May 14, 1998

 To:Toronto Community Council

From:Commissioner of Urban Planning and Development Services

Subject:Revised Site Plan Application No. 396100 and Application No. 096178 for Ravine approval, to permit a Gas Bar, Car Wash and Retail Store at 8 South Kingsway (High Park)

Purpose:

This report forwards staff comments on a revised site plan and ravine applications for a Petro-Canada gas bar, car wash and retail store, to replace an existing auto service station in the Humber Valley Ravine. The proposal has been sent back to the City by the Ontario Municipal Board for comments on the revisions. Unlike the previous proposal, which was not supported by City Council, this proposal is entirely on the Petro-Canada site.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendations:

Should Council support the revised project, the following recommendations should be adopted:

1.That City Council consent to Applications No. 396100 and No. 096178 respecting 8 South Kingsway to permit the construction of a gas bar, car wash, and retail store, to be built on stable tableland within the Humber Valley Ravine on the condition that the owner enter into a Ravine Control Agreement for 8 South Kingsway requiring:

(a)that the owner shall provide and maintain the landscaping on-site substantially in accordance with Preliminary Plot Plan, dated January 28, 1998 and Landscape Plan, dated February 11, 1998, and red lined by the applicant on May 14, 1998, both prepared by Petro-Canada, and date stamped as received on March 20, 1998, all as on file with the Commissioner of Urban Planning and Development Services;

(b)that the owner shall replace the one existing 43 cm elm tree to be removed from the site with 17 Freeman maple and 10 white spruce trees, and shrubs of serviceberry and snowberry; and

(c)that the owner shall reconnect and maintain the storm and sanitary sewer connections to the City=s sewer system to the satisfaction of the Commissioner of Works and Emergency Services and the Toronto and Region Conservation Authority.

2.That the City Solicitor be authorized to prepare the necessary agreement to implement Recommendation No. 1.

3.That City Council approve the plans and drawing submitted with this application for 8 South Kingsway, namely the Preliminary Plot Plan, dated January 28, 1998, Site Services Plan, dated March 2, 1998, Car Wash Floor Plan dated March 18, 1998, Retail Store Floor Plan (undated), Exterior Elevations, dated February 3, 1998, Roof Plan and Details, dated February 3, 1998 and Landscape Plan, dated February 11, 1998, and red lined by the applicant on May 14, 1998, all date stamped as received March 20, 1998, all prepared by Petro-Canada, all as on file with the Commissioner of Urban Planning and Development Services.

4.That, as a condition of City Council approval, the owner enter into an Undertaking, under Section 41 of the Planning Act requiring that:

(A)DEVELOP AND MAINTAIN IN ACCORDANCE WITH PLANS

(1)the proposed development, including all landscaping related thereto, shall be undertaken and maintained substantially in accordance with the drawings referred to above;

(B)LANDSCAPING

(2)the owner shall submit an application for improvements to the public boulevard generally as shown on the above referenced Landscape Plan, to the Commissioner of Works and Emergency Services and carry out the improvements within a reasonable period of time or, at the request of the Commissioner of Works and Emergency Services, make a cash contribution to the City equal to the value of the improvements for the Commissioner to undertake the improvements as part of a comprehensive program;

(C)PARKING

(3)the owner shall provide and maintain a minimum of 2 parking spaces on the site to serve the project;  (D)ACCESS

(4)the owner shall provide northerly access of 8.0 metres in width, and must provide 4.5 metre curb radii;

(5)the owner shall restrict the proposed southerly access to a one-way operations outbound only, with the appropriate signage provided to clearly identify the distinct traffic operation of this access, while the existing northbound left turn restriction for the access at this location will continue to apply;

(6)the owner shall provide and maintain the proposed southerly access of 5.0 metres in width for one-way traffic operations and must provide a 1.0 metre north curb radius and a 7.5 metre south curb radius;

(7)the owner shall provide and maintain signage at the southerly access to South Kingsway restricting operations to one-way outbound only;

