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HomeMy WebLinkAboutHK - 2019-02-05 - Item 4 - Heritage Best Practices Update and 2019 PrioritiesDate: January 22, 2019 To: Heritage Kitchener From: Leon Bensason,Coordinator, Cultural Heritage Planning Subject: Heritage Best Practices Update and 2019 Priorities In 2015, City staff canvassed other municipalities through the Ontario Heritage feedback and following discussion with Heritage Kitchener, direction was received from Council to implement eight heritage best practice measures. Implementation of heritage best practices is identified as a strategic priority for th At the February 5meeting of Heritage Kitchener, staff will provide the committee with an update on the eight heritage best practices and an overview of the HBP priorities for 2019. A copy of the original HBPs report is attached. 4 - 1 REPORT TO:City Council DATE OF MEETING:December 14, 2015 SUBMITTED BY:Alain Pinard, Director of Planning, 519-741-2200 x7319 PREPARED BY:Leon Bensason, Coordinator, CulturalHeritage Planning, 519-741-2200 x7306 WARD(S) INVOLVED:All DATE OF REPORT:November 12, 2015 REPORT NO.:CSD-15-091 SUBJECT:Heritage Best Practices ___________________________________________________________________ RECOMMENDATION: That staff be directed to undertake the recommended actions identified in the heritage best practices summary table, as outlined in Community Services Department report CSD-15-091,and provide Heritage Kitchener with a progress report byDecember 31, 2016. EXECUTIVE SUMMARY: City staffhave conducted areview and consulted with Heritage Kitchener onheritage best practice measuresensuing discussion with Heritage Kitchener confirms that the City is doing many things right and is a leader within the Region and possibly the Province in the policies, procedures and programs that have been developed to support cultural heritage planning efforts. However, the review also identifiesseveral opportunities for improvement.A table summarizing eight recommended immediate, BACKGROUND: On April 23, 2015 City Council directed staff to consult with Heritage Kitchener on heritage best practices and to report back to Council.Discussion onthis topic occurred at the June and October Heritage Kitchener meetings. This report outlines the best practice measures the City is currently implementing; where gaps and opportunities for improvement exist; and what actions the City may wish to take to address such opportunities. REPORT: *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 4 - 2 Best practices in heritage conservation are typically guided through codes of practice that have been formulated and advocated over the years by heritage specialists. These include universal codes issued through international charters and principles of practice established at nationaland provincial levels. In 2003, Parks Canada published the Standards & Guidelines for the Conservation of Historic Places in Canada.The principles that underpin the Standards and Guidelinesinclude employing research and investigation to understand historical places; conducting integrated, long term planning before conservation work begins; finding viable and compatible uses for historic places; and using a conservation approach that respects the value of historic places. While the Standards & Guidelinesform the basis of good conservation practice in Canada, in reality, local heritage conservation efforts must also answer the demands of many stakeholders, all of whom envision the value of cultural heritage in their own way. Achieving abalance among thecomplex, often conflicting range of cultural, social and economic values is central to the sustainable conservationof heritage resourcesand in achieving best practice solutions locally. In conducting its review of heritage best practices, City staff considered the following information and sources: National standards and guidelines and provincial legislation and policy that enable and guide the protection and management of cultural heritage resources; Current City policies and procedures for identifying and managing built heritage resources, cultural heritage landscapes and archaeological resources; Conservation tools and approaches used by other municipalities, and; Comments and feedback received from Heritage Kitchener. Kitchener Best Practice Measures The following highlights some of the best practice measures and actions the City has taken and is currently implementing to address heritage conservation effortsin Kitchener. Inventory of Built Heritage Resources & Cultural Heritage Landscapes The first critical step toward conserving cultural heritage resources is to inventory such resources as a means of understanding their value and importance to a community. Kitchener Best Practice The City of Kitchener began to inventory properties of cultural heritage interest soon after the Municipal Heritage Committee was established inthe late 1970s. The heritage inventory was populated over a twenty year period, culminating in the identification of over 800 properties by the end of the 1990s. The City recently completed a comprehensive review of its built heritage resources (including properties previously identified on the heritage inventory) through efforts to list non-designated property on the Municipal Heritage Register. From 2007 to 2015 over 1000 properties 4 - 3 -step listing process, resulting in Council formally listing 236properties on the Municipal Heritage Register. InApril 2015, Kitchener joined only a handful of municipalities in Ontario in completing an inventory of significant cultural heritage landscapes. These efforts have resulted in the City establishing a complete and up to date inventory of built heritage resources and cultural heritage landscapes, and in positioning the City to be pro-active in its efforts to conserve such resourcesmoving forward. Comprehensive Heritage Policies in the New Official Plan Provisions under the Planning Act and Provincial Policy Statement (PPS 2014) provide municipalities with the means to address the conservation of cultural heritage resources. The most significant of these tools is the adoption of heritage policies in the Official Plan addressing the identification, promotion and protection of cultural heritage resources. Kitchener Best Practice The Cityof Kitchener has included heritage policies in its Official Plan since at least 1994. Today, it has some of the most comprehensive Official Plan heritage policies in the Province. As part of the recent Official Plan review process, several new policies heritage resources. These include new policies addressing cultural heritage landscapes, heritage corridors, conservation plans, the taking of financial securities in the development process, and the City leading by example in the management and care of City owned cultural heritage resources. Use of Heritage Impact Assessments & Conservation Plans Municipalities areenabled under the PPS 2014 to use Heritage Impact Assessments, Conservations Plans and Archaeological Assessments in the planning process to evaluate and mitigate impacts on cultural heritage resources. Kitchener Best Practice The City of Kitchener was one of the first municipalities in the province to use Heritage Impact Assessments (HIAs) as a conservation tool in the development review process,andmore recently has required Conservation Plans (CPs) to address the care and ongoing maintenanceof cultural heritage resources. In identifying conservation options to avoid or reduce negative impacts, HIAs and CPs haveproven to be avery itscultural heritage resources. FullUse of Municipal Tools Under the Ontario Heritage Act and Other Provincial Legislation 4 - 4 The Ontario Heritage Act and other legislation provide municipalities with the means to identify and protect cultural heritage resources, and sets out procedures for managing change. Kitchener Best Practice The City of Kitchener has made full use of the conservation tools afforded to municipalities under the Ontario Heritage Actand other legislation asfollows: o Listing of non-designated property on the Municipal Heritage Register 4-step listing process is one of the most transparent in the Province. From 2007 to -step listing process, resulting in Council formally listing 236properties. o Designation under Part IV and V of the OHA. As of the date of this report there are 91individually designated properties in Kitchener. The City has also designated over 1000 properties located in four Heritage Conservation Districts. o Heritage Easements. The City has entered into heritage easements with several property owners in applying a higher level of heritage protection to significant cultural heritage resources. o Heritage Permit process.The City first establish a heritage permit process in the 1990s and has since adapted the process to address changing needs and expectations (e.g. shortened processing timelines through delegated approval). o Property Standards.In 2008, Council prescribed minimum standards for the maintenance of vacant designated property through adoption of aproperty standards by-law. o Grants.In 2002 the City established the Designated Heritage Property Grant Program providing matching funds to designated property owners for authentic restoration work. o Tax Refund Program. Kitchener was one of the first municipalities in the Province to establish a heritage tax refund program in 2003. The program (enabled under The Municipal Act) offers a reduction in property tax to qualifying designated property owners. Planning & Development Review Process The conservation of cultural heritage resources requires careful consideration during the planning and development review process to ensure that potential impacts are acknowledged andappropriately managed. Development review processes and tools are only effective when municipal officials, property owners, developers and other stakeholders have the information they need to identify cultural heritage resources and when heritage review p Kitchener Best Practice The City recently completed work on enhancing communication by updating heritage GIS mapping system and is currently doing the same 4 - 5 The City is also in discussion with Regional heritage staff regarding gaining access to information on areas having archaeological significance through the Regional archaeological potential GIS model. These efforts help ensure the City is proactive in its consideration of heritage resources in development and public works reviews, and in tracking information on heritage inquiries, permit applicationsand grants. Challenges and Opportunitiesfor Improvement While the citizens of Kitchener and stakeholders such as designated property owners are well served by many Kitchener,like many other municipalities in Ontario facesthe challenge offully meeting certain responsibilities and public expectationsrelative to cultural heritage. Just as other municipalities have turned to Kitchener for guidance on Heritage Impact Assessments benefit from following the lead of other municipalitieswhere gaps in procedure or implementation exist. City staff best practice measures. In reviewing the feedback received from other municipalities and in discussion with Heritage Kitchener, the following opportunities for improvementand recommended actions are identified. Establish a Built Heritage Emergency Management Protocol & list of pre- qualified Engineers for emergency situations affecting heritage property The City of Hamilton has a Built Heritage Emergency Management Protocolto address the need for a defined heritage management process in emergency situations. The protocol was established after the structural failure of a designated built heritage resource. Currently, the City of Kitchener does not have an equivalent protocol. management of built heritage resources during an emergency. It identifies parties to be included in the decision-making process; those with authority to make decisions; and the process and criteria by which the decisions are made and stakeholders and has spoken with Hamilton building officials, and is in support of using the Hamilton protocol as the template in establishing a similar protocol in Kitchener. The City Solicitor is prepared to review the Hamilton protocol in greater detail over the next few months, in outlining a draft that would be reviewed by Heritage Kitchener before being considered by City Council. Related to the development of a Built Heritage Emergency Management Protocol is the establishment of a list of pre-qualified engineers who may be used by the City in emergency situations affecting heritage property. The Canadian Association of Heritage Professionals (CAHP) maintains a directory of heritage consultants including building specialists and engineers who have experience commenting on and working 4 - 6 with heritage resources. All professional members of CAHP have at least five years of heritage related experience and are subject to heritage peer review. Similarly, the Ontario Heritage Trust has published a list of professional engineers with similar heritage experience and credentials. The in support of using the directory maintained by the CAHP orthe list developed by the Ontario Heritage Trust in identifying one or more pre-qualified engineers who may be used by the City in emergency situations affecting heritage property. The establishment of a Built Heritage Emergency Management Protocol and list of pre-qualified engineers for emergency situations affecting heritage property, would help to ensure that the City responds to such situations in a prudent and managed way. Recommended Action o That City staff use the City of Hamilton Built Heritage Emergency Management Protocol as a model to start drafting a similar protocol for Council consideration, and that staff use the directory maintained by the Canadian Association of Heritage Professionals orthe list developed by the Ontario Heritage Trust in identifying one or more pre-qualified professional engineers who may be used by the City in emergency situationsaffecting heritage property. Take specific action to conserve City-owned cultural heritage resources The new Kitchener Official Plan adopted by Council in June 2014 contains policies addressing how the City will lead the community by example in the conservation of City-owned cultural heritage resources. Policy 12.C.1.43 states that the community by example in the management and care of City-owned cultural heritage resources by following good conservation practice consistent with theParks Canada Standards and Guidelines for the Conservation of Historic Places in Canada Further, policy 12.C.1.44 states that under the Ontario Heritage Act for all City-owned cultural heritage resources and . The care and maintenance of City owned buildings and structures, including those that are of heritage interest or significance,typically falls under the purview of the reveals that Facilities Management maintains 23 properties that have heritage status. These properties include public buildings, cemeteries and golf courses to name a few. Several properties like the Registry Theatre, Homer Watson House and Harry Class pool are designated under the Ontario Heritage Act. Others like the former Legion building, City Hall and the Kitchener Public library (main/central)are listed on the Municipal Heritage Register. Some buildings like the library and City Hall have established maintenance programs and budgets in place, while the maintenance of others draws from a fund that serves numerous City-owned properties. 4 - 7 A Conservation Plan is a document that details how a cultural heritage resource can be conserved. The plan typically assesses the condition of the resource and its heritage attributes, and makes specific recommendations regarding short and long term conservation, monitoring and maintenance measures. It is recognized that City-owned cultural heritage resources may require different asset management requirements compared to other buildings, and that measures to achieve good conservation practices may be suited to being implemented in the short and long term. In the short term, the City should give consideration to reviewing its standard monitoring checklist to apply heritage considerations in the routine inspection of City-owned built heritage resources. In the longer term, the City should give consideration to preparing Conservation Plans for select City-owned cultural heritage resources. The Conservation Plans would help establish priorities for repair, care and maintenance over time, and assistin the wise allocation of funds. The City would also be better served in the longer term if a sustainable funding source, specifically earmarked for the maintenance and conservation of City-owned cultural heritage resources, was established. Recommended Actions o That City staff review the Facility ManagementDivisionstandard