HomeMy WebLinkAboutDTS-05-151 - Temporary Occupancy Request - 561 Queen St S
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KITCHENER
Development &
Technical Services
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Report To:
Development & Technical Services Committee
Date of Meeting:
Submitted By:
Prepared By:
Ward(s} Involved:
Date of Report:
Report No.:
Subject:
September 12, 2005
Jeff Willmer, Director of Planning (741-2325)
Sheryl Rice, Zoning Officer (741-2844)
Ward 6, West - Victoria Park
September 6,2005
DTS05-151
TEMPORARY OCCUPANCY REQUEST
561 Queen St S
A Dutch Mill Flower Shop
Don Jam ieson
RECOMMENDATION:
That if City Council supports the request for temporary occupancy for 561 Queen Street South, the
approval be conditional upon the following:
"That enforcement of the City's Zoning By-law be waived with respect to the use of a florist (sale
of cut flowers) on the property zoned CR-2, 20H at 561 Queen Street South and temporary
occupancy be approved subject to the florist shop use vacating the location in the event that the
entire site is not rezoned to permit this use as proposed in the implementation of the Mixed Use
Corridor Official Plan policy; 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
the final disposition of this application."
REPORT:
The attached letter requests Council's consideration of temporary occupancy of a retail use, specially the
sale of cut flowers, within the existing building located at 561 Queen Street South. The current zoning by-
law designation of Commercial Residential Two (CR-2) does not permit this convenience retail use except
within a large mixed-use building. The applicant recently purchased the property which was used as a
duplex dwelling and is currently vacant. He proposes to occupy the main floor and basement of the
building as a florist shop, and to continue renting out the second floor as one dwelling unit. The applicant
currently owns and operates a similar florist shop in downtown Waterloo and wishes to open a second
location in Kitchener.
In considering City Council's Policy with respect to Temporary Occupancies, Planning staff offers the
following comments.
Requests for temporary occupancy are subject to confirmation that a zone change application has been
filed with Development and Technical Services Department. The subject property is located within the
Queen Street Mixed Use Corridor and the City is currently preparing a report and draft Zone Change
Bylaw, which should come before Council in the winter of 2005/2006. It is expected that the report will
recommend that the zoning affecting the subject property be changed to a new comprehensive Mixed
Use Corridor Zone. Based on Official Plan policy already in place the proposed new zone will permit
convenience retail, subject to Municipal Plan policies, and ground floor retail use is encouraged in any
mixed use building fronting major transit routes. The applicant has stated that the second floor will
continue to be used as one dwelling unit. The proposed zone change will therefore legalize the florist
shop business on the property.
The subject property was designated "Mixed Use Corridor" with the adoption of Municipal Plan
Amendment No. 36 which introduced a new commercial land use policy for the City of Kitchener. Mixed
Use Corridors are primarily intended to serve the adjacent residential neighbourhoods and employment
areas and allow for intensive, transit supportive development. One of the means of achieving the vision
for the mixed use corridor is to permit multiple uses within existing buildings. The proposal to permit the
retail use would meet the intent of the City's Municipal Plan.
Staff notes that special holding provision 20H states that all uses are only permitted within buildings
existing on January 24, 1994 until the holding provision is removed. As well, the applicant has been
advised that no building or sign permits can be issued until the proposed zone change has been
approved.
The conversion of part of the building from residential to retail use would increase the number of parking
spaces required, and necessitate site plan approval to ensure than any new parking facilities are
constructed to the City standards.
The property is designated within the Victoria Park Heritage Conservation District. A Heritage Permit is
not required for the change of use or the expansion of the parking area.
In accordance with City Council's Policy 1-1155, as amended, the City is preparing a report and drafting
zone change by-law which will include the subject property. The proposed sale of cut flowers use
complies with the City's Municipal Plan and the mixed retail/residential use compliments the character of
Queen Street South.
FINANCIAL IMPLICATIONS:
None.
COMMUNICATIONS:
In accordance with City Council's Policy 1-1155, as amended, public notification is not required for a
temporary occupancy request.
Sheryl Rice
Zoning Officer
Jeff Willmer, MCIP, RPP
Director of Planning
Attachments
Letter of Request
Council Policy 1-1155