Loading...
HomeMy WebLinkAboutHK Agenda - 2020-01-07Heritage Kitchener Agenda Tuesday,January 7, 2020 Office of the City Clerk 4:00p.m.-6:00p.m. Kitchener City Hall nd 200 King St.W. -2Floor Conestoga Room Kitchener ON N2G 4G7 Page 1Chair –Ms. A. ReidVice-Chair –Mr. S. Strohack Delegations Pursuant to Council’s Procedural By-law, delegations are permitted to address the Committee for a maximumof five (5)minutes. Item 1-Dan Currie, MHBC Planning Ltd. Discussion Items 1.Draft Heritage Impact Assessment (HIA)(40min) -50-52 & 56 Weber Street West, 107 Young Street -ProposedDemolition of Existing Buildings and Construction of a New 6-storey Multiple-Residential Building To view theHIA in its entirety, please visit our website: www.kitchener.ca 2.DSD-19-273-Delegated Authority By-law Update(30min) Deferredfrom the December 3, 2019 HeritageKitchener meeting 3.StatusUpdates -Heritage Best Practices Update and 2020Priorities(5min) -Heritage Impact Assessment Follow-ups Information Items 2020 Heritage Kitchener Calendar Heritage Permit Application Tracking Sheets Dianna Saunderson Committee Administrator ** Accessible formats and communication supports are available upon request. If you require assistance to take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994 ** Date:December 16, 2019 To: Members of Heritage Kitchener From: Leon Bensason, Coordinator, Cultural Heritage Planning cc: Subject:50-52 & 56 Weber Street West, 107 Young Street Draft Heritage Impact Assessment The Planning Division is in receipt of a draft Heritage Impact Assessment (HIA) dated December 6,2019 prepared by MHBC Planning Ltd.,regarding a proposal to demolish the existing buildings located on 50-52 & 56 Weber Street West and 107 Young Street; and to redevelop the subject properties with a 42- unit, 6 storey multiple residential building. The subject properties are located within the Civic Centre Neighbourhood Heritage Conservation District. The applicant’s heritage consultant will be in attendance at the January 7, 2020 meeting of Heritage Kitchener to present the draft HIA and answer questions. Heritage Planning staff will be seeking the committee’s input and comments which will be taken into consideration as part of staff’s review of the HIA and the processing of related Heritage Permit and Planning Act applications. A motion or recommendation to Council will not be required at the January meeting. It is anticipated that a staff report regarding Heritage Permit applications seeking the consent of Council to demolish the existing buildings, will be prepared for consideration by Heritage Kitchener on February 4, 2020. A copy oftheExecutive Summary from the draft HIA isattached to this memo. The full draft HIA will be made available under separate cover on the City’s websitetogether with the January 7, 2020 meeting agenda. ________________________________ Leon Bensason, MCIP, RPP, CAHP Coordinator, Cultural Heritage Planning Acknowledged By: Brandon Sloan, Manager of Long Range & Policy Planning 1 - 1 HERITAGEIMPACT ASSESSMENT REPORT Phase I & II 50-52 Weber Street West, 56 Weber Street West & 107 Young Street, City of Kitchener Date: December 5, 2019 Prepared for: Prepared by: MacNaughton Hermsen Britton Clarkson Planning Limited (MHBC) 200-540 Bingemans Centre Drive Kitchener, ON N2B 3X9 T: 519 576 3650 F: 519 576 0121 Our File: ‘17191A’ 1 - 2 Heritage Impact Assessment Report Phase I & II 50-52 Weber Street West, 56 Weber Street West, and 107 Young Street, City of Kitchener, ON Executive Summary MHBC Planning, Urban Design and Landscape Architecture (“MHBC”) was retained by to undertake a Heritage Impact Assessment (HIA) for three (3) properties located at 50-52 Weber Street West, 56 Weber Street West and 107 Young Street, City of Kitchener. The subject lands are located north of the downtown core within the Civic Centre Neighbourhood Heritage Conservation District (CCNHCD). As such, the subject lands are designated under Part V of the Ontario Heritage Act. The Owner proposes to redevelop the site to a six (6) storey multiple residential building. The buildings at 50- 52 & 56 Weber Street West and 107 Young Street are proposed to be demolished. This report concludes the cultural heritage value of each property as follows: 50-52 Weber Street, “The Cottage” has representative design value as a representative Ontario Gothic Revival Cottage and contextual value for its location in CCNHCD; 56 Weber Street, “The Motz House” has representative design value as a Queen Anne building, historical associations with John and William J. Motz and Henry J. Shoniker and contextual value in CCNHCD; 107 Young Street, “The Craftsman House” has representative value as Arts and Craft/ Craftsman house, its historical association with architect C. Knetchel and contextual value in CCNHCD. While the HCD generally discourages demolition, the subject lands are within the Weber Street Policy Area of the CCNHCD. The Plan does consider that change will occur within the Weber Street corridor. While the loss of cultural heritage resources is discouraged, the HCD Plan recognizes that redevelopment may occur in compliance with the Official Plan. The proposed development is consistent with policies for increasing density along the Weber corridor in the City of Kitchener Official Plan and the Zoning By-law. Impacts This report concludes that heritage impacts, due to the proposed development, are as follows: Moderate impact of demolition of 50-52 Weber Street as an early representation of a Gothic Revival Cottage and identified as a Category ‘B’ building; Minor impact of demolition for 56 Weber Street which is identified as a Category ‘C’ building; December 4, 2019 MHBC | 5 1 - 3 Heritage Impact Assessment Report Phase I & II 50-52 Weber Street West, 56 Weber Street West, and 107 Young Street, City of Kitchener, ON Moderate impact of the demolition of 107 Young Street from the CCNHCD which is identified as a Category ‘C’ building. Potential impact of land disturbances to the foundation of 48 Weber Street West as the distance between new construction and the adjacent building is approximately 3.3 metres. The proposed development of the subject lands will have an overall minor impact on the HCD based on the following rationale: Weber Street is a principle street within the CCNHCD Study (2007) however, the CCNHCD Plan (2007) does acknowledge anticipated development and also that the size and scale of heritage buildings on Weber Street “is generally larger than the rest of the district”; None of the buildings located on the subject lands are identified as a Group ‘A’ in the architectural summary. Group ‘A’ buildings are noted as being of ‘major heritage importance’; 56 Weber Street is considered Group ‘C’ as the type of architecture is well represented in the District ( approximately 10.5% of buildings (40 buildings) in the District are Queen Anne); there are better conserved examples within the interior of the District; 50-52 Weber Street is considered Group ‘B’ due to its early representation of a Gothic Revival Cottage; the building is modestly constructed in this style but has been altered throughout the years, some of which is unsympathetic