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7565 Lundy's Lane CD- 2013- 05 Niagarafalls August 13, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario 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.
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