That the Ottawa Built Heritage Advisory Committee recommend that Planning Committee recommend that Council:
1. Approve the Terms of Reference for the Briarcliffe Heritage Conservation District Study as detailed in Document 2;
2. Enact a by-law to designate the area shown in Document 1 as a heritage conservation district study area pursuant to Section 41.1 of the Ontario Heritage Act; and
3. Add the properties listed in Document 3 to the City of Ottawa Heritage Register.
RECOMMANDATIONS DU RAPPORT
Que le Comité consultatif sur le patrimoine bâti d’Ottawa recommande au Comité de l’urbanisme de recommander à son tour au Conseil :
1. d’approuver le cadre de référence de l’Étude relative au District de conservation du patrimoine Briarcliffe, exposé en détail dans le document 2.;
2. d’adopter un règlement visant à désigner le secteur, tel que défini dans le document 1, Zone d’étude du District de conservation du patrimoine en vertu de l’article 41.1 de la Loi sur le patrimoine de l’Ontario;
3. d’ajouter les propriétés inscrites dans le document 3 au Registre des biens patrimoniaux de la Ville d’Ottawa.
The Planning and Growth Management Department received a request to designate Briarcliffe as a heritage conservation district in September 2010. The Briarcliffe area was first developed in the early 1960s and is a rare, intact example of mid-century Modern architecture and planning featuring houses designed by a number of significant Modern architects. If designated, this would be the first heritage conservation district in Ottawa and perhaps Ontario representing this time period. Since that time, staff has undertaken some initial consultation with the community and worked with students from Carleton University to conduct some of the initial research on the area.
Part V of the Ontario Heritage Act provides municipalities with the authority to designate areas of the municipality as heritage conservation districts.
Furthermore, Section 2.5.5 (2) of the City of Ottawa Official Plan notes that:
“Groups of buildings, cultural landscapes, and areas of the city will be designated as Heritage Conservation Districts under Part V of the Heritage Act.”
As a result of these policy directives, Planning and Growth Management Staff have worked with the community to undertake the initial stages of this project and have held one public meeting to gauge community interest and support of the project. Further work requires the approval of City Council. The Terms of Reference attached as Document 1 outlines the proposed study, outcomes and timelines.
According to the Ontario Heritage Act, the heritage conservation district study must:
· examine the character and appearance of the area to determine if the area should be preserved as a heritage district;
· make recommendations regarding the geographic boundaries of the area to be designated;
· make recommendations regarding the objectives of designation and the heritage conservation district plan;
· make recommendations regarding any required changes to the municipality’s official plan or by-laws.
Section 40.(1) of the Act states that:
The council of a municipality may undertake a study of any area of the municipality for the purpose of designating one or more heritage conservation districts.
Section 40.1 (1) notes that if Council decides to undertake a study under Section 40(1) they may also, for a period of up to one year designate the area as a heritage conservation district study area.
Section 40.1 (2) states that a by-law designating a heritage conservation district study area may:
…prohibit or set limitations with respect to,
A by-law designating the Briarcliffe area as a heritage conservation district study area would contain the provision that any demolition, new construction or substantive alteration to a property within the study area require the approval of City Council. This provision would be in effect for one year.
The proposed study area contains 24 buildings and one vacant lot. Given the small nature of the proposed heritage conservation district, any demolitions or substantive alterations to the area could significantly compromise the cultural heritage value of the area.
Alterations are defined in the Official Plan as:
“A substantive change to the built environment which could impact on the heritage character of an individually designated heritage property or a heritage conservation district or buildings in heritage zones as indicated by the zoning bylaw.”
This definition would be used to assess proposed alterations in the study area. Restoration work, minor alterations and general maintenance would not require the approval of City Council.
The passage of this by-law would be appealable to the Ontario Municipal Board within 30 days of its passage.
All properties, designated under Part IV or Part V of the Ontario Heritage Act, are listed on the City of Ottawa Heritage Register as required by Section 27 (1.1) of the Act. Section 27.(1.2) of the Ontario Heritage Act gives municipalities the ability to list additional, non-designated properties on the Register. These are properties that the Council of the municipality considers to be of cultural heritage value or interest.
The implication of listing properties on the City of Ottawa Heritage Register is described in Section 27(3):
If property included on the register under subsection (1.2) has not been designated under Section 29, the owner of the property shall not demolish or remove a building or structure on the property….unless the owner gives the council of the municipality at least 60 days notice in writing of the owner’s intent to demolish or remove the building or structure…..
The properties located within the boundaries of the heritage conservation district study area warrant listing on the City of Ottawa Heritage Register in order to provide 60 days of interim protection.
An initial public consultation meeting was held at the North Gloucester Public Library on October 5, 2011 to introduce the proposal and gauge the interest of the community. All affected property owners were notified by way of letter. In total, 21 people attended the meeting representing 14 of the properties. Councillor Tierney was also in attendance at the meeting. Four additional property owners have contacted Heritage staff since the meeting for additional information.
All affected property owners were notified by way of letter about this report and recommendation. Each owner was offered the opportunity to provide written or oral comments to both the Ottawa Built Heritage Advisory Committee and Planning Committee.
The Rothwell Heights Property Owners’ Association and Heritage Ottawa were notified.
Councillor Tierney is aware of the proposal and supports the heritage conservation district study.
There are no legal implications associated with this report.
RISK MANAGEMENT IMPLICATIONS
Objective F 2: Respect the existing urban fabric, neighbourhood form and the limits of existing hard services, so that new growth is integrated seamlessly with established communities.
The City wants to protect the qualities and characteristics that define what is unique and special about each community while accommodating new growth.
Review applications as part of the development and infrastructure approval process for neighbourhood compatibility and the preservation of unique identities of our communities and villages
Objective E8: Operationalize the Ottawa 20/20 Arts & Heritage Plan.
2.1.2 Identify and Protect Archaeological and Built Heritage Resources, Streetscapes, Public and Symbolic Civic Places and Cultural Landscapes
22.214.171.124 The City will preserve distinct built heritage, streetscapes and cultural heritage landscapes that serve as landmarks and symbols of local identity in both urban and rural districts, as outlined in the Official Plan.
Document 1 Location Map- Proposed Briarcliffe Heritage Conservation District Study Area
Document 2 Briarcliffe Heritage Conservation District Study Terms of Reference
Document 3 List of Properties to be added to the Heritage Register
City Clerk and Solicitor Department, Legislative Services to prepare a by-law designating the heritage conservation district study area.
In September 2010, the Rothwell Heights Property Owner’s Association submitted a request to the General Manager of Planning and Growth Management to designate a heritage conservation district under Part V of the Ontario Heritage Act for the area of Rothwell Heights known as Briarcliffe (see Appendix 1). The intention of a heritage conservation district for Briarcliffe Drive and Kindle Court would be to protect and conserve the unique character of Briarcliffe’s architecture, planning and natural landscape. The broader neighbourhood of Rothwell Heights is in a state of renewal with many mid 20th century buildings being demolished to make way for newer houses. Briarcliffe Drive and Kindle Court may be the only streets in Rothwell Heights yet to experience the demolition of an original home. This area would benefit from a set of guidelines governing future change, so that any eventual renewal would be in keeping with the unique style and scale of the neighbourhood and its natural attributes.
The Briarcliffe Heritage Conservation District Study is being undertaken in accordance with the City of Ottawa Official Plan, Section 126.96.36.199 that states:
Groups of buildings, cultural landscapes, and areas of the city will be designated as Heritage Conservation Districts under Part V of the Heritage Act.
The study may lead to the heritage designation of buildings or districts under Parts IV or V of the Ontario Heritage Act.
The Heritage Conservation District Study will consist of three parts; historical and architectural analysis; heritage survey and evaluation forms, and the management plan, to include design guidelines, as outlined below.
The early history of the Briarcliffe section of the Rothwell Heights neighbourhood will be examined in this phase in order to aid in the understanding of the forces that influenced the architectural evolution of the neighbourhood. In addition, a heritage character statement of the area will be written.
The history and architectural character of each building within the study area will be identified and evaluated according to the former City of Ottawa City Council-approved "Handbook for Evaluating Heritage Buildings and Areas" in order to establish the contribution each has made to the study area.
A Draft Heritage Conservation District Management Plan will be written as part of the Heritage Conservation District Study. Its recommendations will be based on an analysis of the findings of the initial phases of the study and it will include Guidelines for the management of the area.
3.0 Heritage Conservation District Study and Plan
Historical and Architectural Context
The report will include the historical findings of Phase I, above, and the heritage character statement. Plans, maps, historical photographs will be included.
Heritage Survey and Evaluation Forms
A heritage survey and evaluation form will be prepared for each building in the study area. Each building will be evaluated by City staff, the working group that prepared the survey forms and other community representatives, as required. Each building will be given an individual score ranging from 1 to 4, based on its history, architecture and context.
Heritage Conservation District Plan
Section 41.1 (5) of the Ontario Heritage requires that a Heritage Conservation District Plan shall include:
1. Statement of objectives to be achieved through designation
2. Statement explaining the cultural heritage value of the heritage conservation district
3. Description of heritage attributes of the heritage conservation district
4. Policy statements, guidelines and procedures for achieving the stated objectives and managing change in the heritage district
5. Description of minor alterations that do not require approval under the Ontario Heritage Act.
Heritage staff will be responsible for the writing of the final submission to City Council and its presentation to the Ottawa Built Heritage Advisory Committee, and Planning Committee. The Heritage Conservation District Study and Plan will be included as part of the submission and the findings of the Study will dictate the final recommendations of the submission.
If City Council recommends the passage of a by-law designating the District under Part V of the Ontario Heritage Act, the Act requires that every property owner within the District be notified and an advertisement advising of the passage of the by-law will be published in the newspaper. Anyone wishing to object to the District may appeal the decision of Council to the Ontario Municipal Board within 30 days of the publication of the passage of the notification.
4.0 Public Participation
The study is a joint city community effort by the Planning and Growth Management Department and the neighbourhood. There will therefore be a high level of community participation in the study. An initial public meeting was held on October 5, 2011 to introduce property owners to the proposal. There will be a second public meeting to present the findings of the study, recommendations regarding the boundaries of the proposed district and the Heritage Conservation District Plan. Property owners in the area will be kept apprised of the project through an email circulation list that owners voluntarily signed up for at the October 2011 public meeting.
During the winter of 2011, a significant amount of research was conducted by students in the Masters of Canadian Studies program at Carleton University. This project resulted in an excellent report that can serve as a starting point for the heritage conservation district study.
The Planning and Growth Management Department has recommended that the area of Briarcliffe Drive and Kindle Court be designated as a Heritage Conservation District Study Area by by-law including interim controls on erection, demolition and alteration of buildings in the area for a period of one year. It is anticipated that should staff recommend designation of the area as a heritage conservation district, the by-law would be brought forward to City Council within one year.