DSD-19-273a - Delegated Authority By-law Update

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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