HomeMy WebLinkAboutPSD-148-03
.;,~;-- .",,~..~
.,~,.<." ..C.""
\. ----
~
q!![mglOn
REPORT
PLANNING SERVICES
Meeting:
Date:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
C<<!S .-G-GAA- -4-5.;> -03
Monday, December 8,2003
Aoq
Report #:
PSD-148-03
File#: PLN 34.15.2
By-law #:
Subject:
GRANT IN LIEU OF DEVELOPMENT CHARGES
CONSERVATION OF HERITAGE HOMES
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report PSD-148-03 be received;
2. THAT Grants in lieu of the municipal portion of development charges for Heritage Homes that
are being removed from the lands owned by the Province be provided on an interim basis for
the next 18 months to be financed from the working Funds Reserve Account 2900-1-X;
3. THAT the Grants only be in place until the review and passage of the Development Charges By-
law at which time, specific types of developm81t can be exempted as part of the By-law, if
deemed appropriate;
4. THAT the Municipality be granted a conservation easement over the exterior fa<;ade of the
Heritage Homes receiving such grants;
5. THAT the Region of Durham be requested to either
a) review the Development Charges By-law to consider an exemption for the
relocation of Heritage Homes affected by the 407
b) or provide a grant in an equivalent amount to the Regional Development Charge
applicable; and
6. THAT all interested parties listed in this report and any delegations be advised of Council's
decision.
Submitted by: Nancy Ta or
Director of Finance
NT/FL*DJC*sh
December 2, 2003
Reviewed by:
oj ~C-.:. k~
~nklin Wu,
Chief Administrative Officer
Submitted by:
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
69910
-
REPORT NO.: PSD-14S-03
PAGE 2
1.0 BACKGROUND
1.1 In preparation for the construction of Highway 407, the Ministry of Transportation (MTO)
has purchased a number of properties in the alignment area of the previously preferred
route. Regardless of whether the Highway will or will not require these properties they
are now owned by MTO. MTO is currently accepting bids for the removal of these
heritage homes. Previously MTO's practice was demolish the homes they had
purchased; however, members of the Clarington community intervened with respect to
heritage homes and have worked with MTO to revise their policy.
Of the MTO owned heritage homes in Clarington, four are fieldstone and one is brick, all
are listed in the municipality's inventory of heritage resources. Three fieldstone houses
are on the secondary list (5541 Washington Road, 5690 Acres Road, 5681 Acres
Road); their inventory numbers are H121, H112 and H111 respectively. A fourth
fieldstone house is on the Primary List and is located at 5531 Bethesda Road; its
inventory number is H043. The brick home at 5415 Solina Road is designated under
the Ontario Heritage Act and through By-Law 89-187; MTO intends to tenant this
property in order to protect it from vandalism. The structures are advertised on the
Architectural Conservancy of Ontario (ACO) website as being available to be moved.
2.0 HERITAGE CONSERVATION
2.1 At the October 2003 meeting of LACAC a resolution stating:
'7HA T Council amend the Development Charges By-law to exempt the municipal
development charge in regards to Clarington heritage buildings that are to be relocated;
subject to the owner entering into a heritage conservation agreement." In addition, the
Chair of LACAC has submitted a letter to the Director of Planning Services (attachment
2) highlighting the intent of the committee.
To ensure future protection of these homes in their new location it is advisable to obtain
a heritage conservation agreement for the exterior far;:ade of the home. Such an
agreement will not limit the owners with regard to either renovating or restoring the
interior; however, a conservation agreement rather than designation is a better tool to
ensure the long term interests of the municipality for the protection and maintenance of
the exterior of the building and against future demolition. Samples of conservation
agreement (easements) have been requested from the Ontario Heritage Foundation.
They have employed this type of legal agreements to protect specific features. The
agreement is registered on title of the property.
3.0 DEVELOPMENT CHARGES
3.1 Clarington's Development Charges By-law does not provide for any exemptions for
these circumstances. During the next review of the bylaw specific exemptions may be
6 q C) 1 1
, , '
,
REPORT NO.: PSD-148-03
PAGE 3
examined. The schedule for review of the bylaw will begin in the summer of 2004 and
be completed by August 2005.
As an interim measure, until the Development Charges Bylaw is reviewed in its entirety,
staff are proposing a grant in lieu of the municipal portion of development charges. This
interim measure will meet the timeframe of MTO and the purchasers, as relocation of at
least two of the structures is scheduled for this winter; further, it facilitates the expedient
moving of the homes (before further vandalism occurs, and while the ground is frozen).
The maximum exposure for the Municipality is approximately $38,435 ($7687 x5);
should all five homes be relocated within the next 18 months.
4.0 REGIONAL DEVELOPMENT CHARGES
4.1 The Region of Durham Finance Department has been contacted to determine whether
there is any exemption under their new Development Charges By-law. Unfortunately,
no exemption was contemplated in their recent review and therefore no exemption is
currently available. It is recommended that Clarington Council request the Regional
Council review the issue of either amending their by-law to incorporate an exemption, or
provide a grant in the amount equivalent to the applicable Regional Development
charge; in order to conserve homes with heritage or architectural significance that are in
threat of demolition.
