Brockton LOPA #9 1

From: Denise Whaley

Planner for the Municipality of Brockton

County of Bruce Planning & Economic Development Department

To: Planning Advisory Committee

Subject: Community Improvement Plan (CIP) and LOPA #9

I. Recommendation

The Planning and Economic Development Department makes the following

recommendation: That this report regarding the Municipality of Brockton Community

Improvement Plan BE RECEIVED, and That subject to the proceedings of this Public Meeting, LOPA #9 be adopted by passing of the necessary by-law, and

That the designated project area be adopted by by-law.

II. Reasons For and Nature of the Application:

The proposal is to establish a new Community Improvement Plan (CIP) for the downtown area of Walkerton (Historic Walkerton), to designate a redefined project

area of Historic Walkerton and to amend the Walkerton Community Official Plan accordingly.

The purpose of a CIP is to target an area within a municipality for strategic improvement because of “age, dilapidation, overcrowding, faulty arrangement,

unsuitability of buildings or for any other environmental, social or community economic development reason” (s. 28 of the Planning Act). Downtown areas are

commonly included in CIP areas because they are important to the ongoing vitality of our communities and their land base provides an important contribution to the assessment base of the Municipality. A CIP adopted by Council is also required in

order for Walkerton downtown to leverage the additional funding through the Bruce County Spruce the Bruce program.

III. Summary of Application:

This proposal is to consider a new Community Improvement Plan (CIP) and revised

project area. The project area is shown in the appendices to this report. Other minor revisions have been made the draft CIP which are shown in red.

Municipality of Brockton

Planning Report

Application: Historic Walkerton CIP File No: LOPA #9 Date: June 23, 2014

Brockton LOPA #9 2

The CIP document establishes how and what tools will be used to improve the project area. The CIP will enable the Municipality to provide local incentives such as

grants, loans and Tax Increment Equivalent Grants (TIEG) and also provide the opportunity for the downtown to take part in the County’s Spruce the Bruce

program. Part IV of the Planning Act sets out the framework for Community Improvement

Plans and projects. As Council is aware, municipalities are not permitted to directly or indirectly provide financial incentives to businesses (also known as “bonusing”).

However, under the authority of the Section 28 of the Planning Act and 365.1 of the Municipal Act, the adoption of a CIP allows municipalities to create certain types of incentives such as grants, loans and property tax cancellations as part of the CIP

program.

Approval of this CIP requires the by passing of three by-laws. The first is to amend the Official Plan to redefine the Historic Walkerton Area. The second is to designate the project area as shown in Appendix A-1 (Historic Walkerton). A third by-law is to

adopt the CIP document.

As part of adopting a CIP, Council must, hold at least one public meeting to consult with the community and consult with the appropriate agencies, including the Ministry

of Municipal Affairs and Housing. To meet this obligation, notices were published the Walkerton Herald Time, the Hanover Post and the Cargill newspapers (Week of May 26). A copy of the draft CIP with schedules was available to view in the Brockton and

County offices and also available at the Walkerton branch of the Bruce County Library.

Copies of materials, documents and agency comments are available online at the Bruce County Website (direct link). Or by using the Quick Links tool and choosing

Planning Applications and the Brockton button and file link.

IV. Official Plan Policies

The Walkerton Community Official Plan already contained the necessary policies to permit the adoption of a CIP as required by Section 28 of the Planning Act. However,

a minor text amendment is required to permit the revision of the Historic Walkerton project area. The text amendment is attached to this report.

V. Matters Arising from Agency Circulation

Comments were received from Historic Metis, Saugeen Valley Conservation Authority

which had no objection to the proposal. SVCA note that permits may be required for work in the regulated areas. County Highways and Brockton staff comments received

also were of no objection. These comments are available on the Bruce County Website as noted in the Summary of this report.

Comments were not received from Ministry of Municipal Affairs and Housing (MMAH) by the time of this report.

Brockton LOPA #9 3

VI. Matters Arising from Public Circulation

As stated in Section III, the CIP was circulated to local newspapers. At the time of

this report no comments were received from the public.

VII. Conclusions

The CIP is a useful tool for municipalities to use for community revitalization. The purpose of this CIP is to allow for downtown revitalization through strategic planning

and financial incentives. It will also provide Walkerton the ability to access the Spruce the Bruce Program.

Respectfully submitted,

Denise Whaley, M.Sc.

Planner – Municipality of Brockton County of Bruce, Planning & Economic Development

Brockton LOPA #9 4

Appendix ‘A’

The Corporation of the Municipality of Brockton By-law 2014-xx

Being a by-law Adopt Amendment No. 9

to the Walkerton Community Official Plan The Council of the Municipality of Brockton, Pursuant to Section 17 of the Planning

Act, R.S.O. 1990 Enacts as follows:

1. That Amendment No. 8 to the Walkerton Community Official Plan, a copy which is attached to and forms part of this By-law is hereby adopted.

2. That the Clerk is hereby directed to forward the adopted amendment together

with the necessary support documentation to the County of Bruce for final approval.

3. That this by-law shall come into force and take effect pursuant to the provisions and regulations of the Planning Act, R.S.O. 1990, c.P.13.

Read, Enacted, Signed and Sealed, this 23th day of June, 2013.

_____________________________ ____________________________ David Inglis, Mayor Deb Roth, Clerk

Brockton LOPA #9 5

Part B – The Amendment

Introductory Statement

All of this part of the document entitled “Part B – the Amendment” and consisting of the following text and attached map designated as Schedule ‘a’ constitutes the

Amendment No. 9 to the Walkerton Community Official Plan.

Details of the Amendment

The Walkerton Community Official Plan Section 4.3.4 is hereby amended as follows:

i) Deleting the following (a) in its entirety:

a) This Plan establishes the Historic Walkerton downtown as a Community Improvement Area.

And replacing with the following:

a) This Plan establishes the Historic Walkerton designation, Environmental Protection designation (from Catherine street North to the Saugeen River)

and Institutional Facilities designation (bounded by Cayley Street, Colborne Street South, Jane Street and Jackson Street South) as a Community

Improvement Area, as shown more precisely on Schedule ‘A’ attached hereto.

Brockton LOPA #9 6

Brockton LOPA #9 7

Appendix ‘B’

The Corporation of the Municipality of Brockton By-law 2014-xx

Being a by-law to designate a Community Improvement Project Area

for the Municipality of Brockton The Council of the Municipality of Brockton pursuant to Section 28 of the Planning

Act, R.S.O 1990 enacts as follows:

Whereas Section 28(2) of the Planning Act, R.S.O. 1990, authorizes the Council of a local municipality to designate by By-law the whole or any part of an area covered by an official plan as a community improvement project area;

And Whereas the said Community Improvement Project Areas conform to Official

Plan of the Municipality of Brockton

Now Therefore the Municipal Council of the Corporation of the Municipality of Brockton, pursuant to Section 28 (2) of the Planning Act, R.S.O. 1990, enacts as follows:

1. That the Municipality of Brockton Community Improvement Project Area,

attached to as Schedule 'A-1' and forming part of this By-law, is hereby adopted.

2. And that this By-law shall take effect with final passing and comes into force and effect pursuant to the provisions of the Planning Act, R.S.O.

1990, as amended.

3. This By-Law may be cited as the "Designate a Community Improvement

Project Area for the Municipality of Brockton By-Law".

Read a First and Second time this __ day of ___, 2014. Read a Third time and finally passed this _____ day of ____________, 2014.

______________________________ ____________________________ David Inglis, Mayor Deb Roth, Clerk

Brockton LOPA #9 8

Appendix ‘C’ The Corporation of the Municipality of Brockton

By-law 2014-xx

Being a by-law to adopt a Community Improvement Plan

for the Historic Walkerton area of the Municipality of Brockton The Council of the Municipality of Brockton pursuant to Section 28 of the Planning

Act, R.S.O 1990 enacts as follows:

Whereas Section 28(2) of the Planning Act, R.S.O. 1990, authorizes the Council of a local municipality to designate by By-law the whole or any part of an area covered by an official plan as a community improvement project area;

And Whereas by By-law No. 2014-xx passed on _____ ___, 2014 the Council of the

Corporation of the Municipality of Brockton designated Community Improvement Project Areas in the Municipality;

And Whereas Section 28(4) of the Planning Act, R.S.O. 1990, authorizes the Council of a local municipality to adopt a community improvement plan for a

community improvement project area; And Whereas the said Community Improvement Project Areas conform to Official

Plan of the Municipality of Brockton;

Now Therefore the Municipal Council of the Corporation of the Municipality of Brockton, pursuant to Section 28 (2) of the Planning Act, R.S.O. 1990, enacts as follows:

1. That the Community Improvement Plan for the Municipality of Brockton Historic

Walkerton Project Areas, contained in Schedule 'A' to this By-law, a copy of which is attached to and forms part of this By-law, is hereby adopted.

2. That this By-law shall take effect with final passing and comes into force and effect pursuant to the provisions of the Planning Act, R.S.O. 1990, as

amended. 3. That this By-law may be cited as the "Municipality of Brockton Community

Improvement Plan By-law".

Read a First and Second time this __ day of ___, 2014.

Read a Third time and finally passed this _____ day of ____________, 2014.

______________________________ ____________________________ David Inglis, Mayor Deb Roth, Clerk

Historic Walkerton

Community Improvement Plan

Municipality of Brockton

Revised June 17, 2014

1. Introduction

Council of the Corporation of the Municipality of Brockton has expressed a

desire to establish a Community Improvement Plan for the downtown historic

urban area of Walkerton.

2. Purpose (general)

A CIP describes what a municipality intends to do to address various issues in a certain defined area, known as a Community Improvement Plan project area.

Through CIPs municipalities can:

i. Focus public attention on local priorities and municipal initiatives; ii. Target areas in transition or in need of repair, rehabilitation and

redevelopment; iii. Facilitate and encourage community change in a co-ordinated manner;

and

iv. Stimulate private sector investment through municipal incentive-based programs.

3. Legislation

I. Ontario Planning Act

Section 28 of Ontario's Planning Act allows municipalities to prepare CIPs, to

establish a framework for municipalities to support and implement programs to

encourage development and redevelopment, in accordance with Official Plan

policies. Whether the reasons are physical, social, economic, or environmental,

a community improvement approach is a flexible, comprehensive, co-ordinated and strategic framework for dealing with lands and buildings. For the purposes

of carrying out a CIP, a municipality may engage in the following activities

within the CIP project area:

a) Acquire, hold, clear, grade or otherwise prepare land for community

improvement (28(3));

b) Construct, repair, rehabilitate or improve buildings on land acquired or held by it in the CIP project area in conformity with the CIP (28(6));

Historic Walkerton_CIP_2

c) Sell, lease, or otherwise dispose of any land and buildings acquired or held

by it in the CIP project area in conformity with the CIP (28(6)); and,

d) Make grants or loans to registered owners, assessed owners and tenants

of lands and buildings within the CIP project area, and to any person to

whom such an owner or tenant has assigned the right to receive a grant

or loan, to pay for the whole or any part of the cost of rehabilitating such

lands and buildings in conformity with the CIP (28(7)).

II. Provincial Policy Statement (2005)

CIPs help to achieve the PPS objectives of healthy communities, a clean and

safe environment and a strong economy. Community improvement is

supported through PPS policies for:

a) Building strong communities

b) Promoting efficient development and a mix of land uses

c) Ensuring that necessary infrastructure and public service facilities are

available

d) Improving accessibility

e) Conserving heritage resources

f) Supporting green design

g) Encouraging residential intensification

III. County of Bruce Official Plan (2010)

Local Official Plans for Primary Urban Communities shall contain general

development and land use policies dealing with community improvement. It is

the policy of County Council to encourage each local municipality to prepare a CIP where appropriate.

IV. Walkerton Community Local Official Plan (2009)

The Local Official Plan policies under Section 4.3 qualify the municipality to

prepare and implement CIPs, and other mechanisms that are governed by

Section 28. The Historic Walkerton CIP will establish a number of programs to

implement the goals and objectives of the proposed official plan community improvement policies.

V. Ontario Municipal Act

Section 365.1 allows municipalities to pass by-laws to provide tax assistance to

eligible properties, in the form of a deferral or cancellation of part or all of the

Historic Walkerton_CIP_3

taxes levied on that property for municipal and education purposes during the

rehabilitation period, and the development period of the property, both as defined in Section 365.1 (1) of the Municipal Act, 2001.

Section 365.1 of the Municipal Act, 2001 operates within the framework of

Section 28 of the Planning Act. A municipality with an approved Community

Improvement Plan in place that contains provisions specifying tax assistance will

be permitted to provide said tax assistance for municipal purposes.

4. Process:

The following are the foundation for the Historic Walkerton CIP:

Walkerton Research Study (Preliminary 2013) Municipality of Brockton’s Sustainable Strategic Plan (2013)

Municipality of Brockton Comprehensive Zoning By-law (2013)

Municipality of Brockton Recreation and Leisure Services Master Plan (2011)

Saugeen Riverside Feasibility Probe Walkerton Community (2003)

Former Walkerton Jail site

Over the years, the Municipality has been actively supporting revitalization efforts in the Historic Walkerton urban core.

5. Purpose (specific):

The Historic Walkerton CIP establishes a framework for the Municipality to support and implement a series of programs over a 10-year period, to

encourage the maintenance, rehabilitation and revitalization of public and private spaces, and to provide financial incentives to achieve these objectives.

6. CIP Project Area:

According to Section 28(1) of the Planning Act, a “community improvement

project area” is defined as “a municipality or an area within a municipality, the

community improvement of which in the opinion of the council is desirable because of age, dilapidation, overcrowding, faulty arrangement, unsuitability of

buildings or for any other environmental, social or community economic

development reason”. Project areas range from specific properties, to streets,

neighbourhoods and entire communities, while program coverage can span a wide spectrum of municipal goals and objectives including the programs noted

in Section 8 of this CIP.

The municipality shall designate the CIP project area by By-law. The programs authorized in this CIP may be carried out within the CIP project area as

identified on Schedule ‘A’ to the Plan.

Historic Walkerton_CIP_4

7. Goal:

Section 4.3.1 of the Walkerton Community Official Plan outlines the following

Community Improvement Goal:

Improve community facilities and infrastructure to address social,

environmental and economic priorities and needs of the community.

8. Actions:

Section 4.3.2 of the Walkerton Community Official Plan outlines the following

Community Improvement Actions:

a) Maintain or improve municipal services, public utilities and social and recreational facilities.

b) Identify and prioritize public works projects and funding programs which assist in stimulating economic activity in the Community.

c) Coordinate public projects and expenditures to optimize their benefit to the community.

d) Promote community improvements which address existing environmental concerns or sustainability goals.

e) Maintain community standards for the maintenance of private property.

f) Promote the redevelopment of vacant or underutilized properties and

buildings and improve conditions in older, residential neighbourhoods.

g) Improve the property and business tax base by encouraging economic

expansion and new development by both the private and public sectors.

h) Encourage investment and improvement in the maintenance and

rehabilitation of existing commercial, industrial, institutional and

residential buildings and structures.

i) Promote revitalization for Historic Walkerton.

j) Improve parking facilities in Historic Walkerton.

k) Improve stormwater management and treatment in the Municipality.

9. Programs:

The following Programs are authorized under the CIP:

Historic Walkerton_CIP_5

a) Commercial Building Façade Improvement Program

To cover a portion of the project costs for exterior improvements to the street-

facing facade of existing buildings in the Historic Walkerton CIP project

areas. Improvements eligible for funding include:

Redesign, renovate or restore commercial building facades facing the

public right-of-way Design consultant fees (up to a maximum of 15% of approved grant)

Cleaning, painting, sandblasting and/or cladding of buildings

Façade signage upgrades/replacement

Facade illumination for signage Perpendicular signage

Brick and masonry repair and/or cleaning

Awnings, shutters, trim Flower boxes and other accessories Replacement of windows and doors only on the main floor and only when

the total project value is a minimum of $10,000 Repair or installation of new architectural details

Other improvements that include commercial building façade improvements that fit the overall objectives of any applicable guidelines

Improvements not eligible for funding:

Projects that have commenced prior to approval of the project

Façade improvements that don’t face the public right-of-way Stucco over original brick treatments

Landscaping Roof repairs and/or replacement

New buildings or additions Interior improvements Replacement of windows and doors on second stories

Replacement of windows and doors when the total value of the project is

less than $10,000

b) Commercial Building Sign Improvement Program

To cover a portion of the project costs for perpendicular storefront sign and

awning improvements on existing buildings in the Historic Walkerton CIP project areas. Perpendicular storefront signs are to be in keeping with the architectural

character of a commercial storefront façade, are to enhance in accordance with

any applicable guidelines and are not to detract from the building or any stated

design direction. Back lit illumination signage are not eligible for funding.

