11. ZONING - 2301 Tenth Line Road |
Committee recommendation as
amended
That 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.
Recommandation modifiÉe du Comité
Que le Conseil approuve 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 modifiée par ce qui suit :
1. Qu’un service au volant unique soit compris comme
utilisation accessoire permise.
Documentation
1. Deputy City Manager's report (Planning
and Growth Management) dated
15 March 2006 (ACS2006-PGM-APR-0069).
2. Extract of Draft Minute, 28 March 2006.
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, Karen.Currie@ottawa.ca
SUBJECT: |
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OBJET : |
REPORT RECOMMENDATION
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.
RECOMMANDATION DU RAPPORT
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.
BACKGROUND
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.
DISCUSSION
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.
Issues
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.
Compatibility
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.
CONSULTATION
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.
N/A
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.
SUPPORTING DOCUMENTATION
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 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 (Revised)
Document 4
COMMERCIAL NEIGHBOURHOOD LOCATIONS
ZONING - 2301 Tenth
Line Road
ZONAGE - 2301,
Chemin tenth linE
ACS2006-PGM-APR-0069 CUMBERLAND (19)
Committee Chair Hume read a statement required under the Planning Act, wherein he advised that anyone who intends to appeal this proposed Zoning By-Law Amendment to the Ontario Municipal Board (OMB), must either voice their objections at the public meeting, or submit their comments in writing prior to the amendment being adopted by City Council. Failure to do so could result in refusal/dismissal of the appeal by the OMB.
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 this, 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 there have
been no deaths, and if there are still concerns, 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.
carried
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.
CARRIED,
as amended