HomeMy WebLinkAboutDTS-07-178 - Proposed Zoning Bylaw Amendment And Official Plan Amendment, 160 Ottawa St N
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Report To:
Date of Meeting:
Submitted By:
Prepared By:
Ward(s) Involved:
Date of Report:
Report No.:
Subject:
Development and Technical Services Committee
November 19, 2007
Jeff Willmer, Director of Planning (741-2325)
Jeff Bannon, Senior Planner (741-2643)
Bridgeport - Centre (Coun. John Smola), Chicopee - Grand
River (Coun. Berry Vrbanovic)
November 8, 2007
DTS 07-178
Proposed Zoning Bylaw Amendment and Official Plan
Amendment
160 OTTAWA ST N
CLASSY AUTO SERVICE
RECOMMENDATION:
That the Zone Change Application submitted on behalf of Classy Auto Service to allow
for motor vehicle repair and sales and convenience retail as an accessory use to motor
vehicle repair not be circulated until an application is made for a concurrent Official Plan
amendment on lands located at 160 Ottawa St N.
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BACKGROUND:
The subject property is located in the Northeast corner of Ottawa Street North and Weber Street
East. The property was previously occupied with a gas service station and a motor vehicle
repair and sales business which was operated by Mr. Farenga. Mr. Farenga's lease was
terminated at the subject property and he has continued to operate his business at a location on
Courtland Avenue. The gas station use has been discontinued and the building is vacant. He
would now like to return to his previous location at 160 Ottawa St N and operate a motor vehicle
repair and sales business with convenience retail as an accessory use. Motor vehicle repair
and sales and with accessory convenience retail is not a permitted use within the Gas Station
Zone (C-7) and the Low Rise Residential designation and staff has advised the applicant that a
Zone Change and Official Plan Amendment is required. A Zone Change application has been
filed but not an Official Plan Amendment Application.
REPORT:
The applicant is proposing a motor vehicle sales and repair service with convenience retail as
an accessory use on the subject property. A motor vehicle sales and repair business use is
permitted as secondary use to a gas station in the current Gas Station Zone (C-7). Once any
gas station is removed, a zone change would be required as a motor vehicle sales and repair
service is not permitted as the primary use.
Motor vehicle sales and repair businesses are also not permitted within the Low Rise
Residential designation. Section 3.1.2.6 of the City's Official Plan allows for the conversion of
existing functioning service stations not located within a Regional Wellhead Protection
Sensitivity Area. The current property has been vacated and is within Wellhead Protection Area
4 and as a result, it is the opinion of staff that an Official Plan Amendment is required.
City staff have stated our position with respect to Official Plan conformity on numerous
occasions to Mr. Farenga including a formal written response from December 19, 2006 to the
initial inquiry from the applicant, which has been attached as Appendix "B". Staff believe that it
was Council's intent with Section 3.1.2.6 of the City's Official Plan to allow for the continuation of
motor vehicle repair businesses that are secondary to existing gas service stations. The intent
of this policy was to protect the established automotive mechanic in existing situations but
otherwise encourage the reuse of abandoned sites with a land use and development form that
is keeping with the Low Rise Residential Official Plan designation. It is staff's position that once
the gas station use has ceased, the use has been abandoned and the intent of the Official Plan
term "abandoned" relates to the use and not the ownership of the property. The applicant
argues that the site has not been abandoned as the property is still owned and retained. Again,
the intent of the Official Plan is that once the primary use of a gas station has ceased, the
secondary use of motor vehicle repair and sales also does not continue and a Zone Change
and Official Plan Amendment would be required.
FINANCIAL IMPLICATIONS:
No new or additional capital budget requests are expected with this recommendation.
COMMUNICATIONS:
This request has not warranted further communication with the public and has not been
circulated to other City staff.
CONCLUSION:
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In summary, the Department of Development and Technical Services recommends that the
Zone Change Application submitted on behalf of Classy Auto Service not be circulated until an
application is made for a concurrent Official Plan amendment.
Jeff Bannon, MCIP, RPP
Senior Planner
Della Ross, MCIP, RPP
Manager of Development Review
Jeff Willmer, RPP, MCIP
Director of Planning
List of Attachments
Appendix "A" - Official Plan Section 3.1 .2
Appendix "B" - Planning Opinion Letter - December 19, 2006
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