Recommendations Report -
Official Plan and Zoning Amendment Application
UDOZ-97-26 - Shell Canada Limited -
4021 Yonge Street
North York Centre South
The North York Community Council, after considering the deputations and based on the findings of fact,
conclusions and recommendations contained in the following report (January 7, 1998) from the Acting
Commissioner of Planning, and for the reasons that the proposal, as modified, is an appropriate use of the lands,
recommends that the application submitted by Shell Canada Limited regarding Official Plan and Zoning
Amendment Application for 4021 Yonge Street be approved, subject to the recommendations contained in the
following report (January 7, 1998) from the Acting Commissioner of Planning, with the following additional
conditions:
(1) Recommendation 2.1 be deleted and replaced with the following and Recommendations 2.2 and 23 be
renumbered to 2.1.4 and 2.1.5 and Recommendation 2.4 be renumbered to 2.2:
"2.1 In conjunction with a gasoline service station the following provisions shall apply:
2.1.1 The uses permitted shall be limited to:
(a) one retail store which may include an automated bank machine and the selling of prepared food and beverages
to be consumed off the premises which shall not include a take-out restaurant;
(b) car washing establishment; and
(c) accessory uses to a gasoline service station.
2.1.2 The maximum gross floor area is 420m² with a minimum gross floor area for the car washing establishment of
170m²;
2.1.3 A maximum of 8 parking spaces are required; and
(2) The applicant ensure that the additional opportunities created by removing the take-out restaurant and the
associated drive-through lane and parking are used to enhance the site plan.
The North York Community Council reports having held a statutory public meeting on April 1, 1998, with appropriate
notice of this meeting, in accordance with the Planning Act.
The North York Community Council submits the following report (January 7, 1998) from the Acting Commissioner
of Planning:
Purpose:
The purpose of this report is to recommend an Official Plan and Zoning By-law Amendment to permit an upgrade to the
existing gasoline station
Source of Funds:
Not applicable.
Recommendations:
It is recommended that:
(1) Part D.5, Section 4 of the Official Plan (York Mills Office Centre Secondary Plan) be amended to permit limited
surface parking;
(2) the C1 and C1(45) zoning on the property be amended to General Commercial (C1) exception, subject to the following
provisions:
(2.1) the maximum gross floor areas for uses in conjunction with a gasoline service are:
- retail store 150m²;
- car wash 180m²;
- take-out restaurant 90m²;
(2.2) the canopy area to protect and illuminate the gasoline pumps shall be of a maximum height of 4.3 metres and contain
a maximum roof area of 650m²;
(2.3) the minimum landscaped area shall be 750m²; and
(2.4) the minimum width of each parking space shall be 2.7 metres and shall be 6.7 metres in length for parallel spaces or
5.5 metres in length for other spaces;
(3) prior to the enactment of a zoning by-law, the applicant shall apply for and receive site plan approval, achieving matters
which include the following:
- access and on-site circulation to minimize ingress and egress movements, specifically with respect to the drive-through
facility and car washing establishment;
- lighting, canopy and signage which reflects the site's location at Yonge Street and York Mills Road and proximity to
residential neighbourhoods;
- increased landscaping, including a 3.0 metre landscaped buffer along the rear (east) lot line;
- noise attenuation fencing along the eastern edge; and
- overall site design integration of the new buildings and structures and suitability of parking;
(4) the following be fulfilled as part of the site plan approval:
(4.1) the conditions of the Transportation Department attached in Schedule "E", including conveyance and site plan related
requirements;
(4.2) the conditions of the Public Works Department attached in Schedule "F";
(4.3) the conditions of the Parks and Recreation Department attached in Schedule "G";
(4.4.) the conditions of the Public Health Department, including requirements under the Gasoline Handling Act, attached
in Schedule "H"; and
(4.5) the conditions of the Metro Planning Department attached in Schedule "I", including conveyances, building, location,
access and streetscape permits from Metro Transportation and site and foundation plan approvals from the TTC prior to
issuance of a building permit; and
(5) the appropriate City Officials be authorized and directed to take the necessary action to give effect hereto.
Background:
Proposal:
Shell proposes to redevelop and upgrade its prominent site at Yonge Street and York Mills Road, as shown on Schedule
"C", as follows:
- vehicle repair service component replaced with a new convenience retail store, cashier pay point for self-service
customers, banking machine, washrooms and indoor garbage room;
- full-service attendant's kiosk, connected to the retail store building by an illuminated canopy;
- "third party tenant" (drive-through/take-out restaurant) north of the retail store; and
- car wash and self-serve vacuum island;
- landscaping; and
- parking and directional signage.
Traffic flow for the drive-through facility and car wash would be from south to north. For vehicles entering the site, access
would be obtained from Old York Mills Road, with patrons exiting onto York Mills Road.
