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HomeMy WebLinkAboutPSD-103-08Clari~~gton Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, October 6, 2008 Report #: PSD-103-08 File #: PLN 34.5.2.90 l~,cl~o n #~' P~ - 531- a ~ By-law #: Subject: REPEAL OF HERITAGE DESIGNATION 25-27 KING STREET WEST, BOWMANVILLE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-103-08 be received; 2. THAT the Clerk be authorized to prepare the required Notice of Intention to repeal heritage designation By-law 92-81 and report back to Council following the prescribed notification period; and 3. THAT the Ontario Heritage Trust, the Clarington Heritage Committee, the property owner and the interested parties listed in this report be advised of Council's decision. Submitted by: I L/FL/df/lw/av 30 September 2008 Crome, M.C.I.P., R.P.P. of Planning Services Reviewed by~ ~ '- ~~L Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE ST EET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-103-08 PAGE 2 1.0 BACKGROUND 1.1 On March 9~h, 1992, Council approved the heritage designation of the property identified as 25-27 King Street West in Bowmanville under Part IV of the Ontario Heritage Act. The property is located in Bowmanville's heritage downtown core (Attachment 1). Heritage designation By-law 92-81, which is included as Attachment 2, specifically lists the historical significance and the architectural features of the building that supported the reasons for designation. 1.2 This property is owned by Bethesda House of Mercy. On April 29~h, 2008, a fire started in an adjacent building on King Street West in downtown Bowmanville. The fire caused severe damage to four heritage buildings. 33 King Street West, 31 King Street West and 21-23 King Street West were listed in Clarington's heritage inventory as Primary heritage resources. 25-27 King Street West was a designated building under Part IV of the Ontario Heritage Act. On Wednesday, April 30~h, 2008, an Emergency Order was issued under the Ontario Building Code by the Chief Building Official which required that 25-27 King Street West and 29-31 King Street West be demolished immediately as they were considered unsafe and a public hazard. 1.3 When a property is designated by By-law, the by-law is registered on title of the property and the Clerk adds the property to the register of designated properties within the municipality. As 25-27 King Street West was a designated building, and as it has now been demolished, the designation By-law should be repealed. The heritage designation registered on the property's title should be removed to allow for redevelopment. Further, the listing of the property should be removed from the Clerk's register of heritage sites. 2.0 Ontario Heritage Act Regulations 2.1 The Ontario Heritage Act empowers a municipality to pass a by-law designating a structure to be of historic and/or architectural value or interest. Section 31 of the Act REPORT NO.: PSD-103-08 PAGE 3 states that where Council intends to repeal a by-law designating a property the Clerk of the Municipality is to serve Notice of the Intention to repeal the designation By-law on the property owner and the Ontario Heritage Trust, and the Notice is to be published in a local newspaper. The Notice will provide fora 30 day appeal period whereby any objectors can submit a statement of objection to the Clerk. 2.2 Council is required to consult with its heritage committee prior to repealing a designation By-law. The Clarington Heritage Committee will review the repeal of By-law 92-81 during its October 21St, 2008, meeting. It is anticipated that the Clarington Heritage Committee will not have any objections to the removal of the heritage designation By- law. If there is no public objection to the proposed repeal then the Clerk will report back to Council with a recommendation to repeal the By-law. Any objections to the proposed repeal will be referred to the Conservation Review Board for a hearing. 3.0 CONCLUSIONS 3.1 It is our understanding that Bethesda House intents to rebuild with an architecturally sympathetic design that will complement the heritage character of King Street. The new building will have to meet the building code with regards to accessibility and other current standards. Staff from the Ministry of Culture has advised that the repeal of a heritage designation By-law is at the discretion of the municipality. However, should the heritage attributes listed in the By-law no longer exist on the property, as is the case for this property, then the Municipality should consider repealing the designation By-law. Since the building has been demolished the property no longer contains the heritage attributes listed in the designation By-law (Schedule B of Attachment 2). 3.2 It is recommended that the Clerk prepare, send, and publish the required Notice of Intention to repeal heritage designation By-law 92-81, pursuant to Section 31 of the Ontario Heritage Act, and report back to Council following the prescribed notification period. Attachments: Attachment 1 -Property Location Attachment 2 -Heritage Designation By-law 92-81 Interested parties to be notified of Council's and Committee's decision: Clarington Heritage Committee members Bethesda House of Mercy Ontario Heritage Trust Bert Duclos, Heritage Advisor, Ministry of Culture Attachment 1 To Report: PSD-103-08 i~ ; ~ a ;1•, f ' t~4"'~ .J ~v' ~~~ W~~ s Property Location Map (Bowmanville) - 25-27 King Street West PLN 34.5.2.90 Attachment 2 To Report PSD-103-08 THB ODKPO$ATION OF THK TOWN OF N73WCA8'PLE BY-LAW #9&81 being a by-law to designate the property known for municipal purposes as 27 K'mg Street West, Bowmmv-le, m a property of historic m architectural value ar interest under the Ontario Heritage Act, WHF .Ai the Ontario Heritage Mt, R8.0. 1990, C.0.18 authorizes the co~mc~ of the municipality to enact by-laws to de®gmte properties to be of historic or architectural value or interest for the purposes of the Act; WHEREAS the Coungl of The Corporation o[ tbe Town of NewcaeWe has r.,,eed to he served upon the owner of the property known for munidpel purposes u 27 King Street Weet, Bowmmville end upon the Ontario Heritage Foundation, Notice of Intention to Deelgmte the aforesaid r~l property and hoe mused such entice of intention to be published in the ~ ~~~;_~ 9tateameq a newspaper having a general circuleticn in the Brea of the desigaatioR once each week for three cureecutive weeks, mmely January a January i6 and Jmuary 22, 1982; and WHEREAS the reasons for the designation of the aforesaid property under the Ontario Heritage Act are curtained in Schedule "B° attached to and forming part of this Bylaw; end. WHEREAS the Loral Architectural Caneervetlon Advimry Ca~ittee of the Town of Newcastle has recommended that the property known for municipal purposes ae 27 King Street Went, Bowmenv8le, be debated sa a property of historic or architectural value or interest under the Ontario Heritage Act; and WHEREAS no notice o[ objection to the proposed deaignatiur wen served upon the Clerk within the period prescribed by the Ontaris Heritage Act. NOW THEREFORE THE COUNCII. OF THE CORPORATION OF THE TOWN OF NEWCASTLE,1~irRELtY ENACTS A9 FOLLOWS: The propeHy known for municipal purposes m 27 King Street Eeet, Bowmanville, which ie more particularly described in Schedule "A" which is attached Lo end forma pert of ttus by-]aw, is hereby designated m e property which hen historic or architectural value m interest under Section 29 of the Ontario Heritage Act RS.O. 1990, C.0.18. 2. The 8oli©tor for the Towa of Nawwatle ie hereby authorized to c8uae a copy of this by-]nw to be registered against Ehe title to the property described iv h'r>,a.i„7n vA° hereto. 8. The Taws Clerk ie here by authorized to cause a copy of this by-law to be nerved upon the owner of the property deasihed m Schedule •A' hereto end ur the Ontario Heritage Foundation. The Clerk also ie authorised to muse entice of the peesmg of flue by-law to be published in the Cauadien Statesman, a newspaper havktg gmerel circulation m the ere the designation, once each week for three consecutive weeks. By-law read a ftret sad second time this 9th dayy of hfaxch 1982. By-law rend a third time and fimlly peened Chia 9th day of March 1992. CLERK SCABDULE "A" TO BY-LAH 92-81 ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Bowmanville, in the County of Durham, in the Province of Ontario and being composed of Part of Lot 7, Slock N on the south aide of Ring Street according to a plan of the said Town of Bowmanville, made by John Grant, P.L.S., and registered in the Registry Office for the Registry Division of the Weat Riding of the County of Durham on the 20th day of April, 1852, described as follows: COMMENCING at the north-easterly angle of said Lot 7 at the point of intersection of the westerly face of a brick wall with the southerly limit of Rinq Street distant north 67 degrees west a distance of 193.5 feet from the Dorth-easterly angle of Lot 10, Block N; THENCE north 69 degrees 54 minutes west along the northerly limit of said Lot 7 a distance of twenty-five and eight one-hundredths feet (25.08') to the point of intersection with the westerly face of a brick wall forming part of the easterly limit of the lands herein described; THENCE south 17 degrees SB minutes west along the westerly face of said wall and its production southerly a distance of one hundred and seventeen and sixty-three one hundredths feet (177.63') more or lane to an iron bar planted in the northerly limit of the southerly forty-four (44') of said Lot 7; THENCE north.71 degrees 40 minutes west along the said limit a distance of seventeen and forty-six one-hundredths feet (17.48') to an iron bar planted in the southerly extension of the centre line of the westerly wall of the premises adjacent in the land herein described; TRENCE south 17 degrees 35 minutes west along the said extension a distance of twenty-seven and eighty-three one-hundredths feet (27.83') to an iron bar; THENCE south 71 degrees 40 minutes east parallel to the southerly limit of said Lot 7 a distance of forty-two and fifty-eight one- hundredths feet (42.58') to an iron bar planted in the easterly limit of said Lot 7; THENCE north 71 degrees 52 minutes east along the easterly limit of said Lot 7 a distance of one hundred and forty-four and aeven- tentha feet (144.7•) more or leas to the POINT OF COMMENCEMBNT. . •. sc~ov~s ~s To sxinw l~ 27 Kiug sweet west, Howmanvdle hm a very aiguiFsant historic ar arclatectural value or interest to the Town of Newcastle end its people N first the properly hm peen home to wmmerciel activity in Bowmenville ®ncc the 1860's and during the 18go's the second floor of the structure wm used m one of the first olScee of the Bell Telephone Company. The following featurm are designated m being of architectural value, 1. Running bond pattern masonry; 2. Decorative pihadere; g. Isay.tanaa; 4. The mgmentagy arched wiadowe of the aernnd finny; sad 6. Comics with diadm~ive fretwork and brackets; and 7nterlor 1. Pine floorh~g; end 2. Tongue end groove paoellmg an both ca'ling and walls,