The Corporation of the Municipality of Leamington

Transcription

1 The Corporation of the Municipality of Leamington Meeting of Municipal Council Agenda Monday, January 11, 2016 Commencing at 6:00 PM In Leamington Council Chambers Special Closed Meeting of Council to be held at 5:45 PM in the Ante Room (A) (B) (C) (D) Call to Order: National Anthem: Disclosures of Pecuniary Interest: Adoption of Council Minutes: 1. Minutes of the Council Meeting (including Court of Revision for Lundy Drain and Public Meeting for Zoning By-law Amendment ZBA 91 for Destiny Estates) held January 4, 2016 Pages 4 to 11 (E) (F) Business Arising Out of the Minutes: Public Meetings/Court of Revision: None Page 1 of 41

2 Page 2, January 11, 2016, Council Meeting Agenda (G) Reports of Staff and Delegations: 1. Report PLA dated November 30, 2015 regarding Zoning By-law Amendment ZBA #125, Pentecostal Assemblies of Canada Full Gospel Tabernacle, 285 Talbot Road East (ARN ) Pages 12 to 19 Nathan Albrecht, Lead Pastor Daryl Driedger, Board Member Randy Thiessen, Board Member Rick Schell, Board Member Wolfgang Weber, Building Committee Member 2. Report ES dated January 6, 2016 regarding N-Viro Systems Canada LP Contract Pages 20 to Report PLA dated September 21, 2015 regarding Leamington Uptown Commercial District, Community Improvement Plan Update Pages 25 to Report PLA dated November 16, 2015 regarding Proposed Amendments to Uptown Commercial District, Community Improvement Plan Pages 30 to 36 Correspondence dated November 10, 2015 Uptown Community Improvement Plan (CIP) Request for Inclusion Pages 37 to 38 Jim Dyck, President/Owner of JDC.ca Inc. 5. Report BLD dated January 7, 2016 regarding Grant for Building Permit Fee, Leamington Medical Village Hospice Building, 197 to 203 Talbot Street West Pages 39 to 41 (H) Matters for Approval: None (I) Other Matters for Consideration: None (J) Report on Closed Session: Clerk to provide report on the closed session Page 2 of 41

3 Page 3, January 11, 2016, Council Meeting Agenda (K) Consideration of By-laws: By-law 3-16 being a by-law to confirm the proceedings of the Council of The Municipality of Leamington at its meeting held January 11, 2016 (L) Notices of Motion: None (M) (N) Open Session: Announcement of Upcoming Meetings/Events: Tuesday, January 12, 2016 Mayor s Youth Advisory Committee, 7:00 PM, West End Boardroom Wednesday, January 13, 2016 Leamington Accessibility Advisory Committee, 3:00 PM, West End Boardroom Monday, January 18, 2016 Council Meeting, 6:00 PM, Council Chambers (O) (P) Statement of Members: non-debatable Adjournment: Page 3 of 41

4 The Corporation of the Municipality of Leamington Minutes of the Council Meeting Held Monday, January 4, 2016 at 6:00 PM In Leamington Council Chambers Members Present: Mayor John Paterson Deputy Mayor Hilda MacDonald Councillors: Bill Dunn, John Hammond, Larry Verbeke, Tim Wilkinson Members Absent: Staff Present: Councillor John Jacobs Chief Administrative Officer Peter Neufeld Director of Infrastructure Services Rob Sharon Director of Legal and Legislative Services Ruth Orton Clerk/Manager of Legislative Services Brenda Percy Director of Community & Development Services Tracey Pillon-Abbs Director of Finance & Business Services Ramona Nordemann Manager of Planning Services Danielle Truax Economic Development Officer Jeanine Lassaline-Berglund Development Planner Brian Nagata Legal Assistant Jennifer Bavetta Disclosures of Pecuniary Interest: None noted. Adoption of Council Minutes: No. C Moved by: Seconded by: Councillor Dunn Councillor Hammond That Minutes of the Council Meeting held December 21, 2015 be adopted. Carried Business Arising Out of the Minutes: None. Page 4 of 41

5 Page 2, January 4, 2016, Council Meeting Minutes Public Meetings/Courts of Revision: 1. Court of Revision - New Access Culvert over the Lundy Drain A copy of the Minutes is attached. No. C Moved by: Seconded by: Councillor Verbeke Councillor Wilkinson That Construction Schedule of Assessment dated November 27, 2015 for the construction of a new access culvert over the Lundy Drain In Part Lot 12, Concession 9 in the Municipality of Leamington, in the County of Essex, in accordance with By-law , be confirmed. Carried 2. Public Meeting, Zoning By-law Amendment - ZBA 91, Destiny Estates Subdivision - Phases 2 and 3 A copy of the Minutes is attached. Reports of Staff and Delegations: None. Matters for Approval: None. Other Matters for Consideration: None. Report on Closed Session: None. Page 5 of 41

6 Page 3, January 4, 2016, Council Meeting Minutes Consideration of By-laws: No. C Moved by: Seconded by: Councillor Verbeke Councillor Wilkinson That the following by-law be read a first, second and third time and finally enacted: By-law 1-16 being a by-law to confirm the proceedings of the Council of The Municipality of Leamington at its meeting held January 4, Carried Notices of Motion: None Open Session of Council and Administration: Councillor Verbeke thanked administration for the work completed on the street light conversion to date, noting the new lights look great. He further noted all of the new lights on Longfield Lane are out and inquired when they will be repaired. Director of Infrastructure Services Rob Sharon informed Council that the installation of the new lights is going well. He noted there was a slight delay in production of the lights but it is expected they will all be converted by the end of January, Councillor Hammond noted he has received many compliments on the new lights and noted the conversion of the lights on his street has been completed and the new lights look great. Mayor Paterson noted he attended the well received Caldwell s annual Christmas Open House on December 23, Mayor Paterson noted on December 22, 2015 he had lunch with Pelee Island Mayor Rick Masse to discuss ongoing and future relations between Leamington and Pelee Island with respect to tourism and how the two municipalities can collaborate at future conferences. Statement of Members: non-debatable None. Page 6 of 41

7 Page 4, January 4, 2016, Council Meeting Minutes Adjournment: No. C Moved by: Seconded by: Councillor Hammond Councillor Dunn That the meeting adjourn at 6:15 PM. Carried John Paterson, Mayor Brenda M. Percy, Clerk Minutes approved at Council Meeting held January 11, 2016, Resolution C-XXX-16, Confirmation By-law XXX-16 Page 7 of 41

8 The Corporation of the Municipality of Leamington Court of Revision Minutes, Drainage Monday, January 4, 2016 at 6:01 PM Leamington Council Chambers Members Present: Deputy Mayor Hilda MacDonald, Chair Councillors: John Hammond, Larry Verbeke, Tim Wilkinson Members Absent: Also Present: Staff Present: John Jacobs Mayor John Paterson Councillor Bill Dunn Chief Administrative Officer Peter Neufeld Director of Infrastructure Services Rob Sharon Director of Legal and Legislative Services Ruth Orton Clerk/Manager of Legislative Services Brenda Percy Director of Community & Development Services Tracey Pillon-Abbs Director of Finance & Business Services Ramona Nordemann Manager of Planning Services Danielle Truax Economic Development Officer Jeanine Lassaline-Berglund Development Planner Brian Nagata Legal Assistant Jennifer Bavetta Disclosures of Pecuniary Interest: None Opening Court of Revision: Moved by: Seconded by: Councillor Verbeke Councillor Wilkinson That the Court of Revision provide for the construction of a bridge over the Lundy Drain in Part Lot 12, Concession 1 in accordance with By-law , in the Municipality of Leamington, in the County of Essex, be opened. Carried Page 8 of 41

9 Page 2, January 4, 2016, Court of Revision Minutes, Drainage Item for Consideration: 1. Construction of a Bridge over the Lundy Drain Director of Infrastructure Services Rob Sharon explained the project is being funding by one landowner and confirmed his understanding that the landowner does not have any objections to the costs. Moved by: Seconded by: Councillor Verbeke Councillor Wilkinson That Construction Schedule of Assessment dated November 27, 2015 for the construction of a new access culvert over the Lundy Drain In Part Lot 12, Concession 9 in the Municipality of Leamington, in the County of Essex, in accordance with By-law , be confirmed. Carried Closing Court of Revision: Moved by: Seconded by: Councillor Hammond Councillor Verbeke That the Court of Revision provide for the construction of a new access culvert over the Lundy Drain in Part Lot 12, Concession 9 in accordance with By-law , in the Municipality of Leamington, in the County of Essex, be closed. Adjournment: Meeting adjourned at 6:02 PM. Carried Minutes approved at Council Meeting held January 11, 2016, Resolution C-XXX-16, Confirmation By-law XXX-16 Page 9 of 41

10 The Corporation of the Municipality of Leamington Public Meeting Minutes, Zoning By-Law Amendment Monday, January 4, 2016 at 6:02 PM In Leamington Council Chambers Members Present: Mayor John Paterson Deputy Mayor MacDonald Councillors: Bill Dunn, John Hammond, Larry Verbeke, Tim Wilkinson Members Absent: Staff Present: Councillor John Jacobs Chief Administrative Officer Peter Neufeld Director of Infrastructure Services Rob Sharon Director of Legal and Legislative Services Ruth Orton Clerk/Manager of Legislative Services Brenda Percy Director of Community & Development Services Tracey Pillon-Abbs Director of Finance & Business Services Ramona Nordemann Manager of Planning Services Danielle Truax Economic Development Officer Jeanine Lassaline-Berglund Development Planner Brian Nagata Legal Assistant Jennifer Bavetta Zoning By-law Amendment #91 for Destiny Estates Subdivision Phases 2 and 3 Development Planner, Brian Nagata, provided a general overview of the history of the development of the property to date. He noted administration is in support of the proposed amendment as it will maximize lot coverage while keeping side yards open and preventing overcrowding. He also noted the amendment will not negatively impact the functionality of the abutting properties. Mr. Nagata stated comments received at the Public Meeting will be taken into consideration for the forthcoming report and recommendation to Council. Jackie Lassaline, Principle Planner, Crozier Baird, noted she provided comments and a summary to staff earlier in the day which will be forwarded to Council. Ms. Lassaline indicated her client, Golfwood Estates, which is adjacent to the Destiny Estates development, do not agree with the proposed amendment as it will not create a development that is complimentary to their development. She stated the development standards are changing and they do not believe it is acceptable. Ms. Lassaline further stated the cumulating effect of the three changes proposed in the by-law amendment will have a negative impact on the Golfwood Lakes plan of subdivision. Suzanne Balzer, Agent for the developer of Destiny Estates stated she was in attendance to respond to the comments made by the representative of Golfview Estates. Ms. Balzer stated her client believes the amendment will result in a positive Page 10 of 41

11 Page 2, October 19, 2015, Public Meeting Minutes, Zoning By-law Amendment impact on future development of the Golfview property as the proposed larger homes with integrated covered porches will increase the value of adjacent properties. Further, the integrated covered porches will discourage the future construction of additional porch additions which will result in more opens pace. Ms. Balzer stated at a minimum the proposed amendment will have no negative effect on Golfview Estates as there is no reduction in rear yard or interior sideyard sizes. Ms. Balzer stated there will be no visible impact on the Golfview Estates subdivision. In response to the comment from the Golfview representative that they were not anticipating this proposed amendment, Ms. Balzer noted that both properties were zoned R-3 at the same time and it is not correct that Destiny Estates is an infilling subdivision. Ms. Balzer stated residential development was always expected on this property. With respect to the Golfview Estates development, Ms. Balzer stated the final Goflview subdivision plan is not complete for the area adjacent to Destiny Estates as it does not have a plan of subdivision registered on it. The meeting adjourned at 6:12 PM. Minutes approved at Council Meeting held January 11, 2016 Resolution C-XXX-16, Confirmation By-law XXX-16 Page 11 of 41

12 Report PLA To: From: Mayor and Members of Council Brian Nagata, Development Planner Date: November 30, 2015 Re: Zoning By-law Amendment ZBA #125 Pentecostal Assemblies of Canada Full Gospel Tabernacle 285 Talbot Road East (ARN ) Aim: To provide Council and the public with information regarding a zoning amendment application to change the zoning for property located at 285 Talbot Road East from Commercial Highway Holding (C2(h)) Zone to an Institutional (I) Zone and remove a Holding (H) Symbol, to recognize the existing church as a permitted use. Background: Staff has received a request to amend the zoning for the property located at 285 Talbot Road East (see inserted key map) which is the Pentecostal Assemblies of Canada Full Gospel Tabernacle Church. The property has an area of 4.89 ha (12.1 ac) with a 2, m 2 (24,868 ft 2 ) church, and small baseball field with the balance of the land to the rear of the property being farmland. The northern portion of the property, approximately 2.71 ha (6.69 ac) is designated Agricultural and the southern 1.96 ha (4.84 ac) abutting Talbot Road East is designated Eastern Commercial District in the Official Plan (OP) on Schedule A-3. The entire parcel is zoned Commercial Highway Holding (C2(h)) Zone under Zoning By-law #890-09, as shown on Map 29. The northern portion of the property has a Petroleum Resources Overlay identified on Schedule B of the OP. These are areas that have been identified as having petroleum resource potential, and should be protected for long-term use. The amendment will not impact the lands within the Petroleum Resources Overlay. The property is located on the north side of Talbot Road East (County Road 34), between County Road 33 and Mersea Road 12. The property is located in an area that is serviced by municipal water, private on-site septic system, and the Jefferson Wiper Municipal Drain. The surrounding area consists predominately of agricultural uses (DiCiocco Farms greenhouse operation, farmland, and the former Willan s Poultry Farm operation), with nearby commercial, institutional (St. Anthony s Parish) and low-density residential uses. The amendment, involving a property with frontage on a County Road will require clearance from the County. Page 12 of 41

13 Page 2, PLA 62 15, ZBA #125, Pentecostal Assemblies of Canada Full Gospel Tabernacle, 285 Talbot Road East Key Map of 285 Talbot Road East The property was designated Agricultural in the Official Plan for the former Mersea Township and zoned Restricted Agricultural (A2) (in part) and Institutional (I) (in part) under the Zoning By-law for the former Mersea Township. The church was located and a permitted use on the Institutional (I) zoned lands. The current Highway Commercial (C2) Zone does not recognize a church as a permitted use. The property is subject to a Site Plan Agreement, dated March 20, The owner is proposing two additions to the church (see attached site plan) which will result in a total gross floor area of m 2 (3,487 ft 2 ). The additions will require an amendment to the Site Plan Agreement. Comments: The applicant is requesting a zoning amendment to change the zoning on the subject property from a Commercial Highway Holding (C2(h)) Zone to an Institutional (I) Zone to recognize the church as a permitted use. Page 13 of 41

14 Page 3, PLA 62 15, ZBA #125, Pentecostal Assemblies of Canada Full Gospel Tabernacle, 285 Talbot Road East PPS The PPS provides policy direction on matters of provincial interest related to land use planning and development. All decisions affecting land use planning matters shall be consistent with the PPS. The proposed amendment is consistent with the direction of the PPS and is in conformity with the following policies: 1.1 Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns Healthy, liveable and safe communities are sustained by: o b) - accommodating an appropriate range and mix of residential, employment, institutional (including places of worship), recreation, park and open space, and other uses to meet long-term needs. The church provides Pentecostal religious services and community services to the Municipality and surrounding area Rural Areas o Notwithstanding the policies specifying that rural settlement areas shall be the focus of growth and development within rural areas, the Agricultural designated lands have been provided rights to be developed with nonagricultural uses through the rezoning of the entire property to a Commercial Highway (C2) Zone. 2.1 Natural Heritage and 3.1 Natural Hazards There are no natural heritage features or natural hazards on or adjacent to the subject property. County Official Plan The subject lands are within the Agricultural designation (in part) on Schedule A1 and the Primary Settlement Area (in part) on Schedule A2 of the County Official Plan. The land use goals of the County Official Plan support and promote the protection of prime agricultural areas for agricultural uses and promote healthy, diverse and vibrant settlement areas. Section c) of the County Official Plan states that Local municipal Official Plans shall establish appropriate land uses in accordance with the policies of this Plan. The Leamington OP has established appropriate land uses with associated goals and policies in accordance with the County Official Plan, for lands within the Primary Settlement Area. Section h) of the County Official Plan states that all types of land use are permitted within the Settlement Areas designation subject to the specific land use policies of the local Official Plans. The church use is permitted on the property in accordance with the Institutional policies of Section 2.11 of the OP. It should be noted that the proposed amendment does not involve a new development, only the recognition of an existing use with appropriate Page zoning. 14 of 41

15 Page 4, PLA 62 15, ZBA #125, Pentecostal Assemblies of Canada Full Gospel Tabernacle, 285 Talbot Road East The proposed amendment conforms to the land use policies within the Agricultural designation and Primary Settlement Area, as contained within the County Official Plan. Leamington Official Plan Section 2.11 of the OP permits the development of new and the expansion of existing institutional uses in all land use designations with the exception of Agricultural and Provincially Significant Wetland, subject to a site specific zoning by-law amendment and compliance with the following policies: a. New and existing institutional uses shall be appropriately zoned in the implementing Zoning By-law (note that only small scale expansions to existing institutional uses shall be permitted in the Agricultural designation without an amendment to this Plan and are subject to the requirements of the Minimum Distance Separation Formula I); a. The amendment will change the zoning on the property from a Commercial Highway Holding (C2(h)) Zone to an Institutional (I) Zone to recognize the existing church use. b. The proposed additions may result in a small expansion of the existing parking area onto the portion of the property designated Agricultural to accommodate any additional required parking spaces. Despite the lands having an Agricultural designation, they have been zoned Commercial Highway Holding (C2(h)) Zone. This zoning allows the lands to be developed with any of the permitted uses subject to complying with the associated zone provisions, removing the Holding (H) Symbol, and obtaining Site Plan Approval. The Institutional (I) Zone would also allow the lands to be developed in the same fashion. c. The proposed additions meet the Minimum Distance Separation Formula I, providing the minimum separation distance between the proposed new development and the existing livestock facilities (Willan s Poultry Farm) located immediately north of the subject property. It should be noted that Willan s Poultry Farm has ceased operations. b. Adequate precautions shall be taken to ensure that the permitted uses have no adverse effects on adjacent land uses; a. Measures to ensure that the church does not have any adverse effects on adjacent land uses have been implemented through the approved Site Plan Agreement. b. Future development or redevelopment on the property is subject to an amendment to the Site Plan or the Site Plan Agreement, which includes the provision of necessary measures to ensure that the proposed development or redevelopment will have no adverse effects on adjacent land uses. c. Adequate parking, vehicular access, tree planting, landscaping, buffering and site and building design will be required to create an attractive appearance and ensure compatibility with surrounding land uses; a. Parking, vehicular access, tree planting, landscaping, buffering and site and building design have been addressed through the approved Site Plan Agreement. Page 15 of 41

16 Page 5, PLA 62 15, ZBA #125, Pentecostal Assemblies of Canada Full Gospel Tabernacle, 285 Talbot Road East b. Future development or redevelopment on the property is subject to an amendment to the Site Plan or the Site Plan Agreement, ensuring that an attractive appearance and compatibility with adjacent land uses is maintained. d. Suitable arrangements will be made for water supply, sewage disposal, storm drainage and all other similar services; a. Water supply, sewage disposal, storm drainage and all other similar services have been addressed through the Site Plan Control process. b. Future development or redevelopment on the property is subject to an amendment to the Site Plan or the Site Plan Agreement, which includes the completion of all necessary servicing requirements by the owner to the satisfaction of the Municipality. e. No other suitable location within the Municipality serviced by municipal water and sanitary sewage services is available. a. The church use and its building have existed on the property for over 20 years, and prior to the passing of Zoning By-law # were a permitted use and building respectively. It is Administration s opinion that the proposed amendment is consistent with the policies of the OP, including Section 2.11 to be considered when amending the Zoning By-law to permit an institutional use. Administration further notes that the location of the property is considered appropriate for institutional uses, situated in an area that conveniently serves both the Primary Settlement Area and Rural Areas and will not negatively impact the orderly development of the Eastern Commercial District. Holding Zone A holding provision ensures that efficient phasing and/or proper servicing is in place prior to the development of a property. The holding provision may be removed upon confirmation from the owner to the satisfaction of the Municipality that efficient phasing and/or proper servicing is in place for the proposed development. The holding provision on the subject property was applied when it was rezoned from a Restricted Agricultural (A2) Zone (in part) and Institutional (I) Zone (in part) (under the former Mersea Zoning By-law 4380) to a Commercial Highway Zone (C2), to ensure that proper servicing is in place prior to new development. Future development on the property is subject to an amendment to the Site Plan or the Site Plan Agreement. As part of the amendment process the applicant would have to demonstrate that proper servicing is in place which achieves the same objective as the holding provision. Therefore it is recommended that the holding provision be removed as part of this application, relieving future development from having to submit an additional application to remove the holding provision at that time. Page 16 of 41

17 Page 6, PLA 62 15, ZBA #125, Pentecostal Assemblies of Canada Full Gospel Tabernacle, 285 Talbot Road East Zoning By-law # The existing church is not a permitted use under the Commercial Highway (C2) Zone. The proposed amendment will change the zoning to an Institutional (I) Zone to allow the existing church and accessory buildings and structures, as well as other institutional uses. Additionally this would allow extensions, enlargements and site alterations to the church without having to obtain approval from the Committee of Adjustment. The existing agricultural uses of the farmland can continue as a legal non-complying use on the subject property. Conclusion: Administration has completed their review of the proposed application as part of the preconsultation process. As set out in the Planning Act, a complete application includes any prescribed information identified in the regulations of the Planning Act and any additional information required by the municipality, as identified in its official plan. Administration suggests that this matter should now proceed to a public meeting for the purpose of receiving comments. In particular, comments regarding the recognition of a church as a permitted use on the property. The date for the required public meeting is requested to be scheduled and notice of the public meeting will be circulated to all commenting agencies, municipal departments and abutting landowners within 120 m (400 ft.) of the subject property. Notice will also be published in a local newspaper. All information will be made available to the public and commenting agencies for review prior to the public meeting. It is anticipated that the Public Meeting can be scheduled for February 1, 2016 at 6:00 p.m. to be held in the Council Chambers. A report by Administration will not be presented to Council after the public meeting, unless there are concerns raised at the public meeting. If no concerns are raised, it is requested that Council consider the amending by-law for the zoning by-law amendment approval the same night as the public meeting. Upon Council making a decision and providing the required Notice with respect to the requested Zoning By-Law amendment there is a 20-day appeal period where objections can be submitted to the Ontario Municipal Board (OMB). Upon receipt of an appeal, the OMB is required not only to have regard to Council s decision, but the basis on which the decision is made. In order to ensure that the OMB has regard to Council s decision, Council should be able to demonstrate that its decision was fully supported by relevant information and that Council considered the information. Therefore, it is Administration s opinion that: i) The application is consistent with the policy statements issued under subsection 3 (1) of the Planning Act. ii) The application conforms to or does not conflict with any applicable provincial plan or plans. Page 17 of 41

18 Page 7, PLA 62 15, ZBA #125, Pentecostal Assemblies of Canada Full Gospel Tabernacle, 285 Talbot Road East iii) The development proposed is in keeping with the overall goals and policies of the Official Plan, including Section 2.11 to be considered when amending the Zoning By-law to permit an institutional use. iv) The proposed amendment does meet the criteria used when considering applications to amend the zoning by-law. Financial Impact: There are no financial impacts to the Municipality as a result of the proposed amendment. Recommendation: That Zoning By-law Amendment Application ZBA 125 (Pentecostal Assemblies of Canada Full Gospel Tabernacle) to change the zone of 285 Talbot Road East from a Commercial Highway Holding (C2(h)) Zone to Institutional (I) Zone and remove the Holding (H) Symbol was reviewed and deemed to be complete pursuant to the requirements of the Planning Act; And that Administration be directed to schedule the required Public Meeting for the purpose of receiving public comments; And that if no concerns are raised at the Public Meeting the Clerk be directed to forward the amending by-law #2-16 to Council for its consideration (PLA-62-15); Respectfully submitted, Brian Nagata Brian Nagata, Development Planner Digitally signed by Brian Nagata DN: cn=brian Nagata, o=municipality of Leamington, ou=development Planner, =bnagata@leamington.ca, c=ca Date: :18:26-05'00' Danielle Truax, Manager of Planning Services Digitally signed by Danielle Truax, Manager of Planning Services Date: :30:17-05'00' Danielle Truax, Manager of Planning Services Tracey Pillon-Abbs, Director of Community & Development Services Tracey Pillon-Abbs Director of Community and Development Services :bn Attach (1) Digitally signed by Tracey Pillon-Abbs, Director of Community & Development Services Date: :22:10-05'00' Peter Neufeld, CAO T:\Planning\Council Reports\2015\PLA ZBA Full Gospel Tabernacle -285 Talbot Road East) Digitally signed by Peter Neufeld, CAO DN: cn=peter Neufeld, CAO, o, ou, =pneufeld@leamington.ca, c=ca Date: :04:56-05'00' Page 18 of 41

19 Page 8, PLA 62 15, ZBA #125, Pentecostal Assemblies of Canada Full Gospel Tabernacle, 285 Talbot Road East Site Plan Proposed Additions Top: Café Bottom: Vestibule Page 19 of 41

20 Report ES To: From: Date: Re: Mayor and Members of Council Shannon Belleau, Manager of Environmental Services January 6, 2016 N-Viro Systems Canada LP Contract Aim: To recommend the Municipality enter into an Agreement with N-Viro Systems Canada LP for the processing of biosolids at the Leamington Pollution Control Centre. Background: Report ES was discussed at Council in June of Council passed resolution C which stated, in part:..and further, that Administration be authorized to continue discussions noted in item 3 of Council Resolution C ( That administration be authorized to enter into discussions with N-Viro at the appropriate time, to attempt to re-negotiate a biosolids processing contract for a further long term period ) with the new owners, Walker Industries, on the basis that the processing will continue to take place at the Leamington PCC, under direct control of the municipality. (ES-03-15) The following information was provided to Council in report ES-03-15: In 1994 a contract was entered into having an ultimate start date of January 1996, with N-Viro Systems Canada Inc. to process the sludge cake from the PCC centrifuge at the time, by mixing with an alkaline admixture (cement kiln dust). The resultant mixture was to then be sent through a drier, and the final product placed in storage at that time outdoor windrow prior to farmland application. Construction was by Leamington, and the operational work would be carried out by Leamington staff. Since the process was new at that time, N-Viro was to provide the design of the equipment, expertise, advice, and removal of final product, together with dealing with regulatory authorities, management of the supply of alkaline admixture, staff training, and quality assurance & quality control. The 15 year Contract Agreement expired at the end of December Prior to the end of the contract, Administration contacted N-Viro regarding a possible extension and revisiting of pricing. This was reported to Council in Report PCC Clearly the municipality now had 15 years experience with the process, Page 20 of 41

21 Page 2, ES-06-15, N-Viro Systems Canada LP Contract and many of the activities N-Viro were originally to provide under the Agreement were no longer necessary. Thus while the process had proven excellent in terms of being able to dispose of the biosolids in an environmentally responsible manner (and still is), the terms of the original agreement needed revision. The Council Resolution for report PCC 11-09; C states: 1. That the administration be authorized to prepare a three year extension agreement to the existing contract, from January 1, 2011 until December 31, 2013, on the basis of N-Viro's proposal, to allow for possible alternate processing sites to be explored by N-Viro for a longer term contract; 2. That the Mayor and Municipal Clerk be authorized to sign an extension agreement with N-Viro, satisfactory in form to Corporate Counsel and; 3. That administration be authorized to enter into discussions with N-Viro at the appropriate time, to attempt to re-negotiate a biosolids processing contract for a further long term period. Preliminary discussions took place regarding a further long term agreement, but were still preliminary when, in November 2013 Heinz announced the closure of their Leamington plant. Heinz contributed over half the solids & organic loading to the Leamington PCC, which loading dictates the amount of biosolids produced by the PCC and thus the basis for any agreement with N-Viro. Administration was therefore in no position to continue negotiations regarding a long term agreement, not knowing how much product would be produced. Also N-Viro had not progressed further with an alternate central processing site they were proposing to build in the London area. (The intent of that proposal would be that Leamington sludge cake would be transported to that site for further processing.) Accordingly it was agreed to continue with the revised 3 year arrangement, on an annual basis after 2013, until there was some certainty around the production expected from the PCC without Heinz. The average annual amount of product produced at the PCC over the ten years up to 2013 was 10,854 tonnes. In 2014 with half a year with Heinz and half a year (including the Tomato season) with Highbury Canco, the production was 6,469 tonnes. It is anticipated that the total production for 2015 will be approximately 5,500 tonnes (this value is updated based on more recent data). This reduction in loading and product will have many benefits, including reduced operating costs in the biosolids area, and reduced costs associated with the N- Viro processing and disposal. It will allow for replacement equipment to be sized smaller, or at worst the same as at present to allow for growth in the system. It will also allow for better storage of final product, which was always a difficult issue Page 21 of 41

22 Page 3, ES-06-15, N-Viro Systems Canada LP Contract previously with insufficient space at times. This should also help with odours emanating from the barn area. In December 2013 N-Viro Systems Canada LP was purchased by Walker Industries in Thorold. Since Walker Industries have their own sites and facilities, it seems unlikely that any possible alternate central processing N-Viro site will be a discussion item in the foreseeable future. Administration is therefore recommending that the discussion noted in item 3 of Resolution C continue in 2015 with the new owners, recognizing the present loading from the Highbury Canco operation, on the basis that the processing will continue to take place here in Leamington, under direct control of the municipality. Comment: Administration has had discussions with Walker Industries/N-Viro Systems Canada LP staff. A proposed Agreement has been prepared that more accurately reflects the present operation at the Leamington PCC and the responsibilities of the parties at this point. The draft Supply & Service Agreement has been prepared outlining the obligations of both parties and other operating requirements, insurance, contract details, pricing, etc. Table 1 shows the annual fees for various activities that were part of the original contract and the rates charged over the years. The table also shows the increase in biosolids production over the years, and the subsequent reduction that has occurred since Highbury took over the Heinz operation. Financial Impact: Three possible costing alternatives were discussed with N-Viro, with reduced annual costs as the length of the contract increases. A one year contract would be similar in cost to the existing contract amount, while a five year term would allow for a reduced annual cost. The least expensive option is the longest term proposed, of ten years. The proposed new fees are flat rate fees, based on a fixed monthly cost, and are no longer based on production. The only annual increases, apart from CPI adjustments on the flat rate fees and alkaline additive cost, would result from an increase in the amount of alkaline additive required for the process. A ten year agreement will give the PCC the opportunity to see how the new capital equipment, proposed for the biosolids area in 2016/17, operates, and how much growth can be expected of Highbury Canco s operation. It also provides a level of certainty to disposal of biosolids in the medium term. The proposed annual contract amount, based on estimated volumes and a ten year agreement, for 2016 is $174, This amount is included in the 2016 operating budget Page 22 of 41

23 Page 4, ES-06-15, N-Viro Systems Canada LP Contract for the PCC and represents an approximate 16% reduction in the 2016 costs compared to using the current rate structure. Recommendation: That the Mayor and Clerk be authorized to sign a Service & Supply Agreement for a ten year period with N-Viro Systems Canada LP, satisfactory in form to the Director of Legal and Legislative Services. (ES-01-16) Respectfully submitted, Digitally signed by Robert Sharon, Director of Infastructure Services DN: cn=robert Sharon, Director of Infastructure Services, o, ou, =rsharon@leamington.ca, c=ca Date: :51:14-05'00' Shannon Belleau, P.Eng. Manager of Environmental Services Robert Sharon, CMO Director of Infrastructure Services :sb Peter Neufeld, CAO Digitally signed by Peter Neufeld, CAO DN: cn=peter Neufeld, CAO, o, ou, =pneufeld@leamington.ca, c=ca Date: :17:47-05'00' T:\Community Services\Community Services\Community Services Council Reports\2016 Reports\Environmental\ES N-Viro Contract\ES N-Viro Contract.docx Page 23 of 41

24 Table 1 N-Viro Systems Canada LP Historical Costs and Proposed Future Contract Cost Contract Category 2009 Rate (escalated annually by CPI adjustment since 1996) 2012 Rate 2014 Rate 2016 using old rate structure 2016 Proposed Rate (1 year) 2016 Proposed Rate (5 years) 2016 Proposed Rate (10 years) Labour (Deleted in 2012) $26,880 QA/QC (Deleted in 2012) $10,776 Product and Marketing Support (Fixed in 2012) (Previously 20% of Operating Costs. Proposed Flat Fee) Royalty based previously on dry tonnes of sludge biosolids: Royalties for the use of the N- Viro Process. Product Removal Fee based on tonnes of product $80,832 $80,832 $80,832 $80,832 $120,000 $108,000 $96,000 2,400 3,388 1,756 1,403 1,403 1,403 1,403 $26,544 $37,471 $19,421 $15,517 10,000 12,749 6,470 5,500 5,500 5,500 5,500 Product removal $65,500 $83,506 $42,379 $36,025 Product Revenue Sharing -$22,000 -$17,200 -$15,000 Alkaline Admixture (CKD) Charge based on tonnes of CKD required 4,200 4,646 2,225 1,500 1,500 1,500 1,500 Alkaline Admixture Charge $173,964 $216,086 $105,487 $78,000 $78,000 $78,000 $78,000 Fuel Surcharge for AA deliveries $35,940 $20,267 $11,686 Total Annual Cost $384,496 $431,835 $251,186 $207,060 $198,000 $186,000 $174,000 Page 24 of 41

25 Report PLA To: From: Mayor and Members of Council Danielle Truax, Manager of Planning Services Date: September 21, 2015 Re: Leamington Uptown Commercial District Community Improvement Plan Update Aim: To provide Council with information on the status of the Leamington Uptown Commercial District Community Improvement Plan (CIP) for grants approved from January 2014 to November Background: Council approved the Uptown Commercial District Community Improvement Plan (CIP) on August 13, The CIP is a planning tool that allows municipalities to promote investment in a defined area through programs and incentives. The purpose of the CIP is to establish strategic direction and financial incentive programs that focus on the maintenance, rehabilitation, development and redevelopment of the Uptown Commercial District. The plan aims to promote cultural cohesion, strengthen the main street, and stimulate new investment while retaining existing businesses. There are two types of funding initiatives under the CIP. One is grants that are offered to business and/or property owners within the defined CIP area. The other initiative is a municipal revitalization program under which the municipality invests funds directly into capital infrastructure and operating costs to achieve the objectives of the CIP. A detailed Action Plan, including annual amounts to be dedicated to each program was adopted by Council at the time of the CIP approval to be implemented over a 5-year period ( ). Comments: The following charts provide an overview of the funding that has been made available and the general uptake of each program to date. Page 25 of 41

26 Page 2, PLA-55-15, Community Improvement Plan Update Figure Year End Report 2014 CIP Program Project Details Maximum Status Grant Amount 26 Erie St. N. Municipal Fee Design & Construction of $4,075 Complete (Gilligans) Sidewalk Patio Patio & Sidewalk 31 Talbot St. W Façade Signage, Windows, $4,022 Complete (Phat Dat) 21 Talbot St. W (Wharrams). 55 Talbot St. W. (Gabriele s) 14 Queens Ave (Gabriele s 2 nd Bldg) 14 Orange St. (Caldwell First Nation) 45 Erie St. N. (Hollywood Nails) 15 Talbot St. E (Drs. Garwood/Greff) Municipal Fee Façade Renovation Municipal Fee Exterior Painting Restoration to original stone façade $6,289 Complete Façade Exterior Paint $15,407 Complete Municipal Fee Façade Exterior Paint $9,053 Complete Renovation Municipal Fee Façade Municipal Fee Façade Municipal Fee Installation of new wheel chair lift New Exterior Finish, front door & window, signage New signage, lighting, doors Total Granted $59, Total Available $215,000 $8,075 Complete $12,236 Works ongoing $7,941 Complete Figure Year to Date Report 2015 CIP Program Project Details Max. Grant Status Amount 20 Talbot St. E. Renovation New EE lighting & $9,030 Complete (Guardian Pharmacy) Municipal Fee flooring Mill St. W (Etc. Shoppe) $32,000 Works ongoing Façade Renovation Municipal Fee Signage, lighting Accessible Bathroom Emergency lighting & Signage 6-10 Erie St. S. (Bank Theatre) Renovation Municipal Fee HVAC Sprinkler System 60 Talbot St. Renovation HVAC W.(RERS Office) Façade Energy Efficiency Municipal Fee 25 Talbot St. West Renovation Accessible Flooring Municipal Fee Energy Efficiency Total Granted $96, Grants Available $265,000 $29,349 Works ongoing $23,435 Works ongoing $2,707 Works ongoing Page 26 of 41

27 Page 3, PLA-55-15, Community Improvement Plan Update Figure Program Use CIP Grant Program Total Funding Available ( ) Approved Grants % of Funding Used Grants not Used Funding Not Used Façade $260,000 $138,250 53% $121,750 47% Improvement Renovation $278,000 $103,902 37% $174,098 63% Residential Dev. $36,000 $0 - $36,000 - Charge Municipal Fee $60,000 $11,743 20% $48,257 80% Sidewalk Café $36,000 $4,000 11% $32,000 89% Business $84,000 $5,000 6% $79,000 94% Relocation TOTAL $754,000 $262,895 35% $491,105 65% Figure 4.0 Approved Grants CIP Grant Program Total Total # of Grants Façade $18,955 $41,280 $51,105 $26,908 $138, Improvement Renovation $8,929 $22,125 $10,384 $62,436 $103, Res. Dev. Charge Municipal Fee - $3,162 $1,430 $7151 $11, Sidewalk Café - - $4,000 - $4,000 1 Business - $5, $5,000 1 Relocation Total $27,884 $71,567 $66,919 $96,495 $262, Over the last four years $754,000 was made available and $262,895 in grants was accessed by property owners. The number of approvals per year within all grant programs has been low, however steady. The Key Map below identifies the location of the properties which have received grants. Under the CIP, municipal revitalization projects were identified which were thought to contribute positively towards meeting the objectives of the document. The CIP suggested five municipal initiatives to be implemented between Council approved funding for one project noted in the CIP which was included within the Engineering Services budget in 2012 and 2013 for a total value of $90,000. This project included the installation of new wayfinding signage throughout the Uptown for the municipal parking lots and the stand alone signage at the four entrances to the Uptown. The municipal projects identified in the Action Plan for 2014 and 2015 were not funded in the respective budget years. Page 27 of 41

28 Page 4, PLA-55-15, Community Improvement Plan Update Financial Impact: Key Map of Approved CIP Grants When CIP was being developed, it was originally conceptualized as a ten year plan. This ten year plan would see a total municipal investment of $1,359,000 over the life of the program assuming full take up by eligible participants. During the completion of the CIP, Council directed that the plan be reduced to a five year plan, while keeping the total municipal investment at $1,359,000. This would have resulted in a $271,800 annual contribution over the five years. As this would have been a significant demand on the annual tax base, a funding strategy was developed that would raise $135,900 per year over ten years from taxation, and would use the contingency reserve to finance the funding shortfall in the program during the first five years. The five years of annual taxation after the program ended would be used to repay the contingency reserve. Since the commencement of the CIP there has been less than full take up by eligible participants. With the exception of a loan for approximately $62,000 from the contingency in the first year of the program, the Municipality has been able to raise the annual expected costs of the CIP through taxation alone. On an annual basis, the Municipality did not raise more than the annual expected costs. Therefore there are no funds set aside for the CIP revitalization initiative. The approved action plan includes $276,000 of funding to be considered in the 2016 budget. Page 28 of 41

29 Page 5, PLA-55-15, Community Improvement Plan Update Recommendation: That the year to date update of the Leamington Uptown Commercial District Community Improvement Plan (CIP) for the duration of the program from 2014 to November, 2015 be received. Respectfully submitted, Danielle Truax, Manager of Planning Services Danielle Truax Manager of Planning Services :dt Digitally signed by Danielle Truax, Manager of Planning Services Date: :58:19-05'00' T:\Planning\Council Reports\2015\PLA CIP Update.doc Tracey Pillon- Abbs, Director of Community & Development Digitally signed by Tracey Pillon-Abbs, Director of Community & Development Services Date: :13:55-05'00' Services Tracey Pillon-Abbs Director of Community and Development Services Peter Neufeld, CAO Digitally signed by Peter Neufeld, CAO DN: cn=peter Neufeld, CAO, o, ou, c=ca Date: :15:53-05'00' Page 29 of 41

30 Report PLA To: From: Mayor and Members of Council Danielle Truax, Manager of Planning Services Date: November 16, 2016 Re: Proposed Amendments to Uptown Commercial District Community Improvement Plan Aim: To initiate discussions with Council on suggested amendments to the Community Improvement Plan for the final year of implementation in Background: Council approved the Uptown Commercial District Community Improvement Plan (CIP) on August 13, The purpose of the CIP is to establish a strategic direction that focuses on the maintenance, rehabilitation, development and redevelopment of the Uptown Commercial Area by providing financial incentive programs. The plan aims to promote cultural cohesion, strengthen the main street, and stimulate new investment while retaining existing businesses. The CIP was implemented to achieve the following objectives within the Uptown area: Maintain and enhance the historical building design characteristics and context of Uptown. Encourage residential development within the Uptown including mixed-use development, medium density residential and affordable housing. Improve accessibility for people through improvements to the pedestrian realm, traffic circulation, on-street and off-street parking and linkages. Re-enforce property standards to maintain a safe and clean Uptown. Strengthen the entrance areas into the Uptown. Encourage private/public partnerships for community improvement. Repair, rehabilitate or redevelop vacant buildings and lands. Encourage and assist property owners and businesses to rehabilitate buildings in the Uptown to ensure their long-term viability. Develop investment incentives to attract new businesses. Prepare updated Urban Design Guidelines. Page 30 of 41

31 Page 2, PLA-59-15, 2016 Community Improvement Plan Amendments Six funding programs were offered to property owners within the CIP area over the last four years ( ) and as reported in Planning Report PLA have had a steady but low uptake with less than 50% of the funding being allocated. Comments: Under Section 7.1 of the CIP, amendments to the plan which are not dealing with boundaries or the amount of funds that were allocated do not require an Official Plan Amendment, but may require consultation with the Ministry of Municipal Affairs and Housing (MMAH). In efforts to increase the uptake of the programs and to better achieve the objectives of the CIP the following minor amendments to the Plan are recommended for implementation in The changes that have been suggested are as a result of the staff s implementation of the programs, discussions with representatives of the Business Improvement Area (BIA), as well as and property and business owners. 1. Eliminate restriction to access grant on a one time basis the CIP allows a property owner to access each grant only once whether they utilize the maximum amount of funding or not. In order to allow owners to access grants as they have funds available to do the work or to phase in improvements, it is recommended that the one time access provision be removed and a property owner be allowed to access the grant as many times as possible without exceeding the maximum amount for that program. Implementation of Change: This will require staff to maintain a record of each time a property owner accesses the grant to ensure they do not exceed the maximum amount available. Based on the number of grants that could be approved under each program, the number of properties within the CIP area and the records already being maintained for the program, staff is capable maintaining the additional records. This change will be applied to those properties which previously accessed the programs without exceeding the maximum grant amount. Impact of Change: i) Property owners will be able to phase in improvements as funds are available. ii) There will be a minimal increase to staff time to review additional applications and process additional payments. 2. Eliminate requirement to provide two quotes for all work The approved procedure under each program requires that applicants submit two quotes for all work being proposed for funding. This requirement has proven very onerous for local property and business owners as it takes additional time to obtain quotes, many owners prefer to use local contractors and suppliers, and in some cases it is difficult to find comparable quotes for the same product. Page 31 of 41

32 Page 3, PLA-59-15, 2016 Community Improvement Plan Amendments Implementation of Change: Owners will be required to submit professional quotes from an independent third party. Quotes and estimates will be reviewed in the context of the work by Building Services, Fire Services and the Facilities and Fleet Supervisor to ensure reasonableness. The municipality will maintain the right to request additional quotes in any circumstance where it is deemed required. Impact of Change: i) The municipality is still provided with a quote to ensure accountability and transparency as to how the funding is being used. Staff currently assists the owners at the front end of the process to identify and detail the works which qualify under the funding programs. Grant funds are only paid out based on actual paid invoices for the approved amounts of qualifying works. 3. Eliminate the requirement for a building permit application The approved procedure under each program requires the submission of a building permit application, as well as any required drawings. In most cases the work being completed under the CIP grant is not dependent on the issuance of a building permit, does not always coincide with the submission of the CIP and is not required as tracking mechanism for the CIP applications. Implementation of Change: CIP applications must be processed and approved prior to work proceeding on the property. Owners will still be required to submit building permit applications for work which requires a permit. CIP funds for the rebate of municipal fees can be processed after the work has been completed. Staff from all departments have been very cooperative to ensure that when dealing with owners within the CIP area to advise of the funding programs. Impact of Change: i) More timely approval for the applicant to receive confirmation that CIP funds have been approved for their project. ii) iii) Staff will not be required to process a building permit that generally are not required under the Ontario Building Code (OBC).. Full building permit fees can be accounted for after being issued and submitted under the Municipal Fee Grant program. 4. Include on-site works in Building Exterior and Façade Improvement Program at this time, only improvements to buildings are eligible under this program. Many properties in the uptown contain open areas, yards, sidewalks and other features which contribute to the property and the abutting public area. These items cannot be included unless they form part of the building. There have been several requests to include items which will create or improve the pedestrian environment and streetscape. Page 32 of 41

33 Page 4, PLA-59-15, 2016 Community Improvement Plan Amendments Implementation of Change: Addition of new eligibility requirements under Building Exterior and Façade Improvement Program to allow on-site improvements including: the installation of accessible walkways for pedestrians, permanent landscaping that contributes to the streetscape, outdoor public areas which do not create a hazard, and the repair and maintenance of existing on-site parking areas. Impact of Change: i) Encourage owners to make improvements to property which improves accessibility; ii) iii) Re-enforce property standards to maintain a clean and safe uptown; Redevelopment and rehabilitation of lands. 5. Reduce the Minimum Grant amount from $2500 to $1000 for Building Exterior and Façade Improvements The number one issue noted by BIA was signage. By lowering the minimum grant amount, property owner may be more inclined to access the grant to improve signage. Together with the elimination of the onetime grant restriction, property owners may also be willing to use some of the funding to have appropriate infrastructure and signage installed in cooperation with their tenants. The original intent of the $2500 minimum was to encourage owners to make significant improvements to the buildings. Implementation of Change: Owners receive 50% of the cost of qualifying works when a minimum of $5000 is spent. A lower minimum of $1000 should be established for the repair, replacement, maintenance or installation of new signage which complies with the design guidelines. This should only be considered if the one time access to grants is eliminated as well. Impact of Change: i) Owners of buildings do not lose the full opportunity to access the grant when a tenant improves the business signage. ii) Overall improvement to existing signage in the Uptown. 6. Include requirement to provide municipal numbering on buildings The CIP requires that owners meet 18 general eligibility criteria in order to be considered for funding. In order to meet the CIP objective to re-enforce property standards to maintain a safe and clean uptown, all buildings must have municipal numbering displayed on the front and rear facades. Page 33 of 41

34 Page 5, PLA-59-15, 2016 Community Improvement Plan Amendments Implementation of Change: Addition of requirement for general eligibility to provide appropriately displayed municipal numbering to the satisfaction of the municipality. Confirmation of this requirement would be completed as part of the site inspection which is conducted by Fire, Building, Planning and By-law Enforcement as part of the application process. Fire Services has also had discussions with the BIA regarding improving the municipal numbering in the Uptown to establish a consistent type and location for municipal numbering. Impact of Change: i) Improvement to Emergency Services access in the Uptown. 7. Rename Business Relocation and Expansion Grant to Business Relocation and Start-Up Costs Grant and make the funding available to all properties within CIP boundary This grant applies to properties on Talbot Street East and was intended to address a slightly higher vacancy rate on this section of Talbot by providing incentives to assist with start-up costs. This grant has been accessed only once and was for a property not fronting on Talbot Street, but in close proximity. Implementation of Change: The description of the intent of the program should be clarified to indicate that grant is available to property owners to assist with the costs of opening a new business or relocating an existing business within the CIP area. The applicant should be required to provide information regarding the new business location including proof of lease or ownership, gross floor area and the type of business to be established. The CIP includes provisions which allow Council to expand the area to which this grant is available at their discretion. The change requires no mapping changes and would require minor changes to the description of the qualifying area under Section Impact of Change: i) Assist property owners to attract tenants to vacant store fronts with funding for start-up costs. Miscellaneous Administrative Changes Other improvements which can be implemented during the final year of the CIP which will not require amendments to the CIP plan include: Financial Impact: i) Simplify the grant application. ii) Work with BIA coordinator to promote programs and assist owners to submit complete application. Section 7.2 of the CIP Plan allows for money allocated for a specific grant, program or initiative which is not utilized in a given year to be reallocated to areas of higher interest Page 34 of 41

35 Page 6, PLA-59-15, 2016 Community Improvement Plan Amendments and need subject to Council s discretion and pre-consultation with the Ministry of Municipal Affairs and Housing. The approved Action Plan includes $276,000 of funding to be considered in the In order to achieve the objective with the potential to have the most influence on the image of the Uptown, it is suggested that funds from under accessed programs be reallocated to the Building Exterior and Façade Improvement Program. CIP Program Grant as per Approved Action Plan Proposed 2016 Re-allocation Building Exterior and Façade Improvement $90,000 $90,000 $45,000 $36,000 $171,000 Renovation Grant Program $90,000 $45,000 Residential Development Charge Grant Program $36,000 $0 Municipal Fee Grant Program $20,000 $20,000 Sidewalk Café Program $12,000 $12,000 Business Relocation and Expansion Grant Program $28,000 $28,000 TOTAL FUNDING $276,000 $276,000 Conclusion: Upon Council s consideration of the 2016 budget, the CIP will continue to offer funds to eligible property owners for the last year of the program. The above noted changes to the program have been suggested to improve access to the funding and to improve the ability of the plan to achieve the desired goals with the CIP area. MMAH has been pre-consulted with respect to the proposed changes and requests that a final draft of the revised plan be forwarded upon Council s direction. Administration will present a final report at the end of 2016 to summarize the activities from the five years. Page 35 of 41

36 Page 7, PLA-59-15, 2016 Community Improvement Plan Amendments Recommendation: That the Community Improvement Plan (CIP) be revised as outlined in Planning Report PLA (PLA-59-15) Respectfully submitted, Danielle Truax, Manager of Planning Digitally signed by Danielle Truax, Manager of Planning Services Date: :20:10-05'00' Services Danielle Truax Manager of Planning Services Tracey Pillon-Abbs, Director of Community & Development Services Digitally signed by Tracey Pillon-Abbs, Director of Community & Development Services Date: :35:41-05'00' Tracey Pillon-Abbs Director of Community and Development Services Peter Neufeld, CAO Digitally signed by Peter Neufeld, CAO DN: cn=peter Neufeld, CAO, o, ou, c=ca Date: :38:22-05'00' :dt T:\Planning\Council Reports\2015\PLA CIP Amendments\PLA CIP Amendments.doc Page 36 of 41

37 TO FROM DATE Mayor Patterson and the Town of Leamington Council Jim Dyck, JDC.ca lnc. November 10,2015 REGARDING Uptown Community lmprovement Plan (ClP) - request for inclusion As the new owner of 26 Setterington Street, Leamington I am proposing to renovate, upgrade and make addition to the historically significant building located on the property to support an adaptive re-use and re-purposing of the building and property. I would request Council consider my request to amend the by-law authorizing the Uptown Community lmprovement Plan and make a minor adjustment to the supporting CIP Map to include 26 Setterington in the Uptown ClP. Please refer to the attached CIP map showing the minor adjustment we are requesting. Promotional material provided by the Town states: "The ljptown area is an important part of the economy and cultural heritage of Leamington. The Municipatity of Leamington offers a variety of financial incentive programs designed to reduce cosfs for rehabilitation projects and improvements to stimutate private investment in the revitalization of Uptown Leamington." The subject property is located within the uptown area of the Town of Leamington. The property and building have extensive historical and heritage merit. Historically the building was used as the local daìry With an adaptive re-use proposed, the building will be retained and repurposed, saving and re-using a historical landmark. The building is the last commercial building of the contiguous commercial properties along Victoria Ave South and provides for the gateway to the commercial core along this street. Adaptive re-using, upgrading the building, and adding more space to the building will support the re-purposing and heritage conservation of this significant land mark. lf included in the mapping for the ClP, application will be made to utilize the following CIP programs: 'Building Exterior and Façade lmprovement Grant', 'Renovation Grant', and 'Municipal Fee Grant'. Grants available through these programs will be critical in assisting with the needed building improvements, business relocation, and business incentive and retention for the prosperity of the uptown business district for the municipality. Please consider my request to have this significant property included in the Uptown CIP area for the municipality to provide me the opportunity to acquire financial assistance with this significant a nd worthwhile project. Respectfu,Jr)r llv Jim Dyck, JDC.ca lnc. bmitted, Page 37 of 41

38 IVAN ST CLARK ST W SELKIRK AVE HAZELTON ST QUEENS AVE ERIE ST N NELSON ST WELLINGTON ST FOUNDRY ST CLARK ST E VICTORIA AVE N HOWARD ST GERRARD ST WHITNEY AVE ALBERT ST JOHN ST TALBOT ST E TALBOT ST W PRINCESS ST ORANGE ST ORANGE ST MILL ST W MILL ST E SETTERINGTON ST SETTERINGTON ST CHESTNUT ST FOX ST RUSSELL ST MARLBOROUGH ST W ASKEW ST ERIE ST S MARLBOROUGH ST E VICTORIA AVE S. COPYRIGHT Legend CIP THIS IS NOT A LEGAL PLAN OF SURVEY & IS NOT TO SCALE. This map is the property of the Corporation of the Municipality of Leamington and may not be reproduced without expressed permission and authorization. The user of this map assumes all risk associated with it. All efforts have been made to ensure accuracy and completeness, however no guarantees can be made. Provided by the: Municipality of Leamington Page - GIS Services 38 of Erie Street North, Leamington, Ontario N8H 2Z9 TEL: (519) FAX: (519)

39 Report BLD To: From: Mayor and Members of Council Tracey Pillon-Abbs, Dir. of Community and Development Services Date: January 7, 2016 Re: Grant for Building Permit Fee Leamington Medical Village Hospice Building Talbot Street West Aim: To consider a grant to be provided in the amount equal to the building permit fee for the construction of the Leamington Hospice located at Talbot Street West (Leamington Medical Village). Background: In an effort to show support of the building of the new Leamington Hospice, Council previously inquired about providing a grant in the amount equal to the building permit fee for the construction of the Leamington Hospice. The Hospice is located within the Leamington Medical Village located at Talbot Street West and is described as Part Lot 4, Concession 2, municipally known as Talbot Street West. A site plan control agreement dated November 7, 2014 was executed with the land owners and includes the Leamington Medical Village Inc., Leamington District Memorial Hospital Foundation, Reilo Leamington Holdings Inc., Amicone Holdings Limited and Ontario Limited. The Leamington Medical Village previously occupied approximately 2.48 ha (6.14 acres) of the property located at 197 Talbot Street West and includes 3 buildings which have been developed as Phase 1, 2 and 3. The Hospice building is 14,316 sq ft (1, sq m) in size and is located to the north of the previously developed lands (see concept plan). The building includes a 10 bed residential home with suites for patients and families. The value of construction was $4,000,000. No applications for the future development has been submitted at this time. A building permit (# ) in the amount of $44,803 was issued on May 25, 2015 for the construction of the Leamington Hospice. The building permit fee was paid by Amico Design Build Inc., the applicant and builder (receipt #29560). Page 39 of 41

40 Page 2, BLD-01-16, Request for Grant Leamington Hospice No Leamington development charges were applied due to the current freeze. A total of $37,090 would have been charged and was transferred from reserves to cover this portion. Leamington Hospice Future Development Existing Medical Village, Phases 1, 2 and 3 Comment: Medical Village Concept Plan Administration has no authority to deviate from the Council approved fee schedule. Any such consideration would have to be a direction from Council. In order for such requests to be tracked, it is recommended that the cost of the building permit fee should go through the Council grant expense. Page 40 of 41