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Home My WebLink AboutDTS-09-150 - Demolition Control App DC09/10/C/GS - 19&23 Charles St EKITCHF ~~TE.R bevefopment Terhnka! Services Report To: Development and Technical Services Committee Date of Meeting: October 26, 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: October 16, 2009 Report No.: DTS-09-150 Subject: DEMOLITION CONTROL APPLICATION DC09/10/C/GS 19-23 CHARLES STREET EAST TRUSTEES OF THE INTERNATIONAL GOSPEL CENTRE ~ ~~~~k ~~ { ~~ ~~ ~~ ~~ I\ $~~4 Buildings proposed to I81 be demolished ~~ ~~~ ~~ 47 of RECOMMENDATION: That Demolition Control Application DC09110/C/GS requesting permission to demolish one ~1) single detached building located at 19 Charles Street East, owned by the Trustees of the International Gospel Centre, legally described as Plan 364 PT Lot 39, be refused, and further That Demolition Control Application DC09I10/C/GS requesting permission to demolish one (1 ~ single detached building located at 23 Charles Street East, owned by the Trustees of the International Gospel Centre, legally described as Plan 364 PT Lot 39, be refused. ~~ ~~ In#ernational Gospel Cerr#re 35 ~~ 3-1 BACKGROUND: The subject buildings are municipally addressed as 19 Charles Street East and 23 Charles Street East. The subject properties are designated as High Density Commercial/Residential in the Official Plan and zoned Commercial Residential Three (CR-3) (136R) in the Zoning By-law. Regulation 136R prohibits any residential care facilities having more than 8 residents. The property is also subject to zone change application ZC05/06/C/CB which is a City initiated zone change for the Cedar Hill Planning Community. The zone change application has been appealed and is before the Ontario Municipal Board. A hearing took place in June 2009 and no decision has been released by the Board as of yet. The International Gospel Centre is currently using the buildings to provide social programs to citizens as well as for programming for their members. The applicant has indicated that they would like to demolish the two buildings in order to construct a surface parking lot for the exclusive use of the International Gospel Centre. The applicant has indicated that a surface parking lot would be an interim use and that future plans for the property by the Owner include expanding their existing facilities to accommodate a new gym, residential apartments, underground parking, new medical clinic, and meeting rooms for social programs. There is no proposed timeline for redevelopment and further land acquisitions are required for the proposed plans. ~ .e~ ~~~ ~_;, ~ h ~~- , ~ { ; ~~~ar~ 'I ~~~ s y _ ~ ~. ; ~~ sir ~~ ~ ~ ~~~4._ ,, Y i.... ` A~F ~ + ~ ~ r _~. ~rB `~ ~ ft~ ~' J F r ~ r'. ~T ~ .. ~ .. ,. ~' _ ~ ~a ~ 4~ cur ` ~T "! •, ~. ~ F fy !~~ , . + 4 a_ - t ~ .~yy ° u ''~. ~?'~ H f 1 ~ ~ "-0 P ~ W ~ ~ ' tl~ I:'~ 3~` 4w gg~ ~ 1 6 d k'r - ~g-- k~~~ry~ ~ -~j t ' ~I 1 G ~- - _ ~ ~ Fs r l s i p ~& Y n e r 4~ o. ,'rte tm b a . r _. .: L r i - ~•. ~ r c ' Bi , ~ ~ s i o. V I _ ~ ii ` e' ~ ~~ ~ 3 r ,- ~ P aft. '' E ~ i~w n~~ ~,p+ ~ ~ ~~ ~ e.~ b• { _ ~y+ ~M1 ~ .a r ~~ j0 it ~~ ~~~y~ 4 % ryl O I ; _ ~ v r..fi..•.. .. ~ ~ ~ it ~~ " s~ ~ ~ ff ~ I _ ' ~R I ~ ~ _i!."- y ~~5 . t Front View Single Detached Dwelling at 19 Charles Street East proposed to be demolished 3-2 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. 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. The Owner has indicated that the site will be redeveloped as a surface parking lot and there are no immediate plans to redevelop the site with residential dwelling units in the near future. In this case, no building permit will be issued for redevelopment. 