HomeMy WebLinkAboutDTS-10-133 - Temp Occ Request - 192 Activa AvJ
Techn~en~-lc~es
REPORT
Report To: Council
Date of Meeting: June 28, 2010
Submitted By: Alain Pinard, Interim Director of Planning
Prepared By: Andrew Pinnell, Planner (519-741-2668)
Ward Involved: South Ward (Ward 4)
Date of Report: June 23, 2010
Report No.: DTS-10-133
Subject: TEMPORARY OCCUPANCY REQUEST
192 ACTIVA AVENUE
BRICK BY BRICK DEVELOPMENTS LTD.
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RECOMMENDATION:
That the request by Brick By Brick Developments Limited to allow temporary occupancy
of 93 square metres (1000 sq.ft.) of the commercial plaza addressed as 192 Activa
Avenue for religious institution use be approved subject to the following conditions:
1. That enforcement of the City's Zoning By-law be waived with respect to a religious
institution use within the building existing as of June 28, 2010,
2. That the religious institution use vacate the site in the event that Zone Change
Application ZC10/06/A/AP to permit religious institution use is refused,
3. That in the event of failure to vacate, the City's Municipal By-law Enforcement
Officer be directed to commence notice of action to remove the illegal use and
that any work done to the premises be at the sole risk and responsibility of the
owner in the event losses are incurred as a result of final disposition of this
application.
REPORT:
The subject property is located at the south west corner of Activa Avenue and Max Becker Drive
in the Laurentian West planning community. The property contains a small commercial plaza
constructed in 2005. The plaza is currently occupied with convenience retail, personal service,
day care, and restaurant uses. The surrounding lands are predominantly used for low density
residential purposes.
The property is zoned Convenience Commercial (C-1) with Special Use Provision 245U and
Special Regulation Provision 448R in the City's Zoning By-law. The zoning permits
convenience retail, day care facility, dwelling unit, financial establishment, health office,
personal services, and restaurant.
Earlier this month, the applicant submitted a Zone Change Application (application number
ZC10/06/A/AP) to change the zoning to C-1 with modified 245U and modified 448R in order to
allow religious institution use to a maximum gross floor area of 93 square metres (1000 sq.ft.).
This application is expected to be circulated shortly to internal departments, agencies, and the
public.
The property is designated Low Rise Residential in the City's Official Plan. The Low Rise
Residential designation allows a number of non-residential uses including religious institutions
"where they are considered to be compatible with Low Rise Residential development and
subject to any specific locational criteria." No such criteria apply to religious institutions and in
this case staff is satisfied that the proposed use is compatible with Low Rise Residential
Development.
The applicant has submitted the subject temporary occupancy request in order to gain
occupancy of a portion of the existing plaza in advance of a decision on the zone change
application. In this regard, the applicant is requesting temporary occupancy of 93 square
metres (1000 sq.ft.) of the existing plaza for religious institution use (see attached Request
Letter). The applicant has stated that the space would be used for gatherings and meetings.
No additions to or expansions to the plaza are proposed.
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Should the request be granted by Council, the owner would be entitled to operate a religious
institution without interference by City Enforcement staff. In accordance with Council Policy
Resolution I-1155 entitled Temporary Occupancy, staff has reviewed the proposal and confirms
that a corresponding Zone Change Application has been filed and that the proposal complies
with the Official Plan. In addition, staff is proposing approval conditions to ensure that the use
vacates the site without liability or cost to the City in the case of a refusal of the Zone Change
Application.
Staff further notes that under the Ontario Building Code no building permit may be issued unless
and until such time as the corresponding zone change application is approved to allow the
religious institution use.
FINANCIAL IMPLICATIONS:
No new or additional capital budget requests are expected with this recommendation.
COMMUNICATIONS:
Public notice of requests for temporary occupancy is not required. Public notice will be given in
accordance with the Planning Act with respect to the corresponding Zone Change Application.
CONCLUSION:
Considering that the Council approved criteria for temporary occupancy have been satisfied,
staff recommends that the request to allow temporary occupancy of 93 square metres (1000
sq.ft.) of the commercial plaza addressed as 192 Activa Avenue for religious institution use be
approved subject to the conditions outlined in the Recommendation section of this report.
REVIEWED BY:
Della Ross, Manager of Development Review
ACKNOWLEDGED BY: Jeff Wllmer, Interim General Manager
Development and Technical Services Department
ATTACHMENTS:
Appendix "A" -Request Letter
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