staff report action required - toronto...a gasoline bar (vehicle fuel station) on the 2 keelesdale...

Request for Direction Report V.01/11

2 Keelesdale RRequest for

Date:

To:

From:

Wards:

Reference Number:

SUMMARY

This asoutherly portion of the lands municipally known as 1028-CouncZoning By

The property owner has appealed this application to the Ontario Municipal Board (OMB) citing the City's failure to render a Planning Actrecommends approvalSite Plan Control City Council direction for staff to attend the OMB hearing in suppo

RECOMMENDATIONS

The City Planning Division recommends that:

1.

Request for Direction Report V.01/11

2 Keelesdale RRequest for

Date:

December

Etobicoke York

From:

Director, Community Planning,

Wards:

Ward

Reference Number:

10 317380 WET 12 SA

SUMMARY

This application proposes southerly portion of the lands municipally known as

-2013 to amend former City of York Zoning Byouncil at its Julyoning By-law is now in full force and effect.

The property owner has appealed this application to the Ontario Municipal Board (OMB) citing the City's failure to render a Planning Act. This report reviews and recommends approvalSite Plan Control City Council direction for staff to attend the OMB hearing in suppo

RECOMMENDATIONS

The City Planning Division recommends

City Council instruct the City Solicitor, any other appropriate City staff to attend the OMB hearing in support of the proposal, subject to the conditions of Site P

Request for Direction Report – Site Plan Control Appeal

2 Keelesdale RoadRequest for Direction

December 6, 2013

Etobicoke York


Ward 12 – York South

10 317380 WET 12 SA

proposes the development of southerly portion of the lands municipally known as

2013 to amend former City of York Zoning ByJuly

16, 17 18 andlaw is now in full force and effect.

The property owner has appealed this application to the Ontario Municipal Board (OMB) citing the City's failure to render a

his report reviews and recommends approval

in principleSite Plan Control application and seeks City Council direction for staff to attend the OMB hearing in support of this applicati

RECOMMENDATIONS


City Council instruct the City Solicitor, City Planning staffany other appropriate City staff to attend the OMB hearing in support

proposal, subject to the conditions of Site Plan Approval set

Site Plan Control Appeal

d

– Site Plan Control Application

Direction Report

2013

Community Council


York South-Weston

10 317380 WET 12 SA

he development of southerly portion of the lands municipally known as

2013 to amend former City of York Zoning By16, 17 18 and

19, 2013 law is now in full force and effect.

The property owner has appealed this application to the Ontario Municipal Board (OMB) citing the City's failure to render a decision within the time frame established by the

his report reviews and in principle

of the application and seeks

City Council direction for staff to attend the rt of this application.

RECOMMENDATIONS


City Council instruct the City City Planning staff

and any other appropriate City staff to attend the OMB hearing in support

proposal, subject to the lan Approval set

Site Plan Control Appeal –

STAFF REPORTACTION REQUIRED

Site Plan Control Application Report

Community Council

Director, Community Planning, Etobicoke York

Weston

he development of a gasoline bar (vehicle fuel station) on the southerly portion of the lands municipally known as 2 Keelesdale R

2013 to amend former City of York Zoning By-19, 2013

meeting to permit the gasoline bar use. The law is now in full force and effect.

The property owner has appealed this application to the Ontario Municipal Board (OMB) decision within the time frame established by the

of the

City Council direction for staff to attend the on.


and any other appropriate City staff to attend the OMB hearing in support

lan Approval set

–

2 Keelesdale R

STAFF REPORTACTION REQUIRED

Site Plan Control Application

Etobicoke York

District

a gasoline bar (vehicle fuel station) on the 2 Keelesdale R-law No. 1-83 was passed by City

to permit the gasoline bar use. The


2 Keelesdale Road

STAFF REPORT

ACTION REQUIRED

Site Plan Control Application

District

a gasoline bar (vehicle fuel station) on the 2 Keelesdale Road. Zoning By

83 was passed by City to permit the gasoline bar use. The


ACTION REQUIRED

Site Plan Control Application –

a gasoline bar (vehicle fuel station) on the Zoning By-law

83 was passed by City to permit the gasoline bar use. The


1

a gasoline bar (vehicle fuel station) on the law

The property owner has appealed this application to the Ontario Municipal Board (OMB)

Request for Direction Report – Site Plan Control Appeal – 2 Keelesdale Road 2 V.01/11

out in Attachment 3 of this report, which may be amended for stylistic and technical reasons, or as otherwise necessary, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

2. City Council instruct the City Solicitor to request the Ontario Municipal Board to withhold any order issuing final Site Plan Approval until it is advised by the City Solicitor that the conditions of Site Plan Approval have been fulfilled to the satisfaction of the Chief Planner and Executive Director, City Planning.

