NOTICE OF ZONING BYLAW AMENDMENT (1090 WESTMINSTER AVE. W.)

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1 NOTICE OF ZONING BYLAW AMENDMENT (1090 WESTMINSTER AVE. W.) This is to advise that Council will consider a Zoning Bylaw Amendment respecting, District Lot 366, SDYD, Plan KAP52544 Except Plan located at 1090 Westminster Avenue West, Penticton, B.C. The applicant has applied to rezone the property from CT1 (Tourist Commercial) to C8 (Vehicle Service Station) with the intent of developing the site into a service station and convenience store. A copy of the staff report to Council and Bylaw will be available for public inspection from Friday, May 25, 2012 to Monday, June 4, 2012 at the following locations: Location Address Hours 1 City Hall 171 Main Street 8:30am to 4:30 pm Monday Friday Penticton Public Library Penticton Community Centre City Webpage 325 Power Street During hours of operation 785 Main Street 9:30 am to 5:30 pm (M/W/F/Sat) 9:30 am to 9:00 pm (Tu/Th) 1:00 pm to 5:00 pm Sun. (mid- October to Apr 30 th ) Anytime Council will hold a public hearing for Bylaw on Monday, June 4, 2012 at 6:00 p.m. in Council Chambers, Penticton City Hall. Any person who believes their interests may be affected by these proposed Bylaws may appear in person, or by agent the evening of the Regular Council meeting, or submit a petition or written comments by mail or no later than 12 Noon, Monday, June 4, 2012 to Attention: Corporate Officer, City of Penticton, 171 Main Street, Penticton, BC V2A 5A9; publichearings@penticton.ca. No letter, report or representation from the public will be received by Council after the conclusion of the Public Hearing. Please note that all submissions are a matter of public record. Those persons with special hearing, language or access needs should contact City Hall at (250) prior to the meeting. For more information on this application please contact the Planning Department at (250) Dated this 24 th Day of May Anthony Haddad, MCIP Director of Development Services 1 Please note that hours are subject to change.

2 SUBJECT PROPERTY MAP WYLIE ST KAP R.P R.P R.P. R.P WESTMINSTER AVE W WESTMINSTER AVE W R. P ECKHARDT AVE W

3 Director AH THE CORPORATION OF THE CITY OF PENTICTON COUNCIL REPORT CAO TO: Council FILE: RZ PL REP: FROM: Blake Laven, Planning Technologist II DATE: April 2 nd, 2012 RES: PROPOSAL: To rezone the subject property to C8 (Vehicle Service Station) ADDRESS: 1090 Westminster Avenue West LEGAL:, Plan KAP52544, DL 366, SDYD, Except Plan APPLICANT: Gary Johal RECOMMENDATION: THAT the application to rezone, Plan KAP52544, DL 366, SDYD, located at 1090 Westminster Ave W from CT1 (Tourist Commercial) to C8 (Vehicle Service Station), be denied. IMPLICATION OF RECOMMENDATION: Organizational: Financial: Policy: Strategic Plan: Communication: n/a n/a n/a n/a Notification of adjacent residents and public in accordance with Division 4 and Section 922(4) of Part 26 of the Local Government Act and Sections of Development Procedures and Delegation Bylaw REFERENCE: Provincial Legislation Section Local Government Act 903 Zoning Bylaws 920 Development Permits 890 Public Hearings on Bylaws 884 Effect of Official Community Plans Transportation Act 52 Development Near a Controlled Access Highway City Regulations Section Official Community Plan No (OCP) Part 2 Land Use Designations Zoning Bylaw No Commercial Zones Development Procedures and Delegation Bylaw No Notification and Consultation Requirements BACKGROUND: Site Area: Current Use: Existing OCP: Development Permit Area: Neighbourhood Plan Area: Existing Zoning: 0.3 hectares (0.658 acres) Vacant lot and landscaping GC (General Commercial) General / Tourist Commercial DPA Northern Gateway Plan Area CT1 (Tourist Commercial) - 1 -

4 Proposed Zoning: C8 (Vehicle Service Station) Property Description The subject property is located in the North Gateway plan area and is on a prominent intersection at the juncture of Westminster Avenue and Eckhardt Avenue directly visible to travelers entering Penticton. The property was at one time a service station but has since been remediated. The property was rezoned to its current tourist commercial designation in 1993 with the intention of a hotel being constructed on the property. The proposed hotel development has never gone forward. Since the removal of the gas station, the property has been sometimes used for storage with a portion of the property landscaped and maintained by the City (Attachment B ). Proposal The applicant is proposing to rezone the subject property from CT1 (Tourist Commercial) to C8 (Vehicle Service Station), with the intent of developing the site into a service station and convenience store once again (Attachment C ). The intent is to relocate the existing Petro Canada station from 910 Eckhardt Avenue to this new location. Development Engineering Review The City s Development Engineering Department has reviewed the application and do not have any concerns at the rezoning stage of the project. More detailed plans, however, will need to be submitted prior to development permit approval. Not enough information has been provided to do a full service review of the property at this time. If the rezoning application is successful, the applicant will need to work with the Engineering Department in developing plans that meet the City s Subdivision and Development and Traffic Bylaws. Ministry of Transportation and Infrastructure The Ministry of Transportation and Infrastructure (MOTI) was forwarded a copy of the application in 2010 and initially had concerns with the proposed entrance to the property from Eckhardt Avenue, which is a controlled access highway. MOTI initially restricted direct access from Eckhardt Avenue. The applicant has worked with MOTI in coming up with a plan that will provide access from Eckhardt Avenue to the property. MOTI has now given support to the proposal, with a number of conditions that will need to be fulfilled if Council is in support of the application. The conditions are listed for Council s convenience in Attachment D attached herein. If Council were to support the application, these conditions would have to be completed prior to final adoption of the bylaw. ANALYSIS: Deny The subject property is designated as GC (General Commercial) in the City s Official Community Plan (OCP) and is part of the North Gateway development area. The GC (General Commercial) designation does allow for automobile oriented product and service uses, but the proposal brought forward by the applicant, does not meet several of the OCP policies regarding general commercial development and the general vision of the North Gateway development area and therefore is not supported by Staff. The OCP states that due to the highly visual nature of properties within the General Commercial designation, the City will ensure that the uses present an attractive visual impression (Attachment E ). The plans submitted by the applicant in support of the rezoning application fall short of this threshold. The plans illustrate a generic gas station design, without any architectural ornamentation or interest. The most prominent design feature of the building is - 2 -

5 the high canopy over the gas pumps featuring Petro Canada branding and bright lighting, which creates a highway strip appearance rather than the strong positive image that development in the North Gateway development area, is intended to represent (Attachment F ). Other developments in the immediate area, 270, 290 and 300 Riverside Drive specifically, represent a high architectural quality. It would not be in keeping with the general redevelopment of the North Gateway area to approve this application without requiring the same due consideration as other property owners have taken in the design of their sites. This site in particular is in a highly visible location for travelers entering the city from the north. Staff believe it would be difficult to design a gas station to the standard that the OCP sets for this area and on this site and as such do not support the rezoning application to a zone that is intended for gas station development. Further complicating the development of a gas station on this site is the site itself and access to the site. Gas stations generate a high amount of vehicular traffic compared to other uses. This site is in a very busy intersection. The applicants have supplied a traffic impact assessment that outlines the amount of traffic generation currently and expected around the site as well as site lines for vehicles entering and exiting the site. The report, while ultimately stating that the gas station use is safe, outlines a number of recommendations which, among other things include alterations to City infrastructure. The report also makes assumptions on the behavior of traffic. The report states that at the posted speed limit the site distances are inadequate but goes on to state that most traffic will not be travelling at the posted speed limits and that at a reduced speed the site distances are adequate. Furthermore, the report was created based on plans that have since been revised. If Council is to support the rezoning application, staff would recommend that the traffic impact assessment be updated to reflect the actual proposed plans and that any recommendations of the report be adhered to, including off-site improvements. In addition, the applicant is proposing to develop the site for the Petro Canada gas station chain. Staff have received confirmation from the applicant that if the rezoning application is successful, the intention is to relocate the existing Petro Canada business located at 910 Eckhardt Avenue to the subject property. If Council were to support the application to rezone the subject property, the closure of the existing Petro Canada station would create yet another brownfield site in Penticton (Attachment G ). A brownfield site is defined as a site that the expansion, redevelopment or reuse of may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. The City of Penticton currently has 120 brownfield sites many of which are vacant or largely underutilized. The subject property has gone through remediation. The subject property is also in a development permit area. If the rezoning is successful the applicant will be required to obtain development permit approval prior to construction and will need to prove adherence to the development permit area guidelines. As with the comments above, it is considered that the plans submitted are not of a high enough quality for staff to complete a full review of the guidelines. Nevertheless, the plans do not meet the following OCP guidelines: Corner lot buildings are encouraged to be located close to the intersection and relate to both street edges and be exemplary and of landmark quality Buildings should incorporate architectural detailing and variety in building finishes which provide visual interest and avoid a monotonous appearance Buildings should define a pedestrian oriented first floor Front entrances should be well defined and a focal point to the building Landscape plans should be prepared by a landscape architect with landscape densities designed to industry standard, with underground irrigation and a focus on low water usage species. Vehicle access points should be limited Building forms should be consistent with quality urban spaces - 3 -

6 Given the above, staff recommend that Council deny the application to rezone the subject property to C8 (Vehicle Service Station). Approve If Council feels that a service station is an appropriate use of the property, Council may support the application and schedule a Public Hearing on the matter for May 7, If Council is to support the application staff recommends that a number of conditions be required prior to final approval of the subdivision. The conditions are to make the project fit in with the on-going redevelopment of the North Gateway area. Specifically, the second condition that staff are recommending, having an architect design the building to the intended vision of the North Gateway area and surrounding development will ensure that if a gas station is to be built in this location that the design of the gas station will be of an exemplary design and not a generic gas station typical of highway strip development. ALTERNATE RECOMMENDATION: If Council wishes to support the application, staff present the following recommendation: THAT the application to rezone, Plan KAP52544, DL 366, SDYD, located at 1090 Westminster Ave W from CT1 (Tourist Commercial) to C8 (Vehicle Service Station), be supported. AND THAT City of Penticton Zoning Amendment Bylaw No be given first reading and forwarded to the May 7, 2012 Public Hearing. AND FURTHER THAT prior to final adoption, the following conditions be completed: a) That all MOTIs conditions be met; b) That the applicant submit plans produced by a registered architect that meets the requirements of the development permit area guidelines and the general intent of the North Gateway development area; c) That the applicant revise the traffic impact assessment to reflect the final site design and that all recommendation of the traffic impact assessment are adhered to; d) And that all conditions are completed within one year of third reading of the bylaw. Furthermore, if Council is concerned about the creation of another brownfield site in the City, Council may also want to go further than the above and require that the applicant submit a plan for the remediation of the current Petro Canada gas station located at 910 Eckhardt Avenue. Blake Laven, Planning Technologist II - 4 -

7 ATTACHMENT A Property Location Map Lot 48 NABY AVE Lot 49 Lot 50 R.P R. P. BURNABY AVE R.P REM R.P RIVERSIDE RIVERSIDE RIVERSIDE RIVERSIDE RIVERSIDE DR DR DR DR DR K A P KAP KAP KAP R.P R.P R.P R.P. R.P REM K A P KAP KAP R. P R.P. B-7293 R.P Lot 1 WYLIE ST R.P Lot 7 WESTMINSTER AVE W WESTMINSTER AVE W Lot 4 COMOX ST KAP R.P Lot 6 Lot 5 R.P R.P Lot R.P. R.P R.P KAP R. P R.P R. P R. P R. P. REM R.P. REM REM REM REM REM REM REM REM R 2 Lot PCL A COMOX ST COMOX ST COMOX ST COMOX ST BURNABY AVE VERNON AVE Lot 8 Lot 9 Lot 9 Lot 8 Lot 7 0 Lot 8 Lot 9 CRESTON AVE ECKHARDT AVE W ECKHARDT AVE W ECKHARDT AVE W Lot 6 Lot 5 Lot 3 Lot 4 Lot 5 Lot R.P. R. P R.P Lot PCL A R. P Lot 3-5 -

