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4. WAIVING OF DEVELOPMENT CHARGES FOR
164 MAIN STREET RENONCIATION AUX REDEVANCES
D’AMÉNAGEMENT POUR LE |
That Council waive municipal
development charges in the amount of $18,258.00 in
respect of three apartment units, which is part of a mixed use development with
no front yard parking, at 164 Main Street.
Que le Conseil renonce aux redevances d’aménagement, d’un montant de
18 258 $, relativement ŕ trois
appartements faisant partie d’un aménagement polyvalent sans stationnement dans
la cour avant, au 164, rue Main.
Documentation
1. Councillor
D. Chernushenko’s report dated 8 May 2012 (ACS2012-CMR-PLC-0008).
2. Extract of Draft Minutes, Planning
Committee meeting of 8 May 2012.
616-580-2487, David.Chernushenko@ottawa.ca
SUBJECT:
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OBJET :
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renonciation auX redevances d’aménagement pour le 164, rue main |
That the Planning
Committee recommend Council waive municipal development charges in the amount
of $18,258.00 in respect of three apartment units, which is
part of a mixed use development with no front yard parking, at 164 Main Street.
Que
le Comité de l’urbanisme recommande au Conseil de renoncer aux redevances
d’aménagement, d’un montant de 18 258 $, relativement ŕ trois appartements faisant partie d’un
aménagement polyvalent sans stationnement dans la cour avant, au 164, rue Main.
164 Main is a remnant parcel from the Immaculata School site. The lands were zoned R3J which permitted a duplex and required the provision of parking.
In 2006, an application was made to the Committee of Adjustment to permit the construction of a triplex.
Main Street is designated as Traditional Mainstreet in the Official Plan. The policies for Traditional Mainstreets encourage development with a mix of uses with a minimal setback from the street. This designation only came into force in the summer of 2006 and thus the R3J was not in conformity with the corresponding Official Plan Policy. In response to the circulation on the Committee of Adjustment application, the community and then Ward Councillor encouraged the applicant to come forward with a proposal that would implement the Traditional Mainstreet policies. In response to these comments, the landowner applied for a rezoning that more corresponded to these policies including:
(a)
The
provision of commercial space at grade;
(b)
No
on-site parking required; and
(c)
A
minimum front yard setback of 1.0 metres.
The zoning was adopted by Council on 29 August 2007, with the staff report including the following comment:
The proposal will foster a small scale mixed use residential development along Main Street and begin to establish a desirable density to support local commercial development.
Following the adoption of the zoning by-law, as the applicant moved forward with his building plans, a comment was received from Hydro Ottawa to the effect that the building would have to be set back further than anticipated. This has lead to a significant delay in the landowner being able to move forward with construction. Discussions did take place with respect to whether it would be possible to bury the electrical lines but in the end it was determined that this was not financially viable.
With the expiration of the Centretown and Central Area exemption zone, it is acknowledged that it is no longer City policy to provide exemption from residential development charges. However, it is suggested that this is a particularly special case. The owner in this case could have likely proceeded almost six years ago with a development. In response to comments from the community and then Ward Councillor, he agreed to modify his proposal to implement the policies of the City’s Official Plan in respect of Traditional Mainstreets, including the reduction of the front yard setback from Main Street. This reduction of the setback then lead to concerns with respect to the Hydro lines and the significant delay. This course of events warrants the conclusion that the exception action of waiving development charges are warranted in this case.
An application to the Committee of Adjustment has recently been reactivated to permit additional units. However, as the 2007 zoning report was only in respect of three units, waiver is only being sought for the three units so approved. Further, as the basis for the recommendation is upon implementation of Official Plan policy, the provision of the waiver will require that confirmation that the development to be constructed with have commercial at grade and no front yard parking.
There are no rural implications associated with this report.
Consultation is not
applicable at this time as this is a Councillor’s report.
Planning and Growth Management Comments
The Planning and Growth Management Department notes that Council in September 2010, approved a motion by former Councillor Doucett to waive a Cash-in-Lieu of Parkland fee of $11,191.94 associated with the proposed development for 164 Main Street (Waiver of Cash-in-Lieu of Parkland Fees for 164 Main Street (ACS2010-CCS-PEC-0043).
The Department does not support the recommended waiver to the Development Charges fee applicable to the proposed development. Development charges are applicable to all development within the city with no exemptions having been set out in the Development Charges By-law that are site specific or area specific.
Councillor Chernushenko supports the amendment, and is moving the motion to this effect
There are no legal implications to this report.
There are
no risk management implications associated with this report.
Should Council approved this
recommendation, $18,258 in municipal development charges would be waived, which
would result in less DCs available to support the City’s capital program.
ENVIRONMENTAL IMPLICATIONS
There are no environmental implications associated with this report.
There are no accessibility impacts associated with this
report.
There are no technology implications associated with this
report.
Strategic Priority: Financial Responsibility
Be
financially responsible to the residents of Ottawa by practicing prudent fiscal
management of existing resources, and by making sound long-term choices that
allow core City programs and services to be sustainable now and into the
future.
Strategic Priority: Service Excellence
SE2 - Improve operational performance: Improve the effectiveness and efficiency of
service delivery to reach targets that have been approved by Council and
communicated to residents and staff.
Staff will implement Council’s decision.
WAIVING OF DEVELOPMENT CHARGES FOR 164 MAIN STREET
renonciation
auX redevances d’aménagement pour le
164, rue main
ACS2012-CMR-PLC-0008 capital/capitale (17)
REPORT
RECOMMENDATION:
That the Planning
Committee recommend Council waive municipal development charges in the amount
of $18,258.00 in respect of three
apartment units, which is part of a mixed use development with no front yard
parking, at 164 Main Street.
This item was originally held to allow
Councillor Chernushenko, whose arrival had been delayed, to speak to his
item. In the interim, Committee asked
questions of Mr. Tim Marc, Senior Legal Counsel, Corporate Development and
Environmental Law Branch, for clarification.
Chair Hume emphasized that due to the nature of this file, Committee’s
consideration of this item should be seen as a stand-alone approval, and not as
a common occurrence. As the Councillor
had not yet arrived following questions, and as the Committee’s general mood
was one of support, the item was CARRIED as presented, with Councillor Bloess
dissenting.