Report to/Rapport au :


Planning and Environment Committee

Comité de l'urbanisme et de l'environnement


and Council / et au Conseil


15 March 2006 / le 15 mars 2006


Submitted by/Soumis par :  Ned Lathrop, Deputy City Manager /

Directeur municipal adjoint

Planning and Growth Management / Urbanisme et Gestion de la croissance  


Contact Person/Personne ressource : Karen Currie, Manager / Gestionnaire

Development Approvals / Approbation des demandes d'aménagement

(613) 580-2424 x28310,


Cumberland (19)

Ref N°: ACS2006-PGM-APR-0069




ZONING - 2301 Tenth Line Road (D02-02-04-0141)




ZONAGE - 2301, Chemin tenth line





City Council approved the following Motion at its 26 April 2006 meeting:


Moved by Councillor R. Jellett

Seconded by Councillor P. Hume


WHEREAS at its meeting of March 28th 2006, the Planning and Environment Committee approved a recommendation to change the zoning at 2301 Tenth Line Road from commercial convenience neighbourhood (CCN) to Commercial Convenience neighbourhood Exception X, (CCN-X'X) to allow for the inclusion of a gas bar and car wash;


AND WHEREAS the Planning and Environment Committee also passed a motion to add a single drive-through as a permitted accessory use;


AND WHEREAS new information has been provided to the ward councillor with respect to how adjoining residents were informed about the new use;


AND WHEREAS while meeting with nearby residents, several expressed opposition to the accessory use and to the zoning change itself;


THEREFORE BE IT RESOLVED that Council refer this item back to the Planning and Environment Committee so as to allow residents the opportunity to appear before the Committee to make their positions known.





That the Planning and Environment Committee recommend Council approve an amendment to the former Cumberland Zoning By-Law to change the zoning of 2301 Tenth Line Road from "CCN" Commercial Convenience Neighbourhood to "CCN-X'X'" Commercial Convenience Neighbourhood - Exception 'X' as shown in Document 1 and as detailed in Document 2, as amended by the following:


1.         That a single drive-through be included as a permitted accessory use.




Que le Comité de l'urbanisme et de l'environnement recommande au Conseil d'approuver une modification de l'ancien Règlement de zonage de Cumberland, de manière à changer le zonage du 2301, chemin Tenth Line, qui passerait de « CCN » quartier commercial de commodité à « CCN-X'X' » quartier commercial de commodité - Exception 'X', tel qu'illustré dans le Document 1 et exposé en détail dans le Document 2, tel que modifié par ce qui suit:


1.         Qu’un service au volant unique fasse partie des utilisations permises au titre des constructions accessoires.





The subject property is located at the north-east corner of the intersection of the future Blackburn Hamlet By-pass and Tenth Line Road. The site is vacant and has a commercial zone that does not permit automotive related uses, such as a gas bar. The west side of Tenth Line Road has been identified for development and is currently vacant, save for a few existing homes on private services. The south west corner of Tenth Line Road and the Blackburn Hamlet By-pass is a property zoned a Commercial Automotive zone.  Immediately to the north of the subject site, along Louis Toscano Drive are street row dwellings. Louis Toscano Drive is a single loaded road abutting the north side of this site.  There will be a sidewalk along the south side of Louis Toscano Drive from Aquaview Drive to this site.  Adjacent to the east side of this site is a stacked row dwelling development currently under construction. To the south of the Blackburn Hamlet By-pass is the Avalon Neighbourhood 4. 





Official Plan


The City Council Approved Official Plan and the former Regional Official Plan designate the site as General Urban, which permits a range of commercial uses including automotive related uses.  This is in contrast to the Cumberland Urban Official Plan, which designates the site as Neighbourhood Commercial.  That designation contemplates uses such as “retail, food and service uses to serve the daily needs of the residential neighbours.”  This does not contemplate automotive related uses. The gas station, with a car wash and convenience store, are only permitted in Highway Commercial and Industrial designations.


Proposed Zoning


The existing Commercial Convenience Neighbourhood Zone permits a range of services, take‑out restaurant, and smaller-scale retail uses.  The applicant has requested a Zoning By-law amendment to add a gas station, car wash and a fast-food/drive-thru restaurant as permitted uses.




Neighbourhood Services


The site was originally envisioned by the former City of Cumberland as this neighbourhood’s day-to-day commercial node - accessible by car and on foot.  The next closest identified neighbourhood commercial site would be over a kilometre east along the Blackburn Hamlet By‑pass. There may be some neighbourhood commercial sites identified in the Mer Bleue Community Design Plan, within proximity to this site.  None of these other neighbourhood commercial sites are or are likely to be within comfortable walking distance for this part of the Avalon Community. The commercial community areas to service this part of Orléans are currently focused along Innes Road primarily near the intersection of Tenth Line Road - which is over 750 metres from this site.  That area offers grocery stores and other big box retail users.  In addition, there are numerous fast food restaurants existing and permitted within that commercial community area.  Document 4 illustrates the relationship of this site with the neighbouring community.


