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HomeMy WebLinkAboutPSD-106-09. ~Iar~~gton Leading the Way STAFF REPORT ll2 REPORT PLANNING SERVICES Meeting: COUNCIL Date: Monday, November 9, 2009 Report #: PSD-106-09 File #: PLN 34.5.4.10 By-law #: Subject: REQUEST FOR PERMIT TO DEMOLISH 1592 PRESTONVALE ROAD, COURTICE; A PROPERTY ON THE MUNICIPAL REGISTER OF PROPERTIES OF CULTURAL HERITAGE VALUE OR INTEREST DATIONS: It is respectfully recommended to Council the following: 1. THAT Report PSD-106-09 be received; 2. THAT the stone house located at 1592 Prestonvale Road, be REMOVED from the Municipal Register of properties of cultural heritage value or interest; 3. THAT staff be authorized to issue the permit to DEMOLISH the building; and 4. THAT all interested parties listed in this report and any delegation be advised of Council's direction. Submitted by: j id J. ro , MCIP, P D' ector of Planning Se ices I L/FUdf 4 November 2009 1 Reviewed by: ' - ",- Franklin 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-106-09 1.0 PURPOSE PAGE 2 1.1 To provide Council with an understanding and basis for the recommendation to remove 1592 Prestonvale Road from the municipal register and allow its demolition. The property at 1592 Prestonvale Road was added to the Register in order to allow sufficient time for discussions to be held with the Estate and the developer who owns the adjacent lands. Staff wished to explore the potential for the stone house to be conserved and incorporated into a low to medium density project. 2.0 BACKGROUND 2.1 At the Council meeting held on October 26, 2009 Council approved adding the property identified as 1592 Prestonvale Road, which is owned by the Worden Estate, to the Municipal Register as anon-designated property of cultural heritage value or interest. 2.2 On October 26, 2009 staff meet with the executor of the Estate, Tom Worden, and Michael Freedman of 289143 Ontario Limited. Mr. Worden outlined the issues regarding the sale of the property and the Estate's concern in regard.to maintaining property insurance (Attachment 1). 2.3 On October 27, 2009 an application to demolish the home was submitted. As the property is recorded on the Municipal Register, the Ontario Heritage Act provides Council with sixty (60) days in which to address the request for demolition. Council has the option of either removing the property from the Municipal Register so that a permit can be issued to demolish the building; or not responding to the submission, in which case they would be deemed to have consented to the application; or initiating the heritage designation process. 3.0 PLANNING CONTEXT 3.1 The Provincial Growth Plan promotes urban intensification of underutilized properties with higher densities along major arterial roads to support transit use. At the same time, municipalities are to develop strategies that include the conservation of cultural heritage resources as built-up areas are intensified. In 1995, at the time of the preparation of the South-West Courtice Secondary Plan, this .property was considered a site for more intense development. A Heritage House symbol was placed on the Secondary Plan land use map and it was anticipated that development alternatives would to be explored that could incorporate the house (Attachment 2). 3.2 This property has frontage on a Type C arterial road and could be a prime location for a medium density development or anon-residential use which is compatible with the neighbourhood (Attachment 3). The site is designated low density residential in the Secondary Plan. As the site was not part of the subdivision development that surrounds the property it is currently zoned Agricultural. The Estate lands and 289143 Ontario Limited lands total 0.5 hectares which would permit a maximum of 15 residential units as of right. The Official Plan could be amended to permit medium density use at a REPORT NO.: PSD-106-09 PAGE 3 maximum of 30 residential units. The residential polices of the Official Plan .permits additional uses other than housing without an amendment to the Plan, such as corner stores and day care centres. A rezoning and site plan approval would be required for development of the property. Staff believe, that to achieve the development potential for the property a longer term development horizon is required. The inheritors of the Estate would like to settle the estate. The adjacent developer has not expressed any interest in developing the site for an innovative use, whether residential or otherwise. 3.3 As a single family residential property, the house is surrounded by new subdivision and is across the street from the South Courtice arena. Many would not consider this a desirable location for a building of this type. Heritage homes on one acre lots are best suited to neighbourhoods with properties of similar character. Attempts to sell the property have been unsuccessful. 4.0 HISTORICAL AND CULTURAL VALUE 4.1 The stone house on this property was built circa 1850 and is recorded in the 1861 Tremaine map and the 1878 Belden's Atlas as being owned by Thomas Worden. It is the original-homestead and house for the Worden lands which at one time extended south to Lake Ontario. In addition to this cultural heritage, the house is constructed of rubble fieldstone in the architectural style of a Regency Cottage and it has unusually large front windows. There is a single storey fieldstone wing extending from the north side of the house which has a different stone pattern, most likely indicating a difference in age and builder from the main portion of the home. The limestone voussoirs over the windows are unique, as the limestone was probably brought as ballast from Kingston. This property's cultural and architectural significance would qualify it for heritage designation under the Ontario Heritage Act. 4.2 The Clarington Heritage Committee (CHC), as per the Ontario Heritage Act, were consulted prior to property being added to the Municipal Register and also after the application for the demolition permit was received. A special meeting of the CHC was held on October 29, 2009. Mr. Worden attended the meeting and explained the circumstances regarding the property to the Committee members. After giving consideration to Mr. Worden's comments, and having reviewed the property in terms of its architectural and historical significance, the Committee passed the following motion: The Clarington Heritage Committee recommends to Council that the Worden family home at 1592 Prestonvale Road remain on the Municipal Register and initiate the designation of this property under Part IV of the Ontario Heritage Act. The house has been identified since 1995 on the Secondary Plan, and prior to that on the LACAC inventory list of 1985, as a property of cultural heritage value. One of the few remaining heritage structures in Courtice, the stone Regency cottage exhibits a unique stone pattern. REPORT NO.: PSD-106-09 PAGE 4 4.3 Heritage Designation Should Council wish to act on the recommendation of the CHC, Council would initiate the heritage designation process by authorizing the Municipal Clerk to serve a Notice of Intention to Designate under the Ontario Heritage Act. Attachment 4 outlines the requirements of the Act and indicates that the owner can appeal potential designation of the building to the Conservation Review Board, who will hold a hearing and report back to Council with their recommendation. The final decision on whether or not the building should be designated remains with Council. If the building is designated the owner can apply to Council to demolish the structure. Should Council refuse the application, or approve the application with terms and conditions that are unsatisfactory to the owner, the owner can appeal the decision of Council to the Ontario Municipal Board. The OMB will make the final decision on the demolition. Any appeal of the heritage designation of this property to the Conservation Review Board, or appeal of a refusal to permit demolition after designation to the Ontario Municipal Board, would require staff and legal representation at the hearings. 4.4 Removal from the Municipal Register Ootion Should Council approve the Staff recommendation to remove the property from the Municipal Register, the application to allow demolition of the structure will be issued. In this case, it is most likely that the property will remain vacant until such time as the site is amalgamated with the adjoining lands owned by 289143 Ontario Limited or another developer with an interest in the property brings forward an application. 5.0 COMMENTS 5.1 The issue that has triggered both the application for demolition and the expediency with which this issue is being addressed is the insurance issue faced by the Estate. In this case there are some overriding circumstances. While there are insurance companies that provide insurance on vacant buildings it is costly as it relates to risk avoidance and management. In this particular case, because -the Estate is the owner of the building and the inheritors are named, they could be personally held responsible should an unfortunate accident or incident occur. This is unlike other situations when the owner is a limited company and thus the liability is limited to the company, not their personal finances. In addition, the inheritors of the Estate do not wish to incur the ongoing cost of insurance and maintenance of the building, especially given the difficulty the Estate is having in finding a willing insurer. The inheritors of the Estate are concerned for their ongoing liability and have concluded that the demolition of the house is their only recourse. In anticipation of demolition much of the interior finishing has been removed from the home making it uninhabitable. REPORT NO.: PSD-106-09 PAGE 5 6.0 CONCLUSION 6.1 This building is one of the few remaining heritage houses in Courtice. At the current time there is no developer interested in combining the two properties and retaining the structure for its development potential as an alternate use. While the site has potential to be utilized for a more intensive housing development or commercially; it requires a buyer willing to pursue those options and alternatives. 6.2 Staff are recommending that the property be removed from the Municipal Register and they be authorized to issue the permit to demolish. Attachments: Attachment 1 -Worden Estate Submission Attachment 2 -South-West Courtice Secondary Plan Land Use Map Attachment 3 -Site Map showing ownership of Worden Estate and 289143 Ontario Limited Attachment 4 -The Heritage Designation Process List of interested parties to be advised of Council's decision: Ontario Heritage Trust Clarington Heritage Committee Ministry of Culture The Worden Estate To Report SD 106n09 T.S. Worden 36 Prince Rupert Drive Courtice ,Ontario L1E 1Z5 October 7, 2009 Dear Ms. Little, As discussed, I have attached some information which maybe relevant to our application for a demolition permit for our house on Prestohvale Road. The house has been uninhabited for approximately 2'h years, and no one in our family will live in the house. 