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HomeMy WebLinkAbout2018-004If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By -Law Number 2018- 004 Being a By-law to adopt Bowmanville Community Improvement Plan Amendment Number 2 Whereas by By-law Number 2003-186, as amended by By-law Number 2005-41 Council designated the Bowmanville community improvement project area pursuant to subsection 28(2) of the Planning Act, R.S.O. 1990, c.P.13, as amended; And whereas Council by By-law Number 2005-123 as amended by By- law 2008-185 approved the community improvement plan prepared for the Bowmanville community improvement project area pursuant to Council's direction; And whereas subsection 28(5) of the Planning Act authorizes Council to pass a by- law for the adoption of an amendment to a Community Improvement Plan for a community improvement project area; And whereas Council now deems it advisable to adopt Amendment No.2 to the Bowmanville Community Improvement Plan, 1. That By-law 2005-123 is amended by deleting Schedule "A" and replacing it with Schedule "A" of this by-law. 2. That the Bowmanville Community Improvement Plan is amended in accordance with Schedule "B" of this by-law. 3. That this By-law shall come into force and take effect on the date of the passing hereof. By-law passed in open Council this 15th day of January, 2018 Clerk, Adrian F(oste ayor Schedule "A" 3nN3AV SNHVM I� r— IL-U- Lu w 3f1N3Ab NOSdWIS � w U z � O C7 � z � Y U O LUI OF� HINON 133L11S )UHi 1811 ❑� H1nOS 13� j Ail 138 V CD CIVOM AEl-18DAbM m a) a U d O a 01 E 01 O C. E E E 0 U a� E 0 m �2 Schedule "B" Amendment Number: 2 to the Bowmanville Community Improvement Plan Purpose: The purpose of this amendment is to update the Community Improvement Plan (CIP), revise the grant program and amend the boundary. Location: Bowmanville Community Improvement Plan covers from the Bowmanville to Soper valleys, along Highway 2 including Queen and Church Streets. Basis: The Amendment is based upon a thorough review of progress made, the success of the grant program, plus the desire of the merchants and property owners to make additional improvements to their buildings which also meet the criteria of being a public benefit. The recommendations emerged from a consultation process with the Bowmanville CIP liaison group, the survey of past grant recipients and ongoing review of best practices. Actual Amendment: This Amendment sets out a series of changes to Sections 2, 3, 4 and 5 and Appendix 5 of the Community Improvement Plan. 2.3 Previous Studies ADD after the title Bowmanville East Main Central Area Secondary Plan, 1996, "updated in 2005 will be reviewed in 2018." ADD as the second paragraph Amendment Number 107 to the Municipality of Clarington Official Plan was approved by the Region of Durham on June 19, 2017. The updated Official Plan identified the Bowmanville East Secondary Plan as a key intensification area while respecting the built heritage resources through quality urban design. The former Goodyear (Continental) lands were identified as a Special Study Area as part of the Secondary Planning area and to address their remediation, potential re -use and heritage values. 3.1 Bowmanville Community Improvement Project Area Boundary ADD as the fifth paragraph and revised project area figure The CIP area has worked well since the enactment of the Community Improvement Plan. However, with the works that have been accomplished over the past 12 years and the implementation of a heritage incentive grant for designated properties, the inclusion of the housing stock along Wellington Street is no longer necessary. CONCESSIuEET Remove from CIP Area JL rL 0 0 a Z w ow a Z cyGRCH yyFC</�, � � a o m z �T �S,rRFE? w a Q`F �iNc � F1'S SrR w TRF FFTF K F�' qSp w 3 ❑ ❑ KING STREET EAST x Oo w o W W mm� w w m� m Community Improvement Plan Project Area 4.7.3 Signage DELETE the final sentence in the third paragraph and REPLACE with The Sign By-law was updated in 2009-to allow for T-bar (over sidewalk) signs i n downtown Bowmanville. ADD 4.8 Sunset Clause This Community Improvement Plan will be reviewed after a 10 year period to assess if the Plan has met its goals and objectives. Suggested changes may be considered by way of minor change or formal amendment. Section 5 5.1.3 Design Guidelines DELETE the second paragraph. 5.2 Grant Program DELETE the paragraph and REPLACE with The grants available to a single property address can be piggy -backed; however, at no time shall the total amount of grants provided to a property owner exceed $50,000.00. 5.2.1 Building Permit Fee Grant Program ADD as the final sentence Eligibility for a building permit fee will be renewed for each address after 10 years. 5.2.3 Heritage Building Fagade Improvement Grant Program ADD as the final sentence Eligibility for a heritage building fagade improvement grant will be renewed for each address after 10 years. 5.2.4 Upgrade to Building Code Program ADD as the final sentence Eligibility for an upgrade to building code grant will be renewed for each address after 10 years. Om 5.2.6 Signage Grant Program The Municipality of Clarington may provide a grant up to $2,000 or 50% of the cost of new business signage for retail merchants in the CIP area. The signage program will have to meet the criteria of the historic character as outlined in the Sign By-law. Eligibility for a signage grant will be renewed for each business after 10 years. 5.2.7 Accessibility Grant Program The Municipality of Clarington may provide a grant for up to $10,000 or 50% of the cost of accessibility improvements within the Bowmanville community improvement project area, providing that the accessibility enhances access to businesses. General Rules DELETE the fourth sentence in the first paragraph and REPLACE with The addition of a grant program, increase in the maximum grant value, or a change to the Community Improvement Project Area shall require an amendment to this Community Improvement Plan -in consultation with the Ministry of Municipal Affairs and Housing. 5.4.2 King Street Bridge Refurbishment DELETE the paragraph and REPLACE with King Street Bridge was -identified in the 2007 capital budget as requiring refurbishment work. As part of the refurbishment additional funds were included in the budget to provide for the addition of pedestrian amenities 5.7 DELETE the first sentence of the second paragraph and REPLACE with Changes to the Bowmanville Community Improvement Project Area, or the addition or increase in the value of grants shall require an amendment to this Community Improvement Plan by Council in consultation with the Ministry of Municipal Affairs and Housing. Appendix 5 1.1 Building Permit Fee Grant Program General Terms of Grant ADD as the final sentence in the first paragraph Eligibility for a building permit fee grant will be renewed for each address after 10 years. 1.3 Heritage Building Facade Improvement Grant Program General Terms of Grant ADD as the final sentence in the first paragraph Eligibility for a heritage building fagade improvement grant will be renewed for each address after 10 years. 1.4 Upgrade to Building Code Grant Program General Terms of Grant ADD as the final sentence in the first paragraph Eligibility for an upgrade to building code grant will be renewed for each address after 10 years. ADD 1.6 Signage Grant Program This grant program is intended to assist business owners with financing the design and installation of new signage within the commercial area of the Community Improvement Project area by providing a grant equivalent to 50% of the amount of new signage, not to exceed $2000. Area of Application The Signage Grant Program is available to all business owners within the Community Improvement Project Area as shown in Schedule A. Eligibility for Grant The applicants for a Signage Grant Program must be the registered business owner(s) and must install a new business sign within the Community Improvement Project Area, with the agreement of the property owner(s). The provision of the Signage Grant Program will be administered on a first come first served basis to the limit of available funding in accordance with any administrative rules governing this and other grant programs. The design of the sign will follow the general guidelines set out in the Sign By-law and in keeping with the historic character of the downtown. Backlight signs are not eligible for funding. The Planning Services Department can from our inventory of photos provide merchants with examples and potential sources of signage. General Terms of Grant Program Any Signage Grant will be provided as a grant to a business owner and represents an amount equivalent only to 50% of the value of the new sign with a maximum of $2000 grant. Each business owner can receive a signage grant once in a 10 year period. At the time of sign permit application, the applicant will pay all applicable application fees. If eligible, the Signage Grant will be provided following final inspection by the Planning Services Department representative. Other Programs Provided all eligibility criteria and conditions are met for this program, participation in the Signage Grant Program does not preclude the business and/or property owner from being eligible for other grant programs offered under the Community Improvement Plan. Work Already Commenced The Signage Grant Program will not be retroactively applied to signage where permits were issued prior to the commencement of the program. Procedures 1. Grant Application Submitted at Time of Permit Application The applicant is required to submit a completed Signage Grant Application form to the Director of Planning Services for approval. The applicant will include a copy of the Sign Permit Application including drawings detailing the proposed sign to be constructed and an estimate for the work to be undertaken. 2. Provision of Grant Following the completion of the work and final inspection by the Planning Services Department, the Signage Grant will be provided for approved projects. Eligibility for Grant The applicants for a Signage Grant must be the registered business owner(s) and they must submit a letter from the registered property owner providing permission to install the sign with the sign permit application. Grants will be administered on a first come first served basis to the limit of available funding in accordance with any administrative rules governing this and other grant programs. 1.7 Accessibility Grant Program This grant program is intended to assist property owners with the financing of improvements required to bring older buildings into greater compliance. Area of Application The Accessibility Grant Program is available to all registered property owners or commercial tenants with a signed consent form for the improvements within the Community Improvement Project Area for the Municipality of Clarington as shown on Schedule A. Eligible works include: • Installation of hand railings on steps • Elimination of steps and/or provision of a ramp • Widening of doorways and thresholds to accommodate accessibility devices • Installation of automatic door openers • Changing door knobs to levers • Washroom renovations (i.e. grab bars, raised toilets) • Other improvements, at the discretion of the Director of Planning Services and in consultation with the Accessibility Co-ordinator that address accessibility issues. Eligibility for Grant The applicants for the Accessibility Grant Program must be the registered owner(s) of the property or commercial tenants with a lease agreement that extends a minimum of 2 years beyond the approval of the grant. Municipal staff will conduct a title search of the property and review property tax records. Property owners who are in arrears of property taxes are not eligible to receive the grant. The provision of any Accessibility Grant Program will be administered on first come first served basis to the limit of available funding in accordance with any administrative rule governing this and other grant programs. General Terms of Grant The grant covers up to 50% of the costs of the eligible work per building to a maximum of $10,000 per municipal street address or storefront, subject to an overall maximum of $50,000 per property owner for a building with multiple street addresses or storefronts. The grants will be provided at the discretion of the Director of Planning Services. Other Programs Provided all eligibility criteria and conditions are met for this program, participation in the Accessibility Grant Program does not preclude the owner from being eligible for other grant programs offered under the Community Improvement Plan. However, at no time shall the total amount of grants provided to a property owner exceed $50,000. Procedures 1. Grant Application Submitted The applicant is required to submit a completed application form to the Director of Planning Services for approval. The application will include a copy of the work to be completed including drawings detailing the proposed improvement works. This may require drawings to be prepared by a Professional Engineer or Architect. 2. Description of Eligible Works and Submission of Quotations The Accessibility Program application will include a description of the eligible works and an estimate of the works to be undertaken. The estimate shall be supported by a minimum of two estimates from qualified contractors for undertaking the eligible works and shall be consistent with the cost estimate indicated on the accompanying building permit application. The cost estimate should indicate a breakdown of items, description of works to be performed, etc. The grant will be provided on the basis of the cost of the actual works not to exceed the 50% limitation and the maximum of $10,000. 3. Inspection of Building Prior to approving an Accessibility Grant, Municipal staff may inspect the building to review the conditions and the proposed improvement. A subsequent inspection may be done during the work. 4. Decision of Director of Planning Services The final decision as to how much of the proposed work, if any, is eligible for funding under the Accessibility Grant Program will be made by the Director of Planning Services or designate. Prior to issuing a decision, the Director may request further drawings, cost estimates or other information. 5. Expiry of Approval If all eligibility criteria and conditions are met and funds are available in the Grant fund, the Director of Planning Services or designate will approve the grant. A letter from the Director to the applicant will represent a commitment and will be valid for a period of 6 months. The Director at his discretion may provide extensions. However, if the improvements do not match the drawings, materials or intent of the original approval, approval may be withdrawn. 6. Inspection of Completed Work Staff will conduct an inspection of the completed work. Staff from the Planning Services Department will confirm the works are in keeping with the intent of the drawings and materials as originally approved. 7. Provision of Grant Following satisfactory inspections of the work and the receipt of invoices from the applicant the grant cheque will be issued providing that the property owner is not in tax arrears. The grant will be advanced to the applicant only upon completion of works and progress payment will not be made. 8. Maintenance The property owner and grant recipient is obligated to take proper actions to maintain the improvements to the satisfaction of the Municipality. Future modifications that change the integrity of the improvements are subject to the approval of the Municipality (at building permit time) and may be denied if they diminish the investment made by the Municipality. Implementation: The provisions set forth in the Community Improvement Plan as amended, regarding the implementation of the Plan shall apply in regard to this Amendment. Interpretation: The provisions set forth in the Community Improvement Plan as amended, regarding the interpretation of the Plan shall apply in regard to this Amendment.