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HomeMy WebLinkAboutDSD-2025-313 - Proposed Repeal and Replacement of Chapter 643 Development Services Department www.kitchener.ca REPORT TO: Heritage Kitchener DATE OF MEETING: November 4, 2025 SUBMITTED BY: Garett Stevenson, Director of Development and Housing Approvals, 519-783-8922 PREPARED BY: Victoria Grohn, Heritage Planner, 519-783-8912 WARD(S) INVOLVED: All DATE OF REPORT: August 5, 2025 REPORT NO.: DSD-2025-313 SUBJECT: Proposed Repeal and Replacement of Chapter 642 of the City of Kitchener Municipal Code Regarding Delegated Approval Authority for Heritage Permit Applications RECOMMENDATION: That the draft by-law attached as A to report # DSD-2025-313 be enacted to repeal and replace Chapter 642 of the City of Kitchener Municipal Code regarding delegation of the power to consent to alterations to property designated under Part IV and Part V of the Ontario Heritage Act. REPORT HIGHLIGHTS: The purpose of this report is to repeal and replace Chapter 642 of the City of consent to alterations to property designated under Part IV and Part V of the Ontario Heritage Act. The key finding of this report is delegated approval authority to Staff given changes to the Ontario Heritage Act and an increase in the number of Part IV designated properties across the City. There are no financial implications. Community engagement included consultation with the Heritage Kitchener committee. This report supports the delivery of core services. EXECUTIVE SUMMARY: The Ontario Heritage Act permits municipal councils to delegate its consent or approval authority to staff for proposed alterations to designated heritage property. Kitchener City Council enacted By-law 2009-089 to delegate its approval authority for certain classes of alterations to Heritage Planning staff. Between 2018 and 2019, Heritage Planning staff proposed amendments to the Delegated Approval Authority by-law to improve processes related to the issuance of heritage permits. However, the Council at the time did not *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. support the changes proposed by staff. In 2023, amendments to the Ontario Heritage Act came into effect and altered how properties are identified and conserved by municipalities. properties on municipal heritage registers. In light of these changes, amendments to the Delegated Approval Authority by- warranted. The changes proposed by Heritage Planning staff expand the delegated approval authority to apply to both Part IV and Part V designated properties in effort to further streamline the heritage permit process and optimize Heritage Kitchener and Council meeting time to focus on more strategic and pressing heritage matters across the City. The City of Kitchener is proud to be a provincial leader in accelerating housing planning timelines and streamlined approvals to get homes built faster. BACKGROUND: In April 2005, the Ontario Heritage Act was amended to permit a municipal council to delegate its consent or approval authority for proposed alterations to designated heritage property. The objective of delegating approval authority is primarily to streamline the approval process for alterations, and to eliminate routine and administrative matters from heritage committee and council agendas. This typically includes applications compliant with recognized conservation practices and existing heritage policies and guidelines. In 2009, Kitchener City Council enacted By-law 2009-089 delegating its approval for certain classes of alterations to Heritage Planning staff. The provisions of the by-law were subsequently incorporated into Chapter 642 of the City of Kitchener Municipal Code Heritage Property Consent Alterations (see Attachment B). Chapter 642 of the Municipal Code outlines the circumstances and criteria to be used when qualifying a heritage permit application to be processed through delegated approval. In 2015, City Council directed Heritage Planning staff to examine heritage best practice measures in Ontario and to identify priority measures for implementation in Kitchener. Following discussion with Heritage Kitchener, one priority included improving processes related to the issuance of heritage permits. This included giving consideration to reviewing delegated approval authority for heritage permits and an Municipal Code to provide greater opportunity for heritage permits to be issued through delegated approval, when appropriate to do so. In 2018, Heritage Planning staff presented a discussion paper on the issue to the Heritage Kitchener committee, and at the time the committee expressed general support for considering an all alterations approach, whereby Council delegates approval authority to City staff for all alterations conditional on staff and the Committee Chair agreeing to process the application through delegated approval. In 2019, a new Heritage Kitchener committee was appointed and delegated approval was discussed. There was mixed support from the committee