to the heritage character of the house; 107 Young Street is considered Group ‘C’, and is described as a ‘vernacular’ building; 40.61% of the buildings (147 buildings) in the district are identified as ‘vernacular’; and, The subject lands are not identified as being located within a Heritage Corridor as identified in Map 9, Cultural Heritage Resources. Alternative development scenarios have been reviewed as part of the HIA. Alternatives that retain the buildings 50-52 and 56 Weber Street West and 107 Young Street have been evaluated, however, their retention would have less impact on heritage resources than would the proposed development. Retaining all buildings significantly limits the amount of intensification that could occur on site. This report has concluded that the proposed new building is generally compatible with the CCNHCD Plan (2007) policies in Sub-section 3.3.5.2 and guidelines in Sub-section 6.9.4 specific to the Weber Street corridor. It has been determined that the proposed development’s scale, mass, setbacks and orientation complies with the CCNHCD Plan (2007) and Section 12.C.1.26 of the Official Plan regards change December 4, 2019 MHBC | 6 1 - 4 Heritage Impact Assessment Report Phase I & II 50-52 Weber Street West, 56 Weber Street West, and 107 Young Street, City of Kitchener, ON management and redevelopment in an HCD as well as City other policies within the City’s Official Plan, Zoning By-law. Adjacent heritage buildings to the east of the subject lands- 48 Weber Street West, Windermere Apartments- and to the west (non-contiguous) -96 Young Street/58-60 Weber Street West- are of a similar scale and mass of proposed development and thus, it is does not pose an impact to these buildings. Implementation Recommendations If one or more of the buildings are removed, it is recommended that heritage building material be salvaged. The following list outlines identified building material that should be salvaged as part of a selective demolition relevant to each building: Brick and stone elements of the exterior (107 Young Street) All windows with leaded-glass (107 Young Street) Original door on front elevation (107 Young Street) Hand hewn beams (50-52 Weber Street) Original window frames (50-52 & 56 Weber Street) Original door frames (56 Weber Street) Brackets (56 Weber Street) Salvaged heritage building material is recommended to be reused on site where feasible and/ or given to the City at no cost for re-use, archival, display or commemorative purposes pursuant to 12.C.1.32 of the Official Plan. Commemoration of a removed cultural heritage resource is strongly encouraged by the City (12.C.1.4.2, Official Plan). Commemoration for the removal of 56 Weber Street, “The Motz House” meets 12.C.1.4.2 (c) as it has historical associative value. It is suggested that the incorporation of the names Motz and Shoniker in the landscape design such as: Hardscaping, memorial entry way with surname inlay (i.e. Motz’ Corner) Seating created with salvaged wood with name plaques; Art display which includes a photo of the Motz Family and Home. December 4, 2019 MHBC | 7 1 - 5 Heritage Impact Assessment Report Phase I & II 50-52 Weber Street West, 56 Weber Street West, and 107 Young Street, City of Kitchener, ON If demolition is approved for any of the buildings included in the proposal, it is recommended thatthis report be deemed by the City as archival documentation to support the demolitions pursuant to 12.C.1.33-34 of the City of Kitchener’s Official Plan. It is also recommended that this report, including all supplementary reports to this HIA, should be made available to the Kitchener Public Library for reference. It is recommended that a Cultural Heritage Protection Plan be established for 48 Weber Street West as it is in close proximity of the new construction. The CHPP should include the following: Preconstruction inspection of building foundation; Detailed description of measures to be undertaken to protect the building from physical damage during construction activities; A Vibration Monitoring Report outlining the measures to be implemented to measure vibration impacts; Certification from a qualified engineer that the drainage, footings and foundation plans have been designed to avoid causing negative impacts. December 4, 2019 MHBC | 8 1 - 6 REPORT TO: Heritage Kitchener DATE OF MEETING: December 3, 2019 SUBMITTED BY: Brandon Sloan, Manager of Long Range & Policy Planning, 519-741-2200 ext. 7684 PREPARED BY: Leon Bensason,Coordinator, Cultural Heritage Planning (519) 741-2200 x7306 WARD (S) INVOLVED: All DATE OF REPORT:November 18, 2019 REPORT NO.: DSD-19-273 SUBJECT: Heritage Best Practices – Amendment to Chapter 642 of TheCity of Kitchener Municipal Code Regarding Delegated Approval Authority for Heritage Permit Applications __________________________________________________________________________________________ RECOMMENDATION: That the draft by-law as circulated to the Heritage Kitchener Committee on December 3, 2019 be enacted to amend Chapter 642 of The City of Kitchener Municipal Code regarding delegation of the power to consent to alterations to property designated under Part IV or Part V of the Ontario Heritage Act, as outlined in Development Services Department report DSD-19-273. BACKGROUND: In April 2005, the Ontario Heritage Act was amended to permit a municipal council to delegate its consent or approval authority for proposed alterations to designated heritage property. Such approval authority may be delegated to a municipal authority or official. The objective of delegating approval authority is primarily to streamline the approval processfor alterations, and to eliminate routine and administrative matters from heritage committeeand council agendas.This typically includes applications compliant with recognized conservation practices and existing heritage policies and guidelines. Table 1 on the following page outlines various scenarios under the Ontario Heritage Act having regard to delegated approval authority for Part IV and Part V designated property. In 2009, Kitchener City Council enacted By-law 2009-089 delegating its approval for certain classes of alterations to the Coordinator, Cultural Heritage Planning.The provisions of the by-law were subsequently incorporated into Chapter 642 of the Cityof KitchenerMunicipal Code –Heritage Property Consent – Alterations (see Appendix ‘A’). Chapter 642 of the Municipal Code outlines the circumstances and criteria to be used when qualifying a heritage permit alteration application to be processed through delegated approval. In accordance with the Ontario Heritage Act, Chapter 642 of the Municipal Code addresses delegated approval for applications made for Part IV and Part V designated property differently, asdescribedlater in this report.Delegated approval does notapply to demolitions nor to applications where the recommendation is refusal. In such instances, Heritage Kitchener and Council would continue their role in the review and consideration of such applications. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 2 - 1 TABLE 1 – Scenarios under the OHA regarding Part IV and V designated property Part IV Designated Part V Designated Heritage Permit Application Demolition ApplicationDelegated authority is Delegated authority is notpermitted.notpermitted. Alteration Application Delegated Authority is Delegated Authority is permitted.permitted. Ability for staff to approve application No. Applications must Yes. Applications do directly without needing to consult heritage be referred to heritage not have to be referred committee?committee.to heritage committee but staff may still do so. Ability for staff to approve application after YesYes consultation with heritage committee? Why consider a review and update? The delegation to staff of Council’s authority to approve certain heritage permit applications, is generally regarded as a customer service measure, as it reduces the timelines for granting heritage approval (typically from 6-8 weeks down to approximately 10 days), and provides for a more efficient use of time and resources toward city staff, committee and Council priorities. While more than half of all heritage permit applications received are currently processed through delegated approval; at various times since the passage of the delegated approval by-law in 2009, there have been instances when alteration applications in compliance with recognized conservation practices, have not been able to be approved directly by staff due to the existing criteria included in the wording of the current by-law. In 2015, City Council directed staff to examine heritage best practice measures in Ontario, and to identify priority measures for implementation in Kitchener. Following discussion with Heritage Kitchener, one such priority included establishing a heritage procedural protocol and improving processes related to the issuance of heritage permits. This includes giving consideration to reviewing delegated approval authority for heritage permits and updating Chapter 642 of the City’s Municipal Code to provide greater opportunity for heritage permits to be issued through delegated approval, when appropriate to do so. Consideration regarding updating the provisions for delegated approval was discussed with members of Heritage Kitchener at various times between 2018 and 2019. A discussion paper on the issue was presented to the committee in May 2018. At that time, the committee expressed general support for considering an all alterationsapproach, whereby Council delegates approval authority to City staff for all alterations conditional on staff and the Committee Chair agreeing to process the application through delegated approval. In addition, the committee expressed support for formalizing a process that was introduced by Heritage Kitchener in 2016, whereby only unanimous recommendations of approval are forwarded to the Coordinator, Cultural Heritage Planning, for final approval through delegated authority. Alteration applications made for Part IV or Part V designated property notreceiving a unanimous recommendation of approval are forwarded to Council for final consideration. 2 - 2 It was also at this time that the committee representative for the Upper Doon Heritage Conservation District questioned whether delegated approval should apply to applications made for property in the Upper Doon HCD, given specific wording in the District Plan stating that the heritage committee shall review and consider applications having regard to the policies and objectives of the Plan. In following up on this inquiry, Staff reviewed the wording regarding heritage permits and applications in each of the City’s four HCD Plans. It should be noted that the Upper Doon, Victoria Park Area, and St. Mary’s Neighbourhood HCDs were all established before the Ontario Heritage Act was amended in 2005 to permit delegated approval for heritage permits. While all fourHCD Plans make reference in varying degrees to the heritage committee reviewing applications, staff agree that the wording in the Upper Doon HCD Plan is more explicit in requiring committee consultation. In January 2019, a new Heritage Kitchener committee was appointed for a 2-year term. Delegated approval was discussed with the new committee in September and October 2019.More recent comments from committee members wasmixed. Some committee members expressed continued support for making changes if efficiencies in processing times and customer service would result. Other committee members expressed reservation with providing more delegated authority to City staff, and questioned if there was a need to amend the current provisions. REPORT How has delegated approval worked in practice? In 2009, Kitchener City Council passed By-law 2009-089and amended the City’s Municipal Code to delegate its approval authority for alterations to designated heritage property to the Coordinator, Cultural Heritage Planning. The following is a summary of the current heritage permit delegated approval process in Kitchener. For Part IV Designated Property In accordance with the Ontario Heritage Act, all applications for Part IV designated property must be referred to the Municipal Heritage Committee (MHC) for consideration. Under the Kitchener delegated approval bylaw, the Coordinator, Cultural Heritage Planning has the authority to grant final approval where Heritage Kitchener recommends approval with or without conditions that are the same as recommended by heritage planning staff, or with or without conditions that heritage planning staff agree to. In Practice… Staff are of the opinion that in practice, the scenario outlined in the current delegated approval by-law for Part IV designated property is working well. The existing delegated approval by-law has positioned most, if not all, qualifying alteration applications made for Part IV designated property to be approved through delegated authority, thereby saving applicants about 2-3 weeks time in getting a heritage permit. For Part V Designated Property There are two scenarios when heritage approval may be granted through delegated authority for Part V designated property (property located within a heritage conservation district). 2 - 3 Under the first scenario, the Coordinator, Cultural Heritage Planning can approve the application directly without having to consult with Heritage Kitchener(though staff does consult with the Heritage Conservation District representative on Heritage Kitchener or the Ward Councillor where there is no HCD representative). However, the by-law establishes that an application is to be referred to HK where one or more of the following criteria apply: o the application is highly complex o there is no existing policy to address the proposed work or situation; o there is significant sensitivity or controversy associated with the property or proposed work; o it does not meet with good heritage conservation practice; o it does not meet the policies or guidelines of the respective heritage conservation district plan; o the application is made for a property identified as a Group ‘A’ property or as property of very high cultural heritage value or interest as identified by Council or in a heritage conservation district study or plan; o staff recommend approval of the application subject to conditions other