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HomeMy WebLinkAboutPSD-048-02 , > "'. .!, ClfJ!_n REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday, May 21, 2002 .k?o I Report #: PSD-048-02 File #: PLN 34.2.4.1 bPI! ~d;} g- -v;}-- By-law #: Subject: POTENTIAL DESIGNATION OF A PORTION OF THE BOWMANVILLE URBAN AREA AS A HERITAGE CONSERVATION DISTRICT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-048-02 be received for information. 2. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Da Id Crome, MCIP, R.P.P. Director of Planning Services Reviewed bY:O 'r-~_ Luu... Franklin Wu, Chief Administrative Officer IL*BN*DJC*sn May 10, 2002 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 622 , REPORT NO.:PSD-048-02 PAGE 2 1.0 BACKGROUND The firm of Totten Sims Hubicki Associates has prepared a report entitled the Old Bowmanville Neighbourhood Streetscape and Infrastructure Implementation Plan at the direction of Council. The report was in response to concerns raised by the Old Bowmanville Neighbourhood Association (OBNA) regarding planned improvements to the municipal infrastructure in the older residential area of Bowmanville. The final report was submitted to staff in March of 2001. The Plan noted that the OBNA had identified the triangle area bounded by Wellington Street, Liberty Street, and Concession Street as unique and to be preserved and enhanced as part of any infrastructure renewal program (Attachment 1). The Plan suggested that a "special designation" be considered by Council for this section of Bowmanville. On June 25, 2001, Mr. Bill Humber of 15 Beech Avenue, Bowmanville, appeared as a delegation before Council on behalf of the OBNA. He requested that Council direct the Planning Department to commence the process of reviewing with the Association an appropriate designation for the neighbourhood to be used as a foundation for its future. Through Resolution #C-419-01 Council subsequently directed staff to commence discussions with the Association regarding the process of designating the area outlined in the Old Bowmanville Neighbourhood Streetscape and Infrastructure Implementation Plan. During discussions with 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 (HCD) under the Ontario Heritage Act. Planning Services staff met with representatives of the OBNA in July to discuss the procedures and implications of having the area formally designated. The information was presented to the OBNA at their general meeting in September. In October the Planning Services Department received a formal request to begin the process of having the area designated as a Heritage Conservation District (Attachment 2.) The letter also requested that the Municipality approve the interim control by-law to be used as a measure of protection until the District is approved. 623 , , REPORT NO.:PSD.o48-02 PAGE 3 2.0 COMMENTS The Ontario Heritage Act, RSO 1990, c.0.18, is the principal piece of legislation that enables municipalities to conserve, manage, and protect heritage properties. Part IV of the Act enables municipalities to designate individual buildings, structures or places that are of historical and/or architectural interest. Part V of the Act enables a municipality to designate groups or areas of buildings and their settings provided that the municipal Official Plan contains provisions relating to the establishment of a Heritage Conservation District. Such provision is included in Section 8.3.1 of the Clarington Official Plan which states that the Municipality, with the advice and assistance of the Local Architectural Conservation Advisory Committee (LACAC), will identify or designate a group or groups of heritage properties as a Heritage Conservation District. A Heritage Conservation District is an area with architectural, historic, scenic and/or archaeological features worth conserving. It contains buildings and open spaces that, as a group, are an asset to a community. A District can be as small as a few buildings or can be as large as an entire municipality. It is to have a special character and/or associations that distinguish it from its surroundings. There are currently 51 designated Heritage Conservation Districts within Ontario and a further 23 are under study. All HCDs are approved by the Ontario Municipal Board. They are not approved by local Council. The majority of municipalities have engaged professional consultants to guide them through the procedures of obtaining OMB approval. However, there are municipalities which have already been through the process of designation with the assistance of a consultant that have taken .on the project solely in house. 624 , REPORT NO.:PSD-048.o2 PAGE 4 3.0 THE PROCESS AND IMPLICATIONS OF APPROVAL The Ministry of Tourism, Culture and Recreation have prepared Guidelines outlining the key ingredients for a successful Heritage Conservation District. These would include: · A sound examination of and rational for district designation, especially for the delineation of district boundaries; . Active public participation in the designation process; · A clear and complete designation by-law; and . Clear and well publicized policies for controlling development in the district to protect and enhance its special, unique character. The designation of a District is a lengthy process encompassing a number of steps. Experience of other municipalities and advice from the Ministry have noted that the Ontario Municipal Board will give much consideration to the amount of public support for the designation and the justification of the District boundary. The following steps and procedures are based on the Ministry Guidelines and the successful practices of other municipalities. 3. 1 Neighbourhood Consultation The Ontario Heritage Act does not specifically define how the public should be consulted throughout the designation process. It only requires consultation be held with the Local Architectural Conservation Advisory Committee before the passing of a by-law to define an area to be examined for future designation. The Ministry recommends that efforts should be made to inform all interested parties of the work in progress. A neighbourhood meeting should be held prior to Council approving a study area by-law. Additional meetings will be required to keep the stakeholders informed of the progress of the designation. 3.2 Study Area By-law The study area by-law will define the area to be examined for future designation as a Heritage Conservation District. The boundary of the study area may be the Wellington, Concession, Liberty Street triangle as requested by the OBNA or may be expanded to include additional areas as determined through the neighbourhood consultation 625 REPORT NO.:PSD-048-02 PAGE 5 process. Passing a by-law to study an area does not stop demolition, additions, unsympathetic infills or any other activity from being conducted if that activity complies with the current regulations in place. Council may concurrently pass a study area by-law and an interim control by-law for a period of one year, with a one year option to renew, if it wishes to control development within the study area. The OBNA has requested an interim control by-law be implemented. This option will be reviewed by staff and a recommendation made at the time the study area by-law is presented for approval. 3.3 District Steering Committee Upon approval of the study area by-law it will be necessary to form a District Steering Committee to guide the preparation of the Heritage Conservation District Study and Guidelines. The Committee should be made up of the Ward Councillor for the neighbourhood who shall serve as the Chair of the Steering Committee, two members of the Clarington LACAC, municipal staff from the Planning Services Department and the Engineering Services Department, and several neighbourhood residents, including representatives of the OBNA for a total of nine. 3.4 Heritage Conservation District Study It has been recommended that the establishment of an HCD proceed as two separate phases. Phase one would be to conduct a Heritage Conservation District Study. The Study serves as a primary support to justifying 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. 626 REPORT NO.:PSD-048-02 PAGE 6 Upon completion of the Study it will be presented at a neighbourhood meeting. The comments received will be evaluated by the District Steering Committee and a recommendation will be made to the Clarington LACAC whether or not to recommend approval of the District Study and proceed with the preparation of the Guidelines which constitute Phase Two of the HCD designation process. The Clarington LACAC shall consider the recommendations of the Steering Committee and make a formal recommendation to Council. The final decision regarding approval of the Study and whether or not to continue will be made by Council. 3.5 Heritage Conservation District Guidelines The Heritage Conservation District Guidelines will 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 are to conserve and maintain the original building form with particular emphasis on what is visible from the street. The document will address the following: . A description of the heritage character of the District and a statement of the conservation principles; . Designation guidelines for alterations and additions to existing buildings; . Conservation of heritage fabric and features; . Landscape conservation guidelines for both public and private property; and . Planning and administrative guidelines for change in the district as a whole including public works undertaken by the municipality or other agencies. 3.6 Designation By-law Upon completion of the Study and accompanying Guidelines Council is to approve a by- law designating the neighbourhood as a Heritage Conservation District. The By-law is to be forwarded to the Ontario Municipal Board within 14 days of approval. Notice is also to be provided to the Ontario Heritage Foundation. The Board will hold a hearing to review the application for designation. Upon approval an amendment to the Clarington Official Plan and possibly the Zoning By-law will also be required in order to recognize the designation of the area. 627 '. REPORT NO.:PSD-048-02 PAGE 7 3.7 Monitoring Once designated, no one can erect, demolish, remove any building or structure, or alter any exterior feature within the District without the approval of Council. It will be necessary to establish a District Advisory Committee which is to contain representatives of LACAC, the neighbourhood residents and municipal staff. This Committee, in consultation with the Chief Building Official, will participate in a building permit review program in order to make a recommendation to Council on applications for building permits. Council may delegate the approval of minor projects to the Director of Planning Services. Council has 90 days to make a decision on a permit application. If the permit is refused the owner can appeal the decision to the Ontario Municipal Board. If the permit is approved by Council the decision cannot be appealed by another neighbourhood resident. The Municipality is not required to go through the approval process for any activity within its road allowances or on any Municipally owned lands. Lastly, a resident cannot appeal a decision on another's lands or a Municipal decision on Municipal lands. 3.8 Timing and Costs The amount of time involved and the overall costs of having a District designated is entirely dependant on the size of the area being studied and the amount of support or opposition for the project. The designated districts currently within Ontario have ranged from an approval period of 1 year to 10 years. Projects that are completed in house are certainly less expensive to conduct from an upfront dollar expenditure, but do have a hidden cost in regards to the staff time involved. Consultant fees can range from $20,000 for a small project to in excess of $100,000 for larger areas. Due to the length of time involved in completing the process some municipalities have allocated a set amount for consultant fees in their yearly budget so that there are sufficient funds. Council has approved the allocation of $15,000.00 in the 2002 Budget for consultant fees for the Heritage Conservation District proposal. This is sufficient funding to engage a consultant to begin the project and provide direction. We are relying on the OBNA and LACAC to undertake a portion of the background work necessary for this project. 628 REPORT NO.:PSD.o48-02 PAGE 8 Additional funding will be required in subsequent years to bring the project to completion. The generalized project work plan outlined below indicates the majority of the steps involved from the first neighbourhood residents meeting to Ontario Municipal Board approval of the District. The chart sets target dates for completion of each stage of the process but it is important to note that these are targets only. 2002 2003 2004 20(1 3rd 4[11 rt 21 d 3' j 4111 1" 211d 3'" 4th Olr Olr Olr. Olr Olr Olr Olr Otr Otr. :ltr. Olr. Neighbourhood Public ./ Information Centre Study Area By-Law ./ Appointment of District Steering ./ Committee Selection of Consultant ./ Heritage Conservation District Study Neighbourhood Public ./ Information Centre District Steering Committee ./ Review LACAC Recommendation to ./ Council Council Approval of Heritage ./ District Study Heritage Conservation District Guidelines Neighbourhood Public ./ Information Centre District Steering Committee ./ Review Council Approval of ./ Designation By-law Ontario Municipal Board ./ Hearing 629 , REPORT NO.:PSD-048-02 PAGE 9 4.0 CONCLUSION Clarington's position at the eastern edge of the Greater Toronto Area has been beneficial to its preservation of built heritage as redevelopment pressure in this municipality has not been as intense as it has been in those further west. The Municipality inventory of heritage resources currently lists 706 individual properties. One hundred and ninety-eight are located within the Bowmanville urban area. Approximately one half of these are concentrated in the area proposed for District designation. Of this one half, seven properties have been formally designated under Part IV of the Ontario Heritage Act. The designation of a Heritage Conservation District in Bowmanville will not only serve to recognize and protect the area so designated, it will guide change within the neighbourhood and indicate to residents and visitors alike the municipality's commitment to maintain the community's unique character. The Clarington LACAC has been advised of the request from the OBNA and is in support of proceeding through the process. Staff are also in support of the project and will be arranging a neighbourhood meeting in June to determine all stakeholders interests. Attachments: Attachment 1- Attachment 2 - Key Map Request form OBNA Interested parties to be advised of Council's decision: Bill Humber, Chair Old Bowmanville Neighbourhood Association 15 Beech Avenue BOWMANVILLE, Ontario L lC 3Al Mavis Carlton, Chair Local Architectural Conservation Advisory Committee Planning Services Department 40 Temperance Street BOWMANVILLE, Ontario L lC 3A6 630 '. (J UJ OCKAVE. I ---' H v "'-- [:>;- I /'1 L: ~ 1--8,.---, Ie--"'~ IL--Iii I-- "- "- <:> o -C~ --- ~ ROTARY PARK - I '" 0.. f--- W !? '# '" Sl.?<,~ ATTACHMENT 1 ~ I ///\ STREET /~-( ~ 7 /1:1 '\ /l1 _K"'J> ~ '" r---.)-- ODELL ST. -I X~I --.i. BORLAND - '--- \\ h~ ~~ 1 II '"\. - - - - - - - - - - - - - - FIRST I 1- f- J~ ODELL ST. .~ II / -./ //- ~ SAUNDERS AVENUE / .~ rJ!j' tr ~-i'~ $ ~'Z~ t;;;' ..o~ "'C';""'f~ 'Yc:eiv .. t ~ '" {lot, G' ~ tY S~ 6' ~~ ~ C,yV-?, ~SJ- ,#0 C,y ~,{lot, ?2 G''Y// ~ y/ ~SJ- f COURT Qv~ <'-V &<904, ""~O~"h_ & 'f' --e "'-1< ~ <<" Iv. Oq.. ~h # <t" ~v0 :J.rJ... ~ "':'V, /' 'i7" ~S / '"1"0 "/It: CONCESSION iF:= WEST r-- r- STREET ~W ClAR/NGTON ~ ='-r- " BEECH '5! ;--I-L- A' CENTRE .. J: t;; frl~ ~ W .... m UJ I f-- f-- r- I-- f-- ~- ~ '" T f---- LOWE ST~REET W H LOVER'S l LANE e-- E== Q ~ h L,.-- f-. f----, rSMI}S~ 11L~A1fifl~EIRI~1 ~ tr " 'I W LIBERTY PLAC - I"-. 11111- Js.'~~~ I 1I1I111 == ~-VG' >() CARLISLE AVENUE- ?'O-V~~ II 111I11111I1111111 #0 S~<,~ ~~)j ~ o~ g ~ ~ <:J == ==:f S~ ~~ & 8' (f - <: f -%- o - - .~ ::r::: 'I~~-- &< 't' -- ~lP~ ~~~r ~ ~ ~ CHUR #6 "(IlL; ~l - - t ~ '" / ~?i: ( ~~~ ~/A.~ ,.&:;Y JIm.- KIN I I Area requested as a Heritage Conservation District 631 , ATTACHMENT 2 I: ~ Ou, B')\\~L'_" '111 NTIl;HH(J\ "rule,,!) A'SOCL\T10:-; .J 11 october 2001 W.1E~lETI\\r[~ I 0 ell 5 20U1 : ! . IMUI\JI~!;~:L::,:. 1:~~~ :Lhr'l:~';~.;:;,i' ;iJ I PLAI~ i ~ II" ':.~.z(\RTf\;i~' :!._ ._J Mr. David Crome Director Planning Services Department Municipality of Clarington 40 Temperance St. Bowmanville, Ontario L1C 3A6 Dear Mr. Crome: I am writing on behalf of the Old Bowmanville Neighbourhood Association to formally request that the Municipality of Clarington begin the process leading to the designation of the Old Bowmanville Neighbourhood as a Heritage Conservation District, recognizing that this a multi-step process encompassing public notification, a bylaw initiating the process, a comprehensive study of the area by staff and residents alike, a further definition of the area to be designated, and ratification through the Ontario Municipal Board. We request as well that the Municipality introduce an interim control bylaw both to support the objectives of this proposal and to provide measures to protect the area from actions harmful to the intent of this process. To provide maximum flexibility we propose that the studied area include those areas contiguous to the Old Bowmanville Neighbourhood (which has been defined as the area bound by Concession Street West, Liberty Street and Wellington Street) whose character conforms to the nature of the neighbourhood. I thank you for your attention to this matter and look forward to further direction from your office. Yours sincerely, ~ C": -- William Humber Chair, Old Bowmanville Neighbourhood Association 1') Beech Ave. Bowmanvllle. Ont. L1C3Al Phone: 905-623-2872 652