3. In the event that the appeal of this application to the Ontario Municipal Board is withdrawn, City Council delegate back to the Chief Planner and Executive Director, City Planning or her designate, the authority to approve the proposal subject to the conditions of Site Plan Approval set out in Attachment 3, which may be amended for stylistic and technical reasons, or as otherwise necessary, to the satisfaction of the Chief Planner and Executive Director, City Planning, and subsequently to issue final Site Plan Approval.

Financial Impact The recommendations in this report have no financial impact.

DECISION HISTORY Etobicoke York Community Council at its meeting of June 16, 2013 considered a Final Report dated May 28, 2013 from the Director of Community Planning, Etobicoke York District for a Zoning By-law Amendment application to permit a gasoline bar use on the southerly portion of 2 Keelesdale Road. Community Council recommended approval of the application with the following additional recommendations:

1. City Council require the property owner to install a crash wall that will protect the proposed gas station site from any future train derailment. Staff from Municipal Licensing and Standards, and any other necessary Divisions, to work with the local Councillors to design a crash wall that will defer graffiti from taking place on the wall (such as art).

2. City Council request the Ministry of the Environment to provide advice in writing to the City Councillors for Wards 11 and 12 and to the Mount Dennis Community Association, on the steps being taken to address the presence of methane on the 2 Keelesdale Road site.

City Council at its meeting on July 16, 17, 18 and 19, 2013, adopted Community Council's recommendation and enacted Zoning By-law No. 1028-2013 to permit the proposed gasoline bar use. City Council's decision can be viewed at: http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2013.EY25.5

On August 13, 2013 the property owner, Loblaw Properties Limited appealed the subject Site Plan Control application to the Ontario Municipal Board on the basis that a decision

http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2013.EY25.5


had not been made within the time frame prescribed by the Planning Act. A hearing date for this appeal has been scheduled for March 18 and 19, 2014.

On November 18, 2013 the Ward Councillor referred the subject Site Plan Control application to Community Council in accordance with By-law No. 483-2000.

ISSUE BACKGROUND

Proposal The applicant is proposing to develop a gasoline bar (vehicle fuel station) on the southerly portion of the No Frills grocery store site at 2 Keelesdale Road. This facility would feature 6 gas pumps and a 60 m2 sales kiosk with ancillary retail uses. The gasoline bar would be operated by Loblaw Properties Ltd. as a complementary use to the existing food store (see Attachment Nos. 1a and 1b-Site Plan and 2a and 2b-Elevations).

Further information on the proposal is contained in Attachment 4, Application Data Sheet.

Site and Surrounding Area The subject property is located at the southwest quadrant of Eglinton Avenue West and Black Creek Drive and is bounded on the west and south by Photography Drive. The entire site is known as 2 Keelesdale Road and 25 Photography Drive and is approximately 3.03 ha (7.48 acres) in area. It is currently occupied by a 5,455 m2 No Frills food store and associated parking, which was constructed in 2005. The proposed gasoline bar and sales kiosk would be developed on the vacant southerly portion of the site which is approximately 0.65 ha (1.61 acres) in area.

Surrounding land uses include:

North: The vacant former Kodak lands (3500 Eglinton Avenue West) located on the west side of Black Creek Drive and on the east side of Black Creek Drive is the Black Creek valley park system and a baseball field. Just north of the No Frills food store and adjacent to the property is a 0.9 ha vacant parcel of City owned land that was to be used for a potential future transit facility.

South: A vacant parcel of land and the Metrolinx and Canadian Pacific Railway (CPR) rail corridors.

East: Keelesdale South Park and the Black Creek valley park system. The southeast corner of Eglinton Avenue West and Black Creek Drive is the location of the York Community Centre that is currently under construction.

West: Photography Drive and the Metrolinx and CPR rail corridor.


Provincial Policy Statement and Provincial Plans The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. The PPS sets the policy foundation for regulating the development and use of land. The key objectives include: building strong communities; wise use and management of resources; and protecting public health and safety. City Council’s planning decisions are required to be consistent with the PPS.

The Growth Plan for the Greater Golden Horseshoe provides a framework for managing growth in the Greater Golden Horseshoe including: directions for where and how to grow; the provision of infrastructure to support growth; and protecting natural systems and cultivating a culture of conservation.

City Council’s planning decisions are required by the Planning Act, to conform, or not conflict, with the Growth Plan for the Greater Golden Horseshoe.

