Staff Report: TUP16-0006 (Renewal) - 2619 Sooke Road (Temporary Use Permit renewal for group daycare)

PURPOSE

Marianne Whitaker has applied on behalf of Normand Watier and Theresia Exner for the renewal of a Temporary Use Permit to allow a group daycare for 28 children at 2619 Sooke Road.

BACKGROUND

Council granted Marianne Whitaker a Temporary Use Permit in 2017 to allow for a group daycare for 28 children as the zoning and size of the property only allowed for a maximum of 20 children in a group daycare. The existing Temporary Use Permit is scheduled to expire on February 6th, 2020.

Table 1: Site Data

SITE AND SURROUNDING AREA

The subject parcel is located near the intersection of Sooke Road and Jacklin Road within the Sooke Road Commercial Revitalization Development Permit Area. The surrounding land uses include newer high density residential buildings, a church and adjoining daycare, 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 daycare as outdoor space.

Table 2: Surrounding Land Uses

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 via a renewal for an additional three years. If the holder of a TUP wishes to conduct the temporary use beyond this six year period, they are required to make a new application to Council for a TUP or apply for a rezoning.

Given this, Council is permitted to renew this permit for an additional three years.

COMMENTS

DEVELOPMENT PROPOSAL

The applicant wishes to continue operating a group daycare for 28 children on the subject property. The property is currently zoned R2 which permits group daycares, but Section 3.26.02(4) of the Zoning Bylaw No. 300 only allows for a maximum of 20 children on lots less than 1,099 m2. As noted above, the subject property is only 751 m2 and therefore does not meet the minimum requirement to allow more children under the Zoning Bylaw. A renewal of this Temporary Use Permit would also allow the applicant to continue operating the group daycare in a residential zone without living on the property themselves which is regulated by Section 3.26.02(1) of the Zoning Bylaw No. 300.

The applicant has noted that there have been no changes to the use of the facility since the issuance of the original TUP. The applicant also notified staff that their lease will be expiring on March 7th, 2021 at which point the applicant plans to relocate the daycare or purchase the property and apply for rezoning.

Given this, Council may wish to grant the extension of this TUP until the date of the lease expiration.

OPTIONS

Option 1

That Council:

1. Issue a Temporary Use Permit Renewal for a group daycare for 28 children located at 2619 Sooke Road until March 7th, 2021 and to permit the business to operate without the proprietors living on site;

OR Option 2

2. Reject this application for temporary use permit renewal.

Respectfully submitted,

Submitted by:
Julia Buckingham, Planner I

Concurrence:
Matthew Baldwin, MCIP, RPP, Director of Planning

Concurrence:
Adriana Proton, Manager of Legislative Services

Concurrence:
Michelle Mahovlich, P.Eng, P.Geo, Director of Engineering

Concurrence:
Leah Stohmann, MCIP, RPP, Deputy Director of Planning

Concurrence:
Michael Dillabaugh, CPA, CA, Director of Finance

Concurrence:
Braden Hutchins, Director of Corporate Services

Concurrence:
Darren Kiedyk, Chief Administrative Officer

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