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 m² |
22,411 sq. ft. |
Existing Gross
Floor Area |
180 m² |
1,938 sq. ft. |
Existing
Coverage:
Paypoint
Building
Canopy
Total |
98 m²
94 m²
202 m² |
1,055 sq. ft.
1,012 sq. ft.
2,067 sq. ft. |
5%
4%
9% |
Paved Area |
1 478 m² |
15,910 sq. ft. |
71% |
Landscaped
Area |
420 m² |
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 m²
[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 m² (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