Report to: Development Services Committee Report Date: April 8, 2008

SUBJECT: Heritage Easement Agreement

Milliken Public School

1711509 Ontario Inc.

4600 Steeles Avenue

PREPARED BY: George Duncan, Senior Heritage Planner

RECOMMENDATION:

THAT the Mayor and Clerk be authorized to execute Heritage Easement Agreement with the owner of the former Milliken Public School, a designated heritage building at 4600 Steeles Avenue;

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:

The purpose of this report is to obtain authorization from Council for the execution of Heritage Easement Agreement.

BACKGROUND:

The former Milliken Public School is designated under the Ontario Heritage Act

The former Milliken Public School, a Collegiate Gothic-style institutional building constructed in 1929, was designated under Part IV of the Ontario Heritage Act in 2004 (By-law 2004-294). It is one of most significant heritage buildings remaining in the Milliken Community.

The façade of the heritage building will be incorporated into a new mixed use building at 4600 Steeles Avenue

The façade and portions of the sidewalls of the heritage building will be preserved and incorporated into a new mixed use building in the Milliken Centre Phase 1 development, currently under review by the Town. The developer is the Milliken Capital and Development Group. The modernized windows that presently exist on the building will be removed as part of the proposal, and replacement windows will be installed that reflect the original 1929 design. This concept was reviewed and recommended for approval by Heritage Markham in 2006.

Heritage Markham supports the Heritage Easement

Section 37(1) of the Ontario Heritage Act gives the Council of a municipality the authority to pass by-laws providing for the entering into of easements or covenants with property owners for the conservation of property of cultural heritage value or interest, after consultation with its municipal heritage committee. Heritage Markham was consulted at its meeting on March 12, 2008 and supports the proposed Heritage Easement Agreement.

The Heritage Easement Agreement identifies the property’s cultural attributes.

The Heritage Easement Agreement contains a description of the historical, architectural and contextual cultural heritage values of the property and a list of all significant heritage attributes to be conserved. This description recognizes that the front façade and portions of the sidewalls will be retained within the context of the redevelopment of the property, and that the windows will be restored to their original design. This description, called the “Reasons for Identification,” is attached as Appendix “A.”

Essentially, a Heritage Easement Agreement requires the owner to maintain the building, obtain Town approval for any demolition or exterior alterations, and to maintain insurance coverage on the property. The Easement Agreement, once executed, is registered against the title of the property.

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

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

ENVIRONMENTAL CONSIDERATIONS:

Not applicable

ACCESSIBILITY CONSIDERATIONS:

Not applicable

ENGAGE 21^ST CONSIDERATIONS:

Heritage preservation contributes to “Quality Community.”

BUSINESS UNITS CONSULTED AND AFFECTED:

The Legal Services Department works 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: Appendix “A” – Reasons for Identification

FILE PATH: Q:\Development\Heritage\PROPERTY\STEELES\4600\DSCApril808.doc