6 March 2008
This draft working paper is the first of a series the Fulford Study Group (FSG) is preparing to inform the public as we examine possible recommendations on objectives and policy to the Trustees as part of the present OCP review on Salt Spring.
Before preparing any recommendations for the OCP, the FSG would appreciate all contributions that add further knowledge of the history of Fulford or identifies issues that need to be addressed. Please do this through the web at www.fulfordstudygroup.blogspot.com or by contact with the FSG members at the weekly meetings occurring through March on Thursday afternoons from 3 to 5 PM at the OAP room in Fulford Hall.
This draft working paper has the following sections:
1. Understanding the Historical Geography of Fulford
2. Issues
3. Background on the Existing and Proposed Objectives and Policy on Heritage Designation in the OCP
4. Proposals for New Objectives and Policy
5. Appendix A - The Province’s Guide to Heritage Planning
1. UNDERSTANDING THE HISTORICAL GEOGRAPHY OF FULFORD
This section is a summary of the February 28th 2008 presentation and discussion session of the Fulford Study Group. For Barbara Lyngard’s full report, please see her paper that is posted on the FSG website.
Barbara Lyngard’s presentation defined the essential core of Fulford starting out with the first three family properties which covered the entire area from the marina to the eastern end of Morningside Rd. and north to the present ends of Sunnyside and Hilltop. Over time they were subdivided, with the 1960 subdivision of the Mollet property ( Sunnyside and Hilltop) noted as “the first major change the village had to deal with”.
Historical homes still in existence and going back to the early 1900s are scattered throughout the area. Throughout its existence the focus of the village has been a dock, shop, restaurant, and post office, within walking distance of all residents.
With exception of a private school that operated out of Kay Caitlin’s house in the 1920’s and 30s, schools, the hall, pub, and churches have been located outside of the village. Fulford Hall and the churches were sited on donated land. They served the greater Fulford Area, which was seen to extend to Cushion Lake Rd.
In discussion the following points/questions were raised.
That character of Fulford depends on the siting and the size of the buildings. The houses were not built to today’s standards. The general feeling expressed was that if Fulford is to “remain the same” then change, if it has to take place at all, should be slow.
2. ISSUES
How should the OCP protect the existing character and the small compact form of building and public space in Fulford Village?
What would be the most effective proposal to protect and restore the heritage character of Fulford village and how will it be administered?
What steps can be taken to prevent significant changes to Fulford while the process of establish a heritage character area is being defined and approved?
3. BACKGROUND ON THE EXISTING AND PROPOSED OBJECTIVES AND POLICY ON HERITAGE DESIGNATION IN THE OCP
The following information has been gathered from sections of the existing OCP and proposals for changes currently being reviewed.
No specific heritage designation exists in the 1998 version or in the current OCP draft, but their is some provision for this in D.1.3.2.4 The Local Trust Committee will encourage the designation and protection of eligible heritage sites under the Heritage Conservation Act.
The proposed OCP states:
D.1.3.2.2 The Local Trust Committee may create a Community Heritage Commission to provide
community advice and assistance for protecting the community's heritage.
With respect to Fulford village, here are some excerpts from the existing OCP:
B.5.3 Fulford Harbour Village Designation
B.5.3.1 OBJECTIVES
B.5.3.1.1 To ensure zoning continues to recognize the village of Fulford Harbour as a local commercial, residential and cultural centre with a unique character.
B.5.3.1.2 To recognize that the village of Fulford Harbour functions as a gateway and primary entry to Salt Spring Island, giving an initial impression of the island's rural character.
B.5.3.1.5 To encourage a form of development in Fulford Harbour Village that is consistent with the traditional small and compact pedestrian scale of the village.
B.5.3.2 POLICIES (Note: there are no directly applicable existing heritage policies)
B.5.3.2.3 Should the Trust Committee consider rezoning applications to create more commercially-zoned land on lots where there is an existing residential building, the Committee should ensure that the proposed commercial use is to take place in the existing structure. The existing structure should be maintained to retain village character.
The Fulford Focus Group made recommendations on heritage in April 2007:
6.0 Heritage Designation
6.1 Policy for a Heritage Conservation District for the core village
6.1.1 Fulford Village, it has often been stated, has a unique and almost indefinable
character which should be maintained. Although it is recognized that “heritage” designation imposes some restraints on the appearance and character of property, it is considered that this designation is essential to preserve this attribute. Careful, practical and considered application of heritage standards should ameliorate an undue burden on the property owner.
6.1.2 It is proposed that the core area of the village as delineated on the map be
designated a Heritage Conservation Area. The area designated would be based on the following criteria:
i. Small scale of the building.
ii. Number of old buildings in the area.
iii. Natural landscaping and tree cover.
iv. Small lot development.
v. Topography with steep slope down to waterfront.
vi. Compactness of development.
vii. View of the Village upon arrival at ferry terminal.
viii. Views in, round and through the Village
This area is not seen just as the old buildings to be preserved, but also the
infrastructure between them. It is a combination of all the above elements. In
assessing the uniqueness and character of Fulford village, Parks Canada’s
“Standards and Guidelines for the Conservation of Historic Places in Canada” will
be used. This sets out the approach to be taken when any intervention of
change is proposed.
It is the whole place that we are considering, not just the buildings. It will require
relaxation of zoning requirements for setback from property lines, for parking
requirements and the use of Appendix A of the 2006 B.C. Building Code as it
relates to heritage and existing buildings. With the use of these tools, it will be
possible to rehabilitate the buildings and structures, to carry out limited infill and
to keep the village a vibrant and economic place.
6.1.3 The designated area of Fulford Village is indicated on the attached map (not shown).
Standards would be as in the current OCP.
6.1.4 It is considered that Heritage Conservation Status is an important tool in maintaining the essential character of the core village. Lack of such status risks the loss of this character.
There is a Heritage Conservation Area established for the Ganges Village Core in the existing OCP “designated according to Section 880 (1) of the Municipal Act to conserve the community's cultural heritage.”
This approach is an alternative to adopting provincial legislation defining a designated area. The OCP defines the requirements without a provincial heritage designation Because there is no Heritage Commission it is evaluated by staff, sometimes with advice from the advisory planning commission. For further details see Salt Spring Official Community Plan Volume 2 Schedule “A” Part F page 41.)
PROPOSALS FOR NEW OCP OBJECTIVES AND POLICY FOR FULFORD
There seem to be several possible choices that need to be examined and compared. that range from embodying guidelines in the OCP document to adopting provincially defined heritage legislation (see Appendix A).
After the FSG receives public comments on this draft, the FSG should provide a comparison of these for review by the Fulford community. Following this review, the FSG can prepare recommendations for public consideration.
APPENDIX A - THE PROVINCE’S GUIDE TO HERITAGE PLANNING
1 Whether or not Fulford Village, however defined, should be officially designated a Heritage Conservation Area is one of the issues the Fulford Study Group must consider. The issue is a sufficiently complex that the Province’s Community Guide, on each and every page, contains the following statement: “This guide is for information and advice only. Local governments looking to implement the heritage conservation tools outlined here should seek legal counsel”. In addition to its sixty-two page Guide, the Heritage Branch indicates it can provide interested communities with far more detailed and much more technical material. Also worth noting is the local government focus of the Guide. There is some mention of Regional Districts but none of the Islands Trust. On the other hand, the relationship between Heritage Planning and OCPs is stressed and the OCP is, of course, on this Island a primary Trust responsibility.
2 Only five pages after a bit of editing, have been reproduced from the Community Guide in this analysis, but the entire document deserves detailed consideration by all those charged with carefully examining the Heritage designation issue. Even this brief extract makes quite clear both the complexities of Heritage designation and the detailed procedures that must be followed. Planning and research is revealed as central to the entire initiative, so much so that the Heritage Branch has a Grants program to which interested communities can apply for funding. For any number of good reasons, the Study group should invite a Heritage Branch representative both to tour Fulford and to speak at a Group meeting.
3 The issue before the Study Group is not whether Fulford Village should at this time be designated a Heritage Conservation area, but whether there is a sufficient case to be made for recommending an examination, over the next number of months and in a manner consistent with existing Provincial laws and guidelines, of both the desirability and the feasibility of Fulford Village being designated as a Heritage Conservation Area.
When do you use it (Heritage Designation)
Heritage designation is applied to property when long-term protection of the property is desired, and it is determined that heritage designation is the most suitable of the long-term protection tools to use in a particular situation. Heritage designation may be enacted with or without the consent of the property owner. Real property may be designated if the property has heritage value or heritage character, or if the designation is necessary to protect a nearby heritage property.
Types of property which may be given heritage designation include:
• a single property,
• part of a property,
• more than one property owned by one or more owners,
• affixed interior features or features identified in the bylaw, and
• landscape features.
How do you use it?
l. Through a process of planning and research, a local government identifies heritage property considered to be worthy of long-term protection.
2. Alternative long-term protection tools are considered.
3. Consultation takes place with the property owner.
4. Local government considers the possible ramifications of designating the property, including the potential requirement to provide compensation to the property owner for any reduction in market value of the property directly attributable to the designation.
5. Local government prepares a report on the property and makes it available to the public. The report must include information regarding:
• the heritage value or heritage character of the property;
• compatibility of conservation with the official community plan;
• compatibility of conservation with the lawful use of the property and adjoining lands;
• the condition and economic viability of the property; and
• the need for financial support.
6. A proposed heritage designation bylaw is prepared, usually by the city clerk or planning department.
7. A public hearing must be held prior to the adoption of a heritage designation bylaw. Notice of the public hearing must be a) published in a local newspaper, and, b) sent to all owners of, owners with an interest in, and occupiers of property proposed to be designated.
8. Within 30 days of approval or defeat of the bylaw, property owners and occupiers must be notified of the outcome.
9. Following adoption of a designation bylaw, notification must be sent to the Land Title Office and the minister responsible for the Heritage Conservation Act.
10. A property owner may apply for compensation within one year of the designation coming into effect. The amount of compensation may be determined by agreement of the owner and the local government, or, if they are unable to agree, by binding arbitration under the Commercial Arbitration Act. If a property owner waives the right to compensation, the local government prepares a waiver form and has it signed by the property owner and local government officials.
11. Heritage designation may be rescinded by bylaw.
Local Government Compensation for Heritage Designation
What is it?
Compensation for heritage designation is payment by local government to owners of designated property where heritage designation is proved to cause a reduction in the market value of a property at the time of designation. Compensation may be monetary, or may take some other form such as the provision of technical advice. Owners may choose to waive the right to compensation at the time of designation.
What does it do?
Compensation is intended to provide fair payment to a property owner for any loss in market value that is a direct result of the heritage designation of his or her property.
When do you use it?
Only those owners whose property market value is reduced as a direct consequence at the time of heritage designation are eligible to apply for compensation. Further, the property owner must apply for the compensation within one year of the designation.
How do you use it?
l. A local government proposes to designate a heritage property.
2. Discussions take place between the local government and the property owner regarding the amount of compensation, if any, that may be required for a loss in property market value resulting from the heritage designation. If the designation is voluntary, or if no loss is anticipated, a waiver for compensation is prepared by the local government and is signed by both parties.
3. If an owner makes application for compensation, and if an agreement regarding the amount of compensation cannot be reached between the local government and the property owner, either party may call for arbitration under the Commercial Arbitration Act to determine the ‘value’ of compensation. Arbitration may be called either prior to, or following, the enactment of the designation bylaw.
4. A property owner may only apply for compensation within one year of the designation coming into effect.
Heritage Conservation Area
What is it?
A heritage conservation area is a distinct district with special heritage value and/or heritage character, identified for heritage conservation purposes in an official community plan.
What does it do?
A heritage conservation area is intended to provide long-term protection to a distinctive area which contains resources with special heritage value and/or heritage character. A heritage conservation area can provide protection to all or some of the properties in a heritage conservation area. Properties that are to be protected must be specifically identified in the bylaw.
In a heritage conservation area, a property owner may not do any of the following without a heritage alteration permit:
• subdivision of a property;
• addition of a structure or addition to an existing structure;
• construction of a new building; or
• alteration to a building, structure, land, or feature.
When do you use it?
A local government establishes a heritage conservation area when it has identified a distinctive area which it feels should be managed by long-term protection. Establishing a ‘heritage conservation area’ is not an appropriate tool for a single site.
How do you use it?
1. Through a process of planning and research, a community identifies a distinctive area that it determines should be managed by long-term heritage protection.
2. Local government, in consultation with the area property owners, agrees that a heritage conservation area is the best tool to provide long-term protection.
3. Local government consults with area property owners regarding the control mechanisms (including design controls) which may be included in the bylaw.
4. Local government prepares a bylaw to amend the official community plan to identify the heritage conservation area.
The bylaw must include:
• a description of the special features or characteristics which justify the establishment of a heritage conservation area,
• the objectives of the heritage conservation area, and
• guidelines for how the objectives will be achieved
The bylaw may also:
• identify circumstances for which a permit is not required, and
• include a schedule listing the protected properties in the area, and identify features or characteristics that contribute to the heritage value or heritage character of the area.
5. At least ten days before a public hearing is held to discuss the amendment, local government notifies all owners of property listed on the heritage conservation area schedule.
6. Local government adopts the heritage conservation area bylaw.
7. Local government notifies the Land Title Office and the minister responsible for the Heritage Conservation Act of the adoption of the heritage conservation area bylaw, as well as any additions or deletions that may be made to the heritage conservation area schedule.
Example
A community identifies a neighbourhood that it believes warrants long-term heritage protection. Following local government consultation with the property owners in the area, it is agreed that a number of historic structures, buildings, and landscape features should be protected by the creation of a heritage conservation area in the community's official community plan.
Local government prepares a bylaw outlining a description of the special features or characteristics which justify the establishment of the heritage conservation area, the objectives of the heritage conservation area, and guidelines for how the objectives will be achieved. The bylaw also includes a schedule to the official community plan that lists those structures, buildings, and landscape features which are specifically protected by the heritage conservation area.
Local government notifies property owners in the area and holds a public hearing regarding the bylaw. Council adopts the bylaw, and notifies the Land Title Office and the minister responsible for the Heritage Conservation Act.
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