HomeMy WebLinkAboutDTS-07-128 - Temporary Occupancy Request, 585 Queen Street SouthDev~fopme-rt &
Techntca~Servlces
REPORT
Report To: Development & Technical Services Committee
Date of Meeting: August 13, 2007
Submitted By: Jeff Willmer, Director of Planning (741-2325)
Prepared By: Crispian Lo, Student Planner (741-3400)
Ward(s) Involved: Ward 6 -West Victoria Park
Date of Report: July 31, 2007
Report No.: DTS-07-128
Subject: TEMPORARY OCCUPANCY REQUEST
585 QUEEN STREET SOUTH
KELLY LEIS
RECOMMENDATION:
That if City Council supports the request for temporary occupancy for 585 Queen Street
South, 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 within a building existing on August 13, 2007, and temporary occupancy be
approved subject to the personal service use vacating the location in the event the City
initiated Zone Change (ZC061061TCIRM) to permit personal service 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 personal service business specializing in massage therapy.
See letter attached as Appendix "A". No structural changes to building or additions are
proposed.
The subject property is located on the east side of Queen Street South between Mill Street and
Homewood Avenue. The building is a commercial building occupied primarily by offices and
health offices where the applicant is proposing to occupy a suite of approximately 12 square
metres. The subject lands are designated as "Mixed Use Corridor" in the City's Mill Courtland
Woodside Park Neighborhood Secondary Plan, which is "intended to serve the adjacent
residential neighbourhoods and employment areas and allow for intensive, transit supportive
development." Further, a broad range of commercial uses shall be permitted, including
freestanding office and small retail.
The current zoning of the property is "General Industrial Two" (M-2), with special provision
159U, which does not permit personal service use. A request for temporary occupancy has
been received to allow for the personal service use pending a change in the zoning of 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 a personal service use is based on the following criteria:
1. A City initiated Zone Change (ZC06/061TC1RM) is currently underway, and is
expected to be considered by Council later this 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.
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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 585 Queen Street
East for personal service use.
Respectfully submitted,
Crispian Wai Ming Lo,
Student Planner
List of Attachments
Appendix "A" - Letter of Request
Della Ross, MA, MCIP
Manager of Development Review
Jeff Wilmer, MCIP
Director of Planning
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