Draft By-laws - Official Plan Amendment and Rezoning -
866 Avenue Road (North Toronto)
The Toronto Community Council recommends that:
(1)Recommendation No. 1(c)(ii) of the report (August 25, 1999) of the Commissioner of Urban Planning and
Development Services be amended to read:
"(1)(c)(ii)provide fuel deliveries only between the hours of 7:00 a.m. and 7:00 p.m., Monday to Friday;"
and that the report, as so amended, be adopted; and
(2)the Draft By-laws attached to the report (September 7, 1999) of the City Solicitor, as amended by
Recommendation No. 1 above, be approved and that authority be granted to introduce the necessary bills in
Council to give effect thereto substantially in the form of the by-laws attached to the report, which introduction is
subject to:
(a)receipt of an Agreement under s. 37 of the Planning Act securing the matters described in the report (August
25, 1999) of the Commissioner of Urban Planning and Development Services in a form satisfactory to the City
Solicitor in consultation with the Commissioner;
(b)receipt of postponements of all encumbrances on title to ensure the S. 37 Agreement constitutes a first charge
against title;
(c)submission of the following documents approved by the Commissioner of Works and Emergency Services:
(i)a noise impact statement;
(ii)at least three weeks before introduction of bills, a reference plan of survey in metric units and integrated with
the Ontario Co-ordinate System, delineating thereon by separate parts the lands under application and any
appurtenant rights of way and the remainder of the site, as well as final approved drawings of the development
with sufficient horizontal and vertical dimensions of the exterior walls of the proposed building and the canopy
structure over the gasoline pumps to enable the preparation of building envelope plans; and
(iii)a Material Recovery and Waste Reduction Plan addressing strategies for material recovery and waste
reduction within the development.
The Toronto Community Council reports, for the information of Council, that notice of the public meeting was given in
accordance with the Planning Act. The public meeting was held on September 14, 1999, and the following addressed the
Toronto Community Council:
-Ms. Judy Price, Toronto, Ontario;
-Mr. John Newell, Toronto, Ontario;
-Ms. Elizabeth Jane Kuzyk, Toronto, Ontario;
-Ms. Ann Lovering, Toronto, Ontario;
-Ms. Susan Ainley, Northhill District Home Owner's Association;
-Mr. Arv Sestokas, Imperial Oil; and
-Ms. Shelley Ortved, Oriole Park Association.
The Toronto Community Council submits the following report (September 7, 1999) from the City Solicitor:
Purpose:
This report provides the necessary draft Official Plan and Zoning By-law amendments to allow the construction and use of
a self-service gas bar and retail store at 866 Avenue Road.
Funding Sources, Financial Implications and Impact Statement:
Enacting the Draft By-laws does not require any expenditure by the City.
Recommendations:
It is recommended that:
(1)the Toronto Community Council hold a public meeting in respect of the Draft By-laws in accordance with the
Planning 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 (September 7, 1999) of the City Solicitor be approved and that authority be
granted to introduce the necessary bills in Council to give effect thereto substantially in the form of the by-laws attached to
the report, which introduction is subject to:
(a)receipt of an Agreement under s. 37 of the Planning Act securing the matters described in the report (August 25, 1999)
of the Commissioner of Urban Planning and Development Services in a form satisfactory to the City Solicitor in
consultation with the Commissioner;
(b)receipt of postponements of all encumbrances on title to ensure the S. 37 Agreement constitutes a first charge against
title;
(c)submission of the following documents approved by the Commissioner of Works and Emergency Services:
(i)a noise impact statement;
(ii)at least three weeks before introduction of bills, a reference plan of survey in metric units and integrated with the
Ontario Co-ordinate System, delineating thereon by separate parts the lands under application and any appurtenant rights of
way and the remainder of the site, as well as final approved drawings of the development with sufficient horizontal and
vertical dimensions of the exterior walls of the proposed building and the canopy structure over the gasoline pumps to
enable the preparation of building envelope plans; and
(iii)a Material Recovery and Waste Reduction Plan addressing strategies for material recovery and waste reduction
within the development.
(3)the Recommendations contained in the Report (August 25, 1999) of the Commissioner of Urban Planning and
Development Services be adopted.
Council Reference/Background/History:
The Toronto Community Council will have before it a report (August 25, 1999) of the Commissioner of Urban Planning
and Development Services recommending an Official Plan Amendment and Zoning By-law respecting a proposed
development at 866 Avenue Road consisting of a self-service gas bar and retail store. The planning report recommends an
agreement under s. 37 of the Planning Act setting out requirements such as building materials, hours of operation,
accessibility to an air compressor and hose as well as the provision of certain studies.
Comments and/or Discussion and/or Justification:
The S. 37 Agreement is being prepared and the owner is working toward satisfying the other conditions that would have to
be fulfilled before introduction of the Bills, should Council approve the Draft By-laws.
The Draft By-laws attached to this report will, if enacted, give effect to the Planning Report.
Contact Name:
Raymond Feig, Solicitor, Planning and Administrative Tribunal Law
Telephone:(416) 392-7224
Fax:(416) 397-4420
E-mail:rfeig@toronto.ca
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DRAFT BY-LAW (1)
Authority:Toronto Community Council Report No. , Clause No. ,
as adopted by City of Toronto Council on
Enacted by Council:
BY-LAW NO. -1999
To adopt an amendment to the Official Plan for the former City of Toronto
respecting lands known as 866 Avenue Road.
The Council of the City of Toronto HEREBY ENACTS as follows:
1.The text and map annexed hereto as Schedule "A" are hereby adopted as an amendment to the Official Plan for the
former City of Toronto.
2.This is Official Plan Amendment No. 150.