Official Plan The Official Plan designates the site Mixed Use Areas on Land Use Map 17. Mixed Use Areas are made up of a broad range of commercial, residential and institutional uses, in single use or mixed use buildings, as well as parks and open spaces and utilities.

The development criteria for Mixed Use Areas (Section 4.5.2) that are applicable include:

Providing an attractive, safe and comfortable pedestrian environment;

Providing good site access, circulation and supply of parking; and

Locating and screening service areas and garbage storage to minimize impacts on adjacent streets.

The Built Form policies of the Official Plan (Sections 3.1.1 and 3.1.2) require that new development be located and organized to fit with its existing and/or planned context and frame and support adjacent streets, parks and open spaces to improve the safety, pedestrian interest and casual views to these spaces from the development. New development should also locate and organize vehicle parking, vehicular access, service areas and utilities to minimize their impact on the property and on surrounding properties. Developments should also improve the safety and attractiveness of adjacent streets, parks and open spaces.

Zoning The property is zoned City Centre Mixed Use (CCM) in former City of York Zoning By-law No. 1-83. The property is also subject to site-specific zoning under Section 16 (336) and Section 16 (390) of Zoning By-law No. 1-83. Section 16 (390) was recently amended by Zoning By-law No. 1028-2013 to add a gasoline bar use to the permitted uses on the lands and to restrict this use to the southerly portion of the site abutting the Black Creek Drive and Photography Drive intersection.


In accordance with the established transition protocol, the site was excluded from the new City of Toronto Zoning By-law No. 569-2013, as the site was the subject of a complete Zoning By-law Amendment application prior to the passage of this Zoning By-law.

Agency Circulation The Site Plan Control application was circulated to all appropriate agencies and City divisions. Responses received have been used to assist in evaluating the application.

COMMENTS

Provincial Policy Statement and Provincial Plans The proposal is consistent with the PPS and conforms to the Growth Plan for the Greater Golden Horseshoe. Section 2.2.6 of the Growth Plan and Section 1.3 of the PPS state that municipalities shall promote economic development and competitiveness by providing for an appropriate mix and range of employment uses while protecting and preserving Employment Areas for current and future uses. The proposed gasoline bar would contribute to the adjacent employment area by providing a service to local businesses and adjacent uses.

Land Use The proposed 60 m2, 6 pump gasoline bar and sales kiosk is a use provided for by the Official Plan Mixed Use Areas designation applicable to the site. The proposed development also complies with the existing Site Specific Zoning for the site.

Being located in a high traffic area at the southwest quadrant of Black Creek Drive and Eglinton Avenue West, which is identified as an Avenue in the City's Official Plan, the gas bar would provide a service for area residents and local businesses and general traffic through the area. Staff are of the opinion the proposal is an appropriate development and use of the vacant land.

Mixed Use Areas Development and Built Form The proposal would provide appropriate setbacks from the property line and provide a safe and comfortable pedestrian environment, good site access and circulation and an adequate supply of parking for visitors. Additionally, the fuel storage tanks and truck lay-by area would be located to the rear of the property along with the screened garbage storage area, away from the street edge.

Being located on a corner (Black Creek Drive and Photography Drive), the proposed building would be situated along both street frontages providing an improved prominence and attractiveness to this vacant corner. The development would also be clearly visible from the street, minimize curb cuts by utilizing the existing driveways off both adjacent streets and integrate a screened garbage storage area adjacent to the building.

Other urban design elements such as pedestrian/sidewalk connections to Black Creek Drive, landscaping of the site to ensure visibility from Black Creek Drive and


Photography Drive and the overall site function with the adjacent property to the north would be secured through the approval of this Site Plan Control application.

Staff are of the opinion the proposal is in keeping with the development criteria in the Mixed Use Areas designation (Section 4.5.2) and Built Form policies (Sections 3.1.1 and 3.1.2) of the Official Plan.

Urban Design Guidelines In reviewing the Site Plan Control application for this site, urban design criteria for gas stations (automobile service stations and gas bars) were taken into consideration. These guidelines provide principal design criteria for automobile service stations and gas bars, to ensure an appropriate fit into the surrounding area context. They also ensure appropriate visibility and corporate identity while assuring that potentially impactful components of such developments have been properly addressed. These design criteria provide guidance on the following:

Site and Building Organization;

Vehicular and Pedestrian Access;

Built Form and Design;

Streetscape and Pedestrian Amenity;

Landscaping and Environment;

Lighting;

Signage; and

Safety.

