HomeMy WebLinkAboutDSD-19-249 - Notice of Intention to Amend Designating By-law 84-52 for 883 Doon Village RdREPORT TO:Heritage Kitchener
DATE OF MEETING:November 5, 2019
SUBMITTED BY:Leon Bensason, Coordinator, Cultural Heritage Planning
PREPARED BY:Victoria Grohn, Heritage Planner,519-741-2200 ext. 7839
WARD (S) INVOLVED:Ward 4
DATE OF REPORT:November 1, 2019
REPORT NO.:DSD-19-249
SUBJECT:Notice of Intention to Amend Designating By-law 84-52for 883 Doon
Village Road
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RECOMMENDATION:
That pursuant to Section 30 (1) of the Ontario Heritage Act, the Clerk be directed to publish a
Notice of Intention to amend designating by-law 84-52 for 883 Doon Village Road.
Location Map: 883 Doon Village Road
***This information is available in accessible formats upon request.***
Please call 519-741-2345 or TTY 1-866-969-9994for assistance.
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BACKGROUND:
The property municipally addressed as 883 Doon Village Road is located east of Bechtel Drive and south
of Doon Village Road. The subject property is presently1.32 acres in size and contains a historic dwelling,
aformer Hog and Hen House, and a modern garage. The property is designated under Part IV of the
Ontario Heritage Act.
883 Doon Village Road (Front Elevation)
In 2018, the Development Services Department received consent applications B2018-006 through
B2018-009 to sever a portion of the property municipally addressed as 883 Doon Village Road to create
4 new lots and 1 retained lot. The Committee of Adjustment approved the consent applications, subject
to conditions, on April 17, 2018. In 2019, the Development Services Department received change of
conditions applications CC2019-001 through CC2019-004 to extend the timeframe in which to complete
the consent conditions associated with applications B2018-006 through B2018-009. The Committee of
Adjustment approved the change of conditions applications, subject to conditions, on February 19, 2019.
A Heritage Impact Assessment (HIA), prepared by MHBC Planning and dated January 2018, was
submitted in support of consent applications B2018-006 through B2018-009. The HIA considered the
relocation of the former Hog and Hen House to the retained lot to facilitate the creation of the four new
lots and to maintain its existingcapacity as a garage/shed. The HIA, which was discussed at the January
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9, 2018 Heritage Kitchener meeting, concludes that the preferred conservation option involves
relocating the former Hog and Hen House a short distance to the retained lot, which would result in
retaining the historical and associative relationship of the former Hog and Hen Housewith the dwelling.
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On October 8, 2019, aHeritage Covenant Agreement under Section 37(1) of the Ontario Heritage Act
was registered on title of the subject property
former Hog and Hen House. This was a condition of the Committee of Adjustment decisions. The works
associated with the relocation of the former Hog and Hen House are being undertakenin keeping with
the approved Conservation Plan, prepared by MHBC Planning and dated July 2019.At the time of writing
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this report, the relocation of this structure is presently underway and is anticipated to be complete by the
end of November 2019.
883 Doon Village Road Proposed Retained and Severed Lands
with Relocated Former Hog and Hen House
REPORT:
One of the conditions associated with consent applications B2018-006 through B2018-009 and change
of conditions applications CC2018-001 through CC2019-004 for 883 Doon Village Road is for the
property owner to agree to amend Designating By-law 84-52 to reflect the revised heritage attributes
listed in the approved HIA, prepared by MHBC Planning dated January 2018, and the revised legal
description for the retained lands municipally addressed as 883 Doon Village Road.
The HIA notes that the existing designating by-
the dwelling as the attribute that is subject to the designating by-law. Theproposedrevised list of heritage
to this report, identifies additionalattributes, including the former Hog
and Hen House, which would be subject to the designating by-law once amended. The existing dwelling
is identified as the primary heritage attribute of the property and the former Hog and Hen House is
identified as a secondary heritage attribute of the property.
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In order to satisfy this condition and implement the recommendations of the HIA, it is recommended that
the City Clerk be directed to publisha Notice of Intention to amend designating by-law 84-52 for the
property municipally addressed as 883 Doon Village Road. Under Section 30(1) of the Ontario Heritage
Act, the Heritage Kitchener committee is required to be consulted prior to Council passing a Notice of
Intention to amend a designating by-law. To ensure the designating by-law only applies to the retained
lands, and that the attributes referenced in the designating by-law are located on the lands to which the
designating by--law
should follow the successful relocation of the former Hog and Hen House onto the retained lands, and
once a new legal description for the retained lands is available. In this way, the amended designating by-
law can be registered on title for 883 DoonVillage Road and will not encumber the severed lots.
Archaeology
The property municipally addressed as 883 Doon Village Road contains an archaeological site. A Stage
3 site-specific archaeological assessment was conducted on a portion of the property. The assessed
portion of the lands, which contain the lands to be severed and the additional area of impact needed to
accommodate the relocated former Hog and Hen House and a new driveway, are of no further
archaeological concern. However, the unassessed portion of the archaeological site, located within the
retained lands, has further cultural heritage value or interest and represents an outstanding
archaeological concern. In order to ensure long-term protection of this area, a further amendment to the
designating by-law is proposed to contain wording notifying the property owner that any soil disturbance
is prohibited by anyone that does not possess a license as provided for under Section 48(1) of the Ontario
Heritage Act, and the process to be followed und
a part of an archaeological site and allowing for alterations by a person who is not a licensed
archaeologist:
AiHC-491and subject to Section 48(1) of the Ontario Heritage
Act is present within this property.It has been recommended that there is further cultural heritage
value or interest for the archaeological site. A detailed sketch/plan showing the location of the
archaeological site is available for viewing upon submitting a request to the Heritage Planner, City
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of Kitchener, 200 King Street West, 6Floor, Kitchener, ON, N2G 4G7.
No person knowing that a site is an archaeological site shall alter the site, and artifacts or any
other physical evidenceof past human use or activity shall not be removed from the site without
a licence as provided for undersection 48(1)of the OHA.Under section 48(3) of the OHA, the
restriction on alteration or the removal of an artifact or other physical evidence of past human use
and activity from the sitewill no longer apply when a licensee has completed archaeological
fieldwork, within the meaning of the regulations, on the site andan archaeological report has
been provided to the Minister stating that the site has no further cultural heritage value or interest
This wording was prepared in consultation with the Ministry of Tourism, Culture and Sport, Planning staff
at the Region of Waterloo, Planning and Legal Services staff at the City of Kitchener, and the property
owner. Although the sketch/plan of the archaeological site will be attached to the designating by-law
considered by Council, it might not be attached to the designating by-law for the purposes of registration
on title. However, there is notice provided inthe appropriate schedule to the designating by-law that the
sketch/plan of the archaeological site can be viewed at the City.
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ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
delivery of core service.
FINANCIAL IMPLICATIONS:
N/A
COMMUNITY ENGAGEMENT:
INFORM Heritage
Kitchenermeeting.
CONSULTand COLLABORATE Heritage Planning staff has consulted and collaborated with the
property owner regarding the implementation of the recommendations of the HIA, including amending
the designating by-law under the Ontario Heritage Act. The owner has confirmed their support for
amending the designating by-law, subject to consideration by Council. Heritage Kitchener will be
consulted via circulation and consideration of this report.
ACKNOWLEDGED BY: Della Ross,Acting Director of Planning
APPENDIX A:Current Designating By-law 84-52
APPENDIX B: Proposed Amendments to Designating By-law (Statement of Cultural Heritage
Value or Interest)
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Statement of Cultural Heritage Value or Interest
Description of the Property
The subject property, addressed as 883 Doon Village Road, is located east of Bechtel Drive and
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south of Doon Village Road. The property contains a mid-19century two-storey dwelling, a mid-
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19century one-and-a-half storey coach house (formerly used as a hog and hen barn), and a
modern garage.
Statement of Cultural Heritage Value or Interest
The property municipally addressed as 883 Doon Village Road is recognized for its
design/physical and historic/associative values.
The property located at 883 Doon Village Road is significant for its design/physical value as it
includes a c.1860s two-storey dwelling constructed in the Waterloo County Georgian architectural
style.The property also contains a one-and-a-half storey coach house that has modest
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design/physical value and displays evidence of being constructed in the mid-19century, similar
to that of the construction date of the dwelling. The coach house is an early and original feature
of the former farm complex and is representative of an early agricultural accessory structure. The
existing dwelling is the primary heritage attribute of the property and the coach house is
considered a secondary heritage attribute.
The property is significant for its historical/associative value as it relatesto the theme of early
agriculturalsettlement of Doon (now part of the City of Kitchener). The dwelling and coach house
were constructed by Benjamin Burkholder. Benjamin Burkholder was born in 1814 in Lancaster
County, Pennsylvania and settled on a farm with his family on the German Company Tract lands.
Benjamin Burkholder became a teacher in Waterloo Township, teaching in 11 different schools.
He retired from teaching in the mid. 1870s and resided on the subject lands. Benjamin Burkholder
published a weekly newspaper at Waterloo (Der Morgenstern) from 1839 to 1841.
An archaeological site identified as AiHC-491 and subject to Section 48(1) of the Ontario Heritage
Act is present within this property.It has been recommended that there is further cultural heritage
value or interest for the archaeological site. A detailed sketch/plan showing the location of the
archaeological site is available for viewing upon submitting a request to the Heritage Planner, City
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of Kitchener, 200 King Street West, 6Floor, Kitchener, ON, N2G 4G7.
No person knowing that a site is an archaeological site shall alter the site, and artifacts or any
other physical evidence of past human use or activity shall not be removed from the site without
a licence as provided for undersection 48(1)of the OHA.Under section 48(3) of the OHA, the
restriction on alteration or the removal of an artifact or other physical evidence of past human use
and activity from the sitewill no longer apply when a licensee has completed archaeological
fieldwork, within the meaning of the regulations, on the site andan archaeological report has
been provided to the Minister stating that the site has no further cultural heritage value or interest
and the report is entered into the Ontario Public Register of Archaeological Reports.
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Description of Heritage Attributes
Primary Heritage Attribute: Benjamin Burkholder Dwelling
Overall two storey massing constructed in buff/yellow brick with side-gabled roof;
Three bay front façade;
Front entrance with sidelights and transom;
Two side facades with returning eaves at the roofline and small square-shaped window
openings and wood frame windows;
All window openings and wood windows with 6x6 panes;
One storey verandah with turned posts which extends across the front of the house;
Paired brick chimneys at either end of the gable roof; and
Location in situ and orientation towards Doon Village Road.
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Single storey Coach House with wood frame and field stone construction, gabled roof, and
original loft door and window openings with wood frame windows; and
Historical and associative relationship to the Benjamin Burkholder dwelling.
Views
View of the north elevation of the Benjamin Burkholder dwelling looking south from the
private realm (on the subject lands).
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