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HomeMy WebLinkAboutDTS-08-025 - ZCA07/25/O/JB - 160 Ottawa St N - Shell Canada / Classy Auto ServicesREPORT Report To: Development and Technical Services Committee Date of Meeting: March 3, 2008 Submitted By: Jeff Willmer, Director of Planning X741-2325) Prepared By: Jeff Bannon, Senior Planner X741-2643} Ward(s~ Involved: Bridgeport -Centre (Coon. John Smola) Date of Report: February 14, 2008 Report No.: DTS 08-025 Subject: ZONE CHANGE APPLICATION ZC07/25/0/JB 160 OTTAWA STREET NORTH SHELL CANADA /CLASSY AUTO SERVICE RECOMMENDATION: 1. That Zone Change Application ZC07/25/O/JB (160 Ottawa Street North -Shell Canada} for the purpose of changing the zoning from Gas Station Zone ~C-7~ to Gas Station Zone ~C-7~ with a Special Use Provision to allow motor vehicle sales and repair service, with convenience retail as an accessory use, be refused. 1 2. That staff are directed to work with the owner to discuss other uses which are in conformity with the Low Rise Residential Official Plan designation and are compatible with the surrounding community. 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 owned by Mr. Farenga of Classy Auto Service. The applicant relocated his business to allow for remediation measures to be completed on the property by the owner, Shell Canada. He would now like to return to his previous location at 160 Ottawa Street North and operate a motor vehicle repair and sales business with convenience retail as an accessory use. At the Development and Technical Services Committee on November 19, 2007, City Council determined that an Official Plan Amendment would not be required for this application and directed staff to circulate the Zone Change application. REPORT: Planning Comments The applicant is proposing to change the zoning from Gas Station Zone (C-7} to Gas Station Zone (C-7} with a Special Use Provision to allow motor vehicle sales and repair service as the primary use, with convenience retail as an accessory use. A motor vehicle sales and repair business use is permitted as a secondary use to a gas station in the current Gas Station Zone (C-7}. Once the gas station was removed from this property, a zone change application is required since a motor vehicle sales and repair service as a primary use is not permitted. The subject property is designated as Low Rise Residential which allows for a limited range of neighbourhood commercial uses including service stations. It is the opinion of staff that the use of motor vehicle sales and repair business is not compatible with the surrounding neighbourhood. Section 3.1.2.6 of the City's Official Plan (excerpt attached} allows for the conversion of existing functioning service stations which allows for the continuation of motor vehicle repair businesses subject to certain locational criteria. The intent of this policy is to protect the established automotive mechanic but otherwise to encourage the reuse of sites with a land use and development form that is in keeping with the Low Rise Residential Official Plan designation. The property is located in a primarily residential neighbourhood which incorporates the Kitchener Memorial Auditorium, a nearby religious institution and various other commercial uses along Ottawa Street North. Staff understand that given the configuration of the existing building and location of the property at this busy intersection, other non-residential uses could be compatible with the neighbourhood. These uses preferably would take advantage of the subject lands proximity to the existing transit route and help to support the needs of the nearby residents. An appropriate range of non-residential or mixed-use would be permitted by a modified C-1 orCR-1 zoning. Property Owner Comments Eight responses were received from neighbouring property owners. One respondent was in support of the repair service returning to the subject property and one respondent had no concerns with the relocation of the business to the subject property. Of the remaining responses, the majority of property owners were concerned with the appearance of the property while it was operating as a vehicle repair business and with the fit of the repair business with the community. Other concerns that were raised include the amount of noise that was being generated by the repair service, an increase of traffic while the business was in operation and a concern about the safety of the community while the business was in operation. 2 Compatibility It is the opinion of staff that vehicle repair businesses generally are not compatible with residential neighbourhoods and this is supported by our Official Plan. There is no land use transition from the subject property to the immediately adjacent residential neighbourhood and it is foreseeable that conflicts with neighbours such as noise and appearance of the property, are likely to occur if this property is rezoned as requested. Staff recognize that there is a mix of institutional and commercial uses in close proximity to the subject property and a compatible commercial or institutional land use could be accommodated on the site and would be more compatible. Traffic The subject property is located along a primary arterial road which is known to generate a significant amount of traffic. Although some neighbours have noted concerns with the potential of increased traffic at the intersection, planning staff are of the opinion that there are several other land uses that would be considered to be compatible in low rise residential designations that would also generate a significant flow of traffic. This is expected on primary arterial roadways but staff would prefer to support the development of a transit supportive use. Noise Planning staff also agrees that the proposed use would generate noise levels that could be disruptive to the surrounding community. Department/Agency Comments The application was circulated to all applicable agencies and internal departments and there were eight respondents. Six of those respondents had no concerns. The Region of Waterloo has required a 10 foot road allowance widening along Ottawa Street North from the subject property. The owners have recently completed significant environmental remediation on the property and the documents showing these efforts need to be submitted to the Region of Waterloo for verification of the completed works. The Region of Waterloo also requires that the applicant obtain a Regional Road Access Permit to close the existing Weber Street access and to reconstruct the Ottawa Street access at the easterly limit of the property. It should be stressed that the Region of Waterloo objects to this application until these concerns have been addressed. FINANCIAL IMPLICATIONS: No new or additional capital budget requests are expected with this recommendation. COMMUNICATIONS: Preliminary circulation of the original application was undertaken on November 29, 2007 to department/agencies and all property owners within 120 metres of the site. The advertisement for the zone change appeared in The Record on February 8, 2008. The comments received are discussed in the report above and are attached as Appendices A and B. CONCLUSION: In summary, the Department of Development and Technical Services recommends that Zone Change Application ZC07/25/0/JB be refused. 3 Jeff Bannon, MCIP, RPP Senior Planner Jeff Willmer, RPP, MCIP Director of Planning Att~chments~ Newspaper Advertisement Draft By-law On-Point airphoto Appendix `A' - Official Plan Policy 3.1.2.6 Appendix `B' - Internal/Agency Comments Appendix `C' - Property Owner Comments Della Ross, MCIP, RPP Manager of Development Review 4