Report to: Development Services Committee Report Date:
SUBJECT: Servicing Allocation Update
PREPARED BY: Biju Karumanchery, Senior Development Manager
Jamie Bosomworth, Manager of Strategy & Innovation
RECOMMENDATION:
1)
That the
2) And That Markham Council redistribute Real Allocation as noted in Table 2 and previously distributed 2011 Conditional Allocation as noted in Table 3;
3) And That Markham Council distribute additional 2011 conditional servicing allocation as noted in Table 4 and shown in detail in Attachment “A” to this report;
4) And That conditions for distribution of the Town Reserve and 2011 conditional allocation as noted in Table 6 be endorsed and Staff be authorized to update these conditions at the draft plan/site plan approval stage;
5) And that staff, after receiving input from the development community, report back to Committee regarding the opportunity to convert specific high density development projects noted in Table 7 from “real” allocation to 2011 “conditional” allocation (July 1, 2009 building permit trigger), and to transfer real allocation to low density projects to be determined;
6) And That staff be authorized to apply the LEED servicing allocation benefit as outlined in the report;
7) And That the written submissions regarding servicing allocation, included in Attachment “B“, be received;
8)
And That Staff be authorized and directed to do all
things necessary to give effect to this resolution.
EXECUTIVE SUMMARY:
Since the last round of servicing allocation in February 2008, staff have been proceeding with draft plan approval and site plan approval of developments with assigned current or “real” allocation and those with 2011 “conditional” allocation. It is important that the Town continue to monitor developments with assigned allocation carefully and ensure all units move through the approval system in a reasonable time frame.
This report includes an update of real and 2011 conditional allocation distributed through our last round of distribution in February 2008. Table 2 and 3 provides an update on real and conditional 2011 allocation distributed to date.
The Region has initiated two major
infrastructure projects; the Duffin Creek Water Pollution Control Plant (WPCP)
and an interim YDSS flow control structure both of which are currently on
schedule for completion by
The Region has established a policy
for a servicing allocation incentive of between 20% and 40% for high density
developments that meet the Sustainable Development Through LEED criteria that
the Town has adopted for all high density developments. In considering these principles staff are
proposing to assign a 35% LEED benefit to high density developments. Where previous high density allocations have
been distributed and the development has not been approved, the development
must now proceed using the regional policy thereby acquiring a LEED servicing
allocation benefit. This allocation
benefit may be applied to another development owned by the developer or
returned to the Town for further distribution.
For distribution of new allocations the benefit of 35% will be realized
at the distribution stage, freeing up more
The Region has released an additional one year supply of 2012 servicing allocation to the Town in the amount of 11,700 people. This additional allocation has the same triggers as the 2011 conditional allocation so will be added to the previous distribution. Staff have used the same protocols for distribution of allocation established by Council in December 2002 and February 2005. In addition, staff have given due consideration to the request from BILD (see Attachment “B”) to distribute more allocation to low density developments and “shovel ready projects” due to market conditions. Table 4 and Attachment “A” identify staff’s proposal for distribution of this additional allocation. Table 5 indicates that staff’s recommended distribution at this time is 65% low density versus 55% low density in February 2008. Conditions for allocation have been identified in Table 6 and will be finalized as developments proceed through the planning process.
The staff proposed distribution
has been vetted through Development Services Committee on March 10, Developers
Round Table meeting on March 11 and a special joint Developers Round Table/BILD
meeting on May 5. Development community
representatives have indicated support for the distribution proposed by staff, but are
seeking opportunities to move low density, shovel ready developments quicker
through the system. With this in mind
staff are proposing, for tracking purposes, to convert “real” allocation previously
distributed to high density projects that have not proceeded to agreement stage,
to 2011 “conditional” allocation. This will
not in any way delay the development approval process for these high density
projects, as the timelines for releasing building permits for 2011 conditional
allocation for high density projects is July 1, 2009. This would permit a transfer of real allocation
to low density developments in the amount of 4,638.2 people. The advantage is low density projects with
2011 conditional allocation could advance to building permit issuance now,
rather than waiting until
Markham continues to face a number
of challenges related to servicing allocation constraints: not having
sufficient servicing allocation to continue with our 5-year average building
activity; ensuring assigned allocation moves through the system to maintain our
application activity; reduced fee revenue and development charges to fund
capital projects; tracking of residential units and population in relation to
water and sewer capacity; and having approximately 23,400 units still in the
development review process that do not have current “real” or 2011
“conditional” allocation. Staff will
continue to monitor the servicing allocation situation and report regularly to
Committee and Council to ensure that the use of
This report is to advise Committee of the following:
· an update of the status of real allocation and 2011 conditional allocation distributed in February, 2008;
· a recommended distribution of additional 2011/2012 conditional allocation;
· conditions for the distribution of allocation;
· opportunity to convert high density real allocation to 2011 conditional allocation without delaying July 1, 2009 building permit issuance for high density, while allowing for transfer of real allocation to low density projects (advancing building permit issuance from July 1, 2010 to now); and
· A brief discussion of the Town’s challenges with respect to servicing allocation constraints and next steps.