8 ATTACHMENT B Images of Subject Property LOCATION OF SUBJECT PROPERTY Figure 1: Image of subject property from Hwy 97 entering Penticton Figure 2: Image of subject property from Westminster Avenue W looking south, with Penticton Golf and Country Club in the background Figure 3: Image of subject property from Eckhardt Ave looking north - 6 -

9 ATTACHMENT C Site Plan and Elevations - 7 -

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12 ATTACHMENT D Ministry of Transportation Response MoT File # Re:, DL 366, SDYD, Plan KAP52544, Except Plan Highway 97 (Eckhardt Avenue)-Petro Canada Blake, In response to your dated March 6, 2012, requesting a detailed list of Ministry requirements, regarding Zoning Bylaw #87-65 for the subject property, I can advise that, prior to approval of the associated rezoning bylaw, the Ministry will require the following: The direct controlled access with Highway 97 (Eckhardt Avenue) is to be physically restricted to right turn ingress movements only, by the installation of an extruded concrete curb, on-site, and within the subject property. In addition, the direct controlled access with Highway 97 is to physically restrict south bound left turn movements off Highway 97, by the extension of the existing raised median, adjacent to the subject property, to Ministry standard in accordance with Section 582, SP Concrete Curb and Gutter and Storm Drainage, Island or Median Curb. In this regard we have reviewed the conceptual design drawings prepared by Ecora Engineering Ltd. drawings P-JOH to 04, and Letdown Adjustment, dated February 16, 2012 and have agreed to the use of the B-Train and WB-15 design vehicles. Detailed engineered/construction drawings (100% design submission), including signing and pavement marking drawing, are to be submitted for Ministry review and approval. All required permits to be obtained from the Ministry prior to commencement of any construction within Ministry right-of-way. The permits will specify as a minimum: the requirement for a traffic management plan; the requirement for an Engineer of Record as per Ministry technical circular T- 06/09; certification of all works by a Professional Engineer; provision of test results & as-built drawings of all works within Ministry right-of-way; signs & posts to Ministry standard; and Ministry standard non-mountable curb & gutter. Ministry standard R-015-L No Left Turn sign to be placed at the east end of the center median for southbound traffic. Removal of existing stone treatment within the existing median and infill with concrete to Ministry standard. Thermoplastic pavement markings to be replaced to Ministry stand as may be necessary. Any impact on existing Ministry electrical infrastructure will require an electrical design to Ministry standard be prepared and submitted for review and approval, with all works completed to our satisfaction. Signs to be erected and maintained on the site, specifying No Exit at the highway access. Physical closure of the connection between the subject property and the adjacent motel, with a combination of hard and soft landscaping as shown on Ecora Engineering Ltd. drawing P- JOH , dated February 16, Relocation of any other existing utilities as may be required. Submission of an Irrevocable Letter of Credit (ILOC) for 150% of a Professional Engineer, registered in the Province of BC, written estimate for all works within highway right-ofway. Signed and sealed estimate to be presented to the Ministry for approval prior to the execution of the ILOC. In addition to the standard conditions of the ILOC, it must be auto renewable and allow for partial draws. Provision of a suitably worded restrictive covenant, registerable under Section 219 of the Land Title Act which states that the direct access to Highway 97 will be restricted to right turn ingress only from Highway 97, with no egress to Highway 97 permitted. Dedication of additional right-of-way to accommodate all works, as may be necessary. The Ministry accepts the number of designated on-site parking stalls, based on the gross floor area of approximately 360m2 and 8 fuelling positions, as outlined on the Ecora Engineering Ltd

