Report to: Development Services Committee November 17, 2009

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

Nichols Farmhouse & Louis Nichols House

10519 & 10521 Woodbine Avenue

EMK Construction/Treelawn Construction

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

RECOMMENDATION:

That as recommended by Heritage Markham, the Nichols Farmhouse and the Louis Nichols House – 10519 and 10521 Woodbine Avenue be approved for designation under Part IV of the Ontario Heritage Act as properties 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 enter into Heritage Conservations Easements with the property owner for 10519 and 10521 Woodbine Avenue;

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 “Nichols Farmhouse and the Louis Nichols House” be designated under Part IV of the Ontario Heritage Act, and to authorize the Mayor and Clerk to enter into a Heritage Conservation Easement with the property owner for each of the heritage buildings, as required by the Conditions of Draft Approval for Subdivision 19TM-06007

BACKGROUND:

The buildings are listed on the Town of Markham Register

The subject buildings are located at 10519 and 10521 Woodbine Avenue. They are included in 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 “Nichols Farmhouse and the Louis Nichols House” are heritage buildings in the Cathedral Community Secondary Plan Area (OPA 42)

The Nichols Farmhouse and Louis Nichols House are included on the list of heritage resources in the Cathedral Community Secondary Plan (Official Plan Amendment No.42), which contains policies dealing with the appropriate treatment of heritage buildings within the context of new development.

The Nichols Farmhouse and the Louis Nichols House are a good examples of the American Foursquare style dwellings of the early 20^th century period

The Nichols Farmhouse and the Louis Nichols House, which stand side by side, are red brick, two storey houses dating from the early 20^th century. The Nichols Farmhouse at 10519 Woodbine Avenue, c.1915, incorporates features of a late 1840s farmhouse within its structure. The Louis Nichols House, c.1936, was constructed as a retirement residence for Louis Nichols, a prominent local farmer and school teacher. Both houses are good examples of the American Foursquare style.

The Statement of Significance- Reasons for Designation for each of the buildings is attached as Appendix ‘A’.

The buildings have 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 Nichols Farmhouse has cultural heritage value or interest as it meets the following criteria:

• The property has design value or physical value because it:
• Is an excellent example of the trend of farm improvement and modernization as Markham’s agricultural community prospered with mixed farming and dairy production in the early 20^th century
• Is representative of the spacious, simply detailed farmhouses built in Markham in the first quarter of the 20^th century;
• Is a good example of an American Foursquare style house with Edwardian Classical details.

• The property has historical value or associative value because it:
• Is associated with two prominent local families, the Jennings family (Henry Jennings was a noted stock breeder) and the Nichols family (The Nichols family were prominent land owners, farmers and active members of the Methodist/United Church);
• Is a physical reminder of the agricultural community that once surrounded the hamlet of Victoria Square;

• The property has contextual value because it:
• Is one of several heritage buildings in the vicinity of Victoria Square that remain as tangible reminders of the community’s past as a prosperous agricultural area.

The Louis Nichols House has cultural heritage value or interest as it meets the following criteria:

• The property has design value or physical value because it:
• Is an excellent example of the trend of farm improvement and modernization as Markham’s agricultural community prospered with mixed farming and dairy production in the early 20^th century
• Is representative of the functional, simply detailed houses built in Markham in the first quarter of the 20^th century;
• Is a good example of an American Foursquare style house with Edwardian Classical details, and how this style continued to influence house design well into the 20^th century.
• The property has historical value or associative value because it:
• Is associated with a prominent local family. The Nichols family were prominent land owners, farmers and active members of the Methodist/United Church. Louis Nichols was a public school teacher in several rural Markham Township schools;
• Is a physical reminder of the agricultural community that once surrounded the hamlet of Victoria Square;

• The property has contextual value because it:
• Is one of several heritage buildings in the vicinity of Victoria Square that remain as tangible reminders of the community’s past as a prosperous agricultural area;
• Is associated with the older Nichols Farmhouse next door, serving as the retirement residence for Louis Nichols when his son Cecil assumed the operation of the family farm.

Heritage Markham has recommended designation and heritage easements

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 historical research and heritage attributes related to these heritage resources were reviewed by Heritage Markham on October 14, 2009 and the committee has recommended that the heritage resources be designated as a property of cultural heritage value or interest (see Extract, Appendix ‘B’).

Heritage Markham has also recommended that the houses be protected with Heritage Easement Agreements. Both designation and heritage easements are requirements of the Conditions of Draft Approval for Subdivision 19TM-06007. At this time, the application is Draft Approved and the applicant is working to satisfy the Conditions of Draft Approval in order to move toward registration of the plan of subdivision. The location of the heritage buildings within the Draft Plan is attached as Figure 5.

OPTIONS/ DISCUSSION:

The preservation of the heritage resource is consistent with Town policies

The Town of Markham Official Plan (and the Cathedral Community 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 these resources, and heritage easement agreements, will ensure that their 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 its has been demonstrated that the heritage attributes of the resource will be conserved.

Designation will help facilitate the integration of the resource into 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.

The owner is aware of and supports the intention to designate and heritage easements

The owner is aware of the recommendation for designation and heritage easements and is in support, in order to fulfil the Conditions of Draft Approval for the subdivision.

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 these cultural heritage resources, and additional protection by heritage easements, is supported by staff.

A by-law to approve the heritage easement agreement is required and attached as Appendix ‘C.”

FINANCIAL TEMPLATE (Separate Attachment):

Not applicable

ENVIRONMENTAL CONSIDERATIONS:

Not applicable

ACCESSIBILITY CONSIDERATIONS:

Not applicable

ALIGNMENT WITH STRATEGIC PRIORITIES:

The protection and preservation of heritage resources through heritage designation and heritage easements aligns with Council’s Strategic Priority of Growth Management by facilitating the integration of heritage buildings into new development.

BUSINESS UNITS CONSULTED AND AFFECTED:

Acceptance of this recommendation to designate the properties located at 10519 and 10521 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

With respect to the Heritage Easements, the Legal Department will require Planning staff and the Legal Department to prepare the Heritage Easement Agreements for execution.

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: Aerial Map

Figure 3: Building Photograph: Nichols Farmhouse

Figure 4: Building Photograph: Louis Nichols House

Figure 5: Building Locations within the Draft Plan of Subdivision

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

Appendix ‘B’: Heritage Markham Extract Oct. 14, 2009

Appendix ‘C’: Heritage Easement By-Law

File Path: Q:\Development\Heritage\PROPERTY\WOODBINE\10519\DSCNov1709designation.doc

Figure 1:

Owner: EMK Construction/Treelawn Construction

Agent: Chris Matson

Matson, McConnell Ltd.

2906A Bloor Street West

Toronto ON M8X 1B6 Tel. 416-348-0077

Fax 416-348-0092

Email cmatson@mmland.ca

Location Map