Report to: Development Services Committee                              Report Date: January 15, 2008

 

 

SUBJECT:                          Withdrawal of Objection to Designation of 10225-10227 Kennedy Road, Markham

PREPARED BY:               Peter Wokral, Heritage Planner, ext. 7955

 

 

 

RECOMMENDATION:

That Council proceed with the designation of the Homer Wilson Farmhouse, the J.P Carr Cottage and the Pingel Farm Cemetery, located at 10225-10227 Kennedy Road under Part IV of the Ontario Heritage Act.

 

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

 

EXECUTIVE SUMMARY:

Not applicable

 

 

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

 

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

 

PURPOSE:

To complete the designation of the Homer Wilson Farmhouse, the J.P. Carr Cottage and the Pingel Farm Cemetery located at 10225-10227 Kenndy Road under Part IV of the Ontario Heritage Act.

 

BACKGROUND:

The Homer Wilson Farmhouse and J.P. Carr Cottage were threatened with demolition

In July of 2005, the Town received a demolition permit application from Fieldgate Developments for two houses located at 10225-10227 Kennedy Road.  This included the Homer Wilson Farmhouse and the J.P. Carr Cottage.  The Homer Wilson Farmhouse constructed circa 1900 had been listed on the Markham Inventory of Heritage Buildings since 1982, while the J.P. Carr Cottage constructed circa 1950, and the Pingel Farm Cemetery were not.  Heritage Section Staff and Heritage Markham did not support the proposed demolition of these structures and recommended that Council designate the three cultural heritage resources under Part IV of the Ontario Heritage Act.

 

Council gave notice of its Intention to Designate the Homer Wilson House, the J.P. Carr Cottage, and the Pingel Farm Cemetery

Based on a designation report prepared by Heritage Staff, as well as a Group 1 evaluation of the two houses located at 10225-10227 Kennedy Road, Council decided to proceed with the designation of the Homer Wilson House, the J.P. Carr Cottage, and the Pingel Farm Cemetery under Part IV of the Ontario HeritageAct in order to preserve and protect these cultural heritage resources.

 

 

 

Fieldgate Developments objected to the proposed designation

In November of 2005, Fieldgate Developments provided a Notice of Objection to the Town’s proposed designation of the Homer Wilson House, the J.P. Carr Cottage and the Pingel Farm Cemetery citing that there was not sufficient cultural heritage value and that the reasons for designation were too broad.  Fieldgate Developments indicated that they had no objection to the designation of the Homer Wilson House and the Pingel Farm Cemetery, but that they did not see the significance of the J.P. Carr Cottage or how it could be potentially incorporated to their planned development of the property.  (See Appendix A)

 

As per the requirements of the Ontario Heritage Act, the matter was referred to the Conservation Review Board.  The Conservation Review Board hears appeals to heritage designations and provides municipal councils with a recommendation as to whether or not a property should be designated.  Their decision, unlike the Ontario Municipal Board, is a recommendation only, as a council may still decide to designate a property contrary to the Conservation Review Board’s opinion.

 

A Conservation Review Board hearing was scheduled

The Town participated in several pre-conference hearings scheduled by the Conservation Review Board to try to resolve issues surrounding the Town’s intention to designate the three heritage resources.  In an effort to persuade Fieldgate Developments to withdraw their objection to the Town’s proposed designation, the Director of Planning & Urban Design provided Fieldgate Developments with the letter attached as (Appendix B)  The letter highlights heritage policies contained in the Official Plan and the process that the Town would apply to protect the heritage resources (including possible relocation onsite) if and when the lands are ever authorized by the Town for development.

 

Fieldgate Developments has withdrawn its objection to the proposed designation of the property

Fieldgate Developments has now withdrawn its objection to the Town’s proposed designation of the Homer Wilson House, the J.P. Carr Cottage and the Pingel Farm Cemetery under Part IV of the Ontario Heritage Act.  (See Appendix C).

 

OPTIONS/ DISCUSSION:

Designation should proceed

Now that Fieldgate Developments has withdrawn its objection to the designation of the three heritage resources located at 10225-10227 Kennedy Road, the Town should proceed with its intended designation under Part IV of the Ontario Heritage Act as per section 32 (22).  (The By-law including a revised Statement of Significance indicating the changes is attached as Appendix D).

 

 

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

“Not Applicable”

 

 

ENVIRONMENTAL CONSIDERATIONS:

“Not Applicable”

 

 

ACCESSIBILITY CONSIDERATIONS:

“Not Applicable”

 

ENGAGE 21ST CONSIDERATIONS:

The protection of cultural heritage resources helps achieve a quality community by ensuring the Town of Markham’s historical buildings remain part of the fabric of the Town, strengthening the sense of community.

 

 

BUSINESS UNITS CONSULTED AND AFFECTED:

This report has been reviewed by the Town Solicitor

 

 

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:                     Property Owner & Location Map

Figure 2:                     Photographs of the Heritage Resources

Appendix “A”:            Council’s Intention to Designate 10225-10227 Kennedy Road under Part IV of the Ontario Heritage Act

Appendix “B”             Letter sent to Fieldgate Developments by the Director of Planning

Appendix “C”             Fieldgate Development’s letter of withdrawal of objection to the designation

Appendix “D”             By-law and Revised Statement of Significance for the 3 Cultural Heritage Resources located at 10225-10277 Kennedy Road

 

 

 

 

 

 

 

Filepath:

Q:\Development\Heritage\PROPERTY\KENNEDY\10225\January 15 2008 DSC Report.doc

 

 

FIGURE: 1

 

OWNER:                   Major Kennedy Developments

                                  5400 Yonge St.

                                  Suite 501

                                  Toronto, ON

                                  M2N 5R5

 

AGENT:                    Michael McLean

                                  (416) 227-9005

                                  (416) 227-9007

 

LOCATION MAP: