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HomeMy WebLinkAboutPSD-029-20Clarington Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Joint Committees Date of Meeting: September 14, 2020 Report Number: PSD-029-20 Submitted By: Faye Langmaid, Acting Director of Planning & Development Services Reviewed By: File Number: Report Subject: Andrew C. Allison, CAO PLN 34 Resolution#: JC-082-20 By-law Number: Addition of Property to the Municipal Heritage Register; 1697 Highway 2, Courtice Recommendations: 1. That Report PSD-029-20 be received; 2. a) That 1697 Highway 2, Courtice be added to the Municipal Register; or b) That demolition of 1697 Highway, Courtice 2 be granted providing the contributions of Harry Gay and Gay Construction are acknowledged and interpreted in an alternate manner acceptable to the Clarington Heritage Committee and staff; and 3. That all interested parties listed in Report PSD-029-20 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD-029-20 Report Overview Page 2 The Clarington Heritage Committee (CHC) has undertaken an evaluation of the building at 1697 Highway 2, Courtice and recommends the addition of the property to the Municipal Register. Planning and Development Services staff and representatives of the CHC have met with the property owner to discuss the evaluation identifying the property as having cultural heritage value and the recommendation to include the property on the Municipal Register. The Municipal Register is a listing of the cultural heritage resources in Clarington that warrant historical protection. The addition of the subject property to the Municipal Register (i) supports the promotion of Clarington's local heritage, and (ii) protects the building from being demolished without proper evaluation of its cultural heritage significance by affording the Municipality additional time (up to 60 days) to review a demolition permit, should such an application be received. The property owner has requested the consideration of alternative options to commemorate the property that would enable the demolition of the building in the near future. The structure was originally the home of Mr. Harry Gay, and has most recently operated as the office of Gay Construction Limited. The building is currently vacant. 1. Background Ontario Heritage Act 1.1 Section 27 of the Ontario Heritage Act requires every municipality to maintain a Municipal Register that lists all heritage properties formally designated by by-law. In 2009, Council expanded Clarington's Municipal Register to include "non -designated" properties. Including a non -designated property on the Municipal Register is a formal indication that a property has cultural heritage value or interest and warrants further evaluation to determine appropriate conservation measures. The decision to include a non -designated property on a Municipal Register rests with Council upon consultation with the municipal heritage committee. 1.2 Listing a property on the Municipal Register does not provide any legal protection to the property. Only formal designation under Section 29 of the Ontario Heritage Act can do so. The primary benefit of including a non -designated property on the Municipal Register is to provide the Municipality with additional time (up to 60 days) to review a request for a demolition permit, rather than the shorter timelines outlined in the Building Code Act. Municipality of Clarington Page 3 Report PSD-029-20 1.3 The protection afforded to non -designated properties on the Municipal Register allows time for a more thorough evaluation of the property and time to provide Council with a recommendation on demolition or moving forward with designation of the property. More specifically, the 60 days allows sufficient time to evaluate the building condition, protection options, mitigation measures, alternate development proposals, etc. and to make a recommendation to Council on the cultural value of a property. 1.4 Adding a property to the Municipal Register also allows the Municipality to request a demolition permit applicant undertake a study or research to demonstrate that the property does not have significant heritage value, or to determine appropriate mitigation measures or alternative recognition options that can be implemented. 1.5 In June 2019 the More Homes, More Choice Act, 2019 (Bill 108) received Royal Assent. Bill 108 amends the Ontario Heritage Act, among numerous other pieces of legislation. Such changes are due to come into force on a day to be named by proclamation of the Lieutenant Governor, which is anticipated to be in early 2021. The upcoming amendments will introduce a more formal process to add non -designated properties to the Municipal Register, including prescribed notice requirements and an opportunity for Council to consider input/objections. As outlined in Section 4 below, these changes align with the Municipality's current practices. Staff will continue to monitor the status of the Ontario Heritage Act amendments and implement the changes as necessary. Properties on Clarington's Municipal Register 1.6 There are currently 111 properties on Clarington's Municipal Register comprised of 77 designated properties and 34 non -designated properties, as well as one Heritage Conservation District (Beech Avenue). 