b rownfield redevelopment for housing CASE Studies B row n f i e l d I n i t i a t i ve s E N V I RO N M E N TA L R E M E D I AT I O N A N D S I T E ENHANCEMENT (ERASE) C O M M U N I T Y I M P ROV E M E N T P L A N ( C I P ) I N I T I AT I V E Hamilton, Ontario Summary background The City of Hamilton’s ERASE Community Improvement Plan (CIP) is a comprehensive planning and financial incentive framework for promoting brownfield development in the older industrial area of Hamilton.The ERASE Plan, as its name suggests, is designed to “erase” brownfields and replace them with productive economic land uses. The historic development of the City of Hamilton—one of Canada’s major manufacturing centers—resulted in the creation of hundreds of brownfields in various parts of the city, as well as in the older industrial area. Under the ERASE CIP, the City of Hamilton offers a number of financial incentive programs to promote brownfield redevelopment.These include tax-increment financing (TIF) based grants, grants towards the costs of environmental studies (Phase II and Phase III ESA) as well as planning and development fee rebates. The City’s ERASE Municipal Property Acquisition, Investment and Partnership Program (MPAIP) targets key brownfield sites for municipal acquisition and/or partnerships with the private sector to clean up and redevelop these sites. The ERASE CIP has received provincial and national planning and economic development awards, and has been used by several other Canadian municipalities as the template for their brownfield redevelopment plans and incentive programs. Date Implemented: 2001; the ERASE CIP has been expanded to cover the urban area of the city as a whole.The City is awaiting approval of the expanded CIP from the Provincial Ministry of Municipal Affairs and Housing (MMAH). Key Outcomes: Since 2001, 10.9 hectares (27 acres) of brownfield lands have been remediated and redeveloped with the assistance of the ERASE program. Ninety three new residential units have been approved for construction. Figure 1: LIUNA Nursing Home Source: City of Hamilton, Economic Development Department Significant structural changes in the post-war Canadian economy had far-reaching implications for major steel producing and related industries in Hamilton. Employment in these industries dropped significantly over the last 25 years with many manufacturers downsizing or ceasing production altogether.These economic changes resulted in property and building deterioration and abandonment in several parts of Hamilton, including the older industrial area. Several events precipitated the introduction of the City’s ERASE Community Improvement Plan (CIP) in 2001. First, in the early 1990s the City used a risk-based approach to reclaim 16.2 hectares (40 acres) of contaminated land on the city’s Bayfront and convert the land into Bayfront Park.The park opened in 1994 and acted as a catalyst for revitalization of the adjacent residential neighbourhood. In 1997, there was a now infamous fire at a plastics recycling facility known as Plastimet.The fire caused great public concern as the site was close to a residential area. The site was cleaned by the Ministry of Environment (MOE) to industrial/commercial standards.The City then contributed funding to further clean the property; a passive community park is planned for the site. In the early 1970s, before environmental testing became the norm, the City of Hamilton purchased the vacant site of the former Greening and Donald Wire Manufacturing facility in downtown Hamilton for use as a public parking lot.When the parking lot became surplus for City use in the mid-1990s, environmental testing was conducted prior to its sale.The site was discovered to be contaminated with petroleum wastes.The estimated clean-up cost was twice the clean value of the 0.8 hectare (two-acre) site. The City was approached by a developer (LIUNA) who wished to construct a nursing home on this downtown property. A cost-sharing agreement was reached between the City and LIUNA to remediate the site.The remediation and the construction of a modern nursing home facility are now complete.The City’s contribution to the remediation costs will be eventually recouped through increased tax revenues on the property. Finally, the ERASE CIP was prepared in context of the City’s sustainable community plan (Vision 2020). Vision 2020 is supportive of urban revitalization and redevelopment that makes efficient and economical use of existing infrastructure and services. It was in this context that the City launched its formal brownfield redevelopment program in 1997 because the City realized a) the need to prevent future brownfield sites, like the Plastimet site b) the ability of brownfield redevelopment to positively affect surrounding neighbourhoods c) the need for financial incentives to promote brownfield redevelopment to return vacant and underutilized properties to full property tax revenue generators d) the role to be played by brownfield redevelopment in promoting sustainable development in the community In late 1997, a public/private sector task force known as the Industrial Redevelopment Task Force was formed to develop ways to promote brownfield redevelopment in the city’s older industrial area.This task force was comprised of 20 senior private and public sector stakeholders from the legal, finance, real estate, development, environmental consulting, engineering, planning and government sectors. With the assistance of City staff in the Economic Development Department, the task force explored financial incentives and programs used by municipalities in the U.S. to promote brownfield redevelopment.This included tax-increment financing (TIF). In 1999, City staff began liaising with MMAH staff regarding the optimal process for implementing innovative financial tools to promote brownfield redevelopment. MMAH staff indicated that developing a community improvement plan (CIP) under Section 28 of the Planning Act was an acceptable approach. In 1999, City Council authorized staff to prepare a CIP. In the fall of 1999, the City hired a Brownfield Coordinator who led development of the ERASE CIP with input and direction from the Industrial Redevelopment Task Force.The ERASE CIP was adopted by City Council and approved by the MMAH in August of 2001. Hamilton was the first municipality in Canada to adopt a comprehensive program containing financial incentives to promote brownfield redevelopment. Figure 2: LIUNA Nursing Home property, prior to development Source: City of Hamilton, Economic Development Department 2 remediation and other costs typically associated with brownfield sites.The program helps level the financial playing field between greenfield and brownfield sites. These grants are funded through the tax increase that results from redevelopment of the property. Therefore, the grant is only available for projects that actually create an increase in assessment and property taxes. The costs for the following activities are eligible Figure 3: Hamilton’s ERASE CIP area. Source: City of Hamilton, Economic Development Department • environmental remediation • environmental studies not paid for by the Environmental Study Grant (ESG) Program (see below) demolition site preparation, including construction or upgrading of on-site public works, such as, water services, private sanitary and storm drains, and private sewers • • Program Description and Goals The ERASE CIP is a comprehensive planning and financial incentive framework for promoting brownfield development in the older industrial area of Hamilton, which encompasses 1,376 hectares (3,400 acres).The main goal of the Plan is to improve the area’s economic opportunities and environmental conditions. The ERASE Plan also proposes other goals as they pertain to the ERASE Community Improvement Project Area, and the community as a whole.These include • • • • • • • • • retaining, expanding and attracting industrial and commercial uses increasing property tax revenues for the City of Hamilton and the Province of Ontario retaining and increasing employment opportunities reducing urban sprawl and its related costs improving the physical and visual quality of the area improving environmental health and safety increasing the provision of city core housing opportunities increasing the provision of waterfront access and recreational opportunities stimulating private investment activity and private property maintenance The ERASE Plan offers three financial incentive programs directed at the private sector designed to encourage remediation and redevelopment activity on brownfield sites. 1) ERASE Redevelopment Grants are tax-increment financing (TIF) based grants offered to those undertaking brownfield development to help pay The ERASE Redevelopment Grant (ERG) equals 80 percent of the municipal portion of the increase in property taxes that results from the redevelopment, payable in the form of an annual tax rebate for up to 10 years.This tax rebate is paid after property taxes have been paid in full each year.The other 20 per cent of the municipal tax increment is dedicated to the Municipal Property Acquisition, Investment and Partnership Program (MPAIP) (see below). ERG payments cease when the total amount of grant payments equals the total value of work done under eligible programs costs. The grant can be assigned by the developer/owner and is transferable upon sale of the property, subject to City approval. Grant applications must be accompanied by documentation supporting the estimated costs.This includes • • Phase II and/or Phase III Environmental Site Assessments (ESAs) eligible demolition and servicing works These estimated costs are used to calculate an approximate total grant amount.The actual amount of the grant is calculated based on the actual costs and property tax increase after project completion. Successful applicants are required to enter into an agreement with the City.This legal agreement specifies the terms and conditions of the grant, provisions relating to the owner, the City, and default and remedies.The purpose of this agreement is to protect the legal, financial and planning interests of the municipality. 3 The ERG is an application-based program, with applications processed on a first come first serve basis.All applications and supporting materials are reviewed by City staff against program eligibility requirements.The ERG is only offered for certain types of land uses, depending on location within the older industrial area.This helps to ensure that the City is not using this financial incentive to promote projects that do not conform to the City’s long-term land use goals. Once the remediation is complete, applicants must demonstrate that the eligible property has been appropriately remediated for the proposed use.This is normally done by submitting a Record of Site Condition (RSC) to the Ministry of Environment (MOE).This RSC must be acknowledged by the MOE. iii) acquire and redevelop key privately owned brownfield sites iv) fund brownfield pilot projects (public-private partnerships) to clean up and redevelop privately and publicly owned brownfield properties v) educate and inform the public about the importance of brownfield redevelopment The ERASE MPAIP program also allows the City of Hamilton to successfully access brownfield feasibility study and remediation funding available from the Federation of Canadian Municipalities (FCM) Green Municipal Funds1. 2) ERASE Environmental Study Grants (ESG) pay for up to one-half of the costs of environmental studies (Phase II or III ESA), up to $10,000 per study and $20,000 per property.This grant program aims to promote the undertaking of environmental studies so that more and better information is available regarding the type and extent of contamination and the cost of remediation.The lack of this type of information is a key stumbling block to the redevelopment of brownfield properties. Applicants receive the grant following submission of the completed study to the City and proof that the environmental consultants who completed the study have been paid in full. City staff reviews all applications materials against program eligibility requirements. Applications for the ESG Program are approved at the staff level and do not require Council approval. 3) ERASE Planning and Development Fee Rebates provide a series of planning and development fee rebates for projects completed on remediated brownfield sites. This program was discontinued in 2004 because it had been sparingly used and was seen as playing a very minor role in inducing brownfield redevelopment in comparison to the ERG and ESG programs. The ERASE CIP also includes two other programs. 1) The ERASE Municipal Property Acquisition, Investment and Partnership Program (MPAIP) is a proactive municipal program that targets key brownfield sites for municipal acquisition and/or partnerships with the private sector for clean-up and redevelopment. Through the MPAIP the City aims to lead by example and showcase innovative approaches to site remediation and innovative remediation technologies. Under the ERASE MPAIP Program, the City of Hamilton may i) ii) clean up and redevelop municipally owned brownfield properties conduct environmental site assessments The ERASE MPAIP program provides a source of funding for the City to conduct environmental investigation and/or remediation on municipally owned or private/public brownfield projects.This allows the City to act as a lead applicant or municipal government partner when applying to the FCM for funding to conduct environmental studies, risk assessments or economic feasibility studies (Green Municipal Enabling Fund) and/or funding to undertake remediation in relation to a municipally owned or sponsored brownfield redevelopment project (Green Municipal Investment Fund).The ERASE MPAIP Program will be maintained as long as the ERG Program continues. 2) The ERASE Redevelopment Opportunities Marketing and Data Base Program is a municipally sponsored marketing program to educate the development and real estate industries, and to support professionals on the programs available through the ERASE CIP and redevelopment opportunities available in the older industrial area. A marketing brochure provides basic information on the ERASE CIP Programs. Access to this brochure and program contact information is also provided on the City’s website.To publicize the availability of the ERASE programs, the City launched an aggressive marketing program to local and external developer, environmental, legal and planning professionals.The City also monitors the impact and results of each development participating in the ERASE programs (see Program Response). The ERASE CIP contained recommendations regarding two complementary policy changes. A review and revision of tax collection procedures on abandoned and contaminated properties was undertaken with the goal to develop a policy to encourage the transfer of such properties into the hands of bona-fide developers.The changes to the 1 Information on the Green Municipal Funds can be found on FCM’s website, http://kn.fcm.ca/ 4 Municipal Act introduced by the Province’s Brownfields Statute Law Amendment Act, give municipalities enhanced powers with respect to conducting environmental investigations on failed tax sale properties, without incurring regulatory liability. A five-year protection window from regulatory liability has also been given, should the municipality choose to vest (take ownership) of a failed tax sale property.The City of Hamilton was one of the first Ontario municipalities to develop a standardized policy on the treatment of potentially contaminated properties that fail tax sale.This policy has successfully facilitated the transfer of abandoned brownfield properties into the hands of new owners who are currently rehabilitating the properties for future productive uses. The ERASE CIP also recommended that the City develop a program to reduce development charges for brownfield redevelopment projects to promote the reuse of environmentally impaired properties that are fully serviced. As part of the City’s review of its development charges bylaw in 2004, the City approved a program to reduce development charges on brownfield redevelopment projects by the eligible costs of remediation approved under the ERG program. Applicants approved for an ERG under the ERASE CIP will have the option of applying the costs of environmental remediation against the development charges payable, instead of receiving a repayment of these costs through the annual tax-increment grant.Applicants choosing this option will have the amount of eligible remediation costs that is applied against development charges payable deducted from eligible costs under the ERG program. As the development charge reduction is an up-front cost savings to the developer, as opposed to a cost-savings spread over time, it is expected that many developers will elect to apply the remediation cost component of their approved ERASE redevelopment grants against their development charges payable. Program Response Response to the programs offered under the ERASE CIP has been positive.To the end of 2003, the ESG program had provided a total of $43,000 in grant funding for six environmental studies conducted on four properties (four Phase II ESAs and two Phase III ESAs). One of these properties has been redeveloped and two other properties are currently proposed for redevelopment. By the end of 2003, five projects had been approved for an ERG. A sixth project known as Hamilton Beaches was provided with a pilot project grant under the ERASE MPAIP 2.This project will result in the remediation of a former gasoline/automobile service station and construction of 93 new residential units on this site. Figure 4:The Hamilton Beaches development Source: Lorne Haverty, architect Once complete, the six projects that were awarded ERASE Redevelopment Grant or Pilot Project funding will result in a) total construction expenditures in excess of $63,000,000 b) remediation and redevelopment of 10.9 hectares (27 acres) of formerly vacant and underutilized brownfields c) construction of 93 new residential units d) construction and refurbishment of over 27,870 m2 (300,000 sq. ft.) of industrial/commercial space e) one hundred new full-time jobs f) an increase in long-term annual property tax revenues of approximately $1,000,000 In less than three years, the ERASE CIP has successfully provided the financial tools needed to promote the remediation and redevelopment of brownfield sites in the older industrial area of Hamilton.The existing ERASE CIP, which applies only to this area of Hamilton has been expanded to include the rest of the urban area of the city and awaits only MMAH approval prior to implementation. Applications have been filed for two high-density residential development projects containing several hundred units in anticipation of the expansion of the ERASE CIP. 2 For more information, see the CMHC Brownfield Redevelopment Case Study on The Hamilton Beaches, Hamilton, Ontario which can be found at: www.cmhc-schl.gc.ca/ en/imquaf/hehosu/sucopl/sucopl_008.cfm 5 The City of Hamilton ERASE CIP has won numerous provincial and national planning and economic development awards. Among these include Program Cost The City of Hamilton originally budgeted • • • • $100,000 per year for five years for the ESG program $45,000 per year for five years for the ERASE Planning and Development Fee Rebate Program $500,000 in the capital budget for the MPAIP a one-time budget item of $30,000 for marketing the ERASE programs This represents a total initial budget commitment of $1,255,000. Considering that without the ERG program, a project would likely never be initiated, and the pre-project assessment and taxes would continue to prevail on the property, then there is no actual loss of tax revenue to the City under this program.The annual grant paid to the applicant is paid out of the tax increase generated by the development taking advantage of the ERG program. Therefore, the ERG program is a budget flow-through item. To the end of 2003, the City had committed a total of approximately $2,500,000 in ERASE Redevelopment Grant funding in the form of • • • $43,000 in ERASE Environmental Study Grants $175,000 pilot project grant under the MPAIP $2,282,000 in ERASE Redevelopment Grants • 2002 Economic Developers Association of Canada (EDAC)/Royal Bank Economic Development Achievement of the Year Award • 2001 Economic Development Council of Ontario (EDCO) Award of Excellence • 2001 Canadian Urban Institute (CUI) Brownie Award for Leadership in Program Implementation • 2001 Ontario Professional Planners Institute (OPPI) Outstanding Planning Achievement Award Contact Information Mr. Peter Minkiewicz4 Business Development Consultant/Brownfield Coordinator City of Hamilton, Economic Development Department 1 James Street South, 8th Floor Hamilton, ON. L8P 4R5 Telephone: (905) 546-2424, extension 5363 E-mail: [email protected] For further information on the ERASE program, see: http://www.hamilton.ca Program Evaluation The results of the ERASE programs have been monitored since inception of the programs in 2001, with annual reporting of progress to City council. Monitoring has also allowed revisions to some of the programs and administration procedures. The ERASE CIP was the first comprehensive municipal brownfield redevelopment plan in Canada to offer financial incentives over a large scale area. It has been used as a template by several other municipalities in Ontario, such as Guelph and Brantford, to develop similar brownfield redevelopment plans and programs.The City of Edmonton is also developing a proposal to provide tax incentives, broadly based on Hamilton’s ERASE CIP 3. 4 Contact information for former Brownfield Coordinator and Architect of the Hamilton ERASE CIP is: Luciano Piccioni, President RCI Consulting 28 Woodbridge Road Hamilton, ON. L8K 3C7 Telephone: (905) 545-1899 E-mail: [email protected] 3 Dahme, H. (2002).“Current Trends in Legislation in Canada”. Gowlings. Presentation to the CUI Brownfields Conference, October 17, 2002,Toronto, Ontario 08-05 OUR WEB SITE ADDRESS: www.cmhc.ca Although this information product reflects housing experts’ current knowledge, it is provided for general information purposes only. Any reliance or action taken based on the information, materials and techniques described are the responsibility of the user. Readers are advised to consult appropriate professional resources to determine what is safe and suitable in their particular case. Canada Mortgage and Housing Corporation assumes no responsibility for any consequence arising from use of the information, materials and techniques described. 6
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