Legal concerns delay decision on Stedman’s building in downtown Liverpool

Eric Fry speaks during a public hearing Wednesday on proposed changes to the Region of Queens land use bylaw. (Region of Queens YouTube)

It will take a little longer to find out if the old Stedman’s building on Main Street in Liverpool will have a new life as an apartment complex.

The Region of Queens held a public hearing on Wednesday on proposed changes to the municipality’s land use bylaw that would allow for more residential space on the ground floor of buildings in the downtown commercial district.

At their meeting afterward, councillors voted to seek legal advice on whether they have the authority to make one of those changes.

Developer Eric Fry wants to turn 194 Main St. into 18 residential units, four of which would be “hotel suites”, and two main-level commercial units of 300 square feet each.

Fry bought the 30,000-square-foot building earlier this year and has been trying to get municipal approval for his apartment proposal since February. His original plan was for 16 residential units, indoor parking, storage and no commercial space. Councillors refused to change the bylaw to allow that to proceed.

After Fry listed his property for sale, the region’s planning advisory committee agreed to consider a revised a proposal and return it council.

Municipal rules require that at least half of a building’s ground floor must be commercial space.

On Wednesday, Fry spoke briefly in support of the bylaw changes. Four Liverpool residents spoke against them.

Tara Druzina said she wasn’t sure whether councillors had the authority under the Municipal Government Act to dictate who uses space in a building. A proposed change would forbid the owner or property manager from using one of the commercial spaces as an office.

“Municipalities regulate land-use types and their characteristics, but discriminating against and between identical uses based on ownership arrangements may exceed municipal jurisdiction,” she told councillors.

Denaige McDonnell said she was concerned that councillors were missing the mark in trying to change the bylaw.

“A common argument for expanding residential use is that there isn’t enough demand for commercial space, but deeper issues are at play here,” she said.

“
Many of our commercial buildings simply do not meet current building code, accessibility, or safety standards that are required for occupancy or for commercial use. And really what that’s telling us is that it’s not a demand problem, but it’s a readiness problem.”

McDonnell said the region is trying to change its bylaw to appease one property owner without having a comprehensive commercial plan.

“Structural changes like this need to be informed by clear, data-driven, county-wide strategy, not as reactions to individual development proposals.

“This proposed bylaw change may offer a short-term perception of flexibility and reward a single proponent, but it comes at a long-term strategic cost. Our commercial spaces are a very valuable part of our community. 
They are our most valuable assets for the future, and they deserve to be protected, planned and leveraged as part of a larger vision for economic sustainability.”

Susan McGibbon said she was worried the process is moving too quickly without a proper assessment of business in downtown Liverpool. 

“I’m not saying that is your fault, council. This goes way back. 
There’s been no development of an economic plan for the downtown for a very long time. So there’s no research, there’s no data, and there’s been little to no expertise in the understanding of commercial and retail in the downtown.”

Paul Deveau pointed out that during public consultations in the spring, residents and business owners said that there needed to be a downtown plan that protects commercial space while adding more housing.

“But here we are a few months later, and you’re again trying to amend a bylaw without a comprehensive plan.” 

Later in the meeting, councillors decided that they couldn’t make a decision on the proposed changes until they got legal advice.

Mayor Scott Christian asked whether staff sought advice on the wording around what landlords can do with the commercial space. 

Staff conceded they had not.

Council asked staff to have that information ready for their next meeting on Nov. 25.

Until then, the land use bylaw remains unchanged. Any substantive changes would likely restart the process and require council to have another public hearing.

Once councillors voted for a legal opinion, Christian called a break and met with Fry in his office for about 15 minutes.

Afterward, Fry told QCCR that he appreciated residents’ comments and their passion for the downtown. He said he understands that council has to make sure they have authority to make the changes.

“It’s unfortunate that this wasn’t flushed out as maybe as thoughtfully as it should have been. So, I understand there is a process to remedy, so we’ll have to wait until we hear what those next steps are.” 

Email: rickconradqccr@gmail.com

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Small turnout, strong opinions at first session on downtown Liverpool development

Ryan MacLean with UPLAND Planning and Design Studio explains the options regarding a proposed change to how residential developments are handled in downtown Liverpool. (Rick Conrad)

It was a small turnout for the first public engagement session about a proposed change to downtown development in Liverpool.

Developer Eric Fry wants to turn the old Stedmans building at 194 Main St. in Liverpool into 16 apartments. 

The Region of Queens land use bylaw allows residential development downtown only in buildings with a primary commercial use.

Three options are on the table for the public to consider: to allow residential developments in the commercial district as a main use by right, to allow them by development agreement which would require council approval, or to stay with the status quo and reject any amendments to the bylaw.

The first drop-in session on Tuesday evening was geared toward the business community. The second session is focused on hearing from residents. That is scheduled for Thursday from 5 to 8 p.m. in the community room at Queens Place Emera Centre. There is also an online survey available.

