Report to: Development Services Committee Report Date:
SUBJECT: Recommendation Report
- Section 34 of the
Aryeh Construction Ltd.
PREPARED BY: Regan Hutcheson, Manager, Heritage Planning, ext. 2080
RECOMMENDATION:
1)
That the report entitled “Recommendation
Report - Section 34 of the Ontario
2) That nothing in this report should be construed as support for the appropriateness of the built form or density of development being proposed by Aryeh Construction Ltd in their applications for official plan and zoning by-law amendments, which are currently before the Ontario Municipal Board;
3) That Council consent to the application under Section 34 of the Ontario Heritage Act, subject to the following conditions:
a.
the owner comply with all six
recommendations of the
b. the owner immediately secure the heritage resource in accordance with municipal and heritage standards (boarding, fencing, signage) to prevent further vandalism and deterioration, and inspect the property on a regular basis to ensure the heritage resource remains protected;
c.
within 30 days of Council
approval, the owner enter into a
d.
the owner prepare a strategy
and plan for the conservation of the heritage resource to be undertaken by a
qualified conservation architect, with the strategy being approved by the
Manager of
e.
the owner secure and protect
the heritage resource during the temporary relocation, storage phase and
restoration process, and provide a
f.
the ultimate location of the
relocated heritage resource on Block C of the applicant’s draft plan of
subdivision (19TM-06015) be determined as part of site plan control approval
(pursuant to Section 41 of the
g. the conditions pertaining to the heritage resource (relocation, protection, restoration and provision of financial securities) be included in both the conditions of draft plan approval (in respect to 19TM-06015) and site plan agreement for the site;
4)
And that Staff be authorized
and directed to do all things necessary to give effect to this resolution.
PURPOSE:
The purpose of
this report is to recommend approval of the future relocation and partial
demolition of the historic Sheridan-Paterson Farm House located at
BACKGROUND:
The heritage building is protected under the Ontario
Heritage Act
The
property at
The Markham Centre Secondary Plan (Official Plan Amendment No. 21)
contains policies regarding
A current
development proposal would impact the heritage resource
The owner of the property, Aryeh Construction Ltd, has applied to the
Town for amendments to the Official Plan and zoning by-law and made application
for draft plan of subdivision which contemplates relocation of the heritage
structure to allow the excavation and comprehensive redevelopment of the
property. A conceptual site plan and
perspective drawing are attached as Figures 2 and 3, which illustrates the relocated
structure between two multi-storey residential buildings.
Planning applications
have been appealed to the
The planning applications have been appealed to the Ontario Municipal Board (OMB). The applicant has submitted a letter requesting a Council resolution on the heritage aspects of the overall proposal as the applicant is scheduled to be at the OMB in May 2010 and if necessary would consolidate any heritage appeal with the development matters.
A heritage
impact assessment has been prepared
The applicant has commissioned a
The consultant is recommending that the heritage house be preserved,
restored and integrated into the proposed development by relocating it to a
site closer to
- Secure the building against vandalism
- Require a conservation strategy and plan for the heritage building
- Require a landscape plan appropriate to the history of the building and to mitigate some of the visual impact of the new development
- Require a design treatment for the west point towers of Buildings B and C that would mitigate some of their visual impact
- Require erection of a heritage plaque
- Amend the designation by-law to
include heritage attributes of the building’s interior.
Heritage
The Heritage
Markham committee has reviewed this proposal and the Heritage Impact Assessment
and is supportive of the proposed preservation option subject to certain
conditions (see Heritage Markham Extract from
OPTIONS/ DISCUSSION:
Heritage Act application for relocation/partial
demolition is time sensitive
As this is a
formal request for relocation and partial demolition pursuant to section 34 of the
Ontario
The built form and density of the redevelopment
proposal is a separate issue
It should be noted that nothing in this report relates to the appropriateness of the built form or density being proposed by Aryeh Construction Ltd in their applications for official plan and zoning by-law amendments. The commentary in this report specifically addresses the incorporation of a significant heritage resource within a future redevelopment of the subject property.
Retention of the heritage building on the development
site is proposed
Typically, as per
the Official Plan heritage policies, the Town strives to maintain heritage
buildings on their original sites or if this is not feasible or practical, we
explore retention on the development site.
The second option is being proposed by the applicant. Given the planning vision for the subject
land, the current placement of the house and the proposed redevelopment
scenario including excavation of the entire site for underground parking,
relocation of the heritage building on the development site appears to be a practical
option. Due to the proposed extent of
site redevelopment including underground parking, it appears it will be
necessary to temporarily relocate the building off site. According to the applicant, it is their
intention “to phase this
development by proceeding firstly with the development of the south block and
to explore opportunities to temporary relocate the Heritage House on north
block if necessary, for a period of approximately 2 years.” The future use of the heritage building is to
be determined in the context of the Planning Act applications.
The rear tail addition of the
house is proposed to be removed.
The Heritage Impact Assessment recommends that the original one storey
kitchen wing at the rear of the house, compromised by later additions but
protected in the heritage designation by-law, be removed and replicated in the
new location. Staff and Heritage Markham
have no objection given its condition and modern alterations which have occurred.
The application for relocation/partial demolition can
be supported subject to conditions
The relocation on the development site and demolition of the rear tail is supported as part of a future development proposal subject to specific conditions. Both Heritage Markham and the applicant are supportive of the specific conditions:
Recommendations
of the Heritage Impact Assessment
The owner is to comply
with all six of the recommendations of the
Protection
from Vandalism and Deterioration
The owner is to
immediately secure the heritage building in accordance with municipal and
heritage standards (proper boarding, fencing and signage) to prevent further
vandalism and deterioration, and inspect the property on a regular basis to
ensure the building remains secured.
This requirement is to be secured through a
Restoration
Strategy
The owner is to
prepare a strategy and plan for the conservation of the heritage resource to be
undertaken by a conservation architect subject to the approval by the Manager
of
Heritage
Letter of Credit
The heritage building is to be protected during the temporary relocation, storage phase and restoration process. A Letter of Credit in the amount of $100,000 is to be provided to secure the owner’s compliance with this requirement..
Final Location
of Building
The ultimate location of the relocated heritage building on Block C of the draft plan of subdivision (19TM06015) is to be determined as part of site plan approval (pursuant to Section 41 of the Planning Act).
Heritage and
Planning Agreements
The conditions pertaining to the heritage resource (relocation, protection, restoration and financial securities) are all to be included as conditions of draft subdivision approval and the future site plan agreement for the site.
FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)
Not applicable
HUMAN RESOURCES CONSIDERATIONS
Not applicable
ALIGNMENT WITH STRATEGIC PRIORITIES:
The report aligns
with the strategic priority of ensuring that
BUSINESS UNITS CONSULTED AND AFFECTED:
Legal
Department and the Heritage
RECOMMENDED BY:
____________________________ ______________________________
Biju Karumanchery, M.C.I.P., R.P.P. Jim Baird, M.C.I.P.,
R.P.P.
Senior Development Manager Commissioner
of Development Services.
ATTACHMENTS:
Figure 1 Applicant/Agent and Location Map
Figure 2 Conceptual Site Plan
Figure 3 Conceptual Perspective Drawing
Appendix A Heritage
Appendix B Photograph
Q:\Development\Heritage\PROPERTY\WARDEN\8303\DSC
Report March 23 2010.DOC
FIGURE 1
DOCUMENT: Q:\Development\Heritage\PROPERTY\WARDEN\8303\DSC
Report March 23 2010.DOC
OWNER: Aryeh Construction Ltd.
AGENT: Townsend
and Associates
Barristers and Solicitors
c/o Lynda Townsend
Peter Swinton
PMG Planning Consultants
LOCATION: