July 14, 1998

To:Toronto Community Council

From:H.W.O. Doyle

City Solicitor

Subject:Draft By-laws - To amend By-laws Nos. 438-86, 1994-0805, 1994-0806, 568-91, 168-93, 612-85, to include "gas bar" within the definition of "automobile service station". (Citywide)

Purpose:

The Commissioner of Urban Planning and Development Services' report addresses an amendment to general Zoning By-law No. 438-86. I have been advised that the area Zoning By-law for the Railway Lands should be amended in the same manner. The definition does not appear in the Harbourfront Zoning By-law.

Funding Sources, Financial Implications and Impact Statement:

The enactment of the Draft By-laws has no financial implications for the City. It requires no funding.

Recommendations:

It is recommended that:

(1)The Toronto Community Council hold a public meeting in respect of the Draft By-laws in Appendix A attached to this report in accordance with the provisions of the Planning Act.

Following the public meeting and in the event the Toronto Community Council wishes to approve the Draft By-laws, it could recommend that:

(2)The Draft By-laws attached in Appendix A to the report (July 14, 1998) of the City Solicitor be approved and that authority be granted to introduce the necessary bills in Council to give effect thereto.

(3)The Draft By-law to amend the Municipal Code of the former City of Toronto attached in Appendix B to the report (July 9, 1998) of the City Solicitor be approved and that authority be granted to introduce the necessary bills in Council to give effect thereto.

(4)The report (July 8, 1998) of the Commissioner of Urban Planning and Development Services be adopted.

Background:

Toronto Community Council has before it the final report of the Commissioner of Urban Planning and Development Services (July 8, 1998) concerning the above noted subject. This report recommends that Draft By-laws be prepared to include "gas bar" within the definition of "automobile service station" in By-law No. 438-86, the General Zoning By-law. I have consulted with planning staff, who advise that the area zoning by-laws for the Railway Lands should also be amended accordingly. (The Harbourfront Zoning By-law does not define "automobile service station".)

The Commissioner recommends an amendment to the Municipal Code to remove the exemption of smaller commercial buildings from site plan approval, in order to ensure gas bars would be covered.

Comments:

This report contains the necessary Draft By-laws, which, if enacted, will give effect to the planning report.

Contact Name:John Paton, Solicitor

Telephone:392-7230

Fax:392-0024

E-mail:jpaton@city.toronto.on.ca

H.W.O. Doyle

City Solicitor

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APPENDIX A

DRAFT BY-LAW (1)

Authority:Toronto Community Council Report No.

Intended for first presentation to Council:

Adopted by Council:

CITY OF TORONTO

Bill No.

BY-LAW No. -1998

To amend By-law No. 438-86, the Zoning By-law, as amended, to include "gas bar"

within the definition of "automobile service station".

The Council of the City of Toronto HEREBY ENACTS as follows:

1.Section 2(1) of By-law No. 438-86, being "A By-law To regulate the use of land and the erection, use, bulk, height, spacing of and other matters relating to buildings and structures and to prohibit certain uses of lands and the erection and use of certain buildings and structures in various areas of the City of Toronto", as amended, is further amended by deleting from the end of the definition of "automobile service station" the words "for greater certainty does not include a gas bar" and substituting for them the words "includes a gas bar".

APPENDIX A

DRAFT BY-LAW (2)

Authority:Toronto Community Council Report No.

Intended for first presentation to Council:

Adopted by Council:

CITY OF TORONTO

Bill No.

BY-LAW No. -1998

To amend By-law No. 1994-0805, the Railway Lands - West Zoning By-law,

as amended, to include "gas bar" within the definition of "automobile service station".

The Council of the City of Toronto HEREBY ENACTS as follows:

1.Section 2(1) of By-law No. 1994-0805, being "A By-law To regulate the use of land and the erection, use, bulk, height, spacing of and other matters relating to buildings and structures and to prohibit certain uses of lands and the erection and use of certain buildings and structures in various areas of the Railway Lands - West", as amended, is further amended by deleting from the end of the definition of "automobile service station" the words "for greater certainty does not include a gas bar" and substituting for them the words "includes a gas bar".

APPENDIX A

DRAFT BY-LAW (3)

Authority:Toronto Community Council Report No.

Intended for first presentation to Council:

Adopted by Council:

CITY OF TORONTO

Bill No.

BY-LAW No. -1998

To amend By-law No. 1994-0806, the Railway Lands - Central Zoning By-law,

as amended, to include "gas bar" within the definition of "automobile service station".

The Council of the City of Toronto HEREBY ENACTS as follows:

1.Section 2(1) of By-law No. 1994-0806, being "A By-law To regulate the use of land and the erection, use, bulk, height, spacing of and other matters relating to buildings and structures and to prohibit certain uses of lands and the erection and use of certain buildings and structures in various areas of the Railway Lands - Central", as amended, is further amended by deleting from the end of the definition of "automobile service station" the words "for greater certainty does not include a gas bar" and substituting for them the words "includes a gas bar".

APPENDIX A

DRAFT BY-LAW (4)

Authority:Toronto Community Council Report No.

Intended for first presentation to Council:

Adopted by Council:

CITY OF TORONTO

Bill No.

BY-LAW No. -1998

To amend By-law No. 568-91, the Railway Lands East Zoning By-law, as amended,

to include "gas bar" within the definition of "automobile service station".

The Council of the City of Toronto HEREBY ENACTS as follows:

1.Section 2(1) of By-law No. 568-91, being "A By-law To regulate the use of land and the erection, use, bulk, height, spacing of and other matters relating to buildings and structures and to prohibit certain uses of lands and the erection and use of certain buildings and structures in various areas of the Railway Lands East", as amended, is further amended by deleting from the end of the definition of "automobile service station" the words "for greater certainty does not include a gas bar" and substituting for them the words "includes a gas bar".

APPENDIX A

DRAFT BY-LAW (5)

Authority:Toronto Community Council Report No.

Intended for first presentation to Council:

Adopted by Council:

CITY OF TORONTO

Bill No.

BY-LAW No. -1998

To amend By-law No. 168-93, the Railway Lands East Area A Zoning By-law,

as amended, to include "gas bar" within the definition of "automobile service station".

The Council of the City of Toronto HEREBY ENACTS as follows:

1.Section 2(1) of By-law No. 168-93, being "A By-law To regulate the use of land and the erection, use, bulk, height, spacing of and other matters relating to buildings and structures and to prohibit certain uses of lands and the erection and use of certain buildings and structures in various areas of the Railway Lands East Area A", as amended, is further amended by deleting from the end of the definition of "automobile service station" the words "for greater certainty does not include a gas bar" and substituting for them the words "includes a gas bar".

APPENDIX A

DRAFT BY-LAW (6)

Authority:Toronto Community Council Report No.

Intended for first presentation to Council:

Adopted by Council:

CITY OF TORONTO

Bill No.

BY-LAW No. -1998

To amend By-law No. 612-85, the Railway Lands Zoning By-law, as amended,

to include "gas bar" within the definition of "automobile service station".

The Council of the City of Toronto HEREBY ENACTS as follows:

1.Section 2(1) of By-law No. 612-85, being "A By-law To regulate the use of land and the erection, use, bulk, height, spacing of and other matters relating to buildings and structures and to prohibit certain uses of lands and the erection and use of certain buildings and structures in various areas of the City of Toronto, as amended, is further amended by deleting from the end of the definition of "automobile service station" the words "for greater certainty does not include a gas bar" and substituting for them the words "includes a gas bar".

APPENDIX B

DRAFT BY-LAW (1)

Authority:Toronto Community Council Report No.

Intended for first presentation to Council:

Adopted by Council:

CITY OF TORONTO

Bill No.

BY-LAW No. -1998

To amend Chapter 165, Development of Land, of the Municipal Code of the former City of Toronto.

The Council of the City of Toronto HEREBY ENACTS as follows:

1.Section 165-36.A. is amended as follows:

A.By deleting Subsection (1); and

B.By renumbering Subsections (2) to (7) as (1) to (6).