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 The subject buildings 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 this property and has no objections to the demolition. 3-3 3. Condition of the Dwelling A Building Inspector visited the subject properties and commented that both buildings are in fair condition and both require a some work. The Building Division has no concerns with the proposed demolition. 4. Impact of Demolition on Abutting Properties, Streetscape, and Neighbourhood Stability The subject properties are surrounded with low rise single detached buildings that were originally constructed as residential dwelling units. The demolition of the building for use as surface parking lot is not appropriate for the neighbourhood because a surface parking is not a compatible use with the surrounding existing residential dwellings. The demolition of the buildings would break up the continuity of the existing streetscape on Charles Street East. The City is currently constructing a new parking facility at the corner of Benton Street and Charles Street East, which is approximately 85 metres from the location of the proposed surface parking lot, and approximately 150 metres from the International Gospel Centre. The City has allotted a percentage of parking in that facility for public use at a fee. The parking facility will be free of charge on Sundays. It is staff's opinion that there will be a limited need for a surface parking lot on the subject site as sufficient parking spaces will be available for persons attending the International Gospel Centre at the new facility. There is also a parking facility at Market Square which is a 460 metre walk from the International Gospel Centre. 3-4 5. Timeframe of Redevelopment The Applicant has indicated that they plan to redevelop the property with a surface parking lot in the immediate future as an interim use. 6. Proposed Use In Terms of Zoning and Compatibility with Ad jacent Properties The subject properties are designated as High Density Commercial/Residential in the Official Plan and zoned Commercial Residential Three (CR-3) (1368) in the Zoning By-law. The City's Official Plan has policies pertaining to Urban Design which state that "The City shall promote a high standard of site design to encourage business investment, create an attractive living and working environment, promote walkability and foster a sense of community pride and place. Particular attention will be given to strategic or prominent locations in the downtown, along major arterials, street intersections and entrances to the City." It is staff's opinion that because the subject property is a prominent location in the downtown, along a major arterial street, and along the proposed Rapid Transit route, any proposed alternations to the property should promote walkability and foster a strong sense of community pride. Surface parking lots are not an active land use and are not appropriate for this area because the subject properties are located along the proposed Rapid Transit Alignment. The buildings in their existing form contribute to the pedestrian experience along Charles Street East and should be maintained until comprehensive redevelopments plans are submitted. Although staff understand the long-term objectives of the Owner, it is staff's opinion that the demolition of the buildings should not occur until further arrangements are made by the Owner for the redevelopment of the site with an active use that will contribute to the community, create a positive experience for pedestrians, support transit, and discourage surface parking. If the demolition is approved, there would be a number of detrimental impacts on the character of the surrounding area. The policies of the Mixed Use Corridor (MUC) within the Official Plan are worth considering due to the close proximity of the King Street East MUC. These policies state that new development is expected to contribute to public realm quality through human scale development, articulated and attractive building facades and appropriate landscaping features that contribute to the public realm and corridor themes/identity." Surface parking lots are not a human scaled development and do not contribute to the neighbourhood. The Downtown Design Guidelines state that "All development, including new construction, renovations, adaptive reuse, fagade improvements, streetscape improvements and public space improvements, must demonstrate a direct contribution to each of the following primary objectives, where deemed applicable by the City: 1. To make downtown lively - by creating a great place for people with lively street activity (retailing, restaurants, outdoor patios and entertainment), awide range of residential housing options, and a safe, attractive public realm featuring places and spaces that provide for diverse and stimulating experiences, and 2. To make downtown livable -green the downtown by maximizing plant material (such as street tree plantings, flower beds, landscaped gardens, and rooftop gardens) along streetscapes, along pedestrian pathways and throughout public and private spaces." It is staff's opinion that while this property is not within the boundary of the Downtown Design District, it's proximity to the Downtown makes the intention of the policies applicable to this property. While not officially "Downtown" the location is perceived as such and therefore the policies are worth consideration. It is staff's opinion that demolishing the buildings for the construction of a surface parking lot is not in keeping with the intention of the Downtown Design Districts. 3-5 7. Neighbourhood Consultation All property owners within 60 metres of the subject property were notified of the subject proposal and invited to submit comments. Two written responses were received during the public circulation period. A response was received from an agent representing an adjacent landowner who is in opposition to the proposed demolition. The respondent indicated they appreciate the good work that Gospel Centre has preformed for the community over the past several years and understand the neighbourhood is in a state of transition. They are in opposition to the proposed demolition because they believe that if the demolition proceeds, their property will be surrounded with surface parking. They wish that the demolition be postponed until such time as they are forced to move from their home due to age and health concerns. A response was received on September 29, 2009 from an adjacent business stating that they have no objection to the proposed demolition if the site is redeveloped for use as a surface parking lot. However, the respondent does object to the use of the property for commercial/residential care facilities for social programs. A copy of all neighbourhood 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. Individuals responding in writing, either in favour of or in opposition to the proposed demolition, will be mailed a copy of the staff report. Heritage Comments Heritage Planning staff have no concerns with the proposed demolition. Engineering Comments Engineering has commented that all existing services must be capped prior to the Demolition Permit being issued. The capping will be done by the City and at the Owner's cost. Building Inspector Comments A City Building Inspector visited the two buildings. The