November 2, 1998
To:Toronto Community Council
From:Commissioner of Urban Planning and Development Services
Subject:Proposals Report - Automobile Service Stations and Gas Bars: Proposals for Zoning Amendments, Site Plan
Approval, Design Guidelines and Amendments to the Municipal Code, Chapter 297 - Signs, former City of Toronto
(Wards 19-26)
Purpose:
To update the Zoning By-law provisions on automobile service stations and gas bars and other uses associated with them,
to ensure that they are subject to Site Plan Approval, to propose Design Guidelines for these uses and to propose
amendments to the ASign By-law@ to properly regulate signage.
Source of Funds:
Not Applicable.
Recommendations:
It is recommended that:
1. The Commissioner of Urban Planning and Development Services hold a public meeting to discuss the proposals
contained in this report respecting proposed Zoning By-law amendments, proposed amendments to the Municipal Code,
proposed amendments to the ASign By-law@ and proposed Design Guidelines for Autombile Service Stations and Gas
Bars.
2. The draft by-law attached to the report (July 14, 1998) of the City Solicitor with respect to this matter be withdrawn
pending the outcome of the process outlined in Recommendation No. 1.
3. Copies of this report, including the attached Design Guidelines, be distributed to residents groups, gasoline retailers and
other interested parties for their comment prior to the public meeting.
4.I be requested to report back to Toronto Community Council on the outcome of the public meeting.
5. The City Solicitor be requested to submit the necessary draft by-laws in consultation with the Commissioner of Urban
Planning and Development Services to implement the recommendations embodied in my final report.
Summary of Proposals for Public Discussion
- a Zoning By-law amendment to include gas bars in the definition of automobile service stations
- a Municipal Code amendment to make automobile service stations, including gas bars subject to Site Plan
Approval by means of eliminating the exemption for new commercial development less than 300 square metres
in floor area
- Design Guidelines for Automobile Service Stations, including Gas Bars
- a Zoning By-law amendment to limit accessory buildings to 20 square metres in floor area and to require other
uses on the site to conform to the Zoning rules that would apply to them as independent uses
- amendments to the ASign By-law@, Section 297 of the Municipal Code, to recognize and properly regulate
signage at automobile service stations, including gas bars.
Background:
A staff report ATechnical 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 Toronto 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 Ato 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 Acting Commissioner of Urban Development
Services Ato report on design guidelines for automobile service 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 and a problematic service station redevelopment at Avenue Road and Eglinton Avenue
West.
In my July 8 1998 report (AZoning and Site Plan Approval for Gas bars and Automobile Service Stations - Amendments
to the Zoning By-law and the Municipal Code of the former City of Toronto@) to the July 22 1998 Toronto Community
Council meeting , I recommended that the Zoning By-law be amended to permit a gas bar in Industrial and Mixed
Commercial-Residential zones in locations which already permit automobile service stations. I also recommended an
amendment to the Municipal Code which would make all new development in Mixed Commercial-Residential zones in
the former City of Toronto, including gas bars and automobile service stations, subject to Site Plan Approval.
Toronto Community Council, at its July 22, 1998 meeting, deferred consideration of the report and the amendments
proposed and asked me to report on Design Guidelines for gas bars. Council also asked me, in association with the City
Solicitor, to report on the means by which other uses at gas bars could be restricted.
Signage at automobile service stations and gas bars is not adequately addressed by the ASign By-law@ section of the
Municipal Code. This report addresses this issue.
This report replaces my July 8, 1998 report and its recommendations and recommends deferral of the Zoning By-law and
Municipal Code amendments it proposed.
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, in particular and gas stations generally and to correct and improve the process whereby
proposals for these uses within the Toronto Community Council boundaries are reviewed and approved.
1.1Site Plan Issues
Residents have raised concerns about the impact of automobile service stations and gas bars on their neighbourhoods.
Among the issues raised have been noise, traffic, fumes, safety for drivers and pedestrians, poor garbage storage,
excessive 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. These are the main issues which have been raised by
the public about automobile service station and gas bar uses.
Within the Toronto Community Council boundaries, most automobile service stations and gas bars have been exempt
from the Site Plan Approval process 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 issues for the development of gas bar and automobile service
station sites and how they should be addressed. Development 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 ancillary uses on these sites, such as
donut shops, convenience stores and payment kiosks or for larger stores and restaurants.
1.2Zoning Issues
Gas Bars
The Zoning By-law, No. 438-86, as amended, of the former City of Toronto defines gas bars as places where automobile
fuel is sold but where cars are not serviced or repaired. It does not permit them in any zones and specifically excludes
them from the definition of automobile service stations which are defined as having a car service and repair function. The
effect of this is that gas bars are not permitted anywhere within the Toronto Community Council boundaries.
The exclusion of the gas bars from the definition of automobile service stations arose from a drafting error made at the
time of the comprehensive re-organization of the Zoning By-law in the Cityplan process. The staff report dated June 25,
1997, ATechnical 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 to correct this. 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, at its meeting of October 1, 1997, 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.
The exclusion of a gas bar use from locations where an automobile service station is permitted is not a sustainable policy.
The Ontario Municipal Board, in its decision regarding a City appeal of a Committee of Adjustment approval of a gas bar
proposal at 1021 Eglinton Avenue West, indicated that a gas bar use was almost identical to an automobile service station
use and approved the application, thus confirming that the distinction between the uses cannot be justified.
Restrictions on Other Uses at Automobile Service Stations and Gas Bars
Members of Toronto Community Council, at its July 22, 1998 meeting asked me to report on the means by which other
uses at gas bars could be restricted as a means to controlling the potential negative impacts on residential areas and
commercial streets.
1.3Sign Issues
The ASign By-law,@ which is now incorporated into the former City of Toronto=s Municipal Code (Chapter 297 - Signs),
does not recognize the current sign requirements or practices that petroleum companies have for gas stations. Therefore,
many of their sign permit applications are subject to the minor variance approval process. Since there are no guidelines for
signs specifically tailored to gas bars, automobile service stations or most other uses now found on these sites, it is
difficult to maintain consistent policies of process, review and approval.
2.Proposed Solutions
This report proposes steps to simplify and improve the approval process, improve the quality of the finished product and
reduce the potential negative impacts of these types of uses on their surrounding neighbourhoods.
2.1Site Plan Approval
Site Plan Approval is the optimal process for reviewing and approving developments such as gas bars, automobile service
stations and the other commercial uses which have been 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 Approval 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 Approval 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.
I am proposing that the Municipal Code be amended to delete the exemption from Site Plan Approval for new mixed-use
and non-residential development less than 300 square metres within the boundaries of the Toronto Community Council
area. This amendment would ensure that the review of these uses is in the appropriate forum for addressing their potential
impact on neighbourhoods and city streets. Despite this, developments on small lots would still be exempt. New
developments with street frontage less than 12.5 metres would still be exempted from Site Plan Approval by the
Municipal Code, Chapter 165-36 A (5).
2.2Design Guidelines for Automobile Service Stations and Gas Bars
The proposed Design Guidelines for Automobile Service Stations and Gas Bars are attached to this report in Appendix A.
General corporate standards or development models for large sites on highways or suburban retail strips can be
problematic in the more densely developed urban areas such as the former City of Toronto. The Guidelines should 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 which meet their needs for visibility
and corporate identity in a manner that is compatible with the surrounding urban area.
The Design Guidelines will provide guidance to the development of automobile service stations and gas bars and other
uses associated with them. They will assist developers to prepare their plans, assist City staff to review proposals within a
publically approved set of rules and they will provide the public with the assurance that the potentially obtrusive nature of
these types of uses will be properly addressed with the development of each one.
The Design Guidelines address the following matters:
Site Planning
Vehicular and Pedestrian Access
Built Form and Design
The Streetscape and Pedestrian Amenity
Landscaping in Public and Privately Owned Areas
Lighting
Signage, and
Safety.
The guidelines being proposed are co-ordinated with the proposed Zoning By-law amendments, the proposed Municipal
Code amendment which would make automobile service station and gas bar development subject to Site Plan Approval
and the proposed amendments to the ASign By-law@ which specifically address gas station signs.
2.3Zoning Definition of Gas Bar
Because gas bars are not permitted by the Zoning By-law in the former City of Toronto, all proposals for new ones are
subject to either a re-zoning or a Committee of Adjustment minor variance approval process. 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 Aservice station@ (e.g., North York, Scarborough,
Etobicoke) or a Apublic garage@ (e.g., York).
Gas bars are a common use and have their place in the city but should have clear rules for where they are permitted. The
Zoning By-law should include them under the umbrella definition of an automobile service station use. I am proposing
that the Zoning By-law be amended to include rather than exclude gas bars as permitted uses in the definition of
automobile service stations.
2.4Zoning Controls on Other Permitted Uses on Automobile Service Station and Gas Bar Sites
Concerns were raised at the July 22, 1998 Toronto Community Council meeting that the extra uses at gas bars could
become destination uses for car drivers and create more traffic, contrary to the City=s policy which has been consistent in
promoting pedestrian-oriented retailing. It is still the City=s policy to promote pedestrian-oriented retailing by such
measures as the Zoning By-law prohibition on the creation of parking spaces between the front wall of a retail store and
the public sidewalk.
Most zoning by-laws do not place additional restrictions on any permitted uses, because of the presence on the same site
of other permitted uses. Only Etobicoke, of the former municipalities, restricted the list of permitted uses and the size of
other permitted uses when they were developed in association with a service station or gas bar. The regulatory framework
in the former municipalities for other permitted uses on service station sites is as follows:
East York:No restrictions on other uses except that dwelling units are not permitted over a Aservice station@
Etobicoke:Zoning By-law permits a sales kiosk for Agas bar@ and sales of convenience items;
prohibits sale of perishable foods
maximum size of 20 square metres of floor area for sales of non-car related items
North York:if the use is permitted in the zone, there are no further restrictions, except for small commercially zoned lands which are in designated residential neighbourhoods:
- Uses permitted are personal service shops and retail stores (including take-out but not sit-down restaurants)
- must be on an arterial road
- maximum floor area of 140 square metres
Scarborough:if the use is permitted in the zone, there are no further restrictions other than what is usually applied.
Toronto:if the use is permitted in the zone, there are no further restrictions other than what is usually applied.
York:if the use is permitted in the zone, there are no further restrictions other than what is usually applied.
2.4.1Review of Types of Controls on other Uses on Automobile Service Stations and Gas Bar Sites
a)Restrictions on Other Permitted Uses
Automobile service stations are permitted in Mixed Commercial-Residential zones (CR and MCR) and in Industrial zones
(I). The Mixed Commercial-Residential zones permit residential, retail sales and service uses and office uses. Automobile
service stations and gas bars are part of these retail strips in all parts of the city. Any site with this zoning can be used,
subject to other Zoning regulations on parking, height, floor area, setbacks, etc. for any of these permitted uses. In general,
zoning regulations should not discourage owners from developing other permitted uses in a manner which conforms to the
Zoning By-law, because they have a potentially problematic, but permitted, use like gas pumps on their sites.
Automobile service stations and gas bar sites in the former City of Toronto are generally too small to accommodate the
necessary parking for a large retail store or restaurant. In most cases, owners have to choose between the two permitted
uses and then conform to the Zoning By-law standards of whichever use is chosen. Issues of built form and local impact
can be controlled through the Site Plan Approval process, which provides City staff with the appropriate tools to make a
development fit into its local context.
b) Zoning Changes to Address Site Planning Issues for Other Uses Associated with Automobile Service Stations and Gas
Bars
The Zoning By-law of the former City of Toronto controls the development of retail and service stores. For example, they
must be built at or close to the public sidewalk and parking is not allowed in front of the store between the store front and
the public sidewalk. The advent of larger convenience stores and restaurants developed in association with automobile
service stations and gas bars has meant that some stores and restaurants have been developed at the rear of instead of at
the front of sites, often with parking in front. Retail stores should be oriented to the public sidewalk.
Clarification is needed to distinguish a kiosk for accepting payment for gas sales which also sells convenience items from
a convenience store or restaurant on a automobile service station or gas bar site which also may contain the gasoline sales
payment location. Once a kiosk ceases to be primarily related to accepting payment for gasoline sales and becomes a retail
use on the same site as gas pumps, then it should meet the development standards and policies of the Official Plan and
Zoning By-law for the zone where it is located.
The Zoning By-law should be amended to distinguish between the payment kiosks and retail stores or restaurants. I am
proposing that the payment kiosks be limited to 20 square metres in size. All development in excess of 20 square metres
on sites where gasoline or other motor fuel is sold should be subject to the same Zoning By-law regulations as if there
were no gas retailing happening on that site. In the case of retail stores and restaurants, this would mean that no parking
would be permitted between the front of the building and the public sidewalk (Section 8 PART IV 2) and that there be
direct pedestrian access (not shared with vehicles) from the public sidewalk to the entrance (Section 8 PART XI 2(3)) and
that the entrance not be from the flanking street (Section 8 PART XI 1).
3.Signs at Gas Bars and Automobile Service Stations
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 A
Canopy signs are those signs, usually company logos, on the illuminated canopy which provides weather protection for
customers over gas pumps and walkways to payment kiosks and stores. The ASign By-law@ currently controls these signs
by limiting them to one on each face, limits them to 30% of the area of the canopy face and restricts their height to a
maximum of one metre above the top of the canopy itself.
Most of the illumination for the gas pump area comes from lighting located on the underside of the canopy. Lighting
levels are subject to Site Plan Approval. The proposed Design Guidelines contain proposals for the appropriate levels of
light which ensure customer safety and security as well as reduce the potential negative impact of an over-bright site.
Currently, one of the major gasoline retailers has a national standard logo on its canopy which extends 1.07 metres above
the top of the canopy. I am recommending that the By-law be amended to permit 1.10 metres above the canopy so that no
variances are needed to permit the extra 7 centimetres. Other than that no amendment is needed.
Fuel Pump signs are the signs located above the gas pumps themselves, either attached to the pump or suspended from the
canopy above. They are often referred to by industry representatives as Afuel centre@ or Aout-rigger@ signs. These are
generally illuminated and consist of some version of the company logo. Their illumination or non-illumination can be
used to show if a pump is in operation or not. None of these signs is defined and therefore none are permitted by the
By-law.
These signs should be permitted, provided their design is consistent with an overall design concept for all signage on the
site. This can be addressed through the Design Guidelines and the Site Plan Approval process. Some members of the
public have complained that these are too brightly lit. Their level of illumination can also be controlled through the Site
Plan Approval review process, subject to the Design Guidelines. They should not be permitted to carry third party
advertising.
Fascia and mansard signs are those signs affixed to or part of the wall or mansard roof. These are dealt with in detail by
the ASign By-law@. They must not go above the second storey or 10 metres in height and may not cover more than 30% of
building face fronting a street on the first storey and not more than 15% on the second storey.
These signs should continue to be permitted, provided their design is consistent with an overall design concept for all
signage on the site. This can be addressed through the Design Guidelines and the Site Plan Approval process. Their level
of illumination can also be controlled through the Site Plan Approval review process, subject to the Design Guidelines.
They should not be permitted to carry third party advertising.
These are ground signs at the edge of the fuel pump islands. They usually identify the type and grade of fuel sold, prices
and whether the pump is self-serve or not. Currently these signs are not defined by the ASign By-law@ and, therefore, are
not permitted. In some configurations, the signs carrying this information are posted on the canopy support pillar.
These signs provide a useful function in distributing and organizing traffic movement on the site to guide customers to the
pump they are going to use. The ASign By-law@ should be amended to permit these signs provided they carry information
about the fuel pumps. They should not be illuminated or be permitted to carry third party advertising.
These signs identify entrances and exits to the site for motorists, where to park if there is parking provided and the route
to any drive-thru facilities. These are currently permitted provided they are no more than 2 metres high and not more than
1 square metre in area. This provision is adequate in its current form. The design of these should be consistent with an
overall design concept for all signage on the site. This can be addressed though the Design Guidelines. They should not be
permitted to carry third party advertising.
These are typically large, free-standing signs, fixed to the ground, which identify the business to passing motorists and
identify the brand name, usually with a corporate logo, fuel prices, grade and type. They also identify other services which
are offered on the site including other businesses.
Ground signs are restricted to 7.6 metres in height and are limited to one per frontage. They may be Awholly supported by
uprights or braces@. Pedestal signs are restricted to 4.5 metres in height and 2.3 metres in width and are limited to one per
frontage unless the frontage exceeds 100 metres. They are to be Asubstantially in the form of a monolith@ which means
that unlike a ground sign a pedestal sign cannot be standing on visible legs. There is a minimum 2 metre setback from a
street line, 6 metres from an intersection. Third party advertising ground or pedestal signs are not permitted in the Mixed
Commercial-Residential zones. This should continue.
Gasoline retailers have typically chosen to erect either a ground sign or a pedestal sign on a street frontage, but not both,
even though the ASign By-law@ does not prevent both. Recently these signs at gas stations have been designed to
incorporate the logo or other information to show what other businesses or services are provided on the site. This reduces
the potential for multiple signs with different designs on the site. In my view, this is a positive development. Two large
signs would contribute to sign clutter and confuse the public. One large sign is enough to signal the business location to
passing drivers and the ASign By-law@ should be amended to reflect this.
Their design should be consistent with an overall design concept for all signage on the site. This is addressed in the
Design Guidelines.
These signs range from illuminated trailers on wheels to small frame signs usually containing a cardboard insert
advertising a promotion. These are unsightly and not part of the integrated signage design programme required for
automobile service stations and gas bars. They should be prohibited.
Canopy Signs- retain the existing provision with amendment to permit height to 1.1 metre above the canopy
Gas Pump Signs- permit over pumps provided they do not extend beyond the area occupied by the pumps and provided
they contain no third party advertising
Ground and Pedestal Signs- retain existing definitions including height restrictions
Mobile and Temporary Signs- prohibit.
