Public Notice

September 17, 2015 Subject Property: 249 Westminster Ave. W. Lot A, District Lot 4, Group 7, Similkameen Division (Formerly Yale Lytton) District, Plan KAP92015 Application: Temporary Use Permit Application PL2015-059 The applicants are requesting that Council grant a Temporary Use Permit (TUP) to permit the use “motor vehicle sales and rentals” for a three year period. Information: The staff report to Council and permit will be available for public inspection from Friday, September 18, 2015 to Monday, September 28, 2015 at the following locations during hours of operation: • Penticton City Hall, 171 Main Street • Penticton Library, 785 Main Street • Penticton Community Centre, 325 Power Street You can also find this information on the City’s website at www.penticton.ca/publicnotice. Please contact the Planning Department at (250) 490-2501 with any questions. Council Consideration: Council will consider this application at its Regular Council Meeting scheduled for 6:00 p.m., Monday, September 28, 2015, in Council Chambers at Penticton City Hall, 171 Main Street. Public Comments: You may appear in person, or by agent, the evening of the Council meeting, or submit a petition or written comments by mail or email no later than 9:30 a.m., Monday, September 28, 2015 to: Attention: Corporate Officer, City of Penticton 171 Main Street, Penticton, B.C. V2A 5A9 Email: publichearings@penticton.ca.

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Page 2 of 2 For Office Use Only: city\ADDRESS\Westminster Ave W\249\2015 MP 1393\NOTICES\2015-09-17 Public Notice

No letter, report or representation from the public will be received by Council after the conclusion of the September 28, 2015 Council Meeting. Please note that all correspondence submitted to the City of Penticton in response to this Notice will form part of the public record and will be published in a meeting agenda when this matter is before the Council or a Committee of Council. The City considers the author’s address relevant to Council’s consideration of this matter and will disclose this personal information. The author’s phone number and email address is not relevant and should not be included in the correspondence if the author does not wish this personal information disclosed. Those persons with special hearing, language or access needs should contact City Hall at (250) 490-2400 prior to the meeting. Blake Laven, RPP, MCIP Manager of Planning

Council Report

Date: September 28th, 2015 File No: TUP PL2015-059 To: Eric Sorensen, City Manager From: Blake Laven, Planning Manager Subject: Temporary Use Permit to operate a car dealership at 249 Westminster Avenue West

Staff Recommendation

THAT Council approve “Temporary Use Permit PL2015-059”, a permit to allow the use ‘motor vehicles sales and rentals’ at Lot A, District Lot 4, Group 7, Similkameen Division Yale (Formerly Yale Lytton) District, Plan KAP92015, located at 249 Westminster Avenue West, for a three year period.

AND THAT staff are directed to issue the permit.

Background

The subject property (Attachment A) is designated by the City’s Official Community Plan (OCP) as DC (Downtown Commercial). In 2008, City Council supported a zoning amendment to rezone the property from a service commercial zone to a comprehensive development zone (CD4) for a mixed use development. Concurrently, a development permit was applied for featuring two 12-storey residential towers on a three storey podium (15 storeys total) with a mix of retail and office spaces as well as parking in the podium. With the economic downturn, the development permit application was withdraw. The CD zoning is still in place.

The property was originally developed in the 1960s as a Volkswagen Dealership, which operated for a number of years. Since that time, several automobile and other uses have taken place on the property, including a Texaco filling station. In 1996, the main building on the site was divided into a number of smaller rental spaces. The most recent tenant of the main yard and building was Fraserview RV, which ceased operation in 2014. Two smaller businesses: a detail business and a repair shop, continue to operate on the site.

Despite the fact that historically the site has been used for vehicle related uses, under the current zoning, automobile oriented uses are not permitted. The current vehicle related uses and the RV dealership that ceased operation in 2014 were operating under “legal non-conforming” rights. Those rights become extinguished if the use ceases to operate for a period of greater than 6 months, which is the case here for the majority of the property when the RV dealership ceased operation.

