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HomeMy WebLinkAboutPDS-061-26Staff 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: June 15, 2026 Report Number: PDS-061-26 Authored By: Sarah Allin, Principal Planner Submitted By: Darryl Lyons, Deputy CAO, Planning and Infrastructure Reviewed By: Mary-Anne Dempster, CAO By-law Number: Resolution Number: PD-083-26 File Number: PLN 34 Report Subject: Objection to Designate 38 Centre Street, Bowmanville under the Ontario Heritage Act Recommendations: 1.That Report PDS-061-26, and any related delegations or communication items, be received; 2.That the objection to designate 38 Centre Street, Bowmanville under the Ontario Heritage Act (Attachment 1 to PDS-061-26) 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-061-26) for the property at 38 Centre Street before Council at a future meeting; and, 5.That all interested parties listed in Report PDS-061-26, be advised of Council’s decision. Municipality of Clarington Page 2 Report PDS-061-26 Report Overview Ontario Heritage Act 1. Background 1.1 On February 9, 2026, Council endorsed staff recommendations via Planning and Development Committee Report PDS-015-26 to pursue the designation of 4 properties along Centre Street in the Old Bowmanville neighbourhood , 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 March 18, 2026, in accordance with the OHA. The 30-day statutory objection period ended on April 17, 2026. 1.3 On April 16, 2026, the Municipal Clerk received a notice of objection to the proposed designation of 38 Centre 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 is the case of 38 Centre Street is July 16, 2026. 1.5 Council may choose to affirm or withdraw the intention to designate the property at 38 Centre Street. 2. Discussion 2.1 38 Centre Street is located on the west side of Centre Street in Bowmanville. The subject property contains a two-storey building constructed between 1879 and 1891 in the Italianate architectural style (shown in Figure 1, below). Municipality of Clarington Page 3 Report PDS-061-26 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 two 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 a residential building constructed in the Italianate architectural style. The property is also important in supporting the 19th and early 20th century residential streetscape along Centre Street, located within the historic Town of Bowmanville. A more detailed description of the property’s cultural heritage value or interest is found in PDS-015-26. 2.4 Council endorsed the recommendations from staff to pursue the designation of 38 Centre Street at its February 9, 2026, Planning and Development Committee meeting on the basis that the property meets two 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 Centre Street Municipality of Clarington Page 4 Report PDS-061-26 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, including via the following communications that are beyond the statutory consultation requirements under the Ontario Heritage Act:  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.  December 2025 – A letter was sent to the property owner advising that a Cultural Heritage Evaluation Report had been completed and that the property would be considered for designation at an upcoming Clarington Heritage 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. The delivery of the registered letters happened 7 -11 days after they were mailed by staff, leaving little time between the receipt of the letters and the Heritage Committee meeting date.  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 Staff acknowledges there are opportunities for improvement to provide additional notification time. However, all letters sent by Planning and Infrastructure staff were provided in addition to the statutory requirements of the OHA, and included a staff name, contact number, and email address, inviting the property owner to reach out to staff at any time throughout the process. 2.9 Additional consultation will occur should the property proceed to designation, including a notice of passing of the designation by-law. Notice of Objection 2.10 A summary of the key issues raised in the notice of objection (Attachment 1) is provided below. Municipality of Clarington Page 5 Report PDS-061-26 2.11 The property owner has objected to the designation. While they support the preservation of Bowmanville’s historic character in principle, they request the designation not proceed at this time, citing a correction required to the date of passing referenced for a former resident of the property, risk of delayed repairs, administrative and financial burden associated with the designation, and in adequate information and notice throughout the process. 2.12 Staff has reviewed the reasons for objection and appreciates the owner’s notes about the correction to the referenced date. The draft designation by-law has been revised to address this comment. 2.13 Staff acknowledges designation introduces a heritage permit process for works affe cting identified heritage attributes. However, 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, without application fees, and minor applications are delegated to staff to reduce delays related to Council meeting cycles. 2.14 Staff takes note of the feedback suggesting the current grant values associa ted with the Heritage Incentive Grant program are insufficient to offset the additional costs that can be associated with repairs to heritage properties. The Grant program is intended to help support maintenance and upkeep of designated properties but is not a requirement to designate a property. 2.15 Staff clarifies that in the case of 38 Centre Street, the list of attributes in the draft Designation By-law are all exterior, therefore the designation would not apply to the interior of the home. 2.16 As noted in subsection 2.7, the Municipality exceeded the OHA’s statutory notification requirements by issuing multiple communications throughout the designation process to engage property owners. These included an initial information session and letters in December 2025 and January 2026 notifying owners of the Heritage Committee and Planning and Development Committee’s consideration of the property. 2.17 The time between the mailing and delivery was longer than anticipated, and staff acknowledges in this case the letters did not arrive sufficiently in advance of the Heritage Committee and Planning and Development Committee meeting dates . However, staff was available for the property owners to reach out at any time to provide comments or discuss the designation of their property. Staff contact information was provided in each correspondence. 2.18 Staff maintains the recommendation presented in PDS-015-26 to designate the property on the basis that the property meets the criteria specified in Ontario Regulation 9/06 under the OHA. Municipality of Clarington Page 6 Report PDS-061-26 Next Steps 2.19 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 July 16, 2026. If Council does not make a decision within this timeframe, the Notice of Intent ion to Designate is deemed to be withdrawn. 2.20 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 where interested parties are could appeal the by-law to the Ontario Land Tribunal (OLT). 2.21 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. 2.22 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 Centre 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. 2.23 In a broader context, staff has taken steps to address comments and concerns about the designation process raised by property owners to date, including modifying the notice of intention to designate to include a Planning and Infrastrastructure Services staff contact in addition to Clerks contact information. Staff will continue identify and implement changes to improve clarity and communications with property owners throughout the process. 3. Financial Considerations 3.1 Potential financial consideration may be to hire external heritage consultants to provide evidence at the OLT in support of designation if an appeal is made. External legal services may also be required in the event of any appeals to the OLT. Municipality of Clarington Page 7 Report PDS-061-26 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 Centre Street, Bowmanville and (ii) that staff be directed to bring the draft Designation By-law (Attachment 2 to PDS-061-26) 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 Centre Street, Bowmanville, the alternate recommendations included in subsection 2.22 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 Centre Street Attachment 2 – Draft Designation By-law; 38 Centre Street Interested Parties: List of Interested Parties available from Department. Attachment 1 to Report PSD-061-26 Attachment 2 to Report PDS-061-26 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 Centre 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 Centre 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 Centre Street, Bowmanville, be designated as a property of historic or architectural value or interest under the Ontario Heritage Act; and Whereas no notice of objection to the proposed designation was served upon the Municipal Clerk within the period prescribed by the Ontario Heritage Act; 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 Centre 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 having general circulation in the area of the designation. 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 Centre Street is located on the west side of Centre Street in the Town of Bowmanville, in the Municipality of Clarington. The subject property contains a two -storey building constructed between 1879 and 1891 in the Italianate architectural style. Physical/Design Value 38 Centre Street has design value as a representative exam ple of a residential building constructed in the Italianate architectural style. 38 Centre Street is a two -storey, red brick building coursed in Flemish bond and finished with buff brick detailing with a balanced but asymmetrical composition. The buff brick detailing is not only on the voussoirs but is found along foundation line, under roofline, on the stepped quoins which frame the building and is a design feature often associated with the Italianate style. The hip roof with wide overhanging eaves showcases rhythmically placed wood brackets which are the key characteristics of the Italianate style. The projecting section along the façade, and side elevation, showcase paired segmentally arched window openings accented with buff brick voussoirs on the upper level and a one-storey canted bay window topped by a truncated hip roof with slightly overhanging eaves and bracketed cornice on the main level which have tall, narrow windows accented by buff brick voussoirs in keeping with Italianate stylistic features. The prominent rectangular entrance opening is topped by a rectangular transom and flanked by a sidelight on one side only and protected by a small two -storey porch supported by large, wood columns with decorative capitals and includes wood railing. The remaining rhythmically placed windows have segmentally arched or rectangular window opening with buff brick voussoirs and are in keeping with the Italianate architectural style. Contextual Value 38 Centre Street is important in supporting the 19th and early 20th century residential streetscape along Centre Street, located within the historic Town of Bowmanville. The lot lines and block layout of the historic Town was well established in the late -19th century as reflected in the commercial core found along King Street and the large presence of residences located along several side streets. The development of the residential area, which includes Centre Street, during this time played a significant role in the social and economic development and reflected the growth of the historic Town of Bowmanville. Located off or parallel to the commercial area along King Street, the buildings in the historical Town located along the side streets are comprised of predominantly one to two -and-a-half storey residences, primarily brick construction and often showcase ornate details. The location of the subject property fronting towards Centre Street, combined with unique stylistic features and legibility as a late-19th century style, support the character of the Centre Street streetscape and by extension the broader historic residential area. The historic character is reinforced by the presence of large mature trees and vegetations which consistently line both sides of Centre Street. When in bloom, the tree canopy is so robust it creates a tunnel which reinforces the area’s mature character, strengthens the continuity and relationship among houses, and provides an aesthetic appeal to the streetscape. 38 Centre Street was constructed between 1879 and 1891 and exhibits, massing, styl e, and decorative details consistent with the cohesive 19th century and early 20th century character of the Centre Street streetscape which is further reinforced by the presence of a mature tree canopy. Also of note is resident Dr. Keith Slemon, who owned the property from 1947 until 1974 and operated his medical practice from the home. Description of Heritage Attributes 38 Centre Street has design value as a representative example of a residential building constructed in the Italianate architectural style. The property contains the following heritage attributes that reflect this value:  Two-storey building constructed in the Italianate architectural style  Red brick construction with buff brick detailing  Buff brick detailing is found on voussoirs, foundation line, under roofline, and on stepped quoins  Balanced but asymmetrical composition  Hip roof with wide eaves with decorative cornice showcasing rhythmically placed wood brackets  Rectangular entranceway opening topped by a rectangular transom and flanked by a sidelight on one side only and protected by a small two -storey porch supported by large, wood columns with decorative capitals and includes wood railing  Bay windows with truncated hip roof, bracke ted cornice and tall, narrow, window openings with buff brick voussoirs, topped by paired segmentally arched window with buff brick voussoirs found on façade and on side elevation  Rectangular and segmentally arched window openings with buff brick voussoirs 38 Centre Street is important in supporting the 19th and early 20th century residential streetscape along Centre Street, located within the historic Town of Bowmanville. The property contains the following heritage attributes that reflect this value:  Two-storey building constructed in the Italianate architectural style  Overall form, massing, and setback  Location on corner lot fronting towards Centre Street Schedule 'B' To By-law 2026 - XXX Legal Description: LT 20 BLK 35 PL H50079 BOWMANVILLE; PT LT 19 BLK 35 PL H50079 BOWMANVILLE AS IN N75030; CLARINGTON PIN 266250040