13 drawing P-JOH , dated February 16, All development drainage is to be retained on site, and discharged into a municipally maintained system. No drainage is to be directed towards Highway 97. Minimum 3.0m building setback from Highway 97. A Controlled Access Permit will be required for the direct access to Highway 97. The Ministry reserves the right to cancel the permit should any safety issues arise from the use of this access. Should the Ministry cancel the permit and require closure of the access, any works required to close the direct access to Highway 97 and to modify/upgrade the access on Westminster Avenue to service the property, will be at the sole cost of the property owner. All permits to be issued and all works to be constructed to Ministry satisfaction, prior to opening day. If you have any questions or require additional information, please contact me. Thank you. Mitch Benke District Development Technician Ministry of Transportation-Okanagan Shuswap District 102 Industrial Place Penticton, BC V2A 7C8 Tel: Fax: Cell: Website:

14 ATTACHMENT E OCP Policies on General Commercial Designation

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16 ATTACHMENT F OCP North Gateway Policies

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18 ATTACHMENT G Existing Petro Canada Location and Images WYLIE ST KAP KAP SUBJECT R.P R.P PROPERTY R.P. R.P REM K A P R. P COMOX ST COMOX ST COMOX ST KAP R.P REM REM Lot 7 Lot 6 Lot 5 R.P R.P REM Lot 8 Lot 9 R.P MINSTER AVE W WESTMINSTER AVE W WESTMINSTER AVE W R. P R.P R. P REM REM REM REM REM REM REM Lot 3 Lot B KAP KAP VERNON AVE Lot 4 Lot Lot 9 Lot 8 Lot 7 Lot 6 Lot 5 Lot PCL A R.P P R.P Lot 4 0 Lot 5 Lot 8 Lot 9 0 CRESTON AVE ECKHARDT AVE W ECKHARDT AVE W Lot 6 1 R.P REM REM R.P ECKHARDT AVE W ECKHARDT AVE W ALBERNI ST ALBERNI ST ALBERNI ST Lot PCL A Lot 3 Lot 4 Lot 5 Lot 6 7 R. P R. P EXISTING PETROCANADA LOCATION Lot 7 Lot 8 R. P

19 Figure 4: Existing PetroCanada gas station at 910 Eckhardt Avenue looking southeast Figure 5: Existing PetroCanada gas station at 910 Eckhardt Avenue looking south

20 1090 Westminster Ave. W. THE CORPORATION OF THE CITY OF PENTICTON BYLAW NO A BYLAW TO AMEND ZONING BYLAW WHEREAS the Council of the City of Penticton has adopted a Zoning Bylaw pursuant to Section 903 of the Local Government Act; AND WHEREAS the Council of the City of Penticton wishes to amend Zoning Bylaw ; NOW THEREFORE BE IT RESOLVED that the Municipal Council of the City of Penticton, in open meeting assembled, hereby ENACTS AS FOLLOWS: 1. TITLE: THIS Bylaw may be cited for all purposes as City of Penticton Zoning Amendment Bylaw AMENDMENT: Zoning Bylaw is hereby amended as follows: rezone, District Lot 366, SDYD, Plan KAP52544, Except Plan from CT1, (Tourist Commercial) to C8, (Vehicle Service Station) as indicated on the attached plan marked Schedule A. READ A FIRST time this 7 th day of May, A PUBLIC HEARING was held this day of, READ A SECOND time this day of, READ A THIRD time this day, MOT Approval Received this day of, 2012 Notice of intention to proceed with this bylaw was published on the 25 th day of May, 2012 and the 30 th day of May, 2012, in the Penticton Western newspapers, pursuant to Section 94 of the Community Charter. ADOPTED this day of, 2012 Dan Ashton, Mayor Karen Burley Corporate Officer