Staff have worked with the applicant to ensure the design of the proposed development respects these urban design criteria. The current Site Plan proposal satisfactorily addresses these criteria.

Crash Wall Requirement

City Council adopted Community Council's recommendation that the property owner install a crash wall on site, to address safety concerns pertaining to the potential for a train derailment. As noted in the final staff report on the Zoning By-law Amendment application, Planning staff had no safety concerns with the location of the gas bar and fuel pumps and did not require a crash wall on the basis of comments received from the adjacent rail line operators (Metrolinx and CP Rail). As part of the review of the subject Site Plan Control application, the City Solicitor confirmed with both railway authorities that there were no concerns with the location and design of the proposed gas bar. Moreover, the nearest proposed fuel pump is approximately 40 m from the property line of the subject site. In total, the approximate distance from the nearest proposed fuel pump to the rail lines is 89 m. This distance is well in excess of the 30 m setback requirement that would typically be applied to sensitive uses such as residential developments adjacent to the rail corridors.


When approving the Zoning By-law Amendment, no direction was given by City Council on how the requirement to install a crash wall on site was to be secured. The City Solicitor advised City Planning staff there is no statutory authority to secure this requirement in either the Zoning By-law or through the Site Plan Control approval process. However, Planning staff attempted to secure this requirement through the Site Plan Control approval process with the applicants consent. The applicant declined to include a crash wall and subsequently filed an appeal of their Site Plan Control application the Ontario Municipal Board citing the City's failure to render a decision within the time frame established by the Planning Act.

On the basis of the comments received from the railway authorities and the separation distance of the nearest proposed fuel pump to the railway corridor, Planning staff continue to be of opinion that a crash wall is not warranted on the subject site.

Ministry of the Environment Comments As noted, a Zoning By-law Amendment to permit a gasoline bar use on the southerly portion of the 2 Keelesdale Road site was passed with conditions by City Council on July 19, 2013. One of the conditions requested the Ministry of the Environment (MOE) to provide written advice on the steps taken to address the presence of methane on the site.

The Ministry of Environment has since been contacted and they have advised Planning staff of the following:

Periodic site inspections are conducted on closed landfill sites in consultation with the City's Solid Waste Management Services staff to both monitor and assess sites.

A site inspection of 2 Keelesdale Road was conducted on June 29, 2012 and no action items resulted from the inspection.

Where development areas are on closed landfill sites, as in the case of 2 Keelesdale Road, the MOE has guidelines (Guideline D-4 Land Use On or Near Landfills and Dumps, April 1994 and Procedure D-4-1 Assessing Methane Hazards From Landfill Sites, November 1987), which provide specific information with respect to assessing and managing methane hazards on these sites. These guidelines are utilized in reviewing land use proposals to restrict and control land uses that the Ministry wishes to see implemented in the vicinity of landfills and dumps, in order to protect the health, safety, convenience and welfare of residents near such facilities.

Guideline D-4 can be viewed at: http://www.ene.gov.on.ca/stdprodconsume/groups/lr/@ene/@resources/documents/resource/std01_079308.pdf

Procedure D-4-1 can be viewed at: http://www.ene.gov.on.ca/stdprodconsume/groups/lr/@ene/@resources/documents/resource/std01_079344.pdf

http://www.ene.gov.on.ca/stdprodconsume/groups/lr/@ene/@resources/documents/resou

rce/std01_079308.pdf

http://www.ene.gov.on.ca/stdprodconsume/groups/lr/@ene/@resources/documents/resou

rce/std01_079344.pdf


MOE also strongly advised the applicant to engage the services of a qualified professional engineer, experienced in the resolution of methane gas and leachate issues in construction on or in the vicinity of closed landfills, to assist them with their development proposal.

The modification of an existing gas venting system, or the installation of a new system, requires an Environmental Compliance Approval from the MOE.

Likewise, the modification of an existing collection and discharge facility for leachate to other than a municipal sanitary sewer, or the installation of a new facility, requires an Environmental Compliance Approval from the Ministry.

The applicant has been advised of the Ministry's comments.

Toronto Green Standard On October 27, 2009 City Council adopted the two-tiered Toronto Green Standard (TGS). The TGS is a set of performance measures for green development. Tier 1 is required for new development. Tier 2 is a voluntary, higher level of performance with financial incentives. Achieving the Toronto Green Standard will improve air and water quality, reduce green house gas emissions and enhance the natural environment. The applicant is required to meet Tier 1 of the TGS and this would be secured through the approval of this Site Plan Control application

Conclusion

The proposed development would satisfy the City's requirements for Site Plan Approval subject to the conditions outlined in Attachment 3. As such, Planning staff supports approval of the proposal, subject to these conditions, which may be amended for stylistic and technical reasons, or as otherwise necessary, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor. It is recommended that City Council direct the City Solicitor and other appropriate City staff to attend the OMB in support of this position and to request the OMB withhold any final approval until the conditions have been satisfied.

