HomeMy WebLinkAboutDTS-05-102 - DC05/05/B/CB - 119/121 & 125/127 Benton Street & DC05/06/B/CB - 115 Benton
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Development &
Technical Services
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Report To:
Date of Meeting:
Submitted By:
Prepared By:
Ward(s) Involved:
Date of Report:
Report No.:
Subject:
Development & Technical Services Committee
June 27, 2005
Jeff Willmer, Director of Planning, 741-2325
Cory Bluhm, Planner, 741-2776
Ward 6
June 13, 2005
DTS-05-1 02
DC05/05/B/CB - 119/121 & 125/127 Benton Street
DC05/06/B/CB - 115 Benton Street
RECOMMENDATION:
1. That demolition control application DC 05/05/B/CB requesting permission to demolish
one single detached dwelling with a commercial unit, located at 119/127 Benton Street,
and one 8-unit converted dwelling, located at 125/127 Benton Street, legally described
as Plan 405 Part Lot 5 and Part Lot 6, be aooroved in principle, subject to the following
conditions:
i) That the owner obtain final Site Plan Approval; and,
ii) That the owner obtains a building permit for a proposed development.
Upon satisfaction of conditions (i) and (ii), the Chief Building Official may authorize and
issue a demolition permit under Section 33(6) of the Planning Act. The demolition permit
will be subject to the following condition:
That in the event that construction of a new building is not substantially
complete within 2 years of the date that demolition is commenced, the City
Clerk may enter on the collector's roll, to be 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.
2. That demolition control application DC 05/06/B/CB requesting permission to demolish
one single detached dwelling, located at 115 Benton Street, legally described as Plan
405 Part Lot 4, be aooroved.
BACKGROUND
The subject buildings are located along the eastern frontage of Benton Street between
Courtland Avenue and St. George Street, in the Cedar Hill Neighbourhood. The properties are
designated Medium Density Commercial Residential under the City's Municipal Plan and
subject to the Cedar Hill Land Use and Social Environment Study and amending zoning by-law
to change the zoning to Cedar Hill Two Zone (CH-2) with Special Regulation Provision 427R.
The amending zoning will permit single detached dwellings and those commercial uses
permitted in the Commercial-Residential Two Zone (CR-2).
REPORT
Under the Planning Act, the purpose of Demolition Control is to maintain residential properties
within the municipality and to prevent their premature removal. Where no new buildings are
proposed, the municipality must determine whether or not the removal of the dwellings is in the
public interest.
In this case, the applicant wishes to demolish the dwellings so as to provide prepare the lands
for a future commercial redevelopment, but no plans are currently proposed.
There are two alternative approaches which the City could consider: 1) the demolition is
premature and the buildings should be retained and continue to provide rental housing until
building permits for a new development are obtained, or 2) the demolition is preferable to seeing
the buildings sit vacant and boarded up.
In order to assess whether or not the demolition of these buildings are in the public interest, the
proposal must be weighed against the seven criteria outlined in Council Policy 1-1010:
1. Property Subject to the Ontario Heritage Act
None of the 3 buildings are designated under the Ontario Heritage Act.
2. Architectural and Historical Value of the Dwelling
The subject properties are not designated under the Ontario Heritage Act, nor listed on the
City's Heritage Inventory. With the exception of No. 115 Benton Street which is abandoned and
in poor condition, 119/121 and 125/127 Benton Street are older properties having some historic
character, commanding a significant street presence and possessing some original architectural
detail. The two storey yellow brick multi unit addition located to the rear of 125/127 Benton
Street is particularly interesting, as such building form and development is relatively uncommon
in the City. Though having no formal heritage status at this point in time, staff question the value
to the community of demolishing these older buildings in the absence of a redevelopment plan
or application, and suggest that it may be premature to demolish.
3. Condition of the Dwelling
The City's Fire Services have been dealing with the subject properties relating to Fire Code
violations, for some time now. On March 31,2003, a City Building Inspector conducted an
inspection of the subject dwellings.
115 Benton Street - The building is in a total state of disrepair, and costs to repair the building
are estimated at $200,000.
119/121 Benton Street - the buildings are generally in good repair but would require $75,000
worth of improvements.
125/127 Benton Street - the buildings are generally in good repair but would require $140,000
worth of improvements.
4. Neighbourhood and Streetscape Quality
The existing streetscape is currently in a state of conversion and redevelopment. On the
opposite side of Benton Street, a former factory and parking lot is proposed to be redeveloped
as the Arrow Lofts. Directly adjacent to the north of these properties sit three empty lots (103,
107 and 111 Benton Street). There is clearly an opportunity for future comprehensive
redevelopment of the subject properties.
5. Timeframe of Redevelopment
The applicant has not indicated a timeframe for any long-term construction or replacement of
the existing buildings with new buildings.