5.0 CONCLUSION
5.1 Four of the homes purchased by MTO are historically and/or architecturally significant
and would, in their original setting warrant heritage designation; the fifth home is
designated. To encourage the relocation, of all the homes rather than demolition; staff
is recommending an incentive in the form of a grant in lieu of the municipal portion of
the development charges as an appropriate interim measure until the new development
charges bylaw is formulated. The exposure of the Municipality over the next 18
months would be $38,435 for the five heritage homes. At this point only two of the
homes have been purchased and are being relocated; one will be tenanted in it's
current location.
During the review of the Development Charges Bylaw a further examination of potential
exemptions will be undertaken and the Bylaw written accordingly.
Attachments:
Attachment 1 - ACO listing of the four homes
Attachment 2 - Letter from LACAC
69912
,
,
REPORT NO.: PSD-14S-D3
PAGE 4
List of interested parties to be advised of Council's decision:
Jim Coombes
3145 Mearns Ave
Bowmanville, Ontario
Jennifer Knox
6325 Enfield Road
RR 1
Hampton, Ontario
LOB 1 JO
Mavis Carlton, Chair LACAC
119 Cove Road
Bowmanville, Ontario
L 1 C 3K3
h q I) 1 ~
~,' I .1
ACO HALP
ATTACHMENT 1
November 2001
Il\Iominator:
IPenny Young, Ontario Ministry of Transportation
!Name/Info: IIPicture:
1855, one-and-a-half storey
Neoclassical farmhouse.
E. Pascoe House,
Newcastle
IFeatures:
It is a 3 bay fieldstone construction featuring the original Venetian windows, stone window
sills and front entranceway. A line of small stones around the house above first floor
windows may indicate the presence of a veranda at one time.
IConservation Work:
The east fa~ade has been stuccoed probably due to exposure damage. There is a new
outside chimney. Under-eave moulding and bargeboard are intact.
IBuilding Address:
5541 Washington Road on the east side south of Concession Road 6. Located east of City of
Oshawa and just west and south of hamlet of Solina, town of Newcastle, Regional
Municipality of Durham.
ISuggested Uses:
IResidence
IHeritage Status:
Listed under Part IV of the Ontario Heritage Act. Town of Newcastle Heritage Properties
secondary status.
IInquiries:
For more information contact Penny
Young, Regional Archaeologist at 416-
235-5541
Architectural Conservancy of Ontario
Suite 204, 10 Adelaide St. East, Toronto
M5C lJ3
Tel: (416) 367-8075
Fax: (416) 367-8630
Email: Clco@Qn.aibn.com
IAsking Price:
I
IOther Info:
email: Penny.YQung@mJQ.gQY.CD.CCl
416-235-5541
Fax: 416-235-4940
60
http://www.hips.comlACO/halp/Pascoelindex.htm
12/2/2003
ACO HALP
December 2001
INominator:
Ipenny Young, Ontario Ministry of Transportation
IName/Info: IIPicture:
1855, one and one half storey
Neoclassical farmhouse
John Cole House
5690 Acres Rd., Town of Clarington,
RM of Durham
IFeatures:
It is a 3 bay fieldstone construction featuring the original Venetian windows, stone
windowsills and front entranceway.
Iconservation Work:
A two storey addition has been added to the back of the house (west side) and a new
enclosed porch to the front of the house.
IBuilding location:
West side of Acres Road south of Concession Road 6 (Con 5, Lot 5 former Township of
Darlington). Just east and south of hamlet of Tyrone UTM co-ordinates are: 685500E,
4873450N
ISuggested Uses:
IResidence
IHeritage Status:
INot designated
IInquiries:
Penny. Younq@mto.qov.on.ca
416-235-5541
Fax: 416-235-4940
Architectural Conservancy of Ontario
Suite 204, 10 Adelaide St. East, Toronto
M5C 1J3
Tel: (416) 367-8075
Fax: (416) 367-8630
Email: <KQ@QI1.aibn.com
Ministry of Transportation
Planning and Environmental Office
3rd Floor, Building D
1201 Wilson Avenue
Downsview, ON M3M 1J8
IAsking Price:
I
IOther Info:
I
69
http;/Iwww.hips.com/ACOlhalp/Cole/index.htm
12/212003
ACO HALP
August 2003
INominator:
IPenny Young, Ontario Ministry of Transportation
IName/Info: IIPicture:
Cole Farm House
5681 Acres Rd., Town of Clarington,
RM of Durham
One and one half storey
Neoclassical farmhouse
IFeatures:
lIt is a 3 bay fieldstone construction featuring stone windowsills and front entranceway.
Iconservation Work:
A restored front entranceway, restored 6over6 windows, rear porch added, 3 front dormers
added, rear wing sided and windows restored.
