November 26, 1998

To:Toronto Community Council

From:Commissioner of Urban Planning and Development Services upon application by David A. Butler, The Butler Group (Consultants) Inc. 300-11 Hazelton Avenue, Toronto M5R 2E1 on behalf of Imperial Oil

Subject:866 Avenue Road - Preliminary Report on Application 198006 for Amendments to the Official Plan and Zoning By-law to permit the redevelopment of an automobile service station to a combined gas bar and convenience store

(North Toronto)

Purpose:To introduce a proposal to convert the site to a combined gas bar and convenience store, and seek direction to hold a public meeting.

Source of Funds:Not applicable.

Recommendations:

It is recommended that:

1. I be requested to hold a public meeting to discuss the revised application, and to notify owners and tenants within 300 metres of the site, area residents associations and the Ward Councillors.
2. The owner be advised that, prior to final Council approval of this project, the owner may be required to submit a report, audit and management plan which provides for the remediation of soil and groundwater from any hazardous materials on the site.

3. The owner be advised that, prior to final Council approval of this project, the owner may be required to submit a Noise Impact Statement. The owner will be further advised of these requirements as they relate to this project by the Commissioner of Works and Emergency Services.

Comments:

The Site and Proposal

The proposal is to demolish the existing service station building and construct a self-serve gas bar and convenience store / station attendant building. New pump islands, fuel storage tanks and a canopy structure will be constructed. Access driveways would be modified to use only the existing southern driveway on Avenue Road and the existing driveway on Chaplin Crescent. Four parking spaces are proposed, one of which will be for handicapped persons. New signage, both freestanding and attached to the store and canopy, is proposed. The plan includes new landscaping, fencing and a walkway connection to the adjacent Belt Line Park.

This site, at the south-west corner of Avenue Road and Chaplin Crescent, borders the Belt Line Park and Forest Hill Road Park on the south, and is adjacent to detached dwelling houses to the west, north and north-east. A 'Petro Canada' gas bar to the east at 861 Avenue Road, also exists as a legal non-conforming use within this residential area. Avenue Road is a major arterial road with high traffic volumes and Chaplin Crescent functions as a collector, although both roads are almost entirely residential in character south of Eglinton Avenue West.

An auto service station has been established at this location for many years, and the present building, which is distinguished by fieldstone facing, was reportedly designed by prominent Toronto Architect Peter Dickenson and constructed about 1962. It was expanded pursuant to a favourable Committee of Adjustment decision in 1989.

Applicable Planning Controls

The site is designated as a Low Density Residence Area in both the Official Plan and the Yonge-Eglinton Part II Plan. It is located within an R2 (residential) zone district. The service station exists as a legal non-conforming use. The Planning Act recognizes legal non-conforming uses and permits their continued operation indefinitely, but sets close limits and conditions on changes or expansion. City planning policy on legal non-conforming uses is discussed below.

Related Study and Reporting

The Zoning By-law of the former City of Toronto (438-86) distinguishes between conventional 'automobile service stations' and 'gas bars' and there is no general permission for the latter use at this time, even within commercial districts. I have recommended, (Proposals Report - Automobile Service Stations and Gas Bars, November 2, 1998) that these classifications be combined and generally permitted within mixed-use and industrial districts conditional upon size limits for kiosks and new site planning and sign control measures. This matter is proceeding to public meetings and consultation with the industry prior to a Final Report.

Reasons for the Application

The development of a gas bar / convenience store is a change of greater magnitude than what may be considered routine extensions to a legal non-conforming use as typically comes before the Committee of Adjustment. The application requests that the Official Plan and Zoning Bylaw be amended to permanently recognize a gas bar / convenience store use with an appropriate commercial classification.

Discussion

This application arises in a context where the form and pattern of gasoline retailing in Toronto, or elsewhere, has changed considerably from the traditional 'automobile service station' over the past couple of decades. This period has seen the advent of self serve gas bars, the addition of alternate fuels such as propane and compressed natural gas, and within the area of the former City of Toronto, a large net reduction in the number of gasoline retailing facilities, many of which have now been totally redeveloped. More recently gas retailing has commonly been integrated with convenience store or fast-food retailing and automotive repair and servicing functions have been abandoned by the gasoline distributors or become the business of specialist facilities elsewhere.