Awnings and replacement awnings are permitted provided the colour and letter

of the awning is in keeping with the architectural character of the commercial storefront façade and any applicable guidelines.

Historic Walkerton_CIP_6

c) Building Restoration and Accessibility Enhancements

To cover a portion of project costs to upgrade existing buildings and bring them into compliance with Ontario Building Code standards where applicable; to

rehabilitate existing apartments or build new apartments that enhance housing

options; to make energy efficiency improvements to buildings; and, for

accessibility enhancements to buildings in accordance with applicable Provincial

accessibility requirements.

d) Community Energy Efficiency

To promote:

Construction of new green buildings that meet LEED (Leadership in

Energy and Environmental Design) certification standards; Retrofit of existing buildings for energy efficiency (i.e. replacement

of doors, windows, insulation, heating, etc.); and, Alternative energy generating sources (i.e. rooftop solar panels).

e) Streetscape Beautification, Signage & Landscaping Improvements

For improvements related to the streetscape including but not limited to the

replacing/adding of light standards, street furniture (benches, banners, planters, garbage/recycling receptacles), sidewalk and lane treatments, parking, and

signage.

f) Public Space, Parks and Recreation Works

For major capital projects geared to enhance, preserve and derive more economic benefits from public spaces within the CIP project area.

Programs a) through d) are designed to stimulate private sector investment through municipal incentive-based programs. Programs e) and f) are municipally-driven programs.

10. Program Guideline Framework:

The CIP Program(s) development shall be based on the following framework:

1. Introduction / Overview

1.1. Program objective and details 2. Program Funding

2.1. Overview of Municipal funding

3. Eligibility and Program Area

3.1. Eligibility Criteria (see below)

3.2. Financial Incentive (see below)

3.3. Applicant responsibilities 3.4. Considerations (compliance with guidelines)

Historic Walkerton_CIP_7

3.5. Program Location (map)

4. Program Administration 4.1. Application process (submission deadlines and other requirements,

timelines, number of grants per year, etc.)

4.2. Administration (review criteria, evaluation, approval, agreements,

inspections, completion)

4.3. Improvements eligible for funding (i.e. signage, illumination,

awnings, painting, cladding, etc.)

11. Eligibility Criteria

a) Applications must be complete.

b) Any application under the above-noted programs must be consistent with

the Official Plan, Community Improvement Plan and any other design guidelines that may be implemented for the Historic Walkerton CIP Project

Area. Priority will be given to those applications which most closely meet

the Program Guidelines that will be developed within the Framework as outlined in this Plan.

c) Priority for commercial properties within the designated CIP Project Area

will be given for the following programs: I. Commercial Building Façade Improvement Program

II. Commercial Building Sign Improvement Program III. Infrastructure Works/Building Restoration and Accessibility

Enhancements IV. Community Energy Efficiency

d) Any applicant to a CIP Program must be the registered owner of the

property or an authorized agent. If a tenant wishes to apply, a letter from the building owner approving the work to be done is required.

e) Eligible project costs must be actual cash outlay to third parties acting at

arm’s length and which can be documented through original invoices or

proofs of payment. Applicants will provide a minimum cash contribution to

the project as outlined under Section 12 Financial Incentive depending on the type of Incentive that is implemented.

f) The total of the financial incentive (grants, loans and tax assistance) shall

not exceed the cost of improvements made to any buildings or lands.

g) Projects must be completed and invoices paid within a maximum of one

year of the applicable Program or the date of agreement, whichever comes first.

