Yorkton Council found a request to change the zoning of 80 Smith Street West was a bigger decision than expected.
The owner of the property was proposing to lease a fenced area on the property to a third party towing business for the storage of towed, damaged or impounded vehicles, detailed Carleen Koroluk, Land Use Planner with the City at the regular meeting of Council Monday.
The property is currently zoned C-1 City Centre Commercial and a storage compound is not an allowable use.
“As such, the applicant is requesting rezoning to the CMI-1 Commercial-Transitional zone in which a storage compound is a Discretionary Use,” detailed a report circulated at the meeting.
The request was presented to Council at the October 10, 2017 meeting at which time Council carried a resolution that the Bylaw be introduced and given 1st Reading and furthermore authorized Administration to proceed with the Public Notice process.
As such, the proposed bylaw was advertised and circulated in accordance with the public notification requirements of the City of Yorkton, including advertisement in the local paper, at City Hall and on the City website. In addition, a direct mail-out was sent out to property owners within 75 metres (250ft) of the proposed rezoning.
“While the location of the proposed storage compound
at 80 Smith Street West would be convenient and advantageous for the applicant, from a Planning and Land Use perspective and considering the availability of existing vacant Industrial zoned properties, Administration feels that the application does not adequately satisfy the criteria for rezoning and is not in support of the bylaw,” said Koroluk.
The request met with some definite public opposition.
Greg Ryan who lives on Smith Street was at Council to voice his opposition based on a concern “what happens to our property values.” He also worried that there was “already enough traffic on Smith Street.”
As a result Ryan said he did not want to see the change.
“We’re concerned with what’s going to be there. We don’t want it there,” he said.
Justine Lutz, who spoke to Council on behalf of various groups, also spoke against the request.
Lutz said the proximity to the downtown core was a concern given the aesthetics of a wrecked vehicle storage yard.
The property is also close to both the Yorkton Boys and Girls Club location, and a daycare which Lutz said brought forward safety concerns. She said the locations are safe places for children and added, “damaged vehicles could pose a safety risk.”
Earl Fraser, who owns property on Maple Avenue was also in opposition.
“I really don’t see the need to have that property turned into industrial,” he said, adding there are other industrial properties available for such purposes.
Lawrence Wegner, who owns the property, which he would be leasing to Baillie Boys Towing.
“We’re coming here to play by the rules,” he said, noting they wanted the zoning change because the current designation does not cover the proposed use. “… We just want to be treated fairly.”
Wegner explained the property would be primarily used to temporarily house wrecked vehicles awaiting a call to transfer to SGI, or because of RCMP requirements.
In regards to safety Wegner said the location is already fenced, would be under 24-hour camera security and will always be locked.
Councillor Randy Goulden asked about the potential for environmental issues arising from the wrecked vehicles.
Dallas Ballie with the towing firm said the business he is in “is actually regulated” with strict protocols based on maximum spillages of things such as windshield cleaner and antifreeze.
“We do our very best to contain all these,” he said.
Goulden also asked about the noise the yard usage might create.
Wegner said in terms of timing, a tow truck firm responds to emergencies and accidents when they happen, so that can be at any time of day.
However, the noise is essentially the beeping when a tow truck backs up, which Wegner said is far less than the noise of trains on the track adjacent to the property.
Coun. Mitch Hippsley said the issue “was much more deeper than we thought it was.”
Coun. Aaron Kienle said it was certainly an issue with two sides where someone would be unhappy with Council’s ultimate decision. He then added “we probably need to make a decision for the applicant,” so they can “move forward one way or the other.”
Mayor Bob Maloney agreed.
“I think it is incumbent that we make a decision,” he said.
Council would propose a motion to make the requested Zoning Bylaw amendment, which would have Maloney and Councillors Hippsley and Goulden in favour. The rest of Council however was opposed defeating the motion.
