Preliminary Evaluation Report

P97007/Z97019/S97039 - Imperial Oil Limited

Sheppard Avenue and Kingston Road

Ward 18 - Scarborough Malvern

The Scarborough Community Council recommends the adoption of the following report (March 18, 1998) from the Commissioner of Planning and Buildings, Scarborough:

Purpose:

(1) To report to Council on the comments raised at the February 9, 1998 community information meeting; and

(2) to obtain instructions for the City Solicitor regarding the City's position at the Ontario Municipal Board hearing scheduled for April 20, 1998.

Recommendations:

It is recommended that:

(1) Scarborough Community Council recommend that the Council of the City of Toronto direct the City Solicitor to appear at the Ontario Municipal Board in support of the submitted applications on the basis of the following:

A. Official Plan

That the Rouge Community Secondary Plan be amended with respect to the lands located at the northwest corner of Kingston Road and Sheppard Avenue, being Part of Lots 1, Concession 2, by deleting from Numbered Policy 17 all references to "a Tourist Information Centre is considered to be a Primary Use" and retaining provision for a Tourist Information Centre as a use. In addition, the Numbered Policy also be amended to permit a service station including a car wash, convenience store and restaurant as a primary use on the property.

B. Zoning By-law

That the Rouge Community Zoning By-law No. 15907, as amended, with respect to the lands located at the northwest corner of Kingston Road and Sheppard Avenue, being Part of Lot 1, Concession 2, be amended as follows:

(1) delete the requirement that a service station and car wash buildings only be permitted within 50 metres (164 feet) of the westerly lot line;

(2) delete Subsection 3.1 from the text from Exception Number 3 and replace it as follows:

Notwithstanding the uses permitted in the Office Uses (OU) zone, only the following uses shall be permitted:

- Offices, Places of Worship, Tourist Information Centre, and a Service Station which includes ancillary restaurant and mechanical and automatic car wash uses;

C. Council authorize such unsubstantive technical, stylistic or format changes to the said Official Plan and Zoning By-law to properly carry out the intent of the resolution;

D. Site Plan Control:

(1) that the concept for the proposed service station development, as generally indicated on the drawing entitled, "Site Plan" (Figure 2) dated February 9, and"Elevation Plans" (Figures 3 & 4) dated February 19, 1998, be supported, subject to the owner and the City entering into and registering on title, the City's Site Plan Control Agreement incorporating the following provisions:

1.1 all refuse storage is to be contained within the buildings;

1.2 site lighting is to be constructed such that the angle of illumination does not extend onto the adjacent public streets;

1.3 all mechanical and other equipment located on the roof must be screened or integrated into the profile of the buildings to the satisfaction of the Commissioner of Planning and Buildings, and any changes to the roofline as denoted on the drawings shall constitute a change to the site plan, which must have prior written approval of the Commissioner of Planning and Buildings;

1.4 all work required by this agreement is to be completed within two years from the date the agreement is registered on title;

(2) prior to the issuance of final Site Plan Control Approval, the owner is to revise the site plan to address the following matters:

2.1 revise the stacking lane for the car wash; and

2.2 provide additional landscaping and signage details for the corner of Kingston Road and Sheppard Avenue;

(2) Council deem the sign proposed to identify the Community or the City to be located at the corner of Kingston Road and Sheppard Avenue to be an Official Sign; and

(3) Council direct staff to hold a further Community Information Meeting with those in attendance at the February 9, 1998 meeting to obtain the community's comments on the site plan revisions.

Background:

Imperial Oil Limited is proposing to develop the vacant .76 hectares (1.8 acres) located at the northwest corner of Sheppard Avenue and Kingston Road with a service station complex consisting of gas pumps, a 230 square metres (2,500 square feet) tunnel car wash and a 200 square metres (2,150 square feet) kiosk building containing a food outlet and tourist information display area at a total density of 12 percent of the area of the lot.

In order to permit the proposed uses the applicants filed applications to amend the Official Plan and Zoning By-law to remove the provisions which require the owner to construct a tourist information centre as a primary use and to remove the zoning restrictions requiring the service station and car wash buildings to be located a maximum of 50 square metres (160 feet) from the westerly lot line.

Due to Council's failure to make a decision on these applications, the applicant appealed the applications to the Ontario Municipal Board. A full hearing on the three matters is scheduled for April 20, 1998.

The subject site is designated Office Uses in the Rouge Community Secondary Plan and by a Numbered Policy a tourist information centre is permitted as a Primary Use. The tourist information centre is intended to provide information and services for the benefit and assistance of the travelling public with respect to accommodation, food, recreation sightseeing and similar services such as a gift shop and restaurant. Service stations, including a car wash, may be permitted only in conjunction with a Tourist Information Centre.

The land is zoned Office Uses (OU) permitting only Offices, Places of Worship and a Tourist Information Centre. By exception, a restaurant, gift shop, service station and car wash uses are permitted in conjunction with a Tourist Information Centre. The By-law defines a Tourist Information Centre as a centre which provides information for the benefit and assistance of the travelling public with respect to accommodation, food, recreation, sightseeing and similar services.

The site is under Site Plan Control and an application to implement the proposed uses has been submitted.

Council, in considering the Preliminary Evaluation Report on these applications, directed staff to convene a Community Information Meeting and report back to Council regarding the concerns raised at the meeting and to provide Council with recommendations with respect to the further processing of the applications.

Community Information Meeting

A Community Information Meeting was held on February 9, 1998, attended by sixteen members of the public and the Ward Councillors. In summary, the following comments were raised at this meeting:

(1) Concern was expressed that full turning movements should be provided to the site at both driveway locations. Concerns were raised that if a tourist information centre was constructed, a significant volume of traffic may infiltrate into the community. Concern was also raised that the number of traffic accidents may increase at this intersection as a result of this application.

(2) Concern was expressed on site plan matters regarding how garbage would be handled on site and whether there would be sufficient garbage containers to ensure garbage did not blow around the site; adequacy of lighting; potential fumes and spills; on site security measures; noise; and the hours of operation. In addition, the residents indicated that the Landscape Plan should be revised to reflect the importance of the intersection. Signage should also be provided identifying the community name and/or the City of Toronto.

(3) One individual expressed concern that the City would be ill served by another gas bar at what should be a gateway to the City of Toronto. It was suggested that the corner should be used as a tourist information centre such as the one by Shell in Mississauga along Highway 401.

Comments:

(1) The applicant has submitted a traffic study which has been reviewed by Transportation Staff, who have indicated that the proposal will function well with no adverse impact on the surrounding road network. Staff confirm that full turning movements will be permitted at both driveway locations. On site operations have also been reviewed based on a review of other similar sites and staff conclude that the site will operate safely.

(2) The proposed service station and convenience store will operate 24 hours a day. On site surveillance cameras and adequate lighting will be provided to ensure the safety of the patrons and employees. Lighting will be erected in such a manner so as to minimize the impacts on surrounding properties, particularly the condominium building to the north and residential dwelling to the east. On site garbage receptacles and two enclosed garbage rooms will be provided to minimize on-site litter. These matters will be included as part of the site plan control agreement.

The owner has committed to work with the community and staff to improve the landscaping treatment at the corner of Kingston Road and Sheppard Avenue. Discussion has occurred with representatives of the applicant and staff regarding improvements/enhancements to the Site and Landscape Plans to address these concerns. At the time of writing this report revised plans had not been submitted but are expected to be submitted prior to the Community Council meeting. Staff will advise Council of the proposed changes.

Signage identifying the community name is proposed to be included on the revised plans. Staff and the applicant are in agreement that the location of a sign identifying either the City or the community is appropriate at this location. My recommendation requires that signage details be provided prior to the final Site Plan Control approval. However, the zoning does not permit a third party sign on this site. As it is not desirable to remove this prohibition, given the proposed nature of the signage, Council could deem the sign to be an official sign, thereby permitting its incorporation into the site plan while still restricting any other form of third party signage.

(3) Council has already made provision for the proposed uses on this site, subject to the provision of a Tourist Information Centre. In the absence of public monies to construct such a facility it is unlikely that such a use will be developed on this property.

Staff recommend that the Tourist Information Centre continue to be permitted as a use. In the event funds become available to the City of Toronto or Imperial Oil to construct a Tourist

Information Centre, the use would be permitted and there would be no need to amend the Official Plan or Zoning By-law. In the interim, the applicant is prepared to provide an area for maps, brochures, et cetera, of events and facilities within the City of Toronto.

(4) In light of the scheduled Ontario Municipal Board hearing date of April 20, 1998, it will be impossible for staff to prepare a Public Notice and Recommendation Report for Council's consideration. It is staffs' opinion that the proposed official plan and zoning by-law amendments can be supported subject to revisions to the Site Plan.

Contact Name:

Kerri Voumvakis, Manager

Phone: (416) 396-7033

Fax: (416) 396-4265

E-Mail: voumvak@city.scarborough.on.ca