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HomeMy WebLinkAboutPSD-061-18Clarftwn 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: June 25, 2018 Report Number: PSD -061-18 Resolution: PD -145-18 File Number: PLN 34.16.5 By-law Number: Report Subject: Heritage Designation, 26 Concession Street, Bowmanville Recommendations: 1. That Report PSD -061-18 be received; 2. That the Clerk issue a Notice of Intention to Designate 26 Concession Street West, Bowmanville, as a cultural heritage resource under Part IV of the Ontario Heritage Act pursuant to the provisions of the Ontario Heritage Act; 3. That the Notice of Intention be issued in co-ordination with the fulfillment of the conditions of the Land Division Applications LD003/2018 and LD004/2018; 4. That should no objections be received by the Municipal Clerk within 30 days of publishing the Notice of Intention, and once the severed lots are created, the Clerk will prepare the necessary designating by-law or report back to Council regarding objection(s) received; and 5. That the interested parties listed in Report PSD -061-18 and any delegations, be advised of Council's decision. Municipality of Clarington Report PSD -061-18 Report Overview Page 2 This report recommends the property at 26 Concession Street West, Bowmanville for individual designation under Part IV of the Ontario Heritage Act. The house at this property is known as Dundurn and is an exceptional example of a well preserved residence that has significant physical, historical and contextual value that contributes to the rich heritage character of Bowmanville. The owners of Dundurn have submitted Land Division applications (LD2018/003 & 004) to sever two lots from the property. Designating the property is intended to ensure that Dundurn's heritage attributes are conserved and the vistas and views from the house are protected as part of the land severance. 1. Background 1.1 26 Concession Street West, Bowmanville is a primary heritage resource in the Municipality's heritage resource inventory of cultural heritage resources. Built in 1854 on an expansive lot, Dundurn is one of Bowmanville's first brick houses and an excellent example of a country villa built in the Regency style with very well-preserved Gothic Revival details. It was built for the family of Reverend Dr. Alexander MacNab who was the first Rector in charge of the Anglican Church for Darlington Township. By 1867, it became home to local merchant and politician John Milne who was a member of the first Town Council and a friend of Sir. John A. Macdonald. MacDonald is reported to have visited Dundurn multiple times. The statement explaining the cultural value and heritage attributes is included as Schedule `A' of Attachment 1. 1.2 In January 2018, the owners applied to the Land Division Committee to sever two lots with 15.24 metres of frontage each from the front of the 1.6 acre property (see Figure 1). The application was tabled to a future meeting based upon staff comments that the owners complete a Heritage Impact Assessment (HIA) to assess the impact of the severance proposal upon the heritage attributes of Dundurn and to recommend mitigation measures for the anticipated infill development. 1.3 The owners of Dundurn, their agent, Planning staff and the Municipal Solicitor have since met and come to a consensus that the proposed severances would be appropriate contingent upon the new infill dwellings being compatibly designed with Dundurn and by ensuring that views to and from Dundurn are appropriately addressed. Should the Land Division applications be approved, it was agreed that infill dwellings would be built according to development standards outlined in the Old Bowmanville (North Ward) Heritage Guidelines. These guidelines were the result of a neighbourhood character study, which included the subject property, for a potential Heritage Conservation District in 2004 and were adopted by Council in 2006 as a resource to guide change and infill in the neighbourhood. Municipality of Clarington Report PSD -061-18 Figure 1: Dundurn at 26 Concession Street West and proposed lots Page 3 1.4 An HIA would have provided guidelines and measures to mitigate negative impacts from new development on Dundurn's heritage character. The owners are very concerned about the buildings that could occupy the newly created lots and have extensively detailed the exterior construction materials, placement of the house/garage, out buildings, fences, utility boxes, driveway placement and building form. 1.5 The owners have agreed to designate Dundurn under Part IV of the Ontario Heritage Act to protect its heritage value and as a means to