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SCHEDULE "A"
1.Section 18 of the Official Plan, for the former City of Toronto is hereby amended by adding the following Section
18.497 and the attached Map 18.497;
"18.497Lands known as 866 Avenue Road
Notwithstanding any of the provisions of this Plan, Council may pass by-laws applicable to the lands delineated by heavy
lines on Map 18.497, to permit the erection and use of a combined gas bar and retail store, provided that:
(1)the maximum non-residential gross floor area of the combined gas bar and retail store does not exceed 145 square
metres;
(2)the building does not include a restaurant or take-out restaurant;
(3)the owner of the lands is required by by-law to:
(a)close and to keep closed the gas bar and retail store between the hours of 11:00 p.m. and 6:00 a.m. every day of the
year;
(b)provide fuel deliveries only between the hours of 7:00 a.m. and 7:00 p.m.;
(c)turn-off and to keep turned-off the lights on the underside of the canopy between the hours of 11:00 p.m. and 6:00
a.m. every day of the year and to achieve this by means of an automatic device;
(d)provide and maintain an air compressor and hose on the premises, suitable for use by cyclists, to be available without
charge everyday between the hours of 6:00 a.m. and 11:00 p.m.;
(e)construct the gas bar and retail store using materials specified on the plans approved pursuant to Section 41 of the
Planning Act and on file with the Commissioner of Urban Planning and Development Services;
(f)provide, maintain and operate the development in accordance with the Noise Impact Statement approved by the
Commissioner of Works and Emergency Services;
(g)provide, maintain and operate the development in accordance with the Material Recovery and Waste Reduction Plan
approved by the Commissioner of Works & Emergency Services;
(h)conduct a detailed historical review of the site to identify all existing and past land uses which could have resulted in
negative environmental effects for review and approval by the Medical Officer of Health prior to the issuance of any
permit;
(i)conduct a site and building audit for the identification of all hazardous materials on the site and in existing buildings
for submission to the Commissioner of Urban Planning & Development Services and review and approval by the Medical
Officer of Health prior to the issuance of any permit;
(j)conduct a soil and groundwater testing program, produce a Soil and Groundwater Management Plan for submission to
the Commissioner of Urban Planning and Development Services and review and approval by the Medical Officer of Health
prior to the issuance of any permit, and implement the Plan as required;
(k)prepare a Demolition and Excavation Dust Control Plan for submission to the Commissioner of Urban Planning and
Development Services and review and approval by the Medical Officer of Health prior to the issuance of any permit, and
implement the Plan as required; and
(l)provide space within the development for the construction of any transformer vaults, Hydro and Bell maintenance
holes and sewer maintenance holes required in connection with the development; and
(4)the owner of the lands enters into one or more agreements satisfactory to the City, pursuant to Section 37 of the
Planning Act, to secure the facilities, services and matters required to be provided by subsection (3) and such agreement or
agreements have been appropriately registered against the title to the lands."
(Map to be attached)
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DRAFT BY-LAW (2)
Authority:Toronto Community Council Report No. , Clause No. ,
as adopted by City of Toronto Council on
Enacted by Council:
CITY OF TORONTO
BY-LAW No. -1999
To amend By-law No. 438-86 of the former City of Toronto, as amended,
respecting 866 Avenue Road.
WHEREAS pursuant to Section 37 of the Planning Act, the Council of a municipality may in a By-law passed under
Section 34 of the Planning Act, authorize increases in the height or density of development beyond those otherwise
permitted by the by-law in return for the provision of such facilities, services or matters as are set out in the by-law;
AND WHEREAS Subsection 37(3) of the Planning Act provides that, where an owner of land elects to provide facilities,
services or matters in return for an increase in height and density of development, the municipality may require the owner
to enter into one or more agreements with the municipality dealing with the facilities, services or matters;
AND WHEREAS the owner of the lands hereinafter referred to has elected to provide the facilities, services and matters as
hereinafter set forth;
AND WHEREAS the increases in the density or height permitted hereunder, beyond those otherwise permitted on the
aforesaid lands by By-law No. 438-86, as amended, are to be permitted in return for the provision of the facilities, services
and matters set out in this By-law and are to be secured by one or more agreements between the owner of such lands and
the City of Toronto;
AND WHEREAS Council has required the owner of the aforesaid lands to enter into one or more agreements dealing with
certain facilities, services and matters in return for the increases in height and density in connection with the aforesaid
lands as permitted in this By-law.
NOW THEREFORE the Council of the City of Toronto enacts as follows:
1.Section 12(1) of By-law No. 436-86, being "A By-law to regulate the use of land and the erection, use, bulk, height,
spacing of and other mattes 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 adding
the following exception:
"443.to prevent the erection and use of a combined gas bar and retail store on the lands shown outlined by heavy lines
on the map following this exception, provided that:
(i)the lot on which the building and canopy structure is located comprises at least those lands delineated by heavy lines
on the map following this exception;
(ii)no portion of any building or canopy structure above grade is located otherwise than wholly within the "BUILDING
ENVELOPE" as shown on the map following this exception;
(iii)no portion of the building or canopy structure erected or used on the lot is located above the height limits above
grade shown on the map following this exception;
(iv)the non-residential gross floor area of the combined gas bar and retail store does not exceed 145 square metres;
(v)6 parking spaces are provided and maintained on the lot;
(vi)the owner of the lot shall, at its expense and in accordance with and subject to the agreement referred to in clause (m)
below:
(a)close and keep closed the gas bar and retail store between the hours of 11:00 p.m. and 6:00 a.m. every day of the year;
(b)provide fuel deliveries only between the hours of 7:00 a.m. and 7:00 p.m.;
(c)turn-off and keep turned-off the lights on the underside of the canopy between the hours of 11:00 p.m. and 6:00 a.m.
every day of the year and to achieve this by means of an automatic device;
(d)provide and maintain an air compressor and hose on the premises, suitable for use by cyclists, to be available without
charge everyday between the hours of 6:00 a.m. and 11:00 p.m.;
(e)construct the gas bar and retail store using materials specified on the plans approved pursuant to Section 41 of the
Planning Act and on file with the Commissioner of Urban Planning and Development Services;
(f)provide, maintain and operate the development in accordance with the Noise Impact Statement approved by the
Commissioner of Works and Emergency Services;
(g)provide, maintain and operate the development in accordance with the Material Recovery and Waste Reduction Plan
approved by the Commissioner of Works & Emergency Services;
(h)conduct a detailed historical review of the site to identify all existing and past land uses which could have resulted in
negative environmental effects for review and approval by the Medical Officer of Health prior to the issuance of any
permit;
(i)conduct a site and building audit for the identification of all hazardous materials on the site and in existing buildings
for submission to the Commissioner of Urban Planning & Development Services and review and approval by the Medical
Officer of Health prior to the issuance of any permit;
(j)conduct a soil and groundwater testing program, produce a Soil and Groundwater Management Plan for submission to
the Commissioner of Urban Planning and Development Services and review and approval by the Medical Officer of Health
prior to the issuance of any permit, and implement the Plan as required;
(k)prepare a Demolition and Excavation Dust Control Plan for submission to the Commissioner of Urban Planning and
Development Services and review and approval by the Medical Officer of Health prior to the issuance of any permit, and
implement the Plan as required;
(l)provide space within the development for the construction of any transformer vaults, Hydro and Bell maintenance
holes and sewer maintenance holes required in connection with the development; and
(m)enter into one or more agreements with the City pursuant to Section 37 of the Planning Act to secure all the facilities,
services and matters referred to in paragraph (vi) herein, and such agreement or agreements are appropriately registered
against the title to the lands; and
(vii)with the exception of section 6(3) Part II 4 and section 6(3) Part II 3G, all other provisions of this by-law are
complied with.
For the purposes of this exception:
(1)"grade" shall mean 154.875 metres Canadian Geodetic Datum; and
(2)for the avoidance of doubt, "restaurant" or "take-out restaurant" uses shall not be permitted on the lot."
(Plans to be attached)
The Toronto Community Council also submits the report (August 25, 1999) from the Acting Commissioner of
Urban Planning and Development Services:
Purpose:
To provide final recommendations for the approval of Application 198006 to permit the redevelopment of an automobile
service station to a combined gas bar and retail store.
Source of Funds:
Not applicable.
Recommendations:
It is recommended that:
1.the City Solicitor be requested to submit a draft by-law to amend the former City of Toronto's Official Plan to add a
new Section 18 provision substantially as set out below:
"18.__Lands known as 866 Avenue Road
See Map 18.__ at the end of this Section
Notwithstanding the provisions of this Plan, Council may pass by-laws respecting the "lot" shown on Map ____ and known
in the year 1999 as 866 Avenue Road to permit a combined "gas bar" and "retail store" provided that:
(a)the "non-residential gross floor area" of the combined "gas bar" and "retail store" does not exceed 145 m2;
(b)the building does not include a "restaurant" or "take-out restaurant";
(c)the owner is required by by-law, pursuant to Section 37 of the Planning Act to:
(i)close and to keep closed the "gas bar" and "retail store" between the hours of 11 p.m. and 6:00 a.m. every day of the
year;
(ii)provide fuel deliveries only between the hours of 7:00 a.m. and 7:00 p.m.;
(iii)turn-off and to keep turned-off the lights on the underside of the canopy between the hours of 11 p.m. and 6:00 a.m.
every day of the year and that this be achieved by means of an automatic device;
(iv)provide, and maintain an air compressor and hose on the premises, suitable for use by cyclists, to be available without
charge during the hours of 6:00 a.m. to 11 p.m. every day;
(v)construct the "gas bar" and "retail store" using the materials specified on the plans approved pursuant to Section 41 of
the Planning Act and on file with the Commissioner of Urban Planning and Development Services; and
(vi)provide and undertake those matters set out in Recommendations 3 F and 3 G of this report.
(d)the owner enters into one or more agreements to secure the facilities, services and matters required under subsection
(c) above, and the agreement is registered on title to the lands shown on Map ___.
2.the City Solicitor be requested to submit a draft By-law to amend the Zoning By-law (438-86, as amended) as it affects
the site at 866 Avenue Road shown on Map 1 attached to this report, so as to:
(a)add a provision to Section 12(1) (Permissive Exceptions) so as to permit the erection and use of a combined "gas bar"
and "retail store" provided that;
(i)the "lot" on which such building is to be erected comprises at least the lands shown delineated by heavy lines on Map
1, attached to this report;
(ii)no part of the building or canopy structure above "grade" extends beyond the limit to be defined in the by-law
substantially in accordance with Map 1, attached to this report;
(iii)the "height" of the building and canopy structure does not exceed the heights above "grade" of 4.40 metres and 5.50
metres respectively;
(iv)the "non-residential gross floor area" of the combined "retail store" and "gas bar" does not exceed 145 m2;
(v)a minimum and maximum of six (6) "parking spaces" are maintained on-site; and
(vi)with the exception of Section 6(3) PART II 4 and Section 6(3) PART II 3 G, all other provisions of this by-law are
complied with.
For the purpose of this exemption:
(i)"grade" shall mean 154.875 metres Canadian Geodetic Datum
(ii)for the avoidance of doubt, "restaurant" or "take out restaurant" uses shall not be permitted.
3.City Council approve the plans and drawings submitted with this application, namely Plans A1.0, A2.0, A3.0, A3.1,
date stamped as received on June 25, 1999, prepared by Sterling Finlayson Architects, as redlined on August 26, 1999 and
September 14, 1999, and Plan A2.1, date stamped as received on June 25, 1999, prepared by Sterling Finlayson Architects
and "Proposed Landscape Plan" and "Proposed Landscape Construction Details", date stamped as received on June 25,
1999 prepared by DWK Douglas W. Kerr and Associates Ltd., as redlined on August 26, 1999, all as on file with the
Commissioner of Urban Planning and Development Services.
