HomeMy WebLinkAboutPSD-026-14 C r,
ladiwn REPORT
PLANNING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: May 5, 2014 Resolution#: l By-law#: N/A
Report#: PSD-026-14 File#: PLN 34.5.2.55
Subject: HERITAGE DESIGNATION BY-LAW (AMENDMENT)
210 KING AVENUE WEST, NEWCASTLE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-026-14 be received;
2. THAT the recommendation of the Clarington Heritage Committee to enact a new
designation by-law for 210 King Avenue West, Newcastle, under Part IV of the Ontario
Heritage Act continue to be processed;
3. THAT the Clerk prepare the required Notice of Intention to Amend the Designation
pursuant to the provisions of the Ontario Heritage Act;
4. THAT depending on the response to the Notice of Intention to Designate, the Clerk either
prepare the necessary by-law or report back to Council regarding objection(s) received;
and
5. THAT the Clarington Heritage Committee, the interested parties listed in Report PSD-
026-14 and any delegations, be advised of Council's decision.
o ,
Submitted by: Reviewed by:
Davi . Crome, MCIP, RPP n lin Wu,
Director of Planning Services Chief Administrative Officer
FL/sn/df
29 April 2014
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: PSD-026-14 PAGE 2
1. PURPOSE
1.1 The purpose of this report is to seek approval of a new designating by-law
(Attachment 1) for 210 King Avenue West, Newcastle and recommend repeal of By-
Law 95-30 (Attachment 2). Essentially to amend the existing designation by-law, the
process outlined in the Ontario Heritage Act requires a new by-law.
2. BACKGROUND
2.1 On March 13, 1995, Council approved the heritage designation of the property
identified as 210 King Avenue West in Newcastle under Part IV of the Ontario
Heritage Act.
2.2 Named "The Hollows" by once owner and resident of Newcastle Village, Major David
Bennett, the structure at 210 King Avenue West incorporates elements from separate
periods of the 19th century. The lot which accommodates the building was part of a
Crown grant to Captain John McGill, who sold it in 1801 to Robert Baldwin, one of
Clarke Township's earliest settlers. Heritage Designation By-Law 95-30 (Attachment
2) lists the cultural heritage significance and the architectural features of the building
that supported the reasons for designation in 1995.
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KING AVENUE WEST
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3. PROVINCIAL POLICY
3.1 Provincial Policy Statement
Section 2.6.1 of the Provincial Policy Statement states that significant built heritage
resources shall be conserved. Significant is defined as a resource that is valued for
the important contribution it makes to our understanding of the history of a place, an
event, or a people.
REPORT NO.: PSD-026-14 PAGE 3
3.2 Places to Grow
Section 4 of the Growth Plan for the Greater Golden Horseshoe identifies cultural
heritage sites as valuable assets that must be wisely protected and managed as part
of planning for future growth.
3.3 Ontario Heritage Act
The Ontario Heritage Act outlines the process for designation. Section 30.1 stipulates
the same process applies for an amendment to the designating by-law. A summary of
the heritage designation/alteration process is Attachment 3.
4. CLARINGTON OFFICIAL PLAN
4.1 Section 8 of the Clarington Official Plan fully supports the heritage designation of
individual properties under Part IV of the Ontario Heritage Act.
5. DISCUSSION
5.1 On January 20, 2014, Staff submitted Report PSD-006-14 to the General Purpose and
Administration Committee regarding an application to repeal the heritage designation
of 210 King Avenue West, Newcastle. PSD-006-14 outlined the position of the owners
and the Clarington Heritage Committee (CHC). The report included a recommendation
that Council deny the application requesting repeal of the designating heritage by-law.
5.2 Council passed the following GPA Resolution:
"THAT Report PSD-006-14 be referred to Staff, with input from the Clarington
Heritage Committee, for a report on removing certain features from By-law 95-30"
Ir-T" i
REPORT NO.: PSD-026-14 PAGE 4
5.3 Mr. Thorne, the owner of 210 King Avenue West, attended the January 21, 2014
meeting of the Clarington Heritage Committee. At this meeting, Mr. Thorne indicated a
willingness to work with the Committee to determine whether a resolution could be
reached without repealing the designation. Mr. Thorne offered to have some of the
committee members visit the home before making any recommendations. Based on
the discussion with Mr. Thorne, the CHC passed the following resolution:
`At the January 21St, 2014 meeting of the Clarington Heritage Committee, Mr.
Thorne attended as a delegation and based on the discussion is willing to
continue discussions in anticipation of having staff report back to GPA for the
Feb 24th meeting."
5.4 On February 11, 2014, a sub-committee of the CHC attended the home of Mr. and
Mrs. Thorne to review the items listed in the designating by-law. Subsequently, the
CHC held a Special Meeting on February 13, 2014 where they passed the following
resolution:
"THAT provided the owners of 210 King Street W, Newcastle agree to amend the
designating By-law 95-30 the Clarington Heritage Committee will work with the
owners to address which features should continue to be listed in the designation
and any required heritage permits for future works."
5.5 On February 16, 2014, the Thornes submitted an e-mail (Attachment 4) withdrawing
their request for repeal of the by-law with the intention of working with Staff and the
Heritage Committee to formulate an amendment to the designating by-law.
5.6 At the April 15, 2014 meeting of the Clarington Heritage Committee the Committee
passed the following resolution:
"THAT the CHC have worked with the owners of 210 King Avenue West to
recommend to Council a new designating by-law meeting the requirements of the
2005 Ontario Heritage Act as presented in Schedule A (attachment 1) and that
Council also be requested to repeal By-law 95-30."
5.7 The property at 210 King Avenue West is deserving of protection under the Ontario
Heritage Act, in particular for its cultural heritage value given its connection to some of
the earliest settlers of the area. Upon review by the owners and the CHC, while there
are some architectural features that warrant protection, a number of the interior
features listed in the designating by-law have since been determined to not be original
or of nominal architectural significance. The information known and available at the
time of designation in 1995 is essentially being updated to reflect more accurate
information. The listing of the features has been modified to what current practice
would be if the home were being designated today.
5.8 The process followed and a draft of the revised Schedule A for the designating by-law
have been reviewed with the Clarington Heritage Committee, the owners and the
consultant from the Ministry of Tourism, Culture and Sport.
5.9 The owners of 210 King Avenue West, Newcastle are for grants under the Newcastle
Community Improvement Program for facade, building code and signage or funding
REPORT NO.: PSD-026-14 PAGE 5
from the Heritage Incentive Grant for works related to designated features. The
owners of the property have been informed of these opportunities.
6. CONCURRENCE — Not Applicable
7. CONCLUSION
7.1 The CHC and owners are in support of the proposed amendment, if Council concurs
the next step is publishing the Notice of Intention in the locally circulated newspaper;
only one advertisement is required.
7.2 Should no objections be received by the Municipal Clerk within 30 days of publishing
the Notice of Intention the proposed by-law designating the property will be forwarded
to Council for approval. Alternatively if any objections are received, the Clerk will
provide a report to Council.
CONFORMITY WITH STRATEGIC PLAN
The recommendations contained in this report conform to the general intent of the following
priorities of the Strategic Plan:
Promoting economic development
Maintaining financial stability
Connecting Clarington
Promoting green initiatives
Investing in infrastructure
X Showcasing our community
Not in conformity with Strategic Plan
Staff Contact: Faye Langmaid
Attachments:
Attachment 1 - Proposed Bylaw (Including Schedules A & B)
Attachment 2 - By-law 95-30
Attachment 3 - Heritage designation process
Attachment 4 - Withdrawal request for repeal
List of interested parties to be advised of Council's decision:
Peter and Anu Thorne, Owners
Clarington Heritage Committee c/o Faye Langmaid
Newcastle Village and District Historical Society
Bert Duclos, Ministry of Tourism, Culture and Sport
Sean Fraser, Ontario Heritage Trust
ATTACHMENT 1
TO REPORT PSD-026-14
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2014-xxx
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 ; 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_th day of
Anne Greentree, Municipal Clerk
Adrian Foster, Mayor
SCHEDULE `A" P,
TO BY-LAW NO. {
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 19th 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 two 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-
Oxx
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-026-14
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW#95-30
being a by-law to designate the property known for municipal purposes as
210 King Street West, Part Lot 29, Concession 2,former Village of Newcastle,
now in the 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
as 210 King Street West, Newcastle Village, 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 Newcastle Independent, a
newspaper having general circulation in the area of the designation, once each week
for three consecutive weeks, namely December 28, 1994, January 4 and 11, 1995;
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 Local Architectural Conservation Advisory Committee of the
Municipality of Clarington has recommended that the property known for municipal
purposes as 210 King Street West, Newcastle Village 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
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 as 210 King Street West,
Newcastle Village,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 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 Clerk also is authorized to cause notice of
the passing of this by-law to be published in the Newcastle Independent, a
newspaper having general circulation in the area of the designation, once each
week for three consecutive weeks.
By-law read a first and second time this 13th day of March 1995.
By-law read a third time and finally passed this 13th�day yoof March 1995.,
MAYOR
O
f
eputy ERK
` SCHEDULE "A"
TO BYLAW#95-30
Named "the Hollows" by once owner and resident of Newcastle Village, Mayor David
Bennett, this structure incorporates elements from separate periods of the 19th
century. The lot which accommodates the building, was part of a Crown grant to
Captain John McGill,who sold it in 1801 to Robert Baldwin, one of Clarke Township's
earliest settlers. The oldest section of the frame house dates from the 1830s and it is
located behind a two storey Edwardian addition, which was constructed by a
Newcastle master carpenter names Pool in the early.1900s. Significant to the Village
of Newcastle, the following architectural features are recommended for designation
under Part IV of the Ontario Heritage Act:
Exterior-the frame facade
-the two storey L-shaped verandah
-the original 2 over 2 sash windows and storms
-the two 20 paned windows and large paned windows with storms
-the two main wooden doors, one in the 1830s portion and one from the
1900s portion
Interior -the staircase with hand-crafted bannister leading to the kitchen
-the main staircase of wide-grained Virginia chestnut
-the original pine and oak floors through-out
-the original wood trims, mouldings and doors
-the two wood and glass-paned pocket doors
-the fireplace surrounds and mantles with built in caste and copper burning
units
ATTACHMENT 3
TO REPORT PSD-026-14
(Section 32 of the Ontario Heritage Act)
Repeal requested by I
property owner J Bylaw not repealed
Notice of Decision to Refuse:
Council consults with MHC 1.Served on property owner Property owner objection
2.Served on CHIT within 30 days?
Council Decision Objection referred to
within 90 days: CRB far hearing
Proceed with repeal?
Notice of Hearing
published in newspaper
Notice of Intention to Repeal.
1.Served on property owner
2.Served on UHT Council considers CRB Report I CRB hearing and report
3.Published in newspaper
Objections within 30 days? Objection referred to Notice of Hearing
� CRB for hearing published in newspaper JI
CRB hearing and report
Council Decision: Council considers CRB Report
Repeal bylaw?
Repeal bylaw passed& I Notice of Withdrawal of Intention
registered on title to Repeal:
1.Served on property owner
2.Served on OHT
3.Published in newspaper
Notice of Repeal:
1.Served on property owner
2.Served on DHT
3.Published in newspaper Bylaw not repealed J
Property removed from
municipal and provincial registers
Property removed from V
Canadian Register 1
Council decision final where CRB hearing has taken place
Designating Heritage Properties •Appendik:Flowcharts
ATTACHMENT 4
TO REPORT PSD-026-14
February 16, 2014
To the Attention of the General Purpose and Administration Committee,
Municipality of Clarington
At the January 20, 2014 session of Council, we, the undersigned, were present as a
delegation to support our request to repeal the heritage designation on our 210 King Ave.
West, Newcastle home.
Council's action was to send our request back to staff to determine if some common
agreement might be attained by the Heritage Committee with the residents of 210 King
Ave. W.
We subsequently met with staff and the Heritage Committee, and the outcome was a
mutual determination to allow sufficient time to assess what elements might be removed
from "said" designation.
1 have been advised by staff that our request to repeal the by-law affecting our
designation must first be withdrawn to support our current direction. Therefore:
I respectfully withdraw our request for a repeal of the by-law that designates our 210
King Ave.W., Newcastle home.
It is our intention to work with staff and the Heritage Committee to formulate an
amendment to the "said"-by-law at a future date.
Sincerely yours:
Peter and Anu Thorne