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HomeMy WebLinkAbout04. General Information 152 SHANLEY STREET, KITCHENER (the “Property”) PROPERTY INFORMATION ALL DOCUMENTS REFERRED TO HEREIN AS BEING AVAILABLE ON THE CITY’S WEBSITE CAN BE FOUND AT: www.kitchener.ca/TaxSale The City is NOT the owner of the Property and as a result the City cannot NO ACCESS TO THE provide access to the Property (site or building(s)) for the purpose of allowing PROPERTY IS interested parties or potential purchasers to conduct their due diligence. AVAILABLE The Property will be offered for sale on an “as is, where is basis”. The Property CITY MAKES NO is located at the corner of Shanley Street and Duke Street. A map showing the REPRESENTATIONS location of the Property is available on the City’s website, labelled “Map”. WITH RESPECT TO THE PROPERTY The City makes no representations regarding title or any other matters related to the Property or the lands to be sold. Responsibility for ascertaining the status of any matters rests solely with the interested parties or potential purchasers. 2014 Official Plan OFFICIAL PLAN Low Rise Residential with Special Policy 18 which provides that a maximum DESIGNATION Floor Space Ratio of 2.0 will apply to multiple residential dwellings and no residential building will exceed four storeys or 14 metres in height, at the highest grade elevation, whichever is the lesser. The 2014 Official Plan can be found on the City’s website, labelled “2014 Official Plan”. “Policy 15.D.12.18. - 152 Shanley Street Notwithstanding the Low Rise Residential land use designation on lands municipally known as 152 Shanley Street, a maximum Floor Space Ratio of 2.0 will apply to multiple residential dwellings and no residential building will exceed four storeys or 14 metres in height, at the highest grade elevation, whichever is the lesser.” The 2014 Official Plan, in its entirety, is not fully in effect until all appeals are resolved. Contact person at the City for inquiries or additional information: Tina Malone-Wright – Senior Planner Telephone: (519) 741-2200 ext 7765 Email: tina.malonewright@kitchener.ca The Property is zoned Residential Six (R6) Zoning with Special Regulation 128R. ZONING The R6 Zone can be found in Section 40 to Zoning By-law No. 85-1, and Special Regulation 128R can be found in Appendix ‘D’ to Zoning By-law 85-1. Zoning By-law 85-1 can be found on the City’s website, labelled “Zoning”. The City is preparing a new Zoning By-law to correspond with the new 2014 Official Plan. The zoning of the property is subject to change. Contact person at the City for inquiries or additional information: Sheryl Rice Menezes – Planning Technician (Zoning) Telephone: (519) 741-2200 ext 7844 Email: sheryl.ricemenezes@kitchener.ca th At the November 5, 2018 meeting of the Planning & Strategic Initiatives PLANNING Committee the City adopted a Vision Statement for 152 Shanley Street (Staff Report DSD-18-143 and Appendix ‘A’ to DSD-18-143) which can be found on the City’s website, labelled “Vision Statement – Report” and “Vision Statement – Appendix A”. This Vision Statement is to provide guidance and support to the processing of future Planning Act applications to facilitate the redevelopment of 152 Shanley Street. Contact person at the City for inquiries or additional information: Tina Malone-Wright, Senior Planner Telephone: (519) 741-2200 ext 7765 Email: tina.malonewright@kitchener.ca 152 Shanley Street is a property of cultural heritage value or interest. It is HERITAGE currently on the Heritage Kitchener Inventory of Historic Buildings. It was added to the Heritage Kitchener Inventory in March, 1998. The cultural heritage value of the Property was re-evaluated in 2008 and the Heritage Kitchener Evaluation Sub-Committee determined that the Property should be considered for formal “listing” on the City’s Municipal Heritage Register. A Statement of Significance was prepared in 2009 (the “SOS”) and correspondence was mailed to the owner of the Property at that time advising of the City’s interest and intent to list the Property. The City did not receive a response and the decision was made to temporarily place the listing of the Property on hold. A copy of the SOS has been posted to the City’s website, labelled “Heritage SOS”. Note that the SOS was prepared in 2009 and that the evaluation form included as Appendix ‘A’ in the SOS makes reference to the condition of the building as being “good”. Such condition assessment is in relation to the general exterior appearance as seen from the street in 2009. The City’s Official Plan contains a policy stating that the City will require a Heritage Impact Assessment and/or a Conservation Plan for development, redevelopment and site alteration that has the potential to impact a cultural heritage resource