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HomeMy WebLinkAboutHK Agenda - 2018-01-09Heritage KitchenerCommittee Agenda Tuesday, January 9, 2018 4:00 p.m. - 5:30 p.m. Office of the City Clerk **Caucus Room** Kitchener City Hall nd (Second Floor - Note Room Change) 200 King St.W. - 2 Floor Kitchener ON N2G 4G7 Page 1 Chair Ms. A. Reid Vice-Chair Mr. S. Hamoen Delegations -law, delegations are permitted to address the Committee for a maximum of 5 minutes. Item 1 - Bridget Coady, Principal Planner, Cultural Heritage, Region of Waterloo - Kate Hagerman, Cultural Heritage Supervisor, Region of Waterloo Item 2 - Vanessa Hicks, MHBC Planning Discussion Items 1. Presentation - Regional Implementation Guidelines (30 min) - Conserving Regionally Significant Cultural Heritage Resources Implementation Guide for Conserving RSCHR - Cultural Heritage Landscape Conservation Implementation Guideline for CHL Conservation To view the guideline in its entirety please visit the following website: www.kitchener.ca 2. Heritage Impact Assessment (HIA) - 883 Doon Village Road (30 min) To view the HIA in its entirety please visit the following website: www.kitchener.ca 3. Heritage Best Practices - Open Forum Sub-Committee Updates (5 min) Information Items Heritage Permit Application Tracking Sheet Dianna Saunderson Committee Administrator ** Accessible formats and communication supports are available upon request. If you require assistance to take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994 ** DRAFT Regional Implementation Guideline Conserving Regionally Significant Cultural Heritage Resources November 2017 1a - 1 Contents 3 A. INTRODUCTION 4 1.0 What are Regionally Significant Cultural Heritage Resources? 5 2.0 Rationale for RSCHR Conservation 6 3.0 Objectives of Undertaking the RSCHR Identification Process 7 4.0 Policy Framework B. CONSERVATION PROCESS 12 C. GUIDELINES 15 I. Identification and Evaluation of Regionally Significant Cultural 15 Heritage Resources II. Documentation of Regionally Significant Cultural Heritage 20 Resources III. Council Approval of Regionally Significant Cultural Heritage 24 Resources IV. Conservation of Regionally Significant Cultural Heritage 28 Resources through a Cultural Heritage Impact Assessment D. GLOSSARY OF DEFINITIONS 35 E. REFERENCE LIST 38 Appendix A - Example of an Evaluated RSCHR 39 1a - 2 A.INTRODUCTION The purpose of the Region of Waterloo Implementation Guideline for Conserving Regionally Significant Cultural Heritage Resources is to provide guidance to applicants, municipal heritage advisory committees (MHACs) and Regional and Area Municipal staff on the implementation of the Regionally Significant Cultural Heritage Resources policies of the Regional Official Plan (ROP) and for the preparation and review of development applications. This document outlines the existing policy context and conservation process for the cultural heritage resources of interest to the Region of Waterloo, and provides further detail for the implementation of ROP policies 3.G.2 to 3.G.4 and 3.G.14 to 3.G.20 through the following sections: Identification and Evaluation of Regionally Significant Cultural Heritage Resources Documentation of Regionally Significant Cultural Heritage Resources Council Approval of Regionally Significant Cultural Heritage Resources Conservation of a Regionally Significant Cultural Heritage Resources through a Cultural Heritage Impact Assessment The ROP relies on implementation guidelines in a number of subject areas to provide additional technical guidance in the application of certain policies. Implementation guidelines elaborate upon ROP policy, but may not be used as a means of development applications or for interfering with the natural justice rights of landowners and the See Policy 10.B.10). The content and scope of Regional Implementation Guidelines is determined through a full, open, and transparent consultation and engagement process with Area Municipalities, other agencies, interested organizations and citizens. Implementation guidelines represent statements adopted by Regional Council that detail the manner in which ROP Policy should be implemented. As relevant ROP policies are updated, added, or deleted, the implementation guidelines must also be revised to ensure conformity with the provisions of the ROP. As stated in the ROP, through the planned conservation cultural heritage resources including heritage resources that are of Regional interest, Waterloo Region will realize the benefits of: a higher quality of life; a stronger and more defined regional identity; a wealth of social, environmental and economic opportunities; and a broader foundational understanding of the people and places of our past. 1005390 3 1a - 3 1.0 What are Regionally Significant Cultural Heritage Resources (RSCHR)? RSCHR are significant built heritage resources and cultural heritage landscapes identified as being valued for the important contribution they make to our understanding of the history, events and/or people of Waterloo Region as a whole. These include but are not limited to: buildings; monuments; bridges and other infrastructure; rivers and waterways; roads; parks and open space; districts; cemeteries; cultural heritage landscapes; and, archaeological sites. To further illustrate potential resources that may possess Regional significance, the following chart outlines groupings of RSCHR by theme and lists examples that could be or have been evaluated. ThemeExplanationExamples Public Buildings Purpose-built public structures that Galt Post Office have played a central role in the growth and development of the Elmira Carnegie Library Region of Waterloo. Bridges & Infrastructure constructed over the Freeport Bridge, Kitchener Transportation nineteenth and twentieth century Waterloo Train Station that has been integral to the development of the region. West Montrose Covered Bridge Industry & In the nineteenth and twentieth Kitchener Warehouse District Cultural Commerce centuries there were many Heritage Landscape manufacturing industries which were fundamental to economic Sheave Tower, Cambridge development. Outdoor Spaces Scenic roads and landscaped Huron Road, Kitchener & Corridors public parks and open spaces contribute to the rurban form and sense of place. Potential Waterloo Park, Waterloo exists to be designated as Cultural Heritage Landscapes. Early Settlements Small, early settlements that have New Hamburg, Township of Wilmot not evolved into large settlements may demonstrate the early development of Waterloo County, while containing other element(s) of Maryhill, Township of Woolwich interest. Potential exists to be 1005390 4 1a - 4 designated as Cultural Heritage Landscapes. Places of Early residences of significant Joseph Schneider Haus, Kitchener Residence regional citizens, work of an outstanding architect or builder, Castle Kilbride, Township of Wilmot sites where historic events took place, or those illustrating unique styles of architecture/building Homer Watson House & Gallery, materials contributing to the Kitchener physical character of the region. Places of Worship Religion was very important to First Mennonite Church, Kitchener (first many of the early settlers in church in Berlin) Waterloo County. As churches were Detweiler Meetinghouse, Roseville, often the centre of community life, North Dumfries (only surviving stone many towns developed physically meetinghouse built by Mennonite and culturally around them. pioneers) Burial Grounds Historic burial grounds and Woodland Cemetery Cultural Heritage cemeteries are associated with Landscape, Kitchener many significant places of worship and early pioneers. Potential also Pioneer Memorial Cemetery, Kitchener exists to be designated Cultural Heritage Landscapes. Aboriginal Sites Aboriginal sites provide information Huron Natural Area, Kitchener on the lifestyles and lives of people who lived in the region before European contact. More research is needed on the prehistory of Waterloo Region. 2.0 Rationale for RSCHR Conservation Conserving a RSCHR means identifying, protecting, using and/or managing a resource in such a way that the heritage value, attribute s and integrity of the property are retained for the benefit of the region, province or nation. This identification will support the conservation and future designation of individual heritage resources and of cultural heritage landscapes that contribute to the character of Waterloo Region. The conservation efforts outlined in this implementation guideline will be undertaken in partnership with Area Municipalities to support and assist them in protecting and managing RSCHR. Note: Identifying a resource as Regionally significant will not replace the Area Municipal responsibility to d esignate property, nor will it replicate the level of protection provided through listing on an Area Municipal Register or an Ontario Heritage Act designation. The conservation of RSCHR provides the following benefits: 1005390 5 1a - 5 Sense of Place - cultural heritage resources, combined with stories of the past, provide a physical and psychological foundation for our regional identity. RSCHR provide important information about, and opportunities for, understanding the events, processes and activities that have shaped, and are continuing to shape, our region. Authenticity RSCHR often support ongoing traditions and reflect particular ways of life. They cultural heritage continuum: learning from the multilayered past; enjoying the vibrancy of the present; and creating meaningful linkages for the future. Quality of Life RSCHR provide economic, environmental, social and cultural benefits through aesthetic, ecological, recreational and educational opportunities. Conserving RSCHR s will make our region a better place to live, work, play and visit. 3.0 Objectives of Undertaking the RSCHR Identification Process Undertaking the process to identify a RSCHR ensures that cultural heritage resources are proactively identified and that the necessary information is available to effectively consider cultural heritage conservation during the land use and infrastructure planning process. Priority-based Planning The RSCHR Conservation Process is a tool to manage change. The process will be used to better inform land use and infrastructure planning decisions and is not meant to negatively impact permitted land uses. Conservation of cultural heritage resources is often one of many planning priorities (i.e. increasing land-use density, economic development, encouraging tourism or recreation, environmental conservation, increasing transportation choice, providing affordable housing). Full consideration of all priorities, including RSCHR conservation, during the land use and infrastructure planning process will result in the best possible development or construction/rehabilitation solution that meets as many priorities as possible. It is important to note there may be cultural heritage resources in the region that have not been identified in any fashion, or even known about. These resources may be of equal or greater value to an identified RSCHR. The process of identifying RSCHR s does not diminish the value of other unidentified cultural heritage resources, it simply facilitates the conservation of an identified RSCHR through the development application review process. Increased Transparency An up to date list of identified RSCHR will be available Maintaining a list of RSCHR is a means of making Regional and Area Municipal staff, developers, property owners and the public aware of the historically significant cultural heritage resources within the community that are to be conserved. 1005390 6 1a - 6 Informed Decision Making Identified RSCHR are supported by documentation that includes an evaluation against 10 criteria approved by Regional Council that highlight a resources significant cultural heritage value or interest. This research provides the foundation of information on which the determination of Regional Significance will be based and proposed development, site alteration and infrastructure projects will be reviewed. Effective Heritage Protection Identifying a RSCHR does not provide formal protection to the resource. The RSCHR Conservation Process documents the cultural heritage value, requires the consideration of formal heritage recognition or designation of the RSCHR by the Area Municipality, and can be used to trigger heritage review of proposed development applications, and Regional infrastructure projects. As with all cultural heritage resources, identified RSCHR should be considered for protection through existing and new Ontario Heritage Act designations, conservation easements, Area Municipal register listings, and through the implementation of recommendations made within Cultural Heritage Impact Assessments (CHIA). 4.0 Policy Framework RSCHR will be conserved through complementary policy provisions at the Provincial, Regional and Area Municipal level. The following section outlines the existing policy provisions at the Provincial and Regional level and a recommended policy approach for the Area Municipal level. 4.1Provincial Legislation herita Conserved is defined as the identification, protection, management and use of built heritage resources, cultural heritage landscapes and archaeological resources in a manner that ensures their cultural heritage value or interest is retained under the Ontario Heritage Act. This may be achieved by the implementation of recommendations set out in a conservation plan, archaeological assessment, and/or heritage impact assessment. Mitigative measures and/or alternative development Provincial legislation requires municipalities to conserve significant cultural heritage resources, and provides a wide variety of planning and financing tools (under the Planning Act, the Ontario Heritage Act, the Municipal Act, etc.) to municipalities that can be used for the conservation of cultural heritage resources that may include resources that are Regionally significant. Section 27 of the Ontario Heritage Act requires Area Municipalities to keep a current, publicly accessible register of properties of cultural heritage value or interest situated in the municipality. As of 2005, the Ontario Heritage Act also allows Area 1005390 7 1a - 7 Municipalities to include on the Municipal Heritage Register, properties of cultural heritage value that have not been designated. Listing on a municipal register is a means to formally identify properties that may have cultural heritage value or interest to the community. It is an important tool in planning for their conservation and now provides a measure of interim protection. Upper-tier municipalities are not enabled to list resources on a register through the Ontario Heritage Act. The Regional Municipality of Waterloo has established a Waterloo Region Heritage Inventory (WRHI) that aims to include cultural heritage resources of interest to the Region, also known as RSCHR, with the understanding that the inclusion of these resources on the Inventory provides no legislative or statutory effect on those cultural heritage resources. This list of RSCHR is to be forwarded to Area Municipalities for their consideration for inclusion in their registers. The Ministry of Tourism, Culture and Sport encourages communities to conserve cultural heritage resources, such as RSCHR, by ensuring they are identified, listed, researched, evaluated and protected. It is up to municipalities to use the most effective and appropriate tools available at each step of this process to ensure the ongoing conservation of the cultural heritage resources within their jurisdiction. 4.2 Regional Policy The ROP (2009-2029) contains the following policies specifically related to the conservation of RSCHR. 3.G.2 The Region will prepare and update a Regional Implementation Guideline for Conserving Regionally Significant Cultural Heritage Resources. In accordance with the Ontario Heritage Act, this guideline will outline the criteria and processes the Region will follow to identify and conserve cultural heritage resources of Regional interest including regional roads that have cultural heritage value or interest. 3.G.3 Area Municipalities will identify cultural heritage resources by establishing and maintaining a register of properties that are of cultural heritage value or interest. Area Municipalities will include on their register properties designated under Part IV, V or VI of the Heritage Act, and will consider including, but not be limited to, the following additional cultural heritage resources of cultural heritage value or interest: a) properties that have heritage conservation easements or covenants registered against title; b) cultural heritage resources of Regional interest; and c) cultural heritage resources identified by the Grand River Conservation Authority and the Federal or Provincial governments. 3.G.4 The Region will coordinate and maintain a region-wide inventory of cultural heritage resources that are: a) listed on registers established and maintained by Area Municipalities; 1005390 8 1a - 8 b) identified by the Federal or Provincial governments, and the Grand River Conservation Authority; c) identified through research by the Region, Area Municipalities, post- secondary institutions or local historical societies; d) of Regional interest; or e) owned by the Region. RSCHR are also subject to ROP policies 3.G.14 to 3.G.20 that deal with CHIAs. 4.3 Area Municipal Policy General policies for the conservation of cultural heritage resources, which include RSCHR, must be included in an Area Municipal Official Plan (OP) in order for the plan to be consistent with the ROP and the PPS. General RSCHR conservation policies found in Area Municipal Official Plans include, but are not limited to a commitment by the Area Municipality to: Identify cultural heritage resources by establishing and maintaining a register of properties that are of cultural heritage value or interest. Area Municipalities will include on their register properties designated under Part IV, V or VI of the Ontario Heritage Act, and will consider including cultural heritage resources of Regional interest; Where a CHIA required under Policy 3.G.13 relates to a cultural heritage resource of Regional interest that is listed on the Municipal Heritage Register, the Area Municipality will ensure that a copy of the assessment is circulated to the Region for review. In this situation, the CHIA submitted by the owner/applicant will be completed to the satisfaction of both the Region and the Area Municipality; and, Where a development application includes, or is adjacent to, a cultural heritage resource of Regional interest that is not listed on a Municipal Heritage Register, the owner/applicant will be required to submit a CHIA completed to the satisfaction of the Region. Associated RSCHR conservation policies within the ROP encourage the Area Municipality to consider pursuing designation of RSCHR under the Ontario Heritage Act, if not already formally protected through designation. 4.4 Expectations and Outcomes of ROP Policies and this Implementation Guideline Implementation of the ROP RSCHR conservation policies using this implementation guideline will result in: Comprehensive region-wide identification and evaluation of RSCHR; 1005390 9 1a - 9 Documentation of individual RSCHR through evaluation documents; Listing of RSCHR on the WRHI; and, Regional authority to provide comment on and require CHIAs to support proposed development applications within or adjacent to an identified RSCHR. 