on the proposed changes. Some committee members expressed continued support for making changes if efficiencies in processing times and customer service would result. Other committee members expressed reservation with providing more delegated approval authority to staff and questioned if there was a need to amend the current provisions. Heritage Planning staff recommended minor amendment Code, and in particular to the criteria for the review of applications made for Part V designated property. The Heritage Kitchener committee at the time was supportive of this recommendation, but it was not approved at City Council. Starting in 2020, through our Development Services review (DSR), the City has eliminated unnecessary steps and optimized processes to support housing delivery. The DSR looked interact and made improvements resulting in clearer accountability, stronger collaboration, and ultimately a better customer experience. A key takeaway from the DSR was a staff commitment to continue to focus on process improvements that strengthen the Citlining and reducing the time for development application review. The proposed amended delegated approvals to staff processes build on this work. In January 2023, amendments to the Ontario Heritage Act came into effect through Bill 23, the More Homes Built Faster Act. The key goals of this legislation are to increase housing supply, promote affordability, and streamline development through a reduction of red tape and bureaucracy in the planning and approval process. Bill 23 altered how heritage properties are identified and conserved by municipalities. One properties on the Municipal Heritage Register to be evaluated to determine if they meet the criteria for heritage designation. Bill 200, the Homeowners Protection Act, 2024 extended the time municipalities must designate properties listed on their municipal heritage registers to January 1, 2027. Since these changes have come into effect, Heritage Planning staff has reviewed 94 properties. Of these properties, 35 are currently undergoing the designation process at various stages of completion and 45 have been fully designated under Part IV of the Ontario Heritage Act. The remaining properties reviewed were determined that no action should be taken at this time. As such, there are currently 139 Part IV designated properties across the City. The recent amendments to the Ontario Heritage Act warrant another review of Chapter improve productivity and optimize time for Heritage Planning staff, the Heritage Kitchener committee and Council. REPORT: Purpose and Current Scope of Delegated Approval Authority applications is generally regarded as a customer service measure. Delegated Approval Authority (DAA) can reduce the timelines for granting heritage approval from 6-8 weeks down to approximately 10 days and provides more efficient use of time and resources toward Heritage Kitchener committee and Council priorities. The current DAA by-law extends to alteration applications made under Part IV or Part V of the Ontario Heritage Act (OHA) but does not include applications for demolition. Part IV Designated Property -law, staff may consent to a heritage permit application (after consulting with Heritage Kitchener) if: Heritage Kitchener recommends approval (with or without conditions); and The conditions are either the same as those recommended by Heritage Planning staff or are conditions that Heritage Planning staff agree to. Part V Designated Property For properties designated under Part V of the Ontario Heritage Act (OHA), heritage approval through DAA may be granted in two scenarios: Scenario 1: Direct Staff Approval Heritage Planning staff may approve the application without referring it to Heritage Kitchener, provided that: The application does not meet specific criteria that would require committee review; and Staff consults with the HCD representative that sits on Heritage Kitchener, or with the Chair if no representative is available. Scenario 2: Committee Recommendation If the application is referred to Heritage Kitchener, and the committee recommends approval, then: Staff may grant final approval under DAA, following the same process used for Part IV designated properties. Heritage Permit Applications In practice, the application of DAA for Part IV and Part V properties is working well. While many heritage permit applications can be processed through DAA under the current framework and permissions, there have been instances when alteration applications in compliance with recognized conservation practices have not been able to be approved directly by staff due to the existing criteria as it is written in the current by-law. Additionally, applications for alterations to Part IV properties are approved through DAA after consultation with the Heritage Kitchener committee, in most instances. Further, the majority of heritage permit applications received for Part V properties are granted approval by Heritage planning staff through DAA without having to consult with