Loading...
HomeMy WebLinkAboutDTS-10-134 - Park Dedication policyJ Techn~en~-lc~es REPORT REPORT TO: Council DATE OF MEETING: June 28 2010 SUBMITTED BY: Jeff Wllmer, Interim GM, Development & Technical Services PREPARED BY: Jeff Wllmer (519-741-2325) WARD(S) INVOLVED: All DATE OF REPORT: June 22, 2010 REPORT NO.: DTS-10-134 (supplementary to DTS-08-037) SUBJECT: Park Dedication Policy RECOMMENDATION: That the proposed policy attached to Development and Technical Services Department report DTS-10-134 be approved as the City of Kitchener Park Dedication Policy. BACKGROUND: In May 2008, after considering Report DTS-08-037 (copy attached), Council approved in principle a revised park dedication policy. Now that land class appraisals are complete, it is appropriate for the policy to be approved in its final form. REPORT: Report DTS-08-037 addressed, among other issues, the concern that funds from the park trust fund were being used to pay for appraisals of land in order to determine 2% or 5% cash in lieu of parkland dedication. The new method uses generic appraisals for classes of land so that individual site-by-site appraisals are not required except for large subdivisions. The following are the results of the appraisals: Land Use Land Value Street Fronting Residential $9,200 per metre Street Townhouse $9,800 per metre Multiple Residential Apartment $1,359,000 per hectare Multiple Residential Townhouse $1,110,000 per hectare Residential Subdivision (under 4 ha) $615,000 per hectare Commercial $1,110,000 per hectare Industrial Business Park $555,000 er hectare Established Industrial Areas (non business park areas) $490,000 per hectare Institutional $800,000 per hectare 4-1 FINANCIAL IMPLICATIONS: A net benefit to the park trust fund is expected as the cost of individual site-by-site appraisals will no longer be paid from the fund. COMMUNICATIONS: The results of the generic appraisals were discussed with the Kitchener Homebuilder Liaison Committee on June 18 2010. REVIEWED BY: Alain Pinard, Interim Director of Planning ACKNOWLEDGED BY: Pauline Houston, General Manager Communit Services De artment List of Attachments Proposed Park Dedication Policy June 22, 2010 Report DTS-08-037 4- 2 Park Dedication Policy (June 22, 2010) 1.0 General The Planning Act authorizes municipalities to require the conveyance of land for park or other public recreational purposes. The amount may not exceed 2% for commercial or industrial development, and may not exceed 5% for all other development; alternatively, land in the amount of 1 hectare per 300 residential units may be required. This authority extends to subdivision approvals, consent (e.g., severance, easement, right-of way), and site plan approval for the development or redevelopment of land. It is the municipality's option to require cash in lieu of land. For residential development the City will require parkland dedication based on 5% or 1 hectare per 300 residential units, whichever is the greater. 1.1 Active Park and Natural Open Space It is the general intent of the City of Kitchener that where the Planning Act authority is used to require the dedication of land, that land will be intended for active park purposes, and that other means be used to protect, and if necessary to acquire, natural open space. 1.2 Subdivision In plans of subdivision the City will use the park dedication provisions of the Planning Act generally for the purpose of obtaining land for active park purposes, but may opt to obtain cash in lieu of land in limited circumstances. 1.3 Site Plan and Severance For land severance and site plan approval the City will use the park dedication provisions of the Planning Act generally for the purpose of obtaining cash in lieu of park land, but may opt to acquire land in limited circumstances. 2.0 Valuation and Appraisal Land value for purposes of cash in lieu of park land for plans of subdivision of 4 hectares or more shall be determined by accredited appraisal, with the cost of the appraisal paid from the Park Trust Fund. Land value, for purposes of cash in lieu of park land dedication as a condition of plans of subdivision less than 4 hectares, or site plan approval, or consent land severance, shall be determined at the rates set out in this policy, based on accredited appraisals of classes of land. If an owner or applicant wishes to dispute the City's rate, they may obtain, at their own cost, an appraisal from an accredited appraiser. The City may accept the alternate appraisal, require a peer review paid from the Park Trust Fund, or negotiate a mutually acceptable compromise. Land values for the accredited appraisals of classes of land shall be calculated as prescribed under Sections 42, 51.1 or 53 of the Planning Act, 1990. Despite the accredited appraisals of classes of land, the City may decide to conduct asite- specific accredited appraisal for cash in lieu of park land dedication, with the cost paid from the Park Trust Fund. The appraised land class rates shall be adjusted from time to time. Such periodic updated appraisals for each class of land shall be obtained at intervals not exceeding 5 years. 2.1 Residential Site Plan Approval or Consent Approval • Street Townhouse: $9,800 per metre of street frontage, excluding the difference between minimum side yard abutting a street and minimum interior side yard • Other Street Fronting Residential: $9,200 per metre of street frontage, excluding the difference between minimum side yard abutting a street and minimum interior side yard • Multiple Residential (Apartment): $1,359,000 per hectare • Multiple Residential (Townhouse other than street fronting): $1,110,000 per hectare 2.2 Residential Subdivision (less than 4 hectares) • 5% of $615,000 per hectare 2.3 Commercial, Industrial and Institutional Consent Approval Park dedication will generally not be required as land division generally does not increase development potential for commercial, industrial or institutional development. 2.4 Commercial, Industrial and Institutional Site Plan Approval • Commercial 2% of $1,110,000 per hectare • Business Park 2% of 555,000 per hectare • Industrial 2% of $490,000 per hectare • Institutional 5% of $800,000 per hectare 3.0 Exemption & Interpretation The following principles will be applied to determine exemption from park dedication requirements: 3.1 If the maximum allowable park dedication has previously been made, no further park dedication will be required in the event of development or redevelopment . 3.2 If no park dedication has previously been made, the City will require the maximum allowable dedication except for the following: 3.2.1 If land is partially developed and the remaining part is to be developed or redeveloped, the parkland dedication will be based on the total area of the site less that area in which existing development is to remain. The City reserves the right to collect park dedication fees on future redevelopment or intensification on that portion of the land on which park dedication was not assessed. 3.2.2 If land is partially or fully developed and further intensification is to take place the City will require park dedication on the basis of only the new development, as a proportion of the total development. For non-residential intensification the dedication will be based on the proportion of new gross floor area. For residential intensification the dedication will be based on the proportion of new dwelling units. 3.2.3 The Director of Planning or the Manager of Development Review or the Supervisor of Site Plan Development shall be responsible for deciding what constitutes new and existing development if there is a disagreement with the landowner. 3.2.4 Adaptive Re-use shall be considered to be redevelopment. 3.2.5 If development on particularly large sites is to be phased, the park dedication for latter phases may be deferred as set out in a Parkland Deferral Agreement to be registered on title, at the discretion of the Director of Planning in consultation with the Director of Operations. 4-4 3.2.6 If land division does not have the effect of increasing development potential, no park dedication will be required as a condition of severance, but will be required as a condition of site plan approval for development or redevelopment of severed and/or retained lands. 3.2.7 If subdivision land includes natural open space, the park dedication will be calculated based on the area of land included in the plan, net of natural open space. 3.2.8 Council may opt to exempt public sector institutional development, such as Federal, Provincial or Regional developments, hospitals and universities from park dedication requirements. 3.2.9 The City will honour development agreements entered into prior to the adoption of this policy with respect to park land dedication requirements. However, this provision will not apply to redevelopment or intensification. 4-5 I~TC~~R Development & Technical Services Report To: Date of Meeting: Submitted By: REPORT Development and Technical Services Committee April 21, 2008 Jeff Willmer, Director of Planning Prepared By: Jeff Willmer, Director of Planning (519-741-2325) Alain Pinard, Manager, Long Range & Policy Planning (519-741-2319) Ward(s) Involved: All Date of Report: April 11, 2008 Report No.: DTS-08-037 Subject: Park Dedication Policy & By-law RECOMMENDATION: 1. That the Park Dedication By-law (Chapter 273 of the City of Kitchener Municipal Code) be repealed and replaced with the Proposed By-law dated April 11, 2008 attached to Report DTS-08-037; and 2. That the proposed policy attached to Report DTS-08-037 be approved in principle as the City of Kitchener Park Dedication Policy, with the final policy to be brought back for approval following completion of land class appraisals; and 3. That staff be directed to obtain appraisals for the classes of land set out in the proposed policy; and further 4. That the current practice of exempting all Downtown development from park dedication be reconsidered in the context of the upcoming review of Downtown development incentives, including those offered under Community Improvement legislation. BACKGROUND: The Planning Act gives municipalities the ability to require that land for park or other public recreational purposes, or cash in lieu of park land, be dedicated as a condition of subdivision, severance or site plan approval. The City's official plan contains the necessary policies to enable the passing of a park dedication by-law and Kitchener has had such a by-law in place for many years. 