Information Package Individual Heritage Property Designation

Transcription

1 Information Package Individual Heritage Property Designation August 2013

2 Table of Contents Page 1.0 Introduction Commonly Asked Questions The Process to Designate a Property Alteration or Addition to a Designated Property Demolition of Relocation of a Designated Property What are the Benefits of Designation? Designation Myths Clarified Sample of Ajax s Designated Properties 12 Application for Heritage Designation 14 Page 2 of 15

3 1.0 Introduction Do you own an architecturally, historically or culturally unique home in the Town of Ajax? Are you interested in learning more about how to designate your property as a property of cultural heritage value or interest? The Town of Ajax and the Ajax Heritage Advisory Committee (HAC) invite you to participate in the heritage designation process by learning more through reading this Information Package or by speaking with staff from the Planning and Development Department at the Town: Christy Chrus, MCIP, RPP Senior Planner Town of Ajax 65 Harwood Ave S, Ajax ON L1S 2H9 Ph: Ext Fax: christy.chrus@ajax.ca The process to designate a property of cultural heritage value or interest is enacted by Part IV of the Ontario Heritage Act, R.S.O., 1990, c O. 18, as amended This Act allows municipalities to designate properties within their community that are architecturally significant, historically important or considered culturally unique. Individual heritage designation provides a level of protection and preservation in order to maintain the integrity of the building or property for future generations. The Ontario Heritage Act ensures that a fair, accountable and comprehensive process is undertaken by both the owner and the municipality when designating a property and reviewing applications for alterations, demolition or relocation. Currently the Town of Ajax has 29 properties designated under Part IV of the Ontario Heritage Act and over 140 properties listed in the Town s Heritage Inventory that have the potential to be designated. This demonstrates that there is a significant amount of valuable cultural and heritage resources within this community. Successful conservation efforts can inspire public confidence and pride and develop community support for conservation. Should you consider designation, the Town can offer preliminary advice for restoration measures and for any other historical information that may be desired. The process to designate as well as an application form is provided in this package. Page 3 of 15

4 2.0 Commonly Asked Questions Question 1: Who can request designation? Anyone can request that a property be designated. Council must obtain the advice of its municipal heritage committee on any property proposed for designation. Question 2: What is the process to designate my property as a heritage building? The first step is to contact the Town of Ajax Planning and Development Department in order to get the process initiated. Next you would be asked to fill out an application form which would be circulated to the Heritage Advisory Committee (a volunteer Committee of Council). A Heritage Evaluation Report will be prepared by a heritage consultant who reviews the architectural, historical or cultural significance of your property. There is no cost to you as the Town will cover these expenses. You will be provided with a copy of the findings. The report and a recommendation are presented to Town Council who will then pass a designation by-law if the recommendation is adopted. The by-law is registered on title of your property and a designation and historical bronze plaque will be erected on your property all at the Town s expense. Question 3: Is there any obligation after I fill out the application form? No. This is only the first step in the process and you may refuse designation any time up to 30 days after Town Council passes your by-law. Question 4: Does designation affect the interior of my property? Generally no. Designation only pertains to the exterior of the building. Unless you wish to include any special interior features such as unique crown moulding or an intricate fire mantelpiece. A heritage designation allows for the protection of real property, which may include the building, but also outbuildings, landscaping (trees), ornamental elements, fences or any other important feature of the built environment that is recommended in the Heritage Evaluation Report and by the Heritage Advisory Committee or owner. Question 5: What happens after my property is designated? If you would like to make alterations or additions that affect the exterior appearance of your property, then you will need to complete a Heritage Permit Application at no cost, and consult with Town staff and where necessary, the Heritage Advisory Committee prior to beginning any work. The designation by-law will outline what type of alterations to the property requires Heritage Permit approval. Minor changes such as new or different windows is delegated to staff for approval. Larger projects may require further review and approvals. It is best to speak with staff in the Planning and Development Department first to understand what type of alterations require what type of approvals Page 4 of 15

