August 19, 1999

To:Chair and Members, Etobicoke Community Council

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

Subject:Amendments to the Zoning Code

Allerton Investments Limited (Shell Canada Limited)

230 Lloyd Manor Road

File No. Z-2259(Markland - Centennial)

Purpose:

To consider a site specific application to amend the Zoning Code to permit the development of a new service station with a convenience store for a property located at the southwest corner of Eglinton Avenue West and Lloyd Manor Road.

Funding Sources, Financial Implications and Impact Statement:

City funding is not required. No impacts on capital or operating budgets have been identified at this time.

Recommendation:

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

Background:

The site is currently occupied by a service station. An application was first received on December 16, 1997, to permit the conversion of the existing service station garage bays to accessory retail floor space to accommodate a convenience store, food sales and a drive through pick-up window in conjunction with an existing service station operation with a total gross floor area of 223 m2 (2,400 sq. ft.). The application was recently revised and resubmitted on June 15, 1999, to permit the development of a new service station with a convenience store. However, the previously proposed drive-through component has been eliminated.

The lands located to the south of the site are zoned First Density Residential (R1) and are occupied by single detached homes. The Lloyd Manor Plaza is located to the east and is zoned Planned Local Commercial (CPL). This mall contains a number of commercial stores including a food store, a bank and convenience stores. Abutting the site to the west is Martin Grove Collegiate Institute which is zoned Fourth and First Density Residential (R4 and R1). To the north, across Eglinton Avenue, are high rise apartments zoned Fourth Density Residential (R4) (Exhibit No. 1).

Proposal:

Shell Canada Limited proposes to demolish the existing facilities and construct a new 242 m2 (2,500 sq. ft.) building containing a convenience store with pay-point counter, public and staff washrooms, storage and office space. The convenience store would occupy approximately 150 m2 (1, 615 sq. ft.) of the building floor area. A new canopy, pump islands and separate garbage enclosure would also be provided, along with eight parking spaces (Exhibit No. 2).

Exhibit No. 1 is a map showing the location of the subject property and surrounding zoning. Exhibit No. 2 is a reduction of the site plan. The following is a summary of the site data:

* Note:

150 m2 (1,615 sq. ft.) of retail area, excluding walk-in refrigerators and 92 m2 (990 sq. ft.) of space for other utility uses.

Comments:

Official Plan:

The Metropolitan Official Plan designates the lands as Metropolitan Corridor which permits a mix of employment, residential and other uses. The site is designated Low Density Residential by the Etobicoke Official Plan which permits existing service stations and local retail facilities of a type, scale (not exceeding 1000m2 [10,764square 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. 13,207 which among other things, limits permitted uses to a gasoline service station only. In addition, 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).

Therefore, in order to permit a larger accessory retail component (150 m2 [1,615 sq. ft.]), offering an expanded range of convenience items and food sales, 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 is in effect a restaurant. A full commercial kitchen 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 approximately 150 m2 (1,066 sq. ft.) for the retail floor space, identify garbage enclosures as a permitted accessory use and repeal a portion of By-law No. 13,207.

Site Plan Issues:

In accordance with the concepts contained in the Design Guidelines for Service Station Redevelopment, recently adopted for the South District planning area, Planning and Urban Design staff met with the applicant in an attempt to address issues related to the location of the building, canopy and driveways, width of landscaping, fencing and screening. Shell has revised their plans in an attempt to address these issues by shifting the proposed building closer to the south-east corner of the site, eliminating the northerly most driveway on Lloyd Manor Road and increasing the width of landscaped strips around the site. This has made it possible to establish a direct pedestrian connection to Lloyd Manor Road and has eliminated the drive-through component of the application, thereby reducing off-site impacts to the abutting residential use to the south and to the transportation network. Planning staff are in support of the revised site layout. Issues with respect to the landscaping of the site, should be resolved to the satisfaction of the Community Planning Division, prior to the enactment of an amending by-law.

Agency Comments:

The Public Health Division, Facilities and Real Estate Division, Fire Services Division, Toronto Transit Commission and Toronto Hydro have expressed no concern with the proposal. Parks and Recreation Services Division have advised that their parkland dedication requirements would not apply given the size of the proposed building.

The Transportation Planning Division of Works and Emergency Services previously indicated that the proposed parking supply, driveway layout, on-site circulation and location of the garbage containment enclosure are satisfactory. However, staff have a concern with the location of the driveway on Lloyd Manor Road and with the design and radii of the revised driveways. The applicant must address these design details at the site plan stage (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).

Community Meeting:

A community meeting was held on February 16, 1998, to allow area residents an opportunity to review the proposal. Concerns expressed by area residents related to: traffic; hours of operation; food sales; lack of retail demand; impact on existing convenience stores; need for automotive services; noise and impact from ventilation/mechanical units; location of parking areas; inadequate customer parking; conflict with existing driveways; 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.

With respect to the concern regarding hours of operation, staff would note that the existing gas facility operates 24 hours a day. Staff have consulted with the City Solicitor regarding this matter and have been advised that the municipality does not have the authority under Section 34 of the Planning Act to regulate hours of operation through a zoning by-law. The Municipal Act provides some authority to restrict the hours of operation of commercial establishments, but only on a class basis and not on an individual site specific basis. It is also interesting to note that the Committee of Adjustment through Section 45 of the Planning Act has the authority to impose conditions in their decisions which could include a restriction in the hours of operation of an establishment.

Conclusions:

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 regarding screening and planting, and which provide for extensive upgrades to the site and adjacent public boulevard, the proposal represents an appropriate land use. 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, and no seating should be permitted. Given the size of the proposal, no impact on the planned function of existing retail centres in the area is anticipated.

Conditions to Approval:

1.Prior to the enactment of an amending by-law the applicant shall submit a landscape plan to the satisfaction of the Community Planning Division of the Urban Planning and Development Services Department.

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:

Section 2 of Zoning By-law No. 13,207 shall be repealed.

(ii)The maximum gross floor area associated with the service station shall not exceed 250 m2 (2,691 sq. ft.) of which not more than 150 m2 (1,615 sq. ft.) may be used for the retail of convenience items and food sales.

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

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

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

3.Further detailed consideration of the proposal under the Site Plan Control provisions to include, inter alia, 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:

Paul Zuliani, Senior PlannerTel: (416) 394-8230

Community Planning, West DistrictFax: (416) 394-6063