Report to: Development Services Date of Meeting: November 6, 2007

SUBJECT: Intention to Designate under Part IV of the Ontario Heritage Act and Heritage Easement Agreement

Tomlinson House and Store

8953 Woodbine Avenue

Walker and Marchand Holdings Inc.

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

RECOMMENDATION:

That as recommended by Heritage Markham, the Tomlinson House and Store, and Craig Blacksmith Shop– 8953 Woodbine Avenue be approved for designation under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest;

That the Clerk’s Department be authorized to publish and serve Council’s Notice of Intention to Designate as per the requirements of the Ontario Heritage Act;

That if there are no objections to the designation in accordance with the provisions of the Ontario Heritage Act, the Clerk be authorized to place a designation by-law before Council for adoption;

That if there are any objections in accordance with the provisions of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Ontario Conservation Review Board.

THAT the Mayor and Clerk be authorized to execute a Heritage Easement Agreement with the property owner, and any other documents required to give effect thereto, in a form satisfactory to the Town Solicitor.

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

EXECUTIVE SUMMARY:

Not applicable

FINANCIAL CONSIDERATIONS:

Not applicable

1. Purpose 2. Background 3. Discussion 4. Financial 5. Environmental

6. Accessibility 7. Engage ^21st 8. Affected Units 9. Attachment(s)

PURPOSE:

The purpose of this report is to recommend to Council that the “Tomlinson House and Store and Craig Blacksmith Shop” (historical reference) be designated under Part IV of the Ontario Heritage Act, and that the Mayor and Clerk be authorized to execute a Heritage Easement Agreement.

BACKGROUND:

The building is listed on the Town of Markham Inventory of Heritage Buildings

The subject building is located at 8953 Woodbine Avenue, in the Buttonville Heritage Conservation District Study Area. It is included in the Markham Inventory of Heritage Buildings. The inventory provides a register of properties in Markham that are of cultural heritage value and interest.

The Tomlinson House and Store, and Craig Blacksmith Shop, are significant heritage buildings within the historic mill village of Buttonville.

The Jonathan Tomlinson House and Store is of cultural heritage value or interest as a remnant of Buttonville’s early history as a 19^th century mill village. The oldest part of the building is believed to date from c.1851, and according to local tradition functioned as the first store in Buttonville, operated by Jonathan Tomlinson, a shoemaker. From 1856 to 1864, the local post office operated from the premises. The building ceased to function as a store and was enlarged and remodelled in 1893 when it was purchased by William Craig Jr. Craig operated a blacksmith shop at the rear of the lot in a building that was relocated to the property from its original site at the north end of the hamlet.

Architecturally, the building reflects the common local vernacular form of an L-plan dwelling. Its earlier history of combined commercial and residential use cannot be discerned from its current appearance, which reflects its 1893 period of remodelling.

The 1893 stage of this building’s history is well preserved and has been enhanced by the restoration of the vertical tongue and groove siding and the verandah in the ell facing Woodbine Avenue. The blacksmith shop to the east of the house, though altered over time, is a significant remnant of an essential 19^th century business that once operated in the hamlet.

The Statement of Significance- Reasons for Designation is attached as Appendix ‘A’. The applicant is required to enter into a Heritage Easement Agreement as part of the Site Plan Control Agreement with the Town for the new recently approved addition to the building.

The building has been assessed using the Ministry of Culture’s Designation Criteria

The Government of Ontario on January 25, 2006 passed a regulation (O.Reg. 9/16) which prescribes criteria for determining a property’s cultural heritage value or interest for the purpose of designation. Municipal councils are permitted to designate a property to be of cultural heritage value or interest if the property meets the prescribed criteria.

The purpose of the regulation is to provide an objective base for the determination and evaluation of resources of cultural heritage value. The prescribed criteria help ensure the effective, comprehensive and consistent determination of value or interest by all Ontario municipalities. The criteria are essentially a test against which properties can be judged; the stronger the characteristics of the property compared to the standard, the greater the property’s cultural heritage value. The property may be designated if it meets one or more of the criteria.

The subject property has cultural heritage value or interest as it meets the following criteria:

• The property has design value or physical value because it:
• Is a rare, unique, representative or early example of a style, type expression, material or construction method,
• Displays a high degree of craftsmanship or artistic merit,
• The property has historical value or associative value because it:
• Has direct associations with a theme, event, belief, person, activity, organization or institution that is significant to a community;
• Yields, or has the potential to yield, information that contributes to an understanding of a community or culture,
• The property has contextual value because it:
• Is important in defining, maintaining or supporting the character of an area,
• Is physically, functionally, visually or historically linked to its surroundings.

Heritage Markham has recommended designation

The designation process under the Ontario Heritage Act requires a municipal council to consult with its municipal heritage committee when properties are considered for designation. The Reasons for Designation -Statement of Significance related to this heritage resource were reviewed by Heritage Markham on October 12, 2007 through polling of its members and the committee has agreed that the property should be recommended for designation as a property of cultural heritage value or interest (Appendix B).

The building is located within the area of the future Buttonville Heritage Conservation District

The property is in private ownership and used as a business office for an accounting firm. It is located in the historic core of the Buttonville Heritage Conservation District Study Area, in the portion recommended for future designation as a Heritage Conservation District. District designation is in progress, with the Buttonville Heritage Conservation District Plan currently being drafted for review and consultation. Formal designation of the district is not expected until 2008. The property owner requires the individual designation of his property in the interim, to allow him to qualify for the Heritage Property Tax Rebate program.

OPTIONS/ DISCUSSION:

The preservation of the heritage resource is consistent with Town policies

The Town of Markham Official Plan contains Cultural Heritage policies related to the protection and preservation of heritage resources and how they are to be treated within the development process of an area. These policies support the preservation of heritage resources on their original site, and the integration into new development proposals. The designation of this resource will ensure that its heritage attributes are noted and protected.

Provincial planning policies support designation

The Ontario Government’s current Provincial Policy Statement which was issued under Section 3 of the Planning Act and came into effect March 2005 includes cultural heritage policies. These policies indicate that significant built heritage resources and significant cultural heritage landscapes shall be conserved. Designation provides a mechanism to achieve the necessary protection.

The applicant is in agreement with the recommendation to designate

The applicant is aware of and in support of the recommendation to designate the Tomlinson House and Store, and Craig Blacksmith Shop under Part IV of the Ontario Heritage Act.

Designation acknowledges the importance of the heritage resource

Designation signifies to both the owner and the broader community that the property contains a significant resource that is important to the community. Designation doesn’t restrict the use of the property. However, it does require the owner to seek approval for property alterations that are likely to affect the heritage attributes described in the designation by-law. Council can also prevent, rather than just delay, the demolition of a resource on a designated heritage property.

The designation of this cultural heritage resource is supported by staff.

Heritage Easement Agreement is also required

The owner is also required to enter into a Heritage Easement Agreement with the Town as a requirement of a recent Site Plan Control Agreement related to a new addition to the building. The Easement Agreement is also one of the eligibility requirements for participating in the Town’s Heritage Property Tax Reduction Program. The Easement Agreement requires the owner to maintain the dwelling in good condition, obtain Town approval for any exterior alterations, and to maintain insurance coverage on the property. Once executed, the Agreement will be registered against the title of the property (see Appendix ‘C’- Draft By-law).

FINANCIAL TEMPLATE (Separate Attachment):

By-law 2002-276, the Fees and Charges By-law, was amended to eliminate any fees associated with the Heritage Easement Agreements.

ENVIRONMENTAL CONSIDERATIONS:

Not applicable

ACCESSIBILITY CONSIDERATIONS:

Not applicable

ENGAGE 21^ST CONSIDERATIONS:

Heritage designation helps achieve a quality community by recognizing, promoting and protecting heritage resources, which strengthen the sense of community.

BUSINESS UNITS CONSULTED AND AFFECTED:

Acceptance of this recommendation to designate the property located at 8953 Woodbine Avenue under Part IV of the Ontario Heritage Act will require the Clerk’s Department to initiate the following actions:

• publish and serve on the property owner, the Ontario Heritage Trust and the public through 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 property

The Legal Services Department works closely with the Heritage Planning Section to prepare and process Heritage Easement Agreements.

RECOMMENDED BY:

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

ATTACHMENTS:

Figure 1 – Owner/Agent and Location Map

Figure 2- Building Photographs

Appendix ‘A’ – Statement of Significance/ Reasons for Designation

Appendix ‘B’ – Polling of Heritage Markham Members

Appendix ‘C’ – Draft By-law for Heritage Easement Agreement

FILE PATH: Q:\Development\Heritage\PROPERTY\WOODBINE\8953\DSCNov607.doc

Figure 1:

Applicant:

Walker and Marchand Holdings Limited

8953 Woodbine Avenue

Markham ON

L3R 0J9

Tel. (905) 474-4593 ext 112

Fax (905) 474 -5591

Location Map: