SUBJECT: Designation of 1309 Appleby Line, The Charles Fothergill House and Farm

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1 Page 1 of Report PB SUBJECT: Designation of 1309 Appleby Line, The Charles Fothergill House and Farm TO: FROM: Development and Infrastructure Committee Planning and Building Department Report Number: PB Wards Affected: 5 File Numbers: Date to Committee: October 12, 2016 Date to Council: October 31, 2016 Recommendation: State an intention to designate the property at 1309 Appleby Line pursuant to Part IV of the Ontario Heritage Act, Section 29.(1.1), R.S.O.1990, Chapter O.18, as amended; and Authorize the City Clerk to present the designation by-law to Council provided that there is no objection to the statement of intention to designate the property at 1309 Appleby Line pursuant to Part IV of the Ontario Heritage Act, Section 29.(6), R.S.O.1990, c.o.18, as amended; and Authorize the City Clerk to take the necessary actions (indicated in Report No. PB-82-16) in the event of any objections to the statement of intention to designate the property at 1309 Appleby Line pursuant to Part IV of the Ontario Heritage Act, Section 29.(7), R.S.O.1990, c.o.18, as amended. Purpose: The purpose of this report is to advise City Council that Heritage Burlington, in consultation with the Planning and Building Department are recommending that 1309 Appleby Line, locally known as The Charles Fothergill House and Farm, be designated pursuant to the Ontario Heritage Act. This report outlines the background on the discussion around the designation of the property, as well as the cultural heritage value or/and interest of the house and property.

2 Page 2 of Report PB Staff recommends that based on the cultural heritage value and considering city s strong policy support for the building s retention, Council state an intention to designate the 1309 Appleby Line pursuant to Part IV of the Ontario Heritage Act. PB addresses Council s Strategic Plan, specifically: An Engaging City Community Building through Arts and Culture via Community Activities Background and Discussion: In April 2016, the Planning and Building Department received a Demolition Pre-Permit Clearance application from the four owners of 1309 Appleby Line. The intention of the application was to demolish the house on the subject property due to vandalism and trespassing. A Fire Department inspection order (March 3 rd, 2016) stated that the building appeared to be vacant and not secured which had been encouraging unwanted access or entry. The Fire Department ordered that pursuant to the Fire Protection and Prevention Act, (1) the building on 1309 Appleby Line shall be secured to prevent unauthorized entry; and (2) the materials and methods of securing the building shall be substantial enough to resist and discourage unwanted access or entry. Following the Fire Department order, on April 21 st, 2016, the City received final signed requests to demolish the building from all of the four property owners. Staff retained a heritage consultant to conduct an independent assessment of the cultural heritage value of 1309 Appleby Line to determine if the property was worthy of designation under the Ontario Heritage Act or whether or not the building could be demolished. Both staff and the retained consultant determined that 1309 Appleby Line possessed sufficient cultural heritage value under the Ontario Heritage Act (see discussion below) and that the property was worthy of designation. In accordance with city policy, staff notified the property owners of the upcoming recommendation for designation under the Ontario Heritage Act. Upon consideration of staff s recommendation, the owners jointly agreed to withdraw the application to demolish the dwelling at 1309 Appleby Line and agreed to secure the property as in interim solution until the property was sold.

3 Page 3 of Report PB In August, the Planning and Building Department was once again informed that the subject property was unsecured and unmaintained. At its September 2016 meeting, Heritage Burlington discussed the future of the property and members expressed concern at the lack of protection for the property and the urgent need to safeguard the house prior to the winter. Heritage Burlington passed a motion recommending that staff bring forward this report and that Council state an intention to designate 1309 Appleby Line. The Charles Fothergill House and Farm at 1309 Appleby Line is located at the northeast corner of Mainway and Appleby Line on a large, 7.4 hectare parcel. The property was previously used as farmland and has been surrounded by urban development on all sides. The property currently features a tree-lined driveway off of Appleby Line, a two-and-a-half storey red brick dwelling constructed circa1896 and a modern outbuilding. The property is located in the Uptown Mixed Use Centre. The lands are designated Uptown Mixed Use Corridor Employment in Burlington s Official Plan and zoned "D" "Development Zone" in zoning By-law 2020, as amended. A request has been made by the property owners for conversion of the property from an employment land use designation to permit residential uses. A planning justification report in support

4 Page 4 of Report PB of the conversion request was prepared by IBI Group on behalf of the property owners. This request will be considered as part of the municipal comprehensive review of Employment Lands (PB-XX-16). Additionally, a site specific Official Plan Policy Part III, Section c) applies to this property: Consideration shall be given to the protection and integration of the heritage features found in the existing farm cluster into proposed developments at the north-east corner of Appleby Line and Mainway. According to Burlington s Heritage Directory, the subject property was given an A grade when it was evaluated by Heritage Burlington (formerly LACAC) in In 2014, Heritage Burlington retained a heritage consultant (ARA Ltd.) to conduct a review of all formerly graded A properties to determine whether they had cultural heritage value or interest and if they should be retained on the Municipal Register. The outcome of the evaluation was that the consultant recommended that 1309 Appleby Line should remain on the Municipal Register. Following the receipt of the owner s application, the Planning Department hired ARA Ltd. to conduct an in-depth evaluation of the subject property according to Ontario Regulation 9/06, and in the context of Burlington s Official Plan policies. The evaluation report states that 1309 Appleby Line meets three of the criteria of Ontario Regulation 9/06 under the Ontario Heritage Act. The report concludes that the subject property may be considered for designation; and further, a Heritage Impact Assessment may be required prior to the approval of any proposed developments on the property, consistent with Burlington s Official Plan. The evaluation report by ARA Ltd. is attached to this report in Appendix B. STATEMENT OF SIGNIFICANCE / CULTURAL HERITAGE VALUE OR INTEREST The cultural heritage value or interest of The Charles Fothergill House and Farm / The Fothergill-Taylor House resides in its significant physical or design, historical or associative, and contextual values: Physical / Design Value The Charles Fothergill House and Farm is representative of a building from the Victorian era with Queen Anne Revival elements. The house is a two-and-a-half-storey

5 Page 5 of Report PB brick structure with a recessed two-storey side wing. The house has hipped roof, and rubblestone foundation topped by projecting brick courses. The façade and south elevation have offset two-storey bays topped by a gable with decorative bargeboard (gingerbread) above a small arched window. Typical of the Queen Anne style is the hipped roof and multi-gabled roofline, and asymmetrical façade (west elevation and southeast elevation). Also, typical of the Queen Anne style is the variety of window types that includes large arched window openings found on the two-storey bays, segmentally arched entranceways, segmentally arched windows, as well as the paired segmentally arched windows on the second floor above the front entranceway. All window and door openings have radiating brick voussoirs, and several windows have wood sills. Two red brick chimneys are found on the house, one on the rear (east elevation) and one on the south elevation, though this one no longer extends past the roofline. The Queen Anne style is further displayed in the decorative bargeboard in the gables, as well as in the decorative projecting brick aprons, under the bay windows at all levels. Historical / Associative Value The property is associated with the Fothergills, early pioneers in Nelson Township and a founding family of Appleby Village. The Crown Patent was issued to Christopher Fothergill in Christopher Fothergill, along with John Alton and John Atkinson, are considered the founders of Appleby Village. The subject land was transferred through the Fothergill family from Christopher to his son John, and on to John s son Charles. The house was constructed under the ownership of Charles Fothergill. It is believed that this house was built by Slater of Dundas. This may be a reference to J & K Slater, who also built a church in Appleby in the early 1900s. Charles' younger brother, Thomas Fothergill, farmed the Fothergill property on the west side of Appleby Line. In 1900, Charles and Amelia Fothergill sold their farm property and moved to Dundas. The subject property is also associated with the Taylor family, who farmed the property for over 50 years. The land came into the Taylor family in 1945, when it was sold by Ernest Featherstone to Jack Howard Taylor. The Taylor property remained under the ownership of John and Ruth Taylor until 1989, when it came under the joint ownership of five members of the Taylor Family. John and Ruth Taylor farmed the property until 1997, when John was 83 years old, after which it was rented to tenant farmers. Following the death of their parents, the Taylor children assumed ownership of 1309 Appleby Line.

6 Page 6 of Report PB Contextual Value The Charles Fothergill House and Farm is one of the last remnants of the Village of Appleby. The former village crossroads was located just south of the property at Appleby Line and Middle Road. Most of the village was demolished in the 1950s for construction of the QEW. The property was the last working farmstead of the former village. Typical of a farmstead, the house is set back from the road with a large front lawn and is surrounded by mature trees. Cultural Heritage Attributes Contextual relationship of the farmstead to the Appleby Village setting; Historical relationship of the property and house to the Fothergill family; Two and-a-half storey red brick structure with two-storey side wing; Hipped roof; Rubblestone foundation topped by projecting brick courses; Offset two-storey bays topped by a gable with decorative bargeboard above a small arched window on the façade and south elevation; Variety of window types including large arched window openings found on the two-storey bays, segmentally arched entranceways, segmentally arched windows, as well as the paired segmentally arched windows on the second floor above the front entranceway; Radiating brick voussoirs on all window and door openings, and wood sills on several windows; Two red brick chimneys - one on the rear and the other on the south elevation, though this one no longer extends past the roofline; Decorative bargeboard in the gables; Decorative projecting brick aprons under the bay windows at all levels; Set back from the road with a large front lawn; and Mature trees surrounding the house. Strategy/process Ontario Heritage Act and Ontario Regulation 9/06 Criteria for Determining Cultural Heritage Value or Interest:

7 Page 7 of Report PB In assessing a property s relative cultural heritage value, staff refers to Ontario Regulation 9/06. The Regulation outlines three main criteria of cultural heritage value, further divided into nine sub-criteria. Under Ontario Regulation 9/06, should the property satisfy at least one of the above criteria, it can be considered eligible for designation under Part IV of the Ontario Heritage Act. Staff s Opinion Staff is of the opinion that The Charles Fothergill House and Farm / The Fothergill- Taylor House satisfies Ontario Regulation 9/06 with regard to all three criteria Design or Physical Value, Historical or Associative Value, and Contextual Value: Criteria Design or Physical Value Historical or Associative Value Contextual Value Description Is a rare, unique, representative or early example of a style, type, expression, material or construction method Displays a high degree of craftsmanship or artistic value Displays a high degree of technical or scientific achievement Has direct associations with a theme, event, belief, person, activity, organization or institution that is significant to a community Yields or has the potential to yield information that contributes to the understanding of a community or culture Demonstrates or reflects the work or ideas of an architect, builder, artist, designer or theorist who is significant to a community Is important in defining, maintaining or supporting the character of an area Is physically, functionally, visually or historically linked to its surroundings Is a landmark Table 1: Evaluation of Cultural Heritage Value or Interest of The Charles Fothergill House and Farm on 1309 Appleby Line according to Ontario Regulation 9/06

8 Page 8 of Report PB Staff is of the opinion that The Charles Fothergill House and Farm is representative of an early style (Victorian with Queen Anne elements); and the original historic fabric remains. Based on the consultant s assessment, the rear addition and recent damage to the house have been identified; however, the overall architectural style of the house remains intact. The property has significant associative or historical value as it is associated with the Fothergill Family, who were early pioneers in Nelson Township, and a founding family in Appleby Village. The property is also contextually significant as it is physically and historically linked to Appleby Village. The house is one of the last remnants of the Village of Appleby; and stands as a touchstone to this rural farming community. Official Plan Policies Burlington s Official Plan contains a number of policies related to the conservation of Cultural Heritage Resources. Part II, Section 8 of the Plan requires that: The City shall protect, improve and manage its cultural heritage resources in a manner that furthers the heritage objectives of this Plan and sets an example of leadership for the community in the conservation of cultural heritage resources. Cultural heritage conservation planning shall be an integral part of the land use planning process in the City of Burlington (Section a). Further, the Official Plan requires that: The designation of individual cultural heritage properties and cultural heritage landscapes under the provisions of the Ontario Heritage Act shall be pursued to implement the cultural heritage conservation objectives and policies of this Plan (Section a). The Official Plan also provides an option for the City to request a Heritage Impact Statement; specifically, Section b) states that:

9 Page 9 of Report PB Completion of a Heritage Impact Statement shall be required prior to any approvals for proposed development where the City foresees potential adverse impacts on the cultural heritage attributes (including important vistas and streetscape) of a property designated pursuant to the Ontario Heritage Act, or on a property worthy of designation. Completion of a Heritage Impact Statement may be required prior to any approvals for proposed development where the City foresees potential adverse impacts on the cultural heritage attributes of any other property identified on the City s Inventory of Cultural Heritage Resources. Further, the Official Plan (Part III) discusses the Uptown Mixed Use Corridor Employment area; and Section c) addresses this property specifically and states that consideration shall be given to the protection and integration of the heritage features found in the existing farm cluster into proposed developments at the north-east corner of Appleby Line and Mainway. The safeguarding and designation of this house should be pursued, so that it can be incorporated into the future redevelopment plans for the site, and serve as a reference of Burlington s past (Appleby Village). Options considered The subject property is included on the Municipal Register as a non-designated property. While there is no application to demolish the structure at present, both staff and Heritage Burlington are concerned about the open an unprotected state of the house in light of the upcoming winter. Designation under the Ontario Heritage Act would require the property owner(s), current and future, to maintain the cultural heritage attributes identified above. Additionally, given the vacant nature of the property, designation would afford another level of protection through Part 5, General Standards for all Heritage Designated Properties, of the city s Property Standards By-law ( ). Staff is of the opinion that the 1309 Appleby Line merits designation for the reasons outlined above based on the criteria in Ontario Regulation 9/06 under the Ontario Heritage Act. Given the city s strong policy recognition of this property and its heritage value, staff is of the opinion that this property would greatly benefit from the additional

10 Page 10 of Report PB protection afforded by the Ontario Heritage Act. Therefore, staff recommends that Council state its intention to designate the property. The further deterioration of this house would mean a significant loss of the property s cultural heritage value, and a potential loss of a piece of Burlington s history. Financial Matters: There are no financial matters arising from staff s recommendation to state an intention to designate 1309 Appleby Line. If, however, an objection to Council s statement of intention to designate is received, costs associated with the Conservation Review Board (CRB) hearing may ensue. Other Resource Impacts Should Council accept staff s recommendation to designate the property, Burlington s Heritage Property Tax Rebate program (HPTRP) would be available to the owners of the subject property. Currently, the program is only for residential properties (tax classification) designated under the Ontario Heritage Act. Additionally, the property owners would also be eligible to apply for the Community Heritage Fund (CHF) for eligible conservation/restoration work on the house. Connections: In accordance with the Ontario Heritage Act, Heritage Burlington has been consulted. The committee will provide comments in a separate memo to Council Public Engagement Matters: There was no public consultation concerning this report. This report is listed in the regular committee agenda. The property owners will be notified of staff s recommendation ten (10) days prior to the Committee meeting according to the Act. Should Council accept staff s recommendation to state its intention to designate 1309 Appleby Line, the Ontario Heritage Act, Section 29. (1.1) requires that notice of intention to designate be given to the City Clerk, and that notice be served on owner of the

11 Page 11 of Report PB property, Ontario Heritage Trust, and be published in a local newspaper as per the requirements noted below. The Notice of Intention to Designate must contain: a. An adequate description of the property so that it may be readily ascertained; b. A statement explaining the cultural heritage value or interest of the property and a description of heritage attributes of the property; and c. A statement that notice of objection to the designation may be served on the Clerk within 30 days after the date of publication of the notice of intention in a newspaper of general circulation in the municipality. If, upon the completion of the 30-day appeal period, no appeals are received, staff will bring forward the designation by-law of the subject property to Council for ratification. If a notice of objection to the designation by-law is received, Council, upon expiration of the 30-day appeal period, refers the matter to the Conservation Review Board for a hearing. The person who objects must file the appeal with City Clerk with the required fee and reasons for his/her objection. The Conservation Review Board then schedules a hearing. Following the hearing, the Conservation Review Board will prepare a report for City Council s consideration, and Council s decision will be the final decision. Conclusion: Based on the cultural heritage value as outlined as well as the city s strong policy support for the protection of 1309 Appleby Line, staff recommends that Council proceed to designate the property under the Ontario Heritage Act. This property is intended for eventual development, and the city s vision is that this heritage resource be retained. The retention of the last remaining farmstead from Appleby Village can be creatively incorporated into a future development concept. Staff is concerned that over the winter, if not properly secured and protected, the building will further degrade and the historic fabric will be irreparably damaged.

12 Page 12 of Report PB Respectfully submitted, Jenna Puletto Planner II Heritage & Development ext Appendices: a. Photographs of The Charles Fothergill House and Farm b. Evaluation Report by ARA Ltd. Notifications: Eleanor Hepburn, Donald Taylor, Janet Taylor Walker & Mary Lou Taylor-Hawley c/o 427 Hillside Street, Waterloo, ON N2K 2P2, Canada Heritage Burlington - Jim Clemens, C/O Amber LaPointe, Clerks Dept. Ontario Heritage Trust - Chairman, 10 Adelaide Street East, Toronto, ON M5C 1J3 Report Approval: All reports are reviewed and/or approved by Department Director, Director of Finance and Director of Legal. Final approval is by the City Manager.