The concept plan, submitted by the applicants, illustrates a gas bar, convenience store and stacking aisles for both the proposed car wash and drive-thru restaurant (see Document 3) .  The potential for all of the requested uses to be sited on the property while ensuring compatibility with the community, has not been demonstrated.  The stacking and service space requirements of the combined gas bar, car wash and take-out window result in much of the site being taken up with automobile waiting spaces with no additional room for provision of other community related services such as a dry cleaner, hair salon and so on.


Neighbourhood Access


This commercial corner is to service the abutting community.  Based on the requested uses, pedestrian access to the site is problematic from that community.  To enter the site the pedestrians would need to cross either the car wash stacking lanes or the drive-thru, and pass adjacent to the garbage to access the proposed convenience store.  This connection between the community and the commercial site is a fundamental tenet of the neighbourhood plan.  The intent is that this site will provide and serve the community to the north by being open to it. The buffering needed for the homes facing and abutting the site from the uses proposed, and the drive-thru/carwash queuing activity, closes the site off from the community and acts as a barrier to pedestrian linkages. 




The anticipated uses on the site would result in at least one of the automobile waiting lines abutting or facing a residential unit. Traditionally gas stations are exceedingly well lit and could become a source of light pollution with respect to the abutting residences on Louis Toscano Drive. Although the gas bar portion of the requested zoning has similar elements of incompatibility, the proposed configuration of the building and pumps, with the pumps located closer to the intersection of Tenth Line Road and the Blackburn Hamlet By-pass, will allow the building to act as a buffer to the homes.  In addition, the typically required fencing and landscaping for commercial sites abutting residential uses will further buffer the adjacent homes. For the fast food drive-thru, noise from order boards, idling vehicles in the stacking aisles and fumes from fast food preparation are additional intrusions into the residential neighbourhood.  Also, the extended hours of operation can result in conflicts with the neighbours. More extensive buffering, beyond a privacy fence and landscaping would be necessary to effectively buffer this use from the abutting homes.  That buffering would also have the effect of isolating the access to the site. The car wash will also be intrusive, however, less so than the drive-thru.  The zoning by‑law contains provisions to situate and buffer the car wash from the residential uses. The predominant conflict with car washes relate to noise.  This can be mitigated as shown on the concept plan and by reorienting the building.  As well, the hours of operation of a car wash are less extensive resulting in less conflict.


While all of the requested uses may physically fit on the site, the buffering required to accommodate them and the layout of the site results in the access to the community to the north being diminished and uninviting.  This connection is a critically important characteristic.  A safe  walking environment from the site to the sidewalk on Louis Toscano Drive which provides the linkage to the higher density residential and recreational areas along Aquaview Drive has only been partially addressed by the proposed on-site walkway and the layout shown on the concept plan. The sidewalk on Louis Toscano Drive, connecting the community, park and high school to this site, will facilitate access by both neighbourhood residents and children, as well as families visiting the area to use the major recreational facilities in the area. Staff are of the opinion that the conflicts between the pedestrian and the queuing activities and other vehicular movements on this site are too great to consider both the requested car wash and the fast food restaurant.


Staff support the proposed Zoning By-law amendment with the exclusion of the fast-food restaurant/take-out window.  This would then allow for the potential of a small plaza or gas station store and car wash to be incorporated into this site to serve the neighbourhood. 


The specifics and functioning of the site will be addressed at the time of site plan application.





Notice of this application was carried out in accordance with the City’s Public Notification and Consultation Policy. The Ward Councillor is aware of this application and the staff recommendation.


Concern was expressed by potential purchasers of the adjacent row dwellings about the impact of the proposal on their homes. 










The application was not processed by the "On Time Decision Date" established for the processing of Zoning By-Law amendments due to the cancellation of the March 14, 2006 Planning and Environment Committee Meeting.





Document 1      Location Map

Document 2      Details of Recommended Zoning

Document 3      Concept Plan

Document 4      Commercial Neighbourhood Locations





Corporate Services Department, City Clerk's Branch to notify the owner Minto Developments Inc., Rod Price, Suite 300, 427 Laurier Ave W., Ottawa ON K1R 7Y2, All Signs, 8692 Russell Road, Navan, ON, K4B 1J1 and Ghislain Lamarche, Program Manager, Assessment, Financial Services Branch (Mail Code: 26-76) of City Council’s decision.


Planning and Growth Management Department to prepare the implementing by-law, forward to Legal Services Branch and undertake the statutory notification.


Corporate Services Department, Legal Services Branch to forward the implementing by-law to City Council.


Document 1


LOCATION MAP                                                                                                                           



Document 2


DETAILS OF RECOMMENDED ZONING                                                                               


The lands identified on Document 1 are to be rezoned from “CCN” Commercial Convenience Neighbourhood to “CCN-X'X' ” Commercial Convenience Neighbourhood - Exception ’X’.  The Exception Zone will add an Automobile Gasoline Bar and a Car Washing Establishment as additional permitted uses for this site.  The Zone Requirements, including the General Provisions, will remain applicable to the proposed exception zone.


