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Ontario Municipal Board Hearing -
8 South Kingsway (High Park)
The Toronto Community Council recommends that:
(1) Site Plan Approval Application No. 396100 and Application No. 096178 for consent under the former City of Toronto Municipal Code, Chapter 276, Ravines, Article I, for a proposed Gas Bar, Car Wash and Retail Store to be located a 8 South Kingsway, within the Humber Valley Ravine, be refused;
(2) the City Solicitor be authorized to attend the Ontario Municipal Board Hearing set for March 17, 1998, in opposition to the Committee of Adjustment Decision, and to retain outside planning advice; with funds to be payable from Account No. 76539;
(3) the City Solicitor be requested to emphasize the proposed hours of operation of the gas bar in his submission;
(4) the Commissioner of Works and Emergency Services be requested to provide a traffic safety study of the proposed development; and
(5) the Commissioner of Corporate Services be requested to report to the Corporate Services Committee, in Camera if necessary, on the financial and real estate aspects of acquiring the site for park land.
The Toronto Community Council reports, for the information of Council, having requested:
(1) the Commissioner of Urban Planning and Development Services to consult with the Metropolitan Toronto and Region Conservation Authority and Heritage Toronto to examine ways to protect the heritage and conservation aspects of the site; and
(2) Heritage Toronto to report to the Toronto Community Council on the possibility of designating the site under Part IV of the Ontario Heritage Act and on further actions the City could undertake to recognize the importance of this site.
The Toronto Community Council submits the following report (February 4, 1998) from the Commissioner, Urban Development Services:
Purpose:
This report sets out options for City Council, in light of an Ontario Municipal Board hearing now scheduled for March 17, 1998 on this proposal to replace the existing gas station and car wash on a sensitive site in Swansea.
Source of Funds:
Legal Department budget, if outside consultants are required.
Recommendations:
It is recommended that:
(1) Toronto Community Council recommend one or more of the following options (described in this report) for consideration by Toronto City Council at its meeting of March 4, 1998:
Option 1 Adopt the planners recommendations.
Option 2 Retain outside consultant to oppose applications at Ontario Municipal Board.
Option 3 Negotiate a settlement based on improved design and landscaping.
Option 4 Acquire the site for parkland.
(2) If Option 2 is selected, the City Solicitor be authorized to retain an outside planning consultant for the March 17th Hearing.
(3) If Option 4 is to be pursued, the Commissioner of Corporate Services should report (in consultation with the City Solicitor) on real estate and financial implications.
Council Reference/Background/History:
The planning report recommending site plan and ravine control approval for this project to replace an existing Petro Canada gas station and car wash, and add a retail component, was deferred at the September 22 and 23, 1997 former City of Toronto City Council meeting. Planning staff had recommended approval, subject to several conditions, including a land exchange to obtain public ownership of a substantial portion of the Petro Canada site along the Humber River, which is in the process of being designated federally as a AHeritage River@.
Zoning variances to permit the project, granted by the Committee of Adjustment on October 21, 1997 were appealed by area residents, and the consolidated hearing on these matters has recently been set for March 17, 1998.
Concerns about the traffic, heritage and other aspects of the proposal were raised at area public meetings held on the proposal in 1997. A further public meeting has been organized for February 26, 1998.
The street closing and land exchange process is on hold, and on January 21 the Toronto Community Council refused Petro Canada=s application for variances to the sign by-law for the project.
Comments:
Because the Board hearing has now been scheduled, and to give City staff sufficient time to prepare for the hearing, City Council should take a position on the proposal at its meeting of March 4, 1998. I have set out a range of options reflecting the views both of planning staff and other, differing views.
Option 1: Adopt the Planning Report to Approve the Site Plan and Ravine Control Applications and Support Committee of Adjustment Approval of Variances
The advantage of this option is that planning staff could defend it at the Board as a good solution for the site. It achieves many planning, open space and environmental objectives, including public ownership of the river bank through a recommended land exchange, at no cost to the City. It would not be necessary to retain outside planning experts for the hearing.
The disadvantage of this Option is that many area residents, heritage and other groups do not support the planning recommendations. There is a strong local view that the site should be incorporated into parkland.
Option 2: Retain Outside Planning Consultants to Oppose the Applications and Committee of Adjustment Approval at the Ontario Municipal Board.
If the City is successful at the Board, a new gas station and car wash could not be built, and the existing facility would be allowed to remain. However, if Petro Canada is successful but the City does not agree to a land exchange, Petro Canada may be allowed to construct its new proposal without conveying land along the River to the City.
Option 3: Negotiate Improvements to the Gas Station Proposal
It may be possible to negotiate a settlement with Petro Canada that would have the City approve a new gas station and car wash on the site with enhanced landscaping and a gas station design that is more sensitive to the heritage and natural character of the site.
Option 4: Public Acquisition of the Site
The City could acquire all of the site from Petro Canada for public parkland. Total acquisition would be the best way to achieve heritage, environmental and open space objectives. However, since the City would have to pay market value for both the property and the business, this option could have significant financial implications to the City. To reduce these costs, it may be possible to acquire the 8 South Kingsway site in exchange for City owned lands which could be offered to Petro Canada as an alternate gas station site.
Any such exchange would have to comply with the Municipal Act, i.e. the City would have to review market value for its asset. The disadvantage of this option is that it may deny the City proceeds from the sale of its lands.
A final decision on this option would not be possible until after the Ontario Municipal Board hearing on Petro Canada=s application. However, the Commissioner of Corporate Services could be requested now to report on the financial and real estate aspects of pursuing this option.
Contact Name:
Barry Brooks
Telephone: (416) 392-0758
Fax: (416) 392-1330
E-Mail: bbrooks@city.toronto.on.ca
The Toronto Community Council also submits the following report (February 4, 1998) from the Director and Chief Planner, Urban Development Services:
Purpose:
To advise Toronto Community Council of an Ontario Municipal Board Hearing date for 8 South Kingsway.
Funding Sources, Financial Implications and Impact Statement:
Not applicable.
Recommendation:
It is recommended that this report be received for information.
Comments:
The Ontario Municipal Board Hearing for this proposal to replace an existing gas station and car wash at 8 South Kingsway has been set for March 17, 1998. It is important for Council to take a position on this matter at its meeting of March 4, 1998. Accordingly, I am drafting a further supplementary report for consideration at the February 18, 1998 Toronto Community Council meeting, setting out options for City Council to consider.
Contact Name:
Barry Brooks
Telephone: (416) 392-0758
Fax: (416) 392-1330
E-Mail: bbrooks@city.toronto.on.ca
The Toronto Community Council also submits the following report (August 18, 1997) from the Commissioner, Urban Development Services:
Summary:
This report recommends approval of a new gas bar, car wash, and retail store to replace the existing service station and car wash on the west side of South Kingsway, north of The Queensway, adjacent to public open space and on an important heritage site.
The location of the proposal on the banks of the Humber River requires approval for construction on ravine lands; and site plan approval matters are also being reported on, at the request of the Ward Councillor, given special environmental and heritage concerns.
Expansion of the existing uses on the site is permitted by a special exemption in the Zoning By-law, but minor variances to this and other zoning provisions are being sought from the Committee of Adjustment.
The proposal, which also involves a land exchange with the City to provide public ownership of the river bank and important open space connections, has been reviewed by the City=s Parks and Recreation Division, Heritage Toronto and the Conservation Authority, and is acceptable to these and other agencies. Issues raised at two area public meetings on this proposal have also been addressed.
Recommendations:
(1) That City Council consent to Applications No. 396100 and No. 096178 respecting 8 South Kingsway to permit the construction of a gas bar, car wash, and retail store, to be built on stable tableland within the Humber Valley Ravine on the condition the owner enter into a Ravine Control Agreement for 8 South Kingsway requiring:
(a) That the owner shall provide and maintain the landscaping on-site substantially in accordance with Preliminary Plot Plan - Scheme >A= , 8 South Kingsway, dated February 2, 1997 and Landscape Plan, 8 South Kingsway, dated March 25, 1997, both prepared by Petro-Canada, and dated stamped as received on May 2, 1997, all as on file with the Commissioner of Urban Development Services;
(b) That the owner shall replace the one existing 43 cm elm tree to be removed from the site with 10 Freeman maple and 6 white spruce, and shrubs of serviceberry and snowberry; and
(c) That the owner shall reconnect and maintain the storm and sanitary sewer connections to the City=s sewer system to the satisfaction of the Commissioner of City Works Services.
(2) That the City Solicitor be authorized to prepare the necessary agreement to implement Recommendation No. 1.
(3) That City Council approve the plans and drawing submitted with this application for 8 South Kingsway, namely the Preliminary Plot Plan - Scheme A, dated February 7, 1997, Site Services Plan, Grading Plan and Floor Plan dated March 24, 1997 and Exterior Elevations, Roof Plan and Details and Landscape Plan dated March 25, 1997 all date stamped as received May 2, 1997, all prepared by Petro-Canada, all as on file with the Commissioner of Urban Development Services.
(4) That as a condition of City Council approval, the owner enter into an Undertaking Under Section 41 of the Planning Act requiring that;
(A) Develop and Maintain in Accordance with Plans
(1) the proposed development, including all landscaping related thereto, shall be undertaken and maintained substantially in accordance with the drawings referred to above;
(B) Landscaping
(2) the owner shall submit an application for improvements to the public boulevard generally as shown on above referenced Landscaped Plan, to the Commissioner of City Works Services and carry out the improvements for the Commissioner to undertake the improvements within a reasonable period of time or at the request of the Commissioner of City Works 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;
(C) Parking
(3) the owner shall provide and maintain a minimum of 6 parking spaces on the site to serve the project;
(D) Access
(4) the owner shall provide northerly access of 8.0 metres in width, and must provide 4.5 metre curb radii;
(5) the owner shall restrict the proposed southerly access to one-way operations outbound only, with the appropriate signage provided to clearly identify the distinct traffic operation of this access, while the existing northbound left turn restriction for the access at this location will continue to apply;
(6) the owner shall provide and maintain the proposed southerly access of 5.0 metres in width for one-way traffic operations and must provide a 1.0 metre north curb radius and a 7.5 metre south curb radius;
(7) the owner shall ensure all existing curb cuts must be closed and restored to Metropolitan standards;
(8) the owner shall ensure all the access work be at no cost to the Metropolitan Toronto Corporation;
(E) Top of Slope Stability
(9) the owner design and build the development in accordance with the Slope Stability Analysis, prepared by Jacques Whitford Environment Limited and approved by the Metropolitan Toronto and Regional Conservation Authority;
(F) Stormwater Management
(10) the owner submit a stormwater management report for the review and approval of the Metropolitan Toronto and Regional Conservation Authority and the City=s Community Services (Parks and Recreation);
(G) Land Exchange
(11) the owner shall convey a 1,714 square metre parcel of land, which includes a 15 metre set back from the top of slope, and the valley lands down to the Humber River to the City of Toronto for public park purposes in exchange for a City owned 753.0 square metre portion of the northern road allowance of Queen Street West, west of South Kingsway for temporary parking in tandem, while waiting to enter the relocated car wash;
(12) the owner shall prior to the completion of the agreement to exchange the land, complete the soil toxicity test to meet the Ministry of Environment and Energy requirements, geotechnical, and stormwater management studies to meet the Metro Toronto Regional Conservation Authority standards and any necessary remediation work, including removal of the asphalt on lands to be exchanged with the City of Toronto, as requested by the Commissioner of Community Services;
(13) the owner shall pay all out of pocket expenses incurred by the City as a result of the closing and conveyance of the portion of Queen Street West, which is estimated to be $1,500;
(14) the owner shall provide a Reference Plan of Survey, integrated with the Ontario Co-ordinate System, showing the portion of the highway to be closed and conveyed, and the land to be acquired by the City, as separate Parts thereon;
(15) the owner shall pay the applicable Land Transfer Tax for both Parcels of land, with the exact amount to be determined by the Commissioner of Corporate Services;
(16) the owner shall pay for the removal and disposal of the guard rail located along the north limit of the lands;
(17) the owner shall pay for the replacement of the existing ramp type curb and boulevard at the South Kingsway frontage with the City=s standard curb and boulevard treatment, at an estimated cost of $3,700;
(H) Heritage Issues
(18) the owner shall ensure all excavation work related to the caissons should be monitored, on a full time basis, by a licensed archeologist for the duration of earth-moving activities;
