RECOMMENDATION:
That Heritage Markham’s recommendation to designate
the James Dimma House at 7933 14th Avenue under Part IV of the Ontario
Heritage Act be approved;
And that the Clerks Department be authorized to:
·
publish
and serve Council’s Notice of Intention to Designate as per the requirements of
the Act; and
·
prepare
the Designation By-law for this property.
And that the Province of Ontario
be requested to enter into a heritage conservation easement agreement with the
Town prior to the transfer of the property from Provincial ownership;
And that the Province of
Ontario/Toronto Region Conservation Authority (TRCA) be requested to maintain
the James Dimma House at 7933 14th Avenue in a good and sound condition;
And further that the Province,
the TRCA and the Rouge Alliance be so advised.
PURPOSE:
To recommend to
Council that the James
Dimma House at 7933 14th Avenue be
designated under Part IV of the Ontario Heritage Act, and the Ontario
Realty Corporation (ORC) enter into a heritage easement.
BACKGROUND:
Heritage building is located on the subject
lands
The
property on the south side of 14th Avenue, east of Reesor Road,
owned by the Province of Ontario contains a heritage building known as the James Dimma
House, at 7933 14th Avenue.
The property forms part of the Cedar Grove Community and is listed on
the Markham Inventory of Heritage Buildings.
Property is located within the future Rouge
Park
The
property at 7933 14th Avenue is located within the area of the Rouge
North Management Plan identified as part of the Little Rouge Creek
corridor. In order to facilitate the
establishment of this park and the protection of the Little Rouge, the ORC has
announced it will be transferring the lands located within the park boundary to
the Toronto and Region Conservation Authority.
Rouge North Management Plan advocates
against the loss of heritage resources
The Rouge
North Management Plan provides for the protection and integration of
significant archaeological and heritage resources. It further recommends that “all works of public agencies consider
their impacts upon built heritage resources and cultural landscape with a
presumption against any work which would detrimentally affect a valued
built heritage resource, cultural landscape or its attributes”.
Heritage Staff and Heritage Markham were
asked for input on sale of properties for Rouge Park Purposes
On
February 15, 2001, Town (Heritage Section) staff were contacted with respect to
properties owned by the ORC which were in the process of being transferred out
of provincial ownership to be incorporated into the future Rouge Park. The consultant for the ORC inquired as to
whether buildings located on the properties were considered significant and
whether the transfer of the lands out of Provincial ownership would affect the
heritage aspect of these properties. Town (Heritage Section) staff identified
the property at 7933 14th Avenue as being listed on the Markham
Inventory of Heritage Buildings, indicating its heritage significance to the
Town.
Province was requested to allow designation
and enter into conservation easements prior to sale
Town
(Heritage Section) staff forwarded a letter to the consultant for ORC
requesting that, prior to the transfer of the lands from the protection
afforded by provincial ownership, that the Province allow the Town to designate
the significant heritage properties located within the future Rouge Park under
Part IV of the Ontario Heritage Act and to enter into heritage conservation
easements with the Town. Town (Heritage
Section) staff further advised the ORC that those properties, which the Town
considers to be of heritage significance, should be maintained and occupied by
appropriate uses.
Conservation Authority and Rouge Park staff
identified four buildings of potential concern
The
subject lands currently remain under the ownership of the Province of Ontario;
however, the Town has been engaged in discussions with the future owners
concerning the status of heritage resources on the lands. In 2002, the staff of
the Toronto and Region Conservation Authority contacted Town (Heritage Section)
staff with respect to four heritage properties. The TRCA was concerned about the expenditures required for
necessary maintenance and hoped town staff could assist in determination of the
local significance of the properties as justification for the investment, so
that the buildings could be rented or used for other Rouge Park purposes. The four buildings included:
- The
Locust Hill School House- 8949 Reesor Road – designated under Part IV of
the Ontario Heritage Act
- The
James Dimma House – 7933 14th Avenue
- Tanglewood
– 7218 Reesor Road
- 8135
McCowan Road
Heritage
Markham Assessed and Evaluated the Buildings – Dima House is to be preserved
At the request of the TRCA, Heritage Markham
assessed the four dwellings. Heritage
Markham found that while efforts should be made to incorporate all four
buildings in the park, it would not object to the removal of the fire-damaged
building at 8135 McCowan Road. It
recommended that the property at 7218 Reesor Road be securely boarded and
protected and that the buildings at 8949 Reesor Road and 7933 14th
Avenue should be retained on-site and tenanted. With respect to 7933 14th Avenue, Heritage Markham
recommended that further research and evaluation be undertaken on the property
to determine its potential for designation.
As part of its research
on the property, members of Heritage Markham and Town staff conducted a site
visit to the property on August 16, 2002.
The building was subsequently evaluated by the committee according to the
Heritage Building Evaluation System (approved by Council in 1991). The building was rated as a Group 1 (of
major significance and importance, worthy of designation”).
Heritage Markham, at
its meeting on September 11, 2002 recommended that The James Dimma House be
designated under Part IV of the Ontario Heritage Act (Appendix ‘A’) and that Town (Heritage Section) staff explore the
possibility of obtaining Heritage Conservation Easement agreements with the
Province of Ontario prior to the sale of these lands by the ORC. Heritage Conservation Easement agreements
provide the municipality the strongest protection available for heritage
resources and permit the municipality to require that the property be
maintained.
James Dimma House
is a significant heritage building
The James Dimma House is listed on the Markham
Inventory of Heritage Buildings.
The house is a good example of a vernacular farmhouse from the early to
mid 19th Century built for prominent members of the Cedar Grove
community. The house exhibits influence
of the Georgian Style. An outline of
the heritage attributes of the building in support of its designation is
included in the Heritage Designation Report, which is attached as Appendix ‘B’.
It is recommended that the house be
designated under the Heritage Act.
Transfer of lands from crown ownership is imminent – Designation would
protect resource
Since
the owner is currently the Crown, it is not formally bound by the Ontario
Heritage Act; however, the Province must adhere to its own internal
protocols and work with municipalities with respect to the preservation of
identified heritage resources. Once the
property is transferred out of provincial ownership, the Ontario Heritage Act
would provide the Town with a means to ensure that this heritage resource is
protected.
Designation would provide improved
protection of the resource
Although the Crown is exempt from the provisions of the Ontario
Heritage Act, it is the opinion of Town (Heritage and Legal Department)
staff that the proactive designation of the James Dimma House would provide the
following improved protection to the resource:
1.
The Ontario Realty Corporation
(ORC) protocols are more stringent with respect to designated properties under
its ownership. If designated, the
building may be more likely to be retained and to qualify for any available
financial assistance from the Province with respect to heritage
preservation.
2.
The designation of the building
would provide a clear indication to ORC and any other interested parties that
the building is of heritage value.
Designation would also provide the building with all legal protection
under the Ontario Heritage Act and would provide a clear indication that
it is the desire of the municipality that the building be preserved.
3.
The designation of the building
under the Ontario Heritage Act at this point in time would give the
structure immediate and ongoing protection upon the transfer of the lands out
of provincial ownership to the TRCA to form part of the TRCA’s Rouge Park
holdings.
In view of the threat posed by
the vacancy of the building and that Provincial heritage protocols are more
stringent with respect to designated structures, staff concurs with the
Heritage Markham recommendation that the property be designated under Part IV
of the Ontario Heritage Act.
Province of Ontario has been notified of
proposed designation
On September 20, 2002, Town (Heritage Section) staff notified the
Province of Ontario in writing of the recommendation by Heritage Markham to
designate the James Dimma House at 7933 14th Avenue under Part IV of the Ontario
Heritage Act. The Province was also informed that a report on the proposed
designation would be considered by Development Services Committee and by
Council.
Town (Heritage Section) staff has not received any objection from the
owner to the designation of the James Dimma House under Part IV of the Ontario
Heritage Act, nor has staff
received a response to our request for a heritage conservation
easement. ORC staff are encouraged to
contact staff of the Ontario Ministry of Tourism, Culture and Recreation to
discuss the merit of the municipal requests for designation, heritage easement
and maintenance of the heritage structures.
FINANCIAL CONSIDERATIONS:
No financial implications are to be
considered in this report
BUSINESS UNITS CONSULTED AND AFFECTED:
Action
required by Clerks Department
Should Council concur with the recommendation
to designate the James Dimma House at 7933 14th
Avenue, the Clerks Department should be authorized to:
·
publish
and serve on the property owners, the Ontario Heritage Foundation and the
public through a 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 at 7933 14th Avenue.
TRCA and Rouge
Alliance Should be Advised
Given that the ORC is proposing to transfer the property to TRCA for
Rouge Park purposes, the TRCA and the Rouge Alliance should be advised of the
Town’s interest in protecting this heritage resource.
ATTACHMENTS:
Figure 1 - Applicant/Agent +
Location Map
Figure 2 – Aerial Photograph
– James Dimma House
Appendix ‘A’ - Extract from Heritage Markham Committee
September 11, 2002 concerning
designation of the
James Dimma House
Appendix ‘B’ - Designation Proposal
The James Dimma House
7933 14th Avenue
Markham, ON
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Valerie Shuttleworth, M.C.I.P., R.P.P.
Director of Planning and Urban Design
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Jim Baird, M.C.I.P., R.P.P.
Commissioner of Development Services
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FIGURE 1
Document #: Q:\Development\Heritage\PROPERTY\FOURTNTH\7933\pms0325.doc
OWNER: Barb
Davies
Natural and Cultural Heritage
Program Manager
Rouge Park
40
Bloomington Road West Telephone
#: 1- (905) 713-6022
Aurora,
ON L4G 3G8 Fax #: 1-(905)
713-6028
Gary Pringle
Environmental Assessment
Co-ordinator
Ontario Realty Corporation
Ferguson Block, 11th
Floor
77
Wellesley Street West Telephone
# (416)-327-2755
Toronto,
ON M7A 2G3 Fax #: (416)
212-1131
Ron
Dewell
Toronto and Region
Conservation Authority
5 Shoreham Drive Telephone #: (416) 661-6600
North York, ON M3N 1S4 Fax
#: (416) 661-6898
Brian
Moncion (416)
327-3942
Ontario Realty Corporation
LOCATION
MAP:
