REPORT. Economic Development Committee. Tara Buonpensiero, Senior Planner - Policy

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1 REPORT REPORT TO: REPORT FROM: Economic Development Committee Tara Buonpensiero, Senior Planner - Policy DATE: May 15, 2014 REPORT NO.: RE: PDS Cash-in-Lieu of Parking Value for Downtown Georgetown File: D08 DO RECOMMENDATION: THAT Report PDS dated May 15, 2014 which recommends a Cash-in-Lieu of Parking Value for Downtown Georgetown, be received; AND FURTHER THAT cash-in-lieu of parking be applicable to the properties zoned Downtown Commercial One (DC1) in the Georgetown Downtown Area (shown on Schedule A to this Report); AND FURTHER THAT staff amend the Rates and Fee By-law ( ) to include a cash-in-lieu of parking fee for Downtown Georgetown of $5,000 per parking space (attached as Schedule B); AND FURTHER THAT the Cash-in-Lieu of Parking Policy as it applies to Downtown Georgetown attached to this report as Schedule C be approved; AND FURTHER THAT Council authorize staff to create a Cash-in-Lieu of Parking Reserve Fund, and any interest generated from investing funds collected in the Reserve Fund be payable back to the Reserve Fund. BACKGROUND: Through Economic Development Committee, Planning Reports PDS and PDS : provided an overview of cash-in-lieu of parking; Page 1 of 13

2 presented cash-in-lieu of parking values in a number of municipalities; outlined the cost of constructing parking spaces in Halton Hills currently; and, proposed a cash-in-lieu of parking value of $5,000 per parking space for Downtown Georgetown and Downtown Acton. Through Economic Development Committee and subsequent Council approval of the recommendations of Reports PDS and PDS , planning staff were directed to meet with representatives of the Georgetown Business Improvement Area, Acton Business Improvement Area and the Halton Hills Chamber of Commerce to discuss the proposed cash-in-lieu of parking value of $5,000 per parking space. Following that meeting, staff were to report back to Economic Development Committee with a recommended value for cash-in-lieu of parking for the two downtown areas. Also related to parking in the two downtown areas, Council recently adopted Zoning Bylaw Amendments No and No which exempt existing nonresidential buildings and structures in Downtown Georgetown and Downtown Acton from providing additional parking when changing to another non-residential use. 1. Report Purpose The purpose of this report is to: provide an overview of the meetings held with representatives from the Georgetown and Acton Business Improvement Areas (BIAs) and the Halton Hills Chamber of Commerce; recommend proceeding with a value of $5,000 per parking space for cash-in-lieu of parking in Downtown Georgetown; and, propose a Cash-in-Lieu of Parking Policy. 2. Overview of Meetings with the BIAs and the Halton Hills Chamber of Commerce On Friday January 24, 2014 a meeting was held at the Civic Centre to discuss the proposed Cash-in-Lieu of parking value for the two downtown areas. In attendance at the meeting were staff from Planning Development and Sustainability, the Town s Economic Development Officer, Councillor Kentner and representatives from the Georgetown and Acton Business Improvement Area and the Chamber of Commerce. Planning staff provided a brief presentation which included: identification of the areas in the two downtowns where cash-in-lieu of parking is proposed to apply; an overview of the recent by-laws approved by Council which exempt existing nonresidential buildings and structures from providing additional parking when changing to another non-residential use; Page 2 of 13

3 an explanation of what cash-in-lieu of parking is, including the legislative framework which stipulates what cash-in-lieu of parking funds can be used for; cash-in-lieu of parking values in a number of other municipalities; costs of recently constructed parking spaces in Halton Hills; and, an overview of the proposed cash-in-lieu of parking value ($5,000 per parking space) to be applied in Downtown Georgetown and Downtown Acton. At the conclusion of the presentation there was discussion on how parking requirements are currently calculated in the Town as well as the proposed process for considering cash-in-lieu of parking. Staff explained that approval would be at the discretion of Council, and applicants would be required to demonstrate why they cannot provide the required parking. The same presentation was given on April 22, 2014 at the Acton BIA Annual General Meeting. Some questions of clarification were asked at that meeting as well. No attendees at either meeting raised concerns with the proposed cash-in-lieu of parking value. Subsequent to the meetings, the Town has received letters from both the Halton Hills Chamber of Commerce and the Georgetown BIA stating that they understand the need for businesses in the downtown areas to assist in off-setting the cost of providing new parking spaces, and that both organizations have endorsed the Town s proposal pertaining to cash-in-lieu of parking. COMMENTS: 1. Recommended CIL Parking Value Through Economic Development Reports PDS and PDS , staff provided a review of cash-in-lieu of parking amounts charged in other municipalities and outlined the costs of the three recently constructed parking lots in the two downtown areas. Also through this report, staff proposed a cash-in-lieu of parking value of $5,000 per parking space for discussion purposes with the Georgetown and Acton BIA s, Halton Hills Chamber of Commerce and the Economic Development Committee. Based on the results of the background information collected, internal discussions with the Infrastructure Services Department, comments received from the Economic Development Committee, and the results of consultation with BIAs and Chamber of Commerce representatives, staff recommend proceeding with a value of $5,000 per parking space for cash-in-lieu of parking in Downtown Georgetown, through inclusion of this item within the Town s Fee Schedule. The cash-in-lieu of parking value would be applicable upon Council adoption of the By-law attached to this Report as Schedule B. Page 3 of 13

4 2. Area of Application of Cash-in-Lieu of Parking Cash-in-Lieu of parking would be applicable to the properties zoned Downtown Commercial One (DC1) in Downtown Georgetown (shown on Schedule A to this Report). 3. Implementation of Cash-in-Lieu of Parking Parking requirements are identified through a review of Zoning By-law conformity as part of processing the following: A change of use application; A building permit application; A site plan application; or, A site specific Zoning By-law Amendment. Upon identification of a parking shortfall for an application within the DC1 Zone, the applicant may apply for cash-in-lieu of parking. The process for applying for cash-in-lieu of parking is summarized as follows and included in a proposed Cash-in-Lieu of Parking Policy attached to this report as Schedule C: a) An owner/occupant would complete a Cash-in-Lieu of Parking Application Form. An application form will be prepared which includes applicant information, property information, details on the exemption being sought and rationale for the parking exemption. Although there is no fee for an application for Cash-in-Lieu of Parking at this time, staff propose to further review this matter and may propose a fee to prepare a Cash-in-Lieu of Parking Agreement as part of the next fee review. b. Upon receipt of the Application, Planning Staff will prepare a report to Economic Development Committee or Council with a recommendation on the parking exemption being sought. If the parking shortfall is identified as part of an application for a change of use permit, a building permit or site plan application, the report will deal specifically with the request for cash-in-lieu of parking and a recommendation report from Planning Staff would proceed to Economic Development Committee and then to Council for approval. If the parking shortfall is identified as part of a site specific Zoning By-law Amendment, the request for Cash-in-Lieu of parking will be addressed as part of Page 4 of 13

5 the recommendation report for the overall Zoning By-law Amendment and would proceed to Council for approval. The staff report will outline the number of parking spaces required as per the Comprehensive Zoning By-law, and the number of parking spaces being requested for exemption. The report will also summarize the rationale provided by the applicant as to why it is not feasible to provide the required parking on site. c. Should Council agree to exempt any parking, the Mayor and Clerk and the owner would enter into a Cash-in-Lieu of Parking Agreement. This Agreement will outline the parking exemption for the agreed upon number of parking spaces, and require payment in-lieu of providing those parking spaces. The requirement for entering into such an agreement is pursuant to Section 40 of the Planning Act. d. Any payment in lieu of parking must be upon execution of the Cash-in-Lieu of Parking Agreement. Pursuant to Section 40 of the Planning Act, funds collected as a result of cash-inlieu of parking shall be placed in a reserve fund to be used for the provision or maintenance of parking facilities. RELATIONSHIP TO STRATEGIC PLAN: This report relates to Strategic Direction C) Foster a Prosperous Economy, and specifically Strategic Objective C.6 - To maintain and enhance our historic downtowns and vibrant commercial areas to provide for shopping, services, cultural amenities and entertainment. FINANCIAL IMPACT: Through this report staff are recommending a cash-in-lieu of parking value of $5,000 per parking space for Downtown Georgetown and that Council approve a By-law to include this amount in the Town s Fee Schedule. Through the recommendations of this report, staff are seeking direction to create a Cash-in-Lieu of Parking Reserve Fund. The Planning Act requires that funds collected through cash-in-lieu of parking be placed in a reserve fund and used for the provision or maintenance of parking facilities. Page 5 of 13

6 COMMUNICATIONS IMPACT: This report will be available for review on the Town s website and at the Planning Development and Sustainability Department. SUSTAINABILITY IMPLICATIONS: This initiative supports the Economic Prosperity Pillar and specifically relates to the Infrastructure theme as we are maximizing the use of our existing parking spaces in Downtown Georgetown. The initiative also supports the theme related to encouraging a Diversified and Resilient Economy, by providing options to address parking requirements when new businesses locate in the downtown. We have also considered sustainability of the Town s investment by conducting a review of best practices. This initiative will also maximize use of existing Town parking lots, includes incentives to new businesses, and funds collected through cash-in-lieu of parking will assist in the construction of new parking facilities should the need arise or alternatively be used for maintenance of existing facilities. CONSULTATION: Staff consulted with the Economic Development Officer, Infrastructure Services Department and the Manager of Finance during preparation of this report. A meeting was also held with representatives of the Georgetown BIA, Acton BIA and the Halton Hills Chamber of Commerce on the proposed cash-in-lieu of parking value. The results of that meeting were summarized in an earlier section of this report. CONCLUSION: The purpose of this report is to: provide an overview of the meeting held with representatives from the Georgetown and Acton Business Improvement Areas (BIAs) and the Halton Hills Chamber of Commerce; recommend approval of a By-law to include the amount of $5,000 per parking space for Downtown Georgetown in the Town s Fee Schedule; and, propose a Cash-in-Lieu of Parking Policy. Page 6 of 13

7 Should Council adopt the recommendations of this report, planning staff will implement the process outlined in this report, and the attached Cash-in-Lieu of Parking Policy for any future requests for cash-in-lieu of parking in Downtown Georgetown. Respectfully submitted, Tara Buonpensiero, MCIP, RPP Senior Planner - Policy Steve Burke, MCIP, RPP Manager of Planning Policy John Linhardt, MCIP, RPP Director of Planning Development and Sustainability David Smith Chief Administrative Officer Page 7 of 13

8 Schedule A to Report PDS Page 8 of 13

9 Schedule B to Report PDS BY-LAW NO A By-law to amend By-law No , a By-law to permit the Municipality to impose fees or charges with respect to services or activities provided, related costs payable, and for the use of its property. WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may pass by-laws imposing fees or charges on any class or persons; AND WHEREAS the Planning Act, R.S.O. 1990, c. P.13, as amended, provides that a municipality may pass by-laws imposing tariffs, fees and charges; AND WHEREAS on December 2, 2013, Council for the Town of Halton Hills adopted Report No. CS , dated October 22, 2013, regarding 2014 User Fees, Licensing Fees and Service Fees effective January 1, 2014; AND WHEREAS on, 2014, Council approved Report PDS which recommended a cash-in-lieu of parking value for Downtown Georgetown. NOW, THEREFORE, BE IT RESOLVED THAT THE COUNCIL OF THE CORPORATION OF THE TOWN OF HALTON HILLS ENACTS AS FOLLOWS: 1. THAT Schedule A to By-law is hereby amended such that the Planning, Development and Sustainability section therein includes the Cash-in-Lieu of Parking Fee, attached as Appendix A of this By-law. BY-LAW read and passed by the Council for the Town of Halton Hills this th day of, MAYOR Rick Bonnette TOWN CLERK Suzanne Jones Page 9 of 13

10 Appendix A Schedule B to Report PDS TYPE OF REVENUE/USER Cash-in-Lieu of Parking for Downtown Georgetown (Downtown Commercial 1 Zone) UNIT/ DESCR Per space 2013 RATE 2014 RATES RATES 13% (NO HST TAX) RATE INCL HST % INCR n/a $5,000 $0.00 $5, % E HST STATUS Page 10 of 13

11 Schedule C to Report PDS POLICY POLICY TITLE: POLICY NUMBER: Cash-in-Lieu of Parking DATE: June 9, 2014 Section 40 of the Planning Act states that where an owner of a building is required under a by-law of a local municipality to provide and maintain parking facilities on land that is not part of a highway, the council of the municipality and such owner may enter into an agreement exempting the owner, to the extent specified in the agreement, from the requirement of providing or maintaining parking facilities, and the agreement shall provide for the making of one or more payments of money to the municipality as consideration for the granting of the exemption. The Town s Comprehensive Zoning By-law (By-law ) includes required parking spaces by use (Sections 5.3 and 5.4) and also include a provision (Section 5.2.6) which enables Council to enter into an agreement with a property owner respecting the payment of cash-in-lieu of some or all of the parking required. 1.0 Definitions Cash-in-lieu of parking means: The payment of money to the municipality in place of providing on-site, private parking spaces as required under the Comprehensive Zoning By-law ( ). Council means: The Council of the Corporation of the Town of Halton Hills. Parking Space means: An unobstructed space for the exclusive use of parking of a motor vehicle. Town means: The Corporation of the Town of Halton Hills. Page 11 of 13

12 Schedule C to Report PDS Cash-in-Lieu of Parking Policy Background Parking requirements are identified through a review of Zoning By-law conformity as part of processing the following: A change of use permit; A building permit application; A site plan application; or, A site specific Zoning By-law Amendment. Upon identification of a parking shortfall for an application within the Downtown Commercial One (DC1) Zone, the applicant may apply for cash-in-lieu of parking. Purpose The purpose of this policy is to provide guidance when implementing and collecting cash-in-lieu of parking, as applicable under the Comprehensive Zoning By-law (Section 5.2.6). Policies 2.1 Area of Applicability Cash-in-lieu of parking is permitted subject to Council approval on properties Zoned DC Application Form Should an applicant wish to apply for cash-in-lieu of parking, they shall fill out an application form which shall include applicant information, property information, details on the exemption being sought and the rationale for the parking exemption. 2.3 Approval Authority Council is the approval authority, and at its discretion, may exempt an owner from providing a set number of parking spaces and accept cash-in-lieu of any exempted parking spaces. 2.4 Cash-in-Lieu of Parking Value The cash-in-lieu of parking value is as outlined in the Town s Fee Schedule. Page 12 of 13

13 Schedule C to Report PDS Cash-in-Lieu of Parking Agreement Pursuant to Section 40 of the Planning Act, should Council agree to exempt any parking, the Mayor and Clerk and the owner shall enter into an agreement which outlines the parking exemption for the agreed upon number of parking spaces and requiring cash-in-lieu of providing parking. The agreement may be registered in the proper land registry office against the land to which it applies. 2.6 Payment of Cash-in-Lieu of Parking Any payment of cash-in- lieu of parking must be paid in full upon entering into the Agreement described in Section 2.5 of this Policy. 2.7 Reserve Fund Pursuant to Section 40 of the Planning Act, funds collected as a result of cash-in-lieu of parking shall be placed in a reserve fund to be used for the provision or maintenance of parking facilities. The Planning Act permits money in the reserve fund to be invested in securities as permitted by the Municipal Act, and any interest generated from the investment of the money in the reserve fund shall be paid into that account. 2.8 Approval to Use of Funds in the Cash-in-Lieu of Parking Reserve Utilizing funds from the cash-in-lieu of parking reserve fund can be approved through a report to Council or through the annual Budget process. Page 13 of 13