Loading...
HomeMy WebLinkAboutDTS-10-009 - Temporary occupancy request - 289 Victoria St NI~TCx~R Deve!©pment& Techrrica~ Services Report To: Development and Technical Services Committee Date of Meeting: January 25, 2010 Submitted By: Alain Pinard, Interim Director of Planning (519-741-2319) Prepared By: Garett Stevenson, Planning Technician (519-741-3400 x 3158) Ward~s~ Involved: Bridgeport -Centre (Ward 1) Date of Report: January 11, 2010 Report No.: DTS-10-009 Subject: TEMPORARY OCCUPANCY REQUEST 289 VICTORIA STREET NORTH WILLI HOLDINGS INC. i-i RECOMMENDATION: That if City Council supports the request for temporary occupancy for 289 Victoria Street North for a retail use that the 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 January 25, 2010, and temporary occupancy be approved subject to the retail use vacating the location in the event the City-initiated Zone Change (ZC09I06ICOKIHH~ 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 to permit a retail use. The proposed use is for the retail of new and used household goods as well as for the silent auction of coins, stamps, antiques, and collectables. The subject property is located on the south side of Victoria Street North between St. Ledger Street and Lancaster Street East. The Applicant is requesting to use the entire existing building which is one storey in height and has a total area of approximately 167 square metres. Photo 1:289 Victoria Street North The lands are zoned Arterial Commercial (C-6) with special regulation 162U which prohibits the following uses: car wash, convenience retail, gas station, hotel, sale, rental, storage or repair of motor vehicles and major recreational equipment and parts and accessories for motor vehicles or major recreational equipment, tradesman and contractor's establishment, warehousing, and wholesaling. The property is designated as "Mixed Use Corridor" in the City's Civic Centre Neighbourhood Secondary Plan, which is intended to encourage transit-supportive mixed use. 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." 2 1 ~ 2 No structural changes to the building or additions are proposed. As the Arterial Commercial Zone (C-6) does not allow for retail uses except for convenience retail, permission for temporary occupancy has been requested by the applicant to allow for the use of the property for the retail of new and used household goods as well as for the silent auction of coins, stamps, antiques, and collectables prior to the passing of acity-initiated comprehensive zone change to implement the Mixed Use Corridor (MUC) policies. 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 (ZC09/06/COK/HH) is currently being processed, 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; 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: No new or additional capital budget requests are expected with this recommendation. 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 289 Victoria Street North for retail use. REVIEWED BY: Della Ross, Manager of Development Review ACKNOWLEDGED BY: Jeff Willmer, Interim General Manager Develo ment and Technical Services De artment ATTACHMENTS: Appendix "A" - Letter of Request 3 1-3 STS Report No. DTS w ~ ` ~~~ Appendix " " n~~~ed ~~.~. r~~.~#..YZ~~~=,~ 3~r ~', c~T-c ~5 -,k ^ _ y~°4.~ f ~ .7 {2 j S 1 ~Z~. ~~n~ er dr ~ ~ j tg 3 ~F7 Il ~~~~, g~(~ A ~q !•~~ a4,~~ a _ ~1 M"r ~ NY ~~,3d ~ %.!~'+ i { ~e~.r ~r, ~~ ~.~ n ~~ nerd ~ . ~.~d ~~ e r~ ~.~~ ~ ~r ~ ~ ~ ~ ~ ~ n ~d ~ ~n~n ~ ~.n~s end ~ ~~~ ~~ ~~ pr~e~d ~~~ ~~~~ r~~~es~ fir ~e ~r~r ~c~up~n~ fir ~~ ~ ens ~u~~~ ~n ~f ~~~ ns, s~~~ps ~ ~n~~ dues ~.nd ~~ e~ ~ e ~ ~~, end ~~.~ a nee ~.nd used ~ tees . ~x~~p~ ~; ~~use~~~ d ~ ~e~s , ~~ ~~h~ n~ furniture ~~; ~'h~ ~r~ss f~ ~~r spa.~e ~ ~ ~ ~~~u~ fir ~~~ busy n~ss ~ s ~. s~ 4 ft ~ understand t~~t t~~r~ ~~~ ~e n~ ether ~~r~~ts su~~ ~s s~~ns unt~~ tie f~n~.~ ~~n~ Shan e ~ a~r~~d ~ un erstand ~~~~ ~f the ~~ne ~han~e ~s nit appr~ed ~ ~~ ~~~ ~.~a~e ~~ hug ~ d n~ . ~f ~.n ~~he~ ~ nf~rr~at~ tin s needed ~~na~t ~~ dub ~ ~e~ ~ ~l~ ~~~ ~.~. s~ n~er~ r~h~.~ ~u ~e~ d ~: ~: ` f=~ `` ~,. ~ .... ,, r <.~:. ~. F~~ ~~ 1 4 ~~ _~.