The Town has been managing development under Regional servicing allocation restrictions (water and sanitary sewer capacity) since 1996. Since that time, allocation and our ability to approve residential developments has been constrained. In February, 2008 Council adopted a Staff report that included:
· re-distribution of “real” servicing allocation
· a distribution of 2011 “conditional” servicing allocation
· an endorsement of the Regional policy related to a benefit of a 20-40% increase in servicing allocation for developments that meet the “Sustainable Development Through LEED” program for high density developments
The redistribution of “real”
allocation allowed the Town to distribute allocation from developments that were
not proceeding in a timely manner to those developments that could proceed. Where developments have “real” allocation
the development process can be completed directly to
Where “real” allocation is not available the Region has allowed local municipalities to continue approvals of draft plan of subdivisions. This is intended to keep development applications advancing through the lengthy review and approval time frames. However, the Region’s flexibility with regard to draft approval without allocation is subject to the following being met:
The Region also established appropriate
triggers to permit developments to proceed through the review process
concurrently with construction of major infrastructure so occupancy of units
can correspond to the required infrastructure being operational. A first phase of regional infrastructure
completion is the construction of the Duffin Creek WPCP and an interim YDSS
flow control structure. Both facilities
are on schedule for completion; the flow control structure by
Specific timelines within the development process have been set to match the timelines of infrastructure completion so occupancy of buildings will be at the same time as infrastructure completion. For low density developments, pre-sales can proceed one year prior to infrastructure completion while registration permitting issuance of building permits can proceed 6 months prior to the anticipated infrastructure completion date. For high density developments presale agreements are not required for projects having 2011 conditional allocation, and removal of hold provisions, permitting building permit issuance, can occur 18 months prior to infrastructure completion.
A second phase of infrastructure completion
is the construction and operation of the South East Collector. This infrastructure is on schedule for being
completed by
TABLE 1: SUMMARY OF APPROVAL TIMELINES |
||||||||
|
Allocation Status |
Regional
Infrastructure Requirement |
Pre-sale Agr. |
Region Indemnity
Requirement |
Release Pre-sale
agr. |
Release Hold and
permit release |
||
Subdivisions/Site
Plans, Low Density |
With Allocation |
N/A |
No |
No |
N/A |
N/A |
N/A |
N/A |
Conditional Allocation |
DC WPCP & Flow Control |
Yes |
Yes |
12³ |
Jan 1/10¹ |
6³ |
July 1/10¹ |
|
No allocation (2013) |
SE Collector Sewer |
Yes |
Yes |
12³ |
Jan 1/12² |
6³ |
July 1/12² |
|
Site Plans, High
Density |
With Allocation |
N/A |
No |
No |
N/A |
N/A |
N/A |
N/A |
Conditional Allocation |
DC WPCP & Flow Control |
No |
Yes |
N/A |
N/A |
18³ |
July 1/09¹ |
|
No allocation (2013) |
SE Collector Sewer |
Yes |
Yes |
24³ |
Jan 1/11² |
18³ |
July 1/11² |
Note:
1) Assuming
Duffin Creek Water Pollution Control Plant (DC WPCP) expansion project and the
YDSS Flow Control Structures to be operational by
2) Assuming Southeast Collector Sewer to be
operational by
3) Numbers indicate the number of months
before the infrastructure is operational
Region’s Policy for Sustainable Development
The February 2008 report endorsed the Region’s policy for providing servicing allocation incentives between 20% and 40% for high density developments that meet the Sustainable Development Through LEED criteria. The goal of this policy is to provide an incentive for high density residential developments in Regional Centres and Corridors and in Local Centres to promote more energy efficient green buildings while receiving a servicing allocation benefit. As the Region is responsible for providing water and wastewater treatment, transit services and solid waste management, the Region developed criteria related to those matters. Where developments meet the following criteria, a 20%-40% servicing allocation benefit may be provided:
Council, has since endorsed a
policy requiring all high density developments must meet the regional policy
for sustainable development. In
considering these principles staff are proposing to assign a 35% LEED benefit
to servicing allocation for high density developments. Where previous high density allocations have
been distributed and the development has not been approved, the development will
be required to proceed using the regional policy thereby acquiring a LEED
servicing allocation benefit. This allocation
benefit may be applied to another development owned by the developer or
returned to the Town for further distribution.
For distribution of new allocations the benefit of 35% will be realized
at the distribution stage, freeing up more
Real Allocation Update
In accordance with Council’s previously adopted “use it or lose it” policy, staff have reviewed all applications that have either been approved and not registered or assigned allocation by Council and not proceeded to draft plan/site plan approval. In general developments appear to be proceeding in a timely manner and, therefore staff do not recommend withdrawing any allocation at this time. Table 2 provides a summary of the real allocation update.
TABLE 2: REAL ALLOCATION UPDATE |
||||
|
Project |
Map # |
Units |
Pop. |
Remaining in Reserve |
|
|
|
3.1 |
Reconciliation |
Fairtree |
N5 |
|
-1.7 |
Box Grove |
|
|
62.9 |
|
Regional LEED approval |
Times Stringbridge ( |
H 14 |
213 apts |
483.5 |
Transfer LEED Benefit |
Leitchcroft |
G2 |
213 apts |
-483.5 |
Reduced Development |
Chiavaitti (S. Unionville) |
L2 |
16 sngls, 35 twns |
157.9 |
|
P14 |
8 twns |
22.6 |
|
Transfer |
Kennison (Mica) |
P31 |
20 apts |
-45.4 |
Jolie Home (S. Unionville) |
L15 |
28 twns, 14.8 apts |
-112.6 |
|
Additional
Development |
Tridel |
H
13 |
6
apts. |
13.6 |
Town
Project |
|
28
apts |
63.6 |
|
Total remaining in reserve |
9.6 |
The update includes: reconciliation of units, transfer of allocation from one development to another, recognition of LEED benefits and developments that have reduced or added units. The following list includes details of this redistribution:
After this redistribution of real allocation, the total remaining population is 9.6 people. Staff recommend the Town retain this amount for future in-fills and adjustments.
2011 Conditional Allocation Update
In reviewing the distribution of 2011 conditional allocation from the February 2008 report, Table 3 provides an update to this distribution.
TABLE 3: 2011 ALLOCATION UPDATE |
||||
|
Project |
Map # |
Units |
Pop. |
Remaining in Reserve |
|
|
|
210.1 |
LEED Benefit |
Angus Glen |
A5 |
42 apts |
81.7 |
Emery (Berczy) |
B7 |
65 apts |
127.1 |
|
Reduced Development |
Emery (Berczy) |
B7 |
4 apts |
9.0 |
Total Remaining |
462.0 |
Council had assigned 2011
allocation to two apartment buildings, one in Angus Glen and another in
2011/2012 (Conditional) Allocation from Region
As noted earlier, in late 2007 the
Region provided a one year supply of allocation representing 2011 growth.
The Region has applied the following conditions as part of the distribution of this allocation:
· Continue participation in water efficiency program
· Local municipal protocols include criteria supporting intensification and housing mix
· Water/sewer
reduction measures are mandatory for LEED benefit for high density
Protocol for Distribution
Based on criteria and ranking adopted by Council in December 2002 (e.g. transportation and infrastructure delivery, implementation of Markham Centre, good urban design, transit supportive, etc.) augmented by additional considerations outlined in February 2005 report (e.g. filling in holes, ready to proceed, LEED, sustainability, etc.), Staff are proposing to distribute the 2012 allocation as identified in Table 4 and in detail in Attachment “A”. Staff also gave due consideration to the request by BILD (see Attachment “B”) to distribute more allocation to low density developments and “shovel ready projects” due to market conditions.
TABLE 4
- RECOMMENDED DISTRIBUTION OF 2011/12 CONDITIONAL ALLOCATION |
|||||||||
|
Rk |
Approved 2011 Assignment (Feb 2008) |
Proposed 2011/12 Assignment (May
2009) |
Total 2011 Assignment |
LEED Benefit |
||||
Units |
Pop |
Units |
Pop |
Units |
Pop |
Units |
Pop |
||
Angus
Glen/Deacon |
4 |
244.0 |
791.3 |
131.0 |
369.4 |
375.0 |
1,160.7 |
42.0 |
95.3 |
|
4 |
398.0 |
1,055.8 |
20.0 |
74.0 |
418.0 |
1,129.8 |
65.0 |
147.6 |
Box
Grove |
3 |
-
|
-
|
- |
-
|
-
|
-
|
-
|
-
|
Cathedral |
3 |
342.3 |
1,110.1 |
620.0 |
2,294.0 |
962.3 |
3,404.1 |
-
|
-
|
404
North |
4 |
126.0 |
413.4 |
140.0 |
394.8 |
266.0 |
808.2 |
-
|
-
|
Cornell |
2 |
418.0 |
1,332.1 |
600.0 |
2,220.0 |
1,018.0 |
3,552.1 |
-
|
-
|
Greensborough |
4 |
269.9 |
998.6 |
217.0 |
802.9 |
486.9 |
1,801.5 |
-
|
-
|
Leitchcroft |
3 |
132.0 |
299.6 |
-
|
-
|
132.0 |
299.6 |
260.0 |
590.2 |
|
1 |
600.0 |
1,362.0 |
560.0 |
1,271.2 |
1,160.0 |
2,633.2 |
213.0 |
483.5 |
|
3 |
131.5 |
298.5 |
-
|
-
|
131.5 |
298.5 |
-
|
-
|
Highway
48 |
3 |
-
|
-
|
163.0 |
370.0 |
163.0 |
370.0 |
87.0 |
197.5 |
|
3 |
156.0 |
439.9 |
-
|
-
|
156.0 |
439.9 |
-
|
-
|
OPA 15 |
2 |
-
|
-
|
171.0 |
418.7 |
171.0 |
418.7 |
65.0 |
147.6 |
|
4 |
15.6 |
57.7 |
136.9 |
341.8 |
152.5 |
399.5 |
70.0 |
158.9 |
|
4 |
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
Villages
of Fairtree |
4 |
- |
-
|
-
|
-
|
-
|
-
|
-
|
-
|
Wismer
Commons |
4 |
300.0 |
1,110.0 |
768.0 |
2,627.8 |
1,068.0 |
3,737.8 |
50.0 |
113.5 |
Infill |
|
200.0 |
454.0 |
430.0 |
976.1 |
630.0 |
1430.1 |
220.0 |
499.4 |
Total |
|
3,333.3 |
9,723.0
|
3956.9 |
12,160.7 |
7,290.2 |
21,883.7 |
1,072.0 |
2,433.4 |
Permitted |
|
|
10,185.0 |
(11,700+462.0)
|
12,162.0 |
|
21,885.0 |
|
|
Remaining |
|
|
462.0 |
|
1.3 |
|
1.3 |
|
|
In considering BILD’s request staff have compared the proposed distribution with the distribution in February 2008 by type of development. Table 5 provides this comparison.
TABLE 5:
COMPARISON OF DEVELOPMENT TYPE |
||
|
Low Density Product |
High Density Product |
February 2008 |
55% |
45% |
May 2009 |
65% |
35% |
The recommended distribution is sensitive to current market conditions and the longer lead times necessary for high density products. High density developments receiving 2011/12 allocation will be closely monitored and allocation may be transferred to low density developments if high density is not advancing to permit stage.
Conditions required for 2011 distribution
Table 6 below outlines conditions attached to the 2011 allocation by development area. A number of these conditions were applied to previous allocation assignments and are noted again. Others are new with this assignment. All will be reviewed and secured through specific development approvals.
