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Home My WebLink AboutDTS-09-117 - DC 09/05/K/GS - 750-760 King St WKIT~IV R ' • ' Development & Technical5ervices Report To: Development and Technical Services Committee Date of Meeting: September 14, 2009 Submitted By: Alain Pinard, Interim Director of Planning (519-741-2319) Prepared By: Garett Stevenson, Planning Technician (519-741-3400 x 3158) Ward(s) Involved: West -Victoria Park (Ward 6) Date of Report: August 18, 2009 Report No.: DTS-09-117 Subject: DEMOLITION CONTROL APPLICATION DC09/05/K/GS 750-760 KING STREET WEST (33 LINWOOD AVENUE) 118042 ONTARIO LIMITED a72 v ~0 ~15a 54 800 ~f~ Ury~ S3- }` 59~ 5 55 /~ 53' J~IJ 51 47: /~ 45 JV} r 750-7~0f33 Building to be demolished ,J Central Fresh Market k7,y~ ~ z r ~, L 730 RECOMMENDATION: That Demolition Control Application DC09/05/K/GS requesting permission to demolish one (1) single detached dwelling located at 750-760 King Street West (33 Linwood Avenue), owned by 118042 Ontario Limited, legally described as PLAN 413 LTS 16,17 PT LTS 18 19, 21 TRACT GERMAN CO SUBD OF LT 15 PT LTS 13,14 & 29 PT LINWOOD AVE, be approved without conditions. 10-1 BACKGROUND: The subject building is located on the north side of King Street West, immediately adjacent to Central Fresh Market. The subject property is comprised of several consolidated properties including 750 King Street, 760 King Street West, and 33 Linwood Avenue. The site is developed with a one (1) single detached dwelling (that is proposed to be demolished) and a commercial retail food store (Central Fresh Market). The site is within the King Street West Mixed Use Corridor and designated as Mixed Use Corridorin the City's KW Hospital Secondary Plan. The property is currently subject to a city-initiated zone change application (ZC09/02/COK/HH) to apply mixed use corridor zoning to the lands within the King Street West Mixed Use Corridor (as designated in the City's KW Hospital Secondary Plan). At this point, the zoning district is proposed to change from Commercial Residential Two (CR-2) to Medium Intensity Mixed Use Corridor Zone (MU-2). The demolition of the building has been requested by the Owner because the building is currently vacant and is often subject to trespassing, vandalism, and theft. The building was originally constructed as a single detached dwelling and has been converted into a five unit multiple dwelling. The Owners have stated that if the demolition is approved, they will landscape the site to improve the neighbourhood. 1fi Andrew street ~'~ 7B0 King street 1Nest h ,~'' ~ p~'~ Retaining 1Nall Parking Lot w~ ~, ,,~~ ~, ttr i -~ r ~ Central Fresh Market ~` ~' _ ~ ~~ ` ~'+ ~.. i6 p . -~ ~ ~ ' 4 ; ``'~~ 7~0 King t.1N ~'`-~ ,~ ~5ubject Proper-ky~ x ~~ t ~., ~' -- L 742 King Btreet 1Nest ~~ ~~~ ~~ -- '~ ~ .hared Driveway ~A . <. ~ ~„~ s King street 1Nest ~- ~.. w The existing grocery store at 760 King Street West (Central Fresh Market) is located adjacent to the western boundary of the subject property (750 King Street West). The sites have since merged title and are considered to be one consolidated site. The property is bounded to the 10-2 east by a common driveway which is shared with 742 King Street West. The southern property line fronts King Street West. The Owner intends on maintaining the existing shared driveway on the east side of the property. If demolition control is granted, all of the paved area in the rear yard will be removed and the entire site (other than the shared driveway) will be landscaped. The total new landscaped area (including the areas which are currently the existing front yard, the current building footprint, and the existing rear parking lot) will be approximately 600 m2. 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 trespassers currently vandalise the building and that they have no plans to use the building in the future. Although the building has been converted into a five unit multiple dwelling, it is currently vacant. The Owner does not wish to update or repair the building so that it may become fit for habitation again. 