HomeMy WebLinkAboutPD-62-96THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: DEMO.GPA ®
REPOR T
General Purpose and Administration istrration Committee N G
Meeting: p File #
Date: Monday, May 6, 1996 Res. #L_Ood
Report #: PD -62 -96 File #: DE 96 -001 By -law #
Subject: DEMOLITION APPLICATION UNDER THE RENTAL HOUSING PROTECTION ACT
APPLICANT: 1151088 ONTARIO INC.
PART LOT 28, CONCESSION 5, FORMER TOWNSHIP OF CLARKE
5367 MAIN STREET, ORONO
FILE: DE 96 -001
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD -62 -96 be received;
2. THAT the application to demolish five apartment units under Section 4(1) (a) of the
Rental Housing Protection Act submitted by 1151088 Ontario Incorporated be
APPROVED; and
3. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
1.
1.1
1.2
1.3
APPLICATION DETAILS
Applicant: 1151088 Ontario Incorporated
Agents:
Application:
1.4 Site Area:
Jeff Westbrook and David Marsh
An application under the Rental Housing Protection Act to
demolish five apartment rental units damaged by fire.
0.11 hectares (0.27 acres)
2. LOCATION
2.1 The subject lands are located at 5367 Main Street, at the northeast corner of Main
and Centre Streets in Orono. The applicant's land holdings total 0.11 hectares (0.27
ac). The legal description of the property is Part Lot 28, Concession 5 in the former
Township of Clarke.
2
531
REPORT NO. PD -62 -96 PAGE 2
3. BACKGROUND
3.1 On March 15, 1996, Jeff Westbrook and David Marsh filed an application under
Section 4(1)(a) of the Rental Housing Protection Act on behalf of 1151088 Ontario
Incorporated with the Municipality of Clarington to demolish part of an apartment
building containing five apartment rental units that were damaged by fire.
Applications to demolish housing rental units are subject to the provisions of the
Rental Housing Protection Act and are subject to Council approval.
3.2 The remaining portion of the building contains eight apartment units. One unit is
currently being rented to the building superintendent. The applicant intends to rent
these units once the damaged portion of the building is demolished.
3.3 The applicants have indicated that they do not wish to rebuild the five apartment
units but purpose to establish a parking lot to provide parking for the future residents
of the eight remaining apartment units. Currently, residents must park on the streets
as the subject lands cannot accommodate sufficient on -site parking.
0
4.1
4.2
5
5.1
EXISTING AND SURROUNDING USES
Existing Uses: Multi -unit apartment building
Surrounding Uses: East:
North:
West:
South:
OFFICIAL PLAN POLICIES
Post office
Urban residential
Commercial, residential and open space
Commercial and residential
Within the existing 1991 Durham Region Official Plan, the subject lands are
designated "Living Area ". The existing residential use conforms with the policies.
532
....3
REPORT NO. PD -62 -96 PAGE 3
5.2 The subject lands are designated "Local Central Area" within the Clarington Official
Plan. These areas shall develop as mixed uses areas containing commercial,
residential, recreational, community, cultural, and institutional uses serving the day -to-
day needs of surrounding residents. The existing use conforms with the relevant
policies.
6.1 The subject lands are currently zoned "Commercial Exception (C1 -2) Zone" which
permits dwelling units existing prior to the passing date of this by -law. The existing
use complies with the zoning by -law. The zoning by -law also permits a parking lot
on the property.
7. PUBLIC NOTICE AND SUBMISSION
7.1 In accordance with Council procedure and the requirements of the Rental Housing
Protection Act, R.S.O. 1990, the notice of Public Meeting was placed in the Orono
Times Weekly and the Canadian Statesman, newspapers which were deemed to
appropriately notify all residents. The required notice was mailed to the existing
tenant by both the Municipality and the applicant as required by the Act.
7.2 As of the writing of this report, the following inquiries have been received:
• A representative from the Orono Post Office verbally indicated some concern
with the parking area proposed by the applicants. The post office is situated
directly to the east of the property and was severed from the subject lands.
An easement is registered on the north part of the post office lands to permit
access to the subject lands. If the applicants develop a parking lot on the
subject lands, the post office is concerned over the increased use of this
easement and its possible blockage by cars.
....4
533
REPORT NO, PD -62 -96 PAGE 4
A subsequent inquiry for information was received from the Canada Post Real Estate
Services Branch. Staff explained the application and discussed the issues
surrounding the easement. No further inquiries have been received either from the
Orono Post Office or Canada Post head office.
A letter was received by the Planning Department from residents adjacent to
the north of the proposed demolition. They do not object to the application
but have the following concerns (See Attachment #3):
i. The building should be demolished quickly because of the danger
posed by falling debris such sheet metal and pieces of concrete. This
danger and the delay of the demolition work does not permit the
residents to plant their garden or use their back yard. Stray animals in
the building are causing inconvenience; and,
ii. The southern property line is now enclosed partially through fencing
and the building. When the building is demolished, only portions of the
southern property line will remain enclosed through fencing. The
applicant has apparently assured the resident that a privacy fence
would be erected along the resident's southern property line.
8. AGENCY COMMENTS
8.1 The application was circulated to solicit comments from other relevant agencies. The
Durham Regional Planning Department was circulated the application but verbally
indicated no concerns. The Regional Plan does not contain any policies relating to
demolition applications under the Rental Housing Protection Act. They did however
indicate that Council should be satisfied that the loss of the rental units should not
negatively impact the rental housing supply in Clarington.
8.2 The application was circulated to the Rent Control Programs Branch of the Ministry
of Municipal Affairs and Housing which administers the Rental Housing Protection Act
(RHPA). The following comments were received: ....5
534
REPORT NO. PD -62 -96 PAGE 5
The Housing Policy Statement - 1995 Information Bulletin defines an affordable
rent in the Greater Toronto Area, which includes the Municipality of Clarington, as
$1100 or less. The rents of these two and three bedroom units to be demolished
ranged between $540 to $650 per month. In the view of the Ministry, all of these
rents are affordable.
Section 8(1) of the Regulations under the RHPA state that the council of a
municipality shall not approve an application under the Act unless the council is
satisfied that at least one of the following three criteria is met:
1. Council finds that,
L a rental property for which an application is made is structurally
unsound; or,
ii. a rental property for which an application is made for renovation or
repair is structurally unsound at the time of the application and will
continue to be structurally unsound if the renovation or repair proposed
by the applicant is not carried out and, in the case where tenants are
in occupation of the unit, that vacant possession is required to effect
the renovation or repair.
2. The applicant agrees,
i. to provide the same number of new rental units in a similar rental range
and in the same area as those for which approval is given; and,
ii. to provide rental accommodation in the same area of similar quality and
rent, either in the new rental units or in other existing rental property,
to any tenant who is required to give up possession of a rental unit as
a result of the approval.
3. In the opinion of council, the proposal does not adversely affect the supply of
affordable rental housing in the municipality. ....6
53'D
REPORT NO. PD -62 -96 PAGE 6
The second criterion is irrelevant to this application. The first and third criteria are
both applicable but only one criterion is necessary for Council to consider approval
of the proposed demolition.
If the first criterion is to be considered, Council could request the applicant to have
a physical inspection completed and a report prepared indicating whether the
building proposed for demolition is structurally sound. Authority for such an
inspection and report is provided under Section 11 (4) of the RHPA.
If the third criteria is to be considered, Council may approve the application, if in its
opinion, the loss of these five affordable rental units does not constitute an adverse
impact on the supply of affordable rental housing in Clarington. After considering all
three criteria, Staff feel that the third criterion is the most appropriate way to deal with
this application.
8.3 Discussions with the Durham Regional Public Works Department have indicated no
objections subject to the following conditions:
• that a road occupancy permit be obtained for any construction vehicles,
machinery or demolition apparatus occupying the Regional Road #17 (Main
Street) road allowance; and,
• that the applicants contact the Durham Regional Works Depot in Orono to
terminate sewer and water services to the building being demolished.
8.4 Although comments are still remain outstanding from the Clarington Public Works
Department, discussions indicate no objections to the demolition provided that issues
relating to the parking lot and the easement are resolved.
....7
-936
REPORT NO. PD -62 -96 PAGE 7
9. STAFF COMMENTS
9.1 As previously indicated, Staff feel that the third approval criterion is the most
appropriate way to deal with this application. This criterion states that the application
may be approved if in Council's opinion the demolition does not adversely affect the
supply of affordable rental housing in the municipality.
Discussions with a representative of the Rent Control Programs Branch at the Ministry
of Municipal Affairs and Housing indicate that a demolition application could be
approved if the vacancy rates for rental units within a given category is above 2.5 to
3.0 %. Information on vacancy rates for private apartment buildings containing three
or more units is provided by the Canada Mortgage and Housing Corporation. The
latest surveys prepared for April 1995 and October 1995 indicate that the vacancy
rate for this rental unit type in Clarington was 3.1 % and 3.5% respectively. Staff are
of the opinion that the demolition of these rental units would not negatively impact
the rental unit stock. These figures would permit Council the option of approving the
demolition under the third criterion.
9.2 The applicants' intention is to provide a parking lot for the future residents in the
eight remaining apartment units. This would alleviate some of the parking problems
associated with this building. The amount of parking which could accommodated
on site is unclear. Staff would like to hold a meeting with the applicants, the Orono
Post Office, and the residents to the north to ensure that parking and fencing issues
can be satisfactorily resolved.
10. CONCLUSIONS
10.1 As the vacancy rates for private apartment buildings containing three or more units
exceed the appropriate levels, Staff would respectfully recommend to Council that the
application to demolish five rental units be APPROVED. Based on the Clarington
Works Department comments and the above discussions, it is also recommended
that Council direct Staff to meet with the applicants, the Orono Post Office, and the
residents to the north to resolve the parking and fencing issues. ...8
537
REPORT NO. PD -62 -96 PAGE 8
Respectfully submitted,
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
RH *FW *cc
Reviewed by,
W. H. Stockwell i
Chief Administrative
Officer
Attachment #1 - Key Map
Attachment #2 - Area Subject to Demolition
Attachment #3 - Correspondence from George and Beryl Clark
April 29, 1996
Interested parties to be notified of Council and Committee's decision:
1151088 Ontario Incorporated
P.O. Box 75
Bethany, Ontario
LOA 1 AO
Attn: Jeffrey Westbrook
and David Marsh
Canada Post
8 Centre Street
Orono, Ontario
LOB 1 MO
Attn: Carole Boyd
George and Beryl Clark
1 Mill Street
Orono, Ontario
LOB 1 MO
Jean Paul Roy
Box 174
Orono, Ontario
LOB 1 MO
Attachment # 1
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