HomeMy WebLinkAboutCSD-13-106 - Repeal of Designating By-law - 31 Young St
REPORT TO:
Special Council
DATE OF MEETING:
October 21, 2013
SUBMITTED BY:
Alain Pinard, Director of Planning
PREPARED BY: Leon Bensason, Coordinator, Cultural Heritage Planning
(519-741-2200 x-7306)
WARD(S) INVOLVED:
Ward 10
DATE OF REPORT:
October 9, 2013
REPORT NO.:
CSD-13-106
SUBJECT:
REPEAL OF DESIGNATING BY-LAW 99-222
PROPERTY FORMERLY MUNICIPALLY KNOWN AS
31 YOUNG STREET (JOHN FORSYTH CO.)
RECOMMENDATIONS:
That the attached by-law be enacted to repeal By-law 99-222 which designated part of
the property formerly municipally known as 31 Young Street in the City of Kitchener as
being of historical and architectural value; and further,
That the by-law be given three readings.
BACKGROUND:
The property formerly municipally known as 31 Young Street was designated under Part IV of
the Ontario Heritage Act under By-law 99-222 on December 13, 1999. The property featured
several buildings associated with the former John Forsyth Co. In 2006, the buildings on the
property were demolished. As a result, the current designating by-law is no longer required to
protect the heritage values and attributes of the site. The conveyance of the lands to the
developer is imminent and the repeal of By-law No. 99-222 will remove the heritage status from
the title of the subject property.
REPORT:
On December 13, 1999 City Council passed By-law No. 99-222 designating part of the property
municipally known as 31 Young Street under Part IV of the Ontario Heritage Act. The reasons
for designation cited the historic and architectural significance of the property, including its
association with the John Forsyth Co. and the presence of buildings in the Queen Anne,
Industrial Vernacular and Art Deco styles.
On January 9, 2006 the City’s Chief Building Official issued an Order for the Remedy of an
Unsafe Condition which called for the immediate demolition of a significant portion of the
Forsyth buildings. The order was issued in response to an independent engineering consultant’s
report concluding that the deterioration of the Forsyth buildings had progressed to the point of
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partial collapse. All buildings, save for the c.1880 Smyth Residence and the 1937 Art Deco
factory addition were demolished in January 2006 in accordance with the CBO’s Order.
Shortly thereafter, the City made application under HPA 2006-IV-001 to remove the two
remaining buildings on the property (c.1880 Smyth residence and 1937 Art Deco addition). On
March 20, 2006, City Council resolved to remove the remaining two buildings on the property,
and directed that the history of the buildings and property be reflected in the new development
on the Centre Block through the use of salvaged and retained materials. The 1937 Art Deco
façade was disassembled and is currently in City storage. Staff can advise that it is anticipated
that Phase II of the City Centre development will include a proposal to re-assemble the 1937 Art
Deco façade within in the public galleria located between King Street West and a central public
courtyard.
With the removal of all buildings associated with the former John Forsyth Co., the subject
property no longer requires heritage protection. The repeal of By-law 99-222 would remove the
designating by-law from the title of the property.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The repeal of By-law 99-222 will remove the designating by-law from the title of the property.
This will serve to reduce the number of encumbrances on title which is ultimately favoured when
redeveloping a property. As a result, the notice of intention to repeal By-law 99-222 will align
with the Kitchener Strategic Plan as it supports the implementation of the Community Priority
Development, with the redevelopment of the City Centre in a manner that is consistent with
Provincial, Regional and Municipal planning policies.
FINANCIAL IMPLICATIONS:
None
COMMUNITY ENGAGEMENT:
In a memo dated May 25, 2011 City staff advised members of Heritage Kitchener that a report
to Council would be forthcoming regarding proceeding with the passage of a by-law having the
effect of repealing By-law 99-222. Members of the community will be informed via formal
consideration by Council. In addition, notice of the passage of the repealing by-law will be
served on the Ontario Heritage Trust, and published in the local newspaper (The Record).
REVIEWED BY
: Brandon Sloan, Manager of Long Range & Policy Planning
ACKNOWLEDGED BY: Michael May, Deputy CAO
Community Services Department
ATTACHMENT:
Appendix ‘A’: Draft by-law to repeal By-law 99-222.
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Appendix ‘A’
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to repeal By-law 99-222
a Designation By-law under the Ontario
Heritage Act designating part of the property formerly
municipally known as 31 Young Street in the City of Kitchener
as being of historical and architectural value).
WHEREAS part of the lands and premises formerly known municipally as 31
Young Street in the City of Kitchener were designated to be of historical and architectural
value by By-law Number 99-222 passed on December 13, 1999 and registered on
December 21, 1999 as Instrument Number 1444451;
AND WHEREAS The Corporation of the City of Kitchener as owner made
application in writing by way of Heritage Permit Application HPA 2006-IV-001 to the
Council of The Corporation of the City of Kitchener for consent to demolition of
buildings on the property formerly known municipally as part of 31 Young Street in
Kitchener;
AND WHEREAS the Council of The Corporation of the City of Kitchener
granted consent to Heritage Permit Application HPA 2006-IV-001 by resolution at its
Council meeting of March 20, 2006, said resolution confirmed by by-law #2006-73;
AND WHEREAS section 34.3 of the Ontario Heritage Act, R.S.O. 1990, Chapter
0.18 (the “Act”), provides that the council of a municipality shall pass a by-law to repeal
a by-law or the part thereof designating a property under section 29 of the Act if the
owner of the property has applied in writing to council for consent to the demolition or
removal of a building or structure on the property and the council consents to the
application under subclause 34(2)(a)(i) of the Act;
NOW THEREFORE the Council of The Corporation of the City of Kitchener
enacts as follows:
1.By-law Number 99-222 is hereby repealed;
2.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, to cause notice of the passing of this by-law to be
published in a newspaper having general circulation in the
municipality; and to cause reference to said property to be deleted
from the Register established in subsection 27 of the Act; and
3.The City Solicitor is hereby authorized to cause a copy of this By-law
to be registered against the whole of the property described in
Schedule “A” hereto (of which the said designated area forms a part)
in the proper land registry office.
PASSED at the Council Chambers in the City of Kitchener this _______ day of
___________, 2013.
____________________
Carl Zehr, Mayor
____________________
Christine Tarling, Clerk
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SCHEDULE “A”
ALLEY PL 362 KITCHENER; LT 1-3 SAVE & EXCEPT 413167, PL 362 & SAVE
AND EXCEPT PTS 10-13 ON 58R-16710, 7-8 PL 362 KITCHENER; LT 5 N/S KING
ST PL 401 KITCHENER; PT LOT 3W PL 401 KITCHENER AS IN 1282803, PT 1 & 2,
58R4454, PT 4, 5 & 7, 58R1391; PT LT 7 BTN YOUNG ST & ONTARIO ST PL 401
KITCHENER PT 1 TO 5, 58R12515; T/W 1495049 EXCEPT EASEMENT THEREIN
RE: PT 3 & 4, 58R5636, S/T & T/W 1495048 EXCEPT EASEMENT THEREIN RE: PT
5 & 7, 58R4454, S/T & T/W 1495053 EXCEPT EASEMENT THEREIN RE: PT 1 & 5,
58R4454, S/T SPOUSAL INTEREST IN 898846; KITCHENER.
Being all of PIN 22316-0226 (LT).
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