(8)the owner shall ensure all existing curb cuts are closed and restored to Toronto standards;

(9)the owner shall ensure all the access work be at no cost to the City;

(E)TOP OF SLOPE STABILITY

(10)the owner shall design and build the development in accordance with the Slope Stability Analysis, prepared by Jacques Whitford Environment Limited, and approved by the Toronto and Region Conservation Authority;

(11)the owner shall submit a sediment and erosion control plan for the construction period for review and approval by the Toronto and Region Conservation Authority;

(F)STORMWATER MANAGEMENT

(12)the owner shall submit a stormwater management report for the review and approval of the Toronto and Region Conservation Authority and the City=s Community Services (Parks and Recreation);

(13)the owner shall submit a grading plan showing a stormceptor, for the approval of the Commissioner of Works and Emergency Services and the Toronto and Region Conservation Authority, prior to the issuance of a building permit and the owner shall maintain the site as per the approved plan.   (G)HERITAGE ISSUES

(14)the owner shall ensure all excavation work related to the caissons are monitored, on a full time basis, by a licensed archaeologist for the duration of earth-moving activities;

(15)the owner shall ensure that the contractor protect any significant archaeological resources requiring mitigative documentation/excavation, identified during the course of the monitoring, from further disturbance until such time that a crew of experienced archaeologists can complete such work;

(16)the owner shall ensure an archaeologist is present on site during any grading or excavation to evaluate any potential impacts on the archaeological/cultural resources;

(17)the owner shall erect at his expense, a historic plaque and illustrated information board on proposed park lands on the table land trail at the rear of the site, to commemorate AThe Toronto Carrying Place Trail@ and the ARousseau Trading Post@, to the satisfaction of the Toronto and Region Conservation Authority in consultation with Heritage Toronto and the Commissioner of Urban Planning and Development Services;

(H)STUDIES REQUIRED BY CIVIC OFFICIALS

(18)the owner shall submit to, and have approved by, the Commissioner of Works and Emergency Services, prior to the issuance of a building permit, a Material Recovery and Waste Reduction Plan addressing strategies for material recovery and waste reduction within the development;

(19)the owner shall provide, maintain and operate the material recovery and waste reduction measures, facilities and strategies stipulated in the Material Recovery and Waste Reduction Plan approved by the Commissioner of Works and Emergency Services;

(20)the owner shall immediately conduct a detailed historical review of the site to identify all existing and past land uses which could result in negative environmental effects to the subject site. This report should be submitted for review by the Medical Officer of Health, prior to the issuance of a building permit;

(21)the owner shall conduct a site and building audit for the identification of all hazardous materials on site and/or in the existing buildings. The removal of these materials should be conducted in accordance with Ministry of Labour and Ministry of Environment and Energy Guidelines. A report on the site and building audit should be submitted for review by the Medical Officer of Health, prior to the issuance of a building permit;

(22)(i)the owner shall conduct a soil and groundwater testing program and produce a soil and groundwater management plan which characterizes soil conditions and proposes remediation options, to be submitted for approval by the Medical Officer of Health, prior to the issuance of a building permit;

(ii)the owner shall implement, under the supervision of an on-site qualified environmental consultant, the soil and groundwater management plan as stipulated in the report approved by the Medical Officer of Health, and upon completion submit a report from the on-site consultant, to the Medical Officer of Health, certifying that the remediation has been completed in accordance with the soil and groundwater management plan;

(23)(i)the owner shall prepare a Dust Control Plan and submit this plan to the Commissioner of Urban Planning and Development Services for the approval of the Medical Officer of Health, prior to the issuance of any permit; and

(ii)the owner shall implement the measures in the Dust Control Plan approved by the Medical Officer of Health.

