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Council
PICKERING Report Number: BLD 01-14
Date: January 27, 2014
From: Thomas Melymuk
Director, City Development
Subject: 3708 Brougham Road, Hamlet of Brougham
Response to Transport Canada Letter's respecting Pickering's Inquiries
about Leasing the Subject Property
Recommendation:
1. That Report BLD 01-14 of the Director, City Development, regarding the City's
response to Transport Canada about leasing 3708 Brougham Road, be received;
and
2. Further, that Council advise Transport Canada, in response to its letter of
December 2, 2013, that the City is not prepared to enter into a lease agreement with
respect to 3708 Brougham Road, Hamlet of Brougham.
Executive Summary: Council requested staff to investigate the possibility of
protecting 3708 Brougham Road from demolition. After repeated requests, a response
was received advising that the property remains a candidate for demolition, and that
Transport Canada would nevertheless be prepared to lease the building to the City in
"as is" condition for commercial purposes for a maximum term of three years. The
building on the property was built in the late 1950s or early 1960s as a residential
bungalow. It is not listed or designated as a heritage building.
Staff visited the property to assess the condition of the building. It was found to be in •
fair condition, but would require a substantial capital investment (at least $50,000.00 to
$75,000.00) to put it into a useable condition. It should also be noted that the property
is zoned Hamlet Residential and cannot be leased by the City for commercial purposes
unless appropriately rezoned.
It is recommended that Transport Canada be advised that the City is not prepared to
enter into a lease agreement with respect to 3708 Brougham Road.
Financial Implications: There would be no financial implications should the City not
lease 3708 Brougham Road. However, should Council decide to enter into a three-year
commercial lease, the City would need to bring the building up to an acceptable
condition at an estimated cost of at least $50,000.00 to $75,000.00. A lease rate would
also have to be negotiated with Transport Canada.
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Report BLD 01-14 January 27, 2014
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Subject: 3708 Brougham Road Page 2
Discussion:
On March 25, 2013, Council passed Resolution#53/13, asking staff to investigate the
viability of protecting a building owned by Transport Canada located at 3708 Brougham
Road (see Location Map, Attachment#1). The building is part of Transport Canada's
2013-2014 demolition program, but has not yet been demolished (although Transport
Canada has applied for and received a demolition permit from the City).
The property in question contains a vacant one-storey bungalow, constructed in the late
1950s or early 1960s. The building is not designated or listed as a heritage structure.
Despite being zoned Hamlet Residential, Transport Canada had previously leased the
property for commercial purposes, most recently as a pet daycare operation.
In furtherance of Council's resolution, staff met with Transport Canada to review options
for the property. After the meeting, staff sent a letter to Transport Canada's Regional
Director of Programs and Pickering Lands, requesting a position on a number of matters
(see Letter to Transport Canada, dated April 25, 2013, Attachment#2).
After repeated requests, Transport Canada has now provided a formal response to the
City (see Letter from Transport Canada, dated December 2, 2013, Attachment#3). In
its response, Transport Canada advises:
• The building remains a candidate for demolition during the current 2013-2014
project year, ending March 31, 2014.
• Transport Canada would nevertheless be prepared to enter into a lease of the
building with the City for specific commercial purposes, in "as is" condition.
• Should the City be interested, the commercial lease rate would be subject to
negotiation and the term would be for no more than three years.
Transport Canada initially requested a response from the City by January 15, 2014, but
has extended that deadline to give the City an opportunity to consider the matter at the
January 27, 2014 Council meeting.
•
The City's Chief Building Official; the Senior Planner, Development Review & Heritage;
and a Senior Examiner/Inspector obtained access to the building on January 10, 2014.
The purpose of the site visit was to conduct a detailed, visual review, to assess the
current"as is" condition of the building and determine what work would be required to
allow the property to be used for commercial purposes.
Staff were provided with a Building Condition Inspection Report, dated April 2007, and a
Designated Substances Survey, dated October 2009. There were no existing building
drawings available.
The building is a single storey, brick and stone clad house with a full unfinished
basement and an attached single car garage, which could not be accessed at the time
of the site visit (see Exterior Photograph, 3708 Brougham Road, Attachment#4). The
property is equipped with a drilled well and a septic system.
99
Report BLD 01-14 January 27, 2014
Subject: 3708 Brougham Road Page 3
The building has been unoccupied since 2012, and the entrances to the house have
been boarded up. As well, the building currently has no power, telephone or water
supply. Staff understand that the septic system is not currently functioning as intended.
The status of the existing well is unknown at this time.
The building is generally in fair condition, and there are a number of elements that
require attention prior to any future occupancy, including the following:
• Interior wall and ceiling finishes contain lead-based paint, which could be
disturbed during any construction activity.
• Existing wiring connectors and other electrical cables may contain lead.
• The building's original floor tiles contained asbestos. While it appears that they
have been removed, remaining floor finishes require repair and/or replacement.
• There is some minor damage to the ceiling plaster, which appears to have
resulted from water leakage from the roof.
• The wood soffit is deteriorating and requires repair and/or replacement.
• While the roof was covered with snow at the time of the visit, staff were advised :
that the shingles are old and require replacement.
• Downspout extensions are missing, causing water to accumulate around the
base of the building, which could impact the condition of the foundations.
• Septic system needs to be evaluated and repaired and/or replaced as necessary.
• Interior environmental conditions would need to be re-assessed.
• All utilities have been disconnected.
Furthermore, as the original building construction was for residential purposes, a
change of use to an office or other business purpose would trigger a number of
additional Building Code provisions to address fire and life safety systems, accessibility,
building structure, and mechanical systems.
It is also anticipated that the existing building could require additional structural floor
reinforcing to accommodate office (among possibly other) floor loading criteria and new
heating and ventilation systems. While electrical systems are under the jurisdiction of
the Electrical Safety Authority, it is likely that electrical upgrades would also be required
for non-residential uses. All of the above items would require the review, assessment,
and design by qualified professionals.
Based on the available information, staff estimate the cost to restore the building to a
useable condition to be at least $50,000.00 to $75,000.00, and depending on the
intended commercial use, the cost could be significantly higher. This estimate is based
on a visual inspection. Should the City decide to pursue a commercial lease agreement
with Transport Canada, it would be advisable to engage professional consultants to
undertake a thorough assessment and to determine a detailed cost breakdown.
100
•
Report BLD 01-14 January 27, 2014
Subject: 3708 Brougham Road Page 4
As noted earlier, the current zoning by-law only permits residential uses at this location.
A zoning amendment would also be required before the property could legally be used
for commercial purposes.
Attachments:
1. Location Map
2. Letter to Transport Canada, dated April 25, 2013
3. Letter from Transport Canada,.dated December 2, 2013
4. Exterior Photograph, 3708 Brougham Road
Prepared By: Approved/Endorsed By:
",!7,/,/e A.-4" ,/---'-.1)1,/le,( /// •
Kyle Bentley, P. Eng. Thomas Melymu , MCIP, RPP
Chief Building Official Director, City Development
KB:TM:jlm
Recommended for the consideration
of Pickerin! City Co ncil •
/ % / . 23, 20/4-
Tony Prevedel, P.Eng.
Chief Administrative Officer
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Location Map
Chi 4 FILE No:N/A
_% APPLICANT:Transport Canada
11011101atile PROPERTY DESCRIPTION:3708 Brougham Road
City Development (Lot 5 Plan 559, DPW#705) I DATE:Jan.21,2014
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. Pickering Civic Complex
Off One The Esplanade
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;ma:. 10 - ATTACHMENT 1f '•. T C) •• Pickering,ON Liv 6K7 ...
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-TTY:' 905:420.1739 _ . . .
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..:Email citydev@pickering.ca ' - - •- -
•
_ •- April 25, 2013- - • •
. ' : ;John:Higharri . :. _ - •-_ : _
•..•Regional Director,�Pi-ogranis.and Pickering Lands .•-• - . .• • •
•• Ontario.Region •
- :Transport Canada.• . - • • . , - _ _• - _' ,. : -
• - 4900 Yonge Street, 4t' Floor •. - -
' Toronto; ON:M2N 6A5 - -
_ :Subject;.l : .-Picketing'Council,Resolutioi�- •
' : . .3708'Old Brougham Road ''Pickering-' . .- : - .
• • - s,• : On.March'25, 2013, Pickering.Council.approved a.resolution concerning,Transp-ort' ;
• Canad-a's property at-3708 Old Brougham•Road in Pieiceriiig: The`i:esoiution d_ irected••.. : ••' .--staff,to-'investigate the.possibility'=of the-viability of maintaining.this•properfy. Transport -: •,
.. .Canada had for;and received a demolition permit from the City for this,property .'•• ` - - - . •
-
but no action•to'date hasyet been.'taken in-this'regard - .• _ ;
• . - As a-resuit'of this.resolution', Pickering staff had a meeting with Perry.Papadatos-and _ . •
-Lynne•Tinimy of your;office to discuss various issues and options.-•We had a;number.of . .•- , questions, and•foliowing-the'meeting, it was suggested that we-address`them in writing ' , -_ •
''to you,:so that we can•obtain.a formal response.''.: . • •_ - .. . .
• ,In`particulars.the:City would.likeTranspirt Canada's position on:the following •
.• -'::1: Although the propetty.was leased:for.coh mercial•pur'poses, it=is-actually zoned. `- - • _
:'Hamlet- 2esidential'.- Would Transport Canada be willing to enter into-an -` - - • .•-•
' • agreement.with the City:to'allovii us:to sublease this property for-residential • -- •
-.•:purposes as-permitted by the current by-law?. If yes;what would.be =• ; •- _
approximate-.lease rate-arid terrri for this-type of agieerrierit?:•- " • •- .-
- ' . -:2. If the answer to question f I is'no", would-Transp ort-Canada-be supportive()fa •
• • City initiated rezoning of the.property.-for:certain appropriate con-1001'61a' purposes
(to be defermiried);_followe.d by.a subsequent agreement with.the City,to_allow us .•. -
• - :,to sublease the property_-for.these uses?' If yes, what would be the approximate .• -
•
"" lease rate and tei-rn.fo. ?'-. - • •rthrst eofa eer e
i n nt. -
103. =
Picketing:Council Resolution ATTACNh4Entt# p April 25;"2013, •
REPUii!•e, ::G�6... .L.�,7`w . ' •
- • • ` ;_ .. - . • ; ..Page 2 ' •- -
- 3. ' in the event Transport-.Canada•is°prepared to movefoiward•with the City of the' -1. • -
- • , basis•'of.questiion 1'or 2-above,-what-w.ould-be the approximate cost_(if known) to
• bring this property up to an appropriate standard so that.it can be subleased for: • ,
• ' • •residenttial and/or commercial purposes?- Would Transport Canada be prepared.to . -
• • _ -fund=any or all of the required impioveriients2 ., - .•
: The Cityhas-not yet made a decision•on this property, however; the information Will be.. -- ' - ,. -
very,helpful•wherrmaking.•a tecommendation.to Council On the Matter.. = .
.Thank you.for your°assistance. • - • -
Yotars•t�ul _ .
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- ' 1-6 •Melyi- uk.MCIP,.RPPtr '. - • .. . . .-. . .•
:Director; City Development - t
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I:\Tom CorrespondencelPic'tiering Council Resolutionsdoo` ••
Copy:'Perry-Papadatos-- Transport Canada:•Regional Manager, Pickering-Site- .T. • ' •••
. Operations . , . •
Chief"Adininistiative Officer'
. , _ City-Solicitor� _•• _ .•
chief-Buildiing Official • • . • • -
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-Transport Transports
` Canada Canada
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December 2,2013
•
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City of Pickering
City Development Department
Pickering Civic Complex
One The Esplanade
Pickering,ON L1V 6K7
Attention:Mr.Tom Melymuk,Director,City Development .
SUBJECT: 3708 Old Brougham Road,Brougham,Ontario—(the"Vacant Building")
Dear Mr. Mely,nuk,
I am writing in response to your letter dated April 25, 2013, inquiring about the opportunities for the
City to lease the Vacant Building from Her Majesty. As you are aware,while a demolition permit was
issued for the Vacant Building in March 2013, the building has yet to be demolished. The building
remains a candidate for demolition during the current, 2013-14 project year,ending March 31,2014.
At this time, Transport Canada (the `Department") is prepared to enter into a lease with the City to
allow the City to use the Vacant Building for specific commercial purposes, in "as is" condition, as
agreed to by the parties. While the rental rate is subject to negotiation, the Department confirms that
the term of the commercial lease would be for a period not exceeding three (3)years.
With respect to zoning,as a matter of law,municipal by-laws relating to the land use and development
do not apply to federal lands.
Transport Canada requests the City to address any questions as they pertain to the content of this letter
and confirm whether interest to lease the subject property remains, no later than January 15, 2014, as
the Department anticipates commencement of the 2013-14 demolition project promptly thereafter.
,Sincere
,AVL , ' lie.l.
----.---- '
L . 'Souza !
A/Regional Director, Pickering Lands •
Ontario Region i
Copy: Perry Papadatos—Transport Canada—Regional Manager,,Pickering Site Operations
perry.papadatos @tc.gc.ca 4900 Yonge Street,4t1i Floor,Toronto, ON M2N 6A5 1.
Canada.
105
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