HomeMy Public PortalAboutPublic Hearing - Heritage Designation Bylaw 1407 -
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TOWN OF OLIVER
Public Hearing Meeting Agenda
March 14, 2022, at 7:00 PM
in Council Chambers
Page
A. CALL TO ORDER
B. STATEMENT OF THE CHAIR
C. BYLAWS
1. Heritage Designation Bylaw 1407 (Fairview Jail)
- Director of Development Services report attached
Heritage Designation Bylaw 1407 (Fairview Jail)
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D. ADJOURNMENT
1. Adjourn
REGULAR OPEN COUNCIL REPORT
Development Services Department
For the March 14, 2022 Council Meeting
DATE: March 14, 2022 File No.
TO:
Mayor and Council
FROM:
Randy Houle, Director of Development Services
RE:
Heritage Designation Bylaw 1407 (Fairview Jail)
RATIONALE:
The purpose of this report is to introduce Heritage Designation Bylaw 1407, which will
designate the Fairview Jail as a heritage building as per Section 611 of the Local Government
Act.
OPTIONS:
1. Council may choose to support the recommendation.
2. Council may choose not to support the recommendation.
3. Council may choose to refer back to staff for additional information.
RECOMMENDATION:
That Heritage Designation Bylaw 1407 be read a third time and adopted.
General:
Organizational:
Financial:
Legal/Statutory Authority:
Part 611 of the Local Government Act includes provisions for
heritage designation protection:
ITEM C. - 1.
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(1) A local government may, by bylaw, on terms and conditions
it considers appropriate, designate real property in whole or in
part as protected under this section if the local government
considers that
(a) the property has heritage value or heritage character,
or
(b) designation of the property is necessary or desirable for
the conservation of a protected heritage property.
(2) A heritage designation bylaw may do one or more of the
following:
(a) apply to a single property or to part of a property;
(b) apply to more than one property, including properties
owned by different persons;
(c) apply to affixed interior building features or fixtures
identified in the bylaw;
(d) apply to landscape features identified in the bylaw;
(e) establish policies or procedures regarding the provision
of financial or other support for the conservation of the
heritage property;
(f) specify types of alterations to the property that are
allowed without a heritage alteration permit;
(g) establish policies regarding the issuance of heritage
alteration permits in relation to property covered by the
bylaw.
(3) Except as authorized by a heritage alteration permit or
allowed under subsection (2) (f), a person must not do any of
the following:
(a) alter the exterior of a building or other structure
protected under this section;
(b) make a structural change to a building or other
structure protected under this section;
(c) move a building or other structure protected under this
section;
(d) alter, remove or take an action that would damage an
interior feature or fixture that is identified under
subsection (2) (c);
(e) alter, remove or take an action that would damage a
landscape feature that is identified under subsection (2)
(d);
ITEM C. - 1.
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(f) alter, excavate or build on land protected under this
section.
Strategic Plan:
Community Enhancement
BACKGROUND:
The Town's Heritage Procedure Bylaw 1395 establishes procedures for heritage designation
bylaws which include Staff reviewing the request and forwarding to the Community Heritage
Society to evaluate and provide a recommendation to Council. Given that the request stemmed
from the Society via the attached letter, Staff did not see the necessity to seek an additional
recommendation from the Society.
As per Section 612 (5) of the Local Government Act, the following items must be met as part of
preparation of a Heritage Designation Bylaw:
(5) The local government must have a report prepared regarding the property to be designated
that includes information respecting the following matters:
(a) the heritage value or heritage character of the property;
• A Statement of Significance has been attached, which was completed by the Oliver &
District Heritage Society. In terms of heritage value or character, it states that the
significance of the Fairview Jail lies in its historic, aesthetic, cultural, social and s cientific
values particularly in its working history, it's use as a museum exhibit space, it's
purpose-built architecture and it's unique construction method.
(b) the compatibility of conservation with the official community plan and any other community
planning objectives in the area in which the property is located;
• Section 13.1 of the OCP (Objectives of the Administrative, Institutional and Cultural land
use areas) states that the Town will work cooperatively with partners, including the
Oliver and District Heritage Society to identify and enhance the Town of Oliver's
heritage assets. Formally protecting the Fairview Jail would be a continued step in this
direction.
(c) the compatibility of conservation with lawful uses of the property and adjoining lands;
• The Fairview jail has been used as a heritage tourism asset in this location since 1981,
and the adoption of the bylaw will not alter the use. It is also located on the same
property as the heritage designated museum building (formerly the B.C. Police Station).
ITEM C. - 1.
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(d) the condition and economic viability of the property;
• The property is in fair shape and is municipality owned.
(e) the possible need for financial or other support to enable appropriate conservation.
• Section 613 (1) of the Local Government Act states:
(1) If a designation by a heritage designation bylaw causes, or will cause at the time of
designation, a reduction in the market value of the designated property, the local
government must compensate an owner of the designated property who makes an
application under subsection (2),
(a) in an amount or in a form the local government and the owner agree on, or
(b) failing an agreement, in an amount or in a form determined by binding
arbitration under subsection (4).
• In this case, the property is municipal owned and therefore financial support is not
applicable.
In summary, the heritage qualities of the Fairview Jail lend itself to being designated a heritage
building under the Local Government Act.
PUBLIC PROCESS:
Notice of the March 14, 2022 Public Hearing was provided to the Heritage Society and was advertised in
two editions of the local print newspaper.
COUNCIL REPORT/RESOLUTION HISTORY:
The following resolution was passed at the February 28, 2022 Regular Open Council Meeting:
R-63/2022 It was MOVED and SECONDED
That Council give first and second reading to Heritage Designation Bylaw 1407; and
That the holding of the public hearing be scheduled for March 14, 2022; and
That Staff give notice of the public hearing in accordance with the requirements of the
Local Government Act.
ITEM C. - 1.
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CARRIED
The following resolution was passed at the October 12, 2021 Regular Open Council Meeting:
R-258/2021 It was MOVED and SECONDED
That Council direct staff to undertake the process to formally protect the ca. 1896 Fairview
Jail located at 474 School Avenue through a heritage designation bylaw.
CARRIED
Respectfully Submitted:
______________________________________
Randy Houle
Director of Development Services
Approved By: Department: Status:
Ed Chow, Chief Administrative Officer Approved - 04 Mar 2022
Attachments:
Letter to Town Council- Heritage Designation Request
Historical Background for Fairview Jail -final
1407 - Fairview Jail - Heritage Designation Bylaw
Faiview Jail Statement of Significance- Final
ITEM C. - 1.
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Oliver & District Heritage Society
PO Box 847, 430 Fairview Road
Oliver, BC V0H 1T0
www.oliverheritage.ca
Mayor Johansen and Council
Town of Oliver
P.O. Box 638
Oliver B.C. V0H 1T0
7 September, 2021
Dear Mayor and Council,
The Oliver and District Heritage Society requests the Town of Oliver formally protect the ca. 1896
Fairview Jail located at 474 School Avenue with a heritage designation bylaw.
The Fairview Jail is generally recognized as the oldest, externally unmodified building in the greater
Oliver area. Early references indicate its existence in the early 1890s just as the new gold rush town of
Fairview was beginning to attract permanent settlement. When the gold rush subsided, it remained in
place to be used informally for many different things. However, by the late 1970s vandalism was taking
a heavy toll and, rather than see it destroyed, the newly formed Oliver Heritage Society relocated it to a
safe location, fittingly adjacent to Oliver’s first jail. Volunteers moved and stabilized the building,
restored the exterior and, over time, slightly reconfigured the interior to provide additional exhibit
space for the adjacent Oliver Museum.
The Fairview Jail continues to serve the community well. Volunteers have been central to its ongoing
maintenance and adaptive use and visitors appreciate what the Jail has to offer in terms of exhibits and
programming. The Oliver and District Heritage Society believes that formal protection is important to
ensuring this modest yet irreplaceable heritage building continues to be recognized, respected, and
valued for its significant historic value.
The Jail is situated on municipally-owned land immediately beside the 1924 B.C. Police Station, a
protected heritage building (see Oliver Village Council designation Bylaw 376, 21 April, 1980). The
Fairview Jail is not covered under the existing bylaw because it was moved onto its current location for
safe-keeping several years after this bylaw was approved.
We thank you for your support in moving this matter forward.
Sincerely,
Vance Potter, President
Cc: Rick Knodel, Area C Director, R.D.O.S.
ITEM C. - 1.
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Historical Background – Fairview Jail
Built ca. 1896 as a lockup and office for the B.C. Provincial Police constable, the Fairview Jail is credited
with being the South Okanagan’s oldest remaining example of a purpose-built government structure.
The jail’s architectural styling reflects its time and place as well the economic uncertainties associated
with the many short-lived mining booms happening throughout B.C during the 1890s. Circumstance
prompted the construction of this modest, dual-purpose building, using locally-sourced materials, as
both a jail and an office for the lone police officer. The decision to provide policing services to this area
reflects that mining activity was beginning to attract permanent, non-native settlement in the region.
Special Constable Frederick Elkins served as Fairview’s first police officer from 1897-1899. He and the 20
or so officers that were to follow between 1899 and 1927 worked in this small building with its two cells
and front office. Serious crime was minimal, drunk miners more the norm. Because of the proximity to
the U.S border, duties associated with controlling smuggling and enforcing various provincial and federal
statutes were commonplace. By the beginning of WW1, both mining and the need for onsite policing
were in decline. So was the need for a jail and full-time staffing. Use of the jail became inconsistent. The
establishment of Oliver in the early 1920s saw the Fairview Jail abandoned and policing services re-
located.
In the ensuing years, the empty but easily-accessible building was used casually as a granary, a cattle
shed, a temporary shelter by itinerants or a hangout for local youth. The Province of BC erected a stop
of interest sign in the late 1950s. When vandalism began taking a toll, concern grew that this last
standing building in Fairview would be irretrievably damaged. Volunteers and local donors associated
with the newly-formed Oliver Heritage Society reluctantly decided to move the jail into Oliver for
safekeeping on February 19, 1981 and located it beside the Town’s newly-acquired 1924 BC Police
Station. The Fairview Jail was put on a permanent foundation, the exterior wood restored, and the
interior slightly re-configured for adaptive use as museum exhibit space.
ITEM C. - 1.
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TOWN OF OLIVER
BYLAW 1407
A Bylaw to protect the heritage value of the Fairview Jail
WHEREAS the Council of the Town of Oliver considers the building currently known
as the “Fairview Jail,” located at 474 School Avenue, to be a building with heritage
value and that the designation of the building as a heritage site pursuant to Section
611 of the Local Government Act is desirable for the conservation of the building;
NOW THEREFORE, the Council of the Town of Oliver enacts in open meeting as
follows:
The building currently known as the “Fairview Jail,” situated on lands legally described
as Lots 23 and 24, District Lot 2450S, SDYD, Townsite of Oliver, located at 474
School Avenue, is hereby designated a Heritage Building pursuant to Section 611 of
the Local Government Act.
Part 1: Citation
1.1 This Bylaw may be cited as “”Fairview Jail Heritage Designation Bylaw 1407.”
Part 2: Severability
2.1 If any section, subsection, sentence, clause or phrase of this Bylaw is for any
reason held to be invalid by a decision of a court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Bylaw.
Part 3: Definitions
3.1 In this Bylaw:
“Heritage Alteration Permit” means a permit authorizing alterations or other
actions in relation to protected heritage property under Section 617 of the Local
Government Act.
3.2 All references to a bylaw or enactment in this Bylaw refer to that bylaw or
enactment as it is in force from time to time.
ITEM C. - 1.
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Part 4: General Prohibitions
4.1 Except as authorized by this bylaw or as authorized by a Heritage Alteration
Permit, approved by Council, no person shall:
(a) alter the exterior of the building designated by this bylaw, including any
exterior façade, roof structure or roofing.
(b) make a structural change to the building designated by this bylaw.
(c) move any building designated by this bylaw.
Part 5: Exemptions
5.1 The following alterations to the designated building is hereby authorized without a
Heritage Alteration Permit:
(a) non-structural renovations or alterations to the interior of the building or
structure that do not alter the exterior appearance of the building designated
by this bylaw.
(b) ordinary non-structural repairs and maintenance that do not alter the exterior
appearance of the building designated by this bylaw and that conform to
acceptable heritage conservation principles and practices.
Part 6: Reconsideration
6.1 An applicant or owner, whose application for a Heritage Alteration Permit for
alteration of the building designated by this bylaw has been considered, may
apply for a reconsideration of the matter by Council, and such reconsideration
shall be without charge to the applicant or owner.
Read a first and second time on the 28 day of February, 2022.
Public hearing held on the __ day of _________, 2022.
Read a third time on the __ day of _________, 2022.
Adopted on the __ day of _________, 2022.
_________________________________________________________________
Mayor Corporate Officer
ITEM C. - 1.
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Statement of Significance for the Fairview Jail
Site Name: Physical Address:
Fairview Jail 474 School Ave., Oliver B.C.
Description of Building:
Located off of the main street in Oliver, British Columbia, the Fairview Jail is a one-story square building
constructed with laminated fir 2” x 4” boards stacked horizontally in a planking construction style with
whitewashed wooden drop siding, and a moderately sloped dark brown pyramidal hipped shake roof.
Originally built as a lockup and jail for the mining town Fairview, it was moved to its current location
behind the Oliver & District Museum to currently contains interpretive exhibits; and therefore, the
historic place is confined to the building footprint.
Heritage Value of Site:
The significance of the Fairview Jail lies in its historic, aesthetic, cultural, social, and scientific
values particularly in its working history, it’s use as a museum exhibit space, its purpose-built
architecture, and its unique construction method.
ITEM C. - 1.
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The building is historically valued because it was built in c. 1896 and was used by the BC Police
as the main jail and lockup for the Fairview Townsite until the 1920s, after most residents had moved to
the newly developed community of Oliver. In the ensuing years, the empty but easily accessible building
was used casually as a granary, cattle shed, a temporary shelter by itinerants or a hangout for local
youth. On February 19, 1981, after acts of vandalism continued to cause it damage, the jail was moved
to its current location behind the Oliver & District Museum for safekeeping by the Oliver Heritage
Society.
Aesthetically, the Fairview Jail is credited with being the South Okanagan’s oldest remaining
example of a purpose-built government structure, built using locally sourced materials, consisting of a
modest two cells and a front office. The jail’s architectural styling reflects its time and place as well the
economic uncertainties associated with the many short-lived mining booms happening throughout B.C
during the 1890s.
It is socially and culturally valued by the community as being one of three buildings that remain
standing in its original form that came from, was built for, and represent the former Fairview Townsite
and its history as it is now used as an adaptive museum exhibit space.
The scientific value of the Fair Jail is expressed through its unique plank-on-plank construction
method and remains one of the few examples of this type of structural building in British Columbia.
Character Defining Elements:
The character defining elements of the Fairview Jail include:
Architecture:
• An unpretentious, sturdily built and modestly sized square wooden structure built of laminated
fir 2” X 4” s, likely locally sourced, and whitewashed
• Horizontal stacked milled planking construction method, unusual in B.C. building methods
• The moderately sloped pyramidal hipped roof sheathed with wood shakes
• Wood drop siding sporting a simple and common profile typical of housing of the late Victorian/
post WW1 eras
• Iron-barred windows of varying size and placement in 3 of the four sides of the structure
• Front-facing heavy laminated wooden door
Siting:
• Prominent location as part of the town center complex
• Adjacency to Oliver’s 1924 Oliver BC Police Station, a designated structure and the current home
of the Oliver & District Museum
Social:
• Ongoing use as an interpretive museum exhibit space
ITEM C. - 1.
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