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Staff Report
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Report To: Planning and Development Committee
Date of Meeting: December 7, 2020 Report Number: PSD-059-20
Submitted By:
Reviewed By:
File Number:
Report Subject:
Faye Langmaid, Acting Director of Planning and Development Services
Andrew C. Allison, CAO
PLN 34.5.2.55
Resolution#: PD-219-20
By-law Number:
Proposed Amendment to Heritage Designation By-law 2014-84; 210 and
224 King Ave. W, Newcastle
Recommendations:
1. That Report PSD-059-20 be received;
2. That the Municipal Clerk and staff be authorized to carry out the necessary actions,
including the notification to amend the designation By-law 2014-084 for 210 and 224
King Avenue W. pursuant to the Ontario Heritage Act, R.S.O. 1990, c.O.18;
3. That the Mayor and Municipal Clerk be authorized to enact the amending By-law,
being Attachment 2 to Report PSD-059-20, to amend heritage designation By-law
2014-84; and
4. That all interested parties listed in Report PSD-059-20 and any delegations be
advised of Council's decision.
Municipality of Clarington
Report PSD-059-20
Report Overview
Page 2
The Planning and Development Services Department received a request from the owner of
224 King Avenue West, Newcastle to amend the legal description of designation By-law
2014-084 under the Ontario Heritage Act.
Heritage designation By-law 2014-084 applies to lands which formerly consisted of the
original parcel at 210 King Ave. W. In 2017, the lands were severed to create one additional
lot (224 King Ave. W), and lands on the east side of the designated dwelling were dedicated
to the Municipality for a future trail.
The purpose of this report is to recommend the designation By-law 2014-084 legal
description be updated.
1. Background
1.1 In 1995, Council approved By-law 95-30 to designate 210 King Avenue W., known as
`the Hollows', in Newcastle under part IV of the Ontario Heritage Act (OHA). The lands
subject to the heritage designation are illustrated in the Key Map within Figure 1, below.
1.2 In 2014, designation By-law 95-30 was repealed and replaced with designation By-law
2014-084 (Attachment 1), which updated the By-law in accordance with OHA
requirements and modified the list of identified heritage attributes by removing certain
interior attributes from the By-law.
1.3 In 2017, a Land Division Application (File No. LD 078/2015) was approved to sever the
subject lands (210 King Ave. W.) to create one additional lot for residential purposes
(224 King Ave. W). As part of the application, lands to the east of the dwelling were
dedicated to the Municipality for a future trail (see Figure 1). At the time of the Land
Division Application it was determined the severance would not affect the designated
heritage attributes of the property.
1.4 The heritage designation By-law 2014-084 registered to the subject lands was not
updated subsequent to the severance of the property, and as such is still registered
against the newly created lot (224 King Ave. W), and the Municipality's future trail lands.
1.5 The property owner of the newly created lot has requested the heritage designation be
removed from 224 King Ave. W. at this time in order to facilitate the sale of the lands. It
would remove 224 King Ave. W from the lands subject to the heritage designation by-
law. The by-law must be amended to change the legal description in accordance with
the OHA.
Municipality of Clarington
Report PSD-059-20
Page 3
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Figure 1: Aerial Photo and Key Map; Subject Lands; 210 King Ave. W, 224 King Ave. W and
Future Trail Lands
2. Ontario Heritage Act Regulations
2.1 The OHA empowers a municipality to pass a by-law designating a property of cultural
heritage value or interest. Section 30.1 of the OHA states that where Council intends to
amend a designation by-law the Clerk of the Municipality is to serve notice of the
amendment to the designation by-law on the affected property owner(s).
Municipality of Clarington
Report PSD-059-20
Page 4
2.2 The notice of intent to amend a designation by-law is to contain an explanation of the
purpose and effect of the proposed amendment and to give the owner the opportunity to
file an objection with the Clerk within 30 days of receiving the notice.
2.3 The OHA requires Council consult with its Heritage Committee prior to amending a
designation by-law. The Clarington Heritage Committee (CHC) has been informed of the
request to amend the designation By-law 2014-84. CHC members have not indicated
any objection to the proposed technical amendment. However, the CHC does not meet
again until January.
3. Discussion
3.1 At the time of the Land Division application (File LD 078/2015), the severance of the
lands to the west of the heritage dwelling to create a new lot was considered not to
affect the designated heritage attributes of the property. The proposed amendment to
designation By-law 2014-084 would correct the legal description to reflect the current
extent of the designated property at 210 King Ave. W.
3.2 The proposed amendment to designation By-law 2014-084 also includes the removal of
the lands for the future municipal trail to the east of the dwelling at 210 King Ave. W.
The proposed amendment will update designation By-law 2014-084 to reflect the
revised extent of the designated heritage property.
3.3 The property at 224 King Ave. W is designated and zoned for residential purposes by
Clarington's Official Plan and Zoning By-law 84-63. The lot currently supports an
accessory building without a principle use (e.g. a dwelling). The structure was
recognized as legal non -complying by Minor Variance Application (File A2016-0071)
approved in conjunction with the Land Division Application to create the lot. As per the
conditions of approval of the Minor Variance Application, the accessory building is not
permitted to be used for any purpose until such time as a permitted principle use has
been established on the lot.
3.4 In accordance with the conditions of the Consent Agreement registered on title of 224
King Ave. W, any house proposed to be developed on the subject lands shall be built in
accordance with the applicable Architectural Control designs. Further, the design must
be sympathetic to and not detract from the designated heritage dwelling on the abutting
property (210 King Ave. W.).
3.5 In accordance with the requirements of the Provincial Policy Statement, 2020 and the
OHA, any development proposed at 224 King Ave. W. will be evaluated and required to
demonstrate that the heritage attributes of the designated heritage property at 210 King
Ave. W. will be conserved.
Municipality of Clarington
Report PSD-059-20
Page 5
3.6 As per the OHA, should no objections to the proposed amendment be received within
the prescribed 30-day objection period following issuance of the Notice of Intent to
amend the designation by-law, the Mayor and Clerk can execute the amending by-law
(Attachment 2). Any objections to the proposed amendment will be referred to the
Conservation Review Board, in accordance with the requirements of the OHA.
4. Concurrence
Not Applicable.
5. Conclusion
5.1 Planning and Development Services received a request from the owner of the property
at 224 King Ave. W., Newcastle to remove the heritage designation on the severed
property by amending designation By-law 2014-084.
5.2 Heritage designation By-law 2014-084 applies to lands which formerly consisted of a
larger parcel at 210 King Ave. W. In 2017, the lands were severed to create one
additional lot (224 King Ave. W). Lands on the east side of the designated dwelling were
dedicated to the Municipality for a future trail.
5.3 It is recommended that the Municipal Clerk prepare and send the required Notice of
Intention pursuant to subsection 30.1 of the OHA to amend heritage designation By-law
2014-084 to correct the legal description to reflect the existing extent of the designated
heritage property at 210 King Ave. W.
Staff Contact: Sarah Allin, Planner II, 905-623-3379 x 2419 or sallin@clarington.net.
Attachments:
Attachment 1 — Heritage Designation By-law 2014-084
Attachment 2 — Draft by-law to amend By-law 2014-084
Interested Parties:
List of Interested Parties available from Department.
Attachment 1 to Report PSD-059-20
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2014-084
being a by-law to designate the property known for municipal purposes
as 210 King Avenue West, Newcastle, Municipality of Clarington as a
property of historic or architectural value or interest under the Ontario
Heritage Act, R.S.O. 1990, Chapter 0.18
WHEREAS the Ontario Heritage Act, R.S.O., 1990, c.0.18 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 210 King Avenue West, Newcastle 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 in the Clarington This Week, a newspaper
having general circulation in the area of the designation on May 28, 2014; 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 210 King Avenue West, Newcastle, 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 210 King Avenue West,
Newcastle, 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.,0.18.
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 in the Clarington
This Week, a newspaper having general circulation in the area of the
designation.
4. That by-law 95-30 be Repealed.
By-law passed in open session this 7t" day of July, 2014
Adrian Foster,,IVlayor
Municipal Clerk
SCHEDULE `A"
TO BY-LAW NO. 2014-084
Description of Property
"The Hollows", 210 King Avenue West in Part Lot 29, Concession 2, former Village of
Newcastle. The Hollows is a 2-storey structure found on the north side of King Avenue
West (also known as the King's Highway 2). The frame building incorporates elements
from separate periods of the 19t" century and is comprised of an older portion in the rear
and later addition and porch on the front, closest to the road.
Statement of Cultural Heritage Value or Interest
The property's design and physical cultural heritage value lies in it being an excellent
example representative of Upper Canada vernacular style architecture which includes
the practice of building the house on an axis with a gable end forming the front facade.
The building also incorporates elements of an early trend in Edwardian Classicism
including its box -like massing, full two -storeys tall, largely devoid of exterior ornament
with the exception of its generous verandahs, classical columns, and chunky railing.
Also of note on the interior of the house are: the staircase leading to the kitchen and the
original pine flooring, early examples typical of a farmhouse kitchen; the main wooden
staircase which displays a high degree of craftsmanship; and the fireplace surrounds
and mantles with built in cast and copper burning units, a unique example of a
construction method.
The property's cultural heritage value lies in its association with prominent early settlers
and residents of Newcastle Village and Clarke Township. The property which
accommodates the building was part of a Crown grant to Captain John McGill, a high-
ranking government official and personal friend and associate of John Graves Simcoe.
McGill sold the lot in question in 1801 to Robert Baldwin, one of the first settlers of
Clarke Township. Robert Baldwin was also connected to Governor Simcoe. Baldwin
was appointed by Simcoe as the Lieutenant of Durham County (1804-1807). This
official title and role was Governor Simcoe's attempt to promote aristocracy, which met
with disapproval by the Home Government and was soon abandoned.
The oldest section of the frame house was built around 1830, at a time when that part of
the village was known as Crandell's Corners. Very few houses in Newcastle Village of
this age remain. The two-story portion of the building and porch at the front were a later
addition constructed by a Newcastle carpenter named Poole in the early 1900s. The
house was known as "The Hollows" and owned by Major David Bennett, who ran an
antique business and resided there for many years.
The property's contextual cultural heritage value lies in its importance in defining,
maintaining or supporting the character of the area as a gateway feature in the Foster
Creek Valley as you enter/exit Historic Downtown Newcastle.
Description of Heritage Attributes
Key attributes of the structure that reflect its values as an example of Upper Canada
vernacular style and Edwardian Classicism include:
- The frame facade;
- The two storey L-shaped verandah and verandah rails;
- Material and location of the 2 over 2 sash windows and storms;
- The three 20 paned windows and large paned windows;
- Material and location of the two main wooden doors, one from the 1830s portion
and one from the 1900s portion
Key attributes of the structure that reflect its value in defining the character of the
historic west entrance to Newcastle Village include:
- Its location in the valley of the Foster Creek on the former Danforth Road (now
Highway 2) at the western extent of the village
SCHEDULE 'B'
TO BY-LAW 2014-084
Legal Description
LT 3 BLK Q PL Village of Newcastle Hannings PL Dated 1868 Newcastle PT LT
2 BLK Q PL Village of Newcastle Hannings PL Dated 1868 Newcastle PT LT 4
BLK Q PL Village of Newcastle Hannings PL Dated 1868 Newcastle PTS 1 & 2
10R1848 except PT 9 10R3101
Attachment 2 to Report PSD-059-20
Corporation of the Municipality of Clarington
By-law Number 2020-
being a By-law to Amend By-law 2014-084, being the Heritage Designation of
210 King Avenue West (Part of lots 2, 3, and 4, Block Q, Village of Newcastle,
Hannings Plan dated 1868, Clarington) under the Ontario Heritage Act
WHEREAS By-law 2014-084 was intended to designate the property known as `The
Hollows' located at 210 King Avenue West, Newcastle as a property of cultural heritage
value or interest under the Ontario Heritage Act;
AND WHEREAS Section 30.1 of the Ontario Heritage Act, R.S.O. 1990, c.O.18
authorizes the Council of a municipality to amend a by-law designating property under
that Act;
AND WHEREAS the property has been severed (File No. LD 078/2015) and the
heritage designation does not apply to the severed portions of the former lot now
described as Part of Lots 2 & 3, Block Q, Newcastle, Hannings Plan dated 1868,
designed as Part 1, 40R-29574 t/w easement over part 4, 40R-29574, municipally
known as 224 King Avenue West, PIN 26658-0705 and Part of Lots 3 & 4, Block Q,
Newcastle, Hannings Plan dated 1868, designed as Part 3, 40R-29574, PIN 26658
0701.
AND WHEREAS the owner of the property known municipally as 224 King Avenue
West, Newcastle as applied to have the heritage designation under the Ontario Heritage
Act thereon amended in order to correct the legal description of the property;
NOW THEREFORE BE IS RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That By-law 2014-084 is hereby amended by deleting the Legal Description
contained in Schedule `B' and replacing it with the following:
C:\Program Files\eSCRIBE\TEMP\16195821702\16195821702,,,Attachment 2 to Report PSD-059-20.docx
Legal Description
Part Lots 2 to 4, BLK Q, Village of Newcastle Hannings PL dated 1868;
Part 2, Plan 40R29574;
Municipality of Clarington
Regional Municipality of Durham
PIN 26658-0704 (LT)
2. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of the Ontario Heritage Act.
By -Law passed in open session this day of
2020
Adrian Foster, Mayor
June Gallagher, Municipal Clerk