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CITY OF KINGSTON REPORT TO COUNCIL

Report No.: 11-142 TO: Mayor and Members of Council FROM: Cynthia Beach, Commissioner, Sustainability and Growth RESOURCE STAFF: Alan McLeod, Senior Legal Counsel Marnie Venditti, Manager, Development Approvals DATE OF MEETING: May 3, 2011 SUBJECT: Settlement of Conservation Review Board Appeal – 390 King Street West EXECUTIVE SUMMARY: Council of the City of Kingston approved amendments to the Designation By-law for 390 King Street W on March 19, 2008. Notice of Objection was received on April 16, 2008 from the owner of the property, Queen’s University. The serving of the Notice of Objection created an appeal to the Conservation Review Board. Objections raised related to elements of the Isabel Bader Centre for the Performing Arts which are now no longer in dispute. As a result, the parties have agreed to conclude the proceeding before the Conservation Review Board through settlement which includes proposed amendments to the designation bylaw as attached. RECOMMENDATION: THAT Council direct settlement proceedings before the Conservation Review Board to the satisfaction of the Legal Services Department and the Commissioner of Sustainability and Growth including execution of minutes of settlement as well as through the adoption of the updated Designation By-law for 390 King Street West as attached as Exhibit ‘B’ as well as all other steps required pursuant to the Ontario Heritage Act. AND THAT a by-law be presented to amend By-Law No. 94-356, “A By-law to Designate 370 King Street West to be of Architectural Value or Interest, Pursuant to the Provisions of the Ontario Heritage Act (Clause 2., report No, 152 1994)”, by deleting the text set out therein and inserting the text set out in Exhibit “B” and also by renaming the bylaw “A By-law to Designate 370 and 390 King Street West to be of Architectural Value or Interest, Pursuant to the Provisions of the Ontario Heritage Act.”

Council Meeting 11 May 3, 2011 51

REPORT TO COUNCIL Report No.: 11-142 May 3, 2011

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AUTHORIZING SIGNATURES:

________________________________________ Cynthia Beach, P.Eng, MCIP, RPP, Commissioner, Sustainability & Growth Group _______________________________________ Gerard Hunt, Chief Administrative Officer

CONSULTATION WITH THE FOLLOWING COMMISSIONERS:

Lanie Hurdle, Community Services N/R

Denis Leger, Transportation, Properties & Emergency Services N/R

Jim Keech, President & CEO, Utilities Kingston N/R (N/R indicates consultation not required)


caylesworth

Commissioner

caylesworth

CAO


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OPTIONS/DISCUSSION: This report relates to one aspect of the development of 390 King Street West as the Isabel Bader Centre for the Performing Arts. The property was once part of a larger parcel owned by the City of Kingston with the civic address of 370 King Street West. This property was designated in 1994 as a having cultural heritage value pursuant to By-law 94-356. The property was subsequently divided with Queens University receiving transfer of what is now known as 390 King Street West with the City of Kingston retaining a portion now described as 370 King Street West. On March 19, 2008, after consultation with the Kingston Municipal Heritage Committee, Council of the City of Kingston approved an update to the designation bylaw to create new separate bylaws for both 370 and 390 King Street West. Council directed service of Notice of Intention to Amend the Designation By-law for both properties as is required by the Ontario Heritage Act. As expected, no Notice of Objection was received in relation to 370 King Street West and the updated description of the heritage attributes of that property were adopted by passage of By-law 2008-106. Notice of Objection was received from the owner of the 390 King Street West, Queen’s University. The serving of the Notice of Objection created an appeal proceeding related to 390 King Street West before the Conservation Review Board as is provided for by the Ontario Heritage Act. The objections raised related to two elements of the property:

• aspects of the former Domino Theatre (see Exhibit “A”, figures 3 and 4), and • the former industrial chimney to the north of the Stella Buck building (see Exhibit “A”, figure 6).

