KENILWORTH 鈥� 色控传媒North has plans for road urbanization projects in Mount Forest totalling nearly $3 million.听
On June 23 staff recommended cost-sharing agreements between the township and local developers for projects on Cork Street and Mount Forest Drive, but the developers are opposed the plan.
Sunvale Homes, Mamta Developments and Choice Properties complained about a lack of consultation, disputed the projects鈥� scale and cost distribution and asked council for deferrals.听
The proposed work includes road reconstruction, storm sewers, curbs, gutters and sidewalks that township staff and engineer BM Ross say are needed to support future developments.
The urbanization on Cork Street would be between Princess and Martin Streets and cost $2 million:听
- $966,250 from the township;听
- $36,750 from Aiken Custom Framing;
- $671,250 from Sunvale; and
- $261,750 from Mamta.
On Mount Forest Drive the proposed project includes $900,000 of work, from Main Street to the dead end, with the township paying $593,000 and Choice Properties $307,000.听
Council deferred decisions for both projects so staff and developers could negotiate scope and costs.
Sunvale Homes
Lawyer Amber Stewart, representing Sunvale Homes, said the company formally submitted an application for a subdivision on Cork Street in 2020, which included a traffic transportation impact study. 听
Since then, she said engineering reports 鈥渉ave clearly stated that there are adequate services in place, adequate infrastructure on Cork Street and that the development only needed to connect into these services and that there were not additional off-site transportation improvements that were required.鈥�听
The cost-sharing agreement came as 鈥渁 complete surprise鈥� to Sunvale Homes, Stewart said.
鈥淢y client wasn鈥檛 asked, wasn鈥檛 told that this cost-sharing proposal or study was in the works before it being provided to him in April of this year.鈥�
She said Sunvale Homes was not notified it would be considered during the council meeting, but heard about it through other developers.听
鈥淚f we hadn鈥檛 heard about it indirectly we wouldn鈥檛 even have known to be here to make a delegation.鈥�
She noted while previous developers have contributed to urbanization projects, they have been 鈥渕inor costs 鈥� which is what we expected as well.
鈥淭here鈥檚 a comment in the report about road widening and construction of Cork Street to urban standards and I think the question that we have is: why is a road widening required when it has not been something that鈥檚 been indicated in any of the consulting reports?鈥�
Stewart added the costs can not be attributed to Sunvale鈥檚 development, causing 鈥渃oncern from a legal perspective about the township鈥檚 ability to impose a requirement to share in costs that are not reasonable, not required to accommodate this subdivision.
鈥淚f those costs are required as a matter of development, then they should have been included in a development charges (DC) bylaw.鈥�
In Stewart鈥檚 opinion the urbanization benefits existing development, so 鈥渋t鈥檚 simply not fair, especially on a surprise basis鈥� to expect Sunvale to contribute nearly $700,000.
She said the developer is 鈥渞easonable and community-minded [and]would gladly participate in discussions with staff and with consultants to see if an appropriate and a reasonable cost-sharing arrangement can be put in place.鈥�听
If council approved the cost-sharing proposal, Stewart said Sunvale would 鈥渇ile an appeal to the [Ontario Land Tribunal].鈥�听
Stewart鈥檚 written deputation stated, 鈥淪unvale Homes is not prepared to pay for any of the proposed works identified in the BM Ross report, beyond the works that were specifically agreed as being necessary to accommodate the proposed subdivision.鈥�听
She said the township鈥檚 delay in reviewing submissions, providing comments and approving plans has 鈥済rossly delayed the delivery of much needed housing units. The fact that the anticipated 2023 build-out was not achieved is attributed in large part to the township鈥檚 delay.鈥�听
Council鈥檚 only immediate response to Stewart鈥檚 submission was from Mayor Andy Lennox, who said, 鈥淭he tone of the submission coming in for the deputation was not what I would expect from an organization that expects to cooperate.鈥�
Stewart assured council Sunvale is 鈥渓ooking to collaborate and cooperate if it can be done.鈥�
Mamta Developers听
Engineer Travis Burnside delegated on behalf of Mamta Developments.
He described a local housing shortage and noted that DCs in 色控传媒North are nearly $20,000 for a single family or semi-detached dwelling and over $15,000 for a townhouse 鈥� 鈥渃osts which are passed on to the buyer.鈥�听
鈥淭hese fees do not include any of the building permit fees or servicing costs,鈥� he said. 鈥淭he need to upgrade Cork Street is being driven by multiple developments, which therefore means this work should be funded through development charges.鈥�听
Mamta is set to pay $767,000 in DCs and Sunvale is set to pay $2.54 million, he noted. 听
鈥淭hat鈥檚 $3.25 million to the [DC] reserves that could be used on this project. We believe there鈥檚 no legal basis to request this additional funding.鈥�
He said other developers paid between $16,000 and $30,000 for urbanization work, and Mamta was expecting similar.听
鈥淭he development is within the town boundary and Mamta … was not expecting to have to pay to upgrade the roads when they purchased the property,鈥� Burnside said. 听
Once the vacant lands are developed 鈥渢he township will receive significant tax revenue,鈥� he noted.听
鈥淢any other municipalities in this market are trying to reduce costs to help housing developments get started,鈥� Burnside noted, while 鈥溕卮絅orth is proposing to add more costs on top of the [DCs].鈥�
Lennox asked Burnside and Stewart how much was appropriate for developers to pay towards urbanization, and both said they did not have a number prepared, but that it could be discussed with staff.听
鈥淢y client understands that there is a cost sharing obligation here,鈥� Stewart said, and she believes 鈥渁 mediated agreed solution … will be the most efficient path to bringing these units to the market.鈥� 听
Choice Properties
Planner Robert MacFarlane represented Choice Properties and discussed the lack of notice about the cost-sharing agreement and that it would be considered by council.
鈥淲e only became aware on Thursday of this past week of this,鈥� MacFarlane said, adding,听 鈥淭here鈥檚 no policy in the official plan that would warrant this staff report or recommendation or necessitate our client be obligated to provide the $307,000.鈥�听
MacFarlane attested DCs should be used for the work.
He said the proposed urbanization of Mount Forest Drive, which connects to agricultural lands behind Choice Properties鈥� site, 鈥渋s not grounded in an identified need.鈥�听
Council, staff discussion
Councillor Steve McCabe asked if there was 鈥渨iggle room鈥� for township staff and developers to meet and discuss the cost-sharing agreement.听
CAO Brooke Lambert said negotiations were ongoing and called the proposed agreement a 鈥渟tarting point鈥� and an 鈥渁ttempt to be as transparent and open as possible with all parties.鈥�听
She said 鈥渋f there鈥檚 an opportunity to bring all the parties involved at one time I think staff would be open to that.鈥�
McCabe asked if the costs were still negotiable and Lennox called the presented costs 鈥渟taff鈥檚 best cost estimate at this point for the total project.听
鈥淚f one or more of the developers think that they should not pay those costs then the choices are either 色控传媒North, through the tax base, pays for more, or we change the scope of the project.鈥� 听
Noting the discrepancy between the developers鈥� and township鈥檚 expectations for scope, Lennox said he鈥檚 open to deferring, though he expressed concern that would delay development.听
Some of the work is essential and often 鈥渄evelopments come into our community … without sidewalks or curbs and then we鈥檙e constantly playing catch up … I think it鈥檚 appropriate to do this at the time of development,鈥� he noted.
鈥淚 want us to get to an equitable solution too, but I don鈥檛 want to defer this and have us sit in a logjam,鈥� Lennox said.听
McCabe asked what happened that led to the developers being under-informed.
Lambert said this was 鈥渢he very first meeting we could get it to鈥� and the information couldn鈥檛 be made public before it was ready.听
鈥淲e felt it being made public at this time would be helpful for the discussions to get some direction from council听 and then continue the discussion with all parties involved,鈥� she said.
Councillor Penny Renken asked about the number of children expected to move into the developments who would use the sidewalks to walk to school, and about possible traffic calming measures.听
For the number of children, 鈥渋t depends who buys the homes,鈥� Lennox said.听
Township infrastructure and engineering manager Tammy Stevenson said staff are working on a township-wide urban traffic impact study that would include traffic calming recommendations.听
Councillor Sherry Burke declared a pecuniary interest regarding the urbanization of Cork Street, but participated in the discussion and decision around Mount Forest Drive.听
鈥淭hese folks should be brought to the table … to see how the urbanization supports their development,鈥� Burke said.听
Council discussed the need for sidewalks between Main Street and the end of Mount Forest Drive, particularly for high school students.听
Councillor Lisa Hern expressed hope 鈥渨e can come to some sort of equitable value,鈥� noting sidewalks do increase the value of homes. 听
Lennox said he doesn鈥檛 know 鈥渉ow we鈥檙e going to get from where we are today to where everybody is going to be happy. And I鈥檓 not sure we鈥檙e ever going to get where everybody鈥檚 going to be happy.
鈥淪o I鈥檓 open to the deferral … but I do hope everybody comes to the table with a constructive approach that will help us get to a solution that鈥檚 suitable, not only for the developers but also for the people of 色控传媒North.鈥�
Council voted unanimously to defer a decision on the cost-sharing agreements. 听
For Mount Forest Drive, the deferral included a note that council confirms the need for sidewalks.听
