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Home My WebLink AboutDTS-08-208 - Property Owner Notification - Municipal Heritage Register Listings.~. it ~ r ~~~~~~ ~evelapn?en~~C Technical Services Report To. Mayor Zehr and Council Date of Meeting: January 12, 2009 ~, Submitted gy: Leon Bensasan, Caardinatar of Cultural Heritage Planning 4519741-2305} Prepared By: Michelle vilade, Heritage Planner 4519-741-2839} I~Vard~s~ Involved; All Date of Report. December 15, 2448 Report No.. DTS-48-208 Subject: PROPERTY GvvNER N~TIFICATIGN REGARDING MUNICIPAL HERITAGE REGISTER LISTINGS RECq~IMENDATlC3N: That Development and Technical Services report DTS-a8-208 be received for information. BACKGRaUND: Gn September 1 ~, 2008 ~auncil approved the Heritage Kitchener recommendation to list two properties on the Municipal Heritage Register as non-designated properties o cultural heritage value or interest. The -discussion on this item revealed that there was an interest in understanding the appeal rights as well as the process for current and future property owner notification regarding property status on the Municipal Heritage Register, REPORT: City staff continue to work towards the implementation of the four-step listing process for privately-owned non-designated property of cultural heritage value or interest on the Municipal Heritage Register. 4n November 4, 2808 Heritage Kitchener recommended that the following properties be listed as nan-designated properties of cultural. heritage value or interest on the Municipal Heritage Register: 2 Qarisbrook Drive; 518 Bridgeport Road; 1925 Huron Road; 54-68 King Street vilest; 72-74 King Street vvest; 8286 King Street vilest; 90 King Street vilest; 144-150 King Street vilest; 18-24 Ontario Street North; 44-54 Queen Street South; 45 Queen Street South; 271 Reidel Drive; and, 115 vilater Street North. The listing of these properties on the Municipal Heritage Register forms part of Council's consideration of the Heritage Kitchener report 4DTS- 08-179} dated November 4, 2008. City staff note that listing non-designated property on the Municipal Heritage Register does not impose restrictions or obligations with regard to obtaining heritage approvals. Listing does increase the amount of time the City has to process demolition applications under the Ontario Building Code pup to ~0 days}. The 6o days may be used to initiate the designation process under the Ontario Heritage Act. The designation process is entirely separate from the four-step listing process and does provide a mechanism for appeal. Listing also has implications in ensuring that the City is consistent with Provincial Policy Statement when processing Planning Act applications. Heritage Planning staff may reguest a Heritage lm~act Assessment andlor Conservation Plan with the submission o a Planning Act application. Planning Act applications also provide a mechanism for appeal. Although the Ontario Heritage Act does not provide a mechanism to appeal Council's decision to list non-designated properties of cultural heritage value or interest on the Municipal Heritage Register, City Staff note that: ^ the Council approved four-step listing process has ensured the thorough and objective evaluation of each property; ^ the Council approved four-step listing process has provided an opportunity for property owner input and consultation prior to consideration by Heritage Kitchener and Council; listing non-designated property on the Municipal Heritage Register does not impose any restrictions or obligations with regard to obtaining heritage approvals; the deli nation rocess under the Ontario Heritage Act and the consideration of g p Planning Act applications are separate from the four-step listing process and provide a mechanism for appeal; and, ^ Council may reconsider andlor remove properties from the Municipal Heritage Register at any time, in consultation with Heritage Kitchener. City staff understand that both .Council and the public have an interest with respect to how current and .future owners may be apprised of the fact that their property is listed as a non- desi Hated property of ~cu#tural heritage value ar interest on the Municipal Heritage Register. g City staff have explored several opportunities to ensure that current and future owners are aware that their properties are listed as non-designated property on the Municipal Heritage Register. Same of these opportunities have been implemented while others will be implemented in the near future. The following opportunities have been implemented: heritage information is included on Zoning Letters of Compliance; ^ anew section has been created on the City's website where the public may access an electronic copy of the Municipal Heritage Register ~www.kitchener.calMHR}; and, ^ the heritage status of properties is listed on the Interactive Online Internet Mapping that is available to the public on the City's website. The following opportunities will be implemented in the near future: information mail ants will be distributed once a year via mail to property owners; ^ information mail outs will be distributed via registered mail to new property owners; • City staff will contact neighbourhood associations to arrange periodic presentations; City staff will contact the Real Estate Board to arrange periodic presentations; City staff will distribute an annual information package to local real estate lawyers; and, ^ City staff will prepare an annual information article for publication ~n Your Kitchener. City staff note that consideration was given to register a notice on title of non-designated property of cultural heritage value or interest listed on the Municipal Heritage Register; however, Legal Services staff have confirmed that we do not have the authority under current legislation to place such a notice on title. FINANCIAL IMPLICATIaNS: City staff anticipate that the costs associated with delivering notice of listing on the Municipal Heritage Register by registered mail to new property owners will be minimal. C~M~IUNICATIONS: Following the November 4, 2008 Heritage Kitchener meeting, a second information package was mailed to all affected property owners regarding the City's proposal to list their property as non-designated property of cultural heritage value or interest on the Municipal Heritage Register. The information package included: a letter and a copy of the Statement of Significance: The letter included information with respect to the date of the council meeting; the four-step, listing process; and, the efforts being made to ensure that current and future owners are aware that their properties are listed as non-designated property of cultural heritage value or interest on the Municipal Heritage Register. . Two written responses were received objecting to the proposal to list 24 Ontario Street North and X925 Huron Road as anon-designated property of cultural heritage value or interest on the Municipal Heritage Register. Copies of the objections are attached as Appendix `A.' Heritage Planning staff responded to the objection for 24 Ontario Street North and were advised that the property is for sale and that the current owner believes that potential future owners should be provided the opportunity to comment. Heritage Planning also responded to the objection for 925 Huron Road to confirm that no restrictions would be imposed on property owners with respect to alterations and that the current proposal is to list the property as anon-designated property of cultural heritage value or interest not to designate as a cultural heritage resource under the Ontario Heritage Act. A third letter was mailed to all affected property owners on January 2, 2009. This letter served to remind affected property owners that their property would be considered for listing as a non- designated property of cultural heritage value or interest on the Municipal .Heritage Register by City Council on Monday, January 12, 2008. C4NCLUSIiJN: The four-step process has ensured the thorough and objective evaluation of each property. Although the Ontario Heritage Act does not provide a specific mechanism for appeal, Council may choose to reconsider andlor remove a property at any time in consultation. with Heritage Kitchener. Additional processes such .as designation under the Ontario Heritage Act or planning approvals under the Ontario Planning Act contain mechanisms for appeal, Information regarding the status of a property on the Municipal Heritage Register is available to the public in a variety of formats, including Zoning Letters of Compliance, the City website, information mail outs, and Your Kitchener Newsletter. In addition, City staff will ensure that neighbourhood associations, the real estate board, and local real estate lawyers are informed about the Municipal Heritage Register. _. ~ ~ ~: y: ~ a. ~~ :~ ~ ~ ~" Michelle vUade, ~~F~ Heritage Planner ~o~Y~Bensa~i;MCIP, RPP, CARP ~~`ordinator, Cultural Heritage Planning Appendix `A'; Camn~unications received since second information package vuas distributed on November 8, 24g8 r ~~~0~~v~~ \ f~FFc-N~~Ix `A~ ~. r' ~ ~ W'' ~~~~' ~~ ~~~~~~ ~~~~ BARRISTERS, S(~L~CZTURS & N(ITAR~ES ~~~ ~~ 84 '~QOL'4NIGH STREET .~ C~ RIS, Q.C, ~R~tir~d} GUELPH, QNTARIO J,W. MATTHEW'S, M,GOMM., ~.C. ~Retire~} NII-I 3T9 HAYES MURPHY, B.A., LL.B. SERGIO J. MANER.A, B,MATH, LL.B, P,G. MORRIS, B.A., LL,B. GREGORY G. MATTHEWS, B.A.,M.B,A.,LL.B. JOHN R. MORRIS, I3.A., LL.B, . December 3, 200$ Nls. Michelle Fade, BES heritage Planner City fall, P.Q Box 1 1 S ZOO King Street 'hest Kitchener, QN N2~ 4G~ Dear Ms. Fade: Re; ~4 ~ntarfa Street ~ort~ - Nlunicipa heritage R:eg~ster MAILING ADDRESS P.G. B(~X 87S GUELPH, ONTARIO N1H 6M6 TELEPHQNE: ~S 19} 822-815 ' ~'AX: X519) 822-1 ~Z I EMAIL; etayl~r@mcelderr~morris.com Further to your letter to our client ~ ~ he has instructed us to advise that he adamantly objects to his property being listed as anon-designated property. Yours truly, McELDERRY & Mt~R~IS Haye HMl~ ~~ ~~ pEC ~ s zoos 6~ °~~ ---- D~~e~bcr 1 ~ ~~a Attention: Development & Technical Services Department Panning Division Michelle Wade Municipal Heritage Register Council Meeting January 12, 2009 We are writing to. respond to the letter s~~t to !. in regards to the listing of our game on the City's Municipal I-~eritage Register. We are not in favour of our name being placed on this list. The letter states th~.t NO res#rictions will be placed on us as property owners regarding renovations and alterations. We are concerned about this designation ruling being changed in regards to being sale owners of this property.`. Piave noticed many times that property owners being designated as a Historic Place are forced to comply with out"side ridings. We will. NQT a11ow ourselves to be placed in this potential situation. At this time we do not believe there is any advantage to have our names placed Qn this list. Sincerely,