I Report No.: I

Transcription

1 I Report No.: I TO: FROM: PREPARED BY: Bert Meunier, Chief Administrative Officer Terry Willing, Acting Commissioner, Planning & Development Services Wendy Tse, Senior Planner, Development Approvals DATE OF MEETING: May 18,2004 SUBJECT: Application To Lift Holding -H Symbol 300 Wellington Street, Bajus Consulting Inc. Our File No. D RECOMMENDATION TO COUNCIL: WHEREAS Bajus Consulting Inc. has submitted an application requesting that the -H Holding Symbol be lifted from 300 Wellington Street located on Parts of Lots 1, 13, 14 and air rights above Part 9 of Reference Plan 13R ; and WHEREAS the -H Holding provisions were to remain in place until all applicable municipal and agency requirements have been complied with and all necessary Agreements have been executed; and WHEREAS the Owner has complied with the conditions for the removal of the -H Holding Symbol as follows: all necessary environmental studies and an acceptable remedial action plan is provided and carried out; and, the Owner has submitted, for the Municipality s consideration, the appropriate application for an amendment to the Zoning By-Law to remove the -H Holding Symbol: THEREFORE BE IT RESOLVED that it be recommended to the Council of The Corporation of the City of Kingston as follows: 1. That Zoning Map, Schedule A of By-Law No Downtown and Harbour Zoning By- Law, as amended, be further amended by removing the -H Symbol for the lands located at 300 Wellington Street so as to rezone the subject land from (H)Cl-20 Modified Central Business System - Holding to Cl-20 Modified Central Business System which lands are shown as Lands Subject to -H Removal on Schedule A attached hereto. 28

2 COUNCIL MEET~NGI 6 MKf REPORT TO CITY COUNCIL -H Removal Wellington Street (File No. D ) 5- - Page 2 - Report No [A Draft of the Amending Zoning By-Law is appended to this report for Council s review and consideration (Appendix No. l)]. AND BE IT FURTHER RESOLVED that the Amending By-Law be presented to Council for all three readings. ORIGIN/PURPO S E : This matter originates in an application submitted by Bajus Consulting Inc. for removal of the -H Holding Symbol from 300 Wellington Street. The purpose of this report is to assess the merits of the request and to make a recommendation to Council respecting removal of the -H Holding Symbol. OPTIONS/DISCUSSION: (a) Site Location and Descrbtion: The subject site is approximately square metres, and is located on the west side of Wellington Street between Ordnance Street and Bay Street. The lands formerly contained a commercial structure, which has been demolished in order to permit the redevelopment of the property for a 4 unit townhouse dwelling. The site is designated as Site Specific Policy Area No. 26 in the Official Plan and is zoned (H)Cl-20 Modified Central Business System - Holding Zone in Zoning By-Law No , Downtown and Harbour Zoning By-Law. Surrounding land uses are as follows: North: the former Bajus Brewery site containing a mix of residential and commercial development; East: a provincial government office building; South: a commercial property; and West: a 5 unit townhouse accessed by Rideau Terrace; the Bajus Condominium is located on Bay Street between Wellington and Rideau Streets and contains approximately 40 dwelling units within 6 storeys (b) Background: The site was subject to Official Plan and Zoning By-law amendments with final approval of the amendments effective on May 6, The amendments addressed the site specific characteristics of the location and the historical context in which the proposed dwelling is to be constructed. An H symbol was placed on the zoning specifically to ensure the appropriate development of the subject site, given the previous geotechnical findings of nearby properties. Development was not to proceed until the following had been completed and submitted to the satisfaction of the City of Kingston: (i) a report addressing the potential presence of chlorinated hydrocarbons; (ii) additional information with respect to beryllium in the groundwater, including, a technical opinion on the nature of risk to residents; and (iii) an acceptable Remedial Action Plan is provided and carried out and that a Record of Site Condition is filed with the Ministry of the Environment (MOE). 29

3 REPORT TO CITY COUNCIL -H Removal Wellington Street (File No. D ) Report No OPTIONWDISCUSSION (Cont d): (b) Background (Cont d): The above conditions have now been fulfilled and approval by the Environment Division has been received. Site plan control is not required for residential development with less than 7 units. (c) (d) Procedural Information: Zoning By-Laws to remove -H Holding Symbols are typically technical in nature as the planning issues related to the use of the -H Symbol and the conditions for its removal have been established as part of the initial rezoning process. Also, any technical issues and required clearance letters are generally addressed through the review and approval of the final engineering plans and the conditions established by Council and contained within the Subdivision Agreement. Pursuant to Council s adopted procedures (Clause 5, Report No. 7, Meeting No. 2, held on ), reports dealing with applications for removal of an -H Symbol are referred directly to City Council. This process was instituted as a streamlining initiative to reduce the processing time for applications and in recognition of the fact that the conditions for such removal have already been clearly established by the Planning Committee and Council. This direct process was determined to be more efficient given the fact that such applications are generally submitted towards the end of the planning process when timing may be critical to the developer. Analvsis: The Owner is requesting that the -H Holding Symbol be removed from the property located at 300 Wellington Street to permit the construction of a 4 unit townhouse. The conditions for removal of the -H Holding Symbol have been fulfilled by the Owner as follows: (e) (i) all necessary Agency and/or Municipal clearance letters for the development have been received; (ii) all necessary environmental studies have been submitted and an acceptable remedial action plan has been approved; and (iii) the Owner has submitted the appropriate application to amend By-Law No so as to remove the -H Symbol for the subject lands. This amendment has been processed in accordance with the Notice Regulations of the Planning Act. Conclusion: The intent of the -H Holding Symbol on the subject property was to restrict development until such time as all necessary Municipal and agency requirements has been fulfilled. Based on the foregoing analysis, it would appear that the Owner is now in a position to fulfill the requirements for the removal of the -H Holding Symbol. Therefore, it would now be appropriate that it be recommended to City Council that the Zoning By-Law be amended to remove the -H Holding Symbol for the subject property only as it pertains to the development of a 4 unit townhouse at 300 Wellington Street. 30

4 COUNCIL NEETING~ 6 MY REPORT TO CITY COUNCIL -H Removal Wellington Street (File No. D ) EXISTING POLICY/BY-LAW: - Page 4 - Report No The property is designated as Site Specific Policy Area No. 26 in the Official Plan for the former City of Kingston and is Zoned (H)Cl-20 Modified Central Business System - Holding Zone in Zoning By-Law No , Downtown and Harbour Zoning By-Law. The proposed use for the property complies with the policies of both the Official Plan and the requirements of the Zoning By-Law. LINK TO STRATEGIC PLAN: The Strategic Plan supports and promotes responsible new development that can better the lives of the citizens of Kingston. FINANCIAL CONSIDERATIONS: None. CONTACTS: Further information with respect to this application and the contents of this Report can be obtained by contacting: Wendy Tse, Senior Planner, Planning Division ( , ext. 3219); George T. Wallace, Supervisor, Development Approvals ( , extension 3252); or Bianca M.V. Bielski, Manager, Planning Division ( , extension 3250). DEPARTMENTS/OTHERS CONSULTED AND AFFECTED: The Environment Division (Paul MacLatchy) has indicated they have no objection to the removal of the -H Holding Symbol. A completed record of site condition is to be received prior to the issuance of an occupancy permit. This report is to be provided to the Ministry of the Environment that declares the site clean-up is complete and warranties the work done. Engineering Division (Jim Fowler): grading plan to be reviewed with building permit Building Division (Ted Marecak): no objection Utilities Kingston (Erika Sorensen): individual services to be shown at building permit stage NOTICE PROVISIONS: This amendment has been processed in accordance with the Notice Regulations of the Planninz A&. These regulations require that a Notice of Council s intent to pass an amending By-Law to remove an -H Symbol be provided by an advertisement in a newspaper with sufficient general circulation or by first class mail to the Owner and any person or agency specifically requesting such notice. In this instance, Notice was provided by first class mail to the Owner. APPENDICES: AppendixNo. 1 - DraftBy-Law 31

5 CO~IEKIL r m m N d 6 MAY '18 'Q4 REPORT TO CITY COUNCIL '-H' Removal Wellington Street (File No. D ) - Page 5 - Report No Chief Administrative Officer K:UD28_Holdings Remova1\ Wellington Street\Council Report Wellington Street.doc

6 Appendix No. 1 THE CORPORATION OF THE CITY OF KINGSTON DRAFT ZONING BY-LAW TO AMEND BY-LAW NO ('-H' REMOVAL) Downtown and Harbour Zoning By-law Bajus Consulting Ltd. 300 Wellington Street File No. D Drafted: May, 2004 The Corporation of the City of Kingston Planning and Development Services Planning Division 216 Ontario Street, Kingston, Ontario K7L 223

7 COUNCIL MEET~NG~ 4 MAY THE CORPORATION OF THE CITY OF KINGSTON BY-LAW NO A BY-LAW TO AMEND BY-LAW NO , DOWNTOWN AND HARBOUR ZONING BY-LAW, TO REMOVE THE -H HOLDING SYMBOL RELATED TO THE (H)Cl-20 ZONE (Bajus Consulting Ltd.), 300 Wellington Street. PASSED: WHEREAS By-Law No Downtown and Harbour Zoning By-law established Holding ( - H ) provisions related to the (H)Cl-20 Zone, so that development would not be allowed to proceed until such time as all necessary Municipal and Agency requirements had been fulfilled and all necessary Agreements had been executed; and WHEREAS the applicant (Bajus Consulting Ltd.) is now requesting that the -H Holding Symbol be lifted, and has submitted an application to amend By-Law No so as to remove the -H Holding Symbol; and WHEREAS the Owner has complied with the conditions for the removal of the -H Symbol as follows: all necessary Agency clearance letters for the development have been submitted to the Municipality; all necessary environmental studies have been submitted and an acceptable remedial action plan has been approved; the Owner has submitted, for the Municipality s consideration, the appropriate application for an amendment to the Zoning By-Law to remove the H Symbol: WHEREAS the Council of The Corporation of the City of Kingston now deems it advisable to amend Zoning By-Law No , so as to remove the said -H Holding Symbol from the property located on 300 Wellington Street, and allow the development of the subject land for a 4 unit townhouse: NOW THEREFORE BE IT RESOLVED that the Council of The Corporation of the City of Kingston hereby ENACTS as follows: 1. That the lands described as Lands Subject to H Removal and shown on Schedule A attached hereto are the lands affected by this By-Law. 2. That Zoning Map, Schedule A of By-Law No Downtown and Harbour Zoning By- Law, as amended, be further amended by removing the -H Symbol for the lands located at 300 Wellington Street so as to rezone the subject land from (H)Cl-20 Modified Central Business System - Holding to Cl-20 Modified Central Business System which lands are shown as Lands Subject to -H Removal on Schedule A attached hereto. 34

8 CUUNCL NIEETING~ 6 MAY 18 ' This By-Law shall come into force and take effect on the date of its passing. GIVEN ALL THREE READINGS AND FINALLY PASSED ON THE - day of, Mayor, Harvey Rosen ~~ ~ City Clerk, Carolyn Downs

9 I Report No.: I TO: FROM: PREPARED BY: Bert Meunier, Chief Administrative Officer Terry Willing, Acting Commissioner, Planning & Development Services Wendy Tse, Senior Planner, Development Approvals DATE OF MEETING: May 18,2004 SUBJECT: Application To Lift Holding -H Symbol Walnut Grove, Phases 3A and 3B, Dacon Construction Limited Our File No. D RECOMMENDATION TO COUNCIL: WHEREAS Dacon Corporation Limited has submitted an application requesting that the -H Holding Symbol be lifted from Walnut Grove, Phase 3A and 3B located on Blocks 4 and 5, and Part of Blocks 6 and 13, Plan 13M-39; and WHEREAS the -H Holding provisions were to remain in place until all applicable Municipal and agency requirements have been complied with and all necessary Agreements have been executed; and WHEREAS the Owner has complied with the conditions for the removal of the -H Holding Symbol as follows: 0 all necessary Agency clearance letters have been submitted to the Municipality; confirmation of adequate sewage capacity to service the proposed subdivision has been received from Utilities Kingston; all Municipal requirements are contained within the Subdivision Agreement and are shown on the approved engineering plans; the Subdivision Agreement has been executed by the Owner and registered on title; the Owner executed the Site Plan Control Agreement and registration will occur in the near future; and, 36

10 COUNCIL MEETING^ 4 MAY REPORT TO CITY COUNCIL Report No H Removal - Dacon Construction Limited (File No. D ) - Page 2 - RECOMMENDATION TO COUNCIL (Cont d): the Owner has submitted, for the Municipality s consideration, the appropriate application for an amendment to the Zoning By-Law to remove the -H Holding Symbol: THEREFORE BE IT RESOLVED that it be recommended to the Council of The Corporation of the City of Kingston as follows: 1. That Schedule A to Zoning By-Law , The Cataraqui North Zoning By-Law, as amended, be further amended by removing the -H Symbol for the lands described as Blocks 4 and 5, and Part of Blocks 6 and 13, Plan 13M-39, located at Ellesmeer Avenue, Richwood Court and Anderson Drive, so as to rezone Stages 3A and 3B of the Walnut Grove Subdivision from LDR*l-H Special Low Density Residential Holding Zone to Zone LDR* 1 Special Low Density Residential, which lands are shown as Lands subject to H Removal on Schedule A attached hereto. [A Draft of the Amending Zoning By-Law is appended to this report for Council s review and consideration (Appendix No. l)]. AND BE IT FURTHER RESOLVED that the Amending By-Law be presented to Council for all three readings. ORIGIN/PURPOSE : This matter originates in an application submitted by Dacon Corporation Limited for removal of an -H Holding Symbol from Walnut Grove, Phases 3A and 3B, located on Blocks 4 and 5, and Part of Blocks 6 and 13, Plan 13M-39. The purpose of this report is to assess the merits of the request and to make a recommendation to Council respecting removal of the -H Holding Symbol. On September 3, 2002, Council passed a resolution that the -H Holding Symbol for the subsequent stages of the Walnut Grove Subdivision shall be lifted, subject to Utilities Kingston confirming adequate sewage capacity for each stage and the Site Plan Control Agreement being executed by the Owner for the stage(s) that are the subject of each subsequent request for -H Removal, upon presentation to Council of further Amending Zoning By-Laws to remove the -H Holding Symbol for the subsequent stages. OPTIONS/DISCUSSION: (a) Site Location and DescriDtion: The subject site consists of lands abutting a portion of Ellesmeer Avenue, Richwood Court and Anderson Drive. The subject lands are designated as Residential in the Official Plan and are zoned LDR-1-H Special Low Density Residential Holding Zone in Zoning By-Law No , The Cataraqui North Zoning By-Law. 37

