Report to/Rapport au :
Corporate Services and
Economic Development Committee
Comité des services organisationnels
et du développement économique
and Council / et au Conseil
4 January 2008 / le 4 janvier 2008
Submitted by/Soumis par: Nancy Schepers, Deputy City Manager /
Directrice municipal adjointe
Planning, Transit and the Environment /
Urbanisme, Transport en commun et Environment
Contact
Person/Personne ressource : Rob
Mackay, Acting Director/Directeur intérimaire, Economic and
Environmental Sustainability/
Viabilité économique et de la
durabilité de l’environnement
(613) 580-2424 x22632, Rob.Mackay@ottawa.ca
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SUBJECT: |
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OBJET : |
INTENTION DE
DÉSIGNER LA ZONE |
REPORT
RECOMMENDATIONS
That the Corporate
Services and Economic Development Committee recommend Council:
1. Designate the area described by Document 1 as a Business Improvement Area (BIA) under Section 204 of the Ontario Municipal Act, 2001;
2. Authorize and
direct the City Clerk to send out a notice of Council's intention to pass a
by-law designating the area, as defined in Document 1, as a Business
Improvement Area, in accordance with Section 210 of the Ontario Municipal Act, 2001;
3. Authorize and direct the City Solicitor
to:
(i) Prepare
a by-law to designate the area as a Business Improvement Area, as described in
Document 1, to be named the "Glebe Business Improvement Area";
(ii) Prepare
a by-law to establish the Board of Management of the Business Improvement Area,
to be named the "Glebe Business Improvement Area Board of
Management"; and
4. Enact the two aforementioned by-laws in accordance with section 204 of the Ontario Municipal Act, 2001, subject to the City Clerk reporting favourably on the results of the intention to pass a by-law designating the area referred to in Recommendation (2).
RECOMMANDATIONS DU
RAPPORT
Que le Comité des
services organisationnels et du développement économique recommande au
Conseil :
1. de désigner le secteur décrit dans le document 1 ci-joint comme zone
d’amélioration commerciale (ZAC) en vertu de l’article 204 de la Loi de 2001
sur les municipalités;
2. de permettre et de prescrire au greffier de la Ville de publier un avis
de l’intention du Conseil d’adopter un règlement municipal désignant le
secteur, défini dans le document 1 ci-joint, comme zone d’amélioration
commerciale, conformément à l’article 210 de la Loi de 2001 sur les
municipalités;
3. de permettre et de prescrire au chef du contentieux :
(i) de rédiger le texte
d’un règlement municipal désignant le secteur décrit dans le document 1
ci-joint comme la « Zone d’amélioration commerciale de Glebe »;
(ii) de rédiger le texte
d’un règlement municipal créant le « Conseil d’administration de la Zone
d’amélioration commerciale de Glebe »; et
4. d’adopter les deux règlements municipaux susmentionnés en vertu de
l’article 204 de la Loi de 2001 sur les municipalités, sous réserve d’un
rapport favorable de la part du greffier de la Ville sur les réactions
suscitées par l’avis, mentionné dans la recommandation 2, de l’intention
d’adopter un règlement municipal désignant le secteur.
BACKGROUND
A Business Improvement Area (BIA) is an association
of property owners and businesses within a specified geographic area who join
together, with official approval of the City under Section 204 of the Ontario Municipal Act 2001, in a
self-help program aimed at stimulating local business. BIAs are funded by a special levy paid by
property owners and tenants within the designated area. This money is used in an ongoing effort to
draw more prospective customers to the BIA by improving the attractiveness of
the area and promoting it as a good place to shop, obtain services, visit and
do business.
Once a BIA is approved by City
Council, every business within its boundaries automatically becomes a member.
There are no exceptions, under the principle that all who benefit should be
required to bear their fair share of the cost of the program. While a BIA arises from the retail and
professional activities of a main street or commercial area, it has a profound
effect on the surrounding area. It serves as an economic and social anchor,
helping to stabilize, revitalize, and enhance the local community.
There are now more than 230 BIAs in
place across Ontario. They vary in size from less than 60 businesses and
property owners to more than 2000. The
BIA concept has also spread beyond the boundaries of Ontario. More than 1500
communities have adopted the concept across the United States and in most
provinces in Canada. The City of Ottawa
currently has 13 BIAs that represent over 3400 businesses.
