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HomeMy WebLinkAboutCSD-18-022 - By-law to Enter into a Covenant Under the OHA for the Conservation of the Former Huck Glove FactoryREPORT TO: Heritage Kitchener DATE OF MEETING: March 6, 2018 SUBMITTED BY: Brandon Sloan, Manager of Long Range & Policy Planning, 519-741-2200, ext. 7648 PREPARED BY: LeonBensason,Coordinator, Cultural Heritage Planning 519-741-2200, ext. 7306 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: February 7, 2018 REPORT NO.: CSD-18-022 SUBJECT: By-law under Section 37(1) of the Ontario Heritage Act to enter into a heritage easement and covenant agreement with the owner of the lands municipally addressed as 120 Victoria Street South, in regard to the conservation of the former Huck Glove factory building. ____________________________________________________________________________________ RECOMMENDATION: That the draft by-law attached to Community Services Development report CSD-18-022, to allow the City to enter into a heritage easement and covenant agreement with the owner of the lands described as Plan 378, Part Lot 553 and currently municipally addressed as 120 Victoria Street South,in regard to the conservation of the former Huck Glove factory building, be adopted. Location Map: 120 Victoria Street South 3 - 1 BACKGROUND: The City of Kitchener has received site plan and zone change applications for the properties municipally addressed as 114-118 Victoria Street South and 120 Victoria Street South on which the former Huck Glove factory building is located. The former Huck Glove factory is a three storey brick building constructed circa 1907 in the industrial vernacular style. The building is not e Register given that the previous owner objected to the proposed heritage listing. Former Huck Glove Factory Building Site Plan Application SP17/135/V/JVW proposes development of a six storey office building that would incorporate and adaptively re-use the former Huck Glove factory building. Zone Change Application ZC17/017/V/JVW would re-zone the subject lands to permit development of a 25 storey residential tower, proposed to be located west (behind) of the former Huck Glove factory building. As part of the proposed zone change, the new property owner is seeking permission to use bonusing provisions,including heritage bonusing, to add increased FSR (Floor Space Ratio) beyond what is permitted in the existing D-6 Warehouse-District zone. Specifically, it is proposed that a special regulation be included in the zoning that would permit bonus floor area to be applied to the proposed 25 storey residential tower. Having regard to the bonusing regulations in zoning by-law 85-1,the site specific heritage bonus floor area would be applied in return for the conservation and long term protection of the former Huck Glove factory building through the execution and registration of a heritage easement and covenant agreement. Section 37 (1) of the Ontario Heritage Act enables municipal councils to enter into easements or covenants for the conservation of property of cultural heritage value or interest. In accordance with the Act, before entering into such easements or covenants, Council shall consult with its heritage advisory committee and then pass a by-law providing for entering into such easement or covenant. 3 - 2 REPORT: The subject property owner has commissioned McCallum Sather Architects to complete a Heritage Impact Assessment (HIA) and a Conservation Plan (CP) as part of the development hener Committee on December 5, 2017, establishes that the former Huck Glove factory building is a significant cultural heritage resource andmeets the criteria for heritage designation under the Ontario Heritage Act. The draft HIA also establishes that alterations and additions proposed to be undertaken to facilitate the adaptive re-use of the former factory into a six-storey office building will maintain character defining heritage features, and further, that the proposed 25 storey residential tower will not negatively impact the former Huck Glove factory building. The required Conservation Plan, which together with the HIA is to be approved by the Director of Planning as a condition of final Site Plan approval, will serve in part to identify the specific measures to be undertaken to conserve heritage attributes as part of the of the adaptive re-use of the former Huck Glove factory, in a manner consistent with recognized heritage conservation principles and practice. Proposed 25 Storey Residential Tower Rendering supplied by Applicant showing six storey (Huck Glove) office building and proposed 25 storey residential tower In order to receive and apply the heritage bonus floor area toward the development of the proposed 25 storey residential tower, the property owner will be required to enter into a heritage easement and covenant agreement to secure the long term conservation of the former Huck Glove factory building. Such Agreement, which is entered into between the City and the property owner, identifies the heritage features of a building to be conserved in perpetuity, and establishes the obligations of the City and owner to ensure the ultimate preservation and maintenance of the building and its heritage features. 3 - 3 Heritage Easement and Covenant Agreement Heritage easements and covenants are considered more comprehensive than heritage designation under the Ontario Heritage Act. For example, there are no provisions under the Ontario Heritage Act to require an owner of a designated property to maintain the heritage features of an occupied building in good condition, insure the building against perils, or to rebuild the building in the event of damage. Heritage easements and covenants can help address these concerns and can also provide stronger protection against demolition, as the municipality must consent. In this regard, the heritage easement and covenant agreement to be entered into and registered on the lands on which the former Huck Glove factory building is located, will contain provisions addressing the above referenced standard provisions. Inaddition, it is anticipatedthat the heritage easement and covenant agreement will also contain ior with a degree of certainty and comfort regarding the approval of alterations proposed as part of the subject development applications andadaptive re-use.Such clause will advise that work set out in the Agreement consistent with the measures outlined in the approved Conservation Plan, as confirmed by the Director of Planning, is approved. Given the importance of the Conservation Plan and how it will be tied to the prior approval of alterations associated with the adaptive re- use of the former Huck Glove building, a draft of the Conservation Plan will be presented to Heritage Kitchener for review and comment prior to its finalization. Staff anticipate that the details of the heritage easement and covenant agreement, which will be subject to successful negotiation with the owner, will be finalized in the coming weeks. The Agreement will need to be executed and registered onthe lands on which the former Huck Glove factory building is located in accordance with the proposed zoning, before a building permit is to be issued for the proposed 25 storey residential tower. Pursuant to the Ontario Heritage Act, before entering into easements or covenants for the conservation of property of cultural heritage value or interest, the City is to consult with its heritage advisory committee and then pass a by-law providing the authority to enter into such Agreement. As in previous examples where Council has provided such authority (e.g. 300 Joseph Schoerg Crescent and more recently 710 Huron Road), the draft by-law attached as to this report, authorizes the Mayor and City Clerk to enter into a heritage easement and covenant agreement with the property owner in a form satisfactory to the City Solicitor, with such Agreement to be registered against the real property affected. Accordingly, City staff recommend approval of the draft by-law attached to report CSD-18-022. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: through the delivery of core service. FINANCIAL IMPLICATIONS: N/A COMMUNITY ENGAGEMENT: INFORM, CONSULT AND COLLABORATE Heritage Planning staff have consulted and collaborated with the property owner regarding the conservation of the former Huck Glove 3 - 4 factory building and entering into a heritage easement and covenant agreement.Section 37(1) of the Ontario Heritage Act requires Council to consult with the Municipal Heritage Committee (Heritage Kitchener) beforepassing a by-law providing for entering into easements or covenants for the conservation of property of cultural heritage value or interest.Heritage Kitchener will be consulted via circulation and consideration of this report. Members of the community will be informed via circulation of this report to Heritage Kitchener and via formal consideration by Council. ACKNOWLEDGED BY: Alain Pinard, Director of Planning APPENDIX A: Draft by-law to allow the City to enter into a heritage easement and covenant agreement in regard to the conservation of the former Huck Glove factory building. 3 - 5 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to allow the City to enter into a heritage easement and covenant agreement with the owner of the lands described as Plan 378, Part Lot 553 and currently municipally addressed as 120 Victoria Street South, in regard to the conservation of the former Huck Glove factory building). WHEREAS section 37(1) of the Ontario Heritage Act allows council of a municipality to pass a by-law providing for the entering into of easement and covenants with owners of real property for the conservation of property of cultural heritage value or interest; AND WHEREAS there is a former factory building located on land described as Plan 378 and Part Lot 553 and currently municipally addressed as 120 Victoria Street South in the AND WHEREAS Council and the owner of the Huck Glove factory recognize that the Huck Glove factory is a structure of cultural heritage value or interest; AND WHEREAS the municipal heritage committee in Kitchener known as Heritage Kitchener supports the entering into of a heritage easement and covenant agreement with the owner of the Huck Glove factory to conserve the Huck Glove factory; AND WHEREAS Council and the owner of the Huck Glove factory wish to conserve the Huck Glove factory; AND WHEREAS the owner of the Huck Glove factory also wishes to address the special regulation provision proposed to be applied to the zoning of the lands described as Plan 378 and Part Lot 553 and currently municipally addressed as 114-118 Victoria Street South and 120 Victoria Street South, in order to receive heritage bonus floor area; NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as follows: 1. That the Mayor and Clerk be authorized to enter a heritage easement and covenant agreement satisfactory to the City Solicitor with the owner of the real property on which a building known as the former Huck Glove factory is presently situated to provide for its conservation, and authorize staff to take such steps as may be necessary to register the heritage easement and covenant agreement against the real property affected. PASSED at the Council Chambers in the City of Kitchener this day of , A.D. 2018. _____________________________________ Mayor _____________________________________ Clerk 3 - 6