Report 9(b) — Staff Report: Application for Temporary Use Permit to allow for Group Daycare for 24 children at 2619 Sooke Road (TUP16-0006)

PURPOSE

Marianne Whitaker has applied on behalf of Normand Waiter for a Temporary Use Permit to allow a group day care for 28 children at 2619 Sooke Road

BACKGROUND

No previous planning applications.

Table 1: Site Data

SITE AND SURROUNDING AREA

The subject parcel is located on a well-used section of Sooke Road used by those accessing Happy Valley Road, Glen Lake and communities further west. An area that is experiencing slow redevelopment, the surrounding land uses include newer high density residential buildings, a church and adjoining day care, as well as single family dwellings.

The subject property is a stratified lot that shares a driveway access and a front yard with 2617 Sooke Road, the parcel to the south of the subject site. Although the front portion of the lot is technically common property it is used by the day care as outdoor space.

Table 2: Surrounding Land Uses

COMMENTS

COUNCIL POLICY

Considered a “Neighbourhood Centre” area in the Official Community Plan the area contains of a variety of uses, including low and high density residential buildings, as well as commercial and institutional businesses.

Council has no specific policies with respect to temporary commercial use permits and applications for them are considered on their own individual merit. Part 3 of Zoning Bylaw No. 300. Sections 3.27.03 and 3.27.04 give Council the right to require that the form and character of the building meets the guidelines for commercial properties and any guidelines to do with environmental protection and/or hazardous conditions are adhered to.

This application is not proposing any changes to the land or building, therefore no plans to reinforce form and character of the building or regulations around environmental protection and hazardous land conditions have been requested.

LOCAL GOVERNMENT ACT

Pursuant to Sec. 497 of the Local Government Act, the City may issue a Commercial Temporary Use Permit (TUP) for a period of up to three years. The Local Government Act also allows a temporary use permit to be extended for a maximum of an additional three years. If the holder of a TUP wishes to conduct the temporary use beyond this six (6) year period, they are required to make a new application to Council for a TUP or apply for rezoning.

DEVELOPMENT PROPOSAL

Currently the group day care at this site is licensed to care for 20 children, as the applicant wishes to offer care to 8 more children, they have requested a temporary use permit to expand their capacity. The property is currently zoned R2 which permits group day cares, but section 3.26.02 (8) of the Zoning Bylaw No. 300 allows for a maximum of 20 children on lots less than 1,099 m2. The subject property is 751 m2, not including “common” property, and does not meet the minimum requirement to allow for more children. The issuance of this temporary use permit would also allow the owners to operate the group day care out of a residential zone without living on the property themselves which is regulated in section 3.26.02(1) of the Zoning Bylaw No. 300.

There are 10 parking spaces on-site which satisfies the Zoning Bylaw No. 300 requirements of providing two off-street parking spaces for pick-up and drop-off as well as one additional parking space per non-resident employee. This group day care has 7 employees however only 4 employees work at the day care at a time.

It was noted by the Building Department that additional upgrades may be required if the children added to the day care were younger than 30 months. The applicant has indicated that necessary upgrades have already been done to the facility to accommodate this age group. Furthermore an inspection by the fire department will be triggered through the licensing process to expand the capacity of the day care to 28 children through Vancouver Island Health Authority.

NEIGHBOURHOOD CONSULTATION

The applicant has been advised to speak to their neighbours about their TUP application prior to this meeting.

OPTIONS

Option 1

That Council:

1. Proceed with the consideration of this Temporary Use Permit for a group daycare on the property at 2619 Sooke Road for a period of three (3) years;

AND EITHER

2. Direct staff to amend the Zoning Bylaw to allow for a group day care for 28 children in the R2 Zone at 2619 Sooke Road;
   OR
3. Direct the applicant to make an application for rezoning within 36 months of issuance of this Temporary Use Permit, if they wish to continue this use beyond the three year term;

OR
4. Not require rezoning and only allow for the proposed use through a Temporary Use Permit with the opportunity to renew the permit only once more following it’s 36 month term;

OR Option 2

1. Reject this application for a development variance permit.

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Submitted by:
Lauren Morhart, MCIP, RPP Planner 2

Concurrence:
Matthew Baldwin, MCIP, RPP Director of Planning
Mike Leskiw, Parks and Recreation Manager
Michelle Mahovlich, Acting Director of Engineering
Brent Molnar, Manager of Land Development
Steve Ternent, Director of Finance
Jim Bowden, Chief Administrative Officer

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