than the City’s standard condition; o staff are recommending refusal of the application; o the Coordinator, Cultural Heritage Planning (or designate) is of the opinion the application should be forwarded to the municipal heritage committee for discussion. The second scenariowhen delegated authority may apply is when the application has been referred to Heritage Kitchener for consideration and where the committee has made a recommendation of approval. Under such scenario, delegated authority applies much as it does for Part IV designated property, in that the Coordinator, Cultural Heritage Planning has the authority to grant final approval where Heritage Kitchener recommends approval with or without conditions that are the same as recommended by heritage planning staff, or with or without conditions that heritage planning staff agree to. In Practice… The majorityof heritage permit alteration applications received for Part V designated property are granted approval through delegated authority, where approval is granted directly by staff without having to consult with Heritage Kitchener. Inany given year there arealteration applications that continue to be referred to Heritage Kitchener because they meet one or more of the criteria listed in the delegated approval by-law. Table 2 on the following page provides an outline of how heritage permit applications have been processed over the past 5 years. 2 - 4 TABLE 2 - Completed Heritage Permit Applications 2015 – 2019 (Oct.) 2019 (to Application Year2015201620172018 Oct.) Part Part Part Part Part Part Part Part Part Part IVVIVVIVVIVVIVV Total number of completed heritage 2236201319625326 permit applications Number of applications approved through DA N/A16N/A17N/A9N/A17N/A14 withoutgoing to HK Number of applications approved through DA 00531035232 after going to HK Number of applications 27103716010 considered by Council Further analysis of the applications referenced in Table 2 reveals that there is at leastone application in each of the last 5 years that has been referred to Heritage Kitchener and/or Council, even though the proposed work wascompliant with recognized conservation practices or established policies and guidelines.The following are specific examples of heritage permit applications processed in thelast 5 years where staff believe the existing by-law has limited the opportunity to further streamline the heritage approval process for designated property owners: Application Year 2015 HPA-2015-V-006 (137 Queen Street South) In this example, an application was made to repair the brick masonry and two small steeples on St. Paul’s Lutheran Church, damaged due to a windstorm. The plans and specifications were compliant with recognized conservation practices and the Victoria Park Area HCD Plan guidelines. However, due to the fact that the church is identified as a Group ‘A’ property, the application had to be referred to Heritage Kitchener.A review of the minutes from the Heritage Kitchener meeting suggests there was no discussion before a recommendation of approval was made.The time taken to process the application from receipt to receiving Council approval was approximately 10 weeks. 2 - 5 Application Year 2016 HPA-2016-V-012 (189 Queen Street North) In this example, an application was made to introduce three dormers to the front and a second storey addition to the rear of an existing 3-car garage on a property located within the Civic Centre Neighbourhood Heritage Conservation District. As the subject property is identified as a Group ‘A’ property, the application had to be referred to Heritage Kitchener, despite the application meeting the policies and guidelines of the HCD Plan.The application was unanimously recommended for approval. The time taken to process the application from receipt to delegated approval after consultation with Heritage Kitchener was approximately 5 weeks. Application Year 2017 HPA-2017-V-021 (4 Park Street) In this example, an application was made to add an addition to an existing detached garage at 4 Park Street located within the Victoria Park Area HCD. As the garage addition would be of an appropriate scale and design, and be located within the rear yard away from public view; the proposal was considered to be compliant with the HCD Plan policies and guidelines. However, as a Group ‘A’ property, the application was required to be considered at Heritage Kitchener. A review of the minutes when this application was considered at Heritage Kitchener suggests there was no discussion. The application was recommended for approval unanimously. The time taken to process the application from receipt to delegated approval after consultation with Heritage Kitchener was approximately 9 weeks. 2 - 6 Application Year 2018 HPA-2018-025 (28 Weber Street West) In this example, an application was made to remove textured paint from brick using a non-invasive method of removal. Though not identified as a Group ‘A’ property within the Civic Centre Neighbourhood HCD Plan, the application was still referred to Heritage Kitchener given the recommendation of approval included a number of conditions other than the City’s standard condition ofreviewingbuilding permit plans. An example of one of the special conditions is preparation ofa test panel. Theminutes from the Heritage Kitchener meeting suggests there was no discussion before the committee unanimously recommended approval. The time taken to process the application from receipt to receiving delegated approval after consultation with Heritage Kitchener was approximately 7weeks. Application Year 2019 HPA-2019-V-005 (5 Michael Street) nd Inthis example, an application was made to change a 2 storeywindow opening into a door opening in order to provide access toan exterior patio. The proposed alteration was considered minor and was located away from public view, but was referred to Heritage Kitchener given the property is identified as a Group ’A’ property. The application was unanimously recommended for approval with little committee discussion. The time taken to process the application from receipt to receiving delegated approval after consultation with Heritage Kitchener was approximately 6 weeks. What are some options for consideration ? 1. Do nothing and leave the provisions in Chapter 642 of the City’s Municipal Code as is. Over the past 5 years, approximately 65%of all heritage permit applications have been approved through delegated authority (either approved by staff directly or after consultation with HK). This trend could continue if the City opted for the status quo. However, staff are of the opinion that certain provisions in the existing by-law may be limiting the number of applications that are being approved by delegated authority, particularly in relation to Part V designated property. 2 - 7 2. Make minor amendments tothe provisions in Chapter 642 of the City’s Municipal Code, and in particular to the criteria for the review of applications made for Part V designated property. There may be value in revisiting the criteria applicable to Part V designated property in the existing delegated approval by-law.Such criteria was established to identify applications requiring consultation with Heritage Kitchener because the nature of the application is complex, controversial or not in compliance with goodheritage conservation practices. However in practice, criteria such as “the property is a Group ‘A’ property”;and “is subject to conditions other than the City’s standard condition”,may not be clear indicators of such applications. 