GENERAL COMMITTEE
	TO:	Mayor and Members of Council
	FROM:	Alan Brown, Director of Engineering
	PREPARED BY:	same as above
	DATE OF MEETING:	2005-Apr-04
	SUBJECT:	Helen Avenue Area Specific Development Charges

RECOMMENDATION:

That staff be authorized to amend Area Specific Development Charge By-law #2003-182 for Helen Avenue in accordance with the Development Charges Act to reflect the updated construction costs and area to be assessed;

And that Hemson Consulting Ltd. be retained at an upset limit of $7,500 to complete the background study work and that funding be provided from account #48-5399-6278-005, 2004 Development Charges Background Study;

And that an Engineering Consultant be retained at an upset limit of $4,000 to complete the technical aspects of the background study work and that funding be provided from account

#48-5399-6278-005, 2004 Development Charges Background Study;

And that staff be directed to provide the statutory notice of a Public Meeting required under the Development Charges Act, 1997 to consider a revised area specific development charge by-law for Sub-Area 42A South Unionville – Helen Avenue.

And that notice of the Public Meeting be provided in the Markham Economist and Sun; and

And that the Public Meeting be scheduled for May/June 2005.

PURPOSE:

To seek Council approval to amend the Area Specific Development Charges By-law #2003-182 for Helen Avenue to reflect updates to the construction cost and net developable area.

BACKGROUND:

After discussion with property owners on Helen Avenue as to how to finance improvements to Helen Avenue (sanitary, storm, roads, etc) Council on April 9, 2002 authorized staff to proceed with an area specific development charge (ASDC) by-law for the works. On June 10, 2003 after further public consideration By-law No. 2003-182 was passed by Council and was subsequently appealed by Mr. Glen Baron, who has an interest in properties denoted as 251 and 271 Helen Avenue. This by-law was not amended or updated in August of 2004 as it does not expire until June 2008. Mr. Baron in September 2004 also appealed the updated ASDC by-law for the South Unionville Secondary Plan.

DISCUSSION:

Helen Avenue has been ± 50% reconstructed and completion of the outstanding portion is subject to a storm outfall which is scheduled for 2006/2007.

The actual cost of the portions of the project completed to date is higher than the value in the existing ASDC by-law. It is, therefore, important to amend the Helen Avenue ASDC in order to recover the additional costs from future development. In addition the net developable area assessed for the Helen Avenue works should be revised to reflect an updated benefiting area. The value of the capital cost, the net developable area and the revised charge is currently being finalized by staff and will be available for the public meeting. Accordingly staff recommends that Council authorize staff to update the background study, hold a public meeting and consider an amendment to the Development Charges By-law #2003-182 for Helen Avenue.

Mr. Baron’s appeal of By-law #2003-182, along with the other appeals to our August 2004 Development Charge by-laws are currently before the OMB and the next pre-hearing is scheduled for June 3, 2005. Mr. Baron will be given notice of the proposed amendment, as will other affected land owners. Mr Baron will be given the opportunity to respond to amended ASDC at the pending OMB hearings.

FINANCIAL CONSIDERATIONS:

Staff recommends that Hemson Consulting Ltd. be retained to complete the mandatory Background Study at an upset limit of $7,500. Hemson Consulting completed the Town’s August 2004 Background Study and are familiar with all aspects of the work required to amend the Helen Avenue ASDC. In addition staff recommend a consultant be retained to update the project cost estimates at an upset limit of $4,000. Funding can be provided from the balance remaining in account #48-5399-6278-005 “2004 Development Charges Background Study”.

BUSINESS UNITS CONSULTED AND AFFECTED:

The Legal, Finance and Planning Department has reviewed and commented on this report.

ATTACHMENTS:

Attachment ‘A’ – Area Map

Alan Brown, C.E.T. Director of Engineering

Jim Baird, M.C.I.P., R.P.P. Commissioner of Development Services

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