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HomeMy WebLinkAboutHeritage - 2010-01-05HERITAGE KITCHENER MINUTES JANUARY 5, 2010 CITY OF KITCHENER The Heritage Kitchener Committee met this date, commencing at 4:03 p.m. Present: Mr. K. Kirby -Chair Councillor J. Gazzola, Ms. E. Gallaher, Ms. A. Oja, Ms. L. Brohman and Messrs. I. Mota, Z. Janecki, L. Robertson, T. Benedict, G. Zeilstra, and J. Rice. Staff: L. Bensason, Coordinator, Cultural Heritage Planning M. Wade, Heritage Planner Y. Westerveld Cardoso, Heritage Planning Technician D. Saunderson, Administrative Clerk C. Goodeve, Committee Administrator DTS-10-005 - LISTING OF NON-DESIGNATED PROPERTY OF CULTURAL HERITAGE VALUE /INTEREST ON THE MUNICIPAL HERITAGE REGISTER (MHR) The Committee considered Development and Technical Services Department report DTS-10- 005, dated December 16, 2009 recommending the listing of 19 properties on the Municipal Heritage Register (MHR) as non-designated properties of cultural heritage value or interest. In addition, the Committee was in receipt this date of correspondence from Polocorp Inc. requesting the exclusion of 19 and 25 Mill Street from the MHR. Ms. M. Wade reviewed the report, noting that all affected property owners were circulated an information package, which included the statement of significance as well as an invitation to address the Committee this date. She advised that in addition to the owners' objections, as outlined in report DTS-10-005, staff received comments from the owner of 156 Benton Street who indicated that the property was originally purchased for construction purposes as part of the Regional Transportation Master Plan. In addition, the owners of 163-165 Victoria Street South and 800 King Street East requested clarification as to the implications of being listed. Ms. Wade added that as a result of further discussions with representatives from Polocorp Inc., staff have consented to the removal of 19 Mill Street from the list of properties proposed to be added to the MHR. She noted that any recommendation arising from the Committee regarding this matter would be considered at the February 1, 2010 Council meeting, to allow time for staff to notify the affect property owners of the Heritage Kitchener recommendations. Messrs. Paul and Mike Puopolo, Polocorp Inc. were in attendance in opposition to the proposed listing of 19 and 25 Mill Street on the MHR. Mr. M. Puopolo highlighted their objections, as outlined in the circulated correspondence, noting that the statement of significance does not provide an adequate reflection of the actual condition of the buildings. The interior floors and walls of 25 Mill Street have been redone and the building itself provides no continuity to the streetscape. With respect to 19 Mill Street, it is not a particularly good example of either Queen Anne or Italianate architectural styles, adding that both properties were purchased with the intention of eventually being redeveloped. He stated that as of now, Polocorp Inc. has approximately 1.5 acres of land with which to develop along Mill Street; commencing with 19 Mill Street and ending at 37 Mill Street. He commented that listing of the subject properties on the MHR is counter intuitive to the objectives of the City's Mixed Use Corridor study as well as the Kitchener Growth Management Plan. Mr. L. Robertson questioned the potential of listing the other Polocorp Inc. Mill Street properties on the MHR, noting the potential lack of continuity of the streetscape if only 25 Mill Street were preserved. Ms. Wade advised that there is no intention at this time to list any of the other surrounding Mill Street properties on the MHR, noting that listing the subject property would not hinder its possible redevelopment. She added that regardless of the subject property being listed on the MHR, the City has the authority to request a Heritage Impact Assessment (HIA) given its close proximity to the Victoria Park Heritage Conservation District. Mr. Z. Janecki advised that he undertook an inspection of the exterior of 19 and 25 Mill Street, and in his opinion, neither property warrants listing on the MHR. At the suggestion of Ms. Wade, the Committee agreed to remove 19 Mill Street from the list of properties being considered for inclusion on the MHR. On motion, Mr. Janecki brought forward a recommendation to exclude 25 Mill Street from being listed on the MHR, which was voted on and Lost. HERITAGE KITCHENER MINUTES JANUARY 5, 2010 - 2 - CITY OF KITCHENER DTS-10-005 - LISTING OF NON-DESIGNATED PROPERTY OF CULTURAL HERITAGE VALUE /INTEREST ON THE MUNICIPAL HERITAGE REGISTER (CONT'D) Ms. E. Gallaher expressed concern with some of the comments contained in Mr. Poupolo's circulated correspondence, regarding Heritage Kitchener potentially being at odds with Council over this matter. She clarified that it is the role of this Committee to provide Council with advice on matters impacting the City's heritage resources and then Council must consider that advice within the broader context of the City's overall priorities. On motion by Ms. E. Gallaher - it was resolved: "That pursuant to Section 27 of the Ontario Heritage Act, 25 Mill Street, be listed on the Municipal Heritage Register as anon-designated property of cultural heritage value or interest, in accordance with the Statement of Significance attached as Appendix `A' to Development and Technical Services Department report DTS-10-005." Mr. Bob Huck and Ms. Susan McDonald, Huck Glove Company Inc., attended in opposition to the identification of 120 Victoria Street South as a property of cultural heritage value or interest. Referencing the minutes of past Heritage Kitchener meetings, Mr. Huck questioned the degree of communication between the City and the owners of properties proposed for listing on the MHR. He expressed disappointment that his property was included on the Committee's former heritage inventory without his knowledge, noting that he was unaware of it being of cultural heritage interest until he received correspondence from Ms. Wade in November 2009. In addition, he questioned the validity of the 4-step process used to list properties on the MHR as well as the accuracy of the evaluation conducted of his property. He commented that several modifications have been made to his building since its construction, thereby diminishing its historic value. Mr. Huck reiterated his opposition to the proposed listing and expressed concern with the impact that this may have on the future marketability of his property. Referencing the correspondence circulated with report DTS-10-005, Mr. Janecki questioned if Mr. Huck was still interested in having this matter deferred to a later date. Mr. Huck advised that he was no longer seeking an extension of time as indicated in his previous correspondence. He commented that his property is an investment and with the future implementation of the Victoria Street South Mixed Use corridor, he would prefer to be free from restrictions which may hinder future development. In responses to concerns expressed regarding the former heritage inventory, Mr. L. Bensason advised that amendments to the Ontario Heritage Act and the Planning Act passed in 2005 established a need for the City to re-evaluate the way it identified properties of cultural heritage interest. Under the former process, properties were added based on the discretion of the municipal heritage committee; however, given the status now afforded to a property listed by a municipality, Kitchener developed the current 4-step process. He pointed out that some municipalities incorporated their original inventories into their MHRs without any public consultation. He noted that Kitchener decided to re-evaluate the approximately 800 properties listed on the old inventory; and through the approved 4-step process, which includes consultation with property owners, are determining whether each of those properties merits being added to the Register. Ms. Gallaher commented that implementing the 4-step listing process introduced a greater interaction between the City and property owners, which was not required by legislation. She stated that buildings provide for the history of a community and encouraged Mr. Huck to forward staff any corrections he may have regarding his property's statement of significance. On motion by Ms. E. Gallaher - it was resolved: "That pursuant to Section 27 of the Ontario Heritage Act, 120 Victoria Street South (Huck Glove Company) be listed on the Municipal Heritage Register as a non- designated property of cultural heritage value or interest, in accordance with the Statement of Significance attached as Appendix `A' to Development and Technical Services Department report DTS-10-005." HERITAGE KITCHENER MINUTES JANUARY 5. 2010 - 3 - CITY OF KITCHENER 1. DTS-10-005 - LISTING OF NON-DESIGNATED PROPERTY OF CULTURAL HERITAGE VALUE /INTEREST ON THE MUNICIPAL HERITAGE REGISTER (CONT'D) Ms. Catherine Gesza, Ukrainian Catholic Church of the Transfiguration, addressed the Committee in support of listing 131 Victoria Street South on the MHR. She advised that her only concern was with some of the information contained in the property's statement of significance related to the site's contextual value. She gave an overview of the history of the Church and its connection to the surrounding community. She requested that the statement of significance be revised to reflect this connection and to indicate the setting of the Church as being significant. She noted that the building's interior illustrates its historical context and invited the members to tour the Church. Mr. K. Kirby asked Ms. Gesza to submit her historical information on the Church to Heritage Planning staff and requested that staff arrange a site visit of the Ukrainian Catholic Church of the Transfiguration for the Committee members. On motion by Mr. J. Rice - it was resolved: "That pursuant to Section 27 of the Ontario Heritage Act, 131 Victoria Street South (Ukrainian Catholic Church of the Transfiguration) be listed on the Municipal Heritage Register as a non-designated property of cultural heritage value or interest, in accordance with the Statement of Significance attached as Appendix `A' to Development and Technical Services Department report DTS-10-005." Mr. Noel McInnis attended in opposition to the proposed listing of 127 Victoria Street South on the MHR. He expressed concern that listing the property may restrict its future expansion and/or complicate the