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9. DEMOLITION CONTROL - 588 AND 592
RIDEAU STREET AND 165 CHARLOTTE STREET RÉGLEMENTATION DE DÉMOLITION – 588 ET 592, RUE
RIDEAU ET 165, RUE CHARLOTTE |
Committee
recommendation
That Council
approve demolition of 588 and 592
Rideau Street and 165 Charlotte Street subject to the conditions contained in
Document 4.
Recommandation DU Comité
Que le Conseil approuve la
démolition des 588 et 592, rue Rideau et du 165, rue Charlotte sous réserve des
conditions exposées dans le document 4.
Documentation
1. Deputy
City Manager's report, Planning and
Infrastructure, dated 12 April 2012 (ACS2012-PAI-PGM-0067).
Report to / Rapport
au :
Comité de
l'urbanisme
and Council / et
au Conseil
12 April 2012 / le 12 avril 2012
Submitted by/Soumis par : Nancy
Schepers, Deputy City Manager/Directrice municipale adjointe, Planning
and Infrastructure / Urbanisme et Infrastructure
Contact
Person/Personne-ressource : John Smit, Manager/Gestionnaire, Development
Review-Urban Services, Examen des projets d'aménagement-Services urbains,
Planning and Growth Management/Urbanisme et Gestion de la croissance
(613)
580-2424, 13866 John.Smit@ottawa.ca
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SUBJECT: |
Demolition control - 588 and 592 Rideau Street
and 165 Charlotte Street |
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OBJET : |
réglementation de démolition – 588 et 592, rue rideau et 165, rue
charlotte |
REPORT RECOMMENDATION
That
the Planning Committee recommend Council approve demolition of 588 and 592
Rideau Street and 165 Charlotte Street subject to the conditions contained in
Document 4.
RECOMMANDATION DU RAPPORT
Que le Comité de l’urbanisme recommande au Conseil d’approuver la
démolition des 588 et 592, rue Rideau et du 165, rue Charlotte sous réserve des
conditions exposées dans le document 4.
BACKGROUND
The properties
subject to this Demolition Control application, 588 and 592 Rideau Street and
165 Charlotte Street, are located at the southeast corner of the
intersection Rideau Street and Charlotte Street on the northerly edge of the
Sandy Hill community. There were four residential units within these three
buildings. The Owner's overall property
at this location is occupied by a group of four buildings all being of one to three
storeys including the addresses listed above, plus five other addresses.
The buildings are all
now vacant and had contained a mixture of residential and commercial
spaces. Adjacent to the east is a
one-story commercial strip mall. Across
Charlotte Street to the west is a medium profile commercial retail/office
building. Across Rideau Street to the
north are medium and high-profile residential buildings. To the south across a laneway are low profile
residential structures facing Besserer Street.
The purpose of the application is to
obtain approval to demolish the three buildings containing the four residential
units and to facilitate the conversion of the owner's overall property to a
temporary City park. The conditions under which this demolition is being recommended
are contained in Document 4 attached to this report.
The building at 588 Rideau Street is
two storeys, contains one residential unit and the applicant indicates that it
has been vacant for four years. The
building at 592 Rideau Street has two and three-storey segments, contains two
residential units, and the applicant indicates that they have been vacant for
over four years. The applicant has
indicated that the two-storey building at 165 Charolette Street, which
contained one residential unit, has also been vacant for over four years. The applicant has stated that the demolition
of the three buildings has been requested because the buildings "have
proven to be a safety hazard and an eyesore to the neighbourhood".
DISCUSSION
Demolition Control Mandate
The Planning Act and the Demolition Control
By-law enable Council to impose conditions on residential demolition approvals.
As well, in this case the buildings containing the residential units are within
an area designated as a Traditional Mainstreet within the Official Plan. The
Official Plan policy 3.6.3.10 pertaining to Mainstreets indicates that: “Where a building is being
demolished on a Mainstreet, and no immediate replacement use is proposed,
approval of the demolition will be subject to the approval of a Site Plan
Application that addresses landscaping and associated site improvements that
will contribute to the attractiveness of the Mainstreet environment on an
interim basis.”
The subject buildings are all in a state of advanced disrepair, and some
structural degradation is evident. The
environment created by the vacant buildings and isolated rear yards has become
conducive to vandalism and delinquent activities. The Ottawa Police have enquired with staff as
to potential for demolition and indicated the demolition of the buildings could
improve the detrimental environment.
Temporary Park
In co-operation with the applicant, measures required to establish a
temporary City park on the subject lands have been developed and are reflected
in the recommended conditions of approval.
A related staff initiated site plan will also be processed with plans
and documents provided by the applicant, to implement the park concept as shown
in Document 3. The Demolition Control approval
conditions require that the related Site Plan application documents be provided
within two months of this approval and that the park be completed by the
applicant within six months of approval of the Site Plan. The park is to be constructed by the
applicant to City standards and maintained by the City at the applicant’s
expense.
