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

Petro Canada

830 Burnhamthorpe Road

File No. Z-2287(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 southeast corner of Burnhamthorpe Road and Mill Road (Exhibit No. 1).

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 Petro Canada 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:

This site was previously the subject of a Committee of Adjustment application (A-290/98ET) for an identical project. The Committee refused the application and the decision has been appealed to the Ontario Municipal Board by the applicant. Council has authorized legal and staff representation in support of the Committee's decision. However, a hearing date for the appeal has not been scheduled.

The applicant has also appealed this Zoning Amendment application in accordance with the Planning Act. A separate Site Plan Control application has also been submitted for this development and has also been appealed by the applicant. Petro Canada has indicated that they will request the Board to consolidate the Zoning and Site Plan Control applications with any future hearing.

Proposal:

Petro Canada proposes to demolish the existing facilities and construct a new 217 m² (2,336 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 142 m² (1, 529 sq. ft.) of the building floor area. A new canopy, four pump islands with eight pumps and a separate garbage enclosure would also be provided, along with seven parking spaces (Exhibit No. 2).

The lands surrounding this site, at the four quadrants of the intersection, are zoned Sixth and Fourth Density Residential (R6 and R4) and are occupied by high rise residential apartment buildings. The Burnhamthorpe Mall is located to the east of the site at Saturn Road.

Exhibit No. 1 is a map showing the location of the subject property and surrounding zoning. Exhibit Nos. 2 ,3 and 4 are reductions of the site plan, elevations and landscape plan. The following is a summary of the site data:

Comments:

Official Plan:

The site is designated High Density Residential in the Official Plan which permits existing service stations and local retail facilities not exceeding 1000m² (10,764square feet) of floor space. These facilities are to be oriented to servicing the surrounding area. 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. 12,299 which 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).

In order to permit a larger accessory retail component of 142 m² (1,529 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 142 m² (1,529 sq. ft.) for the retail floor space, identify garbage enclosures as a permitted accessory use and repeal By-law No. 12,299.

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 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. Petro Canada has revised their plans in an attempt to address these issues by shifting the proposed building closer to the southwest corner of the site, eliminating the northerly most driveway on Mill Road and increasing the width of landscaped strips around the site. This has made it possible to establish a direct pedestrian connection to Mill Road. Staff are in support of the revised site layout. A final landscape plan should be submitted, along with appropriate financial guarantees, 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, and Fire Services Division 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. Toronto Hydro has no objection to the application subject to their standard conditions of approval (Exhibit No. 5).

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. The applicant will be extending the raised centre median on Burnhamthorpe Road to which will prevent future westbound left turns into the site. However, they have some concerns with the design and radii of the revised driveways. These design details must be addressed by the applicant at the site plan stage (Exhibit No. 6).

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. 7).

Community Meeting:

A community meeting was held for the Committee of Adjustment application on October 26, 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; inadequate customer parking; conflict with existing driveways; on-site safety and security; poor property management practices; and, declining property values.

With respect to the concern regarding hours of operation, staff would note that the existing gas facility does not operate 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:

Zoning By-law No. 12,299 shall be repealed.

(ii)The maximum gross floor area associated with the service station shall not exceed 220 m² (2,370 sq. ft.) of which not more than 145 m² (1,560 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 be incorporated to reflect 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, 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

Karen V. Bricker, MCIP

Director of Community Planning

West District

PZ/nt

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