A summary of the most pertinent project statistics are set out in Table 1 below:
TABLE ONE - PROJECT STATISTICS
|
SITE AREA |
5,704 m2 |
GROSS FLOOR AREA
Retail Store
Car Wash
Take-out Restaurant
Attendant's Kiosk
TOTAL (Approx.) |
148 m²
176 m²
89 m²
3 m²
416 m² |
FLOOR SPACE INDEX |
0.07 |
CANOPY AREA |
746 m² |
LANDSCAPED AREA |
745 m2 |
PARKING PROPOSED |
15 spaces |
Application UDOZ-97-26 was made under the new Planning Act as it was received after May 22, 1996.
Site Location:
The 5,704m² site is located at the southeast corner of Yonge Street and York Mills Road. A Shell gasoline station with 11
gas pumps and vehicle service repair bays currently exist on the site. There is a high rise complex containing commercial
uses on the north side of York Mills Road. To the south of Old York Mills Road is a TTC station, park and institutional
uses. The west side of Yonge Street in the immediate vicinity is dominated by parkland and open space. Surrounding uses
are primarily low density residential.
Two applications have been submitted on the adjacent site: a temporary use zoning by-law to allow the property to
continue to be used as a pay parking lot and a proposal for a nine-storey, 141-unit residential apartment building, including
a portion of the remnant density from the subject site. The applicant of the residential proposal will need to undertake a
traffic study taking into consideration the change to the Shell site as a result of their proposal.
Official Plan:
The site is designated YMO (York Mills Office) in the York Mills Office Centre Secondary Plan (see Schedule "A") within
Development Area #4, permitting office, retail, financial institutions, service shops, transit facilities, religious and
educational facilities and recreational uses. The maximum FSI (floor space index) is 2.0. All parking facilities are to be
provided in a structure. Therefore, an Official Plan amendment is required to permit the surface parking associated with the
development.
Zoning By-law:
The site has two zones:
- the western half fronting along Yonge Street is zoned C1 (General Commercial) permitting a full range of commercial
uses.
- the eastern half is zoned C1(45) permitting gasoline and service station and accessory uses. This exception by-law was
recently enacted to simply reflect the previous 1969 zoning which permitted the relocation of the gas station as a result of
the subway construction.
An amendment to the zoning by-law is required in order to expand the range of uses on the eastern portion of the site to be
consistent with those currently permitted on the western portion.
Schedule "B" illustrates the existing zoning areas of the site and the wider area.
Comments from Other Departments and Agencies:
The following section summarizes significant comments received from the departments and agencies circulated.
The Transportation Department notes that while 15 parking spaces are shown on the plan, only 14 parking spaces are
required. However, the Transportation Department does not consider the parking space denoted for handicapped use as part
of the total supply as it must be used for the garbage room access as well. Therefore, the actual parking supply on site
would meet the required 14 spaces. Other modifications to directional signage, parking aisle and sidewalks are to be
submitted through a revised site plan, as contained in Schedule "E".
As part of its comments contained in Schedule "F", the Public Works Department provides conditions related to deposit of
funds for the works required on the property, location of the car wash facility in relation to the existing storm sewer, storm
water discharge levels and garbage collection.
The Parks and Recreation Department requests in Schedule "G" that landscaping along the Old York Mills Road frontage
opposite York Mills Park be reviewed during the site plan stage. The Parks and Recreation Department also advises that a 2
percent cash-in-lieu of parkland dedication applies to the application.
The Public Health Department notes in Schedule "H" that it is the applicant's responsibility to notify the Technical
Standards and Safety Authority (TSSA) as required under the Gasoline Handling Act due to the movement of gasoline
storage tanks to occur on the property. Public Health also notes that any environmentally hazardous materials are to be
properly disposed of prior to demolition of the existing service station and that municipal water and sewer services are to
be maintained.
The Metropolitan Planning Department has no objections to the application, subject to several technical requirements
outlined in Schedule "I". The Metropolitan Transportation Department has advised that a conveyance across the frontage of
the property on Yonge Street is required. It also requires specific inbound and outbound directional movements, radii and
signage for the four Metro Road access points, necessitating some plan revisions.
Community Consultation:
A questionnaire was circulated by the local Councillors, with summary comments as follows:
Items were viewed favourably: Items not particularly favoured:
- improved access to the gas pumps; - addition of the drive-through facility;
- upgraded appearance; and - loss of service bays for vehicle repairs;
- improved landscaping. - perceived increases in traffic levels; and
- convenience store 24-hour operations.
There was mixed reaction to the proposal for the addition of a car wash.
A community meeting was held on September 4, 1997. Notes from this meeting are attached as Schedule "D" and other
correspondence is located in the Index to this report. In summary, the following general matters were raised at the meeting
and corresponded quite closely to the completed questionnaires:
(1) additional land uses - combination of uses, particularly the drive-through restaurant and, to a much lesser extent, the car
wash facility in terms of site congestion;
(2) traffic and access - internal management of traffic, traffic levels and access;
(3) site design - a "more residential looking" architectural design, lighting from the canopy and signage to reflect this site's
location close to a residential area; and
(4) environmental standards - the applicant's responsibility for decommissioning the existing tanks and the installation of
new ones, which must follow established standards.
These issues are discussed in the following section.