ensure that the adjacent infill development from the proposed severances would be compatible with Dundurn's heritage character. Both Provincial policy and the Clarington's Official Plan provide that proposed development adjacent to a protected heritage property is evaluated and it has been demonstrated that the heritage attributes will be conserved. Municipality of Clarington Report PSD -061-18 Page 4 1.6 Designation under Part IV of the Ontario Heritage Act will be included as a condition of Land Division approval. The designation by-law will be passed after the lots are created so that the designation by-law only applies to Dundurn and not on the newly created lots. Additionally, architectural control requirements for the infill dwellings will be included in the land division agreement and registered on title to the severed lots. 1.7 The Clarington Heritage Committee (CHC) evaluated Dundurn for its cultural heritage value using its building evaluation criteria. At the March 20, 2018 meeting, the CHC had recommended the property be added to the Municipal Register. At the June 19, 2018 meeting, the CHC passed resolution 18.26 recommending the designation of this property under Part IV of the Ontario Heritage Act as follows: "The Clarington Heritage Committee recommends to Council the designation of 26 Concession Street under Part IV of the Ontario Heritage Act acknowledging that the owners will proceed with land severance applications for two lots, one on either side of the property frontage and including as severance conditions architectural control of the new homes in -keeping with the infill guidelines of the Old Bowmanville (North Ward) Heritage Guidelines and the restrictive covenants requested by the owners". Figure 2 - View of 26 Concession Street 2. Protecting Cultural Heritage Resources 2.1 In achieving its cultural heritage objectives, the tools that the Municipality has at its disposal are the Provincial Policy Statement, the Ontario Heritage Act plus the goals objectives and policies of the Official Plan. 2.2 Section 2.6.1 of the Provincial Policy Statement (PPS) states that significant built heritage resources shall be conserved. In the PPS 2014, "significant" is defined as a resource that has been determined to have cultural heritage value or interest for the important Municipality of Clarington Report PSD -061-18 Page 5 contribution it makes to our understanding of the history of a place, an event, or a people. "Conserved" is defined as the identification, protection, use and/or management of built heritage resources in a manner that ensures their cultural heritage value or interest is retained under the Ontario Heritage Act. 2.3 Section 2.6.3 of the PPS states that Planning Authorities shall not permit development on adjacent lands to protected heritage property except where the proposed development has been evaluated and it has been demonstrated that the heritage attributes of the protected heritage property will be conserved. 2.4 Section 4 of Growth Plan for the Greater Golden Horseshoe identifies cultural heritage sites as valuable assets that must be wisely protected and managed as part of planning for future growth. 3. Legislation Ontario Heritage Act 3.1 The Ontario Heritage Act empowers the Council of a municipality to pass a by-law designating a structure considered to be of cultural heritage significance. The Council shall consult with the heritage committee before giving notice of its intention to designate a property. 3.2 The Ontario Heritage Act outlines the process for designation. The CHC has recommended the designation, if Council concurs, the next step is publishing the Notice of Intention to Designate in the locally circulated newspaper. Only one advertisement of the Notice of Intention to Designate is required. A summary description of the heritage designation process is attached to this report (Attachment 2). 3.3 Once a property is designated the property owner is required to obtain the consent for any proposed significant alterations to the building listed in the designation by-law (Attachment 1) or for demolition of all or part of the structure. Region of Durham Official Plan 3.4 Section 2 of the Regional Municipality of Durham Official Plan sets out goals for the preservation of historic and cultural heritage, including built heritage. Further it encourages Councils of the area municipalities to utilize the Ontario Heritage Act to conserve, protect and enhance the built and cultural heritage resources. Clarington Official Plan 3.5 Section 8 of the Clarington Official Plan fully supports the heritage designation of individual properties under Part IV of the Ontario Heritage Act. Municipality of Clarington Report PSD -061-18 Page 6 3.6 Policy 3.8.7 provides that development on or adjacent to a cultural heritage resource on the municipal register may be permitted where the proposed development has been evaluated through a HIA and it has been demonstrated that the heritage attributes of the protected heritage property will be conserved. 4. Public Notice 4.1 Under the Ontario Heritage Act notification is required before Council designates a property. Municipal Staff have consulted with the owners of Dundurn to ensure that the proposed severances will be in keeping with the heritage character of the property. Staff formally notified the owners of the intention to designate the property in June 2018. 5. Concurrence Not Applicable. 6. Conclusion 6.1 The Clarington Heritage Committee and Staff are in support of the designation of this property as an individual designation under Part IV of the Ontario Heritage Act. 6.2 Should no objections be received by the Municipal Clerk within 30 days of publishing the Notice of Intention to designate the property and once the severed lots are created should the Land Division applications be approved, the proposed by-law designating the property will be forwarded to Council for approval. Alternatively if an objection(s) is received the Clerk will provide a report to Council. 6.3 Upon designation the owners will be presented with a bronze plaque signifying the significance of the property to the community and the Municipality as a whole. 7. Strategic Plan Application The recommendations contained in this report conform to section 3.5 of the Strategic Plan which promotes growth in ways that will maintain and sustain our "small town" feel. Municipality of Clarington Report PSD -061-18 Submitted by: David J. Crome, MCIP, RPP Director of Planning Services Reviewed by: Page 7 Andrew C. Allison, B. Comm., LLB Chief Administrative Officer Staff Contact: Faye Langmaid, Manager of Special Projects, 905-623-3379 ext. 2407 or flangmaid clarington.net Attachments: Attachment 1 — Proposed By-law and statement of cultural value and heritage attributes Attachment 2 — Heritage designation process The following is a list of the interested parties to be notified of Council's decision: William and Laverne Morrison Clarington Heritage Committee c/o Dave Addington Jim Leonard, Ontario Heritage Trust FL/jp Metapp5\group\Planning\^Department\LDO NEW FILING SYSTEM\PLN Files\PLN 34 Heritage (All Files)\PLN 34.16.5 26 Concession Street West Dundurn Castle\Staff Report\Report PSD- 061-18.docx Attachment 1 to Report PSD -061-18 The Corporation of the Municipality Of Clarington By -Law No. 2018 — Being a by-law to designate the property known for municipal purposes as 26 Concession Street West, Bowmanville, Municipality of Clarington as a property of historic or architectural value or interest under the Ontario Heritage Act, R. S. O. 1990, Chapter 0.18; Whereas the Ontario Heritage Act, R. S. O., 1990, c.0.18 authorizes the Council of the Municipality to enact by-laws to designate properties to be of historic or architectural value or interest for the purposes of the Act; and Whereas the Council of the Corporation of the Municipality of Clarington has caused to be served upon the owner of the property known for municipal purposes at 26 Concession Street West, Bowmanville and upon the Ontario Heritage Foundation, Notice of Intention to Designate the aforesaid real property and has caused such Notice of Intention to be published in the Clarington This Week, a newspaper having general circulation in the area of the designation on ; and Whereas the reasons for the designation of the aforesaid property under the Ontario Heritage Act are contained in Schedule "A" attached to and forming part of this by-law; and Whereas the Clarington Heritage Committee has recommended that the property known for municipal purposes as 26 Concession Street West, Bowmanville, be designated as a property of historic or architectural value or interest under the Ontario Heritage Act; and Whereas no notice of objection to the proposed designation was served upon the Municipal Clerk within the period prescribed by the Ontario Heritage Act; Now Therefore the Council of the Corporation of The Municipality of Clarington hereby enacts as follows: The property known for municipal purposes at 26 Concession Street West, Bowmanville which is more particularly described in Schedule "B" which is attached to and forms part of this by- law, is hereby designated as a property which has historic or architectural value or interest under Section 29 of the Ontario Heritage Act, R. S. O. 1990, c., O. 18. 