Kincardine gives nod to car dealership in Tiverton
By Liz Dadson

Kincardine Council

Despite strong opposition from residents of Tiverton, Kincardine council has approved a rezoning for a used car dealership in the village.

In planning advisory committee last night (Oct. 14), Bruce County planner Bruce Stickney said the applicant, West Ontario Auto Ltd., wants to rezone the property at 111 King St. (on the corner of King and Webster Streets) to 'general commercial special' from 'residential,' to permit an automobile sales establishment.

Stickney said the land is already zoned 'general commercial' in the Kincardine Official Plan which permits similar uses, such as an automobile rental establishment or a parking lot, but not a used car dealership. He said the driveway access would be from Webster Street.

The planning department received numerous telephone calls and E-mail messages, said Stickney, from neighbours and other residents opposed to the proposed development. Several raised concerns about safety, traffic, noise, lights, and flapping flags on the property, as well as a change to the character of the neighbourhood.

Stickney stressed that the applicant wants to set up a used car lot, with no service area or fuel pumps, which would have little negative impact.

"He wants to make it fit in as best he can," said Stickney. "It's only a 100-foot-by-100-foot lot so there won't be a lot of cars on display at any given time. He is also semi-retired and plans to build his home at the back of the lot."

Many of the comments from neighbours opposed the development because it would disrupt a "nice, quiet residential area."

Bob Wilson, president of the Tiverton and District Ratepayers Association, said in an E-mail, that the inhabitants of Tiverton have, individually and collectively, spent a considerable amount of money upgrading their homes and grounds.

"The residents of King Street South have been particularly diligent in this manner," he writes. "They did this knowing that most of the property is zoned for residential use. They have been very successful in their endeavours. To end up with a used car lot on property next door, or across the road, will bring down the value of their property."

He also emphasized that this does not follow the path set out by the municipality under the new Official Plan which took a lot of time and study to complete.

June Slesser, in her E-mail message, said her concern is the use of Webster Street which is not designed for increased traffic or extensive parking because it is too narrow. "Tiverton already has two used car lots," she writes. "We do not need another one. Especially on the main streets that the residents of the village and the municipality have spent so much time and money on to enhance the beauty of the village."

Ed Roberts, also of the Tiverton ratepayers association, said people affected by the changes to the Official Plan were not notified that adjacent properties were rezoned to general commercial. "The municipality advertises in the local papers but that is not enough," he said. "If the neighbours were notified by mail about this change in zoning, why were they not notified by mail about the change to the Official Plan?"

He said the neighbours do not want a used car lot nearby. "The application should be denied and the notification reviewed," he said.

Lorraine McIntosh, one of the neighbours affected, said she was not made aware of the change to the Official Plan.
"It was done three years ago," said chief building official Michele Barr. "We advertised it in the newspapers."

"That's not the best way to notify people," said McIntosh.
"That was the Official Plan for the Municipality of Kincardine," said Barr, "which includes the town, the lakeshore and the Village of Tiverton. It was not just a few properties which is why the notification was in the papers."

Mayor Larry Kraemer said the Official Plan changes were done by the former council and open houses and meetings were held before it was adopted in 2006. "The Official Plan sets out the uses for an area but does not specify the zoning of individual lots."

"I don't want a car lot or this rezoning," said McIntosh.
Owner of West Ontario Auto Ltd., Randy LeBlanc, who also owns Bruce County Flooring in Kincardine, said he plans to live in Tiverton at the back of the property which would house the used car lot. He said that due to health reasons he is selling the flooring business and setting up this new business in Tiverton.

"I'm willing to work with the community regarding lighting and parking problems," he said.

Councillor Randy Roppel said a lot of time and effort went into establishing the Kincardine Official Plan and already council would allow someone to break the rules.

"The Planning Act allows the introduction of similar uses of similar impacts with special provisions," said Stickney. "Displaying automobiles for sale would have the same impact, I believe, as auto rentals (already allowed in the zoning bylaw)."

Councillor Guy Anderson asked where the repairs to the used cars would be done.

LeBlanc said he has an existing business in Kincardine but no repair shop. He has a deal with Canadian Tire to safety the cars before they are purchased.

"I thought I would improve that area of Tiverton," he said. "Right across the street is a pile of rubbled stone. I thought the village would benefit from this new business."

"I don't see a significant difference between a business that's selling cars and renting cars," said councillor Kenneth Craig. "With a site plan, we could ensure privacy fences and buffers."

"A commercial property would be under site plan control," said Stickney.

"I pass Randy (LeBlanc)'s lot in town on a daily basis," said councillor Mike Leggett. "It's a tidy lot and it would be a good fit for the Tiverton area."

Deputy mayor Laura Haight said there is no definition for an auto sales establishment in the Official Plan or zoning bylaw.

"It's dangerous to say they're breaking the rules," she sid. "The Official Plan tells people the intent, and this location is intended as a commercial hub; it's not in the suburbs. With site plan control, many of the concerns can be addressed."

"This proposed development is far less disruptive than others that could be allowed," said Kraemer, "such as a car wash. There are a pizza joint, a video rental store, a motel and a restaurant in this area; it's not exclusively residential."

Council approved the rezoning.

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Thursday, October 15, 2009