Discussion:
(1) Land Use
The site is already used as a gasoline and service station at a major intersection, where higher density commercial uses are
permitted. The proposal is in line with most new stations today and represents the types of services commonly included as
accessory to a gas station. The sizes of the buildings proposed are acceptable given the size and location of the site within a
mixed use area, with the density proposed being considerably lower than the 1.0 FSI as-of-right zoning. In addition, the
uses proposed on the eastern portion of the site are already permitted as-of-right in the zoning by-law on the western
portion.
Further review related to the operations of the site and the attainment of appropriate design standards would occur during
the site plan stage and the applicant is required to sign a site plan agreement.
(2) Traffic and Access
The Metropolitan and North York Transportation Departments conclude that the uses and densities proposed are not
"destination" uses. A significant increase in the number of vehicles travelling along Yonge Street or York Mills Road is not
expected from the proposal, including the drive-through and car wash facilities to be added to the site. It is anticipated that
the accessory uses will predominantly serve the persons who are already on site to purchase gasoline.
Restrictive turning movements are included in the conditions of approval requested by Metropolitan Toronto, particularly
with respect to left turns into the site and other restrictions on turning movements. On-site traffic movement is expected to
be improved through the wider aisles between pump islands and adequate parking spaces for patrons to minimize conflicts
between those entering/exiting and others driving or walking to another part of the property. The requirements by
Metropolitan Toronto for car stacking will also contribute to less conflicts, with management of the site's operations
important to the success of the project.
(3) Urban Design
Overall, an upgraded appearance is expected to result from the plan. While the materials to be used by Shell are its
standard, they are generally consistent with upgrades on other sites and are compatible with existing buildings in the area.
The canopy, while relatively long, would provide added weather protection, modern illumination methods, additional space
and safety.
The new zoning standards for gasoline sites apply to this Shell site. Consistent with car wash facilities and retail stores
being permitted on such sites located in "Residential Neighbourhoods", a 3.0 metre landscaping strip and noise attenuation
fence should be added along the rear (eastern) edge of the property. This is particularly important given the existing and
proposed residential development to the east.
While the parking is adequate for the uses proposed, the handicapped space proposed alongside the washrooms at the south
end of the retail store must be moved in order to avoid conflicts with the garbage room provided. The landscaping, pump
islands, canopy, signage, lighting, access details and any other relevant matters will be reviewed further during the site plan
stage.
Conclusions:
The applicant's proposal to upgrade the existing gasoline facility and provide an increased range of accessory services is
within the general land use and density provisions in the York Mills Office Secondary Plan. The inclusion of surface
parking is appropriate given the nature of the use involved, as are the retail uses being sited at the east end of the site. The
proposal, in essence, represents a shifting of the location of the proposed commercial uses to allow them on the eastern
portion of the property, as such uses are already allowed on the western side. It is recommended that an implementing
by-law covering the entire site at the major intersection of Yonge Street and York Mills be approved, subject to conditions
requested from agencies and a detailed review of landscaping, buffering, lighting, signage, servicing, access and other
issues being addressed at the site plan stage prior to by-law enactment.
Contact Name:
Alan Binks, Planner, 395-7100
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A staff presentation was made by Alan Binks, Planner, Planning Department (North York Civic Centre).
The North York Community Council reports also having had before it the following communications:
(i) (March 11, 1998) from Mr. Marty Fruchtman expressing his opposition to the redevelopment;
(ii) (March 6, 1998) from Mr. George G. Flint advising of his opposition to the proposed official plan and zoning by-law
amendments; and
(iii) (January 19, 1998) from A. Mukherjee, P. Eng., Acting Manager, Program and Development Engineering, Metro
Transportation Department advising of required changes to the site plan.
The following individuals appeared before the North York Community Council:
a) Mr. R. Dragicevic on behalf of Shell Canada Limited
Mr. Dragicevic indicated that Shell Canada Limited intends on redeveloping the site. Meetings with the community have
been held on various occasions and it was his understanding that Councillor Flint, Ward Councillor, would be introducing
modifications to the recommendations contained in the planning staff report. His client is prepared to accept those
modifications.
He further indicated that the site has been the subject of a thorough review by the former Metro Works and Transportation
Departments with respect to access points . As a result of that review, there would be no left-turn movements from the
major roadways. His client would be submitting the site plan application as soon as possible. He accordingly requested that
the Community Council endorse Councillor Flint's modifications and that planning staff be requested to expedite the
Official Plan Amendment.
b) Mr. Ying Hope
Mr. Hope indicated that the modifications being suggested by Councillor Flint address many of the concerns expressed by
the residents. However, the introduction of a car washing establishment may have some impact in terms of entry and exit to
the site. He requested the Councillors to take cognisance of this and to involve the Commissioner of Transportation in any
future study of this issue.
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Councillor Feldman, North York Spadina, declared his interest in the foregoing matter in that he resides in the immediate
vicinity of the development application.
(The various schedules referred to in the foregoing report are on file in the office of the City Clerk, North York Civic
Centre.)