5.That the owner be advised:

(a)of the need for the approval by the Toronto and Region Conservation Authority prior to the issuance of a building permit;

(b)of the comments of the Chief Building Official respecting the Ontario Building Code;

(c)of the need to receive approval from the Ontario Municipal Board of the variances as listed in the zoning notice from the Commissioner of Urban Planning and Development Services;

(d)of the need to receive the approval of the Commissioner of Works and Emergency Services for any work to be carried out within the street allowance;

(e)of the need for the South Kingsway boulevard to be designed in accordance with the guidelines of the Department of Works and Emergency Services;

(f)of the need to obtain building location, access and streetscape permits from the Department of Works and Emergency Services, prior to the construction of this project;

(g)of the possible need to obtain other permits associated with construction activities (such as hoarding, piling, shoring, etc.);

(h)of the need to contact the Department of Works and Emergency Services, Road Allowance Control Section regarding the site-specific permit/licenses required;

(i)of the need to ensure that the South Kingsway right-of-way meets the Department of Works and Emergency Services requirements for pedestrian accommodation, greening and aesthetics;

(j)of the need for a description of the waste composition which shall be generated by the development and the expected quantity of each category of waste material;

(k)of the need for a description of the policies, programmes, processes and equipment which will be put in place to carry out material recovery and waste reduction;

(l)of the need for the provision of space to store and/or process recovered materials;

(m)of the need for separate accommodation for the recovery, safe storage and disposal of hazardous waste, if any;

(n)of the revised comments of the Commissioner of Community Services (Parks and Recreation) that an additional Freeman maple tree be planted on the South Kingsway boulevard;

(o)of the revised comments of the Commissioner of Community Services (Parks and Recreation) regarding the need for the riverbank and undeveloped top of bank to be planted with appropriate native trees and shrubs, to help stabilize the slope and provide a natural buffer between the proposed development and the Humber River, if Petro-Canada does not agree to place the valley lands (stable top of bank plus 10 metres inland) into public ownership with the Toronto and Region Conservation Authority; and

(p)that the signage illustrated on the plans submitted with Application No.=s 396100 and 096178 are subject to a separate approval process.

Background

City Council at its meeting of February 4, 5 and 6, 1998 refused the sign application for the previous proposal. A new sign application with fewer signs will be required for this project.

On March 17, 1998 the Ontario Municipal Board held a hearing on the appeal of the Committee of Adjustment variances to permit the gas bar, car wash and retail store proposal for this site and a portion of adjacent City land. After initial arguments, Petro-Canada withdrew their proposal and presented a revised proposal, entirely on their site.

Toronto Community Council, at its meeting of April 1, 1998, requested I convene a public meeting on this new proposal and report back to Toronto Community Council before the scheduled June 15, 1998 continued Board hearing on this matter.

A well attended public meeting was held on May 4, 1998 at the Swansea Recreational Centre to discuss the revised plan and to deal with local concerns. Many concerns were raised about traffic, proposed hours of operation, lighting, design and operation of the replacement gas station.

Comments:

1.PROJECT:

The development proposal is for a gas bar and car wash to replace the existing facilities and to introduce a small retail store as part of the new gas bar.

2.LOCATION:

The 4,921 m2 site is located on the west side of South Kingsway, immediately north of Queen Street West on the banks of the Humber River and located wholly within the Humber Valley Ravine.

The first European settlement in what later became Toronto is located somewhere near, or on the site.

3.REQUIREMENT OF CIVIC OFFICIALS

(a)The Commissioner of Works and Emergency Services has set out requirements relating to parking, connection to the City=s sewer system, work to be carried out in the street allowance, and a material recovery and waste reduction plan.

(b)The Commissioner of Community Services (Parks and Recreation) considers the site plan and landscape plan to be acceptable.

(c)The Commissioner of Urban Planning and Development Services has set out various advisory comments respecting applicable legislation.

(d)The Medical Officer of Health has set out requirements relating to environmental studies.

(e)The Acting Manager, Historical Preservation, of Heritage Toronto (Toronto Historical Board), considers the recommendation for the archaeological consultant to be acceptable and advises that the City should allow the work to proceed on that basis.

