The Corporation of the City of Stratford Planning and Heritage Committee Open Session AGENDA

Transcription

1 The Corporation of the City of Stratford Planning and Heritage Committee Open Session AGENDA Date: Tuesday, November 13, 2018 Time: Location: Committee Present: 7:10 P.M. Council Chamber, City Hall Councillor Ritsma - Chair Presiding, Councillor Ingram - Vice Chair, Mayor Mathieson, Councillor Beatty, Councillor Brown, Councillor Bunting, Councillor Henderson, Councillor Mark, Councillor McManus, Councillor Vassilakos Staff Present: Rob Horne - Chief Administrative Officer, Joan Thomson - City Clerk, Ed Dujlovic - Director of Infrastructure and Development Services, Michael Humble - Director of Corporate Services, Carole Desmeules - Director of Social Services, David St. Louis - Director of Community Services, Jacqueline Mockler - Director of Human Resources, Jeff Leunissen - Manager of Development Services, John Paradis - Fire Chief, Tatiana Dafoe - Deputy Clerk, Mike Beitz - Corporate Communications Lead Pages 1. Call to Order The Chair to call the Meeting to Order. Councillor Clifford provided regrets for this meeting. 2. Disclosure of Pecuniary Interest and the General Nature Thereof The Municipal Conflict of Interest Act requires any member of Council declaring a pecuniary interest and the general nature thereof, where the interest of a member of Council has not been disclosed by reason of the member s absence from the meeting, to disclose the interest at the first open meeting attended by the member of Council and otherwise comply with the Act. Name, Item and General Nature of Pecuniary Interest

2 2 3. Delegations None scheduled. 4. Report of the Heritage Stratford Advisory Committee 4.1 Heritage Stratford Recommendation -Intent to Designate- 24 Glastonbury Drive, the former fairground gates, under Part IV, Section 29 of the Ontario Heritage Act (PLA18-025) 3-13 Motion by Staff Recommendation: Support of the Heritage Stratford September 11, 2018 resolution as follows, and acknowledging that the requirements for designation under Part IV, Section 29 of the Ontario Heritage Act have been satisfied: THAT City Council issue a notice of intention to designate the entrance of the old Stratford Fairgrounds, specifically the fieldstone gates, gate posts, and pylon, including the flagpole and commemorative plaque under Part IV, Section 29 of the Ontario Heritage Act. 5. Report of the Chief Building Official 5.1 Demolition Control By-law (PLA18-026) Adjournment Motion by Staff Recommendation: THAT Council receive this report and refer the draft By-law to staff to consult with stakeholders and the public, and to return to Council with a by-law for adoption no later than February Meeting Start Time: Meeting End Time: Motion by Committee Decision: THAT the Planning and Heritage Committee meeting adjourn.

3 3 Infrastructure and Development Services Department MANAGEMENT REPORT Date: November 13, 2018 To: Planning and Heritage Committee From: Heritage Stratford Advisory Committee Report#: PLA Attachments: None Title: Heritage Stratford Recommendation -Intent to Designate- 24 Glastonbury Drive, the former fairground gates, under Part IV, Section 29 of the Ontario Heritage Act Objective: To provide a recommendation to the Planning and Heritage Committee regarding the proposed intent to designate the former fairground gates under Part IV, Section 29 of the Ontario Heritage Act. Background: On September 11, 2018, Heritage Stratford resolved the following: That City Council issue a notice of intention to designate the entrance of the old Stratford Fairgrounds, specifically the fieldstone gates, gate posts and pylon, including the flagpole and commemorative plaque under Part IV, Section 29 of the Ontario Heritage Act for the reasons set out in this report. Heritage Stratford took this action in response to a 2012 request from the Stratford-Perth Archives requesting that Heritage Stratford Committee recommend to Council that the entrance way to the former Stratford Fairgrounds be designated under Part IV of the Ontario Heritage Act. The request included the fieldstone gates and posts, the fieldstone pylon holding a flag pole and commemorative plaque, and an area around these features. The Archives provided Heritage Stratford Committee with an archival report on the gates, posts and pylon, potential reasons for designation and suggested wording for the designation plaque. Heritage Stratford has reviewed the information provided by the Archives and assessed the request in accordance with the Ontario Heritage Act and Regulations and the Official Plan. There was a delay in formally passing a resolution to support designation of the former Stratford Fairground lands as the Ontario Heritage Act requires a legal description of the Page 1

