DEVELOPMENT SERVICES COMMITTEE

 

 

 

 

 

TO:

Mayor and Members of Council

 

 

 

 

FROM:

Jim Baird, Commissioner of Development Services

Valerie Shuttleworth, Director of Planning & Urban Design

 

 

 

 

PREPARED BY:

Regan Hutcheson, Manager, Heritage Planning

 

 

 

 

DATE OF MEETING:

2004-Nov-09

 

 

 

 

SUBJECT:

Heritage Conservation Easement Policy

 

 

 

 

 

RECOMMENDATION:

THAT the staff report entitled “Heritage Conservation Easement Policy”, date November 9, 2004, be received and endorsed;

 

THAT the Heritage Conservation Easement Policy attached as Appendix “A” be approved;

 

AND THAT the Heritage Conservation Easement Policy be used as a policy guideline by staff when commenting on applications involving heritage buildings in the Town of Markham.

 

 

PURPOSE:

The purpose of this report is to approve the Heritage Conservation Easement Policy as a policy guideline to be used by Town staff when commenting on applications involving heritage buildings.

 

BACKGROUND:

Heritage Conservation Easements provide enhanced protection to heritage properties

A Heritage Conservation Easement is a legal agreement that allows a municipality to ensure the preservation of a heritage property while the owner retains possession and use of the property.  An easement agreement provides a public body such as a municipality, a legal interest in the property and is registered on title to the property.  The Ontario Heritage Act permits municipalities to enter into heritage easements.

 

As there are no provisions under the Heritage Act to require an owner of a designated property to maintain the building or its heritage features in good condition, insure the building against perils or rebuild in the event of damage, heritage conservation easements can address these concerns.  When compared with heritage designation, a heritage conservation easement provides much stronger protection against potential demolition of a community’s significant heritage properties.  The obligations associated with a heritage easement include the following:

 

i.          the owner must receive municipal approvals for any changes or alterations that will affect the heritage features of the structure (this is already a requirement for properties that are designated);

ii.          the owner shall insure the structure in an appropriate amount so there will be enough money to repair the heritage elements of the building in event of fire or other damage; and

iii.         the owner shall maintain the structure in as good and as sound a state of repair as a prudent owner would normally do so that no deterioration in the building’s condition and appearance shall take place.

 

Property owners can enter into the easement voluntarily if they want to ensure their property is preserved for future generations or the easement can be a condition of development approval.  Easements can also be a requirement in exchange for various forms of financial incentives such as a heritage property tax rebate or a grant of some form.

 

The Town has been acquiring Heritage Conservation Easements since 1984

The Town currently has 63 Heritage Conservation Easements with the first agreement obtained in 1984.  In 1996, Council passed the following resolution pertaining to the use of heritage easements:

 

            “That in all subdivision agreements in which a heritage structure is to be retained and in site plan and development agreements when deemed necessary by Council, the owner will be required to enter into a Heritage Easement in a form satisfactory to the Town Solicitor”

 

Based on this policy, staff has been securing heritage conservation easements on heritage buildings retained in new subdivisions and in certain site plan applications, where a heritage building is to be incorporated or where major alterations or additions to a heritage building have occurred.

 

In addition, the Town has required heritage conservation easement agreements for participation in the new Heritage Property Tax Reduction Program and requires heritage easements for heritage grants over $5,000 as part of the Heritage Commercial Façade Improvement Grant Program.

 

Further, when commenting to the Committee of Adjustment, staff has asked for heritage conservation easements as a condition of approval on land division (severance) applications and for some variance applications.

 

 

OPTIONS/DISCUSSION:

There is a need for a clear and consistent Heritage Conservation Easement policy

Although the Town has been acquiring heritage conservation easements through various development applications, the need has been identified for a clear and comprehensive policy that will allow staff to treat all applications in a consistent manner.  There is also a need to provide clarity regarding when a heritage conservation easement should be obtained regarding owner-occupied, residential properties.  Staff would also like to obtain policy guidance related to Committee of Adjustment consent and variance applications.

 

 

A comprehensive Heritage Conservation Easement policy for Markham

Staff has prepared a policy document related to the acquisition of heritage conservation easements (Appendix ‘A’).  The document reiterates our current policy of securing heritage conservation easements for heritage buildings to be retained in new plans of subdivision, for heritage buildings being incorporated into major site plan and development applications, and as a condition of grant assistance and property tax reductions involving heritage buildings. 

 

It has also been our recent practice to obtain a heritage conservation easement agreement for buildings relocated to the Markham Heritage Estates subdivision.  We obtain the easement either as a condition of eligibility approval or at the site plan approval stage.  We recommend extending this requirement for a heritage conservation easement to any heritage building that is to be relocated to another location in the Town, and to heritage structures in which the current or original use is being changed and/or intensified (e.g. usually a residential dwelling being converted to an office or restaurant use).

 

One area in which staff would like to ensure a consistent approach regarding securing a heritage conservation easement involves alterations or additions to a residential heritage dwelling.  In the past, we have secured heritage easements from some residential property owners as a condition of site plan approval for new additions to the dwelling.  We are recommending that where substantive alterations, additions or major restoration work is proposed that affect the heritage attributes of the building, the Town should continue to secure a heritage easement.  However, if the subject structure is residential, owner-occupied and the proposed work does not materially affect the visible facades of the building, or the alterations are considered to enhance the building from a heritage perspective (e.g. the introduction of a missing veranda), then an easement will not be a condition of approval.  Staff wants to ensure that from a policy perspective, an appropriate balance is achieved when dealing with residential property owners so as to not deter these individuals from undertaking improvement to their structures.

 

The final component involves staff recommendations to the Committee of Adjustment concerning severances and variances.  We recommend continuing our current practice of requesting a heritage conservation easement as a condition of land severance (when supportable), since the property owner is obtaining development potential and added value from the property division.  In the recent past, the Town has requested heritage conservation easements as a condition of some variance applications.  We have confirmed that the City of Toronto Heritage Preservation Services also requests heritage conservation easements related to variances (and land division) where they have concerns about the property.  Further, a heritage conservation easement requirement related to a variance in Toronto was recently appealed to the OMB.  At the pre-hearing conference, the Board ruled that even though the heritage conservation easement was the only condition, it was a legitimate planning concern.   To provide some guidance and clarity as to when Markham staff should seek a heritage conservation easement on a variance application, the policy suggests that the variance should relate to a major alteration or addition to the heritage building which will affect the visible facades and/or the heritage features, or the variance will result in a change or intensification of use.

 

Heritage Markham supports the proposed policy

Heritage Markham, Council’s advisory committee on heritage matters, reviewed the draft policy on October 13, 2004 and indicated that it endorses the proposed Heritage Easement Policy.

 

Recommendation

It is recommended that Council approve the Heritage Conservation Easement Policy to provide a policy framework to be used by Town staff when commenting on applications involving heritage buildings.

 

 

FINANCIAL CONSIDERATIONS:

None

 

ENGAGE 21ST CONSIDERATIONS:

This policy will assist in recognizing, promoting and strengthening a sense of community by preserving heritage resources.

 

BUSINESS UNITS CONSULTED AND AFFECTED:

The Legal Services Department and Council’s heritage advisory committee, Heritage Markham, have reviewed the proposed policy document.

 

ATTACHMENTS:

Appendix ‘A’ – Heritage Conservation Easement Policy

 

 

 

 

 

 

 

Valerie Shuttleworth, M.C.I.P., R.P.P.

Director of Planning & Urban Design

 

Jim Baird, M.C.I.P., R.P.P.

Commissioner of Development Services

 

 

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