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Public Notice - Adoption of a Community Improvement Plan Amendment by the Corporation of the City of Kingston

March 13, 2013 -

TAKE NOTICE that the Council of The Corporation of the City of Kingston passed By-Law No. 2013-63, A BY-LAW TO AMEND BY-LAW NO. 2005-40 "A BY-LAW TO DESIGNATE BROWNFIELDS PROJECT AREAS 1A & 1B AS COMMUNITY IMPROVEMENT PROJECT AREAS", and By-Law No. 2013-64, A BY-LAW TO AMEND BY-LAW NO. 2005-41 "A BY-LAW TO ADOPT THE COMMUNITY IMPROVEMENT PLAN FOR BROWNFIELDS PROJECT AREAS 1A & 1B", on the 5th day of March, 2013 under Subsection 28(5) of the Planning Act.

PURPOSE & EFFECT OF THE BY-LAWS: To include additional properties in the Brownfields Community Improvement Project Areas; to update the CIP to reflect current policies; to amend the Initial Study Grant component of the Brownfields Program; to extend the Brownfields Program to 2025; and, to make minor administrative changes to the CIP.

The City of Kingston's Community Improvement Plan (CIP) for Brownfields Project Areas 1A & 1B provides tax assistance and grants to eligible properties located within designated Community Improvement Project Areas, in order to assist with the rehabilitation and redevelopment of brownfield sites.

The City of Kingston prepared the amendment to the Community Improvement Plan (CIP) for Brownfields Project Areas 1A & 1B, in accordance with the provisions of Section 28 of the Planning Act, for the purpose of facilitating changes to the City's Brownfields Program and updating the CIP document. The changes to the document are summarized as follows:

  1. Boundary changes to enlarge Community Improvement Project Area 1A (refer to Expansion Areas ‘A' to ‘D' in the attached key maps);
  2. The addition of a new Community Improvement Project Area 1C to permit properties within the Williamsville Main Street Area (Princess Street from Division Street to Bath Road / Concession Street) to participate in the Brownfields Program (refer to the attached key map);
  3. Text changes to the CIP, particularly Sections 2.0 and 3.0, to reflect current policies, including the City's new Official Plan, and to update the demographic data and land use information for the expanded Project Areas;
  4. Changes to the Initial Study Grant component of the Brownfields Program to increase the amount of the grant from $10,000 to $20,000, and decrease the number of grants offered per year from five to three;
  5. An extension of the Brownfields Program to 2025, as it is currently scheduled to end in 2015; and,
  6. Administrative changes to the CIP, including: additional definitions for clarification; updates to the departmental names and staff titles; and, additional wording that clarifies that the term "grant" in the CIP requires the proponent to pay all fees and taxes up front before the grants are issued.

Key Map: Four key maps are provided with this notice that show where the area-specific mapping changes are located.

AND TAKE NOTICE that By-Law No. 2013-63 and By-Law No. 2013-64, and information respecting said By-Laws and the proposed amendment to the Community Improvement Plan, are available in the Planning and Development Department, 1211 John Counter Blvd., Kingston, Ontario, during regular office hours (8:30 a.m. to 4:30 p.m.) or by calling Sonya Bolton, Senior Policy Planner, at 613-546-4291, Ext. 3237.

AND TAKE NOTICE that any person or agency may appeal to the Ontario Municipal Board in respect of the By-Law(s) by filing with the Clerk of The Corporation of the City of Kingston, 216 Ontario St., Kingston, Ontario, K7L 2Z3, not later than 4:30 p.m. on the 2nd day of April, 2013, a Notice of Appeal setting out the objection to the By-Law(s), the specific part of the proposed Community Improvement Plan Amendment to which the appeal applies, and the reasons in support of the objection. Any appeal submitted to the City of Kingston for referral to the Ontario Municipal Board must be accompanied by a fee payment in the amount of $125.00 payable to the Minister of Finance.

AND TAKE NOTICE that the proposed Community Improvement Plan Amendment is exempt from approval by the Minister of Municipal Affairs and Housing and the decision of Council is final if a Notice of Appeal is not received before or on the last day for filing a Notice of Appeal.

Only individuals, corporations or public bodies may appeal a decision of the approval authority to the Ontario Municipal Board. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf.

No person or public body shall be added as a party to the hearing of the appeal unless, before the plan was adopted, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Ontario Municipal Board, there are reasonable grounds to add the person or public body as a party.

The following properties are located in the proposed Community Improvement Project Areas and are currently the subject of other Planning Act applications: 326 Bagot St., 771 Division St., 50 Hickson Ave., 645 John Counter Blvd., 646 John Counter Blvd., 33 Joseph St., 540 Montreal St., 881 Montreal St., 887 Montreal St., 891 Montreal St., 450 Princess St., 571-574 Princess St. & 464 Frontenac St., 630 Princess St., 652 Princess St., 653-663 Princess St. & 582-604 Victoria St., 39 Russell St., 346 University Ave., 280-282 Wellington St., and 349 Wellington St.

NOTE: THE LAST DAY FOR FILING OBJECTIONS WILL BE TUESDAY, APRIL 2, 2013. The Objection Must Be Received No Later Than 4:30 p.m. on This Date In
Order To Be Valid.

DATED at the City of Kingston
this 13th day of March, 2013

John Bolognone, City Clerk
City of Kingston

Notice By-law

Council on January 8, 2013 approved a Public Notice Policy.  Please refer to the following Policy for information regarding notice provisions, under the Municipal Act.