August 25, 1999

To:Chair and Members, Etobicoke Community Council

From:Karen V. Bricker, MCIP, Director of Community Planning, West District

Subject:Amendments to the Zoning Code

Shell Canada Limited

435 Browns Line

File No. Z-2278(Lakeshore - Queensway)

Purpose:

To consider a proposal to amend the Zoning Code with respect to the property located at the northeast corner of Browns Line and Horner Avenue to permit a convenience store in conjunction with a service station.

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.

Proposal:

Shell Canada Limited proposes to demolish the existing facilities and construct a new 185 m² (1,991 sq. ft.) building containing a convenience store with pay-point counter, public and staff washrooms, storage and ancillary office space. A new canopy, kiosks, pump islands (including diesel) and separate garbage enclosure would also be provided, along with nine parking spaces (Exhibit No. 2).

Site Description And Surrounding Land Uses:

The property is located at the northeast corner of Browns Line and Horner Avenue, and is occupied by an existing 3-bay service station, which was constructed in 1959.

The lands located to the north are zoned Third Density Residential (R3) and are occupied by two-storey, semi-detached dwellings which front onto Browns Line. Lands to the east include a two-storey commercial building with a restaurant on the ground floor zoned Limited Commercial (CL). Single detached and semi-detached dwellings which front onto Lunness Road and which are zoned Third Density Residential (R3) abut the rear of the subject site. To the west of the site, on the opposite side of Browns Line is a Toronto Dominion Bank and two-storey commercial buildings zoned Limited Commercial (CL). To the south of the site, opposite side of Horner Avenue, is a one-storey industrial building zoned Class One Industrial (I.C1).

Exhibit No. 1 is a map showing the location of the subject property and surrounding zoning. Exhibit Nos. 2 is a reduction of the site plan. A summary of the site data is listed in the following table.

Comments:

Official Plan:

The site is designated Commercial-Residential Strip in the Official Plan which permits a full range of commercial uses serving both the residential neighbourhood in which they are located and the passing traffic on the arterial road. While additional or expanded automotive uses, including service stations, are precluded in the plan, this application represents an expansion of the retail uses on the site, with a reduction in the automotive services currently provided. The proposed gas bar and accessory retail uses would serve the surrounding residential properties, as well as the travelling public, consistent with the intent of the Official Plan.

Zoning Code:

The subject property is zoned Limited Commercial (CL), which permits service stations and convenience stores as-of-right. However, the Supplementary Regulations for Service Stations, as outlined in Section 320-21of the Zoning Code, limits the sale of convenience products from service stations to pop, cigarettes, chips, etc., with a maximum sale area of 20 m² (215sq. ft.). In order to permit a larger retail component with an expanded range of convenience items and food sales, amendments to the Zoning Code would be required.

Staff have previously identified concerns with food preparation and sales involving the use of a full commercial kitchen in conjunction with a service station operation. As such, any amending by-law to permit a convenience store and food sales in conjunction with the service station, should prohibit commercial kitchens and seating for the consumption of foods. The by-law should also specify a maximum size for the retail floor space and identify garbage enclosures as a permitted accessory use.

Agency Comments:

The Health Department, Realty Services Division, Toronto Police Services and Toronto Hydro have expressed no concern with the proposal. The Fire Department advises that a fire access route is required and that hydrant coverage must be in accordance with Building Code requirements. Parks and Recreation Services advise that their parkland dedication requirements would not apply.

The Transportation Section of the Works Department has advised that they have no objection to the application subject to certain conditions. These conditions are primarily site plan related and can be addressed prior to the issuance of a building permit. The Transportation Section also advises that while the design of the northern-most access driveway to Browns Line is acceptable, its width exceeds the 7.5 m maximum specified in the Zoning Code. The applicant has requested that this width be recognized within the amending by-law (Exhibit No. 3).

The Development Services Section of the Works and Emergency Services Department has advised that a storm water management report is required and that storm water quality may be addressed through a cash-in-lieu payment. Driveways and sidewalks are to be constructed in accordance with City standards. The applicant is also required to submit environmental information for peer review to the satisfaction of the City (Exhibit No. 4).

In accordance with the concepts contained in the Design Guidelines for Service Station Redevelopment, recently adopted for the South District Planning Area, Planning staff met with the applicant in an attempt to address issues related to the location of the building and canopy. Given the adjacent property owner's preference to have the building serve as a buffer from the pumping operations, staff have agreed to the proposed site layout. Issues of extensive upgrades to the landscaping of the site, including upgrading the existing screen fence along the easterly property line, and maintaining the mature trees at the rear of the site, should be resolved prior to the enactment of an amending by-law.

Community Meeting:

A community meeting was held on May 17, 1999, to allow area residents an opportunity to review the proposal. The four people who attended the meeting were generally satisfied with the proposal. The adjacent residents to the north of the site expressed a preference that no fencing be introduced along the common property line. They did however, request that the northerly drive servicing this site be relocated further to the south. This change has been reflected in the current proposal.

Conclusion:

The proposed gas bar and the accessory retail sale of convenience items and food would comply with the relevant Official Plan policies. The proposed uses can be accommodated from a design and transportation perspective. Subject to the submission of detailed landscape plans which address the issues discussed with area residents, and which provide for extensive upgrades to the site and adjacent public boulevard, the proposal represents an appropriate land use which should not have any significant impacts on adjacent properties. Food services/preparation, however, should be limited to those items which do not require the use of a commercial kitchen in the preparation of the product

Conditions to Approval:

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

(i)Submission of a landscape plan and appropriate financial guarantee to the satisfaction of the Community Planning Division.

2. The amending by-law shall permit the convenience operation with food services in conjunction with a service station operation, subject to the following provisions:

(i)The maximum gross floor area associated with the service station and retail component shall not exceed 190 m² (2,045 sq. ft).

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

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

(iv)Development standards to reflect landscaped areas, driveway widths, building, garbage enclosure and canopy setbacks.

3.Further detailed consideration of the proposed development under the Site Plan Control provisions including, the signing of a Site Control Agreement, provision of environmental information for peer review, and payment of financial guarantees and applicable development charges.

Contact Name:

Richard Kendall, Principal Planner Tel: (416) 394-8230

Community Planning, West District Fax: (416) 394-6063

Karen V. Bricker, MCIP

Director of Community Planning, West District

RK/nt

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