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HomeMy WebLinkAboutPLN 24-18DICKERING Report to Planning & Development Committee Report Number: PLN 24-18 Date: September 11, 2018 From: Kyle Bentley Director, City Development & CBO Subject: Delegation of Council Authority under the Ontario Heritage Act File: A-3300-060 Recommendation: 1. That Council approve and enact a Delegation of Council Authority By-law to consent/grant heritage permits for the alteration of designated properties as set out in Appendix I to Report PLN 24-18; 2. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: The purpose of this report is to obtain Council's approval to delegate Council's approval authority to consent/grant heritage permits for the alterations of designated properties under the Ontario Heritage Act to the Director, City Development & CBO or designate. The Ontario Heritage Act gives municipalities the authority to delegate by by-law, the power to consent to alterations to designated properties to municipal staff. In order to implement this policy in accordance with the Ontario Heritage Act, Council must pass a by-law outlining the scope of the delegated authority. Prior to passing the by-law, Council must consult with the municipal heritage committee. The draft by-law is attached as Appendix I and is recommended for Council enactment. Financial Implications: The recommendations of this report do not present any financial implications. 1. Discussion Alterations to heritage properties designated under Part IV (individual designation) or Part V (Heritage Conservation District designation) of the Ontario Heritage Act require a heritage permit application. The Ontario Heritage Act requires that all alterations affecting designated properties require Council approval and consultation with the Heritage Pickering Advisory Committee ("Heritage•Pickering")within 90 days. Notwithstanding, the Ontario Heritage Act does give municipalities the authority to delegate by by-law, the power to consent to alterations to designated properties to municipal staff. Report PLN 24-18 September 11, 2018 Subject: Delegation of Council Authority under the Ontario Heritage Act Page 2 The Whitevale Heritage Conservation District Plan ("HCD Plan") and HCD Guide, endorsed by Council, provides sample permit approval processes for different types works for properties located in the HCD. For minor works that meets the HCD Plan and Guide, such as roofing and window replacement and construction of garages in the rear yard, the HCD Guide recommends that approval is given at a staff level for a faster, more streamlined approval process with an estimated processing time of 1 to 2 weeks. For major works, such as constructing a new building or an addition to a heritage building, the HCD Guide recommends that the application is presented to Heritage Pickering and if there are no concerns, approval is given within 2 to 4 weeks. In instances where planning staff, in consultation with Heritage Pickering, have been unable to resolve concerns with the application, it is referred to Council for consideration. In accordance with the Ontario Heritage Act, Council has 90 days to make a decision. Notwithstanding the sample permit approval processes in the HCD Guide, the current practice is that all heritage permit applications are presented to Heritage Pickering. The application is reviewed by staff in consultation with the City's heritage consultant and a memo is prepared including a recommendation to Heritage Pickering. The application is presented to the Committee at the earliest available meeting, which is generally 4 to 8 weeks after submission. Certain types of applications are referred to Council in accordance with the Ontario Heritage Act, and in consultation with Heritage Pickering: • for individually designated properties, applications for demolition or removal of a building and applications that negatively impact identified heritage attributes of a property • for properties located in the HCD, applications for the erection, demolition or removal of a building or structure and applications that are not consistent with the HCD Plan and Guide Staff recommend that the City formalize authorizing the power to consent/grant heritage permit applications for alterations of properties that are consistent with the HCD Plan and Guide and for the approval of heritage permits for the alterations that are positive or have a neutral impact to individually designated properties. 2. Benefits of a Delegation By-law As noted, the City does not have a by-law that delegates power to consent to alterations to properties designated under.the Ontario Heritage Act to municipal staff. The Ontario Heritage Act gives municipalities the authority to delegate the approval of alterations to municipal staff. Given the benefits, many municipalities across Ontario have passed delegation by-laws. The benefits include: • Improved customer service by streamlining the heritage permit application process: A delegation by-law allows staff to approve heritage permits within a reduced time frame to designated properties found to have a positive or neutral impact, and in the case of a heritage conservation district, comply with the HCD Plan and Guide. Report PLN 24-18 September 11, 2018 Subject: Delegation of Council Authority under the Ontario Heritage Act Page 3 • Improved heritage conservation: Streamlining the heritage permit application processing time encourages property owners to submit applications for work that is not typically triggered by a building permit or development application. The current 90 day approval timeline can discourage applicants who are `shovel ready' and increase unsympathetic 'weekend' alterations. • Makes more efficient use of staff and committee resources: A delegation by-law reduces staff time spent on report preparation, meetings and processing and it frees up time for staff and the Heritage Committee to undertake other heritage initiatives. 3. Consultation with Heritage Pickering Prior to Council passing a by-law outlining the scope of the delegated authority, consultation with the municipal heritage committee is required by the Ontario Heritage Act. Staff and the City's heritage consultant met with Heritage Pickering on two occasions (September 27, 2017 and March 28, 2018) to present the topic of implementing a heritage permit delegation by-law. Heritage Pickering reviewed the benefits of a delegation by-law, discussed processes in other municipalities and the different types of applications that may be delegated to staff for approval. Heritage Pickering supports a by-law to delegate the authority to grant heritage permits for the alterations of designated heritage properties to staff. Staff and Heritage Pickering created a proposed heritage permit review process, as shown in Attachment #1, and a detailed list of heritage permit types (minor heritage permits) that will be delegated to staff was created. This list may be updated over time. Minor heritage permits are small changes to a property that will have a positive or neutral impact on a cultural heritage resource or district as guided by the HCD Plan and Guide. These changes may or may not require a building permit. Examples of minor heritage permits include: • repair, alteration or replacement of exterior building elements, including but not limited to: windows, storm windows, doors, roof finishes, skylights/solar panels, cladding, cornices, decorative architectural features, porches etc. • new signage or the alteration, repair and or removal of existing signage • new lighting or the alteration, repair and or removal of existing lighting • additions to a residential/commercial building (rear, side or dormer) • new garages or secondary structures in the rear yard • new built elements in the landscape including fences or hard landscaping (walkways, driveways, parking pads) • new windows and storm windows • minor revisions to previously approved permits Report PLN 24-18 Subject: Delegation of Council Authority under the Ontario Heritage Act September 11, 2018 Page 4 • work in situations which require emergency repair and/or considered to be Health and Safety issues by the Chief Building Official Major Heritage Permits, as deemed significant by the Director, are defined as larger scale exterior alterations and/or additions to a property that may be a major impact on the cultural heritage value of the property or District, and other works requiring a building permit or Council approval under the Planning Act or the Ontario Heritage Act. These applications will be forwarded to Heritage Pickering for consultation and referred to Council for consideration. Examples of major heritage permits include: • construction of a new building or structure (primary building) • removal (relocation) of a building • demolition of a building • large additions visible from the street and additions to street facing facades (deemed significant by the Director) Staff will advise Heritage Pickering monthly on any heritage permit applications that have been issued. 4. Staff recommend that the Delegation By-law be enacted by Council It is recommended that the Director, City Development & CBO (or designate) be delegated certain Council authorities respecting the granting of approvals for alterations to designated properties (see Draft By-law, Appendix I). The by-law allows staff the ability to provide approvals of heritage permit applications for minor works within a reduced time frame, which will improve customer service by streamlining the heritage permit application process and encourage property owners to submit applications for work that is not typically triggered by a building. Staff's discretion would be called upon to identify the significance of the heritage permit application. Staff will continue to consult with Heritage Pickering on matters including new development, and any alterations that are not consistent with the HCD or negatively impact identified heritage attributes of a property. Furthermore, major heritage permit applications would require Council approval as directed in the Ontario Heritage Act (demolitions, removal or new buildings) or non-compliant applications and applications deemed significant by staff. Appendix Appendix 1 Draft By-law to Delegate Council Authority under the Ontario Heritage Act Attachment 1. Proposed Heritage Permit Review Process Report PLN 24-18 September 11, 2018 Subject: Delegation of Council Authority under the Ontario Heritage Act Page 5 Prepared By:. Approved/Endorsed By: it L 7•kz-4-1,;k- Cristina elebre, MCIP, RPP Catherine Rose, MCIP, RPP Principal Planner, Development Review ti Nilesh '? rti MCIP, RPP Manager, D. velopment Review & Urban Design CC:Id Chief Planner fL Kyte Bentley, P. Eng., Director, City Development & CBO Recommended for the consideration of Pickering City Council Tony Prevedel, P.Eng. Chief Administrative Officer z7 zof8 Appendix I to Report No. PLN 24-18 Draft By-law to Delegate Council Authority Under the Ontario Heritage Act The Corporation of the 3 of Pickering By -I w o. XX Being a By-law to delegate the authority to consent/grant heritage permits for the alteration of designated heritage properties to the. Director, City Development, or designate. Whereas Subsection 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended ("Municipal Act"), provides that the powers of a municipality under any Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate, and to enhance the municipality's ability to respond to municipal issues; Whereas Section 9 of the Municipal Act provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act or any other Act; Whereas Paragraph 5 of Subsection 11(3) of the Municipal Act provides that a municipality may pass by-laws within the following sphere of jurisdiction: Culture, parks, recreation and heritage; Whereas Sections 23.1 and 23.2 of the Municipal Act authorize a municipality to delegate its powers and duties under the Municipal Act, subject to certain restrictions, to an individual who is an officer, employee or agent of the municipality; Whereas Section 227 of the Municipal Act provides that it is the role of officers and employees of the municipality to implement decisions of the council of a municipality and establish practices and procedures to implement those decisions; Whereas Subsection 33(1) of the Ontario Heritage Act, R.S.O. 1990, c. 0.18, as amended ("Ontario Heritage Act"), authorizes