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HomeMy WebLinkAboutPSD-067-08 Cl~mglOn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE *: i2.esd u.-t10n G p~ -?/8;2-d, Monday, June 16,2008 . Date: Report #: PSD-067-08 File #: PLN 37.1 By-law #: Subject: ORONO COMMUNITY IMPROVEMENT PLAN AMENDMENT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-067-08 be received; 2. THAT the Orono Community Improvement Plan Amendment NO.1 (Attachment 1) be APPROVED; 3. THAT the necessary By-law contained in Attachment 2 be PASSED; 4. THAT the Ministry of Municipal Affairs and Housing and Region of Durham Planning Department be forwarded a copy of this Report and Council's decision; and, 5. THAT all interested parties listed for this report and any delegations be advised of Council's decision. Submitted by: D vid . Crome, M.C.I.P., R.P.P. Director of Planning Services Reviewed by: LJ~.~ Franklin Wu, Chief Administrative Officer FUDJC/df/av 5 June 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-067-08 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Municipality of Clarington 1.2 Purpose: To adopt the Orono Community Improvement Plan Amendment No.1 to add an Upgrade to Building Code Improvement Grant, an Infill Grant, and 5414,5367 Mainstreet and to the granting area. 2.0 LOCATION 2.1 The subject lands are the Orono Community Improvement project area as adopted by By-law No. 2003-124, as amended by By-law No. 2005-038. 3.0 BACKGROUND 3.1 In February 2003 the Orono BIA requested the Municipality assist the downtown merchants. Subsequently, Council approved the preparation of a Community Improvement Plan (CIP) for Orono and a study area By-law and the study proceeded, culminating in the Orono Community Improvement Plan which was adopted by Council in March of 2005 and by the Ministry of Municipal Affairs and Housing in July 2005. 3.2 The community has been kept informed as the implementation has progressed by annual reports to Council and the Community Liaison Group. To date the Municipality has expended just under $30,000 on the grant program, currently there are $16,750 grants pending and there are funds accrued in the Orono CIP account of $25,000 plus the funds from the 2008 budget allocation for the grant program. 3.3 The Orono Community Improvement Plan allows the Municipality to provide incentives and grants to business merchants and property owners in the Orono Community Improvement Project Area. 3.4 In addition to the grants program there are other works that the CIP has been a catalyst for. These include the refurbishment of the highway sign on the 35/115, the refurbishment of the signs for the entryways to Sidney B. Rutherford walk, the new railing and banner poles along Main Street in Orono, a number of tourism brochures and sponsorship of the Orono 175 flags and banners. 4.0 DESCRIPTION OF THE PROPOSED COMMUNITY IMPROVEMENT PLAN AMENDMENT 4.1 The Orono Community Improvement Plan amendment consists of grant programs for building code improvement, infill and an addition to the CIP boundary to include 5367 Main Street and 5414 Main Street as properties eligible for grants. REPORT NO.: PSD-067-08 PAGE 3 5.0 PUBLIC MEETING AND SUBMISSION 5.1 At the statutory public meeting held on June 2, 2008, there were no submissions from the public. The Orono CIP has the endorsement of the community liaison group, the Orono BIA and the two affected properties owners on Main Street. 5.2 No phone calls have been received from members of the public prior to and since the public meeting. 6.0 AGENCY COMMENTS 6.1 Letters were sent to the applicable commenting agencies on April 22, 2008 asking for comments within a 3 week timeframe. No objections to the Orono Community Improvement Plan have been received. 6.2 The Clarington Engineering Services Department, Operations Department, Emergency and Fire Services and Durham Region Health Department have no comments or concerns. 6.3 GRCA and Rogers Cable Communications Inc. have no objections to the Orono CIP. 6.4 The Ministry of Municipal Affairs and Housing agree with the proposed amendment. The Durham Region Planning Department has no objections to the CIP amendment. They have indicated that it is in conformity with the Regional Official Plan and Community Strategic Plan. 6.5 Staff held a meeting on April 28th with the Orono BIA and Orono CIP Liaison Group to explain the proposed amendments. Both groups favour the proposed amendments. 