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Home My WebLink AboutPSD-053-06 CJNillgton REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, May 8,2006 Report #: PSD-053-06 By-Iaw#: fJ... 0 0 ~ - } 0 ~ 0Pt1 ~ r;..1/;;..- 0 b BEECH AVENUE, BOWMANVILLE - HERITAGE CONSERVATION DISTRICT DESIGNATION AND HERITAGE CONSERVATION DISTRICT PLAN File #: PLN 34.2.4.2 Subject: RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-053-06 be received; 2. THAT a Beech Avenue Heritage Conservation District Plan be adopted under Part V of the Ontario Heritage Act (Attachment 1); 3. THAT the Beech Avenue Heritage Conservation District By-law be adopted; 4. THAT the Beech Avenue Heritage Conservation District be reviewed with input from the residents three years after it comes into force; and 5. THAT any interested parties or delegation be advised of Council's decision. Submitted by: ~ . - J. - rolne, M.C.I.P., R.P.P. Director of Planning Services Reviewed by:(j~~ Franklin Wu, Chief Administrative Officer IUFUDJC/df 27 April 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-053-06 1.0 BACKGROUND PAGE 2 1.1 On September 30, 2002 Council approved initiation of a study pursuant to Section 40 (1) of the Ontario Heritage Act for a heritage conservation district (HCD). A study area By-law 2002-150 was passed. The study was to proceed in two phases, the first being the preparation of a HCD Background Study, and the second being the preparation of a HCD Plan. 1.2 In May of 2004 Council accepted the Phase 1 Study, which detailed the heritage character of the area on a street by street basis, and approved proceeding with Phase 2 of the study which was the development of the HCD Plan and accompanying architectural guidelines. 1.3 The residents and community have been kept informed of the proposed district's progress. A total of three newsletters have been issued, a number of open houses have been held and the draft guidelines were distributed to all residents in September of 2005. A public meeting on the proposed HCD Plan was held on October 3rd, 2005, and delegations, submissions and comments were referred back to staff. 1.4 The recommendation brought forward by staff in January of 2006 was based on the input from a number of stakeholder groups, numerous comments from residents of the area and a request from the residents of the Beech Avenue block that their block be designated with a three year timeframe for evaluation. 1.5 On February 13, 2006, Council approved the following resolution: 'THAT no further financial resources be spent on the Heritage Conservation District Plan through consultants; THAT the draft Bowmanville Heritage Conservation District Plan be adopted as the Old Bowmanville (North Ward) Heritage Guidelines for use as a resource document by residents; THAT a Beech Avenue Heritage Conservation District Plan be drafted to reflect the request of the Beech Avenue residents for designation of a Heritage Conservation District under Part V of the Ontario Heritage Act and that no further Heritage Conservation Plans be considered until the three year review of Beech Avenue has been completed; THAT the Beech Avenue Heritage Conservation District By-law be adopted when the specific Beech Avenue Heritage Conservation District Plan has been drafted; THAT, upon reconstruction of Beech Avenue, no further dollars be spent beyond traditional road construction; and THAT the Beech Avenue Heritage Conservation District be reviewed approximately three years after it comes into force." REPORT NO.: PSD-053-06 PAGE 3 1.6 The Beech Avenue HCD Plan and by-law notification was published in the Canadian Statesmen newspaper on April 1 th notifying the public of that the Plan was available for public review at the Planning Services Department, Clarington Library (main branch) and Sarah Jane Williams Heritage Centre to meet the statutory requirements set out under the Ontario Heritage Act (see attachment 2). 