Since the date of the Notice of Objection, issues related to these two elements of the designation of 390 King Street West have been resolved outside of the Conservation Review Board appeal process. Queen’s University has developed and submitted a design for the project on the elements of the Domino Theatre which is in accordance with the proposed amendments to the designation bylaw. Also, on 21 September 2010, pursuant to Report No. 126 of the Kingston Municipal Heritage Committee, Council voted to consent to the application of Queens to alter the property at 390 Kings Street West on certain terms and conditions as recommended by the Committee but refused the recommendation that the chimney be retained. As a result, the parties have agreed to the settlement of all matters before the Conservation Review Board in accordance with the decision of Council through the removal references to the chimney from the updated bylaw. The proposed new text for the Designation Bylaw for 390 King Street West is attached as Exhibit “B” with changes reflecting both the division of the property as well as removal of the chimney. For clarity, a version of the text indicating amendments is attached as Exhibit “C”. EXISTING POLICY/BY LAW: Ontario Heritage Act, R.S.O. 1990, C. O.18. (Province of Ontario) Ontario Regulation 9/06 - Criteria for Determining Cultural Heritage Value or Interest (Ontario) NOTICE PROVISIONS: Notice of Intention to Amend the By-law was provided in 2008 in accordance with the requirements of the Ontario Heritage Act. Notice of Passing of the update By-law will be published in the Kingston Whig Standard, served on the property owners, and served on the Ontario Heritage Trust pursuant to section 30.1(9) of the Ontario Heritage Act. ACCESSIBILITY CONSIDERATIONS: Alternative formats of this report and the exhibits are available on request. FINANCIAL CONSIDERATIONS: N/A



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CONTACTS: Cynthia Beach, Commissioner, Sustainability and Growth 613-546-4291 ext. 1150 Alan McLeod, Senior Legal Counsel 613-546-4291 ext. 1237 Marnie Venditti, Manager, Development Approvals 613-546-4291 ext. 3256 OTHER CITY OF KINGSTON STAFF CONSULTED: None EXHIBITS ATTACHED: Exhibit ‘A’: Photos and maps of the site Exhibit ‘B’: By-law 2011-XXX: “A By-law to Amend By-law No. 94-356 “A By-law to Designate 370 King Street West to be of Architectural Value or Interest, Pursuant to the Provisions of the Ontario Heritage Act (Clause 2., report No, 152 1994)” To Reflect Its Cultural Heritage Value and Interest Exhibit ‘C’: Bylaw version showing amendments.



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Exhibit ‘A’ Photos and Maps of the Site

Figure 1: Location of Property

Figure 2: 2004 Ortho Image of the Property



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\ Figure 3: Domino Theatre (2006)

Figure 4: Domino Theatre (2004)



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Figure 5: Stella Buck Building (2006) Figure 6: Brick Chimney Attached to the Stella Buck Building (2004)



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Exhibit ‘B’ Draft Ontario Heritage Act Designation By-law

BY-LAW NO. 2011-XXX

A BY-LAW TO AMEND BY-LAW No. 94-356 A By-law to Designate 370 and 390 King Street West to be of Architectural Value or Interest, Pursuant to the Provisions

of the Ontario Heritage Act.” TO REFLECT ITS CULTURAL HERITAGE VALUE AND INTEREST

PASSED: , 2011

WHEREAS Section 30.1 of the Ontario Heritage Act provides for the updating of existing designation by-laws; and WHEREAS 370 King Street West was a property owned by the City of Kingston which has now been divided into two parcels known as 370 King Street West and 390 King Street West; and WHEREAS amendment to Bylaw No. 94-356 in relation to the new 370 Kings Street West was and adopted by passage of By-law 2008-106; WHEREAS the cultural heritage values of 390 King Street West, identified within the Building Conservation Master Plan are not reflected within the existing designation by-law; and THEREFORE, the Council of The Corporation of the City of Kingston hereby enacts as follows: 1. To update Clause 1 of By-law 94-356 as follows:

Clause 1. To designate as being of cultural heritage value and significance the following properties in the City of Kingston:

(b) 390 King Street West, the detailed description of which has been attached as “Schedule ‘B’ 2. To rename By-law 94-356 “A By-law to Designate 370 and 390 King Street West to be of Architectural Value or Interest, Pursuant to the Provisions of the Ontario Heritage Act.” 3. This By-Law shall come into force and take effect on the date of its passing. CITY CLERK MAYOR



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Schedule ‘B’ Description and Reasons for Designation

390 King Street West Legal Description: Civic: 390 King Street West Lot/Concession: CON 1 PT LOT 21 PT WATER LOT;RP 13R18458 PARTS 2 TO 6 AND;8 TO 10 Property Number: 101107008000210 Description of Property The 3.34 acre property at 390 King Street West – known also as the Morton Distillery/Brewery and the Sydenham Military Hospital -- is of cultural heritage value not only for its individual character defining elements, but as part of a cultural heritage landscape of an evolving nineteenth century industrial complex, which includes a larger cluster of nearby protected heritage properties such as 370 King St West, 440 King Street West and the remains of the HMS St. Lawrence. The cultural heritage value of the property at 390 King Street West lies in its design and physical values, as well in its contextual and historical associations. Situated between Lake Ontario and King Street West, the property contains two limestone nineteenth century former industrial buildings. Elements that define the property’s design value include the overall cohesion of the individual buildings and their contribution to the form of the entire complex, exemplified by the massing of the Stella Buck building with its long wings on either side of a central tower and the one-storey height and medium-pitched gable roof of the Domino Theatre building. Important architectural details include the generally regular rhythm of door and window openings in the Stella Buck Building; the variety of door and window opening types in the Domino Theatre building, typically a six-over-six window flanked by narrower four-over-four sidelights; the limestone masonry construction of the buildings including voussoired flat arches at openings; and the vestiges of original elements of the buildings including stone corbels and voussoirs at filled-in window and door openings. The property also has value for its significant archaeological resources. Historically, this property is associated with several nationally and locally important individuals and organizations such as James Morton; the Department of National Defence; and the City of Kingston. It is an important landmark on King Street West and on the Kingston Waterfront. Statement of Cultural Heritage Value/ Statement of Significance The cultural heritage value of the property at 390 King Street West lies in its design and physical values, as well in its historical and contextual associations. 390 King Street West’s design/physical value is derived from its importance as the core section in one of the few remaining nineteenth century industrial complexes in Kingston. It is important not only for its individual architectural elements, but also as part of a coherent whole cultural heritage landscape. The property, with its two limestone masonry buildings, represents the centre of a cultural heritage landscape of an evolving nineteenth century industrial complex which was described as the largest brewery and distillery in Upper Canada in the mid-nineteenth century. Each building on the property contributes value to the overall cohesion of the complex in addition to possessing its own individual values. Elements that define the property’s design value include the overall cohesion of the individual buildings and their contribution to the form of the entire complex, exemplified by the massing of the Stella Buck building with its long wings on either side of a central tower and the one-storey height and medium-pitched gable roof of the Domino Theatre building. Important architectural details include the generally regular rhythm of door and window openings in the Stella Buck Building; the variety of door and window opening types in the Domino Theatre building, typically a six-over-six window flanked by narrower four-over-four sidelights; the limestone masonry construction of the buildings including voussoired flat arches at openings; and the vestiges of original elements of the buildings including stone corbels and voussoirs at filled-in window and door openings. Despite the various 20th century renovations, the property can still be


REPORT TO COUNCIL Report No.: 11-142 May 3, 2011 - -

understood as a part of a brewery/distillery complex. The property also has value for its significant archaeological resources. The property’s historical/associative value stems from its association with several nationally and locally important individuals and organizations such as James Morton and the Department of National Defence. Until about 1900, this property was part of the Morton Brewery and Distillery complex. It has a historical association with James Morton, a leading nineteenth century Kingston industrialist and key player in the political and economic history of nineteenth century Upper Canada. After it closed as a brewery and distillery, the property went through several owners. Following the First World War, the buildings were acquired by the Federal government and incorporated into the Sydenham Military Hospital, and later became part of the regional headquarters of the Department of National Defence. In 1968, the property was purchased by the City of Kingston and was used for various community social service and cultural activities. It is an important landmark on King Street West and on the Kingston Waterfront. Strategically, the complex’s proximity to the waterfront was a key aspect of the Brewery/Distillery’s operations; the remains of a wharf once used by the complex is still visible. Description of Heritage Attributes/Character-Defining Elements Elements that define the property’s design value include:

• the overall cohesion of the individual buildings and their contribution to the form of the entire complex; • the massing of the Stella Buck building with long wings on either side of a central tower; • the generally regular rhythm of door and window openings in the Stella Buck Building; • the one-storey height and medium-pitched gable roof of the Domino Theatre building; • the variety of door and window opening types in the Domino Theatre building, typically a six-over-six window

flanked by • narrower four-over-four sidelights; • the limestone masonry construction of all three buildings including voussoired flat arches at openings; • the vestiges of original elements of the buildings including stone corbels and voussoirs at filled-in window and

door openings; and, • the property’s significant archaeological resources.

Elements that define the historical value include:

• the continuing legibility of the site as part of a historical nineteenth century industrial complex; • the association of the property with James Morton, leading nineteenth century Kingston industrialist; • the association of the property with Government attempts to deal with the aftermath of the First World War in

eastern Ontario; and • the historical and current ongoing use of the property for community social service and cultural programs.

Elements that define the contextual value include:

• its core position in a culture heritage landscape which includes its location on the Lake Ontario shoreline and its location near by other protected heritage resources such 370 King Street West, 440 King Street West, known marine and terrestrial archaeological resources, and other surviving elements such as the remains of the waterfront wharf.

• Its role as a landmark on King Street West and on the Kingston Waterfront.



Exhibit ‘C’

Text of Amended Description Indicating Drafting Changes

Schedule ‘B’ Description and Reasons for Designation

390 King Street West (Also known as the J.K. Tett Creativity Complex, the Morton Distillery/Brewery, and the Sydenham Military

Hospital) Legal Description: Civic: 390 King Street West Lot/Concession: Part of Lot 21, Concession 1 and Part of Water Lot in Lake Ontario in front of Lot 21, Concession 1,

in the City of Kingston, County of Frontenac, designated as Parts 2, 3, 4, 5, 6, 8, 9 and 10 on Reference Plan 13R-18458.

Lot/Concession: CON 1 PT LOT 21 PT WATER LOT;RP 13R18458 PARTS 2 TO 6 AND;8 TO 10 Property Number: 101107008000210 Description of Property The 3.34 acre property at 390 King Street West – known also as the J.K. Tett Creativity Complex, the Morton Distillery/Brewery, and the Sydenham Military Hospital -- is of cultural heritage value not only for its individual character defining elements, but as part of a cultural heritage landscape of an evolving nineteenth century industrial complex, which includes a larger cluster of nearby protected heritage properties such as 370 King St West, 440 King Street West and the remains of the HMS St. Lawrence. The cultural heritage value of the property at 390 King Street West lies in its design and physical values, as well in its contextual and historical associations. Situated between Lake Ontario and King Street West, the property contains two limestone nineteenth century former industrial buildings. Elements that define the property’s design value include the overall cohesion of the individual buildings and their contribution to the form of the entire complex, exemplified by the massing of the Stella Buck building with its long wings on either side of a central tower and the one-storey height and medium-pitched gable roof of the Domino Theatre building. Important architectural details include the generally regular rhythm of door and window openings in the Stella Buck Building; the early 20th century industrial brick chimney located on the north side of the Stella Buck Building; the variety of door and window opening types in the Domino Theatre building, typically a six-over-six window flanked by narrower four-over-four sidelights; the limestone masonry construction of the buildings including voussoired flat arches at openings; and the vestiges of original elements of the buildings including stone corbels and voussoirs at filled-in window and door openings. The property also has value for its significant archaeological resources. Historically, this property is associated with several nationally and locally important individuals and organizations such as James Morton; the Department of National Defence; and the City of Kingston. It is an important landmark on King Street West and on the Kingston Waterfront. Statement of Cultural Heritage Value/ Statement of Significance The cultural heritage value of the property at 390 King Street West lies in its design and physical values, as well in its historical and contextual associations. 390 King Street West’s design/physical value is derived from its importance as the core section in one of the few remaining nineteenth century industrial complexes in Kingston. It is important not only for its individual architectural elements, but also as part of a coherent whole cultural heritage landscape. The property, with its two limestone masonry



buildings, represents the centre of a cultural heritage landscape of an evolving nineteenth century industrial complex which was described as the largest brewery and distillery in Upper Canada in the mid-nineteenth century. Each building on the property contributes value to the overall cohesion of the complex in addition to possessing its own individual values. Elements that define the property’s design value include the overall cohesion of the individual buildings and their contribution to the form of the entire complex, exemplified by the massing of the Stella Buck building with its long wings on either side of a central tower and the one-storey height and medium-pitched gable roof of the Domino Theatre building. Important architectural details include the generally regular rhythm of door and window openings in the Stella Buck Building; the industrial brick chimney located on the north side of the Stella Buck Building; the variety of door and window opening types in the Domino Theatre building, typically a six-over-six window flanked by narrower four-over-four sidelights; the limestone masonry construction of the buildings including voussoired flat arches at openings; and the vestiges of original elements of the buildings including stone corbels and voussoirs at filled-in window and door openings. Despite the various 20th century renovations, the property can still be understood as a part of a brewery/distillery complex. The property also has value for its significant archaeological resources. The property’s historical/associative value stems from its association with several nationally and locally important individuals and organizations such as James Morton and the Department of National Defence. Until about 1900, this property was part of the Morton Brewery and Distillery complex. It has a historical association with James Morton, a leading nineteenth century Kingston industrialist and key player in the political and economic history of nineteenth century Upper Canada. After it closed as a brewery and distillery, the property went through several owners. Following the First World War, the buildings were acquired by the Federal government and incorporated into the Sydenham Military Hospital, and later became part of the regional headquarters of the Department of National Defence. In 1968, the property was purchased by the City of Kingston and has since seen multiple useswas used for various community social service and cultural activities. It is an important landmark on King Street West and on the Kingston Waterfront. Strategically, the complex’s proximity to the waterfront was a key aspect of the Brewery/Distillery’s operations; the remains of a wharf once used by the complex is still visible. Description of Heritage Attributes/Character-Defining Elements Elements that define the property’s design value include:

• the overall cohesion of the individual buildings and their contribution to the form of the entire complex; • the massing of the Stella Buck building with long wings on either side of a central tower; • the generally regular rhythm of door and window openings in the Stella Buck Building; • the one-storey height and medium-pitched gable roof of the Domino Theatre building; • the variety of door and window opening types in the Domino Theatre building, typically a six-over-six window

flanked by • narrower four-over-four sidelights; • the limestone masonry construction of all three buildings including voussoired flat arches at openings; • the early 20th century industrial brick chimney located on the north side of the Stella Buck Building; and thethe

vestiges of original elements of the buildings including stone corbels and voussoirs at filled-in window and door openings; and,

• the property’s significant archaeological resources. Elements that define the historical value include:

• the continuing legibility of the site as part of a historical nineteenth century industrial complex; • the association of the property with James Morton, leading nineteenth century Kingston industrialist; • the association of the property with Government attempts to deal with the aftermath of the First World War in

eastern Ontario; and



• the historical and current ongoing use of the property for community social service and cultural programs.

Elements that define the contextual value include:

• its core position in a culture heritage landscape which includes its location on the Lake Ontario shoreline and its location near by other protected heritage resources such 370 King Street West, 440 King Street West, known marine and terrestrial archaeological resources, and other surviving elements such as the remains of the waterfront wharf.

• Its role as a landmark on King Street West and on the Kingston Waterfront.


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