Loading...
HomeMy WebLinkAboutTR-62-99 CORPORATION OF THE MUNCIPALlTY OF CLARINGTON C -&,-15-Cj/ 'tr.l , ~ I I " I I REPORT #2 REPORT Meeting: Council Date: October 25. 1999 Report #: TR-62-99 Subject: Development Charge Steering Committee - Status Report Recommendations: It is respectfully recommended to Council the following: 1. THAT Report TR-62-99 be received; 2. THAT Craig Binning, formerly of Hemson Consulting Ltd, be requested to continue to act as consultant to the Municipality of Clarington, to complete the extended review of the Development Charges; 3. THAT Council confirm the existing "person per unit" rates used in the calculations for the Development Charge Background Study - Final Report - July 1999 will not be amended to reflect a rate specific to the Wilmot Ridge Pine Park development; 4. THAT Wilmot Creek Ridge Pine Park Inc. and Craig Binning, be advised of Council's decisions. Background: 1. Development Charges Report Admin.25.99 1.1 The Development Charges were revised in accordance with Bill 98, and adopted through resolution #C513-99, which approved Addendum to Report Admin-25-99. 2.0 Hemson Consulting 2.1 This report recommended that further analysis be conducted, with the assistance of Hemson Consulting Ltd. The Hemson consultant who developed the Background Study for the Municipality of Clarington was Mr. Craig Binning. Mr. Binning has now branched out on his own, and it is recommended that he continue to be the lead consultant to perform the extended review. Mr. Binning is familiar with every detail of the , I TR-62-99 Page 2 comprehensive report, and Staff suggest that to change consultants at this stage, is not in the best interest of the Municipality. 2.2 Mr. Binning has discussed the transfer with Hemson Consulting Ltd., who has agreed that this is acceptable. Hemson has also committed to Mr. Binning that their firm will be available to sub-contract as required, and to appear at the anticipated OMB hearing to address the appeal to the By- law by Ridge Pine Park Inc., Wilmot Creek. 3.0 Extended Financial Review 3.1 The Development Charge Steering-Committee, which is made up of Department Heads and Senior Managerial Staff, was mandated through Admin-25-99, to conduct the extended financial review with the consultant. This analysis was to include verification and/or analysis of the following: . The Tax impact resulting from the capital projects and the operating implications of the 1 a-year capital plan included in the Background Study. . The reasonableness of the forecasted population, household, commercial, business, and industrial growth. . The letters dated July 15 (Attachment # 1) and August 6, 1999 (Attachment #2) from, Ridge Pine Park Inc., developer of the Wilmot Creek Adult Community, requesting consideration of the reduction in the per person value applied to adult lifestyle community units. 4.0 Status of Extended Review 4.1 The Sub-Committee met with the Consultant and reviewed the appeal by Ridge Pine Park Inc. in order to make a recommendation to Council prior to an OMB hearing of the issue. 4.2 The Sub-Committee recommends that the person per unit rate not be adjusted in light of the following: . Building permits are the basis for collecting development charges, and they are issued related to building type, therefore it is inappropriate to set the charge based on occupancy. . Wilmot Creek is merely a collection of a type of unit that can be found throughout the Municipality. . The demand for this type of unit, on a Municipal wide basis has been taken into account in the demographic projections used in the Background Study; therefore the calculations reflect the Wilmot Creek growth in general. The Municipality can not enforce occupancy, only building types. . The effect of this request would be to lessen the development charge applied to these types of units, and effectively spread the uncollected , \ . TR-62-99 Paae 3 revenue, over the balance of the residential units that are subject to the charge. · Application of a reduced charge to a specific area is contrary to the general averaging principle which is supported by the Development Charge legislation. · The Municipality collects development charges on an area wide basis, not an area specific basis, and application to this development area, would contravene this principle. . The change would set precedence and thereby have to be applied to any similar type development, which would affect the revenue, estimated in the study. · There would be a very difficult problem of defining what constitutes senior's accommodation, and determining who meets the specific criteria without attempting to regulate occupancy which is not permitted legally. . The question is raised of faimess to other seniors outside the specific area who are required pay the area wide charge. 