2.0 THE PROPOSED HERITAGE CONSERVATION DISTRICT PLAN 2.1 The Beech Avenue Heritage Conservation District Plan was prepared based on designation of the block under Part V of the Ontario Heritage Act. The Ontario Heritage Act was amended in April of 2005 and the new Act sets out the following criteria to be included in a HCD Plan: a) statement of the objectives to be achieved in designating the area as a heritage conservation district; b) a statement explaining the cultural heritage value or interest of the heritage conservation district; c) a description of the heritage attributes of the heritage conservation district and of properties in the district; d) policy statements, guidelines and procedures for achieving the stated objectives and managing change in the heritage conservation district; and e) a description of the alterations or classes of alterations that are minor in nature and that the owner of property in the heritage conservation district may carry out or permit to be carried out on any part of the property, other than the interior of any structure or building on the property, without obtaining a permit under section 42.2005, c.6, s.31. 2.2 The Beech Avenue Heritage Conservation District Plan has been reviewed by the Ministry of Culture and provincial staff have confirmed that the draft HCD Plan meets the requirements of the Ontario Heritage Act. 2.3 The LACAC at their meeting of December 14th, 2005 passed a resolution which endorsed the designation of a pilot area. The LACAC were ~rovided with a copy of the Beech Avenue HCD Plan prior to their meeting of April 18 h, 2006 and they provided comments many of which were incorporated into the Addenda that was circulated on April 20, 2006, as corrections to the draft HCD Plan. At the April 18th meeting LACAC also passed a resolution accepting the study and recommending it to Council (Attachment 3). 2.4 The Beech Avenue HCD Plan is based on the previously prepared draft Plan for the larger neighbourhood. The Beech Avenue HCD Plan has been tailored specific to the REPORT NO.: PSD-053-06 PAGE 4 Beech Avenue block. The Beech Avenue HCD Plan has been reviewed with and circulated to the residents to the block. 2.5 Staff have reviewed all of the changes to the Beech Avenue HCD Plan with both the residents of the street and the Older Adult Association. Staff have attempted to address all of the comments brought forward by the residents and Older Adult Association. Some of the issues raised go beyond the terms of reference for a heritage district and are not applicable to this project or addressed in this report. 2.6 As part of the functioning of a heritage district major applications, as outlined in Section 3 of the Plan are reviewed by an advisory committee that makes recommendations to Council, who under the Ontario Heritage Act are the decision-making body for major alterations. The composition of the Advisory Committee has been the topic of discussion numerous times during the study process. The Older Adult Association in their delegation to Council on February 13, 2006 requested that they be included in the membership of the HCD Advisory Committee; however, they have modified this request and suggested that their Executive Director sit as a ex-officio member. The staff recommendation is that the advisory committee be composed of representatives of the LACAC, a building industry or design professional, one property owner from the street; municipal staff would facilitate the group but not have voting rights. Appointees to and all actions of the advisory committee must be endorsed by Council. The Advisory Committee would be involved in reviewing the following: . construction of new buildings . additions to buildings . demolition of a portion of a building* . demolition of an entire building* . relocation of a building on a property . relocation of a building from outside the district . site and park function alterations at Clarington Beech Centre . streetscape improvements including road and/or utility reconstruction/installation *These matters would also be reviewed by the LACAC as it is a legislative requirement of the Ontario Heritage Act. 3.0 CONCLUSIONS 3.1 The Beech Avenue residents, the LACAC, and the Older Adult Association are satisfied with the contents of the Beech Avenue Heritage Conservation District Plan. The Ministry and staff are satisfied that the Plan meets the requirements as set out under Part V of the Ontario Heritage Act. Staff recommend that the Beech Avenue Heritage Conservation District Plan be approved, as amended by the addenda. 3.2 Council has alread~ committed to a review of the Beech Avenue HCD Plan and process in the February 13t resolution which is detailed in the Plan. REPORT NO.: PSD-053-06 PAGE 5 3.3 In keeping with the resolution it is recommended that approval for all minor alteration heritage permits be delegated to the Director of Planning Services and that an advisory committee with representation from the LACAC, and others as detailed in 2.6 be established to review major alterations for the Beech Avenue HCD Plan. Attachments: Attachment 1 - Beech Avenue Heritage Conservation District Plan (distributed under separate cover and addenda) Attachment 2 - Advertisement Attachment 3 - LACAC resolution Attachment 4 - By-law Interested parties to be notified of Council's decision: District Steering Committee Members Members of the LACAC OBNA Beech Avenue Residents Paul King, Ministry of Culture 1111 UlIlFl"l HI '. 'BEECHi'AvENUE',HE.RITAGE<CONSERVATION ........i...DISTRICTDESIGNATIONAND.PBN. ~AK~;NOTICE that the Counc!lof the ~()(p()ration of the' Municipality of ~cl~rirjgtonlwillconsider I:u;loptlng a Her!ta~~;c(mservatlon [listricLp'lan , \rotthe Beech Avenue block In Bowmanvllle(shown on map) and will con- . siderpassil1g a by-law to approve the designation of the Beech Avenue block in Bowmanville as a Heritage COl1$ervation District under Part V of the Ontario Heritage Act. Planning File No.:PLN 34.2.4.2 . , '. PUBLIC MEETING I DATE: Mo'nday, May 8th, 2006' TIME: 9:30 a.m. . ....... .' . PLACE: Councl./ Chambers,2rid.Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanvllle, Ontario ANY PERSON may attend the public meeting and/or make written 'Or ' verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Pur- . pose and Administration Co":,mittee Meetingcommences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, May 15th. 2006, c~mmencing at 7:00 p;m. Should you wish. to appear before Council, you , must register with the Clerks Department by the Wednesday noon, May .1Oth~ 2006,tohaveyourname appear in theAgel'lda.' COMMENTS OR QUESTIONS? ,,' Ttle' draft: Beech Avenue HeritaQe Conser.V~tion .District . Plan will be available for viewing at the Planning Services Department between the hours of 8:00 a.m. and 5:00 p.ni.,3rd Floor,40Temperance Stree(Bow- ,manville as.ofApriI13th. The Plan will also be available at the Claring- ton Main Branch. Public Library and. the Sarah Jane Williams Heritage Centre, 62 Temperance Street, Bowmanville; If you require further in- formation please contact Faye Langmaid at (905) . 623-3379 eld. 216, flangmaid@rt:lunicipality.clarington.ol1.ca, or Isabel Uttle at (905) 623- 3379 ext. 217, i1ittle@mlnicipality.clarington.on.ca. Dated at the Municipality of Clarington this 7th day of April, 2006. . '. David Crome, Nl.C.I.P.,R.P.P. Director of Pla\'lnlng Sel:V1ces Munlcll?alltyof Clarlngton' " 40 TemperanCe Street Bowmanvllle, Ontario.. .L1C 3A6' Attachment 2 To Report PSD-053-06 .. .c- Attachment 3 To Report PSD-053-06 LACAC Resolution, April 18th, 2006 Recommendation of the Committee: MOVED: Jennifer Knox SECONDED: James Rook THAT the Clarington Heritage Committee recommends to Council that the draft Beech Avenue Heritage Conservation District plan be accepted with amendments as the Plan will assist the area in retaining its special character in a manner that allows change where appropriate while respecting the values of the past. "CARRIED" Attachment 4 To Report PSD-053-06 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2006- being a By-law to designate the Beech Avenue block as a heritage conservation district; WHEREAS Council at its meeting September 30th, 2002 approved initiation of a study pursuant to Section 40 (1) of the Ontario Heritage Act for a heritage conservation district; and whereas By-law 2002-150 adopted the study area; AND WHEREAS a heritage study of the area was conducted; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. The area outlined by the heavy lines shown on the map attached as Schedule "An to this by-law is designated as a heritage conservation district under Part V of the Ontario Heritage Act, R.S.O. 1990, chapter 0.18. 2. The Heritage Conservation District Plan for the Beech Avenue Heritage Conservation District prepared by the Planning Services Department, dated April 2006 is adopted. 3. A copy of the heritage character statement and heritage conservation district plan is available for inspection at the office of the Municipality of Clarington, Planning Services Department, Third Floor, 40 Temperance Street, Bowmanville. Ontario. BY-LAW read a first time this 15th day of May 2006 BY-LAW read a second time this 15th day of May 2006 BY-LAW read a third time and finally passed this 15th day of May 2006 John Mutton, Mayor Patti L. Barrie, Municipal Clerk SCHEDULE 'A' CONCESSION STREET WEST CLARINGTON BEECH CENTRE W :J Z W ~ tu w 0::: I- 00 W 0::: I- Z W () ($>0 ~~ ~ ~~ ~/C' ~<(C' U"a C'(C'~ "S-O ~ _ q- ""7< J: () W W CCl J Proposed Beech Avenue Heritage Conservation District