HomeMy WebLinkAboutCS 41-06
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REPORT TO
EXECUTIVE COMMITTEE
~~ 16
Report Number: CS 41-06
Date: July 24, 2006
From:
Gillis A. Paterson
Director, Corporate Services & Treasurer
Subject:
Heritage Permit Applications
- Submission under the Ontario Heritage Act
Recommendation:
1. That Report CS 41-06 of the Director, Corporate Services & Treasurer be
received;
2. That the processing of Heritage Permit Applications, as outlined in this report
be approved; and
3. That the appropriate officials of the City of Pickering be given authority to give
effect thereto.
Executive Summary:
Due to recent requests, it has become apparent that a formal process and application
form(s) is required to be implemented in order to facilitate the processing of requests for
alterations, additions or demolition of heritage buildings and/or alteration, addition,
demolition or erection of a building in a Heritage Conservation District.
Financial Implications: None at this time. However, depending on the number of
applications that the City receives and/or the level of complexity of the heritage request,
there may be financial implications in the future if an independent consultant is required
to review any subject applications. This matter will be reviewed and if deemed
necessary, a further report provided in this regard.
Background: The Ontario Heritage Act provides a framework within which
municipalities can ensure the conservation of properties of cultural, and/or heritage
value or interest. Designation of heritage properties provides a process for ensuring
that their value is conserved over time.
21 ,~
Report CS 41-06
Date: July 24, 2006
Subject: Heritage Permit Applications
Page 2
Alterations to DesiQnated Properties
Under Section 33 of the Ontario Heritage Act no owner of property designated under
Section 29 of the Act shall alter the property or permit the alteration of the property if
the alteration is likely to affect the property's heritage attributes, as set out in the
designation by-law. If the owner of a designated property wishes to make alterations to
the property that affect the properties heritage attributes, the owner must obtain written
consent from Council. This applies to the alterations of buildings or structures of the
designated property, as well as other aspects of the property, such as landscape
features.
In order to facilitate the processing of requests, it is recommended that a formal permit
application(s) be implemented, which would provide for a streamlined, cooperative
process. The property owner would submit the application for the proposed work to the
City Clerk and in turn, the City Clerk would forward the application for formal comments
to Heritage Pickering and the Planning & Development Department. As part of this
process, the Clerks Division would assign a Permit Application Number and note on the
application form the property register number. Under Section 27 of the Ontario
Heritage Act, the City Clerk is required to keep a register of property that is of cultural
heritage value or interest. It is anticipated that the owner would receive advice and
guidance from Heritage Pickering and/or municipal staff as part of this process. A
permit application also ensures that the Council decision is made within the specified
timeframe of the Ontario Heritage Act.
Upon review of comments received, the application would then be presented to Council
for direction as Council has the final authority on heritage permit applications, unless
this power has been delegated to municipal staff.
A flowchart outlining this process has been included as Attachment #1 to this report and
provides a detailed overview of the process that the City is required to follow under the
Ontario Heritage Act.
Demolition or Removal of Structure
As of April 2005, Council has the power under Section 34 of the Act, to prevent the
demolition of a building or structure on a heritage property. If the owner of a designated
property wishes to demolish or remove a building or structure, the owner must obtain
written consent from Council.
As noted previously with respect to the processing of requests for alterations to
designated properties, it is recommended that a formal permit application also be
implemented for the handling of requests for demolition or removal of a designated
heritage structure. A joint Heritage Permit Application form has been developed for use
under Section 33 & 34 of the Act. This again provides a formal, streamlined process for
not only applicants, but also HeritaQe PickerinQ and municipal staff.
Report CS 41-06
Date: July 24, 2006
?13
Subject: Heritage Permit Applications
Page 3
A flowchart outlining this process has been included as Attachment #2 to this report and
provides a detailed overview of the process that the City is required to follow under the
Ontario Heritage Act.
