The Committee considered Development Service Department report DSD-2024-243, dated May 22, 2024, regarding the notice of intention for partial demolition for the circa 1920-1930 addition and the two circa 1960 additions located on the property municipally addressed as 236 Gehl Place and allowing the notice period outlined in the Ontario Heritage Act run its course. The Committee was also in receipt of an internal memo dated June 10, 2024, entitled DSD-2024-261 Notice of Intention to Designate 236 Gehl Place under Part IV of the Ontario Heritage Act, Revised Staff Recommendation.
Michelle Drake, Senior Heritage Planner, presented Report DSD-2024-243 and Report DSD-2024-261 concurrently related to the property municipally addressed as 236 Gehl Place. M. Drake provided an overview of the recommendation contained in Report DSD-2024-243 noting that the additions that have been constructed on the original dwelling at the subject property do not provide any heritage significance to the original heritage dwelling, noting the staff recommendation related to the partial demolition is to allow the notice of intention to run its course and allow the demolition to proceed. Further, M. Drake then spoke to the Notice of Intention to Designate, as outlined in Report DSD-2024-243, noting a memo was circulated to the Committee in advance of the meeting, advising that staff are no longer recommending pursuing the heritage designation for the property municipally addressed as 236 Gehl Place at this time. M. Drake stated since the agenda was published, the Province of Ontario passed Bill 200, Homeowner Protection Act, 2024 received royal assent on June 6, 2024. M. Drake indicated with this new information, Heritage Planning staff believe a Heritage Conservation Covenant Agreement or the Heritage Conservation Agreement can be used to conserve 236 Gehl Place during the Site Alteration Permit process. M. Drake indicated; staff are now proposing the following recommendation, rather than pursuing the Notice of Intention to Designate at this time:
"That pursuant to Section 37(1) of the Ontario Heritage Act, City Council authorize the entering into of a heritage conservation covenant or easement agreement with the owner of 236 Gehl Place in a form and content satisfactory to the City Solicitor and the City’s Director of Development and Housing Approvals; and further,
That the draft by-law dated June 10, 2024 attached to Development Services Department Internal memo dated June 7, 2024 as Appendix ‘A’, to allow the City to enter into a heritage conservation covenant or easement agreement with the owner of the lands described as LT 144 GERMAN COMPANY TRACT KITCHENER; PT LT 143 GERMAN COMPANY TRACT KITCHENER AS IN 368142, T/W 368142 PARTIALLY RELEASED BY WR154625; KITCHENER (being all of PIN 22728-0027 (LT)), and currently municipally addressed as 236 Gehl Place, for the conservation of the log house, be adopted."
Vaughan Bender and Alex Robinson, Schlegel Urban Developments, spoke to the history of the dwelling, noting no concerns with the staff recommendation. V. Bender stated Schlegel Urban Developments have tried to be good stewards of heritage conservation in the past, stating that it is recognized that the dwelling is of heritage significance, that while site alteration is being proposed, the full scope of development for the property is still to be determined. Heather Price, GSP Group Inc. addressed some concern with pursuing heritage conservation at this time, noting while they are in support of the staff recommendation, it is in absence of a development application and the future of the site is still to be fully determined. H. Price noted there are significant changes that are proposed for the larger parcel surrounding the property, noting the potential need for a school site, that may impact the final location of the heritage dwelling in relation to the entire site.
In response to questions, M. Drake noted a Heritage Conservation Covenant or Easement Agreement is intended as an interim process to allow further development to occur prior to proceeding with heritage designation. Councillor C. Michaud questioned whether an agreement of this nature would delay the development process. M. Drake indicated there has not been a development application submitted for the subject property to date. M. Drake stated the applicant is aware of heritage studies that will be required prior to their ability to demolish the existing additions and potential relocation of the dwelling.
In response to questions, V. Bender noted they are currently in the process of completing the Site Alteration approvals. V. Bender stated support of a Heritage Conservation Covenant agreement, noting that was something they had completed in the Eby Estates Subdivision, which included the conservation of a heritage dwelling that was located within that development. V. Bender commented that the full scope of the proposed development is still to be determined, indicating they will continue to work with City staff to assess options for the heritage dwelling to determine where it will ultimately end up being located.
Councillor D. Chapman questioned whether there were any interior attributes that previously existed. R. Anderson indicated one bedroom is still in its original condition this date.
Councillor D. Chapman questioned whether the development will be brought back to Heritage Kitchener for further consideration, specifically if a new location for the house is identified. M. Drake noted it is anticipated that a future development application will be required, which would necessitate a Heritage Impact Assessment (HIA), stating the Committee would have an opportunity to provide feedback on the HIA at that time. Councillor D. Chapman stated it would be her preference to see the dwelling be located on or close to its existing location.
It was noted any recommendation arising from this matter would be forwarded to Council on June 24, 2024.
Moved by Councillor D. Chapman