TABLE 6: CONDITIONS REQUIRED FOR 2011 DISTRIBUTION |
|
Development Area |
Condition (s) |
Angus
Glen/Deacon |
Construction
of bridge between East and |
|
|
Box
Grove |
|
Cathedral |
Funding
for the construction of the Woodbine Bypass (Phase 1 and 2A) |
404
North |
Execution
of tri-party agreement, dedication of property and funding for construction
of Woodbine Bypass (Phase 2B & 3) by June 2009 |
Cornell |
|
Greensborough |
|
Leitchcroft |
|
|
· Construction of · Front end financing of |
|
· Front end financing of Highway 7 sanitary and storm
sewer · Front end financing of |
|
|
|
Completion
of Gorvette Road & Midland Avenue Extension (completion date to be
finalized) |
|
Front
end financing of outstanding property acquisition and construction of the
balance of |
|
|
Wismer
Commons |
· Construction of the completion of · Construction
of Roy Rainey bridge by December 2009 |
The conditions and timeframes are still being finalized and will require updating at the planning application stage. Table 6 will be updated periodically as new conditions are identified and endorsed by Council through the development review/approval process.
Proposed distribution vetted through Development Services Committee and
two Developers Round Table Meetings
The proposed distribution was presented in a draft form for discussion
and comment to Development Services Committee on
A special meeting
with the Developers Round Table/BILD was convened with Council members on
Staff have considered the request to allocate more real allocation to
low density developments that are ready to proceed to building permit stage and
believe this can be done by converting high density real allocation to 2011
conditional allocation. The timelines for building permit release for
high density development with 2011 allocation is 18 months before
infrastructure completion which is July 1, 2009. At this time, the conditional allocation
becomes real. Therefore, any high
density developments with real allocation that have not released their hold
provisions, permitting building permit issuance by July 1, 2009, can be
transferred to 2011 conditional allocation, without incurring any delay in the
development approvals process. This
would free up real allocation to low density developments to proceed to
building permit stage now rather than having to wait until July 1, 2010 which
is the building permit release date for low density projects with 2011
conditional allocation. Staff have identified
in Table 7 those high density developments with real allocation that have not
released their hold provisions and which are candidates for transfer to 2011
conditional allocation.
TABLE 7: HIGH DENSITY WITH REAL ALLOCATION WHERE
HOLD PROVISION HAS NOT BEEN RELEASED |
||
Development |
Apt Units |
Population |
Mackwood/Springhill |
205.0 |
465.4 |
Times/Galleria,
Blk 49, 50 |
225.2 |
524.4 |
Golden
Place Condo |
72.0 |
163.4 |
|
52.0 |
118.0 |
Jolie
Home Inc |
42.8 |
112.6 |
Luigi
Aldorovandi |
109.0 |
247.4 |
Lee
Development Group |
231.0 |
551.9 |
Sobey's
(Treasureland) |
237.0 |
593.4 |
Anagni
Homes (History Hill) |
210.0 |
476.7 |
|
54.0 |
122.6 |
Ling Lang |
55.0 |
124.9 |
Lindvest
(Ph 1, Blk. 4)(19TM-06012) |
200.0 |
481.5 |
Remington,
CA1 |
261.0 |
592.5 |
Town
Project |
28.0 |
63.6 |
Total |
706.0 |
4,638.2 |
In summary, Table 7 indicates there are 4,638.2 people which can be
transferred from real allocation to 2011 allocation without any delay in high
density development approvals, permitting a transfer of real allocation to low
density projects potentially benefiting in a one year advancement in building
permit availability. Therefore staff
are proposing to redirect real allocation equivalent to 4,638.2 people to low
density developments and are seeking input from the trustees of development
areas as to which developments are ready to proceed to agreement stage.
Other issues identified at the special Developers Round Table meeting will be addressed in future reports.
Markham’s Challenges
In the past our challenge was
ensuring we had sufficient allocation to keep up to the market demand in
housing construction. Now that the housing
market demand has decreased,
Following the distribution of this round of allocation recommended in this report, approximately 23,400 units still remain in the system that do not have a real or 2011 conditional servicing allocation. It is anticipated that the Region will next be reporting on servicing relating to 2013 infrastructure delivery.
While there are no direct financial implications related to the specifics of this report, there are annual budgeting issues (capital and operating) resulting from servicing allocation constraints which staff continue to monitor.
Not applicable
Not applicable
Not applicable
RECOMMENDED BY:
________________________________ ________________________
Biju Karumanchery, MCIP, RPP Jim Baird, MCIP, RPP
Senior Development Manager Commissioner of Development Services
________________________________
Alan Brown, C.E.T.
Director of
Attachment “A” Detailed Tracking of 2011/12 Servicing Allocation Distribution
Attachment “B” Developer Submissions
Q:\Development\Allocation\Reports\May
19 2009.doc