4-6 The Planning Act establishes limits of 2% of the land or land value for commercial or industrial development and 5% of the land or land value, or alternatively 1 hectare per 300 dwelling units proposed, for residential development. While the City is entitled to require the maximum park dedication as a condition of development or redevelopment approvals, the proposed policy is intended to give guidance for a fair, reasonable and consistent approach, given the different circumstances of various development proposals. REPORT: Active Park vs Natural Open Space Active park space provides community benefits including social, recreational and health benefits. The community and Council have clearly stated a desire to maximize the amount of active parkland that is provided in new neighbourhoods. The proposed policy promotes maximizing the use of park dedication to obtain land for active park purposes rather than natural open space (flood plain, woodlot, wetland and wetland buffer, or steep slopes). The past practice of utilizing the park dedication conditions to negotiate to obtain larger areas of natural open space is being phased out in favour of using other means to protect, and if necessary acquire, natural open space. Significant natural open space and appropriate buffers should always be protected. This would normally occur as a condition of development, and the feature may either remain in private ownership or come into public ownership. If it is to come into City ownership, that may be achieved through negotiation or purchase. Such purchase could be funded from sources such as the Natural Lands Acquisition Fund as set out in Reports DTS-05- 209 and CRPS-06-033, or the Local Environmental Action Fund (LEAF) as set out in Report DTS-08-033. Valuation of Land for cash payment in lieu of land In order to determine land value, the City typically pays for an appraisal, paid out of the park trust fund. Such appraisals can cost between $1,000 and $3,000, and in some cases exceed the value of the cash in lieu of park land payment. The recommended approach would be based on generic appraisals for classes of land so that individual site-by-site appraisals are not required. This is expected to be more efficient as there should be much less frequent use of the park trust fund to pay for individual property appraisals. If an owner/developer objects to the applicable rates there is the option for the owner/developer to obtain an appraisal of their specific site to establish the value. The City may accept this appraisal, obtain its own appraisal or negotiate a mutually acceptable compromise. Industrial and Commercial Development The Planning Act and the City's official plan have always allowed for commercial and industrial development to be subject to the 2% park dedication. However, the City of Kitchener has a history of not requiring park dedication on commercial or industrial development as an incentive for economic development. In recent years, in response to changing community priorities expressed through various means including the Environics Survey, staff have established a practice of requiring the maximum 2% park dedication as a condition of commercial or industrial development. The proposed policy would establish Council support for this practice, on the basis that a healthy community requires sufficient parks to establish a good quality of life, and this supports economic development by making our community more attractive to employees and employers alike. 2 4-7 Downtown Development Similarly, when the package of Downtown Development incentives was established in the 1990s development was exempted from park land dedication or cash in lieu of park land requirements, as an incentive to attract investment and development in the downtown. We suggest that discontinuation of this practice be considered when the complete package of Downtown development incentives is reviewed. Downtown development benefits from provision of parks, and downtown residents and employees deserve to have parks with appropriate improvements provided for their use. Cash in lieu of park land dedication payments should be considered to be a reasonable cost of developing in our Downtown. Partial Redevelopment or Development where Partial Existing Development is to remain From time to time development or redevelopment is proposed on a site which has development that will remain in place. If park dedication has not previously been made, the City is entitled to require the full 2% or 5% park dedication. However, to be fair and reasonable we are recommending that park dedication not be assessed against that portion of the site on which existing development is to remain. For development or redevelopment requiring site plan approval, the partial payment typically would be documented in the site plan agreement, which is registered on title and therefore available to potential purchasers and future owners. Phased Development In cases of phased development the City is entitled to require that the full 5% or 2% of land be conveyed. In some cases involving large land holdings, it may be mutually agreeable for the owner and the City to enter into a parkland deferral agreement for latter phases. New By-law The proposed