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HomeMy WebLinkAboutPLN 22-24 Report to Council Report Number: PLN 22-24 Date: June 24, 2024 From: Kyle Bentley Director, City Development & CBO Subject: Notice of Objection to Part IV Designation of 301 Kingston Road - File: A-3300-084 Recommendation: 1. That Council decline the objection, and affirm the March 25, 2024, Council Resolution #439/24, to designate 301 Kingston Road under Part IV, Section 29 of the Ontario Heritage Act; 2. That the By-law included as Attachment 4 to Report PLN 22-24, designating the property at 301 Kingston Road, in accordance with Part IV, Section 29 of the Ontario Heritage Act, be enacted; and 3. That Council direct staff to serve a Notice of Passing for the property located at 301 Kingston Road, known as Toynevale Farm, as a property of cultural heritage value or interest pursuant to Section 29(8) of the Ontario Heritage Act. Executive Summary: The purpose of this report is to provide Council with information, analysis, and options regarding an objection to the City’s Notice of Intention to Designate 301 Kingston Road, which was published in the Toronto Star on April 5, 2024. Under Section 29(5) of the Ontario Heritage Act, anyone may serve the Clerk with a notice of objection within 30 days of the publication of the notice of intention to designate, triggering a Council review of the original decision. An objection letter from the Donnell Law Group, the property owner’s lawyer, was received on April 18, 2024. The objection letter requested that the City of Pickering Council withdraw the Notice of Intention to Designate in accordance with Sections 29(7) and (8) of the Ontario Heritage Act. The letter stated that it is the Donnell Law Group’s opinion that the property does not meet the minimum threshold for designation under the Ontario Heritage Act. Staff have reviewed the objection raised by the Donnell Law Group. Staff remain of the opinion that, despite the objection, the property meets Ontario Regulation 9/06, the criteria prescribed for designation under Part IV, Section 29 of the Ontario Heritage Act, under all three categories of physical, historical/associative, and contextual values. Should Council proceed with the Part IV designation of the property, the property owner will have the right to appeal the designation to the Ontario Land Tribunal (OLT). An appeal must be made within 30 days of publication of the Notice of Passing in the newspaper. The appeal must set out the reason for the objection to the by-law and all relevant facts. PLN 22-24 June 24, 2024 Subject: Notice of Objection to Part IV Designation of 301 Kingston Road Page 2 If a hearing is held, the tribunal will decide whether to dismiss the appeal, to repeal or amend the designation by-law, or to order the municipality to repeal or amend the by-law. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priorities of Champion Economic Leadership and Innovation; Advocate for an Inclusive, Welcoming, Safe & Healthy Community; and Strengthen Existing & Build New Partnerships. Financial Implications: There are no direct costs associated with this report. However, should Council proceed with the Part IV designation of the property, the owner will have the right to appeal the designation to the Ontario Land Tribunal (OLT). In that circumstance, defending the designation would require the City to retain outside legal assistance and a qualified heritage witness to appear before the tribunal, creating additional costs for the City. Additionally, as noted under the Discussion section of this report, an application has been filed with the Ontario Superior Court of Justice to quash the City’s Order to Remedy an Unsafe Building. In the Application, the owner of the property has indicated that they are seeking legal costs associated with the Court Application from the City. Costs will be incurred by the City to defend the City’s position against the Application. However, the amount of those costs is not yet known at this time. If the owner is successful in its Court application, the City may be responsible for a portion of the owner's legal costs. Discussion: The purpose of this report is to provide Council with information, analysis, and options regarding an objection to the City’s Notice of Intention to Designate 301 Kingston Road. The subject property is located at the southeast corner of Kingston Road and Altona Road, north of Highway 401, within the Rougemount Neighbourhood (see Location Map, Attachment 1). The property has an area of 0.48 of a hectare, with approximately 60 metres of frontage along Kingston Road and approximately 75 metres along Altona Road. Mature trees are located along the western property line, fronting Altona Road. The property contains a two-storey building, which is included on the City of Pickering’s Municipal Heritage Register under Section 27 of the Ontario Heritage Act. The building has been vacant since at least 2021, when the current property owner made significant interior and exterior alterations to the building without obtaining the necessary demolition or building permit. 