4.5 Region of Waterloo Heritage Planning Advisory Committee Mandate The Region of Wadvises the Region on heritage policies, implementation, issues and strategies. Committee, in accordance with the policies in Chapter 3 of the ROP, will fulfil its mandate under the direction of the Community Services Committee and the Commissioner of Planning, Development and Legislative Services. Upon request from the Commissioner of Planning, Development and Legislative Services, they will: a) Advise on heritage matters that are in accordance with the ROP; b) Assist in monitoring the implementation of the ROP policies and their impact on cultural heritage resources; c) Review and comment on development applications, Environmental Assessments, and other processes that may impact cultural heritage resources of Regional interest; d) Review and comment on Regional projects that may impact cultural heritage resources; e) Assist the Region and supporting Area Municipalities in developing new heritage policies and strategies; f) Assist in the implementation of the Ontario Heritage Act in matters of Regional jurisdiction; and, g) Comment on policies, plans, programs or legislation of other bodies for the promotion and/or conservation of heritage in the region. The HPAC will endeavour to increase public awareness and understanding about heritage issues of Regional interest and will undertake or support research on cultural heritage resources and issues, and will report findings to Regional Council, Area Municipal Councils and the public, as appropriate. See the HPAC Terms of Reference for more details on vision and duties. 1005390 10 1a - 10 4.6 Role of the Region of Waterloo HPAC As a result of the cHPAC identified the need to create a process to evaluate and conserve RSCHR. In 2002, Council approved the ten (10) criteria evaluation developed by HPAC to identify Regional Significance. HPAC advisory role in the identification and conservation of candidate RSCHR is based on the points discussed in section A.4.4 above. The committee will advise on the prioritization and recommendation of properties identified as RSCHR, and will review and comment on the evaluation of candidate properties through the application of Council approved criteria (see Section C). HPAC will also review and provide comment on CHIAs related to identified RSCHRs as part of the heritage review process (during both the development application review and Environmental Assessment processes). 1005390 11 1a - 11 B. CONSERVATION PROCESS The following process for conserving RSCHR has been developed to ensure that they are recognized early in the land use planning process, and that comprehensive information on the cultural heritage resources and attributes of the RSCHR are available when making land use decisions. The Regionally Significant Cultural Heritage Resources Conservation Process includes: Identifying and evaluating candidate RSCHR; Documenting RSCHR in a consistent format; Undertaking stakeholder and Area Municipal consultation and engagement before formally identifying RSCHR; Requesting Regional Council approval of RSCHR; Including R SCHR on the WRHI; and, Reviewing proposed development, site alteration,and public works projects within or adjacent to identified RSCHR to determine whether the cultural heritage resources and attributes associated with the RSCHR will be conserved. The Regionally Significant Cultural Heritage Resources Conservation Process has six key steps that will be undertaken through the implementation of the associated guideline. The following chart outlines the connection of each step to the associated section of the guideline. A process chart is included on the following page. Key StepsAssociated Section of the Guideline Identification and Evaluation of 1 Preliminary Identification of Regionally Significant Cultural Heritage Candidate RSCHR Resources (Section I) 2 Evaluation of Regional Significance Documentation of Regionally Significant 3 Documentation of RSCHR Cultural Heritage Resources (Section II) 4 Property Owner Notification Council Approval of Regionally Significant Cultural Heritage Resources 5 Council Approval and Update of (Section III) WRHI Conservation of Regionally Significant 6 Conserving RSCHR through the Cultural Heritage Resources through a Development Application Review Cultural Heritage Impact Assessment Process and Ongoing Monitoring (Section IV) 1005390 12 1a - 12 Individual attributes of RSCHR will continue to be protected through existing and new Ontario Heritage Act designations by Area Municipalities, conservation easements and Area Municipal Heritage Register listings, and through the implementation of recommendations made within CHIAs. 1005390 13 1a - 13 Conservation Process Chart Preliminary Research and Identification of Candidate RSCHR Step 1 Evaluation of Candidate NOT a RSCHR Against Criteria for Step 2 Regionally Determining Regional Significant Consultation/ Significance Resource engagement with HPAC, property owners, Area Municipal staff and other stakeholders Regionally Significant Resource Step 3 Evaluation Document Completed Objectives of RSCHR Identification It is expected that the majority of RSCHR are, or will be, formally recognized at the by the Area Municipality (i.e. municipal designation or listing). Property Owner RSCHR Step 4 All properties formally recognized by the Area Listing Process Notification, Municipality may be subject to CHIA as a result of HPAC Consideration and future development applications under the Recommendation to Council. Planning Act. For RSCHR, the Region may comment on a CHIA s required by an AM or require a CHIA if one has not been required by the AM. Preparation of Report Recommending Council Approval (more than one RSCHR may be ready for approval at a time) Additional Notification(s) Sent to Property Owner(s) Step 5 Forwarded to Area Municipality If Approved by for Consideration for Inclusion in Council, Added to Municipal Heritage Register and WRHI Potential Designation under Ontario Heritage Act Step 6 Conserved as a R Development Application Review Process Through CHIA Requirement by the AM with Regional Review or by the Region 1005390 14 1a - 14 C. GUIDELINES I.Identification and Evaluation of Regionally Significant Cultural Heritage Resources Regional Official Plan 3.G.2 The Region will prepare and update a Regional Implementation Guideline for Conserving Regionally Significant Cultural Heritage Resources. In accordance with the Ontario Heritage Act, this guideline will outline the criteria and processes the Region will follow to identify and conserve cultural heritage resources of Regional interest including regional roads that have cultural heritage value or interest. 3.G.4 The Region will coordinate and maintain a region-wide inventory of cultural heritage resources that are: a) listed on registers established and maintained by Area Municipalities; b) identified by the Federal or Provincial governments, and the Grand River Conservation Authority; c) identified through research by the Region, Area Municipalities, postsecondary institutions or local historical societies; d) of Regional interest; or e) owned by the Region. 3.G.11 The Region will maintain a Heritage Planning Advisory Committee to advise the Region on the implementation of the heritage policies in this Plan and other heritage issues of Regional interest, in accordance with the Terms of Reference adopted and periodically reviewed by Regional Council. Application In accordance with policy 3.G.2, 3.G.4 and 3.G.11 of the Regional Official Plan(ROP), this section of the guideline will apply when Regional staff and the Regional Heritage Planning Advisory Committee (HPAC) are identifying candidate RSCHR and evaluating the Regional significance of the candidate RSCHR. Cultural heritage resources determined to be Regionally significant are also subject to policies 3.G.14 to 3.G.16. Purpose The purpose of this section of the guideline is to ensure an efficient, consistent, comprehensive and defensible process is used to identify Regionally Significant Cultural Heritage Resources (RSCHR) worthy of conservation within the Region of Waterloo. 1005390 15 1a - 15 Identification and Evaluation of RSCHR RSCHR are defined as significant built heritage resources and cultural heritage landscapes identified as being valued for the important contribution they make to our understanding of the history, events or people of Waterloo Region as a whole. These include but are not limited to: Buildings, Monuments, Bridges and other infrastructure, Rivers and waterways, Roads, Parks and open space, Districts, Cemeteries, Cultural heritage landscapes, and, Archaeological sites. 1.0 Regional Cultural Heritage staff and the HPAC will develop a list of candidate RSCHR. 1.1 The list of candidate RSCHR will include, but not be limited to: a) Resources that illustrate an aspect of the social, cultural, political, economic, or technological history or development of the region, for example: i. Educational institutions, ii. Government buildings, iii. Religious institutions, iv. Manufacturing and industrial buildings (see section A.1 for a more complete list of resource themes); b) Resources that are associated with a historical event of importance on a regional, provincial, national or international scale; and, c) Resources that are associated with person(s) recognized as having made a significant contribution to development or influenced events on a regional, provincial, national or international stage 1.2 HPAC and Cultural Services staff will utilize various sources to identify candidate RSCHR including, but not limited to: a) Public Building Inventory; b) Municipal Heritage Registers; c) Cultural Heritage Landscape Technical Studies; d) Heritage Bridge Studies; e) Previously indicated Sites of Regional Heritage Significance; f) Other local inventories, i.e. Walking Tours, etc. and, g) Public consultation and engagement. 1005390 16 1a - 16 1.3 HPAC and Cultural Services staff will undertake a consultation and engagement process with Area Municipal staff, property owners, Municipal Heritage Committees and community stakeholders to develop and refine the list of candidate RSCHR and seek any additional information that may aid in the evaluation process. 2.0 Regional staff will research the significance of each candidate RSCHR based on a ten (10) criteria evaluation as approved by Regional Council in 2002 (P-02- 083) . The fulfillment of at least four (4) criteria determines significance. The candidate RSCHR is evaluated on: a) Recognition; b) Rare or early period of creation; c) Design; d) Association with significant person(s); e) Association with significant event(s); f) Illustration of development; g) Contribution to landscape; h) Potential for tourism; i) Contribution to regional character; and, j) Historical association with the Grand River 2.1 The RSCHR or element(s) within the RSCHR may be recognized on an Area Municipal Heritage Register, and or Regionally, Provincially or Nationally under various legislation. 2.2 The RSCHR may be rare or date from a prehistoric or early historic period. a) The prehistoric period is outlined by the Ontario Archaeological Society as the time from the first arrival of Ice Age Paleo-Indian hunters until the arrival of European fur traders and missionaries in the seventeenth- century. b) The early historic period comprises the post-contact period, and continues until the formation of Waterloo County in 1850. 2.3 The RSCHR or element(s) within the RSCHR may serve as an example of the work of an outstanding regional, national, or international architect, engineer, builder, designer, landscape architect, interior designer, or sculptor, or as an example of vernacular architecture. a) Vernacular architecture includes all architecture that does not employ recognizable style. Distinguishable traits tend to be unique to each locality, often reflecting the ethnic origin of the builder, and demonstrate the influences of local climate, geology, geography, and economics on 1005390 17 1a - 17 building construction. Vernacular architecture is found in a repeating pattern, or has repeated use of similar features. 2.4 The RSCHR may be associated with a person(s) recognized as having made a significant contribution to the social, cultural, political, economic, technological or physical development or as having materially influenced the course of regional, provincial, national, or international events. 2.5 The RSCHR may be associated with an historic event which is recognized as having regional, provincial, national, or international importance, having a significant or lasting impact on society. 2.6 The RSCHR may be an example and illustration of the prehistoric or historic social, cultural, political, economic, or technological history or development. 2.7 The RSCHR may contribute to the urban or rural composition, streetscape, view shed, or landscape of which it forms a part of. a) Heritage or cultural landscapes can include gardens, parks, open space, urban streetscapes, and rural landscapes. They illustrate broad patterns of land use over time. b) A view shed, or view plane, can be used to recognize and preserve valued features of heritage landscapes. View sheds are determined by both height and breadth of a view from an advantageous location. 2.8 The RSCHR may have the potential to contribute to commercial tourism or other development based on heritage and/or culture. a) Factors have been identified to determine whether a site can be adapted for heritage tourism. These factors are: Adaptability, where re-use will not compromise the significant architectural elements; Compatibility with the current zoning; The capacity for education or museum use; Integrity of the site; and, Whether the cost to conserve and maintain the site is sustainable 2.9 The RSCHR or element(s) within the RSCHR may serve as a good example of vernacular architecture or part of a group of similar bridges/structures/ landscapes which contribute to the particular "look" or of the region. 2.10 The RSCHR or element(s) within the RSCHR may be part of a group of historically associated structures which may be totally within the region or 1005390 18 1a - 18 which may be part of a larger area within the context of the Grand River as a nationally designated Heritage River. a) The Grand River is recognized under the Canadian Heritage River Program, from a historical and natural heritage perspective. The entire watershed system was included in the designation, so the Nith, Conestoga, Speed and Eramosa tributary rivers are also designated. 1005390 19 1a - 19 II.Documentation of Regionally Significant Cultural Heritage Resources Regional Official Plan 3.G.2 The Region will prepare and update a Regional Implementation Guideline for Conserving Regionally Significant Cultural Heritage Resources. In accordance with the Ontario Heritage Act, this guideline will outline the criteria and processes the Region will follow to identify and conserve cultural heritage resources of Regional interest including regional roads that have cultural heritage value or interest. 3.G.3 Area Municipalities will identify cultural heritage resources by establishing and maintaining a register of properties that are of cultural heritage value or interest. Area Municipalities will include on their register properties designated under Part IV, V or VI of the Heritage Act, and will consider including, but not be limited to, the following additional cultural heritage resources of cultural heritage value or interest: a) properties that have heritage conservation easements or covenants registered against title; b) cultural heritage resources of Regional interest; and c) cultural heritage resources identified by the Grand River Conservation Authority and the Federal or Provincial governments. 3.G.4 The Region will coordinate and maintain a region-wide inventory of cultural heritage resources that are: a) listed on registers established and maintained by Area Municipalities; b) identified by the Federal or Provincial governments, and the Grand River Conservation Authority; c) identified through research by the Region, Area Municipalities, postsecondary institutions or local historical societies; d) of Regional interest; or e) owned by the Region. Application In accordance with policies 3.G.2 and 3.G.4 of the Regional Official Plan (ROP), this section of the guideline will apply when an evaluation document is being developed for resources identified as a Regionally Significant Cultural Heritage Resources (RSCHR). 1005390 20 1a - 20 Purpose The purpose of this section of the guideline is to ensure appropriate and consistent methods and report formats are applied in the preparation of RSCHR valuation documents. Compliance with this section will help to minimize the time required to prepare RSCHR evaluations. Objective RSCHR evaluation documentation also serves the following purposes: Information to share with property owners and to provide an understanding of the rationale used to determine Regional significance; Information to share with Area Mu accuracy and completeness, and to encourage local recognition under the Ontario Heritage Act if the cultural heritage resource has not been formally protected; and, To aid the Region in providing comments during the development application review process. 1005390 21 1a - 21 Documentation of RSCHR The RSCHR evaluation documentation is an important foundational document developed and maintained by Regional staff in consultation and engagement with HPAC, Area Municipal staff, property owners and community stakeholders. The document will include the information gathered during the research period prior to the formal identification of the RSCHR. The RSCHR evaluation documents will include, but is not limited to the following requirements: 1.0 Background Information A chart including the following information to familiarize the reader with the RSCHR: Name of the cultural heritage resource; Description of the cultural heritage resource (i.e. the property and the principal resources that form the property such as buildings, structures landscapes, remains, etc.) Evaluation date; Address and location; Creation or construction date(s); Architect/builder/designer etc. name(s); Person(s) or groups associated; Previous and current use(s); Vantage points; Public access; and, Protection or designations. 2.0 The Evaluation The evaluation will include the following components: 2.1 A description and listing of the key heritage attributes of the resource that must be retained to conserve the cultural heritage value or interest. 2.2 A chart outlining the ten (10) criteria for determining significance, and written statements for those the RSCHR meets (See Section I - Identification and Evaluation of Regionally Significant Cultural Heritage Resources for the criteria and explanations and See Appendix A for an example of an evaluated RSCHR); and, 1005390 22 1a - 22 2.3 A statement of the cultural heritage value or interest, or basically a summary of the evaluation, described above, explaining the cultural meaning, associations and connections the cultural heritage resource holds for the Region and/or Province. 