Loading...
HomeMy WebLinkAboutPSD-087-09Clarin~ton Leadiag the Way REPORT PLANNING SERVICES Meeting GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 14, 2009 Report #: PSD-087-09 File #: PLN 34.2.4.5 (~e~ o(u~- ~ o,~~~ Cs~ P A- ~` ~ - o `i By-law #: Subject: HERITAGE CONSERVATION DISTRICT REVIEW RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the fallowing: THAT Report PSD-087-09 be received for information; and 2. THAT any interested parties or delegation be advised of Council's decision. Submitted by: David rorme, MCIP, RPP Director of Planning Services Reviewed by: ~ ~G`"~-~~x~ `L Franklin Wu, Chief Administrative Officer IL/FUsh August 28, 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCES REET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379.E (905)623-0830 REPORT NO.: PSD-087-09 PAGE 2 1.0 BACKGROUND 1.1 On September 30, 2002 Council approved initiation of a study pursuant to Section 40 (1) of the Ontario Heritage Act for a heritage conservation district (HCD). A study area By-law 2002-150 was passed. The study was to proceed in two phases, the first being the preparation of a HCD Background Study, and the second being the preparation of a HCD Plan. 1.2 In May of 2004 Council accepted the Phase 1 Study, which detailed the heritage character of the area on a street by street basis, and approved proceeding with Phase 2 of the study which was the development of the HCD Plan and accompanying architectural guidelines. 1.3 The recommendation brought forward by staff in January of 2006 was based on the input from a number of stakeholder groups, numerous comments from residents of the area and a request from the residents of the Beech Avenue block that their block be designated with a three year timeframe for evaluation. 1.4 On February 13, 2006, Council approved the following resolution: THAT no further financial resources be spent on fhe Heritage Conservation District Plan through consultants; THAT the draft Bowmanville Heritage Conservation District Plan be adopted as the Old Bowmanville (North Ward) Heritage Guidelines for use as a resource document by residents; THAT a Beech Avenue Heritage Conservation District Plan be drafted to reflect the request of the Beech Avenue residents for designation of a Heritage Conservation District under Part V of the Ontario Heritage Act and that no further Heritage Conservation Plans be considered until the three year review of Beech Avenue has been completed; THAT the Beech Avenue Heritage Conservation District By-law be adopted when the specific Beech Avenue Heritage Conservation District Plan has been drafted; THAT, upon reconstruction of Beech Avenue, no further dollars be spent beyond traditional road construction; and THAT fhe Beech Avenue Heritage Conservation District be reviewed approximately three years after it comes into force. 1.5 The Heritage Conservation District Plan was prepared for Beech Avenue and on May 15th, 2006 the District Plan and District By-law were adopted by Council. REPORT NO.: PSD-087-09 PAGE 3 The District designation by-law was registered on the titles of each property on October 17th, 2006. The Council resolution directed that the Beech Avenue Heritage Conservation District be reviewed with input from the residents three years after it comes into force. 2.0 HERITAGE PERMIT REVIEW 2.1 A Heritage Conservation District Advisory Committee was established to review applications for major projects within the District area. The Committee is composed of a Clarington Heritage Committee member, a building industry/design professional, a property owner from the street, and the Executive Director of the Clarington Older Adult Association. The Committee reviews the following types of applications: • construction of new buildings • additions to buildings • demolition of a portion of a building • demolition of an entire building • removal of a building or structure • relocation of a building on a property • relocation of a building from outside the district • site and park function alterations at Clarington Beech Centre • streetscape improvements including road and/or utility reconstruction/installation The Ontario Heritage Act requires that the Clarington Heritage Committee also review applications for the removal of a building or structure and applications to demolish a building. The approval of heritage permits for minor applications, such as the installation of a front facade awning, has been delegated to the Director of Planning Services. 2.2 Heritage Permit Applications There have been four heritage permit applications processed since the Heritage Conservation District was approved. Two were minor applications and were approved by staff. One application was for a building addition so it was reviewed by the Heritage Conservation District Advisory Committee and approved. The applicants have noted that the heritage permit process was easy to follow and did not cause any delay in their project's timing. The fourth permit was filed for the reconstruction of Beech Avenue in 2008. The Ontario Heritage Act requires that any public works within the district are to maintain the objectives of the Heritage Conservation District Plan. The HCD Advisory Committee met with members of staff and the chair of the Clarington Heritage Committee on May 5, 2008. An overview of the project and the REPORT NO.: PSD-087-09 PAGE 4 anticipated construction process showed that the design drawings that had been prepared were sensitive to the heritage character of the street. On June 9, 2008 Council approved the heritage permit for the road's reconstruction. The Engineering Services Department have noted that the Heritage Conservation District Plan gave Municipal staff and the road reconstruction project contractor a clear mandate with regard to design priorities. The residents were concerned as to how the reconstruction project would affect the character of the street. One resident was appointed as a representative for all residents and Engineering Services staff have commented that the Beech Avenue project was easier to deal with than other projects as the message from residents was consistent and united through-out the process, which was probably a result of these residents having been through the HCD process. In addition to these specific permits staff have been contacted by residents about other potential works such as roof replacement and exterior painting. These projects do not require a heritage permit, therefore they can be completed at the owners discretion. 3.0 THE HCD EVALATION PROCESS 3.1 HCD Advisory Committee Review On June 8, 2009 a meeting was held with the members of the HCD Advisory Committee to discuss how to proceed with the District evaluation process. A draft questionnaire, which had been prepared based on the goals and objectives contained within the District Plan, was presented to the Committee for comment. The questionnaire contained a section on property ownership, tenancy, heritage permit applications, and Committee membership, and requested comments be provided on how the HCD could be approved (Attachment 1). A few suggestions were made and the questionnaire was revised accordingly. 3.2 Residents Review On June 18, 2009 a meeting was held with the residents of Beech Avenue. Six people attended representing five properties. Staff provided an overview of the process that led to the request from the street residents to become a Heritage Conservation District. A review of the heritage permits received to date was provided. It was noted that many people have done maintenance work on their homes and that being in a designated District does not seem to have impinged on any home owners' plans. The residents were provided with the questionnaire and copies were taken for distribution to those property owners not in attendance. REPORT NO.: PSD-087-09 PAGE 5 There are thirteen residential properties on the street and eight questionnaires were returned to staff for evaluation. A copy of the questionnaire and the responses provided is included as Attachment 1. The responses from the residents indicate that the goals and objectives of the Heritage Conservation District Plan are being met. When specifically asked "does it seem worthwhile to have Beech Avenue as a HCD", each respondent answered yes. The questionnaire asked if the property owners were "content with what is designated". The respondents answered yes in every case. Additional comments were provided such as the HCD should be expanded to help preserve other properties, being in a District is good for property value, the District boundary should remain intact with no properties removed, the front lawn of the Beech Centre should remain as a lawn so that it blends in with the residential properties on the street, and clarification should be provided to the tenants of the Beech Centre in regards to what being in a HCD means. When the residents were asked as to how the Heritage Conservation District could be improved the following comments were provided: • A sign should be posted to identify the District • The success of the District designation should be promoted • Additional surveys should be conducted as time passes • Any future street trees that are to be replaced should be replaced with the same kind of tree • The District should be expanded • The District boundary should remain intact There have not been any comments from the Heritage Conservation District residents that might indicate that the District designation has had a negative impact on their property and no one has suggested that the designation should be removed and the By-law be repealed. 3.3 Tenants of 26 Beech Avenue Review Staff provided two presentations for the tenants of 26 Beech Avenue. A presentation was provided for the Board Members of the COAA in response to a letter that had been received from them and numerous questions that were raised. The presentation outlined the process that was followed to prepare the Heritage Conservation District Study, the acceptance of the Heritage Guidelines for the entire neighbourhood, and the approval of the Beech Avenue HCD Plan. The major concern of the COAA is in regards to having additional parking. It was explained that an increase in parking facilities would be visible from the street so a heritage permit application would be required. The application would be reviewed by the HCD Advisory Committee. As this would be considered a major application, Council approval would be required. The Beech Centre property is REPORT NO.: PSD-087-09 PAGE 6 owned by the Municipality of Clarington, therefore, not only would Council review the heritage permit, they would also have to review the financial impacts of any request for additional parking. The Board of the COAA have provided a letter (Attachment 2) noting their understanding that Council will have the final approval of any additional parking. The second presentation was held on July 9, 2009 with representatives of the tennis club, the COAA, the Lions Club and Community Care attending. Staff provided an overview of the process leading to the district designation and the process being followed now in regards to the District evaluation. The tenants were invited to provide any comments to staff and/or Council. 3.4 Impact on Property Sales One of the issues raised during the heritage conservation district study process was the potential negative impact on the sale of properties a heritage district may impose. There have been two properties sold since the District was approved and one is currently for sale. Staff have spoken to the former owner of 17 Beech Avenue and to the real estate agent who sold the property. Both confirmed that being in a Heritage Conservation District did not have any negative impact on the marketing of the home or the selling price of the property (Attachment 3). The listing agent for 40 Beech Avenue stated that the District designation did not have any impact on the sale of the home. The property at 5 Beech Avenue has been for sale for several months. The real estate agents for the property have both stated that the house has not sold for reasons other than being in a HCD. The owner considers being in a designated District to be an asset stating that it makes the property more marketable and on par with homes of the designated areas of Port Hope and Coboug. In addition, they noted that the road reconstruction has added to the curb appeal and would not in their opinion have been as well done if the street was not designated. 3.5 Insurance One of the issues that was raised during the preparation of the Heritage Conservation District background study was that being in a Heritage District might affect property insurance. There was a concern expressed by certain property owners within the study area boundary that if the area became a designated Heritage Conservation District property insurance would increase or that property owners would not be able to obtain insurance. The fear seems to have been unfounded as the issue of property insurance has not been raised by any of the owners along Beech Avenue since the street was designated in 2006. Staff are aware that there are certain insurance companies that will not insure older homes. In staffs discussions with these companies it has been confirmed that the company's decision on whether or not to insure a property is based on a variety of factors, such as the age of the building itself, or if it has up-to-date REPORT NO.: PSD-087-09 PAGE 7 wiring or knob and tube. Being in a designated Heritage District has not been identified as a reason to refuse or increase property insurance. 4.0 CONCLUSION The evaluation of the Beech Avenue HCD Plan with the residents is now complete. From the comments of the property owners/residents, having analyzed the questionnaire results, and in review of the other inputs we have received, there have been no issues identified that would require modification of the Heritage Conservation District designation at this time. Attachments: Attachment 1 -Questionnaire Attachment 2 - COAA letter dated July 8, 2009 Attachment 3 - Letter on 17 Beech Avenue Interested parties to be notified of Council's decision: Bill Humber Angie Darlison Andrew Kozak Linda Duffy Ken Majid Steve Simic Art Short Brock MacArthur & Amy Anderson Don & Pat Mac Arthur Anna & AI Strike Paul Kiss David Young Lois Cattran Tanya & Jeff Wills Laurie & Wanda Cook Dietrich & April Wunderlich Betty Smith Marjoire Couch Jennifer & Fred Horne Ken & Sheila Majid Stephen & Jane Brickell Clarington Heritage Committee Heritage Conservation District Advisory Committee Old Bowmanville Neighbourhood Association Clarington Older Adult Association Bowmanville Tennis Club Clarington Community Care Bowmanville Lions Club Bowmanville Nursery School Beech Avenue, Bowmanville Heritage Conservation District Attachment 1 1To Report PSD-087-09 ~ :~ ~ n ~, T r.r ,~~r~~' Purpose of the Beech Avenue Heritage Conservation District Plan The Bowmanville Heritage Conservation District Study concluded that despite the rapid growth of the Bowmanville urban area, this particular neighbourhood has retained its special character due to the exceptional care taken by its residents to maintain and improve their properties in a manner that allows change where appropriate but respects the values of the past. It is this special character that the Beech Avenue Heritage Conservation District Plan is designed to assist in maintaining for that specific block (Page 3 of the Plan). Goals of the Beech Avenue Heritage Conservation District Plan To promote the conservation of the block's architectural, historical, and contextual character by providing guidance to private and public property owners that will work to stabilize the block's special character for existing residents and future generations (Page 24). To evaluate whether the Heritage conservation District has met it's objectives or not the objectives of the Plan are set out below. Please take a few minutes to reflect on the past 3 years (since May 2006) and answer whether the objectives have been met, or not or has not been applicable during this time (N/A). Objectives: Heritage Resource Structures To conserve and maintain the heritage resources existing in the neighbourhood 8 Yes ^ No ^ N/A To support the continuing care, conservation and restoration of heritage resources by providing guidance on sound conservation and g Yes ^ No ^ N/A maintenance practices To encourage the restoration of the exterior of heritage resources based on pictorial documentation and/or physical evidence that is uncovered To prevent the removal or alteration of distinguishing architectural features and building materials To prevent the demolition of heritage resources To promote the adaptive reuse of heritage resources (e.g. No. 26, Rathskamony Estate) 7 Yes 1 No ^ N/A 7 Yes ^ No 1 N/A 7 Yes ^ No 1 N/A 8 Yes ^ No ^ N/A G: ~Faye~2009~8eech Ave HCD Survey 2 June 17 2009 - ANSWERS.doc Beech Avenue, Bowmanville Heritage Conservation District a~,~.. . ~~ ~ i W~:~~ '`~ ~~` Landscape/Streetscape To encourage public streetscape, landscape, and infrastructure improvements which enhance the neighbourhood's heritage character and are in keeping with the Old Bowmanville Streetscape and 8 Yes ^ No ^ N/A Infrastructure Implementation Plan, adopted by Council April 2001 To encourage the preservation of landscape treatments and the conservation of landmark features in both public and private ownership g Yes ^ No ^ N/A (e.g. King carriage step at 5 Beech) To encourage the planting of species historically grown in the area To preserve the existing street width To encourage the retention of historic fences, garden walks and respect for historic design influences when new garden features are introduced Land Use To encourage the maintenance of the existing heritage environment To support existing land uses and adaptive re-use of existing residential building stock for residential purposes 7 Yes 1 No ^ N/A 8 Yes ^ No ^ N/A 6 Yes ^ No , 2 N/A 8 Yes ^ No ^ N/A 7 Yes ^ No 1 N/A To discourage those land uses that are out of keeping with, or have g Yes ^ No ^ N/A detrimental effects upon, the neighbourhood's character New Development To provide guidance for infill construction and building additions by encouraging architectural designs that are sympathetic to, and compatible with, the character of the existing heritage properties and 3 Yes ^ No 5 N/A the historic character and scale of the area To support new technologies and new safety standards that assist in conserving the heritage fabric 7 Yes ^ No 1 N/A To discourage attempts to restore a building to an artificially established architectural era 3 Yes ^ No 5 N/A Community To promote a sense of place, community pride, and public support for the conservation of the block including the residential buildings, the g Yes ^ No ^ N/A Clarington Beech Centre and the streetscape To promote the involvement of Clarington Heritage Committee, Clarington Museums & Archives and other local heritage g Yes ^ No ^ N/A groups/agencies G: ~Faye~~009~Beech Ave HCD Survey 1 June 17 2009 - ANSWERS.doc Beech Avenue, Bowmanville Heritage Conservation District ~-4- -+ ~~~~ ~~ '.~^~7 i... ~~. d Please provide us with some addition information. Are you a property owner of Beech Avenue? Are you a tenant living on Beech Avenue? Have you applied for a Heritage Permit? If yes, was the process 8 Yes ^ No ^Yes8No 1 Yes 7 No 1 Easy to follow ^ Long ^ Complicated ^ Confusing Are you a member of the District Steering Committee? 1 Yes 7 No Does it seem worth while to have Beech Avenue as a HCD? 8 Yes ^ No (please print clearly) Are you content with what is designated? • Yes • To the extent of my limited knowledge -yes • Yes -however, it would be beneficial to clarify the District's ramification for the Beech Centre • More than content. I believe .,this is progressive and necessary culturally, environmental and for property value. • Absolutely!!!! The integrity of the HCD for Beech Avenue (et al) be maintained as presently defined to be meaningful, integrated and exemplary • Yes. No part of the HCD should be permitted to be excluded regardless of private or public property, unless the entire HCD approves the exclusion by public vote. • Yes we are content with what is"designated and would like to see the heritage district expanded to help preserve other properties and to promote a sense of community pride about the history of Bowmanville. • Yes, but it is vital to keep lobbying to have the front lawn of the Beech Centre remain intact. Then it will "blend in" with the existing streetscape of the other residential properties. G:1 Faye1200916eech Ave HCD Survey 2 June 17 2009 - ANSWERS. doc Beech Avenue, Bowmanville ~ <~~- ~ ~ Heritage Conservation District ,~~ `; L ,. _.~. .. Please provide us with other comments as to how the Heritage Conservation District could be improved. • The dominant tree species in a Carolinian forest (into which category this area belongs) are American beech, sugar maple, walnut, chestnut, ash oaks (2 or 3 subspecies). There are 4 trees on the street - 1 maple, 1 ash, 2 chestnuts that are near or at the end of their life cycle - IMHO (in my humble opinion) they should have been replaced with similar species during the reconstruction. The midget imported species should not be used. • Promote it within Clarington showing the success of the past 3 years. • Identify the block so people realize they are in a special space. • It should be expanded • It must continue to include the entire street • We could do periodic updates; info on what other areas are doing. • Appropriate street signage of quality consistent with other heritage districts. • Although we are not sure of some items in the survey the HCD functions well and is not intrusive at all. Nevertheless, "three years" is not a sufficiently long period to allow any reliable experience to evolve. This sort of feedback/survey should be continued at reasonable intervals to look for consistency. We suspect that the HCD will continue to be highly successful over the long term. • A major area of concern is the lack of value and respect for the heritage of this area by the tenants of 26 Beech Ave. The tenants seem to forget that this is a residential area with historical significance that should not be turned into a major commercial throughfare with tour buses and excessive traffic coming to and from the centre. A tremendous lack of appreciation for the neighbourhood has been demonstrated in a number of way including: o parking on the front lawn of the centre -damaging the turf and greenspace o moving the garbage dumpster into a position where it is visible to the street o excessive noise from hall rentals, tour buses and their "greetings" with car horns o the lack of maintenance of gardens and landscaping and thereby allowing the building to develop an appearance of neglect o frequent illegal parking over driveways, by hydrants and in prohibited areas o disregard for the historical setting of the tennis club and nursery school Perhaps a residential neighbourhood that is attempting to preserve the heritage of Bowmanville's historical structures is not an appropriate location for an organization that fails to respect this environment. G: ~Faye~2009~8eech Ave HCD Survey 2 June 171009 -ANSWERS.doc Beech Avenue, Bowmanville ~ ~~ ~ Herita a Conservation District ` ~~ ~=. ~~ g v„_ • Re: Clarington Beech Centre: o Encourage the departure and arrival of bus tours to a more appropriate location e.g. Rickard Complex. Damage has been done to curbs and lawn by the buses. o Encourage the use of smaller delivery trucks to prevent above damage as well to the Beech Centre o Idling buses is not environmentally friendly o Possible solution to keep tennis court and prove a "sense of ownership": offer lessons to the seniors! G: I Faye120091 Beech Ave HCD Survey 2 June 17 2009 - ANSWERS. doc Attachment 2 To Report PSD-087-09 • CLARINGTON OLDER ADULT ASSOCIATION 26 Beech Avenue, Bowmanville, ON L1 C 3A2 905.697.2856 Fax: 905.697.0739 coaaCbellnet.ca ~~ (/~" 9 ' .`'q'~ ~: Wednesday July 8, 2009 Faye Langmaid Assistant Director of Planning Municipality of Clarington 40 Temperance St. Bowmanville, ON L1C 3A6 MUP~liC6^~,LiT`e' (,r ~..I >^,~~9i~a" iJibl PLAN~iI~aG Dt~;s,i~`~+ao15J7' Dea r Faye; Our Board of Directors would like to thank you for attending our recent board meeting. The presentation you made to us on the Beech Avenue Heritage District Designation clarified many points that board members had previously been unclear on. The discussion that followed was helpful, too. It allowed us to explain our main concern with the Beech Avenue Heritage District Designation - mainly, how it may negatively impact us on our current need for additional on-site parking. As you explained the process, you indicated that the Advisory Committee would be involved in evaluating the formal, technical proposal and would submit their recommendation to Council. Council, however, has the final decision and can override anything recommended by the Committee. The Board found this reassuring and felt we should inform the Municipality accordingly. This is in light of our previous letter dated Thursday June 4t'', 2009. Please feel free to contact us if you need further information on this matter. Sincer ly, } r ~~~~ ~ .~~t~~S Angie Darlison Peter Evans Executive Director President CC~ Isabel Little, Planning Services Department Municipality of Clarington Mary Novak, Councillor Representative Clarington Older Adult Centre Board Ron Hooper, Councillor Representative Clarington Older Adult Centre Board Jim Abernethy, Mayor Municipality of Clarington Skip Crosby, Municipal Representative Clarington Older Adult Centre Board David Crome, Director of Planning Municipality of Clarington Clarington Older Adult Centre Board of Directors www.claringtonolderadults.ca Attachment 3 To Report PSD-087-09 Betty Smith Sales Representative Royal Service Real Estate July 24, 2009 Isabelle Little Municipality of Clarington Planning Department 40 Temperance Street Bowmanville Ontario Ll C 3A6 Dear Isabelle, Enclosed, please find. a copy of the listing for 17 Beech Avenue, Bowmanville, which sold in October 2008 for 98% of the asking price. I did.not find that being located in a Heritage Conservation District had any negative impact on my marketing of the home or on the selling price of the property. Sincerely, Betty Smith Salesperson Royal Service Real Estate ~~. bus: 905-697-1400 104 King Street East toll tree: 1-888-372-4140 RQ_YAL ERVICE Bowmanville, ON tax: 905-b91-1927 '-"'~~- °~--- ~ --°- --- UC 1N5 REAL ESTATE INC.