monitoring checklist to apply heritage considerations in the routine inspection of City-owned built heritage resources. o That City staff prepare a report for Council consideration addressing how best to proceed in preparing Conservation Plans for select City-owned cultural heritage resources, and in establishing a sustainable funding source for the care and maintenance of City-owned cultural heritage resources over the long term. Increase activity in designatingcultural heritage resourcesincluding City- owned properties Over the past 8 years the City has focused its efforts in listing non-designated property on the Municipal Heritage Register. From 2007 to 2015, a total of 236properties were listed on the Register. In comparison during the same period,10 properties were individually designatedunder Part IV of the Ontario Heritage Act. While listing serves to formally identify a property as a cultural heritage resource, it affords only limited protection. Heritage 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 the Consideration should be given to being more active in designating identified cultural heritage resources,including City-owned resources, and in passing designating by- ce of a notice of intention to designate. 4 - 8 Recommended Action o That a sub-committee of Heritage Kitchener be established to work with City staff inreviewing the list of non-designated propertieson the Municipal Heritage Register,including City-owned properties, in identifying prioritycandidates for designation, with a view toward bringing recommendations forward for designation annually in consultation with property owners. Prepare a heritage procedural protocolto apply best practice measures relating toprocesses underthe Ontario Heritage Actincluding defining notice requirements for demolition of listed property, and compliance with the heritage permit approval process Some municipalities in Ontario such as the City of Kingston, have passed a heritage procedural by-law or protocol which providesheritage property owners, the public and other stakeholders clear direction oncouncil approved processes relatedto matters under the Ontario Heritage Act.City Council approvalof a heritage procedural protocol in Kitchener could serve to consolidate existing council approved processes such as the submission requirements for heritage permit applications and the criteria for delegated approval,and introduce new best practice measures currently not in effect in Kitchener but which have been implemented byother municipalities.Most notably, processes associated with defining notice requirements for the demolition of listed heritage property,andprocesses associated with heritage permits and non- compliance under the Ontario Heritage Act. Under the Ontario Heritage Act,owners of listed properties must give Council at least 60 days notice of their intention to demolish or remove a building or structure on the property. Ministry officials strongly advise that in order to avoid confusion or uncertainty, the process a property owner must follow in notifying Council of the intent to remove or demolish a building on a listed property, should be adopted by Council in advance.Kitchener has not yet established such a process. Similarly, Kitchener should consider implementingsome best practice measures that would assist in enforcing compliance with the heritage permit application process. These new measures could include: -conducting routine inspections after issuance of aheritage permit; -requiring the submission of a new application if work approved through issuance of a heritage permit is not completed within a specifictime(e.g. in Kingston the timeline is within 3 years);and, -defining remedies that are available to the City where work is undertaken without a heritage permit or deviates from an approved heritage permit. Recommended Action 4 - 9 o That City staff prepare a heritage procedural protocolin consultation with Heritage Kitchener for Council consideration, that would provide direction on council approved processes related to matters under the Ontario Heritage Act, including defining notice requirements for the demolition of listed heritage property, and processes associated with heritage permits and non-compliance under the Ontario Heritage Act. Build greater capacity for heritage conservation through public awareness and support programs As owners of the majority of the commun property owners are the stewards of the commun greater awareness and appreciation of the significance of cultural heritage resources, of existing policies and guidelines,andof the merits of heritage conservation is one of the most effective tools to conserving our cultural heritage. While the City has developed programs such as the Mike Wagner Heritage Awards and communication products like heritage district walking tours and other information available on-lineto celebrate successes and promoteheritagein the community, more can be done. response to the province discontinuing grants to designated property owners in the late 1990s leveraging private investment by covering half the cost of authentic restoration work up to a maximum $3000. The maximum grant amount and eligibility criteria have not changed since 2002. In 2008, the City canvassed other municipalities in Ontario and consulted with designated property owners regarding the program and whether itshould be updated. In general,the respondents rated the program as very valuable and provided feedback for potential improvements. Areas recommended for potential improvement included expanding the scope of eligible projects; increasing the maximum grant value; and accepting grant applications throughout the year. Of the 20 municipalities canvassed back in 2008, 5 provideda maximum grant value per property of $5000 and 8 others provideda maximum grant value ranging from $10,000 to $20,000per property. City staff are of the opinion that grant program to bring the program into conformity with those established in other municipalities, and to address the some of the expectations of designated property owners. The volunteers who sit on Heritage Kitchenermake a valuable contribution to local conservation. Committee members range from interested citizens to local historians, planners, architects, real estate agents and other professionals. Many have relevant 4 - 10 skills and experience which could beleveraged to promote greater public education and awareness of heritage conservation issues. Similarly, there may be value in investigating the opportunity to develop partnerships with other area municipalities, the Region, community organizations, academic institutions and businesses to broaden the support base for heritage locally. Recommended Actions o That City staff conduct a Program to include examining grant amounts and eligibility,with a report to be reviewed by Heritage Kitchener and considered by City Council. o That City staff leverage the skills and interests of members of Heritage Kitchener in striking a sub-committee to promote greater public education and awareness of heritage conservation. o That City staff investigate the opportunity to develop partnerships with other area municipalities, the Region, community organizations, academic institutions and businesses to broaden the support base for heritage locally. Timing &Implementation of Recommended Actions Timing for the implementation of the 8recommendations made in this report will vary and isimpacted by other priorities identified in the heritage and planning work plans, staff resources within planning and other divisions, and the complexity of the task at hand. City staff can take action almost immediately or within the next few months on some recommendations, while otherswill require more timeto complete. The Heritage Best Practices Recommended Actionssummarytable attached as identifies each of the 8recommendations made in this report and the anticipated timing for implementation in the following categories:Quick Wins (immediate); Short Term (within 1year); LongerTerm (3years). ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: through the delivery of core service. FINANCIAL IMPLICATIONS: Potential financial implications of select recommendations are dependent on further Council discussions and considerationswhen each action moves forward. 4 - 11 COMMUNITY ENGAGEMENT: INFORM of the council meeting. CONSULT & COLLABORATE Discussion on heritage best practices occurred at Heritage Kitchener in June 2015and October 2015. Comments and feedback provided by committee members as well as delegations,including the local branch of the Architectural Conservancy of Ontario,have been considered and are reflected in this report. REVIEWED BY: Brandon Sloan, Manager of Long Range & Policy Planning ACKNOWLEDGED BY: Michael May,Deputy CAO, Community Services Department Attachment: Heritage Best Practices Recommended Actions summary table 4 - 12 HERITAGE BEST PRACTICES RECOMMENDED ACTIONS Quick Wins 1.That City staff use the City of Hamilton Built Heritage Emergency Management Protocol as a model to start drafting a similar protocol for Council consideration, and that staff use the directory maintained by the Canadian Association of Heritage Professionals orthe list developed by the Ontario Heritage Trust in identifying one or more pre-qualified professional engineers who may be used by the City in emergency situationsaffecting heritage property. 2.That a sub-committee of Heritage Kitchener be established to work with City staff in reviewing the list of non-designated propertieson the Municipal Heritage Register,including City-owned properties,in identifying prioritycandidates for designation,with a view toward bringing recommendations forward for designation annually in consultation with property owners. 3.That City staff review the Facility ManagementDivision apply heritage considerations in the routine inspection of City-owned built heritage resources. Short Term 4.That City staff prepare a heritage procedural protocolin consultation with Heritage Kitchener for Council consideration, that would provide direction on council approved processes related to matters under the Ontario Heritage Act, including defining notice requirements for the demolition of listed heritage property, and processes associated with heritage permits and non-compliance under the Ontario Heritage Act. 5.That City staff leverage the skills and interests of members of Heritage Kitchener in striking a sub-committee to promote greater public education and awareness of heritage conservation. LongerTerm 6.That City staff prepare a report for Council consideration addressing how best to proceed in preparing Conservation Plans for select City-owned cultural heritage resources, and in establishing a sustainable funding source for the care and maintenance of City-owned cultural heritage resources over the long term. 7. to include examining grant amounts and eligibility, with a report to be reviewed by Heritage Kitchener and considered by City Council. 8.That City staff investigate the opportunity to develop partnerships with other area municipalities, the Region, community organizations, academic institutions and businesses to broaden the support base for heritage locally. 4 - 13