Report to/Rapport au :

Corporate Services and Economic Development Committee

Comité des services organisationnels et du développement économique

and Council / et au Conseil

12 December 2006 / le 12 décembre 2006

Submitted by/Soumis par : Nancy Schepers, Deputy City Manager/

Directrice municipale adjointe,

Planning, Transit, and the Environment /

Urbanisme, Transport en commun et Environnement

Contact Person/Personne ressource : Michael Murr, Manager / Gestionnaire

Economic Development / Services aux Entreprises

Economic Development and Strategic Projects/ Développement économique et Projets stratégiques

(613) 580-2424 x 25195, Michael.Murr@ottawa.ca

Barrhaven (3), Gloucester-South Nepean (22)

Ref N°: ACS2007-PTE-ECO-0002

SUBJECT:	iNTENTION TO EXPAND THE BARRHAVEN BUSINESS IMPROVEMENT AREA BOUNDARy

OBJET :	iNTENTION D'ÉTENDRE LES LIMITES DE LA ZONE D'AMÉLIORATION COMMERCIALE DE BARRHAVEn

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 Ontario 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 Ontario 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 Ontario Municipal Act, 2001; and

4. Enact the aforementioned by-law in accordance with section 204 and 209 of the Ontario Municipal Act, 2001, subject to the City Clerk receiving favourable results on the notice of intention referred to in Recommendation 2.

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 comme zone d'amélioration commerciale (ZAC) élargie en vertu des articles 204 et 209 de la Loi de 2001 sur municipalités de l'Ontario;

2. de prescrire au greffier de la Ville d'envoyer un avis de l'intention du Conseil d'adopter un règlement municipal modifiant les limites actuelles de la ZAC, suivant ce qui est indiqué dans le document 1, conformément à l'article 210 de la Loi de 2001 sur municipalités de l'Ontario;

3. de prescrire au chef du Contentieux de rédiger un règlement municipal désignant le secteur décrit dans le document 1 comme zone d'amélioration commerciale élargie, conformément aux articles 204 et 209 de la Loi de 2001 sur municipalités de l'Ontario;

4. d'adopter le règlement municipal susmentionné conformément aux articles 204 et 209 de la Loi de 2001 sur municipalités de l'Ontario, sous réserve que le greffier de la Ville reçoive une réaction favorable à l'avis d'intention dont il est question à la recommandation 2 ci-dessus.

BACKGROUND

Created in July 2005, the Barrhaven BIA is one of 13 Business Improvement Areas in the City of Ottawa. The current Barrhaven BIA boundary is defined by Cedarview Road on the west; Woodroffe Avenue including Plan 4M820, Block 146 and 162 on Rideaucrest Drive on the east; Fallowfield Road on the north; and Cambrian Road, Prince of Wales Drive, and Jockvale Road on the south (Document 1).

The Barrhaven BIA Board of Management, at its meeting of May 9, 2006, endorsed a proposed boundary expansion of the BIA. The proposed expansion area will include all vacant commercial/industrial and developed residential lands to the west, south, and east of the existing boundary, as described in Document 1, specifically all properties within the following area:

- South side of O’Keefe Court and Fallowfield Road from Highway 416 to the west bank of the Rideau River

- West bank of the Rideau River from Fallowfield Road to the South Urban Boundary

- Lands north of the South Urban Boundary from the west bank of the Rideau River to Highway 416

- Lands east of Highway 416 from the South Urban Boundary to O’Keefe Court.

The Barrhaven BIA Board of Management has submitted a letter to the City Clerk's office formally requesting that City Council adopt a by-law to expand the boundaries of the BIA (Document 2). 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 to expand the boundaries of the BIA to every person who, on the last returned assessment roll, is assessed for rateable property that is in a prescribed business property class, in both the existing BIA boundary and proposed expansion area (Document 1). The property owner 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 expansion 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 written objections signed by at least one-third of the persons entitled to the notice who are responsible for at least one-third of the tax on property in the existing BIA and proposed expansion area.

DISCUSSION

The Barrhaven BIA Board of Management wishes to expand its boundary to be more inclusive of all businesses, potential businesses and home-based businesses in the community. While residential properties are not usually part of a BIA, given the large numbers of home-based businesses in Barrhaven, the Barrhaven BIA Board of Management has decided to include them on a voluntary fee basis. The BIA, not the City, will collect these voluntary fees.

The current boundaries exclude a very large community on the east side of Barrhaven and a developing community on the west side. Without the expansion of the BIA boundary, many commercial businesses and home-based businesses are excluded from participating in the BIA.

CONSULTATION

The Barrhaven BIA has sent a letter to the property owners in the proposed expansion area, advising them of their intent to expand the boundary, and has received no objections to date.

Economic Development staff has consulted regularly with the Executive Director of the Barrhaven BIA and the local Councillors leading up to their formal request to the City to expand the boundaries of the BIA.

FINANCIAL IMPLICATIONS

BIA's are funded by a special levy to owners and tenants within the designated area based on the yearly budget requirement submitted by the BIA's 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 2007 City Clerk's budget.

SUPPORTING DOCUMENTATION

Document 1 Map of the Barrhaven BIA boundaries existing and proposed.

Document 2 Letter from Barrhaven BIA

Document 3 Letter to Property Owners of Intent to expand the BIA boundaries.

DISPOSITION

City Clerk will forward notices as provided for in the Ontario Municipal Act, 2001. Economic Development staff will report back on the results of the circulation, and next steps to implement this request.

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.

DOCUMENT 1

MAP OF THE BARRHAVEN BIA BOUNDARIES EXISTING

AND PROPOSED

DOCUMENT 2

LETTER FROM BARRHAVEN BIA

June 20, 2006

City Of Ottawa

Corporate Services Department

City Clerks Branch

110 Laurier Avenue West

Ottawa, Ontario

K1P 1J1

Attention: Pierre Pagé, City Clerk

Mr. Pagé,

Please accept this letter as a formal request to amend the boundaries of the Business Improvement Area (BIA) for Barrhaven.

This formal request for a BIA boundary amendment in Barrhaven is based on the need to be inclusive of all businesses, potential businesses and home-based businesses in our community. While home-based businesses are not usually part of a BIA, given the large numbers of them in Barrhaven, the BBIA Board of Managers has decided to include them on a voluntary fee basis. These voluntary fees are collected by the BBIA, not the City.

The current boundaries are exclusive of a very large community on the eastern side of Barrhaven and a developing community on the western side. This will not only exclude many commercial businesses from participating in the BIA, but also the many home-based businesses that operate in those areas.

That said, the BIA boundary for the Barrhaven Business Improvement Area should be expanded to include all properties within the following perimeters:

- South side of O’Keefe Court and Fallowfield Road from Highway 416 to the west bank of the Rideau River

- West bank of the Rideau River from Fallowfield Road to the South Urban Boundary

- Lands north of the South Urban Boundary from the west bank of the Rideau River to Highway 416

- Lands east of Highway 416 from the South Urban Boundary to O’Keefe Court

On behalf of the Board of Directors, I would request that you process this BIA boundary amendment request immediately and keep the Barrhaven BIA apprised at key points, through correspondence with the Executive Director, as the application follows its course to completion. It is our intention to have the boundary amendment process completed and a new by-law issued for January 1^st, 2007.

Thank you and best regards,

Andrea Steenbakkers

Executive Director, Barrhaven Business Improvement Area

900 Greenbank Road, Suite 407

Ottawa, ON

K2J 4P6

613-612-4252

execdirector@barrhavenbia.ca

DOCUMENT 3

LETTER TO PROPERTY OWNERS OF INTENT TO EXPAND

THE BIA BOUNDARIES

January 17, 2007

Dear Property Owner:

Re: NOTICE OF INTENTION

Intention to Expand the Boundaries of the Barrhaven Business Improvement Area (BIA)

In accordance with Section 204 of the Ontario Municipal Act, 2001 hereinafter referred to as “the Act”, the Barrhaven BIA Steering Committee has requested the City of Ottawa expand the boundaries of the BIA as outlined in the map attached as Document 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 property owners in the area who usually pass the cost on to business tenants. For more information on the Barrhaven BIA request, please contact Andrea Steenbakkers, Executive Director, 613-612-4252, or execdirector@barrhavenbia.ca.

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 24, 2007.

In this regard, the following are some of the relevant provisions of Section 210 of the Act:

(1) Notice of Intention – Before passing a by-law under subsection 209 changing the boundary of a BIA, notice of the proposed by-law shall be sent by prepaid mail to every person who, on the last returned assessment roll, is assessed with respect to rateable property in the area that is in a prescribed business property class.

(2) Duties of Landlords – 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.

(3) Objections – 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 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.

(5) Sufficiency of Petition Determined by Clerk – The sufficiency of the petition described in this section shall be determined by the clerk and the determination shall be evidenced by his or her certificate and when so evidenced as final and conclusive.

This notice is being sent by registered mail on January 25, 2007. Therefore please note that the dates referred to above will be: Subsection (2) (a) February 24, 2007, and Subsection 2 (3) March 26, 2007.

Yours truly,

P.G. Pagé

City Clerk

City of Ottawa

110 Laurier Avenue West

Ottawa, ON K1P 1J1

Attach. Document 1: Proposed Barrhaven Business Improvement Area boundary expansion