4. PRESTON STREET BUSINESS
IMPROVEMENT AREA BOUNDARY EXPANSION

ÉLARGISSEMENT DES LIMITES DE LA ZONE
D’AMÉLIORATION COMMERCIALE DE LA RUE PRESTON

Committee RecommendationS

That Council:

1. Designate the proposed area as further described in Document 1, as an expanded Business Improvement Area, under Sections 204 and 209 of the Municipal Act, 2001 based on results from the notification process for the Preston Business Improvement Area; and

2. Enact the By-law in the form attached as Document 1, to amend the Preston Business Improvement Area By-law 86-87 and expand the area.

RecommandationS du comité

Que le Conseil :

1. désigne le secteur proposé, tel que décrit dans le document 1, comme une Zone d'amélioration commerciale élargie, en vertu des articles 204 et 209 de la Loi sur les municipalités de 2001, en fonction des résultats du processus de notification pour la Zone d'amélioration commerciale de la rue Preston ; et

2. adopte le Règlement sous la forme présentés dans le document 1 ci-joint, afin de modifier le Règlement 86-87 sur la Zone d'amélioration commerciale de la rue Preston et d'élargir cette zone.

Documentation

1. Deputy City Manager's report (Planning, Transit and the Environment) dated
4 February 2008 (ACS2008-PTE-ECO-0010).

2. Extract of Draft Minute, 19 February 2008.

Report to/Rapport au :

Corporate Services and Economic Development Committee

Comité des services organisationnels et du développement économique

and Council / et au Conseil

4 February 2008 / le 4 février 2008

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 : Rob Mackay, A/Director,

Economic and Environmental Sustainability

Direction de la viabilité économique et de la durabilité de l’environnement

(613) 580-2424 x 22632, rob.mackay@ottawa.ca

Somerset (14)

Ref N°: ACS2008-PTE-ECO-0010

SUBJECT:	PRESTON STREET BUSINESS IMPROVEMENT AREA BOUNDARY EXPANSION
OBJET :	ÉLARGISSEMENT DES LIMITES DE LA ZONE D’AMÉLIORATION COMMERCIALE DE LA RUE PRESTON

REPORT RECOMMENDATIONS

That the Corporate Services and Economic Development Committee recommend Council:

1. Designate the proposed area as further described in Document 1, as an expanded Business Improvement Area, under Sections 204 and 209 of the Municipal Act, 2001 based on results from the notification process for the Preston Business Improvement Area ; and

2. Enact the By-law in the form attached as Document 1, to amend the Preston Business Improvement Area By-law 86-87 and expand the area.

RECOMMANDATIONS DU RAPPORT

Que le Comité des services organisationnels et du développement économique recommande au Conseil :

1. De désigner le secteur proposé, tel que décrit dans le document 1, comme une Zone d'amélioration commerciale élargie, en vertu des articles 204 et 209 de la Loi sur les municipalités de 2001, en fonction des résultats du processus de notification pour la Zone d'amélioration commerciale de la rue Preston; et

2. D'adopter le Règlement sous la forme présentés dans le document 1 ci-joint, afin de modifier le Règlement 86-87 sur la Zone d'amélioration commerciale de la rue Preston et d'élargir cette zone.

BACKGROUND

On March 28, 2007, Council authorized and directed the City Clerk to send out notice of Council's intention to pass a by-law to expand the existing Business Improvement Area (BIA) boundaries for the Preston BIA, in accordance with Section 210 of the Municipal Act. Council cannot pass a proposed BIA By-law if the municipality receives petitions signed by at least one‑third of the persons entitled to the notice, and those objectors are also responsible for at least one-third of the taxes levied in either the current area or proposed expansion area. The City did not receive sufficient objections and is permitted to enact the expansion by-law.

Based on the objections received and expansion plans for surrounding BIAs, the Preston BIA resolved to remove certain properties from the proposed expansion area at this time. The revised area described in the attached by-law addresses concerns raised in the objections received and will also permit certain properties along Somerset Street to form part of a future Somerset BIA expansion. The BIA has also made arrangements for maximum dollar amounts to be levied on certain properties through the annual levy by-law. As a result of ammendments to the Municipal Act by Bill 130, Council has the ability to makes changes to local boards, including passing by‑laws with respect to the restriction or expansion of local boards such as BIAs. Staff have updated the expansion area map to meet the BIA's intended expansion and recommend Council approve the area described in the attached by-law.

DISCUSSION

The request to expand the Preston BIA boundaries originates from the BIA Board of Management’s desire to have more clearly defined boundaries that will be more inclusive of all businesses in the existing business community, including future growth areas adjacent to the BIA.

The current east and west boundaries, as referenced in Document 1, were drawn according to where businesses were located when the BIA was designated in 1986. These boundaries are irregular and create confusion for new businesses located in the Preston Street area when determining whether they are included in the BIA. The extension of the boundaries east to Rochester Street will assist in providing more clearly defined borders, and will include all of the area that is considered to be “Little Italy”.

The inclusion of the lands between the CPR track and the existing BIA boundary is seen as an opportunity by the Preston Street BIA Board to ensure that there is cohesion between any future residential, commercial, and office development and the existing business area.

CONSULTATION

The Preston Street BIA has consulted by way of letter with the property owners in the proposed expansion area. Economic Development staff has consulted regularly with the Executive Director of the Preston Street BIA and the local Councillor 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.

SUPPORTING DOCUMENTATION

Document 1 Preston Street Business Improvement Area

DISPOSITION

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.

Document 1

Preston Street Business Improvement Area

PRESTON STREET BUSINESS IMPROVEMENT
AREA BOUNDARY EXPANSION

ÉLARGISSEMENT DES LIMITES DE LA ZONE
D’AMÉLIORATION COMMERCIALE DE LA RUE PRESTON

ACS2008-PTE-ECO-0010 SOMERSET (14)

In response to questions from Councillor McRae, Ms. N. Schepers, Deputy City Manager of Planning, Transit and the Environment, advised staff had received an objection from Public Works Canada, which owned land within the area of the boundary expansion. She confirmed that the federal agency would be exempt from the BIA levy. However, she indicated they had some questions and felt they had not been given enough time to review the proposal. On this basis, staff was recommending the item be deferred to a subsequent meeting.

Responding to further questions from Councillor McRae, Mr. R. Mackay, Acting Director of Economic and Environmental Sustainability, reported a representative from Public Works had left a message on his voice-mail the previous day, which he had begun to deal with the previous evening. However, he had been unable to reach his staff until the morning.

Councillor McRae wanted the Minutes to reflect the fact that the City had received notice of Public Works’ objection less than 24 hours before Committee was scheduled to deal with the issue. She acknowledged the desire to maintain friendly relations with the federal government and she expressed her willingness to defer to the Ward Councillor on this matter. However, she felt it was unacceptable for the federal government to come in and stop a process that had been on-going for some time. Therefore, she asked staff to explain the process and to outline what advantage there would be in delaying the process. Mr. Mackay maintained the report was before Committee for approval. He re-iterated that the federal government would not be required to pay the BIA levy. However, having had a quick conversation with representatives from Public Works prior to the meeting, he indicated their concerns had nothing to do with the levy. They simply did not want to be part of any type of district that would place any further restrictions on the property. In closing, he expressed staff’s desire to work with Public Works and the BIA to see if some sort of understanding or agreement could be reached.

Councillor McRae suggested Committee may want to direct staff to get more information. However, she noted the BIA would also need to be consulted and she expressed a desire to hear from the Ward Councillor before making any decision.

Councillor Holmes, the Ward Councillor, reported that, more than a year prior, all property owners within the area of the proposed boundary expansion were mailed out information about the BIA boundaries and asked for their comments. She indicated quite a few property owners had responded and, as a result, there had been negotiations and changes to the boundaries to ensure each were in agreement with their respective properties being either included or excluded. Although she could understand the federal government wanting to keep all their options open, should they want to sell the land, she felt it was unacceptable to wait until the night before Committee’s consideration of the matter before voicing their objection. She submitted if this had happened a few months earlier, there could have been discussions. However, she thought it was unacceptable to come forward at the last minute and ask for special consideration when there had been negotiations over a number of months with property owners who had responded to the mail-out at the appropriate time.

Responding to questions from Mayor O’Brien with respect to whether or not Committee could make this decision in light of the objection received, Mr. R. O’Connor, City Solicitor, noted the matter would have to rise to Council the following week. Therefore, he suggested that Committee either approve the report and send it on to Council for a final decision or « refer » the matter to Council for its consideration. In the interim, he recommended Committee direct staff to clarify any objections or issues with respect to both the BIA and the federal government.

At this juncture, Committee voted to approve the report recommendations.

That the Corporate Services and Economic Development Committee recommend Council:

1. Designate the proposed area as further described in Document 1, as an expanded Business Improvement Area, under Sections 204 and 209 of the Municipal Act, 2001 based on results from the notification process for the Preston Business Improvement Area ; and

2. Enact the By-law in the form attached as Document 1, to amend the Preston Business Improvement Area By-law 86-87 and expand the area.

CARRIED