IBuilding Location:
East side of Acres Road south of Concession Road 6 (Con 4, Lot 5 former Township of
Darlington). Just east and south of hamlet of Tyrone
Isuggested Uses:
IResidence
IHeritage Status:
ITown of Newcastle Heritage Properties Primary status
IInquiries:
pgnl1Y. You ng@rnto.g()".()I1.C;<J
416-235-5541
Fax: 416-235-3446
Architectural Conservancy of Ontario
Suite 204, 10 Adelaide St. East, Toronto
M5C 133
Tel: (416) 367-8075
Fax: (416) 367-8630
Email: aco(Qlon.ail:m.com
Ministry of Transportation
Planning and Environmental Office
3rd Floor, Building D
1201 Wilson Avenue
Downsview, ON M3M U8
IAsking Price:
I
IOther Info:
Proposals are to be submitted and prospective owners must cover complete
cost of moving the structure off-site.
Email: ac;o@on,aibn.C()m
69
http://www.hips.comlACOlhalp/Cole%20Farmlindex.htm
12/2/2003
.ACO HALP
August 2003
INominator:
ICharlton Carscallen, Ontario Ministry of Transportation
IName/Info: IIPicture:
One and one half storey
Neoclassical farmhouse
Werry House
5531 Bethesda Rd., Town of
Clarington, RM of Durham
IFeatures:
IOriginal eave returns and barge board. Original brick cornices and door lintels.
IConservation Work:
One storey field stone side wing not original but constructed to match very closely the
original house.
IBuilding Location:
lEast side of Bethesda Road, south of Concession Road 6, Lot 6 Con. 5
ISuggested Uses:
IResidence
IHeritage Status:
IHeritage Buildings, Darlington Township
IInquiries:
C::!'H!rlt911.Ca rscallen @mto.qov.on.ca
416-235-5489
Fax: 416-235-3446
Architectural Conservancy of Ontario
Suite 204, 10 Adelaide St. East, Toronto
M5C 1J3
Tel: (416) 367-8075
Fax: (416) 367-8630
Email: aco@on.aLbn.cQm
Ministry of Transportation
Planning and Environmental Office
3rd Floor, Building D
1201 Wilson Avenue
Downsview, ON M3M U8
IAsking Price:
I
IOther Info:
Proposals are to be submitted and prospective owners must cover complete
cost of moving the structure off-site.
Email:i!c_Q_@_on.aibn.com
ACO @ 2003
60
http://www.hips.comlACO/halp/Werry/index.htm
12/2/2003
ATTACHMENT 2
November 24,2003
Mr. David Crome
Director of Planning Services
Municipality of CIa ring ton
40 Temperance Street
Bowmanville, Ontario
LlC 3A6
Dear Mr. Crome:
RE: Development Charges for Relocated Heritage Buildings
At the October 21st meeting of the LACAC the committee discussed the fate of
threatened heritage buildings located through-out the municipality. This discussion was
prompted by the MTO purchases of four heritage properties that have been recorded by
the Municipality as heritage resource buildings. The buildings were acquired by MTO as
potentially they are within the route ofthe proposed Highway 407. All are currently
vacant and as such have been vandalized. The Ministry's practice has been to demolish
buildings that they have purchased. However, these four they have offered as available to
be moved.
These are not the only heritage buildings that are threatened with demolition. There are
heritage structures throughout Clarington located on lands that are designated for
industrial or commercial use that may be demolished to make room for new development.
Moving any of these buildings can be very cost prohibitive depending on the number of
factors involved, such as taking down hydro lines, traversing bridges, or crossing railway
tracks. There is also the expense of meeting the requirements to obtain a building permit
and development charges to place the house on another lot.
The LACAC's understanding is that the Municipality would apply the development
charge to moving any of these heritage homes to lots that can accommodate them. It is
also the LACAC's understanding that the intent of the lot development charge is to
accommodate the need to provide services for an increase in residential development.
Our reasoning is that if the house is taken from one lot and transferred to another lot there
is no increase in residential use and the lot development charge should not be applicable.
If, as in the case of the 407 properties, the highway does not go through and the lot is sold
for residential use, anyone building on the property would be introducing a new
residential use and would have to pay the appropriate fee.
69918
. '
To this effect, the LACAC passed motion number 03-69 during their October 21,2003,
meeting which states the following:
· THAT Council amend the Development Charges By-law to exempt the municipal
development charge in regard to Clarington heritage buildings that are to be
relocated; subject to the owner entering into a heritage conservation agreement.
The motion includes a reference to the owner entering into a heritage conservation
agreement to ensure that the heritage integrity of the home's facade is maintained after it
is moved to its new location. The agreement can be in the form of a heritage easement
or any other legal document that the Municipality deems appropriate to serve this
purpose.
The LACAC has been informed that the houses in the route ofthe 407 are to be moved,
or possibly demolished, within the near future. We have also been informed that the
Municipality's Lot Development Charges By-law will not be reviewed until 2004/5. The
LACAC is concerned that the houses being offered for sale by the 407 are in an urgent
threat areas and would like the Municipality to consider a means to provide assistance to
the new owners of these buildings prior to the review of the Lot Development Charges
By-law. During the review of the Development Charges By-Law we would recommend
that an exemption be provided for heritage homes that are being relocated regardless of
whether they are related to the 407 or other development work. Thank you.
Yours truly,
}J. ~Cc;;:,
Mavis Carlton
LACAC Chair
cc: Faye Langmaid
Isabel Little
f 991;