Draft Zoning By-law Amendment and Draft Sign By-law -

Automobile Service Stations and Gas Bars

(All Wards in the former City of Toronto)

The Toronto Community Council recommends that:

(1)the guidelines set out in the report (March 16, 1999) from the Commissioner of Urban Planning and Development Services be amended so that a requirement be added that garbage at gas station sites be placed in an enclosed rodent-proof container;

(2)the draft Sign By-law attached to the report of the City Solicitor (March 17, 1999) be amended by:

(i)deleting paragraph B of Section 2;

(ii)requiring that light be emitted only through the letters or logos of back-lit canopy signs within 50m of residential areas; and

(iii)requiring that lights be recessed into the underside of the canopy to reduce light spray with respect to overhead lighting;

(3)the report (March 16, 1999) from the Commissioner of Urban Planning and Development Services, as amended to give effect to Recommendation Nos. (1) and (2), be adopted;

(4)the Draft By-laws attached to the report (March17,1999) of the City Solicitor, as amended, be approved and that authority be granted to introduce the necessary bills in Council to give effect thereto, including a bill to amend the Site Plan provisions of the Municipal Code as set out in Recommendation 2 of the report of the Commissioner of Urban Planning and Development Services (March 16, 1999);

(5)the Commissioner of Urban Planning and Development Services report further, in consultation with the community and the petroleum industry, to the Toronto Community Council, at its meeting to be held on July 15, 1999, on:

(a)signage and lighting;

(b)tree shading strategies; and

(c)stormwater management strategies on gas station sites.

The Toronto Community Council reports, for the information of Council, having requested the Commissioner of Urban Planning and Development Services, in consultation with the Commissioner of Works and Emergency Services, to report directly to Council on amendments to the guidelines set out in the report (March 16, 1999) from the Commissioner of Urban Planning and Development Services to include the requirement that garbage be placed inside the gas station site.

The Toronto Community Council further reports, for the information of Council, that notice of the public meeting was given in accordance with the Planning Act and the Municipal Act. The public meeting was held on March 30, 1999, and the following persons addressed the Toronto Community Council:

-Mr. William Roberts, obo Swansea Area Ratepayers Group;

-Mr. Bob Clapp, Vice President, Canadian Petroleum Products Institute; and

-Mr. Ron Braun, Ripley Area Residents Group.

The Toronto Community Council submits the following report (March 17, 1999) from the City Solicitor:

Purpose:

Attached are Draft By-laws (1) and (2), being the draft zoning by-law and draft by-law amending the sign provisions of the Municipal Code of the former City of Toronto, respecting automobile service stations and gas bars and as recommended by the report of the of the Commissioner of Urban Planning and Development Services (March 16, 1999).

Funding Sources, Financial Implications and Impact Statement:

The enactment of the Draft By-laws has no financial implications for the City. It requires no funding.

Recommendations:

It is recommended that:

(1)the Toronto Community Council hold a public meeting in respect of Draft By-law (1) in accordance with the provisions of the Planning Act and in respect of Draft By-law (2) in accordance with the provisions of the Municipal Act.

Following the public meeting and in the event the Toronto Community Council wishes to approve the Draft By-laws, it could recommend that:

(2)the Draft By-laws attached to the report (March17,1999) of the City Solicitor be approved and that authority be granted to introduce the necessary bills in Council to give effect thereto, including a bill to amend the Site Plan provisions of the Municipal Code as set out in Recommendation 2 of the report of the Commissioner of Urban Planning and Development Services (March 16, 1999);

(3)the Recommendations 1-5 of the report of the Commissioner of Urban Planning and Development Services (March16,1999) be adopted.

Council Reference/Background/History:

Toronto Community Council will have before it the final report of the Commissioner of Urban Planning and Development Services (March16,1999) at its meeting to be held on March30,1999 concerning the above noted subject. This report recommends, inter alia, that Draft By-laws be prepared by the City Solicitor to amend the General Zoning By-law and sign provisions of the Municipal Code of the former City of Toronto respecting automobile service stations and gas bars.

Comments and/or Discussion and/or Justification:

This report contains the necessary Draft By-laws, which, if enacted, will give effect to the planning report.

Contact Name:

William Hawryliw, Solicitor

Telephone:392-7237

Fax:392-0024

E-mail:whawryli@toronto.ca

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DRAFT BY-LAW (1)

Authority:Toronto Community Council Report No. , Clause No. ,

as adopted by Council on

Enacted by Council:

CITY OF TORONTO

BY-LAW NO. -1999

To amend Zoning By-law No. 438-86 of the former City of Toronto

respecting automobile service stations.

The Council of the City of Toronto HEREBY ENACTS as follows:

1.By-law No. 438-86, being "A By-law To regulate the use of land and the erection, use, bulk, height, spacing of and other matters relating to buildings and structures and to prohibit certain uses of lands and the erection and use of certain buildings and structures in various areas of the City of Toronto", as amended, is further amended by:

(1)deleting from the definition of "automobile service station" contained in section 2(1), the words "for greater certainty does not include a gas bar" and substituting therefor, the words "includes a gas bar";

(2)deleting the semi-colon in each of clauses (1) and (ii) of section 8(3) PART XI 2., substituting a comma therefor, and adding thereafter "except for an automobile service station of a non-residential gross floor area of less than 20 square metres;";

(3)deleting the semi-colon in clause (v) of section 12(2)107, substituting a comma therefor, and adding thereafter "except for an automobile service station of a non-residential gross floor area of less than 20 square metres on a lot in a CR or MCR district;"; and

(4)adding sub-clause "D" to section 12(2)119 (iii) as follows:

"D.in the case of an automobile service station of a non-residential gross floor area of less than 20 square metres on a lot in a CR or MCR district;".

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DRAFT BY-LAW (2)

Authority:Toronto Community Council Report No. , Clause No. ,

as adopted by Council on

Enacted by Council:

CITY OF TORONTO

BY-LAW No. -1999

To amend the former City of Toronto Municipal Code Ch. 297, Signs,

respecting automobile service stations.

The Council of the City of Toronto HEREBY ENACTS as follows:

1.Section 297-2 of Chapter 297, Signs, of the Municipal Code of the former City of Toronto is amended as follows:

A.By inserting after the definition of "FRONTAGE", the following:

FUEL PUMP SIGN - A sign on, over, beside or between automotive fuel pumps in an automobile service station.

B.By inserting after the definition of "PROJECTING SIGN", the following:

PUMP ISLAND SIGN - A sign at or on a fuel pump island of an automobile service station which conveys information about the fuel sold at that pump island.

2.Section 297-10 is amended as follows:

A.By adding to the table in Subsection C(2) beneath the listed headings the following:

CR, MCR,IC, I1, I2

Type of SignPurposeRA, T, TrI3, I4

Fuel pump signAny purpose in Q20 Q20

conjunction with

an automobile

service station

Pump island signAny purpose in Q21 Q21

conjunction with

an automobile

service station

B.By deleting from Subsection D(2)(b), the expression "one (1) metre" and substitute "one and one-tenth (1.1) metres".

C.By deleting Subsection D(7)(a) and substitute the following:

(a)The total number of ground signs and pedestal signs is not more than one (1) per lot, unless two (2) frontages of the lot are greater than thirty (30) metres in length, in which case one (1) ground sign or pedestal sign for each such frontage is permitted.

D.By deleting Subsection D(12)(a) and substitute the following:

(a)The total number of ground signs and pedestal signs is not more than one (1) per lot, unless two (2) frontages of the lot are greater than thirty (30) metres in length, in which case one (1) ground sign or pedestal sign for each such frontage is permitted.

E.By adding Subsection D(20) and D(21) as follows:

(20)A sign, which may be illuminated and which displays the company name, brand, corporate logo and pump number is permitted, if:

(a)There is not more than one (1) per pump;

(b)The area of the sign does not exceed two and eight-tenths (2.8) square metres per side; and

(c)The sign contains no third party advertising.

(21)A non-illuminated sign affixed to the ground, the canopy or canopy supports of a pump island which identifies the corporate name or logo, fuel type, grade, price and type of service is permitted, if:

(a)The horizontal dimension of the sign does not exceed the width of the pump island;

(b)The vertical dimension of the sign is not greater than the height of the pump; and

(c)The sign contains no third party advertising.

The Toronto Community Council also submits the following report (March 16, 1999) from the Commissioner of Urban Planning and Development Services:

Purpose:

To recommend amendments to the regulations affecting automobile service stations and gas bars in the area of the former City of Toronto as follows:

(i)a Zoning By-law amendment to include gas bars as a component of the automobile service station use

(ii)a Zoning By-law amendment to exempt gas bar payment kiosks up to 20 square metres from the Zoning By-law requirements which require the building entrances of non-residential uses to be oriented to pedestrians on the public sidewalk

(iii)an amendment to the Municipal Code to eliminate the exemption from Site Plan Approval for new automobile service stations including gas bars uses with a floor area less than 300 square metres in all but Industrial Zones

(iv)Urban Design Guidelines for Gas Stations (Automobile Service Stations and Gas Bars)

(v)amendments to the "Sign By-law" to permit and limit normal gas station signs

The report also recommends issues for further study.

Source of Funds:

Not applicable.

Recommendations:

It is recommended that:

(1)Council adopt the amendments to the Zoning By-law 438-86, as amended, of the former City of Toronto, to:

(a)amend the definition of automobile service station to include a gas bar, and

(b)exempt a payment kiosk with a floor area of less than 20 square metres at an automobile service station (which now includes a gas bar), from the following Zoning By-law requirements in a CR and MCR (Mixed Commercial-Residential) zoning districts:

(i)that its entrance be located within 0.2 metres of the level of the public sidewalk,

(ii)that the entrance must be directly accessible from a public sidewalk, and

(iii)which prohibits parking between the building and the sidewalk;

(c)exempt a payment kiosk with a floor area of less than 20 square metres at an automobile service station (which now includes a gas bar), from the build-to requirements for non-residential and mixed-use buildings in the Yonge-Eglinton Area and the Yonge-Lawrence Commercial Area;

(2)Council adopt an amendment to the Municipal Code - Chapter 165, Article III of the former City of Toronto, to require Site Plan Approval for all new automobile service stations including gas bars uses with a floor area less than 300 square metres, except in Industrial Zones;

(3)Council adopt the following amendments to the Municipal Code - Chapter 297 - Signs, of the former City of Toronto which affect automobile service stations and gas bars:

(a)amend Chapter 297-2 to add the following definitions:

"fuel pump sign -a sign on, over, beside or between automotive fuel pumps in an automobile service station",

and

"pump island sign - a sign at or on a fuel pump island which conveys information about the fuel sold at that pump island";

(b)amend Chapter 297-10, Section C (2) to add the following to the table under the appropriate headings:

Type of SignPurposeCR, MCR,IC, I1, I2

RA, T, TrI3, I4

"fuel pump signAny purpose in Q20 Q20

conjunction with

an automobile

service station

pump island signAny purpose in Q21 Q21

conjunction with

an automobile

service station"

(c)amend Chapter 297-10, Section D, Qualifications as follows:

(2)(b)replace the phrase "one (1)" with "1.10";

(7)(a)delete the existing and replace with the following "the total number of ground signs and pedestal signs is not more than one (1) on a lot unless both frontages are greater than 30 metres in length, in which case the maximum total number of ground signs and pedestal signs, combined, is two (2), one on each frontage";

(12)(a)delete the existing and replace with the following "the total number of ground signs and pedestal signs is not more than one (1) on a lot unless both frontages are greater than 30 metres in length, in which case the maximum total number of ground signs and pedestal signs is two (2), one on each frontage"; and

(d)amend Chapter 297-10, Section D, Qualifications by adding the following:

"(20)A sign, which may be illuminated, which displays the company name, brand, corporate logo and pump number, is permitted if

(a)there is not more than one sign per pump;

(b)the area of the sign does not exceed 2.8 square metres per side;

(c)the sign contains no third party advertising." and

"(21)A non-illuminated sign affixed to the ground, the canopy or canopy supports of a pump island which identifies corporate name or logo, fuel type, grade, price and type of service, is permitted if

(a)the horizontal dimension of the sign does not exceed the width of the pump island,

(b)the vertical dimension of the sign is not greater than the height of the pump,

(c)the sign contains no third party advertising."

(4)Council adopt the attached "Design Guidelines for Gas Stations (Automobile Service Stations and Gas Bars)" for the area of the former City of Toronto, appended to this report.

(5)That the Commissioner of Urban Planning and Development Services be requested to report further on the following:

(i)height limits and sizes of pedestal signs and ground signs at automobile service stations and gas bars,

(ii)merchandise signage at automobile service stations and gas bars, and

(iii)guidelines for the design of drivethru operations as separate uses and in association with automobile service stations and gas bars, including appropriate signage.

Council Reference:

Toronto Community Council, at its November 12, 1998 meeting, adopted the recommendations of my November 2, 1998 report on proposals and public consultation regarding the Zoning By-law, Site Plan Approval, Urban Design Guidelines and the "Sign By-law" of the former City of Toronto as they affect gas bars and automobile service stations. Council also asked that I report on the results of the community consultation and that the City Solicitor prepare draft by-laws to implement the recommendations of this report.

Comments:

The issues related to the regulatory controls on automobile service stations including gas bars in the former City of Toronto are thoroughly laid out in my November 2, 1998 Proposals Report on this subject which was before Toronto Community Council, November 12, 1998. The recommendations, including minor changes made as a result of further review and the consultation process are summarized below.

1.Site Plan Approval

The existing Municipal Code of the former City of Toronto exempts all new mixed-use and non-residential development with a floor area less than 300 square metres from Site Plan Approval. This avoids unnecessary approval processes in most cases where small development has little or no impact and creates no site planning issues. Since automobile service stations are busy, bright, generate significant vehicle movement across public sidewalks and are generally unlike the forms of other development in the former City of Toronto, they have much more potential impact. They should be subject to Site Plan Approval in order to minimize potential negative effects.

The recommendations in this report and the draft by-law prepared by the City Solicitor propose amendments to the Municipal Code to require Site Plan Approval for automobile service stations including gas bars in all but Industrial zones.

2.Urban Design Guidelines for Automobile Service Stations and Gas Bars

My November 2,1998 report contained draft "Urban Design Guidelines for Automobile Service Stations and Gas Bars". These Guidelines set the standards for urban gas station development in order to ensure a proper fit into the densely developed context of the former City of Toronto.

They will assist developers in preparing their plans, assist City staff in reviewing proposals within a standard set of rules, and provide the public with the assurance that the potentially obtrusive nature of these types of uses will be properly addressed. Through the approvals process, each proposal will be subject to Site Plan review according to the following set of issues:

(i)site planning

(ii)access

(iii)built form

(iv)pedestrian amenity

(v)streetscape improvements

(vi)landscaping and environmentally sensitive areas

(vii)lighting

(viii)signage

(ix)safety.

The revised Guidelines are appended to this report and re-titled "Urban Design Guidelines for Gas Stations (Automobile Service Stations and Gas Bars)". Minor amendments have been made as a result of further review, public consultation and continuing discussions with interested parties and the representatives of the oil companies. Discussion of the principal changes follows.

(a)For stations near environmentally sensitive areas the draft Design Guidelines have been amended to:

(i)incorporate guidelines to direct light away from environmentally sensitive areas,

(ii)encourage design and site planning of buildings and underground storage tanks to avoid contamination of environmentally sensitive areas, and

(iii)protect surrounding wildlife from disruption and encourage the use of landscape materials which use native species.

(b)Lighting Standards

Staff was asked to guide lighting levels through the use of lumens, a measure of the light emitted rather than through watts, a measure of the energy consumed by light fixtures, as was done in the draft Guidelines. The appropriate metric measure used for an area's brightness is "lux". The Design Guidelines now set minimum and maximum lux standards for automobile service station sites which are based on the standards of the Illuminating Engineering Society of North America:

(i)under canopies and at store entrances - minimum 50, maximum 200 lux

(ii)for the rest of the site - minimum 5 lux, maximum 20 lux.

(c)Neighbourhood and Architectural Context

Staff was asked to strengthen the Guidelines wording to give more encouragement for building siting, orientation and materials to reflect the existing built pattern and architecture of an area, particularly when there is a distinctive and valued architectural and historical character. Amended wording in the Guidelines has improved this aspect of the Guidelines.

3.Zoning

3.1Permission for Payment Kiosks At Automobile Service Stations and Gas Bars

As set out in the Proposals Report, the Zoning By-law of the former City of Toronto excludes gas bars from the definition of an automobile service station. As indicated in my November 2, 1998 Proposals Report, the Ontario Municipal Board has clearly indicated that there is no essential difference between the two. The recommendations in this report and the draft by-law prepared by the City Solicitor would include gas bars in the definition of an automobile service station.

The policy requirement that new buildings in commercial and mixed-use areas be located with their primary entrance orientation to the public sidewalk is already addressed by existing provisions of the Zoning By-law. No parking is permitted between the front wall of a building and the sidewalk; any pedestrian walkway must be virtually level; and there is to be no grade separation greater than 0.2 metres between the entrance and the sidewalk. The recommendations in this report and the draft by-law prepared by the City Solicitor would exempt payment kiosks from these provisions of the Zoning By-law, but limit them to a non-residential gross floor area of 20 square metres.

3.2Special Zoning for Auto-Related Uses

Staff was asked to examine the creation of a separate zoning category for auto related uses. Currently, a limited range of automobile related uses is permitted in commercial and mixed-use areas including automobile service stations. Uses with the potential to disrupt the amenity of such areas, such as body shops and paint shops are not permitted except in Industrial zones. There is no planning reason to exclude automobile service stations from the retail strips of the former City of Toronto. A separate zone for automobile uses would require the owners of sites with that zoning to re-zone their properties if they wanted to change the auto-related use to another use already permitted and acceptable on all other properties on the retail strip. Cityplan, in 1993, removed the automobile uses "AC" zone from the Zoning By-law for that reason. It should not be re-introduced.

3.3Parking

Staff was asked to consider a zoning amendment to require parking spaces for automobile service stations and the other retail uses which also locate on these sites. The Zoning By-law of the former City of Toronto does not require parking for retail and service uses on retail strips. Even the small gas station sites in the former City of Toronto have sufficient land to permit a small amount of parking for staff. To require parking for retail uses because of the presence of gas pumps would be unduly discriminatory. The Design Guidelines recommend that any staff parking be provided on-site.

4.Signage

4.1New Types of Signs

I am proposing two new sign types for automobile service stations:

fuel pump sign -"a sign on, over, beside or between automotive fuel pumps in an automobile service station":

(i)may be illuminated

(ii)shows company logo or name and pump number

(iii)maximum one per pump

(iv)maximum area 2.8 square metres

(v)no third party advertising; and

pump island sign - "a sign at or on a fuel pump island which conveys information about the fuel sold at that pump island":

(i)non-illuminated

(ii)may be on ground or attached to canopy support

(iii)size not greater than the size of the pump

(iv)no third party advertising.

These are standard, uncontroversial signs which are not defined in the "Sign By-law" chapter of the Municipal Code and so, have required variance applications whenever a new or renovated station is to be built. The regulations should prevent sign clutter and reduce unnecessary red tape.

4.2Logos on Canopies

Currently, one of the major gasoline retailers has a national standard logo on its canopy which extends 1.07 metres above the top of the canopy. This exceeds the current 1.0 metre maximum in the "Sign By-law". I am recommending that the "Sign By-law" be amended to permit 1.10 metres above the canopy so that no variances are needed to permit the extra 7 centimetres.

4.3Ground and Pedestal Signs

These are typically large, free-standing signs, fixed to the ground, which identify the business to passing motorists, identify the brand name, usually with a corporate logo, fuel prices, grade and type. They also identify other services which are offered on the site including what other businesses are there. Gasoline retailers have typically chosen to erect either a ground sign or a pedestal sign on a street frontage, but not both, even though the "Sign By-law" currently permits one of each on each street frontage. I am recommending that the "Sign By-law" be amended to restrict automobile service stations and gas bars to one sign only per lot, unless both frontages of a lot exceed 30 metres, in which case, one per frontage would be permitted. Therefore, the maximum number of ground and pedestal signs combined would usually be one only.

Despite the fact that these signs are about the same size and perform the same function, the "Sign By-law " places different height limits on them - 7.6 metres for ground signs and 4.5 metres for pedestal signs. The main difference between them is that unlike a ground sign, a pedestal sign cannot be standing on visible legs but is filled in right down to the ground. Resolving this inconsistency is desirable but beyond the scope of this report. I am recommending that further study be made on this issue.