3. Make significant amendments to Chapter 642 of the City’s Municipal Code to identify classes of alterationsin the bylaw or an all alterationsapproachto delegated approval Some municipalitiesin Ontariohave gone the route ofpassing by-laws identifying specific “classes of alterations” that are considered routine and non-complex in their delegated approval by-law (and therefore eligible to be approved through delegated authority). Other municipalities have adopted an all alterationsapproachto delegatedapproval, where the by-law delegates Council’s approval authority for all alterations and does not restrict such authority to only certain types or classes of alterations. City Staff Recommendations In reviewing the above options and in consideration of the discussions with Heritage Kitchener, staff are of the opinion that minor amendments should be made to the delegated approval provisions included in Chapter 642 of the City’s Municipal Code. Itis staff’s opinion thatefficiencies can be achieved in reducing the time to process applications made for select Part V designated property, ifChapter 642 of the City’s Municipal Code wasamended toremovethe following criteria requiring referral of applications made for Part V designated property to Heritage Kitchener: the application is made for a property identified by Council or in a heritage conservation district study or plan as a Group ‘A’ property or as property of very high cultural heritage value or interest; and heritage planning staff recommends granting the permit for alteration subject to conditions other than the City’s Standard Condition. This recommendation is consistent with Option 2 noted earlier in this report. The purpose of the criteria applicable to alteration applications made for Part V designated property, is to identify applications deserving of being referred to Heritage Kitchener, either because of the particular nature of the application or the significance of the property. However in practice, there is evidence to suggest that the status of a property as a Group ‘A’ property and the assignment of special conditions of approval, are not always indicators of applications requiring review and discussion atHeritage Kitchener. Removing theabove mentioned criteria from the provisions in Chapter 642 of the City’s Municipal Code would not result in all applications for Group ‘A’ property or all applications where special conditions of approval apply, being approved through delegated approval. Heritage staff would continue to use their professional judgement and oversight in determining when applications made for such property should be referred to Heritage Kitchener. Further,in all cases where delegated approval without committee 2 - 8 consultation applies, staff would continue to consult in advance with the HCD committee representative (or ward Councillor where there is no representative). Given the language in the Upper Doon HCD Plan having to do with the review of permit applications, it is recommendedthat the following new criterion be added to the criteria requiring referral of a Part V designated property to Heritage Kitchener: the property is located within the Upper Doon Heritage Conservation District boundary. A housekeeping amendment is proposed to update the terms “Coordinator” and “heritage planning staff” to include the City’s Director of Planning as well as other individuals delegated by the Director. Lastly, it is recommended that an amendmentbe made, in accordance with the support expressed by members of Heritage Kitchener, to formalizethe process currently being practiced to proceed with issuing delegated approval only when Heritage Kitchener makes a unanimous recommendation of approval. The infographic below highlights some of the intended benefits of updating and amending Chapter 642 of the City’s Municipal Code, having to do with providing delegated authority forHeritage Permit alteration applications. CONCLUSION The minor changes being recommendedshould improve customer service by further streamlining the approval process for select alteration applications that are consistent with heritage policy and good conservation practices. Staff estimate that in some cases,efficiencies could equal processing time savingsof several weeks, especially during the committee and Council Summer recess period. Applications that staff believe are highly complex, controversial,or not in keeping with existing heritage 2 - 9 policies, guidelines or good conservation practiceswould continue to be referred to Heritage Kitchener. Applications not recommended for approval unanimously; applications recommended for refusal; and demolition applications would be forwarded to Council. To assist in the review of the amendments being recommended, staff have included a copy of the existing provisions in Chapter 642 of the City’s Municipal Code having to do with delegated authority, showing the proposed amendments with track changes (attached as Appendix ‘B’). A clean copy of the proposed by-law amending Chapter 642 of the City’s Municipal Code is included as Appendix ‘C’ to this report. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the Strategic Plan’s objectives regarding Great Customer Service. FINANCIAL IMPLICATIONS: N/A COMMUNITY ENGAGEMENT: INFORM – This report has been posted to the City’s website with the agenda in advance of the Heritage Kitchener committee meeting. CONSULT – Heritage Kitchener has been consulted regarding the proposed amendments to Chapter 642 of the City of Kitchener Municipal Code. ACKNOWLEDGED BY: Alain Pinard, Director of Planning APPENDICES: Appendix A:Existing Chapter 642 – Heritage Property, Consent – Alterationsof the City of Kitchener Municipal Code. Appendix B:Existing Chapter 642 of the City of Kitchener Municipal Code showing proposed amendments with track changes. Appendix C: Draft by-law to amend Chapter 642 of The City of Kitchener Municipal Code regarding delegation of the power to consent to alterations to property designated under Part IV or Part V of the Ontario HeritageAct. 