CD- 2013- 05

Niagarafalls August 13, 2013

REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls,

SUBMITTED BY: Clerks Department

SUBJECT: CD- 2013- 05 7565 Lundy' s Lane

RECOMMENDATION

That Council direct staff to proceed with the steps to repeal the designating by-law (2010- 90) as per section 31 of the Ontario Heritage Act

EXECUTIVE SUMMARY

The property known as 7565 Lundy' s Lane and related building, has been the subject of numerous reports since 2005. Council' s various past motions have included demolition.. designation, rezoning and putting the property for sale on the open market. If Council is intent on demolishing the building for expanded cemetery services, it will be required to repeal the by- law which designated the property as having a cultural heritage value. The first step to repeal is to consider the recommendations of the Municipal Heritage Committee, which are the subject of report PBD- 2013- 51. If Council decides to continue with repeal of the by- law, the provisions under the Ontario Heritage Act are to be followed.

BACKGROUND

The property. and more specifically the building at 7565 Lundy' s Lane. also known as the former school at Green Corner' s and, most recently, the former Parks & Recreation Building, has been the subject of more than a half a dozen staff recommendation reports and close to a dozen motions by the various Councils of the day since 2005. The approved Council motions over the years have included demolishing the building, investigating adaptive re- uses for the building, not demolishing the building, putting the property on the open market, rezoning the property for tourist commercial uses, designating the property under the Ontario Heritage Act, taking the property " off the market" and, most recently, removing the heritage designation to allow for demolition of the building. The history of these various motions is laid out in the first attachment.

Some other important background points related to the property: a study requested by the Municipal Heritage Committee was prepared outlining the history, architecture and design of the property and building, which formed the basis of the Statement of Cultural Heritage Value for the designating by- law, as outlined in PBD- 2013- 51, also a part of tonight' s Council agenda. An appeal to the designation was launched by various members of the Lundy' s Lane BIA, however, the appeal was withdrawn before a hearing, under the Ontario Heritage Act before the Conservation Review Board, took place. Although the BIA' s preference was the original staff recommendation of demolition, which included a beautification gateway, the appeal was withdrawn after assurances that any future use of the property would have to maintain the heritage attributes of the building. August 13, 2013 2 - CD- 2013- 05

With regard to the proposal by Mr. Felix Pingue, local business person, Council rejected Mr. Pingue' s proposal in 2009. A report at the time outlined the three options available to Council: Mr. Pingue' s proposal, building demolition and putting the property on the open market. Council approved getting the property appraised, putting it on the open market with a reserve bid with notice of Council' s future intent to designate the property. It was indicated at the time that Mr. Pingue could make an offer when the property was listed for sale. The appraised value of the property at the time was $ 216, 000. In fairness to Mr. Pingue, the property was never formally put on the market for him to make an offer, as Council passed a motion in February 2011 directing staff to not include the property with others it was putting on the market at the time ( the decommissioned arenas). Despite not "officially" being on the market, some parties have expressed an interest and toured the building, even since Council' s recent motion to demolish. The building, however, remains in much the same state as when the Parks, Recreation and Culture department vacated. The property has never been made presentable for the intent of staging it to sell.

ANALYSIS/ RATIONALE

If Council is intent on following through on the motion from June 25`", to demolish the building to develop cemetery plots, the historical designation on the property needs to be repealed. The process to repeal a designating by- law is set out in section 31 of the Ontario Heritage Act (see flowchart attachment).

The first step requires Council to consult with the Municipal Heritage Committee MHC), Council' s advisory committee on heritage matters. MHC' s recommendation is set out in report PBD- 2013- 55, namely, that the designating by- law not be repealed, as the heritage attributes remain, and that any decision to demolish the building is deferred until further investigation into the adaptive re- use of the building is explored.

If Council chooses to reject MHC' s recommendation, notice of intent to repeal the by- law would be published in the newspaper and sent to the Ontario Heritage Trust. The thirty 30) day notice period would allow for appeals to the Conservation Review Board ( CRB). An appeal( s) could lead to a hearing and report by the CRB. Council would only have to consider the CRB' s decision, but it is not bound by it. Regardless, the repeal of the designating by- law could take some time.

FINANCIAL/ STAFFING/ LEGAL IMPLICATIONS

If it is Council' s intent to proceed with the repeal of the designation by- law, it is to follow the process outlined in the Ontario Heritage Act.

CITY' S STRATEGIC COMMITMENT

Review policies and service delivery with respect to the changing demographics of Niagara Falls. August 13, 2013 3 - CD- 2013- 05

LIST OF ATTACHMENTS

Chronology of recommendations and motions by Council re: 7565 Lundy' s Lane R- 2009- 14 Repeal of a Designating By- law Flowchart

Recommended J by: f J"` / IL-- Dean lorfida, City/Clerk

Respectfully submitted: 4tAttAi Ken odd, Chief Administrative Officer

DI Date: May 2005

Staff Recommendation: To accommodate expansion to the Lundy' s Lane cemetery, the building be demolished.

Council Decision: Deferral because of interest expressed by Niagara Falls Tourism.

k k #

Date: June 2006

Staff Recommendation: Expand Lundy' s Lane cemetery, demolish the building and enhance beautification through a gateway feature in conjunction with the Lundy' s Lane BIA.

Council Decision: Deferral at the request of the Municipal Heritage Committee to investigate the " adaptive re- use of the building".

Date: June 2007

Staff Recommendation: Expand Lundy' s Lane cemetery, demolish the building but incorporate brick and stone work into the beautification gateway feature in conjunction with the Lundy' s Lane BIA.

Council Decision: Staff recommendation approved but prior to demolition, a local businessman, Mr. Felix Pingue, made a plea to save the building. The matter was referred to staff and Council passed a motion to not demolish the building in the interim

Date: June 2008

Staff Recommendation: That the building not be demolished, that an offer be sought from Mr. Felix Pingue to refurbish the building, at no cost to the City, and that a detailed building end use plan, outlining specific space utilization, be provided

Council Decision: Staff recommendation approved. Date: April 2009

Staff Recommendation: A staff report is presented outlining the pros and cons of the Pingue Proposal, the cemetery expansion proposal and putting the property on the open market.

Council Decision: That the building be appraised, put on the open market with a reserved bid, with notice of the future intention to designate the building under the Ontario Heritage Act.

Date: October 2009

Staff Recommendation: A City initiated zoning by- law amendment is heard to permit the property to be used for tourist commercial and office space uses from open space.

Council Decision: Zoning by- law amendment approved. Council reiterates its intent to designate the building under the Ontario Heritage Act.

Date: June 2010

Staff Recommendation: That Council pass the by- law designating the property as a building having cultural value or interest. The by- law comes forward after City staff met with the objectors from the Lundy' s Lane BIA to review future use opportunities and commercial potential for the building. Subsequently, the objectors withdrew their objection allowing the by- law to come forward

Council Decision: The designating by- law is approved.

Date: August 2010

Staff Recommendation: 7565 Lundy' s Lane be declared surplus and the building be sold subject to a reserved bid of $216, 000.

opposed. Council Decision: Staff recommendation approved. Three councillors Date: February 2011

Staff Recommendation: Sale of various City lands be conducted on " as is, where is" terms on a staggered basis.

Council Decision: Council directs staff not to include 7565 Lundy' s Lane in the sale of City properties. No rationale given.

Date: June 25, 2013

Staff Recommendation: That the heritage designation be removed from the former Recreation Building and that it be demolished develop 400 cemetery plots with a corner Columbaria / Gateway beautification initiative.

