6. INTENTION TO DESIGNATE the INTENTION DE DÉSIGNATION DE LA ZONE |
Committee Recommendations
That Council:
1. Designate the area
described by Document 1 as a Business Improvement Area (BIA) under Section 204
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
designating the area, as defined in Document 1, as a Business Improvement Area,
in accordance with Section 210 of the Municipal
Act, 2001;
3. Authorize and direct
the City Solicitor to:
(i) Prepare a by-law to
designate the area as a Business Improvement Area, as described in Document 1,
to be named the "Wellington West Business Improvement Area;"
(ii) Prepare a by-law to
establish the Board of Management of the Business Improvement Area, to be named
the "Wellington West Business Improvement Area Board of Management;"
4. Enact the two
aforementioned by-laws in accordance with section 204 of the Municipal Act, 2001, subject to the City
Clerk reporting favourably on the results of the intention to pass a by-law
designating the area referred to in Recommendation (2).
Recommandations du comité
Que le Conseil :
1. Designe la zone d'amélioration
commerciale (ZAC) le secteur décrit dans le Document 1, conformément à
l'article 204 de la Loi de 2001 sur les
municipalités de l'Ontario;
2. Charge le greffier de la Ville
d'émettre un avis sur l'intention du Conseil d'adopter un règlement désignant
zone d'amélioration commerciale le
secteur défini dans le Document 1, conformément à l'article 210 de
la Loi de 2001 sur les municipalités de
l'Ontario;
3. Charge le chef du contentieux des
tâches suivantes :
(i) Préparer
un règlement visant à désigner le secteur décrit dans le Document 1 zone
d'amélioration commerciale, qui sera nommé « zone d'amélioration commerciale de
Wellington Ouest »;
(ii) Préparer
un règlement visant à constituer le conseil de gestion de la zone
d'amélioration commerciale, qui sera nommé « Conseil de gestion de la zone
d'amélioration commerciale de Wellington Ouest »;
4. Adopte les deux règlements
susmentionnés conformément à l'article 204 de la Loi de 2001 sur les municipalités de l'Ontario, sous réserve de l'assentiment
du greffier de la Ville concernant les résultats de la demande d'adoption d'un
règlement désignant le secteur mentionné à la recommandation (2).
Documentation
1. Deputy City Manager's report (Planning,
Transit and the Environment) dated
28 September 2007 (ACS2007-PTE-ECO-0012).
Report to/Rapport au :
Corporate Services and
Economic Development Committee
Comité des services organisationnels et du développement économique
and Council / et au Conseil
28 September 2007 / le 28 septembre 2007
Submitted by/Soumis par : Nancy Schepers,
Deputy City Manager / Directrice municipale
adjointe,
Planning, Transit and the Environment / Transport en commun et
Environnement
Contact
Person/Personne ressource : Rob Mackay, A/Director Director / Directeur par
intérim, Economic and Environmental Sustainablity / Direction de la viabilité
économique et de la durabilité de l’environnement, (613) 580-2424, 22632
Rob.Mackay@ottawa.ca
SUBJECT: |
WELLINGTON WEST BUSINESS
IMPROVEMENT AREa |
|
|
OBJET : |
iNTENTION DE
DÉSIGNATION DE LA ZONE D'AMÉLIORATION
COMMERCIALE DE WELLINGTON OUEST |
REPORT RECOMMENDATIONS
That the Corporate Services
and Economic Development Committee recommend Council:
1. Designate the area
described by Document 1 as a Business Improvement Area (BIA) under Section 204
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
designating the area, as defined in Document 1, as a Business Improvement Area,
in accordance with Section 210 of the Municipal
Act, 2001;
3. Authorize and direct the
City Solicitor to:
(i) Prepare a by-law to designate the area as a
Business Improvement Area, as described in Document 1, to be named the
"Wellington West Business Improvement Area;"
(ii) Prepare a by-law to establish the Board of
Management of the Business Improvement Area, to be named the "Wellington West
Business Improvement Area Board of Management;"
4. Enact the two
aforementioned by-laws in accordance with section 204 of the Municipal Act, 2001, subject to the City
Clerk reporting favourably on the results of the intention to pass a by-law
designating the area referred to in Recommendation (2).
Que le Comité des services organisationnels et
du développement économique recommande ce qui suit au Conseil :
1. Zone d'amélioration commerciale (ZAC) le
secteur décrit dans le Document 1, conformément à l'article 204 de la Loi de 2001 sur les municipalités de
l'Ontario;
2. Charger le greffier de la Ville d'émettre un
avis sur l'intention du Conseil d'adopter un règlement désignant zone
d'amélioration commerciale le secteur défini dans le Document 1, conformément à
l'article 210 de la Loi de 2001 sur les
municipalités de l'Ontario;
3. Charger le chef du contentieux des tâches
suivantes :
(i) Préparer un règlement
visant à désigner le secteur décrit dans le Document 1 zone d'amélioration
commerciale, qui sera nommé « zone d'amélioration commerciale de Wellington
Ouest »;
(ii) Préparer un règlement
visant à constituer le conseil de gestion de la zone d'amélioration
commerciale, qui sera nommé « Conseil de gestion de la zone d'amélioration
commerciale de Wellington Ouest »;
4. Adopter les deux règlements susmentionnés
conformément à l'article 204 de la Loi de
2001 sur les municipalités de l'Ontario, sous réserve de l'assentiment du
greffier de la Ville concernant les résultats de la demande d'adoption d'un
règlement désignant le secteur mentionné à la recommandation (2).
BACKGROUND
A Business Improvement Area (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-help program aimed at stimulating local business. BIAs are funded by a special levy paid by property owners and tenants within the designated area. This money is used in an ongoing effort to draw more prospective customers to the BIA by improving the attractiveness of the area and promoting it as a good place to shop, visit and do business.
Once a BIA is approved by City Council, every business within its boundaries automatically becomes a member. There are no exceptions, under the principle that all who benefit should be required to bear their fair share of the cost of the program. While a BIA arises from the retail and professional activities of a main street, it has a profound effect on the surrounding area. It serves as an economic and social anchor, helping to stabilize, revitalize, and enhance the local community.
There are now more than 230 BIAs in place across Ontario. They vary in size from less than 60 businesses and property owners to more than 2,000. The BIA concept has also spread beyond the boundaries of Ontario. More than 1,500 communities have adopted the concept across the United States and in most provinces in Canada. The City of Ottawa currently has 13 BIAs that represent over 3,400 businesses.
The Economic Development Division has been working with the Wellington West steering committee to establish a BIA along Wellington Street West, including properties along the Parkdale/Holland Avenue corridor, and Somerset Street West (Document 1). The committee is comprised of business operators and owners in the described area. The members have been actively promoting the area and exploring the idea of establishing a BIA for over a year.
Economic Development staff have participated in public meetings, providing details on the process of establishing a BIA and on the support programs offered to BIAs by the City. Councillor Christine Leadman, the local councillor for the area, has been very supportive of the initiatives of the steering committee and is a strong advocate for the creation of a BIA.
The Wellington West steering committee has submitted a letter (Document 2) to the City Clerk's office confirming that they have successfully undertaken the public consultation process recommended by the City, and are formally requesting that City Council adopt a by-law to establish a BIA. 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 designate the area as a BIA to all property owners in the affected area (Document 3). 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. Under Section 210 of the Ontario Municipal Act, 2001 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 notice who are responsible for at least one-third of the tax on property in the proposed BIA.
As a result of recent Bill 130 amendments to the Municipal Act, 2001, BIAs are now "local boards" of the municipality. As part of these amendments, the municipality may vary traditional BIA provisions in the Municipal Act, 2001 to meet the requirements of local BIAs. The municipality may also establish codes of conduct to ensure accountability and transparency for its local boards. Staff will continue to advise existing and new BIAs on future measures undertaken pursuant to these amendments, including the application of accountability and transparency policies to BIAs.
DISCUSSION
The three areas along Wellington West have grown up at different times – with Hintonburg growing in the 1800's and early 20th century, Wellington Village from 1920-1950, and the Parkdale Market area largely redeveloped since the 1970s – and have distinctive characteristics and different needs. But as of 2005, businesses from all parts of this area share a single main street: Wellington Street West, and a need to cooperate to promote and identify the area as a valuable destination for shoppers. At various times, different associations have sprung up to address the needs of parts of the area, with varying degrees of success. This is the first time such a large group of businesses have come together with such a clear vision for creating a single, dynamic business district.
The establishment of the BIA was driven by the recognition of a few key challenges facing the Wellington Street West corridor:
· Competition: the area is surrounded by strong BIAs in Westboro, Somerset Chinatown, and Preston Street, with a number of others nearby on Bank Street, Sparks Street, and new one proposed for the Glebe. Together, these areas invest more than $2 Million annually through their BIAs to beautify their streets, promote their areas, and advocate for their businesses – and this does not include the millions more being invested in Downtown Rideau, Byward Market, Vanier, and the new suburban BIAs of Orleans and Barrhaven.
· Need for a neighbourhood identity/brand: Wellington Street West is often confused with Richmond Road and Somerset with which it is connected, and the Wellington Street downtown with which it is no longer connected. In addition, the three sub-areas are often confused with neighbouring communities like Westboro and Mechanicsville.
· Construction: a major overhaul of the Wellington Street West streetscape is planned within the next few years. During this turbulent process, BIAs have proven themselves again and again to be the most effective single point of contact between area businesses and the city.
·
Diverse needs:
The area faces a number of distinct business challenges that need to be
addressed in a co-ordinated, intelligent manner. One area, Wellington Village,
is seen as "trendy", but property values, rents, and development
pressures are quickly changing the face of the area. In the historic Hintonburg
main-street area, an area that is widely perceived as economically troubled,
high vacancy rates and social issues create a need for focused economic
development. The Parkdale Market district in Hintonburg between Parkdale and
Holland is a vibrant mixed use area that is moving beyond being just a place to
buy fresh produce, and is becoming a hub for the arts and entertainment.
In
addition to these challenges, an opportunity currently exists in the area of
the proposed BIA in the form of a pilot project undertaken by the City. The pilot, entitled Neighbourhood Planning
Initiative seeks to develop a Neighbourhood Plan document to identify the
neighbourhood priorities and action plan.
The pilot is currently underway and the final Neighbourhood Plan
document is anticipated in the spring of 2008.
CONSULTATION
In order to provide information on the BIA proposal to businesses in the community, and to determine their level of support, the Wellington West BIA steering committee reached out to the business community if a number of ways:
- BIA information packages were prepared and distributed to over 300 businesses.
- Personal and on-line surveys were conducted. Of the 100 responses to the survey, 85 per cent indicated positive support for a Wellington West BIA, with only three per cent opposing. The remaining 12 per cent indicated, “maybe”.
- The 17 members of the Steering Committee, as well as the City Councillor, regularly shared information about the BIA within their respective networks
- Formal presentations were made at an Open House, which attracted approximately 40 commercial property and business owners
- Both the Wellington Village Business Association (WVBA) and Hintonburg Economic Development Committee (HEDC) shared information about the BIA within their respective networks
- Presentations regarding the BIA were made at two WVBA meetings
- Regular articles and updates were provided by the local media – the Kitchissippi Times
- All commercial property owners in the area were provided advance written notification on two occasions regarding the plans to establish a BIA
Economic Development staff has consulted regularly with representatives from the Wellington West steering committee and the local Councillor leading up to their formal request to the City to designate a BIA.
FINANCIAL IMPLICATIONS
BIAs 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 Economic Development Division budget
SUPPORTING DOCUMENTATION
Document 1 Proposed Wellington West BIA Boundary
Document 2 Letter from Wellington West BIA Steering Committee
Document 3 Notice of Intention to Designate Wellington West BIA
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 a 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.
August 29, 2007
City Of Ottawa
Planning and Development & Strategic Projects Branch
110 Laurier Avenue West, 5th Floor
Ottawa, Ontario
K1P 1J1
Attention: Darrell Cox, Economic Development Consultant
Dear Mr. Cox,
Please accept this letter as a formal request to create a Business Improvement Area (BIA) for the commercial properties and businesses along the Wellington Street West corridor, including the Hintonburg main-street area, the businesses around the Parkdale Market, and the area known as Wellington Village.
This formal request for a BIA is the result of more than a year of preparations and discussions with hundreds of business enterprises through direct contact, general meetings, mass-mail notices and a door-to-door survey of over 25 per cent of the businesses. The overall conclusion from these discussions: the time is right for a BIA in Wellington West.
The attached documents prepared by the Steering Committee, set out our plans and requirements for this effort, including initial structure, objectives, boundaries, membership, budget and anticipated timeframes. Also attached are the results of the survey of commercial property and business owners.
On behalf of the Steering Committee, I would request that you process this BIA application immediately and keep the committee apprised at key points, as the application follows its course to completion.
Thank you and best regards,
Michel Frojmovic Dennis van Staalduinen
michel@acaciaconsulting.ca dennis@brandvelope.com
Advisors
Wellington West BIA Steering Committee
c/o 430
Parkdale Avenue, Ottawa, K1Y 1H1
DOCUMENT 3
NOTICE OF INTENTION TO DESIGNATE
WELLINGTON WEST BIA
Dear Property Owner:
Re: NOTICE
OF INTENTION
Designation of Wellington West Business Improvement Area (BIA)
In accordance with Section 204 of the Municipal Act, hereinafter referred to as “the Act”, the Wellington Street West Steering Committee has requested the City of Ottawa to designate the area as outlined in the map attached as Document 1 as a Business Improvement Area.
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 Wellington West BIA request, please contact
Michel Frojmovic,
michel@acaciaconsulting.ca.
The request to designate a BIA under the provisions of the Act was subsequently approved by City Council at its meeting held October 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 204 (1) designating an improvement area, 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.
(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 October 25, 2007. Therefore please note that the dates referred to above will be: Subsection (2) (a) November 24, 2007, and Subsection 3 December 24, 2007.
Yours truly,
P.G. Pagé
City Clerk
City of Ottawa
110 Laurier Avenue
West
Ottawa, ON K1P 1J1