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Home My WebLink AboutDTS-08-038 - By-law to Amend c.665 (Property Standards) of Municipal Code - Maintenance of Designated Heritage Property~ ~ ~ ~ ~~V~~0~1?7 ~~ t $t ~'~C~~1l~~f ~~~YfC~$ Report Tv: Development and Technical Services Camrrrittee Date of IVleeting: March ~1, ~a08 submitted By: Rob Bra~uning, general Manager DTS ~7'41~~bg9} Prepared By: Shayne Turner, Director of sy~law Enforcement {74~ -Z~~} LeanBensasont Coordinator, Cultural Heritage Planning X741 ~i~aB} I~Ilard~s} Involved: Ali Date of Report: Larch 7, a08 Report No.: DTS-a8~a8 subject: A DY-LAIN TD AMEND CHAPTER ~G5 PROPERTY STANDARDS} WITH RESPECT TO DESIGNATED HERITAGE PROPERTY R~CO~II~IENDATlO~I: That by-la~v be enacted to amend Chapter G5 ~Propert Municipal Cade, Frith respect to regulations specific to the property, as outlined in Report # DTS~~B-a~S, BAKROUND: y Standards} of the City of Kitchener maintenance of designated heritage In ~aa5, the Ontario Heritage Act vas amended to allav~r municipalities to include provisions in their property standards bylaws that ~rauld prescribe minimum standards far the maintenance of designated heritage property. Property that does not comply with the by-law may be required to be repaired to ensure that the character and integrity of the designated heritage attributes are maintained. Currently, Chapter fi5 Property Standards} can be used to address maintenance issues with a designated heritage building. Havuever, the means to address such issues are the same as far non-designated buildings, As such, a Property Standards Order can order the removal, replacement andlor repairs of various aspects of a building or property, but the order is very limited in terms of dictating how the v~ork is to be undertaken, or ghat materials are to be removed. These limitations are even greater in situations v~here a property is vacant or abandoned, regardless of the cultural heritage value ar status of the property. Council, at its September 17, ~aa~, meeting endorsed the Heritage Kitchener recommendation to support the incorporation of maintenance standards for designated heritage properties ~capy attached}. REPORT: The nevu provisions in the Ontario Heritage Act allow municipalities to develop standards, within their existing Property Standards By-laws, far ~ distinct class of buildings; those which are designated by by-law, pursuant to the Act. Thus, the property standards provisions related to these buildings can require that identified heritage attributes, as defined in the designating by- law, must be maintained in a manner that conserves the character and integrity of such attributes, and therefore the heritage value of the property. In chart, with the passage of this by- law, staff would have an enhanced ability to stipulate which features of the building are to be repaired, the manner in which the repairs must be undertaken, which material to use, etc.. !t should be noted that these new provisions only apply to the "heritage attributes" of the subject building, as prescribed in the designating bylaw for Part I individually} designated properties, and Part V Heritage Conservation District} designated properties identified as being of very high cultural heritage value, sometimes referred to as rvup "A' buildings in Heritage Conservation District HCD} Studies or Plans. In some cases, particularly early designations, Part IV designating by-laws may not specifically list individual heritage attributes or features, but would make general reference to the exterior of a building, facades or elevations. In these circumstances, the list of heritage features and attributes shall be identified by a Heritage Planner of the City of Kitchener, Similarly, where Heritage Conservation District Studies or Plans da not specifically identify property of very high cultural heritage value, such property, and the heritage attributes of such Part V designated property, shall be determined by a Heritage Planner of the City of Kitchener. Staff etirr~ate that to date, the following number of designated heritage properties mould be subject this by-1aw~ Part IV: 7 Part V: Upper Daan HCD ~~ 6}, St. lUlary's HCD: ~1 ~~ Unlike Upper Daon and St Illlary's, the Victoria Park HCD Study and Plan does not specifically rank or otherwise identify properties of very high cultural heritage value. Such assessment and identification shall be undertaken by Heritage Planning staff, As of the date of this report, the appeal period for the passage of the by-law designating the Civic Centre HCD has not yet passed. Should the by-law pass without appeal, or be approved by the ~ntaria Municipal Board if appealed, the estimated number of properties subject to these heritage property standards vuould be 4a. Any item on a designated building that requires repairs, and is not identified as a heritage attribute in the designating by-lava, ar otherwise identified as a heritage attribute by a Heritage Planner of the City of Kitchener, would not be subject to property standards identified far heritage property, and would be dealt with under the normal provisions of the Property Standards By-law, It i the City's intent to implement a process of systematically inspecting subject designated heritage properties to ensure compliance with the intent of the legislation. This approach may take the form of Property Standards officers inspecting all buildings with the assistance of 2 Heritage Planning staff within ~ 2-3 gear cycle. Should the inspection identify that there is ~ need to repair and maintain the designated heritage attributes, an order will be issued. Each order issued, will require that the property owner submit an application to Heritage Planning Staff who wi11 work with the Property Standards officers to ensure the intended work meets the intent of the legislation and follows appropriate heritage conservation practice. Such work nay ar may not also require the submission of a Heritage Permit Application under the ~ntaria Heritage Act. once an Ord er is issued, it is subject to the normal provisions of the Building fade Act, which i the legislation that dictates the administration and enforcer~ent processes far property standards. As such, the issuing officer has discretion to provide the appropriate timelines on each order as may be deemed by the individual circumstances, Also, the property owner has the avenue of appeal to the Property Standards Conmittee if they choose to challenge the ~rderor its timelines. As part of the communication and public consultation process for this initiative, Heritage Planning Staff notified all Part 1V and Part V designated property owners in January ~aa7 that the Dity eras undertaking a review of the Property Standards By-law relative to designated heritage property, Subsequently, in October ~aa7, a direct nailing was sent to thane praperky owners thought to be directly subject to the new provisions, being owners of Part 111 designated Property and select owners of Pert V designated property located within the Upper Daon and St. Mary's HDs. The mailing described in greater detail the pity's intent, included a copy of the drat ~y-law, end invited property owners to make comrri~nt. A cagy of that direct rnaiiing is attached. As a result of the direct mailing, which was sent to the ovuners of ~ a~# designated properties, responses were received. Dne was in support of the proposed bylaw and 2 expressed concerns, The concerns expressed included: ~ . The proposed by-law gives staff too much discretionary authority without recourse by the owner, such as arbitration. ~. The by-law could require owners of designated buildings which are vacant, to provide services such as heat and ventilation if the designated attributes are at risk of deterioration as a result of the freezelthaw cycle. Requirements to secure a vacant building by boarding it if it remains vacant far mare than gg days, is too stringent. Staff have reviewed and considered the comments received and made adjustments to the by- law to address some of the concerns Staff note that the property standards enforcement process, as dictated by provincial legislation, provides an avenue of appeal. As such, property owners do have an avenue of "arbitration" if they choose to avail thenselves of that opportunity. Designated heritage properties which are vacant or abandan~d, are particularly susceptible to damage caused by a lack of ongoing maintenance and repair, vandalism, and damage caused by freeze thaw cycles when utilities required to provide an appropriate amount of heat are shut off or disconnected. in this regard, Staff believe that the provisions in the bylaw with respect to vacant buildings are appropriate tools to have available. The proposed by-law has been adjusted to Hake provision for the Property Standards officer to make certain exemptions or 3 allow the owner to take alternative measures to achieve compliance based on individual circumstances and issues present at the time; such ~ providing services to a vacant building or boarding it after a certain amount of time ~i,e~ g0 days}. FINANCIAL IMRLICATI~N: None identified at this time. ol~I~uNIArl~lus: Na corporate communications were required. However, staff communicated directly with all identified owners of affected buildins+ as outlined earlier in this report 1n addition, a draft copy of this staff report was mailed out to those three proper#y owners who responded to the ~ctaber ~~~~ letter from the City. C~NCLUI~N: The proposed ar~endments #a Chapter fib Property standards} will apply to select properties which City Council, through the designation process, has identified as being of particular cultural heritage value ar~d significance, IJllhile it i staff's belief that the majority of affected designated buildings are in relatively good condition, these amendments will be a useful and appropriate tool to address instances where the repair of designated heritage attributes are required; and gill help to avoid instances where heritage attributes become irreparably damaged, and designated heritage property are lost by neglect. Shayne urner Director of By-law Enforcement ~r~cl. ~.~,_, ~~i Bensaon,111lC1P, RPP, CARP ordinator,Cuitural Heritage Planning 4 DRAFT i -Lf'1 Y Y I li V `~ U G I~ ~F THE CRPOI~ATIN ~F THE CITY OF KITCHENER Being a by-law to amend Chapter ~ of The City of Kitchener Municipal Code with respect to Property standards for 11~aintenance and occupancy.} vUHE~EA it is deemed expedient to amend Chapter G of The City of Kitchener ~Ilunicipal Code as adopted by By-laver 8,1 op; N~vV THEREFORE the council of the Corporation of the pity of Kitchener enacts as follows: ~ . article ~ of Chapter ~ o ~ of The City of Kitchener Municipal Code is hereby amended by adding the following definitions in alphabetical order thereto and renumbering the sections as required: . "heritage attributes" shall include all features of a heritage properky that are of significant cultural heritage value or interest as set out: ~a~ in the City of Kitchener's designating by-lava or documentation supporting such by-lave for property designated under Part ll! of the Orrfar~o Nri~age Act; {b} in a Minister's order made pursuantto Part I of the ~r~farr'o Neri~ag~e Act; or ~c} in the City of Kitchener' designating by-law or Heritage Conservation district study or Plan for property designated under Part V of the ~r~tario F~er~#age Act. vUhere the documents referred to in clauses a, b, and c above do not specifically fist the heritage propert}~' features of significant cultural heritage value or interest, such features, attributes or properties shall be as determined by a Heritage Planner. "Heritage Planner" shad mean the Coordinator, Cultural Heritage Planning or a Heritage Planner of the City of Kitchener. "heritage property" shall mean any property in the City of Kitchener, whether vacant or inhabited, that ~a} has been designated under section g or 34.5 of the ~r~trio ~ferr"gage Act; or fib} is property of vary high cultural heritage value ar interest and is situated in ~ heritage conservation district designated under ectian 4~ of the ~nfaria F~erifage Acf. "~rrfarro l~erifa~e Act' shall mean the ~r~fario 1~erifae Aaf, Rr.~. ~ g9a, ~.~, ~ 8 as arr~ended." . "property cf very high cultural heritage value or interest" shall include: {a} property referred to s a raup `A' building ar structure in either a heritage conservation district study or plan; and ~~} property located v~rithin a heritage conservation district and identified by a l~leritage Planner a being a particularly fine example of an architectural style, exhibiting unique qualities ar details that make it a landmar~C, of an age that contributes to its heritage value, associated Frith a significant kncv~n historic event or person, or contributing to the streetscape because it is part of an u nusual sequence, grouping, or situated in a unique location. ~. Article 34 of chapter ~B~ of The pity of I~Citchener Il~unicipal fade i hereb}~ deleted in its entirety and the fallovuing i substituted therefor: ~`ection 34.1 A!l v~ark performed in accordance vuith the requirements of this Article must damply vuith a!I ether relevant by-laves and #egislation including the ~n~arro l~erifae Acf, vllritten consent from council of the pity of ~Citchener or its delegate shall be required before any uwork impacting the heritage attributes of a property is performed, even ~rhen such vuark i ordered or required by the pre r I~Ln Vf th I b~ II.A ^7 r ect~on 34,E every a~rner and occupant Frith the ether requirement property as necessary to attributes section 34.3 of heritage property shall, in addition to complying s of this by-lave, maintain and repair the heritage protect and prevent deteriaratian of its heritage in addition to meeting the requirements of section ~3~r~ ~rhere a building or structure containing heritage attributes located an a heritage property is vacant, partially vacant or unoccupied for a period of mare than ninety ~g4} days, every ovwrner shall ensure that the follavtiring measures. are taken v~ith respect to that building or structure; ~a~ that in order to minimize the potential of deterioration of heritage attributes, the building or structure shall be boarded up to prevent the entrance of unauthorized persons, damage from natural elements, yr the infestation of pests. The boarding shall con~plywith the following requirements: i} all boards used in the boarding shall be installed Pram the exterior and shall be properly fitted in a watertight runner to fit within the side jambs, head jamb and the exterior battarn sill of the door ar window so that any exterior trirrr remains uncovered by the boarding; ii} all boards shall be at least ~ ~.7n~rn ~D. in.} weatherproofed sheet plywood secured with nails or screws at least ~ millimetres ~~ inches} in length and spaced not more than ~ ~D millimetres { inches on centre; iii} all boards shall be painted or otherwise treated o that the colour blends with the exterior of the building or structure; and iv} all boards shall be installed and maintained in good repair; fib} The exterior shall be maintained in order to prevent moisture perretratian and damage from the elements that may have an adverse impact on the heritage attributes; ~c} appropriate utilities serving the building shall be connected and used to provide, maintain, and monitor proper heating to facilitate conservation of the heritage attributes through the prevention of negative effects associated with freeze-thaw cycles; ~d} appropriate ventilation shall be provided to prevent damage to the heritage attributes that may be caused by humidity; and fie} in order to deter vandals and thus prate~t the building or structure containing heritage attributes from vandalism ar the stun of fires, appropriate security lighting must be installed and n~aintai~ed on the exterior of the building ar structure. section X4.4 vlfhere an owner satisfies an officer that a heritage property is not intended to remain vacant for a period exceeding six ~G~ months, tk~e officer may, in hislher sale discretion, exempt an owner from complying with any of the requiremerts of this Article or allow the owner to take alternative measures far the protection of the heritage attributes in place of any of the requirements of this Article Section 34.E vUhere an officer has granted an exemption or has approved alternative measures for compliance its this Articles such exemption or approval mar be ~rithdravun at any time upon ten ~~ ~} days' notice to the ou`rner if an off scar is of the opinion that the heritage property is likely to remain vacantfor a longer period than originally anticipated yr if, in the sole discretion of an officer, the heritage attributes are not being adequately protected by the measures being taken." ~. Section GG.Z. ~ of The City of Kitchener Municipal Code is hereby amended by deleting the vuords "Article ~~" and substituting the ~vord "Article 3" therefor. 4~ Section ~~.4.3 of The City of l~itchener Municipal Code i hereby amended b}~ adding the ~rords "F~eritage Planner" after the ~rords "BuildinglPiumbing lnpector~' thereto. Section G~~.~~. of The City of l~itchener Municipal Code is hereby amended by deleting the v~ords "Article ~4" and substituting the ~vord "~y-lay Number ~008- ~~cx, being a by-lay to require vacant buildings .and buildings damaged by fire to be secured against unauthorised entry" therefor. Section ~5.2.~ of The City of l~Citchener ~Ilunicipal Code is hereby amended by deleting the cords "Article 4" and substituting the ~rords "~y-lavu Number ~og8- ~:c,, bein a b -laver to re wire vacant buildin sand buildings damaged by fire to g y q g be secured against unauthor`r~ed entry" therefor, PAID atthe Council Chambers in the City of Kitchener this day of , A.~. og~. Mayor Clerk C~rpor~t~.S~rvi~es ~ ~ Ity ~# ~I~c~1eC1Br Clty I~~-~I, ~~0 ~Ir~~ t. I~feSt Kitchener, qN ~~ ~~ Date: ~ eptsmher ~, ~0~7 ~ - T~. . Turner, D~re~tor of nforcernent ~rorn: oadeve, ~omm~ttee Administrator - . c~: L. Bensason Subject; ~o~uncil ~es~iution~ ~r~tario ~ieritage ~otAr~endments ~ Property tandardstor . Nfaintenanc~ and ~ocupancy ~hapter~~5} This is to advise that fit ounci! at its re uiar meetin herd on N~enday, epte~ber ~ 7, 20~~ passed Y ~ the foilawir~g resolutian: "That the r~ osed ~ocess for amendin ha ter ~~~ Property standards fer aintenar~ce p .p p ~ p ~ and Oooupanc~~- of itchener's Municipai vd~ in ocordane ~uith eotions ~. and 4~,~ of the Ontario ~erita Aot to incorporate maintenance standards tar designated heritage . properties; he et~darsed."` F ; ~ -. . • ~ } - 4 ~ j ` - ~ t ~ ' f . BOO V~ ~~~ ~~ ~ -~.r~1~~ ~ ~ ~ ~ ~~ ~ ti ~ ;~~ M KITC~~R October l l , ~1~07 Dear Designated Heritage Property Owner, D~V~L~P~IE1~~' TE~J~AL SE~Y~~ES ~EPAR1'r~'EN~' ~~A~Y~V~NG DfY1'S~O~Y Lean Bensason, MCIP, RPP, CAHP Senior Heritage Planner City Hall, P.O. Box l ~ ~ ~ 2~0 Ding street west I~.itchener, Ontario Canada, N~ 4G7 PHONE: ~S l9} 741-23D~ >~ A. ~~ l ~} 741-264 TDDITYY; ~~ 1 ~} 741-23 85 ~MAiL: lean,bensasana kitchener,ca Re; Proposed A,rnendment to t>ie City of ~tchener Property Standards Bylaw Addressing tlic Maintenance n~ Designated Heritage Property City ofKitchener staff are currently reviewing the issue of amending Chapter 6G~ Property standards}, of the City's Municipal Code, the City's Property Standards By-law} to include provisions relating to the maintenance afdesignated heritage properties, ~ . In 20I}~, the Ontario Heritage Act way amended to allow municipalities to include provisions in their property standards bylaws that would prescribe rninirr~um standards for the maintenance of designated heritage property, Property that does not comply with the byylaw nay be required to be repaired to ensure that the character ar~d integrity ofthe designated heritage attributes are maintained, Reference to this initiative was nude previously in a letter mailed to all designated heritage property owners dated January ~6, X007 regarding the 2017 Designated Heritage Property grant Program, The purpose of this mailing is to ensure that you are advised afthe potential change to the Property standards Bylaw, and to provide yeu with an opportunity to comment~on the proposed amendment, Attached i a summary paper which outlines the proposed at~endn~ent to tl~e City's Property standards By-law. If you wish to respond to this proposed amendment, please provide written comt~ents to Leon Bensason, Senior Heritage Planner no later than November ~, 200 either by mail or a-mail see letterhead for contact inforrrration}, At this point, it is anticipated that a report ors this matter will lie presented to Committee and Council in late November ~0~7. If you wish to recei~re a cop} of the staff report and be advised of the details of the Committee and Council meetings, please indicate so in your cornrr~ents. Yours truly, ~ i fi~ s~ .,~~ ~ .. ~r'. I :• Leon Bensason senior Heritage Planner hayne T er Director of Bylav~ Enforcement