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HomeMy WebLinkAboutCS 41-06 Ciú/ o~ 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 ) ". t I I ! í I -- 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? ~" 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) .; ,),;) i:, I~ \ '11 i. f) .~ (; 1-. J. i I ~ 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 ~ 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 :¡ t)~, (. ,'. j," 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 ;, i) '1 " . ...} t.....' \...0' 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, :> ~) /1 .' . t 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 "', ( .,! : '. ()!"" I, >.. ~ ) 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.