from EglintonAvenue West to Black Creek Drive, it is acceptable in principle.

The proposed access driveway would be located on City lands that are proposed to be used, in the future, to accommodate the transit terminal. The applicant is advised that rights-of-way for the use of this private driveway must be secured from the City. The applicant is further advised that access to the parking and loading facilities provided for the supermarket may be temporarily disrupted during the construction of the transit terminal.

A functional plan of the proposed access driveway must be submitted in conjunction with the site plan application for this project in order to ensure that adequate sightlines are provided at this access location, particularly in light of the grades and elevations in this area. The functional plan must be submitted for review and be approved by this Department prior to the issuance of a building permit for this project.

1.2Black Creek Drive Driveway

The proposed right-in/right-out driveway on Black Creek Drive would be located approximately 180 metres south of Eglinton Avenue East. Due to the prevailing operating speeds and conditions on Black Creek Drive, a right turn lane with a 45-metre taper and 25-metre parallel lane, is proposed to accommodate right turning inbound vehicles. This is acceptable in principle.

A functional plan of the proposed right turn lane must be prepared by the applicant's consultant and submitted for review and approval by this Department. Given that the construction of the right turn lane constitutes a highway alteration under the provisions of the Municipal Act, with the requisite statutory public notification and public hearing, the functional plan should be submitted as soon as possible in order to ensure that the By-law authorizing this highway alteration is enacted prior to the issuance of the building permit for this project. The applicant is advised that failure to submit the required functional plan in a timely manner, which was required in Recommendation No. 1(b) of my April 12, 1999 memorandum, could potentially delay the issuance of the building permit.

2.TRAFFIC ASSESSMENT

The consultant has estimated that the traffic generated by the proposed development, for the 2scenarios, would be as follows:

The forecasted traffic volumes summarized above are greater than the traffic volumes which were estimated to be generated by the development previously approved for this site (375 inbound and 440 outbound vehicle trips during the p.m. peak hour). Consequently, the consultant was requested to assess the impact of the additional forecasted traffic volumes on the operations of the driveways and adjacent intersections in the area under future conditions. The consultant determined that the road network could accommodate the traffic generated by the proposed development, with the southbound right turn lane on Black Creek Drive described above, and with signal timing and phasing modifications at the Eglinton Avenue/Black Creek Drive intersection, comprising the introduction of a westbound left turn green arrow phase and signal optimization.

I have reviewed the traffic assessment and generally concur with the conclusions of the consultant. The owner is required to pay for all costs associated with the construction of the right turn lane and for the modifications to the traffic signal timing and phasing, including any signal hardware. These traffic signal modifications must be in place in conjunction with the opening of the supermarket.

3.CLOSING OF KEELESDALE ROAD AND PHOTOGRAPHY DRIVE

The Keelesdale Road allowance and portions of the Photography Drive road allowance must be stopped up and closed as public highway and conveyed to the applicant in order to facilitate this development. The assessment of the proposed closing and conveyancing of the subject portions of Keelesdale Road and Photography Drive is ongoing. A separate report will be submitted to York Community Council outlining the terms and conditions of the proposed closings. I note that the closings would be conditional on the approval of this rezoning application by City Council.

4.PARKING

I indicated in my previous memorandum that Zoning By-law No. 1-83 requires the provision of 1parking space for each 47 square metres of Gross Floor Area for retail uses on this site, whereas the applicant is proposing to amend the Zoning By-law to require 1 parking space for each 17 square metres of Gross Floor Area for this project. The proposed parking supply is consistent with the parking demand exhibited by other supermarkets in Toronto and is acceptable.

I note that the application of this parking requirement to the proposed development would require in the order of 500 parking spaces. The preliminary site plan shows the provision of 509 parking spaces. However, changes to the site plan may be required (for instance, to provide more landscaping or to modify the loading spaces as discussed further below), which could result in a reduction of the proposed parking supply to a total less than the proposed minimum of 1 parking space for each 17 square metres GFA. In order to provide some flexibility in the design, layout and number of parking spaces provided for this project (and to avoid the need for a parking variance application to the Committee of Adjustment), I would be prepared to accept, as a minimum, the provision of 1 parking space for each 20 square metres GFA of retail space. By comparison, the York Zoning By-law requires a minimum of 1 parking space for each 28 square metres GFA for groceterias, supermarkets and other similar uses.

5.LOADING

The preliminary site plan submitted by the applicant shows proposed loading facilities located along the northwest edge of the supermarket, opposite the proposed transit facility. The truck manoeuvres associated with these loading spaces could interfere with future bus movements and operations. Furthermore, access to these loading facilities would be disrupted during the construction of the transit facility. For these reasons, the applicant is requested, in the preparation of the site plan application for this project, to relocate the proposed loading facilities to address these concerns.

C.MUNICIPAL SERVICING

1.Previous Servicing Concepts

The servicing concepts for the previous zoning plan were based upon a proposal for a multiple block, mixed use commercial, residential and transportation development featuring underground parking facilities and a serviced municipal right of way through the site to allow each block to develop independently.

Major servicing issues with this development had included the need to relocate the existing 1050mm trunk water main off of the site to facilitate the underground parking structures and the Gateway development with the construction of the subway. There were also holds placed upon the development due to lack of sanitary capacity in the City's trunk facilities. In addition there was a requirement to provide the site a looped secondary source of water supply with the construction of a water main along the west side of Black Creek Drive from Eglinton Avenue West to Weston Road.

2.Proposed Development

The latest site plan proposes two development blocks consisting of a Gateway Transit site in the north west section of the site and a large retail commercial site on the remainder of the site with a large retail facility and a future secondary ancillary retail building. It is understood that the residential component of the plan has been eliminated from consideration.

The construction of the major retail facility is anticipated in advance of the Gateway facility and the ancillary retail building. No master servicing plans or reports have been submitted for review with this application. The developer is to provide a Municipal Servicing Report for the approval of the Commissioner of Works and Emergency Services detailing his proposed municipal servicing. My servicing comments for the site are generally oriented towards the retail outlet; however the development of the commercial site must accommodate the existing Gateway Block in its servicing design and not preclude the ability to service this block.

3.Municipal Servicing for the Proposed Development

3.1Sanitary Services

There is an existing 450mm sanitary sewer along the north side of Eglinton Avenue West. This sewer connects to the trunk sewer located on the east side of Black Creek Drive. Improvements have been facilitated to the City's sanitary trunk system such that the concern with respect to the allocation of sanitary trunk capacity for this site has been eliminated. It is also noted that the demands of the proposed development are of a reduced nature from what was previously anticipated. Therefore there is adequate sanitary servicing available for this development.

Each development block will provide its own connection to the sanitary sewer to be detailed on site servicing plans which are to be supplied for the site plan application.

3.2Water Mains

There is an existing 400mm water main adjacent to the site located on the north side of EglintonAvenue West which will provide the primary water supply for these development blocks. It is anticipated that the needs of the each development block will be satisfied with a connection to this main. If, for insurance purposes or additional fire protection requirements for the site, a looped system is required, a 300 mm water main is to be constructed along Black Creek Drive by the applicant to provide a second connection. The Fire Department is to address whether they anticipate the need for a water main on Photography Drive to provide protection for the west side of the building and parking lots.

3.3Existing Trunk Water Main

With the elimination of underground parking, it is anticipated that there will not be a need for the relocation of the existing 1050 trunk water main for the development of the commercial site. This would be subject to the developers applying for an Encroachment Permit from the City to review:

-site grading over the water main;

-site features such as signs, entry details and retaining walls over the easement;

-the preservation and adjustment of the grade of the existing valve chamber on this main in the site;

-the elimination of trees over the water main;

There is a need to verify that the easement for the water main is continuous across the site. The proponent will provide an easement in favour of the City over the portion of the former Keelesdale Road which is to be closed and transferred in the proposed land exchanges with the City.

Should there be a need in the future development of the Gateway Facility to relocate the trunk water main due to the construction of the subway, it is anticipated that there may be some revisions required to be made to the easement through the commercial site. Since the needs of any relocation are unknown at this time, the proponent must cooperate with the City to accommodate this relocation.

3.4Storm Drainage

There are existing storm sewers to service this site located on Eglinton Avenue West, BlackCreekDrive and Photography Drive.

Storm drainage for the development must satisfy the current Departmental requirements for storm quantity and quality issues. In general terms, the Development must release storm drainage at levels no greater than predevelopment levels and must provide first flush capture of the first 15mm of storm flow on site. The developer is to provide a Storm Water Management report for the approval of the Commissioner of Works and Emergency Services demonstrating the measures to be undertaken with this site. The report is also to address the staged development of the site and accommodation to receive drainage from existing undeveloped areas.

It is anticipated that this development will be affected by the proposed Development Charges and the requirements for stormwater management contained therein.

D.ENVIRONMENTAL REQUIREMENTS

There is record that this property was used as an existing landfill. The developer is to submit for the approval of the Commissioner of Works and Emergency Services a Soils and Groundwater Remediation Report by a geotechnical consultant providing details for the condition of the site and any remediation measures required as per the current Ministry of the Environment guidelines for this proposed development.

As well, the report shall comment on the presence or otherwise of methane gas and or sulphur dioxide on the formerly excavated portion of the site and provide details on all appropriate corrective measures as may be necessary.

E.SOLID WASTE

The owner is advised that the development blocks within this plan are to provide and maintain private refuse collection.

The owner is required to submit a Material Recovery and Waste Reduction Plan for each development site plan application. The owner is advised that staff of the Operations and Sanitation Division (Telephone No. 392-1040) will assist in the format and content requirements in the preparation of the plan.

F.RECOMMENDATIONS

(1)The owner be required to:

(a)Submit to, and have approved by, the Commissioner of Works and Emergency Services, prior to the issuance of a building permit for this project, functional designs of the proposed access driveways;

(b)Pay all costs associated with the construction of the access driveways and any related improvements on Eglinton Avenue West and Black Creek Drive;

(c)Pay all costs associated with the modifications to the traffic signals at the Eglinton Avenue West/Black Creek Drive intersection which are required to accommodate this development;

(d)Provide and maintain a minimum of 1 parking space for each 20 square metres GFA of retail space for this project;

(e)Provide a Municipal Servicing Report from a consulting engineering firm detailing the proposed servicing for this site including storm and sanitary drainage and water supply for the site and any external servicing requirements for the approval of the Commissioner of Works and Emergency Services;

(f)Provide Stormwater Management reports providing details of storm quantity and quality issues for the site requirements for the approval of the Commissioner of Works and Emergency Services;

(g)Provide drawings specifications and pay for the construction of the approved services;

(h)Submit for the approval of the Commissioner of Works and Emergency Services a Soils and Groundwater Remediation Report by a geotechnical consultant providing details for the condition of the site and any remediation measures required as per the current Ministry of the Environment guidelines for this proposed development. As well, the report shall comment on the presence or otherwise of methane gas and or sulphur dioxide.

(i)The owner is required to submit a Material Recovery and Waste Reduction Plan for each development site plan application.

(2)For the purposes of assessment Official Record municipal numbering, land exchanges or conveyances and the preparation of legal descriptions and building envelope plans, the applicant should be required to:

(a)apply for revised municipal numbering prior to obtaining building permits, the application for which must include a site plan showing the entrances to the proposed buildings and plans of survey for the development;

(b)provide all necessary Reference Plans of survey in metric units and referenced to the Ontario Coordinate System for the various agreements and land exchanges or conveyances; and

(c)Provide final approved drawings of the development with sufficient horizontal and vertical dimensions of the exterior walls of the proposed buildings to enable the preparation of building envelope plans.

Please be advised that the Reference Plans of survey and final approved drawings should be submitted at least three weeks prior to the introduction of Bills in Council.

(3)The owner be advised:

(a)That failure to submit the functional plans referred to in Recommendation No. 1(a) above in a timely manner, could delay the issuance of a building permit for this project;

(b)That the required modifications to the traffic signal timing and phasing referred to in Recommendation No. 1(b), must be in place in conjunction with the opening of the supermarket;

(c)Of the need to secure appropriate rights-of-way from the City for the use of the access driveway on Eglinton Avenue West, which is located on City property, and that this access driveway may be temporarily blocked during the construction of a future Transit Gateway Facility on this site;

(d)Of the need to modify the configuration of the loading spaces in conjunction with the site plan application for this project;

(e)Of the need to receive the approval of the Commissioner of Works and Emergency Services for any work to be carried out within the Eglinton Avenue West and BlackCreek Drive road allowances and to obtain the necessary permits;

(f)Of the need for an easement for the existing trunk water main over the closed portion of Keelesdale Road;

(g)That the development blocks within this plan are to provide and maintain private refuse collection.

(4)That the widening of the Black Creek Drive pavement for the purposes of constructing a southbound right turn lane at the access driveway, with a 25-metre parallel lane and a 45-metre taper, be endorsed for implementation coincident with the completion of the project; and

(5)That the Commissioner of Works and Emergency Services report to the Works Committee at the appropriate time on the construction of the right turn lane on Black Creek Drive together with any other related intersection improvements, and on any adjustments required to the parking and traffic regulations in the area as a result of these improvements.

Schedule 1: Draft Zoning By-law

(Attachment to Supplementary Report dated June 18, 1999

from the Director, Community Planning, West District,

which replaces the Draft By-law (Schedule 1) attached

to the Planning report dated June 3, 1999)

CITY OF TORONTO

BY-LAW NO.

TO AMEND former City of York By-law No. 1-83

(Re: Lands - Southwest Corner of Black Creek Drive and Eglinton Avenue West)

WHEREAS authority is given to Council by 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;

The Council of the City of Toronto HEREBY ENACTS as follows:

SECTION 6-AMENDED

1.That Section 6 of Zoning By-law 1-83, as amended, of the former City of York, be further amended by adding a new Subsection (62) as follows:

"(62)MAP 17

By changing the area shown on District Map 17, municipally known as Lands - Southwest Corner of Black Creek Drive and Eglinton Avenue West and more particularly described in Schedule "A" hereto, from a G District and a CCM-H District to a CCM District as shown on Schedule "B" hereto and by changing District Map 17 accordingly, provided that the use of the lands within the said area complies with the provisions of Section 16 (390) of this by-law."

SECTION 16 AMENDED

2.That Section 16 of Zoning By-law Number 1-83, as amended, of the former City of York, be and the same is hereby further amended by adding a new Subsection (390) as follows:

"(390) LANDS - SOUTHWEST CORNER OF BLACK CREEK DRIVE AND EGLINTON AVENUE WEST

Notwithstanding the provisions of Subsection 336 of Section 16 and any other provisions, of this Zoning By-law 1-83, except for the provisions of Section 3.1.2, the lands on the southwest corner of Black Creek Drive and Eglinton Avenue West which lands are more particularly described in Schedule "A" hereto and shown on the plan attached as Schedule "B" hereto, (hereinafter referred to as "the Lands") may also only be used for one or more of the following purposes:

-a retail store or stores; restaurant; restaurant, licensed; take-out eating establishment; and accessory buildings, uses and structures including associated parking, outdoor display and sales and outdoor eating areas on Block 'A',

-a Gateway Facility and accessory buildings, uses or structures on Block 'B';

subject to the following provisions:

A.In regard to any use or development on Block 'A':

(i)Maximum gross floor area shall be 9300m² (100,100sq. ft.) consisting of at least one supermarket with a maximum gross floor area of 8 500m² (91,500sq. ft.);

(ii)The minimum lot area shall be 2.75ha (6.8ac);

(iii)Parking for a supermarket shall be provided at a rate of 1 space per 20m² of gross floor area. Parking and loading for all other uses shall be provided in accordance with Section 3.2 of this By-law;

(iv)Minimum building setbacks shall be1.5m (4.9ft.) from the east limit of Photography Drive and any lot line which does not abut a street and 3.0 m (9.8 ft) from the south limit of Eglinton Avenue West and the west limit of Black Creek Drive.

(v)The building heights shall be restricted to one-storey exclusive of rooftop mounted structures, mechanical equipment and architectural elements. Mezzanines shall be permitted within permitted buildings.

(vi)Access to the lands shall be permitted from Eglinton Avenue West, Black Creek Drive and Photography Drive.

(vii)All parking spaces and driveways, except for access driveways leading to a public street, shall be located a minimum of 1.5 m from the Eglinton Avenue West and Black Creek Drive street lines.

(viii)All other provisions of this Zoning By-law 1-83 shall continue to apply except in the case where those provisions are in conflict with the provisions of this Subsection, in which case the provisions of this Subsection shall prevail.

B.In regard to any use or development on Block 'B':

(i)Minimum building setbacks shall be 1.5m (4.9ft.) from the east limit of Photography Drive and any lot line which does not abut a street and 3.0m (9.8 ft) from the south limit of Eglinton Avenue West;

(ii)For the purpose of this Subsection "Gateway Facility" means a transportation terminal which accommodates and facilitates passenger transfer between various modes of public and private transportation. It may include a GO Station and/or rapid transit station, with attendant facilities; commuter parking or pick-up/drop-off facilities; a bus terminal including facilities for bus turnaround and storage; and pedestrian connections between the various transportation facilities and between these facilities and adjacent development; and,

(iii)Access to the lands shall be permitted from Eglinton Avenue West and Photography Drive.

(iv)All other provisions of this Zoning By-law 1-83 shall continue to apply except in the case where those provisions are in conflict with the provisions of this Subsection, in which case the provisions of this Subsection shall prevail.

3.Subject to the provisions of Section 34 of the Planning Act, R.S.O. 1990 c.P.13 this By-law shall come into force and effect on the date of its passing.

ENACTED and PASSED this day of , 1999.

SCHEDULE "A" to BY-LAW No.

and to Section 6(62) and Section 16(390) of Zoning By-law No. 1-83

Lands in the southwest quadrant of the intersection of Eglinton Avenue West and Black Creek Drive bounded on the north by the south limit of Eglinton Avenue West, on the east by the west limit of Black Creek Drive, on the south by the south limit of Photography Drive, and on the west by the east limit of the Canadian Pacific Railway.

The York Community Council submits the following report (June 3, 1999) from the Director, Community Planning, West District:

Purpose:

To consider a site specific proposal for an amendment to the City of York Official Plan and to Zoning By-law 1-83, with respect to lands located on the south west corner of Eglinton Avenue West and Black Creek Drive. Rutledge Development Corporation has requested the amendments to permit the development of a retail project consisting of a supermarket and a future one-storey commercial building generating a total gross floor area of 9 300 m² (100,000 sq. ft.). The application is premised on the applicant assembling additional lands owned by the Ministry of Transportation and exchanging lands with the City to create the proposed development parcel.

Funding Sources, Financial Implications and Impact Statement:

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

Recommendation:

It is recommended that:

(1)the application submitted by Rutledge Development Corporation to amend the City of York Official Plan (Sections 21.8J(1b(i)) and 21.8M(2)) and Zoning By-law No. 1-83 (Section16(336)) to permit a retail development be approved, subject to the holding of a Public Meeting to obtain the views of interested parties and the conditions outlined in this report;

(2)prior to the enactment of an amending by-law, satisfactory comments from the Works and Emergency Services Department shall be received; and

(3)the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

Background

The subject lands are located within the York City Centre Plan area and are designated City Centre Mixed Use (Exhibit No. 1). Council for the former City of York adopted the York City Centre Plan (OPA 98) in 1989. The Plan encourages the development of a civic/corporate centre with a multi-dimensional, mixed-use character and a variety of high density uses established around a transportation gateway facility comprising a rapid transit line, Go station and bus terminal.

The subject lands were zoned City Centre Mixed Use with a holding provision (CCM-H) in 1993, in accordance with an application made by the former owners of the site, Dumez Real Estate North America Inc. (DRENA). The DRENA application contemplated a high density, high rise development containing two office buildings, high rise residential apartment development and retail development at grade, all centered around a transportation node. The site specific By-law [Section16(336)] which implemented the application as proposed allows for mixed use development containing a maximum of 7 500 m² of retail floor area, 850 residential units, 87 500 m² of office floor area and 11 613 m² of institutional floor area, all arranged in accordance with certain block configurations and specific development provisions. The type and amount of development permitted in the first phase is also specified. With the decline in the economy and the cancellation of the Eglinton Rapid Transit Line in the early 1990's, the DRENA application was never pursued and the site has remained vacant.

The current project is also premised on the applicant assembling additional lands owned by the Ministry of Transportation and exchanging lands with the City to create the development blocks shown in Exhibit No. 2. The proposed land exchange would provide the City with a 0.9 hectare (2.2ac.) parcel of land for a potential future transportation facility possibly containing a GO station, and facilities ancillary to the future York City Centre Subway station, including a bus terminal. On March2, 1999, Council adopted a report from the Commissioner of Corporate Services, authorizing staff to proceed with negotiations to formalize terms and conditions for the exchange of lands, subject to a future report back to Council, among other matters (Exhibit No. 3). Issues with regard to the land exchange, road closures and the creation and retention of an appropriate parcel of land for a future transportation facility will be addressed through the Corporate Services Committee, prior to Council.

Site Description and Surrounding Uses

The lands located at the southwest quadrant of Eglinton Avenue East and Black Creek Drive are vacant, relatively flat and slope down to the east towards Black Creek (Exhibit No. 1). The site is well treed around the perimeter, primarily on the public boulevard. In the past, the lands have been used as a quarry pit, a land fill site and construction storage yard.

Lands at the northeast and southeast quadrants of Eglinton Avenue and Black Creek are owned by the Province (Ministry of Transportation (MTO) and are primarily zoned Green Open Space (G) except for a small area zoned Prestige Employment Zone. These lands are currently being utilized as part of the valley land park system. The lands at the northwest corner of the intersection are primarily owned by Kodak, except for a small area owned by the City, and are zoned strategic industrial employment zone (SI) and Prestige Employment Zone (PE). Much of these lands are occupied by the Kodak manufacturing and office facility with the exception of a vacant area which runs along the west side of Black Creek Drive (Exhibit No. 1).

Proposal:

The applicant's first application which was received on January 28, 1999, consisted of a Zoning Amendment application for a mixed use project containing retail uses and residential uses (155 units). More recently the applicant has revised the application to remove the proposed residential component. In the revised application, the applicant is requesting amendments to the Official Plan and Zoning By-law to permit a 9 300 m² (100,000 sq. ft.) retail development. The retail project would contain a Loblaws supermarket with a gross floor area of approximately 8 500 m² (91,500sq.ft.) (Exhibit No 4). Such a store typically consists of approximately 7 500m² (81000sq.ft.) of grade related food and commercial floor space, and 1 000 m² (11,000 sq. ft.) of mezzanine floor space which could contain staff rooms, office space, meeting rooms/community rooms and non-food retail area. A new Loblaws store often provides the following kinds of commercial services: a photo lab, bakery, wine sales, restaurant, bank and banking machine, travel agency, book and video sales, laundry and dry cleaning depot. The proposal also includes a request for a future one-storey commercial building with a maximum size of 800m² (8,600sq. ft.) which could be located at the south end of the site abutting Photography Drive.

Based on the most recently revised site plan, dated May 24, 1999, the supermarket is proposed to be located at the rear edge of the site, parallel to Photography Drive, with the store front well setback from the Eglinton/Black Creek intersection. Loading and servicing functions are proposed at the north side of the building. The parking area would be located primarily to the front of the building facing Eglinton Avenue West and Black Creek Drive and would contain 458 parking spaces. Access to the site would be provided from four driveways; one off Black Creek, two off Photography Drive, and one off Eglinton Avenue West. It should be noted that the northerly driveway which provides access from both Eglinton Avenue West and Photography Drive, would be contained on City owned land.

Landscaping is proposed around the perimeter of the property, along the main internal driveways and within the parking area.

Exhibit No. 1 is a map showing the location of the subject property. Exhibit No. 2 is a reduction of the proposed Block Plan. Exhibit No. 4 is a photo-reduction of the applicant's site plan. An elevation of the proposed front façade of the supermarket is attached as Exhibit No. 5.

The following table is a summary of additional information that is relevant to the subject application and obtained from the above-noted site plan.

Official Plan

ExistingCity Centre Mixed Use

Zoning

Existing:City Centre Mixed Use (CCM-H) and Green Open Space (G) (Section 16 (336)

Requested:City Centre Mixed Use (CCM); with site specific amendments to permit the proposed retail development

Site Area

Retail Block A3.0 h7.5 AC

Transportation

Facility Block B0.9 ha2.1 ac

*Other1.0 ha2.5 ac

Total4.9 ha12.1 ac

Gross Floor Area

Supermarket7 500 m280,732 sq. ft.

Mezzanines1 000 m210,764 sq. ft.

Commercial Bldg. 800 m2 8,611 sq. ft.

Total9 300 m2 100,107 sq. ft.

Coverage 7 500 m² 80,732 sq. ft.25.0 %

Paved Area15 500 m²166,846 sq. ft.51.6 %

Landscaped Area 3 500 m² 37,675 sq. ft.11.7 %

Commercial

Development Area 3 500 m² 37,675 sq. ft.11.7%

Parking Required1/23 m²404 spaces

Parking Provided458 spaces

Surplus 54 spaces

* Other: includes Block C and public roads

Comment:

Official Plan

As previously mentioned, the site is located within the York City Centre Plan. As a result of the amalgamation of the six former Metropolitan municipalities, the status of individual civic centre plans will eventually require review in the context of the new City of Toronto. A new Official Plan has recently been initiated for the City and once in place, will provide a context for a longer term review of the role and function of City Centre Plans throughout the municipality. Notwithstanding this longer term planning context, it is staff's opinion that consideration of the proposed development would not preclude or prejudice future planning options for the area, nor would it undermine the ability of the remainder of the plan area to develop as a centre/ intermediate node, once the necessary development applications are submitted.

The site is designated City Centre Mixed Use which would permit a range of uses including office, ancillary or local retail, service commercial, all types of multiple residential buildings, institutional, public parking, and hotel and entertainment. The plan envisioned this quadrant to develop as a mixed use area with a variety of high density uses established around a transportation gateway facility comprising a rapid transit line, Go station and bus terminal.

Although the proposed development does not currently achieve the mixed use, high density objectives of the Plan, it is initiating development in an important vacant quadrant of the plan in a form which retains a consolidated parcel of land for more intensive redevelopment in the future. In the short term, the proposal serves to consolidate the ownership of the lands located at the southwest quadrant of Eglinton Avenue West and Black Creek Drive into three logical redevelopment blocks (Blocks A, B, and C). Block B would be retained under City's ownership and would provide lands for the future transportation gateway facility envisioned by the Plan. Block A would be retained by the applicant for the proposed retail development and would be available in the longer term for possible future intensification or redevelopment when market demands are such that higher order office/residential uses would be feasible to construct. Block C, which is located south of Photography Drive is owned by MTO and the City, and is not actively a part of this application as the future ownership of the lands is still to be determined.

Retail uses are permitted by the York City Centre Plan provided the maximum floor area does not exceed 10 000 m² (107,743 sq. ft.). However, section 21.8J(1b(I)) of the plan requires all phases of development to contain a mix of residential and non-residential uses. As the applicant's plan does not contain a mix of uses an amendment to the Plan would be required to permit only non-residential development. In addition, the Plan requires development to proceed by way of a draft plan of subdivision or condominium in section 21.8M(2). As the proposed development would not be providing any public roads or significant infrastructure to the area, there is no need to proceed on the basis of a plan of subdivision. As such, an amendment to this section of the plan would also be required.

Proposed Transportation Gateway Facility

The transportation gateway concept proposed by the applicant marks a significant departure from the concept developed in conjunction with the previous DRENA development proposal. DRENA's proposal included property protection for a subway station on the proposed Eglinton West Rapid Transit Line, the proposed Black Creek GO station, ancillary station facilities including a bus terminal and a passenger pick-up/drop-off facility, and provided opportunities to integrate some commuter parking within the proposed development.

While the applicant's proposal does not impact the location of either the proposed subway or GO rail stations, the proposed location of the food store requires the redesign of the bus terminal. TTC staff have reviewed the bus terminal design concept proposed by the applicant and have found it to be acceptable, provided that the terminal's access driveway at Eglinton Avenue, which would also provide access to the applicant's retail development, can be signalized to facilitate full turning movements to and from Eglinton Avenue (Exhibit No. 6). This driveway will be restricted to right-in/right-out movements until the bus terminal is constructed. Works and Emergency Services staff (Transportation Services Division) have advised us that this driveway can be signalized. We are awaiting their formal comments regarding this matter.

Property for a passenger pick-up/drop-off facility cannot be set aside without reducing the amount of proposed retail parking. It is the applicant's position, however, that any reduction in the amount of parking would bring the feasibility of the food store into question. The possibility of providing some parking in a structure to free-up land for transportation gateway facilities was considered, but the cost of such a structure would be prohibitive in the context of the relatively low density retail uses proposed. Similarly, there are no opportunities to protect property for future commuter parking for the proposed Black Creek GO station within the applicant's proposed development concept.

Consequently, the TTC has agreed to drop their previous requirement of property protection for the passenger pick-up/drop-off facility, given the uncertainty surrounding the status of the Eglinton West Rapid Transit Line, and the impact this requirement would have on the applicant's development concept. Other opportunities for locating this facility will be investigated in the event that construction of the Eglinton West Rapid Transit Line resumes.

It is also important to recognize that both the official plan and existing zoning bylaw permit a mix of land uses at much higher densities across the subject lands. Therefore, the proposed food store, and other potential retail uses, can be considered to be interim uses. In the event of a future application for a more intensive form of development, new opportunities for protecting property for passenger pick-up/drop-off facilities and commuter parking will be investigated.

The timing of the construction of the proposed Black Creek GO station is uncertain. This proposed station is classified as a "destination station", meaning that its primary purpose is to provide access to a significant development node; in this case the former York City Centre. It would also provide a strategic connection with the proposed Eglinton West Rapid Transit Line. Previous planning for the Black Creek GO station concluded that the vast majority of anticipated GO riders using the station would either be destined to future employment destinations in the immediate vicinity of the Black Creek GO station, or would transfer between the Georgetown GO line and the proposed Eglinton West Rapid Transit Line. Relatively low ridership was anticipated from the existing residential community in the vicinity of the proposed GO station.

In the absence of any significant concentration of employment in the immediate vicinity of the proposed GO station; the construction of the Eglinton West Rapid Transit Line and its associated direct connection with the Georgetown GO service; and, any significant opportunity to provide commuter parking on site, the relative priority of constructing the Black Creek GO station will be low in the short to medium term. However, the applicant's current proposal would not preclude the construction of the GO station in the long term, should significant intensification occur in the vicinity of the proposed station and/or construction of the Eglinton West Rapid Transit Line resume (Exhibit No. 7).

Zoning By-law

The site is zoned City Centre Mixed Use by a site specific section of Zoning By-law 1-83 (Section16(336), subject to a holding designation. This By-law was prepared to reflect the detailed development plans of the former DRENA application which was approved in 1992. The "H" symbol was to be removed from portions of development upon confirmation that certain conditions had been fulfilled. The By-law permits a wide variety of retail uses including a retail store which would include food stores. However, the by-law only permits a maximum retail floor area of 7 500 m² (80,732 sq. ft.). The applicant has requested a total retail floor area of 9 300 m² (100,000 sq. ft.).

Amendments to the existing by-law would also be required to permit the following: at grade parking; a retail development in the first phase which does not contain a residential component; development to proceed without a draft plan of subdivision; variations in the development Blocks contained in Schedules C, D and E; and, changes to the retail figures in Table One.

Staff recommend that the zoning of the site be amended through the introduction of second site specific by-law which would maintain the "as of right" zoning for the higher density, mixed uses envisioned by the York City Centre Plan, and allow for the interim development of Block A for retail uses and Block B for gateway transportation uses in accordance with proposed development. The by-law shall include specific development standards addressing permitted gross floor areas, building height, building and parking setbacks, landscaped areas, and parking requirements to reflect the proposal and the requirements contained in Zoning By-law 1-83.

Site Design Considerations

Traffic Circulation and Parking

The applicant submitted a transportation impact study on April 23, 1999. In recent discussions with Works and Emergency Services staff (Transportation Services Division) it is our understanding that there is sufficient road capacity available to accommodate the proposed retail development. The location of proposed driveways onto Black Creek Drive and Eglinton Avenue West are generally acceptable. Access to Black Creek Drive will be restricted to right-in/right-out turning movements only. The Eglinton Avenue access will also be restricted to right-in/right-out turning movements; however, in the event construction of the Eglinton West Rapid transit line resumes, including the proposed subway station and ancillary bus terminal on Block B, this driveway will provide access to both the proposed retail development and the subway station bus terminal, and will be signalised to permit full turning movements to/from Eglinton Avenue for buses entering/leaving the bus terminal. Details concerning the design of this potential future shared driveway must be to the satisfaction of Works and Emergency Services, Urban Planning and Development Services and the TTC.

Both parking supply and site circulation are generally acceptable. However, concerns have been expressed regarding possible future conflicts between the supermarket loading area on the north end of the site and bus access to the potential bus terminal on Block B. The final location of the supermarket loading facilities shall be to the satisfaction of Works and Emergency Services, Urban Planning and Development Services and the TTC.

In order to ensure that all details concerning transportation matters are to the satisfaction of the Transportation Services Division, staff recommend that formal comments be received from Works and Emergency Services prior to the adoption of any zoning by-law.

Urban Design

The applicant is proposing a retail plaza design with stores located at the rear of the property and large areas of parking to the front. This results in a vast area of parking being visible from the street and a poor pedestrian building relationship. Staff understand that the supermarket location is constrained by the location of an existing easement for a large watermain which runs along the Eglinton Avenue West frontage and possible driveway locations. However, improvements to the plan will need to be made through the introduction of additional built form and landscaping structures developed closer to the Eglinton/Black Creek street lines, and additional plantings within the parking area. As such, staff would recommend the site plan and landscape plan be revised to the satisfaction of the Urban Planning and Development Services Department prior to Site Plan Control Approval, should this application be approved.

Landscape/Parkland Dedication

Approximately 12% of the site, located predominantly along the street edges of the property and in front of the proposed supermarket would be provided as landscaped open space. However, adequate landscaped strips must be provided adjacent to the street lines to provide screening opportunities. Detailed consideration of the hard and soft landscaped strips will be required at the site plan approval stage prior to Site Plan Control approval.

Consideration should be given to breaking up the expanse of the parking lot through the introduction of pedestrian walkways and a well developed urban planting program.

Parks and Recreation Services have no concern with the application at this time, and have indicated that the parkland dedication requirement for this development is to be based on 2% and taken as cash-in-lieu of parkland dedication. Planning staff have also requested that consideration be given to a double row of street trees, planting on boulevard lands, convenient pedestrian connections, and landscaping within the parking areas.

Environmental Matters

The site was formerly used for industrial purposes and soil contamination may be an issue. The applicant has been advised that an investigation of the site should be undertaken by a qualified environmental consultant, and that a Record of Site Condition, which includes an affidavit of the consultant and Ministry of Environment and Energy acknowledgement of receipt of the record, must be received by the City prior to a building permit(s) being issued for the retail use of the site. The Record of Site Condition as it pertains to the part of the site that is under consideration for a land exchange with the City, shall be subject to a peer review to confirm that the lands to be conveyed to the City meet the current Ministry of Environment and Energy's "Guidelines for Use at Contaminated Sites in Ontario". This process is in accordance with the Interim Policy and Regulation Approach for Development Applications on Contaminated Sites, which was adopted by the former City of York Council on December 11, 1996.

As a condition of Site Plan Control approval and prior to the issuance of a Building Permit(s) for the proposed retail building(s), a Record of Site Condition (which has passed an applicable Ministry of Environment and Energy audit, if applicable) shall be submitted to the City indicating that the condition of the land, as set out in the Record, is consistent with, and suitable for, the use for which the building permit(s) has been requested.

Agency/Department Circulation

In response to the circulation of plans, the following agencies and departments had no objection or concerns with this application: Fire Department, Canada Post, Economic Development, Culture & Tourism (Parks, Policy and Development Section), and Toronto Hydro. Comments received from the following agencies and departments are attached as Exhibits.

Toronto Transit Commission (TTC)Exhibit No. 6

Go TransitExhibit No. 7

Ministry of TransportationExhibit No. 8

Canadian Pacific RailwayExhibit No. 9

Canadian National RailwayExhibit No. 10

Economic Development, Culture and TourismExhibit No. 11

Toronto and Region Conservation AuthorityExhibit No. 12

A consolidated comment from the Technical Services Division of Works and Emergency Services has not been received to date. In order to ensure that all development engineering matters are acceptable, staff would recommend that satisfactory comments be received from Works and Emergency Services prior to the adoption of any zoning by-law.

The Ministry of Transportation of Ontario (MTO) has indicated that they are currently negotiating the sale of their lands with the applicant (Exhibit No. 8).

Canadian Pacific Railways has not identified any concerns with the proposal provided standard conditions regarding fencing, drainage and utilities are imposed (Exhibit No. 9). Canadian National Railways (CNR) has indicated that residential development would need to meet their Principle Main Line Requirements (Exhibit No. 10). Non-residential development would require a minimum 30 m (98 ft.) setback and a 2.5 m (8 ft.) berm. The applicant has met with CNR and has been advised that they would comply with the setback requirement and that a 2.0 m (6.5 ft.) berm would be acceptable.

The Economic Development Department has indicated that they have discussed the proposal with the following Business Improvement Associations (BIA's), Keele-Eglinton BIA, Mount Dennis BIA, and Weston BIA (Exhibit No. 11). The BIA's support the development proposal and its potential contribution to the economic vitality of the area, although there is some concern with respect to the impact on existing business operations within the community.

The Toronto and Region Conservation Authority have no objection to the proposal. However, they would request a copy of the storm water management report at the site plan stage (Exhibit No. 12).

Community/Information Meetings

A community meeting was held on March 31, 1999. Approximately 18 residents attended. Residents did not oppose the project but had questions regarding traffic, building heights, landscaping, driveway locations, use and maintenance of future City owned Block B. Some concern was expressed regarding the impact of "Big Box Retailers" on mainstreet retail uses.

In addition to the community meeting, meetings were held with the York City Centre Advisory Committee on March 23, 1999, and on May 6, 1999. At the first meeting, the applicant presented plans for the mixed use project and the application was discussed. At the second meeting, the applicant presented revised plans for the retail project. After some discussion the Committee adopted the following resolution, "The York City Centre Advisory Committee recommends approval in principle of the site plan date April 15, 1999, as revised on May 6, 1999".

Conclusion

Although the retail proposal submitted by Rutledge Development Corporation does not contain the mix of uses and is less intensive than the development envisioned by the York City Centre Plan, the project does achieve some short term objectives of the Plan and does not preclude future intensification and redevelopment of the lands in the future. The project is generally in accordance with the uses and permitted in the Plan and the existing Zoning By-law, and would result in the utilization of lands which have been vacant for a number of years notwithstanding their as of right zoning which provides for intensive mixed use development. It would consolidate and assemble the lands into three logical development blocks and would provide the City with an assembled block of land for a future transportation facility as encouraged and supported by the York City Centre Plan. The retention of Block A as one large consolidated parcel under one ownership with only one to two buildings makes future intensification or redevelopment of the site more feasible.

The proposed retail use of the property is acceptable as a short to medium term use of the lands. Retail uses are permitted by both the existing Official Plan and zoning of the lands. The required amendments needed to both the York City Centre Plan and the existing zoning are reasonable and appropriate.

A detailed review of this application with respect to architectural design and landscaping as well as access, traffic and parking, will be finalized prior to Site Plan Control approval, should this application be approved.

Staff recommend approval of the application in principle, subject to the receipt of satisfactory comments from Works and Emergency Services. Should comments from Works and Emergency Services be received prior to the scheduled Public Meeting, staff shall prepare a supplementary report for consideration at the meeting. In the event of approval, the conditions outlined below should apply.

Conditions to Approval

1.The enactment of an Official Plan Amendment exempting the site from Site Specific Official Plan Policy Sections 21.8J(1b(i)) and 21.8M(2), in accordance with draft OPANo.154 (Exhibit No. 13).

2.Prior to the enactment of an amending by-law, satisfactory comments from the Works and Emergency Services Department shall be received.

3.The enactment of an amending by-law to permit the retail development and transportation facility on City lands which generally shall be in accordance with the draft zoning by-law attached as a Schedule to this report and worded to the satisfaction of the City Solicitor.

4.Further detailed consideration of the proposal in conjunction with the Site Plan Control review and approval shall require the resolution of the following, among other matters:

(i)The payment of 2% cash-in-lieu of parkland, and any applicable development charges.

(ii)Signing of a Development Agreement and payment of the necessary fees associated with the preparation, execution and registration of same, if required.

(iii)Signing of a Site Control Agreement and dedication of any required road dedications.

(iv)The submission of a landscaping plan detailing curbing, walkways, grading, and plant materials to the satisfaction of the Urban Planning and Development Services Department and the posting of an appropriate financial guarantee to ensure compliance with the approved plans.

(v)Provision of a lighting plan to the satisfaction of the Urban Planning and Development Services Department.

(vi)All matters with respect to road, driveway and intersection improvements shall be to the satisfaction of Works and Emergency Services.

(vii)Submission of a site plan detailing location and operation of loading dock operations to the satisfaction of Works and Emergency Services, the TTC and Urban Planning ad Development Services. Shared access arrangements for driveway shall also be provided to the satisfaction of the Works and Emergency Services, the TTC and Urban Planning and Development Services.

(viii)Confirmation that the soil conditions on the development site comply with the criteria established by the Ministry of Environment and Energy for the commercial development of a site.

(ix)Provision of a plan detailing the location, height and content of the Safety Berm to the satisfaction of Canadian National Railways.

(x)The submission of a site servicing report, storm water management report and waste management report to the satisfaction of the Works and Emergency Services Department.

(xi)Confirmation that the Site Plan meets barrier-free design standards.

Contact Name:

Paul Zuliani, Area Planner

Community Planning, West District

Tel: (416) 394-8230Fax: (416) 394-6063

Exhibit No. 3 - Clause No. 13 (in part), of Report No. 2

of the Corporate Services Committee, adopted by City Council on March 2, 1999

The Corporate Services Committee recommends the adoption of the report (February 4, 1999) from the Commissioner of Corporate Services, subject to:

(1)inserting the following additional Recommendation as Recommendation No. 3():

"(3)as part of the process, the Rutledge Development Corporation, together with appropriate staff and Ward Councillors, be requested to consult with the York City Centre Citizens Committee, the Mount Dennis Ratepayers, the Mount Dennis BIA, the Eglinton-Keele BIA, the Roseland Ratepayers and a representative of BrownvilleAvenue;"; and

(2)renumbering Recommendation No. (3) as Recommendation No. (4) accordingly, so that such recommendations now read as follows:

"It is recommended that:

(1)staff proceed, in consultation with Ward Councillors, with negotiations involving the Ministry of Transportation of Ontario and Rutledge Development Corporation with a view to formalizing terms and conditions for the exchange of lands in the York City Centre area, and report back in due course;

(2)notice of intent to declare surplus be issued and staff initiate the process to stop-up, close, and convey those portions of the public highways known as Keelesdale Road and Photography Drive, intended to be included in the proposed land exchange, in the south-west quadrant of Eglinton Avenue West and Black Creek Drive;

(3)as part of the process, the Rutledge Development Corporation together with appropriate staff and Ward Councillors, be requested to consult with the York City Centre Citizens Committee, the Mount Dennis Ratepayers, the Mount Dennis BIA, the Eglinton-Keele BIA, Roseland Ratepayers and a representative of Brownville Avenue;"; and

(4)the appropriate City officials be authorized and directed to take the necessary action to give effect thereto."

(Copies of Exhibit Nos. 6 to 12 and Schedule 1, Draft Zoning By-law, referred to in the foregoing report from the Director, Community Planning, West District, dated June 3, 1999, were forwarded to all members of Council with the Agenda of the York Community Council meeting of June22,1999 and copies thereof are on file in the Clerk's Division, York Civic Centre.)

Exhibit No. 13

DRAFT OFFICIAL PLAN AMENDMENT

PART ONE - PREAMBLE

1.1PURPOSE/LOCATION

Official Plan Amendment No. 154 applies to a 4.9 hectare (12 acre) parcel of land located on the south west corner of Eglinton Avenue West and Black Creek Drive.

The purpose of this amendment is to amend the Site Specific Development Policies of the Plan to also permit the construction of a retail development in the first phase with no residential component and to allow for such development to proceed without a draft plan of subdivision or condominium.

1.2.BASIS

On January 28, 1999, Rutledge Development Corporation submitted a Zoning Amendment application for a mixed use development consisting of retail and residential uses. The application was subsequently revised and the applicant submitted an Official Plan Amendment application on May 21, 1999, to permit a retail development in the first phase, with no residential component. In addition it was identified that the application would not need to proceed by way of a plan of subdivision or condominium.

The staff report of May 31, 1999 concluded that the required Official Plan and Zoning Amendments were supportable and that the resulting development retained the lands for higher order, mixed use development in the future.

Note:

As required under S.17(16) of the Planning Act (Bill 20), this constitutes a draft of the proposed amendment to be available prior to the Public Meeting being held. The completed amendment will be presented to Council for adoption following the approval of the application.

PART TWO - THE AMENDMENT

2.1INTRODUCTION

All of this part of the Amendment, consisting of the following text No. 154 to the York Official Plan for the York planning area. The Plan is hereby amended as follows:

2.2TEXT CHANGES

Development of the Lands affected by this Amendment will be consistent with applicable policies in the York City Centre Plan and with the following Site Specific Development Policy which is hereby added to Section 21.8 (O) of the York City Centre Plan.

21.8 (O) Notwithstanding Section 21.8J(1b(i)) and 21.8 M(2), the first phase of development on Sub-block CI shall not require a mix of residential and non-residential uses. Such development shall be permitted to proceed without the use of a draft plan of subdivision or condominium.

2.3IMPLEMENTATION

The policy established by this Amendment will be implemented through a site-specific amendment to Zoning By-law 1-83, Council's conditions to approval, and the signing and registered of the appropriate agreements.

INTERPRETATION

The provisions of the Official Plan as they may be amended from time to time with respect to the interpretation of the Plan shall apply with respect to this Amendment.

The York Community Council also submits the following communication (June 17, 1999) from Mr.H. Scott Rutledge, President, Rutledge Development Corporation:

We have reviewed the Planning report of June 3 regarding the above and wish to provide the following comments for your consideration. We will also be present at the public meeting on June 22, 1999 to answer any questions you may have regarding our project.

1.Land Exchange

The land exchange that is to occur between the City and ourselves currently indicates the City will receive more land than it will return to us. We would respectfully request that any surplus in this regard be applied as a credit towards the 2% cash-in-lieu of parkland calculation and/or other municipal charges to ensure an equal value exchange.

2.Zoning By-law

We would respectfully request the following revisions to the Zoning By-law:

(a)that all types of restaurant uses be permitted (this is consistent with the existing zoning);

(b)that drive-thru facilities be permitted (for example, at financial institutions or restaurants); and

(c)that provision A.i) be revised to read: "Maximum gross floor area shall be 9300m2 (100,100sq. ft.)

We trust these requests are reasonable and that the Official Plan and Zoning By-law Amendments can proceed to Council for approval on July 6.

Thank you for your assistance in bringing our project forward.

The York Community Council also submits the following communication (June 22, 1999) from Mr. Rick Pennycooke, President, Lakeshore Town Planning Consultants:

We are the land use planning consultants for Sobeys. Sobeys are the owners, operators, and/or suppliers or several stores within the Greater Toronto Area, including the IGA at the Westside Mall, the Price Chopper on Weston Road and Wilby Street, and the IGA at Dundas and Jane Street.

We have just recently been retained by Sobeys as they are concerned with the aforementioned Official Plan and Zoning By-law Amendments to develop the south-west quadrant of Eglinton Avenue West and Black Creek Drive with a large-scale supermarket.

Based on our initial review of planning staff's two reports dated June 3, 1999 and June 18, 1999, draft Official Plan Amendment No. 154, the draft Zoning By-law, and the municipal-wide planning documents, we would, respectfully, ask you to consider the following points:

1.The applicant's traffic study considered two development scenarios. One being a 7,430 m2 supermarket and 150 high-rise apartments. The second being a 7,430 m2 supermarket with another 930 m2 of retail. The Acting Manager of Development Service stated that the resulting traffic volumes were greater than the estimated volumes for a mixed-use proposal (which we understand consisted of retail, residential, office and institutional use) previously approved for the site. In light of the increased volumes already identified, the applicant should submit analysis that considers the 9, 300 m2 of retail space, which in fact the draft Zoning By-law before you would permit.

2.There are several sections within the Official Plan which highlight and stress the importance of this intersection as a focal point within the former Municipality of York (i.e. 4.43, 6.2, 21.8 J). As such, careful deliberation must be given for development that really amounts to changing the focus of the area from high order mixed-use to perdominately retail. Although staff have stated that the development represents a good interim use of the lands, once the development is complete, the property is even further constrained for higher order mixed use development.

3.Although staff are corrent when they state that the York City Centre Plan permits retail uses to a maximum of 10,000 m2, the Plan is clear that the 10,000 m2 is to be distributed throughout the entire "Central Sector" with the highes proportion allocated to the subject lands. Further, the Plan specifically states that retail uses should be ancillary and subordinate to the other uses contemplated for the area s per section 21.8 J 1 (b) iii. The subject proposal is not ancillary to any other use and is a very large single retail use. As such, a more comprehensive planning exercise should be undertaken.

4.Section 21.8 M of the Plan concerns the Implementation of the Plan's policies. This section states that various site-specific studies such as geotechnical and market impact analyses may be required by Council to assess various developments. In light of the potential, the subject proposal has to change the intent of the York City Centre policies with an expanded retail focus and no other uses, market analyses should be completed to support such a change. We also note that the various BIAs in the area had also expressed a similar concern. Such represents another reason for the need for market impact analysis in this instance.

We hope to provide you with a more detailed summary of our client's concerns, however, for the meantime, please accept this correspondence for consideration of our client's initial concerns.

Should you have any questions, please feel free to call me at (416) 364-5926.

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The following persons appeared before the York Community Council in connection with the foregoing matter:

-Mr. Scott Rutledge, Applicant - advising that he was pleased with the progress of discussions, the development, and the architectural quality of the building; is looking forward to opening for business in the Fall 2000; and that this is a major investment providing for 50 full-time and 250 part-time positions, in addition to the jobs for the construction industry.

-Mr. Karl Stankov, West Fairbank Ratepayers Association - indicated support for the proposal.

-Mr. Lorne Berg, Executive Director, Black Creek Business Area Association - stated that he was encouraged by the development and was looking forward to its completion; would like the TTC to improve their land; and suggested that 12 Divsion be requested to review and provide comments on the proposal.

-Mr. Clement Messer, The Lakeshore Group; and submitted a communication in regard thereto;

-Ms. Marjorie Sutton, Mt. Dennis Community Association and Chair of the Advisory Committee working with the developer; advised the Committee and the residents of Brownville Avenue would like to ensure that there are no future plans for residential development; interested in the proposed GO Station facility; and would like Council to approve this proposal.