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Home My WebLink AboutPSD-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;