Common use of Development Planning Clause in Contracts

Development Planning. Staff support the Heritage Designation (HD) and the Heritage Revitalization Agreement (HRA) for the subject property. The applicant has applied to have the existing heritage building, known as the ▇▇▇▇▇▇▇▇▇ House designated with an HD Bylaw. This will ensure long-term protection of the heritage asset through municipal bylaw, a power afforded to municipalities by the Local Government Act. Once the property is designated by bylaw, the owner must obtain a Heritage Alteration Permit to make any exterior alterations in the future. This is an acknowledgment that some changes to the protected heritage property will be inevitable over time as heritage buildings must be useful and safe like any other. The Official Community Plan (OCP) encourages the formal protection of heritage buildings and the consideration of adaptive reuse as a strategy to facilitate it. In exchange for restoring and protecting the heritage building, the property owner is proposing an HRA, which is a formal, written agreement with the City regarding the subject property’s land use regulations. An HRA is a powerful and flexible tool under the Local Government Act to suit unique properties and situations. The terms of the agreement will supersede the Zoning Bylaw and propose specific use, density and siting regulations (e.g. landscaping and parking) for mutual benefit between the property owner and City. The land use and development regulations for the HRA were developed by Staff in collaboration with the applicant. The proposed rehabilitation and adaptive reuse of the heritage building to an office commercial space will be carried out consistent with national heritage standards outlined in the Standards and Guidelines for the Conservation of Historic Places in Canada with the process monitored by a third-party Registered Heritage Consultant. Given the application timing, the City’s Heritage Advisory Committee (HAC) was not in operations, and so in lieu of that typical review, the applicant was required to retain the services of a Registered Heritage Consultant to review and comment on the proposed design (Attachment B). The Heritage Consultant identified that the proposal meets several key Heritage Conservation Area Guidelines and is generally in keeping with the Standards and Guidelines for the Conservation of Historic Places in Canada. Additionally, the proposal is consistent with the City of Kelowna’s Adaptive Reuse Guidelines for Residential Heritage Buildings, with its residential component and scale of use. The residential and modest commercial mixed-use concept is supported by Staff given the subject property’s corner location and general proximity to the Downtown, which is in keeping with the OCP’s sustainability and urban infill objectives. It is expected to attract residents who want to live close to their place of work, and a small office that is compatible with the neighbourhood setting. In summary, Staff agree with the Heritage Consultant’s professional opinion, that the proposal represents a “thoughtful and creative development proposal that is a good model of conservation and evolution for a historic neighbourhood” 1.