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Staff Report
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Report To: Planning and Development Committee
Date of Meeting: February 3, 2020 Report Number: PSD-004-20
Submitted By: Faye Langmaid, Acting Director of Planning Services
Reviewed By: Andrew C. Allison, CAO Resolution#: 3'
File Number: PLN 34.1.1.4 By-law Number:
Report Subject: Proposed Heritage Designation for the Fletcher Tree (2 Church Street,
Bowmanville)
Recommendations:
1. That Report PSD-004-20 be received;
2. That the Clerk issue a Notice of Intention to Designate 2 Church Street, Bowmanville
as a cultural heritage resource under Part IV of the Ontario Heritage Act pursuant to
the provisions of the Ontario Heritage Act;
3. That depending on the response to the Notice of Intention to Designate, the Clerk
either prepare the necessary by-law or report back to Council regarding objections
received; and
4. That all interested parties listed in Report PSD-004-20 and any delegations be
DGAVI- RI C❑ R❑FI Q fUP.Eli
Municipality of Clarington
Report PSD-004-20
Report Overview
Page 2
The Municipality is responsible for the identification and conservation of cultural heritage
resources. The Fletcher Tree located at 2 Church Street is a significant copper beech tree
that has been determined to meet the criteria for heritage designation under provincial
Regulation 9/06 of the Ontario Heritage Act. An DIERLIUXassessment concluded the
Fletcher Tree is in good overall health and could be expected to have a similar presence for
another 50 to 100 years with proper care and protective measures. The Clarington Heritage
Committee recommends Council proceed with the designation of the subject property under
section 29 of the Ontario Heritage Act to ensure the Fletcher Tree is appropriately protected
and is recognized as part RI Ell] ®IUL-JWElYheritage.
1. Background
1.1. The purpose of this report is to initiate the heritage designation process for the copper
beech tree, commonly referred to as III Fletcher TreeL]The Fletcher Tree is located in
the southern portion of the lands known as 2 Church Street, east of the intersection of
Church Street and St. George Street in Bowmanville, as shown on the location map
(Attachment 1).
1.2. The Ontario Heritage Act (OHA) enables Council to protect cultural heritage resources
by (i) listing property on the Municipal Register, (ii) designating an individual property
under Part IV, or (iii) designating a heritage conservation district under Part V.
Protecting heritage value under the OHA enables the Municipality to manage change to
heritage resources and conserve identified heritage attributes.
1.3. The conservation of cultural heritage resources is directed by the Planning Act; the
Provincial Policy Statement, 2014; the Growth Plan, 2019; and the Durham Region and
Clarington Official Plans.
1.4. The Clarington Heritage Committee evaluated the Fletcher Tree and made a
recommendation to designate the subject property under Part IV of the OHA at its
November 2019 meeting. Council may designate a property under Part IV if it considers
the property to meet at least one of the criteria establishing heritage value or interest in
accordance with Ontario Regulation 9/06: Criteria for Determining Cultural Heritage
Value or Interest of the OHA. The criteria is based upon three overarching values
related to physical/design, associative/historical and contextual elements. The Fletcher
Tree has been evaluated as having heritage significance that merits designation, as
summarized in Section 2 below.
Municipality of Clarington Page 3
Report PSD-004-20
2. Discussion
Fletcher Tree Summary of Significance
2.1. The 2 1]❑15 HJ ❑( AR-1T11T❑UMFFHULMHTRP P LMHV- l-DODA't❑Cand the Planning
Services:larboristVassessment served as the framework and basis for the
recommendation for designation of the Fletcher Tree.
2.2. The Fletcher Tree is a cultivated variety of the European beech tree, commonly known
as a copper beech. The Fletcher Tree has a grand presence as it stands 30 metres tall
with a canopy spread almost as wide. It is estimated, the Fletcher Tree has stood for
over 200 years. It continues to be in good overall health and is reasonably expected to
have a similar presence for the next 50 to 100 years, provided adequate protection and
consideration to maintain its health, proper care and protective measures.
