Loading...
HomeMy WebLinkAboutFND-009-06 Addendum :a. ~, oj CW:..-Won REPORT FINANCE DEPARTMENT Meeting: COUNCIL Date: JUNE 26, 2006 Resolution #:C;- ~ D -OlD ADDENDUM TO Report #: FND-009-06 File #: By-law #: 2rnlo -11.00 . Subject: DEVELOPMENT CHARGES BY-LAW AMENDMENT Recommendations: It is respectfully recommended to Council the following: 1. THAT the Addendum to Report FND-009-06 be received; 2. THAT Report FND-009-06 be tabled; 3. THAT based on a review of S 10(2) of the Development Charges Act, there is no need to alter or amend the Development Charges Background Study, May 2005, prepared by Hemson Consulting Ltd.; 4. THAT the proposed modification to the Development Charges By-Law be deemed to be minor and consistent with the intent of the amendment to the By- law considered at the statutory public meeting and further that no additional public meeting to consider the amendment is required. 5. THAT the exemption provided for in the amendment to the By-Law be effective on July 1, 2006; and 6. THAT the attached By-Law amending the Development Charges By-Law 2005- 108 be recom ended to Council fo enactment. Reviewed by: C)'" l/u..fJ Franklin Wu, Chief Administrative Officer. NT/hjl REPORT NO.: ADDENDUM TO FND-009-06 PAGE 2 BACKGROUND AND COMMENT: 1.0 On June 27,2005, Council adopted the existing development charges with the approval of Report FND-007 -05 and the accompanying By-Law 2005-108. This By-Law, by statute expires after five years or June 30, 2010. 1.1 At the General Purpose and Administration Committee meeting held on April 1 0, 2006, Council adopted the following resolution #GPA-182-06: WHEREAS the Council for the Municipality of Clarington considers it beneficial for residents and businesses in Clarington and for future economic growth, to promote the establishment of hotel facilities in Clarington; WHEREAS commercial development charges are currently applicable under the Development Charges By-Law No. 2005-108, for any hotel development on a per square metre basis; WHEREAS any amendments to a development charges by-law must follow the rules outlined in Bill 98, An Act to promote job creation and increased municipal accountability while providing for the recovery of development costs related to new growth (The Development Charges Act), under Section 19; NOW THEREFORE BE IT RESOLVED THAT Staff be directed to initiate the process to amend By-Law No. 2005-108 to provide for an exemption in the Development Charges By-Law for the construction of new hotel facilities which have a minimum of 85 rooms and are three stories or greater in height, including an update to the required Background Study and Public Meeting requirements FORTHWITH. DEVELOPMENT CHARGE BY-LAW AMENDMENT: 2.0 A municipality has to hold a public meeting on the amendment, having provided three weeks notice of the meeting, and has to have made the background study and proposed by-law amendment available two-weeks prior to the meeting. The public meeting was June 19, 2006 and was advertised commencing May 29, 2006. The applicable documents were available at the Clerk's Department commencing June 5, 2006. 2.1 Subsequent to the public meeting, a minor amendment has been made to the proposed definition of a hotel to clarify the treatment of conference facilities. 2.2 The proposed modification to the Development Charges By-Law is deemed to be minor and consistent with the intent of the amendment to the By-Law considered at the statutory public meeting so no additional public meeting to consider the amendment is required. REPORT NO.: ADDENDUM TO FND-009-06 PAGE 3 2.3 The current charge for hotel facilities would be $36.60 per square metre. The impact therefore on a sample 3,000 square metre hotel would be a loss of $109,800 in development charges. 2.4 As with all exemptions in the current Development Charges By-Law, this exemption will be reviewed when the By-Law is reviewed and updated as required every five (5) years. RECOMMENDATIONS: 3.0 Based on a review of the applicable legislation, it is recommended that an amendment to the Background Study, May 2005 is not required nor is a further public meeting. It is recommended that the attached By-Law (Attachment #1 ) be recommended to Council for enactment. Attachment #1 - By-Law to amend By-Law 2005-108 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169 Attachment #1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006- To amend By-Law #2005-108, a By-Law to impose development charges against land in the Municipality of Clarington pursuant to the Development Charges Act, 1997, to provide for an exemption to development charges fees for new hotel facilities as defined herein WHEREAS Section 19 of the Development Charges Act, 1997 sets out the procedure for amending a development charges By-Law; AND WHEREAS Council has before it Report FND-009-06 which serves as a Background Study pursuant to Section 10 of the Act; AND WHEREAS Council gave notice to the public of a public meeting and held a public meeting pursuant to Section 12 of the Act on June 19,2006, prior to which the Study and a proposed amendment to the development charges by-law were made available to the public, Council heard comments and representations from all persons who applied to be heard (the "Public Meeting") and considered Report FND-009-06 (the "Staff Report" and "Background Study") dated June 19,2006; AND WHEREAS staff of the Municipality considered the public comments and representations made at the Public Meeting at the meeting of Council held on June 26, 2006; AND WHEREAS at its meeting on June 26,2006, by Resolution No. C- -06 Council approved the recommendations contained in Report FND-009-06; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIP ALITY OF CLARINGTON ENACTS AS FOLLOWS: 1. Section 1 (1) of By-Law 2005-108 being a by-law to impose development charges against land in the Municipality of Clarington pursuant to the Development Charges Act is amended by adding the following definition to it: "hotel" , means a building providing overnight accommodation with a minimum of 85 overnight accommodation rooms which include a bedroom and a bathroom combination, which is not a dwelling unit or dwelling units contained in a single- detached dwelling, a semi-detached dwelling, a townhouse (row house) dwelling or a multiple dwelling and which have a common entrance from street level, common halls, stairs, elevators and that is three stories or greater in height Convention meeting space facilities that are constructed within the hotel building, on the same lot as the hotel or an abutting lot, are deemed to be part of the hotel. Page Two 2. Section 20 of By-Law 2005-108 is amended by adding to it a new subsection 20 (11) as follows: "( 11) buildings constructed after July 1, 2006 for the purpose of a hotel." Date By-Law Effective This By- Law comes into force and is effective on July 1, 2006. THIS BY-LAW READ A FIRST, SECOND, AND THIRD TIME, AND PASSED IN OPEN COUNCIL THIS 26TH DAY OF JUNE, 2006. John Mutton, Mayor Anne Greentree, Deputy Clerk