Application for Amendment to the Zoning Code -

Shell Canada Limited, 320 Burnhamthorpe Road - File No. Z-2257

 The Etobicoke Community Council after considering the deputations, written submissions filed and the report of the Commissioner of Urban Development, Etobicoke District (May 27, 1998) and the supplementary report of the Commissioner of Urban Development, Etobicoke District (July 22, 1998) and for the reason that the proposal is not an appropriate use of the lands, recommends that the application submitted by Shell Canada Limited, regarding a zoning by-law amendment for 320 Burnhamthorpe Road, be refused:

 The Etobicoke Community Council reports having held a statutory public meeting on June 25, 1998, in accordance with Section 34 of the Planning Act, and that appropriate notice of this meeting was given in accordance with the Planning Act and the regulations thereunder; at which time the Etobicoke Community Council:

(i)referred the matter to the next meeting of the Etobicoke Community Council for a continuation of the public meeting;

 (ii)requested the applicant to reconsider the issues raised by residents, namely, improved fencing, no overnight operation, and some type of security plan; and

 (iii)requested the Commissioner of Urban Development, Etobicoke District, to report to the Community Council at the continuation of the public meeting on July 22, 1998, with respect to conditions to approval that would address these issues:

 The Etobicoke Community Council submits the following report (May 27, 1998) from the Commissioner of Urban Development, Etobicoke District:

 Purpose:

 To consider a site specific proposal to amend the Zoning Code with respect to the property located at the southwest corner of Burnhamthorpe Road and Martin Grove Road to permit the conversion of the existing service station garage bays to accessory retail floor space to accommodate a convenience store and food sales in conjunction with an existing service station operation.

 Funding Sources, Financial Implications and Impact Statement:

 City funding is not required. There are no impacts on capital or operating budgets.

 Recommendation:

 It is recommended that the application by Shell Canada Limited be the subject of a Public Meeting to obtain the views of interested parties and, if approved, that the conditions outlined in this report be fulfilled.

 Background:

 The subject site is located at the southwest corner of Burnhamthorpe Road and Martin Grove Road. The existing service station was constructed in 1969. The current service station operation includes two self-serve pump islands and a service building containing a gasoline pay point counter, offices, washrooms and three service bays for car maintenance and repair.

 Proposal:

 Shell Canada Limited, the owner of the existing service station, proposes to convert the existing three bay garage into 98 square metres (1,055 square feet) of accessory retail floor space to accommodate a pay-point counter and a convenience store which would provide food sales by a third party tenant. The balance of the area, approximately 82 square metres (863 square feet) would be devoted to staff offices, washrooms, storage, utility and mechanical areas.

 The proposal does not involve any change to the size of the building, the number of gasoline pumps or the size or location of the existing canopy. However, the appearance of the property would be enhanced with new cladding to the building and canopy areas, new signage and lighting. A new garbage enclosure would be located in the southwest corner of the property and eight parking spaces would be provided along the south property line.

 Exhibit No. 1 is a map showing the location of the subject property and surrounding zoning. Exhibits Nos. 2, 3 and 4 are reductions of the site plan and elevations, respectively. A summary of the site data is listed in Table One.

The lands located to the north are zoned Neighbourhood Commercial (CN) and the lands located to the east are zoned Limited Commercial (CL). These sites are occupied with retail stores including restaurants, convenience stores, a bank, video store and cleaners. A newly constructed vacant building also stands at the southeast corner of the intersection. This site has been the subject of a Zoning Amendment application and a Committee of Adjustment application both of which requested restaurant uses. In both of these applications, staff note that restaurant uses were not granted.

 Lands located to the south are zoned Second Density Residential (R2) and are occupied primarily by single detached homes. The property immediately to the west is zoned Fourth Density Residential (R4) and is occupied by a duplex dwelling (Exhibit No. 1).

 Comments:

 Official Plan:

 The site is designated Low Density Residential in the Official Plan which permits existing service stations and local retail facilities of a type, scale (not exceeding 1 000 m² [10,764 square feet] of floor space and orientation related to the surrounding neighbourhood. As the proposed gas bar and accessory retail uses would serve the surrounding residential properties, as well as the travelling public, the proposed development conforms with the Official Plan.

 Zoning Code:

The subject property is zoned Limited Commercial (CL), as amended by By-law No. 757 and Committee of Adjustment Decision A-161/76, which provides for minimum distances between ramps, minimum lot frontages, and permits certain setbacks for the existing canopy, respectively. In addition, the Supplementary Regulations for Service Stations, as outlined in Section 320-21 of the Zoning Code, limits the sale of convenience products from service stations to pop, cigarettes, chips, etc., with a maximum sale area of 20 square metres (215 square feet).

 Therefore, in order to permit a larger accessory retail component (98 square metres [1,055 square feet]), offering an expanded range of convenience items and food sales in conjunction with a service station operation, amendments to the Zoning Code would be required. However, staff are concerned with the potential for more intensive impacts associated with food preparation and sales involving the use of a full commercial kitchen which must include a grease and vapour removal mechanical exhaust system. As such, staff recommend that the amending by-law permit a convenience store and food sales in conjunction with and accessory to a service station operation, with a prohibition on commercial kitchens and seating for the consumption of foods. The by-law should also specify a maximum size of 100 square metres (1,066 square feet) for the retail floor space and identify garbage enclosures as a permitted accessory use.

 Agency Comments:

 The Health Department, Realty Services, Toronto Transit Commission and the Fire Department have expressed no concern with the proposal. No comments have been received from Parks and Recreation Services and Toronto Police Services to date.

 The Transportation Section of the Works Department has advised that the proposed parking supply, driveway layout, on-site circulation and location of the garbage containment enclosure are satisfactory. However, the Burnhamthorpe Road driveway width must be increased to 9.0 metres and the curb radii must be increased (Exhibit No. 5).

 The Development Engineering Section of the Works Department has advised that the applicant is required to extend the sidewalk on Martin Grove Road through the existing driveways and provide a statement from a qualified environmental consultant confirming that the soil and ground water conditions on the site are suitable for the intended change in use in the building (Exhibit No. 6).

 Toronto Hydro has no objection to the application subject to their standard conditions of approval (Exhibit No. 7).

 In order to ensure sufficient screening, buffering and an upgrade to the very limited on-site landscaping, staff of the Urban Development Department recommend that a landscape plan be submitted to the satisfaction of the Staff Advisory Committee on Development Control prior to the passing of by-law, should the application be approved.

 Community Meeting:

 A community meeting was held on March 9, 1998, to allow area residents an opportunity to review the proposal. Concerns expressed by area residents related to traffic; potential 24 hour operation; food sales and food preparation; gas odour impact; impact on existing convenience stores; need for automotive services; possible noise impacts; location of parking areas; inadequate customer parking; conflict with existing driveways; safety of school age children on Martin Grove Road; need for additional screen fencing/planting; on-site safety and security; poor property management practices; and, declining property values. The concerns related to planning matters have been discussed in this report, and will be further reviewed during the Site Plan Control approval process.

 Parkland Contribution:

 As the existing building is less than 929 square metres (10,000 square feet) in floor area, the two percent cash-in-lieu of parkland contribution would not apply.

 Conclusions:

 The proposed gas bar and the accessory retail sale of convenience items and food would be in conformity with the relevant Official Plan policies. The proposed uses are compatible with each other and surrounding land uses and could be accommodated from a design and transportation perspective. However, food services/preparation should be limited to only those items which do not require the use of a commercial kitchen in the preparation of the product. Given the size of the proposal, no impact on surrounding retail operations is anticipated.

 Conditions to Approval:

1.Fulfillment of the following conditions prior to the enactment of an amending by-law:

 (i)Receipt of satisfactory comments from Toronto Police Services and Parks and Recreation Services.

 (ii)Confirmation that the applicant has satisfied the requirements of the Works Department with respect to environmental issues.

 (iii)Submission of a landscape plan to the satisfaction of the Staff Advisory Committee on Development Control.

 2.The amending by-law shall confirm the existing Limited Commercial (CL) zoning of the site and permit an accessory paypoint\retail convenience operation with food services only in conjunction with a service station operation, subject to the following provisions:

 (i)The maximum gross floor area associated with the service station shall not exceed 180 square metres (1,927 square feet), of which not more than 100 square metres (1,066 square feet) may be used for the retail of convenience items and food sales.

 (ii)Commercial kitchens and seating for the consumption of prepared foods shall be prohibited.

(iii)Parking shall be provided at the rate of 4.0 parking spaces per 93 m² (1000 square feet) and shall include one handicapped space.

 (iv)Garbage enclosures shall be permitted as an accessory use.

 (v)Development standards to reflect existing landscaped areas and building, garbage enclosure and canopy setbacks.

 3.Further detailed consideration of the proposed development under the Site Plan Control provisions to include, inter alia, the signing of a Site Control Agreement and payment of financial guarantees and applicable development charges.

 Contact Name:

 Paul Zuliani, Area Planner, Development and Design

Tel: (416) 394-8230 Fax: (416) 394-6063

 The Etobicoke Community Council also submits the following report (July 22, 1998) from the Commissioner of Urban Development, Etobicoke District:

 Purpose:

 This report has been prepared to provide additional information to the Etobicoke Community Council as requested at the public meetings of June 25, 1998.

 Recommendation:

 It is recommended that the information submitted by Walker, Nott, Dragicevic Associates Limited on behalf of Shell Canada Limited be received for information in conjunction with the planning reports dated May 27, 1998, which were previously received by the Etobicoke Community Council.

 Background:

 At public meetings held on June 25, 1998 for the abovementioned applications, the Etobicoke Community Council deferred the matters to the meeting of July 22, 1998, in order to receive further information from Shell Canada Limited regarding hours of operation, and grading, security and fencing for the project at 320 Burnhamthorpe Road. The City Solicitor was also requested to provide a report regarding possible restrictions on hours of operation as a result of new legislation pertaining to licensing.

 Walker, Nott, Dragicevic has submitted a letter (Exhibit No. 1) on behalf of Shell Canada Limited indicating that the applicant will not restrict their hours of operation, but would prefer hours of operation to be based on business considerations like other similar retail operations. Insofar as the matters of landscaping, drainage, and screening are concerned, the applicant has indicated that these matters can and will be dealt with at the site plan approval stage. They have also indicated that security and lighting are significant design considerations for the applicant, which will also be addressed at the site plan stage.

 Conclusion:

 Staff note that the planning reports dated May 27, 1998, recommended that landscape plans, which would contain grading, fencing, security and landscaping details, be provided to the satisfaction of the Staff Advisory Committee on Development Control prior to the adoption of any zoning by-law. As the conditions of approval contained within the planning reports of May 27, 1998, would adequately deal with the identified issues, except for hours of operation, staff do not recommend any additional development conditions. Any restrictions on hours of operation should be dealt with separately in accordance with the report from the City Solicitor.

 Contact Name:

 Paul Zuliani, Area Planner, Development and Design

Tel: (416)394-8230; Fax: (416)394-6063

 The Etobicoke Community Council also submits the following report (July 20, 1998), from Reble, Ritchie, Green & Ketcheson, City Solicitors, Etobicoke District:

 Purpose:

 The purpose of this report is to advise you as to whether site specific hours could be implemented by way of licensing.

 Funding Sources, Financial Implications and Impact Statement:

 None.

 Recommendation:

 This report is received for information only.

 Council Reference/Background/History:

 At the Community Council meeting held on June 25, 1998, an application for an amendment to the Zoning Code was considered to permit the conversion of the existing service station garage bays to accessory retail floor space. Concerns were raised by the residents that the retail floor space would be operational 24 hours a day.

 Etobicoke Community Council then inquired as to whether the City could, by way of licensing, regulate the hours of this business on a site specific basis.

 Comments and/or discussion and/or Justification:

 We have reviewed the licensing powers available to the City and have discussed this matter with the solicitor for the Licensing Board. The general licensing provisions of the Municipal Act give the City wide licensing powers. However, the City cannot use these general licensing powers to regulate business hours for site specific locations.

 Conclusions:

 It is not possible to regulate the hours of business of this proposed 24-hour retail shop by means of licensing.

 Contact Name:

 John R. Hart, Reble, Ritchie, Green & Ketcheson, Solicitors

Tel: (416) 622-6601; Fax: (416) 622-4713

 (Copies of the Exhibits referred to in the foregoing reports were forwarded to all Members of Council with the agenda of the Etobicoke Community Council meeting of July 22, 1998, and copies thereof are on file in the office of the City Clerk.)

 The Etobicoke Community Council submits the following communication (April 4, 1998) from Mr. C. Darrow:

 I am a home owner at 189 Shaver Avenue North and I strongly object to Shell Canada's application to amend the existing service station garage to an accessory retail store.

 We already have Giselle's store across the road, a pizza parlour and fish and chips store; and on the next corner, two convenience stores and a pizza parlour. The garage servicing cars is needed more than another convenience store.

 I repeat I am strongly against any such change and so are a number of my neighbours.

 P.S. It would be ridiculous and harmful to the existing tax paying business for this to be approved.

_____

 The following persons appeared before the Etobicoke Community Council on behalf of the applicant in connection with the foregoing:

-Mr. R. Dragicevic, of Walker, Nott, Dragicevic Associates Limited, Planning Consultants; and

 -Mr. P. Smith, of Shell Canada Limited.

 The following persons appeared before the Etobicoke Community Council expressing concern regarding the proposal:

-Mr. G. Kapsa, who indicated that the changes in the marketing policies of the oil companies will impact his life style, impacting on his privacy and property value as the abutting property owner, expressed concern about the 24-hour operation, pollution caused by cars idling, loitering and littering, and the need for appropriate fencing and security to protect his property, maintenance, as well as proper grading of the property;

 -Dr. R. Croucher, who expressed concern about the gradual erosion in life style as a result of commercial development in a residential area, seeking further clarification on what type of retail would be in the new building, noting the impact of proposed signage on traffic visibility and safety, the artificial grading level of the existing service station site and its impact on the abutting property;

 -Mr. G. Babiarz, concerned about idling vehicles during the night and loud music from car radios, protection of the neighbourhood from vandalism, poor maintenance that currently exists on the service station site, including grass cutting and snow removal, litter, drainage, and the negative impact of introducing additional commercial uses into a residential area, and submitting a petition with 116 signatures in opposition to the proposal; and

 -Mr. C. Darrow, who expressed the opinion that another convenience store in the neighbourhood is ridiculous, as well as creating additional litter such as popcans, food wrappers, etc.