Zoning Amendment Application UDOZ-97-41 -
Costco Canada Limited - South Side of Wilson Avenue,
West of Allen Road - North York Spadina
The North York Community Council, after considering the deputations and based on the findings of fact,
conclusions and recommendations contained in the following Final Report (August 24, 1999) from the Director,
Community Planning, North District, and for the reasons that the proposal is an appropriate use of lands,
recommends:
(1)that the application submitted by Costco Canada Limited regarding Zoning Amendment Application
UD0Z-97-41 for the south side of Wilson Avenue, west of Allen Road, be approved, subject to the conditions
outlined in the referenced report;
(2)the adoption of the following Resolution from Councillor Moscoe, North York Spadina:
WHEREAS the Downsview Area Secondary Plan encourages the provision of small retail stores with direct
pedestrian access to Wilson Avenue;
WHEREAS the Downsview Area Transportation Master Plan developed a road network that protected theses
neighbourhoods from traffic infiltration;
WHEREAS the Toronto Transit Commission has requested a cash contribution of $500,000.00 for transit signal
priority on Wilson Avenue;
THEREFORE BE IT RESOLVED THAT:
I.Recommendation 1 of the Final Report of the Director of Community Planning be amended to add the following
new clause:
(vi)the minimum number of stores on the lot shall be eight;
II.Recommendation 2 of the Final Report be amended by deleting clause (d) and replacing it with the following
neighbourhood protection plan:
(d)(i)the applicant shall in co-operation with the city transportation staff provide a detailed traffic infiltration
study focusing on potential traffic infiltration generated by the developments in Block H through the
neighbourhoods bounded by:
(a)Wilson Avenue, Sheppard Avenue, Wilson Heights Boulevard and Bathurst Street; and
(b)Wilson Avenue, Dufferin Street, Northgate Drive and Whitley Avenue;
(ii)this traffic infiltration study shall commence forthwith and in the event that the Director of Community
Planning, North District and the Director of Transportation Services, District 3, deem traffic infiltration
attributable to the development to be unacceptable, mitigation measures shall in consultation with the local
councillor(s) be implemented by the city at the applicant's expense;
(iii)to accommodate neighbourhood protection, the development shall be phased so that 28,220 square metres are
constructed as phase l; and the traffic monitoring shall continue for one year after the phase 1 stores have been in
operation; and
(iv)building permits for the remaining gross floor area shall be issued only after the traffic infiltration studies
have indicated that local traffic infiltration attributable to the development have been adopted by the city in
consultation with the local councillor(s) at the expense of the applicant;
III.Recommendation 2(g) of the Final Report be amended by the addition of the following:
"shall be addressed in the following manner:
(i)the conditions required by the TTC in their letter dated August 20, 1999 shall be referred to an OMB mediator
and if necessary, adjudicated by the panel of the OMB seized with OPA 464 and the Block H rezoning; and
(ii)outstanding issues related to public transit shall be secured through a section 37 agreement through a process
involving the planning and TTC staff, the applicant and the local councillor(s);
IV.Recommendation 2 of the Final Report be amended by the addition of new clauses (h),(i), (j),(k)and (l) as
following:
"(h)the southerly extension of Transit Road shall be constructed to municipal standards and assumed by the city
when occupancy permits are issued for the Costco and Home Depot buildings or at such time as the Director,
Community Planning, North District and Director Transportation Services, District 3, so determines in consultation
with the parties and the local councillor(s);
(i)a cash contribution of $25,000.00 for the development of community arts facilities in association with the
Downsview Collegiate community arts program;
(j)the applicant shall undertake to advertise jobs associated with businesses located on parcels A and E through a
direct mail drop to all residences within the City of Toronto in an area within a radius of 5 km. of the site at least
four months prior to advertising job opportunities through any other external media;
(k)the public safety program required by the applicant include electronic video surveillance;
(l)as part of the Noise Impact Statement the external sound system shall be evaluated.";
V.Recommendation 5 of the Final Report be amended to read as the following:
"5.that the applicant be advised of the requirement to provide a parkland dedication in accordance with the city
policies or a cash payment in-lieu thereof to be applied to offset the parks deficiency within the vicinity of this
development.";
VI.staff be further directed to amend the draft bylaw attached as Appendix "A" of the Final Report to
accommodate those changes approved by council; and
VII.the report of the Director, Community Planning, North District, as amended, be adopted; and
(3)Recommendation 2(b) of the Final Report (August 24, 1999) from the Director, Community Planning, North
District, be amended to read:
"a cash contribution of $150,000.00 for Wilson Avenue streetscape, at least one-third (1/3) of which shall be spent
on Wilson Avenue East of the Allen Road."
The North York Community Council reports having held a statutory public meeting on September 14, 1999, with
appropriate notice of this meeting, in accordance with the Planning Act.
The North York Community Council submits the following report (August 24, 1999) from the Director, Community
Planning, North District:
Purpose:
The purpose of this report is to make final recommendations regarding zoning amendment application by Costco Canada
Limited, the applicant, for permission to construct five buildings ranging in size from 1,997.4 m2 to 12,737.7 m2 for two
retail warehouses (Costco and Home Depot) and three smaller retail buildings. A new public street, as required by the City,
is being provided along the southern edge of the property, linking Wilson Avenue and Dufferin Street. This application has
been appealed to the Ontario Municipal Board, to allow it to be considered on October 8, 1999, as part of the prehearing
conference on the Downsview Area Secondary Plan. This report also recommends the City Solicitor be authorized to bring
forwarded at the Ontario Municipal Board, a City Council's position on this application.
Recommendations:
(1)the City Solicitor seek approval of the Zoning By-law Amendment for Block H of the former CFB-Toronto lands at
the Ontario Municipal Board, substantially in accordance with the following:
(a)PERMITTED USES
None of the uses permitted in an MC zone apply, and only the following uses are
permitted:
General Retail Store
Gasoline Station accessory use to Retail Warehouse
Personal Service Shop
Retail Store
Retail Warehouse
Restaurant
Service Shop
Take-out Restaurant
Wholesale/retail Store
Gross Floor Area
The maximum total gross floor area shall be 33,048.7 m2 provided that:
(i)the number of retail warehouse buildings in the area of this exemption shall be limited to two and each shall be a
minimum gross floor area of 9,000 m2 of gross floor area;
(ii)the maximum gross floor area for a food retail store shall be 6038.5 m2;
(iii)the maximum gross floor area of apparel retail store shall be 2787.0 m2;
(iv)the maximum gross floor area of general retail store shall be 6038.5 m2; and
(v)the number of wholesale/retail stores in the area of this exemption shall be no greater than four and each with a
minimum gross floor area of 557.4 m2 and a maximum gross floor area of 929 m2;
Parking
(i)a minimum of 1 parking space per 20 m2 of gross floor area shall be provided in the area of this exception, of which 15
are disabled parking spaces;
Loading
(i)a minimum of 11 loading spaces shall be provided in the area of this exception;
Yard Setbacks
(i)a maximum setback from the property line abutting Wilson Avenue for all uses except a retail warehouse, shall be 1
metre;
(2)that prior to the issuance of the Ontario Municipal Board Order, the applicant /owner enter into an Agreement with the
City pursuant to Section 37 of the Planning Act, R.S.O. 1990, c.P.13 as amended, in a form satisfactory to the City
Solicitor and in consultation with the Director, Community Planning, North District, to secure the facilities, services and
matters noted below:
(a)the provision of 1 percent for public art;
(b)a cash contribution for Wilson Avenue Streetscape improvements;
(c)the provision of a construction staging plan;
(d)the provision of an agreement with the owner/applicant to ensure that the construction of Transit Road/Chesswood
northerly extension is front ended and fully funded prior to the construction of any major development east of the Dufferin
Street/Chesswood Drive axis, prior to the issuance on any building permits for these lands.
(e)the conditions of Transportation Services addressed in the memorandum dated August 20, 1999 (Schedule "F");
(f)the conditions of Technical Services addressed in the memorandum dated August 24, 1999 (schedule "G"); and
(g)the conditions of the Toronto Transit Commission in a letter dated August 20, 1999 (Schedule "O");
(3)that prior to the issuance of a building permit, the Director, Community Planning, North District, shall have granted
site plan approval which satisfactorily addresses the technical requirements of City Departments and commenting agencies
and the site plan objectives outlined in Appendix "B";
(4)any requirements that Ministry of Transportation's may have for building setbacks from the Highway 401
right-of-way and storm water management; and
(5)that the applicant be advised of the comments of Economic Development, Culture and Tourism with respect to the
requirement of a cash payment- in-lieu of parkland dedication.
Background:
In March 1997, North York City Council directed staff to commence preparation of a secondary plan for the former CFB
Toronto (Downsview) military base and nearby affected lands.
In September 1997, Costco Canada Limited, submitted an application for an Official Plan and Zoning By-law Amendment
for permission to construct two large retail warehouses one as a Costco and the other as a Home Depot, and three smaller
stores along the Wilson Avenue frontage. The total gross floor area of the five buildings was 34,838 m2 (375,000 ft2).
This proposal was presented at a community information meeting held on April 27, 1998.
North York Community Council at its meeting of June 3, 4 and 5, 1998, as part of the report "A Development Concept for
Downsview", recommended that staff bring forward a report on this application. It also recommended that staff provide
notice of the Statutory Public Meeting, in co-operation with Ward Councillors, but not before the Downsview Trust was
formed. Since that time, a Board of Directors has been named to Canada Lands Company (Downsview), and are directing
the redevelopment of the former base lands.
At its meeting of July 31, 1998, Council adopted the Downsview Area Secondary Plan (OPA 464, which creates new land
use and transportation policies for the former CFB Toronto (Downsview) lands and adjacent areas. The Secondary Plan
designates the subject site as Commercial Retail, which permits a range of retail and service commercial uses.
On June 15, 1999, the applicant submitted a revised site plan, similar in use and size to the original plan, but with a new
public street along the southern property edge linking Wilson Avenue and Dufferin Street.
Ontario Municipal Board Status
Prior to the June 7, 1999 OMB pre hearing conference on the appeals to the Downsview Area Secondary Plan (OPA 464)
Costco Canada Limited, appealed this rezoning application to the Ontario Municipal Board pursuant to Section 34(11) of
the Planning Act, in order to ensure the implementing by-law for this site may be considered by the OMB at the same time
as the Secondary Plan.
The Memorandum of Oral Decision and Order of the Board issued after the June 7, 1999, pre hearing conference
consolidated the zoning appeal filed by Costco Canada Limited with the OPA 464 proceedings, and will hear the zoning
appeal and Block H matters distinct from the balance of the hearing.
Council at its July 29, 1999 meeting adopted a resolution that requires the City Solicitor to advise the Ontario Municipal
Board that the Downsview Area Secondary Plan, and in particular, the transportation plan are an integral component in
consideration of Block H and that these matters must be considered in tandem.
The next OMB pre hearing conference on the appeals to the Secondary Plan is scheduled for October 8, 1999, with the
Hearing starting on November 16, 1999. Given Council's meeting schedule, the appeal period for a by-law, which Council
may pass for this site, cannot be completed prior to the October 8, 1999 pre hearing conference. Consequently, Council
should give direction on this application prior to the next pre hearing. The OMB will be making the final decisions on the
approval or refusal of this application. Planning staff is recommending approval of this application in accordance with the
conditions set out in Appendix "A". Should Council want this position supported at the OMB, it must direct the City
Solicitor and staff to attend the OMB hearing.
Council Directives
In its consideration of OPA 464 and earlier reports on this matter, Council adopted motions respecting the future
development of this site. Council directed that the landowner and applicant to:
(a)enhance the Wilson Avenue streetscape and provide smaller stores along the Wilson Avenue frontage;
(b)make a financial contribution for improvements and maintenance of Wilson Avenue;
(c)manage storm water on the parking areas; and
(d)provide a 1 percent public art contribution.
Council at its meeting of July 27, 28, 29, 1999, upon adopting a joint report from the Commissioner of Urban Planning and
Development Services and the Commissioner of Works and Emergency Services on modifications to OPA 464 and
amendments to the Downsview Area Transportation Master Plan, adopted the following resolutions.
(a)that Class Environmental Assessment (EA) for municipal roads projects in the Downsview Area Secondary Plan be
completed under the existing funding arrangements with Canada Lands Company, Downsview;
(b)that upon completion of the Class EA, the Commissioner of Works and Emergency Services commence design and
construction details for the Transit Road/Chesswood northerly extension as the first road project to implement the Class
EA; and
(c)the City Solicitor to be directed to identify and to negotiate all legal agreements with Canada Lands Company -
Downsview, that may be required to ensure that the construction of Transit Road/Chesswood northerly extension is front
ended and fully funded through these agreements prior to the construction of any major development east of the Dufferin
Street/Chesswood Drive axis.
Site Context:
The subject site is currently vacant and consists of 12.7 ha (31 acres) of land located on the south side of Wilson Avenue.
To the east of the site is the TTC commuter parking lot, and further east is Allen Road, to the south is the Macdonald
Cartier Freeway (Highway 401) and south of Highway 401 is the Yorkdale Mall. To the north are the de Havilland runway
and the TTC Wilson yard. To the west of the site, along Wilson Avenue are two boarded up industrial uses, with a
PetroCanada gas station at the corner of Wilson and Dufferin. Along Dufferin Street is a five storey commercial building,
further south the Denison Armoury, owned by the Federal government and just north of the 401 on-ramp is a vacant parcel
of land.
Proposal:
The applicant is seeking permission to construct five retail stores ranging in size from 1997.4 m2 (21,500 ft2) to 12,6737.7
m2 (137,112 ft2) (Schedule "E") on lands that form a part of the former CFB - Toronto (Downsview) military base. The
proposal consists of a total gross floor area of 33,048.7 m2 (355,744.8 ft2). The site is owned by the Federal government
and will be sold to the Costco Canada Limited, which will then sell a portion of the site to the developer of the Home
Depot store and the three smaller retail stores.
