HomeMy WebLinkAboutDTS-07-125 - Temporary Occupancy Request, 900 King Street West1
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TechnPcal Services
REPORT
Report To: Development & Technical Services Committee
Date of Meeting: August 13, 2007
Submitted By: Jeff Willmer, Director of Planning (741-2325)
Prepared By: Timothy Fok, Student Planner (741-3400)
Ward(s) Involved: Ward 6 -West Victoria Park
Date of Report: July 18, 2007
Report No.: DTS-07-125
Subject: TEMPORARY OCCUPANCY REQUEST
900 KING STREET WEST
SUSIE PEARSON
RECOMMENDATION:
That if City Council supports the request for temporary occupancy for 900 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 retail use
within a building existing on August 13, 2007, and temporary occupancy be approved
subject to the retail use vacating the location in the event the City initiated Zone Change
(ZC06/06/TC/RM) to permit retail uses on the subject lands 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 attached letter requests Council's consideration for temporary occupancy for the existing
building. The proposed use is for a retail business specialising in natural parenting products.
See letter attached as Appendix "A".
The subject property is located on the north side of King Street West between Pine Street and
Mt. Hope Street. The building is three-storeyed, with a commercial retail area on the first floor
where the applicant occupies approximately 650 square metres. The lands are zoned
"Commercial Residential One" (CR-1), and are designated as "Mixed Use Corridor" in the City's
KW Hospital Secondary Plan, which is "intended to serve the adjacent residential
neighbourhoods and employment areas and allow for intensive, transit supportive
development." Further, a range of commercial uses "shall be permitted, including freestanding
office and small retail" provided that they are pedestrian oriented, meaning that "retail uses shall
be permitted to have a maximum gross floor area of 1,000 square metres and shall only locate
within existing buildings or internal to large mixed use developments."
No structural changes to building or additions are proposed.
As the Commercial Residential One Zone (CR-1) does not allow for retail uses except for
convenience retail, permission for temporary occupancy has been requested to allow for the
continuation of the existing use pending a zone change in use to the property. A
comprehensive zone change to implement the Mixed Use Corridor (MUC) policies in the
Kitchener Municipal Plan is currently underway. New MUC zoning categories are being
developed and will be applied to all affected lands including the subject property. The new MUC
zoning categories would permit a wide range of commercial uses. It is anticipated that the
comprehensive zone change will be completed before the end of this year.
In accordance with Council Policy I-1155 concerning Temporary Occupancy, the temporary
occupancy for retail 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 later this year;
2. The proposed retail use is permitted by the City's Municipal Plan "Mixed Use
Corridor" designation;
Appropriate resolutions concerning time limits, risk and responsibility for vacating the
premises are included in the recommendation; and
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 900 King Street
West for retail use.
Respectfully submitted,
Timothy Fok, Della Ross, MA, MCIP
Student Planner Manager of Development Review
Jeff Willmer, MCIP
Director of Planning
List of Attachments
Appendix "A" -Letter of Request