The Economic Development Division
has been working with the Glebe Business Group to establish a Glebe BIA that
includes the high profile Queensway and Bank Street commercial corridors:
between Lyon street and Queen Elizabeth Driveway along Chamberlain avenue,
Isabella Street and Pretoria Avenue; and between the Queensway and Queen
Elizabeth Driveway along the Bank Street corridor, including properties on
intersecting streets and Lansdowne Park (Document 1). The committee is comprised of business operators and owners in
the described area. The members have
been actively promoting the area and exploring the idea of establishing a BIA
for over a year.
Economic Development staff have
participated in public meetings, providing details on the process of
establishing a BIA and on the support programs offered to BIAs by the City.
Councillor Clive Doucet, the local Councillor for the area, has been very
supportive of the initiatives of the Steering Committee and is a strong
advocate for the creation of a BIA.
The Glebe Business Group has
submitted a letter (Document 2) to the City Clerk's office confirming that they
have successfully undertaken the public consultation process recommended by the
City, and are formally requesting that City Council adopt a by-law to establish
a BIA. Pursuant to the Ontario Municipal Act, 2001, Section
210, the next step in the process is a requirement that Council authorize the
City Clerk to send out a notice of intention to designate the area as a BIA to
all property owners in the affected area (Document 3). The property owner then must within 30 days
after the notice is mailed give a copy of the notice to each tenant of the
property to which the notice relates who is required to pay all or part of the
taxes on the property.
For the purpose of defeating the
by-law, the municipality’s period for receiving sufficient objections is 60
days from the latest day of mailing of the notice by the municipality. Under
Section 210 of the Ontario Municipal Act,
2001 Council cannot pass a proposed BIA by-law if the municipality receives
written objections by at least one-third of the persons entitled to notice who
are responsible for at least one-third of the tax on property in the proposed
BIA.
As a result of recent Bill 130
amendments to the Municipal Act, 2001, BIAs are now "local boards" of
the municipality. As part of these amendments, the municipality may vary
traditional BIA provisions in the Municipal Act, 2001 to meet the requirements
of local BIAs. The municipality may also establish codes of conduct to ensure
accountability and transparency for its local boards. Staff will continue to
advise existing and new BIAs on future measures undertaken pursuant to these
amendments, including the application of accountability and transparency
policies to BIAs.
DISCUSSION
While well known to, and patronized by the Glebe and
Ottawa South communities, the Glebe business district has not maximized its
potential as a commercial destination within the greater Ottawa area through
collective marketing, promotions and special events. Unlike most main - street and commercial business districts in
Ottawa, the Glebe has not established a Business Improvement Area and Board of
Management. The Glebe business district
therefore does not have the ability to levy area business properties and
tenancies to support joint marketing or beautification initiatives or advocacy
efforts and related staff resources.
Nor has it been represented on civic matters by a formal organization
and dedicated staff.
Accordingly, the Glebe business
district has not been included in cross-promotional tools supported by City and
collective BIA funding, such as the Ottawa BIAs brochure, City website listings
and proposed e-commerce strategies.
And, it has not had formal, dedicated representation on such key issues
as the pending Bank Street reconstruction work and potential streetscape
enhancements.
In order to maximize the potential
of the Glebe business district, the Glebe Business Group (GBG) now wishes to
establish a BIA and Board of Management and a levy to retain supporting staff
and undertake collective advocacy, marketing and improvement initiatives. The proposed Glebe BIA Board of Management
will retain an Executive Director and identify priority business strategies and
establish related Board and working committees to address those
priorities. The BIA will work closely
with its members, the Glebe Community Association, the Capital Ward Councillor,
City of Ottawa staff and various organizations to address priority matters in a
proactive, strategic and collaborative fashion.
It is anticipated that the
priorities of the Glebe BIA will be as follows:
·
in the
short term: matters of advocacy, particularly related to the Bank Street
reconstruction, Lansdowne Park design competition, parking management, branding
and positioning of the BIA district, seasonal decorations, and inclusion of the
BIA within joint Ottawa BIA initiatives and tools, such as the Graffiti
taskforce and Ottawa BIAs brochure, web listings and promotions;
·
in the
mid term: district-specific marketing, special promotions and events,
collaboration/strategic alliances with other agencies, such as Lansdowne Park,
Ottawa Tourism, the Ottawa Business Advisory Committee and the Ottawa Chamber
of Commerce; and
·
in the
longer term, visitor/tourism oriented marketing and strategic initiatives, such
as the revitalization of Lansdowne Park.
The establishment of the Glebe BIA
and Board of Management will enable Glebe businesses to maximize their level of
representation respecting key issues and initiatives, develop core marketing
tools such as a website and website listings, leverage physical and service
improvements, elevate the profile of the business district and attract more
consumers/visitors and businesses.
CONSULTATION
The Glebe business district is relatively well
connected and a number of businesses (~60) have worked cooperatively together
through a volunteer association, the Glebe Business Group (GBG) and ad hoc
committees to address common issues and objectives, as required. There is a strong sense among GBG members
that a larger, formal BIA is now required to represent all area business and
property owners, alleviate volunteer fatigue and address such key challenges
and opportunities as the pending Bank Street reconstruction.
As a result, the GBG struck a
Steering Committee to assess options for enhanced business representation and
development. With funding support from
the Economic Development Division, it subsequently retained a consultant to
assess the option of forming a BIA. The
consultant undertook a series of stakeholder interviews to identify key issues
and gauge support for establishing a BIA, determined by-law requirements and
best practices for forming a BIA and undertook a comparative analysis of
existing Ottawa BIAs. A special flyer was prepared and directly distributed to
all GBG members, outlining challenges facing the street, the role of a BIA and
requesting their attendance at a special meeting February 7, 2007 for a
presentation and vote on pursuing formation of a BIA.
The consultant findings and
committee recommendations were presented at the February 7th meeting, along
with comments from a former Executive Director of the ByWard Market BIA and
input from City staff. At the
conclusion of the meeting, the members voted unanimously (35-0) in support of
the following motion: "that a BIA
is the best option to represent the interests of the Glebe, and to move forward
and begin the process of forming a Business Improvement Area in the
Glebe".
The Consultant then undertook
extensive site visits and research and developed a comprehensive database of
Glebe commercial properties and businesses; and proposed parameters for the
BIA, which were endorsed by the Steering Committee. From September to November
2007, a meeting was held with the Ward Councillor, an interview conducted with
the Glebe Report newspaper, a further presentation made to the GBG and a
newsletter and survey mailed to all property owners and distributed to and
discussed with area businesses by Steering Committee members. A final open
house meeting and presentation was held December 11, 2007 in the Glebe.
Direct consultations with and survey
responses from commercial property and business owners in the Glebe, as well as
discussion at the Glebe Business Group and open house meetings indicate that
there is a strong level of support within the Glebe business community for
establishing the Glebe BIA.
Approximately eighty potential members of the proposed Glebe BIA
(commercial property and business owners, some which own multiple properties or
businesses) have confirmed their support for establishing the BIA. The Glebe Community Association also
supports formation of the BIA.
At the October 10th Glebe Business
Group meeting and the December 11th open house meeting, the proposed framework
for the Glebe BIA was presented, including the proposed boundaries,
recommendations for an annual budget of $200,000.00 and action priorities for
the new Board of Management and staff.
Economic Development and Finance
staff have consulted regularly with representatives from the GBG and their
Consultant leading up to their formal request to the City to designate a
BIA. The Steering Committee and Staff
have also consulted with the Capital Ward Councillor who strongly supports the
designation.
FINANCIAL IMPLICATIONS
BIAs are funded by a special levy to commercial and
industrial property owners and their tenants within the designated area based
on the yearly budget requirement submitted by the BIAs Board of Management. The
Financial Services Unit will be responsible for providing resources to the BIA
and will be able to do so through existing resources and efficiencies.
Funds are available for mail-out
costs within the existing 2008 Economic Development Division budget
SUPPORTING DOCUMENTATION
Document 1 Proposed
Glebe BIA boundaries
Document 2 Letter from Glebe Business Group to City Clerk
Document 3 Letter from City Clerk to Property Owners
DISPOSITION
City Clerk's Branch will forward notices to affected
property owners as provided for in the Ontario
Municipal Act, 2001.
Legal Services Branch will prepare a
by-law to designate the area as a Business Improvement Area, as described in
Document 1, in accordance with Sections 204 and 209 of the Ontario Municipal Act, 2001, and place the aforementioned by-law on
the Orders of the Day, subject to the responses to the aforementioned
notices. Economic Development staff
will report back on the results of the circulation, and whether the expansion
was successful.
DOCUMENT 1
PROPOSED GLEBE BIA
BOUNDARIES
DOCUMENT 2
LETTER FROM GLEBE
BUSINESS GROUP TO CITY CLERK
December 17, 2007
City Clerk's Branch
City Manager's Office
City Of Ottawa
110 Laurier Avenue West
Ottawa, Ontario K1P 1J1
Attention: Pierre
Pagé, City Clerk
Dear Mr. Pagé,
Re: Request to Form a Glebe BIA
Please accept this letter as a formal
request to designate a Business Improvement Area (BIA) and establish a BIA
Board of Management for the Glebe under section 204. (1) of the Municipal Act,
2001.
This formal request for a BIA is
the result of a year of preparations and consultations with hundreds of Glebe
commercial property and business interests through direct discussions, general
and focus meetings, written material (including newsletters, a comprehensive
survey and promotional poster) and interviews with the Glebe Report community
newspaper. The Councillor for Capital
Ward and the Glebe Community Association are also very supportive of a
establishing a Glebe BIA. The overall
conclusion from these consultations was to proceed formally with an application
to designate the BIA.
The framework for discussions
with potential Glebe BIA members included addressing the proposed BIA
boundaries, annual budget and priorities for action. The proposed boundaries capture the high profile Queensway and Bank
Street commercial corridors in the Glebe and their connection to the major
attractions and activities of the Rideau Canal and Lansdowne Park. The boundary extends west-east from Lyon
Street along Chamberlain Avenue, Isabella Street and Pretoria Avenue to Queen
Elizabeth Driveway/the Rideau Canal; and north-south from the Queensway along
Bank Street to the Bank Street Canal Bridge, including commercial properties
along side streets and Lansdowne Park.
The annual budget recommended for the Glebe BIA is $200,000.00. This is lower than the budgets of comparable established BIAs in Ottawa (such as Westboro and Preston Street BIAs) but was viewed as sufficient to address the initial staffing requirements and action priorities of a new Glebe BIA.
…2
The recommended action priorities for the Glebe BIA for the short term include: matters of advocacy, particularly related to the pending major reconstruction of Bank Street and the Lansdowne Park Design Competition; parking management; branding and positioning of the Glebe business district; seasonal decorations; and inclusion of the BIA within joint Ottawa BIA initiatives, such as the anti-graffiti program and Ottawa BIAs brochure, web listings and promotions.
Priorities for the longer term include: niche market development; special promotions and events; collaboration, such as with Lansdowne Park, Ottawa Tourism, the Ottawa Business Advisory Committee and Ottawa Chamber of Commerce; visitor/tourism oriented marketing; advancement of strategic initiatives such as the redevelopment of Lansdowne Park; and new business attraction.
The establishment of the Glebe
BIA and Board of Management will enable Glebe business interests to maximize
their level of representation respecting key issues and initiatives, develop
core marketing tools, leverage physical and service improvements, elevate the
profile of the business district and attract more consumers/visitors and
businesses to this distinct commercial district. A Glebe BIA will also help to maintain and improve on the quality
of life in the overall Glebe community.
On behalf of the Steering
Committee, I would request that you process this BIA application immediately
and keep the committee apprised at key points, as the application follows its
course to completion. Your assistance
with this important business development initiative is greatly appreciated.
Sincerely yours,
Greg Best
Greg Best
Chair, Glebe BIA Formation Steering Committee
Glebe Business Group
c.c. Clive Doucet, Councillor, Capital Ward
Darrell Cox, Economic Development Consultant
Liam McGahern, Chair, Glebe Business Group
Members, Glebe BIA Formation Steering Committee
Catherine Lindquist, Lindquist & Anderson
Robert Brocklebank, Glebe Community Association
DOCUMENT 3
LETTER FROM CITY
CLERK TO PROPERTY OWNERS
Dear Property Owner:
Re: NOTICE OF INTENTION
Intention to Designate
the Boundaries of the Glebe Business Improvement Area (BIA)
In accordance with Section 204 of the Ontario
Municipal Act, 2001 hereinafter referred to as “the Act”, the Glebe
Business Group has requested
the City of Ottawa designate the boundaries of the BIA as outlined in the map
attached as Attachment 1.