Council Decision: Council votes in favour of the recommendation 5- 3. April 6, 2009 R- 2009- 14 r

NiagaraPalls

Councillo- Caroi: nn loannoci Chair anc Ven'be' s of the Community Services Comm' ltee City c` Niagara Fails. Ontario

Pit er be- s

Re: R- 2009- 14 Recreation Property & Building End Use

RECOMMENDATION:

fret Council : noose their preference of the three options proposed for tee forme' Recr erior buildirg located at 7535 _ undys Lane-

BACKGROUND: Ai. vitt. r3434;'4: 11 313 34;' 441:441: 44 I.:-:I.: 324: ro

Past Reports/ Decisions

n ": 1a.. 2'205, staff firs', prepared a recommendation - eport on the end use of the former Recreation bu Id ng located at 7565 Lundy Lane To accommodate expansion to the Lund/ s Lane cemetery, tee report recommended demolition of the budding. Ccunc:• cote- reo a decision _after nterest in the building was expressed Ty' Niagara FalsTaurism.

r Jute 20!,96. staff returned w' th a recommendation report. After consultation rnth the Lundy a Lane BIA, staff oor tlnuec to recommend tie expansion of the Lundy' s Lane Cemetery, however, with the accommodation of a pedestran gateway which wood enhance oeau: ifloat on. The report was deferred after a request oy the tutuciopa Her: age Committee to investigate the ' adaptive re- use or tee pudding'.

r 201. gar 3 recommendations - mainec c carte as: he r2scr-_-n eeiws:; ear oonsulta: icr .vita tee Municipa Heritage Committee,: t was assured that brick and stone work from the buildrnc. vnuld 7e incorporated Into the des gn arc la- dscaco features or the

Ceunci; approved the recommencations container to the Jane 25C% report_. I lowever, prior to tee scheb, sled der- oiit: oe of Ire t: u: id ng a ocal busiressmar, '. Ar = elix a.ngue, made a e ea to sate t-- e oui' dirg. The maderwas ref=- red to staff and Council passed a motion is not demo ish the oulld rig in the ' nterm.

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In June 2008. an update report was provided that recommended that the building not be demolished. that an offer be sought from Mr. Felix Pingue to refurbish the building, at no cost to the City, and that a detailed building end use plan, outlining specific space utilization, be provided.

In light of budget delioerat ons. it is prudent to seek some final resoiutior to the long- standing issue of end use of the former Recreation building.

Overview of Pingue Proposal

the building would have some commercial business space for uses such as an insurance business or law firm Pingue Construction would maintain an office for heir adminstrative functions. Community. meeting spaces would be available on the lower floor( basement) and incude a new" cultural room" Heritage space would accommodate public and private art or museum- like collections.

nine parking spots would be provided.

A rew d- iveway entrance from Lundy' s Lane is proposed

two ground signs and rent from potential tenants would provide revenue for the

operation.

despite potential sign anc rent revenue. the building would be operated cn a - break even bas' s" with any revenue going into a reserve fund to support potential building- related costs in future years.

the City would supoort the annual building operating costs associated with taxation and building/ property insurance.

the City would maintain ownership of the building with a long- term lease( 50 years; entered into with Mr Rogue or a related company.

Overview of Cemetery Proposal

the removal of the existing building allows for the expansion of the cemetery adjacent Lundy' s Lane cemetery', which could provide oetween 257 to 305

additional craves.

a pedestrian gateway feature and enhanced corner landscape woad be developed in conjunction with the Lurdys '.Lane BIA. The BIA would financially contribute to

the project costs

Open Market Proposal

Senior staff also discussed the possibility of declaring the property surplus which was an option for property end use In 2003- study by BMA It would only ae sod with the provision of a minimum reserved cid equal to the net revenue estimated under the Cemetery proposal April 6, 2009 3• R- 2009- 14

Pros & Cons of the Three Proposals

PINGUE PROPOSAL

PROS CONS

A ouilei- g that nas had histor cal uses s • The property zoned Open Space. wh. cb ma maned- limits the use of tre building to cemetery. The building 2mains for commun ty use hospital. recreational uses, reiiglous The proponent has stated h s nterl to institution and School_ nvest$ 260, 000 into the Cuilding. A zoning by- iaw amendment for toe intended Ofr, The cial Plan dentiT, es the area as uses would be required General Commerc a: t GC„ it keep ng • Tne proposed driveway access from Lundy s I with toe proposal Lane ' s unlikely to be supported by the Parking appears sufficient lc- intendea Region, the road autnor.ty use. Any taxes realized by the new uses is to be absorbed by the municipality_ No revenue for the City. as envisioned n the othe- two options. The property would remain on the City' s hst of properties it maintains, but ' rom wh, cn the C ty does not realize revenue. The refurbishment of the build ng for continued use and - e occupancy will require a management play to detail how any hazardous mate• ials will be managed or apatec. including asbestos, lead, and moid The proposal may be viewed as ° bonusing" order the Municipal Acr. as a private individual v,tl derve a benefit from the

oroocsa.. April 6, 2009 4- R- 2009- 14

CEMETERY PROPOSAL

PROS CONS

Expanding the cemetery would meet the • The Former Recreation building w II be current Open Space zoning. demolished. Ar environmental assessment paid for • In light of be fiscal challenges berg faced in by the C ty has been completed 2009, the gateway feaure may be : oo specifically to the demolitor of the expensive and no longer a priority project. building The gateway proposal and enhanced landscaping prov de beautification and g- een space ' n this towns: condor. Partial fording would be provided by the urdy' s Lane B A. There is a demand for more cemeteryy plots at _ undy' s Lane cemetery. 305 graves would represert new maximum net revenues of approximately S'. 95, 000 to cemetery services. Local funeral homes are in favour of be

nitiative.

OPEN MARKET PROPOSAL

PROS CONS

The Official Plar identifies the area • The former Recreation building could be as General Commercial ( GC), which demolished depending on the future use. may entice interest in the property. • The property is zoned Open Space and The proeerty is located in a busy would require a zoning by- law commercial area. amendment for commercial uses. An environmental assessment paid • The property may need to be ' up zoned' for by the City has been completed by the City to be truly marketable. specifically to the demolition of the • Putting the property on the market would bu Iding. prevent cemetery exoars' on or Sale of the property would p- ovide beautification efforts. one- time revenue for the Access ssues may preclude certain mupipipa ity. development. Putting the proeerty on the open No appra' sai has been done to date. market would al: eviate any concerns o` ' conusirg" The property would be removed from the City s inventory of buildings requiring maintenance and upKeep. The building could conceivably. be maintained in its current form if a buyer is so inclined. Mr. Pingue could still bid on the

property. April 6, 2009 5- R- 2009- 14

CONCLUSION:

The matter of tie end use of the City- owned building at 7565 Lundy s Lane has long been studied, discussed and debated. Staff has outlined what we view as the three available options for the property Obviously, all of the options offer pros and cons and it will oe for Council to weigh the merits and provide direction to staff on how they wish to proceed.

Recommended by re rl 145. Denye Morrisse irecto of Parks. Recreation & Culture

oproved by Ed Dujlov1c, Executive Director of Community Services

74 P 0 1, 03r: Y k 05 - 7 s. giatr n,.. 6 - April 6, 2009 Council Minutes 6 Niagara Child and Youth Services Foundation- Requesting that the week of May 2- 9. 2009 be proclaimed as` Children' s Mental Health Week" in the City of Niagara Falls

RECOMMENDATION For the approval of Council

ORDERED on the motion of Councillor loannoni seconded by Councillor Thomson seconded that the request be approved. Carried Unanimously

Ontario Coaches Week - Requesting that April 18" - 26'", 2009 be proclaimed as Ontario Coaches Week" in the City of Niagara Falls

RECOMMENDATION. For the approval of Council.

ORDERED on the motion of Councillor loannoni seconded Dy Councillor Thomson that the request be approved.

Carried Unanimously Canadian Mental Health Association - Requesting that May 4- 10. 2009 be proclaimed as " Mental Health Week' in the City of Niagara Falls and that Council support a flag raising during that week.

RECOMMENDATION For the approval of Council

ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the request be approved

Carried Unanimously

REPORTS

RATIFICATION OF COMMUNITY SERVICES COMMITTEE MATTERS

ORDERED on the motion of Councillor loannoni, seconded by Councillor Maves that the actions taken in Community Services Committee. on April 6 2009 be approved. Carried Unanimously

1 The minutes of the March 23, 2009 meeting be approved.

2 MW- 2009- 21 - DWQMS Operational Plan with Presentation

11 That City Council endorse the Drinking Water Quality Management System Operational Plan. and 2) That staff be authorized to make the appropriate application to the Ministry of the Environment prior to May 1, 2009

3 BS- 2009- 01 - House moving concept in partnership with Niagara Regional Housing Niagara Region, Niagara Catholic District School Board, Ed and Ruth Ann Nieuwesteeg and the City of Niagara Falls

That the City provide grants equal to land costs, various permit costs and to assist in dealing with Hydro and the Niagara Regional Police

4 R- 2009- 14- Recreation Property and Building End Use Update

That the former Recreation Building be appraised, put on the open market with a reserved bid, with notice of the future intent to designate 4 Repeat of Designating Syia; i, Council' s Initiative Section 31 of the Ontario Heritage Act)

Repeal proposed

Council consults with MHC

N Council Decision. Bylaw not repealed Proceed with repeal?

Notice of Intention to Repeal: 1. Served or property owner 2. Served on OHT 3 Published in newspaper

Objection referred to Objections within 30 daysn Notice of Hearing CR8 for hearing I published in newspaper

CPR hearing and repent

Council Decision: Repeal bylaw? Ccuncil considers CP6 Report

Repeal bylaw passed& I Notice of Withdrawal of registered nn cite Nfencan to Repeal: 1 Seed on property outer 2 Served on 01- 4T 3. Published ut newspaper

Notice of Repeal: 1 Served an onoper y owner 2 Served rx OHT

3. Published in newspaper Bylaw not repealed

Property removed from municipal and provincial registers

Property removed from Canadian Register

Designating Heritage Properties• Appendix: Flowcharts Dean Iorfida

From: Marco Pingue < mpingue @cogeco. ca> Sent: Tuesday, July 02, 2013 5: 14 PM To: Dean forfida Subject: RE: Demolished Recreation Building

Thanks Dean'.

I will pass the info onto my Dad.

Regards

Marco

Original Message From: Dean Iorfida [ mailto: diorfida @niagarafalls. ca] Sent: Tuesday, July 02, 2013 4: 43 PM To: ' Marco Pingue'; Jim Diodati; Alex Herlovitch; Ken Todd Cc: ; ioanonni @niagarafalls. ca; vince @overlookingthefalls. com; Bart Maves Cogeco Account; Joyce Morocco; Victor Pietrangelo; Wayne Thomson Fallview Account; Janice Wing Cogeco Account Subject: RE: Demolished Recreation Building

Felix( and Marco):

Further to our discussion today part of the requirements to " de- designate" the old Recreation Building will be for Council to formally hear from its Municipal Heritage Committee ( MHC).

recort from the , TlHC is slated for the August Council meeting That would be the appropriate meeting for you to address Council and I wlll list you for that agenda ( August 13;.

In the meantime. will get you the documents you requested before the end of the week.

Thanks

Dean

Dean Iorfida, City Clerk Niagara Fails 905- 356- 7521, ext. 4271

905- 356- 9083 (( Fax)

From: Marco Pingue [ mailto: mpingue @ cogeco. ca] Sent: Monday, July 01, 2013 4: 39 PM To: Jim Diodati Cc: Dean Iorfida; Wayne Gates; ioanonni @niagarafalls.ca; vince @overlookingthefalls. com; Bart Maves Cogeco Account; Joyce Morocco; Victor Pietrangelo; Wayne Thomson Fallview Account; Janice Wing Cogeco Account Subject: Demolished Recreation Building

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