HomeMy WebLinkAboutDTS-08-073 - Deferral Of DtS-08-038 (Heritage Property Standards)'I~TC~~R " ''
Development &
Technical Services
Report To: Development & Technical Services Committee
Date of Meeting: May 12, 2008
Submitted By: ~ Jeff Willmer, Director of Planning (141-2325}
Prepared: By: Leon Bensason, Coordinator, Cultural Heritage Planning
(741-2306)
Wards} Involved: All
Date of Report: April 30, 2008
Report No.: DTS-08-O13
Subject: DEFERRAL OF DTS~08-038 (HERITAGE PROPERTY
STANDARDS}
RECOMMENDATION:
That consideration of the recommendation made in DTS-o8-038 (A By-law to Amend
Chapter 6fi5 [Property Standards with Respect to Designated Heri#age Property) be
deferred and referred to a future meeting of the Development and Technical Services
Committee.
BACKGROUND:
Staff report DTS-08-038 recommended that a by-law be enacted to amend Chapter 665
(Property Standards} to prescribe minimum standards for the maintenance of designated
heritage property. The report was scheduled to be considered at the Development and
Technical Services Committee meeting of March 31, 2008 but was referred by the Committee
to the Development and Technical Services Committee meeting of May 12, 2008 to provide an
opportunity for staff to hold a public information meeting with affected property owners.
REPORT:
At the direction of the Development and Technical Services Committee, City staff hosted a
public information meeting on April 17, 2008 to discuss a proposal to amend Chapter 665
(Property Standards} to prescribe minimum standards for the maintenance of designated
heritage property. Notice of the public meeting appeared in -the April 11, 2008 edition of The
Record, and was mailed out to 146 property owners (101 affected property owners and 45
owners of property located within the proposed Civic Centre Neighbourhood Heritage
Conservation District who could be affected should passage of the designating by-law be
approved by the Ontario Municipal Board}. A total of 15 property owners attended the public
meeting.
Of the property owners in attendance, a majority expressed concern with the draft by-law and
with the approach being proposed regarding enforcement of the maintenance standards for
designated heritage property. Considerable feedback was received at the public meeting and
was followed by several written responses.
City staff request Council's approval to defer consideration of the recommendation made in
report DTS-OS-038, to provide staff more time to review and evaluate the comments made by
affected property owners in considering the use and scope of a property standards by-law to
address the maintenance of designated heritage property. S#aff expect to bring forward an
addendum to report DTS-08-038 for Council's consideration, a~ or prior to the Development and
Technical Services Commit#ee meeting of June 16, X008. A copy of the addendum report and
notice of the Committee meeting when the report will be discussed, will be circulated to the 146
property owners who were invited to the April public information meeting.
FINANCIAL IMPLICATIONS:
None
COMMUNICATIONS:
Not applicable.
illmer, MCIP, RPP
hector of Planning
Begin, MCIP, RPP, CARP
Coord~nator,Cultural Heritage Planning
Attachment: Staff Report DTS-O8-038
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KTTCR
Development &
Technics! Services
Report To: Development and Technical Services Committee
Date of Meeting: March 31, 2ao8
. _ _._
Submitted B :
Y
.,
Rob Browning, General Manager DTS (741-2599}
Pre ared By:
p Shayne Turner, Director of By-law Enforcement (741-2753}
Leon Bensason, Coordinator, Cultural Heritage Planning
(141-2306}
Wards) Involved: All
Date of Report: March 7, 2048
Report No.: DTS-08-038
Sub'ect:
1 A BY-LAW TO AMEND CHAPTER 665 (PROPERTY
STANDARDS} WITH RESPECT TO DESIGNATED
HERITAGE PROPERTY
RECOMMENDATION:
That a b -law be enacted to amend Chapter 665 (Property Standards} of the City of Kitchener
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Munici al Code with res ect to regulations specific to the maintenance of designated heritage
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property, as outlined in Report #DTS-08-038.
BACKGROUND:
In 2005 the Ontario Heritage Act was amended to allow municipalities to include provisions in
heir ro ert standards b -laws that would prescribe minimum standards for the maintenance
t p p y y - w ma be re wired
of desi Hated heritage property. Property that does Hat comply with the by la y q
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to be re aired to ensure that the character and integrity of the designated heritage attributes are
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maintained,
Currentl Cha ter 665 (Property Standards} can be used to address maintenance issues with a
y' p h issues are the same as for
designated heritage building. However, the means to address suc
non-desi Hated buildin s. As such, a Property Standards Order can order the removal,
g g ~ ~ the Order is ve
re iacement and/or reparrs of various aspects of a building or property., but ry
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limited in terms of dictating how the work is to be undertaken, or what materials are to be
removed: These limitations are even greater in situations where a property is vacant or
abandoned, regardless of the cultural heritage value or status of the property.
Council at its Se #ember 17, 2001, meeting endorsed the Heritage Kitchener recommendation
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to su ort the incorporation of maintenance standards for designated heritage properties copy
pp
attached}.
REPORT:
The new provisions in the Ontario Heritage Act allow municipalities to develop standards, within
their existing Property Standards By-laws, for a 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 short, 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..
It should be noted that these new provisions only apply to the "heritage attributes" of the subject
building, as prescribed in the designating by-law for Part IV (individually} designated properties,
and Part V (Heritage Conservation District} designated properties identified as being of very
high cultural heritage value, sometimes referred to as Group "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 do 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 estimate that to date, the following number of designated heritage properties would be
subject this by-law: .
Part IV: 75
Part V: Upper Doon HCD (16), St. Mary's HCD: (10)
Unlike Upper Doon and St Mary's, the Victoria Park HCa 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 HGD has not yet
passed. Should the by-law pass without appeal, or be approved by the Ontario Municipal Board
if appealed, the estimated number of properties subject to these heritage property standards
would be 45.
Any item on a
attribute in the
Planner of the
designa#ed buildin
designating by-law,
City of Kitchener,
heritage property, and would be
Standards By-law.
g that requires repairs, and is not identified as a heritage
or otherwise identified as a heritage attribute by a Heritage
would not be subject to property standards iden#ified for
dealt with under the normal provisions of the Property
It is 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
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Heritage Planning staff within a 2-3 year cycle. Should the inspection iden#ify that there is a
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 will work with the Property Standards Oft~cers to ensure the intended work meets the
intent of the legislation and follows appropriate heritage conservation practice. Such work may
or may not also require the submission of a Heritage Permi# Application under the Ontario
Heritage Act.
Once an Order is issued, it is subject to the normal provisions of the Building Code Act, which is
the legislation that dictates the administration and enforcement processes for 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 Committee if they choose to challenge the
Order or its timelines.
As part of the communication and public consultation process for this initiative, Heritage
Planning Staff notified all Part IV and Part V designated property owners in January 2001 that
the City was undertaking a review of the Property Standards By-law relative to designated
heritage property. Subsequently, in October 2001, a direct mailing was sent to those property
owners thought to be directly subject to the new provisions, being owners of Part IV designated
Property and select owners of Pert V designated property .located within the Upper Doon and St.
Mary's HCDs. The mailing described in greater detail the City's intent, included a copy of the
draft by-law, and invited property owners to make comment.; A copy of that direct mailing is
attached.
As a result of the direct mailing, which was sent to the owners of 101 designated properties, 3
responses were received. One was in support of the proposed by-law and 2 expressed
concerns. The concerns expressed included:
1. The proposed by-law gives staff too much discretionary authority without recourse by
the owner, such as arbitration.
2. 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.
3. Requirements to secure a vacant building by boarding it if it remains vacant for more
than 90 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 themselves of that opportunity.
Designa#ed heritage properties which are vacant ~or aband~ora,~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 by-law with respect to
vacant buildings are appropriate tools to have available. The proposed by-law has been
adjusted to make 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 as providing services to a vacant building or
boarding it after a certain amount of time (i.e. 90 days).
FINANCIAL IMPLICATIONS:
None identified at this time.
CaMMUNICATI4NS:
No corporate communications were required. However, staff communicated directly with all
identified owners of affected buildings, as outlined earlier in this report. In addition, a draft copy
of this staff report was mailed out to those three property owners who responded to the October
2007 letter from the City.
C~NCLUSI4N:
The proposed amendments to Chapter 665 (Property Standards} will apply to select properties
which City Council, through the designation process, has identif ed as being of particular cultural
heritage value and significance. While it is staff's belief #hat 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
will 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
Leari Bensason, MCIP, RPP, CARP
~oordinator,Cultural Heritage Planning
Encl.
4
DRAFT
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend Chapter 665 of The City of
Kitchener Municipal .Code .with respect to Property .Standards
for Maintenance and Occupancy.}
UVHEREAS it is deemed expedient to amend Chapter 665 of The City of
Kitchener Municipal Code as adopted by By-law 88-100;
N01N THEREFORE the Council of the Corporation of the City of Kitchener
enacts as follows:
1. Article 1 of Chapter 101 of The City of Kitchener Municipal Code is hereby
amended b addin the following definitions .in alphabetical order thereto and
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renumbering the sections as required:
"heritage attributes" shall include all features of a heritage property that are of
significant cultural heritage value or interest as set out:
a} in the City of Kitchener's designating by-law or documentation supporting
such by-law for property designated under Part IV of the Ontario Heritage Act;
b in a Minister's order made ursuant to Part~IV of the Ontario Heritage Act; or
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(c) in the City of Kitchener's designating by-law or Heritage Conservation District
Study or Plan for property designated under Part V of the Ontario Heritage
A cf.
Where the documents referred to in clauses a, b, and c above do not specifically
list the herita a property's features of significant cultural heritage value or
9
interest, such features, attributes or properties shall be as determined by a
Heritage Planner.
..,
"Heritage Planner" shall 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 29 or 34.5 of the Ontario Heritage Act; or
2
fib} is a property of very high cultural heritage value or interest and is situated in a
heritage conservation district designated under Section 41 of the Onfario
Herifage Acf.
"Onfario Heritage Acf' shall mean the 4nfario Herifage Act, R.S.0.1990, c.0.18
as amended."
"property of very high cultural heritage value or interest" shall include:
(a) property referred to as a Oroup `A' building or structure in either a heritage
conservation district study or plan; and
fib} property located within a heritage conservation district and identified ~by a
Heritage Planner as being a particularly fine example of an architectural style,
exhibitin uni ue ualities or details that make it a landmark, of an age that
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contributes to its heritage value, associated with a significant known historic
event or person, or contributing to the streetscape because it is part of an
unusual se uence, rouging, or situated in a unique location.
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2, Article 34 of Chapter 665 of The City of Kitchener Municipal Code is hereby
deleted in its entirety and the following is substituted therefor:
"Section 34.1
All work performed in accordance with the requirements of this Article must
cam I with all other relevant by-laws and legislation including the Onfario
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Herifage Acf. Written consent from Council of the City of Kitchener or its
dele ate shall be required before any work impacting the heritage attributes of a
9 .
property is performed, even when such work ~s ordered or required by the
provisions of this by-law.
Section 34.2
Every owner and occupant
with the other requirement
property as necessary to
attributes.
Section 34.3
of heritage property shall, in addition to complying
s of this b -law, maintain and repair the heritage
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protect and prevent deterioration of its heritage
In addition to meetin the requirements of section :34.:2 where a building or
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structure containing heritage attributes located on a heritage property is vacant,
partially vacant or unoccupied for a period of more than ninety X90} days, every
owner shall ensure that the fallowing measures. are taken with respect to that
building or structure:
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~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, or the infestation of
pests. The boarding shall comply with the following requirements:
i} all boards used in the boarding shall be installed from the exterior and
shall be properly fitted in a watertight manner to fit within the side jambs,
head .jamb and the exterior ,bottom. sill of the door or window so that any
exterior trim remains uncovered by the boarding;
ii} all boards shall be at least 12.1mm (0.5 in.} weatherproofed sheet
plywood secured with nails or screws at least 50 millimetres ~2 inches} in
length and spaced not more than 150 mi{limetres ~6 inches} on centre;
iii) all boards shall be painted or otherwise treated so 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 penetration 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
(e} in order to deter vandals and thus protect the building or structure containing
herita a attributes from vandalism or the setting of fires, appropriate security
9
lighting must be installed and maintained on the exterior of the building or
structure.
Section 34.4
vUhere an owner satisfies an Qfficer that a heritage property is not intended to
remain vacant for a period exceeding six ~6} months, the Officer may, in hislher
sole discretion, exempt an owner from complying with any of the requirements of
this Article or allow the owner to take alternative measures for the protection of
the heritage attributes in place of any of the requirements of this Article.
4
Section 34.5
UVhere an Officer has granted an exemption or has approved alternative
measures for compliance with this Articles such exemption or approval may be
withdrawn at any time upon ten t10} days' notice to the owner if an Officer is of
the opinion that the heritage property is likely to remain vacant for a longer period
than originally anticipated or if, in the sole discretion of an Officer, the heritage
attributes are not being adequately protected by the measures being taken."
3. Section 665.2.1 of The City of Kitchener Municipal Code is hereby amended by
deleting the words "Article 35"and substituting the words "Article 33" therefor.
4. Section 665.4.3 of The City of Kitchener Municipal Code is hereby amended by
adding the wards "Heritage Planner" after the words "BuildinglPlumbing
Inspector" thereto.
5. Section 665.21.3 of The City of Kitchener Municipal Code is hereby amended by
deleting the words "Article 34" and substituting the words "6y-1aw Number 2008-
being a by-law to require vacant buildings~,and buildings damaged by fire to
be secured against unauthorized entry" therefor. ~~
6. Section 665.23.5 of The Gity of Kitchener Municipal Code is hereby amended by
deleting the words "Article 34" and substituting the words "By-law Number 2008-
p~r
`, being a by-law to require vacant buildings and buildings damaged by fire to
be secured against unauthorized entry" therefor.
PASSED atthe Council Chambers in the City of Kitchener this day
of , A. D. 20x8. .
Mayor
Clerk
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City of Kitchener
- pity Hall, 200. King 5t. West
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K~TC~~.~v~R
Corporateservit~s Kitchener,.4N N2G 4G1,
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Date: . ~ September 18, 2041. .
To: S. Turner, Director of Enforcement ~ ~~ ~ ~ ~ ~.
. From: C. Goodeve, Committee Administrator . ~..
cc: L. Bensason ~ ~ ~ ..
i Resolution: Ontario Herita a Act Amendments -,Property Standards for
Subject. Counci 9 .
.: .Maintenance and Occupancy Chapter 6fi5} ~ ~ ~ . ~ ~ ~ ~ ~ ~ .
• ~~~~ ~ e ular meetin held on~ Monda ,~ Se tember 1l, 2001 passed ~~~ .
This Is to advise that Clty Council at Its r g g Y p
the following resolution.: ~ ~. .. . . ... ~ , . , . ..
~~ ~ ~ ~ ~ for amendin Cha ter. 6fi5 . Pro eat .Standards ford Maintenance .~
That the proposed .process g p . . ~ . P : Y
f Kitchener's Munici al Code in, accordance with Sections 35.3 and 45.1..0
and Occupancy} o . p
~' ~ ~ ' cor orate maintenance ~ standards .for .designated heritage.
the Ontario Heritage Act , to In , p .. ..
ro~ ~erties; be .endorsed." ~ ~ ~ ... ~ ~: ~:... _.. . ~ ~ , ~ ~ ~ ~ ~ .. ~~ ~ ~ ~ ~ ~ . ~ ~~ ~.: . ~~ .
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DEVELOPMENT & TECHNICAL SERVICES DEPARTMENT
PLANNING DIVISION
Leon Bensason, MCIP, R.PP, CARP
Senior Heritage Planner
City Hall, P,Q. Box 111$
200 King Street West
Kitchener, Ontario
Canada, N2G 4G7
PHONE: {519} 141-2306
FAX: (519} 741-2b24
TDDITYY: {519) 741-23$5
EMAIL: leon.bensason@kitchener.ca
Qctober 11, 2007
Dear Designated Heritage Property Qwner,
Re; Proposed Amendment to the City of Kitchener Property Standards By-law
Addressing the Maintenance of Designated Heritage Property
~ity of Kitchener staff are currently reviewing the issue of amending Chapter 66S (Property Standards),
~f tl~e City's Municipal Code, (the City's Property Standards By-law} to include provisions relating to the
maintenance of designated heritage properties. . ~ .
Cn 2005, the Dntario Heritage Act was amended to allow municipalities to include provisions in their
property standards by-laws that would 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. Reference to this
initiative was made previously in a letter mailed to all designated heritage property owners dated 3anuary
2~, 2007 regarding the 2007 Designated Heritage Property Grant Program.
The purpose of this mailing is to ensure that you are advised of. the potential change to the Property
Standards By-law, and to provide you with an opportunity to comment~on the proposed amendment.
Attached is a summary paper which outlines the proposed amendment to the City's Property Standards
By-law.
If you wish to respond to this proposed amendment, please provide written comments to Leon Bensason,
Senior Heritage Planner no later than November 2, 2401 either by mail or a-mail (see letterhead for
contact information). At this point, it is anticipated that a report on this matter will be presented to
Committee and Council in late November 2x07. If you wish to receive a copy of the staff report and be
advised of the details of the Committee and Council meetings, please indicate so in your comments.
Yours truly,
3~ .~ •~ ~
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S}1•, ~ M1 ~ •~,~ i
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Lean Bensason
Senior Heritage Planner
Shayne T er
Director of By-law Enforcement