1. Background On November 22, 2023, City Development staff consulted with the Heritage Pickering Advisory Committee. The Committee passed a motion recommending that Council designate the property under Part IV, Section 29 of the Ontario Heritage Act, and staff advised that the Committee’s recommendation would be forwarded to Council for consideration in January 2024. PLN 22-24 June 24, 2024 Subject: Notice of Objection to Part IV Designation of 301 Kingston Road Page 3 On January 8, 2024, the Executive Committee considered staff recommendation Report PLN 01-24 to seek the Part IV designation of the property at 301 Kingston Road. Upon considering the delegation of Iain T. Donnell (legal representative for the property owner), Report PLN 01-24 was referred back to staff to allow further City engagement with the Heritage Pickering Advisory Committee, the property owner, and Donnell Law Group, regarding the designation of 301 Kingston Road under Section 29, Part IV of the Ontario Heritage Act. A brief discussion ensued between Members of Council and Mr. Donnell, where Mr. Donnell assured that the property would be left safe with no further destruction or damage to the site until the item was returned to the Committee. Staff were directed to report back to Council no later than the Q2, 2024. On February 6, 2024, the property owner submitted a Heritage Impact Assessment (HIA) and a Condition Assessment. The property owner also submitted a demolition permit application on the same day, thereby starting the 60-day timeline for Council to either permit the demolition of the structure or to proceed with designation under Part IV, Section 29 of the Ontario Heritage Act. At its meeting held on March 25, 2024, Council passed the following motion (see Council Resolution #439/24, Attachment 2): 1.That appropriate City of Picking officials be given authority to take the necessary actions to designate 301 Kingston Road (known historically as the ToynevaleFarm) under Section 29, Part IV of the Ontario Heritage Act, and include theproperty on the City of Pickering Municipal Heritage Register. 2.That staff be authorized to take the appropriate actions to require the property owner to apply for, and obtain, the necessary building permits and heritage alteration permits to secure and stabilize the building at 301 Kingston Road, andto reinstate the missing elements of the structure to bring the building intocompliance with the minimum requirements of the Ontario Building Code. 2.City staff met with the owner and their development consultant On April 11, 2024, and May 22, 2024, City Development staff met with the property owner and their development consultant to discuss the potential redevelopment of theproperty. The discussion included aspects of the Official Plan Amendment 38 and itsappeal, site configuration, and options for the adaptive reuse of the heritage structure. At both meetings, the consultant presented an option for commemorating the property, which featured an AI-generated image of a pergola constructed of materials salvaged from the structure at 301 Kingston Road and a plaque commemorating the property. City staff informed the consultant that the concept of a pergola constructed of salvagedmaterials is not rooted in heritage best practices for the commemoration of heritageresources as it does not relate to the history or evolution of the property. The building’s importance as a heritage structure was reiterated and staff encouraged the owner and their consultant to work with their heritage consultant to explore alternative creative and PLN 22-24 June 24, 2024 Subject: Notice of Objection to Part IV Designation of 301 Kingston Road Page 4 innovative ways to either incorporate the existing building into future development plans or commemorate the property in a meaningful way such as a public art feature. 