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HomeMy WebLinkAboutPSD-085-08 ClOOllgron REPORT PLANNING SERVICES PUBLIC MEETING Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE KeL-Au. ~Olj\t q PA -It(4-C~ Monday, September 8, 2008 Meeting: Report #: PSD-085-08 File #: PLN 37.2 By-law #: Subject: BOWMANVILLE 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-085-08 be received; 2. THAT the Bowmanville Community Improvement Plan Amendment contained in Attachment 2 continue to be processed and that staff consider the comments received in writing or at the Public Meeting prior to finalizing the Amendment; and 3. THAT any interested party or delegation be advised of Council's decision. Submitted by: Davia . Crome, M.C.I.P., R.P.P. Director of Planning Services Reviewed by: O~::.- ~ Franklin Wu, Chief Administrative Officer FLldf 14 August 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-OB5-0B PAGE 2 1.0 BACKGROUND 1.1 In December 2003 Council approved the preparation of a Community Improvement Plan (CIP) for Bowmanville and a study area By-law 2003-186 as amended. The Bowmanville Community Improvement Plan was adopted by Council in June of 2005 and by the Ministry of Municipal Affairs and Housing in September 2005. The Bowmanville CI P covers the area shown in Attachment 1. 1.2 The community has been kept informed of the progress as the implementation has occurred. To date the Municipality has expended just under $35,000 on the grant program, currently there are $80,000 grants pending to various owners. There is another $30,000 that has been earmarked for 3 of the properties between 19 Y, and 33 King Street, we are awaiting the design drawings prior to approving the remaining funds. 1.3 The Bowmanville Community Improvement Plan allows the Municipality to provide incentives and grants to business merchants and property owners in the Bowmanville Community Improvement Project Area. It is anticipated that Council will continue to approve funding in the capital budget in future years. 1.4 At the June 23, 2008 meeting, Council approved Resolution #GPA-404-08 which requested staff to bring forward a grant program that would assist the property owners that suffered a significant loss, with rebuilding in accordance with the historic main street features. The four properties, 19 Y, to 33 King Street West that were damaged by fire, were the impetus for this request. 1.5 Other works that the CIP has been a catalyst for include the urban design elements included in the enhancement features on the refurbishment of the King Street Bridge, and sponsorship of the Bowmanville 150th Anniversary. 2.0 PUBLIC MEETING 2.1 In accordance with the Planning Act, R.S.O. 1990, appropriate notice of the Public Meeting was given through advertisements placed in the August 20, and August 27 editions of Clarington This Week. A copy of the draft Community Improvement Plan Amendment has been circulated to the commenting agencies and Ministry of Municipal Affairs and Housing. 3.0 DESCRIPTION OF THE PROPOSED COMMUNITY IMPROVEMENT PLAN AMENDMENT 3.1 Outline The existing Community Improvement Plan defines why Bowmanville was studied for a CIP, identifies the area that was studied, and recommended a four grant program and a number of other actions. The Plan listed the priorities that the Community Focus Group REPORT NO.: PSD-085-08 PAGE 3 had identified for improvements and provided information about the community such as its historical context, land use, architectural character and amenities. Economic factors, building conditions, land use restrictions, and the significance of enhancing civic pride were noted as issues. Problems and deficiencies identified included such items as: . business incentives . development charge levies . encouragement for building refurbishment . marketing ideas . identification of parking areas The CIP made a number of recommendations and provided for incentives such as grant programs to address the issues that have been noted. 3.2 Existina Grant Proaram There are a number of general rules within the grant program that are applicable to all grants and then there are specific rules for the different types of grants. In all cases we have worked with applicants and inspected the buildings prior to the anticipated works. Grants are not released until the works are completed and the contractor has been paid. Property owners must be current with their tax payments. For properties that have multiple municipal street addresses or storefronts, each property owner is subject to an overall maximum of $45,000. . HeritaGe BuildinG Facade Improvement Grant The intention of the Heritage Building Fac;:ade Improvement Grant Program is to assist property owners with the financing of heritage building fac;:ade improvements within the Community Improvement Plan area. The program allows the Municipality of Clarington to provide a grant for up to one third of the costs of the eligible work per building to a maximum of $10,000 per municipal street address or storefront. . Uparade to BuildinG Code Grant The intention of the Upgrade to Building Code Grant Program is to assist property owners within the Community Improvement Plan area with the financing of building improvements required to bring existing older buildings into compliance with the current Ontario Building Code. The program allows the Municipality of Clarington to provide a grant for up to 50% of the costs for eligible work per building to a maximum of $5,000 per municipal street address or storefront. . Site Plan Control Fee Grant The program allows the Municipality of Clarington to provide a grant to offset the amount of the Site Plan Control Fee to a maximum of $3,000 per property. REPORT NO.: PSD-085-08 PAGE 4 . Buildina Permit Grant The program allows the Municipality of Clarington to provide a one time grant to offset the amount of the building permit fee to a maximum of $3,000. 