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REPORT TO: Heritage Kitchener <br />DATE OF MEETING: December 3, 2019 <br />SUBMITTED BY: Brandon Sloan, Manager of Long Range & Policy Planning, <br />519-741-2200 ext. 7684 <br />PREPARED BY: Leon Bensason,Coordinator, Cultural Heritage Planning <br />(519) 741-2200 x7306 <br />WARD (S) INVOLVED: All <br />DATE OF REPORT:November 18, 2019 <br />REPORT NO.: DSD-19-273 <br />SUBJECT: Heritage Best Practices – Amendment to Chapter 642 of TheCity of <br />Kitchener Municipal Code Regarding Delegated Approval Authority for <br />Heritage Permit Applications <br />__________________________________________________________________________________________ <br />RECOMMENDATION: <br />That the draft by-law as circulated to the Heritage Kitchener Committee on December 3, 2019 be <br />enacted to amend Chapter 642 of The City of Kitchener Municipal Code regarding delegation of <br />the power to consent to alterations to property designated under Part IV or Part V of the Ontario <br />Heritage Act, as outlined in Development Services Department report DSD-19-273. <br />BACKGROUND: <br />In April 2005, the Ontario Heritage Act was amended to permit a municipal council to delegate its consent <br />or approval authority for proposed alterations to designated heritage property. Such approval authority <br />may be delegated to a municipal authority or official. The objective of delegating approval authority is <br />primarily to streamline the approval processfor alterations, and to eliminate routine and administrative <br />matters from heritage committeeand council agendas.This typically includes applications compliant with <br />recognized conservation practices and existing heritage policies and guidelines. Table 1 on the following <br />page outlines various scenarios under the Ontario Heritage Act having regard to delegated approval <br />authority for Part IV and Part V designated property. <br />In 2009, Kitchener City Council enacted By-law 2009-089 delegating its approval for certain classes of <br />alterations to the Coordinator, Cultural Heritage Planning.The provisions of the by-law were <br />subsequently incorporated into Chapter 642 of the Cityof KitchenerMunicipal Code –Heritage Property <br />Consent – Alterations (see Appendix ‘A’). Chapter 642 of the Municipal Code outlines the circumstances <br />and criteria to be used when qualifying a heritage permit alteration application to be processed through <br />delegated approval. In accordance with the Ontario Heritage Act, Chapter 642 of the Municipal Code <br />addresses delegated approval for applications made for Part IV and Part V designated property <br />differently, asdescribedlater in this report.Delegated approval does notapply to demolitions nor to <br />applications where the recommendation is refusal. In such instances, Heritage Kitchener and Council <br />would continue their role in the review and consideration of such applications. <br />*** This information is available in accessible formats upon request. *** <br />Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. <br />2 - 1 <br />