RECOMMENDATION:
That
Heritage Markham’s recommendation to designate the following properties which
form part of the Little Rouge Corridor under Part IV of the Ontario Heritage
Act be approved;
1.
7273 14th Avenue
2.
7277 14th Avenue
3.
7399 Reesor Road
4.
7401 Reesor Road
5.
7450 Reesor Road
6.
7551 Reesor Road
7.
7632 Highway #7
8.
9035 Reesor Road
9.
9529 Reesor Road
10.
9829 9th Line
11.
7877 Highway #7
12.
7867 Highway #7
13.
7861 Highway #7
14.
7218 Reesor Road
15.
8992 Reesor Road
That
Heritage Markham’s recommendation to designate the following properties which
form part of the Little Rouge Corridor under Part IV of the Ontario Heritage
Act, and include the properties in the listing for the Markham Inventory of Heritage Buildings
be approved;
1.
7914 14th Avenue
2.
7295 Reesor Road
3.
8847 Reesor Road
4.
Cedarena
5.
The Wurtz Cemetery
6.
The Reesor Pioneer Cemetery
And
that the Clerks Department be authorized to:
·
publish and serve Council’s Notice of Intention to
Designate as per the requirements of the Act; and
·
prepare the Designation By-laws for these
properties.
And that the Province and TRCA
be requested to enter into a heritage conservation easement agreement with the
Town as a condition of transfer of the properties from Provincial ownership;
And further that the Province,
the TRCA and the Rouge Alliance be so advised.
PURPOSE:
To recommend to Council that the twenty-one properties
located within the Little Rouge Corridor which are to be transferred by the
province to the Town and the Toronto and Region Conservation Authority as part
of the future Rouge Park be
designated under Part IV of the Ontario Heritage Act, and the owners
enter into heritage easement agreements with the Town.
BACKGROUND:
Heritage buildings
and sites are located on the subject lands
The subject lands are located within east Markham, along the Little
Rouge Corridor between Steeles Avenue, and Major Mackenzie Drive and between 9th
Line and York Durham Line. The Province
of Ontario is in the process of transferring the lands to the Town and the
Toronto and Region Conservation Authority, as part of the future Rouge Park. The lands contain twenty-one properties
which have been identified by Heritage Markham as having heritage significance
to the Town and have been recommended for designation under Part IV of the Ontario
Heritage Act.
Heritage Buildings
and sites are located within the future Rouge Park
The twenty-one heritage buildings and sites are located within the area
of the Rouge North Management Plan identified as part of the Little Rouge Creek
corridor. In order to facilitate the
establishment of this park and the protection of the Little Rouge, the Ontario
Realty Corporation (ORC) has announced it will be transferring the lands
located within the park boundary to the Toronto and Region Conservation
Authority and the Town.
Six sites are not
listed and are recommend for inclusion in the Heritage Inventory
Of the twenty-one sites, six are not currently listed on the Markham
Inventory of Heritage Buildings. These
sites were not previously listed, either because they were missed from the most
recent Markham
Inventory of Heritage Buildings Survey, due to foliage or distance
from the public right of way, or because they are cemeteries, which have not in
the past been included in the inventory, but which are of heritage significance
to the Town. Heritage Markham has
recommended that these sites be included in the listing for the Markham
Inventory of Heritage Buildings.
Heritage Staff and
Heritage Markham were asked for input on sale of properties for Rouge Park
Purposes
On February 15, 2001, Town (Heritage Section) staff were contacted with
respect to properties owned by the ORC which were in the process of being
transferred out of provincial ownership to be incorporated into the future
Rouge Park. The consultant for the ORC
inquired as to whether buildings located on the properties were considered
significant and whether the transfer of the lands out of Provincial ownership
would affect the heritage aspect of these properties.
Town (Heritage Section) staff identified the properties as
being of heritage significance to the Town.
Province was
requested to allow designation and enter into conservation easements prior to
sale
Heritage
Markham, at its meeting on March 12, 2003 recommended that twenty-one
properties located within the Little Rouge Corridor which are to be transferred
by the province to the Town and the Toronto and Region Conservation Authority
as part of the future Rouge Park be
designated under Part IV of the Ontario Heritage Act, (Appendix ‘A’) and
the Town explore the possibility of obtaining Heritage Conservation Easement
agreements with the Province of Ontario, for those properties not being
transferred to the Town, as a condition of their sale from provincial
ownership. Heritage
Conservation Easement agreements provide the municipality the strongest
protection available for heritage resources and permit the municipality to
require that the property be maintained.
Heritage
Properties are Significant
Of
the twenty-one properties which are recommended for designation, fifteen are
listed on the Markham Inventory of Heritage Buildings. The remaining six buildings have been
reviewed by Heritage Staff and Heritage Markham and determined to be worthy of
listing on the Markham Inventory of Heritage Buildings. Heritage Markham has recommended that these
six properties be included in the listing of the Markham Inventory of Heritage
Buildings in addition to being designated.
The twenty-one heritage sites represent good and outstanding examples of
vernacular residential, commercial, agricultural and cemetery resources from
the 19th Century and early 20th Century built by
prominent members of the rural Cedar Grove and Locust Hill communities. The sites exhibit influence of a variety of
local architectural styles, which are prevalent in the Markham area. An outline of the heritage attributes of
each site in support of its designation is included in the Heritage Designation
Reports, which are attached as Appendix ‘B’ through Appendix ‘V’.
Designation is consistent with the objectives
of the Rouge North Management Plan
Protection of the twenty-one heritage sites located within the lands
identified, as the future Rouge Park through designation under Part IV of the Ontario
Heritage Act. would be consistent with the policies with respect to
heritage resources contained within the The Rouge North Management Plan. The plan provides for the protection and
integration of significant archaeological and heritage resources. It further recommends that “all works of
public agencies consider their impacts upon built heritage resources and
cultural landscape with a presumption against any work which would
detrimentally affect a valued built heritage resource, cultural landscape or
its attributes”.
Transfer of lands
from crown ownership may be imminent – Designation would protect resources
Since the owner is currently the Crown, it is
not formally bound by the Ontario Heritage Act; however, the Province
must adhere to its own internal protocols and work with municipalities with
respect to the preservation of identified heritage resources. Once the property is transferred out of
provincial ownership, the Ontario Heritage Act would provide the Town
with a means to ensure that this heritage resource is protected.
Designation would provide improved protection of the
resources
Although the
Crown is exempt from the provisions of the Ontario Heritage Act, it is
the opinion of Town (Heritage and Legal Department) staff that the designation
of the twenty-one heritage resources would provide the following improved
protection to the resource:
1.
The Ontario Realty Corporation (ORC) protocols are
more stringent with respect to designated properties under its ownership. If designated, the resources may be more
likely to be retained and to qualify for any available financial assistance
from the Province with respect to heritage preservation.
2.
The designation of the resources would provide a clear
indication to ORC and any other interested parties that the building is of
heritage value. Designation would also
provide the resources with all legal protection under the Ontario Heritage
Act and would provide a clear indication that it is the desire of the
municipality that the building be preserved.
3.
The designation of the resources under the Ontario
Heritage Act at this point in time would give the structure immediate and
ongoing protection upon the transfer of the lands out of provincial ownership.
In order to ensure that heritage properties within the
Little Rouge Corridor are clearly identified and protected for in any future
planning and management of the lands, staff concurs with the Heritage Markham
recommendation that the twenty-one properties be designated under Part IV of
the Ontario Heritage Act.
TRCA is bound by
the Ontario Heritage Act
While the
Provincial and Federal Governments are exempt from the provisions of the Ontario
Heritage Act, the Toronto and Region Conservation Authority has no such
exemption. The designation of the
properties under the Ontario Heritage Act and registration of heritage
conservation easements would bind the TRCA under the Act to protect and
maintain the identified heritage resources and consult with the municipality
with respect any future plans for additions, alterations and removal.
Only one
heritage property is to be owned by the Town
Of the twenty-one heritage properties identified one of
these properties, 9829 9th Line is to be transferred to the Town of
Markham.
Province of Ontario has been notified of proposed
designation
On April 15, 2001, Town (Heritage Section) staff
notified the Province of Ontario in writing, through its consultant, Gartner
Lee Ltd. of its recommendation that as a condition of any transfer of the lands
from the protection of Provincial Ownership that the heritage resources located
within the lands be designated under Part IV of the Ontario Heritage Act
and that the owner enter into a heritage conservation easement with
the Town for each heritage resource to ensure the continued protection and
maintenance of these significant heritage resources. The proposed designation of these resources has also been
discussed on a number of occasions with Provincial staff.
No objection received to
designation – Province has not yet agreed to
require TRCA to enter into heritage conservation easements
Town (Heritage Section) staff has
not received any objection from the owner to the designation of the twenty-one
properties under Part IV of the Ontario Heritage Act,. However, ORC
staff have not yet agreed to require the TRCA to enter into heritage
conservation easements with the Town.
Heritage Easement requirement recommended for lands to
be transferred
The
Town staff recommendation that Ontario
Realty Corporation require the TRCA to enter into heritage conservation
easements with the Town as a condition of sale would be consistent with
established Provincial policy.
The Ontario Government Publication Architectural
Conservation Notes: #10 Ontario Realty Corporation, Municipalities and Heritage
Properties, published by the Ministry of Citizenship Culture and Recreation
in August 1998 states that:
“With early notice from ORC, you (the
municipality) may want to arrange for municipal protection (e.g. heritage
easement, designation, etc.) to take effect when a property changes hands. The
ORC will work with you toward this aim.”
Town (Heritage Section) staff
notified the ORC in writing through its consultant on April 5, 2001 that
municipal protection in the form of heritage conservation easements and
designation was desired for all heritage properties which are proposed to be
transferred. Town (Heritage Section)
staff has continued to have discussions with ORC staff with respect to this
request since that time.
Heritage Markham has recommended designation of other
Provincial properties
In addition to the transfer of
lands located within the Little Rouge Corridor from Provincial Ownership, ORC
is currently in the process of undertaking a class environmental assessment
relating to the proposed transfer of other lands in eastern Markham into
private ownership as part of the previously announced Tenant Purchase
program. A total of twenty-five
properties, which are listed on the Markham Inventory of Heritage Buildings,
are located on these lands. In order to
ensure that these resources are protected in advance of any future sale of
these lands, Heritage Markham recommended at its meeting of March 12, 2003 that
all twenty-five properties be designated under Part IV of the Ontario
Heritage Act and that the Province enter into heritage conservation
easements with the Town to ensure the long term-protection of these resources
as a condition of any sale. Town
(Heritage Section) staff are currently researching these properties and will be
bringing a report forward to Development Services Committee in the near future.
FINANCIAL CONSIDERATIONS:
No financial implications are to be considered in this report
BUSINESS UNITS CONSULTED AND AFFECTED:
Action required by Clerks
Department
Should
Council concur with the recommendation to designate the twenty-one heritage properties identified
in this report, the Clerks Department should be authorized to:
·
publish and serve on the property owners, the
Ontario Heritage Foundation and the public through a newspaper advertisement,
Council’s notice of intention to designate the property as per the requirements of the Act; and,
·
prepare the Designation By-law for the twenty-one
properties located in the Town of Markham which are identified in this report.
ATTACHMENTS:
Available for viewing and upon request from the Clerks Department
Figure 1 - Owner/Agent + Location Maps
Appendix ‘A’ - Extract from
Heritage Markham Committee
March
12, 2003 concerning designation of the
Twenty-one
properties identified in this report
Appendix ‘B’ - Designation
Proposal – 7273 14th Avenue
Appendix ‘C’ - Designation
Proposal - 7277 14th Avenue
Appendix ‘D’ - Designation
Proposal - 7399 Reesor Road
Appendix ‘E’- Designation
Proposal -7401 Reesor Road
Appendix ‘F- Designation
Proposal -7450 Reesor Road
Appendix ‘G’- Designation
Proposal -7551 Reesor Road
Appendix ‘H’
- Designation Proposal -7632 Highway
#7
Appendix ‘I’- Designation
Proposal -9035 Reesor Road
Appendix ‘J’ - Designation Proposal -9529 Reesor Road
Appendix ‘K’- Designation
Proposal -9829 9th Line
Appendix ‘L’- Designation
Proposal -7877 Highway #7
Appendix ‘M’- Designation
Proposal -7867 Highway #7
Appendix ‘N’- Designation
Proposal -7861 Highway #7
Appendix ‘O’- Designation
Proposal -7218 Reesor Road
Appendix
‘P’- Designation Proposal -8992
Reesor Road
Appendix ‘Q’- Designation
Proposal -7914 14th Avenue
Appendix ‘R’- Designation Proposal -7295 Reesor Road
Appendix ‘S’- Designation
Proposal -8847 Reesor Road
Appendix ‘T’- Designation
Proposal - Cedarena
Appendix ‘U’- Designation
Proposal - The Wurtz Cemetery
Appendix ‘V’- Designation
Proposal - The Reesor Pioneer Cemetery
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Valerie
Shuttleworth, M.C.I.P., R.P.P.
Director
of Planning and Urban Design
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Jim
Baird, M.C.I.P., R.P.P.
Commissioner
of Development Services
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FIGURE 1
Document #: Q:\Development\Heritage\SUBJECT\DESIGNAT\east
markham designations\pms0520-rv.doc
OWNER:
Barb Davies
Natural and Cultural Heritage Program Manager
Rouge Park
40 Bloomington Road West Telephone #: 1- (905) 713-6022
Aurora, ON L4G 3G8 Fax #: 1-(905) 713-6028
Gary
Pringle
Environmental
Assessment Co-ordinator
Ontario
Realty Corporation
Ferguson
Block, 11th Floor
77 Wellesley Street West Telephone
# (416)-327-2755
Toronto, ON M7A 2G3 Fax #: (416) 212-1131
Ron
Dewell
Toronto
and Region Conservation Authority
5
Shoreham Drive Telephone
#: (416) 661-6600
North
York, ON M3N 1S4 Fax #: (416)
661-6898
Brian Moncion (416)
327-3942
Ontario
Realty Corporation
Patricia Neal
Executive Director
Ontario Historical Society
34
Parkview Avenue
Willowdale, Ontario, M2N 3Y2
Telephone:
416-226-9011
Fax:
416-226-2740
Lorne Smith
Markham Cemetery Committee
10292 McCowan Road
Markham, ON
L3P 3J3
(905)
640-9394 (fax)
LOCATION MAP:
