Development Site

The subject property is centrally located within the Bathurst Manor residential community at the northeast corner of the intersection of Wilmington Avenue and Overbrook Place, the main collector roads serving the area. Three buildings currently exist on the 2.31 hectare (5.72 acre) property: an 8,180 m2 (88,047 sq. ft.) commercial plaza with second storey offices, a 158 m2 (1,703 sq. ft) freestanding restaurant building, and a 788 m2 (8,484 sq. ft.) freestanding commercial building. A fourth building that was located immediately to the south of the freestanding commercial building was demolished in 2004.

Planning Context

Official Plan

The City’s Official Plan is the City’s vision for how the City should grow over the long-term. S. 24 of the Planning Act requires that By-laws and requests to amend Zoning By-laws conform to the City’s Official Plan.

A key implementation tool of the Official Plan are land use designations. The Official Plan designates the subject site Mixed Use Areas. Mixed use Areas are one of four land use designations intended to accommodate growth. The designation encourages a broad range of commercial, residential, institutional and open space uses to accommodate increases in population and jobs along transit lines and reduce automobile dependency.

Development criteria in Mixed Use Areas includes, but is not limited to:

  • requirements for buildings to be located and massed to provide a transition between areas of different development intensity; and
  • providing setbacks for, and stepping down of, building heights towards existing lower scale development.


The majority of the subject property is zoned Local Shopping Centre (C2) by former City of North York Zoning By-law 7625. A range of commercial uses including retail stores, personal services shops, business and professional offices as well as shopping centres are permitted within this zone. The southwest corner of the property has a site specific Local Shopping Centre C2 (8) zoning which also allows for a gasoline station and accessory uses including the servicing and mechanical repair of motor vehicles. In both the C2 and C2 (8) zones, residential uses are not permitted.