4.As a condition of City Council approval, the owner enter an Undertaking under Section 41 of the Planning Act
requiring that:
A.Develop and Maintain Substantially in Accordance with Plans
(i)the proposed development, including all landscaping related thereto, shall be undertaken and maintained substantially
in accordance with the plans referred to above;
B.Garbage
(i)the owner shall provide and maintain private refuse collection services for this project;
C.Parking and Access
(i)the owner shall provide and maintain a minimum of 6 parking spaces on site;
(ii)the owner shall provide and maintain a minimum access driveway width of 9.0 metres for two-way traffic operations
to accommodate the inbound and outbound tanker trucks;
(iii)the owner shall eliminate the existing Avenue Road curb cuts and restore the street allowance to City of Toronto
standards, at no cost to the City;
D.Landscaping
(i)the owner shall submit on application for improvement to the public sidewalk/boulevard generally as shown on above
referenced "Proposed Landscape Plan" to the Commissioner of Works and Emergency Services and carry out the
improvements within a reasonable period of time or at the request of the Commissioner of Works and Emergency Services
make a cash contribution to the City equal to the value of the improvements for the Commissioner to undertake the
improvements as part of a comprehensive program;
(ii)the owner shall, prior to the issuance of any at or above grade building permit for the lands at 866 Avenue Road, pay
to the City, by certified cheque $14,182.67 to cover the cost of removal of City-owned trees;
E.Reference Plan of Survey and Dimensioned Plans
(i)the owner shall submit to the Commissioner of Works and Emergency Services:
(a)A Reference Plan of Survey, in metric units and integrated with the Ontario Co-ordinate system, delineating thereon
by separate PARTS the lands under application and any rights-of-way appurtenant thereto;
(b)Final approved drawings of the development with sufficient horizontal and vertical dimensions of the exterior walls of
the proposed building and the canopy structure over the gasoline pumps to enable the preparation of building envelope
plans;
and such plans should be submitted at least 3 weeks prior to the introduction of bills in Council;
F.Transformer Vaults
(i)the owner shall provide space within the development for the construction of any transformer vaults, Hydro and Bell
maintenance holes and sewer maintenance holes required in connection with the development;
G.Studies Required by Civic Officials
(i)the owner shall submit to, and have approved by, the Commissioner of Works and Emergency Services, prior to the
introduction of a bill in Council, a Material Recovery and Waste Reduction Plan addressing strategies for material recovery
and waste reduction within the development;
(ii)the owner shall provide, maintain and operate the material recovery and waste reduction measures, facilities and
strategies stipulated in the plan approved by the Commissioner of Works and Emergency Services;
(iii)the owner shall submit to the Commissioner of Urban Planning and Development Services a Noise Impact Statement
in accordance with Council's requirements prior to the introduction of a bill in Council;
(iv)the owner shall have a qualified Architect/Acoustical Consultant certify, in writing, to the Commissioner of Urban
Planning and Development Services that the development has been designed and constructed in accordance with the
approved Noise Impact Statement;
(v)the owner shall immediately conduct a detailed historical review of the site to identify all existing and past land uses
which could have resulted in negative environmental effects to the subject site. This report should be submitted to the
Commissioner of Urban Planning and Development Services for review by the Medical Officer of Health, prior to the
issuance of any permit;
(vi)the owner shall conduct a site and building audit for the identification of all hazardous materials on the site and in
existing buildings. The removal of these materials should be conducted in accordance with Ministry of Labour and
Ministry of Environment Guidelines. A report on the site and building audit should be submitted to the Commissioner of
Urban Planning and Development Services for review by the Medical Officer of Health, prior to the issuance of any
permit;
(vii)the owner shall conduct a soil and groundwater testing program and produce a Soil and Groundwater Management
Plan which characterizes soil and groundwater conditions and proposes remediation options, to be submitted to the
Commissioner of Urban Planning and Development Services, for review and approval by the Medical Officer of Health,
prior to the issuance of any permit;
(viii)the owner shall implement under the supervision of an on-site qualified environmental consultant, the Soil and
Groundwater Management Plan as stipulated in the report approved by the Medical Officer of Health, and upon
completion, submit a report from the on-site environmental consultant, to the Medical Officer of Health, certifying that the
remediation has been completed in accordance with the Soil and Groundwater Management Plan;
(ix)the owner shall prepared a Demolition and Excavation Dust Control Plan and submit this plan to the Commissioner
of Urban Planning and Development Services for approval by the Medical Officer of Health, prior to the issuance of any
permit; and
(x)the owner shall implement the measures in the Demolition and Excavation Dust Control Plan approved by the
Medical Officer of Health.
5.That the owner be advised:
(a)Of the need to receive the approval of the Commissioner of Works and Emergency Services for any work to be carried
out within the street allowance;
(b)that the Avenue Road and Chaplin Crescent boulevards must be designed in accordance with the guidelines of Works
and Emergency Services;
(c)of the need to obtain building location access and streetscape permits from the Commissioner of Works and
Emergency Services prior to construction of this project;
(d)that the storm water runoff originating from the site should be disposed of through infiltration into the ground and that
storm connections to the sewer system will only be permitted subject to the review and approval by the Commissioner of
Works and Emergency Services of an engineering report detailing that site or soil conditions are unsuitable, the soil is
contaminated or that processes associated with the development on the site may contaminate the storm runoff;
(e)that issuance of any permit by the Chief Building Official will be conditional upon the proposal's full compliance with
all relevant provisions of the Ontario Building Code; and
(f)that the above approval of plans does not include the approval of the signage shown on these plans. Signage is
regulated under Chapter 297 of the Municipal Code of the former City of Toronto. The owner is advised to make
application for a Preliminary Zoning Review and, if required, a Sign Variance application.
Comments:
1.The Site and Proposal
This site, at the south-west corner of Avenue Road and Chaplin Crescent, borders the Belt Line Park and Forest Hill Road
Park on the south, and is adjacent to detached dwelling houses to the west, north and north-east. A 'Petro Canada' gas bar
to the east at 861 Avenue Road also exists as a legal non-conforming use within this residential area (Map No. 1). Avenue
Road is a major arterial road with high traffic volumes and Chaplin Crescent functions as a collector, although both roads
are almost entirely residential in character south of Eglinton Avenue West.
An auto service station has been established at this location for many years, and the present building, which is
distinguished by fieldstone facing, was constructed about 1962 and expanded pursuant to a favourable Committee of
Adjustment decision in 1989.
The proposal is to demolish the existing service station building and construct a self-serve gas bar and convenience
store/station attendant building. New pump islands, fuel storage tanks and a canopy structure will be constructed. Access
driveways would be modified to use only the existing southern driveway on Avenue Road and the existing driveway on
Chaplin Crescent. Six parking spaces are proposed, one of which will be for handicapped persons. The plan includes new
landscaping, fencing and a walkway connection to the adjacent Belt Line Park.
New signage, both freestanding and attached to the store and canopy, is proposed and will be considered through a separate
application process.
2.Applicable Planning Controls
The site is designated as a Low Density Residence Area in both the Official Plan and the Yonge-Eglinton Part II Plan. It is
located within an R2 (residential) zone district. The service station exists as a legal non-conforming use. The Planning Act
recognizes legal non-conforming uses and permits their continued operation indefinitely, but sets close limits and
conditions on changes or expansion. City planning policy on legal non-conforming uses is discussed in Section 6 below.
The Zoning By-law (of the former City of Toronto 438-86) as it deals with 'automobile service stations' and 'gas bars' has
been reviewed (Proposals Report - Automobile Service Stations and Gas Bars, November 2, 1998) and amended so that
these two classifications are combined and generally permitted within mixed-use and industrial districts conditional upon
new site planning and sign control measures.
3.Reasons for the Application
The development of a gas bar / convenience store is a change of greater magnitude than what may be considered routine
extensions to a legal non-conforming use as typically come before the Committee of Adjustment. The application requests
that the Official Plan and Zoning Bylaw be amended to permanently recognize a gas bar / convenience store use.
4.The Application Context
The form and pattern of gasoline retailing in Toronto, or elsewhere, has changed considerably from the traditional
'automobile service station' over the past couple of decades. This period has seen the advent of self serve gas bars, the
addition of alternate fuels such as propane and compressed natural gas, and within the area of the former City of Toronto, a
large net reduction in the number of gasoline retailing facilities, many of which have now been redeveloped for other
purposes. More recently, gas retailing has been integrated with convenience store or fast-food retailing, and automotive
repair and servicing functions have been abandoned by the gasoline distributors or become the business of specialist
facilities elsewhere. The major oil companies are now modernizing many of the remaining outlets, and several similar
applications for this purpose are currently before the City.
Approval of this application would mean a change to the land use elements of the Official Plan as the proposed use is not
permitted within Residence Areas, and Section 16.23 states that in the long run, non-conforming uses should cease to exist,
so that the land affected may revert to a use conforming to the Official Plan and Zoning By-law. Here, that would be low
density residential buildings or other 'R2' district uses such as community facilities.
The Plan also has policies on process in those circumstances where amendments to recognize the legal non-conforming use
are considered. Before Council concurs with any extension or enlargement, the Plan provides that it must first consider the
feasibility of acquiring the site for permitted redevelopment, and then evaluate the proposal against the various
requirements set out in Section 16.26. Discussions with the applicant indicate that it is not their intention to sell the site or
to redevelop it for residential purposes and this application expresses their intention to update the facilities so as to
continue gasoline retailing at this location.
5.Land Use Issues
This application raises two basic questions of land use policy. One is whether any commercial use should continue, or
whether the site should now revert to residential uses. Reversions of legal non-conforming uses, as contemplated by the
Official Plan, have frequently occurred over the years, but in most cases do so at the initiative of the owner, sometimes
with City support in the form of planning approvals to facilitate redevelopment. The processes for the City to accomplish
this without the cooperation of the owner is expropriation, which is expensive and time-consuming, and which has been
only very rarely employed, mainly for cases of noxious industrial uses within residential areas.
The second land use question is whether the addition of a convenience store is appropriate in the circumstances.
Recent amendment (By-law 218-99) to the Zoning By-law eliminates one original zoning issue, which is the conversion of
an automobile service station to a gas bar. The By-law no longer distinguishes between the two types of facilities.
The approach to this application has accepted the historic pattern of land use and investigated how planning concerns for a
gas retailing facility in these somewhat unique circumstances might be addressed in terms of site planning techniques or
restrictions, and to carry out the process directed by the Official Plan where a legal non-conformity is to be extended or
enlarged. To this end the applicant has withdrawn the initial proposal and resubmitted one which endeavours an improved
response to the character of the surrounding residential and parks area. This latter proposal has been further refined as a
result of technical review and comment from the community.
It is not possible to precisely predict the impact of the retail store, but I expect it to be a relatively minor element of the
operation because the small size of the store / service building, which assigns about 65m2 to actual retail sales operations,
would seem self-limiting. Recommendations 1 and 2 above would restrict the store building to this size, and specify that
restaurant or take-out restaurant uses, which by definition include the cooking, preparation and sale of meals, are not
permitted
6.Synopsis of Official Plan Policy on Legal Non-conforming Uses
Section 16.23 'Future of Non-Conforming Uses' states that in general, legal non-conforming uses should, in the long run,
cease to exist but recognizes exceptions will be made.
Section 16.24 'By-laws to Permit Expansion of Non-Conforming Use' is a provision to allow, by way of rezoning,
expansion of legal non-conforming uses (without amendment to the Official Plan) providing various performance
requirements of Section 16.26 are met. While I believe the current application could reasonably be described as meeting
those performance requirements, the introduction of a retail store is not, in my opinion, an 'extension or enlargement' of
the auto service station, and this application has been made and considered as one to amend the Official Plan, as well as the
Zoning By-law.
Section 16.25 requires that Council consider the feasibility of acquiring the application site, and redeveloping it in
accordance with the Official Plan and Zoning By-law, or reselling it for that purpose. (As-of-right development at this
location is most types of residential buildings, or community service uses such as parks.) This rarely used authority is, I
believe, directed to noxious industrial non-conforming situations. Most City initiated property acquisition occurs in the
context of a comprehensive Community Improvement Plan. The applicant states the property is not for sale, cites their long
ownership of it, and has expressed their intentions to continue gasoline retailing at this location on whatever basis may be
available for the foreseeable future. It should be noted that the auto service station, as a legal non-conformity, could legally
continue operation indefinitely. I conclude that City acquisition of 866 Avenue Road does not appear to be feasible and the
special merits of this case, which are the long established history of gasoline retailing here, and the potential improvements
to the site plan available in a redevelopment scenario, make a permission to continue the operation a reasonable
compromise with the general residential land use policy of the Official Plan which applies to the larger district.
Section 16.26 "Requirements to Protect Public Interest" lists various matters which would be considered in any site plan
appraisal where land use compatibility is of concern, and these factors have guided my assessment of the proposal as
reviewed below.
7.Site Planning Issues, Objectives and Outcomes
This application now represents many specific improvements in site planning standards, compared to the existing
automobile service station: These are:
Massing and Built Form:
The replacement building is smaller, lower and sited on the least obtrusive portion of the site. The elevation facing the park
is more attractive. It no longer houses mechanical service activities.
Canopy:
The gas bar canopy has been custom designed to this installation to minimize its visual impact with minimum height,
indirect area lighting and minimal signage and perimeter lighting. Lights on the underside of the canopy will be required to
be turned off when the gas bar is closed.
Building Materials:
A significant element of the proposal as revised is the re use of flagstone facings on the new building and this is secured
with a specific condition in the recommended Section 37 agreement.
Signage and Lighting:
Signage has been reduced and consolidated and, as previously noted, will be the subject of a Minor Variance application
respecting the Sign By-law. Lighting design will conform to recently developed Guidelines for Gas Bars as adopted by City
Council.
Traffic and Parking:
Traffic circulation on-site is better focussed with reduced access drives, and sufficient parking facilities are supplied.
Pedestrian Facilities:
Reduced curb cuts and the creation of internal walkways clarify circulation and improve pedestrian safety.
Soil and Groundwater:
As a gas station, this site has the potential for soil or groundwater contamination. Soil and ground water management plans
have been submitted for civic review and approval.
Boundary Issues:
The site relationship with the adjacent house at 145 Chaplin Crescent is improved with new landscaped buffer strip and
fencing. Site relationship with the Belt Line and Forest Hill Road Parks is improved with all elements of the site plan but
specifically direct pedestrian connection, and tree replacements.
Landscaping:
This proposal is supported by a detailed landscaping plan which provides a high standard of new landscaping on-site where
there has been none.
There are also 'off-site' landscaping improvements which are recommended for Council approval, and payment by the
applicant for removal and replacement of twenty City owned trees adjacent to the development site. The Belt Line Park
area would be used for replacement of City trees now on the southern property boundary. An application to remove City
trees has been filed by the applicant and the Ward Councillor's notified, in accordance with City Council's streamlined
review process.
Hours of Operation:
One of the most frequently raised concerns of area residents had to do with the hours of operation of the proposed
development. Specifically, residents are opposed to late night and early morning operations which, in any event, are
prohibited by Chapter 199, Article I of the Municipal Code of the former City of Toronto. While the hours of operation
being recommended for the proposed establishment (6 a.m. to 11 p.m.) are less restrictive than those set out in the
Municipal Code they are considered appropriate because (a) they generally address the concerns of area residents, (b) they
also apply to the proposed retail store whereas retail hours are not otherwise regulated, (c) they recognize that Subsection
199-4 of the Code permits site specific exemptions, and (d) the existing regulations, which apply only to the former City of
Toronto, may be amended or deleted as part of the process of harmonization associated with amalgamation.
The applicant has been advised that the recommended hours of operation are to pertain to this site and this circumstance
only and should not prejudice the hours of operation for gas bars anywhere else in the City.
Compressed Air Service:
The applicant has volunteered free access to an air compressor as part of the service facilities on site. I think this is a
meaningful amenity to the numerous cyclists using the Belt Line trail and will be secured by agreement.
Conformity with new Urban Design Guidelines for Gas Bars and Auto Service Stations:
During the course of this application, Council adopted design guidelines for gas bars, and amendments to the Municipal
Code 220-99 which now require Site Plan Approval for all new gas bars and auto service stations. This proposal is
consistent with these guidelines.
8.Community Discussion
This application has been the subject of interest in the community and staff have received considerable comment and
correspondence from individuals, and local associations. Many viewpoints have been expressed, which include opposition
to the continuation of commercial uses, or which question the need for a retail store, or the loss of automobile repair
facilities. The majority of comments made, however, were in respect to the design and operation of the proposed facility. A
public meeting was held in the community on February 26, 1999, notice having been provided in the customary matter to
residents and landowners within 300 m of the site.
Many of the specific recommended conditions of approval respecting the design of the station, the prohibition of restaurant
and take-out uses, and the controlled hours of operation were imposed in response to concerns raised.
Conclusions:
An auto service station has been established at 866 Avenue Road for many years as a legal non-conforming use. The
owners of the property have no desire to sell the property or to redevelop it in accordance with the existing residential
zoning and the continued use of the existing facility could go on indefinitely. City acquisition of the property does not
appear to be warranted as the existing use is neither dangerous nor noxious.
Given the status of the existing development and the potential improvements to the site plan inherent in the proposed
redevelopment I am recommending approval of the proposed gas bar and retail store. The approval would constitute a
specific exception to the general residential designation with controls on the design and operation of the gas bar and retail
store.
Contact Name:
Raymond David
City Planning Division, North Section
Telephone 392-7188
Fax 392-1330
E-mail rdavid@toronto.ca
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Application Data Sheet
| Site Plan Approval: |
N |
|
Application Number: |
198006 |
| Rezoning: |
Y |
|
Application Date: |
April 29, 1998 |
| O. P. A.: |
Y |
|
Date of Revision: |
November 18, 1998 |
Confirmed Municipal Address:866 Avenue Road
| Nearest Intersection: |
South-west corner of Avenue Road and Chaplin Cr. |
|
|
| Project Description: |
Build a retail store and gas bar. |
| Applicant:
Imperial Oil
6 - 2400 Dundas St. W.,
Mississauga |
Agent:
The Butler Group (Consultants) Inc.
300 - 11 Hazelton Ave.
926-8796 |
Architect:
Sterling Finlayson Architects
1491 Dupont Street
532-3377 |
Planning Controls (For verification refer to Chief Building Official)
| Official Plan
Designation: |
LDRA |
Site Specific
Provision: |
No |
| Zoning District: |
R2 Z0.6 |
Historical Status: |
No |
| Height Limit (m): |
9.0 |
Site Plan Control: |
Yes |
Project Information
| Site Area: |
1416.6 m2 |
|
Height: |
Storeys: |
1 |
| Frontage: |
48.7 m |
|
|
Metres: |
4.00 |
| Depth: |
Irregular m |
|
|
|
|
|
|
|
|
Indoor |
Outdoor |
| Ground Floor: |
147.2 m2 |
|
Parking
Spaces: |
|
4 |
| Residential
GFA: |
|
|
Loading
Docks: |
|
|
| Non-Residential GFA: |
147.2 m2 |
|
(number,
type) |
|
|
| Total GFA: |
147.2 m2 |
|
|
|
|
|
Floor Area Breakdown |
|
Land Use |
Above Grade |
Below Grade |
|
Retail |
147.2 m2 |
|
| Proposed Density |
|
|
| Residential Density: |
Non-Residential Density: 0.10 |
Total Density: 0.10 |
| Status: |
Application received. |
| Data
valid: |
November 23, 1998 |
Section: |
CP South District |
Phone: |
392-7333 |
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Appendix A
Comments from Civic Officials
1.Urban Planning and Development Services (Buildings), dated August 26, 1999.