In the event the appeal of this application is withdrawn, staff recommend that City Council delegate back to the Chief Planner and Executive Director, City Planning, or her designate, the authority to issue final Site Plan Approval for this proposal, also subject to the conditions outlined in Attachment 3,which may be amended for stylistic and technical reasons, or as otherwise necessary, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

CONTACT Natasha Laing, Planner Tel. No.: (416) 394-8205 Fax No.: (416) 394-6063 E-mail: [email protected]


SIGNATURE

_______________________________ Neil Cresswell, MCIP, RPP Director, Community Planning Etobicoke York District

ATTACHMENTS Attachment 1a: Site Plan (Key Plan) Attachment 1b: Site and Landscape Plan Attachment 2a: Elevations (North and South) Attachment 2b: Elevations (East and West) Attachment 3: Conditions of Site Plan Approval Attachment 4: Application Data Sheet


Attachment 1a: Site Plan (Key Plan)


Attachment 1b: Site and Landscape Plan


Attachment 2a: Elevations (North and South)


Attachment 2b: Elevations (East and West)


Attachment 3: Conditions of Site Plan Approval

The following are the recommended Site Plan drawings and conditions of approval:

Drawing/ Plan No.

Title Prepared By Date

GB-A1.13 Site Plan and Details Turner Fleischer Architects Inc. August 3, 2011 and revised April 29, 2013 (Revision No. 16)

GB-A4.5 Exterior Elevations Turner Fleischer Architects Inc. July 29, 2011 and revised April 29, 2013 (Revision No. 6)

T-1 Tree Preservation Plan Ron Koudys Landscape Architects Inc.

October 26, 2012

L-1 Landscape Plan Ron Koudys Landscape Architects Inc.

September 2010 and revised April 29, 2013 (Revision No.10)

L-2 Landscape Plan Ron Koudys Landscape Architects Inc.

revision 10, dated April 29, 2013

September 2010 and revised April 29, 2013 (Revision No. 10)

C1.1 Site Servicing Plan The Odan/Detech Group Inc September 2010 and revised April 25, 2013 (Revision No. 4)

C1.2 Site Grading Plan The Odan/Detech Group Inc. September 2010 and revised April 25, 2013 (Revision No. 4)

C2.0 Details and Notes The Odan/Detech Group Inc. September 2010 and revised April 26, 2013 (Revision No. 4)

A. PRE-APPROVAL CONDITIONS

LEGAL SERVICES – (Contact Stephanie Morrow at 416-397-5379)

1. Enter into the City’s standard site plan agreement to and including registration of the site plan agreement on title to the subject lands by the City at the Owner’s expense.


ENGINEERING AND CONSTRUCTION SERVICES – (Contact Aina Zeng at 416-394-8070)

2. Widening of Highways that abut on the Land

2.1 Prepare all documents and convey to the City, at nominal cost, triangles shown in highlighting on the attached sketch widening in fee simple, such lands to be free and clear of all physical and title encumbrances, and subject to a right-of-way for access in favour of the Grantor until such time as said lands have been dedicated as a public highway, all to the satisfaction of the Executive Director, Engineering and Construction Services and the City Solicitor;

2.2 Submit a draft Reference Plan of Survey to the Executive Director of Technical Services, for review and approval, prior to depositing it in the Land Registry Office. The plan should:

(a) be in metric units and integrated to the 1983 North American Datum (Canadian Spatial Reference System and the 3 degree Modified Transverse Mercator Projection);

(b) delineate by separate PARTS the lands to be conveyed to the City, the remainder of the site and any appurtenant rights-of-way and easements; and

(c) show the co-ordinate values of the main corners of the subject lands in a schedule on the face of the plan;

2.3 Pay all costs for registration and preparation of reference plan(s);

2.4 Retain a Qualified Person to conduct environmental site assessments for the lands to be conveyed to the City;

2.5 Submit all environmental site assessment reports prepared in accordance with the Record of Site Condition Regulation (O. Reg. 153/04) describing the current conditions of the land to be conveyed to the City and the proposed remedial action plan based on the site condition standards approach, to the Executive Director, Engineering and Construction Services, for peer review;