by-law attached would clarify that the rate for commercial development or redevelopment is 2% and not 5%. A future amendment would be required to eliminate the exemption for downtown development. FINANCIAL IMPLICATIONS: The intent of the recommended approach is to maximize contributions to the park trust fund, but to be fair and reasonable in recognition of existing development not being redeveloped, and to limit the expense of appraisal fees by reducing the number of site-specific appraisals at the expense of the park trust fund. COMMUNICATIONS: This report was discussed with the Waterloo Region Homebuilders Liaison Committee on March 14th, the Environmental Committee on March 20th, the Economic Development Advisory Committee on March 26th and the Downtown Advisory Committee on April 10th. Furthermore, an early draft and the final version of the report were provided to all focal planning consultants. One written response was received and it is attached as Appendix "C". Additional responses were provided informally. Summary of Comments and Analysis On balance, the response to the draft by-law and policy has been positive. The proposed changes to the way that cash-in-lieu values are determined are widely supported for the savings in appraisal costs that will be realized. The Environmental Committee supports the objective of maximizing opportunities to acquire parkland or cash in lieu. 3 4-8 Downtown Advisory Committee generally agreed that improved parks and public recreational facilities add to quality of life in the Downtown, and that as densities increase it will be increasingly important to provide additional or improved facilities. DAC members commented on the importance of understanding the complete package of incentives in the context of all development costs, and cautioned that cash in lieu of 1 hectare per 300 residential units may amount to a very significant cost. The committee also suggested that a clear commitment to Downtown Parks, possibly through the Parks and Open Space Master Plan, would help to justify discontinuing the current exemption. Some respondents expressed concern with the idea of eliminating the exemption for downtown development. However, we are not recommending any action on this issue at this time. The current practice of exempting downtown development from parkland dedication requirements will be considered as part of a comprehensive review of all downtown incentives at a later date. Some members of the Economic Development Advisory Committee (EDAC) questioned the objective of maximizing parkland dedication opportunities in the case of industrial development without having any information of how Kitchener compares to other municipalities and/or any information that clarifies how parkland dedication impacts decisions to locate or expand industrial businesses in the City. In response to the EDAC comments staff canvassed six municipalities (Brantford, Cambridge, Guelph, London, Oshawa, and Waterloo) for information on key industrial development indicators and it is concluded that Kitchener compares favourably. Six of the seven municipalities ask for parkland or cash in lieu in the case of most private sector industrial development. Only the City of London does not collect parkland dedications for industrial development but this policy is under review. Furthermore, Kitchener has the second lowest development charge after the London, for private sector, non-residential development. In consultation with the Economic Development Division it is concluded that the 2% parkland dedication is unlikely to affect industrial investment decisions because it represents such a small amount of the total development costs and it is increasingly accepted as part of the cost of doing business. CONCLUSION: The proposed policy is intended to give guidance for a fair, reasonable and consistent approach to park dedication as a condition of development approval. It may be necessary to revisit the policy upon completion of the Parks and Open Space Master Plan now under way. ~r/,,.~C._. mer re or of Planning Alain Pinard Manager, Long Range & Policy Planning Attachments: Appendix "A" Proposed By-law Appendix "B" Proposed Policy Appendix "C" Comments 4 4-9 Appendix "A": Proposed By-Law, April 11, 2008 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend Chapter 273 of The City of Kitchener Municipal Code regarding Park Dedication) WHEREAS the Planning Act, 1990, provides that as a condition of development or redevelopment of land, the Council of a local municipality may require land in an amount not exceeding, in the case of land proposed for development or redevelopment for commercial or industrial purposes, 2 percent and for all other cases 5 percent of the land be conveyed to the City for park or other public recreational purposes; AND WHEREAS the Act also permits an alternative requirement with respect to land for residential purposes, of dedication at a rate of one hectare for each 300 dwelling units proposed subject to specific policies with respect thereto being set forth in the City's Official Plan; AND WHEREAS the Act also permits the Council of a local municipality to require the payment of money to the value of land in lieu of the conveyance of land; AND