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HomeMy WebLinkAboutDTS-09-013 - DC 08/21/O/GS - 400 & 430 Old Huron Rd - Hallman ConstructionI~TCx~R Deve!©pment& Techrrica~ Services Report To: Development and Technical Services Committee Date of Meeting: January 19, 2009 Submitted By: Alain Pinard, Interim Director of Planning (519-741-2325) Prepared By: Garett Stevenson, Planning Technician (519-741-3400 x 3158) Ward(s~ Involved: South Ward (Ward 4) Date of Report: January 13, 2009 Report No.: DTS-09-013 Subject: DEMOLITION CONTROL APPLICATION DC08/21 /O/GS 400 & 430 OLD HURON ROAD HALLMAN CONSTRUCTION Buildings to be ~~ demolished s ~ ~~~ f ~~~ ~ ~~~ ~ ~ ~~ ~~~ ~ ~ ~~~ ~ f r ~' } ~~ ~~ ~ ~ ~ r~ ~~~ ~$~ ~ f ~' ~ ~$ ~ f ~~~ r ~~ ~ ~' <aa aoo 0 ~~ ~~~~ RECOMMENDATION: That Demolition Control Application DC08/2110/GS requesting permission to demolish one (1 } single detached dwelling located at 400 Old Huron Road, owned by Hallman Construction, legally described as TRACT BIEHNS PT LOT 11, and requesting permission to demolish one (1) single detached dwelling located at 430 Old Huron Road, owned by Hallman Construction, legally described as TRACT BIEHNS PT LOT 11, be a roved without conditions. BACKGROUND: The subject properties are located at 400 and 430 Old Huron Road, near the intersection of Huron Road and Strasburg Road. The applicant is proposing to demolish the two single detached dwelling units. The demolition of the buildings is required to prepare the sites for future development. The owner have previously received approval to rezone the subject properties from Residential Six (R-6) to Neighbourhood Shopping Centre Zone (C-2). Zoning Provision 355U, which prohibits Gas Station as a permitted use, has been placed on the property municipally addressed as 430 Old Huron Road. The two existing residential dwellings are legal non-conforming uses and are not permitted under the current zoning. The subject lands are designated as Mix Use Node in the Official Plan. Mixed Use Nodes are distributed throughout the city and are primarily located near or around major intersections of the arterial road system. The intent of these nodes is to serve an inter-neighbourhood function that will allow for intensive, transit supportive development in a compact form. Mixed Use Nodes will intensify and provide a balanced distribution of commercial, multiple residential and institutional uses. The applicant has applied for Site Plan Approval (Application SP08/113/S/BB) to redevelop the subject site as a neighbourhood shopping centre, consisting of 6 commercial buildings. The applicant has submitted a comprehensive design brief which outlines the proposed redevelopment of the subject sites and the immediate surrounding area with commercial and residential uses. REPORT: Planning Comments 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. The applicant has stated that they would redevelop the site as a neighbourhood shopping centre. Notwithstanding the applicant's redevelopment plans, Planning staff advises that from past experience demolition is not always followed by timely redevelopment, even if a building permit is issued. In order to ensure timely development, Planning staff often recommends a condition requiring the owner to obtain a building permit. Upon issuance of a building permit, a demolition permit may be issued subject to a significant fine if reconstruction has not been significantly completed within 2 years. In this case, the applicant has applied for Site Plan approval to redevelop the site. The applicant has submitted plans for the development of a neighbourhood shopping centre, consisting of 6 commercial buildings. The applicant has also submitted a comprehensive design brief which outlines the proposed redevelopment of the subject sites and the immediate surrounding area with commercial and residential uses. The proposed redevelopment of the site would reflect the policies of the Mix Use Node land use designation in the Official Plan and the Neighbourhood Shopping Centre Zone (C-2) zoning of the site. Planning Staff advises that the standard redevelopment condition should not be applied considering the abovementioned factors. Seven criteria, as outlined in Council Policy I-1010, are used to evaluate the appropriateness of an application to demolish a residential property in circumstances where no building permit will be issued for a new building on the site. While the intent is to redevelop, staff have still evaluated the application using the criteria. 1. Property Subject to the Ontario Heritage Act The residential dwelling units located at 400 and 430 Old Huron Road are not listed on the Heritage Kitchener Inventory of Historic Buildings and are not designated under the Ontario Heritage Act. 2. Architectural and Historical Value The City's Heritage Planner advises that there are no heritage concerns with these two properties and has no objections to the demolition. 3. Condition of the Dwelling A City building inspector visited the subject properties on January 12, 2009 and commented that both properties are in good condition. The single detached dwelling unit located at 400 Old Huron Road is in good condition with the exception of attached garage, which is in poor condition. The detached single car garage appears in fair condition, and detached workshop appears in good condition. The dwelling unit at 430 Old Huron Road is in good condition. The building inspector did not complete a detailed repair cost estimate for the subject buildings, and the Building Division has no objections to this demolition control application. 4. Impact of Demolition on Abutting Properties, Streetscape, and Neighbourhood Stability It is Planning staff's opinion that the demolition of the subject buildings to allow for the redevelopment of the site with a neighbourhood shopping centre would be more compatible with the redeveloping community. The existing legal nonconforming residential dwellings are not consistent with the Neighbourhood Shopping Centre zoning or the Mix Use Node designation in the Municipal Plan. 5. Timeframe of Redevelopment The owner has previously rezoned the property to from Residential Six (R-6) to Neighbourhood Shopping Centre Zone (C-2), and has applied for site plan approval to redevelop the area with 6 commercial buildings. 6. Proposed Use In Terms of Zoning and Compatibility with Ad jacent Properties The properties are currently zoned Neighbourhood Shopping Centre Zone (C-2). Zoning Provision 355U, which prohibits Gas Station as a permitted use, has been placed on the property municipally addressed as 430 Old Huron Road. 7. Neighbourhood Consultation No circulation was made to the public as residential building(s) are proposed to be redeveloped in the near future. Department/Agency Comments Engineering Services has commented that any redundant driveways are to be closed at the owners' expense through the site plan approval process. Planning Staff commented that they have no concerns with the proposed demolition of 400 and 430 Old Huron Road. Building Staff commented that the residential buildings at 400 and 430 Old Huron Road are both in good condition. The Building Division has no objections to the demolition of the residential dwelling units. A demolition permit is required. FINANCIAL IMPLICATIONS: No new or additional capital budget requests are expected with this recommendation. COMMUNICATIONS: No neighbourhood circulation was made as part of this application as the owner intends to redevelop the property. All property owners within 60 metres of the subject property will receive notice of the Development and Technical Services meeting dealing with this demolition control application for information only. CONCLUSION: Planning staff have considered this application and are of the opinion that the proposed demolition is justified considering the incompatibility of the existing buildings with the newly developed surrounding neighbourhood and the applicant's intention to redevelop the site with a neighbourhood shopping centre. As such, Planning staff recommends That Demolition Control Application DC08/21/0/GS requesting permission to demolish one (1~ single detached dwelling located at 400 Old Huron Road, owned by Hallman Construction, legally described as TRACT BIEHNS PT LOT 11, and requesting permission to demolish one (1) single detached dwelling located at 430 Old Huron Road, owned by Hallman Construction, legally described as TRACT BIEHNS PT LOT 11, be approved without conditions. Garett Stevenson, BES Planning Technician Alain Pinard, MA, MCIP, RPP Interim Director of Planning Della Ross, MA, MCIP, RPP Manager of Development Review Attachments Appendix "A" - Photographs of existing buildings to be demolished at 400 Old Huron Road Appendix "B" - Photographs of existing building to be demolished at 430 Old Huron Road Appendix "C" -Plan showing existing buildings to be removed at 400 and 430 Old Huron Road Appendix "D" -Internal agency comments Appendix "A" ~ ~ ~ ~ t.. = N ~' ~ ~ R~ ~ , ', t ` ~ - , t~' * e t~~ ~ y'i^ "~' Pa.l'~ ;pie f:?, ` 5, p 7 ~. ~ ~ ~k ,,~~ a ~ '~ ~ i ~ r ,r Address:40D Old Huron Rd Date: December ~~, Z008 `` Taken by: ~arett Stevenson Project: DEMO File: DCOSJ~1 JOJDS ~ a ¢ . ~,. t ~_,k~. R ~- ~; ~. , ~~} °, ~~ ,.~ 'e ~~ r ~r~, ~ 4~e N .a µ~~r VS. i -:'~ Y ~" _ - _.y; _ ~. l " ~. qF '~ rr ~ ' ~ddress:4aD Old Huron Rd date: December ~~, ~~~8 taken by: ~arett Stevenson 'roject: DEMO File: D~081~1JOfGS Appendix "B" Address:~3~ 41d Huron Rd Date: December ~~, ~~08 Taken by: ~arett ~tevensan Prefect:DEMO File: D~DSJ21 J4JGS