Demolition Control Application DC2011-21
1817983 Ontario Ltd.
312, 318, 322 King Street North
Report: DS2011-067
Report Date: October 31, 2011
Council Meeting: November 7, 2011
Recommendation
That Waterloo City Council receive Development Services report DS2011-067 and approve Demolition Control Application DC2011-21, 1817983 Ontario Ltd., for the lands known municipally 312, 318, 322 King Street North in accordance with Section 8 of DS2011-067.
Executive Summary
1817983 Ontario Ltd. has submitted an application to demolition two (2) of the three (3) existing building on the property known municipally as 312, 318, 322 King Street North. The subject lands have been legally consolidated to form one single parcel of land. The applicant wishes to demolish two (2) single detached dwellings in order to facilitate the construction of a new 15-storey, 40-unit apartment building containing 200 bedrooms. An existing 10-storey, 25 unit apartment building on the site will be retained.
The subject property is located within the Area of Demolition Control as outlined in By-law No. 86-122 and therefore the dwellings may only be demolished with Council's approval.
Staff supports the issuance of a demolition permit based on the following:
- the proposed redevelopment is in keeping with the Official Plan;
- the proposed redevelopment is in keeping with the Demoliton Control By-law 18-122;
- the proposed redevelopment provides an intensification opportunity in an area planned for high density redevelopment; and
- the proposed building may provide an opportunity for affordable and/or rental housing in close proximity to existing transit services.
SECTION 1 – SUBJECT LANDS
LOCATION MAP

322 King Street N
-existing single detached dwelling to be demolished
-proposed location of 15-story, 10-unit apartment building
318 King Street N
-existing 10-story, 25- unit apartment building to be retained
312 King Street N
-existing single detached dwelling to be demolished
-proposed location of open air parking and ground floor patio
Owner: 1817983 Ontario Ltd.
Location: 312, 318, 322 King Street North (see Location Map).
Request: To demolish two (2) existing singledetached dwellings (see Pictures 1-2).
Purpose: It is the applicant’s intent to demolish two (2) existing single-detached dwellings and construct a 15 story, 40 unit apartment with 200 bedrooms on the north of the site, and an open air parking area with a ground floor patio on the south of the site. This site will ultimately contain 2 apartment buildings.
Site Plan: The applicant has submitted a Site Plan application for the proposed apartment building (Site Plan File SP-11-46). The Site Plan Committee is in a position to “recommend approval to the General Manager of Development Services”. The proposed elevation and perspective drawings in Figures 1-2 are for information purposes only.
Historical / Architectural Significance: There is no historical/ architectural significance to the two existing singledetached dwellings to be demolished. The Heritage Committee would like to be present during the demolition of the dwelling at 312 King Street North, due to a suspected log structure that may be located underneath the property. The owner has agreed to provide access. (Refer to Picture 1).
Ontario Regulation 278/05 (Asbestos): Prior to submitting a demolition permit, the owner will be required to acknowledge their obligations and responsibilities under Section 10 of Ontario Regulation 278/05 of the Occupational Health and Safety Act. This will be documented on the demolition tracking sheet.
Official Plan: Conforms to the “High Density Residential” designation and related policies of the Official Plan. Policy 3.1.5.1 of the Official Plan limits the density in this designation to a maximum of 250 units per hectare and a maximum of 25 storeys. The proposed development conforms as it has a density of 247 units per hectare and is 15 storeys in height.
Zoning: The subject property is zoned Multiple Residence – 25 “MR-25”, which permits apartment dwellings up to 25 storeys in height. The proposed building has a height of 15 storeys, which is in compliance with the zoning of the property. All setback requirements are met.
Servicing: Development of the site will be subject to available servicing capacity for items such as storm and sanitary sewer, watermain, hydro, etcetera. The applicant will be required to ensure that their proposed design can be accommodated within available municipal servicing capacity. Site plan engineering requires such analysis, and is subject to the approval of the City.
SECTION 2 – DEMOLITION CONTROL BY-LAW NO. 86-122
In 1986, Council exercised its authority to establish Demolition Control By-law No. 86-122. The said By-law establishes an “Area of Demolition Control” which comprises the Central and Columbia Residential Districts. Council approved six policy objectives related to the review of a demolition application in the “Area of Demolition Control”, as outlined below:
| Demolition Policy Objectives | Conformity | Comments |
1. Prevention of the premature loss of housing stock and the creation of vacant parcels of land. | Conforms | The applicant intends to immediately replace the existing structures with the proposed multi-storey building. |
2. Prevention of the premature loss of assessment. | Conforms | Municipal assessment should increase once the proposed development is constructed. |
3. Retention of existing residential units until new uses have been considered and Zoning and/or Site Plans approved. | Conforms | The Site Plan Committee is prepared to “recommend approval to the General Manager of Development Services” subject to engineering approval and demolition control approval. The proposed development complies with applicable zoning requirements. |
4. Prevention of block busting within residential neighbourhoods. | Conforms | In staff’s opinion, the application does not constitute block busting. |
5. Elimination of the use of demolition as a means to reduce maintenance costs. | Conforms | The intent to demolish the existing structures is unrelated to reducing maintenance costs. |
6. Elimination of the use of demolition as a tactic to obtain rezoning or other City approvals. | Conforms | The intent to demolish the structures is unrelated to obtaining a rezoning or other municipal approval. |
SECTION 3 – CONCLUSIONS
Staff support the issuance of a demolition permit based on the following:
- the proposed redevelopment is in keeping with the Official Plan;
- the proposed redevelopment is in keeping with the Demolition Control By-law 86-122;
- the proposed redevelopment provides an intensification opportunity in an area planned for High Density redevelopment; and
- the proposed building may provide an opportunity for affordable and/or rental housing in close proximity to existing transit services.
If Council grants the requested demolition, the owner could construct any new dwelling permitted under the Zoning By-law. As previously noted, it is the owner’s intent to construct one (1) new 15-storey, 40-unit apartment building on the property, and the proposed demolition is being considered under this premise. As such, demolition approval should be conditional upon the owner obtaining Site
Plan approval and constructing a residential development that is consistent with the submitted plans endorsed by the Site Plan Review Committee (File SP-11-46).
SECTION 4 – LEGAL
Should Council support the application, the Chief Building Official may issue a demolition permit subject to compliance with the Ontario Building Code. Should Council deny the application, the applicant may appeal Council’s decision to the Ontario Municipal Board.
SECTION 5 – FINANCIAL
Staff is not aware of any municipal financial implications with respect to the requested application. Should the application be appealed, potential costs related to an Ontario Municipal Board hearing may be incurred.
SECTION 6 – POLICY IMPACT
This application meets all of the objectives of the demolition control policy.
A draft of the new Official Plan policies has been tabled with Council. On Schedule ‘A’ of the draft Official Plan, the subject property is designated ‘Mixed Use High Density Residential’. Draft Policy 10.1.6 states that properties are to be redeveloped primarily for residential purposes, which the proposed development complies. Policy 10.1.6.3A establishes the maximum net residential density as 750 bedrooms per hectare. At 1234 bedrooms per hectare, the proposed development exceeds the maximum density contemplated in the draft Official Plan. The proposed height of 45 meters is consistent with draft policy 10.1.6.3B which limits height to 81 meters.
SECTION 7 – STRATEGIC PLAN
The request for demolition control can ultimately support the City’s Strategic Plan as follows:
- Sustainability and Our Living Environment – Supporting intensification, growing up not out
- Getting Around- Transit supportive development through intensification
SECTION 8 - RECOMMENDATIONS
- 1. Staff recommends that Council authorize the Chief Building Official to issue a Demolition Permit for the two (2) residential structures at 312, 318, 322 King Street North subject to the following terms:
(a) Upon issuance of a demolition permit, the owner agrees to notify the Heritage Committee of the date of demolition and agrees to grant committee members access to the site for documentation purposes.
(b) That prior to the issuance of a Demolition Permit, the owner receive final Site Plan Approval (including site plan, landscape plan, elevations, engineering drawings, and other technical drawings) for the proposed development consistent with the submitted plans endorsed by the Site Plan Review Committee (File SP-11-46);
(c) That the owner shall construct or substantially complete the new building in compliance with the approved Site Plan not later than two years from the date that the demolition permit is issued, pursuant to Section 33 (7) of the Planning Act; and
(d) That if the owner fails to construct or substantially complete the new building by the time specified on the Demolition Permit, the Clerk of the City of Waterloo shall collect in such a manner as municipal taxes the sum of money specified on the Demolition Permit, being a sum of $20,000 for each dwelling unit contained on the subject site as permitted by the Ontario Planning Act. Until payment thereof, the sum of money specified on the Demolition Permit shall constitute a lien or charge upon the subject lands. The lien or charge may be registered on the title of the property at the sole discretion of the City of Waterloo.
Submitted by:
__________________________________
Natalie Stopar
Student Planner
Picture 1 Existing Conditions 312 King Street North
Picture 2 Existing Conditions 322 King Street North
Picture 3 Existing Conditions 318 King Street North
Figure 1 - West Elevation
Figure 2 - North Perspective