Document 3


CONCEPT PLAN                                                                                                                           


Document 4


COMMERCIAL NEIGHBOURHOOD LOCATIONS                                                               


            ZONING - 2301 Tenth Line Road

ZONAGE - 2301, Chemin tenth linE

ACS2006-PGM-APR-0069                                                            CUMBERLAND (19)


The Committee heard from Messrs Rod Price and Jack Stirling, representing Minto Developments.  Mr. Stirling said Minto was working with the City to resolve the drive-through component of this application, and have provided staff with a revised Concept Plan for this two-acre, highway commercial site.  He added that the proponent believes the proposed drive-through will not present a danger to the neighbouring residential community.


In reply to a question from Chair Peter Hume, Planner Cheryl McWilliams said there are still concerns with the revised Concept Plan submitted by the proponent and the amount of buffering that will be required to make the site uninviting for the neighbouring community to walk through.


When asked by Chair Hume why staff are not recommending both the requested car wash and the restaurant, Ms. Karen Currie, Manager, Development Approvals, East/South, said that development within this quadrant includes a large stormwater management pond, a community recreational area and high residential density, all with appropriate zoning.  After analysis, staff concluded it could support the gas bar/car wash component with buffering, but even with buffering additional space will be required to get through.  Ms. Currie added that the revised concept plan is better but that the net effect is the same.


The Ward Councillor, Rob Jellett, asked whether the proponents consulted residents on Louis Toscano Drive.  Mr. Stirling confirmed that this was done: one individual was concerned about the car wash and the others were satisfied with the plan and aware of access requirements.  In reply to Councillor Jellett’s question about the type of drive-through envisioned, Mr. Stirling indicated there is, as of yet, no end buyer for the site but that, once found, they would have to operate in accordance with all City by-laws and regulations.   Councillor Jellett said he was satisfied that Minto has taken all the required steps, and he signalled that he would support an amendment to allow the drive-through when this matter came before Council.


Councillor Jan Harder stated that, because the developer had done due diligence by informing the neighbouring community, and their assurances that the drive-through would be registered on the Agreement of Purchase and Sale, she would propose an amendment calling for the drive-through to be approved.


In response to a question from Chair Hume, Ms. Currie said that staff would not want to see a freestanding Wendy or Tim Horton on this site.  She suggested that any amendment put forward would need to be worded cautiously, and she suggested that “permitted accessory use” be considered.

The Committee Vice-Chair, Peggy Feltmate, asked about the adequacy of the stacking of cars.  Ms. McWilliams said this would be evaluated in greater detail through the Site Plan Approval process.  The Councillor inquired whether, as there is no end user, there were limitations to the fast food premises that could be built on this site.  Ms. McWilliams responded by saying that the Concept Plan currently shows one fast food outlet with one window tied to the convenience store.  She added that, through the site plan process, other permitted uses could be considered.


Councillor Gord Hunter posited that the term “drive through” is a misnomer, since traffic generally crawls through such facilities.  He said pedestrians would be aware of vehicular traffic on the site.  The Councillor said he realised that staff are trying to do the best for the community, but if it came to choosing between a drive-through and a parking lot, he would prefer the drive through because he believes it is safer.


Councillor Alex Cullen stated that, if it wanted to move towards a less car dependent world, Council should not accommodate more drive-through use.  The Councillor also pointed out that this type of facility should not be located in a Commercial Convenience Neighbourhood designation.


Councillor Michel Bellemare referred to a recent application to mitigate the impacts of a drive-through in Stittsville.  He emphasized the importance of considering the impact of such amenities not only on residential neighbourhoods but also on other commercial interests interacting in the same parking lot.  The Councillor wondered to what extent the City could exclude a specific franchise from zonings such as this.  Having heard that this could not be done, Councillor Bellemare said it would be difficult to impose rules on certain franchises and not on others.  In addition, approving different accommodations and different types of uses compromises the ability of staff to deal effectively with the Site Plan process.


Councillor Harder made the point that, in an area such as these, most people use their cars and drive-through facilities.  She called the application forward thinking and a proper use that is being seen more and more throughout the city.  She added that, if there are still concerns about pedestrian safety, a traffic bump could be put in place to further slow down drive-through traffic.


Moved by J. Harder


That a single drive-through use be included as a permitted accessory use.




YEAS (5): J. Harder, G. Hunter, B. Monette, P. Feltmate, P. Hume

NAYS (4): A. Cullen, M. Bellemare, G. Bédard, D. Holmes

The Committee then considered the report recommendation, as amended by the foregoing :


That the Planning and Environment Committee recommend Council approve an amendment to the former Cumberland Zoning By-Law to change the zoning of 2301 Tenth Line Road from "CCN" Commercial Convenience Neighbourhood to "CCN-X'X'" Commercial Convenience Neighbourhood - Exception 'X' as shown in Document 1 and as detailed in Document 2, and that a single drive-through use be included as a permitted accessory use.


                                                                                                            CARRIED, as amended


 [U1]For applications that do not require a map

 [U2]Should include general background, purpose of zoning, amendment, existing zoning and proposed zoning , headings are optional.

 [U3]The issues can be summarized as follows: