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HomeMy WebLinkAboutPSD-029-15 Clarington Planning Services Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: General Purpose and Administration Committee Date of Meeting: May 25, 2015 Report Number: PSD-029-15 Resolution #: G File Number: PLN 34.5.2.12, PLN 34.5.2.42, and PLN 34.2.27 By-law Number: N/A Report Subject: Cultural Heritage Impacts of Highway 407 and 418 - Process to repeal heritage designation By-laws 90-186 and 89-187 and remove four properties from the municipal registry Recommendations: 1. That Report PSD-029-15 be received; 2. That the process to repeal heritage designation By-law 90-186 for 1909 Bloor Street and heritage designation By-law 89-187 for 5415 Solina Road, under Part IV of the Ontario Heritage Act be initiated; 3. That the Clerk prepare the required Notice of Intention to Repeal the Designations pursuant to the provisions of the Ontario Heritage Act; 4. That depending on the response to the Notice of Intention to Repeal, the Clerk either prepare the necessary motion to have Council Repeal the by-laws or report back to Council regarding objection(s) received; 5. That 5531 Bethesda Road, 5681 Acres Road, 5658 Bethesda Road and 7500 Highway 35/115 be removed from the Municipal Register; and 6. That all interested parties listed in Report PSD-029-15 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD-029-15 Page 2 Report Overview Two designated heritage buildings and four buildings with heritage value that are on the Municipal Register are being demolished to allow for the construction of the 407 East Extension and the 418, linking the 401 and 407. After consultation with the Clarington Heritage Committee it is recommended that the designation by-laws for 1909 Bloor Road and 5415 Solina Road be repealed and that 5531 Bethesda Road, 5681 Acres Road, 5658 Bethesda Road and 7500 Highway 35/115 be removed from the Municipal Register. 1 . Background The Ministry of Transportation has begun pre-construction on Phase 2 of the approved Highway 407 East Extension and Highway 418 construction, linking Highway 401 and Highway 407. The pre-construction phase includes clearing the lands of obstructions, including the demolition of buildings that are in the approved Environmental Assessment alignment for the highways. In 2013 the Clarington Heritage Committee requested that the Minister and Ministry of Transportation allow for ample time to try and sell and relocate buildings with heritage attributes and value. The Clarington Heritage Committee has assisted the Ministry in creating a salvage process in Clarington for buildings that were not sold or could not be moved. The salvage process included consultation with heritage property owners and identified items or materials that could be reused from the buildings to be demolished in designated heritage buildings throughout Clarington. The Ministry of Transportation will also be reusing some materials from the buildings, like stone from the demolished homes, as part of their Community Value Plans. In December 2014 staff and the Clarington Heritage Committee were informed by the Ministry of Transportation that the process to relocate six heritage buildings (two designated and four on the municipal register) had not been successful and the buildings would be demolished. Ministry staff attended the January 2015 Heritage Committee meeting, explaining the process undertaken and responding to questions from members on the process, the proposed cost of relocation and the final decision to demolish the buildings. At the April 21, 2015 Clarington Heritage Committee meeting staff informed members that both the Ministries of Transportation and Tourism, Culture and Sport had outlined the process for the Municipality to repeal the by-laws designating 1909 Bloor Street and 5415 Solina Road as set out under the Ontario Heritage Act. The committee passed the following resolution: "THAT Clarington Heritage Committee, based on the ownership and actions of the Province, recommend to Council the designating by-laws for 1909 Bloor Street and 5415 Solina Road be repealed and that 5531 Bethesda Road, 5681 Acres Road, 5658 Bethesda Road and 7500 Highway 35/115 be removed from the Municipal Register." Municipality of Clarington Report PSD-029-15 Page 3 The committee also recommended maintaining a record of the buildings on the Clarington Heritage website noting the reason and date of their demolition and removal from the listing of cultural heritage resources. 2. Ontario Heritage Act 1909 Bloor Street and 5415 Solina Road have been designated under Part IV, Section 29, of the Ontario Heritage Act. Subsection 26.1 (1) of the Ontario Heritage Act provides that designation under Part IV of the Act does not apply to property that is owned by the Crown in right of Ontario or by a prescribed public body as defined in subsection 25.2(2) of the Act. As such, there is no municipal authority under Part IV of the Act governing these properties, and any by-law passed by the municipality designating these properties under Part IV of the Act has no effect. Repealing the designation by-laws will update the status of these heritage resource properties with the most current information. While the by-laws were not applicable to the Province, the Ministry of Transportation reviewed the properties under the Standards and Guidelines for Conservation of Provincial Heritage Properties and complied with these guidelines regarding heritage identification, evaluation, and documentation while also applying best efforts to mitigate loss of cultural heritage value. 3. Designated and Municipal Registry Properties Impacted Below is a summary of the properties designated under Part IV of the Ontario Heritage Act and the properties on the Municipal Register. The Ministry of Transportation has prepared Cultural Heritage Evaluation Reports (CHER) for the buildings identifying the heritage value of the buildings and documenting the buildings. 3.1. Designated Properties 5415 Solina Road, Conc. 5 Pt. Lot 24 Township of Darlington (Designated bV BV-law 89- 187 This fine red brick Victorian home was built by local farmer Daniel Hogarth in 1874. Of particular note are the exterior brick work in the running bond pattern, gingerbread trim; on the interior the wainscoting in the dining room and kitchen and the original pine floors. 1909 Bloor Street, Conc. 1 Pt. Lot 25 Darlington Township (Designated by By-law 90- 186 The "Samuel McLellan" house is an excellent example of the type of fieldstone farmhouse that was built in Darlington Township through the mid-19th century. The property originally incorporated a verandah on three sides with a steep roof and lacy trelliage. Samuel McLellan was born in Ireland in 1819, and came to Canada sometime before Municipality of Clarington Report PSD-029-15 Page 4 1854. In the 1861 census Samuel, his wife Jane and two daughters are living in a one and a half storey log house, but the census notes that "stone is being built". 3.2. Municipal Register Properties 5531 Bethesda Road Built of rubble fieldstone with red brick voussoirs over the openings, the Werry House was one of the earliest stone farmhouses in the Township. One and a half storeys in height, the house is unusual in that it is 5 bays wide rather than the more common 3 bays. The brick voussoirs are also unusual in a stone house and are indicative of its early date. The house was constructed between 1849 and 1851. 7500 Highway 35/115 The one and a half storey house is constructed in the late Georgian style of coursed red, grey and black granite blocks with large stone quoins of the same material at the northeast and southeast corners. The windows are six-over-six sash windows with decorative stone arches and stone sills. The centrally placed door is recessed with a fanlight, three paned sidelights and decorative wooden panels and door surrounds. There are two internal brick chimneys; one on the south gable end and the other on the west elevation, with alterations that suggest there would have been another chimney on the north end of the house originally. 5658 Bethesda Road The Richard Foley house is representative of the type of centre gable farmhouse commonly found in the Township. A storey and a half in height and built of red brick, the house has returned eaves and six-over-six glazing seen in many houses of this type. The eave brackets, the segmentally arched window in the gable, the buff brick over the windows, and the front door with sidelights and a rectangular transom are specific to this house as those details tend to vary from house to house. 5681 Acres Road The one and a half storey house was the third house built by the Cole family on Acres Road. The house, constructed in the 1860's, is a good example of a fieldstone house being built in the Township during this period. The house has large stone quoins accenting the corners of the house and rectangular door and window openings with radiating stone voussoirs. There are no chimneys on the main roof, but an external chimney has been built on the north wall. 4. Public Notice and Consultation 4.1 Designated properties The Clarington Heritage Committee were consulted at their March 17, 2015 and April 21, 2015 meetings with regard to the properties. The committee reluctantly recommends that Council proceed with the process to repeal designating By-laws 90-186 and 89-187. Municipality of Clarington Report PSD-029-15 Page 5 The Ontario Heritage Act requires that Council send notice of the intent to repeal to the property owner, the Ontario Heritage Trust and publish notice in a newspaper having general circulation in the municipality. The notice must provide details relating to the description of the property, the reason for the proposed repeal and provide for 30 days to file an objection. 4.2 Municipal Register Properties For Municipal Register properties; which is not a designation but rather a mechanism to allow for delay (up to 60 days) before issuing a demolition permit; Council is required to consult with the Clarington Heritage Committee. The Clarington Heritage Committee at their meetings of March 17, 2015 and April 21, 2015 reviewed the comments from the Ministries and recommend that Council remove the properties from the Register. 5. Discussion The Clarington Heritage Committee and staff have worked with the Ministry of Transportation staff during the 407 Environmental Assessment process and have made all attempts to relocate buildings with cultural heritage value. A salvage process was created and has been implemented for the buildings that could not be relocated. The buildings have been documented and efforts have been made to mitigate the loss of the cultural heritage resources. At the writing of this report four of the buildings discussed in this report have already been demolished and the other two will be demolished in the near future. The Ministry has completed their review process, including attempts to have the buildings relocated, and have proceeded with the salvage and demolition of the buildings. Under the Ontario Heritage Act the Ministry is not subject to the designating by-laws passed by Council for 1909 Bloor Road and 5415 Solina Road. Given the Ministry's ownership and demolition of the buildings the current designating by-laws are no longer required to protect the heritage values and attributes of the site. 6. Concurrence Not Applicable 7. Conclusion The Clarington Heritage Committee and staff recommend that Council initiate the process to repeal designating By-laws 90-186 and 89-187 and approve the removal of 5531 Bethesda Road, 5681 Acres Road, 5658 Bethesda Road and 7500 Highway 35/115 from the Municipal Register. 8. Strategic Plan Application The recommendations contained in this report do not conform to the Strategic Plan. Attachment 3 to Municipality of Clarington Report PSD-029-15 Submitted by: Review .o Reviewed by. °-� David rome, CIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer Staff Contact: Brandon Weiler, Planner, 905-623-3379 ext. 2424 or bweiler @clarington.net The following is a list of the interested parties to be notified of Council's decision Sean Fraser, Ontario Heritage Trust Winston Wong, Ministry of Transportation Chris Brown, Ministry of Transportation Bert Duclos, Ministry of Tourism, Sport and Culture Clarington Heritage Committee BW/FL/df