4 4 lands proposed to be designated, and the preparation of a reference plan was being coordinated with other City matters. Location The subject lands are located on the west side of the roundabout on Churchill Circle abutting Britannia Street and Glastonbury Drive and are known municipally as 24 Glastonbury Drive and are legally described as Part Lot 3, Concession 1 (Geographic Township of Ellice) in the City of Stratford, Part 1 on Reference Plan 44R Location Map Page 2

5 5 Property History The Stratford Agricultural Society, founded in 1841, played an important role in the establishment and subsequent operation of the Fairgrounds. The initial members of the Society included prominent citizens J.E. Linton, William Jackson, Alex McDonald, and William Smith. The Society has operated continually since The Society held its first exhibition on October 14, 1842 on lands that are now Memorial Park on Ontario Street. In 1878, the Society acquired the former Stratford Fairgrounds property as the home for the annual Fair. In 1901, the Society sold the property to developers, and looked for a new property closer to the city centre. After several years of holding events at a variety of locations, the Society re-acquired the property in The Society marked its centennial in 1941 and this milestone was celebrated at the 1941 Stratford Fair, which was opened by Ontario Premier the Honourable Mitchell F. Hepburn. That year, the City gave the Society approval to beautify the entrance to the Fairgrounds. However, due to wartime constraints, no work was undertaken at that time. Post-war, the Society determined to establish a permanent memorial to its centennial year, and in 1947 proposed the erection of stone gates, posts and a stone pylon at the entrance to the Fairgrounds. The project was deferred until 1948 when the City finalized plans for construction of residential housing in the area neighbouring the Fairgrounds. The fieldstone gates, posts and pylon were constructed by Emil Lassung of Stratford in The pylon and commemorative plaque were unveiled at the Stratford Fair on September 21, On September 18, 1948, the Beacon Herald had the following description of the gates and pylon: Of stone construction, the pylon stands just inside the new entrance gates to the exhibition grounds and is surrounded by a cement walk. On the base which is 16 feet by 12 feet by 5 feet high, there is mounted a bronze plaque and flagpole. A grant for the pylon was given by the Ontario Department of Agriculture in recognition to the fair s 100 years of service to the community. Fine Stone Entrance Visitors to the fair will find the main approach to the exhibition grounds entirely changed with new stone entrances and the pylon. A drinking fountain has also been installed near the entrance. The Stratford Fairgrounds served the City and the local agricultural community in a variety of roles until 2007 when the Stratford Rotary Complex was opened. The entrance to the former Fairgrounds is located on what is now Churchill Circle, at the intersection of Glastonbury Drive and Britannia Street, in a residential area. Page 3

6 6 The proposed designation covers the fieldstone entry gates, the fieldstone gate posts, and the fieldstone pylon with flag pole and commemorative plaque, and an area of approximately 2,632 square meters surrounding these features. Analysis: Buildings, structures, and landscapes may be designated under Part IV of the Ontario Heritage Act if they meet one of the following criteria (Ontario Regulation 9/06): 1. The property has design value or physical value because it, I. is a rare, unique, representative or early example of a style, type, expression, material or construction method, II. displays a high degree of craftsmanship or artistic merit, or III. demonstrates a high degree of technical or scientific achievement. 2. The property has historical value or associative value because it, I. has direct associations with a theme, event, belief, person, activity, organization or institution that is significant to a community, II. yields, or has the potential to yield, information that contributes to an understanding of the community or culture, or III. demonstrates or reflects the works or ideas of an architect, artist, builder, designer or theorist who is significant to a community. 3. The property has contextual value because it, I. is important in defining, maintaining or supporting the character of an area, II. is physically, functionally, visually or historically linked to its surrounding, or III. is a landmark. The building, structure or landscape need only satisfy one of the above criteria to be designated under Part IV of the Act. When putting forward a property for designation under the Ontario Heritage Act, there are four pieces of information required and they are: Description of the property; Statement of Cultural Value or Interest; Description of Heritage Attribute; and Legal Description. The Ontario Heritage Tool Kit provides examples of how a Description and Statement should be written (See Page 5). Page 4

7 7 Prior to designating a property under the Ontario Heritage Act, Council must pass a motion to proceed to designate the property. Council must also notify the property owner and the Ontario Heritage Trust. Notice of Intent to Designate must be published in a local newspaper. If no objections to the Notice are received after 30 days, Council may proceed to pass a by-law designating the property. The process to designate a property under Part IV is shown on Page 6. Page 5

8 8 Official Plan Criteria Section of the Stratford Official Plan sets out additional criteria for designation: i) The City shall continue to designate by by-law individual properties and groups of properties, as well as cultural heritage landscapes, pursuant to the provisions of the Ontario Heritage Act utilizing criteria for determining heritage value or Page 6

9 9 interest established by provincial regulation under the Ontario Heritage Act and the following municipal criteria: a) prehistoric and historical associations with a theme of human history that is representative of cultural processes in the settlement, development and use of land in the City; b) prehistoric and historical associations with the life and activities of a person, group, institution or organization that has made a significant contribution to the City; c) architectural, engineering, landscape design, physical, craft and/or artistic value; d) scenic amenity with associated views and vistas that provide a recognizable sense of position or place; e) contextual value in defining the historical, visual, scenic, physical and functional character of an area; and, f) landmark value. Statement of Cultural Value or Interest The gates, posts, and pylon also serve as a permanent monument to the Stratford Agriculture Society which for 177 years has represented the agricultural community of the area and has been, and continues to be, an integral part to the overall culture and heritage of Stratford. The Stratford Fairgrounds was an important cultural feature for Stratford and the surrounding agricultural community for 130 years, hosting the annual Stratford Fair and numerous other events. With the forthcoming development of the Fairgrounds for residential housing, the entrance gates, posts, pylon and surrounding area will be the only remaining evidence of the Fairgrounds and their significance to the history and development of the City and area. Description of Heritage Attributes The specific heritage attributes of the property are the fieldstone gates, gate posts, and pylon, erected by a local mason with square beaded mortaring, and excellent examples of this method of construction, and the commemorative plaque and flagpole attached to the pylon. The pylon and plaque commemorate and honour the work and achievements of the Stratford Agricultural Society. The surrounding grounds are included to ensure future development does not impinge upon these features. Compliance with Designation Criteria The entrance gates, posts, and commemorative pylon and plaque meet the following sections of the Provincial Criteria set out in Regulation 9/06: 2. The property has historical value or associative value because it, Page 7

10 10 I. has direct associations with a theme, event, belief, person, activity, organization or institution that is significant to a community, specifically the Stratford Fair and the Stratford Agricultural Society, II. yields, or has the potential to yield, information that contributes to an understanding of the community or culture, specifically the importance of the Fairgrounds and the Society to the culture and economy of Stratford. 3. The property has contextual value because it, II. is physically, functionally, visually or historically linked to its surrounding, specifically it is historically linked to the Fairgrounds, III. is a landmark, specifically it is the last remaining physical element of the former Fairgrounds. The entrance gates, gate posts, pylon and plaque also meet the following criteria outlines within Section i) of the Stratford Official Plan: a) prehistoric and historical associations with a theme of human history that is representative of cultural processes in the settlement, development and use of land in the City, specifically the role of the area agricultural community and associations in the development of the City; b) prehistoric and historical associations with the life and activities of a person, group, institution or organization that has made a significant contribution to the City, specifically the Stratford Agricultural Society; c) architectural, engineering, landscape design, physical, craft and/or artistic value, specifically the fieldstone construction with square beaded mortaring as representative of a historical style; e) contextual value in defining the historical, visual, scenic, physical and functional character of an area, specifically the historical and functional importance of the Stratford Fairgrounds; and, f) landmark value, specifically preserving the last physical evidence of the Stratford Fairgrounds. Public Comments Should public comments be received in response to the Intention to Designate, all responses will be submitted to Council for consideration. Page 8

11 11 Photographs Page 9

12 12 Proposed Plaque Wording: An excellent example of fieldstone construction with square beaded mortaring dedicated in 1948 to commemorate the 1941 Centennial of the Stratford Agricultural Society Financial Impact: All costs associated with the designation are within an existing budget. Staff Recommendation: Support of the Heritage Stratford September 11, 2018 resolution as follows, and acknowledging that the requirements for designation under Part IV, Section 29 of the Ontario Heritage Act have been satisfied: THAT City Council issue a notice of intention to designate the entrance of the old Stratford Fairgrounds, specifically the fieldstone gates, gate posts, and pylon, including the flagpole and commemorative plaque under Part IV, Section 29 of the Ontario Heritage Act. Jeff Leunissen, Manager of Development Services Page 10

13 13 Ed Dujlovic, Director of Infrastructure & Development Services Rob Horne, Chief Administrative Officer Page 11

14 14 Infrastructure and Development Services Department MANAGEMENT REPORT Date: November 13, 2018 To: Planning and Heritage Committee From: Jonathan DeWeerd, Chief Building Official Report#: PLA Attachments: Draft Demolition Control By-law Title: Demolition Control By-law Objective: To receive input on a draft Demolition Control By-law and approve a process for consultation with the objective to have a final By-law before Council no later than February Background: At the April 9, 2018 meeting, the current Council resolved the following: THAT staff develop and implement a Demolition Control By-law, to return to Council prior to the 2018 election, which requires submission of plans for redevelopment of a vacant residential, commercial and industrial property within 6 months of a demolition permit. The purpose of Demolition Control By-laws are to give municipal councils some control over the premature demolition of housing stock and ensure that a replacement structures are approved and built within a reasonable time frame. Legislative Framework The Ontario Planning Act gives municipalities the legislative authority to designate an area of the City as a Demolition Control By-law where there is also a Property Standards and Maintenance By-law in effect. The Act limits demolition control By-laws to residential properties. Over the last 5 years, an average of 5.2 dwelling units have been demolished per year. Analysis: Council requested staff consider a demolition control by-law that requires submission of plans for redevelopment for residential, commercial and industrial properties. In accordance with the applicable legislation, only residential properties are proposed to be included in the proposed by-law. Page 1

15 15 Based on a comprehensive review of neighbouring municipalities Demolition Control Bylaws, a By-law that contains the following was drafted for consideration: Designating the entire City of Stratford as a Demolition Control Area; Delegating authority to issue demolition permits for residential properties to the Chief Building Official. Council will have the authority to refuse demolition permits and to issue demolition permits for residential properties designated under the Ontario Heritage Act or listed on the Municipal Heritage Register; Outlining which Development Approvals are to be obtained by the applicant prior to the issuance of the Demolition Permit; Outlining conditions that may be applied to any demolition permit, particularly related to the replacement building construction deadlines and applicable fines; and Defining any permitted exemptions to the By-Law. Staff is recommending that Council receive the draft By-law and direct staff to formally consult with stakeholders (Heritage Stratford, Stratford and Area Builders Association, etc.) and the public prior to adoption. Consultation will include not only content of the by-law but also a process for applications including timeframes and cost. Consultation would commence immediately following receipt of this report and is expected to be completed early in the new year. Staff anticipates a by-law will be submitted for Council s consideration by February This report and the attached drafted By-law has been prepared with input from the City Solicitor. Financial Impact: Staff currently process and collect fees for an average of 5.2 dwelling unit demolition permits each year. There will be some additional cost for permits which are referred to Council for consideration and if a charge has to be placed on the tax levy. It is anticipated that the current fees for Demolition permits will adequately cover the costs for this program; however, staff will monitor resources required to implement this by-law and if additional fees are required, they will be requested as part of the Building Permit annual fee review. Staff Recommendation: THAT Council receive this report and refer the draft Bylaw to staff to consult with stakeholders and the public, and to return to Council with a by-law for adoption no later than February Jonathan DeWeerd, Chief Building Official Page 2

16 16 Ed Dujlovic, Director of Infrastructure and Development Services Rob Horne, Chief Administrative Officer Page 3

17 17 Draft Demolition Control By-law Being a By-law of The Corporation of the City of Stratford pursuant to the Planning Act, R.S.O. 1990, c. P.13, as amended, respecting the designation of an area of demolition control and the requirement for a permit for demolition of residential buildings. WHEREAS authority is given to the Council of The Corporation of the City of Stratford pursuant to Section 33 of the Planning Act, R.S.O. 1990, c. P.13, as amended, to designate as an area of demolition control any area within the City of Stratford to which a standards of maintenance and occupancy by-law under Section 15.1 of the Building Code Act, 1992, S.O c.23 applies; AND WHEREAS Property Standards By-law No prescribes standards of maintenance and occupancy for all properties in the City of Stratford pursuant to Section 15.1 of the Building Code Act, 1992, S.O c. 23; AND WHEREAS authority is given to the Council of The Corporation of the City of Stratford pursuant to Section 33(3) and 33(6) of the Planning Act, R.S.O. 1990, c. P.13, to issue or refuse to issue a permit to demolish a residential property; AND WHEREAS authority is given to the Council of The Corporation of the City of Stratford by Section 23.1 of the Municipal Act, 2001, S.O c.25, as amended, to delegate its powers and duties to any person, subject to the restrictions set out in Sections 23.2 to 23.5, inclusive, of the Municipal Act, 2001; NOW THEREFORE BE IT ENACTED by the Council of The Corporation of the City of Stratford as follows: 1. In this By-law: (a) (b) (c) Act means the Building Code Act, 1992, S.O. 1992, c. 23, as amended. Chief Building Official means the Chief Building Official or his/her delegate appointed by by-law of The Corporation of the City of Stratford under subsection 3(2) of the Act for the purposes of enforcement of the Act. City means the geographic area of the City of Stratford or the municipal corporation, as the context requires;

18 (d) (e) (f) (g) (h) Council means the Council of The Corporation of the City of Stratford; Demolish or Demolition means to do anything in the removal of a building or any material part thereof as defined in Section 1(1) of the Act; Demolition Permit means a document issued by The Corporation of the City of Stratford in accordance with the Act indicating that the person has obtained permission pursuant to this by-law to Demolish a Residential Property; Dwelling Unit means any property that is used or designated for use as a domestic establishment in which one or more persons may sleep and prepare and serve meals; Residential Property means a building that contains one or more dwelling units, but does not include subordinate or accessory buildings the use of which is incidental to the use of the main building; 2. All areas within the boundaries of the City are designated as a demolition control area. 3. No person shall demolish a Residential Property in the City without being issued a Demolition Permit pursuant to the by-law, unless: (a) the demolition of a part of the Residential Property does not reduce the number of Dwelling Units in the Residential Property; (b) the Residential Property is not a permitted use under the current zoning by-law; (c) the Residential Property is owned by the City and the Demolition is required for the imminent implementation of a City capital works project previously approved by Council; (d) the Residential Property is a mobile home; (e) the Residential Property has been found to be unsafe under Section 15.9 of the Act or to be an immediate danger to the health and safety of any person under Section of the Act and a demolition order has been issued under either Section of the Act; (f) the proposed demolition of the Residential Property is necessary to allow for the environmental remediation of the site and completion of a record of site

19 condition as specified by a qualified professional under the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended. (g) the residential property is exempt under any provincial or federal statue. 4. Council hereby delegates its authority under subsections 33(3), 33(6) and 33(7) of the Planning Act to the Chief Building Official with respect to issuing or refusing Demolition Permits for Residential Properties, with the following exceptions: (a) the authority to issue a Demolition Permit for a Residential Property designated under Parts IV or V of the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended; (b) the Chief Building Office deems it appropriate at his/her discretion to refer an application to Council for the issuance or refusal of a demolition permit. 5. A Demolition Permit may be subject to the following conditions: (a) that the applicant for the Demolition Permit has applied for and received a building permit under Section 8 of the Act for a replacement building on the property; (b) that if the replacement building is not erected within two (2) years of the issuance of the Demolition Permit of the existing Residential Property, the City be paid the sum of [Twenty-Thousand ($20,000) Dollars] for each Dwelling Unit Demolished, which sum: i) the City Clerk is authorized to enter on the collector s roll and collect in like manner as municipal taxes; and ii) is a lien or charge on the property until paid; and (c) that the applicant for the Demolition Permit has registered on the title to the property notice of conditions (a) and (b) above in a form satisfactory to the Chief Building Official and City Solicitor. 6. Any person who Demolishes a Residential Property or permits the Demolition of a Residential Property without a Demolition Permit in contravention of this by-law is guilty of an offence and on conviction is liable to a fine of not more than Fifty- Thousand ($50,000) dollars for each Dwelling Unit contained in the Residential Property, the whole or any portion of which Residential Property has been Demolished.

20 This by-law shall come into force and effect upon the date of the approval of the set fines pursuant to the Provincial Offences Act, R.S.O. 1990, c. P. 33. READ a FIRST, SECOND and THIRD TIME and FINALLY PASSED this the [X th ] day of [XX], 201[X}. Mayor Daniel B. Mathieson Clerk Joan Thomson g:\building\demolition control by-law\draft by-law.docx