Heritage Kitchener. The following are specific examples of heritage permit applications processed in the last few years where staff believe the existing by-law has limited the opportunity to further streamline the heritage approval process for designated property owners: Application Year 2021 HPA-2021-IV-007 (23 Roland Street) In this example, an application was made to remove and reconstruct the rear porch and balcony, based on evidence found in a historic photograph. The property is designated under Part IV of the OHA and located within the Victoria Park Area Heritage Conservation District (VPAHCD). Typically, applications for porch repairs and replacements in the VPAHCD are processed through DAA. However, given that this particular property is also designated under Part IV of the OHA, the proposal was required to be reviewed and considered by Heritage Kitchener as per the DAA by-law. The application was approved unanimously at Heritage Kitchener and the application was further processed by staff through DAA. Application Year 2023 HPA-2023-IV-020 (307 Queen Street South) In this example, an application was made to replace a portion of the roof on the property addressed as 307 Queen Street South. The designating by-law for this property identifies the exterior façade of each elevation, including the roof lines of the 1879 and 1893 buildings as well as the façade and roof line of the Queen Street elevation of the 1919 building as heritage attributes. The portion of the roof replaced as part of this application is not original to the building and not visible from the street. However, given that this is a Part IV designated property, the application was required to be reviewed and considered by Heritage Kitchener as per the DAA by-law. The application was approved unanimously at Heritage Kitchener and the application was further processed through DAA. Application Year 2025 HPA-2025-V-014 (59 Park Street) In this example, an application was made to demolish a non-original attached garage and non-original shed on the property addressed as 59 Park Street. The property is located cultural heritage value or significance. Given that this application contemplated the removal of a building or structure within the VPAHCD, the application required review and consideration by Heritage Kitchener. The application was approved unanimously at Heritage Kitchener and the application was required to go to Council for final approval. Reasons for Undertaking Review Municipal Heritage Register Review Project Following the 2023-2024 amendments to the Ontario Heritage Act (OHA), the City must re-evaluate all properties listed on the Municipal Heritage Register (MHR) by January 1, 2027. Properties not designated by this deadline will be removed from the MHR and cannot be re-listed for five (5) years. This review remains a key priority for Heritage Planning staff. Since the amendments came into effect, the City has designated 45 properties, with an additional 34 undergoing the designation process at various stages. Under the current DAA By-law, all heritage permit applications for these Part IV properties must be reviewed by Heritage Kitchener and, in some cases, Council; a process that typically takes 6-8 weeks. While the full impact on staff workload is not yet known, it is anticipated that continued reliance on the current DAA process will significantly increase demands on report preparation by Heritage Planning staff and committee agendas, regardless of application complexity or compliance. Changes to the Ontario Heritage Act Extension of Timelines Recent amendments to the OHA introduced new time limits for individual property designations, alterations to designated properties, and changes within heritage conservation districts. These timelines govern when applications must be deemed complete, when Council must make decisions, and when Notices of Intention to Designate must be issued. Currently, extending these timelines requires Heritage Kitchener review and Council approval. Proposed changes to the DAA By-law would allow Heritage Planning staff to manage extensions directly with property owners, streamlining processes and reducing the number of items requiring Heritage Kitchener committee and Council consideration. Impacts on Public Perception The heritage permit process under Parts IV and V of the OHA is often perceived as time- consuming, which can discourage property owners from supporting designation due to procedural delays. The proposed amendments to the DAA By-law aim to streamline approvals by expanding staff authority to process a broader range of applications, thereby reducing administrative burden for designated property owners. Proposed Changes to Delegated Approval Authority By-law To address the changes to the OHA regarding the MHR review and extension of timelines, as well as improve public perception around designated heritage properties, Heritage Planning staff propose the following amendments to the DAA by-law. The purpose of these amendments