 4.EXISTING PLANNING CONTROLS

 a)Official Plan Part I and II

 The site is designated as Open Space under the new Official Plan Part I, as well as the current Swansea Area Part II Plan. This designation indicates the City=s recognition of the Humber Valley Ravine System.

 b)Zoning By-law (438-86, as amended)

The site is currently zoned G. It was rezoned from AC (a now deleted designation that permitted an auto service station) during the Cityplan process. The agreement with Petro-Canada at the time was to allow the replacement and limited expansion of the existing use through a permissive exception. Section 12(1) 330 (ii) permits a retail store, incidental to the main use, up to a maximum floor area of 186 square metres and sets a height limit of 6 metres.

An application for five variances, including use, retail density, sign height, and more than one building on the site were submitted to the Committee of Adjustment last October. The application was approved by the Committee of Adjustment on October 29, 1997 and subsequently appealed to the Ontario Municipal Board by two local ratepayer groups, with the City later joining the appeal.

The revised proposal has been reduced to three variances. At the Ontario Municipal Board hearing on March 17, 1998 the Board member stated that he will deal with these variances and that the applicant does not have to submit a new Committee of Adjustment application for the revised proposal.

5.PLANNING CONSIDERATIONS

(a)Application under the Ravine Control By-law

The property is located entirely within the Humber Valley Ravine, and is subject to the former City of Toronto Municipal Code Chapter 276, Ravines, Article I.

The proposal replaces an existing facility, requires the removal of only one tree, and offers benefits of increased tree and shrub planting.

The siting of the project is acceptable to the Toronto and Region Conservation Authority (T.R.C.A.) based on an approved slope stability study, geotechnical soil core testing and required sediment and erosion control plan, and a public access request described in Section (b) below.

To prevent water, and possible fuel seepage directly into the Ravine Valley lands or the Humber River, the Toronto Region and Conservation Authority has requested a stormceptor device to be installed with the re-connection to the storm sewer system approved by the Commissioner of Works and Emergency Services. The T.R.C.A. and the Community Services (Parks and Recreation) have also requested a Stormwater Management Report to further review the issue.

(b)Site Plan Approval

The proposal requires Site Plan Approval by the City.

Site Planning

The applicant has submitted a revised plan that addresses some of the concerns raised by local residents over both the two previous proposals in terms of the further canopy reorientation. The canopy intrusion is reduced as it now faces south, away from nearby residential condo building. The revised site plan has also resulted in a substantial reduction in the new retail floor area from 216 m2 to 86 m2.

The proposed land exchange with City land directly south of the site has been dropped, and the car wash is now proposed for its current location. The car stacking is now proposed at the north and west ends of the site, allowing full use of Queen Street West for parking for people accessing the Humber River. These arrangements will allow for better visual monitoring of the site by Petro-Canada sales staff.

Toronto and Region Conservation Authority who must issue their own development permit for this project, are requesting (as a condition of their approval) a public conveyance of the rear table land down to the riverbank.

Variances

The height of the station and canopy meets the 6 metre height limit for the site. Only a minor (0.55m) height penetration is still required for their corporate maple leaf logo sign. The lighting of the site is designed not to extend beyond the property limits and is the subject of current dispute resolution negotiations between Petro-Canada, local ratepayer groups and the City.

Landscaping

The revised landscape plan has been improved as the result of discussions between Petro-Canada, City Urban Design and Parks and Recreation forestry staff. Native trees and species are proposed to be planted with most emphasis placed on the west side of South Kingsway and to a slightly lesser degree on both ends of the site to provide a buffer for the street and park edges.

Parking

 The applicant is required to provide only two customer parking spaces, as a result of the diminished size of the retail store, including one space for people with disabilities. In addition, 24 Astacking@ spaces have been provided for the car wash to meet Toronto by-law standards.

Traffic Access to the Site

Local residents continued to express their concerns at the May 4, 1998 public meeting and by letter about current and future traffic volumes on South Kingsway and how a new gas station will result in more auto accidents for vehicles entering and exiting an expanded Petro-Canada gas bar. However, the review to date by Works and Emergency Services, Transportation Planning staff has not been able to support this position. A further traffic safety study will be sent directly to the May 27^th, 1998 Toronto Community Council under separate cover. Subject to access and curb conditions, they have no objections to the proposed development. The new uses replace existing ones that currently generate traffic.

Environmental Issues

Consideration has been given to soil stability by the applicant at the request of the Toronto and Region Conservation Authority (T.R.C.A.) and Community Services (Parks and Recreation). Geotechnical studies have been undertaken and the stable top of the bank has been established and approved by the T.R.C.A. The applicant has been requested to deal with concerns of stormwater run-off on the site by the T.R.C.A. and Community Services ( Parks and Recreation). The Commissioner of Works and Emergency Services has agreed to allow a reconnection to the City=s sewer system. This will be subject to a stormceptor being installed.

Historical Aspects

It is thought that the first European settlement in the Toronto area was located on the Humber River at or near this site, in the form of a trading post established in the 18^th century by Jean Baptist Rousseau. A plaque exists on City lands south of the site. For this reason, considerable attention has been paid to heritage matters and an archaeological study was undertaken.

The study determined that the trading post site would now be buried under at least 9 m of land fill that has occurred in the area since the 18^th century, and it would be unlikely that excavation required for the proposal would uncover any archaeological resources related to the historic site.

The owners consultant, Archeological Services Inc. have recommended Athat all excavations work related to the caisson should be monitored, on a full-time basis by a licensed archeologist for the duration of earth-moving activities.@ Heritage Toronto and T.R.C.A. concur with this and it forms part of the recommendations of this report.

On April 15, 1998 City Council adopted a report from Heritage Toronto, which recommended designation of 4 and 8 South Kingsway (Rousseau Site), under Part IV of the Ontario Heritage Act. However the designation is for the lands and does not effect the existing or proposed structures.

I am recommending that Petro-Canada erect a historic plaque and an illustrated information board on the table lands trail at the rear of their site, where T.R.C.A. is requesting a public conveyance. This would both commemorate the history of the AToronto Carry Place Trail@ and ARousseau Trading Post@, and inform hikers using the Humber Valley Ravine park system.

Hours of Operation

The current full service Petro-Canada gas bar operates from 7 a.m. - 10 or 11 p.m., beyond the City=s 7 a.m. to 7 p.m. limit. Petro-Canada wants to extend the hours of operation to 24 hours. Concerns were raised about this extension by many residential owners in the neighbourhood. A review was undertaken by the City Legal staff to determine the regulations governing gas bars adjacent to residential districts. If Petro -Canada wants to operate beyond the permitted 7 a.m. to 7 p.m. limit on a 24 hour operation, they would have to submit an application to the Commissioner of Works and Emergency Services. This process is not related to the site plan approval or ravine application.

Next Steps: (a)Dispute Resolution

Currently Petro-Canada, two local ratepayer groups and City staff are involved in discussions to try and reach a mediated settlement prior to an Ontario Municipal Board hearing, set for June 15, 1998. The first meeting was held on May 3, 1998 and further meetings are planned.

Any changes to the 8 South Kingsway gas bar operation or design, that might result from these discussions should not be deemed to represent the City=s policy direction in terms of the AGas Bar Design Guidelines@ that are currently being developed by City staff, in consultation with industry representatives and ratepayer groups.

(b)Possible Alternative Land Swap

City staff are currently discussing a real estate transaction which could move the entire Petro-Canada operation to another, City-owned site in the area. I will report further if these discussions have any tangible results.  Contact Name:Barry Brooks

Telephone: (416) 392-0758

Fax: (416) 392-1330

E-Mail: bbrooks@city.toronto.on.ca

 Beate Bowron

Acting Director, City Planning, Toronto Community

  (p:\1998\ug\uds\pln\to981601.pln) - smc

APPLICATION DATA SHEET

 Confirmed Municipal Address:8 South Kingsway

 PLANNING CONTROLS (For verification refer to Chief Building Official)

 PROJECT INFORMATION

APPENDIX A - Comments of Civic Officials

  1.City Works Services (May 8, 1998)

1..That the owner be required, as a condition of approval of the plans and drawings for the project; to:

(a)Provide and maintain a minimum of 2 parking spaces on site, over and above the parking requirements of the Zoning By-law, for a total of 2 spaces;

 (b)Provide and maintain signage at the southerly access to South Kingsway restricting operations to one-way outbound only;

 (c)Provide and maintain the northerly driveway to/from South Kingsway with a width of 8.0 m and provide and maintain additional curb cuts of 4.5 m to the north and south for a total curb cut of 17.0 m;

 (d)Provide and maintain the southerly exit driveway to South Kingsway with a width of 5.0 m and provide and maintain an additional 1.0 m curb cut to the north and an additional 7.5 m curb cut to the south for a total curb cut of 13.5 m;

 (e)Submit to, and have approved by, the Commissioner of Works and Emergency Services, prior to the issuance of a building permit, a Material Recovery and Waste Reduction plan addressing strategies for material recovery and waste reduction within the development;

 (f)Provide, maintain and operate the material recovery and waste reduction measures, facilities and strategies stipulated in the Material Recovery and Waste Reduction Plan approved by the Commissioner of Works and Emergency Services;

2. That the owner be advised:

(a) Of the need to receive the approval of the Commissioner of Works and Emergency Services for any work to be carried out within the street allowance;

(b)That the South Kingsway boulevard must be designed in accordance with the guidelines of Works and Emergency Services; and

(c)Of the need to obtain building location access and streetscape permits from the Commissioner of Works and Emergency Services prior to construction of this project.

Comments:

Location

West side of South Kingsway, north of The Queensway.

Proposal

Construction of a gas bar resulting in a 137 square metre car wash and a gas bar and retail store containing 86 square metres of floor area. The proposal was dealt with in Departmental reports dated January 8, May 26 and August 13, 1997. The above consolidated recommendations supersede the recommendations contained in the previous reports.

It is noted that the Queen Street West road allowance south of the subject site does not form part of this proposal.

Ravine Control Area

The entire site is subject to Municipal Code Chapter 276, Ravines, Article I (Humber Valley Ravine).

Parking and Access

The provision of 2 parking spaces satisfies the estimated parking demand generated by the project for 2 spaces, whereas, the Zoning By-law, as far as can be ascertained, does not specify a parking requirement for the proposed uses. The owner has indicated in a letter dated May 11, 1998, that only two employees will be on site (the proposed car wash will be an Aattendant-less@ facility). As a result, the proposed parking spaces are acceptable.

The proposed access to the site is approximately in the same location as the existing access. The proposed northerly two-way access to South Kingsway is shown as being 8.0 m wide with additional curb cuts of 4.5 m to the north and south for a total of 17.0 m. This is acceptable. The proposed southerly access to South Kingsway is shown as being 5.0 m in width with an additional 1.0 m curb cut to the north and an additional 7.5 m curb cut to the south for a total curb cut of 13.5 m. This is satisfactory. The proposed southerly access must be restricted to one-way outbound operations only, and must be signed accordingly.

Refuse Collection

This project would not qualify for refuse collection by City forces under the provisions of the Municipal Code, Chapter 309, Solid Waste. As a result, the owner must make arrangements for the services of a private waste collection firm.

Material Recovery and Waste Reduction

The owner is required to submit a Material Recovery and Waste Reduction Plan which will include:

(a)A description of the waste composition which shall be generated by the development and the expected quantity of each category of waste material;

(b)A description of the policies, programmes, processes and equipment which will be put in place to carry out material recovery and waste reduction;

(c)The provision of space required to store and/or process recovered materials; and

(d)Separate accommodate for the recovery, safe storage and disposal of hazardous waste, if any.

 The owner is advised that the Sanitation Branch (telephone no. 392-1040) of this Department will assist in the format and content requirements in the preparation of the plan.

 Work within the Road Allowance

 The design of the boulevard area on the South Kingsway frontage must meet this Department=s requirements for pedestrian accommodation, greening and aesthetics, including the planting of trees every 6 to 8 m. If clarification is required on how these standards will apply to this project, the applicant can contact the Streetscape Program at 392-2808.

 Permits

 The applicant is required to obtain building location, access and streetscape permits from this Department prior to construction of this project. Other permits associated with construction activities (such as hoarding, piling/shoring, etc.) may also be required. The applicant is responsible for obtaining the applicable permits and should be advised to contact the Road Allowance Control Section (RACS) at 392-2984 regarding the site-specific permit/licence requirements. 2.Community Services (May 13, 1998)

Further to our memorandum dated May 6, 1998, which provided comments on the above application, I advise the following: One full-form Freeman Maple or Red Oak tree must be planted in City road allowance, in accordance with the Tree Details Section of the City of Toronto Streetscape Manual as per the details noted below. Please note that the applicant must conduct an investigation of underground utilities prior to proposing tree planting within the City road allowance. If planting is not possible due to a utility conflict, a utility locate information sheet from the respective utility company should be provided to the City.

Street Trees in Turf:In accordance with Planting Detail No. 101 for Balled and Burlapped Trees in Turf Areas.

This comment replaces the previous comments which specified that three red oak trees were to be planted in City road allowance.

If the valleylands (stable top of bank plus 10 metres inland) are recommended to be placed in ownership of the TRCA, as stated in the letter to Urban Development Services, attention Barry Brooks from the Toronto and Region Conservation Authority, dated May 8, 1998, the following comment (previously stated in the May 6^th memorandum) is unnecessary and may be excluded from your report to Council. Please note that the City of Toronto cannot accept these lands without further environmental testing.

The undeveloped portion of the property, including the riverbank and undeveloped top of bank should be planted with appropriate native trees and shrubs, to help stabilize the slope and provide a natural buffer between the Gas Bar/Car Wash and the Humber River.

 I advise that the plans prepared by Petro-Canada, date stamped as received on March 20, 1998 by Urban Development Services, red-lined and on file with the Commissioner of Urban Development Services are acceptable to my Division.

 3.(May 6, 1998)

This will acknowledge your Site Plan Approval Circulation Form which was circulated March 20, 1998 and contained revised plans for the above noted application. I have reviewed the circulated plans and advise that: Three red oak trees must be planted in accordance with the Tree Details Section of the former City of Toronto Streetscape Manual as per the details noted below. Please note that the applicant must conduct an investigation of underground utilities prior to proposing tree planting within the City road allowance. If planting is not possible due to a utility conflict, a utility locate information sheet from the respective utility company should be provided to the City.

Street Trees in Turf:In accordance with Planting Detail No. 101 for Balled and Burlapped Trees in Turf Areas.

The undeveloped portion of the property, including the riverbank and undeveloped top of bank should be planted with appropriate native trees and shrubs, to help stabilize the slope and provide a natural buffer between the Gas Bar/Car Wash and the Humber River.

I advise that the plans prepared by Petro-Canada, date stamped as received on March 29, 1998 by Urban Development Services on file with the Commissioner of Urban Development Services are not acceptable at this time due to the reason(s) indicated above.

4.Heritage Toronto (March 31, 1998)

I have reviewed the revised site plan application, dated March 20, 1998, with respect to the above-noted property. The revised plan does not affect our previous comments. We would be concerned that Petro-Canada continue to follow the recommendations made by Archaeological Services Inc., as noted in our letter to you last July. Since we understand that Petro-Canada is committee to doing so, and further since we understand Petro-Canada still supports erecting a commemorative plaque in an appropriate location on site, Heritage Toronto does not oppose the revised application. 5.The Toronto and Region Conservation Authority (May 11, 1998)

Staff have reviewed the revised site plan received on March 24, 1998 and we offer the following comments.

