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

D.E. & V.I. Investments Limited (Shell Canada Limited)

475 Renforth Drive

 File No. Z-2258(Markland - Centennial)

Purpose:

 To consider a site specific proposal to amend the Zoning Code with respect to the property located at the southeast corner of Renforth Drive and Rathburn 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 inconjunction 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 D.E. & V.I. Investments Ltd. (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 southeast corner of Renforth Drive and Rathburn Road, and has been occupied by a service station since 1965. 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 long-term tenant of the existing service station, proposes to convert the existing three bay garage into 100 square metres (1,076 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 80 square metres (861 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 at the southeast corner of the property and nine parking spaces would be provided at the northeast corner of the property.

 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, east and south of the site are zoned Second Density Residential (R2) and are occupied by single detached homes. The Renforth Mall is located to the west and is zoned Planned Local Commercial (CPL). This mall contains 14 commercial stores including a food store, a bank, a restaurant and convenience stores (Exhibit No. 1).

    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. 12,821 and Committee of Adjustment Decision A-348/89, which limits permitted uses to a gasoline service station only 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 (99 metres [1,066 square feet]), offering an expanded range of convenience items and food sales, 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, identify garbage enclosures as a permitted accessory use and repeal By-law No. 12,821.

 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 Rathburn Road driveway radii must be increased and a freestanding, non-illuminated sign at the northeast corner of the property must be relocated to improve site lines (Exhibit No. 5).

 The Development Engineering Section of the Works Department has advised that the applicant is required to 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).

 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; impact on existing convenance stores; need for automotive services; possible noise and impact from ventilation/mechanical units; location of parking areas; inadequate customer parking; conflict with existing driveways; 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 m² (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 repeal of Zoning By-law No. 12,821.

 (ii)The maximum gross floor area associated with the service station shall not exceed 180 metres (1,927 square feet), of which not more than 100 metres (1,066 square feet) may be used for the retail of convenience items and food sales.

 (iii)Commercial kitchens and seating for the consumption of prepared foods shall be prohibited.

 (iv)Parking shall be provided at the rate of 4.5 parking spaces per 93 m² (1000 square feet) and shall include one handicapped space.

 (v)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