This report also sets out other conditions for this approval, including
conditions for interim maintenance of the property, a long term timeframe for a
replacement building to be substantially constructed, and the requirement for a
Demolition Control agreement with the City.
The third condition originates
from Section 33 of the Planning Act,
which allows Council to stipulate a timeframe for a replacement building and
include up to $20,000 per dwelling unit on the property's tax roll should the
replacement building not be substantially completed within the timeframe
specified. The property was re-zoned in 2009 to allow for an eight-storey mixed-use
building, but the zoning contains a holding provision pertaining to the need
for infrastructure improvements. The
City is expected to complete the necessary infrastructure improvements within
the next three years. While the
temporary City Park is an excellent interim use of the land, realization of
development in keeping with the Official Plan intensification objectives for
Traditional Mainstreets is considered the best use of this significant Rideau
Street location. Based on the infrastructure
limitations and the interim use as a passive City park, it has been determined
that standard $10,000 per dwelling unit penalty can be reduced to $5,000, but for
ten years, as compared to the usual two-years is an applicable timeframe for
non-completion of the replacement building.
The owner will be required to enter into an agreement with the City
within 45 days of the date Council approves the demolition control. Should the owner not enter into the required
agreement, the approval will be considered null and void and a demolition
permit cannot be issued until a building permit for a replacement building is
issued.
Summary
The property is occupied by a series of buildings in poor condition that
are considered detrimental to the Rideau “mainstreet” environment and to the
surrounding residential community. The
site is located in an area in need of infrastructure improvements to support
appropriate redevelopment. The
demolition will facilitate the development of a temporary City park in
co-operation with the applicant. The
application merits approval based on the condition of the buildings and the
temporary park proposal.
RURAL
IMPLICATIONS
There are no rural implications
associated with this report.
CONSULTATION
Notice of this application was carried
out in accordance with the City’s Public Notification and Consultation Policy. Comments
received from the public pertained to current depreciated standard of
maintenance of the property, undesirable activities on the site and how the
property would be developed during the interim time between demolition and full
re-development. These concerns are
addressed in Document 3.
COMMENTS BY
THE WARD COUNCILLOR
Councillor Fleury is in support of the
recommendations of this report.
LEGAL
IMPLICATIONS
There are no legal impediments to
approval of the recommendation of this report.
Section 33 of the Planning Act
and By-law No. 215-2000 of the former City of Ottawa provide for issuance of a
demolition permit with conditions.
RISK
MANAGEMENT IMPLICATIONS
There are no risk management
implications associated with this report.
FINANCIAL
IMPLICATIONS
The owner will be responsible for
paying the annual park maintenance operating costs estimated at $10,000,
excluding administrative fee of 15% and applicable HST. The actual annual costs (plus administrative
fee, plus HST) will be billed annually to the property owner.
The total 2011 taxes for the proposed
parcel were approximately $25,000 of which $14,000 was for the municipal
portion. Due to the proposed use (park) there is a possibility that the
lands could be exempted from taxation, resulting in approximately $14,000 in
foregone revenue.
ACCESSIBILITY
IMPACT
There are no direct accessibility
implications associated with this report.
ENVIRONMENTAL
IMPLICATIONS
The responsibility for potential
contamination on the property will be the sole responsibility of the Owner as
per the provisions of the proposed temporary park lease agreement.
TECHNOLOGY
IMPLICATIONS
There are no technology implications
associated with this report.
TERM
OF COUNCIL PRIORITIES
The report
recommendations are in keeping with the City Strategic Plan guiding principles
for creating liveable communities and reducing environmental impact through
sustainable choices.
APPLICATION PROCESS TIMELINE STATUS
The application was not processed by
the "On Time Decision Date" established for the processing of
Demolition control application due to the need to address the design and
administrative considerations of the related lease and park proposal.
SUPPORTING DOCUMENTATION
Document 1 Location Map
Document 2 Proposed Park Concept
Document 3 Consultation Details
Document 4 Conditions for the
Approval
DISPOSITION
City Clerk and Solicitor Department
Legislative Services to notify, OttawaScene
Canada Signs 1565 Chatelain Avenue, Ottawa, ON
K1Z 8B5.
City Clerk and Solicitor Department to prepare necessary agreements in
consultation with Planning & Growth Management and Real Estate Partnerships
and Development Office.
NOTIFICATION AND CONSULTATION PROCESS
Notification and public consultation
was undertaken in accordance with the Public Notification and Public
Consultation Policy approved by City Council for Demolition Control
applications.
PUBLIC COMMENTS
There
were five responses to the public notification which are summarized and
addressed as follows:
Comment:
There should be clarification of the buildings to be demolished and those
containing residential units or other uses on the property.
Response: The report clearly identifies the location of
the residential units and other uses on the property.
Comment:
After demolition the property should not
be paved or surrounded by chain link fences.
The site should be grassed and well maintained unlike the unsightly large
vacant property nearby to the west that looks abandoned. The property should not be allowed to drain
onto the public sidewalks, which causes problems for pedestrians especially in
winter. Rideau Street is a main artery
in the City and vacant lots with dilapidated buildings should not be allowed.
Response: The demolition control is recommended for
approval with conditions requiring the development of a temporary City park on
the site.
Comment:
What is involved in the approved or proposed site plan new buildings on the
property?
Response: There is no approved Site Plan for a new
building on the property; however the recently approved rezoning of the
property was based on an eight-storey mixed commercial and residential building
on the site.
Comment: How are property taxes impacted by demolition
of the buildings?
Response: The potential impact on the assessed value of
the property will be determined by the Municipal Property Assessment Corporation
through a formal re-evaluation after the standard notification of demolition of
any buildings on the property.
CONDITIONS
FOR THE APPROVAL OF
THE APPLICATION TO DEMOLITION 588
AND 592 RIDEAU STREET AND 165 CHARLOTTE
STREET DOCUMENT 4
1.
Until the time of construction of the replacement building, the Owner
shall develop the property as a temporary park to be leased to the City in
accordance to the following conditions:
a.
The Owner(s) shall be responsible for the construction, at no cost to the
City, of a temporary park, to City standards and generally in accordance with
the park concept plan shown in Document 2;
b.
The Owner(s) shall submit, with no application fee, all required plans, details,
and documents necessary to process a Site Plan Control application for the
development of the temporary park, within six weeks of this approval;
c.
The required Site Plan Control application as per 1b shall be initiated
by the City immediately upon receipt of the drawings, details, and documents
required as per 1b above;
d.
The required park shall be completed within ten weeks of approval of the
related Site Plan, or October 15, 2012, whichever date occurs first, and
subject to the satisfaction of the General Manager of Planning and Growth
Management should the approval of the related Site Plan be later than August
31, 2012;
e.
The related Demolition Permit(s) shall not be issued until the related
Site Plan is approved and financial security provided in the amount of $12,000.00;
f.
The required financial security as per 1.e above shall be released at the
time of the registration of the required park lease agreement as per 1.g and
1.h below;
g.
The Owner shall enter into a lease agreement with the City for the
proposed temporary park, commencing upon acceptance of the completed park by
the City; and the agreement shall address, but not be limited to, the following
obligations of the Owner:
i.
To build the park as per the approved Site Plan as required per 1b above;
ii.
To pay to the City an annual maintenance cost contribution of $10,000.00
per year, plus any other bona fide maintenance costs incurred by the City due
to the actions of the Owner;
iii.
To provide Commercial General Liability Insurance of not less than $5,000,000.00 pertaining to
the Owner’s obligations under the lease and including the City as an additional
insured;
iv.
Indicating that the Owner(s) is responsible for all impacts due to any
adverse environmental conditions associated with the property prior to
acceptance by the City, and indemnifying the City for all responsibility
stemming from these environmental conditions; and
v.
The park is to remain for a period of three years from completion of the
park, unless the property is redeveloped prior to this date; or, unless there
is mutual agreement between the City and the Owner to extend the term;
h.
The Owner acknowledges that the obligations of the City under the lease
agreement required as per 1.g above shall be generally, but not limited to, the
following:
i.
Maintain the temporary park to City Park standards, and in accordance
with the approved Site Plan for the park at all times;
ii.
Replace any park works as necessary after the expiry of any warranty
periods;
iii.
Permit a sign(s) to be erected on the property indicating that the park
is temporary, is a joint provision of the Owner(s) and the City and that future
redevelopment is anticipated;
iv.
Save harmless the Owner from any liability due to negligence on the part
of the City;
v.
To provide Commercial General Liability Insurance of not less than $5,000,000.00 pertaining to
the City’s obligations under the lease and including the Owner(s) as an
additional insured, which shall include coverage should a person be injured
using the property as a park; and
vi.
That the park is to remain, subject to mutual agreement of the City and
the Owner to other arrangements, for a period of three years from completion of
the park, unless the property is redeveloped prior to this date;
i.
The temporary park land shall be leased to the City at the rate of $1.00
per year.
2.
Prior to the completion of the temporary park required as per Condition 1
above the Owner shall maintain the property in accordance with the Property
Standards By-law;
3.
A
replacement building for the property shall be substantially commenced within
ten years from the date of this approval and in default thereof, the City Clerk
and Solicitor shall enter on the collectors roll the sum of $5,000.00 for each
dwelling unit contained in the residential properties demolished;
4.
Subject to “1.g.iv” above, the City agrees to indemnify the Owner from
all liability due to personal injury occurring during use of the property as a
park, save and except any liability arising from the Owner’s wrongdoing;
5.
The
Owner(s) enters into an agreement with the City including the forgoing conditions
and pays all the costs associated with the registration of the said
agreement. At such time as a building
permit is issued to redevelop the site and the replacement building is in
place, the agreement will become null and void and will be released upon
request by the Owner. The Owner shall
pay all costs associated with the registration of the release from this
agreement; and
6.
The approval of this application is null and void if the provisions of
Condition 5 above have not been fulfilled within 45 days of the date of this
approval.