Draft Revised May 14, 2012. Draft  Executive Summary  Keys for a Successful Heritage Policy  Guiding Principles  Framework for Heritage Conservation.

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Presentation transcript:

Draft Revised May 14, 2012

Draft  Executive Summary  Keys for a Successful Heritage Policy  Guiding Principles  Framework for Heritage Conservation Program ◦ General Framework ◦ Heritage Conservation Program ◦ Funding Sources ◦ Aligning Interests  Initial Response to Council’s Staff Direction  Glossary of Terms 2

Draft  Council has directed Heritage Burlington to establish a “way forward” that balances the disparate interests of all property owners, other interested parties and the public at large.  Key criteria: To balance views from various stakeholders ◦ Council ◦ Property Owners ◦ Heritage Advocacy Community ◦ Rate Payers  Provide modified Framework ◦ Heritage Conservation Program with both financial and non-financial benefits  The Municipal Register is an OHA mandated list that must contain all designated properties and may contain properties that the council of the municipality believes to be of cultural heritage value or interest. 3

Draft  To develop a heritage conservation program that balances the interests of the property owners, other interested parties and the public at large.  Define and measure success (specific & measurable criteria) 4

Draft  Commitment to respecting and protecting the rights of the owners of properties that are determined to have significant heritage value and to be worthy of conservation through collaborative efforts  Commitment to the conservation of significant Cultural Heritage for the benefit of current and future generations of Burlington residents.  Commitment to establishing and supporting, through financial and non-financial means, a sustainable Heritage Conservation Program.  Commitment to achieving these goals through a public/private alliance with the owners of such properties. 5

Draft 6

 Member benefits program  Streamlined and expedited access to City Services through dedicated heritage advisor  Access to a list of trades and suppliers involved in maintenance and restoration  Access to Heritage Community Website and related resources  Civic Recognition of conservation efforts of owners 7

Draft  Loans  Grants  Property Tax Rebate program ◦ Obtain Regional Government matched funding ◦ Recovery of education portion from Provincial Government 8

Draft  Create a Burlington Heritage Trust: ◦ Permit ALL members of the general public to fund heritage conservation ◦ Permit funding in a tax effective manner including charitable deduction status 9

Draft  Heritage Property Owners  Local Governments ◦ City of Burlington ◦ Region of Halton  Provincial Government  Federal Government  General Public  Development and Building Industry 10

Draft  Benefit Program for heritage owners to offset incremental costs of conservation  Integrate and align heritage conservation with zoning  Integrate and align heritage conservation with community improvement initiatives 11

Draft  General Evaluation Criteria ◦ To reflect Minimum criteria under Ontario Heritage Act - Ontario Regulation 9/06 Ontario Regulation 9/06 ◦ To be weighted to historical factors to better tell Burlington’s Stories ◦ To reflect priorities of residents of Burlington (as determined with input from Public Survey) ◦ Rework and update Evaluation Criteria of potential heritage properties 12

Draft  Register ◦ The Municipal Register is an OHA mandated list that must contain all designated properties and may contain properties that the council of the municipality believes to be of cultural heritage value or interest.  Use of Designation ◦ Designate only with use of heritage easements ◦ Designate only with consent of property owner ◦ If consent of property owner cannot be obtained, use purchase at fair market value and then City can designate with suitable heritage easement and resell to the public  Discontinue the Heritage Clearance Certificate Process 13

Draft  Remove all “C” and “D” properties thereby removing any reference to an Inventory or secondary “list”  Allow “B” property owners to request removal from the Municipal Register  Based on the updated Evaluation Criteria ◦ Review all properties remaining on the Register and discuss historical significance and ranking with each property owner with a prioritized basis 14

Draft  Develop member benefits program  Provide access to a list of trades and suppliers at negotiated discounts  Provide access to Heritage Community Website and related resources  Enhance Civic Recognition Program  Provide priority access to city services on a streamlined and expedited basis 15

Draft  It is critical that the City, on behalf of the public, make a “financial investment” if they are to have a say on what and how properties are maintained.  Critical to provide appropriate program funding for: ◦ Effective program administration ◦ Loans ◦ Grants ◦ Property Tax Rebate program 16

Draft  Council is the ultimate decision making body  Council must take ownership of the Heritage Conservation program  There needs to be a clearer division between Heritage Burlington and City Staff  It is imperative that these roles and responsibilities align with the modified framework and new heritage program.  For example, dedicated heritage advisor – modified role of heritage planner 17

Draft  Immediate Community Engagement through: ◦ Public Survey ◦ Direct Mailing, Website feedback ◦ Public Open House – May 31 st at LaSalle Park Pavilion  Revised Version of Report for Review by Heritage Burlington Committee  Progress Report to Council – early June 2012  Final Report to Council – September 10,

Draft  “A”, “B”, “C”, and “D” Heritage Properties ◦ A system of assigning value (“A” being the highest) to heritage properties developed by architectural historian and heritage consultant, Harold Kalman, and adopted by various community heritage groups to classify heritage properties.  Designation ◦ A by-law enacted by Council covering a property which is defined in the OHA as, “real property and includes all buildings and structures thereon.” A property can be designated if it meets at least one of the criteria of evaluation criteria (See Ontario Regulation 9/06). Designation can occur without the owner’s consent and imposes certain legal obligations on the owner.Ontario Regulation 9/06  Heritage Clearance Certificate Process (to be abolished) ◦ A process that was intended to offer advisory comments only on heritage matters only when a building permit is requested for a non-designated building on the Inventory 19

Draft  Heritage Easement Agreement or Heritage Conservation Agreements ◦ A negotiated legal agreement between the City and a property owner which sets out the requirements for maintaining a property and the specific heritage attributes of the property that must be maintained as well as permitted alterations and developments. Such easements are registered on the title of the property and must be approved by Council.  Heritage Inventory ◦ A database containing information and photographs of approximately 1,100 properties thought to have varying levels of cultural heritage value or interest. The inventory includes the classification of each property as designated, or listed on the Municipal Register or included on the Inventory as a property of interest to the City. 20

Draft  Ontario Heritage Act (OHA) Ontario Heritage Act (OHA) ◦ Provincial legislation that empowers municipalities to protect their cultural resources. ◦ 2005 amendments to this Act strengthened and improved heritage protection in Ontario ◦ Amendments provide enhanced demolition controls and expanded powers to protect and maintain individual properties, buildings, marine sites and archeological resources.  Ontario Regulation 9/06 Ontario Regulation 9/06 ◦ A regulation under the OHA that established the evaluation criteria(design or physical value, historical or associative value, and contextual value) for designation or listing on the Register. 21

Draft  PTR = Property Tax Rebate program as provided for under subsection 365.2(1) of the Municipal Act of Ontario  Register ◦ List of properties designated by City Council under the provisions of the Ontario Heritage Act. In addition, the register may include property that the council of the municipality believes to be of cultural heritage value or interest. Ontario Heritage Act ◦ Must contain all designated properties and may contain non-designated properties ◦ List permits the City to withhold a demolition permit for up to 60 days for a non-designated property. Within the sixty day period, Council must decide either to issue a demolition permit or to initiate other options under the Ontario Heritage Act. Ontario Heritage Act 22