Built Heritage Committee

Minutes

Meeting #:

11

Date:

Tuesday, February 13, 2024

Time:

9:30 A.m. - 10:30 A.m.

Location:

Champlain Room, 110 Laurier Avenue West, and by electronic participation

Present:

• Chair: Councillor Rawlson King, 
• Vice-Chair: Councillor Stéphanie Plante, 
• Councillor Clarke Kelly, 
• Councillor Jeff Leiper, 
• Councillor Ariel Troster, 
• Member Christine Legault, 
• Member James Maddigan, 
• and Member Carolyn Quinn 

Absent:

• Member Vaibhavi Dhote 

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1.

Notices and meeting information for meeting participants and the public

Notices and meeting information are attached to the agenda and minutes, including: availability of simultaneous interpretation and accessibility accommodations; in camera meeting procedures; information items not subject to discussion; personal information disclaimer for correspondents and public speakers; notices regarding minutes; and hybrid participation details.

Accessible formats and communication supports are available, upon request.

Except where otherwise indicated, reports requiring Council consideration will be presented to Council on February 21, 2024 in Built Heritage Committee Report 11.

The deadline to register by phone to speak, or submit written comments or visual presentations is 4 pm on February 12, and the deadline to register by email to speak is 8:30 am on February 13.

2.

Declarations of Interest

No Declarations of Interest were filed.

3.

Confirmation of Minutes

3.1

BHC Minutes 10 – Tuesday, January 16, 2024

• Carried

4.

Postponements and Deferrals

4.1

Update to the Designation of the Ottawa Water Works Complex under Part IV of the Ontario Heritage Act

File No. ACS2024-PRE-RHU-0017 - Somerset (Ward 14)

Deferred from the Built Heritage Committee meeting of January 16, 2024. 

Committee members received a written submission from David Flemming, Heritage Ottawa, and a copy is filed with the Office of the City Clerk.

The Committee carried the report recommendations as presented.

• Report recommendations

  That the Built Heritage Committee recommend that:

  1. Council issue a Notice of Intention to Designate the Ottawa Water Works Complex under Part IV of the Ontario Heritage Act, according to the Statement of Cultural Heritage Value, attached as Document 5; and
  2. Following registration of a by-law to designate the Ottawa Water Works Complex, Council repeal By-law 22-82 and By-law 65-95.
  Carried

5.

Presentations

5.1

Heritage Watch List Update

Committee members carried Motion No. BHC 2024-11-01 to waive the Rules of Procedure and allow a presentation from staff.

Ashley Kotarba, Planner II, Heritage Planning Branch, provided a presentation with an update on the Heritage Watch List and answered questions from the Committee.  A copy of the slide presentation is filed with the Office of the City Clerk. Lesley Collins, Program Manager, Heritage Planning Branch, was also available to answer questions from the Committee.

Committee members received a written submission from David Flemming, Heritage Ottawa, and a copy is filed with the Office of the City Clerk.

David Flemming, Heritage Ottawa, addressed the Committee to speak on the update.

Following discussion on this item, the Committee received the presentation from staff.

• Motion No. BHC 2024-11-01
  Moved by S. Plante

  BE IT RESOLVED THAT the Built Heritage Committee waive the Rules of Procedure (subsection 83(4)(a)) to receive the verbal update from Planning, Real Estate and Economic Development Department, Right of Way, Heritage and Urban Design regarding enforcement and monitoring activities related to the Heritage Watch List at today’s meeting and dispense with the requirement to provide a separate written report on this presentation.

  Carried

6.

Planning, Real Estate and Economic Development Department

6.1

Bill 23: Implementation of Changes to the Ontario Heritage Act – Heritage Register Removal Report #1

File No. ACS2024-PRE-RHU-0020 – City-wide

Greg MacPherson, Planner II, Heritage Planning Branch, presented an overview of the report recommendations and answered questions from the Committee.  A copy of the slide presentation is filed with the Office of the City Clerk. Lesley Collins, Program Manager, Heritage Planning Branch, was also available to answer questions from the Committee.

Committee members received a written submission from David Flemming, Heritage Ottawa, and a copy is filed with the Office of the City Clerk.

David Flemming, Heritage Ottawa, addressed the Committee to speak to the report recommendation.

Following discussion on this item, the Committee carried the report recommendation as presented.

• Report recommendation

  That Built Heritage Committee recommend that Council removes reference to the properties listed in Document 1, attached to this report, from the Municipal Heritage Register. 

  Carried

6.2

Application for New Construction at 235 Mariposa Avenue

File No. ACS2024-PRE-RHU-0025 - Rideau-Rockcliffe (Ward 13)

The statutory 90-day timeline for consideration of this application under the Ontario Heritage Act will expire on March 10, 2024.

MacKenzie Kimm, Planner III, Heritage Planning Branch, presented an overview of the report recommendations and answered questions from the Committee.  A copy of the slide presentation is filed with the Office of the City Clerk. The following staff were also available to answer questions from the Committee:

• Lesley Collins, Program Manager, Heritage Planning Branch
• Christine Enta, Legal Counsel
• Patrice Dumais, Program Manager Building Code Services

Committee members received the following submissions, and a copy of each is filed with the Office of the City Clerk:

• Nancy Dorigo and John Davis
• Sehrab Grewal and Gordon Southam
• Kirsten Crain and John Morales
• Phil Hopwood and Kate Morican
• David Flemming, Heritage Ottawa

The following speakers addressed the Committee to speak to the report recommendations:

• Michele Hayman, Rockcliffe Park Heritage Committee
• Susan Peterson, Rockcliffe Park Residents’ Association
• Kirsten Crain
• Sehrab Grewal
• David Flemming, Heritage Ottawa
• Michael Kelen
• Tom Joseph, Team Tom Consultants, representing the applicants

Following discussion on this item, the Committee carried the report recommendations as amended by Motion No. BHC 2024-11-02.

• Report recommendations

  That the Built Heritage Committee recommend that Council:

  1. Approve the application for new construction at 235 Mariposa Avenue, according to plans by Bell + Associates Architecture, dated November 23, 2023 and received on December 4, 2023, conditional upon:
     
     1. The applicant reconfirming and/or providing all exterior cladding materials for approval by Heritage staff, prior to the issuance of any building permits;
     2. Prior to the issuance of the building permit:
        
        1. The applicant and their General Contractor meeting with Heritage and Building Code staff to review the approved plans, details of the approval, and agreeing to provide a copy of the approved heritage permit to all subcontractors, including posting a copy on site.
        2. The applicant submitting a construction schedule to the satisfaction of staff in Heritage Planning and Building Code Services.
  2. Approve the landscape plan for 235 Mariposa, according to the plan submitted by Bell + Associates Architecture, dated November 23, 2023 and received on December 4, 2023, conditional upon:
     
     1. Implementing the tree protection plan and recommendations as indicated in the Tree Information Report provided by Aborist Consulting Ottawa, dated April 16, 2021 and resubmitted December 4, 2023;
     2. The applicant providing an updated landscape plan for heritage staff approval prior to the issuance of a building permit.
  3. Delegate authority for minor design changes to the General Manager, Planning Infrastructure and Economic Development.
  4. Approve the issuance of the heritage permit with a two-year expiry date from the issuance unless otherwise extended by Council.
  Carried as amended
• Amendment:
  Motion No. BHC 2024-11-02
  Moved by A. Troster

  WHEREAS This report recommends approval of an application for new construction at 235 Mariposa Avenue, the previous High Commission Official Residence for the Republic of Uganda, a property designated under Part V of the Ontario Heritage Act as part of the Rockcliffe Park Heritage Conservation District (HCD); and 

  WHEREAS A previous application related to this property was approved by City Council in 2020 for alterations and additions to the building that was on site; the building was recently demolished without the appropriate approvals in place; and 

  WHEREAS This application was submitted as the owner wishes to continue with construction, using the previously-approved design; and 

  WHEREAS a previous application presented at built heritage committee in January spoke to a building located further back from the street than the adjacent Grade I property, which aims to reduce the visual impact of the additional height from the streetscape; and

  WHEREAS the new application proposes greater massing and footprint than the previous home located at 235 Mariposa; and

  WHEREAS this new proposal creates an opportunity to review the current setbacks and allow to set the home further back from the street for a reduction in impact to the cultural heritage landscape;

  WHEREAS a direction to staff will be presented at the next Council meeting incorporating further conditions on the building permit that respond to the feedback received at Committee;

  THEREFORE BE IT RESOLVED that report recommendation 1 be amended to read as follows:

  1. Approve the application for new construction at 235 Mariposa Avenue, according to plans by Bell + Associates Architecture, dated November 23, 2023 and received on December 4, 2023, conditional upon:
     1. The applicant increasing the front yard setback in order to further reduce the visual impact of the new building as viewed from Mariposa Avenue, including seeking any necessary Planning Approvals; and
        1. Should any required Planning approvals be granted, delegate authority to staff for final approval of the increased front yard setback under the OHA; and
        2. Should any required Planning Approvals not be granted, the application will be deemed approved as per the attached plans subject to the remaining conditions outlined in this report.
     2. The applicant reconfirming and/or providing all exterior cladding materials for approval by Heritage staff, prior to the issuance of any building permits;
     3. Prior to the issuance of the building permit:
        1. The applicant and their General Contractor meeting with Heritage and Building Code staff to review the approved plans, details of the approval, and agreeing to provide a copy of the approved heritage permit to all subcontractors, including posting a copy on site.
        2. The applicant submitting a construction schedule to the satisfaction of staff in Heritage Planning and Building Code Services.

  For (5)	R. King, C. Quinn, C. Kelly, A. Troster, and J. Maddigan
  Against (3)	J. Leiper, S. Plante, and C. Legault

  Carried (5 to 3)
• Motion No. BHC 2024-11-03
  Moved by C. Kelly

  BE IT RESOLVED that the Built Heritage Committee approve that report ACS2024-PRE-RHU-0025 be deferred to the next meeting of the Built Heritage Committee.

  For (4)	C. Quinn, C. Kelly, S. Plante, and J. Maddigan
  Against (4)	R. King, J. Leiper, A. Troster, and C. Legault

  Lost on a tie (4 to 4)

6.3

Designation of the Église évangelique Baptiste d’Ottawa at 284 King Edward Avenue under Part IV of the Ontario Heritage Act

File No. ACS2024-PRE-RHU-0010 - Rideau-Vanier (Ward 12)

• Report recommendation

  That the Built Heritage Committee recommend that Council issue a Notice of Intention to Designate the Église évangelique Baptiste d’Ottawa at 284 King Edward Avenue under Part IV of the Ontario Heritage Act according to the Statement of Cultural Heritage Value attached as Document 5.
• Motion No. BHC 2024-11-04
  Moved by S. Plante

  BE IT RESOLVED that the Built Heritage Committee approve that report ACS2024-PRE-RHU-0010 be deferred to the next meeting of the Built Heritage Committee.

  Carried

7.

Office of the City Clerk

7.1

Status Update – Built Heritage Committee Inquiries and Motions for the period ending January 26, 2024

File No. ACS2024-OCC-CCS-0009 - City-wide

• Report recommendation

  That the Built Heritage Committee receive this report for information.

  Received

8.

In Camera Items

There were no in camera items.

9.

Notices of Motions (For Consideration at Subsequent Meeting)

There were no Notices of Motion.

10.

Inquiries

10.1

Heritage Planning pre-application consultation

Submitted by Councillor R. King:

Given that we are a little over one year in as a new standing committee, I would like to submit an inquiry to look at some of the processes that have changed or paused, including the Heritage Planning pre-application consultation program. 

The Heritage Planning Branch conducted a pilot program for pre-application consultations on applications under the Ontario Heritage Act that require City Council approval in three neighbourhoods with designated heritage conservation districts (HCDs): New Edinburgh, Sandy Hill and Rockcliffe Park. The pilot program ran for 18 months, from October 2019 to April 2021. The program was well received and has been expanded to all neighbourhoods with HCDs.

The goals of the program are:

1. To ensure that the community is involved in the application process from the beginning and given ample opportunity to provide feedback and comments to the applicant in advance of the submission of a formal application. 
2. To provide an opportunity for City heritage staff and community associations/heritage committees to better collaborate in the implementation of HCD Plans and the management of heritage conservation districts.

Question to staff:

1. How productive was the pilot program? How many community associations/neighbourhoods participated in the program?
2. Is there an opportunity to reinitiate the program, in some capacity, understanding new time constraints with Bill 23?
3. In the absence of this pilot program, what other opportunities or processes could be applied in an effort for the community to participate in a positive application before it is deemed complete and submitted (starting the 90-day timeframe)?

11.

Other Business

11.1

Planning Circulation - Official Plan Amendment - 315 Chapel Street

12.

Adjournment

Next Meeting

Monday, March 4, 2024.

The meeting adjourned at 12:18 pm.