RECOMMENDATION:
THAT Heritage Markham’s recommendation to designate the John Mapes House at 7166 14th Avenue and the
John Noble Raymer House at 7124 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 these properties.
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.
PURPOSE:
To recommend to Council that John Mapes
House at 7166 14th Avenue and the John Noble Raymer House at 7124 14th
Avenue be designated under Part IV of the Ontario Heritage Act, and that
the Ontario Realty Corporation (ORC) enter into a heritage easement.
BACKGROUND:
Two heritage buildings are located on the subject lands
The Province of Ontario
owns properties on the north side of 14th Avenue, east of 9th
Line, which contain heritage buildings known as the John Mapes House at 7166 14th
Avenue and the John Noble Raymer House at 7124 14th Avenue. The properties form part of the Box Grove
Community and are listed on the Markham Inventory of Heritage Buildings.
DISCUSSION:
Letter received from ORC advising of
proposed sale of properties
containing heritage resources
At
its meeting of January 8, 2003, Heritage Markham received a letter from Alex
Lye, Environmental Assessment Coordinator for the Ontario Realty Corporation
advising of the proposal by Ontario Realty Corporation (ORC) to sell the lands
containing the John Mapes House at 7166 14th
Avenue and the John Noble Raymer House at 7124 14th Avenue (Appendix
‘A’). The lands are proposed to be sold
to Box Grove Hill Developments Ltd..
The Ontario Realty Corporation inquired of Town (Heritage
Section) staff as to whether development of the lands would affect the heritage
aspects of the property.
Buildings are
significant heritage properties – Designation and Easement are requested prior
to transfer from protection of Provincial ownership
In response to its request, The Ontario
Realty Corporation was advised that both buildings on the subject lands are
listed on the Markham Inventory of Heritage Buildings. Since the buildings would be leaving the
protection of Provincial ownership, upon the completion of any sale, Town
(Heritage Section) Staff requested that the Ontario Realty Corporation enter
into a heritage conservation easement agreement with the Town and permit the
designation of the buildings under Part IV of the Ontario Heritage Act,
prior to the sale taking place.
Heritage Markham recommends Designation
In order to ensure that the existing heritage
houses are protected following the sale and prior to and during any subsequent
development of the subject lands, Heritage Markham at its meeting of January 8,
2003 recommended that the John Mapes House at 7166 14th
Avenue and the John Noble Raymer House at 7124 14th Avenue be
designated under Part IV of the Ontario Heritage Act. The purpose of the designations is to ensure
the long-term protection of the homes and to provide current and future owners
access to available funding programs for the restoration of the designated
heritage property. Both houses are good examples of vernacular farmhouses from
the mid to late 19th Century built with the influence of Gothic
Revival and Ontario Farmhouse styles
for prominent farming families in the Township of Markham and the Community of
Box Grove. Outlines of the historical, architectural and contextual
reasons for designation are included in the Heritage Designation Reports, which
are attached as Appendices ‘B’ and ‘C’.
Heritage Markham also recommended Heritage Conservation Easements
Heritage Markham, at
its meeting on March 12, 2003 recommended that Town (Heritage Section) 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 to a minimum standard equal to the condition of the building on the
day that the easement was signed.
Heritage Buildings are located on lands which form part of the Box
Grove Secondary Plan
The property at 7124 to
7166 14th Avenue forms part of the Box Grove Secondary Plan Area and
the dwellings are identified as buildings of architectural and/or historic
value within the plan. The plan
provides for the retention and conservation of heritage buildings in new
development proposals in their original use or in an appropriate adaptive
re-use.
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 the 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 pro active designation of the John Mapes House at 7166 14th
Avenue and the John Noble Raymer House at 7124 14th Avenue would provide the following improved protection to
the resources:
1.
The Ontario Realty Corporation
(ORC) protocols are more stringent with respect to designated properties under
its ownership. If designated, it is more
likely that the building will be retained and will qualify for any available
financial assistance from the Province with respect to heritage
preservation.
2.
The designation of the buildings
provide a clear indication to ORC and any other interested parties that the
buildings are of heritage value.
Designation would also provide the buildings 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 buildings be preserved.
3.
The designation of the buildings
under the Ontario Heritage Act at this point in time would give the
structures immediate and ongoing protection upon the transfer of the lands out
of provincial ownership for future development.
Province of Ontario has been notified of
proposed designation
On January 21, 2003, Town (Heritage Section) staff notified the Province
of Ontario in writing of the recommendation by Heritage Markham to designate
the the John Mapes House at 7166 14th Avenue and the John Noble
Raymer House at 7124 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 an objection to the
designation from the owner, 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 Culture to discuss the merit of the
municipal requests for designation, heritage easement and maintenance of the
heritage structures.
It is recommended that both properties be
designated under the Heritage Act.
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 John Mapes House at 7166 14th
Avenue and the John Noble Raymer House at 7124 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 properties as per the requirements of the Act; and,
·
prepare
the Designation By-laws for the properties known as the John Mapes House at 7166 14th Avenue and the John Noble
Raymer House at 7124 14th Avenue
ATTACHMENTS:
Figure 1 - Applicant/Agent +
Location Map
Figure 2 - Aerial photograph
of John Mapes House at 7166 14th Avenue
and the John Noble Raymer House at 7124
14th Avenue
Appendix ‘A’ – Letter from
Ontario Realty Corporation Regarding property for sale
Appendix ‘B’ - Designation Report, The John Mapes House at 7166 14th Avenue
Appendix ‘C’ – Designation Report, The John Noble Raymer House at 7124 14th Avenue
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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\7166\pms0325.doc
OWNER:
Ontario Realty Corporation
c/oWilliam Gerrard
11th Floor, Ferguson Block
77 Wellesley
Street West Telephone
#: (416) 326-3730
Toronto, ON M7A 2G3 Fax
#: (416) 327-2755
Box
Grove Hill Developments Ltd
270 Chrislea
Road Telephone
#: (905) 856-8500
Woodbridge, ON L4L 8A8 Fax # (905) 856-8508
LOCATION
MAP:
