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HomeMy WebLinkAboutFIN 26-19PICKERING Report to Council Report Number: FIN 26-19 Date: December 16, 2019 From: Stan Karwowski Director, Finance & Treasurer Subject: Trillium Housing Oak Non -Profit Corporation - Request to Defer Payment of Development Charges Recommendation: 1. That Report FIN 26-19 of the Director, Finance & Treasurer be received; 2. That, pursuant to By-law 7595/17: a) the request by Trillium Housing Oak Non -Profit Corporation to defer the payment of the City's share of Development Charges estimated to be $2,620,000 prior to any increase in any Development Charge Fees and the deferral be to December 14, 2020 be approved; b) that Trillium Housing Oak Non -Profit Corporation be required to enter into a Development Charge Deferral Agreement with the City on terms satisfactory to the Director, Finance & Treasurer and the Director, Corporate Services & City Solicitor; 3. That Council direct staff to develop a Development Charge deferral payment strategy for Trillium Housing Oak Non -Profit Corporation for the City Share Development Charge payments with an effective start date of December 15, 2020 that meets the legislation and regulations of the day; and 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: During the last federal election, all of the major political parties recognized the need to address and/or provide affordable housing. Today, there is a need in Pickering/Durham Region to provide affordable housing. In order to assist Trillium Housing Oak Non -Profit Corporation (Trillium), it is proposing to build a 212 entry level town houses (2 phases) and to provide affordable financing for up to 100 income -eligible buyers. Trillium is asking the City to defer payment of FIN 26-19 December 16, 2019 Subject: Trillium Housing Oak Non -Profit Corporation - Request Page 2 to Defer Payment of Development Charges development fees from building permit issuance to 120 days after first occupancy of each phase. Bill 108, More Homes, More Choice Act, 2019, received Royal Assent on June 6, 2019. It is anticipated that Bill 108 will become fully proclaimed as of January 1, 2021 based on draft regulations. Under Bill 108, changes were made to the Development Charges Act, whereby soft services currently charged in the existing development charge fee such as recreation, libraries and studies will no longer be part of the development charge but instead will form part of the new Community Benefits Charge or CBC. The City's work plan is to introduce the CBC By-law and revised Development Charge at the December 14, 2020 Council meeting. Therefore, Recommendation 2a) will meet the goal of deferring the Development Charge payments under the old legislation until Council passes or adopts the new CBC By-law and revised Development Charge By- law that is anticipated to be December 14, 2020. Recommendation 3 fulfills the spirit and/or intent of the City to support the deferral of Development Charge payments for Trillium based on legislation and regulations applicable to at that time. Unfortunately, the regulations that relate to the CBC haven't yet been issued by the Province and that is why the City has to adopt this two-step process. Under recommendation 2a), the deferral will not result in any reduction in the amount of the development charges paid to the City by Trillium. Financial Implications: Deferral of the payment of development charges will not result in any loss of Development Charge revenue for the City. There will be no requirements to secure the deferral. The deferral of development charges delays the receipts of revenue and impacts the cash flow position of the Development Charge reserve funds. Discussion: The Council of the City of Pickering adopted Report FIN 28-17 of the Director, Finance & Treasurer on the 2017 Development Charges Study and enacted By-law No. 7595/17 of the City's current Development Charge By-law. The Development Charge By-law requires payment of development charges prior to issuance of a building permit. Typically, a municipality will consider a request to defer the payment of development charges when it is in the broader community interest to do so. The Trillium proposal meets this test. FIN 26-19 December 16, 2019 Subject: Trillium Housing Oak Non -Profit Corporation - Request Page 3 to Defer Payment of Development Charges The Trillium Housing model was created 5 years ago. It is a unique process that brings housing affordability within conventional housing developments. Trillium Housing Oak Non -Profit Corporation has 3 principals and outsources activities like mortgage brokerage and sales teams. In addition, their developer partner VanMar has been in the construction business for over 30 years, and currently has well over 1,000 housing units in production. The 3 principals have over 100 years in combined experience in housing development, finance, construction and management. The 3 principals have also had leadership positions in organizations such as Mainstay Housing, Toronto Community Housing and Canadian Mortgage Housing Corporation. During 2020, staff in conjunction with Watson & Associates will continue to monitor the legislation and/or regulations as they pertain to Development Charges and/or the CBC to ensure that the City's Development Charge deferral for this project meets current and future legislative requirements. Staff have also informed Trillium that they should also continue to monitor the applicable legislation to identify new opportunities and to ensure that they are aware of any and all possible legislative changes that may impact their project. Attachments: None Prepared/Approved By: Start Karwowski, MBA, CPA, CMA Director, Finance & Treasurer Recommended for the consideration of Pickering City Council Tony Prevedel, P.Eng. Chief Administrative Officer