Wellington Plaza

Re-zoning sails through planning, despite objections

Several residential neighbours were not in favour of the re-zoning of the Wellington Plaza, but that didn’t matter at last Wednesday’s virtual planning committee meeting. In the first planning meeting to be held in the new format under the new procedural bylaw, the owners of the Wellington Plaza property, 12550407 Canada Inc., located at 186 Wellington Main Street, were successful in their application to have the subject lands currently designated as special highway commercial (CH-9) re-zoned to special core commercial (CC-42). In his report to Council, municipal planner James Griffin stated the re-zoning will “recognize the existing uses and include appropriate commercial uses to the site which align with the Wellington Secondary Plan.”

The commercial building located on the property currently houses four commercial rented units, including two restaurants, a retail cannabis store and a real estate office. Griffin’s report notes the current CH-9 zoning limits uses to a convenience store, a laundromat, a snack bar and a motor vehicle gasoline bar. “The current uses do not conform to special highway commercial (CH-9) zone. The owners have applied for the re-zoning in order to correct the zoning to recognize the actual uses of the property and to align the subject lands with the Wellington Urban Secondary Plan,” said Griffin. The property has commercial uses to the immediate east and west, with residential uses across the road to the south, as well as surrounding to the east and west.

“The neighbours had concerns with the liquor licence and requested that the zoning bylaw amendment not permit a liquor licence,” said Griffin during the meeting. “Staff are not recommending that at this time because a liquor licence is a licensing activity and not regulated through zoning, and staff see no reason to limit the sale of alcohol on the property.” No members of Council or members of the public spoke to the item. Agent for the applicant, Ray Essiambre, had nothing to add to the staff report, concurring with the recommendations.

The CC-42 zoning permits a range of urban core commercial uses, such as a bank, retail commercial establishment, restaurant, medical clinic, food store, bakery, day nursery, taxi depot and laundromat among them. “The proposed zoning permits the existing cannabis retail store and licensed restaurants,” states the report. “Cannabis retail stores are considered under the zoning bylaw the same as any other commercial retail establishment. Similarly, restaurants are permitted to sell alcohol.” The report also noted the property owners were initially proposing to zone the property Core Commercial (CC). “However, due to concerns from neighbours, uses such as hotel and places of assembly, entertainment and recreation were removed from the permitted uses.”

Griffin’s report indicated it was not the owner’s intention to change the current tenants in the building, noting the proposed re-zoning will allow the owner to add uses, but it also noted no physical changes to the site are proposed. “However, should the owner in the future like to apply for a building, renovation or change of use permit to allow for another use in the CC-42 zone, a site plan control agreement could be triggered.” With such an agreement, the municipality would review the site to ensure that negative impacts to neighbouring properties are mitigated and proper site development occurs.

Joseph Dorland, a close neighbour, said when the approval for the construction of the strip mall was granted (approximately 1974) there were certain zoning restrictions placed on the property. “These zoning restrictions were applied to try and ensure that the quality of life for the residents residing near the strip mall could be protected,” stated Dorland. “It would appear that all of the zoning bylaw restrictions have been ignored, and neither have the existing bylaws been enforced.” He noted he was not opposed to businesses in the strip mall that operate within reasonable business hours and respect the number of private residences in close proximity to the strip mall. “However, currently this is not what is occurring,” he said. He did note that the owner has revised the tenant lease agreement in order to address neighbours concerns regarding disruption from the restaurants such that outdoor patios in the parking lot are no longer permitted.

“I am strongly opposed to the proposed idea of re-zoning to CC-42 because there will be no restrictions remaining to protect what is left of a residential neighborhood,” he stated. Dorland further noted that, “businesses operating in the strip mall have applied for and received licences to sell cannabis and liquor, with a complete disregard for the current zoning bylaws,” he said. “If the current bylaws had been adhered to, neither licence should have been granted by the AGCO (Alcohol and Gaming Commission of Ontario). The new owners, the Singhs, purchased the property in March 2021 and at that time should have been made aware by their legal counsel of the current bylaw zoning restrictions, but continued to ignore the bylaw restrictions until September 2021, allowing their tenants to sell liquor and cannabis, disregarding the current zoning bylaws.”

Another close neighbour was also in opposition of the re-zoning application proceeding. “We are directly impacted by the decisions which are made regarding the zoning of the parcel of land as it is directly across the street from our long-time private residence.” stated J. and J.M. Harris. They stated that for many years the property operated under the designated zoning CH-9 and provided a needs-based and useful aspect to the village with a laundromat and a convenience store. “We had no objection to the civilized nature of the little mall; there wasn’t noise and commotion and cars filing in and out at all hours. We did not have objection to the mall’s operation in that capacity and it did (and still could) serve a useful purpose to villagers and tourists,” stated the Harrises.

They further noted the strip mall has been allowed to operate for several years far beyond the restricted use of CH-9 zoning with tenants that included a dollar store, dentist, pie shop, sweet shop, realtor office, restaurant, diner, pizza shop, liquor bar and a pot shop. “Clearly, this property has been operating against the designated zoning bylaw for many years,” they stated. “Why was nobody concerned about this, other than the residents who had to endure the flow of customers, noise and traffic congestion on an already chaotic Main Street?” They added the AGCO licence for the current bar and pot shop should never have been granted under the CH-9 zone when Mr. Singh purchased the property in March 2021.

“If, as the Secondary Plan states, it seeks to encourage a needs-based mix of businesses in the CC zone, there is no rational justification for allowing another licensed bar or a pot shop in this location.” The Harrises noted there will be a licensed dining room and a bar right next door at the proposed Wellington Hotel. “Do we not have sufficient alcohol venues in the village to satisfy the alcohol-thirsty roaming masses?” The March 16 planning committee meeting is available for viewing on the County’s YouTube channel (bit/.ly/LiveStreamPEC), with associated documentation available as part of the agenda package found on the County’s website.