Our comments concerning this proposal are as follows:
Description:Build retail store and gas bar.
Zoning Designation:R2 Z0.6Map:50K-322
Applicable By-law(s):, as amended
Plans prepared by:Sterling Finlayson ArchitectsPlans dated: June 25, 1999
Gross Floor Area (GFA):
Non-Residential GFA:
Zoning Review
The list below indicates where the proposal does not comply with the City's Zoning By-law 438-86, as amended, unless
otherwise referenced.
1.The proposed use, (retail store and gas bar), is not permitted in a district zoned (R2). (Section 6(1)(a))
2.The by-law requires the building to have a minimum side lot line setback of 7.5 metres. The proposed side lot line
setback is (3.0) metres on the (west) side.(Section 6(3) PART II G)
3.The by-law requires a building to have a minimum rear yard setback of 7.5 metres. The proposed rear yard setback is
(0) metres. (Section 6(3) PART II 4)
Other Applicable Legislation and Required Approvals
1.The proposal DOES require Site Plan approval under Section 41 of the Planning Act.
2.The proposal DOES NOT require conveyance of land for parks purposes, or payment in lieu thereof pursuant to
Section 42 of the Planning Act.
3.The proposal DOES NOT require the approval of Heritage Toronto under the Ontario Heritage Act.
4.The issuance of any permit by the Chief Building Official will be conditional upon the proposal's full compliance with
all relevant provisions of the Ontario Building Code.
2.Works and Emergency Services, dated May 13, 1999.
Recommendations:
1. That the owner be required to:
(a)Provide space within the development for the construction of any transformer vaults, Hydro and Bell maintenance
holes and sewer maintenance holes required in connection with the development;
(b)Submit to, and have approved by, the Commissioner of Works and Emergency Services, prior to the introduction of a
bill in Council, a Material Recovery and Waste Reduction Plan addressing strategies for material recovery and waste
reduction within the development;
(c)Provide, maintain and operate the material recovery and waste reduction measures, facilities and strategies stipulated
in the plan approved by the Commissioner of Works and Emergency Services;
(d)If registered agreements are to be entered into, the owner be required to submit to the Commissioner of Works and
Emergency Services:
(i)A Reference Plan of Survey, in metric units and integrated with the Ontario Co-ordinate system, delineating thereon by
separate PARTS the lands under application and any rights-of-way appurtenant thereto;
(ii)Final approved drawings of the development with sufficient horizontal and vertical dimensions of the exterior walls of
the proposed building and the canopy structure over the gasoline pumps to enable the preparation of building envelope
plans;
and such plans should be submitted at least 3 weeks prior to the introduction of bills in Council;
(e)Provide and maintain a minimum of 6 parking spaces on site;
(f)Provide and maintain a minimum access driveway width of 9.0 metres for two-way traffic operations to accommodate
the inbound and outbound tanker trucks;
(g)Eliminate the existing Avenue Road curb cuts and restore the street allowance to City of Toronto standards, at no cost
to the City;
(h) Provide and maintain private refuse collection services for this project;
2.That the owner be advised:
(a)Of the need to receive the approval of the Commissioner of Works and Emergency Services for any work to be carried
out within the street allowance;
(b)That the Avenue Road and Chaplin Crescent boulevards must be designed in accordance with the guidelines of Works
and Emergency Services;
(c)Of the need to obtain building location access and streetscape permits from the Commissioner of Works and
Emergency Services prior to construction of this project; and
(d)That the storm water runoff originating from the site should be disposed of through infiltration into the ground and
that storm connections to the sewer system will only be permitted subject to the review and approval by the Commissioner
of Works and Emergency Services of an engineering report detailing that site or soil conditions are unsuitable, the soil is
contaminated or that processes associated with the development on the site may contaminate the storm runoff.
Comments:
Location
South-west corner of Avenue Road and Chaplin Crescent.
Proposal
Removal of the existing service station on the site and construction of a gas bar and a 134 square metre convenience retail
store.
The proposal was dealt with in a Departmental report dated February 22, 1999. The above recommendations supersede the
recommendations contained in the previous report including the recommendation requiring the submission of a fuel
delivery plan, which has been satisfied.
Parking and Access
The provision of 6 parking spaces, in addition to the parking areas located adjacent to the gasoline pumps, satisfies the
estimated parking demand generated by the project for 2 spaces, whereas, the Zoning By-law, as far as can be ascertained,
does not specify a parking requirement for the proposed uses. The proposed number, dimensions and configuration of the
parking spaces are acceptable.
Access to the site is proposed via two 9.0 metre wide driveways: one off of Chaplin Crescent and one off of Avenue Road.
The access off of Chaplin Crescent is located in close proximity to the Chaplin Crescent/Avenue Road intersection which
is controlled by traffic signals. It was indicated in the previous report that this access could result in operational problems
and that consideration would be given to restricting this driveway to right-in/right-out movements only. In this regard, Mr.
Arv Sestokas, Manager, Real Estate Development of Imperial Oil Limited has submitted a letter dated March 4, 1999 to
this Department, outlining both the current and proposed fuel delivery plan in accordance with Recommendation No. 1(g)
of the Departmental report dated February 22, 1999. Imperial Oil advises that tanker trucks have delivered fuel to this site
for the past 40 years by traveling southbound on Avenue Road, entering the site via the existing Chaplin Crescent access
and upon completion of the delivery, exiting the site via an existing access on Avenue Road, then proceeding northbound.
Fuel deliveries are made once or twice a week, Monday to Saturday between the hours of 7:00 a.m. and 7:00 p.m.
The restriction to turns at the Chaplin Crescent access to right-in/right-out movements only would require fuel delivery
trucks to back out onto Avenue road to exit the site, or alternatively, approach the site from the west through the residential
neighbourhood. In either case, this is problematic. Given the frequency of fuel deliveries and that access at this location has
operated for 40 years with no apparent operational problems, the proposed access configuration is acceptable.
Refuse Collection
This project is not eligible for City refuse collection and, as a result the owner must secure the services of a private refuse
collection firm.
Material Recovery and Waste Reduction
The owner is required to submit a Material Recovery and Waste Reduction Plan which will include:
(a)A description of the waste composition which shall be generated by the development and the expected quantity of
each category of waste material;
(b)A description of the policies, programmes, processes and equipment which will be put in place to carry out material
recovery and waste reduction;
(c)The provision of space required to store and/or process recovered materials; and
(d)Separate accommodation for the recovery, safe storage and disposal of hazardous waste, if any.
The owner is advised that staff of the Operations and Sanitation Division (telephone no. 392-1040) will assist in the format
and content requirements in the preparation of the plan.
Municipal Services and Storm Water Management
The existing water distribution and sanitary sewer systems are adequate to serve this development.
It is the policy of City Council to require the infiltration of storm water run-off into the ground for all new buildings,
whenever possible. Therefore, storm connections to the City sewer system will only be permitted if it can be demonstrated
that infiltrating storm water into the ground is not feasible. Further information regarding storm drainage can be obtained
by contacting the Engineering Branch (telephone no. 392-6787).
Work Within the Road Allowance
Approval for any work to be carried out within the street allowance must be received from this Department. Please note
that curb returns are not permitted at driveway entrances; concrete sidewalks are to be extended across driveways.
Permits
The applicant is required to obtain access and streetscape permits from this Department prior to construction of this
project. Other permits associated with construction activities (such as hoarding, piling/shoring, etc.) may also be required.
The applicant is responsible for obtaining the applicable permits and should be advised to contact the Road Allowance
Control Section (RACS) at 392-2984, regarding the site-specific permit/licence requirements.
3.Public Health, dated August 26, 1998.
Thank you for your request of May 14, 1998 to review and comment on the above referenced site. Staff at Environmental
Health Services (EHS) have reviewed this application and offer the following comments.
Comments:
The applicant proposes the construction of a gas bar and convenience store at the above referenced site which is currently
occupied by an automobile service station that will be demolished in order to accommodate the new development. A
review of the files available to us indicate that site was occupied by Forest Hill Esso (gasoline service station, SIC CODE
6331, 1992). Additional information is required by EHS staff in order to conduct a review of the environmental conditions
at the site. This should include a Historical Review, Site and Building Audit, Soil and Groundwater Management Plan, and
a Dust Control Plan. This information will identify any environmental concerns with respect to soil and groundwater on the
site.
Recommendations:
1.That the owner immediately conduct a detailed historical review of the site to identify all existing and past land uses
which could have resulted in negative environmental effects to the subject site. This report should be submitted to the
Commissioner of Urban Development Services for review by the Medical Officer of Health, prior to the introduction of a
Bill in Council.
2.That the owner conduct a site and building audit for the identification of all hazardous materials on the site and in
existing buildings. The removal of these materials should be conducted in accordance with Ministry of Labour and
Ministry of Environment Guidelines. A report on the site and building audit should be submitted to the Commissioner of
Urban Development Services for review by the Medical Officer of Health, prior to the introduction of a Bill in Council.
3.(i)That the owner shall conduct a soil and groundwater testing program and produce a Soil and Groundwater
Management Plan which characterizes soil and groundwater conditions and proposes remediation options, to be submitted
to the Commissioner of Urban Development Services, for review and approval by the Medical Officer of Health, prior to
the introduction of a Bill in Council.
(ii)That the owner implement under the supervision of an on-site qualified environmental consultant, the Soil and
Groundwater Management Plan as stipulated in the report approved by the Medical Officer of Health, and upon
completion, submit a report from the on-site environmental consultant, to the Medical Officer of Health, certifying that the
remediation has been completed in accordance with the Soil and Groundwater Management Plan.
4.(i)That the owner prepared a Demolition and Excavation Dust Control Plan and submit this plan to the Commissioner
of Urban Development Services for approval by the Medical Officer of Health, prior to the issuance of any permit.
(ii)That the owner implement the measures in the Demolition and Excavation Dust Control Plan approved by the
Medical Officer of Health.
By copy of this letter I have advised the owner/applicant accordingly. If you have any questions please do not hesitate to
contact me at 392-7685.
4.Economic Development Services (Parks and Recreation), dated August 25, 1999.
The applicant proposes to redevelop the site with a convenience store and a gas bar. As part of the redevelopment, the
applicant proposes to provide a pedestrian connection from the site to the Beltline Park through the installation of a wood
access ramp and gate feature. From an operational perspective, the establishment of a pedestrian connection to the Beltline
Park at this location is not desirable given that access to the beltline is currently being provided from Avenue Road. I am
also concerned about the potential interference of the proposed access ramp on cyclists and pedestrians using the trail and
the long-term maintenance issues.
Accordingly, my approval of Landscape Plan No.55A0252-06P date-stamped received June 25, 1999 is contingent upon
the deletion of the proposed wood access ramp and the continuation of planting treatment along the Beltline Park across
this location.
July 22, 1999
This will acknowledge the revised Landscape plans pertaining to the above noted development application which were
circulated to Forestry Services on July 8, 1999. I have reviewed the circulated plans and advised that:
-A written request to remove twenty City-owned tree(s) was filed by the applicant and received by Urban Forestry
Services on May 17, 1999. If City Council approves the request to remove the tree(s) in question, the applicant will be
responsible for covering the monetary value of the tree(s), removal costs and replacement costs which comes to a total of
$14,182.67.
-I advise that the Proposed Landscape Plan, Drawing No. 55A00252-06P, prepared by Dougals W. Kerr & Associates,
Ltd., date stamped as received on June 25, 1999 by Urban Planning and Development Services and on file with the
Commissioner of Urban Planning and Development Services is acceptable at this time conditional upon the above
requirements being fulfilled.
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The Toronto Community Council reports, for the information of Council, having also had before it during consideration of
the foregoing matter, the following communications, and a copy thereof has been submitted to Council under separate
cover:
-(August 24, 1999) from Dr. Peter K. Lewin;
-(August 29, 1999) from Mrs. Thelma Strasser;
-(September 3, 1999) from Tania H. Watts;
-(September 9, 1999) from Mr. and Mrs. Robert G. Small; and
-(Undated) from Mrs. Andrée Vogel
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