4.3 The Ridge Pine Park Inc. letter of July 151999 references other municipalities that have created a separate and distinct charge for seniors' developments. Hemson Consulting has worked on the development charges for those municipalities and advises that the decision behind the introduction of the charge was heavily political in nature. It also brought with it the serious problem of how to define a seniors development and in determining who meets the criteria of a senior, given that legally regulation of occupancy is prohibited. 4.4 The letter also references By-law 97-223, an amendment to the zoning by-law for Phase 6 of the Wilmot Creek Development. The by-law provides for a persons per unit rate for various potential dwelling types including semi-detached, link townhouse and apartment dwelling units and for retirement homes and nursing homes. Ridge Pine Park states that the by-law "allocates a maximum number of persons per unit to various house types.>> The by-law clearly states that the persons per unit factors are only ''for the purposes of establishing density... ". Given that there are a variety of potential scenarios in the mixture of various dwelling units and nursing home beds, the by-law provided a mechanism for interpreting the limitations identified in the Official Plan of 960 dwelling units and 1600 persons. There is no intent on regulating occupancy since the zoning by-law cannot be used for this purpose. It should also be noted that this zoning only applies to the Phase 6 portion of the Wilmot Creek site. The previous phases did not include a variety of house types. . TR-62-99 Page 4 Conclusion This report has been reviewed by Mr. D. Hefferon, Solicitor, who concurs with the recommendations. Staff will report back to Council early in 2000 with the conclusions related to the balance of the outstanding items affecting the development charges. submitted, Reviewed by. o r~~~~ Marie Marano H.BSc..AMCT T reasu rer Franklin Wu. M.C.I.P..R.P.P. Chief Administrative Officer Attachments: ~~T CREEK 'gt:: ~l -'t~'~ {~. ~";,) :1gs'l (~. ~:;l ~ 1?L~ ',' " , ',;, ~ The Mule lLlkeside CiJmmunity. ATTACHMENT /11 15 July 1999 Madame Mayor & Members of Council THE MUNICIPALITY OF CLARINGTON 40 Temperance Street Bowmanville, Ontario LlA 3A6 Re: Development Charges Dear Madame Mayor & Members of Council: We are the owners and developers of Wilmot Creek, a retirement lifestyle community located in Clarington on the shores of Lake Ontario. We have been building and selling homes at Wilmot Creek for 15 years and are aware that the Municipality of Clarington is preparing a new Development Charges By- law, We take this opportunity to comment on the proposed development charges by-law as it applies to our style of community. We recommend that a separate category of development charge be created for non- institutional independent sen iors accommodation. There needs to be a separate category of development charges that would apply to homes for seniors or retirees in communities like Wilmot Creek. The Municipality ofClarington has passed By-law 97-223 which affects some of the lands making up Wilmot Creek. This By-law amends By-law 96-168 and allocates a maximum number of persons per unit to various house types, (The persons per unit arrived at in the by-law were arrived at in part by examining the actual experience at Wilmot Creek,) The following table compares the persons per unit per house type in the Hemson study to those stated in By-law 97-223. Type of Dwelling By-law Hemson Persons Per Unit Persons Per Unit Mobile Home/Single Detached 1.7 3.35 Dwelling ( Semi-Detached & Link 1.7 2.9 Townhouses Apartment: :! Bdrrnl! Bdrrn 1.4 2.0 1 Wheelhouse Drive, Unir #1 Newcastle, Ontario Ll B lB9 Torc'nto Direct (416) 369.0000 Sales (905) 697-5806 Administration (905) 697-5805 . .' . ATTACHMENT III ( - 2- Table 9 of the Develooment Charees Backeround Studv of May 1999 produced by Hemson Consulting LId calculates the unit type development charge on the number of persons in the housing unit. This zoning by-law clearly states the number of persons per unit for each type of dwelling and is considerably less than that for a typical subdivision. The average number of persons per unit at Wilmot Creek is approximately half the number that are in a typical subdivision. Furthermore, parks, community centres, pools, libraries and other recreation facilities, as well as other services, are provided privately within Wilmot Creek. The development charge applicable to homes catering to retirees or seniors in our style of planned community should be calculated on a pro-rata basis, based on the number of persons per dwelling unit. For example, as per the table above, the charge would be 51% of the single, detached levy. Such a series of separate charges are justified for a lifestyle community like Wilmot Creek. In the future, should Wilmot Creek expand beyond the 860 homes already approved, or if we or others develop a similar community elsewhere in the Municipality of Clarington, such separate reduced development charges would be very important. Other municipalities have created a separate class of development charge for communities like Wilmot Creek. The Municipality of Clarington has the advantage of experience and knowledge gleaned first hand by having a community like Wilmot Creek within its boundaries. As a leader and example for other municipalities, the Municipality of Clarington should address the issue raised here and create this separate category of development charges. We request to meet with you or staff with respect to this matter and to be advised of all meetings pertaining to this Development Charge By-law. We also request that you provide us with written advice of the passing of this Development Charges By-law. Yours truly, RIDGE PINE PARK INC c1l{U'--,-; Ca~ta&x1- David W. Rice r' DWR:fc F:IWILMonTo",nCl..L';'llgwnwpd copy: Patti Barrie, Town Clerk - Municipality ofClarington Robert G. Doumani, Aird & Berlis . ~~T ') CREEK \('i: 'tXCElI( ~~;>--~ F~9'5. \~ >1 '. '0 ::;.\ :.:', . /0 0\ '" ':", 'J~ -1-., /..... 'J~>-- 4+- ItO-\.1fw;..9-.~ :~ ~.. ~~@rnrrW~ID AUG 1 1 1999 The Adult lA:keside Comnllmity. ATTACHMENT 112 6 August 1999 MUNiCiPAlITY OF CL,c :;i~;GTor. FINANCE Ms. Marie Morano, Treasurer THE MUNICIPALITY OF CLARINGTON 40 Temperance Street Bowmanville, Ontario LlA 3A6 DISTRIBUTION i ORiGINAL: We , le-- __! 1'"'0. T ' ),0-,'''''' u~y +----.--J [>:---'-'''''-1 . I , . ',..." " . I ~~---:-::--j" -'1 ~,' , ,1\,<:. ~ : , ," ': 0; . , - ~, ... r j"",,'l.Jo-O,d. I I;"":'" I.J l";<,:; ....,lsMg I "'i ~,~,-. r. . i ;"c;,~ Manager Re: Development Charges - Wilmot Creek Dear Ms. Morano: Further to our letter of July 15, 1999 to the Mayor and Council and our telephone convers i with you on July 28, 1999, we would like to address the process to be followed by the Municipality now that its development charge by-law has been passed. Our present agreement with you establishes a charge for the first 860 homes at Wilmot Creek. Our letter addressed the idea of creating a separate category of charges for Wilmot Creek units ) beyond those initial 860: a charge based on the actual average number of persons per unit type. We understand from our conversation that the Municipality wished to pass its by-law and then establish a process to address a number of issues which had arisen in the processing of the by- law including future development at Wilmot Creek rather than deal with such issues before the by-law was passed. As we are presently in the appeal period of the by-law, we would appreciate being advised, as soon as possible, as to the process and timetable for addressing this and other outstanding issues related to the by-law. We look forward to hearing from you and can be reached at 905-796-3630. Yours truly, RIDGE PINE PARK INC. ~\-\ ,I/" -~ - _L,..-..'"'--_______ David W. Rice DWR:fc ) F:\WILMOT\TovmCtarington.wpd 1 Wheelhouse Drive, Unit#l Newcastle, Ontario LIB 1B9 Toronto Direct (416) 369.0000 Sales (905) 697-5806 Admmistration (905) 697-5805