Report to/Rapport au :
Corporate Services and
Economic Development Committee
Comité des services organisationnels et du développement économique
and Council / et au Conseil
4 January 2008 / le 4 janvier 2008
Submitted by/Soumis par : Nancy Schepers, Deputy City Manager /
Directrice
municipal adjointe
Planning,
Transit and the Environment /
Urbanisme, Transport en commun et Environnement
Contact Person/Personne ressource : Ian Duff, Acting Manager/Gestionnaire
par intérim, Economic Development/Développement Économique, Economic and
Environmental Sustainability/Viabilité économique et de la
durabilité de l’environnement
(613) 580-2424 x 22339, Ian.duff@ottawa.ca
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SUBJECT: |
INTENTION TO EXPAND THE westboro |
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OBJET : |
INTENTION
D’AGRANDIR LA ZONE |
REPORT RECOMMENDATIONS
That the Corporate Services and
Economic Development Committee recommend Council:
1. Designate the area described by
Document 1 as an expanded Business Improvement Area (BIA), under Sections 204
and 209 of the Municipal Act, 2001;
2. Authorize and direct the City Clerk to
send out a notice of Council's intention to pass a by-law to alter the existing
BIA boundaries, as defined in Document 1, in accordance with Section 210 of the
Municipal Act, 2001;
3. Authorize and direct the City Solicitor
to prepare a by-law to designate the area as an expanded Business Improvement
Area, as described in Document 1, in accordance with Sections 204 and 209 of
the Municipal Act, 2001; and
4. Enact the aforementioned by-law in
accordance with section 204 and 209 of the Municipal
Act, 2001, subject to the City Clerk
receiving favourable results on the notices referred to in Recommendation 2,
advising of the intention to pass a by-law expanding the boundary.
RECOMMANDATIONS DU RAPPORT
Que le Comité des services organisationnels et
du développement économique recommande au Conseil :
1. de
désigner le secteur décrit dans le document 1 ci-joint comme zone
d’amélioration commerciale (ZAC) agrandie en vertu des articles 204 et 209 de
la Loi de 2001 sur les municipalités;
2. de
permettre et de prescrire au greffier de la Ville de publier un avis de
l’intention du Conseil d’adopter un règlement municipal modifiant les limites
de la ZAC actuelle, définie dans le document 1 ci-joint, conformément à
l’article 210 de la Loi de 2001 sur les municipalités;
3. de
permettre et de prescrire au chef du contentieux de rédiger le texte d’un
règlement municipal désignant le secteur décrit dans le document 1 ci-joint
comme zone d’amélioration commerciale agrandie en vertu des articles 204 et 209
de la Loi de 2001 sur les municipalités;
et
4. d’adopter
le règlement municipal susmentionné en vertu des articles 204 et 209 de la Loi de 2001 sur les municipalités, à condition
que le greffier de la Ville reçoive des réponses généralement favorables à
l’avis, mentionné dans la recommandation 2, de l’intention d’adopter un
règlement municipal agrandissant la ZAC.
BACKGROUND
The Westboro Village Business Improvement Area (BIA) has been in existence since January 1, 1979, representing businesses on Richmond Road between Golden Avenue and Tweedsmuir Avenue. A BIA is an association of property owners and businesses within a specified geographic area who join together, with official approval of the City under section 204 of the Ontario Municipal Act, 2001, in a self-funded program aimed at stimulating local business in the area.
The Westboro BIA Board of Management has submitted a letter (Document 2) to the City Clerk's office formally requesting that City Council adopt a by-law to expand the boundaries of the BIA to better reflect the entire Westboro commercial district. This would mean the incorporation of additional properties as identified on the enclosed map (Document 1). Pursuant to the Ontario Municipal Act, 2001 Section 210, the next step in the process is a requirement that Council authorize the City Clerk to send out a notice of intention (Document 3) to designate the area as a BIA to all property owners in the affected area. The property owner then must within 30 days after the notice is mailed give a copy of the notice to each tenant of the property to which the notice relates who is required to pay all or part of the taxes on the property.
For the purpose of defeating the by-law, the municipality’s period for receiving sufficient objections is 60 days from the latest day of mailing of the notice by the municipality. Council cannot pass a proposed BIA by-law if the municipality receives a petition signed by at least one‑third of the persons entitled to the notice, and the objectors are responsible for, in the case of a proposed addition to an existing improvement area, at least one-third of the taxes levied for purposes of the general local municipality levy on rateable property in all prescribed business property classes in the improvement area, or at least one-third of the taxes levied for purposes of the general local municipality levy on rateable property in all prescribed business property classes in the geographic area the proposed by-law would add to the existing improvement area.
DISCUSSION
The request to expand the Westboro Village BIA boundaries is based on the need to be inclusive of all businesses within the Village's community. A natural evolution of the existing commercial strip along Richmond Road, the new boundary would extend eastward along Richmond Road to Island Park Drive, meaning the BIA would beautify the newly expanded area with the same attractive and unique design aesthetics found in the existing BIA.
The extended boundary would also allow the Westboro BIA to enhance Westboro Village's already powerful brand as Ottawa's number one destination shopping area through to Island Park Drive. With its year round marketing initiatives, Westboro Village BIA would also work to enhance the marketing capacity of these new members, allowing them to engage in the critical outreach that is necessary to the success of their businesses.
CONSULTATION
The Westboro Village BIA has undertaken a variety of consultation activities over the past six months. Several letters and information packages have been mailed or hand delivered to property and business owners in both the existing BIA and proposed expansion area, informing them of the BIAs desire to expand their boundary. Two public meetings have been held to discuss the initiative, and to provide further information on the BIA and its programs, and to explain the expansion process.