3. A Letter of Objection has been received Notice of Intention to Designate the property was served to the owner on April 4, 2024, and published in the Toronto Star on April 5, 2024, fulfilling notice requirements under Sections 29(3) and 29(4) of the Ontario Heritage Act. On April 17, 2024, the owner’s lawyer filed an objection to the City’s Notice of Intention to Designate the property (see Notice of Objection from the Donnell Law Group, dated April 17, 2024, Attachment 3). The objection was received within 30 days of the date the Notice of Intention to Designate was published, which is within the specified timelines outlined in Section 29(5) of the Ontario Heritage Act. According to Section 29(6) of the Ontario Heritage Act, once the objection has been served on the Clerk, the Council of the municipality shall consider the objection, and decide whether to withdraw the Notice of Intention to Designate the property within 90 days, after the end of the 30-day period. The objection letter requested that the City of Pickering withdraw the Notice of Intention to Designate in accordance with Sections 29(7) and (8) of the Ontario Heritage Act. The Donnell Law Group is of the opinion that the property does not meet the minimum threshold for designation under the Ontario Heritage Act. The Letter of Objection disputes the Ontario Regulation 9/06 evaluation completed by the City of Pickering as well as the property owner’s heritage consultant, LHC Heritage Planning & Archaeology Inc. 4. The applicant has appealed the City’s Order to Remedy Unsafe Building The City of Pickering issued a Building Code “Order to Remedy Unsafe Building” on April 5, 2024. On April 24, 2024, the Donnell Law Group filed an application to the Ontario Superior Court of Justice to quash the Order, on the grounds that the Order is beyond the legal power and authority of the City (the Chief Building Official). In addition, the Application to the Court states that the Order is an error of law, unreasonable and an abuse of process and therefore is of no force and effect. The Order was issued under the authority of the Building Code Act based on a site inspection undertaken by Building staff and a structural assessment completed by WSP. During the site inspection, staff noticed someone’s belongings inside the building, and the owner confirmed that an individual was residing at this location. The building does not, and did not contain, any life safety components to be habitable. 5. An Ontario Land Tribunal appeal has also been filed On May 6, 2024, the City Clerk received a letter from the Donnell Law Group informing the City of the property owner's intent to appeal the decision to refuse the demolition permit to the OLT. City of Pickering Counsel and City Development staff have reviewed the OLT appeal. It is the City’s opinion that the appeal is premature. PLN 22-24 June 24, 2024 Subject: Notice of Objection to Part IV Designation of 301 Kingston Road Page 5 The appeal materials indicate that the legislative grounds for the appeal are Sections 34.1(1) and 42(6) of the Ontario Heritage Act. However, the pre-conditions contained within those sections do not yet apply to the property. Section 34.1 (1) provides a right of appeal to the OLT when Council has refused a demolition permit application under subclause 34(4.2)(a)(iii). The owner has not followed the proper procedure as outlined in Section 34 of the Ontario Heritage Act and as a result, has not fulfilled the pre-conditions in Section 34 that establish the owner's appeal rights. Section 42(6) provides a right of appeal to the OLT if a municipality wrongly refuses to issue a demolition permit. However, that section requires that the subject property be situated in a Heritage Conservation District and that it be designated under Part V of the Ontario Heritage Act. 301 Kingston Road does not satisfy either of these pre-conditions and therefore, this section of the Act does not apply to 301 Kingston Road. Should Council decide to move forward with the designation of the property, a Notice of Passing of the by-law will be circulated in accordance with the requirements of the Ontario Heritage Act, and it is at that time that the property owner has the right to appeal to the OLT. 6. Options for Council consideration According to Sections 29(7) and (8) of the Ontario Heritage Act, when a Letter of Objection for designation is received within 30 days of the Notice of Intention to Designate being published, Council has 90 days to either: • proceed with the designation within 120 days of the Notice of Intention to Designate, and serve a copy of the by-law to the Property owner, any persons who objected, and the Ontario Heritage Trust; or • withdraw the Notice of Intention to Designate and serve a notice of withdrawal to the Property owner, any persons who objected, the Ontario Heritage Trust, and publish a Notice of Withdraw in the newspaper Based on the timelines noted above, Council must make a decision regarding the designation of the property by August 9, 2024. 7. Staff recommend to proceed with designation Council may choose to affirm the March 25, 2024, Council Decision to designate the property and approve the designation by-law (see Designation By-law, Attachment 4). This would be consistent with Council’s previous decision that 301 Kingston Road meets the threshold for heritage designation under Part IV, Section 29 of the Ontario Heritage Act. The proposed designation of the property is consistent with provincial policy, indicating that municipalities shall conserve significant built heritage resources (Provincial Policy PLN 22-24 June 24, 2024 Subject: Notice of Objection to Part IV Designation of 301 Kingston Road Page 6 Statement, 2020, Policy 2.6.1) and City of Pickering Official Plan principles and policies to respect, conserve, and integrate important cultural heritage resources from all time periods into the community. 301 Kingston Road is valued as a rare example of a Georgian house in the City of Pickering, dating to the mid-1800s. Although altered, the house retains its physical attributes including its scale, massing, and orientation towards Kingston Road, and is the only surviving two-storey Georgian house in the City of Pickering. The timber-frame construction of the house is unique in the City, with only two known examples surviving. The property is historically linked to its surroundings for its associations with the Rouge Hill Community and is one of the few remaining buildings from the early settlement of the community. The property is directly linked to George Toyne Jr. who was a prominent Rouge Hill citizen, active in raising funds for the Victory Loan campaign, an original member of the Rouge Hill School Board, a Warden of St. Paul’s Anglican Church, and a Past Master of the Doric Lodge. The subject property remains an integral component of the Kingston Road and Altona Road streetscape and is considered a landmark building. 8.Conclusion Based on a comprehensive review of all submitted information by the owner and his representatives, and staff’s background research, staff are of the professional opinionthat 301 Kingston Road merits designation under Part IV, Section 29 of the Ontario Heritage Act. Staff recommend that Council reaffirm its decision to designate theproperty and enact the heritage designation by-law included as Attachment 4 of this report. Attachments 1.Location Map 2.Council Resolution #439/243.Notice of Objection, dated April 17, 20244.Designation By-law, 301 Kingston Road PLN 22-24 June 24, 2024 Subject: Notice of Objection to Part IV Designation of 301 Kingston Road Page 7 Prepared By: Original Signed By Emily Game, BA, CAHP Senior Planner, Heritage Original Signed By Nilesh Surti, MCIP, RPP Division Head, Development Review & Urban Design Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO EG:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer Attachment 1 to Report PLN 22-24 Ro ugemountDrive Fawndale Road Valley Gate Alt o n a R o a d Le k a n i C o u r t Toynevale Road Wi n e t t e R o a d Pin e Rid g e R o a d Rouge Hill Court D a l e w o o d D r i v e K i n g s t o n R o a d Brookridge Gate Highway 4 0 1 Ly t t o n C o u r t Ri v e r v i e w C r e s c e n t © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.;© Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers all rights reserved.; © Municipal Property Assessment Corporation and its suppliers all rights reserved.; City DevelopmentDepartment Location MapFile:Property Description:A-3300-084 Date: May 15, 2024 SCALE: 1:4,000 THIS IS NOT A PLAN OF SURVEY. ¯ E Pt Lot 32, B.F.C. Range 3 Subject Lands L:\PLANNING\01-MapFiles\Other\CityDevelopment\Heritage\301KingstonRd_LocationMap.mxd (301 Kingston Road) City of Toronto Legislative Services Division Clerk’s Office Directive Memorandum April 3, 2024 To: Kyle Bentley Director, City Development & CBO From: Susan Cassel City Clerk Subject: Direction as per Minutes of the Meeting of City Council held on March 25, 2024 Director, City Development & CBO, Report PLN 10-24 301 Kingston Road Part IV Designation of 301 Kingston Road Council Decision Resolution #439/24 Please take any action deemed necessary. Susan Cassel Copy: Chief Administrative Officer Senior Planner, Heritage 1.That appropriate City of Pickering officials be given authority to take thenecessary actions to designate 301 Kingston Road (known historically as the Toynevale Farm) under Section 29, Part IV of the Ontario Heritage Act, andinclude the property on the City of Pickering Municipal Heritage Register. 2.That staff be authorized to take the appropriate actions to require the propertyowner to apply for, and obtain, the necessary building permits and heritagealteration permits to secure and stabilize the building at 301 Kingston Road, and to reinstate the missing elements of the structure to bring the building intocompliance with the minimum requirements of the Ontario Building Code. Attachment 2 to Report PLN 22-24 Attachment 3 to Report PLN 22-24 Attachment 4 to Report PLN 22-24 The Corporation of the City of Pickering By-law No. XXXX/24 Being a by-law designate the lands legally described as that Concession Broken Front Range 3 Part Lot 32, Plan 350 Part Lot 7 & 40R30182 Part 2,3 (Save and Except 40R31305 Part 1) municipally known as 301 Kingston Road, Pickering, as being cultural heritage value or interest. Whereas the Ontario Heritage Act authorizes the Council of a municipality to enact a by-law to designate real property, including all buildings and structures thereon, to be of cultural heritage value or interest; and Whereas on March 25, 2024, Council endorsed the recommendations of its Heritage Advisory Committee to designate 301 Kingston Road as being of cultural heritage value or interest; and Whereas the reasons for designation are set out in Schedule “A” to this by-law; and Whereas the Council of The Corporation of the City of Pickering has caused to be served on the owners of the 301 Kingston Road and upon the Ontario Heritage Trust, Notice of Intention to designate the property and has caused the Notice of Intention to be published in a newspaper having general circulation in the municipality as requested by the Ontario Heritage Act; and Now therefore the Council of The Corporation of the City of Pickering enacts as follows: 1.301 Kingston Road is designated as being of cultural heritage value or interest forreasons set out in Schedule “A” attached hereto. 2.The City Solicitor is hereby authorized to cause a copy of this by-law to be registered ontitle to the 301 Kingston Road. 3.The City Clerk is authorized to cause a copy of this by-law to be served upon the owners of the 301 Kingston Road and the Ontario Heritage Trust and to publish notice of thisby-law in a newspaper having general circulation in the City of Pickering as required bythe Ontario Heritage Act. By-law passed on this 24th of June, 2024. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk Schedule “A” By-law No. XXXX/24 Reasons for Designation Description of Property 301 Kingston Road is located at the southeast corner of Kingston Road and Altona Road, within the Rougemount Neighbourhood. The property contains a two-storey timber-frame structure, historically known as the Toynevale Farm. Reason for Designation The property at 301 Kingston Road is of significant cultural heritage value or interest because of its physical, historical/associative, and contextual value. Despite alterations, the property at 301 Kingston Road includes a rare example of a Georgian house in the City of Pickering. Constructed c. 1860, and, known historically as the Toynevale Farm, the house possesses physical value for its scale, massing, and form, including its end gable roof with return eaves, two-storey height, and rectangular plan. 301 Kingston Road is directly associated with the development of the Rouge Hill community in the mid-nineteenth century and with the Rouge Hill post office and postmasters including Emanuel Playter between 1852 and 1859, Michael Brooks between 1860 and 1864, John C. Wesley in 1865, and George Toyne between 1902 and 1915. 301 Kingston Road is directly associated with George Toyne Jr., a prominent Rouge Hill citizen. Toynevale Road, located south of the subject property, was named after George Toyne Jr. As the earliest surviving building from the settlement of the area, the property, formerly known as Toynevale is historically linked to the settlement of Rouge Hill and remains linked to the broader community as the Toyne Family is commemorated through the name Toynevale Road, located south of the subject property. The property at 301 Kingston Road is a local landmark within the Rouge Hill area. The building’s two-storey massing and prominent siting at the intersections of Altona Road and Kingston Road are easily discernable for the public. 301 Kingston Road remains an integral part of the streetscape at Kingston Road and Altona Road and is therefore considered a landmark. Description of Heritage Attributes The heritage attributes that contribute to the cultural heritage value or interest of 301 Kingston Road include: • One-and-a-half storey massing built to a rectangular plan; • Scale, massing and form of the building, including its two-storey height, end-gable roof and rectangular plan; • Hand-hewn timber-frame construction; and • Its orientation towards Kingston Road and prominent siting at the intersections of Altona Road and Kingston Road.