Amendment to the Etobicoke Zoning Code
Allerton Investments Limited (Shell Canada Limited)
230 Lloyd Manor Road - File No. Z-2259 (Markland-Centennial)
The Etobicoke Community Council, after considering the deputations, the written submission filed and based on
the findings of fact, conclusions and recommendations in the report (August 19, 1999) from the Director of
Community Planning, West District, and for the reason that the proposal is not an appropriate use of the lands,
recommends that the application by Allerton Investments Limited (Shell Canada Limited) for amendment to the
Etobicoke Zoning Code to permit the development of a new service station with a convenience store at
230 Lloyd Manor Road, not be approved.
The Etobicoke Community Council reports, for the information of Council, having requested the Director, Transportation
Services Division, District 2, to include improvements in the geometry of the Eglinton Avenue West/Lloyd Manor Road
interesection in the 2001 Capital Budget Program, in the event the application does not proceed. The intersection of
Eglinton Avenue West/Lloyd Manor Road will be designed to provide separate northbound left-turn and through/right-turn
lanes, and an appropriate corner radius at the south-west corner of the intersection; such improvements will be at the
applicant's expense if the application is approved.
The Etobicoke Community Council also reports having held a statutory public meeting 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.
The Etobicoke Community Council submits the following report (August 19, 1999) from the Director of
Community Planning, West District:
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 south-west 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:
| Proposal Details
Site Area |
2 484 m2 |
26,738 sq ft |
| Existing Gross Floor
Area |
223 m2 |
2,400 sq ft |
| *Proposed Gross Floor
Area |
242 m2 |
2,600 sq ft |
|
| Existing Coverage:
Paypoint Building
Canopy
Total |
242 m2
341 m2
583 m2 |
2,600 sq ft
3,670 sq ft
6,270 sq ft |
10 %
14 %
24 % |
| Paved Area |
1 221 m2 |
13,143 sq ft |
49 % |
| Landscaped Area |
680 m2 |
7,320 sq ft |
27 % |
| Existing Building
Heights:
Paypoint Building
Gas Bar Canopy |
4.3 m
5.2 m |
14 ft
17 ft |
|
| Parking Required
@ 3 spaces/93 m2 |
8 spaces |
| Parking Provided |
8 spaces (including 1 handicapped) |
| * 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 1 000 m2 /10,764 sq ft 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 320-21 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 m2 (215 sq 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 Works and Emergency Services 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:
(i)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; and
(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:
Mr. Paul Zuliani, Senior Planner
Community Planning, West District
Tel.: (416) 394-8230; Fax: (416) 394-6063
Exhibit No. 1
Exhibit No. 2
_______
The Etobicoke Community Council reports, for the information of Council, also having had before it a communication
(September 1, 1999) from Mr. and Mrs. Peter Restivo, Etobicoke, submitting comments in opposition to the application
and strongly requesting that the Etobicoke Community Council decline the proposal.
The following persons appeared before the Etobicoke Community Council in opposition to the application:
-Ms. Julia Viaggi, Etobicoke;
-Ms. Antonio Pinto, Etobicoke;
-Mr. Tim Brethour, Etobicoke;
-Mr. Jerry Fordham, Etobicoke; and
-Mr. Mike Borgia, Etobicoke.
(A copy of each of Exhibits Nos. 3 and 4, referred to in the foregoing report, was forwarded to all Members of Council
with the agenda for the Etobicoke Community Council meeting of September 14 and 15, 1999, and a copy of each is on file
in the office of the City Clerk.)