Economic Development staff has consulted regularly with the Executive Director of the Westboro Village BIA and the local Councillor leading up to their formal request to the City to expand the boundaries of the BIA.
FINANCIAL IMPLICATIONS
BIAs are funded by a special levy to commercial and industrial property owners and tenants within the designated area based on the yearly budget requirement submitted by the BIAs Board of Management. The Financial Services Unit will be responsible for providing resources to the BIA and will be able to do so through existing resources and efficiencies.
Funds are available for mail out costs within the existing 2008 Economic Development Division budget.
SUPPORTING DOCUMENTATION
Document 1 Proposed Boundary Expansion Map
Document 2 Letter from Westboro Village BIA to City Clerk
Document 3 Letter from City Clerk to Property Owners
DISPOSITION
City Clerk will forward notices to affected property owners as provided for in the Ontario Municipal Act, 2001.
Legal Services Branch will prepare a by-law to designate the area as an expanded Business Improvement Area, as described in Document 1, in accordance with Sections 204 and 209 of the Ontario Municipal Act, 2001, and place the aforementioned by-law on the Orders of the Day, subject to the responses to the aforementioned notices. Economic Development staff will report back on the results of the circulation, and whether the expansion was successful
DOCUMENT 1
PROPOSED BOUNDARY EXPANSION MAP
DOCUMENT 3
LETTER FROM
CITHY CLERK TO PROPERTY OWNERS
January 23, 2008
Dear Property Owner:
Re: NOTICE
OF INTENTION
Intention to Expand the Boundaries of the Westboro Village Business
Improvement Area (BIA)
In accordance with Section 204 of the Ontario Municipal Act, 2001 hereinafter referred to as “the Act”, the Westboro Village BIA Steering Committee has requested the City of Ottawa expand the boundaries of the BIA as outlined in the map attached as Attachment 1.
A BIA is a tool to develop and undertake promotional programs and/or streetscape beautification for the business area. These programs are financed through a special levy, which is applied to all commercial and industrial property owners in the area who usually pass the cost on to business tenants. For more information on the Westboro Village BIA request, please contact Elaina Martin, Executive Director, 613-729-8145, or executivedirector@westborovillage.com.
The request to expand the boundaries of
the B.I.A. under the provisions of the Act was subsequently approved by City
Council at its meeting held January 23, 2008.
In this regard, attached are Sections 209 and 210 of the Act (Attachment
2).
You will note Section 210 (2), outlines obligations of landlords to provide copies within specific timeframes. This notice is being sent by registered mail on January 25, 2008. Therefore please note that the dates referred to in the Act will be: Section 210 (2) (a) February 24, 2008, and Section 210 (3) (a) March 25, 2008.
Yours truly,
original signed
by
P.G. Pagé
City Clerk
City of Ottawa
110 Laurier Avenue
West
Ottawa, ON K1P 1J1
Attachment 1 -
Proposed Westboro Village Business Improvement Area
boundary expansion
Attachment 2 -
Ontario Municipal Act, 2001
Changes
to boundary
209. The municipality
may alter the boundaries of an improvement area and the board of management for
that improvement area is continued as the board of management for the altered
area. 2001, c. 25, s. 209.
Notice
210. (1) Before
passing a by-law under subsection 204 (1), clause 208 (2) (b), subsection 208
(3) or section 209, notice of the proposed by-law shall be sent by prepaid mail
to the board of management of the improvement area, if any, and to every person
who, on the last returned assessment roll, is assessed for rateable property
that is in a prescribed business property class which is located,
(a)
Where the improvement area already exists, in the improvement area and in any
geographic area the proposed by-law would add to the improvement area; and
(b)
Where a new improvement area would be created by the proposed by-law, in the
proposed improvement area. 2001, c. 25, s. 210 (1).
When
notice received
(2) A
person who receives a notice under subsection (1) shall, within 30 days after
the notice is mailed,
(a)
Give a copy of the notice to each tenant of the property to which the notice
relates who is required to pay all or part of the taxes on the property; and
(b)
Give the clerk of the municipality a list of every tenant described in clause
(a) and the share of the taxes that each tenant is required to pay and the
share that the person is required to pay. 2001, c. 25,
s. 210 (2).
Objections
(3) A
municipality shall not pass a by-law referred to in subsection (1) if,
(a)
Written objections are received by the clerk of the municipality within 60 days
after the last day of mailing of the notices;
(b)
The objections have been signed by at least one-third of the total number of
persons entitled to notice under subsection (1) and under clause (2) (a); and
(c)
The objectors are responsible for,
(i)
In the case of a proposed addition to an existing improvement area,
(A)
At least one-third of the taxes levied for purposes of the general local
municipality levy on rateable property in all prescribed business property
classes in the improvement area, or
(B)
At least one-third of the taxes levied for purposes of the general local
municipality levy on rateable property in all prescribed business property
classes in the geographic area the proposed by-law would add to the existing
improvement area, or
(ii)
in all other cases, at least one-third of the taxes levied for purposes of the
general local municipality levy on rateable property in all prescribed business
property classes in the improvement area. 2001, c. 25,
s. 210 (3).
Withdrawal
of objections
(4) If
sufficient objections are withdrawn in writing within the 60-day period
referred to in clause (3) (a) so that the conditions set out in clause (3) (b)
or (c) no longer apply, the municipality may pass the by-law. 2001, c. 25,
s. 210 (4).
Determination
by clerk
(5) The
clerk shall determine whether the conditions set out in subsection (3) have
been met and, if they are, shall issue a certificate affirming that fact. 2001,
c. 25, s. 210 (5).
Determination
final
(6) The determination by the clerk is final. 2001, c. 25, s. 210 (6).