Report to: Development Services Committee                            Report Date: October 20, 2009

 

 

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

                                            93 Old Kennedy Road

                                            East side of Old Kennedy Road, north of Steeles Avenue

                                            Logos Baptist Church, Milliken

 

PREPARED BY:               Peter Wokral, Heritage Planner ext. 7955

 

 

 

RECOMMENDATION:

 

1)      That as recommended by Heritage Markham, 93 Old Kennedy Road be approved for designation under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest;

 

2)      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;

 

3)      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;

 

4)      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;

 

5)      That Demolition Permit application 09 123709 000 00 ND requesting the demolition of the house at 93 Old Kennedy Road be refused;

 

6)      That Demolition Permit application 09 123709 000 00 ND requesting the demolition of the accessory buildings at 93 Old Kennedy Road be approved;

 

7)      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 (HR, Strategic, Affected Units)                                   6. Attachment(s)

 

PURPOSE:

The purpose of this report is to recommend to Council that 93 Old Kennedy Road be designated under Part IV of the Ontario Heritage Act  to prevent its demolition and facilitate its integration into any future development of the subject property.

 

 

 

 

BACKGROUND:

Staff has received a demolition permit for 93 Old Kennedy Road

The owners of 93 Old Kennedy Road have submitted a demolition permit application to the Town requesting permission to demolish both the house and the accessory buildings located on the subject property. In 2009, the owners of the property submitted a Minor Variance Application seeking to permit a temporary off site parking lot for the Toronto Chinese Logos Baptist Church which is located at 133 Old Kennedy Road.  The variance was approved on conditions that included the applicants entering into a Site Plan Agreement for the temporary parking lot which would also provide for the retention of the heritage house.   The owners of the property subsequently appealed the Committee of Adjustment decision to the Ontario Municipal Board.  A hearing date has been set for November 3rd and 4th 2009.

 

The building is listed on the Town of Markham Register

The house located at 93 Old Kennedy Road is included on the Markham Register of Property of Cultural Heritage Value or Interest.  The Register is the Town’s inventory of non-designated properties identified as having cultural heritage value or interest, Part IV properties (individual designations) and Part V properties (district designation). 

 

The 93 Old Kennedy Road is a heritage resource identified in the Milliken Main Street Secondary Plan Area

93 Old Kennedy Road is included on the list of heritage resources in the Milliken Main Street Secondary Plan (Official Plan Amendment No. 144), which contains policies dealing with the appropriate treatment of heritage buildings within the context of new development.  (See Appendix ‘A’ for a list of heritage resources contained within that area)

 

93 Old Kennedy Road is a good example of a vernacular style dwelling of the 1920’s period exhibiting features of Edwardian Classicism architecture

The subject house is a one and a half storey building clad in narrow clapboard with a simple gabled roof facing the road.  The house exhibits Edwardian Classicism details in the previously open veranda that features squat square columns atop brick piers.  The house retains many original features including its exterior clapboard cladding, wooden windows, dormer and veranda.  The house is representative of the solidly built modest homes of the early 20th century associated with the early suburbanization of Markham.

 

The Statement of Significance- Reasons for Designation are being prepared by Heritage Section Staff.

 

The building has been evaluated using the Town’s heritage evaluation system

The building has been evaluated by Heritage Markham and staff using the Town’s Heritage Building Evaluation System. 

 

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 example of an early 20th century vernacular frame house with Edwardian Classicism design features and it represents the first truly modern built homes of Markham that were designed to incorporate indoor mechanical systems such as plumbing, electricity and heating.

 

  • The property has historical value or associative value because it:
    • Has direct associations with the theme of early suburbanization, when the increasingly widespread use of automobiles permitted people to live in semi-rural settings further removed from their workplace. This type of housing represents the first wave of a form of development that would come to dominate the last half of the 20th century.
    • Yields information and an understanding of Canadian culture in the decades between the First and Second World War.   The house at 93 Old Kennedy Road was built only a few years after the end of the First World War, which to many historians was the event that ushered in the modern age.  The subject house reflects this new age by embracing recognizable modern building techniques and amenities while its architectural skin harkens back to a pre-industrialized age of craftsmanship and tradition. 

 

  • The property has contextual value because it:
    • Is important in defining the former character of Milliken which originally began as an idealized suburban community close to the city of Toronto but far enough removed from its crowds, traffic and pollution.  93 Old Kennedy Road, and a cluster of other homes constructed in the same era represent the only visible heritage resources in an area where many of the earlier 19th century heritage resources have been lost.  These homes are physically, functionally and historically linked to the surroundings and the community.

 

The Architectural Review Sub-Committee of 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 heritage attributes related to this heritage resource were reviewed by members of Heritage Markham’s Architectural Review Sub-Committee on September 28th 2009 and the committee recommended that the resource be designated as a property of cultural heritage value or interest.  Heritage Markham will review the historical research and recommendations of the Architectural Review Sub-Committee at their October 14, 2009 meeting.

 

OPTIONS/ DISCUSSION:

The preservation of this heritage resource is consistent with Town policies

 

The Town of Markham Official Plan (and the Milliken Main Street Secondary Plan) contain 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 addressed 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 policies further indicate that development and site alteration may be permitted on adjacent lands to protected heritage property where the proposed development has been evaluated and it has been demonstrated that the heritage attributes of the resource will be conserved.

 

Designation will help facilitate the integration of the resource into area development through the planning process

Heritage designation will strengthen the Town’s ability to provide for the appropriate integration of the heritage resource into development proposals.  It will enhance the resource’s status during changes in ownership and offer protection from potential alterations that may affect the heritage attributes and value.

 

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.

 

93 Old Kennedy Road will be permanently lost if it is not designated under the Ontario Heritage Act.

For properties listed on the Markham Register of Property of Cultural Heritage Value or Interest where Council has not passed a resolution indicating an intention to designate, such as 93 Old Kennedy Road, the procedure outlined in Section 27(3) of the Act will be followed.  As a listed property, the demolition request must be addressed by Markham Council within 60 days of the Notice of Receipt of Request/Application to Demolish.  The Notice of Receipt of Request was given on September 15, 2009, so Markham Council must address Heritage Markham’s recommendation before November 14, 2009.

 

 

FINANCIAL CONSIDERATIONS AND TEMPLATE:

Not Applicable

 

HUMAN RESOURCES CONSIDERATIONS

Not Applicable

 

ALIGNMENT WITH STRATEGIC PRIORITIES:

This staff report aligns with the Corporate strategic priority of Growth Management by supporting the recognition of a significant cultural heritage property within the context of growth and development in the Town of Markham.

 

BUSINESS UNITS CONSULTED AND AFFECTED:

Acceptance of this recommendation to designate the properties located at 93 Old Kennedy Road 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

 

 

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 – 93 Old Kennedy Road Owner/Agent and Location Map

Figure 2- Aerial Map

Figure 3- 93 Old Kennedy Building Photographs

 

Appendix ‘A’ – List of Heritage Resources in the Milliken Main Street Secondary Plan

 

 

Q:\Development\Heritage\PROPERTY\OLDKNNDY\93\Designation Report 93 Old Kennedy.doc