2.6 Pay all costs associated with the City retaining a third-party peer reviewer including a 7% administrative cost to the City, and submit a certified cheque payable to the City of Toronto in the amount of $3,000.00, as an initial deposit towards the cost of the peer review to the Executive Director; Engineering and Construction Services. Submit further deposits when requested to cover all costs of retaining a third-party peer reviewer (unused funds will be returned to the Owner by the City);

2.7 At the completion of the site remediation process, submit a Statement from the Qualified Person, to the Executive Director, Engineering and Construction Services, for peer review and concurrence, that, based on all necessary supporting environmental documents, the lands to be conveyed to the City meets either:

a. The applicable MOE Generic Site Condition Standards (Table 1, 2, or 3) for the most environmentally sensitive adjacent land use or


b. The Property Specific Standards (PSSs) as approved by the MOE for a Risk Assessment/Risk Management Plan which was conducted in accordance with the City Policies and Conditions for the Acceptance of the Risk Assessed Lands (Clause 18, of the Works Committee Report 2, April 25, 26, and 27, 2006) and it is unlikely that there is any off-site contamination resulting from past land uses on the development site, that has migrated on to the adjacent rights-of-way, that would exceed the applicable Site Condition Standards;

CITY PLANNING (Contact Natasha Laing at 416-394-8205)

3. Submit a cost estimate for the proposed landscaping and site improvements to the satisfaction of the Director of Community Planning, Etobicoke York District.

4. Submit a financial security in the amount of 75% of the landscape cost estimate to the Director, Community Planning, Etobicoke York District in the form of a Letter of Credit or certified cheque to guarantee the provision of landscape development works as detailed on the approved Landscape Plan(s).

URBAN FORESTRY (Contact Max Dida at 416-394-8551)

5. The owner must provide a Tree Protection Guarantee in the amount of $ 16,006.00 to ensure that the city owned trees, identified as Tree No. 6, 7, 13, 16, 21, 24, 26-31, 36 and 37 in the Tree Preservation Plan T-1, prepared by Ron Koudys Landscape Architects Inc., dated October 26, 2012, are protected for the duration of the construction process.

6. The owner shall install protective hoarding and install tree protection zone signage to protect the trees identified as Tree No. 6, 7, 13, 16, 21, 24, 26-31, 36 and 37, in the Tree Preservation Plan T-1, prepared by Ron Koudys Landscape Architects Inc., dated October 26, 2012 in accordance with the City of Toronto’s Tree Protection Policy and Specifications for Construction Near Trees, to the satisfaction of the General Manager of Parks, Forestry and Recreation. The owner shall contact Max Dida, Urban Forestry Assistant Planner via telephone at 416-394-8918 in order to arrange for inspection of the protection measures following installation.

B. POST APPROVAL CONDITIONS

In addition to the above pre-approval conditions, the following post approval conditions are to be fulfilled by the owner following site plan approval and will be incorporated into a site plan agreement:

1. The proposed development shall be carried out and maintained in accordance with the plans and drawings referred to herein, to the satisfaction of the City of Toronto.


ENGINEERING AND CONSTRUCTION SERVICES – (Contact Aina Zeng at 416-394-8070)

2. Facilities to Provide Access to and from the Land

2.1 Remove all existing accesses, curb cuts, traffic control sign, etc. along the development site frontage that are no longer required and reinstate the boulevard within the right-of-way, in accordance with City standards and to the satisfaction of the Executive Director of Technical Services.

3. Off-street Vehicular Loading and Parking Facilities and Access/Driveways

3.1 The owner agrees that they will not install speed bumps on any main driving aisle or fire route.

4. Facilities for the Landscaping of the Lands or the Protection of Adjoining Lands

4.1 To provide adequate sight distance to view oncoming vehicle and pedestrian traffic when exiting from the existing/proposed property, the owner shall ensure that all vegetation located within 4.5m of the travelled portion of the adjoining public highway do not exceed a maximum height of 0.85m, measured from the travelled surface of the adjoining highway.

5. Stormwater Management, Grading and Site Servicing

5.1 Construct and maintain stormwater management measures/facilities and site grading as recommended in the accepted Stormwater Management Report, and Grading Plan;

5.2 Construct and maintain site servicing indicated on the accepted Site Servicing Drawings;

5.3 Provide certification to the Executive Director of Technical Services by the Professional Engineer who designed and supervised the construction that the stormwater management facilities and site grading have been constructed in accordance with the accepted Stormwater Management Report and the accepted Grading Plans;

5.4 Provide certification to the Executive Director of Technical Services by the Professional Engineer who designed and supervised the construction, that the site servicing facilities have been constructed in accordance with the accepted drawings.

6. Other Conditions

The owner shall apply to have separate service connections installed for each property if, in the future, this property is severed into two or more properties.

CITY PLANNING (Contact Natasha Laing at 416-394-8205)

7. Landscape and Site Improvement 7.1 The owner shall provide and maintain the landscaping for the lands in


accordance with the approved landscape plan to the satisfaction of the Director Community Planning, Etobicoke York District.

ENERGY EFFICIENCY OFFICE (Contact Dalia Bahy (416) 392-6804

8. Construct and maintain the development in accordance with the accepted Energy

Report dated 26/04/2013 and prepared by Paul Palacios to ensure that the energy savings identified continue to be achieved, to the satisfaction of the Executive Director, Facilities Management Division.

URBAN FORESTRY (Contact Max Dida at 416-394-8918)

9. The owner shall implement and maintain for the duration of the construction process, the tree preservation methodologies described in the Tree Preservation Plan.

10. The owner shall instruct a qualified Arborist or other tree care professional satisfactory to Parks, Forestry and Recreation to monitor tree preservation in accordance with the Arborist Report Tree Protection Plan and to provide a report to Urban Forestry on any impacts to trees that are to be protected as caused by construction.

11. The owner shall notify builders, contractors and agents of all tree preservation requirements identified in the Arborist Report / Tree Protection Details or as stipulated by Urban Forestry where any part of the development will be carried out by them on behalf of the owner.

12. Prior to site disturbance the owner must confirm that no migratory birds are making use of the site for nesting. The owner must ensure that the works are in conformance with the Migratory Bird Convention Act and that no migratory bird nests will be impacted by the proposed work.

13. The owner shall install/implement tree planting as per Landscape Plan L-1, prepared by Ron Koudys Landscape Architects Inc., dated October 26, 2012, date stamp as received by City Planning on November 7, 2012.


SITE PLAN ADVISORY COMMENTS

Site Plan Control Application No. 10 317380 WET 12 SA 2 Keelesdale Road PLAN 2008 PT BLK A RP 64R16308 PART 29 Ward 12 - York South-Weston

1. Applicable Zoning By-law(s) 1.1 Notwithstanding this approval, the lands shall be developed in accordance with

the applicable Zoning By-law(s) and it is the responsibility of the owner to ensure that the development is in conformity with the applicable Zoning By-law(s) to the satisfaction of the Chief Building Official.

2. Heritage Preservation Services 2.1 In the event that buried archaeological remains are encountered on the property

during the construction activities, the Owner should immediately notify the Heritage Operations Unit of the Ministry of Culture (416) 314-7146, as well as the City of Toronto, City Planning Division, Policy and Research Section, Heritage Preservation Services Unit (416) 338-1096.

2.2 In the event that human remains are encountered during construction, the owner should immediately contact both the Ministry of Culture, and the Registrar or Deputy Registrar of Cemeteries at the Cemeteries Regulation Unit, Ministry of Government Services, (416) 326-8404.

3. Urban Forestry – Tree Protection and Plan Review

3.1 Street Tree By-law The applicant has indicated that fourteen (14) trees located on city property adjacent to this site, identified as Tree No. 6, 7, 13, 16, 21, 24, 26-31, 36 and 37, in the Tree Preservation Plan T-1, prepared by Ron Koudys Landscape Architects Inc., dated October 26, 2012, will be protected and that the property owner will provide the requested Tree Protection Guarantee of $ 16,006.00. Protective hoarding must be installed to the satisfaction of Urban Forestry prior to the start of any, on-site, construction related activities and remain functional throughout all phases of construction.

4. Private Tree By-law 4.1 The Arborist report prepared by Ron Koudys Landscape Architects Inc., dated

December 8, 2010 indicates that there are no trees situated on private property qualify for protection under the provisions of the Private Tree By-law.

5. Landscaping 5.1 The Landscape Plan L-1 & L-2, prepared by Ron Koudys Landscape Architects

Inc., dated October 26,2012 indicates that this proposal will include the planting of numerous trees on the private portion of this property. Urban Forestry is in


agreement with the species, sizes and locations of trees to be planted. The on-site landscaping requirements will be provided by the Urban Design sections, as there are no Private Tree by-law requirements for the planting of any replacement trees.

6. Road Allowance Permits. 6.1 The applicant must obtain the necessary authorizations and permits from the

City’s Right-of-Way Management Unit before excavating within or encroaching into the municipal road allowance. The applicant is advised to contact Tamara MacDonald at 416-394-8348 of our Right-of-Way Management Unit regarding site-specific permit and licensing requirements.

6.2 Make satisfactory arrangements with Technical Services Section for the construction of all proposed work within the right-of-ways (changes to driveways and boulevard), provide adequate financial securities, pay engineering and inspection fees equivalent to 5% of the estimated cost of construction, and provide adequate public liability insurance. The applicant is required to submit a detailed cost estimate for all work in the right-of-ways. The applicant is required to contact Development Engineering’s inspector (John D’Orazio, 416-394-8382) prior to commencing any work within the City’s right-of-way.

7. Construction Management Plans. 7.1 The applicant must submit a Construction Management Plan for each stage of the

construction process provided to the satisfaction of this Division. The applicant is not allowed to use the rights-of-way for storing construction equipment/materials or for parking purposes. The applicant is advised to contact the Development Engineering Unit, Hamid Mazaheri 416-394-8462 regarding detailed requirements.

8. Encroachments. 8.1 The applicant is advised that any physical or landscaping features that they

propose to install within public right(s)-of-way are subject to encroachment agreements. The applicant is responsible for the costs of installing and maintaining these encroachments. For further information regarding encroachment agreements, please contact Don Pardoe, Right-of-Way Management Unit at 416-394-8422.

9. Toronto Hydro Approval. 9.1 The applicant shall obtain approval from Toronto Hydro Street Lighting

Incorporated, THSLI, for removing and/or relocating any utility with attached municipal street lighting and for any upgrades. The applicant is advised to contact THSLI (416-542-3195) or www.torontohydro.com/streetlighting

for comment and cost estimates for required fieldwork.

http://www.torontohydro.com/streetlighting


10. Utilities 10.1 The applicant is financially responsible for all costs associated with the

excavation, improvement, removal and/or relocation of any above or below-grade public or private utility resulting from the development of this property.

11. Site Servicing Connections 11.1 The owner will be required to make an application to Toronto Water Division

for the installation of any proposed services within the City right-of-way after acceptance of the stormwater management report and site servicing plan. For further information, please contact Bruce Grainger, District Operations, Toronto Water, Etobicoke York District at 416-394-8454.

12. Fire Services 12.1 As established by Toronto By-Law, Chapter 880, it is required that an approved

fire access route be provided. The application shall be submitted to Toronto Fire Services prior to occupancy. A copy of the application form is enclosed. Please note that when applying for the fire route designation, the address of the No Frills shall be included in the application.

13. Parking 13.1 The proposed vehicle parking supply appears to comply with the requirements

of the York Zoning Bylaw; however, this must be confirmed by the Building Division.


Attachment 4: Application Data Sheet

APPLICATION DATA SHEET

Application Type Site Plan Approval Application Number: 10 317380 WET 12 SA

Details Application Date: December 20, 2010

Municipal Address: 2 KEELESDALE ROAD

Location Description: PLAN 2008 PT BLK A RP 64R16308 PART 29 **GRID W1209

Project Description: Proposal to construct a 60m2

gasoline bar (also referred to as Vehicle Fuel Station) on the vacant portion of the No Frills site.

Applicant: Agent: Architect: Owner:

ZELINKA PRIAMO LTD LOBLAW PROPERTIES LIMITED

PLANNING CONTROLS

Official Plan Designation: Mixed Use Areas Site Specific Provision:

Zoning: Historical Status:

Height Limit (m): Site Plan Control Area:

PROJECT INFORMATION

Site Area (sq. m): 6,500.00 Height: Storeys: 1

Frontage (m): 0 Metres: 3.7

Depth (m): 0

Total Ground Floor Area (sq. m): 60 Total

Total Residential GFA (sq. m): 0 Parking Spaces: 13

Total Non-Residential GFA (sq. m): 60 Loading Docks 0

Total GFA (sq. m): 60

Lot Coverage Ratio (%): 0.9

Floor Space Index: 0.009

DWELLING UNITS FLOOR AREA BREAKDOWN (upon project completion)

Tenure Type: Above Grade Below Grade

Rooms: 0 Residential GFA (sq. m): 0 0

Bachelor: 0 Retail GFA (sq. m): 60 0

1 Bedroom: 0 Office GFA (sq. m): 0 0

2 Bedroom: 0 Industrial GFA (sq. m): 0 0

3 + Bedroom: 0 Institutional/Other GFA (sq. m): 0 0

Total Units: 0

CONTACT: PLANNER NAME: Natasha Laing, Planner

TELEPHONE: (416) 394-8205

staff report action required - toronto...a gasoline bar (vehicle fuel station) on the 2 keelesdale...

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