Figure 1: Photographs of Fletcher Tree, Planning Services, 2019
2.3. The Fletcher Tree acquired its moniker because this grand copper beech tree was
planted by Squire Alexander Fletcher in the front yard of his Bowmanville home. The
home itself is cited as one of the first brick homes in the area and was completed in
approximately 1812 with bricks that were fabricated on site. Squire Fletcher planted two
trees in the front yard of the home, one of which is the Fletcher Tree. The two trees
planted HJHThis and KHU/Ttrees and thought to signify love and commitment.
2.4. Squire Fletcher was among the earliest and most influential European settlers in the
area now known as Bowmanville. Subsequent to his arrival in approximately 1800, he
acquired large tracts of lands from Division Street to Mearns on both sides of King
Street. Squire Fletcher served as local magistrate for many years, was involved in the
Municipality of Clarington Page 4
Report PSD-004-20
War of 1812, and was an officer in the Durham militia. Later, Squire Fletcher became
one of the first shareholders in the Port Darlington Harbour Company.
2.5. The Fletcher Tree is among the only remaining physical elements of Squire Alexander
) MV\HU A4J E11FDdVlFR-NkEEW❑W NH CVDEWP H-M IANHDLFD. The brick house was
demolished in the 1970s and the second tree no longer exists
Key Heritage Attributes
2.6. For purposes of protection under section 29 of the OHA, the heritage resource to be
protected on this property is the copper beech tree (Fletcher Tree), including its root
zone.
2.7. The Fletcher Tree is a notable specimen, the character defining attributes of which
include:
L 7KHE13 ELSE FDIEF❑WDUR WDJHMREHUM❑❑E+Dl` :MHFLLLFDM_ ki@F\hGWUUK❑
cultivation, the leaves of which emerge a deep purple, and gradually turn greener
over the course of the growing season;
F The general size and shape of the tree; and
L The location of the tree on the property formerly inhabited by Squire Fletcher and his
family in the centre of Bowmanville, and its physical and visual relationship to its
surroundings.
The Statement of Cultural Heritage Value is included as Attachment 2 to this report.
3. Protecting Cultural Heritage Resources
Applicable Legislation
3.1. The conservation of significant architectural, historical and archaeological resources is a
matter of provincial interest identified in the Provincial Policy Statement, 2014 (PPS),
and is reinforced by the Growth Plan, 2019 and the OHA itself.
3.2. Section 2 of the PPS directs that significant cultural resources, including natural
elements and cultural heritage landscapes, shall be conserved. The Province is
currently undertaking a review of the PPS. The proposed changes relating to cultural
heritage generally consist of clarification and alignment with the amendments to the
OHA recently introduced through Bill 108, and do not appear to affect the designation of
the Fletcher Tree as a significant heritage resource. The amendments to the OHA
introduced by Bill 108 are anticipated to come into force in July 2020.
Municipality of Clarington
Report PSD-004-20
Page 5
3.3. Section 4 of the Growth Plan, 2019 identifies cultural heritage resources as valuable
assets that must be conserved in order to foster a sense of place, and benefit
communities. It is necessary to plan for growth in a manner that protects cultural
heritage resources and maximizes their benefits to make our communities unique and
attractive places to live.
Ontario Heritage Act
3.4. The OHA empowers municipalities to pass a by-law to designate a property that is of
cultural heritage significance. The Clarington Heritage Committee has made a
recommendation to designate the Fletcher Tree and its root zone.
3.5. The OHA outlines the process for designation. Should Council concur with the Heritage
❑ RP P L%HVI_WI-FRP P H❑Cifflt❑[IRUQ+MJ DAKI[Dill RWHR 4AN 1R❑ARIE FMJ ❑DN[wiII be
published in the local newspaper. A summary description of the heritage designation
process is attached to this report as Attachment 3.
3.6. Once a property is designated under Part IV of the OHA, property owners are required
to obtain consent for proposed alterations to the identified heritage attributes or changes
to adjacent property that may impact the identified heritage resource. Impacts of any
proposed development will be addressed as part of applicable planning approvals once
a development application is received. For example, tree protection measures would be
required as a condition of site plan approval.
Region of Durham Official Plan
3.7. Section 2 of the Region of Durham Official Plan sets out goals for the preservation of
KLARE D❑GIF IDGa-IIM HE17 KH15 HJ IR V 2 I I LFLDCCB ® J=i❑FR UDtJ HV-T R-IEFLURI VIH
area municipalities to use the OHA to conserve, protect, and enhance the built and
cultural heritage resources.
Clarington Official Plan
3.8. Section 8 of the Clarington Official Plan, 2018 directs the designation of cultural
heritage resources under Part IV of the OHA, with assistance from the Heritage
Committee, and the incorporation of such resources into community design and
development in support of achieving WHO ❑ELRSDBUVF-UALC HLU�U HFEF-MF1Ad W
3.9. The subject lands are within the Bowmanville East Urban Centre Secondary Plan area
and are currently designated for Medium Density Residential development. The
designation of the Fletcher Tree will help to ensure this cultural heritage resource is
properly protected and considered as part the future development of the lands.
Municipality of Clarington
Report PSD-004-20
Heritage Trees
Page 6
3.10. The Fletcher Tree is the first tree in Clarington to be considered for designation under
Part IV of the OHA in and of itself. However, other grand trees have been identified as
part of individual designations in connection with a building and recognized as part of
the Beech Avenue Bowmanville Heritage Conservation District under Part V of the
OHA as natural elements of a cultural heritage landscape.
3.11. The protection of trees as valuable components of neighbourhood character was a
recurring theme throughout the recent Neighbourhood Character Study. 7KH[6WG1V❑
Final Report included recommendations to (i) complete a street tree inventory for the
study area, and (ii) consider a pilot project for a tree protection by-law for individual
trees on public and private land. The Fletcher Tree is not within the Neighbourhood
Character Study area, however the recommendations demonstrate the valued
FRLAkEEY ER 0%HM/ VIED_LHJ IEFZIKF4RGVTKDLDP III -
3.12. The Municipal Act enables municipalities to pass by-laws that may prohibit or regulate
the destruction or injuring of trees, which can include provisions specific to heritage
trees, where defined. The Municipality of Clarington does not currently regulate or
protect individual trees on public or private property under its existing tree by-law.
F10JlL JVUV[7LFH Flaw 97-35 applies to the protection of woodlots with an area of 0.2
ha or greater south of Taunton Road II6 IP LOLO _I_I_ uWCDP -5 HJ LEZV_7LIHE11Cdaw applies
to woodlots with an area in excess of 1.0 ha.
3.13. Other municipalities have designated individual trees under the OHA. The Comfort
Maple in Pelham was the first such tree designated in June 2000. Other municipalities
such as Hamilton, Oakville, Niagara Falls, Caledon, Halton Hills, and Newmarket,
among others have since then used the same provision to protect significant trees.
3.14. While there are other tools available to municipalities to protect and commemorate
trees as noted above, the proposed designation of the property under Part IV of the
OHA is appropriate in light of the identified historical and associative significance of the
Fletcher Tree and given the absence of an applicable tree protection by-law.
4. Public Notice
4.1. Notification is required under the OHA before Council passes a by-law to designate a
property. Staff has notified the property owners of the intent to designate the Fletcher
Tree property.
4.2. Correspondence with the property owners representatives to date has related to the
impact of the designation on the future development of the property, and specifically
the extent of the radius around the Fletcher Tree that would be subject to protective
measures. Should Council proceed with the Notice of Intent to designate the property,
Municipality of Clarington
Report PSD-004-20
Page 7
Planning Services staff would work with the property owners in the context of the
appropriate planning processes to establish detailed tree protection measures.
5. Concurrence
Not Applicable.
6. Conclusion
6.1. The Fletcher Tree has been evaluated and determined to have cultural heritage value.
The Clarington Heritage Committee recommends the designation of the Fletcher Tree
located at 2 Church Street as an individual designation under Part IV of the OHA.
