DEVELOPMENT SERVICES COMMITTEE

 

 

 

 

 

TO:

Mayor and Members of Council

 

 

 

 

FROM:

Jim Baird, Commissioner of Development Services

Valerie Shuttleworth, Director of Planning & Urban Design

 

 

 

 

PREPARED BY:

George Duncan, Senior Heritage Planner

 

 

 

 

DATE OF MEETING:

2005-Sep-06

 

 

 

 

SUBJECT:

Designation Under Part IV of the Ontario Heritage Act

Lewis J. Burkholder House

6881 Highway 7

778374 Ontario Limited (Primont Homes)

 

 

 


 

RECOMMENDATION:

THAT the “Lewis J. Burkholder House” at 6881 Highway 7 be approved for designation under Part IV of the Ontario Heritage Act,

 

AND THAT the Clerk’s 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 the property.

 

 

PURPOSE:

To recommend to Council that the “Lewis J. Burkholder  House” (historical reference) at 6881 Highway 7 be designated under Part IV of the Ontario Heritage Act.

 

BACKGROUND:

The building is listed on the Inventory of Heritage Buildings

The subject property contains a heritage building that is listed on the Markham Inventory of Heritage Buildings and is identified in the Cornell Secondary Plan (Appendix 3 – Heritage Buildings) as a building of heritage significance. The Burkholder House has been evaluated as a Group 2 Heritage Building. The Designation Report for this property is attached as Appendix “A.”

 

 

 

The Burkholder House was home to a prominent Mennonite historian

The Burkholder House was built in 1904 as the residence of Lewis J. Burkholder, a local Mennonite minister and author of a history of the Mennonites in Ontario, published in 1935. The two storey frame house is a well-preserved early 20th century vernacular dwelling illustrating the transition from the decorative architectural expressions of the late Victorian Period into the simpler styles of the early 20th century.

 

Heritage Markham evaluated this building as part of the Cornell Secondary Plan process

In 1992, the Lewis J. Burkholder House was evaluated as a Group 2 heritage building as part of the Cornell Secondary Plan process. Buildings of this status are typically recommended for preservation and designation under Part IV of the Ontario Heritage Act.

 

The property has recently been sold for future development

The Burkholder family continued to own the property at 6881 Highway 7 until early 2005, when it was sold for development. While the property was for sale, Heritage Section staff responded to a number of inquiries regarding the heritage status of the house. It was made clear to any prospective purchasers/agents that although the property had not been formally designated under the Ontario Heritage Act, it was a candidate for designation. Prospective purchasers/agents were also advised by staff that the building would be recommended for preservation and integration into any future development proposals in accordance with the Cultural Heritage policies of the Cornell Secondary Plan.

 

The proposed update to the Cornell Centre Secondary Plan will change the land use for this property

The subject property is currently designated as Community Amenity Area Corridor under the Cornell Centre Secondary Plan, which allows for a mix of office and residential use. The proposed update to the Cornell Centre Secondary Plan would re-designate these lands and adjacent properties for Residential – Medium Density uses. At present, no development concepts have been received for 6881 Highway 7. However, when any proposals are brought forward for review by the Heritage Section, the applicants will be advised that the heritage house is to be integrated into the development plans.

 

The building is currently vacant

The property and house are currently unoccupied. Property maintenance issues resulted in a citizen complaint and subsequent action by Heritage Section staff to file a complaint to the Town’s By-law Enforcement section. The buildings (house and outbuildings) have been reported to be open and the grounds overgrown. This raises concern that the heritage resources on the property are not being cared for and are therefore at risk of damage or loss. Under the new Ontario Heritage Act, it is now possible for municipalities to enact a special property standards by-law to prescribe minimum acceptable standards of upkeep for designated heritage properties. This option will be under consideration by the Town in the fall, but at this time, existing by-laws dealing with property maintenance will have to be used to compel the owner to secure the buildings and keep them in an acceptable state of repair.

 

 

 

Heritage Markham recommends designation under Part IV of the Ontario Heritage Act

At its meeting of August 10, 2005, Heritage Markham recommended that the Lewis J. Burkholder House be designated under Part IV of the Ontario Heritage Act.  (See Heritage Markham Extract, attached as Appendix “B.”) The property owners have been advised of this recommendation and that this staff report has been prepared for the September 6th, 2005 Development Services meeting. To date, the owners have simply inquired about what the effect of the heritage designation will be.

DISCUSSION:

 

The preservation and designation of the Lewis J. Burkholder House is consistent with the policies of the Cornell Secondary Plan

The Secondary Plan for the Cornell Secondary Plan Area contains Cultural Heritage policies (See Appendix ‘C’). Briefly, these policies provide for the retention and conservation of significant heritage buildings and their integration into development proposals. Appendix 3 of the Secondary Plan lists 22 heritage buildings, including the Lewis J. Burkholder House at 6881 Highway 7. Significant heritage buildings are typically given recognition and protection through designation under the Ontario Heritage Act. The preservation and designation of this building is consistent with the policies of the Cornell Secondary Plan.

 

Designation of this property will strengthen the Town’s ability to protect the building

In its current state, the Lewis J. Burkholder House is vulnerable and in need of immediate protection. The action of the By-law Enforcement Department will hopefully result in securing the property in the interim, but for long-term protection heritage designation is recommended as an appropriate action to preserve this significant heritage resource. Heritage designation will enhance the building’s heritage status during the development application process when it occurs.

 

Should Council decide to proceed with the recommendation to designate 6881 Highway 7 under Part IV of the Ontario Heritage Act, the Clerk’s Department should be authorized to:

 

  • publish and serve on the property owner, the Ontario Heritage Trust 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.

 

FINANCIAL CONSIDERATIONS:

There are no financial implications to be considered in this report.

 

ENGAGE 21ST CONSIDERATIONS:

Heritage designation helps to achieve a quality community by recognizing, promoting and protecting a heritage resource, which strengthens the sense of community.

 

 

 

BUSINESS UNITS CONSULTED AND AFFECTED:

Acceptance of this recommendation to designate 6881 Highway 7 will require the Clerk’s Department to initiate the notice process and prepare the designation by-law.

 

ATTACHMENTS:

 

Figure 1:                       Applicant/Agent and Location Map

Figure 2:                       Air Photo

Appendix “A”:  Designation Report

Appendix “B”:  Heritage Markham Extract August 10, 2005

Appendix “C”               Cultural Heritage Policies, Cornell Secondary Plan

 

 

 

 

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                FIGURE 1:

 

DOCUMENT:             Q:\Development\Heritage\PROPERTY\HWY7\6881\dscsept20.dot

 

 

 

OWNER:                     778374 Ontario Limited                                   tel. 905-770-7002

                                    25 Brodie Drive, Unit 2                                    fax 905-770-9798

                                    Richmond Hill, Ontario

                                    L4B 3K7

 

                                    Att’n Charles Attardo, Contract Project Manager

                                    Primont Homes

 

LOCATION MAP: