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HomeMy WebLinkAboutPDS-042-26Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: May 11, 2026 Report Number: PDS-042-26 Authored By: Sarah Allin, Principal Planner Submitted By: Darryl Lyons, Deputy CAO, Planning and Infrastructure Services Reviewed By: Mary-Anne Dempster, CAO By-law Number: Resolution Number: File Number: PLN 34 Report Subject: Objection to Notice of Intention to Designate; 38 Second Street, Bowmanville Recommendations: 1.That Report PDS-042-26 and any related delegations or communication items, be received; 2.That the Notice of Objection considering 38 Second Street, Bowmanville (Attachment 1 to PDS-042-26) be received; 3.That Council affirms its intention to designate 38 Second Street, Bowmanville under Section 29 of the Ontario Heritage Act based on its identified cultural heritage value or interest; 4.That Staff be directed to bring the Designation By-law (Attachment 2 to PDS-042-26) for the property at 38 Second Street, Bowmanville before Council at a future meeting; 5.That all interested parties listed in Report PDS-042-26, be advised of Council’s decision. PD-049-26 Municipality of Clarington Page 2 Report PDS-042-26 Report Overview Ontario Heritage Act 1. Background 1.1 On January 19, 2026, Council endorsed staff recommendations via Planning and Development Committee Report PDS-003-26 to pursue the designation of 17 properties along Veterans Avenue, Second Street, and Lambs Lane, as being of cultural heritage value or interest under the Ontario Heritage Act (OHA). 1.2 Notices of Intention to Designate were sent to property owners and published on the Municipality’s website on February 13, 2026, in accordance with the OHA. The 30-day statutory objection period ended on March 15, 2026. 1.3 On March 10, 2026, the Municipal Clerk received a notice of objection to the proposed designation of 38 Second Street, Bowmanville. 1.4 The OHA requires Council to consider and make a decision on an objection to a Notice of Intention to Designate within 90 days of the end of the objection period, which i n the case of 38 Second Street is June 13, 2026. 1.5 Council may choose to affirm or withdraw the intention to designate the property at 38 Second Street, Bowmanville. 2. Discussion 2.1 The subject property is located on the north side of Second Street, Bowmanville, and contains a one-storey building constructed between 1946 and 1947 (shown in Figure 1, below). The property forms part of the Bowmanville Victory Housing initiative that includes properties along Veterans Avenue, and Second Street, and Lambs Lane , brought forward for designation together as part of Report PDS-003-26. Municipality of Clarington Page 3 Report PDS-042-26 2.2 The subject property has been researched for cultural heritage significance using the prescribed criteria under Ontario Regulation 9/06 of the OHA through a Cultural Heritage Evaluation Report prepared by Archaeological Research Associates Ltd. The property was found to meet three of the nine criteria demonstrating cultural heritage value or interest, meaning the threshold for designation is met. 2.3 The property has design value as a representative example of purpose-built post-WWII Victory Housing. The property has historical value for its association with the Veteran’s Housing initiative spearheaded by the local municipal government as a result of legislation like the Veteran’s Land Act, as well as for its association with Camp 30, a Prisoner of War Camp for German military officers. The property, along with neighbouring properties, is important in supporting the character of the planned Victory Housing neighbourhood located along Veterans Avenue, Second Street, and Lambs Lane. A more detailed description of the property’s cultural heritage value or interest is found in PDS-003-26. 2.4 Council endorsed the recommendations from staff to pursue the designation of 38 Second Street at its January 19, 2026, Planning and Development Committee meeting on the basis that the property meets three of the prescribed criteria. 2.5 The property is currently on the Municipality’s Heritage Register as a listed property under section 27 of the OHA. However, its status as a listed property will expire on January 1, 2027, in accordance with changes to the OHA implemented through Bill 23. 2.6 Bill 23, More Homes Built Faster Act, 2022, introduced a requirement that properties listed on the municipal Heritage Register must be advanced to designation by January 1, 2027, or they will be automatically removed from the Register. Once a property is removed from the Register, it cannot be added back onto the Register for a period of five years. If Council chooses to withdraw the notice of intention to designate, the property will remain unprotected from further alteration or demolition. Figure 1: 38 Second Street, Bowmanville Municipality of Clarington Page 4 Report PDS-042-26 Consultation 2.7 Effort was made to consult with the owners of the subject property throughout the heritage designation process over the last eighteen months, above the statutory requirements under the Ontario Heritage Act, including:  October 2024 – The Municipality hosted a Heritage Information Session to explain the heritage designation process to listed property owners whose properties required evaluation before the Bill 23 deadline of January 1, 2027. All listed property owners were invited. A recording of the session was later made available online, with the link included in subsequent correspondence.  July and November 2025 – Letters were sent advising that a Cultural Heritage Evaluation Report had been completed and that the property would be considered for designation at an upcoming Clarington Herita ge Committee meeting. The letters offered to share the report, invited property owners to attend the meeting, and provided staff contact information for questions or comments.  January 2026 – A letter was issued notifying the property owner that the Clarington Heritage Committee had recommended the property for designation and that a staff report would be considered by the Planning and Development Committee. The letter included instructions for attending or participating in the meeting and provided staff contact information. 2.8 Additional consultation will occur should the property proceed to designation, including a notice of passing of the designation by-law. Notice of Objection 2.9 A summary of the key issues raised in the notice of objection is provided below. 2.10 The property owners have objected to the designation. Although they acknowledge the historical significance of the house and its association with Camp 30, their objection is based on concerns regarding an inaccuracy in the Statement of Significance (specifically, that the property fronts Veterans Avenue rather than Second Street), the adequacy of notice and consultation, the requirement for heritage permits for routine property maintenance and the timely and cost -effective completion of required works, and a perceived lack of transparency and trust in the Municipality. 2.11 Staff has reviewed the reasons for objection and appreciates the property owner’s comments regarding the description of the property in the Statement of Significance. The draft by-law has been revised to address the inaccuracy. The property’s cultural heritage value or interest continues to meet the criteria for designation under the OHA. 2.12 As noted in subsection 2.7, the Municipality exceeded the required notification by issuing numerous communications throughout the designation process to engage the property owner. Municipality of Clarington Page 5 Report PDS-042-26 2.13 Staff acknowledges that designation introduces a heritage permit process for works affecting identified heritage attributes. Routine maintenance typically would not trigger the need for a heritage permit, unless it is seeking to alter or replace heritage attributes that are listed in the designation by-law. Heritage permit applications are processed as efficiently as possible, and designated property owners may access the Munic ipality’s Heritage Incentive Grant Program to support the cost of ongoing property maintenance. 2.14 Staff maintains the recommendations presented in PDS-003-26 to designate the property on the basis that the property meets the criteria specified in Ontario Regulation 9/06 under the OHA. Next Steps 2.15 The OHA requires that Council consider the notice of objection and make a decision either to affirm or withdraw its intention to designate no later than June 13, 2026. If Council does not make a decision within this timeframe, the Notice of Intention to Designate is deemed to be withdrawn. 2.16 Should Council affirm the intention to designate, staff will bring forward the designation by-law for passing at a subsequent Council meeting, based on the attached Draft Designation By-law (Attachment 2). A notice of passing will be sent to the property owners, any person who issued a notice of objection, the Ontario Heritage Trust, and published on the Municipality’s webpage, following which there would be a 30 -day appeal period where any person who objects to the by-law could appeal the by-law to the Ontario Land Tribunal (OLT). 2.17 Alternatively, should Council withdraw the intention to designate, a notice of withdraw would be issued to the same parties noted above, and published on the Municipality’s website. The property would be removed from the Heritage Register and would no longer have protection from demolition or alteration under the OHA. 2.18 Should Council choose to withdraw its intention to designate, the following alternate recommendations could be considered in place of Recommendation Nos. 3 and 4: That Council withdraws its intention to designate the property located at 38 Second Street, Bowmanville, under Section 29 of the OHA; and That staff be directed to carry out the requirements as prescribed under Section 29(7) of the OHA, including issuing a notice of withdrawal of intention to designate the property at 38 Second Street, Bowmanville. 3. Financial Considerations 3.1 Potential financial consideration may be to hire external legal counsel and external heritage consultants to provide evidence at the OLT in support of designation if direction is received from Council to pursue designation of the property a nd an appeal is made to the OLT. Municipality of Clarington Page 6 Report PDS-042-26 4. Strategic Plan 4.1 The Clarington Strategic Plan 2024-27 outlines the objectives to cultivate a strong, thriving, and connected community where everyone is welcome. Designation of the subject properties contributes to achieving one of the priorities (Connect 4.1) that promotes and supports local arts, culture, and heritage sectors. 5. Climate Change 5.1 Not Applicable. 6. Concurrence 6.1 Not Applicable. 7. Conclusion 7.1 It is respectfully recommended (i) that Council affirms its intention to designate 38 Second Street, Bowmanville and (ii) that staff be directed to bring the draft Designation By-law (Attachment 2 to PDS-042-26) before Council at a future meeting as presented in the Recommendations section of this report. 7.2 Should Council choose to withdraw its intention to designate the property at 38 Second Street, Bowmanville, the alternate recommendations included in subsection 2.18 may be considered. Staff Contact: Sarah Allin, Principal Planner, sallin@clarington.net or Lisa Backus, Manager of Community Planning, lbackus@clarington.net. Attachments: Attachment 1 – Notice of Objection; 38 Second Street, Bowmanville Attachment 2 – Draft Designation By-law; 38 Second Street, Bowmanville Interested Parties: List of Interested Parties available from Department. -------------------1111 Sent: To: Cc: Subject: March 10, 2026 9:39 AM ClerksExternalEmail; Mayor Shared Mailbox Heritage Designation Objection Some people who received this message don't often get email from EXTERNAL Attn: Municipal Clerks Good day, Learn why this is important I am writing to formally request that 38 Second St. be taken off the list of houses that will be undergoing this upcoming by-law change. As the owners of this property, my spouse and I were attracted by the historical significance of this house and its direct ties to Camp 30. We have always intended to honour its historical value and as such we have been following this process as the Municipality has been rolling it out. Although, attending the meetings has not been possible due to our work schedules and in one instance, receiving the notification for a meeting after it already happened. We have no issue with the Heritage designation as it currently stands. When the last letter was mailed out by the municipality, the one advising about the by-law change, there were mistakes in the description of 38 Second St and I wanted clarity on a few other points. When I attempted to have these addressed I was sent on an absolute wild goose chase trying to find the correct person to answer my questions and fix these mistakes. It took 2 weeks to get an answer to my questions and I don't believe I would have heard back at all if it weren't for the fact that I started asking to be taken off the registry. The primary reason we want to be removed from this registry is that I don't want to chase my tail for weeks while I wait for the municipality to approve my request for a Heritage Permit when maintenance needs to be done on this house. I also don't want this designation to get to a point were this house is receiving Heritage Audits resulting in us being required to meet specific criteria with our outdoor finishes. (Ex: only being allowed to use specific windows/doors or siding in a specific style and colour.) The lack of transparency from the municipality (and the way I was kind of gaslit in regard to my issues with the most recent notice) has made me very concerned for the long term plan for these homes and our ability to maintain ours in a cost efficient and timely manner. For the record, I have already sent an email to you (clerks@clarington.net) when I was trying to address my concerns in the first place, and was told that it's the wrong department and that you can't help me. So I find it notable that I've been advised to contact you again in regard to removing myself from the registry entirely. 1 Attachment 1 to Report PDS-042-26 2 I feel like the goal here is to have me chase my tail until the 30-day-window to make objections closes, which is why I eventually requested correspondence via email only. Frankly, I don't trust the Municipality of Clarington and I don't believe this Designation By-law to be in the best interests of this house or us as homeowners. Sincerely, Leslie & Lindsey Payne 38 Second St. Sent from Outlook Attachment 2 to Report PDS-042-26 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. The Corporation of the Municipality of Clarington By-law 2026-XXX Being a by-law to designate the property known for municipal purposes as 38 Second Street, Bowmanville, Municipality of Clarington as a property of historic or architectural value or interest under the Ontario Heritage Act, R. S. O. 1990, Chapter O.18; Whereas the Ontario Heritage Act, R. S. O., 1990, c.O. 18 authorizes the Council of the Municipality to enact by- laws to designate properties to be of historic or architectural value or interest for the purposes of the Act; and Whereas the Council of the Corporation of the Municipality of Clarington has caused to be served upon the owner of the property known for municipal purposes at 38 Second Street, Bowmanville, 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 on the municipal website having general circulation in the area of the designation on [DATE]; and Whereas the reasons for the designation of the aforesaid property under the Ontario Heritage Act are contained in Schedule "A" attached to and forming part of this by-law; and Whereas the Clarington Heritage Committee has recommended that the property known for municipal purposes as 38 Second Street, Bowmanville, be designated as a property of historic or architectural value or interest under the Ontario Heritage Act; and Whereas the Council of the Corporation of the Municipality of Clarington has affirmed its intention to designate the property; Now Therefore the Council of the Corporation of The Municipality of Clarington hereby enacts as follows: 1. The property known for municipal purposes at 38 Second Street, Bowmanville, which is more particularly described in Schedule "B" which is attached to and forms part of this by- law, is hereby designated as a property which has historic or architectural value or interest under Section 29 of the Ontario Heritage Act, R. S.O. 1990, c. O. 18. 2. The Solicitor for the Municipality of Clarington is hereby authorized to cause a copy of this by-law to be registered against the title to the property described in Schedule "B" hereto. 3. The Municipal Clerk is hereby authorized to cause a copy of this by-law to be served upon the owner of the property described in Schedule "B" hereto and on the Ontario Heritage Foundation. The Municipal Clerk also is authorized to cause notice of the passing of this by-law to be published on the municipal website.. Passed in Open Council this [DATE]. [SIGNATURES] Written approval of this by-law was given by Mayoral Decision [NUMBER] dated [DATE]. Schedule 'A' To By-law 2026-XXX Statement of Significance and List of Character Defining Features Description of Property 38 Second Street is located on the north side of Second Street in the Town of Bowmanville. The property contains a one-storey building constructed between 1946 and 1947 as part of Bowmanville’s Veteran’s Housing Initiative. Physical/Design Value 38 Second Street has design value as a representative example of purpose -built post-WWII Victory Housing. Typical of this type of building is its one -storey construction, rectangular plan, asymmetrical massing and side gable roof with modest overhanging ea ves. The subject building features a simple and compact form with wood frame construction clad with horizontal siding. 38 Second Street showcases unadorned rectangular window openings and a simple, single, asymmetrically placed entrance door opening. The subject building does not feature any ornamentation or highly decorative features, which is typical of the Victory House style. The building has an exterior brick chimney, which is a feature found on all the Victory Houses within the planned Victory Housing neighbourhood. Historical/Associative Value 38 Second Street has historical value for its association with the Veteran’s Housing initiative spearheaded by the local municipal government as a result of the Veteran’s Land Act. The subject property was originally part of local entrepreneur John Jury’s large estate, which was purchased by the Town of Bowmanville in 1946 to be the site of Bowmanville’s Veteran’s housing subdivision. The Town of Bowmanville Council allocated funds to construct the subdivision, likely marking the first time the Town acted as a builder. The subject property is one of 18 lots undertaken as part of the Town of Bowmanville’s Veteran’s Housing initiative. Throughout Ontario and Canada, the planned and deliberate construction associ ated with these kinds of Veteran’s Housing initiatives was the result of legislation like the Veteran’s Land Act. The Veteran’s Land Act sought to provide affordable housing to returning veterans and personnel associated with domestic war industries in Can ada. 38 Second Street was constructed between 1946 and 1947 by the Toronto Construction Company. As intended by the Veteran’s Housing initiative, the first occupant of 38 Second Street was Richard Patfield, who purchased the property from the Town of Bowmanville in 1947. Richard Patfield enlisted in 1941, was wounded in Italy in 1943, and returned to Bowmanville at the end of the war, where he worked for Goodyear. 38 Second Street has historical value for its association with Camp 30, a Prisoner of War Camp for German military officers that was located at the intersection of Concession Street East and Lambs Road. Camp 30 was originally a Boys’ Training School, which was also built on part of the Jury estate in the 1920s but expropriated by the federal gover nment in 1941 for the war effort. Camp 30 was declared excess property after the cessation of World War II. At that time, the Town of Bowmanville purchased the buildings and due to a post -war material shortage, materials were taken from Camp 30 and used to construct the 18 Victory Houses. Additionally, the cost of installing municipal services in the neighbourhood was also supported by the sale of salvaged Camp 30 materials not required for the Victory Housing project. Contextual Value 38 Second Street is important in supporting the character of the Victory Housing neighbourhood located along Veterans Avenue, Second Street, and Lambs Lane. As part of the Veteran’s Housing initiative begun by the Town of Bowmanville, simple one -storey Victory Houses were constructed on 18 uniform lots in the planned community. All 18 buildings followed a uniform and rhythmic layout and design achieved through setback, massing, and height, which has created a cohesive and uniform streetscape. The subject property exhibits setback, height, and massing consistent with the character of the area. 38 Second Street, and the surrounding 17 houses located in the neighbourhood, support one of the best examples of a Victory Housing neighbourhood in the Municipality of Clarington. Description of Heritage Attributes 38 Second Street has design value as a representative example of purpose -built post-WWII Victory Housing. The property contains the following heritage attributes that reflect this value: • One-storey Victory House • Asymmetrical three-bay fenestration • Simple and compact rectangular form • Side gable roof with modest overhanging eaves • Rectangular window and entranceway openings • Exterior brick chimney 38 Second Street has historical value for its association with the Veteran’s Housing initiative spearheaded by the local municipal government as a result of the Veteran’s Land Act and historical value for its association with Camp 30. The property contains the following heritage attributes that reflect this value: • One-storey Victory House • Frame construction • Overall massing and setback • Location on Second Street 38 Second Street is important in supporting Bowmanville’s Victory Housing neighbourhood located along Veterans Avenue, Second Street, and Lambs Lane. The property contains the following heritage attributes that reflect this value: • One-storey Victory House • Location along Second Street Schedule 'B' To By-law 2026 - XXX Legal Description: LT 2 PL 595 BOWMANVILLE MUNICIPALITY OF CLARINGTON PIN 266160431