Amendment to the Etobicoke Zoning Code
Petro Canada - 830 Burnhamthorpe Road
File No. Z-2287 (Markland-Centennial)
The Etobicoke Community Council, after considering the deputations, written submissions 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:
(1)the application by Petro Canada for an amendment to the Etobicoke Zoning Code to permit the development
of a new service station with a convenience store at 830 Burnhamthorpe Road, not be approved; and
(2)the City Solicitor be authorized to retain outside planning consultants in the event of an appeal by the
applicant to the Ontario Municipal Board.
The Etobicoke Community Council 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-east 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. Exhibits Nos. 2, 3 and 4 are
reductions of the site plan, elevations and landscape plan. The following is a summary of the site data:
Proposed Details
Site Area |
2 520 m2 |
27,126 sq ft |
|
Existing Gross Floor Area |
122 m2 |
1,313 sq ft |
|
Proposed Gross Floor Area |
217 m2 |
2,336 sq ft |
|
Existing Coverage:
Paypoint Building
Canopy
Total |
217 m2
341 m2
558 m2 |
2,336 sq ft
3,670 sq ft
6,006 sq ft |
9 %
14 %
23 % |
Paved Area |
1 221 m2 |
13,143 sq ft |
50 % |
Landscaped Area |
680 m2 |
7,320 sq ft |
27 % |
Existing Building Heights:
Paypoint Building
Gas Bar Canopy |
4.5 m
5.2 m |
17 ft. |
|
Parking Required
@ 3 spaces/93 m2 |
7 spaces |
|
|
Parking Provided |
7 spaces
(including 1 handicapped) |
|
|
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 1 000 m2 (10,764 sq ft) 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
320-21 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).
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 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. 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:
(i)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; and
(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:
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 the following
communications:
(i)(May 3, 1999) from Rev. Dr. William H. Jones, Etobicoke, outlining his concerns with the Zoning Code amendment
application, namely, added noise and general disruption; increased traffic activity at a busy corner of a main arterial road;
and environmental litter which destroys the area; and submitting photographs with respect thereto;
(ii)(May 11, 1999) from Ms. Jean Dugale, Etobicoke, submitting comments in strong protest to the application; and
requesting Community Council's support in this matter;
(iii)(May 11, 1999) from Ms. Gilbertina Wittick and Ms. Maude Reid, Etobicoke, expressing their strong objection to the
application;
(iv)(June 6, 1999) from Mr. and Mrs. Robert Judd, Etobicoke, submitting comments in opposition to the proposed
change from the present gas station to a 24-hour operation;
(v)(June 25, 1999) from The Honourable Mr. Justice and Mrs. Thomas A. Beckett, Etobicoke,outlining various concerns
regarding the application;
(vi)(July 19, 1999) from A. D. Anderson and M. J. Moore, Etobicoke, submitting comments in opposition to the
application;
(vii)(July 21, 1999) from Mr. and Mrs. George Carruthers, Etobicoke, submitting comments in opposition to the
application; and strongly urging Council to oppose this application;
(viii)(July 28, 1999) from Mr. and Mrs. L. A. Jones, Etobicoke, submitting comments in opposition to the application;
and attaching a copy of a paper previously submitted on August 31, 1998, in this regard, as well as a petition signed by
residents of 335 Mill Road;
(ix)(August 5, 1999) from Mr. and Mrs. Ian McSweeney, Etobicoke, advising that they are adamantly opposed to the
application; and outlining their concerns in this regard;
(x)(August 9, 1999) from Mr. and Mrs. A. Rowcliffe, Etobicoke, expressing comments in opposition to the application;
(xi)(August 25, 1999) from Ms. Alice M. Churchman, Etobicoke, advising that she strongly objects to the application;
and requesting that Council continue to refuse the proposed rezoning;
(xii)(August 26, 1999) from R. Coleman, Etobicoke, outlining concerns regarding the negative impact that this project
would have on the community;
(xiii)(August 30, 1999) from Ms. Olga Bucar, Etobicoke, expressing her concerns regarding the application;
(xiv)(September 8, 1999) from Ms. Donna Thomas and Mr. Edward Fisher, Etobicoke, reiterating the comments
expressed at previous meetings in opposition to the proposal;
(xv)(Undated) from Mr. Fred Haggerty, Etobicoke, submitting a copy of a presentation on behalf of Mr. and Mrs. Larry
Jones, and the community, in opposition to the proposal; and requesting that the application be rejected; and
(xvi)303 additional form letters from residents of 284, 288, 296 and 300 Burnhamthorpe Road in opposition to the
application.
The following persons appeared before the Etobicoke Community Council in opposition to the application, noting the
intrusion of a 24-hour operation into a residential neighbourhood, the impact on traffic conditions, and the need for service
rather than a convenience store:
-Ms. Marlene Cater, Etobicoke; and filed a copy of her deputation and a petition signed by 177 neighbours with respect
thereto;
-Mr. Tom Beckett, Etobicoke; and gave a video presentation;
-Rev. Dr. William H. Jones, Etobicoke;
-Mr. Fred Haggerty, Etobicoke;
-Mr. Steve Johnson, Etobicoke,
-Mr. Arnold Williams, Etobicoke;
-Mr. David Jolly, Etobicoke; and
-Mr. Clifford Bowman, Etobicoke.
(A copy of each of Exhibits Nos. 3 to 7, 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.)