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HomeMy WebLinkAboutPSD-106-08~~"~~;~~ REPORT ceaarag me way PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE n ~/ Date: Monday, October 20, 2008 ~ts~~Lt~~h ~~r A ~~~~OD Report #: PSD-106-08 File #: PLN 37.2 By-law #: ~op8 - 1 g5 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-106-08 be received; 2. THAT the Bowmanville 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: FUDJC/df 10 October 2008 Reviewed by~ "-' ~-""' '. Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-083D Director of Planning Services REPORT NO.: PSD-106-08 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 Juhe of 2005 and by the Ministry of Municipal Affairs and Housing in September 2005. 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 earmarked for 3 properties between 19'/z 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'/z to 33 King Street West there were damaged by fire and were the impetus for this request. 2.0 DESCRIPTION OF THE PROPOSED COMMUNITY IMPROVEMENT PLAN AMENDMENT 2.1 The Bowmanville Community Improvement Plan amendment consists of a grant program for 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 as set out in the grant criteria. 3.0 PUBLIC MEETING AND SUBMISSION 3.1 At the statutory public meeting held on September 8, 2008, the submissions were in support of the grant. The Bowmanville CIP amendment has the endorsement of the Bowmanville BIA and the affected properties owners on King Street. 3.2 The phone calls received from members of the public prior to the public meeting were of a general nature inquiring as to what properties would be affected. Once informed of the purpose of the grant, they were generally supportive of assisting with the reconstruction of the buildings that have been damaged by fire. REPORT NO.: PSD-106-08 PAGE 3 4.0 AGENCY COMMENTS 4.1 Letters were sent to the applicable commenting agencies on August 11, 2008 asking for comments within a. 3 week timeframe. No objections to the Bowmanville Community Improvement Plan Amendment have been received. 4.2 The Clarington Engineering Services Department, Operations Department, Emergency and Fire Services and Durham Region Health Department have no comments or concerns. 4.3 CLOCA and Rogers Cable Communications Inc. have no objections to the Bowmanville CIP reconstruction grant. 4.4 The Ministry of Municipal Affairs and Housing agree with the reconstruction grant and have provided guidance for the wording of 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. 4.5 Staff attended the Bowmanville BIA meeting on June 10th to explain the proposed amendment. The BIA favoured the proposed amendment. 4.6 The affected property owners are in favour of the proposed reconstruction grant. The property owners have been meeting with Staff on an ongoing basis; Staff are providing guidance with regard to the rebuilding process. 5.0 COMMENTS 5.1 The Bowmanville CIP Reconstruction Grant has been created to address a specific set. of circumstances within the Bowmanville CIP area. It is comparable to the infill grant programs that exist in the Newcastle and Orono CIP's; however, each grant program has been tailored to the community and circumstances for which it was created. Should something as unfortunate as a fire occur in either the Orono or Newcastle CIP areas the infill grant program would assist with the reconstruction of the lost building provided the reconstruction maintained the heritage character of the streetscape. 5.2 Based on the support expressed by the public, agencies and affected property owners, it is respecttully recommended that Amendment No. 1 (Attachment 1) to the Bowmanville Community Improvement Plan, be approved and that the necessary By-law enacted (Attachment 2). Attachment: Attachment 1 - Attachment 2 - Amendment No. 1 to the Bowmanville Community Improvement Plan By-law adopting Amendment No. 1 REPORT NO.: PSD-706-08 Interested parties to be notified of Council's decision: Bowmanville BIA, c/o Garth Gilpin Ken and Sherry Rupa Bethesda House, Jaki MacKinnon Patricia and Richard Lange Bill Walker, Cowlings PAGE 4 Attachment 1 I To Report PSD-106-08 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 program, and the desire to assist with the heritage streetscape when portions of it are natural disaster and the reconstruction effort being a public benefit. ACTUAL AMENDMENT: ADD to Section 5 of the existing grant reconstruction of the lost through a fire or meets the criteria of Section 5 and Appendix 5 of the Community Improvement Plan is hereby amended as follows: 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 facade maintains the heritage character of Bowmanville. 2. ADD to Appendix 5 1.5 Reconstruction Grant Program 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. Eligibility 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 facade 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 fapade 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 Programs 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 Aoplication 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 fnal 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 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 Planning 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. Attachment 2 To Report PSD-106-08 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2008- being a By-law to adopt Bowmanville Community Improvement Plan Amendment No. 1 WHEREAS by By-law No. 2003-186, as amended by By-law No. 2005-41 Council designated the Bowmanville community improvement project area as shown on the map contained in Schedule "A" of By-law No. 2003-86 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. 2005-123 approved the community improvement plan prepared for the Bowmanville 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 September 16, 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 Bowmanville 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 Bowmanville Community Improvement Plan. 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 Abernethy, Mayor Patti L. Barrie, Municipal Clerk SCHEDULE"A" ea a c 0 m a v a~ .~ c ~o E 3 0 m