A medical practice wants to locate an office in an industrial business park rental unit but city staff recommended that City of Powell River council not support the application.
At the August 16 committee of the whole meeting, planner Rachel Pukesh introduced an initiative to issue a temporary use permit for the medical practice at 7373 Duncan Street, near Powell River Airport. Staff interpreted the zoning bylaw to determine that the medical practice is not permitted in the M1 zoning for the building so a temporary use permit application was made, according to a staff report.
“The temporary use permit is being sought to permit a commercial use for a naturopathic medical practice to occupy a unit in an industrial-zoned business park,” said Pukesh. “Under the official community plan, the property has a land use designation of employment lands, which is meant to encompass the city’s industrial land base and house uses that generate intensive employment levels that may benefit from close proximity to the airport.”
Pukesh said the M1 zone supports industrial uses and some service commercial uses.
“In this situation, the proposed tenant is sole-practitioner of a naturopathic medicine practice,” said Pukesh. “This falls under the zoning bylaw’s definition of a personal services establishment, which includes medical practices. Personal services establishments are permitted uses in most of the city’s commercial zones and mixed-use zones, which are concentrated in our commercial corridors. Concentrating compatible commercial uses in these areas makes sense as these areas are more pedestrian- and transit-oriented and are in closer proximity to denser family developments.
“The city zoning bylaw does not recognize personal services establishments as an industrial use; they are not listed as a permitted use under the M1 zone, which is why this temporary use permit application is in front of you today.”
Pukesh said staff reached out to commercial property owners in other areas of the city to see if they had commercially zoned space for rental.
“Staff received quick and eager responses, with an inventory of available properties that are either move-in ready, or where the property owner is willing to build or renovate to suit a particular tenant,” said Pukesh. “Staff recognize this unit in the building on Duncan Street may be attractive to the tenant due to its size, rental rates and move-in ready status. However, permitting commercial uses to occupy industrial spaces could be seen as perpetuating the existing vacancy rates in the city’s commercial cores. Staff takes a position that this litmus test of temporary use permit consideration has not been met.
“Staff recognizes that it would be very easy to say ‘what’s the harm with respect to permitting this temporary use permit,’ as admittedly, the proposed tenant provides a service to the community in a specialty medical practice and the operations would be of negligible impact in terms of noise or parking. But those same reasons are why this use should be directed to existing commercial lands. There is a risk in establishing precedents through the issuance of this temporary use permit, which could seek to undermine the intent of the industrial zone, as well as perpetuating vacancy rates in commercial precincts, which would benefit from utilization. Staff are not in support of issuance of this temporary use permit.”
Precedent has been set, says mayor
Mayor Dave Formosa said the matter was a tough one. He said he has gone to physiotherapy in that building and he went to massage therapy there, as well as having lunch there and going to a gym.
“I hear what you are saying about the zoning but a precedent has been set for years,” said Formosa. “This building is being eroded of tenants, it has a huge tax base, and if I was the owner of that building, I would be looking for some kind of zone that would allow mixed uses.
“It is getting more difficult to find office space in Powell River.”
Pukesh said that gymnasiums and fitness centres are allowed under the zoning, as well as restaurants.
“A lot of those mixed uses have always been permitted in the M1 zone,” said Pukesh. “It’s just the way we are interpreting the office’s use.”
Councillor Cindy Elliott said physiotherapy is defined as a health centre and the application before the committee is not.
“I don’t really get it,” said Elliott.
Pukesh said staff would go back to the definition in the zoning bylaw of a personal services establishment, which includes medical or dental practice.
Councillor George Doubt said offices of a similar nature have been located in the building and staff have allowed that to happen. He said the bylaw is now being interpreted to mean that the application wouldn’t be approved, and the solution that was sought was a temporary use permit.
“This was a concern I had when we started talking about temporary use permits,” said Doubt. “It’s the wrong tool to use to try and solve the problem. Dealing with the zoning makes a lot more sense than trying to fix it with a hammer.”
Councillor Maggie Hathaway suggested that the committee direct staff to give notice of council’s intention to consider issuance of a temporary use permit to allow personal service establishment use at the Duncan Street building.
“We can see if people have objections to it,” said Hathaway. She made a motion that the committee direct staff to give notice, which passed unanimously.