11 REPORT TO CITY COUNCIL -H Removal - Dacon Construction Limited (File No. D ) Report No Page ORIGIN/PURPO SE (Con t d) : (b) Backpround: The Subdivision Plan and Agreement have been executed by the Applicant and have been registered. Further, Site Plan Control approval for this phase will be granted by the Manager of the Planning Division shortly. (c) (d) Procedural Information: Zoning By-Laws to remove -H Holding Symbols are typically technical in nature as the planning issues related to the use of the -H Symbol and the conditions for its removal have been established as part of the initial rezoning process. Also, any technical issues and required clearance letters are generally addressed through the review and approval of the final engineering plans and the conditions established by Council and contained within the Subdivision Agreement. Pursuant to Council s adopted procedures (Clause 5, Report No. 7, Meeting No. 2, held on ), reports dealing with applications for removal of an -H Symbol are referred directly to City Council by Staff. This process was instituted as a customer service initiative to reduce the processing time for applications and in recognition of the fact that the conditions for such removal have already been clearly established by the Planning Committee and Council. This direct process was determined to be more efficient given the fact that such applications are generally submitted towards the end of the planning process when timing may be critical to the developer. Analvsis: The Owner is requesting that the -H Holding Symbol be removed from the property located on Blocks 4 and 5, and Part of Blocks 6 and 13, Plan 13M-39, to permit the construction of 26 residential units. The conditions for removal of the -H Holding Symbol have been fulfilled by the Owner as follows: 1. All necessary Agency and/or Municipal clearance letters for the subdivision have been received. 2. Confirmation has been received from Utilities Kingston that there is sufficient sewage capacity to service the proposed Subdivision. 3. The Subdivision Agreement has been executed by the Owner and registered in title. The Owner has submitted the necessary financial securities, certificate of insurance and Final Plans required by the Subdivision Agreement. All Municipal and Agency requirements are contained within the conditions comprising the Subdivision Agreement or are detailed on the approved engineering plans appended to the Agreement. 4. The Site Plan Control Agreement has been executed by the Owner and returned to the Municipality for registration together with the necessary financial securities required by the Site Plan Control Agreement. All technical requirements are contained within the conditions comprising the Site Plan Control Agreement or are detailed on the 38

12 cb.diii~ MEETING^ 6 NAY REPORT TO CITY COUNCIL -H Removal - Dacon Construction Limited (File No. D ) ORIGIN/PURPOSE (Cont d) : - Page 4 - Report No (d) Analvsis (Cont d): approved site plans appended to the Agreement. Registration of the Agreement will occur in the near future. 5. The Owner has submitted the appropriate application to amend By-Law No so as to remove the -H Symbol for the subject lands. This amendment has been processed in accordance with the Notice Regulations of the Plannina Act. (e) Conclusion: The intent of the -H Holding Symbol on the subject property was to restrict development until such time as all necessary Municipal and agency requirements have been fblfilled and all necessary agreements had been registered on title. Based on the foregoing analysis, it would appear that the Owner is now in a position to llfill the requirements for the removal of the -H Holding Symbol. Therefore, it would now be appropriate that it be recommended to City Council that the Zoning By-Law be amended to remove the -H Holding Symbol for the subject property only as it pertains to the development of a 26 lot residential subdivision for the lands located on Blocks 4, 5, 6 and 13, Plan 13M-39, in the Cataraqui North Neighbourhood. EXISTING POLICYBY-LAW: The property is designated as Residential in the Official Plan for the former Township of Kingston and Zoned LDR* 1 -H Special Low Density Residential Holding Zone in Zoning By-Law No The proposed use for the property complies with the policies of both the Official Plan and the requirements of the Zoning By-Law. LINK TO STRATEGIC PLAN: The Strategic Plan supports and promotes responsible new development that can better the lives of the citizens of Kingston. FINANCIAL CONSIDERATIONS: None CONTACTS: Further information with respect to this application and the contents of this report can be obtained by contacting: Wendy Tse, Senior Planner, Planning Division ( , ext ) George T. Wallace, Supervisor, Development Approvals ( , extension 3252); or Bianca M. V. Bielski, Manager, Planning Division ( , extension 3250). 39

13 COGNCIL MEETING^ 5 MAY REPORT TO CITY COUNCIL Report No H Removal - Dacon Construction Limited (File No. D ) - Page 5 - *c-- a DEPARTMENTWOTHERS CONSULTED AND AFFECTED: The request for removal of the -H Symbol was circulated to the following Departments, all of which confirmed no objection to the approval of the Application: Engineering Division (Donald Brodie, Mark Van Buren) Building Division (Bill Douglas) Cultural Services (Kristine Hebert) Fire and Rescue (Robb Kidd) Utilities Kingston (Mark Doherty) An objection to the -H lift application was received fiom the Cataraqui Region Conservation Authority. The CRCA indicated they recommend the -H symbol not be lifted at this time as they are of the opinion that the lands drain to Pond B2E and there is a need to ensure that the pond is vegetated and able to accept post-development runoff. In consultation with the Engineering Division, the Master Drainage Plan prepared by Weslake Inc. indicates that this phase of Walnut Grove falls outside the drainage area of Pond B2E and, therefore, the development of this phase will not impact on Pond B2E. NOTICE PROVISIONS: This amendment has been processed in accordance with the Notice Regulations of the PZanning A&. These regulations require that a Notice of Council s intent to pass an amending By-Law to remove an -H Symbol be provided by an advertisement in a newspaper with sufficient general circulation or by first class mail to the Owner and any person or agency specifically requesting such notice. In this instance, Notice was provided by first class mail to the Owner. APPENDICES: AppendixNo. 1 - Draft By-Law 40

14 CO~NC~I, II;IEET~-R(G~ 6 MAY' 18 '04 REPORT TO CITY COUNCIL '-H' Removal - Dacon Construction Limited (File No. D ) - Pace 6 - Report No Terry Wi% 3 Acting Commssioner, Planning and Development Services Chief Administrative Officer K:D28_Holdings Remova1\ ~Ellesmeer Ave, Richwood Court & Anderson Drive\Council Report Walnut Grove Subdivision.doc

15 Amendix No. 1 THE CORPORATION OF THE CITY OF KINGSTON DRAFT ZONING BY-LAW TO AMEND BY-LAW NO ( -H REMOVAL) IN THE FORMER TOWNSHIP OF KINGSTON Dacon Construction Limited Ellesmeer Avenue, Richwood Court, Anderson Drive Walnut Grove, Phases 3A and 3B File No. D Drafted: May, 2004 The Corporation of the City of Kingston Planning and Development Services Planning Division 216 Ontario Street, Kingston, Ontario K7L 223

16 THE CORPORATION OF THE CITY OF KINGSTON BY-LAW NO A BY-LAW TO AMEND BY-LAW NO , CATARAQUI NORTH ZONING BY-LAW, AS AMENDED BY BY-LAW NOS & , TO REMOVE THE -H HOLDING SYMBOL RELATED TO THE LDR*l-H ZONE ( Walnut Grove Subdivision, Stages 3A and 3B - Blocks 4 and 5, Part of Blocks 6 and 13, Plan 13M Ellesmeer Avenue, Richwood Court and Anderson Drive, in the former Township of Kingston). PASSED: WHEREAS By-Law Nos and rezoned certain lands in the Cataraqui North Neighbourhood in Kingston West, known as the Walnut Grove Subdivision, to Zone LDR*l-H Special Low Density Residential in order to permit the development of single detached, semidetached and row dwellings; and WHEREAS By-Law Nos and established Holding ( -H ) provisions related to the LDR*l-H Zone, so that development would not be allowed to proceed until such time as all necessary Municipal and Agency requirements had been fulfilled and all necessary Agreements had been executed; and WHEREAS the Owner (Dacon Construction Ltd.) is now requesting that the -H Holding Symbol be lifted from Stages 3A and 3B of the proposed Walnut Grove Subdivision (Blocks 4 and 5, and Part of Blocks 6 and 13, Plan 13M-39), and have submitted an application to amend By-Law No so as to remove the -H Holding Symbol; and WHEREAS the Owner has complied with the conditions for the removal of the -H Symbol as follows: 0 all necessary Agency clearance letters for the subdivision have been submitted to the Municipality; confirmation has been received of adequate sewage capacity to service Stages 3A and 3B of the proposed Subdivision; 0 all Municipal requirements are contained within the Subdivision Agreement and are shown on the approved engineering plans; 0 the Subdivision Agreement for the Walnut Grove Subdivision has been executed by the Owner and registered in title; the Site Plan Control Agreement has been executed by the Owner and returned to the Municipality for registration together with the necessary financial securities required by the Site Plan Control Agreement. All technical requirements are contained within the conditions comprising the Site Plan Control Agreement or are detailed on the approved site plans appended to the Agreement. Registration of the Agreement will occur in the near fbture.; and the Owner has submitted, for the Municipality s consideration, the appropriate application for an amendment to the Zoning By-Law to remove the H Symbol: 43