Enclosed please find a part print of the Authority=s Flood Plain and Fill Regulation line map, sheet No. 1 of the Humber River, on which we have plotted in red the subject property; in blue the regional flood plain; and in green the Authority=s fill regulation limit.

As you will note, the rear portion of the property is within the Fill Regulated and Flood Plain area. In accordance with Ontario Regulation 158 a permit is required from the Authority prior to any of the following works taking place:

(a)construct any building or structure or permit any building or structure to be constructed in or on a pond or swamp or in any area susceptible to flooding during a regional storm;

(b)place to dump fill or permit fill to be placed or dumped in the areas described in the schedules whether such fill is already located in or upon such area, or brought to or on such area from some other place or places;

(c)straighten, change, divert or interfere in any way with the existing channel of a river, creek, stream or watercourse.

In October of 1994, the Authority released the Valley and Stream Corridor Management Program (VSCMP) which sets out the policies for development adjacent to and within valley and stream corridors. The valley corridor limit is defined by a line established 10 metres inland from the stable top of bank of the valley wall. To this end, the applicant submitted a geotechnical investigation prepared by Jacques Whitford Environment Limited dated July 11, 1997, which delineated the stable top of bank limit. This limit is accurately shown on the site plan. We advise that the valleylands (stable top of bank plus 10 metres inland) are recommended to be placed in public ownership with either the City of Toronto or the TRCA.

As a component of the redevelopment, the Authority requires that water quality control measures be utilized during construction to ensure that no negative impacts occur to the Humber River watershed and Lake Ontario basin. To this end a plan illustrating the means by which sediment and erosion will be controlled on site during and after construction must be submitted for our review and approval. Furthermore, a stormwater management report that addresses water quality treatment must be submitted for our review and approval. Please note that stormwater will not be permitted to be discharged to the watercourse without some form of treatment. ATreatment@ refers to providing some form (or forms) of water quantity attenuation and quality abatement usually accomplished by allowing stormwater run-off to infiltrate into the ground or through temporary stormwater detention or retention that would allow some settling of suspended solids and associated contaminants, prior to release. To this end, the applicant submitted stormwater management and erosion/sediment control plans on August 29, 1997 and September 19, 1997 which we found to be satisfactory. These plans were for the previous version of the site plan. We therefore require updated plans for the new site plan layout. We note that the submitted grading plan does not include the stormceptor device proposed on the original plans, and therefore the grading plan should be reviewed accordingly.

As you may be aware, the TRCA is seeking to have the Humber River designated as a ACanadian Heritage River@. The purpose of this designation is to formally recognize the natural and cultural heritage, and recreation values of the Humber River; and the contributions the river has made in the development of this country. We therefore wish to ensure that the redevelopment of this site is done in a manner which maximizes the protection of the natural and cultural resources of the Humber River.

 In view of the above, we have no objections to the approval of these applications subject to the following conditions.

1)The design of the site conform with the recommendations of the Slope Stability Analysis, prepared by Jacques Whitford Environment Limited.

2)The Humber River valley lands including the 5 metre stable slope allowance and 10 metre buffer being placed in public ownership with either the City of Toronto or the TRCA.

3)The stormwater management report be submitted for our review and approval. We are concerned that, unless proper stormwater management techniques and erosion and sedimentation control measures are employed on site both during and after construction, negative impact on the downstream water quality through erosion may occur. Stormwater leaving the site will require Atreatment@, both before and after development. ATreatment@ refers to providing some form (or forms) of water quantity control to the receiving watercourse as well as some form (forms) of water quality abatement usually accomplished by allowing stormwater run-off to infiltrate into the ground or through temporary stormwater detention or retention that would allow some settling of suspended solids and associated contaminants, prior to release.

4)A sediment and erosion control plan for the construction period be submitted for our review and approval.

5)That an archeologist be present on site during any grading or excavation to evaluate any potential impacts to the archeological/cultural resources.

We trust this is satisfactory. Should you have any questions please contact the undersigned at this office.