Hunter Morrison recently submitted this note at the request of the Cleveland City Planning Commission.

The City Planning Commission is empowered by the Charter and by the Codified Ordinances to grant or deny permission to demolish, alter or construct buildings in the City’s Public Land Protective District. While, in most cases, the Commission can rely on the advice of its staff and the actions of the Design Review Committee to inform its decisions, in high profile cases, the Commission itself must take the role of primary decision-maker. These cases often involve the demolition of significant buildings, such as the Cuyahoga Building, the Engineers Building, and the Allen Theater.

The decision to demolish a significant building is a difficult, painful, public decision that the Commission can only properly make after it has engaged in extensive, detailed and specific investigation and deliberation. The facts that the Commission must, at a minimum, consider in making its decision to authorize the demolition of a building in the Public Land Protective District are explicitly described in the City’s Codified Ordinances.

In addition to insuring that these minimum requirement are met, the Commission must endeavor to insure that the decision to demolish is accepted by the public as an unpleasant but necessary and well-justified public act. To achieve this end, the Commission must endeavor to make its decision to demolish based on verifiable facts and not on contradictory information, emotionally charged rhetoric, or political influence by the proponents. The process itself must be transparent and didactic: It must seek to maintain public trust while educating the public on the hard data and the deliberative process that led the Commission to conclude that a treasured building must go.

To achieve public acceptance of the unpleasant reality of such a demolition, I would suggest Seven Principles that have guided the Commission in the past and can guide the Commission as it deals with the fate of Marcel Breuer’s Ameritrust Office Tower.

1. Know all the Facts and Make Sure that the Public Knows Them, Too:

Know the facts about the site dimensions and acquisition costs and the existing built environment that surrounds it. Know about the need for new development and the community’s priorities for the area. Know the costs of site preparation and facility construction. Know the estimated operating and maintenance costs and understand the community opportunity costs involved in undertaking this project. Know the costs of adoptive reuse and the premium, if any, that must be paid to modify the threatened building for a new use. Share this information with interested parties and the public. Resolve any contradictions in the information presented so that the Commission, the proponents, the interested parties, and the pubic are in accord with the fundamental facts of the case.

2. Know that the Building Fails to Meet the Functional Requirements of the Intended New Use:

Know the functional capabilities and constraints of the existing property and understand its suitability for adoptive reuse to meet the needs of the proposed new program. Acknowledge that forcing a developer or public agency to invest unwisely in a building ill-suited to their needs is as inappropriate an action as that of approving a demolition without having first undertaken a diligent and deliberative review of the facts of the case.

3. Know that the Developer Controls the Site:

Know that the project developer has acquired or otherwise controls the entire site. Identify any required public actions, such at street vacations or the granting of easements, that must be accomplished to achieve site control and know that the legislative process for these public actions is well under way. Before making a final, binding decision to authorize demolition, know the reaction of affected adjacent property owners, particularly in cases requiring a street or alley vacation, as these actions impact their business interests.

4. Know what Development will Replace the Demolished Building:

Know what new development will occur on the entire site including new buildings, on-site parking and associated plazas and greenspace. Understand the physical impacts the project will have on the adjacent property owners—including traffic, parking, light and wind conditions—both during construction and permanently. Understand the likely economic impacts of the proposed development, particularly the impacts on adjacent street level retail and street life. Be convinced that the proposed new development has sufficient public benefit, both aesthetically and economically, to justify the demolition of a treasured building and the disruption to the adjacent property owners. Know the developer’s implementation timetable and be convinced that there is a high probability of success.

5. Know How any Historic Properties on the Site will be Integrated Into the Entire Project:

Know the proposed use of any Historic Property to be retained and the details of its physical connection to or integration with the new elements of the project. Understand the treatment both of the Historic Property’s exterior and any significant interior spaces. Understand the developer’s intent with regard to the use of Federal and State Historic Tax Credits and be convinced that the proposed design will not compromise any intended reliance on these credits. Consult with the State Historic Preservation Office and seek their review and guidance prior to making any final, binding decision to authorize demolition. Understand who will own and who will operate the Historic Property once the project is completed and be convinced that there is a high probability of success for any proposed reuse of the property.

6. Know the Downside Economic Impacts of Undertaking the Project:

Recognize that Downtown Cleveland is a weak commercial office and retail market and understand what the project’s likely impacts will be on these markets. Notify affected property owners and invite their engagement before—rather than after—the Commission has made as final, binding decision. In the case of the County Administration Building and the Lincoln Building—both of which front Cleveland’s historic Mall, understand its proposed demolition and the impact that abandoning this property will have on the adjacent Convention Center and Mall.

7. Know that the Project, Taken as a Whole, is a Betterment for the City:

Know the economic impact of the proposed development and the impact it will likely have on the economic viability of adjacent properties. Know that aesthetically the project, in its entirety, is at least equal to, if not greater than the buildings it replaced. Know that the proposed new building is a “Cleveland Building” that is a product of its generation and represents the highest quality of design and development achievable. Be convinced that you have made the best possible decision for the future of the City of Cleveland and not just for the present moment.

June 13, 2007