(19) the owner shall ensure that the contractor protect any significant archaeological resources requiring mitigative documentation/excavation identified during the course of the monitoring, from further disturbance until such a time that a crew of experienced archaeologist can complete such work;
(20) the owner shall erect at his expense, a historic plaque and illustrated information board on proposed park lands on the table land trail at the rear of the site, to commemorate AThe Toronto Carry Place@ and the ARousseau Trading Post@, to the satisfaction of the Commissioner of Community Services (Parks and Recreation) in consultation with the M.T.R.C.A. and the Commissioner of Urban Development Services;
(I) Hours of Operation
(21) the owner shall submit an application to the Commissioner of City Works Services for a permit to extend the replacement gas bar hours of operation for any period of time;
(J) Studies Required by Civic Officials
(22) the owner shall submit to, and have approved by, the Commissioner of City Works Services, prior to the issuance of a building permit, a Material Recovery and Waste Reduction Plan addressing strategies for material recovery and waste reduction within the development;
(23) the owner shall provide, maintain and operate the material recovery and waste reduction measures, facilities and strategies stipulated in the Material Recovery and Waste Reduction Plan approved by the Commissioner of City Works Services;
(24) the owner shall immediately conduct a detailed historical review of the site to identify all existing and past land uses which could result in negative environmental effects to the subject site. This report should be submitted for review by the Medical Officer of Health, prior to the issuance of a building permit;
(25) the owner shall conduct a site and building audit for the identification of all hazardous materials on site and/or in the existing buildings. The removal of these materials should be conducted in accordance with Ministry of Labour and Ministry of Environment and Energy Guidelines. A report on the site and building audit should be submitted for review by the Medical Officer of Health, prior to the issuance of a building permit;
(26) (i) the owner shall conduct a soil and groundwater testing program and produce a soil and groundwater management plan which characterizes soil conditions and proposes remediation options, to be submitted for approval by the Medical Officer of Health, prior to the issuance of a building permit;
(ii) 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 consultant, to the Medical Officer of Health, certifying that the remediation has been completed in accordance with the soil and groundwater management plan;
(27) (i) the owner prepare a Dust Control Plan and submit this plan to the Commissioner of Urban Development Services for the approval of the Medical Officer of Health, prior to the issuance of any permit; and
(ii) the owner implement the measures in the Dust Control Plan approved by the Medical Officer of Health.
(5) That the owner be advised:
(a) of the need for the approval by the Metropolitan Toronto and Region Conservation Authority prior to the issuance of a building permit;
(b) of the comments of the Chief Building Official respecting the Ontario Building Code;
(c) of the need to submit an application to the Committee of Adjustment for the required variances as listed in the zoning notice from the Commissioner of Urban Development Services;
(d) of the need to obtain building location, access and streetscape permits from the Metro Toronto Transportation Department, prior to the construction of this project;
(e) of the possible need to obtain other permits associated with construction activities (such as hoarding, piling, shoring, etc.);
(f) of the need to contact Metro Toronto Road Allowance Control Section regarding the site-specific permit/licenses required; and
(g) the owner ensure the South Kingsway right-of-way meets the Metro Transportation Department=s requirements for pedestrian accommodation, greening and aesthetics.
Comments:
(1) Project:
The development proposal is for a gas bar and car wash to replace the somewhat smaller existing facilities and to introduce a small retail store as part of the new gas bar.
(2) Location:
The 4,921 m2 site is located on the west side of South Kingsway, immediately north of Queen Street West on the banks of the Humber River and located wholly within the Humber Valley Ravine.
The first European settlement in what later became Toronto is located somewhere near, or on the site.
An unused public road allowance abuts the site to the south.
(3) Requirement of civic officials
(a) The Commissioner of City Works Services has set out requirements relating to parking, connection to the City=s sewer system, work to be carried out in the street allowance, a material recovery and waste reduction plan.
(b) The Commissioner of Community Services (Parks and Recreation) consider the site plan and landscape plan to be acceptable based on the premise of the land exchange between Petro-Canada and the City of Toronto Parks Department.
(c) The Commissioner of Urban Development has set out various advisory comments respecting applicable legislation.
(d) The Medical Officer of Health has set out requirements relating to environmental studies.
(e) The Acting Manager, Historical Preservation of Heritage Toronto (Toronto Historical Board), considers the recommendation of the Archeological consultant to be acceptable and the City should allow the work to proceed on that basis.
(4) Existing Planning Controls
(a) Official Plan Part I and II
The site is designated as Open Space under the new Official Plan Part I, as well as the current Swansea Area Part II Plan. This designation indicates the City=s recognition of the Humber Valley Ravine System.
(b) Zoning By-law (438-86, as amended)
The site is currently zoned G. It was rezoned from AC (a now deleted designation that permitted an auto service station) during the Cityplan process. The agreement with Petro-Canada at the time was to allow the replacement and limited expansion of the existing use through a permissive exception. Section 12(1) 330 (ii) permits a retail store, incidental to the main use, up to a maximum floor area of 186 square metres and sets a height limit of 6 metres. Since the proposed retail uses is 216 m2 in area, a Committee of Adjustment application will be filed for a minor variance to this provision. Committee of Adjustment variances are also required because the proposed gas bar does not exactly meet the definition of an Aautomobile service station@ as set out in the Zoning By-law because the canopy over the pumps exceeds the 6 m height limit by 0.55 m and because there will be more than one building on the lot. As well, the adjacent street allowance which is zoned G, has no special zoning provision that would permit the proposed uses to be expanded as contemplated by the land exchange described in Section 6 of this report.
These matters appear to be minor and appropriately dealt with by the Committee of Adjustment.
(5) Planning Considerations:
(a) Application for Consent under the Ravine Control By-law
The property is located entirely within the Humber Valley Ravine, and is subject to Municipal Code Chapter 276, Ravines, Article I.
The proposal replaces an existing facility, requires the removal of only one tree, offers benefits of increased public access to the river and merits approval on this basis.
The siting of the project is acceptable to the Metropolitan Toronto and Regional Conservation Authority (M.T.R.C.A.) based on the slope stability study and geotechnical soil core testing.
To prevent water, and possible fuel seepage directly into the Ravine Valley lands or the Humber River, City Works Services has agreed to allow reconnection with the sewer system. The M.T.R.C.A. and the City Parks and Recreation Division have also requested a Stormwater Management Report to further review the issue.
(b) Site Plan Approval
The proposal requires the approval of Site Plan Approval by the City.
Site Planning
The applicant has responded to concerns raised by City staff and local residents by reorienting building from the original proposal. The long canopy over the gas pumps (which is an integral part of Petro-Canada=s new image for its gas bars) will be perpendicular to the street, reducing the visual impact and intrusion of the proposed development on the residential neighbourhood to the east. The car wash parking and Astacking@ areas have been moved toward the rear of the site. These arrangements will allow for better visual monitoring of the site by Petro-Canada sales staff.
The height of the station and canopy meets the 6 metre height limit for the site. Only a minor (0.55m) height penetration is required for the maple leaf company logo sign. The lighting of site is designed not to extend beyond the property limits.
Landscaping
The landscape plans have been approved by both Parks and Recreation and Urban Design staff. Native trees and species are proposed to be planted with most emphasis placed on the west side of South Kingsway and the north end of the site, abutting the M.T.R.C.A. parklands.
Parking
The applicant has provided 8 customer parking spaces, including two spaces for people with disabilities. This slightly exceeds the minimum requirements of the Commissioner of City Works Services. In addition, 24 Astacking@ spaces have been provided for the car wash to meet Metro Toronto by-law standards.
Vehicular Access to the Site
While local residents had some concerns about traffic volumes and site access, Metro Transportation Department has undertaken a full review and, subject to access and curb conditions, they have no objections to the proposed development. The new uses replace existing ones that currently generate traffic.
Environmental Issues
Consideration has been given to soil stability by the applicant at the request of the M.T.R.C.A. and the Parks and Recreation Division. Geotechnical studies have been undertaken and the stable top of bank has been established and approved by the M.T.R.C.A. The applicant has been requested to deal with concerns of stormwater run-off on the site by the M.T.R.C.A. and Parks and Recreation. The Commissioner of City Works Services has agreed to allow a reconnection to the City=s sewer system.
Historical Aspects
It is thought that the first European settlement in the Toronto area was located on the Humber River at or near this site, in the form of a trading post established in the 18th century by Jean Baptist Rousseau. A plaque exists on Metro lands south of the site. For this reason, considerable attention has been paid to heritage matters and an Archeological study was undertaken.
The study determined that the trading post site would now be buried under 9 m of land fill that has occurred in the area since the 18th century, and that excavation required for the proposal would not be so deep as to either uncover or damage any archeology related to the historic site.
The Archeological Services Inc. have recommended Athat all excavations work related to the caisson should be monitored, on a full-time basis by a licensed archeologist for the duration of earth-moving activities.@ The Toronto Historical Board concurs with this and it forms part of my reports recommendations. I am also recommending that Petro-Canada erect a historic plaque and an illustrated information board on the table lands trail at the rear of their site, on proposed parkland to both commemorate the history of the AToronto Carry Place@ and ARousseau Trading Post@, and inform hikers using the Humber Valley Ravine park system.
Hours of Operation
The current full service Petro-Canada gas bar currently operates on extended hours. However, Petro-Canada indicated at the community meetings they would like to extend those hours further to a 24 hour operation, on a six month trial basis. This review period would allow them an opportunity to determine the viability of 24 hour operation and the impact on the nearby residential community in terms of complaints. A smaller gas bar nearby currently operates on a 24 hour basis.
Concerns were raised about this extension of hours by some residential owners in the neighbourhood. A review was undertaken by the City Legal staff to determine the regulations governing gas bars adjacent to residential districts. My report recommends that Petro-Canada should submit an application to the City for extension of its hours of operation, as the City standard is 7 a.m. to 7 p.m., and they currently operate beyond those hours.
(6) Land Exchange
The site abuts public open space to the north and south, but extends right to the Humber River waters edge where soil stability and environmental problems are key issues. Introducing public ownership at the rear of the site would allow for a pedestrian connection between the open space areas, completing a missing link in pedestrian access along the Humber. It would also be the most secure way to preclude development activity in a truly sensitive environment.
What this project proposes, therefore, is a land swap that would see the City acquiring the rear of the site now owned by Petro-Canada and the City convey to Petro-Canada half of the unused street allowance abutting the site to the south. The remaining half of the street allowance would remain open, permitting public right-of-way from South Kingsway to the water=s edge.
This land exchange requires the stopping up and closing of half of the street allowance. This is subject to a separate application, and all costs of the lands transaction are to be borne by the applicant.
In addition to public access along the Humber this land exchange pulls the paved area further away from the river and creates better site planning opportunities for vehicular movements in and out of South Kingsway.
CCCC
The Toronto Community Council reports for the information of Council, having also had before it during consideration of the foregoing matter, the following communications, copies of which are on file in the office of the City Clerk:
- (February 18, 1998) from G.V. Martinsons, Swansea Area Ratepayers= Association;
- (February 18, 1998) from Ms. Victoria Masnyk; and
- (February 18, 1998) from Mr. William H. Roberts, Barrister and Solicitor.
The following persons appeared before the Toronto Community Council in connection with the foregoing matter:
- Mr. Peter Chant, Toronto Ontario;
- Mr. William Roberts, Toronto, Ontario;
- Ms. Jilian Saweczko, Toronto, Ontario;
- Ms. Jane Beecroft, Toronto, Ontario;
- Mr. Andrew Paton, Barrister & Solicitor, on behalf of the Applicant;
- Mr. Robert Miller, Toronto, Ontario;
- Mr. Ron Braun, UP Sales & Mktg. PCL Plastics; and
- Ms. Victoria Masnyk, Toronto, Ontario.
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