HomeMy WebLinkAboutDTS-06-154 - Temporary Occupancy Request, 690 King Street West
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Report To:
Development & Technical Services Committee
Date of Meeting:
October 23, 2006
Submitted By:
Jeff Willmer, Director of Planning (741-2325)
Prepared By:
Sheryl Rice, Development Administrator (741-2844)
Ward(s) Involved:
Ward 6 - West Victoria Park
Date of Report:
October 4, 2006
Report No.:
DTS 06-154
Subject:
TEMPORARY OCCUPANCY REQUEST
690 King Street West
David Haghani
RECOMMENDA TION:
That if City Council supports the request for temporary occupancy for 690 King Street West, such
approval be conditional upon the following:
"That enforcement of the City's Zoning By-law be waived with respect to a personal service use
(alternative health practitioner) within a building existing on October 23, 2006, and temporary
occupancy be approved subject to the personal service use vacating the location in the event the
City initiated Zone Change (ZC06/06/TC/RM) to permit personal service uses on the subject
lands in combination with other permitted uses is not approved; and further;
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 owners of 690 King St W have requested Council's consideration for temporary occupancy of one
unit within the existing building. The proposed use is for a personal service (alternative health
practitioner) business. See letter attached as Appendix "A".
The subject property is located on the north side of King Street West between Louisa and Shanley
Streets. The building is a three-storey commercial-residential building, occupied primarily by a take-out
pizza restaurant and a laundry store on the main floor and a residential dwelling unit on the second and
third floors.
The lands are designated Mixed Use Corridor in the City's Municipal Plan. The Mixed Use Corridor
designation was created through the comprehensive review of the commercial policies (MPA #36) and
was applied to the entire length of King Street West between the Downtown and the City of Waterloo
boundary.
The current zoning of the property is Commercial Residential Two (CR-2), with special provision 136U,
permits a personal service use, however, it must be located within a multiple dwelling or mixed
commercial-residential building, containing a minimum of 20 dwelling units, a residential care facility
having a minimum of 20 residents or a building containing a minimum of 4700 square metres of gross
floor area designed for office and the use shall not occupy in excess of 20 percent of the gross floor area
and in no case in excess of 550.0 square metres of gross leasable commercial space.
A City initiated Zone Change application is currently underway to apply new zoning categories to
implement the Mixed Use Corridor designation. The subject property is proposed to be zoned MU-2
(Mixed Use Two) which would permit personal service uses to be located in buildings without restriction.
Completion of the zone change is anticipated in the new year.
In accordance with Council Policy 1-1155 concerning Temporary Occupancy, the temporary occupancy
for a personal service use is based on the following criteria:
1. A City initiated Zone Change (ZC06/06/TC/RM) is currently underway, and is expected to be
considered by Council in the new year;
2. The proposed personal service use is permitted by the City's Municipal Plan "Mixed Use Corridor"
designation;
3. Appropriate resolutions concerning time limits, risk and responsibility for vacating the
premises are included in the recommendation; and
4. No building permit is required.
FINANCIAL IMPLICATIONS:
None.
COMMUNICATIONS:
Specific public notice of the request for temporary occupancy is not required. Public notice will be given
in accordance with the Planning Act with respect to the proposed City initiated Zone Change for the
Mixed Use Corridor zoning.
CONCLUSION:
Considering the Council Policy has been satisfied and the use is compatible with the surrounding area,
staff recommends approval of the temporary occupancy of 690 King St W for personal service use
(alternative health practitioner).
Sheryl Rice, CPT
Development Administrator
Brandon Sloan, MCIP, RPP
Coordinator of Development Review/
Senior Planner
Jeff Willmer, MCIP, RPP
Director of Planning
Attachments:
Onpoint Map
Appendix "A" - Letter of Request