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HomeMy WebLinkAboutDTS-06-105 - By-law under Section 37(1) of the Ontario Heritage Act1 Kd LR Development& Technical Services 6 REPORT Report To: Mayor Zehr and Members of City Council Date of Meeting: June 26, 2006 Submitted By: Jeff Willmer, Director of Planning (519 - 741 -2325) Prepared By: Leon Bensason, Heritage Planner (519 - 741 -2306) Ward(s) Involved: Ward 4 Date of Report: June 20, 2006 Report No.: DTS 06 -105 Subject: By -law under Section 37(1) of the Ontario Heritage Act to enter into a heritage covenant with the owner of the land described in PIN 22727 -2682 (LT) including 2062 Bleams Rd. for conservation of the Eby House RECOMMENDATION: That the draft by -law dated June 20, 2006, attached to Development and Technical Services Committee report DTS 06 -105, to allow the City to enter into a heritage covenant with the owner of the land described in PIN 22727 -2682 (LT) including 2062 Bleams Rd. for conservation of the Eby House be adopted. BACKGROUND: The City of Kitchener has received Draft Plan of Subdivision (30T- 05201) and Zone Change (ZC 05 /01 /B /BS) applications for a 30.84 hectare property located on the north side of Bleams Road, west of Fischer Hallman Road. The subject property includes a former gravel pit, as well as lands municipally addressed 2062 Bleams Road on which a stone farmhouse is located. City staff and the applicant are both interested in securing the conservation of the farmhouse, which was built in 1856 in the Waterloo Georgian style and is listed on Heritage Kitchener's Inventory. REPORT: Detailed engineering analysis has concluded that leaving the house `in -situ' would be difficult and the cost prohibitive given the past mining activities on part of the property and the grading challenges required to prepare the lands for subdivision development. As a result, the owner proposes to move the farmhouse to a new location within the proposed plan of subdivision. City staff is working cooperatively with the applicant in establishing long term heritage conservation measures that are proposed to be implemented through the plan of =' ' == . subdivision and zone change application process. However, the applicant is interested in moving the farmhouse to a new location under the more favourable weather conditions of the Summer, before Council's consideration of the subject applications. Though the farmhouse has been identified as a good candidate for being relocated, it is possible that the farmhouse could suffer damage during the move. As a result, City staff is interested in taking a letter of credit from the owner as a security to pay for the cost of any repair, restoration or reconstruction of the building's heritage attributes required on account of its move, and to ensure its structural soundness. The owner has agreed to provide the City with such letter of credit. The most appropriate mechanism through which the City can receive a letter of credit for heritage conservation purposes, is through a covenant entered into with the property owner under the Ontario Heritage Act. Section 37 (1) of the Ontario Heritage Act enables municipal councils to enter into easements or covenants for the conservation of property of cultural heritage value or interest. In accordance with the Act, before entering into the covenant, Council shall consult with its heritage advisory committee and then pass a by -law providing for entering into a covenant. Heritage Kitchener was consulted at the Committee meeting of June 6t" 2006, and was fully supportive of the City entering into a covenant with the owner of 2062 Bleams Road. In passing a by -law providing for the entering into a covenant, the City will be giving no assurance that the subdivision plan proposed for the subject property will be approved by the City, nor is the possibility of such approval increased on account of the owner entering into the covenant. City Staff anticipate that the proposed covenant will be temporary and that the obligation of the owner pursuant to the covenant will end upon the successful relocation of the farmhouse and /or the repair /restoration /reconstruction of damage caused to its heritage attributes on account its move, and confirmation of its structural soundness following its relocation. FINANCIAL IMPLICATIONS: No new or capital budget requests are associated with the recommendation made in this report. Should the covenant be registered on the title of the lands, the cost of the registration and release would be approximately $142.00. CONCLUSION: In order to secure the obligation of the owner to repair, restore or reconstruct the heritage attributes of the subject farmhouse should they be damaged or destroyed during the move to its new location, and to ensure its structural soundness, the owner of the farmhouse located at 2062 Bleams Road has agreed to provide the City with a letter of credit and enter into a covenant. In accordance with the Ontario Heritage Act, Council is required to pass a by -law providing for entering into a covenant for conservation purposes. Accordingly, City staff recommend approval of the draft by -law attached to report DTS 06 -105. Leon Bensason, MCIP, RPP Heritage Planner ATTACHMENTS: Jeff Willmer, MCIP, RPP Director of Planning Draft by -law dated June 20, 2006 to allow the City to enter into a heritage covenant with the owner of the land described in PIN 22727 -2682 (LT) including 2062 Bleams Rd. for conservation of the Eby House. APPENDIX `A' Draft June 20, 2006 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by -law to allow the City to enter into a heritage covenant with the owner of the land described in PIN 22727 -2682 (LT) including 2062 Bleams Rd. for conservation of the Eby House) WHEREAS section 37(1) allows council of a municipality to pass a by -law providing for the entering into of covenants with owners of real property for the conservation of property of cultural heritage value or interest; AND WHEREAS there is a house located on land described in PIN 22727 -2682 (LT) on the portion of that land municipally known as 2062 Bleams Rd. in the City of Kitchener (the "Eby House "); AND WHEREAS Council and the owner of the Eby House recognize that the Eby House is a structure of cultural heritage value or interest; AND WHEREAS the municipal heritage committee in Kitchener known as Heritage Kitchener supports the entering into of a covenant with the owner of the Eby House to conserve the Eby House; AND WHEREAS Council and the owner of the Eby House wish to conserve the Eby House; NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as follows: 1. That the Mayor and Clerk be authorized to enter a heritage covenant with the owner of the Eby House, satisfactory to the City Solicitor and authorize staff to take such steps as may be necessary to register the heritage covenant against the real property affected. PASSED at the Council Chambers in the City of Kitchener this of , A.D. 2006. day Mayor Clerk