redevelopment process. He advised that given his plans for the property, he would prefer to minimize the costs associated with its development. Mr. Bensason advised that listing does not prevent development, but rather ensures that heritage resources are evaluated, through the submission of an HIA, so that an appropriate level of conservation is achieved. He stated that the costs associated with completing an HIA is dependant upon what is proposed in the development application and the complexity of the heritage resources located on site. He noted that these kinds of costs, permitted under the Planning Act, are faced by all owners who submit a development application; and accordingly, an HIA is no different from requesting a tree preservation plan or a noise impact study. Ms. Wade pointed out that with regard to 127 Victoria Street South, irrespective of the proposed listing, an HIA may be required to develop this property as it is located directly adjacent to the Victoria Park Heritage Conservation District. On motion by Mr. J. Rice - it was resolved: "That pursuant to Section 27 of the Ontario Heritage Act, 127 Victoria Street South, be listed on the Municipal Heritage Register as anon-designated property of cultural heritage value or interest, in accordance with the Statement of Significance attached as Appendix `A' to Development and Technical Services Department report DTS-10-005." Mr. Kirby noted that the recommendations arising from the Committee regarding the properties being listed on the MHR would be considered at the February 1, 2010 Council meeting. The Committee then considered the balance of the properties outlined in report DTS-10-005. On motion by Ms. L. Brohman - itwas resolved: "That pursuant to Section 27 of the Ontario Heritage Act, the following properties be listed on the Municipal Heritage Register as non-designated properties of cultural heritage value or interest, in accordance with the Statements of Significance attached as Appendix `A' to Development and Technical Services Department report DTS-10- 005: HERITAGE KITCHENER MINUTES JANUARY 5, 2010 - 4 - CITY OF KITCHENER 1. DTS-10-005 - LISTING OF NON-DESIGNATED PROPERTY OF CULTURAL HERITAGE VALUE /INTEREST ON THE MUNICIPAL HERITAGE REGISTER (CONT'D) • 111 Ahrens Street West; • 156 Benton Street; • 301 Charles Street East; • 24 Courtland Avenue East; • 26 Courtland Avenue East; • 35 Courtland Avenue West; • 800 King Street East; • 1027 King Street East; • 11-15 Pandora Avenue North; • 214 Queen Street South; • 130 Victoria Street South; • 131 Victoria Street South; • 142 Victoria Street South; • 163-165 Victoria Street South; and, • 187-193 Victoria Street South." 393-411 QUEEN STREET SOUTH (BARRA CASTLE) UPDATE Mr. Paul Puopolo, IBI Group, was in attendance to provide an update on the extent of the fire damage and future redevelopment of 393-411 Queen Street South (Barra Castle). He stated that the fire, which occurred in November 2009, only affected the middle section of the building which has been approved for demolition by this Committee. He commented that installation of an enhanced fire prevention system, such as a Direct Detect unit, would not be feasible due to the costs associated with temporarily restoring hydro to a building that is scheduled to undergo redevelopment in the near future. He noted that they are continuing to actively monitor the building to decrease the possibility of further damage, adding that the pre-demolition work is anticipated to begin within the next two weeks. In response to questions, Mr. Puopolo advised that the plans for securing the building once the middle and annex sections have been removed are still being finalized. He noted that once those sections are demolished the building will be completely sealed from the outside elements, which should also reduce the possibility of future break-ins. DRAFT PRESERVATION AND MAINTENANCE AGREEMENT FOR 1 KING STREET WEST (WALPER HOTEL) The Committee was in receipt this date of a draft Preservation and Maintenance Agreement for 1 King Street West (Walper Hotel). Mr. L. Bensason presented the draft Agreement, advising that the Walper Hotel has expressed an interest in applying for a heritage tax refund; however, one of the eligibility requirements is to have the subject Agreement registered on titled prior to submitting an application. He advised that this is being brought before the Committee at this time as applications for heritage tax refunds are only accepted in February of each year, adding that the subject Agreement must be approved by Council before it can be registered on title. He requested comments on the heritage features identified for inclusion, noting that all elements identified in the designating by-law as well as some additional original /older features have been incorporated into the draft Agreement. Several members expressed concerns with the short timeframe with which they were given to consider the draft Agreement. Mr. Bensason advised that staff received the Walper Hotel's revised draft Agreement yesterday, noting that the City's Legal Services staff have reviewed the document and indicated that they have no major concerns with it. He clarified that this Agreement would not change the Walper Hotel's heritage designation rather it would add further preservation requirements, including: the assurance that the property is adequately maintain as described in the Agreement; adequate insurance is in place to rebuild the building including its identified heritage attributes; and, a clause restricting the demolition of the building. Mr. Michael Von Techman, Walper Hotel, addressed the Committee in support of the draft Preservation and Maintenance Agreement. He advised that he received the draft Agreement HERITAGE KITCHENER MINUTES JANUARY 5. 2010 - 5 - CITY OF KITCHENER 3. DRAFT PRESERVATION AND MAINTENANCE AGREEMENT FOR 1 KING STREET WEST (WALPER HOTEL) (CONT'D) on November 26, 2009 and had some difficultly obtaining a lawyer with the qualifications necessary to deal with heritage matters of this kind. He added that once a lawyer was obtained, that individual worked through the holidays in order to have the draft Agreement prepared for the Committee's review this date. Members generally expressed support for the Walper Hotel seeking to qualify for a heritage tax refund and the Committee agreed to endorse the draft Preservation and Maintenance Agreement for 1 King Street West. 4. CIVIC CENTRE HERITAGE CONSERVATION DISTRICT APPEAL UPDATE Mr. L. Bensason provided an update on the status of the Ontario Municipal Board (OMB) appeal of the by-law to designate the Civic Centre Heritage Conservation District (HCD) under Part V of the Ontario Heritage Act. He advised that since October 2009, the owner of 30-40 Margaret Avenue has made an application for an Official Plan Amendment (OPA) as well as a Zone Change Application to accommodate the proposed future development of that property; which is located within the proposed HCD. He noted that Planning staff have begun processing both the applications and anticipate bring them forward for Council's consideration in April /May 2010. He stated that in light of the possibility that the OPA and Zone change applications will be appealed to the OMB by area residents, a full 10 day hearing has been scheduled to commence on September 10, 2010 to consider all appeals related to this matter. Mr. Bensason further advised that the owner of 30-40 Margaret Avenue has indicated a willingness to withdraw their appeal of the designating by-law should the OPA and Zone change applications be approved. He noted that the properties located within the proposed Civic Centre HCD are not afforded the protection prescribed under Part V of the Ontario Heritage Act until these matters have been resolved. 5. 2010 HERITAGE SHOWCASE UPDATE Ms. M. Wade advised that both Messrs. Rice and Zeilstra have agreed to assist with assembling Heritage Kitchener's display for the 2010 Heritage Showcase. She stated that preliminary research has been conducted at the Kitchener Public Library and several of their photographs have been identified as being suitable for the display. She noted that she is awaiting permission from the Library to use them. She added that booths are to be set up between 7:30 a.m. and 9:15 a.m. on February 13, 2010 and are on display until 5:00 p.m. that day. Members were encouraged to consider volunteering to work at the Committee's Heritage Day Showcase Booth. 6. REVISED 2010 HERITAGE KITCHENER MEETING SCHEDULE Mr. C. Goodeve advised that the Provincial Government has passed the Bill 212 which has officially moving the date for the Municipal Election from November 8, 2010 to October 25, 2010. He then provided the Committee copies of the revised 2010 meeting schedule. 7. VICTORIA PARK LAKE Mr. K. Kirby spoke to concerns raised regarding the proposed timing of the Victoria Park Lake Remediation project on the City's Capital Forecast. He noted that the Lake is an identified heritage attribute within the Victoria Park Heritage Conservation District. He advised that a report will be considered at a public meeting on the budget to be held January 11, 2010 and subsequently a decision will be made as part of Council's final budget deliberations on January 18, 2010. Mr. Kirby encouraged those members who wish to express their concerns regarding the timing of this project to attend the January 11, 2010 public budget meeting. Several members expressed concerns regarding the proposed timelines. At the request of the Committee, Councillor J. Gazzola agreed to present the concerns of Heritage Kitchener regarding the continued preservation of this identified heritage attribute at the January 11, 2010 public budget meeting. HERITAGE KITCHENER MINUTES JANUARY 5, 2010 - 6 - CITY OF KITCHENER PROPOSED CLOSING OF ROCKWAY SENIOR CENTRE Mr. K. Kirby expressed concerns regarding the potential closure of Rockway Senior Centre, currently being considered by Council. He suggested that the location was once the site of the City's trolley turnaround station and requested the Committee's endorsement of Ms. Gallaher conducting research into the history of the Centre. He added that an update could be provided by Ms. Gallaher at the February 2, 2010 Heritage Kitchener meeting. Members generally expressed support for Ms. Gallaher undertaking the proposed research. ADJOURNMENT On motion, this meeting adjourned at 6:36 p.m. Dianna Saunderson Colin Goodeve Administrative Clerk Committee Administrator