is to improve efficiencies around the processing of heritage permit applications and allow Council and committee agendas to focus on more complex or strategic heritage planning matters. Delegation of Consent to Alterations on Part IV and Part V Applications Heritage Planning staff recommend that Part IV and Part V properties be treated consistently under the DAA by-law. Most designating by-laws and HCD Plans clearly identify attributes contributing to cultural heritage value, allowing staff to assess compliance with proposed alterations. However, under the current DAA framework, even fully compliant applications for Part IV properties require review by Heritage Kitchener and, in some cases, Council. Minor alterations, such as the construction or removal of detached accessory structures under 15 square metres (161 square feet) which are not identified as heritage attributes, are examples of applications staff proposes to be processed through DAA, aligning with building permit exemptions. Larger structures or those with heritage value would continue to require Heritage Kitchener review. approval authority to staff for all alterations, except in defined cases. Below are the instances in which DAA would not apply: (a) The removal of heritage attributes as identified in a designating by-law, Heritage Conservation District Plan, or by Heritage Planning staff as having cultural heritage value; (b) The construction of a new single storey detached accessory building on the property if the entire footprint is greater than 15 square metres (161 square feet); (c) The removal of a single storey detached accessory building if the entire footprint is greater than 15 square metres (161 square feet) and is identified as a heritage attribute in the designating by-law, Heritage Conservation District Plan, or by Heritage Planning staff as having cultural heritage value; (d) Alterations that would have significant impact on the cultural heritage value of the property as identified in the designating by-law, the Heritage Conservation District Plan, or by Heritage Planning staff as having cultural heritage value; and (e) The application is highly complex, including situations in which a heritage impact assessment, conservation plan, or other heritage-related study is required to be submitted. A clause will remain allowing staff to refer any application to Heritage Kitchener and Council at their discretion. The purpose of the amendments to the DAA by- role in reviewing heritage permit application to more pressing and larger heritage planning matters (ex. Kitchener 2051, designation of properties on the inventory). Municipal Examples of Delegated Approval Authority Several Ontario municipalities have implemented DAA by-laws, including the surrounding municipalities of Waterloo, Cambridge, and Guelph. Many of these municipalities define scenarios where staff may approve heritage permit applications without municipal heritage committee or Council review. Inclusion-based lists, which specify permitted alterations, can create ambiguity when certain types of work are not explicitly identified. An exclusions-based approach provides greater clarity by outlining when DAA does not apply. The proposed amendment-law are informed by the model used in the Town of Oakville. Heritage Planning Staff Recommendations and Conclusion In alignment with changes to provincial legislation, optimizing Heritage Kitchener and Council time on heritage planning matters, and creating greater efficiencies to the heritage permitting process, Heritage Planning staff recommend the following: Expanding delegated approval authority to staff for all alterations to Part IV and Part V properties, except in defined circumstances, ensuring consistent treatment across properties; Utilizing an exclusions-based framework to reduce ambiguity and improve clarity around when delegated approval authority does not apply; Authorizing staff to manage extensions to statutory timelines directly with property owners, reducing the need for Heritage Kitchener and Council involvement; and enactment of the draft by-law included as Attachment A to this report. The changes being recommended should improve customer service by further streamlining the approval process for alteration applications that are consistent with heritage policy and good conservation practices. Applications that will STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM of the Heritage Kitchener committee meeting. CONSULT Heritage Kitchener has been consulted regarding the proposed amendments to the Delegated Approval Authority By-law. PREVIOUS REPORTS/AUTHORITIES: DTS-09-087 Delegation of Council Approval for Alteration Applications DSD-19-273 Amendment to Chapter 642 of the Municipal Code Regarding Delegated Approval Authority Ontario Heritage Act REVIEWED BY: Sandro Bassanese, Manager of Site Plan APPROVED BY: Justin Readman, General Manager, Development Services ATTACHMENTS: Attachment A Draft Delegated Approval Authority By-law Attachment B