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Home My WebLink AboutPSD-110-10Clarin~gton Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 27, 2010 Resolution #: (,`~ ~/~~-fib By-law #: a0/0-/a7 Report #: PSD-110-10 File #: PLN 34.5.2.3, PLN 34.5.2.5, RE 4.10 Subject: AMENDMENT TO HERITAGE DESIGNATION BY-LAW 87-15 ORONO TOWN HALL, 5315 MAIN STREET, ORONO RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD-110-10 be received; 2. THAT the Municipal Clerk and Staff be authorized to carry out the necessary actions including notification to amend the heritage designation for Orono Town Hall By-law 87- 15 pursuant to the Ontario Heritage Act, R.S.O. 1990, c.0.18; 3. THAT the Mayor and Municipal Clerk be authorized to enact the amending By-law, Attachment 3 to Report PSD-110-10, to amend heritage designation By-law 87-15 for the Orono Town Hall, 5315 Main Street, Orono; and 4. THAT the Ontario Heritage Trust, the Clarington Heritage Committee, the property owner and the interested parties listed in Report PSD-110-10 be advised of Council's decision. Submitted by: G /~`~~/ Reviewed by: y Langmai , FCSLA, MCIP cting Director of Planning Services IUFUdf 21 September 2010 ~c~~- 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-110-10 1.0 BACKGROUND PAGE 2 1.1 On January 26'h, 1987 Council approved the heritage designation of Orono Town Halt located at 5315 Main Street in Orono under Part IV of the Ontario Heritage Act. The property is located in Orono's heritage downtown core (Attachment 1). Heritage designation By-law 87-15, which is included as Attachment 2, specifically lists the historical significance and the architectural features of the building that supported the reasons for designation. The legal description of the property in the By-law is identified as "located in Orono Village Lot 7, Block 0, fronting on Main Street within Township Lot 28, Concession 5, according to C.G.Hanning's Plan of the former Village of Orono". 1.2 This property is owned by the Municipality. At the time of its designation the Municipality also owned the Orono Armories at 6 Park Street immediately to the east of the Orono Town Hall. The Town Hall and the Armories were the same property. The designation By-law 8Z-15 only referred to the Town Hall building but it was registered to the land parcel that contained the two buildings. 1.3 In December 1997 Council approved the sale of the Armories by the adoption of ADMIN-58-97. When the property was severed and transferred to the new owner the heritage designation by-law of Orono Town Hall registered against the property description was not removed from the lands sold, the Orono Armories at 6 Park Street. 1.4 The Orono Armories has recently been re-sold and when verifying the title of the property the prospective owner and their solicitior noted that the By-law still appears on title and have asked that it be removed. 1.5 To eliminate the Orono Town Hall designation from the property register of the Armories, the designation By-law property description has to be amended. An amending By-law is Attachment 3 to this Report. 2.0 ONTARIO HERITAGE ACT REGULATIONS 2.1 The Ontario Heritage Act empowers a municipality to pass a by-law designating a structure of cultural heritage value or interest. Section 30.1 of the Act states that where Council intends to amend a by-law designating a propertythe Clerk of the Municipality is to serve Notice of the amendment to the designation By-law on the property owner. The Notice is to contain an explanation of the purpose and effect of the proposed amendment and to give the owner the opportunity to file an objection with the Clerk within 30 days of receiving the Notice. 2.2 Council is required to consult with its heritage committee prior to amending a designation By-law: The Clarington Heritage Committee was informed of the requested amendment to By-law 87-15 during its September 21st, 2010 meeting: The CHC have no objection to the amendment to the legal description as it does not have any effect on the heritage designation of the property. REPORT NO.: PSD-110-10 PAGE 3 If there is no objection to the proposed amendment then the Mayor and Municipal Clerk can sign the amending By-law. Any objections to the proposed amendment will be referred to the Conservation Review Board for a hearing. 3.0 CONCLUSIONS 3.1 It is our understanding that the new owner of the Orono Armories intents to refurbish the building in keeping with its heritage character and using architecturally sympathetic materials, some of the work has already proceeded and complements the heritage character of Park Street. 3.2 It is recommended that the Municipal Clerk prepare and send, the required Notice of Intention to amend the heritage designation By-law 87-15, pursuant to Section 30.1 of the Ontario Heritage Act. Staff Contact: Faye Langmaid Attachments: Attachment 1 -Property Location Attachment 2 -Heritage Designation By-law 87-15 Attachment 3 -Amending Bylaw .Interested parties to be notified of Council's and Committee's decision: Clarington Heritage Committee members Ontario Heritage Trust Bert Duclos, Heritage Advisor, Ministry of Culture Murray D. Pearson Allister Macrae Orono Town Hall Attachment 1 ~`o Report PSD-110-10 Attachment 2 ' To Report PSD-110-10 " THE CORPORATION OF THE .TOWN OF NEWCASTLE BY-LAW 87-15 being a by-law to designate the property known municipally as the former "Clarke Township Hall", North-east corner of Main and Park Streets, Orono as being of Architectural and Historical value or interest WHEREAS the Ontario Heritage Act, 1974 authorizes the Council of a municipality to enact by-taws to designate real property, including all the buildings and structures thereon, to be of architecturai and historical interest; and WHEREAS the Council of the Corporation of the Town of Newcastle has caused to be served upon the owner of the lands and premises known as the Old Clarke Township Hall located in Pillage Lot Seven (7), Block 0, fronting on Main Street within Township Lot Twenty-eight (28), Concession 5, geographic Township of Clarke, according to C. G. Hanning's Plan of the former Pillage of Orono, now in the Town of Newcastle, 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 theOrono Weekly Times, a newspaper havinga general circulation in the area of the designation, ohce each week for three consecutive weeks, namely: December 3rd, December 70th and December 17th, 1986; and WHEREAS the property located on the north-east corner of Main and Park Streets, Orono has a very significant architectural and historical value of interest to the Town of Newcastle and its people in that the building, a late Victorian Building, was built c.1898-99 has changed little in appearance and makes an important contribution to the streetscape and overall character of Main Street, Orono and served as the Township Hall from 1899 until 7974. The entire structure and its interior and exterior fittings are designated as being of architectural and historical value. WHEREAS the Local Architectural Conservation Advisory Committee of the Town of Newcastle has recommended that the property "The Old Clarke Township Hall" be designated under the terms and conditions of the Ontario Heritage Act, 1974; and WHEREAS no notice of objection to the proposed designation has been served upon the Clerk of the Municipality; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS: I. There is designated as being of Architectural and Historical value of interest, the real property known as "The Old Clarke Township Hail" located in Orono Pillage Lot 7, Block 0 fronting on Main Street, within Township Lot 28, Concession 5, according to C. G. Hanning's Plan of the former Village of Orono, now in the Town of Newcastle. 2. The Municipal Solicitor is hereby authorized to cause a copy of this By-law to be registered against the property described in the preceding paragraph in the proper land registry office. 3.. The Town Clerk is hereby authorized to cause a copy of this By-law to be served upon the owner of the aforesaid property and on the Ontario Heritage Foundation, and to cause Notice of the passing of this by-law to be published in the Orono Weekly Times, a newspaper having a general circulation in the area of the designation, once each week for three consecutive weeks. By-law read a first time and second time this 26th day of January 1987 By-law read a third time and finally passed this 26th day of January 1987 Mayor cL ~..-.,I-c.~. ~ . Clerk THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.: 2010 - Attachment 3 To Report PSD-110-10 being a By-law to amend By-law 87-15, being the Heritage Designation of Orono Town Hall WHEREAS By-Law 87-15 was intended to designate the property known as "The Old Clarke Township Hall" as a property of architectural and historical value or interest under the Ontario Heritage Act; WHEREAS By-Law 87-15 mistakenly provided a legal description for "The Old Clarke Township Hall° that included lands other than lands that were intended to be designated; WHEREAS this By-Law is passed under the authority of Subsection 30.1 (2) of the Ontario Heritage Act tc correct the legal description of the property; WHEREAS by an amendment to The Regional Municipality of Durham Act (S.O. 1993, Chap 3, Section 1), do July 1, 1993, The Corporation of the Town of Newcastle was continued as a town municipality under the name The Corporation of the Municipality of Clarington; and NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the Municipality of Clarington enacts as follows: 1. Paragraph 1 of By-Law 87-15 is deleted and the following substituted therefore: The property known as "The Old Clarke Township Hall" legally described as Lot 7, Blk "O" (Lot 28, Conc. 5 Clarke) PI Village of Orono, Clarke save and except D507737; Clarington is hereby designated as a property of architectural and historical value or interest under the Ontario Heritage Act. 2. This By-law shall come into force and take effect on the date of its passing. By-law read a first time this day of October 2010 By-law read a second time this day of October 2010 By -law read a third time and finally passed this day of October 2010 Abernethy, Mayor Patti L. Barrie, Municipal Clerk