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HomeMy WebLinkAboutCSD-13-074 - Addendum to CSD-13-031 - Revied Demolition Control Policy and By-lawStuff Report Community Services Department www1itchener.ca REPORT TO: Council DATE OF MEETING: June 24, 2013 SUBMITTED BY: Alain Pinard, Director of Planning PREPARED BY: Andrew Pinnell, Planner, 519 - 741 -2200 x7668 WARDS INVOLVED: All DATE OF REPORT: June 19, 2013 REPORT NO.: CSD -13 -074 SUBJECT: ADDENDUM TO CSD -13 -031 — REVISED DEMOLITION CONTROL POLICY AND BY -LAW RECOMMENDATION: A. That By -law 79 -157, known also as Chapter 620 of the Municipal Code, pertaining to the City's Demolition Control Area, be repealed and that the Demolition Control and Delegated Authority By -law proposed by staff be approved in the form shown in the "Proposed By -law" dated June 17, 2013 attached to Report CSD -13 -074 as Appendix "A ". B. That Council Policies 1 -1005, 1 -1010, 1 -1015, and 1 -1020 pertaining to Demolition Control be repealed and that the Demolition Control Policy proposed by staff be approved in the form shown in the "Proposed Council Policy" dated June 24, 2013, attached to Report CSD -13 -074 as Appendix "B ". REPORT: On June 10, 2013 the Community and Infrastructure Services Committee recommended that the City's Demolition Control By -law be repealed and be replaced with a new Demolition Control and Delegated Authority By -law proposed by staff, contained within Report CSD -13 -031. In addition, the Committee recommended that staff revise the Demolition Control Policy attached to Report CSD -13 -031 to include a requirement for a written courtesy notice to neighbouring property owners. Staff has prepared a revised version of the policy as directed by Committee. The version in Report CSD -13 -031 required only the posting of a sign on the property following approval of a demolition control application advising of the approval and pending demolition of the building. The revised version requires the posting of a sign as well as the circulation of a courtesy notice to all property owners within 30 metres of the property, for information purposes only. The policy further states that the ward councillor is to be copied on the courtesy notice (see sections 4.a. and 4.b. of the revised policy, attached as Appendix "B "). Staff is of the opinion that a 30 metre circulation distance is appropriate since this is the distance used for Minor Variance Application circulations. In addition, staff notes that the City of Cambridge does not notify at all, while the City of Waterloo notifies only immediately abutting property owners regarding demolition control application decisions. When Planning staff has had a chance to formulate sign requirements, including the location, content, duration of posting, and appropriate staff member contact, these details will be included in a staff procedure manual and will be forwarded to Council via email, for information. In addition to revising the policy, staff is also recommending a minor revision to the public work /service clause contained in the by -law. This revision to section 6(e) of the by -law clarifies staff's intent to allow an exemption from demolition control when demolition of a residential property is necessary for the construction or establishment of a public work or service approved by the City, Regional Municipality of Waterloo, or Kitchener - Wilmot Hydro. The previous policy only referenced City approved public service works. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The proposed demolition control by -law and policy relate to Community Priority Development and help to "strengthen our existing communities and neighbourhoods." This by -law and policy seek to maintain residential properties and protect residential neighbourhoods from the premature loss of housing stock, while allowing other areas of the City to redevelop in different ways. In addition, greater processing efficiency will be achieved, allowing staff resources to be spent on projects that have a greater effect on creating a safe and complete community. FINANCIAL IMPLICATIONS: Since the demolition control area is proposed to be scoped, staff anticipates fewer demolition control applications will be submitted. This may result in less revenue. However, staff resources can be more appropriately utilized for other City work /projects ensuring enhanced customer service. COMMUNITY ENGAGEMENT: Staff consulted with The Waterloo Region Homebuilders Liaison Committee on two occasions (March 22, 2013 and April 19, 2013) to discuss staff's intent to review the current demolition control by -law and policies with the intent of tabling a new by -law and policy. Input was requested from the greater development industry as outlined in Report CSD -13 -031. The general public was not specifically notified of this initiative since public notification of demolition control applications is not required under the Planning Act. However, this report, Report CSD- 13 -031, and the report and minutes from the October 22, 2012 Council Strategy Session have been posted on the City's webpage as part of this and previous agenda packages, thereby informing the general public of the review that has taken place. The level of engagement used through this initiative relates to the "inform" and "consult' themes from the Community Engagement Strategy. CONCLUSION: Staff is of the opinion that the proposed by -law and policy attached as Appendix "A" and "B" respectively, will meet the current and future needs of the City, and represent good planning. REVIEWED BY: Della Ross, Manager of Development Review ACKNOWLEDGED BY: Michael May, Deputy CAO Community Services Department Attachments Appendix "A" — Proposed Demolition Control By -law, dated June 24, 2013 Appendix "B" — Proposed Demolition Control Policy, dated June 24, 2013 CSD -13 -074 Appendix A PROPOSED BY -LAW JUNE 17, 2013 BY -LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by -law to repeal and replace Chapter 620 of The City of Kitchener Municipal Code with respect to Demolition Control). WHEREAS section 33 of the Planning Act, R.S.O. 1990, c. P.13, provides that Council of The Corporation of the City of Kitchener may by by -law designate any area within the City of Kitchener as a demolition control area when a property standards by- law under section 15.1 of the Building Code Act, 1992, S.O. 1992, c. 23, is in force in the City of Kitchener; AND WHEREAS Chapter 665 (Property Standards) of the City of Kitchener Municipal Code has been enacted and is in force in the City of Kitchener; AND WHEREAS no person shall demolish the whole or any part of any residential property in a demolition control area unless the person has been issued a demolition permit by the Council of The Corporation of the City of Kitchener; AND WHEREAS under subsections 33(3) and 33(6) of the Planning Act, R.S.O. 1990, c. P.13, the Council of The Corporation of the City of Kitchener is the decision - maker in respect of consenting to the demolition of a residential property in an area of demolition control; AND WHEREAS under sections 9 and 10 of the Municipal Act, 2001, S.O. 2001, c. 25, in accordance with section 23.1 of the Municipal Act, 2001, the powers of a municipality under that or any other Act may be delegated to a person or a body subject to the restrictions set in sections 23.2 to 23.5, inclusive, of the Municipal Act, 2001, AND WHEREAS it is deemed expedient to exercise the powers conferred by the Municipal Act, 2001, S.O. 2001, c. 25; NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as follows: npfinifinn¢ 1. In this By -law: CSD -13 -074 Appendix A "approval authority" means Council or Manager, depending on the circumstance as described in section T "Building Code Act' means the Building Code Act, 1992, S.O. 1992, as amended; "Chief Building Official" means the Chief Building Official of the City and shall include a delegate or delegates thereof; "City" means The Corporation of the City of Kitchener; "Council" means the Council of The Corporation of the City of Kitchener; "dwelling unit" means any property that is used or designed for use as a domestic establishment in which one or more persons may sleep and prepare and serve meals; "Director of Planning" means the Director of Planning of the Community Services Department for the City; "Manager" means the Manager of Development Review of the Community Services Department for the City. In the absence or unavailability of said Manager, this term shall mean the City's Director of Planning; "Planning Act' means the Planning Act, R.S.O. 1990, c.P.13, as amended; "residential property" means a building that contains one or more dwelling units, but does not include subordinate or accessory buildings the use of which is incidental to the use of the main building; "standard approval conditions" mean those conditions outlined in section 8, as permitted by the Planning Act; 2. The demolition control provisions contained within section 33 of the Planning Act are intended to: (a) prevent the premature loss of viable housing stock and the creation of vacant parcels of land; (b) protect the appearance, character, and integrity of residential neighbourhoods and streetscapes where no redevelopment is planned; (c) prevent the premature loss of municipal assessment; (d) retain existing dwelling units until redevelopment plans have been considered and approved; and (e) ensure that redevelopment occurs in a timely manner, where proposed. 3. The demolition control provisions contained within section 33 of the Planning Act, are not intended to: CSD -13 -074 Appendix A (a) examine the layout or design of a proposed redevelopment of a site that is the subject of a demolition control application since other Planning Act provisions perform this function; or (b) prohibit or delay demolition where a building permit for redevelopment is ready to be issued. The approval authority must issue approval where a building permit is ready to be issued and may impose the standard approval conditions. 4. The City's demolition control area shall be limited to lands within zoning classifications R -1 through R -6 as defined in the City's Zoning By -law 85 -1, as amended, within the City. 5. No person shall demolish the whole or any part of any residential property within the demolition control area specified in section 4 unless the person has obtained demolition control approval and a demolition permit issued by the City. 6. This by -law shall not apply if: (a) the proposed demolition does not result in the loss of any dwelling units; (b) the residential property is not a permitted use under the current zoning of the property; (c) the residential property has been found to be unsafe under 15.9 of the Building Code Act (unsafe order) and /or has been found to be an immediate danger to life safety under section 15.10 of the Building Code Act (emergency order) and /or has been found to constitute an emergency situation under the Chapter 665 of the City of Kitchener Municipal Code and an emergency order has been issued under Section 15.7 of the Building Code Act; (d) the proposed demolition is necessary to facilitate environmental remediation of the site and completion of a record of site condition as specified by a qualified professional; (e) Demolition of the residential property is necessary to allow for the construction or establishment of a public work or service approved by the City, the Regional Municipality of Waterloo, or Kitchener - Wilmot Hydro Inc.; (f) the residential property is a mobile home; or (g) the residential property is exempted under any provincial or federal statute or regulation. 7. Subject to the conditions hereinafter contained, all authority of Council to approve demolition control applications under subsections 33(3) and 33(6) of the Planning Act is delegated to the Manager under the following circumstances only. In all other cases Council shall have all authority. Delegated authority to the Manager shall include the authority to impose the standard approval conditions under subsection 33(7) of the Planning Act at the discretion of the CSD -13 -074 Appendix A Manager. This authority shall not include the power to refuse a demolition control application. Delegated authority to the Manager shall only apply where the residential property proposed to be demolished is not listed as a non - designated property of cultural heritage value or interest and not designated under the Ontario Heritage Act, RSO 190, c.O.18, as amended, and under at least one of the following circumstances: (a) where redevelopment of the residential property to be demolished is proposed via the submission of a building permit application and /or site plan application,(if applicable under Chapter 683 of the City of Kitchener Municipal Code, and the applicant is in agreement with the imposition of the standard approval conditions; (b) where the residential property is within a draft plan of subdivision for which a pre- servicing agreement has been registered; or (c) in the opinion of the Manager the residential property poses a significant threat to the health, safety, or security of the community. Notwithstanding subsections 7.(a) to (c), at the discretion of the Manager, any application may be directed to Council for final decision. 8. In cases where a site plan application has been submitted, if applicable under Chapter 683 of the City of Kitchener Municipal Code, and a building permit has been submitted for the imminent redevelopment of the lands subject to a demolition control application, the approval authority must approve the demolition control application and may impose the following standard approval conditions. The redevelopment timeframe may be extended beyond two years at the discretion of the approval authority, but shall in no cases be less than two years. The Planning Act outlines the procedure related to such timelines. No other conditions may be imposed: (a) that the owner obtains final site plan approval for the proposed redevelopment, if applicable under Chapter 683 of the City of Kitchener Municipal Code; and (b) that the owner obtains a building permit(s) for the proposed redevelopment. Upon satisfaction of subsections 8.(a) and (b), the City's Chief Building Official may authorize and issue a demolition permit under subsection 33(6) of the Planning Act. The demolition permit will be subject to the following condition: That in the event that construction of the proposed redevelopment is not substantially complete within 2 years of the date of issuance of the demolition permit, the City Clerk may enter on the collector's roll, to be CSD -13 -074 Appendix A collected in like manner as municipal taxes, $20,000 for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued. 9. In the case of a residential property having cultural heritage value or interest, the approval authority may also request, though not require, that the owner sign an undertaking allowing the members of the City's Heritage Committee and /or the City's Heritage Planning staff the opportunity to enter the residential property to photograph and document the building(s) before demolition occurs. General 10. It is hereby declared that each and every of the foregoing sections of this by -law is severable and that, if any provisions of this by -law should for any reason be declared invalid by any Court, it is the intention and desire of Council that each and every of the then remaining provisions hereof shall remain in full force and effect. 11. By -law 91 -324 and the contents of Chapter 620 are hereby repealed 12. The Clerk of the City is hereby directed to make this by -law a part of The City of Kitchener Municipal Code by adding it to the Concordance and arranging and numbering it as Chapter 620 so as to fit within the scheme of the Code. PASSED at the Council Chambers in the City of Kitchener this day of , A.D. 2013. Mayor Clerk CSD -13 -074 Appendix B COUNCIL POLICY RESOLUTION POLICY NUMBER: I — DATE: JUNE 24, 2013 POLICY TYPE: LAND USE PLANNING SUBJECT: DEMOLITION CONTROL POLICY CONTENT That City Council adopt the following policy with respect to demolition control applications filed in accordance with the Planning Act: 1. Planning Division staff shall circulate demolition control applications to the City's Building Division staff only in cases where redevelopment is not proposed and shall circulate to the City's Heritage Planning staff in all cases. Responses shall be received in no more than 14 consecutive days of circulation. 2. Building Division staff shall perform an inspection of a residential property subject to a demolition control application only in cases where redevelopment is not proposed. The purpose of such inspections shall be to evaluate the physical condition of the residential property in order to help determine whether the proposed vacant parcel is preferable to the building in its present condition. Such an inspection shall give a subjective rating of the residential property in terms of its overall condition and shall also comment on such matters as: i. damage to the property due to fire, water, wind, or other damaging cause or event; ii. health and life safety as they relate to the residential property (i.e., building); iii. structural stability; iv. the state of repair and upkeep; V. risk of damage to adjacent buildings and properties; and vi. whether the property is vacant or occupied. 3. The following criteria shall be used to evaluate the appropriateness of an application to demolish a residential property in circumstances where no building permit will be issued to redevelop a site: a. The condition of the residential property as outlined in Clause 2, above. b. Whether the residential property has cultural heritage value or interest. c. Whether the residential property is currently used for residential purposes and, if not, the length of time it has been used for non - residential purposes or has been vacant. d. The impact of the proposed demolition on abutting properties, streetscape and neighbourhood stability. e. The estimated timeframe for redevelopment of the property as provided by the applicant on the application form, if applicable. CSD -13 -074 Appendix B 4. The community and ward councillor shall be notified of the pending demolition of a residential building via the following means: a. The applicant shall be required to post a sign on the property advising of the pending demolition of the building, for information purposes only, and b. The City's Planning Division staff shall circulate a courtesy notice to all property owners within 30 metres of the property subject to the demolition control application, advising of pending demolition of the building, for information purposes only. The applicable ward councillor shall be copied on this letter.