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REPORT TO: Planning & Strategic Initiatives Committee
DATE OF MEETING: November 7, 2011
SUBMITTED BY: Alain Pinard, Director of Planning
PREPARED BY: Alain Pinard, Director of Planning (519-741-2319)
Brandon Sloan, Manager of Long Range & Policy Planning
(519-741-2648)
WARD(S) INVOLVED: All
DATE OF REPORT: November 1, 2011
REPORT NO.: CSD-11-155
SUBJECT: Kitchener Growth Management Plan Fall 2011-Fall 2013+
UPDATE
RECOMMENDATION:
That the Kitchener Growth Management Plan Fall 2011-Fall 2013+, as attached to
Community Services Department report CSD-11-134, be approved subject to the
following revisions:
a) That the pumping station symbol be removed from Parcel #90; and,
b) That the priority assignment be revised for the lands at the northeast and
southeast corners of Bleams Road and Fischer Hallman Road that include Parcels
122, 123, and 125 from Priority C to Priority B with the following condition:
That the affected landowners provide for sanitary servicing arrangements that
do not require the extension of a trunk sewer, do not negatively impact natural
heritage features, and that still achieve the urban form and design objectives
of the Rosenberg Secondary Plan, to the satisfaction of the City and any other
impacted agency; and further,
That staff be directed to report back in the fall of 2012 with a status update on the
Development Charge Reserve Fund as well as the timing and the scope of work for
updating the Development Charges By-law and associated processes.
BACKGROUND:
This report provides supplementary information and an updated recommendation to Report
CSD 11-134 that was presented at the October 17t", 2011 meeting of the Planning & Strategic
Initiatives (PSI) Committee.
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REPORT:
The Kitchener Growth Management Plan (KGMP) Fall 2011-Fall 2013 was presented and
discussed at the October 17t" PSI Committee meeting. The item was deferred to allow
additional opportunity to review and consider the information presented at the Committee
meeting. In the week following the meeting, Planning and Engineering staff met with the
landowners that appeared in delegation to request a Priority B instead of Priority C assignment.
The information gathered at these meetings was shared and reviewed with Finance staff, and
other members of the internal working group were consulted where appropriate prior to the
preparation of this report. The report that follows provides additional information and
commentary on items raised at the October 17t", 2011 PSI Committee meeting or the
landowners meetings of the following week.
Pumping Station Symbol in Parcel #90
This symbol can be removed from the mapping as it has now been clarified that only one future
pumping station (located near Parcel #97) is required for this portion of Doon South. This
information is outlined in the Doon South Wastewater Servicing Facility Environmental
Assessment (2009).
Bleams Road/Fischer Hallman Road Parcels
New information was submitted to indicate that it may be possible to service these lands for
sanitary sewage through the Huron Business Park instead of relying on the extension of the
Middle Strasburg Trunk Sanitary Sewer.
Additional analysis and review is required to
confirm the technical feasibility, grading
implications, environmental impacts and urban
form/design considerations. Engineering has
indicated that this could be considered over the
coming 2-year timeframe and, as a result, the
lands could be considered as a Priority B
conditional upon not requiring the extension of
major infrastructure and subject to the approval of
the engineering solution by all applicable
agencies. The benefit of this potential option, if
feasible, is that it would advance land for
development that would generate development
charges revenue without needing new major
infrastructure that is paid for from the development
charge reserve.
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Parcel #30 -Huron South Community
The owner of this parcel appeared in delegation requesting that a portion of this property be
assigned a Priority A instead of a Priority B because it could be serviced by gravity into an
existing sanitary collection system instead on relying on the extension of the South Strasburg
Sanitary Sewer. Engineering has confirmed that a portion of Parcel #30 can be serviced for
sanitary sewage by gravity into an existing collection system and that the details would be
resolved during the development approval process. As such the Priority B assignment remains
appropriate. The lands are not "ready to go", however, the Priority B assignment poses no
impediment to completing the development approvals, including building permits.
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Requests for Priority C instead of Priority 8
Planning and Engineering staff met with the delegations who requested Priority B instead of
Priority C for their lands. The subject properties are located in two clusters, one in Doon South
Phase 2, and the other in the northern portion of the Rosenberg Community. Each delegation
clarified and supplemented the submissions made on October 17th. Some of the points raised
include:
• All wanted a Priority B assignment because it would allow them to discuss and/or proceed
with a Development Charges Credit Refund Agreement for new infrastructure.
• Commitment to proceed with a Credit Refund Agreement varied. All wanted the option of
being able to proceed with an agreement within two years, but only one landowner was fully
committed to construct the infrastructure immediately or in the very near future.
• At least two landowners identified site development issues and approvals that would take
approximately 18 months to sort out before being in a position to service their lands.
• One landowner representative mentioned that it does not make economic sense to enter into
a Credit Refund Agreement until a parcel of land has been draft approved (for subdivision).
It is noted that the parcels in the Rosenberg cluster do not have draft approval.
• All expressed concern with the shortfall in the development charge reserve fund outlined in
Report FCS-11-171 and encouraged the City to explore remedies. Some landowners offered
several suggestions such as reopening the current development charges by-law,
reconsidering downtown exemptions, and changing when development charges are collected
during the approval process. These suggestions require more time to study.
• As a result of concern with the development charge reserve, all expressed concern at the
City's ability to credit and/or refund development charges in a timely fashion. Some
landowners even commented that they would not enter into an agreement where the timing
of repayment is dependent upon projected revenues (repayment date uncertain). It is noted
that Kitchener's template agreement and policy do not guarantee firm repayment dates but
commit to refund only if the respective portion of the reserve has a positive balance as of the
specified repayment dates.
• Only two landowners expressed a clear interest into making contributions toward community
infrastructure, acknowledging that it takes more than engineering infrastructure in order to
develop a complete community.
• Landowners from both clusters correctly noted that the sanitary sewer infrastructure for their
respective areas (Pumping Station and Forcemain for Doon South Phase 2 and Middle
Strasburg Trunk Sanitary Sewer extension for part of Rosenberg) was projected to take
place before 2019 in previous Capital Forecasts.
• All noted that development of the lands will generate revenue through development charges,
property taxes and user fees.
• Several comments on how and why some greenfield land is "tied up" and not immediately
available for development.
• Several comments on the anticipated increase in demand for greenfield land in Kitchener
due to a rapidly diminishing supply in Cambridge and the City of Waterloo.
• Several comments on how certain lands are inter-related and that they should be assigned
the same priority status.
• One landowner commented that a Priority C assignment is a competitive disadvantage
relative to Priority B properties, even if the servicing situations are different. The same
landowner also mentioned that a Priority C assignment makes it more difficult to market
property, especially the commercial parcels.
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• One landowner commented that two years (interval between KGMP updates) is a long time
to wait to have a conversation about a Credit Refund Agreement.
• One landowner commented that builders have contributed to the development charge
reserve fund in the past in other areas of the city so it is not unreasonable to expect to draw
from the fund now.
The staff response to these comments is as follows:
A Priority C assignment poses no impediment to completing development approvals. The only
real advantage with a Priority B instead of a Priority C is the eligibility (not guarantee) of being
able to enter into a Credit Refund Agreement. As noted above, commitment to proceed with an
Agreement varied and most of the affected landowners wanted to see changes to the credit
refund process and/or a more positive development charge reserve before committing to a
Credit Refund Agreement. As a result it is recommended that staff report back in one year with
an update on the status of the development charge reserve by which time it will have had the
opportunity to review some of the suggestions that were made regarding Kitchener's
development charges process.
There is an important distinction between Priority B and C properties in this edition of the
KGMP. Priority B properties either do not require any major engineering infrastructure or the
required engineering infrastructure is scheduled for the near future in the Capital Forecast. All
Priority C properties require engineering infrastructure that is scheduled for 2017 - 2019. There
are sufficient Priority A and B properties to generate typical development charges revenues in
the next two years and by avoiding the expenditures required for Priority C properties, there is a
reasonable chance that the development charge reserve balance will improve.
Staff agree with the comment that inter-related lands should be assigned the same priority
status. In the context of this edition of the KGMP, this means that the Rosenberg cluster noted
above should be treated as a single entity for prioritization, as should the Doon South cluster. It
also means that co-operation between landowners within an individual cluster is likely to be
needed in order to finalize a Credit Refund agreement. While there is no indication that this
cannot be achieved, it does reduce the likelihood of finalizing agreements for these areas in the
next two years, especially where commitment levels vary and where there is concern with the
development charge reserve.
It is a common misconception that development charges pay for future services. While this may
have been partially true in the past, it is not the reality in Kitchener now or for the foreseeable
future. Going forward, development charges will generally pay for services that are already in
place that facilitated past developments. By deferring expenditures on Priority C properties, the
City of Kitchener would be addressing past commitments before taking on more commitments
and increasing the deficit.
Landowners correctly identified the revenues that would be generated by opening up their
respective lands for development. Much less information was presented on the costs. There
are both capital and operating costs to new development.
Both of the aforementioned clusters require infrastructure and community amenities that cost
more than the development charges revenue that will be generated by any one development in
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its entirety or from combined portions of developments over for a period of several years.
Opening up these areas now would increase the deficit in the development charge reserve fund.
More infrastructure would have to be paid down from a revenue base that is not expected to
grow substantially. Simply registering several additional lots will not have a positive impact on
the development charge reserve fund. Development charges are currently collected at the time
of building permit and there is no reason to expect that the Kitchener market can absorb
substantially more than recent past performance, which is consistently in the range of 1,200 -
1,500 new residential units per year.
New development also increases operating costs that include such things as snow ploughing,
parks maintenance and the staffing of fire halls and community centres. New assessment
revenue does help offset those costs, however there are inefficiencies if growth is too spread
out geographically. The rate of growth of the residential assessment base is expected to remain
relatively constant (1,200 - 1,800 new residential units per year) and that revenue will go a lot
further if delivering new services to a few new areas instead of many more new areas. A
detailed cost-revenue analysis would be helpful in quantifying the impacts of different growth
options. However, the city currently does not have the in-house resources to conduct such an
analysis.
In addition to impacting operating costs, growing in too many new areas at once increases the
gap of time between the installation of hard services and the construction of community
amenities (parks, libraries and community centres). In other words, it will take longer to achieve
complete community status after people start moving in, and community concern about delays
in constructing community amenities is one of the major reasons why the City of Kitchener
initiated changes to its growth management program in 2007.
Finally, advancing all of the Priority C lands to Priority B status would not be sustainable unless
some Priority A and B lands were demoted in status or put on hold. Collectively, the lands
recommended for Priority B and C account for approximately 15 years of development land (50-
80% of remaining greenfield supply). By allowing all of these lands to be serviced and
processed for planning/development approvals in this edition of the KGMP would mean that we
would be attempting to prepare 15 years of land in two years. The recommended KGMP
already enables somewhere in the range of 7,500-10,000 new dwelling units on Priority A and B
lands that will require staff resources to bring on stream (development/planning approvals,
legal/financial agreements, etc.).
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
This project directly supports the community priority of `Development', specifically Strategic
Directions #1 and 3.
FINANCIAL IMPLICATIONS:
A significant part of the consideration of this report deals with financial implications. Changes to
the KGMP may impact the timing and/or financial implications of infrastructure and non-
infrastructure projects that are in the Capital Budget Forecast and funded through development
charges. The City portion of the development charges collected with new development is
attributable to many different components (not just sanitary sewer infrastructure). There is not a
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detailed revenue-expenditure breakdown for each growth area (development charges are
generally not area specific in Kitchener).
The addition of more lands/priorities would add to the already significant number of projects
underway or planned in the next two years and affect resource availability. Ultimately, this could
result in the addition of more roads to plough, parks to maintain, operation staff to hire and
equipment to acquire sooner than perhaps expected or the ability to handle/fund. Further, it is
increasingly questionable whether the City portion of the property tax generated from some of
the new residential areas would be adequate to sustain the maintenance and life-cycle
replacement costs. The impacts on operating budgets are always an issue during the annual
budget cycle. This may be part of a larger funding shortfall issue for municipalities.
COMMUNITY ENGAGEMENT:
Additional meetings were held with landowner representatives seeking a Priority B instead of
Priority C.
CONCLUSION:
In summary, the recommended approach of this edition of the KGMP is to focus city resources
on preparing land for development in areas that do not require major new infrastructure or
where the required engineering infrastructure is scheduled for the near future in the Capital
Forecast. This is consistent with one of the most well known growth management principles,
which is to make use of existing infrastructure first.
There is sufficient land assigned Priority A and B to maintain or exceed growth levels of recent
years. This growth combined with less new expenditure will have a positive impact on the
development charge reserve fund. Several stakeholders expressed concern with the shortfall in
the development charge reserve fund and encouraged the City to explore remedies. As a result
it is recommended that staff report back in one year on a variety of matters related to
development charges.
REVIEWED BY:
Grant Murphy, Director of Engineering
Ryan Hagey, Manager/Interim Director of Financial Planning
ACKNOWLEDGED BY: Jeff Willmer, Deputy CAO
Community Services Department
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