that is on the Heritage Kitchener Inventory or is listed on the Municipal Heritage Register. A Heritage Impact Assessment is a study to determine the impacts to known and potential cultural heritage resources proposed for future development. The study results in a report which identifies all known cultural heritage resources, evaluates the significance of the resources, and makes recommendations toward mitigated measures that would minimize negative impacts to those resources. In addition, the Ontario Heritage Act requires the owner of a property that is listed on the Municipal Heritage Register to provide Council with 60 days notice of the intent to demolish any building located on a listed property. It is Planning staff’s intent to consult with any new owner of the Property regarding bringing forward a recommendation to Council to list the Property on the Municipal Heritage Register. Contact person at the City for inquiries or additional information: Leon Bensason – Coordinator, Cultural Heritage Planning Telephone: (519) 741-2200 ext 7306 Email: leon.bensason@kitchener.ca PROPERTY TAXES The Property will be advertised for public sale under the tax sale provisions of the Municipal Act. Under the tax sale provisions the MINIMUM TENDER or BID allowed is the amount of the tax arrears owing at any time together with all current real property taxes owing, interest and penalties, as well as all reasonable costs incurred to undertake the tax sale, collectively referred to as the “Cancellation Price”. Any tender/bid that does not equal or exceed the Cancellation Price, being the Minimum Tender Amount shown in the advertisement, will be rejected as per the Municipal Act, 2001 and the Municipal Tax sales Rules. Contact person at the City for inquiries or additional information: Lesley MacDonald – City Solicitor & Director of Legal Services Telephone: (519) 741-2200 ext 7267 Email: lesley.macdonald@kitchener.ca By-law Enforcement responds regularly to issues regarding the Property BY-LAW including exterior grounds clean-up, removal of waste, towing of abandoned or ENFORCEMENT unauthorized vehicles, removal of graffiti, and most recently falling bricks. Most windows have been boarded up to attempt to secure the premises and provide some protection from the elements. Contact person at the City for inquiries or additional information: Gloria MacNeil – Director, By-law Enforcement Telephone: (519) 741-2200 ext 7952 Email: gloria.macneil@kitchener.ca January 4, 2019 the exterior façade, both brick veneer and metal siding, BUILDING collapsed unexpectedly and the debris fell towards Shanley Street. The façade failure occurred on the one storey building, adjacent to the four storey portion. Portions of the façade remain and are exposed to the elements. An exterior building inspection was conducted on January 4, 2019 during which two significant exterior wall displacements on the Duke Street wall face were th observed. The two displacements are at the 4 floor level and approx. 20’ apart from each other. An aerial roof inspection of the four storey portion showed a min. 3’ structural roof deflection. The roof deflection area is along the grid line of one wall displacement. On two locations, the roof covering or access cover are not sealed and therefore allowing snow and water into the building. In addition, as noted in an earlier Order, the roof leaks, wooden columns are crushed and the floors sag. The Successful Bidder will be responsible to secure the services of a Professional Engineer as soon as possible upon becoming the owner of the Property to determine the structural integrity of the entire building, both the one and four storey portions including inspecting the interior of the building. Ideally a Professional Engineer having experience working with older industrial buildings and who is certified by the Canadian Association of Heritage Professionals (CAHP). The Successful Bidder will submit the Professional Engineer’s structural integrity assessment, including a written report and any/all recommendations for remedial or temporary measures such as shoring, if unsafe or to demolish the building with rationale. Contact person at the City for inquiries or additional information: Mike Seiling – Chief Building Official Telephone: (519) 741-2200 ext 7669 Email: mike.seiling@kitchener.ca CONTAMINATION The Property is contaminated and is the subject of a Ministry of the Environment, Conservation and Parks (MOECP) Provincial Officer’s Order, a copy of which is available on the City’s website, labelled “Provincial Officers Order”. The City does not have any environmental reports pertaining to the Property. As there is NO RIGHT OF ACCESS to the Property, interested parties are not able to perform any environmental testing. Interested parties are encouraged to speak with the MOECP regarding this site to determine the MOECP’s expectations pertaining to the contamination. The contact person at the MOECP is: Stacey Tormey – Issues/Project Co-ordinator Ministry of the Environment, Conservation and Parks Guelph District Office, West Central Region Telephone : (519) 826-4260 Email : stacey.tormey@ontario.ca The City has partnered with The Regional Municipality of Waterloo to provide BROWNFIELD a Brownfield Financial Incentive Program as set out on the City’s website, INCENTIVES labelled “Brownfield Remediation”. This Property may be eligible for these programs. Contact person at the City for inquiries or additional information: Robert Morgan - Capital Investment Advisor Telephone: (519) 741-2200 ext 7734 Email: Robert.morgan@kitchener.ca Sanitary Sewer, Storm Sewer and Watermain are available to service the ENGINEERING Property from either Shanley Street or Duke Street. SERVICE CONNECTIONS Contact person at the City for inquiries or additional information: Linda Cooper – Manager, Development Engineering Telephone: (519) 741-2200 ext 7974 Email: linda.cooper@kitchener.ca Redevelopment of the Property will require Site Plan Approval. A formal pre- SITE PLAN submission consultation will be required prior to submitting a Site Plan Application. A formal pre-submission provides feedback on a proposed layout and sets out requirements for a complete application as well as those that may be imposed as conditions of Site Plan Approval. Contact person at the City for inquiries or additional information: Janine Oosterveld – Manager, Site Development & Customer Service Telephone: (519) 741-2200 ext 7076 Email: janine.oosterveld@kitchener.ca Kitchener-Wilmot Hydro Inc. (“K-W Hydro”) has overhead distribution Facilities KITCHENER-WILMOT along the roadways to the south and east of the Property. Any adjustments to HYDRO INC. K-W Hydro Facilities which may be required to accommodate any new development will be at the cost of the Developer. The construction of a transformer room may also be required as part of the servicing arrangements for any new development, the cost of which is to be paid by the Developer. Contact person at K-W Hydro for inquiries or additional information: John Theriault – Service Design Supervisor Telephone: (519) 745-4771 ext 6240 Email: jtheriault@kwhydro.ca When the Property is advertised for Public Sale under the Sale of Land for Tax PUBLIC SALE Arrears provisions of the Municipal Act:  All tenders must be submitted on prescribed forms provided by the City;  Tenders may not contain conditions that are not permitted under the Municipal Tax Sales Rules (O.Reg. 181/03, as amended) (the “Rules”);  Any tender containing conditions which are not permitted under the Rules shall be automatically rejected pursuant to the Rules;  Each tender must be accompanied by a deposit in the form of a money order or bank draft or cheque certified by a bank or trust corporation payable to the City in the amount of at least 20 per cent of the tender amount;  The successful purchaser will be required to pay the amount tendered plus accumulated taxes and the relevant land transfer tax; and,  The City has no obligation to provide vacant possession to the successful purchaser. Contact person at the City for inquiries or additional information: Lesley MacDonald – City Solicitor & Director of Legal Services Telephone: (519) 741-2200 ext 7267 Email: lesley.macdonald@kitchener.ca QUESTIONS OR CLARIFICATIONS Any request for additional information or clarification from the City regarding this Information Package is to be submitted in writing directly to the contact person that is provided herein for the specific matter to which each request pertains. Where information is available or appropriate for release, a response may be provided. Any request related to the environmental condition of the Property must be directed to the contact person at MOECP that is provided herein. The City will not respond to any legal or environmental questions. DISCLAIMER The Information provided herein and on the City’s website is provided as a courtesy only. Any interested parties or potential purchasers must undertake their own due diligence and satisfy themselves with respect to all matters pertaining to the Property. In the event that additional information becomes known or clarification is required as a result of questions that are raised, the City will post an Addendum on its website page regarding same (by date, for ease of reference). Interested parties and potential purchasers are advised to monitor the City’s website in order to determine whether or not any Addendum has been posted. Interested parties and potential purchasers are encouraged to secure their own expert advice regarding all matters, including environmental and legal advice.