HomeMy WebLinkAboutHeritage - 2009-01-06HERITAGE KITCHENER MINUTES
JANUARY 6, 2009 CITY OF KITCHENER
The Heritage Kitchener Committee met this date, commencing at 4:04 p.m.
Present: Councillor K. Kirby -Chair
Councillor J. Gazzola, Ms. E. Gallaher and Messrs. T. Benedict, Z. Janecki, G. Zeilstra,
and J. Rice
staff: L. Bensason, Coordinator, Cultural Heritage Planning
M. Wade, Heritage Planner
C. Goodeve, Committee Administrator
Prior to commencement Committee binders were circulated to all members containing information on:
staff resources; Committee structure, mandate and reporting; Terms of Reference; meeting and
delegation guidelines; Ontario Heritage Act (Parts IV & V) and Regulations; Standards & Guidelines
for the Conservation of Historic Places; Provincial Policy Statement 2005 -Cultural Heritage policies;
Cultural Heritage Resource Evaluation form; and, Heritage Conservation District Plans. Members
were requested to bring their binders to all future meetings as it contains important reference
material.
1. WELCOME AND COMMITTEE MEMBER INTRODUCTIONS
Mr. C. Goodeve welcomed members to Heritage Kitchener's inaugural meeting of the 2009 /
2010 term. Each member was requested to introduce themselves and state their interest in
applying to the Committee.
2. COMMITTEE ORIENTATION
Mr. C. Goodeve provided an overview of the Advisory Committee Review that was conducted
in 2008, stating that training will be provided to all Chairs and Vice-Chairs on how to run a
great meeting. He reviewed items 1-6 of the binders, drawing particular attention to the "Code
of Conduct for Members of Advisory Committees". He pointed out that members of Heritage
Kitchener who own property designated under Part IV or Part V of the Ontario Heritage Act
and are seeking consideration of a Heritage Permit Application (HPA) for said property are
permitted to address the Committee regarding their HPA. However, those members are
prohibited from taking part in the Committee's deliberation and / or voting regarding that
matter. He then highlighted some of the "Advisory Committee Frequently Asked Questions"
and the "Guidelines for Meeting Protocol" and asked that the members review these sections
and contact him if they have any questions.
Ms. M. Wade gave a presentation entitled "Heritage Planning Introductory Session". Areas
covered included: Cultural Heritage Resources, built heritage and cultural heritage landscapes;
Conservation - identification, interpretation, protection and use; Support for Heritage
Conservation; the process for listing properties on the Municipal Heritage Register; and, an
overview of the City's Heritage Conservation Districts. She pointed out that the purpose of this
presentation was to provide a background of the Committee's specific functions and outline
what the members should consider when reviewing matters that come before Heritage
Kitchener.
3. ELECTION OF COMMITTEE CHAIR
Mr. C. Goodeve opened the floor for nominations for the position of Committee Chair.
Councillor J. Gazzola nominated Mr. K. Kirby who agreed to stand for appointment. No further
nominations were forthcoming.
On motion by Councillor J. Gazzola -
it was resolved:
"That Mr. Kerry Kirby be appointed Chair of Heritage Kitchener for a term expiring
November 30, 2010."
4. MUNICIPAL HERITAGE REGISTER UPDATE
The Committee was in receipt of Development and Technical Services Department report
HERITAGE KITCHENER
JANUARY 6.2009 - 2 - CITY OF KITCHENER
4. MUNICIPAL HERITAGE REGISTER UPDATE tCONT'D)
DTS-08-208, dated December 16, 2008 regarding property owner notification for listing on the
Municipal Heritage Register (MHR).
Ms. M. Wade advised that the MHR is an official list of cultural heritage properties identified as
having importance to the community. A four-step process has been established to consider
placements on the list, including: evaluation of properties; short-listing of properties;
composition of Statement of Significance; review of short-listed properties by Heritage
Kitchener with recommendation to Council; and, final decision by Council. Ms. Wade stated
that when Council last considered this matter at its September 15, 2008 meeting, questions
were raised regarding a property owner's appeal rights in relation to listing; and, the process of
notifying current and future property owners. She advised that the Ontario Heritage Act does
not provide a mechanism to appeal Council's decision to list anon-designated property;
however, Council may reconsider and / or remove properties from the MHR at any time. In
regard to notifying property owners, she stated that there are opportunities already in place
such as: an annual information mail-out to property owners and information distributed by
registered mail to new property owners. Ms. Wade added that correspondence, including a
letter of explanation and documentation, such as a Statement of Significance, was mailed to all
property owners that are proposed for listing, as outlined in report DTS-08-208; with an
invitation for those property owners to make comments to staff, Heritage Kitchener and
Council. She stated that the majority of concerns expressed to staff relate to a perception that
listing would restrict the ability to undertake alterations. She stated that staff responded to
each of these concerns outlining that listing on the MHR does not impose restrictions with
regard to obtaining approvals for alterations. She noted that staff intend to conduct a brief
training session at a future meeting of Heritage Kitchener to review the process to be followed
for members of the evaluation sub-committee and the field teams.
In response to questions, Ms. M. Wade advised that electronic copies of the MHR are posted
on the City's website. Regarding the possibility of registering a notice on title to indicate that a
property has been listed on the MHR, Mr. L. Bensason stated that municipalities do not have
the authority under current legislation to place such a notice on title. Ms. Wade added that
staff have been investigating the various avenues that could be used to notify property owners,
noting some of the difficulties imposed by various provincial legislation in pursuing these
initiatives.
Councillor J. Gazzola expressed concern with the City's inability to register this information on
title, noting that it is important that people are aware of the fact that their property has been
listed.
Ms. E. Gallaher expressed concern with the difficulty some members of the public may have in
accessing heritage information on the City's website and suggested that heritage should be
included as an item under the "living" tab on the website. Councillor J. Gazzola noted that staff
are currently in the process of reviewing the City's website to make it more user-friendly.
5. 2009 HERITAGE SHOWCASE -REQUEST FOR VOLUNTEERS
Ms. M. Wade advised that Heritage Kitchener has been registered to have a booth at the 2009
Heritage Showcase to be held at the Cambridge Centre on Saturday, February 29, 2009. She
stated that this event is hosted concurrent with Heritage Day and provides an opportunity for
local heritage groups and committees from across Waterloo Region to come together to
celebrate /educate the public about local heritage. She added that booths are to be set up
between 7:30 a.m. and 9:15 a.m. on February 29, 2009 and are on display until 5:00 p.m. that
day. She then requested volunteers to work at the Committee's Heritage Day Showcase
Booth.
Mr. K. Kirby advised that Mr. C. Goodeve would be circulating asign-up sheet via e-mail and
asked that any members interested in volunteering should provide Mr. Goodeve with an
estimated amount of time that they are willing to commit to working at the Committee's
Showcase Booth.
HERITAGE KITCHENER
JANUARY 6, 2009 - 3 - CITY OF KITCHENER
5. 2009 HERITAGE SHOWCASE -REQUEST FOR VOLUNTEERS tCONT'D)
Several members expressed a desire to have the Committee's Showcase Booth include a
video slideshow of the City's various heritage resources. It was proposed that the Committee
could include the PowerPoint presentation staff gave to Council last year on the Mike Wagner
Heritage Awards.
6. RIVERGLEN ESTATES tFORMER SIMS ESTATE) UPDATE
Mr. L. Bensason provided an update on the designation of the former Sims Estate. In
December 2007 a Notice of Intention to designate the former Sims Estate was published in
The Record. However, since that time a severance application was made by the owners to
sever the portion of the property that contains the Gardeners Cottage; as this area has
different and separate access from the rest of the property. In addition, the owners have
proposed changes to the Condominium Plan to re-define the boundary of the estate lot, noting
that the new boundary increases the garden space that would be included as part of the site's
common elements. He stated that as this area is deemed to be a cultural heritage landscape,
it is important to ensure that people can enjoy those garden spaces within the context of the
overall estate lot. Accordingly, the owner is being requested to enter into an agreement to
prohibit the construction of a fence or other obstruction that would separate the two areas.
Once this agreement is in place, the City could move forward with issuing 3 designating by-
laws to cover the various parts of the former 40 acre estate.
In response to questions, Mr. L. Bensason advised that all of the heritage attributes that were
included in the previous Notice of Intention would still be recognized among the 3 designating
by-laws. He stated that the public would continue to have access to the property off the
community trail running along the Grand River. He added that Engineering staff have
expressed some concern with keeping the access road to the Gardener's house open as a
public road and have suggested there may be merit in closing the road. Mr. Bensason advised
that any change to the designating by-law cannot move forward until there is further dialogue
with the property owner and until a decision is made with respect to the status of the road
access to the Gardener's House.
7. DISCUSSION OF COMMITTEE PRIORITIES FOR 2009
The Committee was in receipt of correspondence from Mr. L. Bensason, dated December 15,
2008 regarding the recommendation arising from the 2008 Advisory Committee Review
requiring that each committee develop and implement a 1 or 2-year work plan.
Ms. M. Wade advised that the information gathered from this informal discussion will be
reviewed by Heritage Planning staff and considered in relation to goals, objectives and
priorities that were previously identified by Heritage Kitchener as well as the goals, objectives
and priorities that have been identified by the City's Planning Division. Furthermore, the
information will be used to further additional discussions regarding Heritage Kitchener's draft
work plan.
The Committee undertook a general discussion to identify projects of interest for the coming
term, with the following items being proposed:
• continue review of the approximately 500 properties listed on the former Heritage
Kitchener Inventory;
• continue with the Municipal Heritage Register (MHR) property evaluation process,
especially in the Downtown given the Province's intensification targets;
• training for MHR field teams and evaluation sub-committee;
• more properties being proposed for designation under the Ontario Heritage Act;
• continued input into Heritage Impact Assessments; and,
• installation of plaques for designated heritage properties.
Concerning the MHR field team's evaluations, it was noted that, in some instances, the images
the City has on file do not provide a clear view of the property or only shows one elevation.
Accordingly, if it is not possible to get additional images of the property taken from the public
realm, staff would need to seek the owner's permission to get the necessary images.
HERITAGE KITCHENER
JANUARY 6, 2009 - 4 - CITY OF KITCHENER
7. DISCUSSION OF COMMITTEE PRIORITIES FOR 2009 tCONT'D)
Members were reminded that when conducting field evaluations at no time should they enter a
private property; instead, they should notify staff who would then contact the property owner
for permission to gain access.
8. ADJOURNMENT
On motion, this meeting adjourned at 6:23 p.m.
Colin Goodeve
Committee Administrator