TOWNSHIP OF KING DATE: January 14th, 2008 TO: Committee of the Whole SUBJECT: Clerks Department Report CL-2008-03 Re: Designation of Property under the Ontario Heritage Act Cultural Landscape of'Shift' Sculpture 12605 Keele Street, King City Part Lot 2, Concession 3, Assessment Roll # 021-000 1. RECOMMENDATIONS • It is respectfully recommended that: (a) Report CL-2008-03 be received as information. (b) Committee consider approval of the Township Heritage Committee proposal for designation of the Shift and associated cultural landscape to be of Cultural Heritage Value or Interest under Part IV of the Ontario Heritage Act; (c) Should the above-noted proposal be approved, the Clerk is authorized to proceed with the Notice of Intention to Designate; (d) Township staff and members of the Heritage Committee endeavour to work with the owners of the subject property towards a form of agreement to address the needs of the owners and of the Township in protecting and preserving the Shift. 2. PURPOSE This Report is advise of a request from the Township Heritage Committee for designation of property considered to be of Cultural Heritage Value or Interest under Part IV of the Ontario Heritage Act. 3. BACKGROUND 3.1 Heritage Committee Request The Heritage Committee has submitted the correspondence attached as Appendix 'A' to recommend that a portion of the property municipally known as 12605 Keele Street be designated pursuant to Part IV of the Ontario Hentage Act. The subject portion of the property deemed to be of cultural heritage value or interest is the sculpture known as 'Shift' and its associated landscape. The Committee has also provided photographs of Clerks Department Report CL-2008-03 Page 2 Re: Designation of Property under the Ontario Heritage Act Cultural Landscape of 'Shift' Sculpture 12605 Keele Street, King City the sculpture (Appendix 'B', and documents and letters of support for the proposed designation - Appendix 'C'). The 'Shift' is an artistic creation by renowned artist Richard Serra. The sculpture was commissioned in 1970 on the subject lands, encompassing approximately 6.8 hectares of the property identified as 12605 Keele Street. 3.2 Current Heritage Status Amendments to the Ontario Heritage Act now make it possible for Council, in consultation with the Municipal Heritage Committee, to include property on the Township Heritage Registry that has not been designated under Part IV of the Act. The 'Shift' was placed on the Township's Heritage Registry of properties deemed to be of Cultural Heritage Value or Interest in September, 2006. When the subject property was added to the Registry, the owners were advised and provided with an opportunity to comment on its inclusion, however, the owners did not indicate either objection to nor support of the proposal. Including the undesignated properties on the Heritage Registry does not provide the same level of protection from demolition or change as does actual designation, however, it serves to identify the properties as 'priorities' whenever an application for renovation or demolition is received by the Building Department. The time for issuance of a building permit is extended to 60 days for properties that are listed on the Registry, hi cases where issuance of a building permit where demolition or removal of the building or change of the identified heritage features would result, this additional time provides an opportunity for Township Staff, Council, the Heritage Committee and the property owner to consider whether the permit should be issued, or modified or whether the property should be designated. In the case of the 'Shift', it should be noted that the sculpture is not considered to be a structure that requires a building permit. As such, a demolition permit would not be required either. Submission of an application for building or demolition permit is the 'trigger' which brings the matter of changing or demolishing a building to the attention of Township staff as it is part of the permit process to check to see if properties are on either the Heritage Registry or the Inventory. 3.3 Designation Process Section 29 of the Ontario Heritage Act (the Act) provides the process to be followed to designate property under Part IV of the Act. The owner's consent is not needed to proceed. Once Council determines that a property should be designated, the Clerk issues a Notice of Intent to Designate. The Notice must be served on the owner, the Ontario Heritage Trust, and published in a newspaper having general circulation in the Clerks Department Report CL-2008-03 Page 3 Re: Designation of Property under the Ontario Heritage Act 65 Cultural Landscape of 'Shift' Sculpture 12605 Keele Street, King City municipality. The Act provides that any objection to the designation must be received by the Clerk within 30 days of the publication of the Notice. If an objection to the Designation is received within the prescribed time, the matter is referred to the Conservation Review Board (Review Board) for a hearing and a report to Council. The Review Board is a 5 member body appointed by the Lieutenant Governor of Ontario. The hearing is open to the public and Council, the owner, any person who has filed an objection and such other persons as the Review Board may specify are parties to the hearing. Upon receipt and consideration of the Report of the Review Board, Council may make its decision to either pass the By-law to designate the property or withdraw the Notice of Intention. Notice of either decision must be given as prescribed in section 29(14) of the Act. The decision of Council is final. If no objection is received during the Notice of Intention appeal period, Council may proceed to enact the Designating By-law and the Clerk gives the Notice of Passing of the By-law as prescribed in the Act. Once the By-law is in force and effect, it would be registered on title of the property. To date, Council has not pursued the designation of any property without the owner's consent. 4. ANALYSIS & PROPOSALS The Chief Administrative Officer has discussed the protection and preservation of the 'Shift' and its surrounding landscape with the owners of 12650 Keele Street to. The owners have indicated that they have no wish to destroy or change the sculpture, nor do they have any desire to provide anything but minimal public access. They have no plans at this time to extend the development of their lands. At this point, the owners are content with the status quo. It would be optimal to obtain the interest and the support of the owners in the designation of the 'Shift'. In order to have the Designation By-law registered on title, it will be necessary to have a survey made of the designated landscape to provide a legal description. The Heritage Committee has advised of some minor cracks in the concrete which should be repaired, and the need for continued maintenance provisions. The Committee has also expressed concern about the type of agricultural activities undertaken in the immediate vicinity of the components of the 'Shift', and for such a significant work of art, it would be desirable to have regular public access. The feasibility of some form of agreement to address the needs of the owners and of the Township in protecting and preserving the Shift should be pursued. Clerks Department Report CL-2008-03 Page 4 Re: Designation of Property under the Ontario Heritage Act Cultural Landscape of 'Shift' Sculpture 12605 Keele Street, King City 5. FINANCIAL IMPLICATIONS In the event that Council approves the proposal to have the 'Shift' designated, the cost of publication of the Notices would be included in the Township's advertising 2008 budget. Survey costs (approx. $3,500.00) and legal costs for registration on title (approx. $350.00) would be included in the Clerk's 2008 Legal Budget. If the designation is challenged, there may be unknown legal costs with respect to the Conservation Review Board Hearing. Development of an agreement would incur further unknown legal costs. 6. CONCLUSIONS Should Committee agree to support the proposal to have the Shift and its associated cultural landscape designated, the Clerk will proceed with the designation process as described in Section 3.3 of this Report. Township staff and members of the Heritage Committee will endeavour to work with the owners towards an agreement that would address the matters discussed in Section 4 of this Report. 7. ATTACHMENTS (a) Appendix 'A': Heritage Committee Correspondence requesting Designation of Property - Shift & Associated Cultural Landscape (b) Appendix 'B': Photographs of the Shift (c) Appendix 'C: Supporting Correspondence: (i) Extract from King City East Functional Servicing/Development Area Study (ii) Architectural Conservancy of Ontario Recommendations for Shift Sculpture (iii) Arts Society King (iv) Art Gallery of Ontario (v) Community Heritage Ontario (vi) Ontario Heritage Foundation Prepared & Submitted by Chris Somerville Clerk Township ofXina J-feritage Committee Conservation of Property of Cultural Heritage Value or Interest Ontario Heritage Act, Part IV Designation of Properties November 12, 2007 Ms. Chris Somerville Township Clerk, Township of King Regarding: Designation of Property, Advice to Council Feature: Cultural heritage landscape of sculpture Shift Street Address: 12605 Keele Street, King City, ON. L7B 1H5 Location: Concession 3, Lot 2 Municipality: Township of King, Regional Municipality of York Assessment Roll: #021 000 The Township of King Heritage Committee wishes to advise King Township council that portion of the property of 12605 Keele Street is recommended for designation under Part IV of the Ontario Heritage Act. DESIGNATION STATEMENT Description of Property Portion of the landscape of 12605 Keele Street is worthy of designation under Part IV of the Ontario Heritage Actto its cultural heritage value or interest.