6. Community Feedback
Through the neighbourhood circulation, no objections were raised.
7. Zoning Compliance of the Proposed Use
The Cedar Hill Zoning would allow the subject lands to be severed and developed as 6 single
detached dwellings, recreating the historic streetscape, or as a comprehensive commercial
development. The applicants have indicated a likelihood for a future commercial (office)
development, likely following the completion of the Arrow Lofts and improvements to the
Downtown office market.
Cedar Hill land Use and Social Issues Study
The recent study of the Cedar Hill neighbourhood alluded to and concluded the following:
· Cedar Hill is in danger of increasingly becoming a ghetto for small, low-income
households;
· Cedar Hill has the highest percentage of multiple dwellings and the highest density of
the Central Neighbourhoods;
· Disruptive behaviour and other social concerns primarily occur in the northern part of
the neighbourhood (between Charles Street and Church Street); and,
· A zoning solution is needed for long-term stability of the neighbourhood, relating to new
residential development.
The implementing "down zoning" of Cedar Hill was intended to encourage new development
that will contribute positively to the well-being of the neighbourhood. Existing development will
be deemed "legal non-conforming" under the zoning by-law, but would continue to conform with
the policies of the Municipal Plan. As such, both the existing uses and a potential future
office/commercial development would both be consistent with the policies of the Municipal Plan.
This suggests that the City is not intending to see the block-busting or removal of existing
multiple dwellings, but looking to regulate new development. The subject lands do house
multiple dwellings which might contribute to the existing concentration of small, low income
3
households. However, the lands are not located within the northern portion of the
neighbourhood, identified as having greater social concerns. It is questionable whether the
removal of these dwellings now, rather than when a new development scheme is put forward,
would provide any benefit to the neighbourhood's well-being.
Intent of the Application
The intent of the application is to demolish these buildings so as to make the lands more inviting
to new development. In other words, eliminate 3 buildings and a total of 10 residential units for
a potential future redevelopment. Planning staff acknowledge that a site is more attractive to a
prospective developer as an empty lot. However, staff are not convinced that the dwellings
prevent a prospective developer from having interests.
Thus, staff must consider whether preparing the lot for a future development is worth the loss 10
residential dwelling units. Three previous experiences should be considered:
· 30 Margaret Ave - 6 residential dwellings were demolished more than 25 years ago, to
make way for a potential apartment building, but the property remains vacant.
· 103, 107 & 111 Benton Street (adjacent to the subject properties) - 3 residential
dwellings have been removed, the most recent in 1990, to make way for a potential
apartment building, but the property remains vacant.
· 209 Frederick Street - 5 residential dwellings were vacant and boarded up for several
years, then demolished in 2002 - a new office building will open in the summer of 2005.
Based on historical cases, there is no assurance that redevelopment will occur any time soon,
and these lots could endure the same fate as those on Margaret Avenue - a loss of 10
residential units with no development to replace it. As such, staff suggest that those dwellings
still in habitable condition be retained until such time as a building permit is issued for
redevelopment. Although the City would prefer 115 Benton Street also be retained, it is no
longer habitable, and thus there is little choice but to recommend its demolition.
Summary
115 Benton Street - as the building appears to be beyond repair, it is clearly in the best interest
of public safety to see the dwelling removed as soon as possible.
119/121 & 125/127 Benton Street - Planning staff acknowledge that the properties in question,
along with the adjacent properties, are ideal for a future comprehensive redevelopment.
However, Planning staff feel that since the dwellings are still habitable and in good repair, that
the demolition should not occur until such time as a future redevelopment proposal is put
forward. By requiring site plan approval and building permits for a new development, prior to
issuing a demolition permit, the residential units will be retained, but not prevent future
redevelopment. This approach also allows for the future consideration of incorporating the
existing buildings into a new project design.
In conclusion, the proposed demolition applications are generally consistent with Council Policy
1-1010 and should be approved, subject to application DC05/06/B/CB (119/121 & 125/127
Benton Street) being approved in principle subject to those conditions identified in the
"Recommendation" section of this report.
FINANCIAL IMPLICATIONS (IF ANY)
Not applicable.
COMMUNICATIONS
Preliminary circulation of the demolition control application was undertaken on April 20, 2005, to
City Departments and to all property owners within 60 metres of the subject property (pursuant
to Council Policies 1-1005 and 1-1015). No objections were received as part of the circulation.
However, comments were provided by the City's Building Division and Fire Services - an
inspection report was provided by the City's Supervisor of Inspections.
Cory Bluhm, BES
Planner
Jeff Willmer, MCIP, RPP
Director of Planning
Attachments:
· Onpoint Air Photo
· Building Photographs
· Building Inspection Report
· Comments from Fire Services