buildings are approximately 80 years old and are two storeys in height with a basement. Each building is approximately 148 square metres (1,600 sq. feet) in size. Both properties are serviced with water, gas, and hydro, and sanitary - no storm connections were observed. Neither property is developed with a garage or an outbuilding. The buildings, originally constructed as single detached dwellings, have been converted into office spaces. The building at 19 Charles Street East has a forced air furnace and the building addressed as 23 Charles Street East has a hot water boiler system. Both buildings have NG hot water heaters. There is some mould observed against exterior basement walls and there is some evidence of minor fire damage in 23 Charles Street. The buildings have a combination of rubble stone and concrete foundations with true 2x8 floor construction. The exterior brick, soffit, and fascia of both buildings are in fair to good condition. The roofs are in fair condition, where there is some sagging noted at peak and the soffit is pulling away from the roof. Some brick re-pointing will be required. The overall condition of the buildings is fair but there is a fair amount of work to be done at the roofs and exteriors of the buildings. The Building Division has no objections to the demolition of this home. Please note that a demolition permit will be required; please contact 519-741-2433 for more information. FINANCIAL IMPLICATIONS: No new or additional capital budget requests are expected with this recommendation. 3-6 COMMUNICATIONS: Preliminary circulation of the demolition control application was undertaken on September 16, 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. Two written comments were received from neighbouring landowners 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 all respondents of the neighbourhood circulation will be circulated a copy of the staff report. CONCLUSION: Planning staff is of the opinion that the demolition of the subject buildings is not appropriate at this time. As such, Planning staff recommend that Demolition Control Application DC09/10/C/GS requesting permission to demolish one (1) single detached building located at 19 Charles Street East, owned by the Trustees of the International Gospel Centre, legally described as Plan 364 PT Lot 39, be denied, and that Demolition Control Application DC09/10/C/GS requesting permission to demolish one (1) single detached building located at 23 Charles Street East, owned by the Trustees of the International Gospel Centre, legally described as Plan 364 PT Lot 39, be refused. REVIEWED BY: Della Ross, Manager of Development Review ACKNOWLEDGED BY: Jeff Willmer, Interim General Manager Development and Technical Services Department Att~rhmPnt~~ • Appendix "A" -Demolition Plan • Appendix "B" -Internal agency comments • Appendix "C" -Neighbourhood circulations comments 3-7 DTS Report No. DTS m ~~ - ~ '.- ~ - ~ _ ~ ~ appendix " ~; ~~ a ~ h ~ - - _ h ~ 4 c ~ ~O ~ tl ~ y a h C I ~ b ` x~w ~ ~ 0 .. h_ b~ 2 a ~~ N ~ ~~ ~ ~ ~ t ~ ~ „. ° ~L ° g ~ V 0 ~ k~q _~~ E~k 77~ O ~ l e ~ ~ b ( try ~ D ~ h ° nr a °. ' ~ ~ ~ I ~ , ~ -n titi ~ m 3 a~ ~ I ~ b m g °~ f ..1k ~ .a2 h ~ ~ .U~ r W ti ~ ~ ` ~ " "`' ~ Leo ;~~ b~'s" ~ ~ yrjw Q .J ~ ~ ~ ~ ~ 4 a~ d ~ ~ H ~ as ~ ~ ~h-W~v ~~OQ Ss V7y ~ of $s. ~ . ~ ` ~ ~~, ti~ lL F ,, u o A`~~~h~U .. ~~~ ~ ~ Q~ ~4ti _ ~~~ '~ 41 .:v ~ a po0 e 6 C a ~ k '. ~ C] `0 ~. - _-., ~1 nqW .~ ~`n~~~ ~~~ F W~.,I,I III ~ ~~ a~ ~ ~ ~ N ~~ ;~ R~ O ~._.... ...~._..... ~ ~ i ry 4 . .. ..... .. ~~ u ~ ~ ~~ ~ h W pl ~ ~ ., tikid h # ,~ 13 1 0 ..... mm .. .... 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MI'Sb! •urw 3 pl,OlaSF N ~ - bk' p 14iwii10~Gglf9rl k,GCes9 : ~~ 7 .k ~rr ul I A ~ ~ ~..~ R ... ~ i ~ a ~.L~~Y ; ~~ ~ o ...} ~ n~ ~ ~° by ~ P ~ !t ~ '~ r _ ~ n ~ .. p A_ Z S 4 k W n' a~ n~a '.J i$ a $` .: :...i. ti a i n ~ i M I. 3~a M r a ~ Ra` Q• ry R n . ~ N ~ 8~ .. .. ~. . e ~ 4 ~ pASYd y,ti ~R _~--_ % 1 :~ ~ 1 ~"r !r~' ve se r ddNi• i,ll r6 ~o E N ~ i ~ c; . _. Q .. ~ w ~` ~ ~ uw ~•_ 1 •L6 rt9U i s9,ie~91 ~,22,6 l`~""~ ""` arl .arts , e ~ c . L.lry t N. h r v I ~ : h ~ Z Y . .. ~ . ~ ~ o 4 L M ., lI/ f0 J , N9iY -r ~ W 4 q t , ~ .. L, i962F9 •° c 15.Vs ~ k ~~ n n A G ' ~ 1 r... .. ~' ~ ~. , ~ ~ _ .. o } ~ • n SSS w. -... ~ O .... ,~ 7l ILf) .1Sy ~~ rr ... ~ ~ 1 ~ - ti _.. _ ~.. i >< ~~ } ~ 6 N a~ R• ~ ~$~U - ~- ~°~~' LL .p k ~~ ~ 3-8 DTs ~~po~ No. ~~rs - G~j- ~; Appendix " ~~ City ofi Kitchener -~ ~ -~ ~ King St. vlfest, 5 fiioar P.O. Box 1118 .~ ~~~~'F~~~~~~~'~'~~ Kitchener QN N2G 4G7 ~~~~~~~r~~~~:~~ ~~~~s~~~~~ Date: October ~~, 2009 To: Andrew Pinnell, Garret Stevenson From: Trevor Oakley Cc: Subject; 19 and 23 CHARLES ST E -Demolition Control Application The following is a brief summary ofthe general conditions of the buildings. Property Features. • ~ p 2 storey houses, approximately 1,5QQ SF each. • Properties are serviced with water, gas, and hydro, and sanitary. No storm connections observed. • No garages or outbuildings. House Descriptions: • Single family dwellings converted to office space. • Combination of rubblestone and concrete foundations with true 2x8 floor construction Exterior. Conditions: • Exterior brick, soffit, and fascia in fair to good condition • Roof is in fair condition, some sagging noted at peak, soffit pulling away from roof, • Same brick re-pointing required. Parging falling off foundation wail. Interior Conditions: • ~ 9 Charles Street has a forced air furnace, 23 Charles St has a hot water boiler system • Both have NG hot water heaters. • Some mold observed against exterior basement walls. • Some evidence of minor fire damage in 23 Charles St. Overall Observations: • The houses appear to be about 80 years old and are generally in fair condition. • There is a fair amount ofwork to be done at the roofs and exteriors of the buildings. Overall condition: Fair e Building Division has no ob~ections to the demolition of this home,_ _Pieas_e _no,te__that_a _demolition .p~rr~i~.~~l~~ ___m________- _-_.__ _ __ __-__ ------required, please contact 519-141-243 far more information. Respectfully, Trevor Oakley, CFT, CBCO, llllunicipal Building t3fficial ll 3-9 {llivision Name) DTS Report No. DTS ~ ~'~ - ~ Appendix "~~ " Gareth S~eve~son From. Michelle Wade Sent: Friday, September 25, 2009 9:Q2 AM To: Gantt Stevenson Subject: R~: Internal Circulation of DC0911oICIGS 19-23 Charles Street South Demo Gantt, The property municipally addressed 1923 Charles Street is not designated under the Qntario Heritage Act nar is it listed on the Heritage Kitchener [nventory of Historic Buildings. As a result, Heritage Planning staff have no concerns With the proposed demolition. is e e Michelle Wade, BFS Heritage Planner Development and Technical Services Department Planning Division P. 519, 741.2839 F, 519.141.2624 TTY. 1-866969-9994 m_rGhe[~e wade~.kit~hener. ca 10/16/2009 3 - 10 (Division Name) Gantt Stevenson DTS Report Na DTS - (, - ~~~~ Appendix ",~~ " Frcm: Dan Kerr Sent: ~111ednesday, September 16, X409 6;16 PM To: Gantt Stevenson Cc: Sims Korah Subject: FUV; Internal Circulation of DCO91~ oICIGS 19-23 Charles Street South Demo Attachments: 19 2~ Charles St E Demo l~lan.pdf; location Map 19w~3 Charier St E Demo.JPG; Air photo 19-23 Charles Demo.JPG; Rear View 19 Charles Street E.pg; Rear View 23 Charles Street E.jpg; Front View 19 Charles Street E.jpg; Front View 23 Charles Street E.jpg Hi Gantt, The demolitions concerning the property at ~ 9 & 23 Charier Street South must fulfill the following condition :all existing services mint be capped prior to the Demolition Permit being issued. The capping will be done by the City and paid for by the owner. Dan Ioi16i2oo9 3 - 11 (llivision Name) DTs Report No. DTs - C~~- 1~~~ Appendix " '~ Gantt Ste~renSOn From: Brian Page Sent. Wednesday, September 1 G, 2009 ~ :26 PIS To: Gantt Stevenson Subject. RE: I eternal Circulation of DC09f 1 o1CIGS ~ 9-23 Charles Street South Demo The parking lot would require Site Plan Approval ~~r~ Page, ' ~ ` ~, e~~r ~ Side Play eee ~ r~~~ Ioi16i2oo9 3 - 12 Dowling Lafleur Henderson LLP ~ Barristers ~ Solicitors. ~ DTS Report ND. aT~ - ~~ ~ ~~~ September ~~, 2oa~ Gantt Stevenson, B:ES Planning Technician DTS - Planning Division Kitchener City Hall, 6th Floor ~~Q .K~ng St. W., P.~~ .BOX ~ ~ ~ Kitchener, aN N2G ~G7 Dear Sir. '~ ... .. .~ -... . ..f ~'{ -~ ~EE 7 ¢y ~. l~ r~~~~~s i; tY~'~{ .1 ',t.' .;`':.` { f iii . L.l ;,ii'.-it '~ ~~7"i-; ., i' 1,_ . u:.:.:,.x..,...~„-:..~.,.~:..,.~.. ~~,~ -. ~,~ ~.r.,~ fie: Demolition Control Application ~ DCO911Q1C1~S ~S a~~d 23 Charles St, ~. Samuel dead, ~ den Smith dead Plannin Consultants Appendix "" IiI~i;IlCf1C1, Vi{LC~4Ev Canada N2H 5M2 Telephone X519} 57~-5g~0 Facsimike X519} 576-~0~a www.gawlings.cam o~rd~~A. Ma~lt~y, a.c, direct X519} 515-1508 Direct l=ax ~5~ 9} 51~-5008 gordan.mackay a~gawlings.cam file Na. K0506950 Your letter of the 15'~ of September in connection with the above-noted matter has been referred to us ~y the owners of the property at Kitchener, The have resided in their property for 42 years and over the years have taken considerable pride in the appearance of their property, both from an exterior point of view as well as the interior being refurbished over the years. • CJur clients appreciate the good work that the Gospel Centre has performed in the community far some years and fully appreciate that the character of the neighbourhood is undergoing substantial change. Qn the other hand, our clients are opposed to the demolition taking place as they are of the opinion that if it proceeds, their property will be left as a lonely island. There is na doubt that in the future our clients may be forced to move through old age and for health conditions, however, it is our respectful submission that the demolition be postponed for such time as our clients continue to occupy their property and we would be very appreciative if you would consider this view as you consider the demolition application. Yours very truly, G~'~VLtNG LAFLE~R ~ENDERSON LLP ~~f~ lf' :~, I /~' Gordon A. Mackay, Q.C. GAM:kes KOS0~~~91WAT LAW14at4~4l1 Montreak ( Dftawa Taranto Hamilton f Waterloo Region ~ Calgary ~ Vancouver ~ Landon ~ Moscow 3-13 DTS Report No. DTS - ~~`~-~~ ` Appendix "~ ~~ .. A*~Y*'~i{r~r~~s~~wr~9k~*~Y~ri~r~Ir~Ywtit~4~~'9r~rs#w~r+k~ir~hk~r~~eW~~rw#*a-~erNww Der~p~~~ion Coa~tr~l ~~~~icati~~ ~ ~ ~ ~~~ ~~~ ~ ~ ~u~ ,~C~~l~f ~l~I~~ f ~~ M~1M ~~ ~~~~~etl ~~~'~I~ ~~1F ~7i ~~rr`~~1~!! I~R.igi ~'~61F IF.'~~~1~~ n~ ~~.Z ~..s ~ ~ JCi'II,~~,~ ~~~ t, ~'~~~~~~~Id~ ~~`~~~;~~ 1f you have any comments ~r~ the ap~f#cation and with #o use th#s sheet to wr~e there down, please da so and send it to the ~t~en~ion of the ur~der~ign~d'. Separate .fie#ters a~ a~~o we#come. please re~iy by September 2~, 2~0~. - * ~~ ,~ ~ ~~ ~ Gc1~~ c~ ~ ~ ~. ~ ~- j f'7 ..- •~ ,,, ~~ ~ o ~ ~,c. ~~, Name ,,_ (please print) Signature ...~..~ Addres ~ a~e~s~ prin# ~tter~t~on. ~are~t Steverson, plannir,~ Te~hr~iclan Mailing: P.~. Box ~ ~ ~ ~, K~t~hener, ~N N~~ 4~~ Facs~mr#~: ~~ g.7'~~ .2~~~ l~maile garett. slievensor~ a~kitchener. ca 3-14