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HomeMy WebLinkAboutPSD-034-17 AddendumPlanning Services Addendum Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Council Date of Meeting: June 12, 2017 Addendum to Report Number: PSD-034-17 Resolution Number: File Number: PLN 34.5.4.54, 34.5.4.55, 34.5.4.56 By-law Number: Report Subject: Recommendation to add three properties to the Municipal Register Recommendations: 1.That Report PSD-034-17 and Addendum to Report PSD-034-17 be received; 2.That 282 Liberty Street North be added to the Municipal Register; 3.That 1598 Baseline Road be added to the Municipal Register; 4.That 1738 Bloor Street be added to the Municipal Register; and 5.That all interested parties listed in Report PSD-034-17 and any delegations be advised of Council’s decision. 13.1 Unfinished Business Municipality of Clarington Addendum to Report PSD-034-17 Page 2 Report Overview At the May 23, 2017 Council meeting correspondence was received from Peter Zakarow (Attachment 3), representing the owners of 282 Liberty St. N., in objection to adding 282 Liberty Street North to the Municipal Register. The correspondence was referred to staff to respond to concerns raised in the objection. This addendum report addresses the concerns raised in the correspondence and recommends that the three properties (282 Liberty Street North, 1598 Baseline Road and 1738 Bloor Street) be added to the Municipal Register. 1. Requirements of the Ontario Heritage Act for non-designated properties on the Municipal Register Every municipality in Ontario, under Section 27 of the Ontario Heritage Act, is required to maintain a Municipal Register that lists all formally designated heritage properties. The Register can also include properties that have cultural heritage value or interest but are not yet designated. There are very few requirements under the Ontario Heritage Act when adding non-designated properties to the Municipal Register. Staff outlined the benefits of adding non-designated properties to the Municipal Register in Report PSD-034-17 (see Attachment 2). To add a non-designated property, the Ontario Heritage Act does not require that property owners be notified when Council is considering adding a property or adds a property to the Municipal Register. When adding a property to the Municipal Register the Act requires the municipality have reason to believe a property has cultural value or interest and requires a description of the property that is sufficient to readily locate the property, such as a municipal address. The Ontario Heritage Act provides criteria under Ontario Regulation 9/06 (O.Reg 9/06) for determining cultural value or interest that a property must meet when designating a property under Part IV of the Act. The Act does not require non-designated properties on the Municipal Register to meet the criteria of O. Reg 9/06 rather that the municipality has reason to believe it could meet those criteria. The Act does not require a fulsome description of the property nor the listing of the significant elements of a property. Staff understands that Mr. Zakarow has detailed knowledge of the Ontario Heritage Act and has experience with other municipalities. The Act does not require the detailed procedure outlined in Mr. Zakarow’s letter and municipalities have very different procedures for adding properties to the Municipal Register as outlined in Section 2. 2. Process of Reviewing Properties 2.1 Municipal Examples In 2005 when the Ontario Heritage Act amendments came into effect municipalities took varying approaches to adding non-designated properties to the municipal register. A few municipalities, such as Toronto, created a very detailed process by which they undertake the same or very similar to designating a property. The detailed process generally Municipality of Clarington Addendum to Report PSD-034-17 Page 3 includes engaging property owners at the beginning, inviting them to meet with the municipal heritage committee and staff. In addition, the property is thoroughly researched and assessed using criteria defined in O. Reg 9/06. Recently, Ajax has created a similar process as outlined above. After years of work they have not added any properties to the Municipal Register. They are planning to bring a number of properties forward to their Council for inclusion on the Municipal Register in the future; however, no specific date has been set. Ajax is the best example staff could identify of a similar population size municipality using this process. Ajax municipal staff have invested a significant amount of time and resources to undertake this process. Toronto has heritage staff and resources dedicated to heritage preservation. In contrast, a number of municipalities have taken a different approach when the new provisions of the Act came into effect. Some municipalities, including Markham, Whitby and Guelph, took their existing municipal inventories and added a majority or all the properties to the municipal register. In some examples the number of properties added were in the hundreds. This approach has challenges, as typically there are a larger number of requests to remove properties from the Municipal Register. Requests are made due to properties having been significantly altered over time, some for lack research and some based on the principle that owners do not want to be included on the Municipal Register. 2.2 Clarington’s Approach Clarington’s municipal inventory currently includes approximately 1000 properties. The inventory was created between 1985 and 1990. Some updates have been carried out in the intervening years and a photographic inventory has been developed. A number of buildings on the inventory have been lost to demolition over the years. The Clarington Heritage Committee is in the process of reviewing the inventory and recommends the Municipality use the Municipal Register in a more proactive manner. A sub-committee was created and a heritage building evaluation system adopted by the Heritage Committee. The evaluation system is based on an evaluation system used by Parks Canada, and multiple municipalities including Toronto, Markham, Mississauga and Ottawa. Committee members evaluate the property visible from the public right of way and conduct initial research into the property. The intention is to make ongoing recommendations to Council to add properties to the Municipal Register. The evaluation criteria minimizes subjectivity when reviewing properties. The sub- committee members review the properties individually, including researching local heritage materials, before meeting to provide a collective score for the property. The properties are then presented to the entire committee for discussion and review. The Heritage Committee then determines whether to make a recommendation to Council. Municipality of Clarington Addendum to Report PSD-034-17 Page 4 This approach allows the Committee and staff to review properties in relation to the time and resources available. Full review under the criteria of O.Reg 9/06 would significantly increase the time required for each evaluation and limit the number of properties that could be reviewed in a given year. Given the ongoing development pressures that Clarington’s urban areas are experiencing the Heritage Committee is primarily focusing on properties within the urban boundaries. Staff acknowledges there was an error in the description in Attachment 1 in report PSD- 034-17 (Attachment 2 to this report) with regard to 282 Liberty Street North. The error stated that the property was constructed in the Edwardian style. The property is constructed in the Queen Anne style. Attachment 1 to Report PSD-034-17 have been updated to correct the error when describing the property at 282 Liberty Street North. 3. Notification of Property Owners Staff mailed notice to the property owners of the three properties on May 1, 2017, two weeks prior to the May 15, 2017 Planning and Development meeting where report PSD- 034-17 was considered. Previous Councils had directed staff to notify property owners when a property would be considered by Council for addition to the Municipal Register. The Ontario Heritage Act does not require that property owners be notified when Council is considering adding a property to the Municipal Register. The Ontario Heritage Act leaves the process for communicating with property owners up to individual municipalities. 4. Limitations on Properties on the Municipal Register The addition of a non-designated property to the Municipal Register provides additional protection of the property from demolition, requiring property owners to provide Council with 60 days written notice of their intention to demolish. Adding a property to the Municipal Register does not prevent the owner’s use, enjoyment or right to alter their property. There is no added requirements on the property owner and no additional onus to maintain the property to a higher standard than any other property not on the Municipal Register under the Property Standards By-law. Properties can be removed from the Municipal Register by Council. The properties in the path of the 407 and 418 Highways are examples of when this has occurred recently in Clarington. 5. Concurrence The Municipal Solicitor has reviewed the report and concurs with the process outlined within. Municipality of Clarington Addendum to Report PSD-034-17 Page 5 6. Conclusion The Ontario Heritage Act sets out the requirements for adding non-designated properties to the Municipal Register. The Heritage Committee and staff have established a process for reviewing properties that exceed the requirements of the Act. The process used balances the staff and committee member’s time and resources available. The recommendation of Report PSD-034-17 and this Addendum Report is to add three properties (282 Liberty Street North, 1598 Baseline Road and 1738 Bloor Street) to the Municipal Register. 7. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan, specifically actions 3.4 and 3.5. Submitted by: Reviewed by: David J. Crome, MCIP, RPP Curry Clifford, MPA, CMO, Director of Planning Services Interim CAO Staff Contact: Staff Name, Brandon Weiler, 905-623-3379 ext. 2424 or bweiler@clarington.net Attachments: Attachment 1 – 282 Liberty Street North Property Information Attachment 2 – PSD-034-17 Attachment 3 – Peter Zakaraow’s statement, May 23, 2017 The following is a list of the interested parties to be notified of Council’s decision: Peter Zakarow Bellcorp Holdings Limited 2056421 Ontario Inc. Clarington Heritage Committee c/o Faye Langmaid BW/FL/tg/df \\netapp4a\Group\Planning\^Department\LDO NEW FILING SYSTEM\PLN Planning Files\PLN 34 Heritage (All Files)\PLN 34.5.4.54 282 Liberty St. N\Staff Reports\Addendum Report to PSD-034-17.docx Attachment 1 to Addendum Municipality of Clarington Report PSD-034-17 282 Liberty Street North (Norwood) The house at 282 Liberty Street North, known as Norwood Place, was constructed between 1897 and 1903 by John (father) and Fred (son) Foster. The house is constructed in the Queen Anne Style using artificial stone. The round tower, prominent gable, dormer, steeply pitched roof and large verandah framed with decorative columns are prominent features of this style. The addition of an artificial stone balustrade and a portico are uncommon elements unique to this property. Artificial stone is a unique building material, especially in the Queen Anne style in Clarington, as it was only popular for a very short time around the turn of the century. The stones were typically constructed on site using molds. The Foster family was one of the wealthiest families in Bowmanville around the time the house was constructed. Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: May 15, 2017 Report Number: PSD-034-17 Resolution Number: File Number: PLN 34.5.4.54, 34.5.4.55, 34.5.4.56 By-law Number: Report Subject: Recommendation to add three properties to the Municipal Register Recommendations: 1.That Report PSD-034-17 be received; 2.That 282 Liberty Street North be added to the Municipal Register; 3.That 1598 Baseline Road be added to the Municipal Register; 4.That 1738 Bloor Street be added to the Municipal Register; and 5.That all interested parties listed in Report PSD-034-17 and any delegations be advised of Council’s decision. Attachment 2 to Addendum to Report PSD-034-17 Municipality of Clarington Report PSD-034-17 Page 2 Report Overview The Clarington Heritage Committee are recommending the addition of three properties to the Municipal Register. The three properties (282 Liberty Street North, 1598 Baseline Road and 1738 Bloor Street) are all primary properties on the municipal inventory. The addition of the properties to the Municipal Register will provide additional protection for the buildings and promote Clarington’s local heritage. The Municipal Register is a listing of the cultural resources of the Municipality including designated buildings and buildings where further consideration is warranted. By including them on the Municipal Register, the Municipality has ample time to evaluate whether a demolition permit should be issued when an application is received. 1. Ontario Heritage Act Every municipality in Ontario, under Section 27 of the Ontario Heritage Act, is required to maintain a Municipal Register that lists all formally designated heritage properties. In 2009 Council expanded Clarington’s Municipal Register to include “non-designated” properties that it believes to be of cultural heritage value or interest. The decision to include a “non-designated” property rests with municipal council upon consultation with its municipal heritage committee. Listing a property is a formal indication that a property has cultural heritage value. Listing a property provides minimal protection for the property. When the property is on the Municipal Register, the Municipality has additional time, up to 60 days to review a request for a demolition permit rather than the timelines outlined in the Building Code Act. This increased time allows for a more thorough evaluation of the property and time to provide Council with a recommendation on demolition or moving forward with designation of the property. The 60 days allows sufficient time to properly evaluate the building condition, protection options, alternate development proposals, etc. and make a recommendation to Council on the cultural value of a property. Adding the property to the Municipal Register also allows the Municipality to request a demolition applicant to undertake a study or research to show that the property does not have significant heritage value, that mitigation measures or alternative recognition can be implemented. 2. Properties on Clarington’s Municipal Register The Municipal Register is the list of cultural heritage properties that have been identified as being important to the community. It is an important tool to help a municipality monitor its cultural heritage resources and plan for their conservation. The majority of non-designated properties that have been added to the municipal register have been under threat of demolition. Examples are the buildings at Camp 30 and properties effected by the 407 extension. In these cases, since it was a reactive approach, the Municipality had to act very quickly when the properties were under threat. Municipality of Clarington Report PSD-034-17 Page 3 Proactively evaluating properties and adding properties to the Municipal Register is the preferred approach. The Municipal Register can be used to identify properties with cultural value and interest and to help educate the community and future owners, increasing transparency about the property’s cultural value. Clarington currently maintains a cultural heritage property inventory, identifying properties as primary, secondary or merit. The inventory was created between 1985 and 1990. A number of buildings on the inventory have been lost to demolition over the years. Recently, the Clarington Heritage Committee set up a sub-committee and established a building evaluation criteria with the intention of reviewing properties on the municipal inventory. The Heritage Committee began reviewing properties on the municipal inventory, starting with the primary properties within the urban areas. The Heritage Committee members review properties using the evaluation criteria and make recommendations on properties to be included on the Municipal Register. The Heritage Committee reviewed three properties (282 Liberty Street North, 1598 Baseline Road and 1738 Bloor Road) and recommend adding all three properties to the Municipal Register. Committee members do not enter the property. A description of the properties can be found in Attachments 1, 2 and 3 of this report. 