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

 

 

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

                                            The James Rattle House, 73 Old Kennedy Road

                                            East side of Old  Kennedy Road, north of Steeles Avenue

                                            Main Street Milliken Area

 

PREPARED BY:               Peter Wokral, Heritage Planner ext. 7955

 

 

 

RECOMMENDATION:

 

1)      That as recommended by Heritage Markham, the James Rattle House – 73 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 123178 000 00 DP requesting the demolition of the house at 73 Old Kennedy Road be refused;

 

6)      That Demolition Permit application 09 123178 000 00 DP requesting the demolition of the accessory building at 73 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 the “James Rattle House” 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 the James Rattle House

The owner of 73 Old Kennedy Road has submitted a demolition permit application to the Town requesting permission to demolish both the James Rattle house and the accessory building located on the subject property. There is no current re-development proposal for the property.  The owner has only submitted the demolition permit application to determine if the Town will support demolition of the existing structures before considering selling the property for re-development.

 

The subject property currently provides an office and outdoor storage for a landscape contracting business

The Milliken Main Street Secondary Plan has designated the subject property as a Main St. Commercial precinct which is intended to act as a community focus area containing a mix of flexible uses including shops, cafes, restaurants, offices, live/work arrangements and residences. The owner is concerned that the current outdoor storage use of the property is not consistent with the planned uses of adjacent properties and that he will be forced to move his business to prevent future conflict with neighbouring property owners, as those properties redevelop.

 

The building is listed on the Town of Markham Register

73 Old Kennedy Road (James Rattle House), 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 “The James Rattle House” is a heritage building in the Milliken Main Street Secondary Plan Area

The James Rattle House 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)

 

The James Rattle House is a good example of an Arts and Crafts Bungalow style dwelling of the pre-World War II period

The James Rattle House is a one storey dwelling exhibiting features of early 20th century Arts and Crafts Bungalow style architecture.  The house has a hipped roof and a hipped dormer that provides light to the attic.  The house is clad in period rug brick and retains most of its original wooden windows.  The house is also surrounded by thee significant and healthy specimen trees that were likely planted shortly after the construction of the house in 1930.

 

The Statement of Significance- Reasons for Designation is being drafted by the Heritage Planning Section.

 

 

 

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 representative of the early 20th century Arts & Crafts Bungalow Style.  The house was also built with modern construction methods including poured concrete foundations and was designed from the outset to incorporate early modern conveniences such as indoor 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 between the First and Second World War.   The James Rattle house was built 11 years after the close of the First World War, which to many historians was the event that ushered in the modern age.  The James Rattle 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 James Rattle house’s modest size and design is also indicative of the economic conditions that followed the First World War when Canada and its Allies, although victorious, had gone into serious debt to achieve victory.   The modest size of the James Rattle House may also be due to the fact that it was constructed at the beginning of the Great Depression of the 1930’s.

 

  • 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.  73 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.

 

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 Heritage Markham on September 9th 2009 and September 28th 2009 and the committee has recommended that the resource be designated as a property of cultural heritage value or interest.

 

OPTIONS/ DISCUSSION:

The preservation of heritage resources 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.  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 redevelopment 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.

 

The James Rattle House will be permanently lost if it is not designated under the Ontario Heritage Act.

For properties such as the James Rattle House, 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 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 10, 2009, so Markham Council must address Heritage Markham’s recommendation before November 9, 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 73 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 - 73 Old Kennedy Road Owner/Agent and Location Map

Figure 2 - Aerial Map

Figure 3 - 73 Old Kennedy Building Photographs

 

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

 

 

 

 

Q:\Development\Heritage\PROPERTY\OLDKNNDY\73\Designation Report 73 Old Kennedy.doc