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Home My WebLink AboutDTS-09-160 - Review of the 4 Step Process for Listing Non-Designated Properties on Heritage RegistryKIT~~R Development & Technical Services REPORT TO: Heritage Kitchener Committee DATE OF MEETING: November 3, 2009 SUBMITTED BY: Alain Pinard, Interim Director of Planning PREPARED BY: Michelle Wade, Heritage Planner (519-741-2839) WARD(S) INVOLVED: All DATE OF REPORT: October 21, 2009 REPORT NO.: DTS-09-160 SUBJECT: REVIEW OF THE FOUR STEP PROCESS FOR LISTING NON-DESIGNATED PROPERTIES OF CULTURAL HERITAGE VALUE OR INTEREST ON THE MUNICIPAL HERITAGE REGISTER RECOMMENDATION: 1. That the proposal to modify the 4-Step Listing Process as previously outlined in Staff Report DTS-05-213 to allow Heritage Planning staff and/or Heritage Kitchener Committee members to complete Step 1 and Step 2 of the 4-Step Listing Process be approved; and further, 2. That Heritage Planning staff be directed to proceed with the 4-Step Listing Process for those properties where sufficient historic documentation in the form of photos and/or research is available to confirm the cultural heritage value or interest associated with the property. BACKGROUND: Changes made to the Ontario Heritage Act through the passage of Bill 60, now afford municipalities the opportunity to list properties that have not been designated under the Act but that the municipality believes to be of cultural heritage value or interest on the Municipal Heritage Register (MHR). Further, the Provincial Policy Statement (PPS) issued under Section 3 of the Ontario Planning Act, has been amended and expands the definition of "built heritage resources" to include properties listed by local jurisdictions. Together, the amendments made to the Ontario Heritage Act and the Provincial Policy Statement of the Planning Act, offer an opportunity for the City of Kitchener to update the Heritage Kitchener Inventory of Historic Buildings and strengthen efforts to conserve property identified as being of cultural heritage value or interest to the municipality. 3-1 On November 27, 2006 Council approved a 4-step process for listing non-designated property of cultural heritage value or interest on the Municipal Heritage Register, as outlined in Staff Report DTS-05-213. The process involves the following steps: 1. Initial evaluation by a recorder through completion of a survey form and taking photographs (only where properties are visible from the public realm). 2. Short listing of properties following a review of the recorder's survey form and photographs; undertaken by an evaluation sub committee comprised of City Staff and Heritage Kitchener Committee members. Heritage Planning staff prepare a `statement of significance' for each short-listed property and notify the property owner of the heritage interest in the property. Property owners are invited to make comment and attend the Heritage Kitchener meeting where their property will be considered for possible listing on the Municipal Heritage Register. 3. The City's Heritage Kitchener Committee reviews the merits of the short listed properties; considers the comments of the property owner (if made); and makes a recommendation to City Council. 4. City Council makes a decision on whether or not to list the properties on the Municipal Heritage Register as "non-designated property of cultural heritage value or interest." Listing non-designated property on the Municipal Heritage Register is an important step in identifying the City's cultural heritage resources. It does not impose restrictions or obligations with regard to obtaining heritage approvals, meaning property owners do not require a heritage permit or Council approval to make alterations. Listing on the Municipal Heritage Register does increase the amount of time the City has to process demolition applications (up to 60 days), and does have implications in ensuring that the City is consistent with the Provincial Policy Statement when processing Planning Act applications. Since approving the 4-step process, Council has added 49 properties to the Municipal Heritage Register as non-designated properties of cultural heritage value or interest. REPORT: In accordance with Council policy, the City's Municipal Heritage Committee (Heritage Kitchener) has maintained an inventory of historic buildings of interest since the late 1970s. In 2006, when Council approved the 4-step process for listing non-designated property of cultural heritage value or interest on the Municipal Heritage Register, there were approximately 720 properties on the Heritage Kitchener Inventory of Historic Buildings that required evaluation. Since 2006, the total number of properties on the Heritage Kitchener Inventory that require evaluation has decreased from 720 to approximately 300 based on the following: ^ Approximately 150 properties are located within the proposed Civic Centre Heritage Conservation District; ^ Approximately 50 properties were demolished (sometime between the late 1970s and today); ^ Approximately 130 properties were evaluated and were not recommended for listing as non-designated property of cultural heritage value or interest on the Municipal Heritage Register; ^ Approximately 50 properties were evaluated and listed as non-designated property of cultural heritage value or interest on the Municipal Heritage Register; and, 3-2 ^ Approximately 50 properties were evaluated but have not yet completed all steps of the 4-step listing process. Heritage Planning staff in conjunction with the Heritage Kitchener Committee have identified the 4-step listing process as a staff and committee work plan priority. DTS-08-138 established the goal of listing groups of 20 to 30 properties 3 to 4 times per year. However, since 2006 less than 50 properties have been listed as non-designated properties of cultural heritage value or interest on the Municipal Heritage Register. Keeping pace with the goal of listing 60 to 120 properties on the Municipal Heritage Register per year has proven to be a challenge. Moving properties through the 4-step listing process is time consuming and requires a significant number of staff and volunteer (Heritage Kitchener Committee