HomeMy WebLinkAboutDTS-09-087 - Delegation of Council Approval for Alteration Applications - Designated Properties - Part IV or VKITC~IV R
Development &
Technical Services
REPORT TO: Heritage Kitchener Committee
DATE OF MEETING: June 2, 2009
SUBMITTED BY: Alain Pinard, Interim Director of Planning
PREPARED BY: Leon Bensason, Interim Manager of Long Range & Policy
Planning (519-741-2306)
WARD(S) INVOLVED: All
DATE OF REPORT: May 19, 2009
REPORT NO.: DTS-09-087
SUBJECT: DELEGATION OF COUNCIL APPROVAL FOR
ALTERATION APPLICATIONS MADE FOR PROPERTY
DESIGNATED UNDER PART IV OR PART V
OF THE ONTARIO HERITAGE ACT
RECOMMENDATION:
That the draft by-law attached as Appendix `A' in Report #DTS 09-087 be enacted,
delegating the power to consent to alterations to property designated under Part IV or
Part V of the Ontario Heritage Act to the Coordinator, Cultural Heritage Planning (or
designate); and
That the criteria for the referral of alteration applications made for property designated
under Part V of the Ontario Heritage Act to the City's municipal heritage committee
(Heritage Kitchener) attached as Appendix `B' to Report No. DTS 09-087, be adopted; and
further
That the list of standard conditions of approval for applications made under Part IV or
Part V of the Ontario Heritage Act, attached as Appendix `C' in Report #DTS 09-087, be
adopted.
BACKGROUND:
Prior to changes made to the Ontario Heritage Act in 2005, all alterations affecting properties
designated under Part IV (individually designated properties) or Part V (heritage conservation
districts) were required to be considered by City Council. The Act provided that proposed
alterations could be approved, approved with conditions, or refused.
Through Bill 60, An Act to Amend the Ontario Heritaae Act, which received Royal Assent in April
2005, the Ontario Heritage Act now permits a municipal council to delegate its consent or
approval authority to a municipal employee or official. The delegated authority can be for
permits related to Part IV or Part V designated property. The delegation by-law may specify the
alterations or classes of alterations that are delegated. Prior to enacting the by-law, Council
must consult with its municipal heritage committee (Heritage Kitchener).
The objective of delegating approval authority to a municipal staff member, is primarily to
streamline the approval of compliant and non-controversial applications for alterations, and to
eliminate routine and administrative matters from Heritage Kitchener and Council's agendas.
Expected benefits of delegated approval authority include:
improved customer service by reducing the waiting period for approval, particularly
during the Summer recess of Committee and Council;
potential greater acceptance of heritage review due to shorter processing timelines; and
more efficient use of time and resources given reduced staff time spent on report
preparation for routine applications, and more time to devote to other priorities on the
heritage work program.
Other municipalities which have delegated approval authority to city staff include Toronto,
Mississauga, Hamilton, Markham, Kingston, Peterborough and Niagara-on-the-Lake.
REPORT:
Deleaation of aaaroval authority to the Coordinator. Cultural Heritaae Plannin
The opportunity now exists to formalize the delegation of approval authority using specific and
new provisions under the Ontario Heritage Act. It is recommended that the Coordinator, Cultural
Heritage Planning, or designate, be delegated authority respecting the granting of consents and
approvals for alterations to designated properties, including the authority to attach terms and
conditions. Designate to the Coordinator, Cultural Heritage Planning shall be the Manager of
Long Range and Policy Planning; and in the Manager's absence, the Director of Planning.
Applications qualifying for delegated approval authority
It is proposed that delegation of approval authority include the authority to consent to alteration
applications made under Section 33 (Part IV) or Section 42 (Part V) of the Ontario Heritage Act.
Alteration applications may include applications to restore, renovate, repair or disturb the
heritage attributes of designated property, and includes the erection of buildings and structures.
Delegation of approval authority would not include the authority to consent to applications for
demolition or removals, as there are no provisions for delegated authority for demolition
applications made under the Ontario Heritage Act.
Further, any recommendation to refuse an application to alter a designated property would not
qualify for delegated approval authority, and would continue to follow the current practice of staff
preparing a report and recommendation to Council; review and a recommendation made by
Heritage Kitchener Committee; and formal consideration by City Council.
Aaalications to be referred to the municipal heritage committee
While the Ontario Heritage Act requires that the City's municipal heritage committee (Heritage
Kitchener) be consulted for all applications made for property designated under Part IV, there
remains an opportunity to streamline the approvals process by delegating Council's authority to
consent to certain applications to City staff, and avoid the need to refer a recommendation of
approval to a meeting of City Council.
The Act does not require consultation with the municipal heritage committee for alteration
applications made for property designated under Part V. While this provides additional
opportunity to streamline the approvals process for certain alteration applications; in discussion
with the Heritage Kitchener Committee, it is recommended that alteration applications made for
property designated under Part V of the Ontario Heritage Act be referred to the municipal
heritage committee for review and a recommendation, should one or more of the following
criteria be met:
• the application is highly complex (e.g. requires the submission of a heritage impact
assessment, conservation plan, or other study);
• there is no existing policy to address the proposed work or situation;
^ there is significant sensitivity or controversy associated with the property or proposed
work;
^ it does not meet with good heritage conservation practice;
• it does not meet the policies or guidelines of the respective heritage conservation district
plan;
• the application is made for a property identified as a Group `A' property or as property of
very high cultural heritage value or interest as identified by Council or in a heritage
conservation district study or plan;
^ staff recommend approval of the application subject to conditions other than the City's
standard conditions;
^ staff are recommending refusal of the application;
• the Coordinator, Cultural Heritage Planning (or designate) is of the opinion the
application should be forwarded to the municipal heritage committee for discussion.
When delegated approval authority applies (Part IV
It is proposed that for Part IV designated property, delegated approval authority will apply where
the municipal heritage committee recommends approval of the application with or without
conditions which are the same as the staff recommendation; or if different from the staff
recommendation, where staff agree with the conditions of approval recommended by the
municipal heritage committee.
Delegated approval authority would not apply where staff or the municipal heritage committee
recommend refusal of the application; or where the municipal heritage committee recommends
approval with or without conditions which are different from the staff recommendation, and staff
disagree with the recommendations of the municipal heritage committee. In these instances,
final consideration of the application would be forwarded to City Council.
The sequence of possible scenarios for alteration applications made for property designated
under Part IV of the Ontario Heritage Act, is shown in Appendix `D' in the flowchart entitled
Delegated Approval Authority (Part IV).
When delegated approval authority applies (Part V
It is also proposed that for Part V designated property, delegated approval authority will apply
where the municipal heritage committee recommends approval of the application with or without
conditions which are the same as the staff recommendation; or if different from the staff
recommendation, where staff agree with the conditions of approval recommended by the
municipal heritage committee.
As the Ontario Heritage Act does not require consultation with the municipal heritage committee
for alteration applications made for property designated under Part V, the opportunity exists to
further streamline the approval process. It is recommended that delegated approval authority
would also apply where staff determine that the alteration application does not require review
and discussion with Heritage Kitchener. Such instances would apply where an alteration
application does not meet the City's criteria requiring referral to Heritage Kitchener for
discussion and a recommendation (as outlined in Appendix `B'); and where staff are
recommending approval either without conditions or with one or more of the City's standard
conditions of approval.
Currently, City staff apply a standard condition of approval for applications requiring issuance of
a permit under the Ontario Building Code. Such condition reads, "that the final building permit
drawings be reviewed and heritage clearance issued by heritage planning staff prior to the
issuance of a building permit" This condition enables staff to confirm that the plans submitted
for issuance of a building permit match the plans approved with the heritage permit application.
Staff anticipate that over the course of time and in discussion with Heritage Kitchener and
subject to Council approval, other conditions may be included on the list of standard conditions
for the issuance of heritage approval. It is proposed that delegation of approval without the need
for consultation with the municipal heritage committee, would include instances where only
standard conditions of heritage approval apply. Where staff recommend adding conditions other
than the City's standard conditions; then review, discussion and a recommendation from the
municipal heritage committee would be required.
Similar to alteration applications made under Part IV, delegated approval authority would not
apply where staff or the municipal heritage committee recommend refusal of the application; or
where the municipal heritage committee recommends approval with or without conditions which
are different from the staff recommendation, and staff disagree with the recommendations of the
municipal heritage committee. In these instances, consideration of the application would be
forwarded to City Council.
The sequence of possible scenarios
under Part V of the Ontario Heritag
Delegated Approval Authority (Part V).
FINANCIAL IMPLICATIONS:
n/a
CONCLUSION:
for alteration applications made for property designated
e Act, is shown in Appendix `E' in the flowchart entitled
Currently, the majority of applications made under the Ontario Heritage Act and considered by
City Council, seek the approval to make alterations to property designated under Part V (located
within a heritage conservation district). In most cases, Council approval is granted without
conditions or with the City's standard condition requiring heritage clearance prior to issuance of
a building permit. Delegation of heritage approval as proposed and recommended in this report,
will enable City staff to consent to such applications and will result in streamlining the approval
process for these and other heritage permit applications.
ACKNOWLEDGED BY: Jeff Willmer, Interim General Manager
Develo ment and Technical Services De artment
List of Attachments
Appendix `A': Draft By-law delegating the power to consent to alterations to property
designated under Part IV or Part V of the Ontario Heritage Act to the Coordinator,
Cultural Heritage Planning (or designate).
Appendix `B': Criteria for the referral of alteration applications made for property designated
under Part V of the Ontario Heritage Act to the City's municipal heritage
committee (Heritage Kitchener).
Appendix `C': List of standard conditions of approval for applications made under Part IV or
Part V of the Ontario Heritage Act.
Appendix `D': Flow Chart of Delegated Approval Authority (Part IV).
Appendix `E': Flow Chart of Delegated Approval Authority (Part V).
Appendix `A'
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to delegate certain authority of Council to consent
to permits for the alteration of property designated under Parts IV
and V of the Ontario Heritage Act)
WHEREAS section 9 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that a municipality has the capacity, rights, powers and privileges of a natural
person for the purpose of exercising its authority under that or any other Act;
AND WHEREAS section 11(3) 5 of the
municipality may pass by-laws within the cult
of jurisdiction;
Act, 2001 provides that a
recreation and heritage sphere
AND WHEREAS section 8(1) of the N.
of a municipality under any Act shall be i
authority on municipalities to enable them
appropriate, and to enhance their ability to re
tct, 2001 provides that the powers
~ broadly so as to confer broad
rn their affairs as they consider
municipal issues;
AND WHEREAS pursuant to sections 33(15) and 42(16) of the Ontario Heritage
Act, Council of The Corporation of the City of Kitchener has consulted with its municipal
heritage committee, Heritage Kitchener, respecting the delegation contained within this
by-law;
NOW THEREFORE the Council of The Corporation of the City of Kitchener
enacts as follows:
1. In this by-law:
"Act" shall mean the Ontario Heritage Act, R.S.O. 1990, c. 0.18;
"alter" means to change in any manner and includes to restore, renovate, repair, erect,
or disturb and "alteration" and "altering" have corresponding meanings;
"City" shall mean The Corporation of the City of Kitchener;
"Coordinator" shall mean:
"Council" shall mean the Council of the City;
"Heritage Conservation District" means a
under Part V of the Ontario Heritage Act;
"Heritage Kitchener" shall mean
pursuant to the Act;
"heritage planning staff"
Heritage Planning, Mai
Planning;
"Owner" shall mean
office as owner;
"Part
ignated un
the City's muni
conservation district established
ritage committee established
n the City's Heritage Planner, Coordinator of Cultural
_ong Range and Policy Planning, and Director of
istered on title in the proper land registry
application to obtain consent for an alteration to
the Act;
"Part V application(s)" means a heritage alteration permit application for property
located within a Heritage Conservation District;
"Property" means real property and includes all buildings and structures thereon and
includes a cultural heritage landscape;
"Standard Condition" shall mean a condition or conditions acknowledged by resolution
of Council for use as a standard condition of approval for Part IV application or a Part V
application.
Delegation of consent to alterations on Part IV applications
2. Council delegates to the Coordinator all of the power that Council has
respecting the granting of consent for Part IV applications including the
ability to attach conditions to such consent, subject to the provisions of this
by-law.
3. Upon receipt of a Part IV application, heritage planning staff shall consider
the application and may recommend:
Delegation of granting of permits on Part V applications
6. Council delegates to the Coordinator all of the power that Council has
respecting the granting of permits on Part V applications, including the
ability to attach conditions to such permit, subject to the provisions of this
by-law.
7. Upon receipt of a Part V application, heritage planning staff shall consider
the application and may:
(a) refer the application to Heritage Kitchener for review and
recommendation in the circumstances set out in section 8;
(b) recommend refusal of the application;
(c) grant the permit with no conditions; or
(d) grant the permit with the Standard Condition and/or other
conditions.
9. In the circumstances set out in section 7(b), heritage planning staff shall
refer the application to Heritage Kitchener for review and
recommendations and Council shall retain decision making power.
Retention of Delegated Authority
10. Regardless of any authority delegated to the Coordinator under this by-
law, Council may, after notifying the Coordinator, exercise any authority
that it delegated to the Coordinator.
11. Notwithstanding any other provision of this by-law, heritage planning staff
may refer any Part IV Application and any Part V application to Council at
any time.
Delegation of authority to request information
12. Council delegates to the Coordinator all of the power that Council has to
request such information as Council may require from the Owner
respecting a Part IV application and a Part V application.
General
PASSED at the Council Chambers in the City of Kitchener this day
of , A. D. 2009.
Mayor
Clerk
Appendix `B'
Criteria for the referral of alteration applications made for property designated
under Part V of the Ontario Heritage Act to the City's municipal heritage
committee (Heritage Kitchener)
Alteration applications made for property designated under Part V of the Ontario
Heritage Act shall be referred to the municipal heritage committee (Heritage Kitchener)
for discussion and a recommendation, should one or more of the following criteria be
met:
^ the application is highly complex (e.g. requires the submission of a heritage
impact assessment, conservation plan, or other study);
^ there is no existing policy to address the proposed work or situation;
^ there is significant sensitivity or controversy associated with the property or
proposed work;
^ it does not meet with good heritage conservation practice;
^ it does not meet the policies or guidelines of the respective heritage conservation
district plan;
^ the application is made for a property identified as a Group `A' property or as
property of very high cultural heritage value or interest as identified by Council or
in a heritage conservation district study or plan;
^ staff recommend approval of the application subject to conditions other than the
City's standard conditions;
^ staff are recommending refusal of the application;
^ the Coordinator, Cultural Heritage Planning (or designate) is of the opinion the
application should be forwarded to the municipal heritage committee for
discussion.
Appendix `C'
List of standard conditions of approval for applications made under Part IV or Part
V of the Ontario Heritage Act
1) That the final building permit drawings be reviewed and heritage clearance
issued by heritage planning staff prior to the issuance of a building permit.
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