3.0 Bibliography and Sourcing Notes A bibliography and sourcing notes should be included in the evaluation chart documenting where information was gathered 4.0 Optional Aids The location, dates and names of photographs and any other aids should be included at the bottom of the Background Information chart 1005390 23 1a - 23 III.Council Approval of Regionally Significant Cultural Heritage Resources Regional Official Plan 3.G.4 The Region will coordinate and maintain a region-wide inventory of cultural heritage resources that are: a) listed on registers established and maintained by Area Municipalities; b) identified by the Federal or Provincial governments, and the Grand River Conservation Authority; c) identified through research by the Region, Area Municipalities, postsecondary institutions or local historical societies; d) of Regional interest; or e) owned by the Region. Application In accordance with policy 3.G.4 of the Regional Official Plan (ROP), this section of the guideline will apply when the Region is proposing to include Regionally Significant Cultural Heritage Resources (RSCHR) on the Waterloo Region Heritage Inventory (WRHI). Purpose The purpose of this section of the guideline is to ensure appropriate and consistent methods and approaches are applied in the addition of RSCHR on the WRHI. Objective The addition of RSCHR on the WRHI: Enables the Region to proactively identify a valued cultural heritage resource; Ensures property owners and applicants are aware of, and engaged /consulted about, the presence of RSCHR; Triggers the consideration of inclusion of the RSCHR on Area Municipal Heritage Registers, upon the request of Regional Council (Such a request will be made within the RSCHR approval report); and, Allows Area Municipalities or the Region to require a Cultural Heritage Impact Assessment (CHIA) to ensure that a proposed development will conserve the cultural heritage resources and attributes of the RSCHR: a) Where a CHIA required under Policy 3.G.13 relates to a cultural heritage resource of Regional interest that is listed on an Area 1005390 24 1a - 24 Municipal Heritage Register, the Area Municipality will ensure that a copy of the assessment is circulated to the Region for review. In this situation, the CHIA submitted by the owner/applicant will be completed to the satisfaction of both the Region and the Area Municipality; and, b) Where a development application includes, or is adjacent to, a cultural heritage resource of Regional interest that is not listed on an Area Municipal Heritage Register, the owner/applicant will be required to submit a CHIA completed to the satisfaction of the Region. 1005390 25 1a - 25 Council Approval of RSCHR In accordance with RSCHR ROP policies, the WRHI will be updated to include RSCHR: 1.0 Once a resource has been evaluated and determined to be a candidate RSCHR: 1.1 The property owner will be notified that their property has been evaluated and is being recommended as a candidate RSCHR. The rationale for, and impacts of identification of the RSCHR will be provided, and their feedback on the candidacy will be solicited; 1.2 An Information Report recommending the inclusion of the RSCHR, or grouping of RSCHR, on the WRHI will be forwarded, along with completed evaluation documents, to Area Municipal Staff, HPAC and other appropriate agencies for comment and consideration; 1.3 Property owners will be notified of the scheduled HPAC meeting where recommendations will be made to include the RSCHR on the WRHI. If a property owner would like recommendation, they can register as a delegation to attend this meeting; and, 1.4 Following the HPAC meeting a report recommending the inclusion of the RSCHR, or grouping of RSCHR, on the WRHI will be prepared by Cultural Heritage staff for Council using the information gathered during the identification, evaluation and consultation/engagement process, including the completed evaluation document. Property owners will be circulated a link to this report and can register as a delegation at the Council meeting if they would like to comment on the recommendation. 2.0 A previously unevaluated candidate RSCHR may also be identified as a result of a development application. In this case, the proponent proposing the development or infrastructure improvement project is encouraged to conserve the resource until its Regional significance is evaluated, the consultation and engagement process has been undertaken, and a report recommending inclusion on the WRHI is approved by Council. 3.0 If the RSCHR is approved by Council for inclusion on the WRHI: 3.1 RSCHR property owners will be informed of inclusion of the resource on the WRHI; 3.2 The property will be included on the WRHI mapping for internal review. The WRHI includes an official name, address and summary information from the completed evaluation document; 1005390 26 1a - 26 3.3 The updated list of RSCHR identified on the WRHI will be forwarded to Area Municipal staff for consideration of inclusion on their Municipal Heritage Register and for potential designation under the Ontario Heritage Act, and forwarded to other appropriate agencies for reference; and, 3.4 The list of RSCHR included on the WRHI will be routinely updated and hosted on the Region of Waterloo website. 4.0 Inclusion of a RSCHR to the WRHI will allow the Region and/or Area Municipalities to require the completion of a CHIA as part of the heritage review process (during both the development application and Environmental Assessment processes) as per ROP Policies 3.G.14 to 3.G.16. 1005390 27 1a - 27 IV.Conservation of Regionally Significant Cultural Heritage Resources through a Cultural Heritage Impact Assessment Regional Official Plan 3.G.4 The Region will coordinate and maintain a region-wide inventory of cultural heritage resources that are: a) listed on registers established and maintained by Area Municipalities; b) identified by the Federal or Provincial governments, and the Grand River Conservation Authority; c) identified through research by the Region, Area Municipalities, postsecondary institutions or local historical societies; d) of Regional interest; or e) owned by the Region. 3.G.14 Where a Cultural Heritage Impact Assessment required under Policy 3.G.13 relates to a cultural heritage resource of Regional interest, the Area Municipality will ensure that a copy of the assessment is circulated to the Region for review. In this situation, the Cultural Heritage Impact Assessment submitted by the owner/applicant will be completed to the satisfaction of both the Region and the Area Municipality. 3.G.15 Where a development application includes, or is adjacent to, a cultural heritage resource of Regional interest which is not listed on a Municipal Heritage Register, the owner/applicant will be required to submit a Cultural Heritage Impact Assessment to the satisfaction of the Region. 3.G.16 The Region will undertake a Cultural Heritage Impact Assessment and consult with the Area Municipality and the Regional Heritage Planning Advisory Committee prior to planning, designing or altering Regional buildings or infrastructure that may affect a cultural heritage resource listed on the region- wide inventory described in Policy 3.G.4. The Cultural Heritage Impact Assessment will be reviewed and approved in accordance with the policies in this Plan. 3.G.17A Cultural Heritage Impact Assessment will include, but not be limited to the following: a) historical research, site analysis and evaluation; b) identification of the significance and heritage attribute s of the cultural heritage resource; c) description of the proposed development or site alteration; d) assessment of development or site alteration impacts; e) consideration of alternatives, mitigation and conservation methods; f) schedule and reporting structure for implementation and monitoring; and g) a summary statement and conservation recommendations. 1005390 28 1a - 28 Regional Official Plan 3.G.18 Where a Cultural Heritage Impact Assessment required in this Plan relates to a cultural heritage resource of Regional interest, the conservation recommendations will, wherever feasible, aim to conserve cultural heritage resources intact by: a) recognizing and incorporating cultural heritage resources and their surrounding context into the proposed development in a manner that does not compromise or destroy the cultural heritage resource; b) protecting and stabilizing built heritage resources that may be underutilized, derelict, or vacant; and c) designing development to be physically and visually compatible with, and distinguishable from, the heritage resource. 3.G.19 Where it is not feasible to conserve a cultural heritage resource intact in accordance with Policy 3.G.18, the conservation recommendations will: a) promote the reuse or adaptive reuse of the resource, building, or building elements to preserve the resource and the handiwork of past artisans; and b) require the owner/applicant to provide measured drawings, a land use history, photographs and other available documentation of the cultural heritage resource in its surrounding context. 3.G.20 Cultural Heritage Impact Assessments may be scoped or waived by the Region or the Area Municipality as applicable. Application In accordance with policies 3.G.14 to 3.G.20 of the Regional Official Plan (ROP), this section of the guideline will apply when development is proposed within and/or adjacent to an identified Regionally Significant Cultural Heritage Resource (RSCHR). Purpose The purpose of this section of the guideline is to ensure that Cultural Heritage Impact Assessments (CHIA) are required by Regional staff when appropriate, and are completed effectively in order to facilitate the conservation of RSCHR during the land use planning and development application process. 1005390 29 1a - 29 Conservation of RSCHRthrough a CHIA 1.0 During development application review and Environmental Assessment processes, a CHIA will be required to be submitted to the satisfaction of the Area Municipality and/or the Region, and will include consultation with the Regional Heritage Planning Advisory Committee (HPAC): Where a CHIA required by an Area Municipality relates to a RSCHR, the Area Municipality will ensure that a copy of the assessment is circulated to the Region for review. In this situation, the CHIA submitted by the owner/applicant will be completed to the satisfaction of both the Region and the Area Municipality; Where a development application includes, or is adjacent to, a RSCHR which is not listed on a Municipal Heritage Register or designated under the Ontario Heritage Act, the owner/applicant will be required to submit a CHIA to the satisfaction of the Region; or, When planning, designing or altering Regional buildings or infrastructure that may affect a cultural heritage resource listed on the Waterloo Region Heritage Inventory (WRHI), the Region will undertake a CHIA and consult with the affected Area Municipality. 1.1 ACHIA should be required if the proposed development or Regional infrastructure project may result in potential negative impacts, including the following: Destruction of any, or part of any, cultural heritage resource or attribute of the RSCHR; Alteration that is not sympathetic to, or is incompatible with, the historic fabric and appearance of the RSCHR; Creation of shadows or obstructions that alter the appearance of a cultural heritage resource or attribute, or change the viability of an attribute (e.g. blocking sunlight to natural features or plantings that have been identified as heritage attributes); Isolation of a cultural heritage resource or attribute from its surrounding environments, context or significant relationship; Direct or indirect obstruction of a significant view or vista within, from or of built and natural features; Change in land use where the change in land use negates the cultural heritage value (for example, the change introduces 1005390 30 1a - 30 new development or site alteration into a previously open space that was identified as a heritage attribute such as infill on a battlefield, parkland or similar cultural heritage landscape); Land disturbance such as change in grade that alter soils and drainage patterns or vibrations that occur from construction activity that may adversely affect cultural heritage resources;and/or, Increase in other disturbances such as noise and/or traffic in or near the RSCHR . 2.0 Development applications, Regional infrastructure projects and projects requiring an Environmental Assessment, that have the potential to impact a cultural heritage resource of Regional interest, will be required to submit a CHIA to the satisfaction of the Region. 3.0 Where it is determined that a CHIA is required, it will be prepared by an accredited qualified professional, with individual expertise, recent experience and knowledge relevant to the type of cultural heritage resource within their professional discipline as well as the nature of the development or infrastructure improvement being proposed. This qualified professional may be an architectural or landscape consultant with knowledge of accepted standards of historical research, identification, evaluation and methods of conservation and mitigation. The expertise of more than one qualified professional may be required. For example, a complex property with more than one type of cultural heritage resource may require an historian, a professional engineer an architect, a consultant archaeologist, a landscape architect, and/or heritage planner, etc. Consideration for combining technical assessments should be given so that duplication is minimized and information may be shared readily. The CHIA should outline the : Credentials, qualifications and experience gained through having worked directly on the type of RSCHR being addressed by the CHIA; Demonstrated expertise with the type of cultural heritage resource and the nature of the development or infrastructure improvement being considered; Recent and relevant professional experience in conservation (i.e. within the last three to five years); Experience giving expert testimony on cultural heritage before a provincial tribunal (e.g. the Conservation Review Board, Ontario Municipal Board or Environmental Review Tribunal); and 1005390 31 1a - 31 Ability to ensure Indigenous Communities will be engaged. 4.0 The CHIA will contain, but not be limited to, the following items in accordance with ROP policy 3.G.17, and the draft guidance recently released (Oct. 2017) by the Ministry of Tourism, Culture and Sport A Guide to Cultural Heritage Resources in the Land Use Planning Processes 4.1 Introduction A legal description of the property; A site plan of existing conditions, to include buildings, structures, roadways, driveways, drainage features, trees and tree canopy, fencing, and topographical features; Legislation or process under which the development is being undertaken; Name of the proponent; and, A detailed description of the proposed development and any site alteration. 4.2 Historic background of the Resource Historical research, site analysis and evaluation of the RSCHR, if not previously undertaken by the Area Municipality or Region; A written and visual inventory (photographs) of all elements of the resource that contribute to the cultural heritage value and may include and internal photographs and floor plans cultural heritage resources; Identification of the significance of the cultural heritage resources and their attributes as indicated on the Evaluation form completed for the RSCHR (See Section II of the Guidelines: Documentation of Regionally Significant Cultural Heritage Resources). A description and listing of the key heritage attributes will include but not be limited to: Style, massing, scale or composition; Features of a property related to its function, design or historical associations; Interior spatial configurations; Exterior layout; Materials and craftsmanship; Relationship between a property and its broader setting; Archaeological sites; Natural landforms, vegetation, water features; and/or, Visual setting; and 1005390 32 1a - 32 Include a recommendation as to whether any cultural heritage resources on the subject property are worthy of heritage designation in accordance with Regulation 9/06, Ontario Heritage Act (OHA); 4.3 An assessment of the impacts of the proposed development or site alterationon the RSCHR and attributes There may be negative impacts on cultural heritage resources before, during or after work has been completed. These impacts may be direct or indirect, temporary or permanent. Negative impacts should be described in terms of their effect on specific heritage attributes, as well as their effect on the entire property, even if the proposed development or site alteration only affects a portion of it. 4.4 Identification and evaluation of development alternatives, mitigation and conservation measures that may reduce the adverse impacts of the proposed development on the Resource Evaluation must be completed on the basis of established principals, standards and guidelines for heritage conservation, and alternatives must describe how these standards and guidelines have been applied; Evaluation must address all applicable heritage conservation policies in the Area Municipal and Regional Official Plans, Secondary Plans and other planning documents; Evaluation must also consider the findings of any archaeological assessment(s) and other relevant technical studies that have been separately undertaken; and, Avoidance or not proceeding with the development should always be a considered alternative. NOTE: Commemoration and/or interpretation signage are not mitigation strategies 4.5 Summaries of Community and Indigenous Engagement A description of who was engaged and how. The CHIA should take into account the opinions of interested persons, communities and organizations; and, A description of how comments were incorporated into the recommended approach. 4.6 Recommendations A summary statement of the preferred conservation recommendations; 1005390 33 1a - 33 If there is going to be an impact on the RSCHR, there should be a detailed explanation as to why the impact can not be avoided; If other site alteration or development approaches were evaluated an explanation as to why they were not appropriate, should be included; and, A schedule and reporting structure for implementing the recommended conservation or mitigative or avoidance measures and for monitoring the RSCHR as the proposed development progresses. 4.7 Appendices undertaking the CHIA as described in Section 3.0 above; Bibliography; and, Other relevant documents, maps or photographs. 5.0 CHIAs may be scoped or waived based on the potential negative impacts of the proposed work. 6.0 An approval authority may also require a Conservation Plan for a proposed development, site alteration or infrastructure project in order to conserve the RSCHR. 7.0 Development proponents are encouraged to engage with Area Municipal staff, Regional staff and cultural heritage professionals early in the planning process. Early consultation will provide access to any available background information, ensure that RSCHR are appropriately identified, and enable opportunities for project design to minimize negative impacts and maximize enhancement of the RSCHR. 8.0 If the proposed development or site alteration is changed throughout the development review process and impacts to the RSCHR change, the CHIA will need to be amended to reflect any new impacts. 1005390 34 1a - 34 D.GLOSSARY OF DEFINITIONS Adjacent means lands that are situated in proximity such that development, site alteration or a public works project could reasonably be expected to produce a negative impact on an identified cultural heritage resource. Attribute - A quality or characteristic inherent in or ascribed to a Regionally Significant Cultural Heritage Resource that contributes to the resources cultural heritage value or interest. Attributes for Built Heritage Resources include, but are not limited to: style, massing, scale or composition; features of a property related to its function, design or historical associations; interior spatial configurations; exterior layout; materials and craftsmanship; relationship between a property and its broader setting; archaeological sites; natural landforms, vegetation, water features; and/or, visual setting. Attributes for Cultural Heritage Landscapes include, but are not limited to: architectural details; land-use patterns; circulation networks; relationships between built and natural heritage resources; public access; and/or open space. Built heritage resources one or more significant buildings, structures, monuments, installations or remains associated with architectural, cultural, social, political, economic or military history and identified as being important to the community. These resources may be identified through designation or heritage conservationeasement under the Ontario Heritage Act, or listed by local, regional, provincial or federal jurisdictions. Conserve/conserved/conservation the identification, protection, use and/or management of cultural heritage and archaeological resources in such a way that their heritage values, attributes and integrity are retained. This may be addressed through a conservation plan or heritage impact assessment. Cultural Heritage Impact Assessment (CHIA)a study to determine if cultural heritage resources will be negatively impacted by a proposed development or site alteration. It can also demonstrate how the cultural heritage resource will be conserved in the context of redevelopment or site alteration. Mitigative or avoidance measures or alternative development approaches may also be recommended. Cultural heritage landscape a defined geographical area of heritage significance which has been modified by human activities and is valued by a community. It involves a grouping(s) of individual heritage features such as structures, spaces, archaeological sites and natural elements, which together form a significant type of heritage form, distinctive from that of its constituent elements or parts. 1005390 35 1a - 35 Cultural heritage resources the physical remains and the intangible cultural traditions of past human activities. These include, but are not limited to: buildings (residential, commercial, institutional, industrial and agricultural); cultural heritage landscapes (designed, organic/evolved); structures (water tower; bridge, fence and dam); monuments (cenotaph, statue and cairn); archaeological resources; cemeteries; scenic roads; vistas/viewsheds; culturally significant natural features (tree and landform); movable objects (archival records and artifacts); and cultural traditions (language, stories, music, dance, food, celebrations, art and crafts). Development the creation of a new lot, a change in land use, or the construction of buildings and structures, requiring approval under the Planning Act. Development application an application for approval under the Planning Act. Development applications may include applications for approval of the following: Plans of Subdivision; Plans of Condominium; Consent; Part Lot Control Exemption Bylaws; Official Plan Amendments; and Zone Change Applications. Development applications do not include site plans. Designate/Designated - Designation under the Ontario Heritage Act applies to real property, and helps to recognize and protect the heritage features on that property. Property designation is not limited to buildings or structures but can include groups of buildings, cemeteries, natural features, cultural landscapes or landscape features, ruins, archaeological and marine archaeological sites, or areas of archaeological potential. Designation not only publicly recognizes and promotes awareness of heritage properties, it also provides a process for ensuring that changes to a heritage property are appropriately managed and that these changes respect heritage value. This includes protection from demolition. Environmental Assessment a process for the authorization of an undertaking under legislation such as the Environmental Assessment Act, and the Ontario Energy Board Act. Infrastructure physical structures (facilities and corridors) that form the foundation for development. Infrastructure includes: municipal drinking-water supply systems, municipal wastewater systems, septage treatment systems, storm water management systems, waste management systems, electric power generation and transmission, communications/ telecommunications, transit systems and corridors, the roads, including regional, local and private roadways, Provincial Highways, railways, oil and gas pipelines and associated facilities. 1005390 36 1a - 36 Notified / notification when a Property Owner of a candidate Regionally Significant Cultural Heritage Resourc e receives a written notice describing the Heritage Inventory. Property Owners will be given 30 days to respond to the notice (provide feedback), obtain more information and/or make representation at the . The notification will contain a physical/locational description of the Resource , a statement explaining the cultural heritage value or interest of the Resource and its attributes and the rationale used to determine the significance of the Resource. Regionally Significant Cultural Heritage Resources are significant built heritage resources and cultural heritage landscapes identified as being valued for the important contribution they make to our understanding of the history, events or people of Waterloo Region as a whole. These include but are not limited to: buildings; monuments; bridges; rivers and waterways; roads; parks and open space; districts; cemeteries; cultural heritage landscapes; and, archaeological sites. Significant in regards to cultural heritage and archaeology, resources that are valued for the important contribution they make to our understanding of the history of a place, an event or a people. Site alteration activities, such as grading, excavation and the placement of fill that would change the landform and natural vegetative characteristics of a site. Site plan a plan prepared under Section 41 of the Planning Act which details building location and design as well as other site specific considerations such as walkways, landscaping, lighting and storage areas. 1005390 37 1a - 37 E.REFERENCE LIST Ministry of Municipal Affairs and Housing. (2014). Provincial Policy Statement. Ministry of Tourism, Culture and Sport. Ontario. Ministry of Tourism, Culture and Sport. (2017) A Guide to Cultural Heritage Resources in the Land Use Planning Process, REVIEW DRAFT. Environmental Registry (EBR) Posting Region of Waterloo. (2015). Regional Official Plan. 1005390 38 1a - 38 Appendix A Example of an Evaluated RSCHR Regionally Significant Cultural Heritage Resources Evaluation Form Background Information Resource Name: Evaluation Date: May 2012 Address (if applicable): Municipality: 73 Queen Street North, Kitchener Kitchener Location Description: entrance to the Gaol. Construction or Creation Date(s): Additional construction comments: 1852; 1878 Gaol began construction in 1852, opened 22 January 1953 Architect Name(s): Gaol Mellish & Russel of Brantford D.W. Gingrich of Waterloo Person(s) Associated: Frederick Gaukel, William Walden, Jonathan Cook, James Allison, Stoyko Boyeff, Reg White Previous Use: Current Use: Gaol Provincial Offences Court (2002) offices for court officials; staff and meeting rooms Vantage Points: Queen Street provides the best view of the site. An overhead can be seen from several high-rise buildings in the vicinity such as Kitchener Public Library. The Court House, Registry Theatre, Library, apartments, churches and the neighbourhood help form the context of the setting. Public Access: Both structures were closed in 1978 because of obsolete and cramped conditions. They sat empty and deteriorating until the decision was made by the Region of Waterloo to adapt the buildings into courts and Offices Protection: Designated in 1981, City of Kitchener under OHA part IV Immediate Concerns: None Evaluation 1 Recognition 2 Prehistoric or early historic period 3 Example of Architecture 4 Association with significant person(s) 5 Association with historic event 6 Example of development 7 Contribution to landscape 8 Potential for tourism 9 region 10 Association with Grand River 1005390 39 1a - 39 1. Is the resource, or element(s) Designated by the City of Kitchener, 25 May 1981 under the Ontario i within the resource, recognized on a Heritage Act, Municipal Heritage Designation (Part IV). municipal, regional, provincial or national heritage list? 2. Does the resource date from a Dates to early historic period. Gaol was one of the first, and last prehistoric or early historical period remaining, public county buildings. It is one of the earliest gaols in the ii in the development of the region, province. province or nation? 3. Is the resource, or element(s) D.W. Gingrich was a well known architect and a prominent citizen of within the resource, a good Waterloo. He was one of the first professional architects in the region representative example of the work to practice from 1860. During his career, he designed public, of an outstanding regional, national institutional, and commercial buildings as well as private residences. or international architect, engineer, He was the builder, designer, landscape include: Castle Kilbride, Breithaupt Tannery, Old Waterloo City Hall, architect, interior designer or the former Mutual Life building (14 Erb St. W.), the New Hamburg iii sculptor, or of vernacular School, and Gale Presbyterian Church in Elmira. architecture? 4. Is the resource associated with a Frederick Gaukel originally settled in Preston and Bridgeport before iv person(s) who is recognized as settling in Berlin in 1819. having made a significant land purchased from Joseph Schneider, later the site of Walper v contribution to the social, cultural, House. In 1852 he donated two and a half acres for the construction political, economic, technological or of a county court house to show his gratitude for the appointment of vi physical development? Or as having Berlin as the county seat. materially influenced the course of regional, provincial, national or international events? 5. Is the resource directly associated Directly associated with the formation of Waterloo County, the Gaol vii with an historic event which is was a prerequisite to become a county. recognized as having regional, provincial, national or international importance? 6. Is the resource a significant The Gaol is significant to the judicial and social history of Waterloo example and illustration of the County. The construction of the Gaol and earlier court house were r required as part of the establishment of the County of Waterloo, and social, cultural, political, economic the by-law passed calling for their erection was the second in the viii or technological development? county. The appointment of Berlin as the county seat brought ix development to the small town, eventually surpassing its rival, Galt. l and economic standards in the area, where many judges and lawyers x contributed to the emergence of a professional class. The home xi reflected the Governor's respected position in the Town of Berlin. 7. Does the resource contribute to The two structures contribute to the streetscape of Queen Street. The the effectiveness of the urban mid-Victorian Italian Villa style architecture, xii composition, streetscape, view shed, featuring a four-storey tower and a Mansard roof, served to tie the xiii or landscape of which it may form Gaol into the residential area surrounding the county buildings. The part of? Gaol was designed in the Classic Revival style and built out of granite, stone and brick trim. It is the only stone building in the region built in 1005390 40 1a - 40 xiv this style, which incorporates brick as a decorative feature. 8. Does the resource have potential Restored structures and the Heritage Landscaped Garden have for contributing to commercial xv tourist or other development that is in Doors Open Waterloo Region every year. based on heritage and/or culture? 9. Is the resource, or element(s) within the resource, part of a group entrepreneurs in Berlin. The Gaol is the last remaining public county xvi of similar structures which building. the area or region? 10. Is the resource, or element(s) N/A within the resource, part of a group of historically associated structures which may be totally within the region or which may be part of a larger area within the context of the Grand River as a nationally designated Heritage River? Bibliography The Record. Kitchener, 6 January 1996. Bloomfield, Elizabeth. Waterloo Township through Two Centuries. St. Jacobs, ON: St Jacobs Printery Ltd. for Waterloo Historical Society, 2006. Conservation Review Board. Report: City of Kitchener Intention to Designate 73 Queen Street North Kitchener, Ontario. Toronto: Ministry of Culture and Recreation, 1981. In: Kitchener LACAC. Waterloo County Jail: documents relating to the closing of the jail and its designation by Kitchener LACAC as a heritage building, 1978-1981. 1981. .http://historicplaces.ca. Biographical Dictionary of Architects in Canada 1800-1950. http://dictionaryofarchitectsincanada.org. Janusas, Scarlett E. and John D.A. MacDonald. The Waterloo County Gaol (AiHc-18) 1987 excavations. Waterloo: Regional Municipality of Waterloo, Planning and Development Department, Archaeology Section, 1987. 1005390 41 1a - 41 http://www.regionofwaterloo.ca/en/ discovering TheRegion/resources/DoorsOpenPastSites.pdf. Waterloo Historical Society 65 (1977): 60-71. Region Hall of Fame. http://www.waterlooregionmuseum.com/region-hall-of-fame.aspx. i Historic Places, http://historicplaces.ca. ii Scarlett E. Janusas and John D.A. MacDonald, The Waterloo County Gaol (AiHc-18) 1987 excavations (Waterloo: Regional Municipality of Waterloo. Planning and Development Department. Archaeology Section, 1987) 3. iii Biographical Dictionary of Architects in Canada 1800- 1950, http://dictionaryofarchitectsincanada.org. iv Region Hall of Fame. http://www.waterlooregionmuseum.com/ region-hall-of-fame.aspx. v Elizabeth Bloomfield, Waterloo Township through Two Centuries, (St. Jacobs, ON: St Jacobs Printery Ltd. for Waterloo Historical Society, 2006) 81. vi Waterloo Historical Society 65 (1977) 61. vii viii ix x Conservation Review Board, Report: City of Kitchener Intention to Designate 73 Queen Street North Kitchener, Ontario, Toronto: Ministry of Culture and Recreation, 1981, 8. xi xii Ibid. xiii Conservation Review Board, Report: City of Kitchener Intention to Designate 73 Queen Street North Kitchener, Ontario, Toronto: Ministry of Culture and Recreation, 1981, 9. xiv xv http://www.regionofwaterloo.ca/en/discovering TheRegion/resources/DoorsOpenPastSites.pdf. xvi The Record, Kitchener, 6 January 1996. 1005390 42 1a - 42 DRAFT Regional Implementation Guideline Cultural Heritage Landscape Conservation Endorsed by Regional Council October 2013 (November 2017 Review) 1b - 1 Contents A. INTRODUCTION 1 1.0 What are Cultural Heritage Landscapes? 2 2.0 Rationale for Cultural Heritage Landscape Conservation 2 3.0 Impacts of Undertaking a Cultural Heritage Landscape Conservation 3 Process 4.0 Policy Context Provincial Legislation 4 B. REGIONAL APPROACH 1.0 Cultural Heritage Landscape Conservation Under the Ontario 7 Heritage Act 2.0 Cultural Heritage Landscape Conservation Under the Planning Act 7 3.0 Regional Policy 8 4.0 Area Municipal Policy 9 C. CONSERVATION PROCESS11 D.GUIDELINES I.Identification and Evaluation of Cultural Heritage Landscapes13 II.Preparation of a Cultural Heritage LandscapeTechnical Study18 III.Designating Cultural Heritage Landscapes in an Official Plan22 IV.Conservation of a Cultural Heritage Landscapethrough a 25 Cultural Heritage Impact Assessment E.GLOSSARY OF DEFINITIONS 31 F.REFERENCE LIST33 Appendix A Resource to Assist with Cultural Heritage Landscape34 Identification Appendix B Criteria for Cultural Heritage Value or Interest36 Appendix C Indicators of Historical Integrity38 Appendix D Indicators of Community Value40 Appendix E Criteria for Regional Significance42 AppendixFCultural Heritage LandscapeConservation Tools Comparison43 Appendix G Region of Waterloo Official Plan Amendment Review Process46 2379367 DRAFT 1b - 2 A.INTRODUCTION The purpose of the Region of Waterloo Implementation Guideline for Cultural Heritage Landscape Conservation is to provide guidance to applicants, Area Municipal Heritage Advisory Committees (MHACs) and Regional and Area Municipal staff on the implementation of the cultural heritage landscape policies of the Regional Official Plan (ROP), for the identification of cultural heritage resources, the preparation and review of development applications, and for the undertaking of heritage review during the Environmental Assessment (EA) process. This document outlines the existing policy context and Cultural Heritage Landscape (CHL) conservation process for the Region of Waterloo, and provides further detail for the implementation of ROP policies 3.G.5, 3.G.6 and 3.G.7 through the following sections: Identification and Evaluation of CHLs Preparation of a CHL Technical Study Designating CHLs in an Official Plan Conservation of a CHL through a Cultural Heritage Impact Assessment The ROP relies on implementation guidelines in a number of subject areas to provide additional technical guidance in the application of certain policies. Implementation guidelines elaborate upon ROP policy, but may not be used as a means of introducing development applications or for interfering with the natural j 10.B.10). The content and scope of Regional Implementation Guidelines is determined through a full, open, and transparent consultation and engagement process with Area Municipalities, other agencies, interested organizations and citizens. Implementation guidelines represent statements adopted by Regional Council that detail the manner in which ROP Policy should be implemented. As relevant ROP policies are updated, added, or deleted, the Implementation guidelines must also be revised to ensure conformity with the provisions of the ROP. As stated in the ROP, through the planned conservation cultural heritage r esources including CHLs, Waterloo Region will realize the benefits of: a higher quality of life; a stronger and more defined regional identity; a wealth of social, environmental and economic opportunities; and a broader foundational understanding of the people and places of our past. 2379367 DRAFT 1 1b - 3 1.0 What are Cultural Heritage Landscapes? ACultural Heritage Landscape is A Cultural Heritage Landscape (CHL) is a defined in the Provincial Policy Statement (2014) as a defined geographical area that location where the influence and/or activity of may have been modified by human activity humans on the natural landscape has resulted in and is identified as having cultural heritage a place with distinctive character and cultural value or interest by a community, including importance. These historically significant an Aboriginal community. The area may landscapes are valued for the important involve features such as structures, spaces, archaeological sites or natural contribution they make to our understanding of elements that are valued together for their the history of a place, an event, an individual interrelationship, meaning or association. and/or a community. Examples may include, but are not limited CHL s are typically characterized by: to, heritage conservation districts designated under the Ontario Heritage A concentration of cultural heritage Act; villages, parks, gardens, battlefields, resources, such as buildings, structures mainstreets and neighbourhoods, and landforms; cemeteries, trailways, viewsheds, natural A concentration of supporting structural areas and industrial complexes of heritage significance; and areas recognized by elements such as vegetation, fences or federal or international designation roads; authorities (e.g. a National Historic Site or A sense of visual coherence; and, District designation, or a UNESCO World A distinctiveness which enables the area Heritage Site). to be recognized from neighbouring areas. There are three types of CHL s: Designed landscapes, which have been intentionally designed; Organically evolved landscapes, which have evolved through human use, and are now either relics of the past or are continuing to evolve; and, Associative landscapes, which have powerful religious, artistic or cultural associations, some of which may have primarily natural elements and limited material cultural evidence. 