A BIA is a tool to develop and undertake promotional programs and/or streetscape beautification for the business area. These programs are financed through a special levy, which is applied to all commercial and industrial property owners in the area who usually pass the cost on to business tenants. For more information on the Glebe BIA request, please contact Greg Best, Chair, Glebe BIA Formation Steering Committee, Glebe Business Group TO BE CONFIRMED.
The request to designate the
boundaries of the B.I.A. under the provisions of the Act was subsequently
approved by City Council at its meeting held January 23, 2008. In
this regard, attached are Sections 209 and 210 of the Act (Attachment 2).
You will note Section 210 (2), outlines
obligations of landlords to provide copies within specific timeframes. This
notice is being sent by registered mail on January 25, 2008. Therefore please note that the dates
referred to in the Act will be: Section 210 (2) (a) February 24, 2008,
and Section 210 (3) (a) March 25, 2008.
Yours truly,
original signed by
P.G. Pagé
City Clerk
City of Ottawa
110 Laurier Avenue West
Ottawa, ON K1P 1J1
Attachment 1 - Proposed Glebe Business
Improvement Area boundary
Attachment 2 - Ontario
Municipal Act, 2001
Changes to boundary
209. The
municipality may alter the boundaries of an improvement area and the board of
management for that improvement area is continued as the board of management
for the altered area. 2001, c. 25, s. 209.
Notice
210. (1) Before
passing a by-law under subsection 204 (1), clause 208 (2) (b), subsection 208
(3) or section 209, notice of the proposed by-law shall be sent by prepaid mail
to the board of management of the improvement area, if any, and to every person
who, on the last returned assessment roll, is assessed for rateable property
that is in a prescribed business property class which is located,
(a) Where the improvement area already exists,
in the improvement area and in any geographic area the proposed by-law would
add to the improvement area; and
(b) Where a new improvement area would be
created by the proposed by-law, in the proposed improvement area. 2001,
c. 25, s. 210 (1).
When notice received
(2) A person who receives a notice under
subsection (1) shall, within 30 days after the notice is mailed,
(a) Give a copy of the notice to each tenant of
the property to which the notice relates who is required to pay all or part of
the taxes on the property; and
(b) Give the clerk of the municipality a list
of every tenant described in clause (a) and the share of the taxes that each
tenant is required to pay and the share that the person is required to pay.
2001, c. 25, s. 210 (2).
Objections
(3) A municipality shall not pass a by-law
referred to in subsection (1) if,
(a) Written objections are received by the
clerk of the municipality within 60 days after the last day of mailing of the
notices;
(b) The objections have been signed by at least
one-third of the total number of persons entitled to notice under subsection
(1) and under clause (2) (a); and
(c) The objectors are responsible for,
(i) In the case of a proposed addition to an
existing improvement area,
(A) At least one-third of the taxes levied for
purposes of the general local municipality levy on rateable property in all
prescribed business property classes in the improvement area, or
(B) At least one-third of the taxes levied for
purposes of the general local municipality levy on rateable property in all
prescribed business property classes in the geographic area the proposed by-law
would add to the existing improvement area, or
(ii) in all other cases, at least one-third of
the taxes levied for purposes of the general local municipality levy on
rateable property in all prescribed business property classes in the
improvement area. 2001, c. 25, s. 210 (3).
Withdrawal of objections
(4) If sufficient objections are withdrawn
in writing within the 60-day period referred to in clause (3) (a) so that the
conditions set out in clause (3) (b) or (c) no longer apply, the municipality
may pass the by-law. 2001, c. 25, s. 210 (4).
Determination by clerk
(5) The clerk shall determine whether the
conditions set out in subsection (3) have been met and, if they are, shall
issue a certificate affirming that fact. 2001, c. 25,
s. 210 (5).
Determination final