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HomeMy WebLinkAboutCSD-11-104 - Update to Heritage Easement Agreem Staff ~~ vr~ KITCHEI~~EJR Community Services Department wwavkitchenercn REPORT TO: City Council DATE OF MEETING: August 15, 2011 SUBMITTED BY: Alain Pinard, Director of Planning (519-741-2319) PREPARED BY: Leon Bensason, Coordinator, Cultural Heritage Planning (519-741-2306) WARD(S) INVOLVED: Ward 4 DATE OF REPORT: July 29, 2011 REPORT NO.: CSD - 11-104 SUBJECT: Review and Update to Heritage Conservation Easement Agreement (Homer Watson House & Gallery Property) 1754 Old Mill Road RECOMMENDATION: That authorization be given to the Ontario Heritage Trust to initiate a review of the Heritage Conservation Easement Agreement for the property municipally addressed 1754 Old Mill Road, commonly known as the Homer Watson House & Gallery. BACKGROUND: The Homer Watson House & Gallery is located at 1754 Old Mill Road. The buildings and property are owned by the City of Kitchener, and are subject to a Heritage Conservation Easement Agreement between the City and the Ontario Heritage Trust. The Agreement was registered on January 31, 1991 and serves to protect the cultural heritage significance of the property. The Homer Watson House and Gallery itself is operated by the Homer Watson House Foundation which is run by a volunteer Board of Directors. Both the City and the Homer Watson House Board have an interest in the long term conservation of the property. More recently, the City and the Homer Watson House Board have been working on addressing a number of issues associated with meeting an appropriate and sustainable vision for the property. Staff ~~ vr~ _ ~ KITCH~i~T~,R Camm~nityServ~ces Department wwau:kitchenerca These discussions include a review of current conditions and Agreements, including the existing Heritage Conservation Easement Agreement. The Ontario Heritage Trust has advised that a new template has been established for Heritage Conservation Easement Agreements. The new template provides opportunity for more specific descriptions and greater clarity of heritage attributes. Before the existing Agreement can be reviewed by the Ontario Heritage Trust, permission must be received from the Owner. REPORT: City Staff and the Homer Watson House Board have been meeting to discuss a number of issues aimed at developing an appropriate and sustainable vision and operating framework for the Homer Watson House and Gallery property. These discussions have involved a review of current conditions including existing Agreements such as the Heritage Conservation Easement Agreement registered between the City of Kitchener and the Ontario Heritage Trust. The Ontario Heritage Trust has updated its Heritage Easement Agreement template to provide opportunity for more specific descriptions and greater clarity in identifying the type, location and significance of heritage attributes. The existing Heritage Conservation Easement Agreement for the Homer Watson House and Gallery property was prepared over 20 years ago and lacks the detailed description, plan and photographs that typically form part of Agreements prepared today. Members of the Homer Watson House Board, the Ontario Heritage Trust and City Staff, acknowledge there is merit in reviewing and updating the existing Heritage Conservation Easement Agreement to conform to current standards and practice. It is expected that any review of the existing Agreement would address the same heritage attributes identified under the current Agreement, and would likely result in the drafting of a proposed new Heritage Conservation Easement Agreement. Any proposed new Agreement would be considered at a meeting of Heritage Kitchener, and a recommendation would be made to City Council on whether to enter into the Agreement. Should Council approve entering into the new Heritage Conservation Easement Agreement, the new Agreement would be registered and the former Agreement would be released. The Ontario Heritage Trust advises that permission must be received from the property owner before the Trust can initiate a review of an existing Heritage Conservation Easement Agreement. In this case, a resolution of City Council authorizing the Ontario Heritage Trust to initiate a review of the existing Heritage Conservation Easement Agreement for 1754 Old Mill Road (the Homer Watson House and Gallery property) would be appropriate. Should Council provide such authorization, it is expected that the review process would involve site inspections and could be completed in the Fall of 2011. In addition to the Heritage Conservation Easement Agreement, 1754 Old Mill Road is also designated under Part IV of the Ontario Heritage Act. Designating By-law 80-197 dates to October 1980. Any update to the Heritage Conservation Easement Agreement should be accompanied by a similar update to the heritage designating by-law. Revisions to the Heritage Conservation Easement Agreement and the designating by-law can be considered at the same meeting of Heritage Kitchener and City Council. Staff ~~ vr~ _ ~ KITCHENER Camm~nityServ~[es Department wwavkitchenercn ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: Community Priority -Quality of Life Cultural heritage resources are valuable assets that contribute to the quality of life of a community in a variety of ways. They represent and strengthen the identity and distinctiveness of a community; play a significant role in economic development; stimulate revitalization and attract tourism. Under the Ontario Heritage Act, municipalities can designate properties of cultural heritage value or interest, and enter into restrictive covenants and legal Agreements to ensure that cultural heritage resources are appropriately conserved. The Homer Watson House & Gallery is recognized as an important heritage asset, and is only one of seven properties in Kitchener to be protected through a Heritage Conservation Easement. A review to update the designating by-law and Heritage Conservation Easement Agreement to current standards will ensure that the heritage attributes of the property are properly identified and conserved. FINANCIAL IMPLICATIONS: No financial implications. COMMUNITY ENGAGEMENT: The subject of this report is to request Council's approval to authorize the Ontario Heritage Trust to initiate a review of the existing Heritage Conservation Easement Agreement for the Homer Watson House & Gallery property. Members of the Homer Watson House Foundation Board of Directors are aware of this proposal. An e-mail was also sent to members of Heritage Kitchener Committee advising of the City's intent. It is expected that the review undertaken by the Trust will result in the drafting of a proposed new Heritage Conservation Easement Agreement which will meet current standards and practice. Information associated with the review and update to the Agreement, including the results of on site inspection of the property, will be shared with members of the Homer Watson House Foundation Board of Directors. Any proposed new Agreement will be scheduled for consideration at a meeting of Heritage Kitchener, and a recommendation would be made to City Council on whether to enter into the Agreement. Members of the public would be informed via circulation of a staff report to Heritage Kitchener Committee and through formal consideration of the Committee recommendation by City Council. ACKNOWLEDGED BY: Jeff Willmer, Deputy CAO, Community Services Department