HomeMy WebLinkAboutDTS-07-157 - Designation & Adoption - Neighbourhood Heritage Conservation DistrictREPORT
Report To: Heritage Kitchener Committee
Development & Technical Services Committee
Date of Meeting: October 2, 2007 Heritage Kitchener}
October 15, 2007 (Development & Technical Services}
Submitted By: Jeff Willmer, Director of Planning (519-741-2325)
Prepared By: Leon Bensason, Heritage Planner (519-741-2306)
Wards}Involved: Ward 1
Date of Report: September 18, 2007
Report No.: DTS 07-151
Subject: DESIGNATION OF THE CIVIC CENTRE NEIGHBOURHOOD
HERITAGE CONSERVATION DISTRICT AND ADOPTION
OFTHE CIVIC CENTRE NEIGHBOURHOOD HERITAGE
CONSERVATION DISTRICT PLAN UNDER THE ONTARIO
H E R I TAG E ACT
RECOMMENDATIONS:
1. That pursuant to sub-section 41(1} of the Ontario Heritage Act, the Legal
Department be directed to prepare a by-law to designate as a Heritage
Conservation District, part of the Civic Centre Neighbourhood area, as
identified in the map entitled "Recommended Heritage Conservation District
Boundary -Civic Centre Neighbourhood Heritage Conservation District",
attached as Appendix "A" to Development and Technical Services Department
report DTS 07-151; and,
2. That the Civic Centre Neighbourhood Heritage Conservation District Plan
dated August 2007, prepared by Stantec Consulting Limited, Nexus Architects,
Ecoplans, and Michael Baker Historian Inc., and attached as Appendix `B' to
Development and Technical Services Department report DTS 07-151; be
adopted and constitute Council's intent with respect to the conservation of the
Civic Centre Neighbourhood area.
BACKGROUND:
Since April 2006, the consultant
team of Stantec Consulting Limited,
Nexus Architects, Ecoplans, and
Michael Baker Historian have been
undertaking a review and
assessment associated with the
City's proposal to establish a
heritage conservation district within
the Civic Centre Neighbourhood
area. Work on establishing the Civic
Centre Heritage Conservation
District (CCHCD) was divided into
two separate phases. Phase I
involved completing the Heritage
Conservation District Study, and
Phase II involved preparation of the
Heritage Conservation District Plan. The HCD Study included an inventory and assessment of
architectural and streetscape characteristics, along with research and analysis of the historical
and planning context of the area. The Study was completed in October 2006 and concluded
that the Civic Centre Neighbourhood was of significant cultural heritage value and met the City's
Municipal Plan criteria for designation as a Heritage Conservation District under Part V of the
Ontario Heritage Act. Specifically, the CCHCD Study identified the Study Area exhibited the
following key heritage attributes:
• An association with important business and community leaders during a key era of
development in Kitchener;
• A wealth of well maintained, finely detailed buildings from the late 1800s and early 1900s
that are largely intact;
• A number of unique buildings, including churches and commercial buildings, which
provide distinctive landmarks within and at the edges of the District;
• A significant range of recognizable architectural styles and features including attic gable
roofs, decorative trim, brick construction, porches and other details, associated with the
era in which they were developed;
• The presence of an attractive and consistent streetscape linked by mature trees, grassed
boulevards and laneways;
• Hibner Park, Kitchener's second oldest city park, as a green jewel in the centre of the
District.
On October 30, 2006 City Council formally accepted the recommendations and conclusions of
the CCHCD Study, and directed staff to proceed with Phase II of the initiative and to continue to
work with the consultant team to prepare the Civic Centre Neighbourhood Heritage
Conservation District Plan.
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Original HCD Study Area Boundary
Work on the CCHCD Plan (Phase II} began in early 2007. Whereas the CCHCD Study provides
the historical and architectural rationale for heritage district designation; the purpose of the
CCHCD Plan is to establish the framework by which the heritage attributes of the Civic Centre
Neighbourhood can be protected, managed and enhanced as the community evolves and
changes over time. It is meant to provide residents, property owners and the municipality with
clear guidance regarding appropriate conservation, restoration and alteration activities; and
assist City staff, Heritage Kitchener and City Council in reviewing and making recommendations
and decisions on permit and development applications within the heritage district.
REPORT:
Heritage Conservation Districts offer a way to protect, over the long term, areas that have
important and/or identifiable historic and architectural resources. The ability to designate
heritage conservation districts is provided under Part V of the Ontario Heritage Act, R.S.O.,
1980, c.337 (as amended) in the Province of Ontario, and further guidance regarding heritage
district evaluation and designation is provided by local Official (Municipal} Plans. The Ontario
Heritage Act states that if a by-law designating a heritage conservation district has been
passed, the municipality "shall adopt" a heritage conservation district plan for each district that is
designated.
The Civic Centre Heritage Conservation District Plan has been organized and formatted to meet
and exceed the content requirements for district plans as mandated under the Ontario Heritage
Act. This includes providing information on the following:
• Background and Purpose of Conservation Plan
• Reasons for designation (heritage character statement} for the Civic Centre
Neighbourhood;
• Recommended Heritage Conservation District Boundary;
• Overview of conservation principles, goals and objectives that provide the framework for
the conservation plan and design guidelines;
• Policies to provide direction for the management of change in the Civic Centre Heritage
Conservation District;
• Implementation recommendations relating to Municipal Plan policies, land use, zoning
by-laws, and other regulations and permit approval processes.
• A description of the heritage alteration permit approvals process along with information
on where to obtain assistance and advice when contemplating work.
• Architectural design guidelines relating to future alterations, redevelopment or other
changes to built form;
• Streetscape design guidelines to provide information and assistance for various
landscape activities associated with both public and private outdoor space;
• Conservation guidelines to assist property owners when undertaking maintenance,
restoration or alteration of the heritage features of their buildings;
• Glossary and definitions
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• Information and reference sources
• Detailed guide to undertaking major restoration work
The Recommended Heritage Conservation District Boundary
The CCHCD Study Phase I} suggested that a logical Heritage Conservation District boundary
would incorporate the whole of the originally identified Study Area, including all properties
fronting Victoria Street North, based on historical and architectural factors. However, given the
City's ongoing work with the Mixed Use Corridor Study to establish zoning and design
guidelines, the area of Victoria Street North, Water Street North and a portion of Weber Street
West was identified as an "area for further consideration" in Phase 2 to determine how best to
mesh the Municipal Plan intentions for both Mixed Use Corridors and heritage preservation.
This also allowed an opportunity for additional review and analysis of concerns expressed by
some property owners in the area, primarily within the Mixed Use Corridor boundary, with
respect to the proposed designation. Further discussion and analysis was undertaken by the
City and the consulting team to identify various options in order to come to a final determination
of the proposed Heritage Conservation District boundary. Input regarding these areas was also
obtained at a public workshop on February 24, 2007.
The conclusions of this analysis have led to the Recommended Heritage Conservation District
Boundary shown on Map 1 on the following page. The boundary incorporates all of the original
study area with the exception of some sections of the Mixed Use Corridor fronting on Victoria
Street, Water Street and Weber Street. Approximately 350 properties are located within the
recommended heritage conservation district boundary. The rationale for this boundary is as
follows:
• It incorporates the majority of the original Study Area, particularly those areas that reflect
the core residential area and have the greatest architectural and streetscape
consistency and integrity;
• It includes the corner properties located at the interface of Victoria Street and
intersecting streets as they are the key gateways and transition areas between the
Mixed Use Corridor and the residential neighbourhood. This will ensure that the City has
greater control over the design of new development, streetscape and landscape features
at these key gateways;
• It includes the majority of the north side of Weber Street, which has a high proportion of
the oldest, most unique and significant buildings in the neighbourhood;
• The majority of buildings ranked `A' and'B' are included, thereby providing protection for
the most important heritage attributes;
• It will allow, through the application of the Provincial Policy Statement under the
Planning Act; the review and evaluation of development applications made for property
located outside and adjacent the District, to ensure that they do not have a negative
impact on the heritage resources within the District;
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Excluded areas of Victoria Street are generally less architecturally significant than those
on the interior and on Weber Street. However, a number of properties on Victoria Street
are of greater value due to their architectural features and are proposed for designation
under Part IV of the Ontario Heritage Act, or for possible listing on the City of Kitchener's
Municipal Heritage Register;
Water Street has been excluded as it contains primarily `C' and `D' buildings and does
not serve as a gateway to the stable residential neighbourhood in the same manner that
the streets intersecting with Victoria and Weber Street do.
MAP 1-Recommended Heritage Conservation District Boundary
Implications of Heritage District Designation
Implications to Property Owners
Heritage conservation districts are focused on the preservation of a collective area to help retain
the key functional and visual attributes that convey or have a connection to the history of the
area in which they are located. The district can include buildings, landscapes or both. When an
area is designated as a heritage conservation district, it means that its essential elements are
protected, but it does not mean that an area is `frozen' in time or intended to be restored to
some specific historical period or style.
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Streetscapes are the primary focus of heritage conservation districts. Policies and guidelines
are put in place to provide direction about what kinds of alterations, additions or new
construction will be considered appropriate. Generally, the objective is to ensure that any new
development and alterations are sensitive to the heritage attributes and details of the District
and are based on good conservation practice. Heritage alteration permits are required for major
alterations and additions that are visible from the street or other public spaces such as laneways
and parks, as well as for new construction and demolition. Minor alterations, or additions and
renovations to the side or rear of buildings may not require heritage alteration permits if they are
not visible from streets or public spaces, although conservation guidelines may still be provided
to assist with maintenance and repair of certain building elements. The interior of buildings is
not affected in any way in a heritage conservation district, except for properties that have
previously been individually designated under Part IV of the Act and have interior features
identified in the reasons for designation.
As part of the work undertaken in preparing the CCHCD Study, properties located within the
proposed heritage conservation district boundary were assigned a ranking from A to D to assist
in the architectural assessment and the management of the heritage permit approval process.
Group A properties are considered to be of major heritage significance. Group B properties are
of importance. Group C properties are of value as part of the streetscape environment. Group D
properties are of no heritage significance. Table 5.1 in the CCHCD Plan (Recommended
Heritage Alteration Permit Requirements) included as Appendix C to this report, considers the
ranking of properties in identifying the type of projects and work that require heritage permit
approval. The table also uses shading to distinguish between projects/work where consideration
should be given to delegating approval authority to City staff. Staff will be bringing a report to
Council regarding the delegation of approval authority for select heritage permit applications in
the very near future.
Although heritage conservation district designation does put additional policies and guidelines in
place, along with a more stringent review /approvals process, residents should not view
designation as overly restrictive, cumbersome or an imposition on property rights, but rather as
an opportunity to retain and enhance an area's most unique and attractive features for the
overall benefit of themselves, the community and city as a whole.
Implications to the City
Changes made to the Ontario Heritage Act in 2005 through Bill 60 now mandate that municipal
public infrastructure improvements or changes will not have a negative impact on the heritage
characteristics of a heritage district. Specifically, Section 41.2 (1) of the Ontario Heritage Act
reads as follows:
Despite any other general or special Act, if a heritage conservation district plan is in effect in a
municipality, the council of the municipality shall not,
a) carry out any public work in the district that is contrary to the objectives set out in the
plan; or
b) pass a by-law for any purpose that is contrary to the objectives set out in the plan.
In this regard, Sections 3.3.6 (Public Realm Policies) and 7.3 (Public Realm Streetscape Design
Guidelines) of the CCHCD Plan are of relevance, given they contain specific policies, guidelines
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and recommendations regarding street trees, lighting, boulevards, signage and other such
infrastructure. Specifically, the public realm and streetscape policies and guidelines in the Plan
direct the City to:
• protect and preserve mature street trees to the extent possible unless they present a
public safety hazard;
• implement a street tree planting program to fill in gaps in order to enhance canopy
coverage;
• consider adopting a heritage tree designation policy;
• encourage the retention of grass boulevards and street trees, or develop replacement
programs where necessary;
• avoid increasing existing road right-of-ways and paved surfaces unless required for
public safety;
• Establish a common `language' of streetscape elements including benches, garbage
cans and bicycle racks that will complement the heritage attributes of the District and
create greater continuity;
• Introduce thematic street signage in the same manner as in other heritage districts in the
City;
• Preserve and maintain the existing historic style globe lighting on Queen Street
• consider establishing a street lighting hierarchy for commercial and residential streets
that is more sensitive to the heritage character of the area, and implement same as part
of the natural course of street lighting repairs and upgrades subject to available funding
availability; and,
• Identify opportunities for interpretive features that can bring awareness of the District's
heritage attributes to residents and visitors.
Recommended Planning Controls
Land Use Designations & Zoning
The Ontario Heritage Act requires that heritage conservation district studies shall "make
recommendations as to any changes that will be required to the municipality's official plan and
to any municipal by-laws, including any zoning by-laws" Section 40~2)~d)}. The CCHCD Study
identified a number of areas which required further consideration in Phase 2. The existing Civic
Centre Neighbourhood Secondary Plan land use designations and zoning were examined with a
view toward maintaining the predominant low-density character of the district, while recognizing
and accommodating the potential for land use change in a manner that would be both
complementary and compatible with the heritage features of the area.
The examination undertaken by the consultant team resulted in the following recommendations:
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Recommended Amendment to the Civic Centre Neighbourhood Secondary Plan
139-143 Queen Street North and 153-165 Queen Street North
Change the land use designation of 139-143 Queen Street North and 153-165 Queen
Street North from Medium Density Multiple Residential to Low Density Residential
Preservation, so as to preserve the existing historic scale and low density character of
the Queen Street streetscape north of Ellen Street.
Recommended Zoning Amendment
Mansion /Lancaster Area
Change the zoning for properties located on Mansion Street from Residential R7 to
Residential R6 to better reflect the intent of the Official Plan policies.
Change the zoning for properties located on Lancaster Street from R-7 and R-8 to R-5 to
be more consistent with zoning on opposite side of Lancaster and to protect the unique
character of Lancaster Street
Margaret Avenue
In the R8 zone that applies to 30 Margaret Avenue and the vacant lot in its entirety, add
the following Special Provisions:
Maximum height - 16.5 metres (5 storeys)
Maximum front yard setback - 10 metres
It is important to note that the above amendments are being brought forward at this time as
recommendations only, and to provide notice of the City's intent to initiate consultation with
affected property owners through the Planning Act application process, prior to Council's formal
consideration of these amendments.
Site /Area Specific Design Guidelines & Infill Case Studies
Several areas within the proposed CCHCD including properties located on Margaret Avenue,
Victoria Street North, Ellen Street East and Weber Street; have been identified as having a
distinct character and/or some development expectation or potential over the long term. To
ensure that future development in these areas, should it occur, is compatible with the District,
area specific design guidelines and case studies are included in the CCHCD Plan. The intent is
to accommodate infill development that is of relatively high density yet compatible with the
heritage character of the neighbourhood through the use of building articulation, upper storey
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and angular plane stepbacks, respect to built form and building setbacks, and the incorporation
of architectural features such as porches, pitched roofs, fenestration and detail.
FINANCIAL IMPLICATIONS:
There may be some financial implications associated with approving the CCHCD Plan, mostly
relating to the requirement that municipal public infrastructure improvements or changes will not
have a negative impact on the heritage characteristics of the district.
City Council has established a Heritage Conservation District Implementation Fund as a capital
budget account. This account provides monies to fund modest expenditures associated with
implementing select recommendations made in all of the City's approved HCD Plans. It is
expected that most of the expenditures associated with implementing the policies, guidelines
and recommendations of the CCHCD Plan, such as the design and installation of thematic
street signage and interpretive plaques/markers; and the premium associated with any upgrade
to the cost of introducing/replacing coordinated ornamental street furniture such as benches and
trash receptacles, can be funded through existing capital budget sources in accordance with the
10 year capital forecast.
The recommendation to prepare an urban forest management plan, to address in part the
implementation of a street tree planting program, could also have some modest financial
implications, and would need to be considered as part of the Community Services Department's
budget planning and work schedule.
The greater anticipated financial implication associated with the CCHCD Plan, relates primarily
to guidelines addressing ornamental street lighting. In addition to recommending that the
existing globe style pedestrian scale lighting on Queen Street North between Lancaster and
Ellen Streets be maintained; the Plan recommends that the City consider establishing a lighting
hierarchy that could introduce street light standards that would be more sensitive to the heritage
character of the neighbourhood than the current utilitarian cobra head fixtures. Two styles of
ornamental street lighting are recommended in the Plan; one for the interior residential streets of
the district, and another for the periphery streets of the district where the commercial scale is
more prevalent see Section 7.3.5}.
Current estimates suggest that upgrading from existing cobra head street lighting to ornamental
street lighting could add a per unit cost premium of anywhere between 100% (e.g. replacement
of cobra head fixture on existing pole ~ $500 vs. replacement with ornamental fixture on
existing pole ~ $1000), to 400% (if new ornamental fixtures and poles are introduced at a cost
of approximately $2000 each). Cost implications could vary significantly depending on whether
just the fixture or fixture and pole are replaced; the style of fixture; and the scale and scope of
the replacement program. It should be noted that the CCHCD Plan states that any such
program would only be considered as part of the natural course of street lighting repairs and
upgrades, and would be subject to funding availability.
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COMMUNICATIONS:
Public Input & Consultation
Public consultation has been a key component of both phases of the Civic Centre
Neighbourhood Conservation District project. In Phase I, this consisted of two public meetings
to review study findings, obtain input and present draft recommendations; two meetings with the
Steering Committee; two presentations to Heritage Kitchener; two questionnaires; three
newsletters about the project; a dedicated webpage link on the City of Kitchener's website; and
a public meeting at the Development and Technical Services Committee to present the final
Phase I report. Phase II has also had substantial public involvement. In addition to continuing to
meet with the Steering Committee, mail newsletters and post information on the website; the
City also hosted a public workshop on February 24, 2007; a public meeting on May 8, 2007; and
met with representatives of the three Churches located within the proposed district boundary.
These efforts have served to inform local residents, property owners and interest groups about
the various phases, findings and recommendations of the Study and Plan, and perhaps more
importantly, obtain input and identify issues and concerns.
In general, consultation during Phase I & II of the CCHCD project revealed strong support for
heritage district designation, particularly for the residential areas of the neighbourhood.
Concerns expressed were primarily directed at the potential impact of the district designation on
Victoria Street and to an extent on some of the other streets which contain commercial or higher
intensity residential designations or redevelopment potential. In Phase I District Study phase}
letters were received opposing the inclusion of some properties primarily located on Victoria and
Water Streets (with a small number on Weber, Ahrens, St. Leger, Cedar, Mansion, Queen and
Margaret -though none of those letters identified any specific reason or issues for excluding
those properties}. In Phase II District Plan phase}, letters were received from the planning
consulting firm of Dryden, Smith & Head, representing the owners of 10 properties located on
Weber, Water and College Streets, requesting that their property be excluded from the
boundaries of the proposed heritage district given the intention of the owners to redevelop the
properties for higher densities.