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 recommend 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. The Owner does not have any redevelopment plans at this time. 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. 1. Property Subject to the Ontario Heritage Act This residential dwelling unit located at 750 King Street West is not listed on the Heritage Kitchener Inventory of Historic Buildings and is 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 this property and has no objections to the demolition. 3. Condition of the Dwelling A Building Inspector visited the subject properties and commented that the building is in fair to poor condition. The Building Division has no objections to the demolition of the building. 4. Impact of Demolition on Abutting Properties, Streetscape, and Neighbourhood Stability If the building is demolished, the Owner must landscape the site to City's standards, which will have a positive impact on the surrounding neighbourhood. The existing building does not contribute to the vitality of the community as it is currently vacant and is subject to acts of vandalism and trespassing. The orientation and setback of the existing building limits the impact it has on King Street West. If the building is demolished, the site may be consolidated with the adjacent parcel at 742 King Street West, and future redevelopment of the site with a mixed use development could occur. 5. Timeframe of Redevelopment The Applicant has stated that the Owner will be landscaping the site once the demolition is completed. There are no immediate plans for consolidation or redevelopment at this time. Staff note that any plans to redevelop this site, including a surface parking lot, will be subject to Site Plan Approval. Staff will not support a surface parking lot at this location as the intent 10-3 of the Mixed Use Corridor designation is to encourage transit-supportive mixed use intensification in the long term. 6. Proposed Use In Terms of Zoning and Compatibility with Adjacent Properties The subject property is designated as a Mixed Use Corridor in the KW Hospital Secondary Plan. At this point, the zoning district is proposed to change from Commercial Residential Two (CR-2) to Medium Intensity Mixed Use Corridor Zone (MU-2). There are no proposed uses for this site at this time. 7. Neighbourhood Consultation All property owners within 60 metres of the subject property were notified of the subject proposal and invited to submit comments. One written response was received as a result of the public circulation. The Waterloo Region District School Board (respondent) stated that they had no comments with respect to the application. A copy of their correspondence is provided in Appendix C. All property owners within 60 metres of the subject property will receive notice of the Development and Technical Services meeting dealing with this application for information only. Urban Design Comments Recognizing that this property is already underutilized and the building is currently vacant, Urban Design staff have no objection to the demolition as proposed, though would like to note that the intent of the Mixed Use Corridor Official Plan designation and the proposed rezoning is to encourage transit-supportive mixed use intensification in the long term. 10-4 In October of 2007 the Committee of Adjustment approved application A2007-075 for this property which legalized a number of minor variances, including a reduced landscaped area of 6% (rather than the 10% required). As part of the City-initiated zone change staff are recommending that a special regulation be applied to this parcel to recognize these legalized minor variances, where appropriate. Should demolition application DC09/05/K/GS be approved, the total amount of landscaped area on the site will amount to more than 10% of the total site area, and therefore satisfy the minimum landscaped area requirement of the proposed Medium Intensity Mixed Use Corridor zoning (MU-2). Simply stated, this demolition permit would change the condition of the site and therefore render the minor variance unnecessary. As such, if demo application DC09/05/K/GS is approved, staff will not be including this aspect of the Committee of Adjustment decision as part of the special regulation to be applied to this property. If this demolition application is not approved, staff will recommend that the reduced minimum landscaped area be included in the proposed special regulation. Heritage Comments Heritage Planning staff have no concerns with the proposed demolition of the building at 760 King Street West as the building is not listed on the Heritage Kitchener Inventory of Historic Buildings, nor it is listed on the City's Municipal Heritage Register. Engineering Comments The Engineering Division commented that the owner is required to make satisfactory financial arrangements with the Engineering Division for the removal and/or capping of existing service connections to the subject building. At the time of future development, any redundant driveways are to be closed with new curb and gutter and boulevard landscaping, all to City of Kitchener standards, at the owner's expense and all completed prior to the occupancy of the building. At the time of any future development of the property, any new driveways are to be built to City of Kitchener standards at grade with the existing /proposed /future sidewalk, at the owner's expense, and all completed prior to the occupancy of the building. Further, the proponent is advised that future severance of any blocks within the subject lands would require separate, individual service connections for sanitary and water, in accordance with City policies. Building Inspector Comments A City Building Inspector examined the interior and exterior of the existing single detached dwelling. The property features a two storey brick dwelling which is approximately 80 years old and has since been converted into five rental dwelling units. The property is serviced with water, sanitary, and hydro. The inspector did not find a gas meter or connection for storm water. There may be an abandoned septic at the rear of the property. The building was constructed with a concrete foundation, full brick exterior, wood frame floors and roof. The exterior brick, soffit, and fascia are in fair condition, although the inspector did note that moderate cracks in brick were observed. The roof appears to be in fair condition, and all three brick chimneys are severely deteriorating. The hot water boiler system is currently disconnected and there is a boiler and oil tank in the basement. The flooring is damaged and the interior finishes have deteriorated through neglect. The foundation appears solid to be solid and there is no evidence of major leaks or water penetration. Overall, the dwelling appears to be in fair to poor condition. The Building Division has no objections to the demolition of this building. The Applicant and Owner are advised to contact a Municipal Building Official at 519-741-2433 for more information. FINANCIAL IMPLICATIONS: No new or additional capital budget requests are expected with this recommendation. 10-5 COMMUNICATIONS: Preliminary circulation of the demolition control application was undertaken on July 28, 2009 to internal agencies and all property owners within 60 metres of the subject property. All comments that were received from internal agencies are attached as Appendix B. One written comment was received from the Waterloo Region District School Board as a result of the neighbourhood circulation and is discussed in the Neighbourhood Consultation section of this report and provided as Appendix C. An information letter will be circulated to all property owners within 60 metres of the subject property in advance of the Development and Technical Services Committee Meeting dealing with the subject application. In addition, the one respondent of the neighbourhood circulation will be circulated a copy of the staff report. CONCLUSION: Planning staff is satisfied that the proposed demolition is justified. As such, staff recommends that Demolition Control Application DC09/05/K/GS requesting permission to demolish one (1) single detached dwelling located at 750 King Street West, owned by 118042 Ontario Limited, legally described as PLAN 413 LTS 16,17 PT LTS 18 19, 21 TRACT GERMAN CO SUBD OF LT 15 PT LTS 13,14 & 29 PT LINWOOD AVE, be approved without conditions. REVIEWED BY: Katie Anderl, Senior Planner ACKNOWLEDGED BY: Jeff Willmer, Interim General Manager Develo ment and Technical Services De artment Attachments: • Appendix A -Demolition Plan • Appendix B -Internal Agency Comments • Appendix C -Neighbourhood Circulation Comments 10-6 Q Z - ^0^ ~i..[. x I~.J^s n~' VJ ^W^ S.f~ ® Q W w o~ ~-- ~ ~ =1 O z~ ~ Y z D o w Odd' Z~F- Q V UOU~CJ -~ J h ~ W p, (n .~ - j oo w a E ~ o ~ S z~ < a w z e~ Q mS2'~~ u ~ W U ~O ° > o ~ J ,,, U-Q ~ ~ O a O ~ O w ~ W W =~ YLL w O O Z ~ O U w ~ ~ w> ~ > z ~.._. W W= W U ~ ~ ~ W J- Y F- ~ U ~ - W /(1 \J ~~ Q s ~> °'s 3? - 'o ~O u a ~ ~~ ~!' -o m'o ~~ °c'~o n~ Z y o _--_' I I ~ __ O I ~ _ ____ _ _ t I ~ ,-_____ ~ ' ~ j l ~ i ~ ~ ~ ~ ~~ i lV O }, ~ ' v j ; ~ I ~ ! I ~" - ! ! ~ ~ ~ [ ~ `v VJ !i l ~ i i I ~ O u r O ~.lJ __ _-___ .___ .- ' 1 y 1 ~ -F1 V ` i •~ ~ ~ ~ ' M ' `v '~ n 8 n W _._-__ __ __.._ _ ~ E ~ ~ ' Z ,CSi 3~ iz~i ~ i ` ~ i a - -- ~- - - w 1 I ~ I I W ', ~ ~ ~ W ~; W 3if 1'N ~ u~ /~ l ~~ _ ~ ! ~ ~-~: w ~~; -___ ~_ i -~ ~~ ~ __ ~ ~ ___ i I i ~ I __ ry I n a>.~ ~~ ~ i ~ / ii/ / i / / ~ / ~ /% / / l 15`x, 55~ 50 AY A8 59 C)S% ~ ~l ~ n K ~ ~ / ~ / ~~J (.y ~. ,~,/ ~~) ~ ~ ~°- ~ / ( T E ry / / i t / / I •c> DTS Report No. DTS - ( - ~~~ Appendix " " City of Kitchener 200 King St. West, 5`h floor P.O. Box 1118 Kitchener, ON N2G 4G7 Date: .June 12, 2009 To: Andrew Pinnell, Garret Stevenson From: Trevor Oakley Cc: Subject: 760 KING ST W -Demolition-Control Application The following is a brief summary of the general conditions of the building. Property Features: • Two storey brick house /apartment, approximately 2,000 SF with unfinished basement approximately 80 years old. • There are no other buildings on the site • Property is serviced with water, sanitary and hydro. No-gas meter or storm connection observed • Given the plumbing set up in the house, there may be an abandoned septic at the rear of the property. House Description: • Single family dwelling converted to 5 apartment units. • Concrete foundation with full brick exterior walls, wood frame floors and roof. Exterior Conditions: • Exterior brick, soffit, and fascia in fair condition, moderate cracks in brick and peeling paint observed • Roof appears to be in fair condition, newer shingles in place • All 3 brick chimneys are severly deteriorating, bricks are spalling and falling away. Interior Conditions: • Hot water boiler system is currently disconnected. Boiler and oil tank are still in basement • Single family house has been divided into approximately 5 dwelling units, none have been used recently • Flooring is damaged and finishes have deteriorated through neglect, some evidence of transient damage • Foundation appears solid, no evidence of major leaks or water penetration • Structure is in fair condition considering the age. Much work is required for finishes and services. Overall Observations: • The house appears to be about 80 years old and is generally fair to poor condition. • There is no evidence of a well, however, there may be an abandoned septic bed in the rear parking area. Care will have to be taken during demolition. Overall condition: Fair It is understood that the structure is currently unoccupied and that the owner is requesting demolition to make way for more parking for the grocery store adjacent. The Building Division has no objections to the demolition of this building. Please note that a demolition permit will be required, please contact 519-741-2433 for more information. Respectfully, Trevor Oakley, CET, CBCO Municipal Building Official 11 10-8 (Division Name) DTS Report No. DTS -~- ~~ ~ Appendix " " Garett Stevenson From: Michelle Wade Sent: Tuesday, June 09, 2009 3:09 PM To: Garett Stevenson Subject: RE: Internal Circulation 760 King.doc Hi Garett, Heritage Planning staff have no concerns with the proposed demolition of the house at 760 King Street West as the house is not listed on the Heritage Kitchener Inventory of Historic Buildings, nor it is listed on the City's Municipal Heritage Register. However, I wouldn't mind obtaining permission to access the property to take a few additional photographs. It is an interesting building and it would be nice to have the photos for our historic records. Do you have either a contact name and e-mail or phone number? Thanks. Michelle Michelle Wade, BES Heritage Planner Development and Technical Services Department Planning Division P. 519.741.2839 F. 519.741.2624 TTY. 1-866-969-9994 mche_I_I_e_,wade@_ktcheher.ca ~i2~i2oo9 10 - 9 DTS Report No. DTS -~i - ~~ Garett Stevenson From: Heather Holbrook Sent: Monday, July 06, 2009 12:05 PM To: Garett Stevenson Subject: RE: 750-760 King Street W Appendix "~ " Hi Garett, For your information, one aspect of the special regulation provision being proposed for 750-760 King St W as part of the City-initiated zone change ZC09/02/COK/HH is contingent upon the outcome of demo application DC09/05/K/GS. To give you some background, in October of 2007 the Committee of Adjustment approved application A 2007-075 for this property which legalized a number of minor variances, including a reduced landscaped area of 6% (rather than the 10% required). As part of the City-initiated zone change staff are recommending that a special regulation be applied to this parcel to recognize these legalized minor variances, where appropriate. Should demo application DC09/05/K/GS be approved the total amount of landscaped area on the site will amount to more than 10% of the total site area, and therefore satisfy the minimum landscaped area requirement of the proposed Medium Intensity Mixed Use Corridor zoning (MU-2). Simply stated, this demolition permit would change the condition of the site and therefore render the minor variance unnecessary. As such, if demo application DC09/05/K/GS is approved staff will not be including this aspect of the C of A decision as part of the special regulation to be applied to this property. If this demo application is not approved, staff will recommend that the reduced minimum landscaped area be included in the proposed special regulation. Please advise as to the timing and outcome of the application so I may incorporate in zone change ZC09/02lCOK/HH accordingly. Thank-you, Heather Holbrook, BES Planner, Urban Design Gity of Kitchener P: 519.741.2324 F: 519.741.2624 http:llwww. kitchenerca/plannng.html ~i2~i2oo9 10 - 10 DTS Report No. DTS - ~ - 11 ~ Appendix " ~" Hi Garett, below are Engineering's comments: 1) The owner is required to .make satisfactory financial arrangements with the Engineering Division for the removal and/or capping of existing service connections to the subject building. 2) Note, for future development, any redundant driveways are to be closed with new curb and gutter and boulevard landscaping, all to City of Kitchener standards, at the owner's expense and all completed prior to the occupancy of the building. 3) Note, far future development of the property, any r~~:w driveways are to be built to City of Kitchener standards at grade with the existing /proposed /future sidewalk, at the owner's expense, and all completed prior to the occupancy of the building. 4) The proponent is advised that future severance of any blocks within the subject lands would require separate, individual service connections for sanitary and water, in accordance with City policies. Regards, Trevor Jacobs, C.E. T. Engineering Technologist Development Engineering City of Kitchener P.519-741-3400 ext. 3161 F.519-271-2747 TTY 1-866-969-9994 10 - 11 08/=10/1009 SON 14:40 N'AX 151957U117Z ~'rdsp-planr~ing- i • + Waterloo Region - Dietrlct School Board Date: August X.O, z009 Fah No: 519-741-2624 To: Garett Stevenson, Planoiag Technici<aa Company/Agency: The City of Kitchener No. of Pages: 2 (including cover) DTS Report No. DTS - ~~`~ - ~~~ Appendix " ~" Fi J.. ~~L'V`f'+~t~j~ l Ca iL~r ~~rt JC S~~~~ti~v t~s.f 7, Fromi ChriB Smith, Manager of Planning Res Demolition Control Application - DC09/OS/K/GS 750 ~Ing Street West 118042 Ontario Limited We have no comments. Thank you. Chris Smith Waterloo Region District Schoot Board - Ptannln~ Department Education Centre, Building 4 - 2, 51 Ardelt Avenue Kitchener, Ontario N2C 2R5 Phone: s19-570-0003 ext. 4419. Fax: 519•S70-2172 10 - 12