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HomeMy WebLinkAboutPSD-042-11CI ~Rari~gton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 9, 2011 Resolution #: GPI~-SSO- I I By-law #: N/A Report #: PSD-042-11 File #: PLN 34.11.52 Subject: POTENTIAL ADDITION TO MUNICIPAL REGISTER OF PROPERTIES OF CULTURAL HERITAGE VALUE OR INTEREST; 37 NORTH STREET AND 51 NORTH STREET RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-042-11 be received; 2. THAT the Clarington Heritage Committee be requested to carry out further investigation and research on 51 North Street, Newcastle Village; and 3. THAT all interested parties listed in Report PSD-042-11 and any delegation be advised of Council's direction. Submitted by: David J. rome, MCIP, RPP Director of Planning Services IUFL/df 3 May 2011 Reviewed by: ~ ~~-"^.~`-~--.--~-'~J ~t-- 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-042-11 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. The amendments to the Act permit the Register of heritage resource properties to include non-designated properties that the Council believes to be of cultural heritage value or interest. Because Clarington has a municipally appointed heritage advisory committee, Council is required by the Ontario Heritage Act to consult with the committee prior to adding or removing a property from the Register. 1.3 If a non-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 to make an informed decision. The 60 day period allows Council time to consider whether a demolition permit should be issued or whether the property should be designated. 1.4 The Municipality's Register currently contains properties that have been designated under the Ontario Heritage Act and non-designated properties which are listed in Attachment 1. 2.0 ADDITION OF 37 NORTH STREET AND 51 NORTH STREET TO MUNICIPAL REGISTER 2.1 On April 19th, 2011 the Clarington Heritage Committee (CHC) reviewed the development applications filed by Newcastle (King) Developments Inc. for an Official Plan Amendment, Zoning By-law amendment and Site Plan approval for the properties identified as 37 and 45 North Street, and 80, 92 and 100 King Avenue West (Attachment 2). The properties subject to the development application are currently owned by Syvan Developments Limited, Yvonne Gilkes and Mildred Fisher. Syvan is not one of the partners in the development application. The development application is the subject of PSD-039-11. 2.2 The houses located at 92 King Avenue West and 37 North Street have been identified in the inventory of built cultural heritage resources as buildings having Heritage Merit. Heritage Merit structures are buildings generally built between 1900 and 1950 and have most of their original architectural features intact. Buildings built prior to 1900 that have been significantly altered but historical connections to a community are also listed as Heritage Merit properties. REPORT NO.: PSD-042-11 PAGE 3 2.3 Heritage Impact Assessments were completed by a consultant for the development as part of the planning application process for 92 King Avenue West and 37 North Street. Syvan Developments Limited is the current owner of 37 North Street and 92 King Avenue West. Both Assessments concluded that the owner not the development applicant consider moving the houses to other lots in or near Newcastle, assuming a buyer could be found who would be willing to bear the moving costs and accomplish the move in a reasonable time to not impede the development. 2.4 92 KinG Avenue West Syvan Developments have considered the recommendation to move the wood frame building at 92 King Avenue West and have informed Staff that, in their opinion the poor condition of the house, its size, and the cost, do not warrant moving the building. Staff and the CHC concur with the owners' assessment of the condition of the building. Given the lack of any architectural, historical or associative value Staff agree with the owners intention to demolish. A demolition permit was issued on April 26th, 2011. 2.5 37 North Street The Heritage Impact Assessment for this building concluded that it did not meet the criteria for designation under the Ontario Heritage Act as the property did not appear to have any strong historical connections to the community and its architectural style is not a rare or unique example that should be conserved. Syvan Developments have informed staff that the building is occupied by residential tenants at this time and that they have not determined if they are going to demolish the building or if they will be moving it to another location. 2.6 51 North Street 51 North Street is immediately north of the development application and is a residential property owned by Kevin and Darlene Hawes. The building is recorded in the inventory of built cultural heritage resources as Heritage Merit. It was noted during the CHC meeting that this property has cultural heritage value to the community as it was built by Lewis Wilmot in 1857. Lewis was the brother of Samuel Wilmot, who was the developer REPORT NO.: PSD-042-11 PAGE 4 of one of the earliest and largest fish hatcheries in North America. Lewis operated a tannery on the property which extended along the south side of Wilmot Street. The house became a Lovekin residence through marriage as it was once the home of Judge Richard Lovekin's grandmother. 2.7 Potential Addition to MunicipalReqister The CHC reviewed the proposed development within the context of its compatibility with the existing heritage architecture in the downtown core, and its impact on the heritage buildings on the site. In order to give Council the opportunity to comment on the possible demolition of 37 North Street, and in order to recognize the cultural heritage value of 51 North Street, the CHC passed a motion recommending the addition of both buildings to the Municipal Register as Non-Designated Properties of Cultural Heritage Value or Interest. 2.8 The owners of 51 North Street have stated that they object to having their property listed on the Municipal Register. They plan to sell the house and are concerned that listing the house on the Municipal Register would have a negative impact on its resale. 2.9 Syvan Developments have stated that since the Heritage Assessment of 37 North Street found neither historical significance nor architectural significance they do not support the property being listed on the Municipal Register (Attachment 3). 3.0 COMMENTS 3.1 The Ministry of Culture has prepared a list of criteria for determining a property's cultural heritage value to a community prior to designating a property under Part IV of the Ontario Heritage Act. The criteria can also be used as a guide for evaluating a property before adding it to the Municipal Register as a non-designated property of cultural heritage value or interest. Factors to be considered include: · Does the property have design value or physical value because it is a rare, unique, representative or early example of a style, type, expression, material or construction method; REPORT NO.: PSD-042-11 PAGE 5 · Does the property have historical value or associative value because it has direct associations with a theme, event, person, activity, organization or institution that is significant to a community; and · Does the property have contextual value because it is important in defining, maintaining, or supporting the character of an area, is physically, functionally, visually or historically linked to its surrounds, or is a landmark. 3.2 The house located at 37 North Street is representative of houses built during the 1940s. The main portion of the house is constructed of brick and it has a stone front porch and a stone chimney on the south side. The house was most likely built by or for Carl Weyrich. Weyrich was the owner of Weyrich Wood Products, which was located to east of the house on what is now vacant land. While the house appears in good condition, the Heritage Assessment does not provide sufficient justification to add the house to the Municipal Register or to support its designation under Part IV of the Ontario Heritage Act. 3.3 The Lewis Wilmot house located at 51 North Street has historical and associative value to the community. The house has stood in the same location since it was constructed in 1857. Very little of its original exterior architectural features remain, however its historical association with the Wilmot and Lovekin families, and its connection to the Wilmot tannery business on Wilmot Street indicate that it does have cultural heritage value in its current location. 3.4 While detailed research and evaluation of a property is not required prior to adding a building to the Municipal Register as a non-designated Property of Cultural Heritage Value or Interest it has typically been how the Muncipaliyt has proceeded. Also, consultation with a property owner prior to adding a building to the Register is not required but has been the Municipality's practice. 3.5 The Ontario Building Code requires demolition permits for residential structures to be issued within 10 days of application, permits cannot be issued until the utilities are disconnected and a permit is valid for six months. No prior consultation with Council is required for demolition unless the building is subject to the requirements of the Ontario Heritage Act. The purpose of listing a building on the Municipal Register is to give Council a 60 day period to decide if a built cultural heritage resource can be demolished or moved off site, or if the building should be formally designated under the Ontario Heritage Act. Council may ask for any plans or information that they may require prior to making a decision to remove a property from the Register such as a structural report or detailed justification for demolition. 3.6 The CHC are requesting Council consider adding 37 North Street to the Municipal Register in order to provide the opportunity to be informed of the possible demolition or relocation of the structure. Given that the Heritage Assessment prepared, submitted and accepted by the Municipality does not find the building worthy of designation, Staff do not support the recommendation of the CHC. The owner could relocate the building or request a demolition permit. They should not be required, in Staff's opinion, to carry out additional steps. REPORT NO.: PSD-042-11 PAGE 6 3.7 The request to add 51 North Street to the Municipal Register has been based on its cultural heritage connections to the community. Additional research on this property and its inhabitants will be required to determine if it is worthy of heritage designation. Staff are recommending that the additional research be undertaken and a more fulsome report can be brought back to Council to support its inclusion on the Municipal Register. The building is not in imminent danger of being demolished and is not part of the development application which is the subject of Report PSD-039-11. 4.0 CONCLUSIONS 4.1 The owners of 37 North Street and 51 North Street object to being placed on the Register, however, neither owner has indicated that they have immediate plans to demolish the homes. Syvan Developments have not determined if they are going to demolish the house at 37 North Street or move it to other lands that they own nearby. The Hawes have indicated that they plan to sell the house at 51 North Street and do not want any potential sale to be impeded by the building being listed on the Municipal Register. 4.2 In the case of 37 North Street listing of the home on the Municipal Register was suggested by the CHC as a way of providing Council with information with regard to the homes relocation or demolition. Staff can inform Council of the decision of the owner on relocation or demolition, when the owner has determined how they will proceed. 4.3 In the case of 51 North Street additional research should be undertaken by the CHC and Staff to determine the associative value the property has to important historical characters that influenced the development and history of Newcastle, the Wilmots and Lovekins. The addition of this home to the Municipal Register will be the subject of a future report to Council. Staff Contact: Isabel Little Attachments: Attachment 1 - Municipal Register of Non-designated Properties Attachment 2 - Location map Attachment 3 - Syvan Developments response List of interested parties to be advised of Council's decision: Ontario Heritage Trust CHC Ministry of Culture Clarington ACO Syvan Developments Kevin and Darlene Hawes Attachment 1 To Report PSD-042-11 Boys Training School IPOW Triple Dorm PSD-016-10 Camp Kiwanis House 2020 Lambs Road, Infirmary Bowmanville Dining Hall Natatorium Jury House '19 ~ - 23 King Street West, Commercial 1 PSD-040-09 Residential Building Bowmanville 33 King Street West, Commercial 1 PSD-040-09 Residential Building Bowmanville 106 Beaver Street South, Cement Block House PSD-055-09 Newcastle Village PSD-117 -09 107 Beaver Street South, Cement Block House PSD-055-09 Newcastle Village PSD-117 -09 5531 Bethesda Road, Stone House PSD-090-09 Darlington Township 5681 Acres Road, Darlington Stone House PSD-099-09 Township 15 King Avenue West, PSD-031-10 Newcastle Village Commercial Building 4 and 10 King Avenue East Commercial Building PSD-031-10 7755 Old Scugog Road, PSD-072-10 Enniskillen Accessory building 5658 Bethesda Road Brick House PSD-032-11 7500 Highway 35/115 Stone House PSD-032-11 Attachment 2 To Report PSD-042-11 129 \ 58 54 106 115 68 64 50 - 98 WILMOT STREET 81 53 88 57 Proposed 'A Supermarket Site / 1/ 78 51 ~ --' 68 I l- I ~ 58 W W 0::: S88 I- (j) ~ RS I ~ 26 ~ 24 0 Z ~ 20 rh Ii 100 ~I 80 72 ~20 14 r--- ~ KING A VENUE EAST l--l V 115 109 119 101 16 123 45 Property Location Map (Newcastle Village) ~ 51 North Street a 37 North Street AI I/I;~~ s Attachment 3 To Report PSD-042-11 20 ROBERT STREET WEST, UNIT A NEWCASTLE; ONTARIO L 18 ice Bus. 905-987-3211 Fax 905 987-3083 Toll Free 1-866-987-3211 wWw.syvlln.cO!\l April 25.2011 Isabel Little Heritage Conunittee Planning Dept. l'vlunicipality of Clarington Dear 1v1s. Little: RI~: 37 North Street, Newcastle As the beneficial owner of the above property (37 North Street is owned by Sylvia Vanhaverbeke in Trust for Syvan Developnlents Limited), we are offering our comments on the proposal to list the property on thelv1unicipal Register of Cultural Heritage Properties. Since an investigation into the property found neither historical significance nor architectural significance, we do not support this property being listed on the Municipal Register of Cultural Heritage Properties. We are very responsible property owners and will do our best to beneHt the community with this property as we do with all of our properties. Thank you for considering our position on this. I would be happy to address any questions or concerns. Sincerely, SYV AN DEVELOPjvIENTS LIMITED '/'~~z--- //6" /'. . -.- ,,/ .;~ ~11 Vanhaverbeke p\J71wordlhcrilage listing leller apr 25 2011