Heritage Conservation District officially passed

After years of it being talked about, a Heritage Conservation District (HCD) is a reality in Amherstburg.

The HCD was officially passed at the June 24 meeting of town council. This round of discussions started back on March 9, 2023, when the town’s heritage committee endorsed the HCD study area for Amherstburg. Town councilawarded McNaughton Hermsen Britton Clarkson Planning Limited (MHBC) the consultation services March 27, 2023 and work proceeded from there with workshops, meetings and open houses. It culminated with the adoption of the bylaw at the most recent meeting.

“The Heritage Conservation District provides council, and the community, the ability to permit developments within the HCD Area through the Ontario Heritage Act. This process is separate from the site plan control process and allows the community to provide input into the way that developments look within the designated area,” said the town’s heritage planner Adam Coates in his report to council. “There is a risk that without the HCD, the community will see contemporary design within the heritage core of the Town, and potentially see the erosion of the historical charm of each of the identified character districts. The HCD can help protect the cultural heritage elements which make Amherstburg a desirable place to live, invest, and attracts tourist from around the region.”

The town issued a press release last Wednesday afternoon touting the creation of the HCD, calling it “a historic milestone in the community’s long-standing effort to preserve its architectural legacy and cultural identity.”

The approval was also described by the town as aligning with council’s Community Strategic Plan goal of “preserving our past, while forging our future.”

Mayor Michael Prue noted the idea of a heritage district in Amherstburg dates back over four decades.

“This has been a long time coming,” he said. “After 46 years and two previous attempts, council is proud to finally see this vision realized. The Heritage Conservation District will ensure Amherstburg’s unique character and stories are preserved even as we plan for future growth.”

The passage of the plan has met with opposition, with some residents voicing concern at a planning meeting in May over what it could mean for their properties and businesses and called for inclusion into the HCD to be optional. Other residents said they were supportive of an HCD at the May meeting.

Town council was not unanimous June 24, as the bylaw passed but by a 6-1 vote.

Councillor Diane Pouget, who voted against the motion, said she supports an HCD so that people can’t tear down their houses and build something “unreasonable.” She referenced a debate earlier in the meeting on the sign bylaw and called for the issue to be deferred until a public open mic session can be scheduled.

“The proposed Heritage Conservation District is too ambiguous,” she believed. “There are not enough details concerning the restrictions on homes and businesses in that district. There was insufficient participation to change such a large area to be designated as heritage.”

Pouget said “it is quite obvious” the general public is not aware how an HCD would impact how they could sell or maintain their homes or businesses. She added there is no “definitive financial incentive that administration is using as a selling point,” she said.

“For the past ten years or more, the Town of Amherstburg has assured their taxpayers that Belle Vue would be restored to its original glory, the building of two hotels were imminent, build a new pool and baseball diamonds with the $2.4 million from the sale of the south portion of Centennial Park to the (Greater Essex County District) school board, that Centennial Park would be fully restored, that the Duffy’s property would be a beautiful extension of Navy Yard Park, there would be a transient marina, we would pursue a boat ramp at Ranta Park, there would be no taxes increases but there was ten per cent in two years,” Pouget continued. “So many promises that never materialized. Why would our residents even believe we were even going to pass this tonight?”

Deputy Mayor Chris Gibb, a member of the heritage committee, said there were multiple open houses and mailings to residents in the district. He pointed out the “preserving the past while forging our future” strategic planning goal and said passing the HCD fits that vision.

“We have an incredibly historic downtown and the region around there. The only way we’re going to preserve it is to have a heritage district,” said Gibb.

Gibb added there are examples “time after time of homes that just didn’t fit” and the HCD will help guide what goes in there. 

“Being that we are at the literal last hour, we have to go ahead with this. I fully support it. I think in years in the future, we will be commended for saving what Amherstburg looks like,” the deputy mayor stated.

Councillor Linden Crain “proudly supported” the district, said the HCD helps protect what historic buildings the town has.

“I think with a strong educational campaign that staff has set up already, it’s going to send a clear message to residents that it’s not as restrictive as it may seem when you think of designation,” said Crain. “There’s a lot of exemptions throughout the plan that residents can take advantage of to enhance their property, the front yard, and the rear yard. It doesn’t have any restrictions on interior spaces. I think it was very well thought out.”

Councillor Don McArthur said “it’s been a long and interesting process” and said it was “striking” to see how much history is in town to protect. 

“The Ontario Heritage Act requires you have at least 25 per cent of the properties contributing to the character in order to create a Heritage Conservation District,” he said. “In Amherstburg, the number is more than double that. It’s 63 per cent. There’s a whispering history in our streets. I go for walks all the time. It’s everywhere all the time. It’s ever present. It’s something that attracts people to live here and it’s something that’s going to attract people to keep visiting here.”

McArthur said when it comes to economic development, “our history is our future.” By passing the HCD, the town invests in heritage.

“Bill 23 has taken away our ability to provide influence and input into development," said McArthur. "At risk, if we don’t pass this, are 106 properties of interest and there’s another 79 properties under consideration to be properties of interest. We don’t have the staff, we don’t have the resources and we don’t have the time to run around before the (December 2026) deadline and protect what needs to be protected.”

Bill 23 has been criticized for potentially weakening heritage protections, but positive impacts have been touted by supporters of the legislation as reducing red tape in accelerating housing development and to further increase the province’s housing supply as the Ontario government has a goal of 1.5 million new homes in the province over the next decade.

There was “a good public meeting” on the issue, McArthur added, and also called for an engagement campaign. He acknowledged there are restrictions but restrictions have been in place for the past year with little friction. He also said there are benefits such as increase property values, clarity for property owners, enhanced aesthetic appeal and opportunity for rebates to offset renovation costs.

“That’s part of this motion, to bring back a report about how the people who are living in this HCD can avail themselves of government grants to beautify their home,” said McArthur.

Adaptive re-use in the downtown is happening, McArthur added, citing Hotel STRY and the River Bookshop as examples.

Prue said during the June 24 meeting that he would support the HCD. He said there was a statutory public meeting held on the issue and people had an opportunity to speak.“We heard them speak just a few weeks ago,” said Prue. “That is the meeting that is required by law and it was conducted.”

Prue said when he moved to Amherstburg about “15-16 years ago now,” he learned that a heritage district had been talked about for 31 years at that point. He said it’s now over 40 years that the idea has been around and thanked staff and members of council “for finally getting their heads around this.”

“I know there are things people may not like,” he said. “We can resolve this maybe. The important thing is to go forward with this heritage district now and do it before the laws get changed.”

Prue said the town joined other municipalities in asking the province to have the “ridiculous” deadline extended by a year in order to protect more properties. He called Amherstburg “a unique town” and noted the town’s history with the War of 1812, the Rebellion of 1837-39, and escaping slaves who wanted freedom in Canada. Regarding the latter, many of the houses that were built in that time period are still here, he stated.

“I’m so happy. We should not stand in the way of the preservation of our history,” said PruePrue added: “This is our future. I proudly put my name to it.”

Councillor Peter Courtney said the HCD has been in the works in for decades. He indicated he understood apprehension by those living in the HCD, but the public meeting in May eased his mind.

“It was a lot of fiction, not fact,” he said.

Courtney added an HCD will stop the “erosion” of history in the downtown core and protect the history. He also was critical of the province, stating “(Premier) Doug Ford is the reason why I’m going to push this through. He added “I’m all for more homes and more choice but not in sensitive areas like our downtown core.”

Heritage Conservation District officially passed

By Ron Giofu