7.0 COMMENTS 7.1 Based on the support expressed by both the public and agencies, it is respectfully recommended that Amendment No. 1 (Attachment 1) to the Orono Community Improvement Plan, be approved and that the necessary By-law enacted. Attachment: Attachment 1 - Amendment NO.1 to the Orono Community Improvement Plan Attachment 2 - By-law adopting Amendment No. 1 Interested parties to be notified of Council's decision: Orono BIA, clo Marg Zwart Orono Community Liaison Group, clo Faye Langmaid Kirija Varatharajah Attachment 1 To Report PSD-067-08 AMENDMENT NO.1 TO THE ORONO COMMUNITY IMPROVEMENT PLAN PURPOSE: The purpose of this amendment is to revise the grant program. BASIS: The Amendment is based upon the success of the existing grant program and 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. ACTUAL AMENDMENT: Section 5 and Appendix 4 of the Community Improvement Plan is hereby amended as follows: 1. ADD to Section 5 5.1.3 UPGRADE TO BUILDING CODE PROGRAM The Municipality of Clarington may provide a grant for up to $5000 of the cost of building code improvements for properties within the Orono Community Improvement Plan Project Area. 5.1.4 INFILL PROGRAM The Municipality of Clarington may provide a grant for up to $10000 of the cost of infill development within the Orono Community Improvement Plan Project Area, providing that the infill enhances the street fa9ade and character of Orono. 2. REPLACE in Appendix 4 Grant Program In the first sentence, By-Law 2003-124 with Schedule A. 3. ADD 5414 and 5367 Main Street to Schedule A (the area eligible for grants). 4. ADD to Appendix 4 1.2 Upgrade to Building Code Grant Program This grant program is intended to assist property owners with the financing of building improvements required to bring existing older buildings into compliance with the current Ontario Building Code. Area of Application The Upgrade to Building Code 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. Eliqible works include: >- Installation of fire protection systems; >- Relocation or installation of fire escapes; >- Reinforcement of floors, ceilings and/or walls; >- Required improvements to ventilation system; >- Improvements for barrier-free accessibility; >- Construction or alteration of required window opening for upper storey residential units; and >- Other improvements, at the discretion of the Director of Planning Services, related to Building Code upgrades that address health and safety issues. Eliqibilitv for Grant The applicants for the Upgrade to Building Code 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 Upgrade to Building Code Grant Program will be administered on a first come first served basis to the limit of available funding in accordance with any administrative rule governing this and other grant programs. The property owner must consult with Veridian Connections as part of the application process to determine if Veridian's concerns in regards to the potential proximity of overhead power lines can be satisfactorily addressed. General Terms of Grant The grant covers up to 50% of the costs of the eligible work per building to a maximum of $5,000 per municipal street address or storefront, subject to an overall maximum of $45,000 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 Proqrams Provided all eligibility criteria and conditions are met for this program, participation in the Upgrade to Building Code 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 $45,000. Procedures 1. Grant Application Submitted at Time of Building Permit Application 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 Building Permit application 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 Upgrade to Building Code Grant Program application will include a description of the eligible works and an estimate of the works to be undertaken in order to meet the requirements of the Building Code. 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 $5,000. 3. Inspection of Building Prior to approving an Upgrade to Building Code 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 Upgrade to Building Code 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 Upgrade to Building Code 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 building improvements do not match the drawings, materials or intent of the original approval, approval may be withdrawn. 6. Inspection of Completed Work Staff from the Building Services Division of the Engineering Services Department will conduct an inspection of the completed work. Staff from the Planning Services Department will confirm with the Building Services Division that 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. 1.3 Infill Project Grant Program This grant program is intended to assist property owners with financing the cost of the development process by providing a one time grant to offset the amount of the construction to a maximum of $10,000. All buildings are to be designed to be in keeping with the historical context of Orono. Area of Application The Infill Project Grant Program is available to all registered property owners within the Community Improvement Project Area as shown on Schedule 'A'. Eligibilitv for Grant Infill projects will qualify for funding if they are being built on lots where a brownfield is being redeveloped, a lot has become vacant as a result of a fire or disaster or a lot has become vacant through neglect and is being redeveloped by a new owner that has purchased the property through an arms length transaction. This grant program is not intended to encourage the neglect or demolition of existing buildings. The applicants for an Infill Project Grant must be the registered owner(s) of the property and must receive site plan approval and submit a building permit application for the property in compliance with the approved site plan within the Community Improvement Project Area. 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 property owner must consult with applicable utility companies as part of the application process to determine if there are concerns in regards to the potential proximity of overhead lines and/or underground utilities which are to be satisfactorily addressed. The provision of any Infill Project Grant 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. General Terms of Grant Any Infill Project Grant will be provided as a one time grant to the registered owner of the property. Grants will be in the amount of $10,000 and will only apply to buildings constructed with an approved design. The grants will be provided at the discretion of the Director of Planning Services. Other Proorams Provided all eligibility criteria and conditions are met for this program, participation in the Infill Project 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 or for an individual property exceed $45,000. However, lands that are developed by means of registered plans of condominium or are developed by successive phases of a comprehensive site plan agreement are eligible to receive a maximum of $45,000 in grants per phase of a site plan agreement. Procedures 1. Grant Application Submitted at Time of Site Plan Control Application The applicant is required to submit a completed Infill Project Grant application form to the Director of Planning Services for approval prior to commencing construction. The application will include a copy of the Site Plan, the building permit application and the building permit drawings. This may require drawings to be prepared by a Professional Engineer or Architect. 2. Provision of Grant Following the completion of the work and final inspection by the Engineering Services Department, the grant will be provided for approved projects and providing that the property owner is not in tax arrears. 3. Description of Eligible Works and Submission of Quotations The Infill Project Grant application will include a description of the eligible works, elevation drawings, and an estimate of the works to be undertaken in order to construct the building. The grant will be provided to the maximum of $10,000. 4. Decision of Director of Planning Services The final decision on whether a property is eligible for an Infill Grant will be at the discretion of the Director of Planning Services. 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 Infill Project 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 infill project does not match the drawings, materials or intent of the original approval, approval may be withdrawn. 6. Inspection of Completed Work Staff from the Planning Services Department will conduct an inspection to ensure the works are in keeping with the intent of the drawings and materials as originally approved. The applicant must finalize their building permit inspections with the Building Services Division prior to any funds being released. 7. Provision of Grant Following satisfactory inspections of the work 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. 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. tiJ~d~~~J"' . UJ /1.'"1--- " '7 .'C' 0:: P. C"I) 1-"'" ;J: C/) () z ..j g ~ ~ ~ ~ j '. ' . . , ~!I;>!i>>.' /"""""'" <. I I c,': I I- 0:: o Z I- W w 0:: l- (/) I () 0:: ::::> I ~ () o Sl'.q7to ',',"'. ':c.,'....,..': ~ ~ Sl'lff:- ~i,.'.:::: .:'r,:./:c~i:::Ci I :ti ~12l' """'l<.::" ' :"....:.:.,~' ..,..:~:f: l- . .' .... . '.c:.: (/) I ~'-J ~ "'-~ ~ ~()~ ~E~RE Schedule "A" N ~~e s J..... C"I) & i.lJ " "ri==~~ S1 T CENTREVI PARK STREET - r Orono CIP Grant Area I ------ Attachment 2 To Report PSD-067-08 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2008- being a By-law to adopt Orono Community Improvement Plan Amendment No. WHEREAS by By-law No. 2003-124, as amended by By-law No. 2005-038 Council designated the Orono Urban area as described in the Municipality of Clarington's Official Plan and the surrounding physical context shown on the map contained in Schedule "A" of By-law No. 2003-124 as a 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 No. 2005-039 approved the community improvement plan prepared for the Orono community improvement project area pursuant to Council's direction; AND WHEREAS the Ministry of Municipal Affairs of Housing approved the community improvement plan as amended on July 14, 2005; 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 deems it advisable to adopt Amendment NO.1 to the Orono Community Improvement Plan; NOW THEREFORE the Council of The Corporation of the Municipality of Clarington enacts as follows: 1. THAT the Clerk of the Municipality of Clarington is hereby authorized and directed to make application to the Minister of Municipal Affairs and Housing for amendment to the aforementioned Orono Community Improvement Plan; and, 2. THAT this By-law shall come into force and take effect on the date of the passing hereof. BY-LAW read a first time this day of 2008 BY-LAW read a second time this day of 2008 BY-LAW read a third time and finally passed this day of 2008 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk