Agenda Index City of Vancouver

ADMINISTRATIVE REPORT

TO:

Vancouver City Council

FROM:

Director of Current Planning

SUBJECT:

Gastown Heritage Management Program

 

RECOMMENDATION

GENERAL MANAGER’S COMMENTS

COUNCIL POLICY

In 1974, Council adopted zoning schedules for Chinatown (HA-1) and Gastown (HA-2).

In 1994, Chinatown was rezoned to allow for two separate zoning schedules (HA-1) and (HA-1A) including regulations and companion design guidelines to preserve and protect the historic fabric of Chinatown and to ensure that new development is compatible with the area's character.

PURPOSE

This report seeks Council approval for the terms of reference and funding for two consultant studies to improve management of the heritage resources in Gastown. The study concerning Provincial heritage designations will also benefit the management of heritage buildings in Chinatown.

BACKGROUND

In 1971, the Province of British Columbia designated Gastown and Chinatown as provincial historic sites under the former Archaeological and Historic Sites Protection Act at the request of the City of Vancouver. The City adopted new zoning schedules for Chinatown (HA-1) and Gastown (HA-2) and created the Gastown Historic Area Planning Committee (GHAPC) and the Chinatown Historic Area Planning Committee (CHAPC) to manage these areas in 1974.

In 1981, to further facilitate decision making by the City, the minister responsible for the Heritage Conservation Act delegated the authority to issue ministerial permits for changes and alterations to the Provincial designated properties to the Director of Planning. In the late 1980s, the City and the Province undertook a four-part study in order to clarify a number of heritage management issues. As there wasn’t sufficient community support for the recommendations, the study was not brought forward for Council approval, but it has been used as background information. In 1993, the Planning Department began to work, with the community, on the details of the proposals for the Chinatown area. This ultimately led, in 1994, to the creation of new zoning and guidelines, revisions to the Heritage Register and the adoption of Rehabilitation Guidelines for Chinatown.

DISCUSSION

Since the historic areas were first designated, Gastown has faired reasonably well in terms of heritage conservation despite not having a formally adopted heritage management plan. However, in recent years there has been increasing pressure on the area’s heritage resources and there is a sense that Gastown’s heritage character is being gradually eroded.

The main components of work to be completed under these consultancies will be a review of the legal implications of transferring heritage designations for Gastown and Chinatown to the City and the development of a heritage management plan for Gastown. The Gastown Heritage Management Program will consist of a number of components which are described in more detail below.

These studies will be conducted in the context of other initiatives for the area, some of which are underway: lighting plan, parking plan, land use plan, building by-law changes, work-live regulations, CPR right-of-way and linkages to adjacent areas. In addition, resources from the Downtown Eastside Community Revitalization Program and the Vancouver Agreement will be used to help reconcile conflicting objectives for Gastown and to help secure co-ordinated action by the different levels of government to address issues in the area.

This report seeks Council approval for funding to complete the following items:

1. Legal Implications of Transferring Provincial Heritage Designations in Gastown and Chinatown to the City of Vancouver

2. Gastown Heritage Management Plan

The terms of reference for both these studies are attached in Appendix B.

Public Consultation

A variety of Gastown interest groups (including GHAPC, Gastown Business Improvement Society, Gastown Homeowners Association, Gastown Safety Office and low income housing managers) have been consulted in the preparation of the terms of reference for this work. Consultation with these groups will be continued and will be expanded to include other relevant groups such as Heritage Vancouver, the Board of Trade, Downtown Vancouver Association, Tourism Vancouver, the Vancouver Economic Development Commission and residents of Gastown. CHAPC and other interest groups in Chinatown will also be engaged in the discussions on the implications of transferring heritage designations. The consultants will be required to provide regular progress reports and an interim written report midway through the study to facilitate review by staff and the public.

One of the challenges will be to address the different and sometimes competing objectives in Gastown. In the past, conflict or lack of agreement over objectives has prevented work from moving forward. These issues will need to be considered and worked through as part of the consultant studies and other City initiatives and will include utilization of the Community Revitalization Process to resolve outstanding concerns as necessary.

GHAPC has reviewed this report and the terms of reference, and they concur with its contents.

Management of Work

The work will be jointly managed by the City Planning Department and the Provincial Heritage Conservation Branch. City staff from various departments who regularly address Gastown issues have been involved in developing the terms of reference. The Heritage Conservation Branch has also had extensive input in the development of the terms of reference. Staff technical and steering committees have been established to provide expertise and assistance and to ensure there is strong interdepartmental support for implementing the plan. It is anticipated that the work will begin early in the new year and that the final consultant report will be submitted by the end of June. The findings will be reviewed by staff and vetted through interest groups before reporting to Council with policy recommendations by the end of the year. Appointment of the consultant requires Council approval.

FINANCIAL IMPLICATIONS

The total budget for completing this work is $88,000. The Provincial Heritage Conservation Branch has committed $22,000 which is contingent upon receiving matching funds from the City. Staff estimates that the cost of reviewing the implications of transferring the heritage

designations, including development of an appropriate management and administrative framework, is equal to the contribution from the Province. The remaining $66,000 will be funded by the City, subject to approval by City Council. The source of funding will be the operating budget for 2000. The proposed budget is attached as Appendix A.

Significant in-house staff resources will also be applied to these studies from various departments for data collection, technical analysis and arranging public consultation. To facilitate this, the Planning Department has assigned an additional planner to Gastown for the duration of the study.

CONCLUSION

The Director of Current Planning recommends that Council approve funding to undertake a heritage management plan for Gastown and review the legal implications of transferring heritage designations for Gastown and Chinatown from the Province to the City.

- - - - -

PROPOSED BUDGET
GASTOWN HERITAGE MANAGEMENT PROGRAM

Legal Implications of Transferring $20,000
Heritage Designations

Consultant’s cost to prepare recommendations on:

- methods to achieve continuous protection
- compensation issue
- enforcement policies
- management/administrative framework

Heritage Management Plan $60,000

Consultants cost to prepare:

- vision and goals statement
- conservation standards
- design & built form guidelines
- incentives
- economic analysis to measure impact of controls and incentives
- maintenance standards
- policy options/recommendations

Contingency (10%) $ 8,000

Total $88,000

Less Contribution from Province $22,000

City Portion $66,000
THE GASTOWN HERITAGE MANAGEMENT PROGRAM
November 30, 1999

The Gastown Heritage Management Program will consist of a number of components. Some of these are already underway. Two consultant studies are to be commissioned to address the following aspects of the built environment:

1. Legal Implications of Transferring Provincial Heritage Designations in Gastown and Chinatown to the City of Vancouver

2. Gastown Heritage Management Plan

These consultant studies will be conducted in the context of other initiatives for the area, some of which are underway: Lighting Plan, Parking Plan, Land Use Plan, Building By-law Changes, Work Live Regulations, CPR Right-of-Way, Linkages to Adjacent Areas (eg. Trade & Convention Centre and Chinatown), Downtown Eastside Community Revitalization Program, and the Vancouver Agreement.

Some of these initiatives may result in differences of opinions among various interest groups which will need to be resolved through facilitated discussions. As these issues are resolved over time, various components of the Gastown Heritage Management Program may need to be revised to ensure their continued effectiveness.

Legal Implications of Transferring Provincial Heritage Designations in Gastown and Chinatown

PURPOSE OF THE STUDY

The Province has indicated it would like to transfer responsibility for the Provincial heritage designations in Gastown and Chinatown to the City of Vancouver. This would streamline the regulatory process. However, it is necessary to ensure that there is no loss of heritage protection with this action. The purpose of this study is to determine:

· how the protection afforded Provincial designations in Vancouver’s Gastown and Chinatown could be achieved by the City of Vancouver through legislation, without triggering compensation and without any loss of enabling abilities to manage these sites;

· interpretation and application of Section 595 (6) (a) and (b) of the Vancouver Charter.

MAIN STUDY COMPONENTS

A detailed description of the process that would be required to transfer full responsibility for the Provincial designations of Gastown and Chinatown to the City at a comparable level of protection is needed.

1. Analyse and recommend methods to achieve continuous protection. To include consideration of, but not limited to, municipal designation, HRAs, restrictive covenants and Heritage Conservation Areas (the latter would require a Charter change). Examples from other jurisdictions/organizations should also be reviewed for applicability.

2. If compensation is likely to be triggered, what would the compensation be (Section 595 - “reduction in market value”), given that the properties have been Provincially designated since 1971?

BUDGET

The budget for the study will be $_____. The costs of the study will be shared by the City of Vancouver and the Heritage Branch, Ministry of Small Business, Tourism and Culture.

PRODUCTS

Prepare an interim report midway through the study.
Four (4) copies of the finished report.
One (1) computer disk of the finished report on Word Perfect

MANAGEMENT OF THE STUDY

The study will be managed jointly by the Planning Department for the City of Vancouver and the Heritage Branch of the Province of British Columbia and will be completed to the satisfaction of the Director of Current Planning and the Director of the Heritage Conservation Branch.

SUBMISSION REQUIREMENTS

Each submission must describe the following:

· A detailed description of the work that will be undertaken and how it will be managed.
· A resume for the firm(s) and for each person involved with the work. The consultant team needs to have extensive knowledge and experience with heritage legislation as it relates to Gastown and the City of Vancouver. The consultant team must be able to work effectively in a cooperative environment with municipal and provincial staff and various stakeholder groups.
· The total project budget and a detailed break down of costs, including a proposed allocation of time by members of the project team.
· A schedule of when the work will be undertaken and completed.
· References.

DATE OF SUBMISSION

Submissions must be received in the office of the Vancouver Planning Department, 453 West 12th Avenue, Vancouver, B.C. V5Y 1V4, no later than 5 p.m. _________. Please mark submissions to the attention of Marco D'Agostini.

For further information, please contact either:
· Marco D'Agostini, Central Area Planner, 873-7716 or fax at 873-7045; or
· Alastair Kerr, Senior Preservation Consultant, Heritage Branch, at (250) 356-1194 or fax at (250) 356-7796.

Gastown Heritage Management Plan

HERITAGE CONSERVATION ISSUES IN GASTOWN

Gastown is a unique heritage resource in Vancouver and its turn of the century character is an important public amenity. Since the Province’s designation of Gastown as a historic site in 1971, it has been managed as a conservation area of great importance to the City of Vancouver. The Four Part Study was undertaken with the Province in late 1980s and, more recently, a Draft Land Use Plan was produced. Heritage conservation is a priority issue in this historic area recognizing that Gastown is a complex district with a variety of other objectives including economic vitality, tourism, entertainment, and residential development. This study focuses primarily on the heritage objective.

The following are the main current issues concerning conservation of the built environment:
· lack of clarity/agreement on the conservation vision for Gastown’s future;
· the lack of guidance/direction on design objectives;
· the lack of effective incentives to promote the desired level of conservation;
· difficulty of enforcing City by-laws;
· how to encourage conservation and maintenance of heritage buildings; and
· ensuring economic vitality and heritage conservation objectives can both be met.

PURPOSE OF THE CONSULTANT STUDY

To provide specified components of the Gastown Heritage Management Plan that will ensure heritage conservation goals are achieved on an ongoing basis. The focus of the study will be on heritage objectives for the built environment. Much of the technical work was done in the Four Part Study. With the approval of amendments to the Vancouver Charter and the Heritage Conservation Act, it is now possible to consider a much broader range of conservation tools and their applicability to Gastown. This study will be based on the results of the study reviewing the transfer of Provincial heritage designations from Gastown and Chinatown to the City.

MAIN STUDY COMPONENTS

The following are the main required products:

1. Vision Statement: A vision statement for heritage conservation which recognizes Gastown’s unique historic character needs to be prepared.

2. Goals Statement: A heritage goals statement, needs to be prepared to provide direction for the ongoing conservation of the area.

3. Regulation/Protection Mechanisms: Recommendations are needed on mechanisms to ensure the level of heritage conservation in Gastown is consistent with the goals statement. This will include a review of various tools including zoning regulations (as they apply to built form), development permits, municipal designation, heritage conservation areas, heritage revitalization agreements and heritage alteration permits (especially the vary and supplement clause). Review of the relevant sections of the draft Zoning Schedule prepared by the Gastown Business Improvement Society for appropriateness is also required.

4. Conservation Standards for Existing Heritage Buildings and Design Guidelines for New Construction: Guidelines are required in order to clarify expected standards for interventions to heritage buildings and for new construction. The guidelines need to identify desired levels of intervention. Sections should be similar to those drafted in the Four Part Study and similar to those for Chinatown, e.g., architectural expression, window patterns, colours, awnings, signs. Assess and incorporate as appropriate the draft GHAPC materials guidelines. In addition, recommendations are needed on the following built form items: appropriate heights for new buildings and for additions to existing buildings; the appropriateness of establishing density for Gastown sites; and guidance on streetwall, setbacks and site coverage should also be provided. Consideration should also be given to building interiors. Guidelines for appropriate methods to accommodate interventions for mechanical services will also be required. Guidance should also be provided on the potential impacts of interior renovations on exterior facades. The impact of the proposed guidelines and regulations on existing and future potential uses needs to be assessed.

5. Incentives: There is a need for effective incentives in order to provide the economic means to achieve the conservation and maintenance of buildings in the area. These must relate to the degree of heritage retention required.

~ - fee reductions (e.g., Development Cost Levies, Community Amenity Contributions for rezonings, awnings, signs, areaways);
~ - Building By-law considerations (to include Phased Building By-law Compliance for “Changes of Use” and a review of the recommendations from Fireflow Technologies and other recent studies);

~ - programs for environmentally sustainable buildings which may yield construction or operating cost savings;

~ - provision of free or inexpensive parking; and

Note: ~ indicate components that staff will research and provide information to consultants.

6. Maintenance Standards: The City’s Standards of Maintenance By-law needs to be reviewed for its impact on Gastown’s heritage buildings. Special consideration is to be given to the need for standards for unoccupied buildings. This is to be based on the limits of the City’s current legal abilities as well as on what can be achieved through expanded legal authority through new legislation, including Charter changes or including the provisions in the Heritage Conservation Act to the Charter. The work will also include reviewing the recommendations that emerged from the Heritage Commissions’ Orientation workshop and the consultant study on maintenance standards for heritage buildings prepared by Barry McGinn. Recommendations on mechanisms to encourage/require maintenance should also be provided.

7. Enforcement Policies: There are a considerable number of violations of the City’s Sign By-Law and Zoning and Development By-law and the Provincial Heritage Conservation Act in the Gastown area. Enforcement needs to be applied in instances where it makes a difference to the area’s character and on an even basis. One way to determine priorities may be reversible and irreversible changes to a building. Recommendations are needed on enforcement priorities, penalties and methods to inform building owners/tenants of permit requirements.

8. Management and Administrative Framework: An analysis of the procedures used to manage Gastown’s heritage resources and recommendations on appropriate revisions is needed. The method for managing/administering Gastown’s heritage resources will flow from the vision/goals statements. This component should include a review of management/administration structures from other jurisdictions and organizations for applicability to Gastown. This should include the role of: staff (for example the Director of Planning Approving Authority, Engineering Services with respect to parking and the public realm, Permits and Licenses for the Building By-law); theGastown Historic Area Planning Committee; the Development Permit Board; and the Heritage Commission. Procedures for monitoring and evaluating the management plan should also be provided.

METHODOLOGY

The consultant team will be expected to meet and provide regular reports to city/provincial staff throughout the consultancy.

1. Review and analyse in detail the existing management structure, policies, programs and bylaws as they relate to the conservation of Gastown’s heritage resources in order to confirm the breadth and depth of the issues to be addressed.

2. Review the recommendations of the study on transferring responsibility for heritage designations from Province to City.

3. Review the Four Part Study and the Draft Zoning Schedule prepared by the Gastown Business Improvement Society, with particular regard to issues to be addressed and applicability of past recommendations to the current situation.

4. Review the Vancouver Charter and relevant methods of heritage conservation used in other jurisdictions to determine applicability of new tools. This should also include a review of management/administrative structures from other jurisdictions and/or organizations.

5. Prepare Vision Statement, Goals Statement, Regulation/Control Mechanisms, Conservation Standards, Design and Built Form Guidelines. (Note: these will likely be revised through steps 6-9).

6. Review costs of recent renovations in Gastown (provided by staff) and prepare cost estimates for providing basic and enhanced levels of heritage retention for a sample of typical buildings in Gastown. Generally, there are three main building types in Gastown: (a) 2 storey building on a lot 50 feet and less; (b) 4 storey building on a lot 50 feet and less; and (c) 4-7 storey building on a lot greater than 50 feet each with a variety of commercial, residential and other uses on ground and upper floors. The variables to be considered include location, height, width, building structure and uses. The consultant will be expected to review the list of variables to ensure that all building types have been considered and identify any gaps or anomalies (such as buildings on pilings or common party walls with brick buildings adjacent to other brick buildings) and how they may be dealt with.

7. Building on cost estimates in item 5, review and prepare proformas (including revenues) for existing commercial, residential and other uses to determine economic viability and the amount of incentives which may be needed to meet the proposed level of heritage conservation.
H. Review and recommend appropriateness of various incentives to encourage conservation and maintenance of heritage resources. This will include working with other City Departments to assess the likely implications (including costs and benefits) to the City for the incentives.

I. Prepare recommendations on Maintenance Standards, Enforcement Policies and Management Strategy.

J. Prepare, in consultation with staff and the public, up to three sets of policy options based on likely levels of incentives, varying levels of heritage conservation, and different priorizing.

K. Finalize a recommended plan or options for presentation to City Council. This should include a program for implementation and monitoring.

PUBLIC CONSULTATION

Public consultation will be an important part of the work and will be coordinated by City staff. A facilitator, with experience in this part of the city, will be engaged by the City where necessary to assist with the public consultation process. The consultant will be expected to help design and participate in public and staff meetings as required. Aspects of public consultation will consider a combination of the following:

~ Discussions with key stakeholders, including local business people, residents and organizations (eg. Gastown Historic Area Planning Committee, Gastown Business Improvement Society, Gastown Homeowners Association, Gastown Public Safety Office, managers and residents of low-income housing, Vancouver Heritage Commission, Heritage Vancouver, Board of Trade, Tourism Vancouver, the Vancouver Economic Development Commission and other relevant groups).
~ The preparation and distribution of handouts, newsletters etc.
~ Open Houses, Public Meetings.

The consultant is responsible for the costs and preparation of all material to facilitate public participation, with the exception of those regular sources of public information and communication typically provided by the City of Vancouver or other stakeholders.

BUDGET

The budget for the study will be $____. The costs of the study will be shared by the City and the Heritage Branch, Ministry of Small Business, Tourism and Culture.

PRODUCTS

Prepare preliminary discussion papers for each main study component for staff and public review.
Prepare an interim report midway through the study for staff and public review.
Eight (8) copies of the finished report.
One (1) computer disk of the finished report on WordPerfect

MANAGEMENT OF THE STUDY

The study will be managed jointly by the Planning Department for the City of Vancouver and the Heritage Branch of the Province of British Columbia and will be completed to the satisfaction of the Director of Current Planning and the Director of the Heritage Conservation Branch.

SUBMISSION REQUIREMENTS

Each submission must describe the following:

~ A detailed description of the work that will be undertaken and how it will be managed.
~ A resume for the firm(s) and for each person involved with the work. The consultant team needs to be firmly rooted in heritage knowledge (including heritage conservation principles and heritage management planning and the legislative context for heritage conservation in Vancouver, British Columbia and elsewhere), economic evaluation and development analysis and adept at public process. The consultant team must be able to work effectively in a cooperative environment with municipal and provincial staff and various stakeholder groups. Familiarity with the nonprofit sector would also be desirable.
~ The total project budget and a detailed break down of costs, including a proposed allocation of time by members of the project team.
~ A schedule of when the work will be undertaken and completed.
~ References.

DATE OF SUBMISSION
Submissions must be received in the office of the Vancouver Planning Department, 453 West 12th Avenue, Vancouver, B.C. V5Y 1V4, no later than 5 p.m. _________. Please mark submissions to the attention of Marco D’Agostini.

For further information, please contact either:

Marco D'Agostini, Central Area Planner, 873-7716 or fax at 873-7045; or
Alastair Kerr, Senior Preservation Consultant, Heritage Branch, at (250) 356-1194 or fax at (250) 356-7796.

BACKGROUND Gastown Heritage Management Program

In 1971, the Province of British Columbia designated Gastown and Chinatown as provincial historic sites under the former Archaeological and Historic Sites Protection Act at the request of the City of Vancouver. At that time, local governments in British Columbia did not have the power to protect heritage buildings through heritage designation. The Province agreed to the designations and 230 properties were designated in Gastown and in Chinatown.

The designations, however, were only meant to be a temporary measure. The Province intended to amend the Vancouver Charter and the Municipal Act giving local governments the power to designate land and buildings within their jurisdictions as municipal heritage sites. Once this was done, the Gastown and Chinatown designations were to become the responsibility of the City of Vancouver. Amendments to the Vancouver Charter and the Municipal Act were made in 1973 and subsequently in 1977 with the Heritage Conservation Act, but the transfer of responsibility for the Gastown and Chinatown designations was not achieved.

To manage Gastown and Chinatown, the City of Vancouver created the Gastown Historic Area Planning Committee (GHAPC) and the Chinatown Historic Area Planning Committee (CHAPC). The members of these two committees are appointed by Council and advise the Director of Planning on all aspects of planning and development in the areas. The Planning Department has provided a staff liaison to these two committees on an ongoing basis.

In 1981, to further facilitate decision making by the City, the minister responsible for the Heritage Conservation Act delegated the authority to issue ministerial permits for changes and alterations to the Provincial designated properties to the Director of Planning. Exceptions to this delegation are where the City is the owner or developer of the land, or where there is a perceived conflict of interest.

In the late 1980s, the City and the Province undertook a four part study in order to clarify a number of heritage management issues. It led to an evaluated inventory of historic buildings, proposed new zoning schedules for each area and proposed conservation standards and design guidelines. Much useful data were collected and drafts of new zoning and design guidelines were produced. As there wasn’t sufficient community support for the recommendations, the work wasn’t immediately acted upon. In 1993, the Planning Department began to work, with the community, on the details of the proposals for the Chinatown area. This ultimately led, in 1994, to the creation of new zoning and guidelines, revisions to the Heritage Register and the adoption of Rehabilitation Guidelines for Chinatown.

In 1994, the Province passed the Heritage Conservation Statutes Amendment Act which gave local governments expanded powers to manage heritage resources. The new powers included under this legislation are not reflected in the existing management plans for Gastown and Chinatown. The existing plans need to be revised, particularly with respect to both incentives and controls. As part of the revisions to the management plans, the City and Province are willing to explore options for transferring responsibility for future heritage protection of Gastown and Chinatown to the City, including full management of the existing Provincial heritage designations. A process has to be designed whereby this transfer of responsibility can be achieved while at the same time facilitating City heritage protection comparable to the Provincial designations.

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