2 - 10 2 - 11 2 - 12 2 - 13 2 - 14 2 - 15 2 - 16 2 - 17 Appendix ‘B’ PROPERTY MAINTENANCE Chapter 642 HERITAGE PROPERTY CONSENT –ALTERATIONS Article 1 INTERPRETATION 642.1.1 Act - defined 642.1.2Alter - defined 642.1.3City - defined 642.1.4Coordinator - defined 642.1.5Council - defined 642.1.6Heritage Conservation District - defined 642.1.7Heritage Kitchener - defined 642.1.8Heritage planning staff - defined 642.1.9Owner - defined 642.1.10Part IV application(s) - defined 642.1.11Part V application(s) - defined 642.1.12Property - defined 642.1.13Standard condition - defined Article 2 DELEGATION OF CONSENT TO ALTERATIONS ON PART IV APPLICATIONS 642.2.1Authority - delegated to Coordinator 642.2.2Application - consideration - heritage planning staff 642.2.3Application - refusal - referred to Heritage Kitchener 642.2.4Application - consented to - conditions - referral 2 - 18 HERITAGE PROPERTY Article 3 DELEGATION OF GRANTING OF PERMITS ON PART V APPLICATIONS 642.3.1Authority - delegated to Coordinator 642.3.2Application - consideration - heritage planning staff 642.3.3Referral to Heritage Kitchener - conditions 642.3.4Application refused - referralto Heritage Kitchener Article 4 GENERAL PROVISIONS 642.4.1Retention of delegated authority 642.4.2Referral - to Council - for any reason 642.4.3Delegation of authority to request information Article 5 SEVERABILITY 642.5.1Validity WHEREAS section 9 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under that or any other Act; AND WHEREAS section 11(3) 5 of the Municipal Act, 2001provides that a municipality may pass by-laws within the culture, parks, recreation and heritage sphere of jurisdiction; AND WHEREAS section 8(1) of the Municipal Act, 2001provides that the powers of a municipality under any Act shall be interpreted broadly so as to confer broad authority on municipalities to enable them to govern their affairs as they consider appropriate, and to enhance their ability to respond to municipal issues; AND WHEREAS section 23.1 of the Municipal Act, 2001provides that sections 9 and 11 of the Municipal Act, 2001authorize a municipality to delegate its powers under the Municipal Act, 2001or any Act, subject to certain limitations; AND WHEREAS sections 33 and 42 of the Ontario Heritage Act, R.S.O. 1990, c. O.18 provide that Council may delegate its authority to consent to alteration of property designatedunder Part IV of the Ontario Heritage Actand to grant permits for the alteration of property located in a Heritage Conservation District designated under Part V of the KITCHENER 642.2 JUNE 2009 2 - 19 HERITAGE PROPERTY Ontario Heritage Act; AND WHEREAS pursuant to sections 33(15) and 42(16) of the Ontario Heritage Act, Council of The Corporation of the City of Kitchener has consulted with its municipal heritage committee, Heritage Kitchener, respecting the delegation contained within this Chapter; Article 1 INTERPRETATION 642.1.1Act - defined “Act” shall mean the Ontario Heritage Act, R.S.O. 1990, c. O.18. 642.1.2Alter - defined “alter” means to change in any manner and includes to restore, renovate, repair, erect, or disturb and “alteration” and “altering” have corresponding meanings. 642.1.3City - defined “City” shall mean The Corporation of the City of Kitchener. 642.1.4Coordinator - defined “Coordinator” shall mean: the City’s Coordinator of Cultural Heritage Planning and shall also include the City’s Manager of Long Range and Policy Planning, the City’s Director of Planning, and any other individual delegated the functions of the Coordinatorunder this by-law by the City’s Director of Planning. (a)the City’s Coordinator of Cultural Heritage Planning; (b)in the absence or unavailability of the City’s Coordinator of Cultural Formatted: Justified Heritage Planning shall mean the City’s Manager of Long Range and Policy Planning; and (c)in the absence or unavailability of the City’s Coordinator of Cultural Heritage Planning and Manager of Long Range and Policy Planning shall mean the City’s Director of Planning. 642.1.5Council - defined “Council” shall mean the Council of the City. 642.1.6Heritage Conservation District - defined “Heritage Conservation District” means a heritage conservation district established under Part V of the Ontario Heritage Act. 642.1.7Heritage Kitchener - defined “Heritage Kitchener” shall mean the City’s municipal heritage committee established pursuant to the Act. 642.1.8Heritage planning staff - defined “heritage planning staff” shall mean the City’s Heritage Planner, the City’s Senior Heritage and Policy Planner, the Coordinator of Cultural Heritage Planning,the City’s Manager of Long Range and Policy Planning, andthe City’s Director of Planning, and shall also KITCHENER 642.3 JUNE 2009 2 - 20 HERITAGE PROPERTY include any other individual delegatedthe functions of heritage planning staff under this by-law by the City’s Director of Planning.. 642.1.9Owner - defined “owner” shall mean the person registered on title in the proper land registry office as owner. 642.1.10Part IV application(s) - defined “Part IV application(s)” means an application to obtain consent for an alteration to property designated under Part IV of the Act. 642.1.11Part V application(s) - defined “Part V application(s)” means a heritage alteration permit application for property located within a Heritage Conservation District. 642.1.12Property – defined “property” means real property and includes all buildings and structures thereon and includes a cultural heritage landscape. 642.1.13Standard condition - defined Formatted: Strikethrough “standard condition” shall mean a condition or conditions acknowledged by resolution of Council for use as a standard condition of approval for a Part IV application or a Part V application. Article 2 DELEGATION OF CONSENT TO ALTERATIONS ON PART IV APPLICATIONS 642.2.1Authority - delegated to Coordinator Council delegates to the Coordinator all of the power that Council has respecting the granting of consent for Part IV applications including the ability to attach conditions to such consent, subject to the provisions of this Chapter. 642.2.2Application - consideration - heritage planning staff Upon receipt of a Part IV application, heritage planning staff shall consider the application and may recommend: (a)that the application be decided by Council after consultation with Heritage Kitchener; (b)refusal of the application; (c)consent to the application with no conditions; (d)consent to the application withthe standard condition and/or other Formatted: Strikethrough conditions. 642.2.3Application - refusal - referred to Heritage Kitchener In the circumstances set out in Section 642.2.2(a) or (b), heritage planning staff shall refer the application to Heritage Kitchener for recommendations and Council shall retain decision making power on the Part IV application. KITCHENER 642.4 JUNE 2009 2 - 21 HERITAGE PROPERTY 642.2.4Application - consented to - conditions - referral In the circumstances set out in Section 642.2.2(c) or (d), heritage planning staff shall refer the Part IV application to Heritage Kitchener and: (a)where Heritage Kitchenerunanimously recommends consent to the Part IV applicationwith or without conditions that are the same as recommended by theheritageplanning staffor with or without conditions that are Formatted: Strikethrough agreeable to Heritage planning staff,the Coordinator shall consent to the Part IV applicationand impose any conditions agreed upon by heritage Formatted: Strikethrough planningstaff and Heritage Kitchener; or (b)where Heritage Kitchener recommends that a Part IV application be refusedorbe consented to with or without condition(s) that in the opinion of Formatted: Strikethrough heritageplanning staff are excessive or insufficient, or be consented to withoutcondition(s) that in the opinion of heritage planning staff are necessarythat are different that those recommended by heritage planning staff, or be consented to without a unanimous recommendation of approval, Council shall retain decision making power on the Part IV application. Article 3 DELEGATION OF GRANTING OF PERMITS ON PART V APPLICATIONS 642.3.1Authority - delegated to Coordinator Council delegates to the Coordinator all of the power that Council has respecting the granting of permits on Part V applications, including the ability to attach conditions to such permit, subject to the provisions of this Chapter. 