3. Public Notice and Submissions Under the Ontario Heritage Act there is no notification requirements before Council adds a property to the Municipal Register as a listed property. However, Staff, the Heritage Committee and previous Councils believed notification to property owners was important. Accordingly Staff have notified the owners of the three properties currently under consideration. Notice was sent to the property owners on May 1, 2017 indicating a staff report would be going to Planning and Development Committee recommending adding the respective properties to the Municipal Register. Preston Homes, the owner of 1738 Bloor Street, wish to proceed with the Secondary Planning process for this area. They do not intent to retain this building. They advised that the building has been vacant for a number of years and is in poor condition. A representative of the owners of 282 Liberty Street called to obtain more information. They requested that a decision on adding this property to the Municipal Register be deferred until they could address the Clarington Heritage Committee and provide additional background information to them. As of the time of writing this report, no response has been received from the owners of 1598 Baseline Road. Municipality of Clarington Report PSD-034-17 Page 4 4. Concurrence Not Applicable. 5. Conclusion Staff and the Clarington Heritage Committee are recommending that 282 Liberty Street North (Attachment 1), 1598 Baseline Road (Attachment 2) and 1738 Bloor Street (Attachment 3) be added to the Municipal Register. Proactively adding properties to the Municipal Register has the following benefits: i) It allows for 60 days prior to the issuance of a demolition permit to evaluate the property in more detail and explore options. ii) It provides a clear indication that a property has cultural value or interest. iii) It illustrates that a community places value on its culture and heritage. 6. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan, specifically actions 3.4 and 3.5. Submitted by: Reviewed by: David J. Crome, MCIP, RPP Curry Clifford, MPA, CMO, Director of Planning Services Interim CAO Staff Contact: Staff Name, Brandon Weiler, 905-623-3379 ext. 2424 or bweiler@clarington.net Attachments: Attachment 1 – 282 Liberty Street North Property Information Attachment 2 – 1598 Baseline Road Property Information Attachment 3 – 1738 Bloor Street Property Information The following is a list of the interested parties to be notified of Council’s decision: Peter Zakarow Bellcorp Holdings Limited 2056421 Ontario Inc. Clarington Heritage Committee c/o Faye Langmaid BW/FL/df I:\^Department\LDO NEW FILING SYSTEM\PLN Planning Files\PLN 34 Heritage (All Files)\PLN 34.5.4.54 282 Liberty St. N\Staff Reports\PSD-034-17.docx Attachment 1 to Municipality of Clarington Report PSD-034-17 282 Liberty Street North (Norwood) The house at 282 Liberty Street North, known as Norwood Place, was constructed between 1897 and 1903 by the John (father) and Fred (son) Foster. The house is constructed in the Edwardian Style using artificial stone. Artificial stone is a unique building material as it was only popular for a very short time around the turn of the century. The stones were constructed on site using molds. The Foster family was one of the wealthiest families in Bowmanville around the time the house was constructed. The original house built on the property was converted to a garage which is believed to still be located on the property today. Attachment 2 to Municipality of Clarington Report PSD-034-17 1598 Baseline Road (Jesse Trull House) The Jesse Trull house was constructed in 1872, as evidenced by the date stone located above the front door. The three gable farm house was constructed using field stone and exhibits many gothic revival elements. This style of house could be seen around the township during this period but this is the only house that has been identified in that style that was built with fieldstone. The building has lost some of its original elements like the side verandas and bargeboard which once decorated the gables. Jesse Trull was a descendant of one of the earliest settlers in Darlington Township. Attachment 3 to Municipality of Clarington Report PSD-034-17 1738 Bloor Street (Christopher Courtice House “Lower Alsworth”) The Christopher Courtice house, also known as Lower Alsworth, was constructed circa 1870. The farmhouse has a centre gable and buff brick around the windows and front door. The buff brick is used in an unusual fashion imitating stone quoins. The building had some alterations done around 1920 including the addition of the front porch. Christopher Courtice immigrated to Canada in 1833, arriving in Darlington in August of that year. Courtice is named for Christopher’s brother Thomas, who emigrated in 1831. Christopher and his children are primarily credited with settling the area as Thomas moved to the Whitby area not long after Christopher arrived. Christopher helped to establish the first local school house in the area, was a local preacher and took the lead at many public meetings. Christopher was also essential in the formation of Ebenezer Church at the southeast corner of Courtice Road and Bloor Street. Christopher and his wife are interned in the Ebenezer cemetery. Municipality of Clarington Attachment 3 to Addendum to Report PSD-034-17