Approval of this application would mean a change to the land use elements of the Official Plan as the proposed use is not permitted within Residence Areas and Section 16.23 states that in the long run, non-conforming uses should cease to exist, so that the land affected may revert to a use conforming to the Official Plan and Zoning By-law. Here, that would be low density residential buildings or other 'R2' district uses such as community facilities.

The Plan also has policies on process in those circumstances where amendments to recognize the legal non-conforming use are considered. Before Council concurs with any extension or enlargement, the Plan provides that it must first consider the feasibility of acquiring the site for permitted redevelopment, and then evaluate the proposal against the various requirements set out in Section 16.26. Initial discussions with the applicant indicate that it is not their intention to sell the site or to redevelop it for residential purposes and this application expresses their intention to continue gasoline retailing at this location. If the applicant's position changes, I will request the Commissioner of Corporate Services to report to Council on the feasibility of acquiring the property at 866 Avenue Road.

Land Use Issues

This application raises two basic questions of land use policy. One is whether any commercial use should continue, or whether the site should now revert to residential uses. Reversions of legal non-conforming uses, as contemplated by the Official Plan, have very frequently occurred over the years, but in most cases do so at the initiative of the owner, sometimes with City support in the form of planning approvals to facilitate construction of a given design. Processes for the City to accomplish this without the cooperation of the owner are available but are expensive and time-consuming, and have mainly been employed in the past for cases of noxious industrial uses within residential areas.

The second land use question is whether the addition of a convenience store is appropriate in the circumstances. Further study and information is required before I can assess to what extent the retail function may add to the overall impact of the development.

The application also raises what I now consider a peripheral land use and zoning issue, which is the conversion of an automobile service station to a gas bar. The policy developed in the general study noted above suggests this is not an important distinction.

In general, I consider that this proposal is sufficiently feasible in terms of these basic land use questions to warrant community discussion and further work. The current approach to this application is, therefore, to investigate how planning concerns for a gas retailing facility in these somewhat unique circumstances might be addressed in terms of site planning techniques or restrictions, and to carry out the process directed by the Official Plan where a legal non-conformity is to be extended or enlarged. To this end the applicant has withdrawn the initial proposal and resubmitted one which endeavours an improved response to the character of the surrounding residential and parks area.

Site Planning Issues and Objectives

While all potential issues cannot conclusively be identified at this point, this application will be evaluated on the degree to which it responds to the following objectives or questions:

Massing, Built Form and Landscaping: Buildings, including canopies and fencing, should have a scale, location and finish reasonably compatible with a residential district and adjacent uses, protected by planting, screening, setbacks or other devices. The site plan should also respond to the adjacent Belt Line park character and functions. There should be a very high standard of landscaping.

Signage and Lighting: Signage and lighting design should recognize that this is a residential rather than commercial area and in general, should be the minimum size and prominence required.

Traffic and Parking: Traffic, including pedestrian traffic, and parking conditions on the site should be maintained or improved, and traffic impacts upon the area relative to current conditions should not be significantly affected.

Noise: Noise from the gas bar operation is a potential concern and I have recommended this be examined with a specific study.

Heritage Issues: The planning review should include an assessment as to whether the existing building has heritage value and recommend a response if required.

Site Plan Control: If this application is approved, a condition of such approval should be that this site become the subject of a site plan agreement or undertaking to secure the plans, landscaping and facilities, notwithstanding that at the present time, buildings of this size would be exempt from site plan control.

Soil and Groundwater: As a gas station, this site has the potential for soil or groundwater contamination. Section 2.20 of the Toronto Official Plan states "that no development proposed for sites affected by contaminated soil or groundwater shall be permitted without the completion and, if necessary, implementation of a soil and groundwater management plan for the site."

Conclusions:

I find that the application as revised responds sufficiently to planning issues identified to date so as to merit further review and public discussion.

Contact Name:

Bruce McCormick

City Planning Division, North Section

Telephone 392-1306

Fax 392-1330

E-mail bmccormi@city.toronto.on.ca

Beate Bowron, Director, South District

Community Planning Division

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APPLICATION DATA SHEET

Confirmed Municipal Address:866 Avenue Road

PLANNING CONTROLS (For verification refer to Chief Building Official)

PROJECT INFORMATION