17 -2- WHEREAS the Council of The Corporation of the City of Kingst n now deems it advisable to amend Zoning By-Law No , as amended, so as to remove the said -H Holding Symbol from Stages 1 & 2 only of the Walnut Grove Subdivision (Blocks 4 and 5, and Part of Blocks 6 and 13, Plan 13M-39), and allow the development of the subject lands for a total of up to 26 residential units (1 3 single detached, 2 semi-detached and 3 row dwellings), to proceed: NOW THEREFORE BE IT RESOLVED that the Council of The Corporation of the City of Kingston hereby ENACTS as follows: 1. That the lands described as Lands subject to H Removal and shown on Schedule A attached hereto are the lands affected by this By-Law. 2. That Schedule A to By-Law No , as amended, is hereby further amended by removing the -H Symbol for the lands known as Stages 3A and 3B of the Walnut Grove Subdivision (Blocks 4 and 5, and Part of Blocks 6 and 13, Plan 13M-39), described as Ellesmeer Avenue, Richwood Court and Anderson Drive, located on the east side of Andersen Drive, north of Princess Street, so as to rezone these lands from Zone LDR* 1 -H Special Low Density Residential Holding to LDR* 1 Special Low Density Residential Zone, which lands are shown as Lands subject to H Removal on Schedule A attached hereto. 3. This By-Law shall come into force and take effect on the date of its passing. GIVEN ALL THREE READINGS AND FINALLY PASSED ON THE - day of Mayor, Harvey Rosen City Clerk, Carolyn Downs 44

18 I Report No.: I TO: FROM: SUBMITTED BY: Bert Meunier, Chief Administrative Officer Denis Leger, Commissioner of Corporate Services Pat Carrol, Manager of Taxation and Revenue DATE OF MEETING: SUBJECT: 2004 FINAL PROPERTY TAX LEVY RECOMMENDATION TO COMMITTEE OF THE WHOLE: That a by-law to provide for the levying and collecting of 2004 final taxes be presented and given three readings and passed in order to provide the necessary time required to calculate and prepare tax bills. ORIGIN/PURPOSE : The Municipal Act, 2001 (The Act) requires that municipalities pass a by-law to enable the billing of taxes. The Act further requires the passing of by-laws under various sections to ensure that the tax bill is collectable. Section 307 of The Act requires that taxes, fees or charges be levied equally upon the whole assessment for real property in the municipality and that the taxes, fees or charges be in the same proportion to each other as the tax ratios established pursuant to Section 308. For the purposes of raising the required amounts of revenue from taxation, municipalities must pass a bylaw pursuant to Section 312 of The Act levying a separate tax rate on the assessment in each property class. Sections 342, 343, 345, and 346 of The Act requires that by-laws be passed to authorize the payment of taxes by instalments and the date or dates, which taxes are payable, billing of a property class separately from other classes, imposing late payment charges for the nonpayment of taxes, and, the payment of taxes at financial institutions. Due to the length of time needed to prepare the billing, which requires calculations begin prior to the next Council meeting on June 1,2004, three readings are being requested for this by-law. 45

19 COUNCIL MEETlNG REPORT TO COUNCIL - Page 2 - Report No: OPTIONSDISCUSSION: Tax Ratios Council approved the 2004 tax ratios at its May 11,2004 meeting (report no ) and has given two readings to the 2004 Tax Ratio By-law. The third reading and passing is expected at the May 18, 2004 Council meting. Tax ratios are required in order to determine tax rates, which are used to calculate each property s tax levy. Tax ratios are applied against each property class total assessment to determine the weighted assessment. The amount required to be raised for taxation is divided by the weighted assessment to produce the tax rate for the residential property class. Tax rates for other property classes are established by multiplying the residential tax rate against the ratio for each class. Tax Rates The operating budget by-law (No ) was approved by Council on April 20, The information contained in this report reflects the rates to be applied against the assessment to raise the taxation revenue required for general municipal purposes and area-rated services for fire and garbage. The residential tax rates being set in the by-law are provided in Table 1 below. Table 1 - Residential Tax Rates General Fire Garbage Education $ $ Following in Table 2 is a comparison between 2003 and 2004 residential tax bills calculated at an average home assessed for $158,000 in 2003 and $181,226 for The 2004 value has been increased by 14.7%, which is the average reassessment increase for residential properties. Table :2004 Residential Tax Bill Comparison General Fire Garbage MUNICIPAL TOTAL 1, , , , , , $ $ , , , , , , The above noted percentage tax increases are slightly different than those expressed during the 2004 budget deliberations. These differences are can be attributed to two factors: a) final tax rates for industrial properties have been limited to a 50% increase over 2003, thereby increasing the tax rate 46

20 CGUNCiL MEETlNGlb My REPORT TO COUNCIL Report No: Page for all other classes; and b) the results of the reassessment on an area basis differed from the average reassessment for the whole city, thereby causing slight differences in area rate calculations. The draft 2004 tax rate by-law, which sets the tax rates and assessments upon which the taxes are calculated to provide the required levies, is attached to this report. Attached to the by-law are the following schedules: Schedule A - General City Revenue Summary Schedule B Tax Rate Schedule Schedule B Tax Rate Schedule - PIL Schedule C General Municipal Levy Schedule C Fire Levy Schedule C Garbage Levy Special Area Levies and Tax Rates A special report and draft by-law for the setting of these tax rates, which includes the Business Improvement Operating Levy; Business Improvement Area Redevelopment (capital) Levy and the Exempt Diversion Tax Rate, will be presented for three readings at the June 1, 2004 meeting. These levies form part of the capped property class billing and these tax bills are prepared after the non-capped properties. Tax Bill Provisions Also included in the draft 2004 tax rate by-law are provisions for instalment due dates, separate billings for capped and non-capped property classes, penalty and interest charges to be applied for non-payment of taxes, and payments to be made at financial institutions. All of these items are required to be passed by by-law, pursuant to the Municipal Act, Separate tax billings and due dates are recommended for both non-capped property and capped property classes. Due dates for both billings are June 30, 2004, which means that the bills must be sent by June 9,2004, in order to comply with the 21 day notice period. We expect that the capping calculations will be completed in time to meet the June 9 billing deadline; however, if we are unable to meet the deadline, we will bring a report and amending by-law to establish a new July due date for the capped properties. The capped property class calculations, pursuant to Bill 140, the Continued Protection for Property Taxpayers Act, 2000, are required to limit assessment-related tax increases to 5%. The funding of the capping reductions for properties receiving protection under the 5% limits will be recovered from properties that are within the same tax class, and would have had their taxes decreased, as approved by Council on May 11, 2004 in Tax Policy report no The capping results and any shortfall will be reported to Council in August. With respect to payment at financial institutions, it has been the City of Kingston s practice to allow property owners to pay taxes at financial institutions and this provision is set in the by-law. The imposition of interest charges for the non-payment of taxes is provided at the maximum amount permitted in the Municipal Act, 2001, which is 1.25% per month (1 5% per annum). These charges are consistent with previous years. 47

21 COUNCIL MEETING^ 6 MAY 1 8 '04 REPORT TO COUNCIL - Page 4 - Report No: Education Tax The Provincial Government set 2004 education tax rates for all property classes in 0.Reg. 115/04. Table 3 provides the 2004 education tax rates, which are included in the 2004 Tax Rate Schedule attached to the by-law rates are provided for comparative purposes. All property classes, except industrial, have a lower 2004 tax rate. Table Education Tax Rates Property Class Residential, New Multi-residential, Multi-Residential Farm, Managed Forest Pipeline Commercial Industrial 2003 Education Tax Rate 2004 Education Tax Rate EXISTING POLICY/BY-LAW: Municipal Act, 2001, as amended LINK TO STRATEGIC PLAN: Not Applicable FINANCIAL CONSIDERATIONS: With the approval of this report and by-laws, taxation revenue will be billed and collected in accordance with existing practices. CONTACTS: Gerard Hunt Manager of Finance Pat Carrol Manager of Taxation & Revenue Jeff Walker Supervisor of Taxation & Cashiering DEPARTMENTS/OTHERS CONSULTED AND AFFECTED: Not Applicable NOTICE PROVISIONS: Not Applicable 48

22 CCUNC~L MEETING^ 6 MAY REPORT TO COUNCIL Report No: Page 5 - APPENDICES: Appendix A - Draft 2004 Tax Rate By-law with Schedules A, Bl, B2, Cl, C2 and C3 Commissioner of Corporate Services I Chief Administrative Officer 49

23 Appendix "A BY-LAW NO A BYmLAW TO ESTABLISH GENERAL MUNICIPAL, FIRE, AND GARBAGE TAX RATES AND TO PROVIDE FOR A FINAL TAX LEVY; TO PROVIDE FOR PENALTY AND INTEREST OF 1.25% ON TAX ARREARS: AND TO PROVIDE FOR PAYMENT OF TAXES BY INSTALMENT. PASSED: WHEREAS pursuant to Section 290 of the Municipal Act 2001 provides that the council of a local municipality, shall in e the sums it requires during the year for the purposes of the 2001, c.25, as amended re and adopt estimates of adopt the estimates for the sums required to b purposes of the City of Kingston; AND WHEREAS pursuant to Section amended, the sums required to be lev rateable for local municipality' AND WHEREAS purs amended the sums Act, 2001, S.O. 2001, c.25, as are levied on the applicable assessment reateable for local l)(a) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, oca1 municipality may pass by-laws providing for the payment of taxes in one amount or by instalments and the date or dates in the year for which the taxes are imposed on which the taxes or instalments are due; AND WHEREAS Section 345(1) of the Municipal Act, 2001, S.O. 2001, c25, as amended, provides that the Council of a local municipality may pass by-laws to impose late payment charges for the non-payment of taxes or any instalment by the due date; 50

24 COUNCIL MEETING 16 MAY Appendix A AND WHEREAS Section 346(2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that the Council of a local municipality may pass bylaws to provide for the payment of taxes by any person into a financial institution to the credit of the treasurer of the municipality and, in that case, the person making the payment shall be entitled to be issued a receipt by the institution for the amount paid; AND WHEREAS pursuant to Section 208.5(6) of the M Kingston By-Law No the municipality may by by-law instead of the special rate for the waste management syste municipality of the City of Kingston; $ and City of owners, a monthly rate est garbage area of the AND WHEREAS the sums required for the 200 hereto; AND WHEREAS the Tax Rate Schedule, for all Schedules B-I and B-2 attached he AND WHEREAS the amount to be rais and the special local municipality levies hereto; NOW THEREFORE th detailed in e general local municipality levies C-I, C-2, and C-3 attached gston enacts as follows: ston has considered the estimates of the I Fire 1 $*&7,395 Residential Garbage + ji 1 888,157,395 3,440,110,964 I 3,437,935, ,157, 1 3,440,110,964 I 3,437,935,280 I 7,766,203,639 1 I 7,766,203,639 Not Applicable $98.00 per 3,437,935,280 4,326,092,675 residential unit 51