Historic Walkerton_CIP_8

h) Financial Incentives are not permitted to be retroactive, and only projects

commencing following the approval of the project funding will be considered.

i) Applicants must not be in default of any municipal taxes or local

improvement charges.

j) Applicants must comply with all provincial and local laws and regulations

pertaining to licensing, permits, building code and zoning requirements. The Applicant is responsible for obtaining all building and other required

permits and must be in conformance with all applicable health and safety

standards.

k) A property is eligible for only one grant per program per year.

l) Local materials/contractors being used to complete the project are preferred.

m) The Owner/Applicant shall enter into an agreement with the Municipality stipulating at a minimum:

I. Terms of the financial agreement;

II. Timetable for provision of agreement and completion of the project;

III. An undertaking by the owner to satisfy all municipal and other relevant laws and requirements for the project.

12. Financial Incentive:

Implementation of the financial incentives contained in the CIP is at the sole discretion of Council and is dependent on the availability of municipal funding.

Where applicable, financial incentive can be provided to the various CIP programs

in the following ways:

a) Grant Program

Where a project satisfies the relevant municipal guidelines, a grant to

cover up to 50% of the eligible costs of the improvement to a maximum

of $10,000 may be available on approved applications. Eligible costs may include professional design fees, material, labour and taxes necessary to

complete the eligible work. In the event a project involves a second

improvement, a grant of up to 50% of the eligible cost to a maximum of

$15,000 may be approved.

The grant would be payable after the applicant executes a Commitment

Agreement with the municipality, construction is complete and has been inspected by the appropriate approval authority, and upon presentation of

proof of accounts paid for the completed project. A maximum of one year

Historic Walkerton_CIP_9

is allowed for completion. The Agreement would specify eligible works

and require no changes to work on the improvement for five years without municipal approval.

b) Loan Financial Incentive

Where a proposed project satisfies the relevant municipal guidelines, an

interest-free loan to cover up to [33%] of the eligible cost of the

improvement to a maximum of [$10,000] may be available on approved

applications. Eligible costs may include professional design fees, material, labour and taxes necessary to complete the eligible work. In the event a

project involves a second improvement, a grant of up to [50%] of the

eligible cost to a maximum of [$15,000] may be approved.

The loan would be payable after the applicant executes a Commitment

Agreement with the municipality, construction is complete and has been

inspected by the appropriate approval authority, and upon presentation of proof of accounts paid for the completed project. A maximum of one year

is allowed for completion. The Agreement would specify eligible works and require no changes to work on the improvement for five years without

municipal approval. The Agreement will stipulate the repayment schedule.

c) Tax Increment Equivalent Grant (TIEG) Program Financial

Incentive

Where a proposed project satisfies the relevant municipal guidelines for

building improvements, a TIEG may be available on approved

applications. The TIEG program provides tax assistance equal to all or a portion of the municipal property tax increase (increment) following the completion of a project owned by a private land owner that has resulted in

an increase in the assessed property value. In year one of the program,

the grant to the property owner is equal to 100% of the tax increment. Thereafter, the grant decreases by 10% per year (i.e. year two = 90%,

year three = 80%, and so on up to year five).

13. General:

a) Timeframe

The CIP shall remain in effect for ten (10) years following its adoption by

Council.

b) Amendments

Amendments to the CIP would not normally be required if a municipality is discontinuing or cancelling a program; or, if funding to a program is

decreased. Decisions respecting funding allocations to CIP programs are

Historic Walkerton_CIP_10

typically part of the annual Council budget process. However,

amendments to the CIP may be required for a change or expansion in the geographic area to which financial or land programs outlined in a CIP

apply; or, a change in the eligibility criteria (i.e. addition of new municipal

assistance programs involving grants, loans, tax assistance or land; or, an

increase to a financial incentive to be offered within a municipal CIP

program). Such amendments require pre-consultation with the Ministry of

Municipal Affairs and Housing in order to assess additional liability which may be incurred by the Municipality.

c) Participation

In order to carry out the Community Improvement Goals and Actions of this Plan, the Municipality may participate and coordinate grants or loans

with other levels of government pursuant to Section 28(7.2) of the

Planning Act, R.S.O. 1990 for the purpose of carrying out a community improvement plan.

14. Implementation:

The municipality may prepare a ten-year implementation plan to address matters

related to the timing of construction of improvements, promotion of the policies and programs, and staging and monitoring of CIP programs.

15. Monitoring:

Program monitoring shall occur on an annual basis to determine all of the following:

a) Established targets from program uptake are being met b) Desired outcomes for the downtown are being achieved

c) Program participants are completing their commitments d) Overall benefits of the program.