1.7 To date, many of the non -designated properties added to the Municipal Register have been under threat of demolition. Examples include the buildings at Camp 30 (now designated), properties affected by the 407 extension (now demolished), and properties that are within areas identified for intensification and/or redevelopment. Clarington's Cultural Heritage Resources List 1.8 In accordance with the Clarington Official Plan, the Planning and Development Services Department maintains a Cultural Heritage Resources List (CHRL) with advice and assistance from the Clarington Heritage Committee (CHC). The CHRL is an inventory of properties that the Municipality has identified as having cultural heritage value or interest. Properties on the list are categorized as Primary, Secondary and Heritage Merit. The properties identified on the CHRL are subject to the policies of Section 8 (Celebrating our Cultural Heritage) of the Official Plan. However, the properties are not formally recognized under the Ontario Heritage Act unless they are added to the Municipal Register either as a non -designated property or as a property designated by by-law. Municipality of Clarington Report PSD-029-20 Page 4 1.9 The CHC has established building evaluation criteria with the intention of reviewing properties on the CHRL to determine properties that should be formally recognized under the Ontario Heritage Act. A sub -committee of the CHC reviews properties from the public right-of-way using the evaluation criteria and presents their recommendations for each property to the CHC. 1.10 In June 2020, the CHC evaluated the property located at 1697 Highway 2, Courtice, currently identified on the CHRL as Heritage Merit, and has recommended adding the property to the Municipal Register. 1.11 The location of the property is identified in Figure 1. A description of the property based upon the CHC's evaluation can be found in Attachment 1 of this report. 2. Provincial and Regional Policy Provincial Policy Statement, 2020 2.1 The PPS 2020 provides that economic prosperity should be supported by encouraging a sense of place fostered by well -designed built form, cultural planning and conserving features that help define character. More specifically, the PPS 2020 directs that significant built heritage resources shall be conserved. Provincial Growth Plan, 2019 2.2 The Growth Plan, 2019 directs that cultural heritage resources will be conserved and promoted in order to foster a sense of place for the social, cultural, and economic benefit of communities. Durham Regional Official Plan 2.3 The Regional Official Plan encourages the conservation, protection and/or enhancement of Durham's built and cultural heritage resources. Municipality of Clarington Report PSD-029-20 c~o N W E S W CO U�, CO Z r r W a Q -- wOURH'A l%2 s fCO n � rn SANpRII w �13i �31 Figure 1: Property Recommended to be Added to the Municipal Register; 1697 Highway 2, Courtice Page 5 Municipality of Clarington Report PSD-029-20 3. Clarington Policy and Regulations Page 6 3.1 The Clarington Official Plan provides that when a cultural heritage resource is designated under the Ontario Heritage Act or is recognized on the CHRL, the Municipality shall discourage the demolition or the inappropriate alteration of a cultural heritage resource. Whenever possible, built heritage resources should be retained for the original use and in their original location. Where the original uses cannot be maintained, the adaptive reuse of built heritage resources will be supported. If no other alternative exists for maintaining structures in their original location, consideration may be given to the relocation of the structure. Should a heritage resource be demolished, the dismantling, salvage and reuse of materials is encouraged. 3.2 The building located at 1697 Highway 2 was originally constructed as a dwelling and has been adaptively reused as the office of Gay Construction Limited for a number of years. 3.3 The property at 1697 Highway 2, Courtice is designated Urban Centre by the Clarington Official Plan, 2018. Urban Centres are to be developed as the main concentration of activities in the community and provide for redevelopment and intensification with a wide array of uses. The policies provide that historic character within the Urban Centre will be maintained and enhanced. 3.4 The subject property is also located within the Courtice Main Street Secondary Plan area. The Secondary Plan designates the property Town Centre Commercial, and provides for a range of retail, office, service uses, community facilities that are appropriate for the Town Centre, and enable it to become a focal point for culture and civic gathering. In realizing the vision for the Courtice Main Street, the Secondary Plan contemplates the demolition of single detached dwellings, and the redevelopment of the area over time. 4. Public Notice 4.1 Currently, under the Ontario Heritage Act there is no notification requirement before Council adds a property to the Municipal Register as a non -designated property. However, it has been the Municipality's practice to notify property owners. As noted in Section 1.5, this practice aligns with the upcoming amendments to the Ontario Heritage Act. 4.2 On July 20, 2020, Planning and Development Services staff sent a letter to the property owner. The letter notified the property owner that the CHC identified the home as notable for its architectural and historical attributes. A Resident Information Sheet explaining the Municipal Register, and what having a home on the Registry means was provided (Attachment 2). The letter also advised that a staff report would be presented Municipality of Clarington Report PSD-029-20 Page 7 to the Joint Committees recommending the addition of the subject property to the Municipal Register. 4.3 Planning and Development Services staff and representatives of the CHC met with the property owner in July 2020 to discuss the CHC's recommendation to add the property to the Municipal Register. The CHC representative provided the rationale for the recommendation and advised the evaluation determined the property to have cultural heritage value and interest that warrants further evaluation. Specifically, the CHC's recommendation considered the family home to be significant in its representation of the history of the Gay family to the Courtice community, as well as the family's contribution through the construction business to Clarington as a whole. 4.4 The owner explained the intent to rezone and redevelop the property and expressed concerns about a recommendation that would prevent the demolition of the dwelling. The property owner advised it is their intent to demolish the dwelling, but also indicated willingness to commemorate the cultural significance of the property in an alternative manner, for example the salvage and reuse of building materials, and requested consideration of such alternatives. 5. Concurrence Not Applicable. 6. Conclusion 6.1 Cultural heritage resources contribute significantly to Clarington's community fabric. Adding properties to the Municipal Register (i) allows the Municipality 60 days to evaluate the property in more detail and explore conservation options prior to the issuance of a demolition permit (ii) recognizes the property's cultural value or interest, and (iii) illustrates the community's appreciation for its local culture and heritage. 6.2 The Clarington Official Plan discourages the demolition or inappropriate alteration of cultural heritage resources that are recognized on the CHRL, as is the case for the subject property. If no other alternative exists for maintaining the structure in the original location, consideration may be given to relocation or other manner of recognition. 6.3 Based upon the CHC's evaluation of the subject property, 1697 Highway 2, Courtice could be added to the Municipal Register, to allow for further evaluation to be undertaken as necessary to determine cultural heritage value or interest in accordance with the Ontario Heritage Act. 6.4 However, the owner has requested that the property be allowed to be demolished and requested that Harry Gay and the Gay Construction Limited be commemorated in an alternate form acceptable to the Clarington Heritage Committee. Documentation of the building and repurposing of specific architectural elements would be a consideration as Municipality of Clarington Report PSD-029-20 Page 8 would interpretative signage. A street and park bearing Harry Gay's name already exist in Courtice as shown in Attachment 3. 6.5 Staff have provided recommendation options to either add the building to the municipal register OR have the owner work with the Clarington Heritage Committee to have (i) the dwelling documented for record keeping purposes in accordance with Clarington's Terms of Reference for the Documentation of Heritage Resources, and (ii) direct Planning and Development Services staff to work with the CHC and the property owner to identify appropriate alternative conservation options. Staff Contact: Sarah Allin, Planner II, 905-623-3379 or sallin@clarington.net. Attachments: Attachment 1 — Cultural Heritage Description: 1697 Highway 2 Attachment 2 — Municipal Register Information Sheet Attachment 3 — Harry Gay Drive and Park Interested Parties: List of Interested Parties available from Department. Municipality of Clarin 1697 Highway 2, Courtice Attachment 1 to Report PSD-029-20 1697 Highway 2 is a 1 '/2 storey Cape Cod style brick dwelling laid in running bond, and equipped with two brick chimneys and a large front bay window. The dwelling was constructed in approximately 1940 for Harry Gay in advance of his marriage to Ann Wilkins in September of the same year. The dwelling features a recessed bay, and windows of varying dimensions, cedar shingles, and an attached garage reflective of the increasing need for such a space at the time. Shed dormers adorn the front and rear facades rather than the hipped roof dormers typically associated with Cape Cod style homes. The dwelling has retained much of its original form but for modifications to the front door and garage doors. The home is well known in the Courtice community, and has remained in the Gay family since its construction in 1940. Harry Gay continued the construction company started by his grandfather, Henry (Harry) Gay, and father Russell. Over time, the family's construction company continues to be a prominent builder in the community. Harry's wife Ann Wilkens was also an active member of the Courtice community, having been involved with several groups including the Home and School Club and the Women's Auxillary. It is noted that Harry Gay Drive in Courtice was named after the well-known Courtice resident in honour of his efforts during World War II, and his philanthropic contributions to the community. Attachment 2 to Report PSD-029-20 Municipal Register of Properties of Cultural Heritage Value or Interest: Resident Info Sheet What is the Municipal Register? The Ontario Heritage Act (OHA) requires the municipality to maintain a formal register of properties that have cultural heritage value or interest. It is a list of properties that Council considers to be important to the community for any of the following reasons: • Due to the property's distinctive architectural or design value • Because the property is associated with an important person, event or activity that is significant to the community's heritage • The property is historically linked to its surroundings or is a landmark What types of properties are included on the register? The register includes a variety of properties with heritage value, including: • Properties that are designated by by-law under the OHA (either individually or as part of a Conservation District) • Properties that are not designated by by-law under the OHA but Council deems to have cultural heritage value or interest What does it mean if my property is on the Register? • Non -designated properties on the register cannot be demolished unless the owners give Council at least 60 days' notice in writing • Listing a property on the register does not provide any legal protection to the properties on it (it must also be designated by by-law in order to have legal protection) Can alterations or additions be done to properties on the register? . Yes, for non -designated properties. Any alterations or additions would follow the same process as for any property Can I sell my property without notifying the municipality if it's listed in the register? . Yes How does a property get to be listed on the register? • The Clarington Heritage Committee (CHC) researches, evaluates and scores the suitability of a property for inclusion on the register using a standardized assessment template • Planning staff, in consultation with the CHC, will forward a recommendation to Council to add suitable properties to the register • Council will make decision at a public meeting • The property owner will be notified of the meeting and can choose to address Council if desired L_