the council of a municipality to make decisions in respect to the consent of alterations of property designated under Part IV of the Ontario Heritage Act; Whereas Subsections 33(15) and 33(16) of the Ontario Heritage Act, authorizes the council of a municipality to delegate by by-law the power to consent to alterations to property designated under Part IV of the Ontario Heritage Act to an employee or official of the municipality after having consulted with its municipal heritage committee; Whereas Subsections 42(1) and 42(4) of the Ontario.Heritage Act, provides that the council of a municipality may grant permits for the alteration of property located in a heritage conservation district designated under Part V of the Ontario Heritage Act; Whereas Subsections 42(16) and 42(17) of the Ontario Heritage Act, authorizes the council of a municipality to delegate by by-law the power to grant permits for the alteration of property situated in a heritage conservation district designated under Part V of the Ontario Heritage Act to an employee or official of the municipality after having consulted with its municipal heritage committee; D Page 2 And whereas in accordance with Subsections 33(15) and 42(16) of the Ontario Heritage Act, the Council of The Corporation of the City of Pickering has consulted with its municipal heritage committee; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: Part 1 - Definitions For the purposes of this By-law: "Act" means the Ontario Heritage Act, R.S.O. 1990, c. 0.18, as amended from time to time; "Alter". means to change in any manner and includes to restore, renovate, repair, erect or disturb and "alteration" and "altering" have corresponding meanings; "City" means The Corporation of the City of Pickering; "Director" means the person who holds the position of Director, City Development or any successor thereto for the City, or designate; "Council" means the elected Council of the City; "Designated Heritage Property" means a specific property designated by the City to be of cultural heritage value or interest under Part IV or Part V of the Act; "Heritage Conservation District" means a heritage conservation district established under Part V of the Act; "Heritage Permit" means a heritage permit issued by the Director, or designate, under this By-law; "Heritage Pickering Advisory Committee" means the City's municipal heritage committee established pursuant to the Act; "Information" means any information requested by the Director, or designate, and includes, plans, reports or any other documentation requested; "Owner" means the person registered on title.in the proper land registry office as owner. of the Property; "Part IV Property" means a specific property designated under Part IV of the Act; "Part V Property" means a specific property designated under Part V of the Act; "Property" means real property and includes all buildings and structures thereon and includes a cultural heritage landscape. x x Page.3 Part II — Application for Heritage Permit 1. An Owner wishing to obtain a consent to alter a Designated Heritage Property shall submit an application for a Heritage Permit on a form prescribed by the Director and accompanied by the information required therein. Part III — Nature and Scope of Delegation 1. Council hereby delegates to the Director, or his/her designate, all power and authority to: a) grant a Heritage Permit to alter a Designated Heritage Property; and b) refer an application for a Heritage Permit to alter a Designated Heritage Property to the Heritage Pickering Advisory Committee for review. 2. The delegated authority does not include the power and authority to: a) refuse or deny an application for a Heritage Permit. Where the Director would refuse or deny an application for a Heritage Permit, the Director shall advise Council to retain all authority in regards to that application; b) consent to the demolition or removal of a building(s) on a Part IV Property; and c) consent to the erection, demolition or removal a building(s) on a Part V Property. 3. The Director is authorized to undertake all acts necessary to carry out the authority vested in the Director pursuant to this By-law, including affixing his/her signature as required to all documents. 4. Any and all decisions made by the Director regarding applications for a Heritage Permit will be reported to the Heritage Pickering Advisory Committee at the meeting that directly follows the issuance of a Heritage Permit. 5. The Director may request such information as required from the Owner relating to a Heritage Permit. 6. Council retains the authority to request information that it considers necessary that may not have been requested by the Director. 7. The Director has all of the powers that Council has to process Heritage Permits in accordance with the terms of this By-law and to establish any policies, guidelines, practices or procedures necessary to enact the Heritage Permit system in accordance with the terms and intent of this by-law and any decision made by Council pursuant of this by-law. By-law No. XXXX Page 4 8. In situations which require emergency repair and/or are considered to be a health and safety issue by the Chief Building Official, the Director may approve alterations to a Designated Heritage Property without a recommendation from the Heritage Pickering Advisory Committee; however, in doing so, the Director will make the best effort to consult with the Heritage Pickering Advisory Committee Chair and/or Vice Chair prior to the approval of alterations. By-law passed this XX day of XXXX. DRAFT David Ryan, Mayor DRAFT Debbie Shields, City Clerk Heritage Permit Review Process Applicant Consults with Staff Minor Alteration (Part V Property) No Heritage Permit required 4_____ Submission of Heritage Permit Application Notice of Receipt to Applicant Minor Heritage Permit Consult with Heritage Pickering As required by the Director Notice of Decision to Applicant Yes! Start work Noncompliant, application proceeds to Coundl Major Heritage Permit As required under the Ontario Heritage Actor applications deemed significant by the Director 4 Consult with Heritage Pickering Committee a Council Decision Notice of Decision to Applicant