2.0 Rationale for Cultural Heritage Landscape Conservation Conserving a CHL means identifying, protecting, managing and using a CHL in such a way that the heritage value, attribute s and integrity of the CHL are retained. CHL conservation provides a means to conserve groupings of cultural heritage resources that together have greater heritage significance than their constituent elements or parts. A CHL has both property-based cultural heritage resources and attributes that may not be linked to real property (i.e. views, circulation networks, land use patterns, architectural details, natural features, vegetation). The attributes of a CHL help to contextualize, cluster and connect the individual cultural heritage recourses. As a result, the conserved CHL is more valuable than the sum of its parts. Conservation of CHL s, like other cultural heritage resources, provides the following 2379367 DRAFT 2 1b - 4 benefits: Sense of Place - cultural heritage resources, combined with stories of the past, provide a physical and psychological foundation for our Regional identity. CHLs provide important information about, and opportunities for, understanding the events, processes and activities that have shaped, and are continuing to shape, our region; Authenticity - CHLs often support ongoing traditions and reflect particular ways of life. CHLs age continuum: learning from the multilayered past; enjoying the vibrancy of the present; and creating meaningful linkages for the future; and, Quality of Life - CHLs provide economic, environmental, social and cultural benefits through aesthetic, ecological, recreational and educational opportunities. Conserving CHLs will make our region a better place to live, work, play and visit. 3.0 Impacts of Undertaking a Cultural Heritage Landscape Conservation Process Undertaking a CHL conservation process ensures that cultural heritage resources are proactively identified and that the necessary information is available to effectively consider cultural heritage conservation at a landscape scale during the land use and infrastructure planning process. Priority-based Planning The CHL conservation process is a tool to manage change. The process will be used to better inform land use and infrastructure planning decisions and is not meant to negatively impact permitted land uses. Conservation of cultural heritage resources is very often one of many planning priorities (i.e. increasing land-use density, economic development, encouraging tourism or recreation, environmental conservation, increasing transportation choice, providing affordable housing). Full consideration of all priorities, including CHL conservation, during the land use and infrastructure planning process will result in the best possible development or construction/rehabilitation solution that meets as many priorities as possible. Note: Normal farming practices are protected under the Farming and Food Protection Act and will not be impacted by CHL conservation. Increased Transparency - The CHL conservation process requires Area Municipalities to proactively identify and document CHL s. Designating CHL s within an Official Plan or designation under the Ontario Heritage Act is (OHA) a means to making Regional and Area Municipal staff, developers, property owners and the public aware of the historically significant landscapes within the community that are to be conserved. Informed Decision Making Identified CHL s are supported by documentation which includes a Statement of Significance for the CHL, and inventories and maps the cultural heritage resources and attributes associated with the CHL. This research 2379367 DRAFT 3 1b - 5 provides the foundation of information on which proposed development, site alteration and infrastructure projects will be reviewed. Effective Heritage Protection - Identifying an area as a CHL does not provide automatic protection to the individual cultural heritage resources and attributes associated with the CHL. The CHL conservation process documents the cultural heritage resources and attributes that must be protected in order to conserve the CHL, lists appropriate conservation measures, and ensures that proposed development, site alteration and infrastructure projects undergo heritage review. Individual cultural heritage resources and attributes located within a CHL continue to be protected through existing and new OHA designations, conservation easements, Area Municipal Heritage Register listings, secondary plans, neighbourhood design guidelines and through the implementation of recommendations made within Cultural Heritage Impact Assessments (CHIA). 4.0 Policy Context Provincial Legislation The Province requires municipalities to conserve significant CHLs and provides a variety of legislative planning and financing tools, primarily under the Ontario OHA, Provincial Policy Statement and Planning Act, to municipalities for use in the conservation of cultural heritage resources, including CHLs. 4.1 Ontario Heritage Act The OHA provides three key tools for CHL conservation. 1. If a CHL is contained on a single property (i.e. farmstead, park, garden, estate, cemetery), a municipality can designate the CHL as an individual property under Part IV of the OHA. 2. If the CHL includes a grouping of properties, a municipality can designate the area as a Heritage Conservation District (HCD) under Part V of the OHA. An OHA designation provides the strongest heritage protection available for conserving a CHL. It allows the municipality to deny demolition permits, to guide change through development review on and adjacent to the protected property(ies) and to control property alterations through a heritage permit system. Within the Region, there are currently eight CHLs designated as HCDs under Part V, and several other single property CHLs designated under Part IV of the OHA. 3. A municipality may list a CHL as an individual or grouping of non-OHA- designated property(ies) of heritage value or interest on their Area Municipal Heritage Register. Under the OHA municipalities are required to maintain an Area Municipal Heritage 2379367 DRAFT 4 1b - 6 Register that lists all designated and non-designated cultural heritage resources of heritage value or interest. The list is meant to provide easily accessible information about cultural heritage value for municipal staff, land-use planners, property owners, developers, the tourism industry, educators and the general public. Owners of listed properties must provide 60 days notice prior to demolition or removal of a building or structure, and the property may be subject to a CHIA or Conservation Plan during the heritage review process. 4.2 Planning Act and Provincial Policy Statement The Province has identified the conservation of cultural heritage resourcesincluding CHLs, as an area of Provincial Interest to be consideredunder the Planning Act and through the Provincial Policy Statement (2014) (PPS). The PPS, policy 2. cultural heritage landscapes shall be conservedConserved is defined as identification, protection, management and use of built heritage resources, cultural heritage landscapes and archaeological resources in a manner that ensures their cultural heritage value or interest is retained under the OHA. This may be achieved by the implementation of recommendations set out in a conservation plan, archaeological assessment, and/or heritage impact assessment. Mitigative measures and/or alternative development Conservation of cultural heritage resources, can take place under the OHA, as noted in the previous section, and/or in Official Plans or other planning documents prescribed under the Planning Act, such as Council adopted inventories, plans or studies. Cultural heritage resources are conserved through the requirement of CHIAs and/or Conservation Plans to support proposed development, site alteration or i nfrastructure projects that have the potential to directly or indirectly impact the cultural heritage resource. 4.3 Provincial Resource Documents The Ministry of Tourism, Culture and Sport (MTCS) provides additional non-legislative resources to assist communities in the conservation of cultural heritage resources, such as toolkits and guides. The MTCS outlines in the Ontario Heritage Toolkit, that cultural heritage resources should be identified, listed, researched, evaluated and protected. It is up to municipalities to use the most effective and appropriate tools available at each step of this process in order to ensure the ongoing conservation of the CHLs within their jurisdiction. 4.4 Environmental Assessment Act The EA Act requires an EA of any major public sector undertaking that has the potential for significant environmental effects. EAs are a key part of the infrastructure 2379367 DRAFT 5 1b - 7 planning process and must be completed before decisions are made to proceed on a project. EAs determine the ecological, cultural, economic and social impact of the infrastructure project and are informed through the undertaking of a variety of studies including CHIAs. 2379367 DRAFT 6 1b - 8 B.REGIONAL APPROACH As stated in the previous section, the Province of Ontario requires that significant CHL s be conserved through the land use and infrastructure planning process using complementary policy provisions at the Provincial, Regional and Area Municipal level. The Province has provided a variety of CHL conservation tools, but a uniform province- wide approach to CHL conservation has not been established. The Region has therefore, in discussions with the Provincial and Area Municipal staff, developed the following Regional approach to CHL conservation. The Regional CHL conservation approach incorporates the full spectrum of provincially legislated tools for CHL conservation and allows Area Municipalities to choose the most appropriate conservation tool for each CHL. The chosen CHL conservation tool will be a reflection of the combined level of heritage conservation and change management desired by the Area Municipality, public and property owners. 1.0 Cultural Heritage Landscape Conservation under the Ontario Heritage Act Currently, Area Municipalities have three tools to conserve CHLs under the OHA: Part IV designation of an individual property; Part V designation of an Heritage Conservation District; and, Listing of a CHL on the Area Municipal Heritage Register as an individual or grouping of non-designated property(ies) of heritage value or interest accompanied by a map or description of the CHL. In order for an Area Municipal Heritage Register listing to effectively conserve a CHL, the listing process must include: A full evaluation and documentation of the CHL; An opportunity for public consultation and engagement; Council approval; and, Area Municipal authority to conserve the CHL during the land use and infrastructure planning processes. These three CHL conservation tools under the OHA will continue to be used by Area Municipalities in the Region. The complete processes used for designating or listing a CHL under the OHA are not addressed as part of this implementation guideline as they are a well entrenched practice. However, portions of this implementation guideline may prove useful in the preliminary identification, evaluation and documentation of CHLs being conserved under the OHA. 2.0 Cultural Heritage Landscape Conservation under the Planning Act CHL conservation tools under the OHA have been available for many years, and have resulted in a small number of CHLs within the region being identified and protected 2379367 DRAFT 7 1b - 9 under the OHA. In recent years, Area Municipalities have been working to identify candidate CHLs and a variety of landscape level conservation measures are now being proposed or are in place. In order to assist with the conservation of the full range of CHL s within the region, the Region has developed policies in the Regional Official Plan which enable and require Area Municipalities to conserve CHL s under the Planning Act by designating CHL s in their Official Plans. Note: CHL s that have already been or are planned to be conserved under the OHA as outlined above may also be, but are not required to be, designated in Area Municipal Official Plans. Conserving CHL s under the Planning Act the CHL conservation process outlined in this Regional Implementation Guideline, should be used when: There are multiple CHL s that a community needs to conserve within a short time frame, using limited resources; OHA designation cannot currently be achieved and interim conservation is required; OHA Part IV and/or V designations are in place to protect individual property- based cultural heritage resources within a CHL, but the OHA designations do not conserve the larger context of the resources (e.g. the attributes of the CHL); Future impacts to the CHL can be addressed through requirements for CHIAs, Conservation Plans, and/or through implementing planning and financial tools that support the conservation of the CHL (i.e. design guidelines, site specific zoning, financial incentives); and/or, There are opportunities for proposed development, site alterations and infrastructure projects to enhance the existing character of the area and/or conserve the grouping of cultural heritage resources. A comparison of the above mentioned CHL conservation tools can be found in Appendix F. 3.0 Regional Policy The Regional Official Plan (ROP) contains the following policies specifically related to the conservation of CHLs. Cultural Heritage Landscapes 3.G.5 The Region will prepare and update a Regional Implementation Guideline for Cultural Heritage Landscape Conservation. This guideline will outline the framework for identifying Cultural Heritage Landscapes, including Cultural Heritage Landscapes of Regional interest, and for documenting each individual landscape through a Cultural Heritage Landscape Conservation Plan (an 2379367 DRAFT 8 1b - 10 amendment may be made to change this to CHL Technical Study) that includes: (a) a statement of significance; (b) a listing of the cultural heritage resources and attributes being conserved within the Cultural Heritage Landscape through the use of existing planning tools, such as Heritage Act designations, listings on the Area Municipal Heritage Register, official plan policies, secondary plans and zoning bylaws; and (c) recommendations for additional conservation measures. 3.G.6 Area Municipalities will designate Cultural Heritage Landscapes in their official plans and establish associated policies to conserve these areas. The purpose of this designation is to conserve groupings of cultural heritage resources that together have greater heritage significance than their constituent elements or parts. Designating a CHL in an Area Municipal Official Plan means formally recognizing a CHL on a list and map or schedule contained in or appended to the Official Plan. 3.G.7 The Region will assist Area Municipalities with the preparation of Cultural Heritage Landscape Conservation Plans (an amendment may be made to change this to CHL Technical Study) for Cultural Heritage Landscapes of Regional interest. 3.G.13 Area Municipalities will establish policies in their official plans to require the submission of a Cultural Heritage Impact Assessment in support of a proposed development that includes or is adjacent to a designated property, or includes a non-designated resource of cultural heritage value or interest listed on the Area Municipal Heritage Register. (An amendment may be made in order to clarify that this includes the consideration of CHIAs within or adjacent to a CHL). A CHL evaluated and identified as a cultural heritage resource of Regional interest is also subject to ROP policies 3.G.2, 3.G.14, 3.G.15, 3.G.17, 3.G.18, 3.G.19 and 3.G.20. 4.0 Area Municipal Policy General policies for the conservation of CHLs must be included in an Area Municipal Official Plan (OP) in order for the plan to be consistent with the ROP and the PPS. The Region recommends that the general CHL conservation policies include, but not be limited to, a commitment by the Area Municipality to: 1. Identify and document individual CHLs through a Cultural Heritage Landscape Technical Study as outlined in ROP 3.G.5; 2. Designate individual CHLs in the Area Municipal Official Plan; and, 2379367 DRAFT 9 1b - 11 3. Review development, site alteration and infrastructure projects within or adjacent to designated CHLs to ensure that the cultural heritage resources and attributes of the CHL will be conserved. A CHIA may be required to assist the Area Municipality in making this determination. Associated CHL conservation policies may include a commitment by the Area Municipality to: List and/or designate under the OHA individual cultural heritage resources and attributes inventoried within a CHL; Consider the impact of lot creation and/or reconstruction within the CHL; Further investigate CHLs to identify additional and/or evolving cultural heritage resources and attributes; and, Promote the awareness, appreciation and enjoyment of CHLs. 5.0 Expectations and Outcomes of ROP Policies and the Implementation Guideline Implementation of the ROP CHL conservation policies using this Implementation Guideline will result in: 1. Comprehensive region-wide identification and evaluation of CHL s; 2. Documentation of individual CHLs in Technical Studies, to include but not be limited to: An official name; A statement of significance; and, An inventory and map of cultural heritage resources and attributes, with references to existing and recommended conservation measures; 3. Individually designated CHLs in Area Municipal Official Plans; and 4. Area Municipal authority to require a CHIA to support proposed development, site alteration and infrastructure projects within or adjacent to an identified CHL. 2379367 DRAFT 10 1b - 12 C.CONSERVATION PROCESS The following process for conserving CHL s under the Planning Act has been developed to ensure that CHL s are recognized early in the land use and infrastructure planning process, and that comprehensive information on the cultural heritage resources and attributes of the CHL are available when making planning decisions. The CHL conservation process includes: Identifying and documenting individual CHL s in a Technical Study that evaluates, inventories and maps the cultural heritage resources and attributes associated with the CHL and documents current and proposed conservation measures for the CHL; Designating of CHL s in Area Municipal Official Plans, excluding CHL s currently conserved under the OHA; and, Reviewing proposed development, site alteration and infrastructure projects within or adjacent to designated CHL s to determine whether the cultural heritage resources and attributes associated with the CHL will be conserved. Area Municipalities will incorporate general policies for the conservation of CHLs in their Official Plans to allow for the designating of any individual CHLs using the process outlined below. Information on general policies for CHL conservation at the Area Municipal level can be found in Section B (4.0). The CHL conservation process has seven key steps to be undertaken through this Implementation Guidelines. The following chart outlines the connection of each key step to the associated section. A process chart is included on the following page. Key StepsAssociated Section of the Guideline 1 Identify Candidate CHL s Identification and Evaluation of CHL s 2 Inventory and Map individual Candidate CHL s 3 Evaluate the Candidate CHL 4 Determine Regional interest in the Candidate CHL 5 Document the Candidate CHL in a Technical Study Preparation of a CHL Technical Study 6 Designate the CHL in the Official Plan using the Official Designating CHL s in an Official Plan Plan Amendment process under the Planning Act 7 Conserve the CHL through the land use and infrastructure Conservation of a CHL through a planning processes Cultural Heritage Impact Assessment 2379367 DRAFT 11 1b - 13 CHL Conservation Process Chart Step 1 Identification of Candidate CHLs Candidate Candidate Candidate Candidate Candidate CHL #2 CHL #3 CHL #4 CHL #5 CHL #1 Step 2 (Each CHL will undergo the same process as Inventory CHL #1 from this point forward) & Mapping Regional Consultation Evaluation of Evaluated as a and Engagement Step 3 Significance Significant for CHLs of & Step 4 CHL Regional Interest Step 5 Documentation NOT a of CHL in a Significan Technical CHL Study No further action Preparation of Formally Recognized Step 6 (more than one CHL Report Recommending as a CHL through may be ready to CHL Designation designate at one time) designation in Area through an Area Municipal Official Plan Municipal OP Amendment Conservation of the CHL in Step 7 the land use and infrastructure planning processes through the Please note that Property Owner and public engagement and requirement of CHIAs consultation is included at each Step in the Conservation Process 2379367 DRAFT 12 1b - 14 D.GUIDELINES I.Identification and Evaluation of Cultural Heritage Landscapes Regional Official Plan 3.G.5 The Region will prepare and update a Regional Implementation Guideline for Cultural Heritage Landscape Conservation. This guideline will outline the framework for identifying Cultural Heritage Landscapes, including Cultural Heritage Landscapes of Regional interest, and for documenting each individual landscape through a Cultural Heritage Landscape Conservation Plan (an amendment may be made to change this to CHL Technical Study) that includes: a) a statement of significan ce; b) a listing of the cultural heritage resources and attribute s being conserved within the Cultural Heritage Landscape through the use of existing planning tools, such as Heritage Act designations, listings on the Municipal Register, official plan policies, secondary plans and zoning bylaws; and c) recommendations for additional conservation measures. Application In accordance with policy 3.G.5 of the Regional Official Plan (ROP), this section of the guideline will apply when Area Municipal staff and Municipal Heritage Adviory Committees are identifying and evaluating the significance of the candidate Cultural Heritage Landscapes (CHL).A CHL that is determined to be a cultural heritage resource of Regional interest is also subject to policies 3.G.2, 3.G.14 and 3.G.15. Purpose The purpose of this section of the guideline is to ensure an efficient, consistent, comprehensive and defensible process is used to identify CHLs worthy of conservation within the region. 2379367 DRAFT 13 1b - 15 Identification and Evaluation of Cultural Heritage Landscapes A CHL i s a defined geographical area that may have been modified by human activity and is identified as having cultural heritage value or interest by a community, including an Aboriginal community. The area may involve features such as structures, spaces, archaeological sites or natural elements that are valued together for their interrelationship, meaning or association. Examples may include, but are not limited to, heritage conservation districts designated under the Ontario Heritage Act (OHA); villages, parks, gardens, battlefields, mainstreets and neighbourhoods, cemeteries, trailways, viewsheds, natural areas and industrial complexes of heritage significance; and areas recognized by federal or international designation authorities (e.g. a National Historic Site or District designation, or a UNESCO World Heritage Site). (Provincial Policy Statement, 2014). Significant CHLs are to be conserved as required by the PPS section 2.6.1. All CHLs that are evaluated as significant using the process below, which is based on Ontario Heritage Act (OHA) Regulation 9/06, shall be conserved. Candidate CHLs that are evaluated and found to be significant will be referred to throughout the remainder of the conservation process as CHL s; those evaluated and found to not be significant will not be taken any further through the process and should no longer be referred to as CHL s. 1.0 Area Municipal staff and Municipal Heritage Advisory Committees will develop a list of candidate CHL s for their municipality. 1.1 The list of candidate CHL s will include, but not be limited to: a) areas that correspond to the historic themes and associations important to the development of the municipality; b) areas that contain a grouping of cultural heritage resources identified through a visual survey; and, c) landscapes valued by a community suggested by the public through engagement and consultation or in written documents such as local histories, planning documents, listings of important landscapes, etc. 1.2 Undertaking public engagement and consultation is strongly encouraged during the development of the list of candidate CHL s. 1.3 Upon request, the Region will assist with the preliminary identification of candidate CHL s. 1.4 Area Municipalities and the Region will work together to develop shared or complementary conservation processes for cross jurisdictional CHL s such as those related to rivers, valleylands or agricultural practices. 1.5 Municipalities may use the additional information and resources for identifying candidate CHLs included in Appendix A. 2379367 DRAFT 14 1b - 16 2.0 The Region will review the list of candidate CHLs and indicate if any of the candidate CHLs are of Regional interest, and/or provide a list of CHLs of Regional interest to the Area Municipality to be considered for conservation 2.1 Identification of CHLs of Regional interest will take place in accordance with the Regional Implementation Guideline for Conserving Regionally Significant Cultural Heritage Resources based on the Criteria for Regionally Significant Cultural Heritage Resources (RSCHR) adopted by Regional Council in 2002 (P-02-083) (see Appendix E). 3.0 Aninventory of cultural heritage resources and attributes will be developed for each candidate CHL. 3.1 The inventory of cultural heritage resources and attributes will include but not be limited to: Built features (buildings, structures, monuments, installations or remains associated with architectural, social, political, economic or military history), Ecological features (ecosystems within the landscape), Vegetation (natural or introduced), Landforms (natural or human made), Water features (natural or designed), Archaeological resources, Evidence of traditional practices, Views and visual relationships, Spatial organization and landmarks, Land-use patterns, Circulation networks, Boundary/linear features, Public access, and, Open space. 3.2 The inventory should include as detailed information as possible on each individual cultural heritage resource and attribute i.e. architectural or engineering details, historical associations, etc., 3.3 The inventory of cultural heritage resources and attributes will be used during the evaluation of significance for the candidate CHL. 3.4 For CHL s found to be significant, the inventory of cultural heritage resources and attributes will be documented in the CHL Technical Study. 4.0 Each candidate CHL will be geographically defined through detailed mapping of the cultural heritage resources and attributes listed in the inventory. 2379367 DRAFT 15 1b - 17 4.1 The detailed mapping of the cultural heritage resources and attributes (as listed above) will be used during the evaluation of significance for the candidate CHL. 4.2 Mapped boundaries and/or buffer zone(s) should be included if they aid in the conservation of the CHL. Demarcating a firm boundary for an evolved landscape that continues to evolve is not required. a) Defining the boundaries of a CHL can involve a range of considerations including, but not limited to the use of: roadways; rights-of-way; river corridors; fences; edges of tree lines and hedge rows; property lines; landforms; and lakeshores (MOTCS InfoSheet #2). 4.3 For CHL s found to be significant, the detailed mapping of the cultural heritage resources and attributes identified in the inventory will be documented in the CHL Technical Study. 5.0 The significance of each candidate CHL will be evaluated based on a three pronged approach, related to the PPS definition of a CHL, to include the: cultural heritage value or interest; historical integrity; and community value of the landscape. Cultural Heritage Value or Interest Landscapes that are associated with the history of the area, have design value and/or have contextual value. Significant CHL Historical Integrity Community Value Landscapes that have Landscapes that are functional continuity valued by a and/or physically community. reflect the past. 5.1 Criteria for determiningcultural heritage value or interest of a CHL is based on the criteria used to evaluate the cultural heritage value or interest of other forms of cultural heritage resources provided by the Province of Ontario in Regulation 09/06. Area Municipalities will 2379367 DRAFT 16 1b - 18 andidate CHL, evaluate the cultural heritage value or interest of each c using the chart in Appendix B, and will summarize their findings in a CHL Statement of Cultural Heritage Value or Interest. 5.2 Historical integrity is a measure of: how well the existing landscape physically reflects the landscape of the past; and the functional continuity of the landscape over time. In order to measure integrity, the historic context of the landscape in terms of use, relationships, views, circulation networks, boundaries, etc. must be understood. Area Municipalities will evaluate the historic integrity of each candidate CHL, using the chart in Appendix C to gather information, and will summarize their findings in a CHL Statement of Historical Integrity. 5.3. Community value can be evaluated by determining the presence of indicators of community value. Area Municipalities will evaluate the community value of each candidate CHL, using the chart in appendix D to gather information and will summarize their findings in a CHL Statement of Community Value. 5.4 An overall Statement of Significance which combines the cultural heritage value or interest, historical integrity and community value of the candidate CHL will be developed. 6.0 For evolved landscapes, the inventory, mapping and measures of significance must illustrate and evaluate the evolution of the landscape over time. 7.0 A candidate CHL that has been evaluated and found to have cultural heritage value or interest, historical integrity and community value is significant. 8.0 Each significant CHL will be documented in a CHL Technical Study and recommended for being designated in the Area Municipal Official Plan. Candidate CHLs that are evaluated and found not to be significant will not be taken any further through the process and should no longer be referred to as CHLs. 2379367 DRAFT 17 1b - 19 II.Preparation of a Cultural Heritage Landscape Technical Study Regional Official Plan 3.G.5 The Region will prepare and update a Regional Implementation Guideline for Cultural Heritage Landscape Conservation. This guideline will outline the framework for identifying Cultural Heritage Landscapes, including Cultural Heritage Landscapes of Regional interest, and for documenting each individual landscape through a Cultural Heritage Landscape Conservation Plan (an amendment will be made to change this to CHL Technical Study) that includes: a) a statement of significance; b) a listing of the cultural heritage resources and attribute s being conserved within the Cultural Heritage Landscape through the use of existing planning tools, such as Heritage Act designations, listings on the Municipal Register, official plan policies, secondary plans and zoning bylaws; and c) recommendations for additional conservation measures. 3.G.7 The Region will assist Area Municipalities with the preparation of Cultural Heritage Landscape Conservation Plans (an amendment will be made to change this to CHL Technical Studies) for Cultural Heritage Landscapes of Regional Interest. Application In accordance with policies 3.G.5 and 3.G.7 of the Regional Official Plan (ROP), this section of the guideline will apply when a Cultural Heritage Landscape Technical Study is being developed for a candidate Cultural Heritage Landscape (CHL) being recommended for conservation. Purpose The purpose of this section of the guideline is to ensure appropriate and consistent methods and report formats are applied in the preparation of CHL Technical Studies. Compliance with this section of the guideline will: Enable the documentation of the cultural heritage resources and attributes, with references to existing and recommended conservation measures; Provide the base research needed by consultants to undertake an effective Cultural Heritage Impact Assessment (CHIA); and, Help to minimize the time required to prepare a CHL Technical Study. 2379367 DRAFT 18 1b - 20 Preparation of a Cultural Heritage Landscape Technical Study The CHL Technical Study is an important source document developed and maintained by the Area Municipality, in engagement and consultation with Municipal Heritage Advisory Committees and/or community stakeholders. A CHL Technical Study is prepared for each CHL found to be significant and worthy of conservation. The CHL Technical Study builds on the information gathered during the CHL identification and evaluation process. The document includes all of the information gathered during the identification and evaluation of the candidate CHL as well as information on the current and future heritage conservation measures associated with the CHL. 1.0 The CHL Technical Study will be completed by Area Municipalities and will include, but is not limited to: Existing Information from the Identification and Evaluation of the Candidate CHL The Statement of Significance (a summary of the Cultural Heritage Value or Interest, Historical Integrity and Community Value) (see Section 2.0 below); and An inventory and map of the cultural heritage resources and attributes of the landscape (see Section 3.0 below); Additional Information An analytical listing of current and recommended conservation measures for the cultural heritage resources and attributes of the CHL (see Section 4.0 below); Additional Recommended Information (Optional) A shared vision for the CHL (see Section 5.0 below); and, A management strategy for the CHL (see section 6 below). 1.1 The Region will assist Area Municipalities in the preparation of CHL Technical Studies for CHLs of Regional interest. 1.2 The Technical Study will be made available to consultants preparing CHIAs for proposed development, site alteration and infrastructure projects within and adjacent to the CHL. 1.3 CHL Technical Studies are evolving documents which will require updating as land use and policy changes are made. 2.0 The statement of significance is a brief summary of the cultural heritage value or interest, historical integrity and community value of the CHL as developed during the evaluation of significance of the candidate CHL. The Statement of Significance is an important tool as it provides justification for conserving the 2379367 DRAFT 19 1b - 21 CHL. 3.0 The comprehensive inventory and map of cultural heritage resources and attributes includes, but is not limited to: buildings and structures; architectural details; landmarks; views; natural features; vegetation; archaeological resources; land-use patterns; circulation networks; boundary/linear features; public access; and/or open space as developed for the candidate CHL. 4.0 The analytical listing of Conservation Measures for the cultural heritage resources and attributes of the CHL includes, but is not limited to: A comprehensive listing of existing conservation measures; A thorough evaluation of the ability of the existing conservation measures to conserve the inventoried heritage features and their context; and, Recommendations for additional conservation measures where needed. 4.1 CHL conservation measures may include, but are not limited to the following planning and financial tools: Protection of individual properties under the Ontario Heritage Act (OHA) through designation or conservation easements; Protection of a specific areas within the CHL as Heritage Conservation Districts (HCD) under the OHA and through related HCD policies, guidelines, studies and plans; Listing of individual or groupings of non-designated property(ies) on the Area Municipal Heritage Register; Official Plan policies (i.e. settlement boundaries, land designations and specific policies attributed to them); Secondary or Community Plans; Community Improvement Plans; Area design guidelines; Corridor management plans or scenic corridor designations; Park management plans; Height, massing and setback restrictions that maintain the character of an area, implemented through zoning and/or site plan control; Demolition control; Subdivision Development Agreements; Condominium Declarations; Stewardship activities; Financial incentives for OHA designated properties or within Community Improvement Plan areas; and, Public education and heritage resource interpretation, etc. 4.2 The analytical listing of conservation measures process will assist in highlighting vulnerable cultural heritage resources and attributes and 2379367 DRAFT 20 1b - 22 will result in recommendations for improved conservation measures. 5.0 A shared vision for the CHL may be created by community stakeholders based on the collective understanding of the significance of the CHL; its cultural heritage value or interest, historical integrity and community value. 6.0 A management strategy may be developed that records what role the community will play in maintaining and enhancing the significance of the CHL. The management strategy could include: A list of actions and a schedule for their implementation; and, A plan to monitor the impact of CHL conservation 7.0 A CHL Technical Study that includes all of the following may be referred to as a CHL Conservation Plan: Identification of the conservation principles appropriate for the type of cultural heritage resource being conserved; Analysis of the cultural heritage resource, including documentation of the resource, descriptions of cultural heritage value or interest, assessment of the resource conditions and deficiencies, discussion of historical, current and proposed use; Recommendations for conservation measures, treatments and interventions, short or long term maintenance programs, implementation, including guidelines on martials and implementing methods; The qualifications required for anyone responsible for the conservation work; Schedule for conservation work, inspection, maintenance, costing, and phases of the rehabilitation or restoration work; Monitoring of the cultural heritage resource and the development of a long term reporting structure; and, A Time period for the review and updating of the Conservation Plan itself. 8.0 A scoped Conservation Plan may be required by the approval authority for a proposed development, site alteration or infrastructure project in order to conserve a specific cultural heritage resource or attribute that is within a larger CHL and is impacted by the proposed development, site alteration or infrastructure project (see Section IV of the Implementation Guideline). 9.0 When a CHL is identified during the land use or infrastructure planning process, rather than proactively identified using the process outlined in this implementation guideline, the information usually contained in the CHL Technical Study must be gathered and included in the inventory phase of a required CHIA see Section IV of the Implementation Guideline) undertaken by the proponent of the project. 2379367 DRAFT 21 1b - 23 III.Designating Cultural Heritage Landscapes in an Official Plan Regional Official Plan 3.G.6 Area Municipalities will designate Cultural Heritage Landscapes in their official plans and establish associated policies to conserve these areas. The purpose of this designation is to conserve groupings of cultural heritage resources that together have greater heritage significance than their constituent elements or parts. Designation of a CHL in an Area Municipal Official Plan means to identify each individual CHL on a list and map or schedule contained in or appended to the Area Municipal Official Plan. Application In accordance with policy 3.G.6 of the Regional Official Plan (ROP), this section of the guideline will apply when Area Municipalities designate a Cultural Heritage Landscape (CHL) in their Official Plan. Purpose The purpose of this section of the guideline is to ensure appropriate and consistent methods and approaches are applied when designating CHLs in Area Municipal Official Plans. Designating a CHL within an Official Plan: enables a community to proactively identify a valued cultural heritage resource; provides an opportunity for public engagement and consultation and Council approval; results in an accessible public record of identified CHLs; and allows Area Municipalities to require Cultural Heritage Impact Assessments (CHIAs) to ensure that proposed development, site alteration and infrastructure projects conserve the cultural heritage resources and attributes of the CHL. 2379367 DRAFT 22 1b - 24 Designating CHLs in an Official Plan 1.0 Area Municipal Official Plans will include general policies for the conservation of significant CHLs. 1.1 These policies will include a commitment by the Area Municipality to: identify and document individual CHLs through a Cultural Heritage Landscape Technical Study; designate individual CHLs in the Area Municipal Official Plan; and review development, site alteration and infrastructure projects within or adjacent to designated CHLs to ensure that the cultural heritage resources and attributes of the CHL will be conserved. 2.0 Area Municipal Official Plans will designate CHLs. 2.1 The Official Plan will identify the designated CHL using an official name, a statement of significance and a general location map of the CHL using a simple location marker such as an unbounded shape or asterisk, and will reference to the detailed documentation within the CHL Technical Study. 2.2 Additional CHL conservation policies and/or a detailed map may be included. 3.0 A report that recommends designating a CHL through an amendment to the Official Plan will be prepared to include: Official CHL Name; Reason for Designating - Statement of Significance; and, Impacts of Designating, including but not limited to the potential requirement of a CHIA for proposed development, site alteration and infrastructure projectswithin and adjacent to the CHL. 3.1 The CHL Technical Study shall be provided to support the recommendation. 4.0 Standard procedures for Official Plan Amendments under the Planning Act will be followed with respect to giving notice, providing information and public engagement and consultation. See Appendix G for a flow chart illustrating the Region ROP Amendment process. 5.0 Area Municipalities may have additional processes and methods for identifying and conserving CHL s so long as they result in: Comprehensive identification and evaluation of CHL s; Documentation of each CHL, that includes but is not limited to: an official name; a statement of significance; and an inventory and map of cultural heritage resources and attributes, with references to existing and recommended conservation measures; and, 2379367 DRAFT 23 1b - 25 Area Municipal authority to require a CHIA to support proposed development, site alteration and infrastructure projectswithin and adjacent to identified CHL s. 2379367 DRAFT 24 1b - 26 IV.Conservation of a Cultural Heritage Landscape through a Cultural Heritage Impact Assessment Regional Official Plan 3.G.6 Area Municipalities will designate Cultural Heritage Landscapes in their official plans and establish associated policies to conserve these areas. The purpose of this designation is to conserve groupings of cultural heritage resources that together have greater heritage significance than their constituent elements or parts. Conserve: The identification, protection, use and/or management of cultural heritage and archaeological resources in such a way that their heritage values, attribute s and integrity are retained. This may be addressed through a conservation plan or heritage impact assessment. 3.G.13 Area Municipalities will establish policies in their official plans to require the submission of a Cultural Heritage Impact Assessment in support of a proposed development that includes or is adjacent to a designated property, or includes a non-designated resource of cultural heritage value or interest listed on the Municipal Heritage Register (an amendment may be made in order to clarify that this includes the consideration of CHIAs within or adjacent to a Cultural Heritage Landscape). Adjacent will be defined as lands that are situated in sufficiently close proximity such that development, site alteration or an infrastructure project could reasonably be expected to produce a negative impact on an identified cultural heritage resource. Application In accordance with policies 3.G.6 and 3.G.13 of the Regional Official Plan (ROP), this section of the Guideline will apply when development, site alteration or an infrastructure project is proposed within or adjacent to a designated Cultural Heritage Landscape (CHL). Purpose The purpose of this section of the guideline is to ensure that Cultural Heritage Impact Assessments (CHIA) are required when appropriate and completed effectively, in order to facilitate the conservation of the cultural heritage resources and attributes associated with a CHL during the land use and infrastructure planning process. The majority of CHL s are expected to be identified in areas where heritage review is already required due to the presence of individual cultural heritage resources. The number of CHIAs required is not expected to significantly increase. Where CHL s are identified, additional landscape scale assessment will be required. This section of the guideline outlines how heritage review at a landscape scale will be incorporated into the existing heritage review process. 2379367 DRAFT 25 1b - 27 Conservation of a Cultural Heritage Landscape through a Cultural Heritage Impact Assessment 1.0 During development application or site plan review, infrastructure planning and Environmental Assessment processes, an Area Municipality may require the submission of a CHIA if the proposed development, infrastructure or site alteration results in any of the following list of negative impacts to a CHL: Destruction of any, or part of any, cultural heritage resource or attribute of the CHL; Alteration that is not sympathetic to, or is incompatible with, the historic fabric and appearance of the CHL; Creation of shadows or obstructions that alter the appearance of a cultural heritage resource or attribute, or change the viability of an attribute within the CHL (e.g. blocking sunlight to natural features or plantings that have been identified as heritage attributes); Isolation of a cultural heritage resource or attribute from its surrounding environments, context or significant relationship; Direct or indirect obstruction of a significant view or vista within, from or of built and natural features; Change in land use, where the change in land use negates the cultural heritage value of the CHL (for example, the change introduces new development or site alteration into a previously open space that was identified as a heritage attribute such as infill on a battlefield, parkland or similar); Land disturbance such as change in grade that alter soils and drainage patterns, or vibrations that occur from construction activity that may adversely affect a cultural heritage resource or attribute;and/or, Increase in other disturbances such as noise and/or traffic in or near the CHL . 2.0 Where it is determined that a CHIA is required, it will be prepared by an accredited qualified professional, with individual expertise, recent experience and knowledge relevant to the type of cultural heritage resource within their professional discipline as well as the nature of the development or infrastructure improvement being proposed. This qualified professional may be an architectural or landscape consultant with knowledge of accepted standards of historical research, identification, evaluation and methods of conservation and mitigation. The expertise of more than one qualified professional may be required. For example, a complex property with more 2379367 DRAFT 26 1b - 28 than one type of cultural heritage resource may require an historian, a professional engineer an architect, a consultant archaeologist, a landscape architect, and/or heritage planner, etc. Consideration for combining technical assessments should be given so that duplication is minimized and information may be shared readily. 2.1 The CHIA Credentials, qualifications and experience gained through having worked directly on the type of RSCHR being addressed by the CHIA; Demonstrated expertise with CHLs and type of cultural heritage resources within the CHL as well as the nature of the development or infrastructure improvement being considered ; Recent and relevant professional experience in conservation (i.e. within the last three to five years); Experience giving expert testimony on cultural heritage before a provincial tribunal (e.g. the Conservation Review Board, Ontario Municipal Board or Environmental Review Tribunal) ; and, Ability to ensure Indigenous Communities will be engaged. 3.0 The CHIA may contain, but not be limited to, the following items in accordance with any approved Area Municipal guidelines and the draft guidance recently released (Oct. 2017) by the Ministry of Tourism, Culture and Sport, A Guide to Cultural Heritage Resources in the Land Use Planning Processes 3.1 Introduction A legal description of the property; A site plan of existing conditions, to include buildings, structures, roadways, driveways, drainage features, trees and tree canopy, fencing, and topographical features; Legislation or process under which the development is being undertaken; Name of the proponent; and A detailed description of the proposed development and any site alteration. 2379367 DRAFT 27 1b - 29 3.2 Historic background of the Resource Historical research, site analysis and evaluation of the associated CHL, if not previously undertaken by the Area Municipality (see Section II of the Implementation Guideline); A written and visual inventory (photographs) of all elements of the property(ies) that contribute to the cultural heritage value of the associated CHL, to include: overall site views, views to adjacent properties and views of the site from within the CHL; and internal photographs and floor plans for onsite cultural heritage resources; and, Identification and description of the significance and cultural heritage resources and attributes of the associated CHL. Include a recommendation as to whether any cultural heritage resources on the subject property are worthy of heritage designation in accordance with Regulation 9/06, Ontario Heritage Act (OHA); 3.3 An assessment of the impacts of the proposed development or site alteration on the CHL and attributes There may be negative impacts on the CHL and cultural heritage resources and attributes before, during or after work has been completed. These impacts may be direct or indirect, temporary or permanent. Negative impacts should be described in terms of their effect on specific heritage attributes, as well as their effect on the entire property, even if the proposed development or site alteration only affects a portion of it. 3.4 Identification and evaluation of development alternatives, mitigation and conservation measures that may reduce the adverse impacts of the proposed development, site alteration or infrastructure project on the Resource Evaluation must be completed on the basis of established principals, standards and guidelines for heritage conservation, and alternatives must describe how these standards and guidelines have been applied; Evaluation must address all applicable heritage conservation policies in the Area Municipal, Secondary Plans and other planning documents; Evaluation must also consider the findings of any archaeological assessment(s) and other relevant technical studies that have been separately undertaken; and, 2379367 DRAFT 28 1b - 30 Avoidance or not proceeding with the development should always be a considered alternative. NOTE: Commemoration and/or interpretation signage are not mitigation strategies 3.5 Summaries of Community and Indigenous engagement A description of who was engaged and how. The CHIA should take into account the opinions of interested persons, communities and organizations; and, A description of how comments were incorporated into the recommended approach. 3.6 Recommendations A summary statement of the preferred conservation recommendations; If there is going to be an impact on the CHL, there should be a detailed explanation as to why the impact can not be avoided; If other site alteration or development approaches were evaluated an explanation as to why they were not appropriate, should be included; and, A schedule and reporting structure for implementing the recommended conservation or mitigative or avoidance measures and for monitoring the CHL as the proposed development progresses. 3.7 Appendices undertaking the CHIA as described in section 3 above; Bibliography; and Other relevant documents, maps or photographs. 4.0 CHIAs may be scoped or waived based on the potential negative impacts of the proposed work. 5.0 An approval authority may also require a Conservation Plan for a proposed development, site alteration or infrastructure project in order to conserve a cultural heritage resource or attribute that contributes to the significance of the associated CHL and is impacted by the proposed development, site alteration 2379367 DRAFT 29 1b - 31 infrastructure project. or 6.0 Proposed development, site alteration and infrastructure projects that have the potential to impact a cultural heritage resource of Regional interest will require a CHIA that will be submitted to the satisfaction of the Region as part of the heritage review process. 7.0 Development proponents and Area Municipal staff are encouraged to consult with Area Municipal planning staff and cultural heritage professionals early in the planning process. Early consultation will provide access to any available background information, ensure that cultural heritage resources are appropriately identified, and enable opportunities for project design to maximize enhancement of and minimize negative impacts to the CHL. 2379367 DRAFT 30 1b - 32 E.GLOSSARY OF DEFINITIONS Adjacent means lands that are situated in sufficiently close proximity such that development, site alteration or an infrastructure project could reasonably be expected to produce a negative impact on an identified cultural heritage resource. Attribute - A quality or characteristic inherent in or ascribed to a cultural heritage landscape that contribute to their cultural heritage value or interest. Attributes of a CHL include, but are not limited to: architectural details; land-use patterns; circulation networks; relationships between built and natural heritage resources; public access; and/or open space. Built heritage resource one or more significant buildings, structures, monuments, installations or remains assocated with architectural, cultural, social, political, economic or military history and identified as being important to the community. Thes resources may be identified through designation or heritage conservation easement under the Ontario Heritage Act, or listed by local, regional, provincial or federal jurisdictions Conserve/conserved the identification, protection, use and/or management of cultural heritage and archaeological resources in such a way that their heritage values, attribute s and integrity are retained. This may be addressed through a conservation plan or heritage impact assessment. Cultural Heritage Impact Assessment (CHIA) a study to determine if cultural heritage resources will be negatively impacted by a proposed development, site alteration or infrastructure project. It can also demonstrate how the cultural heritage resource will be conserved in the context of redevelopment, site alteration or infrastructure improvement. Mitigative or avoidance measures or alternative development approaches may also be recommended Cultural heritage landscape (CHL)a defined geographical area of heritage significance which has been modified by human activities and is valued by a community. It involves a grouping(s) of individual heritage features such as strutures, spaces, archaeological sites and natural eelemtns, which together form a significant type of heritage form, distinctive from that of its constituent elements or parts Cultural heritage resources the physical remains and the intangible cultural traditions of past human activities. These include, but are not limited to: buildings (residential, commercial, institutional, industrial and agricultural); cultural heritage landscapes (designed, organic/evolved); structures (water tower; bridge, fence and dam); monuments (cenotaph, statue and cairn); archaeological resources; cemeteries; 2379367 DRAFT 31 1b - 33 scenic roads; vistas/viewsheds; culturally significant natural features (tree and landform); movable objects (archival records and artifacts); and cultural traditions (language, stories, music, dance, food, celebrations, art and crafts). Development the creation of a new lot, a change in land use, or the construction of buildings and structures, requiring approval under the Planning Act. Development application an application for approval under the Planning Act. Development applications may include applications for approval of the following: Plans of Subdivision; Plans of Condominium; Consent; Part Lot Control Exemption Bylaws; Official Plan Amendments; and Zone Change Applications. Development applications do not include site plans. Environmental Assessment (EA) a process for the authorization of an undertaking under legislation such as the Environmental Assessment Act, and the Ontario Energy Board Act. Infrastructure - physical structures (facilities and corridors) that form the foundation for development. Infrastructure includes: municipal drinking-water supply systems, municipal wastewatersystems, septage treatment systems, storm water management systems, waste management systems, electric power generation and transmission, communications/telecommunications, transit systems and corridors, the Regional Road system, Provincial Highways, railways, oil and gas pipelines and associated facilities. Normal farm practices a practice, as defined in the Farming and Food Production Protection Act, that is conducted in a manner consistent with proper and acceptable customs and standards as established and followed by similar agricultural operations under similar circumstances; or makes use of innovative technology in a manner consistent with proper advanced farm management practices. Normal farm practices shall be consistent with the Nutrient Management Act, and regulations made under that Act. Significant/Significance means in regard to cultural heritage and archaeology, resources that are valued for the important contribution they make to our understanding of the history of a place, an event, or a people. Site alteration activities, such as grading, excavation and the placement of fill that would change the landform and natural vegetative characteristics of a site. Site plan a plan prepared under Section 41 of the Planning Act which details building location and design as well as other site specific considerations such as walkways, landscaping, lighting and storage areas . 2379367 DRAFT 32 1b - 34 F.REFERENCE LIST Department of Canadian Heritage (2001). A Cultural Framework for Canadian Heritage Rivers. Ministe for Canada. Envision and Andre Scheinman Preservation Consultant (2006). Cultural Heritage Landscapes in Waterloo Region: A Framework for Inventory, Assessment and Policy Development. A background document prepared for the Region of Waterloo. Grand River Conservation Authority (1994). The Grand Strategy for Managing the Grand River as a Canadian Heritage River. Coordinated by the GRCA on behalf of the Province of Ontario. Ministry of Culture. (2006). Heritage Resources in the Land Use Planning Process. Ministry of Culture (2006), InfoSheets Ministry of Culture (2005). Ontario Heritage Act Ministry of Culture (2006). Ontario Heritage Toolkit Ministry of Municipal Affairs and Housing. (2005). Provincial Policy Statement. Ministry of Tourism, Culture and Sport. (2017) A Guide to Cultural Heritage Resources in the Land Use Planning Process, REVIEW DRAFT. Environmental Registry (EBR) Posting. Parks Canada (2010). Standards and Guidelines for the Conservation of Historic nd Places in Canada: A Federal, Provincial and Territorial Collaboration, 2 edition. Region of Waterloo (2009). Regional Official Plan. United Nations Educational Scientific and Cultural Organization (UNESCO) (1992). The Operational Guidelines for the Implementation of the World Heritage Convention. 2379367 DRAFT 33 1b - 35 dix A Resource to Assist with Cultural Heritage Appen Landscape Identification 1) Defining Community Cultural Heritage Landscapes (CHL)s good first step in CHL identification is to broadly define the community(ies) that are part of your municipality e.g. those who reside in or regularly visit an area; historians or heritage advocates; tourists; artists; researchers; cultural groups; etc. 2) Develop a list of historic themes and associations important to the development of your municipality and list the corresponding landscapes within your municipality. The historical context of your municipality provides a solid foundation for identifying significant cultural heritage resources including candidate CHLs. Cultural Heritage Landscapes in Waterloo Region (2004) lists regional Themes and Associations Ministry of Natural Resources in 1972. The Grand Strategy (1994) collaborative management plan for the Grand River, a nationally designated Canadian Heritage River, contains information on watershed-wide cultural heritage resources and river- based cultural landscapes. Similar listings may already exist or could be developed for your municipality. The used as a starting point. The list of historic themes and associations will aid in both the identification and evaluation of candidate CHLs. 3) Undertake a visual survey of your municipality and list areas that contain grouping of cultural heritage resources. In addition to visually surveying the landscape, you can consult land records, maps, photographs, works of art, tourism information and undertake site visits to aide in the identification of areas within the municipality that may have the physical qualities of a candidate CHL. Landscapes may be agricultural areas, historic settlements, industrial sites, institutional districts, natural areas, residential neighbourhoods, etc. 4) they value. Be sure to engage and consult the public in a way that would seek input from the variety of communities present in the municipality. In addition, consult the listings of important landscapes that have been developed for various reasons in the past. Sample Questions to Ask Your Community e due to their design or physical form? 2379367 DRAFT 34 1b - 36 Potential Source Documents - local histories - planning documents - listings of important landscapes 2379367 DRAFT 35 1b - 37 Appendix B Criteria for Heritage Value or Interest The following chart can be used as a framework to record information about the cultural heritage value or interest of a landscape. These criteria are based on the criteria provided by the Ministry of Tourism, Culture and Sport in Regulation 9/06 under the Ontario Heritage Act. The cultural heritage value and interest of the individual cultural heritage resources within the landscape will add to the overall value and interest of the landscape as a whole. Cultural Heritage Value or Interest CriteriaDescription The landscape is rare, unique, representative has design or an early example of a value or landscape (style, trend, physical value movement, school of theory, because it, type, expression, material use or construction method, settlement pattern, time period or lifeway) displays a high degree of design or aesthetic appeal demonstrates a high degree of technical or scientific achievement The landscape has direct associations with a has historical theme, event, belief, person, value or activity, organization or institution that is significant to a associative value because it, community yields, or has the potential to yield, information that contributes to an understanding of a community or culture demonstrates or reflects the work or ideas of an architect, artist, builder, designer or theorist who is significant to a community The landscape is important in defining, has contextual maintaining or supporting the value because it, character of an area is physically, functionally, visually or historically linked to 2379367 DRAFT 36 1b - 38 its surroundings is a landmark 2379367 DRAFT 37 1b - 39 Appendix C Attributes and Indicators of Historical Integrity The following chart can be used as a framework to record information that would indicate that a landscape has historical integrity. These examples are not exclusive and may not be appropriate for all Cultural Heritage Landscapes (CHL). Historical Integrity CriteriaDescription Land use The landscape has had continuity in use and/or a compatible use (agricultural, commercial, residential or institutional). Ownership There has been a continuity of ownership or occupation of the site, dating to a historic period. Built Elements The buildings and other built elements (fences, walls, paths, bridges, corrals, pens, garden features, lighting, sidewalks, fountains, piers, etc.) have survived in their historic form and in relatively sound condition. Vegetative Elements Plantings (hedgerows, windrows, gardens, shade trees, etc.) are still evident and their traditional relationship to buildings, lanes, roadways, walks and fields are still discernible. Cultural Relationships The relationships between historic buildings and other built and designed elements (yards, fields, paths, parks, gardens, etc.) are intact. Natural Features Prominent natural features (cliff, stream, vegetation, etc.) remain intact. Natural Relationships The historical relationships to prominent natural features still exist both for the site as a whole and within the site. Views The existing views of and within the site can be closely compared to the same view in the past (certain views may have been captured in historic photos). Ruins Ruins and overgrown elements still convey a 2379367 DRAFT 38 1b - 40 Designed Landscapes Changes to a designed landscape can be corrected so that the property retains integrity versus being irrevocable. 2379367 DRAFT 39 1b - 41 Appendix D Indicators of Community Value The following chart can be used as a starting point to record information that may indicate that a landscape is valued by a community. A community can be broadly defined to include any grouping of people, such as: those who regularly visit or reside in an area; historians or heritage advocates; tourists; artists; researchers; cultural groups; etc. The listed indicators of Community Value below are examples and may not be appropriate for all Cultural Heritage Landscapes (CHL). Indicators that a CHL Description is valued by a community Community Identity identity and is used to tell the story of the community Landmark The area is widely recognized as a landmark Pride and Stewardship The community demonstrates a high degree of pride and stewardship in the area (heritage designations, plaques, voluntary upkeep) Commemoration The area or elements within the area are named to celebrate or commemorate someone or something Public Space The area is a site of frequent or longstanding public gatherings or events Cultural Traditions People use the area to express their cultural traditions Quality of Life Aspects of the landscape are valued for their impact on day to day living Local History The place is written about in local histories or spoken about through local stories or lore Visual Depiction The location is widely photographed or depicted in works of art (visual, literary, etc.) Genius Loci People refer to the area as having a distinctive atmosphere or perva Community Image The area is identified with the community image (e.g. appearing in promotions or marketing 2379367 DRAFT 40 1b - 42 material) Tourism The area is promoted as a tourist destination Planning The area has been identified through another planning process as being unique 2379367 DRAFT 41 1b - 43 Appendix E Criteria for Regional Significance CRITERIA FOR IDENTIFYING A REGIONALLY SIGNIFICANT CULTURAL HERITAGE RESOURCE The Region will identify cultural heritage resources of Regional interest. To be identified as being of Regional interest a cultural heritage resource must meet four (4) or more of the following criteria: Recognized/1. It is, or it contains element(s) that are, recognized on a Area Protected Municipal, Regional, provincial or national heritage list; Old/Rare 2. It dates from a prehistoric or early historical period in the development of the region, province or nation Outstanding 3. It is, or contains element(s) that are, a representative example of Design the work of an outstanding regional, national or international architect, engineer, builder, designer, landscape architect, interior designer or sculptor; Associated with a 4. It is associated with a person(s) who is recognized as having Key Person made a significant contribution to the social, cultural, political, economic, technological or physical development or as having materially influenced the course of regional, provincial, national or international events; Associated with a 5. It is directly associated with an historic event which is recognized Key Event as having regional, provincial, national or international importance; Illustrates 6. It is a significant prehistoric or historic social, cultural, political, economic or Development technological development; Provides Context 7. It contributes to the effectiveness of the urban and rural composition, streetscape, viewshed, or landscape of which it may form a part; Economic 8. It has the potential for contributing to commercial tourist or other Resource development that is based on heritage and/or culture; Regional Character 9. It is, or contains elements that are, a good example of vernacular architecture or part of a group of similar bridges/ structures/ landscapes which contribute to the particular "look" of the area or region; Part of a Collection 10. It is part of a group of historically associated structures which may be totally within the region or which may be part of a larger area within the context of the Grand River (a nationally designated Heritage River). 2379367 DRAFT 42 1b - 44 onservation that council 2005) and on - ; opment tatement of S ignificance for the A Part V Designation objectives to be achieved through the designation; a Sdistrict; an inventory of heritage attributes policies for enhancing the district; guidelines which describe the type of work or devel would find acceptable; anda description of external alterations that would not require a heritage permit. Register a)b)c)d)e)f) OH Yes, on title (postthe Yes, through an HCD Study and then an HCD CPlan, to include:YesYes Register law, including - OHA Part IV Designation Yes, on title and on the Yes, evaluation form, Statement of Significance and Designating BylocationNoYes Yes Area Listing Heritage Register Municipal OHA Yes, on the RegisterYes, evaluation form and Statement of Significance including locationNoWithin ) CHL CHL cultural conserved attributes commendations Official Plan 43 significance;of the heritage resources and being within the through the use of existing planning tools; andfor additional conservation measures. Designating in an (a) a statement of (b) a listing (and map) (c) re Yes, in Official PlanYes, through aCultural Heritage Landscape (Technical Study, to include:NoYes Cultural Heritage Landscapes Conservation Tools Comparison Area cultural unicipality Area M Appendix F he designation. unicipal zoning and other akes precedence in the event Identifies the area as a heritage resource Requires the documentation of the landscapeTof a conflict with existing Mbylaws that were in place prior to tEnables the 2379367 DRAFT 1b - 45 OHA Part V Designation YesYes.Yes OHA Part IV Designation YesYesYes Area Listing Register yes if Municipal OHA ith a Adjacent No NoAlterations and new construction associated w development application Demolition yes through delay of demolition and opportunity to designate under the OHANo part of is CHL ficial Plan Of 44 Designating in an Only for OHA protected properties or if the an approved Community Improvement Plan.NoNo to site on . and CHL unicipality adjacent unicipality to unicipality to Area M Cultural Heritage Area MArea M development within or CHL to require a Impact Assessment (CHIA)proposed alteration the Allows the make financial grants or incentives available to heritage property owners.Provides the with the power to decide whether alterations, new construction or demolition can take place within the Allows the 2379367 DRAFT 1b - 46 Yes binding - But can be No objected to, and referred to the Conservation Review Board for a nonrecommendation No 45 Yes le to the Ontario develop and enforce heritage property standards.Designation process is appealabMunicipal Board 2379367 DRAFT 1b - 47 ith received, copies of Area Municipality w 8. If no appeals Approval Page and Confirmation Letter are prepared and forwarded to signed amendment 20 day time limit OPA Approval Fee Received of the public who 7. Official Plan Amendment Report and Notice of Decision are prepared, signed and circulated to Area Municipality, applicant, agencies, and stakeholders/membersrequested a copy in writing 6. Copies of Amendment, Declarations, Record and Area Municipal Council endorsement provided to the Region blic 180 day time limit 5. PuMeeting held 46 4. Consolidated Post Circulation Comments drafted and circulated to Area Municipality Region of Waterloo Official Plan Amendment Review Process nternal 3. IRegional staff provides comments to Planner 14 day time limit Appendix G 2. Internal Regional staff circulated Official Plan Amendment Area MunicipalityRegional StaffApplicant 2379367 DRAFT 1. Region receives Official Plan Amendment (OPA) Application from AreaMunicipality 1b - 48 December, 2017 Bob and Alison LaFrance MacNaughton Hermsen Britton Clarkson Planning Limited (MHBC) 2 - 1 T F A R D 2 - 2 T F A R D 2 - 3 Approved by Council Considered by Heritage Kitchener Staff Report # Date Received 2018 HERITAGE PERMIT APPLICATIONS Property Address Number Application 123456789 # 101112131415161718192021222324252627282930313233343536373839 IF1 - 1