HomeMy WebLinkAboutDTS-07-007 - DC 06/09/Q/AP - 242 Queen St S1
h~TC~NER
Development &
Technical Services
. , .
Report To: Development and Technical Services Committee
Date of Meeting: January 8, 2007
Submitted By: Jeff Willmer, Director of Planning (741-2325}
Prepared By: Andrew Pinnell, Planner (741-2668}
Ward(s) Involved: Ward 6 -West Victoria Park Ward
Date of Report: January 2, 2007
Report No.: DTS-07-007
Subject: DEMOLITION CONTROL APPLICATION DC 06/09/Q/AP
Address: 242 Queen Street South
Owner: Reaching Our Outdoor Friends (ROOF}
RECOMMENDATION:
That demolition control application DC 06/09/Q/AP requesting permission to demolish a dwelling
located at 242 Queen Street South, owned by ROOF, legally described as Part Lot 57, Plan
393, be approved without conditions.
BACKGROUND:
The subject property is located on the northwest side of Queen Street between Courtland
Avenue and Joseph Street. The property is within the Victoria Park Neighbourhood Heritage
Conservation District, is zoned Commercial-Residential CR-3 and is designated as Mixed Use
Corridor in the City of Kitchener Municipal Plan. The building was designed and originally used
as a dwelling. Its latest use, until severely damaged by fire in December 2005, was as a drop-in
counselling centre for youth.
The owner intends to remove the fire-damaged vacant structure. Plans for the re-use or
redevelopment of the site are undetermined; the immediate plan is to maintain the property as a
vacant lot after demolition.
REPORT:
1. Notification
Preliminary circulation of the demolition control application was undertaken on November 28,
2006 to internal departments and to owners of property within 60 metres of the site. Written
comments are attached.
2. Planning Comments
The condition usually applied to discourage premature demolition is a $20,000 fine if
redevelopment has not taken place within two years after demolition. In this case, applying
such a condition would merely prolong the current situation - a vacant building which presents a
potential hazard, a temptation to squatters or vandals, and a visual blight on the immediate
area.
Cost estimates obtained by ROOF demonstrated that the cost of restoration would exceed the
cost of demolition and redevelopment. The site is within the Mixed Use Corridor designation,
which promotes intensive, transit-supportive development. On this basis the redevelopment of
the site for more intensive development could even be considered to be preferable to the
restoration of the building, as it should achieve a more intensive or more dense development in
keeping with the official plan policy.
Under the Planning Act, the purpose of demolition control is to maintain residential properties
within the municipality and to prevent their premature or unjustified removal. Where no new
building permits will be issued for a new building on the site, seven criteria outlined in Council
Policy I-1010 are used to evaluate the appropriateness of an application to demolish a
residential building. Staff have weighed the proposal against the abovementioned criteria:
9. Property Subject to the Ontario Heritage Act
The subject property is designated under Part V of the Ontario Heritage Act, as within the
Victoria Park Heritage Conservation District. Both the demolition and the future redevelopment
will require permits under the Heritage Act. The demolition permit is addressed in report DTS-
07-008.
2. Architectural and Historical Value of the Dwelling
This issue is addressed in a separate report (DTS-07-008}, regarding the demolition permit
required under the Heritage Act, to be considered by Council on January 15 2007.
On the basis that the cost would be prohibitive, it is unreasonable to require rehabilitation.
Heritage Planning staff is recommending approval to demolish.
3. Condition of the Dwelling
The building is vacant due to a fire and is in poor condition. Building Division staff have issued
and order to remedy the unsafe condition due to the fire as well and an order prohibiting
occupancy of the building due to the unsafe conditions.
4. Neighbourhood and Streetscape Quality
Although leaving the site as a vacant lot will not enhance streetscape quality in an urban mixed-
use corridor setting, neither does the retention of the vacant damaged building. Under normal
circumstances staff would recommend approval conditional on requiring site plan approval and
building permit issuance for the redevelopment, and imposing a condition on the demolition
permit levying a $20,000 fine if the redevelopment is not substantially complete within two years
of demolition. In this case, since the property is in a mixed use corridor and within a Heritage
Conservation District, maintaining a vacant lot would not be in keeping with the planning
objectives for Queen Street. However, given the severe fire damage and the prohibitive cost of
rehabilitation, unconditional approval of the demolition is recommended.
Prior to future redevelopment of the property the owner is required to obtain site plan approval
under Section 41 of the Planning Act, as well as a permit under the Heritage Act. Through
these controls, development of the site will be evaluated and ensured to be in conformity with
the Victoria Park Heritage Conservation District Plan, the Zoning By-law and the Mixed Use
Corridor urban design guidelines. This process will promote compatible development with the
surrounding area.
5. Timeframe of Redevelopment
The timing of redevelopment is unknown.
6. Community Feedback
Written/e-mailed comments are attached. The community is generally supportive of the
demolition but has questions regarding the specifics of any redevelopment proposal. The City`s
only authority under Demolition Control legislation is with regard to the prematurity or
appropriateness of the demolition. The future land use and site/building design are governed by
zoning, site plan control and the heritage permit.
7. Zoning Compliance of the Proposed Use
No specific use is proposed. The site may remain vacant. A freestanding commercial parking
lot, if proposed, would not be permitted by the CR-3 zoning.
3. Comments Received
A demolition permit under the Building Code will be required. The fee for a demolition permit is
currently $76.50 for a residential building and the applicant will be required to submit a pre and
post site grading plan. Engineering staff have no concerns.
The City's Heritage Planner acknowledges that the building in its current poor condition is a
blight and a potential danger to the neighbourhood, and agrees with the recommendation so as
not to delay demolition unnecessarily.
4. Summary
Having considered the criteria established in Council Policy I-1010, Planning Staff are satisfied
that the proposed demolition is justified given the condition of the existing building and the
remote possibility of its restoration or residential use prior to demolition. As such, Planning Staff
recommend that the demolition control application be approved without conditions.
FINANCIAL IMPLICATIONS:
None.
Andrew Pinnell, BES Jeff Willmer, MCIP, RPP
Planner Director of Planning
Attachments:
• Appendix "A" -Existing Conditions Plan submitted with application
• Appendix "B" -Neighbourhood comments