member) hours of work. This is required in order to ensure the listing process is thoroughly objective and provides opportunity for property owner input and consultation. Currently, Heritage Kitchener Committee members are assigned the responsibility of conducting the field team evaluations, which includes completing a cultural heritage resource evaluation form and taking pictures of properties which may merit consideration for listing as non- designated properties of cultural heritage value or interest on the Municipal Heritage Register (step 1 of the 4-step listing process). Heritage Kitchener Committee members are also expected to participate with City staff in bi-monthly sub-committee meetings to review all the field team evaluations and short-list properties for consideration and discussion at the Heritage Kitchener Committee meetings (step 2 of the 4-step listing process). Steps one and two of the 4-step listing process are currently designed to rely on the valued work of Heritage Kitchener Committee members. It has become apparent however, that Committee members who already volunteer considerable hours to attend Heritage Kitchener Committee meetings, may have limited time and availability to routinely conduct field team evaluations and attend bi-monthly MHR sub-committee meetings. As a result, City staff believe there is merit in modifying step one of the 4-step listing process to enable City staff to complete field team evaluations (in addition to members of Heritage Kitchener). Further, staff recommend that step two of the 4-step listing process be modified to enable heritage planning staff to review the field team evaluations and short-list properties for consideration (with or without the participation of members of Heritage Kitchener). It should be noted that members of Heritage Kitchener will continue to be invited to participate in steps one and two of the listing process, and that all shortlisted properties will continue to be brought to Heritage Kitchener for discussion and consideration (as per step 3 of the 4-Step listing process). Staff are of the opinion that this modification will assist in bringing more properties forward for listing on the MHR more quickly, and may assist in achieving the objective to list 20 to 30 properties on the Municipal Heritage Register 3 to 4 times per year. Steps 1 and 2 of the 4-step listing process are currently designed to rely considerably on the valued work of Heritage Kitchener Committee members. However, it has become apparent that Heritage Kitchener Committee members who already volunteer considerable hours to attend Heritage Kitchener Committee meetings, may have limited time and availability to routinely conduct field team evaluations and attend bi-monthly sub-committee meetings. As a result, staff believe there is merit in modifying step 1 of the 4-step listing process to enable heritage planning staff to complete field team evaluations (in addition to members of the Heritage Kitchener Committee). Further, staff recommend that step 2 of the 4-step listing process be modified to enable heritage planning staff to review the field team evaluations and short-list properties for consideration (with or without the participation of members of the Heritage Kitchener Committee). It should be noted that members of the Heritage Kitchener Committee 3-3 will continue to be invited to participate in steps 1 and 2 of the 4-step listing process, and that all shortlisted properties will continue to be brought to the Heritage Kitchener Committee meetings for discussion and consideration (as per step 3 of the 4-step listing process). Staff are of the opinion that this modification will assist in bringing more properties forward for listing on the Municipal Heritage Register more quickly, and may assist in achieving the objective to list 20 to 30 properties on the Municipal Heritage Register 3 to 4 times per year. Property located outside the built up area of the City including rural farm related property was identified as a priority for evaluation and consideration for listing as non-designated properties of cultural heritage value or interest on the Municipal Heritage Register. As mentioned, step 1 of the 4-step listing process involves completing a cultural heritage resource evaluation form and taking pictures of subject property where features (such as buildings and structures) are visible from the public realm. If such features are not visible from the public realm, then a letter is mailed to the property requesting permission to access the property for the purpose of conducting the evaluation. Currently, there are 10 properties listed on the Heritage Kitchener Inventory for which permission to access the property to conduct a re-evaluation has been requested and has been ignored. The 4-step listing process as originally outlined in staff report DTS 05-213 advised that in such instance, the local Ward Councillor would be advised of the inability to complete the heritage evaluation and staff would not pursue consideration for listing the property on the Municipal Heritage Register. However, staff are aware that on occasion there are instances where sufficient historic documentation in the form of photos and/or research may be available to confirm the cultural heritage value or interest associated with such property. Staff are of the opinion that in such unique situations, where access to the property has been denied but where compelling evidence suggests the property may be of cultural heritage value or interest, City staff should continue to pursue listing the property through steps 2, 3 and 4 of the 4-step listing process. FINANCIAL IMPLICATIONS: None. CONCLUSION: Listing non-designated properties of cultural heritage value or interest on the Municipal Heritage Register is an important first step in the conservation of the City's cultural heritage resources. Heritage Planning staff and the Heritage Kitchener Committee will continue to move forward with the implementation of the 4-step listing process. REVIEWED BY: • Leon Bensason, Interim Manager of Long Range and Policy Planning ACKNOWLEDGED BY: Jeff Willmer, Interim General Manager Development and Technical Services Department 3-4