Loading...
HomeMy WebLinkAboutPSD-055-04 , CI!Jl-!l1gton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ,/~,l Date: Monday, May 17, 2004 Report #: PSD-055-04 File #: PLN 34.2.4.1 Keo',~PA ~~HYt By-law #: Subject: PROPOSED BOWMANVILLE HERITAGE CONSERVATION DISTRICT BACKGROUND STUDY AND PHASE II-GUIDELINES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-055-04 be received; 2. THAT the Bowmanville Heritage Conservation District Background Study be received as submitted; 3. THAT Staff be directed to provide Council with oJiltions on how to proceed based upon the May 10th delegations to Council and May 17 delegations to General Purpose and Administration Committee for consideration at the May 31st Council Meeting; and 4. THAT all interested parties listed in this report, all property owners within the study area and any delegations be advised of Council's decision. Submitted b . Reviewed by: ~ ~ Franklin Wu Chief Administrative Officer IL *FL *DC*df CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 618 REPORT NO.: PSD-055-04 PAGE 2 1.0 BACKGROUND 1.1 In March of 2001 the firm of Totten Sims Hubicki Associates submitted a report entitled the Old Bowmanville Neighbourhood Streetscape and Infrastructure Implementation Plan that they had prepared at the direction of Council. The report noted that the Old Bowmanville Neighbourhood Association (OBNA) had identified the area bounded by Wellington Street, Liberty Street, and Concession Street as unique and that it be preserved as part of any infrastructure renewal program. The report suggested that a "special designation" be considered by Council for this section of Bowmanville. 1.2 Through Resolution #C-419-01 Council directed staff to commence discussions with the OBNA regarding an appropriate designation for the area. Upon meeting with representatives of the OBNA it was indicated that the special designation they might be seeking could be the designation of the area as a Heritage Conservation District under the Ontario Heritage Act. In October of 2001 a formal request was received to begin the process of examining the area for its potential to become a designated heritage conservation district. 1.3 All heritage conservation districts are designated under Part V of the Ontario Heritage Act. The Act does not state a particular process or provide detailed steps that must be followed in order to obtain designation. It simply states that Council may by by-law define one or more areas of a municipality as an area to be examined for future designation as a heritage conservation district and the Council may, after such examination is complete, prepare Official Plan provisions with respect to such designation. Council is required to consult with its heritage committee (LACAC) before passing such a by-law. If the municipality's Official Plan contains provisions relating to the establishment of heritage conservation districts, Council may by by-law designate an area as a heritage conservation district. There is no detailed procedure requiring extensive public consultation, the preparation of background studies, or the preparation of district guidelines or plans. 1.4 Due to the lack of specific regulations in the Ontario Heritage Act, staff conducted research the process used by other municipalities in obtaining approval of heritage conservation districts. Staff reviewed the Ministry of Tourism, Culture and Recreation Guidelines which outlines the key ingredients for a successful heritage conservation district, as well as consulted with Ministry staff. 1.5 The designation of a district is a lengthy process encompassing a number of steps. On May 21, 2002, Report PSD-048-02 was presented to Council for information purposes. The Report explained the steps and procedures involved in designating a district based on the Ministry Guidelines and the successful practices of other municipalities. This report is included in the public consultation appendix of the Bowmanville Heritage Conservation District Background Study. Section 3.4 of Report PSD-048-02 notes that the study process should have two separate phases. Phase I would be to conduct a Heritage Conservation District 619 REPORT NO.: PSD-055-04 PAGE 3 Background Study. The study would serve as a primary support to justify the area as being historically significant. The objectives of the study are to examine: · The historical growth and development of the prospective district within the context of Bowmanville's settlement history · The streetscape and landscape attributes of the neighbourhood · The planning policies that may impede or enhance heritage conservation · The heritage resources in the proposed district and their architectural and historical associations, and · The appropriate boundaries for the designated area 1.6 Phase II would be the preparation of the Heritage Conservation District Guidelines. The Guidelines are to provide the basis for the management and protection of the area's heritage resources including the buildings, the open spaces, and the landscape features. The intent of the Guidelines is to conserve and maintain the original building form with particular emphasis on what is visible from the street. They are to address the following: · A description of the heritage character of the area and a statement of the conservation principles · Provide guidelines for alterations and additions to existing buildings · Provide for the conservation of heritage fabric and features · Outline landscape conservation guidelines for both public and private property, and · Provide planning and administrative guidelines for change in the area as a whole, including public works undertaken by the municipality or other agencies 1.7 In September of 2002 Report PSD-091-02 was presented to Council recommending that the area bounded by the north side of Concession Street, the west side of Liberty Street, and the south side of Wellington Street be studied for its potential to become a heritage conservation district. The study area was enlarged by staff to include the south side of Wellington Street and the north side of Concession Street due to the number of listed heritage resources already identified in the Municipality's inventory. Council passed the study area by-law and staff prepared a terms of reference for consulting services to assist with the project. The consulting team of Martindale Planning Services, Unterman McPhail Associates and Barry-Bryan Associates (1991) Limited were engaged in January of 2003, to complete a heritage conservation district background study. 1.8 In researching the process for the study, many municipalities indicated that the establishment of a District Steering Committee would be instrumental in guiding the Municipality through the preparation of the background study. Therefore, a Committee was formed comprised of representatives of Municipal staff, the LACAC, the OBNA, and neighbourhood residents. The committee has assisted in reviewing and commenting on the development of the Background Study. While 620 REPORT NO.: PSD-OSS-04 PAGE 4 the membership has changed as the study process has evolved, the District Steering Committee has provided significant insight into the issues residents would like addressed beyond the background study phase. It is anticipated that the same committee would serve for the preparation of the Phase II Guidelines. 1.9 Public consultation is not a requirement of the Ontario Heritage Act but it is one of the key factors in creating a designated district that addresses the concerns and balances the desires of all of the property owners in the area. A number of meetings with the residents, mailings and other communications have been carried out as part of the process. Three open houses have been held during the background study and two newsletters have been sent to the residents. In addition, numerous residents have written, called, e-mailed and attended meetings and the offices of the Planning Services Department to gain additional information and an understanding of the process and the potential pros and cons of designation. Opportunity has been provided for written comments at the open houses, through questionnaires and round table discussions. The newsletters to residents have been aimed at providing information on the process and responding to the questions raised by the residents at the open houses. The public input to date is detailed in the Heritage Conservation District Background Study. 1.10 The Bowmanville Heritage Conservation District Background Study is now complete. The consultant team has concluded that from a historical, socio- economic and architectural perspective ".. .it can be stated without hesitation that the building stock in old Bowmanville, combined with the surrounding landscaping and streets, represents one of the finest examples in the province of a residential heritage conservation district." 1.11 The LACAC has been mandated under the Ontario Heritage Act to advise and assist Council on matters of heritage preservation. On March 16th the consultant team presented the Background Study to the LACAC with their recommendation that the project move on to the next step. There were members of the public in attendance at the meeting but they had not registered to speak. The LACAC, however, did listen to their concerns and agreed to hold a special meeting of the LACAC to hear public delegations before making their recommendation to Council. This meeting was held on March 30th. There were six delegations, three were strongly opposed, and three were in favour of moving on. The presentation made by the delegates indicated that there was dissention in the neighbourhood between opposing parties, and a lot of misinformation about the effects of proceeding with the preparation of guidelines. The LACAC did not make a recommendation to Council that evening. Instead the LACAC passed a motion that a separate meeting be held with the delegates, the LACAC Chair, staff and the local councillor to see if a consensus on how to proceed could be reached. This meeting was held on April 19th. As a result of the discussions that evening the LACAC passed the motion shown on Attachment 1 during their regular meeting on April 20th. 621 . REPORT NO.: PSD-055-04 PAGE 5 1.12 Neighbourhood residents and stakeholders have asked whether there are other alternative means to achieving the goals of heritage protection and neighbourhood enhancement. Suggestions of a more detailed zoning, site plan control and other alternatives can be examined as part of the second phase by staff. LACAC has incorporated this additional research into their recommendation to Council. 1.13 Delegations at the May 10lh Council Meeting voiced their concerns regarding designation but requested that information for protection and enhancement of the neighbourhood be provided by staff, LACAC, and the museum 1.14 Council requested Staff to prepare options for the May 31 sl meeting of Council on how to proceed. Attachments: Attachment 1 - Notice of Motion Background Study (Phase I) - distributed separately 622 . . r~ ATTACHMENT 1 NOTICE OF MOTION WHEREAS, Council approved on Sept 30, 2002, Phase 1 of a multi-phase process to study the area in the northerly older section of Bowmanville, roughly a triangle bounded by Concession, Liberty and Wellington to determine the merits of its historical, socio- economic and architectural significance as a candidate for designation under Part V of the Ontario Heritage Act; and WHEREAS, the consulting team, planning staff and district steering committee have prepared the Phase 1, Study Report in keeping with the terms of the study and their proposal; and WHEREAS, the Study Report is historical information based on careful research and documentation; and WHEREAS, the findings of the Study Report strongly supports that the area is without hesitation one of the best candidates for protection of its historical character and architecture in the province; and WHEREAS, development pressures have not as of yet diminished the character of the area and it is the most intact example of a turn of the century neighbourhood in Durham Region; and WHEREAS, the concerns raised by some residents focus on the details of the next phase; being guidelines, and ask for additional means of protecting the heritage of the neighbourhood, which have not yet been authorized by Council; and WHEREAS, it is necessary to produce a spectrum of guidelines to address the concerns and fears of residents and set out how change could be managed in this neighbourhood and what the most effective educational and/or planning tools are for doing so; and WHEREAS, the results of the next phase of study will provide residents, LACAC and Council with information to adequately determine how to proceed; and WHEREAS, this is Clarington's first effort under Part V of the Ontario Heritage Act, and as such the preparation of guidelines will be a valuable tool for the residents, LACAC, the Museum and Planning Services Department and for Council regarding matters concerning heritage stewardship; THEREFORE BE IT RESOLVED THAT LACAC recommends to Council the Phase I, Background Study be accepted as amended and Council pass the necessary resolution to engage the consulting team for the preparation of the guidelines, and add to the study the exploration of alternative applicable means of protecting the quality of the neighbourhood and further, that the public consultation will continue. 623