The current property owners are still interested in created a mixed use building in-line with the zoning that was put in place in 2008. In the meantime, however, they have been approached by a company wishing to operate a car dealership on the property (Attachment C). As this is not a permitted use under the current

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zoning, they are requesting approval of a temporary use permit (TUP). A TUP would allow for the use to continue for a time for up to three (3) years. After three years an application can be made for an extension.

The applicants have submitted a site plan that shows how the large lease area will be divided (Attachment D). Features of the site plan include:

• Removal of fencing along Westminster Avenue • Installation of two rocked landscape areas which will incorporate car display areas • Removal of fencing and barbwire from most of Brunswick Avenue • The installation of a fenced and screened area on the rear 1/3 of the lot for auto detailing and

vehicles storage • A detail / wash bay • Indoor storage and an office / showroom with guest parking in front • New fascia signage and the replacement of the copy on the existing freestanding sign

No new construction is being proposed at this time.

Proposal

The applicants are requesting that Council grant a temporary use permit (TUP) to permit the use “motor vehicle sales and rentals’ for a three year period.

Financial implication

N/A

Technical review

During staff’s technical review the need for oil and water separators was identified as an important element for this business to not have a negative impact on the City’s storm water draining infrastructure. If Council were to support the temporary use permit, the instillation of oil and water separators would be a requirement at the business licence review stage. This requirement has been communicated to the applicant.

Analysis

Support

The City’s Official Community Plan envisions this property to become part of the city’s vibrant downtown core. The proposed auto dealership is not seen to be in-line with that vision. For this reason, a temporary use permit makes sense, than rezoning the property for the auto sales use. The large lease area is half a hectare in size and is currently vacant. The proposed use is more desirable than a vacant lot.

When considering an application for a temporary use permit, the OCP has established a set of guidelines for Council and staff to follow. The OCP states that temporary use permits may only be issued provided that the proposed use:

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• is not noxious or undesirable; • does not have a negative impact on adjacent lands; • does not create a significant increase in demand for City services; • complies with the DPA guidelines for the area; • operates at hours that do not disturb the surrounding neighbourhood; • will not permanently alter the site; and • complies with council conditions and other provincial and federal enactments

Staff do not feel that the proposal is in conflict with any of the guidelines listed above. For the reasons listed above it is recommended that Council support the issuance of a permit for a 3 year period.

Deny and/or refer

Council may feel that motor vehicle sales are not a desirable use for this lot, even on a temporary basis. If that is the case, Council should not support the application. Alternatively, Council may wish to support the use on a temporary basis, but would like to see additional landscaping and/or other considerations included in the approval.

Alternate recommendations

THAT Council not approve “Temporary Use Permit PL2015-059”

THAT Council approve “Temporary Use Permit PL20115-059” with conditions that Council feels are applicable.

Attachments

Attachment A – Subject Property Location Map Attachment B – Images of Subject Property Attachment C – Letter from Applicant Attachment C – Proposed Plans Attachment D- Temporary Use Permit PL2015-059 Respectfully submitted,

Blake Laven, MCIP, RPP Planning Manager

Approvals

Director City Manager Concurrence

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Attachment A Subject Property Location Map

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Attachment B Photos of Subject Property

View of subject property from Westminster Avenue looking north. Large freestanding sign in the left foreground to remain with new sign copy. Showroom and storage building in the mid ground to be utilized as part of the business and tidied up

Image of Subject property from corner of Westminster Avenue and Brunswick Street looking east. Fencing around the property to be removed

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Image of subject property from the corner of Westminster Avenue and Winnipeg Street looking west

Image of subject property from Brunswick Street looking east, with the main building and detail shop in the mid ground

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Attachment C Letter from applicant

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Attachment D Proposed plans

Proposed site plan (hatched area indicates area not included in the lease)

Illustration showing the site with the fenced storage compound in the back 1/3 of the lot and the three landscape / vehicle display areas

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Attachment D Temporary Use Permit PL2015-059

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