5 and permits. In some cases, a building permit or even a site plan application may be required with your submission. Almost all external alteration requests have been approved. Question 6: How long does the approval process take? The Ontario Heritage Act stipulates that Council has 90 days to make a decision on a Heritage Permit. However, minor alterations such as new or different windows can be approved within a couple of days if all of the necessary information is provided in the Heritage Permit. Question 7: What is the cost to me to designate my property? The Town takes care of the costs incurred through the designation process such as the Heritage Evaluation Report, registering the designation by-law on title and ordering and installing the historical and designation plaque. There may be costs associated with future alterations to the property. There is no cost for a Heritage Permit. However a property owner may require a building permit or a site plan application, which would be no different than if the building was or was not designated, in which there would be application fees associated with this process. The extent of the work will determine what type of approvals and permits are required. Question 8: Does designation affect the sales value of my property? A study conducted by the University of Waterloo in 2000 discovered that the rate of sales of designated properties was as good as or better than the general market. 1 Question 9: How does designation affect my property insurance and mortgage? Information obtained from the Ministry of Tourism and Culture s website dated 2012 indicates that your insurance premiums should not go up as a result of heritage designation. Usually a variety of other factors such as out-dated wiring, old heating systems found in older buildings cause insurance companies to increase insurance premiums. It is best to consult with your insurance company and mortgage lender prior to pursuing designation in order to best understand your own individual circumstances. Question 10: How does designation affect my property taxes? Designation should not have a direct impact on your taxes. However the Town obtains assessment information from the Municipal Property Assessment Corporation (MPAC) who generally assesses properties every four years. If the value of the property has increased, the property taxes may also increase. If you have further questions, it would be best to speak with a representative in the tax department. 1 Source: Robert Shipley, Heritage Designation and Property Values: Is There an Effect? International Journal of Heritage Studies, Vol. 6 No. 1, Page 5 of 15

6 Question 11: Are there any financial incentives provided to me if I designate my property? The Town of Ajax offers a 10% tax rebate on the municipal and education portion of a designated property tax bill. The tax rebate applies only to the eligible heritage property which would be determined by the Town with the assistance of the Municipal Property Assessment Corporation (MPAC). For example, on a property assessed at $360,000 in 2010 (paying $4, per year in property taxes) the amount of eligible rebate from the Town s portion of the tax bill would be approximately $139.25, and approximately $86.77 from the education portion of the tax bill, totalling $ An owner is required to enter into a Heritage Easement Agreement with the Town to participate in this program. Question 12: How difficult would it be to de-designate my property? Generally once a property is designated it can be difficult to de-designate a property. Usually Council will approve de-designation for specific or special circumstances such as relocating a building or severing a lot. However, in these instances, the building becomes re-designated once the process has been completed. Council can also dedesignate a property for demolition purposes. If a property owner wishes to dedesignate their property, they must apply to Council who would then consult with the Heritage Advisory Committee. Each application would be considered on its own merit. If Council were to approve de-designation, a de-designation by-law would need to be publicized in the local newspaper and passed by Council. Question 13: Is there a way to appeal Council s decision if they refuse my request to de-designate? If Council, after consultation with the Heritage Advisory Committee, refuses the request to de-designate, the owner may appeal to Council for a hearing before the Conservation Review Board, an independent provincial tribunal. The owner or their representative would defend their position to the Board at their own expense. Following the hearing, the Conservation Review Board will report back to the parties involved with its recommendations but, as before, Council makes the final decision. This repeal procedure may not be undertaken more than once in a twelve month period. Page 6 of 15

7 3.0 The Process to Designate a Property Identify Property to be Designated Owner completes Application Form Application is sent to the Ajax Heritage Advisory Committee for review Research on historical, architectural and cultural features is undertaken and a Heritage Evaluation Report is completed by a heritage consultant at the Town s expense Ajax Heritage Advisory Committee reviews report and evaluates property A recommendation report is prepared for Town Council s consideration If approved by Council to designate, a Notice of Intent to Designate is published once in the local newspaper If no objections are received, a by-law is adopted by Council and registered on title of the property A plaque is erected on the property (pole or wall mounted owner s preference) at the Town s expense If any objections are received within 30 days, they are sent to the Conservation Review Board (an independent provincial tribunal) Page 7 of 15

8 4.0 Alteration or Addition to a Designated Property Designation under the Ontario Heritage Act does not prohibit the development and change of the exterior of the property. Rather, it manages alterations so that they occur in a manner that is sympathetic and compliments the existing environment. Adaptive re-use of buildings (i.e. residential converted into commercial) is a way to ensure that heritage properties are socially and economically viable. The owner of a designated heritage property must receive approval from the Town prior to altering the exterior of the property. The designation by-law will specifically list reasons for designation which may include certain architectural elements, historical associations or cultural features which are deemed significant to the property. Generally only the exterior of the property is designated unless interior features are noted in the by-law (usually it is up to the property owner to request interior feature designation). General repairs that do not affect the reasons for designation are permitted without receiving approval. However, it is always best to speak with staff at the Town of Ajax Planning and Development Department first to make this determination. The designated property owner will be required to submit a Heritage Permit to the Town listing the requested changes or alterations. Town staff will consult with the municipal Heritage Advisory Committee regarding the proposal in which you would also be invited to speak to your application if required. The Heritage Advisory Committee meets on the first Wednesday of each month. Under the Ontario Heritage Act legislation, the Town has 90 days of receipt of the application to reach a decision on the proposed property changes. However often the application is approved much sooner than the allotted 90 day time period. The Town has three options for a decision: consent to the application; refuse the application; or consent upon certain terms and conditions. If the Town refuses the application, or consents upon terms and conditions unacceptable to the owner, the owner can appeal to Council within 30 days for a hearing before the Conservation Review Board. Following a publicly advertised hearing, the Conservation Review Board will submit its recommendations to the parties who appeared at the hearing. After consideration of the Board s report, Council must confirm or revise its previous decision and the decision is final. Please note that Town staff and the Ajax Heritage Advisory Committee will endeavour to assist the applicant with the proposal to best suit the needs of the owner as well as to Page 8 of 15

9 ensure that the proposed changes are compatible and sympathetic to the surrounding environment and community. 5.0 Demolition or Relocation of a Designated Property After thoughtful consideration, an owner wishing to demolish or move any of the heritage buildings on a designated property must apply to Council for a Heritage Permit and / or demolition permit. Following consultation with staff and the Heritage Advisory Committee, Council has 90 days within receipt of the application, to make a decision whether to consent to the application, consent with terms and conditions, or refuse it. If the Town refuses the application, or consents upon terms and conditions unacceptable to the owner, the owner can appeal Council s decision to the Ontario Municipal Board, an independent administrative board that hears matters on planning disputes, within 30 days of receiving receipt of Council s decision. After a hearing is held, the Ontario Municipal Board orders that the appeal be dismissed or that the municipality consent to the demolition or removal of the building. The decision of the Ontario Municipal Board is final. Many property owners are finding that recycling older buildings or looking for adaptive reuse alternatives provide a substantial economic benefit while further enhancing the community environment. After all, if we continue to destroy our built environment, how will future generations be able to appreciate the cultural heritage for which we are now stewards. 6.0 What are the Benefits of Designation? The protection of heritage properties or areas will be better served by well-informed, sympathetic, property owners who are not frightened or mystified by the implications of designation. The benefits to designating a property include: Designation helps conserve Ontario s heritage, an irreplaceable resource. Our built heritage is one of the most visible cultural assets that provide each community with its unique character and individuality. Protecting heritage through designation strengthens a community s identity and distinctiveness. Designation is a local, community-based process. Page 9 of 15

10 Designation provides for a consistent approach to heritage conservation. It helps ensure that alterations are administered in a consistent manner that is in line with the intent of the designation by-law. Designation can help delay demolition. The Town of Ajax provides a 10% Tax Rebate on the municipal and education portion of your taxes for designated properties. See staff for more details on the program. Designated property owners can use the Heritage Advisory Committee as a source of information, contacts and advice to assist with their conservation questions. Designated heritage properties make good economic sense. Designation can be seen as a focus for community renewal efforts which can enhance quality of life and maintain sense of place. When heritage buildings are rehabilitated, the projects can be labour intensive and are ideal sources of employment. Designation through the restoration of heritage buildings uses fewer materials and creates less waste than demolishing and building new. Renovation means less landfill waste and minimizing the impact on the environment. Designation helps to secure a community s cultural heritage resources for future generations. 7.0 Designation Myths Clarified Designation does not legally restrict the use of a property. Designation does not restrict the sale of a property. Designation does however continue to be in effect when the property changes hands. The new property owner must notify the change of ownership to the municipal Clerk within 30 days after taking ownership. Designation does not lower property values. In fact, a study conducted by the University of Waterloo found that designation has not had a negative impact on price and could be said to have a correlation with increases in property value. The study found that heritage properties had performed much better than average in the Page 10 of 15

11 market-place over the last 30 years. (Source: Shipley, Robert. Does Heritage Designation Affect Property Values? The Canadian Appraiser, Spring 1992, pp ). Designation does not require an owner to restore a property to its original condition or its appearance in an earlier period. Rather, the changes need to be sympathetic to the heritage value or interest of the property. Designation does not require property owners to open their property to the public. Page 11 of 15

12 8.0 Sample of Ajax s Designated Properties The Glen ~ 43 Mill Street ~ 1884 This home continues to be one of the most imposing landmarks on Mill Street. It is surrounded by mature trees, framed with a graciously curved driveway, and contrasts well with the modern sub-division which has grown up around it. The Gordon House ~ 103 Old Kingston Road ~ 1881 This building was used as a hotel for travelers between York and Kingston townships back in the late 1800s. The hotel remained in the Gordon family until The red and buff brick are combined in a complex pattern to create a mosaic-like front facade. This building is in fantastic condition, and has maintained its architectural integrity. Friends Cemetery ~ Pickering Village ~ 1809 The Quaker Burial Ground on Mill Street is owned by the Religious Society of Friends (Quakers), and is the oldest cemetery in Ajax. Timothy Rogers, the earliest Quaker settler in Duffins Creek (now Pickering Village), donated the land for this cemetery and the Quaker Meeting House. He is buried here, along with his wife and children. Page 12 of 15

13 The Bayly House ~ 58 Kings Crescent ~ 1953 Benjamin de Forest Pat Bayly was recruited into the British Secret Service at the outbreak of W.W.II and was second in command to the famous Sir William Stephenson at Camp X (Whitby). In 1955 he was elected as the first Mayor of the Town of Ajax. This house, built for Mr. and Mrs. Bayly, is a good example of a custom designed, single family dwelling from the post-second World War years in Southern Ontario. A noteworthy feature is that the house is oriented to the adjoining Park (Forest Park) rather than the street. McKay House ~ 244 Kingston Road East ~ 1854 This two storey stone home is the only remaining two storey fieldstone house still standing in Ajax. Surrounding commercial development put the building in jeopardy. However in 1999 the building was moved by the developer, 615 feet west, to its present location. After sitting vacant for 17 years, extensive renovations to the building were completed in 2005 and it is now rented out for commercial use. Page 13 of 15

14 Application for Heritage Designation Under Part IV of the Ontario Heritage Act Location / Legal Description: Municipal Address: Legal Description Lot: Plan No.: Owner Name: Address: Telephone: General Description: (Complete 1-10 for each building on property) 1. Existing Structures: 2. Type: 3. Style: 4. Age: 5. Construction: 6. Storeys / Square Footage: 7. Basement /Square Footage: 8. Condition: a) vacant/occupied: b) structural excellent/good/fair/poor: Page 14 of 15

15 9. Historical background /special features: 10. Briefly state why you wish to have this property designated: This application will be referred to the Ajax Heritage Advisory Committee at its next meeting for consideration. Please sign below to indicate your authorization for pursuing heritage designation. The next step will be to prepare a Heritage Evaluation Report on the property prepared by a heritage consultant at the expense of the Town. Owner s Signature Date Please return this completed application form to the attention of the Ajax Heritage Advisory Committee, C/O Christy Chrus, 65 Harwood Avenue South, Ajax, ON L1S 2H9 or by fax at If you have further questions, please contact Christy Chrus, Senior Planner, Ph: Ext or christy.chrus@ajax.ca. Thank You for considering designation of your property. Page 15 of 15