July 8, 1998
To:Toronto Community Council
From:Commissioner of Urban Planning and Development Services
Subject:Gas Bars and Automobile Service Stations - Proposed Amendments to the Zoning
By-law and the Municipal Code of the former City of Toronto (Wards 19-26)
Purpose:To propose amendments to the Zoning By-law and the former City of Toronto
Municipal Code to guide the development of Gas Bars and Service Stations
Source of Funds:
Not applicable.
Recommendation:
That the City Solicitor be requested to submit a draft by-law, in consultation with the
Commissioner of Urban Planning and Development Services to:
1.Amend Section 2(1) of the Zoning By-law 438-86, as amended, to change the definition
of automobile service station by deleting the phrase "for greater certainty does not include a
gas bar" and replace it with the phrase "includes a gas bar", and
2.Amend the former City of Toronto Municipal Code, Chapter 165, Article III,
Development Approval in Site Plan Control Areas, to delete § 165-36A(1).
Background:
A staff report "Technical Amendments to Zoning By-law 438-86", dated June 25, 1997,
recommended a large number of technical amendments to the Zoning By-law including a
recommendation to amend the definition of an automobile service station to include a gas
bar. The former City Council, at its meeting of August 21, 1997, referred that
recommendation to the Land Use Committee in order to hear deputations.
Following deputations on September 18, 1997, the Land Use Committee asked the
Commissioner of Urban Development Services "to review the definitions of gas bar and
automobile service station, including any qualifications to regulate these uses, and also Site
Plan Control as a mechanism of regulation".
Toronto Community Council, at its meeting of January 24, 1998, asked the Planning
Interim Lead "to report on design guidelines for gas stations and gas bars within the context
of the urban environment". This request arose from a review of a minor variance application
for signage on a gas bar and car wash proposal at 8 South Kingsway.
Comments and Discussion:
1.Summary of the Main Issues
This report has been prepared in response to Council's requests for improvements to the
City's policies regarding the development of gas bars and to correct and improve the
process whereby proposals for gas bars and automobile service stations within the Toronto
Community Council boundaries are reviewed and approved by the City.
a)Site Plan Issues
Residents have raised concerns about the impact of gas bars and service stations on their
neighbourhoods. Among the issues raised have been noise, traffic, fumes, safety for drivers
and pedestrians, poor garbage storage, obtrusive lighting and aesthetic problems.
The Site Plan Approval process is the mechanism the City has to address these concerns.
Under Site Plan Approval, staff can review and modify development applications with
respect to the location and massing of all structures, access and egress from sites for vehicles
and pedestrians, walkways, loading and parking areas, on-site vehicle circulation, lighting,
landscaping, storage of materials and garbage storage and pick up.
Within the Toronto Community Council boundaries most automobile service stations and
gas bars have been exempt from Site Plan Approval because the floor area of new buildings
proposed has been less than the 300 square metre minimum. Since Site Plan Approval often
does not apply, it cannot be used to ensure that such developments are suitable for their sites
and locations.
There are also no guidelines which clearly identify the main design issues for the
development of gas bar and automobile service station sites and how they should be
addressed. Design guidelines are needed for staff, developers and the public to rely on when
these uses are proposed. In addition, there are no clear guidelines for other ancillary uses on
these sites, such as donut shops, convenience stores and kiosks.
b)Zoning Issues
Because gas bars are not permitted by the Zoning By-law, all proposals for new ones are
subject to either a re-zoning or a Committee of Adjustment minor variance approval process.
Since a gas bar is very similar to an automobile service station, it should be permitted in the
same zones.
At the time of the comprehensive re-organization of the Zoning By-law in the Cityplan
process it was intended to include gas bars under the umbrella definition of automobile
service station, but due to a drafting error, this did not occur. The staff report dated June 25,
1997, "Technical Amendments to By-law 438-86", recommended many technical
amendments to the Zoning By-law, including amending the definition of an automobile
service station to include a gas bar. At the time, several issues arose from gas bar
applications under consideration at the Committee of Adjustment and under appeal to the
Ontario Municipal Board. The former City of Toronto Council was concerned about the
impact that gas bars would have on neighbourhoods, deferred the technical amendment
which would have included a gas bar in the Zoning By-law definition of automobile service
station and set it aside for further study, at its meeting of October 1, 1997.
The exclusion of a gas bar use from locations where an automobile service station is
permitted is not a sustainable planning policy. The Ontario Municipal Board, in its decision
of August 25, 1997, regarding the appeal of a Committee of Adjustment minor variance
decision on a proposed gas bar at 1021 Avenue Road and 275 Eglinton Avenue West; (the
site of a former automobile service station), concluded that there was no land use difference
between a gas bar and an automobile service station and approved the application.
c)Sign Issues
The Municipal Sign By-law, which is now incorporated into the former City of Toronto
Municipal Code (Chapter 297 - Signs), does not recognize the signage that petroleum
companies now are proposing for gas stations. Therefore, many of their sign permit
applications are subject to the sign minor variance approval process. Since there are no
guidelines for signs specifically tailored to gas bars and automobile service stations, it is
difficult to maintain consistent policies for signage on these sites.
- Proposed Solutions
This report proposes first steps to simplify and improve the approval process and reduce the
potential negative impacts of these types of uses on their surrounding neighbourhoods.
2.1Site Plan Approval
Site Plan Approval is the appropriate mechanism for reviewing small developments such as
gas bars, automobile service stations and the other commercial uses which are developed in
association with gasoline retailing, such as fast food and convenience stores. Currently most
new gas bar or automobile service station development in the former City of Toronto does
not require approval under the Site Plan Control By-law provisions because new
non-residential construction less than 300 square metres is exempt (Municipal Code -
Chapter 165, Article III, Development Approval in Site Plan Control Areas). This is
contrary to common practice across the rest of the City.
The site planning regulations for these uses in the other former Toronto municipalities are
as follows:
East York:all subject to Site Plan Approval unless building is less than 8 metres wide
Etobicoke:almost all subject to Site Plan Approval - some supplemental regulations
regarding gas bars
North York:all subject to Site Plan Approval - except those less than 37 square metres floor
area
Scarborough:all subject to Site Plan Approval - no size threshold
York:all subject to Site Plan Approval - except for non-residential uses less than 50 square
metres that are more than 15 metres from a residential zone and more than 15 metres from a
public street.
This report recommends the deletion of the exemption from Site Plan Approval for new
mixed-use and non-residential development which is less than 300 square metres within the
boundaries of the Toronto Community Council area. This proposed amendment to the
Municipal Code will make gas bars and automobile service stations subject to Site Plan
Approval and will ensure a process for reviewing these uses to address their potential impact
on neighbourhoods and city streets.
2.2Zoning
The Zoning By-law, No. 438-86, as amended, of the former City of Toronto defines gas
bars, but does not permit them in any zones and specifically excludes them from the
definition of automobile service stations. The effect of this is that gas bars are not permitted
anywhere within the Toronto Community Council boundaries.
The current by-laws of the other former municipalities in Toronto permit gas bars as
separate uses in most zones which permit automobile service stations or they include them
in the list of uses which constitute a "service station" (e.g., North York, Scarborough,
Etobicoke) or a "public garage" (e.g., York).
Gas bars provide an important service and have their place in the City. The Zoning By-law
should include them under the umbrella definition of automobile service station.
2.3Preparation of Site Plan Approval Guidelines
Since the current Zoning By-law does not permit gas bars anywhere in the City and most
new automobile service stations do not have enough floor area to make them subject to Site
Plan Control, there have been no guidelines or policies regarding the development of these
uses. Design guidelines are needed to ensure high levels of quality and appearance for these
developments and to address the potential impact of these uses. The preparation of Site Plan
Approval Guidelines for reviewing the establishment and expansion of automobile service
stations, including gas bars, is underway.
The standards developed must be sensitive to the densely developed context of the former
City of Toronto. General corporate standards or models developed for large sites on
highways or suburban retail strips can be problematic. It is expected that the Guidelines will
enable gasoline retailers to follow the experience of other large chain retailers such as fast
food franchises and specialized auto service and repair businesses which have successfully
created development standards to meet their needs for visibility and corporate identity in a
manner that is compatible with the surrounding urban area.
A further report will be submitted this Fall to the Toronto Community Council to
recommend design guidelines for Site Plan Approval and signage for these uses.
2.4Signs
Almost every sign proposal for an automobile service station or a gas bar requires a minor
variance to the Sign provisions of the Municipal Code. The Guidelines Study requested by
the former City of Toronto Land Use Committee and by the Toronto Community Council
will examine this issue and make recommendations. It is likely that the Sign provisions of
the Municipal Code will be amended to permit more as-of-right approval of some of the
signs for these uses as a result of this work.
2.5Consultation with Developers and the Public
Urban Planning and Development Services staff have begun consulting with the petroleum
industry and representatives of other commercial uses which have been developed in
association with gasoline retailing, such as donut shops, fast food businesses and
convenience stores. All have expressed a willingness to work with staff to develop clear
guidelines and a simplified approval process. Staff will consult extensively with residents'
groups, stakeholders and other interested parties in the preparation of these Guidelines and
any other by-law amendments which might be required.
Conclusions:
Automobile service uses, including gas bars, should be subject to Site Plan Approval since
this is the appropriate regulatory mechanism to control the appearance and impact of these
uses.
The technical amendment previously recommended to include gas bars in the definition of
automobile service stations should be approved so that gas bars are permitted uses. This
will correct the anomaly in the Zoning By-law 438-86, as amended, of the former City of
Toronto. These two measures will bring the former City of Toronto practice into line with
that of other former municipalities of the new City of Toronto.
The preparation of guidelines for Site Plan Approval and signage for these sites, which has
also been requested by Council, will provide an expedited approvals process and more
predictability for the City, proponents and neighbours. This work is in progress.
Contact Name:Ian Cooper
Telephone: (416)392-7572
Fax: (416)392-7536
E-mail: icooper@city.toronto.on.ca
Beate Bowron
Acting Director, City Planning Division
Toronto Community
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