3.3 Proposed Reconstruction Grant This grant program is intended to assist property owners with financing reconstruction projects that meet the architectural character and streetscape of Bowmanville. It is not intended to encourage the neglect or demolition of buildings. It is proposed that the grant cover up to $10,000 per building. Reconstruction projects will qualify for funding if they are being redeveloped as a result of fire or other natural disaster. This grant is intended to fund the redevelopment of a building or structure on the same land that has been destroyed in whole or in part by fire, explosion or Act of God and has to be in whole or part demolished and reconstructed for the same purpose. In a loss due to fire, the Ontario Fire Marshall has to have ruled "no malfeasance". The reconstruction grant will provide funding for a front fa9ade that is architecturally attractive. The grant is intended to provide the owner with additional funds to enhance the front fa9ade beyond what typical functional replacement insurance funding would provide for. The designer/owner will involve the Planning Services staff in the design process to ensure that the fa9ade meets the criteria. 4.0 CONCLUSIONS 4.1 The Bowmanville Community Improvement Plan identified a series of recommendations for implementation by the Municipality and/or stakeholder groups over time. The CIP has functioned effectively to date and based on works that have happened over the past 3 years. The amendment set out in Attachment 2 is recommended to augment the existing grant program. 4.2 The Planning Act requires that a Public Meeting be scheduled to consider an amendment to a Community Improvement Plan. The purpose of this report is to facilitate the public consideration of the proposed Bowmanville Community Improvement Plan Amendment. Attachments: Attachment 1 - Bowmanville CIP Area Attachment 2 - Amendment NO.1 to the Bowmanville Community Improvement Plan REPORT NO.: PSD-085-08 PAGE 5 List of interested parties to be notified of Council's decision Bowmanville BIA, clo Garth Gilpin Ken and Sherry Rupa Bethesda House, Jaki MacKinnon Patricia and Richard Lange Bill Walker, Gowlings To R Attachment 1 eport PSD-085-08 3nN3II'IISN1:jV3~ iUi III ~ ' u ~ 1:j3H~131,"3l::1lno ~ " > ffi > ~'" 'O"n""'" .~D"O "'" 0"""'0 :::! ~ , ~ i\ " ~ . . 5 , ~ u " . " u , " ~ ffi . o , z g " u . " ~ ~ o z ~ 5 . < o z " < " 3^,Ii'NOSd~1 OA18M31 U. ~ o ~ o o " , 31V8Al::ION3 ~ . " u ~ i\ ~ . > " o o ~ o o " , ""'~ 1331:1.1 , ill ~ ~ . o z [ ~ 18113 , ~ I;; z o 0; ~ . u 8 :In'tl8 '"''' , H1I;JON133l:l1SAHI3811 > 0 u o ~ " g 3nN3^,o'3>lfdlS 13310 3nN3A\:I31llI1 a\lOl:lA31~E3^""M OVOl:lA31l:l3^""M . > " o m ~ o z " " ~ cu 'C C :::::l o a:I c.. (.) ~ os: C CU E ~ a:I o Attachment 2 To Report PSD-085-08 AMENDMENT NO.1 TO THE BOWMANVILLE COMMUNITY IMPROVEMENT PLAN PURPOSE: The purpose of this amendment is to add to the grant program a Reconstruction Grant. BASIS: The Amendment is based upon the success of the existing grant program, and the desire to assist with the reconstruction of the heritage streetscape when portions of it are lost through a fire or natural disaster and the reconstruction effort meets the criteria of being a public benefit. ACTUAL AMENDMENT: Section 5 and Appendix 5 of the Community Improvement Plan is hereby amended as follows: 1. ADD to Section 5 5.2.5 RECONSTRUCTION GRANT PROGRAM The Municipality of Clarington may provide a grant for up to $10,000 of the cost of reconstruction of a property within the Bowmanville CIP project area, providing that the reconstruction enhances the streetscape and the fa~ade maintains the heritage character of Bowmanville. 2. ADD to Appendix 5 1.5 Reconstruction Grant Proqram This grant program is intended to assist property owners with financing the cost of the reconstruction process by providing a one time grant to offset the amount of reconstruction to a maximum of $10,000. All reconstructed buildings are to be designed to be in keeping with the historical context of Bowmanville and in- keeping with the heritage streetscape context. Area of Application The Reconstruction Grant Program is available to all registered property owners within the Community Improvement Project Area as shown on Schedule A Eliqibilitv for Grant Reconstruction projects will qualify for funding if they are being redeveloped as a result of fire or other natural disaster. This grant is intended to fund the redevelopment of a building or structure on the same land that has been destroyed in whole or in part by fire, explosion or Act of God and has to be in whole or part demolished and reconstructed for the same purpose. In a loss due to fire, the Ontario Fire Marshall has to have ruled "no malfeasance". The Reconstruction Grant is intended to provide the owner with additional funds to enhance the front fa~ade of the impacted building over and above the monies collected for functional replacement purposes through the insurance funding. The designer/owner shall involve the Planning Services staff in the design process to ensure that the front fa~ade meets the criteria. Individuals and/or corporations applying for a Reconstruction Grant must be the registered owner(s) of the property and must receive site plan approval and obtain a building permit for the property in compliance with the provisions of 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 Reconstruction 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. The provision of any Reconstruction Grant will be administered on a first come first served basis to the limit of available funding and in accordance with any administrative rules governing this and other grant programs. General Terms of Grant Any Reconstruction Grant will be provided as a one time grant to the registered owner of the property. Grants will be in the amount of up to $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. This grant program is not intended to encourage the neglect or demolition of existing buildings. Other Proqrams Provided all eligibility criteria and conditions are met for this program, participation in the Reconstruction 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 Reconstruction 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 Eliaible Works and Submission of Quotations The reconstruction 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 up to a maximum of $10,000. 4. Decision of Director of Plannina Services The final decision on whether a property is eligible for an Reconstruction 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 Reconstruction 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 Reconstruction Grant 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.