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HomeMy WebLinkAboutCSD-12-034 - Designation of 137-147 King Street East Under the~.?, Staff Repvr~ Kl~rc,n~:r~'~:R Commcrnrry5ervicesDepartmenr www.kitthenertn REPORT TO: Mayor and Members of Council DATE OF MEETING: February 27, 2012 SUBMITTED BY: Alain Pinard, Director of Planning PREPARED BY: Leon Bensason, Coordinator Cultural Heritage Planning 519-741-2306 WARD(S) INVOLVED: 9 DATE OF REPORT: February 16, 2012 REPORT NO.: CSD-12-034 SUBJECT: 137-147 KING STREET EAST DESIGNATION UNDER THE ONTARIO HERITAGE ACT RECOMMENDATION: That pursuant to section 29.15 of the Ontario Heritage Act and in accordance with the Notice of Intention passed by Council on May 9, 2011 save and except removal of the term `roof' from the list of heritage attributes, the by-law to designate 137-147 King Street East attached as Appendix `A' to Community Services Department report CSD-12-034, be adopted. BACKGROUND: On May 9, 2011 City Council passed a Notice of Intention to designate 137-147 King Street East under Part IV of the Ontario Heritage Act. The proposed heritage designation was appealed by the property owner to the Conservation Review Board. Discussions with the owner and his legal representative have resulted in a settlement that would see the heritage designation move forward, with a by-law prepared in accordance with the Notice of Intention passed by Council on May 9, 2011, save for the removal of the term "roof' from the list of heritage attributes. REPORT: Legal and Heritage Planning Staff have met with the owner of 137 -147 King Street East and his legal representative to discuss the property owner's objection to the proposed heritage designation. These discussions have resulted in the owner agreeing to withdraw his objection to the designation, on the condition that the term "roof" be removed from the list of heritage attributes in the designating by-law. At the time of the Notice of Intention to designate 137-147 King Street East, both the roof and roofline were identified as attributes contributing to the design and physical value of the property. It is common practice to reference roof and roofline together in assigning value to features located on the top of a building. In this case, City staff identified the heavy cornice with dentil blocks and metal capping located at the top of 137-147 King Street East as contributing to the design and physical value of the building. In voicing his objection to the proposed designation, the owner of 137-147 King Street East argued that the flat roof of the subject building is neither unique or uncommon for a commercial structure, and does not contribute to the building's design or physical value. City Staff acknowledge that while the flat roof itself may not have specific design or physical value, the straight roofline defined by the heavy cornice does. As a result, Staff advised that it would be willing to support removal of the term "roof" from the list of heritage attributes but not "roofline". Staff do not believe removal of the term "roof" from the list of heritage attributes will compromise the designation or the protection of the roofline as a heritage attribute. The owner has signed Minutes of Settlement with the City agreeing to withdraw his objection to the heritage designation on the condition the term "roof" is removed from the list heritage attributes in the designating by-law. On February 16, 2012 the City received formal notice from the owner of 137-147 King Street East that his objection to the designation has been withdrawn. Consequently, it is now appropriate for Council to direct staff to prepare a by-law in accordance with the Notice of Intention passed by Council on May 9, 2011, save and except removal of the term "roof" from the list of heritage attributes, generally as shown in the by-law attached to this report as Appendix `A'. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: Community Priority -Quality of Life The City has its own unique culture and heritage. The City has places, spaces and stories that enrich, enlighten, and guide growth and development. These cultural heritage resources are integral to the identity of the City, but they also play a significant role in economic development by helping to enhance quality of life, strengthen distinctiveness, stimulate revitalization and attract tourism. Under the Ontario Heritage Act, the City can designate properties of cultural heritage value or interest. Designation publicly acknowledges a property's heritage value and ensures its conservation for the benefit and enjoyment of present and future generations. As a result, designation supports the Quality of Life Community Priority of the City of Kitchener Strategic Plan. FINANCIAL IMPLICATIONS: There are no financial implications. COMMUNITY ENGAGEMENT: Should Council pass the designating By-law, notice of the designation will be served on the property owner and the Ontario Heritage Trust, and published in the local newspaper (The Record), all in accordance with the Ontario Heritage Act. ACKNOWLEDGED BY: Jeff Willmer, Deputy CAO Community Services Department ATTACHMENTS: Appendix `A' - Proposed By-law designating 137-147 King Street East under the Ontario Heritage Act. APPENDIX `A' BY-LAW NUMBER of THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to designate a portion of the property municipally known as 137-147 King Street East in the City of Kitchener as being of cultural heritage value or interest). WHEREAS section 29 of the Ontario Heritage Act, R.S.O. 1990, c. 0.18., authorizes the Council of a Municipality to enact by-laws to designate real property, including all buildings and structures thereon, to be of cultural heritage value or interest. AND WHEREAS the Council of the Corporation of the City of Kitchener has received and considered the recommendations of its municipal heritage committee pertaining to this by-law, arising from Heritage Kitchener's meeting held on May 3, 2011; AND WHEREAS the Council of The Corporation of the City of Kitchener resolved at its Council Meeting held the 9th day of May, 2011 to publish a Notice of Intention to designate the land described as 137-147 King Street East, and which resolution was confirmed by By-law No. 2011-067 passed by the Council of The Corporation of the City of Kitchener at its Council Meeting held the 9th day of May, 2011; AND WHEREAS the Council of The Corporation of the City of Kitchener has caused to be served on the owner of the land and premises known municipally as 137-147 King Street East in the City of Kitchener, and upon the Ontario Heritage Trust, a Notice of Intention to designate as being of cultural heritage value or interest that part of the aforesaid real property more particularly hereinafter described in the attached Schedule "A", and has caused such Notice of Intention to be published in a newspaper having general circulation in the municipality; AND WHEREAS a Notice of Objection was received by the Clerk of the Municipality but was withdrawn prior to a full hearing of the matter scheduled by the Conservation Review Board (File No: CRB1104); AND WHEREAS there are currently no other appeals with respect to the designation of the property; NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as follows: 1. There is designated as being of cultural heritage value or interest the following key attributes of the building where it stands, on the front and side elevations that embody the heritage value of 137-147 King Street East as a representative example of a vernacular commercial building: • the square plan; • the stone foundation; • rugged brick construction; • decorative brickwork and masonry detailing; • date stone that reads "1922"; • precast masonry storefront; • window and door openings; • masonry sills; • wood windows with multiple light transoms; • heavy cornice with dentil blocks and metal capping; • wood doors with semi-circular transom; • roofline; and • painted signage band on the north (west) elevation reading "Conservatory Sales Room". 2. A statement of the property's cultural heritage value or interest is attached hereto as Schedule "A". 3. The City Solicitor is hereby authorized to cause a copy of this by-law to be registered against the portion of 137-147 King Street East described in Schedule "B" attached hereto in the proper land registry office. 4. The Clerk is hereby authorized to cause a copy of this by-law to be served on the owner of the aforesaid property and on the Ontario Heritage Trust and to cause notice of the passing of this by-law to be published in a newspaper having general circulation in the municipality. PASSED at the Council Chambers in the city of Kitchener this day of 2012. MAYOR CLERK SCHEDULE "A" 137-147 King Street East Statement of Cultural Heritage Value or Interest The design and physical values relate to the vernacular architecture of the building which features many intact original elements. The building is a representative example of early 20t" century main street commercial architecture and a rare survivor of this style of building south (east) of Frederick / Benton streets in downtown Kitchener. It features a high degree of detail and craftsmanship including apre-cast storefront, brick and masonry detailing, heavy cornice, and multiple light transoms. The historical and associative values relate to previous and notable tenants associated with individuals and organizations that have made significant contributions to the community. From the 1940s through to the 1970s, the building was the location of the Kitchener Conservatory of Music at a time when the organization's President was founder George Henry Ziegler, a member of the Waterloo Region Hall of Fame. In 1911, George H. Ziegler founded the Ziegler Associated Studios, which later became the Kitchener Conservatory of Music. Instruction was offered in piano, orchestra and band instruments, voice, guitar, theory, and elocution. George was a flautist with the 29t" Regiment Band, the Toronto Philharmonic Orchestra and the Toronto Symphony Orchestra. In addition, he was an organist and choir master at St. Peter's Church, St. Andrew's Church, and Trinity United from 1917-1950. He also organized the Kitchener- Waterloo branch of the Ontario Registered Music Teachers' Association, the Berlin Symphony Orchestra, the Kitchener Ladies' band, and the first Kitchener Boys' Band. He was leader of the 29t" Regiment Band of the Scots Fusiliers of Canada, and of the Kitchener Musical Society Band. The property also has a long time association with various trade union and labour associations from the 1950s through to 2010. It served as headquarters of the K-W Labour Association which included local unions from the Canadian Association of Public Employees, the United Food and Commercial Workers Union, the United Packing House Workers of America, the United Rubber Workers of America, and the United Steel Workers of America. SCHEDULE "B" 137-147 King Street East Legal Description PT LT 5 S/S KING ST, 6 S/S KING ST PL 364 KITCHENER AS IN 302404 & A14451 T/W A124451; S/T & T/W 302404; KITCHENER. Being all of PIN 22501-0053 (LT).