The three smaller stores will front onto Wilson Avenue and the larger stores will be located on the southern portion of the
site. The applicant is proposing approximately 1652 parking spaces on the site, of which 15 will be designated at disabled
parking spaces, and 11 loading spaces. A new public road linking Dufferin Street with Wilson Avenue and Transit Road
will also be constructed to the City's requirements, with the appropriate intersection improvements. This is discussed in the
Transportation Section below.
A statistical breakdown of the proposal is set out below.
|
Original Proposal September 15, 1997 |
Revised Proposal June 23, 1999 |
| Site Area |
12.7 ha (31.4 acres) |
12.7 ha (31.4 acres) |
| GROSS FLOOR AREA
Costco Warehouse
Home Depot
Other smaller Pads
Pad B
Pad C
Pad D
TOTAL GFA |
12,580 m2 (135,408 ft2 )
12,820 m2 (137,998 ft2 ) including garden centre
9,383 m2 (101,000 ft2 )
34,838 m2 (375,000 ft2) |
12,737.7 m2 (137,112 ft2)
11,764.1 m2 (126,632 ft2)
8,546.8 m2 (92,000 ft2)
2,833.5 m2 (30,500 ft2)
1,997.4 m2 (21,500 ft2)
3,716.0 m2 (40,000 ft2)
33,048.7 m2 (355,744.8 ft2) |
| DENSITY |
0.27 FSI |
0.26 FSI |
| PARKING |
Not indicated on plans |
1,652 spaces |
| LOADING |
Not indicated on plans |
11 spaces |
Planning Controls:
Official Plan Policies
This application proposes development on lands designated Commercial Retail (CR) in the Downsview Area Secondary
Plan (Schedule "C"), adopted by Council at its meeting on July 31, 1998. As a result, the applicant's request for a
site-specific Official Plan amendment is not required, however, the Downsview Area Secondary Plan has not been
approved by the Ontario Municipal Board, therefore the existing Official Plan designation for the site remains as
"Downsview Specific Development Area". (Schedule A)
The Commercial Retail (CR) designation permits a range of retail and service commercial uses such as retail stores,
restaurants and supermarkets, and up to two retail warehouses having a gross floor area greater than 9,000 m2 with a
maximum density of 0.5 FSI.
In conjunction with the Secondary Plan, Council approved the Downsview Area Transportation Master Plan. Urban Design
Guidelines were also adopted as an appendix to the Secondary Plan.
Zoning:
The site is currently zoned "Airport Hazard (A)" (Schedule "B") which permits uses associated with the Department of
National Defence. A site-specific by-law is required to delete the existing Airport Hazard (A) zone on the subject site and
apply appropriate development standards required by the Downsview Area Secondary Plan.
Comments from Civic Department and other reporting agencies:
Works and Emergency Services (Transportation) in the comments dated August 20, 1999, noted that there were no
objections to the proposal from a transportation perspective subject to the applicant complying with the conditions outlined
in his memorandum. (See Schedule "F")
Works and Emergency Services (Technical Services) noted the conditions required for approval of this project, with
respect to sanitary sewers, storm sewers, roadways, engineering reports, soil contamination and solid waste and recycle
collection. (See Schedule "G")
Economic Development, Culture and Tourism (Policy and Development Division) noted that the project is subject to a 2
percent cash-in-lieu of parkland dedication payment. (See Schedules "H" and "I")
Economic Development, Culture and Tourism (Economic Development) commented that it is important to recognize the
positive economic and community benefits that a project of this size will bring and this includes both positive employment
and tax assessment benefits as well as the local generation of retail expenditures. (See Schedule "J")
The Medical Officer of Health (Healthy Environments) commented that there are no objections to the application, provided
that the environmental reports are peer reviewed by an independent environmental consultant. (See Schedule "K")
Transport Canada noted issues with respect to the height limits not affecting the de Havilland runway. (See Schedule "L")
Toronto and Region Conservation Authority noted the need for a storm water management plan. (See Schedule "Q")
Rogers, CN and Enbridge Consumer Gas noted no objections. (See Schedules"M", "N" and "R")
The Toronto Transit Commission commented that the project will generate significant delays to TTC buses on Dufferin
and Wilson and to offset these services and cost impacts, requested a contribution of $500,000.00 toward transit signal
priority improvements. They also noted certain legal matters relating to the property conveyance and access easements.
(See Schedule "O")
DISCUSSION:
Planning Issues:
Use and Density:
The Downsview Area Secondary Plan (OPA 464) limits the FSI of the site to 0.5 and permits a range of retail and service
commercial uses, including retail stores, restaurants, supermarkets and complementary retail and service uses. It also
permits up to two retail warehouses having a gross floor area greater than 9,000 m2. The applicant is proposing a total FSI
of 0.26 (33,048.7 m2) for the two large retail warehouses and the three smaller retail and service uses. The applicant's
proposal conforms with the uses and density limits in the Downsview Area Secondary Plan.
Height:
As the site is located at the south end of de Havilland's runway, any buildings or structures on the site are limited to a
height ranging from 7.85 metres along the eastern portion of the Wilson Avenue frontage to 11.6 metres on the southern
portion of the site. (Schedule "E") This height limit will ensure the continued operation of de Havilland's airport, an
essential element of its operations. This height limit complies with criteria in Transport Canada publication TP 312E,
Aerodrome Standards and Recommended Practices.
Site Plan and Urban Design:
Following discussions with staff, the applicant has submitted a revised concept plan, which accomplishes the following:
(1)the smaller commercial buildings have been moved closer to the front lot line along the Wilson Avenue frontage to
reinforce and activate the street edge;
(2)the large format retail buildings have been relocated on the site, organized along a central spine to facilitate views and
access from one store to the other;
(3)a new public road linking Dufferin Avenue, Wilson Avenue and Transit Road has been provided, and the driveways
within the site have been aligned with the major access points on Wilson Avenue; and
(4)landscaped buffer zones of sufficient depth have been provided along surface parking lot along the Wilson Avenue
and Transit Road extension frontages.
That Ministry of Transportation requires buildings to be setback from the Highway 401 right-of-way. The applicant is
currently discussing with the Ministry the setback matter. Therefore, it is recommended that the comments from the
Ministry of Transportation be forwarded to North York Community Council prior to its meeting of September 14, 1999.
Site Plan Approval
This proposal has been reviewed within the context of the Downsview Urban Design Guidelines. As part of the site plan
approval process, the urban design objectives will be achieved and secured in the development through a Section 41
Agreement with the City.
Public Art Program
The Secondary Plan requires that the applicant provide one percent of the gross building construction costs for significant
public art in all developments exceeding 20,000 m2. Such contribution, its maintenance, the selection criteria and process is
to be reported on and finalized prior to the issuance of a building permit. Provisions for the public art contribution will be
secured through the Section 37 Agreement. (Appendix "A")
Wilson Avenue Streetscape Program
Council, at its July 29, 30 and 31, 1998 meeting, adopted motions that require developers within the Downsview Area
Secondary Plan area to provide cash contribution to the Wilson Avenue Streetscape program. In keeping with Council's
direction, the applicant is providing a contribution of $150,000.00 to the Wilson Avenue Streetscape program .The
contribution consists of $50,000.00 in year one, $40,000.00 in year two, $30,000.00 in year three, $20,000.00 in year four
and $10,000.00 in year five. These funds will be secured in the Section 37 Agreement and includes the provision of how
the funds will be used to improve Wilson. (Appendix "A")
Cash-in-lieu of Parkland Dedication
The Economic Development, Culture & Tourism (Parks and Recreation) Department has advised that this application is
subject to a 2 percent cash-in-lieu of parkland dedication, prior to the issuance of a building permit.
Staging of Construction
To ensure minimal impact on the surrounding neighbourhood and the de Havilland operations, the applicant has been
requested to provide a plan for the staging of construction and the routing of construction vehicles. Particular emphasis will
be on confining these vehicles to routes that will not impact on adjacent residential neighbourhoods and the height
limitations of the de Havilland runway. The Section 37 Agreement (Appendix "A") will require the applicant to provide a
plan to the satisfaction of City officials, prior to the issuance of a building permit. This construction staging plan will be
reviewed at time of site plan approval.
Transportation:
Class Environmental Assessment for Municipal Road Projects
The Downsview Area Transportation Master Plan (DATMP) satisfies Phases 1 and 2 of the Class Environmental
Assessment for Municipal Road Projects. Subsequent phases of the Class EA would proceed with development on the
Downsview Lands and the need as identified through the development approval process, for Schedule C road projects in
the DATMP. Council at its meeting of July 27, 1999 adopted a resolution directing staff to complete the Class EA for
municipal roads under the existing funding arrangements with Canada Lands Company.
The proposed development has been reviewed in the context of the Downsview Area Transportation Master Plan, Official
Plan Amendment 464 and Council's resolutions at its July 27, 1999 meeting. In addition, City transportation staff have
reviewed a supporting transportation report entitled Transportation Impact Assessment for Proposed Downsview New
Format Retail Centre (June1999), prepared by BA Transportation Consultants Group and a preliminary servicing report,
Downsview Lands Block H (August 1999) prepared by Marshall Macklin Monaghan Limited. Both reports are submitted
on behalf of Costco Canada Inc.
The need for a new public collector road connecting Dufferin Street through the site to Wilson Avenue at its current
signalized intersection with Transit Road, was identified as part of the City's comprehensive transportation review of the
proposed development and in the context of the road network established as part of the Downsview Area Transportation
Master Plan. Subsequent phases of the Class EA, addressing design for the new public collector road and transportation
improvements, are proceeding under the Class EA's definition of an "approved development plan" and concurrent with the
securing of these road works under Section 37 and Section 41 of the Planning Act. Design of the road is being refined as
part of the review associated with the processing of the subject application for zoning amendment and the accompanying
site plan approval. Details of the road's design, location and characteristics along with all other required transportation
improvements are contained in comments from Transportation Services. (Schedule "F")
Transportation Demand Management
Consistent with the Downsview Area Transportation Master Plan, the transportation consultant has identified opportunities
and detailed employment characteristics that support Transportation Demand Management (TDM) strategies. More
specifically these include encouraging transit usage by developing strong pedestrian linkages to connecting streets and
transit service, and reducing single occupant auto use with the introduction of a ride-sharing program administered by the
project tenants. Accordingly, the applicant will be required to submit a pedestrian circulation plan identifying linkages to
transit service and the location of bicycle storage facilities.
The applicant, through a monitoring program, which captures employee travel characteristics and patterns, will monitor the
effectiveness of the measures. Given the site's distance to the Wilson subway station and bus service, monitoring of the
development should also include patrons. All monitoring is to be at the applicant's expense and secured through a Section
37 agreement.
Traffic
The proposed development can be accommodated with the required road network modifications and improvements that are
consistent with the Downsview Area Transportation Master Plan and have been refined during review of this development.
All costs of acquisition and construction will be the responsibility of the applicant/landowner, and undertaken to the
satisfaction of the Commissioner of Works and Emergency Services. Key elements of the required improvements are
identified below and expanded upon in the Transportation Services memorandum dated August 20, 1999 (see Schedules
"D" and "F")
(a)new collector public road connecting Dufferin Street and Wilson Avenue at Transit Road;
(b)the realignment of Transit Road north of Wilson Avenue;
(c)Wilson Avenue widening to include side by side left turns with a centre median;
(d)new signal locations at Dufferin Street and the Transit Road extension, and at the new central access to the site at
Wilson Avenue;
(e)improvements at several intersections; and
(f)provide improvements/changes to the TTC park'n'ride facility including the relocation of the inbound bus access from
eastbound Wilson Avenue to Transit Road to the satisfaction of Works and Emergency Services and the Toronto Transit
Commission.
Parking
A parking standard of 1 spaces per 20 m2 is recommended for the proposed development and will be implemented through
the Zoning By-law. This requirement was derived from a review of the transportation consultant's report, and
supplemented with staff's review and analysis of supply and observed demand of similar developments in North York and
other municipalities.
Funding Agreement for Transit Road north of Wilson Avenue
As noted above, City Council adopted a motion that requested the City Solicitor to be directed to identify and to negotiate
all legal agreements with Canada Lands Company - Downsview, that may be required to ensure that the construction of
Transit Road/Chesswood northerly extension is front ended and fully funded through these agreements prior to the
construction of any major development east of the Dufferin Street/Chesswood Drive axis. The Section 37 Agreement will
secure the provision that the necessary agreements are secured prior to the issuance on any building permits for these lands.
Planned Commercial Function
The Official Plan permits commercial uses in a variety of locations throughout the former City of North York. The
commercial structure is noted below and focuses commercial development on the: City Centre, the sub-centres,
commercial areas and to a limited extent in industrial areas.
Commercial uses which are of a regional nature and which enhance the role and function of the downtown are encouraged
to locate within the City Centre. Retail Warehouses, although a regional draw, would not be compatible with the urban
design goals for the City Centre. The physical features of a retail warehouse surrounded by parking would not contribute to
the social amenity or visual attractiveness, which is encouraged within the City Centre.
Retail warehouses are also not encouraged within sub-centres, because of the regional nature of the use. Sub-centres are to
be community based and are intended to serve as a social and/or recreational focal point.
Within established commercial areas, this type of use could be accommodated, however, because of its physical
characteristics, it may displace other uses which are less land intensive, more pedestrian friendly and more suitable to
commercial locations.
Retail warehouses are most appropriately located within industrial areas or large vacant sites, where such uses can be
accommodated and are compatible with surrounding uses.
In determining the use policies for lands within the Downsview Area Secondary Plan, Council explored a number of land
use scenarios for this site, and in the end has created this specific designation to accommodate retail and service
commercial uses, including two retail warehouse operations as part of its planned commercial function within its Official
Plan.
Required Studies:
Preliminary Servicing Report
As the site is a large vacant parcel, the City has required the applicant to undertake a Preliminary Servicing Report. The
applicant retained the firm of Marshall Macklin Monaghan Limited to examine the new municipal roadway, the water
distribution system in the area, the existing local sanitary sewer, storm drainage and storm water management, and the
proposed grading of the site. The Commissioner of Works and Emergency Services has noted that the submitted servicing
and storm water reports indicates that improvements to exiting infrastructure are required in order to service the proposed
development and that storm water discharges from the site are subject to approval of the Ministry of Transportation.
However, specific details of the necessary improvements and their associated costs, have not been provided. Therefore, the
owner shall be required to retain the services of a Consulting Engineer to submit to this department, prior to the execution
of the Section 37 Agreement, a detailed Engineering report outlining the municipal works necessary for this development
including cost estimates and preliminary drawings for approval by the Commissioner of Works and Emergency Services.
The requirements for the report are detailed in the memorandum of Works and Emergency Services dated August 24, 1999.
(See Schedule "G")
Environmental Impact Statement
The applicant has submitted an Environmental Impact Statement prepared by Marshall Macklin Monaghan Limited, dated
July 1999, which concludes that the potential environmental impacts are assessed to be low, however, removal of localized
areas of fill material is recommended during development. A peer review of this report is required, along with a Record of
Site Condition, acknowledged by the Ministry of the Environment. This will be paid for by the applicant and secured
through the Section 37 Agreement. The City will select the consultant to undertake and complete the peer review, prior to
site plan approval. Works and Emergency Services noted that prior to the executing of the Section 37 Agreement, a Phase
II Peer Review report stating that there is no existing or potential for contamination migrating to existing or proposed City
owned lands and easements or lands to be conveyed to the City must be undertaken.
Lighting Study
As the site is at the south end of de'Havilland's runway and adjacent to Highway 401, the City requested the applicant to
undertake a lighting study. The applicant retained Marshall Macklin Monaghan Limited to prepare a lighting study for the
site both off-site and on-site conditions. Lighting for the new road, the parking lot, and street lighting along Wilson Avenue
will be secured in the Section 37 Agreement and reviewed at the time of site plan approval.
Archaeological Assessment
As required by the City, the applicant retained Archaeological Services Inc. to undertake a Stage 1 and 2 Archaeological
Assessment of the site. This assessment indicated that during the course of its survey of the site, no cultural material was
encountered and further recommended:
(a)the property may be considered free from archaeological concerns;
(b)in the event that deeply buried cultural archaeological remains are found on the property during construction activities,
the office of the Archaeology and Heritage Planning Unit, Ministry of Citizenship, Culture and Recreation (MCzCR)
should be notified immediately; and
(c)in the event that human remains are encountered during construction, the MCzCR and the Registrar or Deputy
Registrar of Cemeteries Regulation Units of the Ministry of Consumer and Commercial Relations should be contacted.
The recommendations of this report will be secured in the Section 37 Agreement.
Market Study:
The City requested the applicant to undertake a market impact analysis to evaluate the proposed retail development on
Block H, the established retail commercial facilities including Wilson Avenue and shopping centres in the local area. The
applicant retained Coopers & Lybrand, now known as PriceWaterhouseCoopers (PWC), to undertake the study. This study
concluded:
-"Because warehouse membership clubs sell far fewer items than supermarkets and do not carry the full range of food
and sundry products typically required by the average consumer or household, Study Area residents will continue to use
supermarkets, as well as speciality food stores, to fulfil their total food or grocery shopping needs. In fact, the proposed
retail warehouse at the subject site will complement the supermarket also proposed on the site.
-For the most part, the existing Home Improvement Related Stores (HIRS) in the Study Area tend to be specialized and
do not fulfil all of the home improvement needs of local residents. Although existing facilities may lose some business to
the proposed Home Depot, the existing HIRS facilities in the Study Area are seen as providing somewhat different
products and services, including neighbourhood convenience speciality products.
-Overall, the location, scale and form of the new development will not detract from the economic viability of existing
shopping districts in the area and, in fact will likely be complementary and compatible with the existing retail structure.
This includes the nearby Wilson Avenue which, based on inventory, has a local convenience function with a strong focus
on service facilities.
-Based on our inventory of Wilson Avenue, we can conclude that the proposed new format retail centre on the subject
site would not have any significant effects on establishments on Wilson Avenue. For the most part, the existing stores and
service facilities along this strip serve the local neighbourhood and as such differ functionally from the type of
development proposed on the subject site. Even if a store were to close on Wilson, there are alternative uses available. It
should be noted that the majority of stores on Wilson are less than 2,500 square feet in size, thus differentiating them from
the larger stores contemplated for the subject site. As such, the proposed new format retail centre on the subject site would
offer a different shopping experience and would not duplicate existing facilities in the local area."
Robin Dee and Associates were retained on behalf of the City to review the findings of PWC and further concluded that
given certain size limits on specific uses, the proposal would reduce the impact upon local businesses.
The recommendations contained within this report implement the finding of Robin Dee & Associates by establishing
permitted uses for this site and maximum and minimum gross floor areas for the retail, supermarkets and retail warehouse
stores. His comments are attached as Schedule "P".
Conclusions:
This report recommends approval, subject to conditions, of this application to build two large retail warehouses (Home
Depot and Costco) and three smaller retail stores on lands within the Downsview Area Secondary Plan (OPA 464). The
proposal is consistent with the land use and development policies of the Downsview Area Secondary Plan, adopted by City
Council on July 31, 1998 and the zoning provisions set out in Appendix "A", of this report address the planning and
transportation issues. Road infrastructure and intersection improvements, the provision of public art, construction staging
and contributions to Wilson Avenue streetscape improvements will be secured through Section 37 and Section 41
Agreements.
Copies of all the reports and studies are available for review in the Planning Department at North York Civic Centre,
during normal business hours.
Contact Name:
Paul Byrne, Senior Planner
North York Civic Centre
Telephone: (416) 395-7105
Fax: (416) 395-7155
APPENDIX "A"
DRAFT BY-LAW
Authority:
Report No. Clause No. , as enacted by Council on
Enacted by Council:
CITY OF TORONTO
BILL NO.
BY-LAW
to amend By-law 7625, as amended
WHEREAS authority is given to Council by Sections 34 and 37 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;
AND WHEREAS Amendment No. 464 of the Official Plan of the former City of North York contains provisions relating
to the authorization of increases in height and density of development;
AND WHEREAS pursuant to Section 37 of the Planning Act, R.S.O. 1990, c.P. 13, the Council of a Municipality may, in
a By-law passed under Section 34 of the Planning Act, R.S.O., c.P. 13, as amended, authorize increases in the height and
density of development otherwise permitted by the By-law that will be permitted in return for the provision of such
facilities, services and matters as are set out in the By-law;
AND WHEREAS sub section 37(3) of the Planning Act, R.S.O. 1990, c.P. 13, provides that, where an owner of land elects
to provide facilities, services or matters in return for an increase in the height and density of development , the
Municipality may require the owner to enter into one or more agreements with the Municipality dealing with the facilities,
services and matters;
AND WHEREAS the applicant/owners of the lands hereinafter referred to have elected to provide the facilities, services
and matters as hereinafter set forth;
AND WHEREAS the increase in the density of development permitted hereunder, beyond that otherwise permitted on the
aforesaid lands by By-law, as amended, is to be permitted in return for the provision of the facilities, services and matters
set out in this By-law, which are to be secured by one or more agreements between the owners of such lands and the City
of Toronto.
AND WHEREAS the City of Toronto has required the applicant/owners of the aforesaid lands to enter into one or more
agreements having been executed dealing with certain facilities, services and matters in return for the increase in density in
connection with the aforesaid lands as permitted by this By-law;
The Council of the City of Toronto HEREBY ENACTS as follows:
1.Schedules AB@, and AC@ of By-law No. 7625 are amended in accordance with Schedule 1 of this by-law.
2.64.33(93)MC(93)
DEFINITIONS
(a)For the purpose of this exemption the following definition will apply:
(i)"Retail Warehouse" means a commercial establishment, which has a principal use, the sale of merchandise to the
public in a warehouse format, where all areas are accessible to the public except for areas with accessory uses, and without
limiting the generality of this definition may include the sale of food, but is not a retail store for the purpose of this
exemption .
(ii)"General Retail Store" means the use of a building for the display and sale, rental or lease to the general public, for
merchandise such as, household furniture, general merchandise, books, toys, opticians, art supplies, liquor and pets, but
does not include a motor vehicle dealership, a car rental agency, or an adult entertainment parlour, and is not a retail
warehouse.
(iii)"Wholesale/retail Store" means the use of a building for the display and sale, rental or lease to the general public, for
uses such as plumbing, heating and air conditioning equipment, electric wiring supplies and electrical construction
equipment, office and store machinery, equipment and supplies and stationary and office supplies, but does not include a
motor vehicle dealership, a car rental agency, or an adult entertainment parlour, and is not a retail warehouse.
PERMITTED USES
(b)None of the uses permitted in an MC zone apply, and only the following uses permitted:
General Retail Store
Gasoline Station accessory use to Retail Warehouse
Personal Service Shop
Retail Store
Retail Warehouse
Restaurant
Service Shop
Take-out Restaurant
Wholesale/retail Store
EXCEPTION REGULATIONS
(c)Gross Floor Area
(i)A maximum of 5000 m2 of gross floor area, for all uses except for retail warehouse.
(ii)The gross floor area permitted for a retail warehouse shall be 0 m2.
(d)Building Height
The maximum heights of all building and structures shall be as shown on Schedule "E".
SECTION 37 AGREEMENT
(e)Facilities, services or matters which are to be provided pursuant to Section 37 of the Planning Act, R.S.O. 1990, c.P.
13, as amended in order to permit the increased density and height authorized under subsections ((f) to (j)) of this By-law
are:
(A)Municipal Services
Provision for, and timing of, all works, infrastructure and modifications to existing facilities and infrastructure, associated
with the roads and servicing needed for this proposal to proceed as identified by the Works and Emergency Services
(Transportation) in their memorandum dated August 20, 1999, and Works and Emergency Services (Technical Services) in
their memorandum dated August 24, 1999, be located, designed and constructed to the City=s satisfaction and conveyed to
the City free of any encumbrances and at no cost to the City. The applicant/landowner shall agree to provide or obtain all
easements necessary for the proposal.
(B)Transportation & Parking
The applicant shall be responsible for the following conditions with all property acquisition and construction costs to be
borne by the developer, at no cost to the City. All road designs will be to the satisfaction of the Commissioner of Works
and Emergency Services.
(1)The construction of the new Transit Road Extension through the site from Wilson Avenue to Dufferin Street dedicated
by by-law as a public highway and constructed to the satisfaction of the Commissioner of Works and Emergency Services.
(i)The road will have a right-of-way of 20 metres and a three-lane cross section;
(ii)At the Dufferin Street intersection, the right-of-way will be 23.5 metres to accommodate two eastbound through lanes,
a median, one westbound left-turn lane and one westbound shared left and right-turn lane;
(iii)At the Wilson Avenue intersection, the right-of-way will be 27.0 metres wide to accommodate two southbound
through lanes, a median, one northbound through lane, one northbound right-turn lane; and one northbound left-turn lane;
(iv)The daylight triangle shown as a proposed easement on the easterly bend in the Transit Road extension must be
dedicated as a public road; and
(v)Street name, regulatory and advisory signs, pavement markings, street lighting, the provision of sidewalks on the
public right-of-way are to be installed to City standards to the satisfaction of the Commissioner of Works and Emergency
Services with the cost being borne by the developer.
(2)The realignment of Transit Road north of Wilson Avenue as identified in the Downsview Area Transportation Master
Plan and the north leg of the existing Transit Road intersection with Wilson Avenue must have a 23.5 metre right-of-way.
(3)All modifications to Dufferin Street and Wilson Avenue are to be completed to City standards.
(4)A northbound right-turn lane is required to be constructed at the new Dufferin Street signalized intersection to City
standards.
(5)The new signalized intersection at Dufferin Street is to be constructed to City specifications, including Transit Priority
technology and the protection for a future southbound Advanced Green phase.
(6)The new signalized intersection at Wilson Avenue Street is to be constructed to City specifications, including Transit
Priority technology and a westbound Advanced Green phase.
(7)A southbound advanced green phased and associated hardware to operate during the PM Peak are to be installed at the
intersection of Wilson Avenue and Wilson Heights Boulevard to City specifications.
(8)The westerly Wilson Avenue service access must be a minimum 7.0 metres wide with a minimum 9.0 metres curb
radii.
(9)The westerly Wilson Avenue service access must be restricted to right-in/right-out movements only by extending the
existing centre median easterly across this access to City standards and must be clearly signed as being for service vehicles
only.
(10)The two-way accesses onto Transit Road extension must be a minimum 6.0 metres wide with 4.5 metre curb radii
unless accessed by loading trucks where the curb radii must be a minimum of 9.0 metres.
(11)The access to the TTC car park must be 12 metres wide with 4.5 metres curb radii.
(12)All accesses that are designated fire routes must be designed to City standards and provide access to emergency
vehicles, including minimum 6.0 metre pavement widths, minimum inside curb radii of 9.0 metres, and minimum outside
curb radii of 15.0 metres (at channelized intersections).
(13)All existing accesses to Wilson must be closed and restored to City standards.
(14)Street lighting along Wilson Avenue is to be installed to City standards.
(15)The proposed public roads are to include 1.5 metre wide concrete sidewalks on both sides.
(C)Transportation Demand Management Measures and Monitoring
(1)The provision of a plan indicating pedestrian linkages and bicycle storage facilities shall be submitted to the
satisfaction of the City.
(2)A plan detailing the implementation of a ride-share program for employees.
(3)The applicant shall retain a transportation consultant to report on the effectiveness of transportation demand
management measures implemented. The report is to be prepared, to the satisfaction of the City.
(D)Funding of Transit Road north of Wilson Avenue
The provision of an agreement with the owner/applicant to ensure that the construction of Transit Road/Chesswood
northerly extension is front ended and fully funded prior to the construction of any major development east of the Dufferin
Street/Chesswood Drive axis, prior to the issuance on any building permits for these lands.
(E)Engineering Costs
(1)The owner shall pay upon the execution of this agreement the estimated total cost of the works, including the costs for
design, tender, administration of construction and field supervision, as required by the City as outlined in the preliminary
Engineering Report approved by the Commissioner of Works and Emergency Services. The City may tender the said works
for construction after the development by-law becomes effective.
(2)Should the cost of the construction of the above mentioned works exceed the sum of the estimates, the owner will pay
the excess costs thereof to the City forthwith upon demand. Should the cost of construction of the said works be less than
the said estimates, the balance of the sum deposited will be returned to the owner forthwith upon completion of the said
works.
(3)The City shall undertake the design, and/or administration of construction, or may retain the services of a Consulting
Engineer for the design and/or administration of construction of the municipal works required by the City.
The owner is required to pay the following costs:
(a)the services of a Consulting Engineer to undertake the design and/or administration of construction of the required
works; and
(b)an Engineering Review Fee of 3 percent of the estimated construction cost of the required works if a Consulting
Engineer is retained for the design and/or administration of construction;
or
(c) 5.5 percent of the final construction costs if the City undertakes the design; and
(d)11 percent of the final construction costs if the City undertakes the administration of construction.
(F)Deeds and Surveys
(1)The owner shall be deposited with the City Solicitor deeds for these lands, in a satisfactory form, upon the execution
of this agreement, and shall be registered by the City prior to any amending by-law becoming in effect.
(2)The owner shall provide to the Works and Emergency Services, a cronoflex reference plan, as deposited in the registry
division of Toronto Boroughs and York South, showing as parts thereof all lands or easements to be conveyed to the City.
(3)The owner shall pay all registration costs and costs to prepare the reference plan(s).
(G)Storm Sewers
(1)The owner shall restrict post-development runoff to pre-development runoff rates for both minor (2 year) and major
(100 year) storms. The maximum allowable storm water discharge rate from the subject land into the City's intercepting
storm sewers shall be limited to the rate derived from a 20 percent runoff coefficient. Any excess is to be stored on-site.
(2)The owner's consulting engineer shall confirm to Works and Emergency Services that the storm water discharge rates
from this development which will be permitted by MTO to be discharged to the their storm sewer system for Highway 401.
The submitted storm water report and calculated on-site storm water detention volumes must be adjusted, as necessary, to
reflect MTO's permissible discharge rate.
(3)The owner shall ensure that existing drainage patterns on adjacent properties shall not be altered and storm water
runoff from the subject development shall not be directed to drain onto adjacent properties.
(4)The owner agrees that there may be runoff from rainstorms that exceeds the capacity of the City's storm service
connections. Therefore, the owner shall be responsible to provide flood protection or a safe overland flow route for the
proposed development without causing damage to the proposed and adjacent public and private properties.
(5)The owner shall install storm water pollution control devices, such as stormceptors or equivalent devices. Grass
swales, perforated pipes, infiltration/exfiltration and detention systems are recommended for storm water quality
management.
(6)The owner shall be advised that storm water detention tanks and/or super pipes will not be permitted within the
proposed Transit Road road allowance. All storm water runoff in excess of permitted discharge rates resulting from this
development must be stored on-site within the development blocks. The submitted Servicing and Storm water reports must
be revised accordingly.
(H)Sanitary Sewers
(1)The owner be advised that the Servicing report proposes a sanitary sewer on easement which extends through Parcel D
to the existing sanitary sewer on Wilson Ave to service Parcel A. In order to ensure sanitary servicing to Parcel A, it would
be necessary for this easement to be a City easement. Prior to this Works and Emergency Services considering this
servicing arrangement, the owner's consultant must investigate the possibility of a sanitary sewer located on the proposed
Transit Road road allowance to service Parcel A to the existing sanitary sewer on Dufferin St. and report back to this
Works and Emergency Services regarding capacity and elevation constraints and any necessary adjustments to the
proposed grade of the Transit Road extension.
(I)Service Connections
(1)The owner is required to make application to the Works and Emergency Services, Sewer and Water Section, after the
zoning amendment by-law is in effect and pay for the installation of City service connections from the property line to the
City mains. These shall include one water and one sanitary service connection for each building and any necessary storm
service connections. The owner is responsible to provide for the installation of the water, sanitary and any necessary storm
service connections from the building to the City services at the property line.
(J)Solid Waste and Recycling Collection
(1)the owner be advised that the City does not collect trade waste, which is defined as any solid waste originating from
any one or more industrial process or business, industry or commercial establishment. Therefore, the owner must arrange
for private waste collection.
(K)Public Art
(1)Provision for one percent of the gross building construction costs for public art on publicly-accessible or publicly
visible portions of the lands including abutting City-owned lands. Such contribution, its maintenance, the selection criteria
and process is to be report on and finalized prior to the issuance of a building permit.
(L) Required Studies
(1)Environmental Review
Provision for the payment of costs and the undertaking of a peer review of the environmental investigation report prepared
by Marshall Macklin Monaghan Limited dated July, 1999 by a qualified consultant chosen by the City. The peer review
shall be completed to the satisfaction of the City prior to site plan approval.
(2)Noise Impact Statement
Provision of a Noise Impact Statement, at the time of site plan approval, dealing with the assessment of on-site equipment
such as outdoor mechanical equipment to the Director, Community Planning, North District, for approval by the Medical
Officer of Health.
(3)Lighting Plan
The provision of a Lighting Plan for both street lighting and on-site lighting requirements, at the time of site plan approval,
to the Director, Community Planning, North District for approval by Works and Emergency Services (Technical Services)
(4)Construction Plan
Provision for a Construction Plan to be prepared prior to the issuance of a building permit and to the satisfaction of Works
and Emergency Services (Technical Services) that details the staging of construction and the routing of construction
vehicles.
(5)Archaeological Study
The applicant agrees to comply with the recommendations of the Stage 1 and 2 Archaeological Assessment of the site,
undertaken by Archaeological Service Inc. to the satisfaction of the City.
(M)Changes to TTC Parking Lot
The owner shall be responsible for all costs associated with the required changes to the TTC commuter parking lot, with
respect to revised access and land conveyances.
(N)Changes to Bus Access to Wilson Station
The owner shall be responsible for all TTC costs associated with signal timing changes, intersection and road
improvements, and the design and construction of the new bus roadway.
(O)Opening of the Facility
The applicant shall agree that the opening of this project shall not occur until all works and roads required for the project
and identified by the Works and Emergency Services have been constructed and conveyed to the City.
(P)Public Safety Program for Parking Areas
The Applicant shall agree to implement a public safety program, which includes the monitoring of operations of the
parking facilities and publicly accessible areas during all hours of operations.
(Q)Cash Contributions
(1)Provision for a cash contribution to the City for the Wilson Avenue Streetscape
Improvements projects of $150,000.00, prior to the issuance of a building permit, for the purposes of streetscape
improvements to Wilson Avenue;
(2)Provision for a cash contribution of $500,000.00, to the City for transit signal priority improvements as identified by
the TTC, along Wilson Avenue, prior to the issuance of a building permit.
(R)All of the above conditions must be met at no cost to the City.
PERMITTED USES AND EXCEPTIONS PURSUANT TO SECTION 37 AGREEMENT
(f)Despite the provisions of subsections (c) above and subject to the owners of the lands entering into one or more
agreements with the City pursuant to Section 37 of the Planning Act, R.S.O. 1990, as amended, in accordance with the
conditions of subsection (e) above, the following provisions apply.