HeritaQe Conservation District
Section 42 of the Ontario Heritage Act gives municipalities the power to decide whether
alteration, new construction or demolition can take place within a designed Heritage
Conservation District. Under the Act, property owners are not required to submit a
permit for carrying out 'minor alterations' as described in the district plan or for interior
alterations, except for property specifically designated under Part IV of the Act, where
interior features are including within the designation by-law. Property owners wishing to
demolish or remove buildings or structures on their property, or make alterations to the
property are not exempted in a Heritage Conservation District and must apply to the
municipality for a permit. Property owners are also required to apply for a permit before
they can erect any new building or structure on the property.
Each municipality can determine what information will be required on a permit
application. Once a complete permit application has been received, the City must
formally acknowledge receipt to the property owner and we then have 90 days to grant
or refuse the permit. The municipality must consult with the Municipal Heritage
Committee (ie: Heritage Pickering) before making any decision on an application in this
regard. A property owner can appeal municipal council's decision to refuse a permit or
to grant a permit subject to terms and conditions of the Ontario Municipal Board.
As noted previously within this report, it is recommended that a formal permit
application also be implemented for the handling of requests for demolition or removal
of a designated heritage structure under Section 42 of the Act. This again provides a
formal, streamlined process for not only applicants, but Heritage Pickering and
municipal staff.
In summary, the Chair of Heritage Pickering, the Director, Planning & Development and
the Chief Building Official were all consulted with respect to the permit application(s)
and the need for an established process to be implemented. All concurred with the
approach to be taken in this regard. It should be noted that two permit applications
have been developed, one for a designated heritage property under Section 33 & 34
and one under Section 42, Heritage Conservation District. Both applications have been
included as Attachment #3 and #4 to this report.
Attachments:
1. Flowchart for Alteration of Property under Section 33 of the Ontario Heritage Act
2. Flowchart for Demolition or Removal of Structure under Section 34 of the Ontario
Heritage Act
~ 1RJport CS 41-06
Date: July 24, 2006
Subject: Heritage Permit Applications
Page 4
3. Heritage Permit Application under Section 33 and 34 of the Ontario Heritage Act
4. Heritage Permit Application under Section 42 of the Ontario Heritage Act
Prepared By:
Approved/Endorsed By:
l
Debi A. Bentley
City Clerk
DB:lb
Attachments
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering City Council
(Section 33 of the Ontario Heritage AlwrACHMENT It
TO REPORT # aTf {
CounciVdelegate
Decision"
within 90 days:
Consent to
application?
Notice of Decision to Refuse
1 . Served on property owner
2. Published in newspaper [if CRB
hearing has taken place)
Property owner objection
within 30 days?
Property cannot be altered
)
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Notice of Decision to Consent
[including any terms and
conditions):
1 . Served on property owner
2. Published in newspaper [if CRB
hearing has taken place)
Property can be altered
(in accordance with any terms
and conditions)
Property owner objection
to terms and conditions
within 30 days?
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CRB hearing and report
CounciVdelegate considers
CRB Report
Notice of Decision to Refuse
1 . Served on property owner
2. Published in newspaper
Property cannot be altered)
* Council/delegate decision final where CRB hearing has taken place
Designating Heritage PrDperties · Appendix: Flowcharts
Council/delegate considers
CRB Report
Objection referred to
CRB for hearing
Notice of Decision to Consent
(including any terms and
conditions! :
1. Served on property owner
2. Published in newspaper
Property can be altered
[in accordance with any terms
and conditions)
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AITACHMENT # ;(
[Section 34, 34.1 & 34.3 of the Ontario Heritage ct
Notice of Decision to Refuse:
1 . Served on property owner
2. Served on OHT
3. Published in newspaper
Property owner appeal
within 30 days?
Structure cannot be
demolished!removed
Notice of Decision to Consent
[including any terms and
conditions) :
1. Served on property owner
2. Served on OHT
3. Published in newspaper
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OMB Hearing
OMB orders municipality
to consent to application
and specifies any terms
and conditions
Structure can be demolished!
removed (in accordance with
any terms and conditions)
Property owner appeal
o!,tierms and conditions
. within 30 days?
DMB Decision:
Dismiss appeal?
OMB orders municipality
to consent to application
and specifies any terms
and conditions
Structure can be demolished!
removed (in accordance with
any terms and conditions)
Repeal or amendment of bylaw)
* Failure of council to notify the owner within 90 days shall be deemed consent.
Designating Heritage PrDperties · Appendix: Flowcharts
HERITAGE PERMIT
APPLICATION
UNDER THE ONTARIO HERITAGE
ACT
cs
ATTACHMENT # 3 TO REPORT #~
Pickering Civic Complex
One the Esplanade
Pickering, Ontario
Canada
L 1V 6K7
Direct Access 905.420.4660
cltyo piC ering.com
CORPORATE SERVICES DEPARTMENT
Clerk's Division
Division 905.420.4611
Fascimile 905.420.9685
clerks@citv.pickerinq.on.ca
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IDATEFLæI
¡APPLICATION NO:
The undersigned hereby applies to The Corporation of the City of Pickering pursuant to Section 33 and 34 of The
Ontario Heritage Act, RSO 1990, c.18for alteration, addition, demolition or removal of structure to the designated
property described in this application.
1. NAME OF OWNER
ADDRESS OF OWNER
POSTAL CODE
TELEPHONE NO.
EMAIL:
2. LOCATION OF PROPERTY:
ADDRESS:
LOT NO.
REGISTERED PLAN NO.
3. NAME OF AGENT (IF ANY):
ADDRESS:
POSTAL CODE
TELEPHONE NO.
4. FULL DESCRIPTION OF ALL PROPOSED WORK
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City of Pickering Application for Alteration or Addition to a Designated Property Page 2
5. EXISTING TOTAL FLOOR AREA:
6. EXISTING USE OF PROPERTY:
7. PROPOSED AREA OF ADDITIONS ON ALL FLOORS:
8. PROPOSED USE OF PROPERTY:
9. CONSTRUCTION DRAWINGS, SKETCH PLANS, SCALE DRAWINGS:
Please attach drawings of the proposed alterations and additions. The applicant may
also submit a sketch of any alterations made over a photograph.
Drawings must be to scale and indicate the existing building and proposed additions, including:
a) overall dimensions;
b) specific sizes of building elements (signs, windows, awnings etc.)
c) detail information including trim, siding, mouldings, etc.
d) materials to be used
10. OTHER INFORMATION: You may provide other written information or documents
supporting your proposal for the City's consideration.
11. PHOTOGRAPHS: Photographs of the building including general photos of the property,
the streetscape in which the property is located, the facing streetscape, and if the
property is located at an intersection, all four corners. Photos of the specific areas that
may be affected by the proposed change or alteration assist the City with the review of
the application,
12. PROFESSIONAL ASSISTANCE: Although it is not a requirement to obtain professional
assistance in the preparation of this information, the applicant may wish to seek such
assistance from an architect, architectural technologist, preservation specialist, or others
familiar with the unique requirements of designated heritage buildings.
13. BUILDING CODES AND BY-LAWS: This application concerns heritage approval only.
It is not a buildinQ permit application. It is the applicant's responsibility to apply for and
obtain a building permit prior to undertaking any construction.
14. OTHER APPLICATIONS:
Do you have any concurrent applications (ie: Committee of Adjustment) YES NO
15.
IF YES, PLEASE LIST:
TO BE COMPLETED BY CITY STAFF:
Designated Property: YES
Designation By-law No: YES
NO
NO
SIGNATURE OF OWNER(S)
SIGNATURE OF AGENT
Please note: Notice of Receipt will be forwarded to you by the City Clerk. Notice of Collection: Municipal
Freedom of Information and Protection of Personal Privacy Act Personal Information is collected under the authority
of the Planning Act, R,S,O, 1990 as amended, and will be used to assist in making a decision on this matter. All
names, addresses, opinions and comments will be made available for public disclosure. Questions regarding this
collection should be forwarded to the City Clerk, Civic Complex, One the Esplanade, Pickering, L 1V 6K7,
905.420.4660, ext. 2153,
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HERITAGE PERMIT
APPLICATION
UNDER THE ONTARIO HERITAGE
ACT
CORPORATE SERVICES DEPARTMENT
Clerk's Division
Division 905.420.4611
Fascimile 905.420.9685
clerks@citV,pickerinQ.on.ca
ne e sp ana e
Pickering, Ontario
Canada
L 1V 6K7
Direct Access 99905.420.4660
cltyo piC ering,com
IDATEALmI
¡APPLICATION NO:
The undersigned hereby applies to The Corporation of the City of Pickering pursuant to Section 42 of The Ontario
Heritage Act, RSO 1990, c. 18 for alteration, addition, demolition or erection of a building in a Heritage
Conservation District.
1. NAME OF OWNER
ADDRESS OF OWNER
POSTAL CODE
TELEPHONE NO.
EMAIL:
2. LOCATION OF PROPERTY:
ADDRESS:
LOT NO.
REGISTERED PLAN NO.
3. NAME OF AGENT (IF ANY):
ADDRESS:
POSTAL CODE
TELEPHONE NO.
4. FULL DESCRIPTION OF ALL PROPOSED WORK
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City of Pickering Application for Alteration or Addition to a Designated Property Page 2
5. EXISTING AND PROPOSED TOTAL FLOOR AREA:
6. EXISTING USE OF PROPERTY:
7. PROPOSED USE OF PROPERTY:
8. CONSTRUCTION DRAWINGS, SKETCH PLANS, SCALE DRAWINGS:
Please attach drawings of the proposed construction. The applicant may also submit a
sketch of any alterations made over a photograph,
Drawings must be to scale and indicate the existing building and proposed additions, including:
a) overall dimensions;
b) specific sizes of building elements (signs, windows, awnings etc.)
c) detail information including trim, siding, mouldings, etc.
d) materials to be used
10. OTHER INFORMATION: You may provide other written information or documents
supporting your proposal for the City's consideration.
11. PHOTOGRAPHS: Photographs of the building including general photos of the property,
the streetscape in which the property is located, the facing streetscape, and if the
property is located at an intersection, all four corners. Photos of the specific areas that
may be affected by the proposed change or alteration assist the City with the review of
the application.
12. PROFESSIONAL ASSISTANCE: Although it is not a requirement to obtain professional
assistance in the preparation of this information, the applicant may wish to seek such
assistance from an architect, architectural technologist, preservation specialist, or others
familiar with the unique requirements of designated heritage buildings.
13. BUILDING CODES AND BY-LAWS: This application concerns heritage approval only.
It is not a buildinQ permit application. It is the applicant's responsibility to apply for and
obtain a building permit prior to undertaking any construction.
14. OTHER APPLICATIONS:
Do you have any concurrent applications (ie: Committee of Adjustment) YES NO
IF YES, PLEASE LIST:
SIGNATURE OF OWNER(S)
SIGNATURE OF AGENT
Please note: Notice of Receipt will be forwarded to you by the City Clerk. Notice of Collection:
Municipal Freedom of Information and Protection of Personal Privacy Act Personal Information is
collected under the authority of the Planning Act, R.S.O. 1990 as amended, and will be used to assist in
making a decision on this matter. All names, addresses, opinions and comments will be made available
for public disclosure. Questions regarding this collection should be forwarded to the City Clerk, Civic
Complex, One the Esplanade, Pickering, L 1V 6K7, 905.420.4660, ext. 2153.