May 27, 1998
To:Chairman and Members, Etobicoke Community Council
From:Karen V. Bricker, MCIP, Commissioner of Urban Development, Etobicoke
Subject:Amendments to the Zoning Code
Shell Canada Limited)
320 Burnhamthorpe Road
File No. Z-2257(Markland - Centennial)
Purpose:
To consider a site specific proposal to amend the Zoning Code with respect to the property located at the southwest corner
of Burnhamthorpe Road and Martin Grove Road to permit the conversion of the existing service station garage bays to
accessory retail floor space to accommodate a convenience store and food sales in conjunction with an existing service
station operation.
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 the application by Shell Canada Limited be the subject of a Public Meeting to obtain the views of
interested parties and, if approved, that the conditions outlined in this report be fulfilled.
Background:
The subject site is located at the southwest corner of Burnhamthorpe Road and Martin Grove Road. The existing service
station was constructed in 1969. The current service station operation includes two self-serve pump islands and a service
building containing a gasoline pay point counter, offices, washrooms and three service bays for car maintenance and repair.
Proposal:
Shell Canada Limited, the owner of the existing service station, proposes to convert the existing three bay garage into 98
square metres (1,055 square feet) of accessory retail floor space to accommodate a pay- point counter and a convenience
store which would provide food sales by a third party tenant. The balance of the area, approximately 82 square metres (863
square feet) would be devoted to staff offices, washrooms, storage, utility and mechanical areas.
The proposal does not involve any change to the size of the building, the number of gasoline pumps or the size or location
of the existing canopy. However, the appearance of the property would be enhanced with new cladding to the building and
canopy areas, new signage and lighting. A new garbage enclosure would be located in the southwest corner of the property
and eight parking spaces would be provided along the south property line.
Exhibit No. 1 is a map showing the location of the subject property and surrounding zoning. Exhibits Nos. 2, 3 and 4 are
reductions of the site plan and elevations, respectively. A summary of the site data is listed in Table One.
The lands located to the north are zoned Neighbourhood Commercial (CN) and the lands located to the east are zoned
Limited Commercial (CL). These sites are occupied with retail stores including restaurants, convenience stores, a bank,
video store and cleaners. A newly constructed vacant building also stands at the southeast corner of the intersection. This
site has been the subject of a Zoning Amendment application and a Committee of Adjustment application both of which
requested restaurant uses. In both of these applications, staff note that restaurant uses were not granted.
Lands located to the south are zoned Second Density Residential (R2) and are occupied primarily by single detached
homes. The property immediately to the west is zoned Fourth Density Residential (R4) and is occupied by a duplex
dwelling (Exhibit No. 1).
Proposed
Details
Site Area |
2 082 m5 |
22,411 sq. ft. |
Existing Gross
Floor Area |
180 m5 |
1,938 sq. ft. |
Existing
Coverage:
Paypoint
Building
Canopy
Total |
98 m5
94 m5
202 m5 |
1,055 sq. ft.
1,012 sq. ft.
2,067 sq. ft. |
5%
4%
9% |
Paved Area |
1 478 m5 |
15,910 sq. ft. |
71% |
Landscaped
Area |
420 m5 |
4,521 sq. ft. |
20% |
Existing
Building
Heights:
Paypoint
Building
Gas Bar
Canopy |
5.0 m
5.3 m |
16 ft.
17 ft. |
Parking
Required
@ 3 spaces/93
m2 |
6 spaces
|
Parking
Provided
@ 4.0
spaces/93 m2 |
8 spaces
(including 1 handicapped) |
Parking
Surplus |
2 spaces |
Comments:
Official Plan:
The site is designated Low Density Residential in the Official Plan which permits existing service stations and local retail
facilities of a type, scale (not exceeding 1 000 m5 [10,764 square feet] of floor space and orientation related to the
surrounding neighbourhood. As the proposed gas bar and accessory retail uses would serve the surrounding residential
properties, as well as the travelling public, the proposed development conforms with the Official Plan.
Zoning Code:
The subject property is zoned Limited Commercial (CL), as amended by By-law No. 757 and Committee of Adjustment
Decision A-161/76, which provides for minimum distances between ramps, minimum lot frontages, and permits certain
setbacks for the existing canopy, respectively. In addition, the Supplementary Regulations for Service Stations, as outlined
in Section 320-21 of the Zoning Code, limits the sale of convenience products from service stations to pop, cigarettes,
chips, etc., with a maximum sale area of 20 square metres (215 square feet).
Therefore, in order to permit a larger accessory retail component (98 square metres [1,055 square feet]), offering an
expanded range of convenience items and food sales in conjunction with a service station operation, amendments to the
Zoning Code would be required. However, staff are concerned with the potential for more intensive impacts associated
with food preparation and sales involving the use of a full commercial kitchen which must include a grease and vapour
removal mechanical exhaust system. As such, staff recommend that the amending by-law permit a convenience store and
food sales in conjunction with and accessory to a service station operation, with a prohibition on commercial kitchens and
seating for the consumption of foods. The by-law should also specify a maximum size of 100 square metres (1,066 square
feet) for the retail floor space and identify garbage enclosures as a permitted accessory use.
Agency Comments:
The Health Department, Realty Services, Toronto Transit Commission and the Fire Department have expressed no concern
with the proposal. No comments have been received from Parks and Recreation Services and Toronto Police Services to
date.
The Transportation Section of the Works Department has advised that the proposed parking supply, driveway layout,
on-site circulation and location of the garbage containment enclosure are satisfactory. However, the Burnhamthorpe Road
driveway width must be increased to 9.0 metres and the curb radii must be increased (Exhibit No. 5).
The Development Engineering Section of the Works Department has advised that the applicant is required to extend the
sidewalk on Martin Grove Road through the existing driveways and provide a statement from a qualified environmental
consultant confirming that the soil and ground water conditions on the site are suitable for the intended change in use in the
building (Exhibit No. 6).
Toronto Hydro has no objection to the application subject to their standard conditions of approval (Exhibit No. 7).
In order to ensure sufficient screening, buffering and an upgrade to the very limited on-site landscaping, staff of the Urban
Development Department recommend that a landscape plan be submitted to the satisfaction of the Staff Advisory
Committee on Development Control prior to the passing of by-law, should the application be approved.
Community Meeting:
A community meeting was held on March 9, 1998, to allow area residents an opportunity to review the proposal. Concerns
expressed by area residents related to traffic; potential 24 hour operation; food sales and food preparation; gas odour
impact; impact on existing convenience stores; need for automotive services; possible noise impacts; location of parking
areas; inadequate customer parking; conflict with existing driveways; safety of school age children on Martin Grove Road;
need for additional screen fencing/planting; on-site safety and security; poor property management practices; and, declining
property values. The concerns related to planning matters have been discussed in this report, and will be further reviewed
during the Site Plan Control approval process.
Parkland Contribution:
As the existing building is less than 929 square metres (l0,000 square feet) in floor area, the two percent cash-in-lieu of
parkland contribution would not apply.
Conclusions:
The proposed gas bar and the accessory retail sale of convenience items and food would be in conformity with the relevant
Official Plan policies. The proposed uses are compatible with each other and surrounding land uses and could be
accommodated from a design and transportation perspective. However, food services/preparation should be limited to only
those items which do not require the use of a commercial kitchen in the preparation of the product. Given the size of the
proposal, no impact on surrounding retail operations is anticipated.
Conditions to Approval:
1.Fulfillment of the following conditions prior to the enactment of an amending by-law:
(i)Receipt of satisfactory comments from Toronto Police Services and Parks and Recreation Services.
(ii)Confirmation that the applicant has satisfied the requirements of the Works Department with respect to environmental
issues.
(iii)Submission of a landscape plan to the satisfaction of the Staff Advisory Committee on Development Control.
2.The amending by-law shall confirm the existing Limited Commercial (CL) zoning of the site and permit an accessory
paypoint\retail convenience operation with food services only in conjunction with a service station operation, subject to the
following provisions:
(i)The maximum gross floor area associated with the service station shall not exceed 180 square metres (1,927 square
feet), of which not more than 100 square metres (1,066 square feet) may be used for the retail of convenience items and
food sales.
(ii)Commercial kitchens and seating for the consumption of prepared foods shall be prohibited.
(iii)Parking shall be provided at the rate of 4.0 parking spaces per 93 m5 (1000 square feet) and shall include one
handicapped space.
(iv)Garbage enclosures shall be permitted as an accessory use.
(v)Development standards to reflect existing landscaped areas and building, garbage enclosure and canopy setbacks.
3.Further detailed consideration of the proposed development under the Site Plan Control provisions to include, inter alia,
the signing of a Site Control Agreement and payment of financial guarantees and applicable development charges.
Contact Name:
Paul Zuliani, Tel: (416)394-8230 Fax: (416)394-6063
Area Planner, Development and Design
Karen V. Bricker, MCIP
Commissioner of Urban Development