EXCEPTION REGULATIONS
(g)Gross Floor Area
The maximum total gross floor area shall be 33,048.7 m2 provided that:
(i)the number of retail warehouse buildings in the area of this exemption shall be limited to two and each shall be a
minimum gross floor area of 9,000 m2 of gross floor area;
(ii)the maximum gross floor area for a food retail store shall be 6038.5 m2;
(iii)the maximum gross floor area of apparel retail store shall be 2787.0 m2;
(iv)the maximum gross floor area of general retail store shall be 6038.5 m2; and
(v)the number of wholesale/retail stores in the area of this exemption shall be no greater than four and each with a
minimum gross floor area of 557.4 m2 and a maximum gross floor area of 929 m2.
(h)Parking
(i)a minimum of 1 parking space per 20 m2 of gross floor area shall be provided in the area of this exception, of which 15
are disabled parking spaces.
(i)Loading
(i)a minimum of 11 loading spaces shall be provided in the area of this exception.
(j)Yard Setbacks
(i)a maximum setback from the property line abutting Wilson Avenue for all uses except a retail warehouse, shall be 1
metre.
DIVISION OF LAND
(k)all the provisions of this exception shall apply to the whole of the area of this exception as if no severance, partition or
division has occurred.
ENACTED AND PASSED this day of , A.D. 1999
________________________ ______________________
Mel Lastman,Novina Wong,
MayorCity Clerk
(A copy of the Schedules and Appendices referred to in the foregoing report is on file in the office of the City Clerk, North
York Civic Centre.)
The North York Community Council also reports having had before it the following communications:
(i)(September 14, 1999) from Mr. and Mrs. Donald Dodgson and Mr. Joseph Parozopio, expressing their opposition to
the proposed development;
(ii)(September 14, 1999) from Mr. Gerald Kroll, Q.C., Barrister and Solicitor, expressing his concerns with the proposed
development;
(iii)(September 9, 1999) from Mr. Steven A. Zakem, Aird & Berlis, Barristers and Solicitors, advising that his client is
prepared to withdraw its appeal of portions of Official Plan Amendment No. 464 upon the decision of Council with respect
to the CR designation on the Downsview lands; further if Council endorses a zoning by-law amendment substantially in
accordance with the recommendations set out in the planning report, his client would withdraw its appeal and would do so
prior to the next prehearing conference scheduled for October 8, 1999;
(iv)(September 1, 1999) from Mr. Julian Zuckerbrot, outlining his concerns with the proposed development;
(v)(September 1, 1999) from Mr. Zvi Richman, in support of the application;
(vi)(September 1, 1999) from Mr. Jay Lewis, in opposition to the proposed development;
(vii)(August 31, 1999) from Annette and Leslie Rosenthal, in opposition to the proposal;
(viii)(August 30, 1999) from Mr. Al Roffey, expressing his opposition to the proposed development; and
(ix)(August 24, 1999) from Mr. Stephen Kauffman, Director of Real Estate, The Home Depot, respecting the
development application and confirming that the applicant is committed to building the proposed store at this location and
the one proposed for the site located at 825 Caledonia Road since these stores would service separate Home Depot
customer markets.
A staff presentation was made by Mr. Paul Byrne, Senior Planner, Community Planning, North District.
The following persons appeared before the North York Community Council in connection with the foregoing matter:
-Ms. Rosyln Houser, Solicitor on behalf of the applicant, Costco Canada Limited, who commented on the merits of the
application. During her submission she indicated that the introduction of a new public road on this site would provide
outstanding accessibility. The site would be served by three new signalized entrances and five new accesses from the new
public road.
Ms. Houser further indicated that a market impact analysis to evaluate the proposed retail development on Block H, the
established retail commercial facilities including Wilson Avenue and shopping centres in the local area has been conducted
and that analysis has concluded that the proposed new format retail centre on the subject site would not have any
significant effects on establishments on Wilson Avenue. The existing stores and service facilities along this strip serve the
local neighbourhood and as such differ functionally from the type of development proposed.
Ms. Houser concluded by commenting on the benefits of the proposed development and stating the applicant concurred
generally with the recommendations outlined in the planning staff report but had some concerns with the request by the
Toronto Transit Commission for a cash contribution of $500,000.00 for transit signal priority on Wilson Avenue. The
notice of motion by Councillor Moscoe, which outlines a number of conditions, would alleviate and resolve their concern
insofar as this issue was concerned.
-Mr. Chris Middlebro, Transportation Consultant, on behalf of Costco Canada Limited, who commented on the
transportation aspects. During his submission, he indicated that the additional site generated traffic from the proposed
development can be accommodated with the required road improvements and in his opinion, would actually improve
traffic conditions at Dufferin Street and Wilson Avenue.
-Ms. Denise Altman, who expressed concern about the lack of information regarding this proposal. She also commented
on the traffic congestion in the area and was of the opinion that the proposed development would only aggravate the
situation further. In concluding she stated that there is no need for additional retail in the area and that the lands should
either remain as open space or be utilized to house the homeless.
-Mr. David Birnbaum, representing Friends of the Downsview Lands, who expressed concerns with the application. The
residents were of the opinion that the adjacent neighborhoods should be protected from the infiltration of traffic and that a
traffic impact study should be extended to include a wider area. He also suggested that the development be phased in after
which an evaluation of the impact on the surrounding neighbourhood can be conducted.
-Ms. Maxine Povering, who spoke in opposition to the application. Her primary concerns were with respect to traffic
infiltration into the surrounding neighbourhood and the negative impact of this development on small businesses in the
area. She concluded by stating that a further traffic study of Wilson Avenue is required in light of the existing traffic
congestion on that road.
Recorded Votes:
A recorded vote on a motion moved by Councillor Mammoliti, North York Humber, that Zoning Amendment Application
UDOZ-97-41 not be approved until such time as the Wilson Avenue Revitalization Study has been finalized, was as
follows:
FOR:Councillors Mammoliti, Augimeri
AGAINST:Councillors Li Preti, Moscoe, Flint, Gardner, Chong, Filion, Minnan-Wong, King
ABSENT:Councillors Sgro, Berger, Feldman, Shiner
Lost
A recorded vote on Recommendation (2) moved by Councillor Moscoe, North York Spadina, was as follows:
FOR:Councillors Li Preti, Moscoe, Flint, Gardner, Chong, Filion, Minnan-Wong
AGAINST:Councillors Mammoliti, Augimeri, King
ABSENT:Councillors Sgro, Berger, Feldman, Shiner
Carried
A recorded vote on Recommendation (3) moved by Councillor Flint, North York Centre South, was as follows:
FOR:Councillors Li Preti, Moscoe, Flint, Gardner, Chong, Filion, Minnan-Wong, King
AGAINST:Councillors Mammoliti, Augimeri
ABSENT:Councillors Sgro, Berger, Feldman, Shiner
Carried
A recorded vote on the recommendations, as amended, was as follows:
FOR:Councillors Li Preti, Moscoe, Flint, Gardner, Chong, Filion, Minnan-Wong,
AGAINST:Councillors Mammoliti, Augimeri, King
ABSENT:Councillors Sgro, Berger, Feldman, Shiner
Carried