25 2. (a) There shall be levied and collected upon the assessable land within the Corporation of the City of Kingston, the sum of $94,304,904 as per the line titled "Taxation General" on Schedule " A attached hereto the estimated Property Tax Levy required during the year 2004 for general municipal purposes. Schedule "Cl" attached hereto details th amount to be raised on the assessment. (b) The sum required to defray expenses of fire protection, the collection, removal and disposal by the corporation of garbage and other ref ed by the levy of special rates upon the whole assessed value of the land, be in addition to other rates for which the same land is and shall be lia les "C2 (Fire) and "C3 (Garbage) details the amount to be raised on the 3. Taxes lev line, Managed Forests, Industrial es for the year 2004 will be billed 4. Iti-residential property classes for the year due and payable on the 30th day of June, 5. a penalty of one and one-quarter percent per month (15% per f each month following default of payment on all rates and taxes of g unpaid after the due date of the said rates and taxes. 6. There shall sed interest of one and one-quarter percent per month (15% per annum) on the first day of each month on all rates and taxes remaining unpaid. 52

26 Appendix 'K 7. The taxes are payable at the following: a) City of Kingston municipal offices: i. ii. 216 Ontario Street, Kingston, Ontario 21 1 Counter Street, Kingston, Ontario b) At any financial institution in the City of Kingston area h the City of Kingston. The treasurer is hereby empowered to accept p charges, if any, added to such taxes against that part of the taxes that has b Section 378 of the Municipal This By-law shall come into fo yment arrangements with o time on account 53

27 GENERAL CITY REVENUE, 2004 BUDGET "Schedule A" TAXATION GENERAL ResidentiaVFarm New Multi-Residential Multi-Residential Commercial Industrial Farmland Industrial Farmland Awaiting Development Managed Forest Pipeline 58,528, ,308 13,156,222 19,105,889 2,989,634 80,823 1,509 2, ,842 I 94,304,904 I FIRE Central West East 9,811,024 4,000,470 1,240,559 I 15,052,054 I GARBAGE Central West East 2,061,826 1,800, I 4,250,8231 SUPPLEMENTARY TAXATION All Purposes I 1,862,001 I TOTAL TAXATION I 1 15,469,782 I OTHER TAXATION RELATED ITEMS Payments in Lieu of Taxes & Exempt Garbage Special Charges Write-offs 14,431, ,000 (1,175,000) TOTAL OTHER TAXATION 13,356,107 TOTAL GENERAL REVENUE^ 128,825,889 54

28 "Schedule B - 1" 2004 TAX RATE SCHEDULE 1 Residential RT Garbage $98 00* Education * Total ] I 2 New Multl Residential NT Garbage $98.00* Education * a) Multi Residential MT Commercial Occupied (100%) CTN, DTN, GTN, STN, CH 1 Garbage $98.00* Education * Total Garbage Education * Total b) Commercial Vacant (70%) CUN, CXN, DUN, SUN Garbage Education * Total a) Industrial Occupied (100%) ITN, LTN, IH Garbage Education * Total b) Industrial Vacant (65%) IUN, IXN, LUN, IK Garbage Education * Farmllndustrial Farmland AD FT. I1 Garbage Education * * Managed Forest TT Pipeline PTN PER RESIDENTIAL UNIT Education rate has been set by Provincial Regulation # O.Reg.l15/04 Garbage Education * I Total Fire Garbage Education * Total

29 "Schedule B PIL TAX RATE SCHEDULE 1 Residential RT 2 New Multi Residential NT 3 Multi Residential MT Fire Garbage $98.00* Education * Total Fire Garbaae $98.00* Education Total Fire Garbage $98.00* Education a) Commercial Occupied (100%) CTN, DTN, GTN, STN, CH 4. b) Commercial Vacant (70%) CUN, CXN, DUN, SUN 5. a) Industrial Occupied (100%) ITN, LTN, IH 5. b) Industrial Vacant (65%) IUN, IXN, LUN, IK 6 Farmllndustrial Farmland AD FT, I1 Garbage Education * Total Garbage Education * Total Garbage Education * Total Garbage Education * Total Garbage Education a 7 Managed Forest TT 8 Pipeline PTN Garbage Education * I Total Fire Garbage Education Total * PER RESIDENTIAL UNIT * Education rate has been set by Provincial Regulation # O.Reg.l15/04

30 Schedule "C-I" r M 0 u) s F 9

31 Schedule "C-2" 58

32 i Schedule "C-3"