Walkerville Heritage Conservation District Study

A Heritage Conservation District (HCD) – defined under Part V of the Ontario Heritage Act – is a geographically defined area within a municipality that is noted for its distinct heritage character. Through the adoption of a plan, guidelines, or policies, a municipality is able to guide future change of the district area.

Walkerville is currently not a Heritage Conservation District (HCD) as recognized by Ontario laws. The Study is intended to evaluate the heritage resources within Walkerville and its merits to become a HCD as well as alternative Planning tools. The conclusion of the study including Community input through the Public Engagement results would be brought forward to Windsor City Council.

A Heritage Conservation District (HCD) is defined under Part V of the Ontario Heritage Act as a "geographically defined area within a municipality that is noted for its distinct heritage character". A HCD is established through a by-law adopted by a municipality, and must be registered with the Ontario Heritage Trust.

A Heritage Area is defined in the City of Windsor Official Plan as an "area or neighbourhood where there are collections of important heritage resources". The Official Plan policies promote the enhancement and maintenance of heritage resources, but are not regulated or enforceable through permits. A heritage area does not have the same legal status as a HCD.

• Windsor City Council directed for the initiation of a new Walkerville HCD Study in July 2019 (through CR 334/2019).
• In July 2022, City Council adopted the Walkerville Districting Plan, which included a recommendation to explore the creation of a Walkerville HCD.
• In November 2022, the Province of Ontario announced the Royal Assent of “Bill 23, More Homes Built Faster Act”. A provision within Bill 23 was for municipal governments across Ontario to evaluate all Listed properties on their Municipal Heritage Register to either determine if they should be designated under Part IV of the Ontario Heritage Act, or be stripped of their Listed status and removed from the Heritage Register. The deadline for action of the Heritage Register clean-up was January 1, 2025.
• Bill 23 was a major trigger for City Council to direct Administration to commence the Walkerville HCD Study process as a priority. A large geographic cluster of Listed properties are in Walkerville. There are currently approximately 52 individually designated and 292 listed heritage properties within the study area boundary, which was a preliminary indicator of the heritage potential of the neighbourhood to be designated as a HCD under Part V of the Ontario Heritage Act.
• The HCD Study also reinforces other initiatives that City Council has endorsed, not just the Walkerville Districting Plan but also the Main Streets Community Improvement Plan that provides financial incentives for eligible properties along Wyandotte Street East.

• We hope to bring this study forward to Heritage Committee and City Council in the first quarter (Q1) of 2025. It will be up to City Council to make a final decision on whether we should continue with Stage 2 of the project or explore other options. The Stage 2 (Plan and Guidelines) of the project in MRLA’s experience may take approximately one to two years to complete after being initiated by City Council.

• All properties within the recommended boundary were evaluated based on criteria set out by the Province through the Ontario Heritage Act, O.Reg. 9/06.
• Properties that meet at least 2 out of the 9 criteria are categorized as contributing.
• Our team of researchers looked at each property, conducted site visits, undertook historical research (including city directories, historic newspapers, fire insurance plans, historical photographs, and obituaries) to come up with a preliminary assessment. That is one of the reasons why the project took so long from Kick-off to Draft Recommendations today.
• Not all properties within the recommended boundary are contributing, based on the preliminary assessment.

Properties must meet at least 2 of the 9 criteria per OHA O.Reg. 9/06 to contribute to a HCD:

The properties have design value or physical value because:

1. They are rare, unique, representative or early examples of a style, type, expression, material or construction method.

2. They display a high degree of craftsmanship or artistic merit.

3. They demonstrate a high degree of technical or scientific achievement.

The properties have historical value or associative value because:

4. They have a direct association with a theme, event, belief, person, activity, organization or institution that is significant to a community.

5. They yield, or have the potential to yield, information that contributes to an understanding of a community or culture.

6. They demonstrate or reflect the work or ideas of an architect, artist, builder, designer or theorist who is significant to a community.

The properties have contextual value because:

7. They define, maintain or support the character of the district.

8. They are physically, functionally, visually or historically linked to each other.

9.They are defined by, planned around or are themselves a landmark.

• 25% at 2/9 means that 25% of the properties within the HCD boundary must meet at least 2/9 criteria for designation under O.Reg. 9/06.
• 30% at 3/9 means that 30% of the properties within the HCD boundary meet at least 3/9 criteria. This was MRLA’s suggested approach to ensure that the boundary and recommendations are sound in meeting legislative requirements.

• The boundary was kept smaller to ensure compliance with provincial requirements, specifically the 25% of properties meeting 2/9 criteria.
• A smaller initial boundary allows for potential future expansion, which is procedurally easier than reducing a large boundary particularly should the boundary be appealed at the Ontario Land Tribunal.
• Properties outside of the recommended boundary but within the original study area with potential for individual designation under Part IV of the Ontario Heritage Act are included in Appendix E for consideration.

• The recommended boundary is a large geographic area, and naturally there are parts of the overall neighbourhood that have a slightly different character from each other. The four sub-areas were determined based on common historical theme, time of development, physical attributes, etc.. A good analogy for this would be the same person (the recommended boundary) with four different aspects of their personality (the sub-areas).

• The preliminary findings have been condensed into a summary table listing all properties within the recommended HCD boundary (including their current heritage status, contribution status, and a tally of which – if any – criteria under O.Reg. 9/06 they meet).
• This summary table is available in Appendix D and can be accessed online through the "Let’s Talk Windsor" webpage. Should Heritage Committee and Council decide to proceed to Stage 2 of the HCD project, the project team will make revisions, refinements, and clean-ups to the preliminary property-specific research documents. A part of the Stage 2 workplan, if pursued, will be to publish the property sheets with a statement of how they meet the criteria.

• The requirements under the Ontario Heritage Act require us to demonstrate only properties within the recommended boundary meet the criteria of 2/9 at 25%. Therefore, Appendix D only includes properties within the recommended boundary.
• Information about properties in the study area that are outside of the recommended boundary will not be published.

• The City of Windsor offers a Historical Research Guide for property owners. It is a compilation document with hyperlinks and directions to different contacts or resources that may assist a property owner in finding more about the history of their property. The Historical Research Guide is applicable whether the property in question is within the Walkerville recommended HCD boundary area or across the City of Windsor geographic municipal boundary. It is public, free, and anyone interested can use it.
• The Historical Research Guide is available on our City Heritage webpage, at the bottom of the page under the subheading "Historical Research on Properties".

https://www.citywindsor.ca/residents/planning/Plans-and-Community-Information/Know-Your-Community/Heritage-Planning/Pages/Resources-for-Heritage-Property-Owners.aspx

• A HCD recognizes and celebrates the historical and cultural value of an area through research and documentation of the history and cultural heritage resources of the neighbourhood. This helps identify what resources are of value for recognition and preservation.
• Through the adoption of a HCD Plan and Design Guidelines, a HCD can provide clear direction on how change (e.g., new development, infill) is managed in ways that respect and are compatible with the existing heritage character.

• A HCD Plan helps to remove subjectivity, risk, and uncertainty. Having clear direction of what the HCD is and what it controls helps to focus conversations.
• Administration will have clear policy tools and guidance. Property owners, investors, and developers will have a clear understanding of what is permitted and encouraged.
• A recommendation of the HCD study is to provide delegated authority to City Staff/Administration to process and approve heritage permit applications, which will speed up the process and reduce bureaucratic steps.

• Phase 2 of the project, if pursued, would explore what our recommendations are for regulating contributing versus non-contributing properties. Most likely, they would be regulated differently. A non-contributing property may have less requirements and be more similar to a demolition control. Replacements and alterations for non-contributing properties may be more streamlined than for contributing properties.

• The Planning Act, through tools like Official Plan policies, land designations, and zoning by-laws, provides controls over development applications, heights, density, etc.. The HCD would be a tool to help ensure that new developments or proposals, including mid- to high-rise structures, are compatible and respectful of the heritage neighbourhood and HCD. It does not necessarily preclude it, but it allows for a conversation on how it can be done.
• There are numerous adaptive reuse examples across Ontario, Canada, and the United States of existing historical high rise structures being repurposed. A fantastic local example is the Club Lofts at 2175 Wyandotte Street East, which were previously Walkerville Distillery storage buildings.

• A HCD is a tool to manage change. A HCD is not intended to restrict a property owner’s rights and abilities to do minor changes or upkeep to their property.
• A HCD Plan outlines how exterior changes to a property would be managed to enhance and preserve the neighbourhood's unique character in a compatible and respectful manner (with no impact to the interior of properties).
• Property designation, whether under Part IV (Individual) or Part V (HCD) generally regulates exteriors of buildings and structures. Interiors are very rarely regulated or included in a designation.
• Through the Plan and Guidelines stage, we would work with the community members to determine what they value and what they want in terms of degree of regulation, so that we can help protect those features and characters through the process of change.
• The community and residents typically have a strong understanding of what they think fits and what they think does not in the neighbourhood. Should the project progress to Stage 2, we would be excited to collaborate with the community in the preparation of the Guidelines.

This can be addressed in Stage 2 of the project. Potential guidelines may allow for energy-efficient upgrades while respecting the property’s heritage features.

• No. Studies province-wide on this topic have found that properties within a HCD either hold their value or increase in value after being part of a HCD boundary. HCD designation can have a positive association with property values.

Refer to Studies:

• Heritage Designation and Property Values: Is there an Effect?, 2000. International Journal of Heritage Studies 6(1):83-100.
• "The Economic Value of Heritage Districts: How Assessment Growth in Heritage Conservation Districts Compares With Non-designated Areas in Hamilton", 2016. Urban Insights bulletin, CivicPlan.
• "Investigating the Impact of Heritage Property Designation on Real Estate Value"(External link). 2023. McMaster University Researchers.

• No, the City will not require it. If it is the desire of the property owner and they have documentation of the property’s original state (appearance, materials, colours, etc.)., then by all means that is the will of the property owner.
• However, with regards to Parks Canada’s Standards & Guidelines for the Conservation of Historic Places in Canada, the best practice is always to preserve and restore rather than to replace.

• There are over 130 HCDs across Ontario, and each one is slightly different. There is no one-size-fits-all or copy-paste exercise for HCD studies.
• The first HCD by-law adopted in Ontario was established in Mississauga in 1981, called the Meadowvale Village HCD. MRLA worked on the Barriefield HCD in 1981, which was the second HCD designated after Meadowvale Village.
• MRLA has worked most recently with Lindsay (and the Trent–Severn Waterway project), Wellington (in Prince Edward County), and Niagara-on-the-Lake.
• In a study from the University of Waterloo about HCDs across Ontario, approximately over 70% expressed satisfaction with their designation and not only how it positively affected their properties but the area as a whole.