WHEREAS it is deemed expedient to amend Chapter 273 of The City of Kitchener Municipal Code adopted by By-law 86-191, as amended; NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as follows: 1. Chapter 273 of The City of Kitchener Municipal Code is hereby deleted and the following is substituted therefore: 273.1.1 As a condition of development or redevelopment of land anywhere in the City, land in an amount not exceeding, in the case of land proposed for development or redevelopment for commercial or industrial purposes, 2 percent and in all other cases 5 percent of the land shall be conveyed to the City for park or other public recreational purposes, free of encumbrance and without cost to the City. 273.1.2 As an alternative to the requirement of Section 273.1.1 and, as a condition of the development or redevelopment of land anywhere in the City for residential purposes, land at a rate of one hectare for each 300 dwelling units proposed in any such 4- 10 development or redevelopment shall be conveyed to the City for park or other public recreational purposes, free of encumbrance and without cost to the City. 273.1.3 The City may require the payment of money to the value of land otherwise required to be conveyed under Sections 273.1.1 and 273.1.2, in lieu of the conveyance. 273.1.4 Sections 273.1.1, 273.1.2 and 273.1.3 do not apply to the Downtown Kitchener Community Improvement Area as defined in the Downtown Kitchener Community Improvement Plan, approved under Section 28 of the Planning Act, 1990. DAC~~~+~h~ ('`n~ ~r~nil (~h~+rr~her~ in +he (~i+~• of LCi+nhcr+er +hi~ day „w..........~...~~.., .... -, of , A.D. 2008. DRAFT April 11, 2008 Mayor Clerk 6 4- 11 Appendix "B": Park Dedication Policy (Draft April 11, 2008) 1.0 General The Planning Act authorizes municipalities to require the conveyance of land for park or other public recreational purposes. The amount may not exceed 2% for commercial or industrial development, and may not exceed 5% for all other development; alternatively, land in the amount of 1 hectare per 300 residential units may be required. This authority extends to subdivision approvals, consent (e.g., severance, easement, right-of way), and site plan approval for the development or redevelopment of land. It is the municipality's option to require cash in lieu of land. For residential development the City will require parkland dedication based on 5% or 1 hectare per 300 residential units, whichever is the greater. 1.1 Active Park and Natural Open Space It is the general intent of the City of Kitchener that where the Planning Act authority is used to require the dedication of land, that land will be intended for active park purposes, and that other means be used to protect, and if necessary to acquire, natural open space. 1.2 Subdivision In plans of subdivision the City will use the park dedication provisions of the Planning Act generally for the purpose of obtaining land for active park purposes, but may opt to obtain cash in lieu of land in limited circumstances. 1.3 Site Plan and Severance For land severance and site plan approval the City will use the park dedication provisions of the Planning Act generally for the purpose of obtaining cash in lieu of park land, but may opt to acquire land in limited circumstances. 2.0 Valuation and Appraisal Land value for purposes of cash in lieu of park land for plans of subdivision of 4 hectares or more shall be determined by accredited appraisal, with the cost of the appraisal paid from the Park Trust Fund. Land value, for purposes of cash in lieu of park land dedication as a condition of plans of subdivision less than 4 hectares, or site plan approval, or consent/land severance, shall be determined at the rates set out in this policy, based on accredited appraisals of classes of land. If an owner or applicant wishes to dispute the City's rate, they may obtain, at their own cost, an appraisal from an accredited appraiser. The City may accept the alternate appraisal, require a peer review paid from the Park Trust Fund, or negotiate a mutually acceptable compromise. Land values for the accredited appraisals of classes of land shall be calculated as prescribed under Sections 42, 51.1 or 53 of the Planning Act, 1990. Despite the accredited appraisals of classes of land, the City may decide to conduct asite- specific accredited appraisal for cash in lieu of park land dedication, with the cost paid from the Park Trust Fund. 7 4- 12 The appraised land class rates shall be adjusted from time to time. Such periodic updated appraisals for each class of land shall be obtained at intervals not exceeding 5 years. 2.1 Residential Site Plan Approval or Consent Approval • Street fronting residential: $_ per metre of street frontage, excluding the difference between minimum side yard abutting a street and minimum interior side yard • Multiple Residential other than street fronting: $ per hectare 2.2 Residential Subdivision (less than 4 hectares) • 5% of $ per hectare 2.3 Commercial, Industrial and Institutional Consent Approval Park dedication will generally not be required as land division generally does not increase development potential for commercial, industrial or institutional development. 2.4 Commercial, Industrial and Institutional Site Plan Approval • Commercial 2% of $ per hectare • Industrial 2% of $ per hectare • Institutional 5% of $ per hectare 3.0 Exemption & Interpretation The following principles will be applied to determine exemption from park dedication requirements: 3.1 If the maximum allowable park dedication has previously been made, no further park dedication will be required in the event of development or redevelopment. 3.2 If no park dedication has previously been made, the City will require the maximum allowable dedication except for the following: 3.2.1 If land is partially developed and the remaining part is to be developed or redeveloped, the parkland dedication will be based on the total area of the site less that area in which existing development is to remain. The City reserves the right to collect park dedication fees on future redevelopment or intensification on that portion of the land on which park dedication was not assessed. 3.2.2 If land is partially or fully developed and further intensification is to take place the City will require park dedication on the basis of only the new development, as a proportion of the total development. For non-residential intensification the dedication will be based on the proportion of new gross floor area. For residential intensification the dedication will be based on the proportion of new dwelling units. 3.2.3 The Director of Planning or the Manager of Development Review or the Supervisor of Site Plan Development shall be responsible for deciding what constitutes new and existing development if there is a disagreement with the landowner. 3.2.4 Adaptive Re-use shall be considered to be redevelopment. 8 4- 13 3.2.5 If development on particularly large sites is to be phased, the park dedication for latter phases may be deferred as set out in a Parkland Deferral Agreement to be registered on title, at the discretion of the Director of Planning in consultation with the Director of Operations. 3.2.6 If land division does not have the effect of increasing development potential, no park dedication will be required as a condition of severance, but will be required as a condition of site plan approval for development or redevelopment of severed and/or retained lands. 3.2.7 If subdivision land includes natural open space, the park dedication will be calculated based on the area of land included in the plan, net of natural open space. 3.2.8 Council may opt to exempt public sector institutional development, such as Federal, Provincial or Regional developments, hospitals and universities from park dedication requirements. 3.2.9 The City will honour development agreements entered into prior to the adoption of this policy with respect to park land dedication requirements. However, this provision will not apply to redevelopment or intensification. 9 4- 14 [.abreche Patterson & Associates Inc. Professional Planners, Development Consultants, Project Managers ' Via Emall: jefiFwillmer~lcltchener.ca slain. pinarrofC~Jcitchener.ca March 25, 2008 Mr. Jeff Willmer, Director of Planning Mr. Alain Pinard, Manager of Long Range and Policy Planning Development and Technical Services Department City of Kitchener 200 King Street West, C`" Floor P.O. Box 1118 Kitchener, Ontario N2G 4G7 Dear Mr. Willmer and Mr. Pinard: Re• Park Dedication Policy and By-law Thank you for allowing us the opportunity to provide comments on the proposed "Park Dedication Policy and By-law". The proposal is quite thorough and deals with all aspects of the issue. While we are in agreement with most of the recommendations, afew points require further consideration. Therefore, we wish to provide the following comments for your consideration. A park dedication requirement for downtown developments is new and we believe would discourage such developments. Charging a park dedication while giving other incentives such as the Development Charges exemption would appear to be contradictory. The Kitchener Downtown/core area is currently experiencing a renewed interest and is attracting development. In order to keep this momentum going, we would question any change to current regulations that may impact the progress that is being made. Similarly, we are not sure if this is the best time to start charging park dedication for industrial developments when they are facing extraordinary competition from externallforeign sources. We believe that the status quo on industrial lands should be maintained until the economic volatility of this sector has tempered. 2. The Policy should provide the basis for setting the rates in Section 3.2.1. 3. Section 2.2 appears to be numbered twice under Policy. 330-A1 Trillium Drive, Kitchener, Ontario N2E 3J2 Tel: 5~9-896-5955 - Fax:519-896-5355 4- 15 2 We trust you will take the above points into consideration in finalizing your report and recommendations. Once again thank you for providing us the opportunity to comment on the above proposal and we look forward to receiving a copy of your final report. Yours truly, Labreche Patterson 8~ Associates Inc. Hans Madan, BES, MPA, MCIP, RPP Associate, Senior Planner ~ ~~ Scott Patterson, BA, CPT Principal, Senior Planner ~c or La ec e, MCIP, RPP Senior Principal HM/gk Copy: Waterloo Region Home Builders' Association {WRHBA) 4- 16