2. Over the past 1 '/ years, the house has been listed for sale. During that time, we did not receive one offer. It appears that then: an: two main factors: (1) It is not a desirable location to purchase a house and approximately 1 acre lot; and (2) The costs to bring the house to a satisfactory level for habitation are substantial: 3. We have been advised that it is not practical to consider moving the house and in fact, it may not be possible to move it at all. 4. We have been advised by our insurance company that they will cease to insure the house effective November 10,2009. 5. In view of the above, we have applied for a demolition permit and in anticipation of demolishing the house before November 10"'; we have salvaged fixtures from the house, including cupboards, etc. I hope that the above helps you understand our position and why we have concluded that the only practical way to proceed is to demolish the house and at some point sell the property as vacant land, which will in all likelihood be developed in conjunction with the balance of the farm. ` Thank you for your consideration. ~~~ Tom Worden $ECONDARY PLANS-SOUTH-WEST COURTICE ~ ~/'~ ~ ~~~~~ i i / ~ PLANNMG AREA BOUNDARY ® FUTURE URBAN RESIDENTIAL r?~=~'-~'?=' i ~~- iBL~R S ~ ~ lOW DENSITY RESIDENTIAL • FFT , MEDRAA CENSRY RESIDENTIAL ~ i j ~ HIGH DENSItt RE~ENTIAL ~ O ~ ~ ~ ~ NEKx180URIipOD PARK ~ ~. ~ ~ . • ~'~"'""' ENNRONMENTAL s•« i j PRD1EC710N AREA ;~ ~ i ~ ~ `" STORM WATER FACILITY ~ ~ PUBLIC j ~: ~ ® SECONDARY SCHOOL ~ -::. • ~ ~~ ` Q ® PUBLK: :i:: ELFAIENTARY SCHOOL ~••• ~°~°°°°°"'°°°°°•'w OP ® SELQAENTARY SCHOOL 1 • ~ .. •• O / ~ NEK;tiB0URH00D CENTRE ~ ':::: .. ~ ::::• ~ .:.•: .' •. UTUTIES ~ p ; ; r 0 HERITAGE HDUSE ~ •.~.. 1 ••••~•~~~~•••~ -i ~;•; '• • • it W _ ~ ARTERIAL RDADS TYPE A •• i ~, it J ARTERIAL ROADS TYPE B • ' ~~ i ~ ~ ~ ARTERIAL ROADS TYPE C • i I 2 ~ ~~.. COLLECTOR ROA ~ ' O • ~ LOCAL ROAD ACDS ~ I' CESS /'~ ` ,,w ~~ `±~.' • ~L li ~ ... ` I INTERSECTION IMPROVEMENT ._i ~ •••••••.~ PEDESTRIAN AND BICYCLE RWTES BLOOR O O 2 A ~lyS} V hLOS~ RA/LWgY '~, 9Q m Z~ OZ c+~ F~ 'F ROAD Attachment 2 To Report PSD-106-09 MAP A LAND USE BAYVIEW NEIGHBOURHOOD SECONDARY PLAN JANUARY 2. 2007 SWC-4 Municipality of Clarington Official Plan -Office Consolitlation (January 2007) Attachment 3 To Report PSD-106-09 Attachment 4 To Report PSD-106-09 Heritage Designation Process In accordance with the provisions of the Ontario Heritage Act, initiation of the designation process begins with Council authorizing the Clerk to give Notice of Intention. Council is to consult with the CHC before giving the Notice prescribed. The Notice is to be served on the owner and is to be published in a newspaper having general circulation in the municipality and is to include a statement that notice of objection to the designation may be served on the Clerk within 30 days after the date of publication. If there is no objection Council can pass a by-law designating the property. Objections to the designation are to be referred to the Conservation Review Board for a hearing. The Conservation Review Board will hold a hearing and within 30 days of the conclusion of the hearing will report to Council with its recommendations. Upon considering the report Council can pass a by-law designating the property. A copy of the by-law, together with a statement explaining the cultural heritage value or interest of the property and a description of the heritage attributes of the property is served on the property owner and the Ontario Heritage Trust , is registered on the title of the property, and the notice of the by-law is published in the local newspaper. Should Council not wish to proceed with designation the' Notice of Intention to designate is withdrawn and a notice of withdrawal is served on the property owner and the Ontario Heritage Trust, and is published in the local newspaper. The decision of Council is final with regards to Part N of the Ontario Heritage Act. If a Notice of Intention to designate is given under the Ontario Heritage Act any permit that allowed for the alteration or demolition of the buildings on the property would be void as of the day the Notice of Intention is given and the property is treated as if it is designated. Owners of designated properties cannot demolish or remove buildings from a property unless they apply to Council and receive consent in writing. Council has 90 days to review the application. This period can be extended upon agreement between the owner and Council. Council is to consult with the heritage committee and may consent to the application, consent subject to terms and conditions, or refuse the application. Notice of Council's decision is served on the owner and the Ontario Heritage Trust, and is published in the local newspaper. If Council refuses the application to demolish or remove a building, or approves the application subject to terms and conditions, the property owner can appeal Council's decision within 30 days of receiving notification. Appeals filed with the Municipal Clerk and the Ontario Municipal Board. The OMB will hold a hearing and may order that the appeal be dismissed, or that the Municipality consent to the demolition without terms and conditions, or with the terms and conditions set by the OMB. The decision of the Ontario Municipal Board is final.