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Home My WebLink AboutPSD-090-09Clarington Leadeng tfie Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE o Date: Monday, Septermber 28, 2009 r~2-6o~~-~-~on1 ~G ~~ -5a 7-O I Report #: PSD-090-09 File #: PLN 34.15.4 By-law #: Subject: ADDITION TO MUNICIPAL REGISTER OF PROPERTIES OF CULTURAL HERITAGE VA4UE OR INTEREST RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-090::-09 be received; 2. THAT the properties idgntified as 5531 Bethesda Road and 5681 Acres Road, be added to the Municipal Register of properties of cultural heritage value or interest; and 3. THAT all interested ~'arties listed in this report and any delegation be advised of Council's direction. Submitted by: IL/FUsn 17 Sept 2009 David(~lCromqq, MCIP, RPP Director of Plarininq Services Reviewed by: 9~ anklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-090-09 PAGE 2 1.0 PROTECTING CULTURAL HERITAGE RESOUCES 1.1 In achieving its cultural heritage objectives, the tools that the Municipality has at its disposal are the goals and objectives of the Official Plan, the Provincial Policy Statement and the Ontario Heritage Act. The Clarington Official Plan sets out the goal of preservation, restoration and utilization of Clarington's heritage resources and the Provincial Policy Statement states that significant built heritage resources and significant cultural heritage landscapes shall be conserved. 1.2 The Ontario Heritage Act was amended in 2005 to provide municipalities with greater control over demolition of heritage resources along with .other matters. A further amendment to the AGt in June of 2006 has provided additional tools and greater flexibility to Municipalitirrs with regard to heritage matters. 1.3 Part IV of the Ontario Heritage Act requires the Municipal Clerk to keep a Register of all properties that have been designated by by-law within the Municipality. The recent amendments to the Act now permit the Register to include properties that have not been designated but that the Council believes to be of cultural heritage value or interest. Council is to consult with its heritage committee prior to adding a property to the Register or removing a property from the Register. 1.4 If anon-designated property is listed on the Register the owner of the property cannot demolish or remove a'building or structure unless they give Council at least 60 days notice in writing of their intentions. The notice is to include such plans and information as Council may require. The 60 day period allows Council to consider whether a demolition permit should be issued or whether the property should be designated. 1.5 The Municipality's Register currently contains properties that have been designated under the Ontario Heritage Act and five non-designated properties, the former Training School and POW Camp 30 at 2020 Lambs Road, the two fire damaged buildings located at 19 Y - 23 King Street West and 33 King Street West in Bowmanville, and the two cement block houses located at 49 and 63 Beaver Street in Newcastle Village. 2.0 ADDITION TO MUNICIIPAL REGISTER 2.1 The properties identifi@d as 5531 Bethesda Road and 5681 Acres Road have been owned by the Ministry of Transportation since early 2000. There is a stone house located on each lot and both have been identified in the inventory of cultural heritage resources as buildings of Primary heritage value (Attachment 1). REPORT NO.: PSD-090-09 PAGE 3 2.2 These buildings have not been resided in for many years. In March of 2005 the Ministry of Transportation had advertised that they would be accepting proposals for the relocation of the homes, however, by November of that year MTO had decided to cancel the heritage house relocation project citing their decision to stabilize the houses in place to prevent further degradation until such time as the Highway 407 project proceeds. 2.3 The route of the highway has now been determined and the impact of the highway on the Municipality's heritage resources has been detailed by MTO's consultant, Unterman McPhail Associates in tables entitled Impact Assessment Tables: Identified Heritage Resources. The Tables indicate that "highway construction activities may potentially affect cultural heritage resources in a number of ways" and that "the effects may include displacement through removal or demolition". The properties subject to this report have been identified in the Tables for "displacement". A Cultural Heritage Evaluation Report (CHER) is recommended in those situations where individual structures will be displaced. Staff have. recently received a Heritage Impact Assessment of the Recommended Design' which states that further investigation including the completion of CHERs will be required to determine the heritage value of these properties before recommendations for mitigation .can be provided, and resources that lie within the transportation corridor that are found to be significant would be considered for relocation, or for documentation and removal. 2.4 The Clarington Heritage Committee (CHC) have identified eight built heritage resources that have been listed for displacement (which could be reuse, removal or relocation) in the Impact Assessment; Tables. Two of the buildings are designated under the Ontario Heritage Act so any praposal to demolish or remove these buildings would be reviewed by Council. The remaining six buildings are on the inventory list but are not designated. The Committee has determined that placing these six buildings on the Municipal Register of non-designated properties would aid in informing the Ministry of Transportation that these buildings should not be demolished. The Committee's comments were provided to Council on July 13~", 2009 through Planning Services report PSD-075-09. The report noted that the 407 Project Team is well aware of the heritage resources affected by the route and is working towards a resolution for each. As the majority of these properkies were still in private ownership, adding them to the Municipal The Werry House The Cole House 5531 Bethesda Road 5681 Acres Road REPORT NO.: PSD-090-09 PAGE 4 Register was not recorhmended at that time as it may cause additional undue duress for the owners who are already experiencing stress due to the acquisition of their lands for the 407. 2.5 MTO has indicated th~t they have not acquired any additional properties to date. They have confirmed that they have reached an agreement with two property owners of displaced buildings butt the details of the agreement, such as the closing dates, have not been released. Staff are recommending that the remaining properties on the displaced properties list be added to the Municipal Register as they come into MTO's ownership. 3.0 CONCLUSION 3.1 The Heritage Impact Assessment states that CHERs will need to be completed before a recommendation can be made for building relocation. The ideal situation is for the proposed displaced bWildings to be kept on site and reused as part of the Highway project. It is acknowledged that this may not always be possible so buildings that have to be removed should. be relocated if possible rather than demolished. The Ontario Heritage Act requires a property owner to notify Council of their intention to demolish or remove anon-designated property that is on the Municipal Register. Placing 5531 Bethesda Road and 5681 Acres Road on the Register will assist in informing MTO of their heritage significance. Upon Council's approval, MTO's heritage consultant will be provided with a copy o Council's resolution which can be incorporated into the Cultural Heritage Evaluation report as support for recommending relocation of the buildings rather than demolition. Attachments: Attachment 1 -Location map List of interested parties to be advised of Council's decision: Ontario Heritage Trust Highway 407 Project Team Unterman McPhail Associates. CHC Ministry of Culture Attachment 1 To Report PSD-090-09 91A ~ ~CONCESSIO ROAD6 ~ ~ F ~ R sev ~-~~~~ sna ` i ' ~~ ` ~/ i~ ~~~ / °®° ~.-~ ~~~~ ~~~~ ~~~ sass -~~ ~ / r ~~~ --- ~- .. ~ ~ ,~~ Proposed 407 Highway Corridor ~., Asa .,,, o Q ' O ~ ~ ~ o ~ w Q 2 CO s,~ ~ sas ~ TAUN ON ROAD ,a , ~ ~ ~ ~ ~ Property Location Map (Darlington) 5531 Bethesda Road ® 5681 Acres Road N