642.3.2Application - consideration - heritage planning staff Upon receipt of a Part V application, heritage planning staff shall consider the application and may: (a)recommend refusal of the application;refer the application to Heritage Kitchener for review and recommendation in the circumstances set out in Section 642.3.3; (b)refer the application to Heritage Kitchener for review and recommendation in the circumstances set out in Section 642.3.3recommend refusal of the application; (c)grant the permit with no conditions; or (d)grant the permit with the standard condition and/or other conditions. 642.3.3Referral to Heritage Kitchener - conditions Heritage planning staff shall refer Part V Applications to Heritage Kitchener for review and recommendation in the following circumstances: KITCHENER 642.5 JUNE 2009 2 - 22 HERITAGE PROPERTY (a)the application is highly complex, including situations in which a heritage impact assessment, conservation plan or other study is required to be submitted; (b)there is no existing City policy to address the proposed work or situation; (c)in the opinion of heritage planning staff, there is significant sensitivity or controversy associated with the property or proposed work; (d)the proposed work does not meet with good heritage conservation practice; (e)the proposed work does not meet the policies or guidelines of the respective Heritage Conservation District plan; (f)the application is made for a property located within the Upper Doon Heritage Conservation District; or the application is made for a property identified by Council or in a heritage conservation district study or plan as a Group “A” property or as property of very high cultural heritage value or interest; (g)heritage planning staff recommends granting the permit for alteration subject to conditions other than the City’s standard condition; and (h)(g)heritage planning staff is of the opinion that the application should be forwarded to Heritage Kitchener for discussion. 642.3.4Application refused - referral to Heritage Kitchener Where heritage planningstaff recommends refusal of a Part V application pursuant to section 642.3.2 (a)In the circumstances set out in Section 642.3.2(b), heritage planning staff shall refer the application to Heritage Kitchener for review and recommendations and Council shall retain decision-making power. 642.3.5. Formatted: Font: Bold Where heritage planning staff refers a Part V application to Heritage Kitchener pursuant to section 642.3.3 and: a)where Heritage Kitchener unanimously recommends consent to the Part V application with or without conditions that are the same as recommended by heritage planning staff, the coordinator shall consent to the Part V application; or b)where Heritage Kitchener recommends that a Part V application be refused, or Formatted: Font: Arial, 12 pt, Condensed by 0.15 pt be consented to with or without condition(s) that are different that those Formatted: List Paragraph, Numbered + Level: 1 + recommended by heritage planning staff, or be consented to without a unanimous Numbering Style: a, b, c, … + Start at: 1 + Alignment: recommendation of approval, Council shall retain decision making power on the Left + Aligned at: 0.5" + Indent at: 0.75" KITCHENER 642.6 JUNE 2009 2 - 23 HERITAGE PROPERTY Part V application.” Formatted: Font: Arial, 12 pt Article 4 GENERAL PROVISIONS 642.4.1Retention of delegated authority Regardless of any authority delegated to the Coordinator under this Chapter, Council may, after notifying theCoordinator, exercise any authority that it delegated to the Coordinator. 642.4.2Referral - to Council - for any reason Notwithstanding any other provision of this Chapter, heritage planning staff may refer any Part IV Application and any Part V application to Council at any time. 642.4.3Delegation of authority to request information Council delegates to the Coordinator all of the power that Council has to request such information as Council may require from the owner respecting a Part IV application and a Part V application. Article 5 SEVERABILITY 642.5.1Validity It is hereby declared that each and every of the foregoing Sections of this Chapter is severable and that, if any provisions of this Chapter should for any reason be declared invalid by any Court, it is the intention and desire of Council that each and every of the then remaining provisions hereof shall remain in full force and effect. By-law 2009-089, 15 June, 2009. KITCHENER 642.7 JUNE 2009 2 - 24 APPENDIX ‘C’ BY-LAW NUMBER F THE O CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend Chapter 642of The City of Kitchener Municipal Code with respect to delegation of certain authority of Council to consent to permits for the alteration of property designated under Parts IV and V of the Ontario Heritage Act.) WHEREAS it is deemed expedient to amend Chapter642of The City of Kitchener Municipal Code as adopted by By-law88-100; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1.Section 642.1.4 is hereby deleted in its entirety and the following is substituted therefor: “642.1.4 “Coordinator” shall mean the City’s Coordinator of Cultural Heritage Planning and shall also includethe City’s Manager of Long Range and Policy Planning, the City’s Director of Planning, and any other individual delegated the functions of the Coordinator under this by-law by the City’s Director of Planning.” 2.Section 642.1.8 is hereby deleted in its entirety and the following is substituted therefor: “642.1.8 “Heritage planning staff” shall mean the City’s Heritage Planner, the City’s Senior Heritage and Policy Planner, the Coordinator, the City’s Manager of Long Range and Policy Planning, the City’sDirector of Planning, and shall also include any other individual delegated the functions of Heritage Planning Staff under this by-law by the City’s Director of Planning.” 3.Section 642.1.13 is hereby deleted in its entirety. 2 - 25 2 4.Section 642.2.2 is hereby deleted in its entirety and the following is substituted therefor: “642.2.2 Upon receipt of a Part IV application, heritage planning staff shall consider the application and mayrecommend: a)that the application be decided by Council after consultation with Heritage Kitchener; b)refusal of the application; c)consent to the applicationwith no conditions; or d)consent to the application with conditions.” 3. 