9. DEMOLITION CONTROL - 588 AND 592 RIDEAU STREET AND 165 CHARLOTTE STREET
RÉGLEMENTATION DE DÉMOLITION – 588 ET 592, RUE RIDEAU ET 165, RUE CHARLOTTE
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.
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
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
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.
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".
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 126.96.36.199 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.
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.
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.
There are no rural implications associated with this report.
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.
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.
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.
There are no direct accessibility implications associated with this report.
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.
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.
Document 1 Location Map
Document 2 Proposed Park Concept
Document 3 Consultation Details
Document 4 Conditions for the Approval
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.
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.