4.4Other Sign Issues

Staff was asked to consider reducing the setback requirements for ground and pedestal signs. This issue was the subject of a major review in 1995. As a result of that review By-law 1996-0172, passed April 2, 1996, increased the minimum setback from a lot line from 0.6 to 2.0 metres and increased the minimum setback from an intersection from 2.0 to 6.0 metres. I am not recommending that this issue be reopened.

Staff was asked to consider the introduction of a "merchandise sign" into the "Sign By-law" which would be a small permanent ground sign which would be used to advertise monthly specials. This would eliminate the practice of temporary moveable signs on the ground or attached to canopies and reduce sign clutter. Since this is a new proposal which has not been placed before Council or the public and has not been reviewed by staff, I am recommending that I be requested to review this proposal and report later.

Staff was asked to consider the introduction of a "menu sign" into the "Sign By-law" which would be a sign for a car wash or a drivethru operation which displays instructions and prices. Since this is a new proposal which has not been placed before Council or the public and East District Planning staff is currently studying the design issues related to drivethru operations, including signage, it is premature to recommend any action on this proposal. I am recommending that I be requested to report to Toronto Community Council when that study is complete.

5.Other Considerations

The following comments respond to other issues raised through the consultation process.

(a)Neon Signs

Staff was asked to consider banning neon from stations close to residential districts, parks and environmentally sensitive areas as part of the site planning process. The Planning Act does not give a municipality the authority through its Zoning powers or through its Site Plan Approval powers to regulate the use of neon as a light source or as a design element. The use of neon in a sign can be regulated through the "Sign By-law", Chapter 297 of the Municipal Code of the former City of Toronto. The Design Guidelines could contain guidelines for the use of neon or other types of signage and lighting. Neon and other coloured lighting signs are commonly used by many types of retail businesses in their shop signs and window displays. It is not used and is not effective as a primary source of area lighting. A prohibition on a particular type of sign or design material is too specific and prescriptive for both the "Sign By-law" or the Design Guidelines, in my view. I am satisfied that the other provisions of the "Sign By-law" and of the Guidelines provide adequate guidance for the approval of applications.

(b)Distancing Requirements

Staff was asked to examine distancing requirements for gas storage or gas tanks. These issues are already addressed in the Building Code and other existing regulations governing fuel storage.

(c)Hours of Operation

Staff was asked to recommend hours of operation for automobile service stations and gas bars. This is a licensing issue. The City Solicitor and the Executive Director of Municipal Licensing and Standards reported to the Emergency and Protective Services Committee on this issue in reports dated November 25, 1998 and January 22, 1999 respectively. The Committee deferred consideration of those reports and asked for further reporting on the issues of hours of operation of body shops and automobile service centres and of harmonizing the definitions of all gasoline retail outlets to ensure that the rules regarding hours of operation apply to all of them. Reports are expected in April.

(d)Display of Merchandise

Staff was asked to examine prohibiting non-auto-related items from being displayed on the gas pump island. Retail stores are permitted to display merchandise outside the store, including, with a permit, on the public sidewalk. Prohibiting this display would, in my view, be unduly discriminatory.

Consultation:

Three public information meetings were held, February 15, 1999 at Central Technical School, February 16, 1999 at Bedford park Public School and February 22, 1999 at Danforth Collegiate and Technical Institute, which were attended by a total of 12 people, including five from the oil companies.

I would like to acknowledge, in particular, the suggestions of Ripley Avenue Residents Group and Swansea Area Ratepayers Associations and the Canadian Petroleum Products Institute for their for helpful suggestions for amendments to the draft proposals.

Conclusions:

Council should pass the proposed by-law amendments and adopt the attached "Urban Design Guidelines for Gas Stations (Automobile Service Stations and Gas Bars)" and policies to provide proper guidance for the development of automobile service stations, including gas bars and uses commonly developed in association with them.

Contact Name:

Ian Cooper

Telephone: (416) 392-7572

Fax: (416) 392-1330

E-mail:icooper@toronto.ca

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The Toronto Community Council reports, for the information of Council, also having had before it the following communications, and a copy thereof has been forwarded to Council under separate cover:

-(March 29, 1999) from Mr. William H. Roberts, Barrister and Solicitor, obo Swansea Area Ratepayers Association

-(March 30, 1999) Presentation from Mr. Bob Clapp, Vice President of the Ontario Division of the Canadian Petroleum Products Institute

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