Report to: Development Services Committee Report Date: March 20, 2007

SUBJECT: RECOMMENDATION REPORT

Site Plan Control Application

Ter-Sky Developments Inc.

Relocation of a Heritage House

Markham Village Heritage Conservation District

FILE NO. SC 05 022910

PREPARED BY: George Duncan, Senior Heritage Planner, Ext. 2296

RECOMMENDATION:

That Site Plan Control Application SC 05 022910 by Ter-Sky Developments Inc. for 29 James Walker Court, be endorsed in principle subject to compliance with the following conditions:

1. THAT the Owner enter into a site plan agreement with the Town, containing all

standard and special provisions and requirements of Town departments, including

the following:

a) an exterior restoration plan for the exterior of the heritage house, including the

installation of wood windows and doors consistent with the approved elevations;

b) a provision that any fencing along the west lot line facing Main Street South will be

of a historically-appropriate style and no more than four feet in total height;

2. AND THAT prior to execution of the site plan agreement, the Owner shall submit

final drawings, and comply with all requirements of the Town and authorized public

agencies, to the satisfaction of the Commissioner of Development Services;

3. AND THAT the site plan agreement include provision for the payment by the Owner

of all applicable fees, recoveries, and development charges;

4. AND THAT the Owner agree to close off the existing driveway access to Main Street

South;

5. AND THAT the Owner provide the required road widening on Main Street South

consistent with the widening taken for the rest of the Walker’s Hill Subdivision;

6. AND THAT the Owner enter into a Heritage Conservation Easement with the Town;

7. AND FURTHER THAT site plan approval shall lapse after a period of three years

commencing March 20, 2007 in the event that the Owner does not enter into a site

plan agreement with the Town during that period.

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

EXECUTIVE SUMMARY:

After a long period of vacancy and dereliction, the Archibald Barker House, a significant heritage building within the southern portion of the Markham Village Heritage Conservation District, has been restored within the context of a small subdivision known as Walker’s Hill on the Rouge. Until recently, the building served as the sales office for the development. A Site Plan Control application has been submitted to relocate the heritage house within its subdivision lot in order to improve its viability as a marketable residence. The owners indicate that they have been unsuccessful in selling the house as a residence due to its proximity to Main Street South, and wish to move the house back a distance of 40 feet, to a position more in line with another heritage house immediately to the south.

The current location close to the busy roadway is a hostile environment for the heritage building and for residential use.

Heritage Markham and Planning and Urban Design staff support this application as it will allow the vacant heritage building to preserved, and become a functioning part of the community after a long period of vacancy. The recommended relocation is appropriate in an area context.

Possible commercial use of the building in its current location was explored, but commercial access to this constricted section of Main Street South is not recommended.

It should be noted that the relocation of the Archibald Barker House is a local issue because the house is seen as an obstacle to any future widening of Main Street South. Many residents do not want to see Main Street South widened. However, in staff’s opinion, the retention of the heritage house on its current foundation would not necessarily prevent a decision to widen the road if it was determined through an Environmental Assessment to be required at some future date. The building would then have to be moved back at public expense at that time. To leave the house without a viable use on this basis would threaten the long-term preservation of this heritage resource and would detract from this part of the Markham Village Heritage Conservation District.

FINANCIAL CONSIDERATIONS:

Not applicable at this time.

1. Purpose 2. Background 3. Discussion 4. Financial

5. Others (Environmental, Accessibility, Engage 21st, Affected Units) 6. Attachment(s)

PURPOSE:

The purpose of this report is to provide background information and recommendations on a Site Plan Control Application within the Markham Village Heritage Conservation District, for the relocation of a residential heritage building and the construction of a detached garage within an existing subdivision lot.

BACKGROUND:

Property Context

The subject property is located on the east side of Main Street South in the Vinegar Hill portion of the Markham Village Heritage Conservation District. It was formerly addressed as 49 Main Street South. The house is now sited on Lot 16 within the Ter-Sky/Caliber Homes plan of subdivision, with access off of James Walker Court. This Site Plan Control Application has been submitted under the new address within the plan of subdivision, which is 29 James Walker Court. The development, marketed under the name “Walker’s Hill on the Rouge,” is a residential enclave of 32 single detached homes, accessed through Reeve Drive and Torrance Road within an older residential neighbourhood to the east.

The existing house is a significant heritage building within the Markham Village Heritage Conservation District

The existing house on Lot 16 is a significant heritage building within the southern portion of the Markham Village Heritage Conservation District. It is known as the Archibald Barker House, built by a leading citizen of old Markham Village circa 1845. The Georgian-style building was designed to house a business establishment in its south half, and a residence in its north half. It is a substantial, two storey brick structure on a fieldstone foundation (see Research Report, Appendix ‘A’).

The heritage house recently served as the sales centre for the Walker’s Hill development

In December, 2004, the applicants entered into a Sales Office Agreement with the Town in order to use the vacant building as sales centre for their development. Up until that point, the house had been vacant, boarded up and a state of deterioration. Its use as a sales centre resulted in the restoration of the exterior and the retrofit of the ground floor interior.

A residential Site Plan Control Application has been submitted

Due to this property’s location in a heritage conservation district, a Site Plan Control Application is required. The Site Plan Control Application was bumped up from delegated staff approval to Development Services Committee approval. The proposal is to relocate the heritage house within its existing lot, moving it back from Main Street a distance of 12.19 metres (40 feet), and build a new, detached two-car garage with driveway access from James Walker Court. The property is zoned for a single detached residence (R9) under By-law 145-78. The subdivision agreement requires that the heritage house be restored and rendered habitable by the owner before the Town will issue the second to last building permit in the subdivision. The applicant has recently submitted a revised site plan drawing for the house and garage.

Relocation of the heritage house is a local issue

The existing setback of the heritage house from Main Street (front wall) is 3.01 metres (9.87 feet). The front porches extend into this area. Circulation of this application has resulted in feedback from Heritage Markham, the Local and Regional Councillors, the Vinegar Hill Ratepayers, the Old Markham Village Ratepayers, the Main Street Markham Committee and the Markham Village Conservancy expressing concerns about the building being moved back from Main Street. The main argument for not moving the building back from Main Street is that in its current location, the building is seen as an obstacle to any future widening of Main Street south of Highway 7.

OPTIONS/ DISCUSSION:

Heritage Markham has reviewed and commented on this issue on three separate occasions

The owners submitted this Site Plan Control Application in 2005. This application involved moving the house back from its current position and constructing a detached garage in the rear yard (visible from Main Street South). At the meeting of October 12, 2005, Heritage Markham did not support the concept of moving the house back from its position close to the street, and this point of view was also expressed by the Ward Councillor, the Markham Village Conservancy and the Main Street Markham Committee. Heritage Section staff noted that the relocation of the house was originally supported by Heritage Markham in 1999. It should be noted that at its meeting of February 14, 2007, Heritage Markham reconsidered its 2005 position based on the fact that attempts to market the building as a residence at its current location have been unsuccessful, and that staff cannot support a commercial use with driveway access onto Main Street South. Heritage Markham now supports the relocation and retention of the Archibald Barker House as proposed by the applicant (see Heritage Markham Extract).

In its current location, the viability and marketability of this heritage building as a residence is in question

The applicants have consistently questioned the viability of this building, if left in situ, for residential purposes based on traffic noise and vibration, and proximity to Main Street South. Their attempts to market this house and property in its current form have resulted in no interested parties. The result is a vacant heritage building that is not a functioning part of the community, with an uncertain future.

A commercial use that would be more conducive to a location close to the road was suggested and explored in detail

In the interest of pursuing a use that would be conducive to a location close to the road and allow the heritage building to remain on its existing foundation, it was suggested by the Ward Councillor that a commercial use could be considered. It was also suggested that the existing driveway on Main Street could remain, with its width enhanced by encroachment on a strip of land intended for a public walkway. Office use or use as a chiropractic clinic were put forward as potential commercial uses. The Zoning and Official Plan designations do not allow for this type of use, and it would be an isolated commercial site embedded in an exclusively residential enclave.

Town staff do not support a commercial use for this property, or allowing the driveway access to remain on this constricted part of Main Street

The applicants were agreeable with the concept of a commercial use on the property and hired a planning consultant to explore the nature of approvals that would be required in order to implement it, including an Official Plan and Zoning By-law Amendment and a Traffic Study. Town staff reviewed this proposal in detail. The applicant followed through with a traffic study to assess the impact of the driveway on traffic on Main Street.

Based on a thorough analysis, Town staff concluded that the conversion of this property to commercial use in this exclusively residential context, and the creation of a commercial driveway onto this constricted portion of Main Street, cannot be supported. The closing of the existing Main Street driveway to the heritage building was a requirement of the planning of this plan of subdivision. When the plan of subdivision was under review in 1999, it was recommended that access to this lot be from an internal road system to limit the impact of the development on this part of Main Street. It was also acknowledged by the Town’s Engineering Department that if the heritage house is moved back from the road, a road widening would be taken off the subject lot as a condition of site plan approval, to be consistent with the widening taken for the rest of the subdivision.

The applicants were advised of Town staff’s position and have subsequently submitted a revised site plan concept for residential use, with a detached garage in the front yard

Correspondence from the planning consultant (Allan N. Windrem) retained by the applicants is attached as Appendix “C.” The correspondence outlines options considered, and the applicant’s current proposal.

Heritage Conservation perspective

As a vacant building, the Archibald Barker House is considered a significant heritage resource at risk. From a heritage conservation policy perspective, the retention of a heritage resource in situ is always the first priority in evaluating a proposal. However, in this particular case, the expectation that the house can be sold to a sympathetic buyer for residential use in its present situation has been tested and proven non-viable. Heritage Markham and Heritage staff are concerned about the need for a marketable and viable use to ensure the long-term preservation of this building.

Preservation of this heritage resource in its current location would not necessarily prevent a future road widening

At this point in time, the future of this portion of Main Street is not known. The widening of Main Street south of Highway 7 was deferred by Council pending completion of the Markham By-Pass and the Ninth Line widening (2006). This section of road is under the jurisdiction of the Town of Markham. A Class Environmental Assessment is planned to begin this year to assess the need for road widening along this portion of Main Street. In a Town report entitled Markham Transportation Planning Study 2002, it was stated:

“Main Street South of Highway 7 already experiences congestion during peak periods, although the extension of Highway 407 and the construction of the Highway 407/Ninth Line interchange has provided some relief. Forecast traffic volumes show the need for a four-lane cross section from Highway 7 to Highway 407 even when the Markham By-Pass is in place. It is recommended that the consideration of widening this section of Main Street be deferred until the Markham By-Pass has been constructed and Ninth Line has been widened. Traffic conditions should continue to be monitored to determine if increasing volume dictates a need to widen the roadway sooner.”

The Town’s Transportation Planning Section acknowledges that traffic volumes are increasing and that this area is constricted. There is a possibility that the Markham By-pass will provide some relief and a road widening may be found not necessary. If it is instead determined at a future date that road widening is necessary and the heritage building must be moved back to accommodate it, the associated costs would then become a public liability.

The retention of the Archibald Barker House in its existing location would not necessarily prevent road widening. The issue of the heritage house location is only one of many factors that would be considered in the evaluation of a proposed road widening. Whether the road is widened or not, this heritage building is already in a hostile environment detrimental to its viability as a functioning component of the community.

Town staff recommend that the site plan be endorsed for approval and that the Site Plan Agreement contain appropriate provisions to preserve the heritage building’s presence on Main Street South

Town staff recommend that the site plan control application for 29 James Walker Court be endorsed for approval subject to the following conditions: