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COMMITTEE RECOMMENDATION
That Council endorse the rates shown in Document 1 as modifications to the Area Specific Stormwater Development Charges Rates in By-law 2009-227.
RECOMMANDATION DU COMITÉ
Que le Conseil avalise les taux présentés dans le document 1, comme modifications dans le Règlement no 2209-227 des taux de redevances d’aménagement relatives aux eaux de ruissellement propres au secteur.
Documentation
1. City Clerk and Solicitor’s report dated 1 October 2010 (ACS2010-CMR-LEG-0020).
2. Extract of draft Minutes dated 4 October 2010.
Report to/Rapport au:
Planning and Environment Committee
Comité de l’urbanisme et de l’environnement
and Council/ et au Conseil
1 October 2010 / le 1 octobre, 2010
Submitted by/Soumis par : M. Rick O’Connor
City Clerk and Solicitor / Greffier et Chef du contentieux
Contact Person/Personne ressource : Timothy Marc
Senior Legal Counsel/Conseiller juridique principal
Legal Services/Services juridiques
(613) 580-2424 x21444, timothy.marc@ottawa.ca
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Cumberland (19) |
Ref N°: ACS2010-CMR-LEG-0020 |
That Planning and Environment Committee recommend Council endorse the rates shown in Document 1 as modifications to the Area Specific Stormwater Development Charges Rates in By-law 2009-227.
Que le Comité de l’urbanisme et de l’environnement recommande au Conseil d’avaliser les taux présentés dans le document 1, comme modifications dans le Règlement no 2209-227 des taux de redevances d’aménagement relatives aux eaux de ruissellement propres au secteur.
In addition to the primary development charges by-law covering all other services for which development charges may be imposed by the City, the City enacted 12 area specific stormwater development charge by-laws in June, 2009. These by-laws provide for the imposition of development charges to pay for stormwater drainage capital works required as a result of growth.
Four of these by-laws were appealed to the Ontario Municipal Board. One of these by-laws, 2009-227, was for the area known as Area E-6, lands within the Urban Area in Orléans between Mer Bleue and Tenth Line Roads south of Innes Road.
The hearing on all of the appeals to the Development Charge By-laws is scheduled to commence 19 October. Discussions have taken place with the appellants to By-law 2009-227 to determine if a resolution could be found to the appeal.
The appellants accepted the estimated capital cost of the stormwater facilities but were of the view that the forecast unit counts should be revisited. Residential development draining to the Neighbourhood 5 stormwater pond (Area E-6) had previously been based on the Community Design Plans for the Mer Bleue area and the Mer Bleue Mixed-Use Centre, which were both prepared in 2006. In the intervening time, the landowners’ plans changed slightly resulting in an increase to the total number of dwelling units planned. The mix of unit types also shifted to a higher proportion of townhouses and apartments (stacked townhouses) than stated in the CDPs.
Revisions to residential development are summarized in the table below. Corresponding revisions were also made to the land areas associated with the residential development. There is no change to planned non-residential land use.
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Original counts |
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Projected 2031 |
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Single |
Semi |
Row |
Apt |
Total |
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No. of Units |
1,062 |
200 |
882 |
1,033 |
3,177 |
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Net hectares |
48.3 |
6.3 |
20.0 |
8.3 |
82.8 |
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Revised counts |
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Projected 2031 |
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Single |
Semi |
Row |
Apt |
Total |
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No. of Units |
784 |
160 |
1,038 |
1,610 |
3,592 |
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Net hectares |
35.6 |
5.0 |
24.1 |
18.1 |
82.8 |
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Net difference |
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Projected 2031 |
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Single |
Semi |
Row |
Apt |
Total |
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No. of Units |
-278 |
-40 |
156 |
577 |
415 |
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No. of Units |
-12.6 |
-1.3 |
4.1 |
9.8 |
0.0 |
MODIFICATIONS IN CHARGES
The change in the dwelling unit numbers would result in the following changes from By-law 2009-227 as enacted:
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2009 rates as enacted |
Proposed Revised Rate as at by-law enactment |
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Single/Semi-Detached |
$5,243.00 |
$4,058.00 |
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Townhomes |
$3,750.00 |
$2,972.00 |
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Apartment Units |
$1,500.00 |
$1,631.00 |
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Non-residential (per square foot) |
$5.47 |
$5.47 |
There are no rural implications resulting from this report.
DISPOSITION
The City Clerk and Solicitor’s Department will present the outcome of this report to the Ontario Municipal Board as the position of the City in respect of singles/semi-detached units and row houses.
The Development Charges Act does not permit the Ontario Municipal Board to increase the amount of a development charge. Therefore, the increase in the rate for apartment units will require the submission of a background study and a public hearing before Planning and Environment Committee. It is anticipated that this will be brought Committee in the first quarter of 2011. As of the present date, no building permits for apartments have been issued.
DOCUMENT 1
REVISED RATES (AS AT BY-LAW ENACTMENT)
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Proposed Revised Rate as at by-law enactment |
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Single/Semi-Detached |
$4,058.00 |
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Townhomes |
$2,972.00 |
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Apartment Units |
$1,631.00 |
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Non-residential (per square foot) |
$5.47 |
EXTRACT OF draft Minutes 82 4 october 2010 |
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extrait de l’Ébauche Du ProcÈs-verbal 82 LE 4 octobre 2010 |
STORMWATER DEVELOPMENT CHARGES – BY-LAW 2009-227 – MER BLEUE ROAD TO TENTH LINE ROAD
REDEVANCES D'AMÉNAGEMENT RELATIVES AUX EAUX DE RUISSELLEMENT – RÈGLEMENT NO 2009-227 – DU CHEMIN MER BLEUE AU CHEMIN TENTH LINE
ACS2010- CMR-LEG-0020 Cumberland (19)
Committee unanimously approved a motion to add this report as an additional item at the meeting of 4 October 2010, at the request of legal staff. The item was subsequently approved.
That Planning and Environment Committee recommend Council endorse the rates shown in Document 1 as modifications to the Area Specific Stormwater Development Charges Rates in By-law 2009-227.
CARRIED