Should no objections be received by the Municipal Clerk within 30 days of publishing
the Notice of Intention to designate, the proposed by-law designating the property
(Attachment 4) will be forwarded to Council for approval. Alternatively, if an objection(s)
is received the Clerk will provide a report to Council.
6.2. Upon designation a bronze plaque signifying the significance of the Fletcher Tree to the
community could be designed. Planning Services staff will work with the Heritage
Committee and property owners to determine how to best recognize the Fletcher Tree
and explore appropriate protection measures.
6.3. It is respectfully recommended that Council authorizes the Clerk to proceed with the
Notice of Intent to designate the Fletcher Tree.
Staff Contact: Sarah Allin, Planner II, 905-623-3379 x 2419 or sallin@clarington.net.
Attachments:
Attachment 1 -]Location Map; 2 Church Street
Attachment 2 1 2 Church Street; Statement of Cultural Value and Heritage Attributes
Attachment 3 ❑ Heritage Designation Process
Attachment 4 ❑ Proposed Draft By-law for 2 Church Street
Interested Parties:
List of Interested Parties available from Department.
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January 2020 Attachment 2 to
Municipality of Clarington Report PSD-004-20
Fletcher Tree
Statement of Significance and list of Character defining Features
Description of Property
The lands upon which the Fletcher Tree grow are located at 2 Church Street, east of the
intersection of Church Street and St. George Street in Bowmanville. The lands are
currently vacant of buildings, but were occupied once by a two -storey brick house, circa
1812, which provided backdrop for this grand Fletcher Tree.
Statement of Cultural Heritaae Value or Interest
Age: 200+ years
Height: 30 metres
Circumference: 180 centimeters
The Fletcher Tree holds significant historical
and contextual value to Bowmanville.
This magnificent Tree was planted by Squire
Alexander Fletcher in the front yard of his
third Bowmanville home, which is cited as
one of the first brick homes in the area, and
was completed in approximately 1812 with
bricks made on site. At that time, Squire
Fletcher planted two trees, one of which is
the Fletcher Tree. The trees were planted as
"his and hers" trees, thought to signify love
and commitment. Squire Fletcher was one of
the earliest and most influential European
settlers in the establishment of the area now
known as Bowmanville. Subsequent to his
arrival in Darlington, Squire Fletcher acquired a large tract of land stretching from
Division Street to Mearns Avenue on both sides of King Street, among his extensive
land holdings.
Squire Alexander Fletcher served many years as a local magistrate, was involved in the
War of 1812 providing storage for canons and munition at his numerous properties
between Bowmanville and Kingston, and was an officer in the Durham militia. Later,
Squire Fletcher became one of the first shareholders in the Port Darlington Harbour
Company.
The copper beech, known as the Fletcher Tree, may be the only remaining physical
element of Squire Fletcher's significant contribution to the establishment of the area, as
1
January 2020
Municipality of Clarington
Attachment 2 to
Report PSD-004-20
the 1812 brick house was demolished in the 1970s, and the second tree no longer
exists.
It is noted the former house later belonged to Robert Loscombe, a prominent
Bowmanville lawyer and twice Mayor of Bowmanville, at which point the house was
known as the Loscombe House.
The Fletcher Tree itself is a cultivated variety (cultivar) of the European Beech tree. It is
commonly known as purple or copper beech, and scientifically as Fagus sylvatica
'Purpurea'. The age of the Fletcher Tree combined with its cultivar make it unique in
Bowmanville. The Fletcher Tree has a grand presence as it stands 30 metres
(approximately 100 feet) tall with a canopy spread that is almost as wide. Its leaves are
oval -shaped and glossy with wavy edges that emerge a deep purple, and gradually turn
greener towards the end of the growing season.
The Fletcher Tree has stood in this spot for over 200 years, despite the ongoing
changes and development around it, and continues to be in good health overall. It is a
grand tree representative of the early settlement of the area that would later become
Bowmanville.
Description of Heritage Attributes
Key heritage attributes that exemplify the heritage value of the Fletcher Tree include:
Age: 200+ years
Height: 30 metres
Circumference: 180 centimetres (DBH)
Other character defining elements include:
x The `Purpurea' cultivar of its age, specifically selected through cultivation, the leaves
of which emerge a deep purple, and gradually turn greener over the course of the
growing season;
x The general size and shape of the tree, including its root system; and
x The location of the tree on the property formerly occupied by the Fletcher family in
the centre of Bowmanville, and its physical and visual relationship to its
surroundings.
1►
1. Designation by Municipal Bvlav
(Section 29 of the Ontario Heritage Act)
Designation proposed l
Council consults with MHC
Council Decision: NO
Proceed with designation? Property nc
YES
Notice of Intention to Designate:
1. Served on property owner
2. Served on OHT
3. Published in newspaper
YES
Obithin K da jections wys? Objection
CRB foi
NO
r'
Council Decision:
Designate property?
YES
Designating bylaw passed &
Notice of With(
registered on title
Intention to De;
1. Served on pr
2. Served on 01
3. Published in
Notice of Designation:
1. Served on property owner
2. Served on OHT
3. Published in newspaper Property nc
Property listed on municipal
and provincial registers
Property listed on
Canadian Register
mIPP
Designating Heritage Properties • Appendix: Flowcharts
Attachment 4 to
Municipality of Clarington Report PSD-004-20
The Corporation of the Municipality Of Clarington
By -Law No. 2020 [�(XX
Being a by-law to designate the property known for municipal purposes as 2 Church
Street, Bowmanville, Municipality of Clarington as a property of historic or architectural
value or interest under the Ontario Heritage Act, R. S. O. 1990, Chapter 0.18;
Whereas the Ontario Heritage Act, R. S. O., 1990, c.O. 18 authorizes the Council of the
Municipality to enact by- laws to designate properties to be of historic or architectural
value or interest for the purposes of the Act; and
Whereas the Council of the Corporation of the Municipality of Clarington has caused to
be served upon the owner of the property known for municipal purposes at 2 Church
Street, Bowmanville and upon the Ontario Heritage Foundation, Notice of Intention to
Designate the aforesaid real property and has caused such Notice of Intention to be
published in the Clarington This Week, a newspaper having general circulation in the
area of the designation on ; and
Whereas the reasons for the designation of the aforesaid property under the Ontario
Heritage Act are contained in Schedule "A" attached to and forming part of this by-law;
and
Whereas the Clarington Heritage Committee has recommended that the property known
for municipal purposes as 2 Church Street, Bowmanville, be designated as a property of
historic or architectural value or interest under the Ontario Heritage Act; and
Whereas no notice of objection to the proposed designation was served upon the
Municipal Clerk within the period prescribed by the Ontario Heritage Act;
Now Therefore the Council of the Corporation of The Municipality of Clarington hereby
enacts as follows:
The property known for municipal purposes at 2 Church Street, Bowmanville
which is more particularly described in Schedule "B" which is attached to and
forms part of this by- law, is hereby designated as a property which has historic or
architectural value or interest under Section 29 of the Ontario Heritage Act, R. S.
O. 1990, c., O. 18.
2. The Solicitor for the Municipality of Clarington is hereby authorized to cause a
copy of this by-law to be registered against the title to the property described in
Schedule "B" hereto.
3. The Municipal Clerk is hereby authorized to cause a copy of this by-law to be
served upon the owner of the property described in Schedule "B" hereto and on
the Ontario Heritage Foundation. The Municipal Clerk also is authorized to cause
notice of the passing of this by-law to be published in the Clarington This Week, a
newspaper having general circulation in the area of the designation.
By-law passed in open session this day of , 2020
C. Anne Greentree, Municipal Clerk
Adrian Foster, Mayor
Schedule 'A'
To By-law 2020- XXX
Statement of Significance and list of character defining features.
Descriation of Proaert
The lands upon which the Fletcher Tree grow are located at 2 Church Street, east of the
intersection of Church Street and St. George Street in Bowmanville. The lands are
currently vacant of buildings, but were occupied once by a two -storey brick house, circa
1812, which provided backdrop for this grand Fletcher Tree.
Statement of Cultural Heritage Value or Interest
Age: 200+ years
Height: 30 metres
Circumference: 180 centimeters
The Fletcher Tree holds significant historical
and contextual value to Bowmanville.
This magnificent Tree was planted by Squire
Alexander Fletcher in the front yard of his
third Bowmanville home, which is cited as
one of the first brick homes in the area, and
was completed in approximately 1812 with
bricks made on site. At that time, Squire
Fletcher planted two trees, one of which is
the Fletcher Tree. The trees were planted as
-KYD❑G�KHA/LN*F "6 U KVWAI.J ELLHOL I❑
and commitment. Squire Fletcher was one of
the earliest and most influential European
settlers in the establishment of the area now
known as Bowmanville. Subsequent to his
arrival in Darlington, Squire Fletcher acquired a large tract of land stretching from
Division Street to Mearns Avenue on both sides of King Street, among his extensive
land holdings.
Squire Alexander Fletcher served many years as a local magistrate, was involved in the
War of 1812 providing storage for canons and munition at his numerous properties
between Bowmanville and Kingston, and was an officer in the Durham militia. Later,
Squire Fletcher became one of the first shareholders in the Port Darlington Harbour
Company.
The copper beech, known as the Fletcher Tree, may be the only remaining physical
element of Squire ) @M%<HE 6J CLLLFD❑ FR❑1 EA&R❑ i+AA&IEQ/KP HAM A-IIDE-DIDVO
the 1812 brick house was demolished in the 1970s, and the second tree no longer
exists.
It is noted the former house later belonged to Robert Loscombe, a prominent
Bowmanville lawyer and twice Mayor of Bowmanville, at which point the house was
known as the Loscombe House.
The Fletcher Tree itself is a cultivated variety (cultivar) of the European Beech tree. It is
commonly known as purple or copper beech, and scientifically as Fagus sylvatica
3 ❑[SLI+DI [- KH[DJ H[RI �H) &fi4HL[7 L HfW EL-IG1ID L\K W/ff❑WD❑P DN WATLH[L❑
Bowmanville. The Fletcher Tree has a grand presence as it stands 30 metres
(approximately 100 feet) tall with a canopy spread that is almost as wide. Its leaves are
oval -shaped and glossy with wavy edges that emerge a deep purple, and gradually turn
greener towards the end of the growing season.
The Fletcher Tree has stood in this spot for over 200 years, despite the ongoing
changes and development around it, and continues to be in good health overall. It is a
grand tree representative of the early settlement of the area that would later become
Bowmanville.
Description of Heritage Attributes
Key heritage attributes that exemplify the heritage value of the Fletcher Tree include:
Age: 200+ years
Height: 30 metres
Circumference: 180 centimetres (DBH)
Other character defining elements include:
❑ 7 KHr[3 7S-1+D[[F❑WDE1 FUN DJ H A/SHFLLLFD3 +CFNG-W-R J K-F-GIV- IAXH[IDD-HV
of which emerge a deep purple, and gradually turn greener over the course of the
growing season;
❑ The general size and shape of the tree, including its root system; and
❑ The location of the tree on the property formerly occupied by the Fletcher family in
the centre of Bowmanville, and its physical and visual relationship to its
surroundings.
Schedule 'B'
To By-law 2020- XXX
Legal Description:
Blocks A, B, C, D, E, G, H, I and Bowtown Court (As closed by Judges Order
Registered as N70097);
Plan 701 and Part Block 3, on the North Side of King St., C.G. HD❑tiIIJ1VPlan being a
Subdivision of Lot 10 Concession 1, Township of Darlington;
Parts 1, 2, 3 and 4 PLAN 10R659 Except Pts 2, 3 and 4 PLAN 10R3694, Parts 1 and 2
PLAN 40R23724 and Part 2 PLAN 40R23979;
Subject to an Easement AS IN B011379;
Subject to an Easement in Gross over Part 3 PLAN 40R23724 AS IN DR455654;
Municipality of Clarington
Regional Municipality of Durham
PIN 26629-0945 (LT)
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