Zoning Amendment Application UDZ-97-27 -

Shell Canada Limited -

2831 Bayview Avenue - North York Centre South

 The North York Community Council, after considering the deputations and based on the findings of fact, conclusions and recommendations contained in the following report (April 23, 1998) from the Acting Commissioner of Planning, and for the reasons that the proposal is an appropriate use of the lands, recommends that the application submitted by Shell Canada Limited regarding a Zoning By-law Amendment for 2831 Bayview Avenue, be approved, with the following conditions:

 (1)in connection with the site plan, the number and location of curb cuts be re-evaluated;

 (2)the length of the median on Bayview Avenue, south of Sheppard Avenue East, be extended to prohibit southbound left turns from the gasoline/service station onto Bayview Avenue with the necessary modifications being made to facilitate access to the apartment buildings on the west side of Bayview Avenue.

 The North York Community Council reports having held a statutory public meeting on May 27, 1998, with appropriate notice of this meeting, in accordance with the Planning Act.

 The North York Community Council submits the following report (April 23, 1998) from the Acting Commissioner of Planning:

 Purpose:

 The purpose of this report is to recommend a zoning by-law amendment to permit Shell Canada Limited to redevelop their existing service station site at the southeast corner of Sheppard Avenue East and Bayview Avenue.

 Recommendations:

 It is recommended that Council enact an implementing zoning by-law which allows a car wash and a 162 m5 retail store as additional uses to the existing General Commercial - C1(45) site specific zoning.

 Background:

 History:

 Shell Canada Limited have objected to Official Plan Amendment No. 392. The City has requested the proponent to withdraw their objection to the proposed secondary plan. In this regard, Shell has indicated that its appeal of OPA 392 will be withdrawn with Council=s consideration of this application.

 Proposal:

 Shell Canada Limited wants to demolish their existing service station building and fuel pumps and redevelop the property to provide a gas bar with four pump islands and an attendant=s booth, a propane island, a 161 m5 retail convenience store and a car wash.

 The total proposed gross floor area for the entire development is 278 m5 (2,993 ft5), representing a density of 0.05 FSI.

 Location:

 The site is located at the southeast corner of Sheppard Avenue East and Bayview Avenue intersection. The property is in the Greenbriar neighbourhood just north of Highway No. 401.

 The lands are adjacent to the North York YMCA. The Bayview Village shopping centre is located across Sheppard Avenue to the north. An ESSO gasoline and service station is located across Bayview Avenue to the west. There are single family dwellings and an apartment building south of the ESSO property. An office complex is located in the northwest quadrant of the intersection.

 The lands are adjacent to the proposed Bayview subway station.

 Official Plan:

 The existing designation for the site is Commercial, and the land is designated Arterial Corridor Area in proposed Official Plan Amendment No. 392. Both designations permit retail and service commercial uses.

 The applicant=s proposal conforms to the policies for development in an Arterial Corridor Area designation.

 Zoning By-law:

 The lands are zoned General Commercial - C1(45) with a site specific restriction allowing only a gasoline service station and accessory uses, a service station and accessory uses, and an automated bank machine.

 The Ontario Municipal Board recently approved a city wide zoning by-law (By-law 32641) which allows retail stores, personal service shops and car washing establishments on properties with C1 zoning provided that the gasoline station property abuts an arterial road, and for car washes, provided that the site is not adjacent to lands zoned One Family Detached Dwelling (R) zone or Multiple Family Dwellings Second Density Zone (RM2). The retail stores and personal service shops can not exceed a 140 m5 gross floor area. Noise fencing must be provided for a car wash use.

 A zoning by-law amendment is needed to accommodate the applicant=s redevelopment proposal.

 Comments from Other Departments and Agencies:

 The Transportation Department has no objections providing the location of the proposed car wash is shifted 7 metres (22.9 feet) to the south in order to provide additional vehicle storage for cars exiting the car wash. This and other matters concerning site access control and road widening will be dealt with at the site plan stage. See attached Schedules AE@ and AF@.

 The Toronto Transit Commission has no objections providing a 7.62 metre (25 foot) minimum horizontal separation is kept between the subway and the fuel storage tanks and piping, providing the proposed vent rack is relocated, and providing notice of potential subway vibration is included in the site plan agreement. In addition, the Toronto Transit Commission will require a temporary surface easement during the construction phase of the subway and a permanent utility easement. See attached Schedule AG@.

 The Public Health Department has no objections providing prior to demolishing the service station, all hazardous materials are properly disposed of in a landfill site, and providing Shell Canada notifies the Technical Standards and Safety Authority of their proposed site modifications. See attached Schedule AH@.

The Parks and Recreation Department requires a 2% cash-in-lieu of parkland dedication payment at the building permit application stage. See attached Schedule AI@.

 The Public Works Department has no objections subject to storm water provisions, service connection provisions and a garbage collection plan. See attached Schedule AJ@.

 Community Consultation:

 A community meeting was held on Monday September 29, 1997.

 A representative from the YMCA noted possible traffic conflicts with their driveways and the accesses onto the Shell property, particularly if traffic increases. There are already traffic conflicts with cars turning into and out of the west side of their property and traffic entering and exiting the existing Shell station.

 Most of the citizens attending the meeting were from the Kenaston Gardens subdivision. These lands are located to the east of the YMCA property on a dead-end street. Their road access is onto Sheppard Avenue at an uncontrolled intersection. The consensus was that they did not object to the proposed gas bar and retail convenience store; but did have concerns with the proposed car wash and the potential additional traffic onto Sheppard Avenue that they thought would be generated from its use.

 Discussion:

 (1)Gasoline Station Properties

 Shell Canada is requesting that a car wash and convenience retail store be added as additional uses to their site which has site specific C1 zoning. The subject site is already being used for a gasoline/service station. The proposed redevelopment includes this use, but in a reconfiguration as a gas bar.

 The adjacent YMCA property is zoned R4-Residential One-Family Detached Dwelling Fourth Density with a site specific provision allowing for recreational, social and educational uses as additional uses (By-law 27088). The existing YMCA is a well established institutional use at this location.

 The adjacent YMCA facility is not a residential use. The City=s strategy to prohibit additional uses to gasoline stations in residential neighbourhoods adjacent to properties with single family residential zoning should not apply to this situation. There is no conflict with adjacent land uses. Noise fencing will provide additional protection to the neighbourhood. The proposed gas bar complex fits in with the existing commercial uses at this intersection. A site specific exception to this strategy is appropriate at this location.

 (2)Retail Store

 The proposed gross floor area of the accessory retail convenience store is above the City=s 140 m5 normal standard by 21 m5 for the building and attached garbage room. As this is only a minor increase in gross floor area, an exception in the proposed zoning by-law amendment to allow a larger gross floor area for these uses is recommended.

 (3)Car Wash Location

 The Transportation Department is concerned that there be enough distance between the exit of the car wash and the driveway access onto Sheppard Avenue. Should vehicles be delayed in making a right turn onto Sheppard Avenue due to traffic, there is the possibility a vehicle jam with the vehicles exiting the car wash. Accordingly, having reviewed the conceptual site plan, they have requested that the car wash be shifted 7 metres (22.9 feet) to the south. This will resolve this traffic issue and will be secured at the time of site plan approval.

 (4)Traffic

 The Transportation Department has confirmed that the capacity of the existing streets will accommodate the traffic emanating from the proposed uses in the redevelopment of the site.

 (5)Site Accesses

 The Transportation Department has requested access and curb improvements, and restrictions on inbound and outbound vehicles movements through site design, pavement markings and signage. This includes the requirement for an extension of the median along Sheppard Avenue. The median will prevent left turns from the site onto Sheppard Avenue. This will assist in traffic flow off of the site particularly near the car wash. In addition, it will provide enhanced traffic safety by preventing left turns from Sheppard Avenue onto the site.

 At the site plan application stage, a bylaw to prevent left turns onto and from Bayview Avenue with appropriate signage will be a condition of approval. This will assist traffic management in the general area and in particular, the YMCA driveway.

 These measures to control access onto and off of the site from both Sheppard Avenue and Bayview Avenue will result in right-in and right-out turning movements only.

(6)Soils and Hazardous Materials

 The Public Health Department considers the proposal to be a site modification. A record of site condition soils assessment report with a peer review is not required. However, the proponents will have to contact the Technical Standards and Safety Authority (TSSA) as required under the Gasoline Handling Act because there will be a relocation of the existing underground fuel tanks.

 The Public Health Department requires that all environmentally hazardous materials be properly disposed of in a landfill.

 (7)Urban Design - Site Plan

 Car wash location; streetscape pedestrian, greening and aesthetics provisions; underground storage tank and vent locations; noise attenuation fencing and notice of subway noise and vibration intrusions will be dealt with at the site plan review stage. Appendix AA@ is a brief summary of these matters. These and other issues will be addressed when the site plan is submitted.

 Conclusions:

 The proposed commercial development is a reworking of an existing service/gasoline station to a gas bar with additional uses. The proposed car wash and retail convenience store are additional uses permitted in gasoline stations across the City within C1 zones.

 Design and streetscape concerns will be accommodated at the site plan review stage in conformity with the City=s streetscape guidelines for this area.

 The proposed redevelopment of the existing gasoline and service station is appropriate. A zoning by-law amendment to accommodate the car wash and a retail store as additional uses to the proposed gas bar is recommended.

 Contact Name:

 Michael SaundersTel: 395-7104

  APPENDIX AA@

The site plan approval shall include the following provisions:

 (a)the relocation of the car wash 7 metres (22.9 feet) to the south;

 (b)the extension of the Sheppard Avenue East median to the east to prevent left turn vehicle movements on and off of the site;

 (c)a by-law prohibiting left turn movements into and out of the site onto Bayview Avenue is enacted, and appropriate signage be put in place;

 (d)access and curb improvements as outlined in the letter from the Transportation Department dated January 30, 1998 (see Schedule AE@);

 (e)streetscape and landscaping improvements as outlined in the letter from Metroplanning dated August 8, 1997 (see Schedule AD@), as required by the City=s Sheppard Avenue East Streetscape plan, and as required by Urban Design Division;

 (f)the relocation of the vent racks at least 7.62 metres (25 feet) from the proposed subway structure;

 (g)a 2 metre (6.5 foot) noise attenuation fence along the eastern and southern property lines to the requirements specified in By-law 30901;

 (h)attenuation measures be incorporated into the design of the proposed buildings to reduce noise and vibration to the lowest level technically feasible;

 (i)a clause be included in the agreement notifying of the potential for noise and vibration emanating form the adjacent transit facilities and from traffic on Bayview Avenue and Sheppard Avenue East, and that the Toronto Transit Commission accepts no responsibility for the effects from the noise and vibration; and

 (j)the Owner conveys to the City the required lands along Bayview Avenue and Sheppard Avenue East to secure the rights-of-way for the widening of the intersection as outlined on Schedule AD@.

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 A staff presentation was made by Michael Saunders, Planner, Planning Department, North York Civic Centre.

 The following persons appeared before the North York Community Council in connection with the foregoing matter:

 Mr. Bernard Fox, 26 Rean Drive, in opposition to the car wash establishment proposed because it would generate additional traffic congestion in the area and would only aggravate the existing situation at the Bayview-Sheppard intersection.

 Mr. Murray Balshin, 16 Medlock Drive, in opposition to the application stating his primary objections were with respect to the car wash use proposed and the negative impact it would create on the existing traffic congestion in the area. Mr. Balshin also had environmental and safety concerns about the proposed use in light of the number of children that attend the daycare facility at the YMCA located nearby.

 Mr. Abraham Rashid, Director, YMCA Facility, on behalf of the YMCA, expressing their traffic concerns with the application and the proposed car wash use affecting access into the YMCA facility by its members. In light of the proximity of their daycare facility, Mr. Rashid was also concerned about the negative impact from the carbon monoxide fumes of cars waiting to be washed. Mr. Rashid concluded by requesting that appropriate landscaping and screening be provided in order to reduce the impact of the proposed car wash use.

 Mr. Robert Dragicevic, on behalf of the applicant, Shell Canada Limited, explained the merits of the application addressing the concerns raised and indicated that in terms of this application, the issues with respect to traffic have been canvassed with North York and Metro Transportation staff as well as the TTC and there will be curb improvements and upgrades that will occur at the intersection. All of the accesses will be restricted to right-in and right-out. Mr. Dragicevic further indicated that Shell Canada will be required to provide acoustical fencing, the details of which will be further discussed at the time of site plan review. Other urban design issues such as the screening, landscaping and aesthetic provisions will also be reviewed at that time. In addition he stated that these locations have been identified by the City as appropriate locations for car wash establishments. In this particular case, the facility can accommodate from 45 to 60 vehicles per hour as well as provision for 24 stacking places.

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 (Copies of the schedules, draft official plan amendment and draft zoning by-law amendment referred to in the foregoing report are on file in the office of the City Clerk, North York Civic Centre.)