2. The Solicitor for the Municipality of Clarington is hereby authorized to cause a copy of this by-law to be registered against the title to the property described in Schedule "B" hereto. 3. The Municipal Clerk is hereby authorized to cause a copy of this by-law to be served upon the owner of the property described in Schedule "B" hereto and on the Ontario Heritage Foundation. The Municipal Clerk also is authorized to cause notice of the passing of this by-law to be published in the Clarington This Week, a newspaper having general circulation in the area of the designation. By-law passed in open session this day of , 2018 C. Anne Greentree, Municipal Clerk Adrian Foster, Mayor Schedule 'A' To By-law 2018 - Statement of Significance and list of character defining features. Description of Property 26 Concession Street West, known as Dundurn, is a one and half storey residence located on a large lot on the north side of Concession Street West in Bowmanville. Statement of Cultural Heritage Value or Interest Dundurn's physical heritage value lies it being an excellent example of a country villa built in the Regency style with Gothic Revival details. Built in 1854 on a spacious parcel, it is one of the earliest brick houses in Bowmanville. It features an upper storey gable in the centre of the front fagade. All the windows are surmounted by wooden hood mouldings, a decorative element associated with the Gothic Revival style. The bargeboard that adorns the eaves is light and lacy in character unlike the heavier bargeboard that was used later in the century. The front door is surrounded by a rectangular transom and sidelights and there are two pairs of French doors on either side of the main entrance. A columned porte-cochere extending from the east side of the house and an open veranda similarly supported by large columns at the front of the house were early 20th century additions to the house. Dundurn's associative heritage value lies in its association with two prominent local residents, Reverend Dr. Alexander MacNab and John Milne. Dr. Alexander MacNab (1811-1891) was appointed as the first Rector in charge of the Anglican Church for Darlington Township in 1854 and had Dundurn built as his family's residence in the same year. He most likely named the house `Dundurn' after his ancestral home in Scotland. A relative Sir Allan Napier MacNab who was Prime Minister of the United Canada's from 1854 to 1856 had `Dundurn Castle' built in Hamilton. Dr. Alexander MacNab lived at Dundurn until 1867 when he sold it to local merchant and politician, John Milne (1822-1889). John Milne was a member of the first Town Council in 1858 and ran for Parliament as a Conservative in 1863 and 1867. He was a friend of Sir John A. Macdonald who is reported to have visited Dundurn several times including for a garden party on Dundurn's grounds while also having slept in the south-east bedroom. The home has been owned and well maintained by the Morrison family since the 1950's, over 60 years. Typical to the Regency style, Dundurn's contextual heritage value lies in its original siting on spacious grounds which visually underscores the stately nature of the dwelling and provides expansive views of the house from the street. Description of heritage attributes Key heritage attributes that exemplify the heritage value of Dundurn as an excellent example of a Regency villa designed with Gothic Revival details include: - The front fagade roof gable - The brick fagade - The front door with its rectangular transom and sidelights - The wooden hooded mouldings above the windows - The bargeboard adorning the eaves - The columned porte-cochere - The columned front veranda - The original location in the centre of the lot Schedule 'B' To By-law 2018 - Legal Description: Part of Lot 11, Con 2 (Bowmanville) as in D430284 Municipality of Clarington Regional Municipality of Durham 1. Desiqnation by Municipal Bvlav (Section 29 of the Ontario Heritage Act) Designation proposed l Council consults with MHC Council Decision: NO Proceed with designation? Property nc YES Notice of Intention to Designate: 1. Served on property owner 2. Served on OHT 3. Published in newspaper YES Obithin K da jections wys? Objection CRB foi NO r' Council Decision: Designate property? YES Designating bylaw passed & Notice of With( registered on title Intention to De; 1. Served on pr 2. Served on 01 3. Published in Notice of Designation: 1. Served on property owner 2. Served on OHT 3. Published in newspaper Property nc Property listed on municipal and provincial registers Property listed on Canadian Register mIPP Designating Heritage Properties • Appendix: Flowcharts