To a large degree, the refinement of the recommended CCHCD boundary, resulting in the
exclusion of the majority (but not all} of the properties located within the Victoria Street North
Mixed Use Corridor for reasons described earlier in this report, resolved many of the concerns
expressed by property owners. In addition, City staff met with representatives of the three
churches located within the proposed heritage district to discuss the implications of the
proposed district designation. At that meeting, representatives of Zion United Church and St.
Andrews Presbyterian Church expressed some concern with the impact of district designation
on the potential redevelopment of Church owned properties as part of the Four Churches
Project.
Of the formal written requests received during Phase I & II to exclude property from the
boundary of the heritage district, 18 properties continue to be located within the recommended
boundary as follows:
50, 52, 56, 80 Weber Street West
86, 88 College Street
151,153-155 Victoria Street North
127 Water Street North
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84, 86, 94 Ahrens Street
25, 31 St. Leger Street
108 Queen Street North
9 Margaret Avenue
39, 56 Mansion Street
City staff are of the opinion these properties should continue to be located within the heritage
district boundary. A review of the properties in question reveal that they are either identified as
Group A or B buildings (architecturally significant}; or are located at key gateway/transition
areas, or within the more stable residential core of the district, where establishing some
measure of control over the design of alterations, new development and streetscape character
is essential to maintaining the integrity of the heritage attributes of the CCHCD. Excluding
properties of considered heritage value from the heritage district boundary may in the long term
result in an overall decline in the character of the district if insensitive alterations are allowed,
which the heritage district is intended to prevent. Again, it is important to note that district
designation does not mean that these properties are `frozen' in time or intended to be restored
to some specific historical period or style. Rather, it means that the essential elements of these
and other properties included within the heritage district boundary and that contribute to the
character of the heritage district, will be protected. Compliance with the District Plan will ensure
that change that will inevitably occur over time, will be complementary and compatible with the
heritage attributes of the area. A copy of the correspondence received in Phases I and II of this
project are included in Appendices "D"and "E" respectively.
Public Notice
In accordance with the Ontario Heritage Act, formal notice of the public meeting where the
CCHCD Plan will be considered by the City (the Development & Technical Services Meeting of
October 15, 2007} was published in The Record on September 21, 2007. In addition, a
newsletter was mailed to all affected property owners advising of the date, time and location of
the three public meetings when the CCHCD Plan would be discussed/considered by City
Committees/Council Heritage Kitchener Committee on October 2, 2007; Development &
Technical Services Committee on October 15, 2007; and City Council on October 22, 2007};
and of the ability to obtain a hardcopy of the CCHCD Plan at City Hall; at the Kitchener Public
Library; and for download via the website established especially for this project at
http://www.kitchener.ca/cchcd.html
CONCLUSION:
The City of Kitchener's three existing heritage conservation districts (Upper Doon, Victoria Park,
St. Mary's} have proven successful in preserving the integrity of areas that are of important and
identifiable cultural heritage significance. The Civic Centre Neighbourhood Heritage
Conservation District is of considerable significant heritage value given its heritage attributes
found within its architecture, streetscape and historical associations. The designation of the
Civic Centre Neighbourhood as a heritage conservation district will help protect and preserve
the heritage assets and character that exist in the area; and the CCHCD Plan will provide the
planning framework to ensure that future change within the district is both complementary to
and compatible with the heritage attributes of the area.
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Leon Bensason, MCIP, RPP, CARP
Heritage Planner
Alain Pinard, MA, MCIP, RPP
Manager, Long Range Planning & Policy
Jeff Willmer, MCIP, RPP
Director of Planning
List of Attachments:
Appendix "A" - Map -Recommended Heritage Conservation District Boundary
Civic Centre Neighbourhood Heritage Conservation District
Appendix "B" - Civic Centre Neighbourhood Heritage Conservation District Plan, August
2007
Appendix "C" - Table 5.1: Recommended Heritage Alteration Permit Requirements
Appendix "D" - Correspondence received from the public during Phase I (HCD Study}
Appendix "E" - Correspondence received from the public during Phase II ~HCD Plan}
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