The region hired UPLAND Planning and Design Studio from Halifax to lead the public engagement. Two representatives from that company were at Tuesday’s session, along with Mike MacLeod, the region’s director of land use.

Ryan MacLean, an engagement manager with UPLAND, said they’ve already heard a variety of opinions.

“People have expressed great support for any opportunity to increase residential development, expressing their concerns around the housing crisis, but then we’ve also heard concern around the potential for if you permit more residential uses, then it could erode the commercial character of the downtown.”

Beach Meadows resident Mary White is a member of the region’s planning advisory committee, which recommended having the public sessions.

She doesn’t want the bylaw to change. And she said she’d like to see the region do more to support local businesses.

“I think that we need to maintain the commercial spaces on Main Street and I think that we need to decide as a community what we want the future of our community to be. And if that’s to have a main core then we need to support that. And as a municipality, I would hope they would get together and decide some intitiatives to help the (businesspeople) that are there that have been struggling and hanging on for so long.”

Rigel Jones, executive director of the South Queens Chamber of Commerce, said she was staying open-minded about any changes to downtown development.

“I know the feedback we’ve gotten from members in the chamber is they’re struggling with foot traffic and that having more residents on main street could change that.”

Liverpool resident Paul Deveau said he’s against the bylaw change, though he’s in favour of more residential development on Main Street.

“I firmly believe that, yes, we should allow some apartments to be built down there under the current use. All across Canada municipality have come up with urban plans for their main streets. … It’s a work-live-play. So they should have apartments on top of these businesses but still have the businesses stay. The moment you start allowing them to be converted into residential that’s the moment that all the street is going to be turned into residential because that’s where they’re going to make the most money.”

He said he’s happy the municipality is “finally” having some public engagement, but said two sessions aren’t enough for such a significant discussion.

The consultants will prepare a report for council by the end of June. The region’s planning advisory committee will then review the report and make recommendations to council.

If there are proposed amendments to the land use bylaw, councillors would vote on those. If they’re approved initially, then there would be a two-week notice period for a public hearing to be held before the final vote.

Email: rickconradqccr@gmail.com

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New apartments planned for downtown Liverpool in old Stedmans building

Eric and Dawn Fry are hoping to build 16 apartments in the old Stedmans building on Main Street in Liverpool. (Rick Conrad)

A developer is hoping to turn an old storefront on Liverpool’s Main Street into apartments.

Eric and Dawn Fry of Fall River bought 194 Main St. in January and hope to turn it into 16 one-bedroom and two-bedroom rental units.

Eric Fry told QCCR that they applied a few weeks ago to the Region of Queens to allow for apartments on the ground floor. The region’s land use bylaws permit residential units on Main Street only in buildings with a commercial storefront.

“We would rather see it as 100 per cent residential because there’s more of a need in that area for residential than for additional commercial space because there’s a fair amount of vacant commercial space on Main Street.”

The property is known locally as the old Stedmans building. Before it was bought by the Frys, it sat vacant for a few years and was heavily damaged by extreme weather. And before that, it housed a dollar store and office space on the ground floor.

Fry said Tuesday that they’re also planning indoor parking, which would be accessed on the Water Street side at the back of the building.

“We’re hoping that there won’t be any or too much opposition to what we’re trying to do because we know that there’s a need for housing there and I think this would lend itself nicely. … So it could be a pretty desirable development when it’s completed.”

Tenants recently moved into the couple’s other development, The Falls in Milton, located on the Mersey River. That building is full and targeted to people 55 and over.

This new development would be marketed to a more mixed demographic. Fry says he hopes to attract health care or other professionals. And two or three units could qualify as affordable housing.

According to Viewpoint, the 30,000-square-foot building sold for $235,000 after almost a year on the market. Fry said it’s too early to estimate the budget for the project or what the rents will be. 

“The two criteria that I typically use are location and potential. And I think that’s got both in spades. It’s very central and a lot of potential. It took a little creativity with our design team and our construction manager to work through a feasible plan, in order to make it all accessible. We’ll be adding windows and skylights for the upper units. We think it’s really going to begin to transform Main Street, so we’re excited about it.”

They’re working with a partner on the project and have named their company SDL Developments, as an homage to the building’s former life as a Stedmans department store.

While they wait to see how their application goes with the municipality, Fry said workers have been cleaning up debris inside the building. 

He said he and his wife wanted to invest in the community after they bought a cottage in Port Mouton in 2015 and fell in love with the area.

“We’re not trying to disrupt anything or upset the apple cart. My wife and I have lots of great relationships in Liverpool and we’ve gotten to know a lot of folks in the municipality and we love it. What we’ve done with The Falls in Milton would be frankly representative of the type of approach we would take, very open and communicative with the public and a quality product that people can be proud to call home.”

Fry said that if their application with the municipality succeeds, they hope to begin construction by the end of June. 

Email: rickconradqccr@gmail.com

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