642.2.4 is hereby deleted in its entirety and the following is substituted therefor: “642.2.4 Inthe circumstances set out in section 642.2.2(c) or (d), heritage planning staff shall refer the Part IV application to Heritage Kitchener and: a)where Heritage Kitchener unanimously recommends consent to the Part IV application with or without conditions that are the same as recommended by heritage planning staff, the coordinator shall consent to the Part IV application; or b)where Heritage Kitchener recommends that a Part IV application be refused, or be consented to with or without condition(s) that are different that those recommended by heritage planning staff, or be consented to without a unanimous recommendation of approval, Council shall retain decision making power on the Part IV application.” 4. Section 642.3.2 is hereby deleted in its entirety andthe following is substituted therefor: “642.3.2 Upon receipt of aPart V application, heritage planning staff shall consider the application and may: 2 - 26 3 a)recommend refusal of the application; b)refer the application to Heritage Kitchener for review and recommendation in the circumstances set out in section 642.3.3; c)grant the permit with no conditions; or d)grant the permit with conditions.” 5. Section 642.3.3 is hereby deleted in its entirety and the following is substituted therefor: “642.3.3 Heritage planning staff shall refer Part V Applications to Heritage Kitchener for review and recommendation in the following circumstances: a)the application is highly complex, including situations in which a heritage impact assessment, conservation plan or other study is required to be submitted; b)there is no existing City policy to address the proposed work or situation; c)in the opinion of heritage planning staff, there is significant sensitivity or controversy associated with the property or proposed work; d)the proposed work does not meet with good heritage conservation practice; e)the proposed work does not meet the policies or guidelines of the respective Heritage Conservation District plan; f)the application is made for a property located within the Upper Doon Heritage Conservation District; or g)heritage planning staff is of the opinion that the application should be forwarded to Heritage Kitchener for discussion.” 6.Section 642.3.4 is hereby deleted in its entirety and the following is substituted therefor: “642.3.4 Where heritage planning staff recommends refusal of a Part V application pursuant to section 642.3.2.(a), heritage planning staff shall refer the application to Heritage 2 - 27 4 Kitchener for review and recommendations, and Council shall retain decision- making power.” 7. Article 3 is hereby amended by adding the following as a new section 642.3.5: “642.3.5 Where heritage planning staff refers a Part V application to Heritage Kitchener pursuant to section 642.3.3and: a)where Heritage Kitchener unanimously recommends consent to the Part V application with or without conditions that are the same as recommended by heritage planning staff, the coordinator shall consent to the Part V application; or b)where Heritage Kitchener recommends that a Part V application be refused, or be consented to with or without condition(s) that are different that those recommended by heritage planning staff, or be consented to without a unanimous recommendation of approval, Council shall retain decision making power on the Part V application.” PASSED at the Council Chambers in the City of Kitchener this day of , A.D. 2020. _____________________________________ Mayor _____________________________________ Clerk 2 - 28 SC SCPB SC SCA SC SC SC SC SC SCSC SC SC SCASCPB IF1 - 1 7-Oct-197-Oct-19 24-Jun-1924-Jun-19 25-Feb-1925-Feb-1925-Feb-1926-Aug-1926-Aug-1926-Aug-19 Approved by Council Dealt with under delegated approval authorityDealt with under delegated approval authorityDealt with under delegated approval authorityDealt with under delegated approval authorityDealt with under delegated approval authorityDealt with under delegated approval authority Dealt with under delegated approval authorityDealt with under delegated approval authorityDealt with under delegated approval authorityDealt with under delegated approval authorityDealt with under delegated approval authorityDealt with under delegated approval authorityDealt with under delegated approval authorityDealt with under delegated approval authorityDealt with under delegated approval authorityDealt with under delegated approval authorityDealt with under delegated approval authorityDealt with under delegated approval authority Dealt with under delegated approval authorityDealt with under delegated approval authorityDealt with under delegated approval authority To be considered at the HK meeting to be held on January 7, 2020 To be considered at the HK meeting to be held on February 4, 2020To be considered at the HK meeting to be held on February 4, 2020To be considered at the HK meeting to be held on February 4, 2020 1-Oct-191-Oct-19 4-Jun-194-Jun-19 5-Feb-195-Feb-195-Feb-196-Aug-196-Aug-196-Aug-19 Considered by Heritage Kitchener Unanimous Recommendation for ApprovalUnanimous Recommendation for ApprovalUnanimous Recommendation for ApprovalUnanimous Recommendation for ApprovalUnanimous Recommendation for ApprovalUnanimous Recommendation for Approval Staff Report # DSD-19-028DSD-19-028DSD-19-028DSD-19-066DSD-19-139DSD-19-139DSD-19-156DSD-19-183DSD-19-180DSD-19-180DSD-19-203DSD-19-204DSD-19-232DSD-19-227DSD-19-227DSD-19-247 Date 1-Aug-196-Aug-198-Nov-196-Dec-196-Dec-196-Dec-19 17-Jul-1919-Jul-1925-Jul-1916-Jul-1924-Jul-19 29-Apr-1929-Apr-1929-Oct-19 27-Jun-1927-Jun-19 19-Feb-1921-Mar-19 25-Dec-1825-Dec-1825-Dec-1812-Aug-1914-Aug-1920-Aug-1913-Sep-1923-Aug-1923-Aug-1928-Aug-1928-Aug-1910-Sep-1927-Sep-1926-Nov-19 Received 31-May-19 2019 HERITAGE PERMIT APPLICATIONS 21 Dill St21 Dill St 67 Rex Dr 39 Park St920 Orr Ct16 Park St 8 Devon St 920 Orr Crt 85 David St 5 Michael St 6 Ellen St W6 Ellen St W 32 Heins Ave76 Heins Ave 37 Oregon Dr113 Young St107 Young St 29 Ellen St W 54 Theresa St 33 Mansion St33 Mansion St46 Lorne Cres 56 Weber St W 98 St. Clair Ave 307 Queen St S 140 Queen St N 65 Margaret Ave 242 Queen St. S.254 Queen St. S.262 Queen St. S. 50-52 Weber St W 30-40 Margaret Ave 13 Courtland Ave W Property Address 1380 Doon Village Rd1094 Doon Village Rd Number Application HPA-2019-V-001HPA-2019-V-002HPA-2019-V-003HPA-2019-V-004HPA-2019-V-005HPA-2019-V-006HPA-2019-V-007HPA-2019-V-008HPA-2019-IV-009HPA-2019-V-010HPA-2019-V-011HPA-2019-V-012HPA-2019-V-013HPA-2019-V-014HP A-2019-V-015HPA-2019-V-016HPA-2019-IV-017HPA-2019-V-018HPA-2019-V-019HPA-2019-V-020HPA-2019-V-021HPA-2019-V-022HPA-2019-IV-023HPA-2019-V-024HPA-2019-V-025HPA-2019-V-026HPA-2019-V-027HPA-2019-V-028HPA -2019-V-029HPA-2019-V-030HPA-2019-V-031HPA-2019-V-032HPA-2019-V-033HPA-2019-V-034HPA-2019-V-035 123456789 # 1011121314151617181920212223242526272829303132333435 IF2 - 1 New Carport HPA Description New Window Installation 16-Jan-20 Delegated Approval Delegated Approval Council Meeting Date / Recommendation Heritage Kitchener Unanimously Approved Recommended for Approval 7-Jan-207-Jan-20 HK Meeting Staff Report # DSD-20-001DSD-20-002 2020 HERITAGE PERMIT APPLICATIONS (HPA) 23-12-19 18-Dec-19 Date Complete Legend: Unanimously approved by Heritage Kitchener permits an HPA to be approved through delegated authority. 200 King Street200 King Street Property Address Number Application HPA-2020-V-001HPA-2020-V-002 123456789 # 101112131415161718192021222324252627282930313233 IF2 - 2