CITY OF VANCOUVER

REGULAR COUNCIL MEETING MINUTES
STANDING COMMITTEE OF COUNCIL ON
PLANNING AND ENVIRONMENT

JANUARY 28, 1999

A Regular Meeting of the Council of the City of Vancouver was held on Thursday, January 28, 1999, at 5:00 p.m., in Committee Room No. 1, Third Floor, City Hall, following the Standing Committee on Planning and Environment meeting, to consider the recommendations of the Committee.

PRESENT:	Mayor Philip Owen Councillor Nancy A. Chiavario Councillor Jennifer Clarke Councillor Alan Herbert Councillor Daniel Lee Councillor Don Lee Councillor Gordon Price Councillor George Puil Councillor Sam Sullivan
ABSENT:	Councillor Don Bellamy (Leave of Absence) Councillor Lynne Kennedy (Civic Business)
CITY MANAGER'S OFFICE:	Judy Rogers, City Manager
CLERK TO THE COUNCIL:	Tarja Tuominen

COMMITTEE OF THE WHOLE

MOVED by Cllr. Clarke ,
SECONDED by Cllr. Puil,

THAT this Council resolve itself into Committee of the Whole, Mayor Owen in the chair.

- CARRIED UNANIMOUSLY

COMMUNICATIONS

1. FCM Resolutions

MOVED by Cllr. Chiavario,

THAT the following resolutions, as recommended by the Lower Mainland Treaty Advisory Committee, be submitted for the FCM Annual Conference, June 4-7, 1999:

FCM Resolution A

WHEREAS tripartite treaty negotiations under the British Columbia Treaty Commission process are under way in many areas of the province;

AND WHEREAS these negotiations have the potential to significantly alter the manner in which many Local Government services are delivered;

AND WHEREAS the Memorandum of Understanding (March 22, 1993) and Protocol Agreement (September 19, 1994) signed between the Province and UBCM commit the Province to "...insuring that the B.C. municipalities are represented in the negotiating treaties as respected advisors of provincial negotiating teams...";

THEREFORE BE IT RESOLVED THAT the Federation of Canadian Municipalities request the Province of British Columbia ensure that, in keeping with the Memorandum of Understanding and the Protocol Agreement, all documents signed at and developed for treaty negotiation tables are developed with the inclusion of Local Government input.

FCM Resolution B

WHEREAS tripartite treaty negotiations under the British Columbia Treaty Commission process are under way in many areas of British Columbia;

AND WHEREAS the resulting treaty settlements will have the potential to significantly alter the existing social, political and economic fabric of the province;

AND WHEREAS residents of the province have the right to be kept apprised of the interests and positions their governments are representing on their behalf through an open and accessible negotiation process;

COMMUNICATIONS (CONT'D)

FCM Resolutions (Cont'd)

AND WHEREAS the Province of British Columbia has committed to a level of openness in negotiations through the public disclosure of negotiating mandates and the government of Canada has not;

THEREFORE BE IT RESOLVED THAT the Federation of Canadian Municipalities request the Minister of Indian and Northern Affairs Canada commit to a truly open negotiation process in British Columbia, including the public disclosure of federal negotiating mandates.

FCM Resolution C

WHEREAS tripartite treaty negotiations under the British Columbia Treaty Commission process are under way in many areas of British Columbia;

AND WHEREAS these negotiations have the potential to significantly alter the manner in which many Local Government services are delivered;

AND WHEREAS the Memorandum of Understanding (March 22, 1993) and Protocol Agreement (September 19, 1994) signed between the Province and UBCM commit the Province to "...ensuring that B.C. municipalities are represented in the process of negotiating treaties as full members of provincial negotiating teams...";

AND WHEREAS in a number of negotiations the federal government has not acknowledged the important role for Local Government therein and has not been supported meaningful Local Government participation;

THEREFORE BE IT RESOLVED THAT the Federation of Canadian Municipalities request the Minister of Indian and Northern Affairs Canada to acknowledge the important role of Local Government in the negotiation of urban treaties in British Columbia, and that the Minister direct the federal negotiations to support the meaningful participation of Local Government in negotiations.

COMMUNICATIONS (CONT'D)

FCM Resolutions (Cont'd)

FCM Resolution D

WHEREAS under section 91 of the constitution Act, the federal government has authority to make laws in relation to "Indians, and lands reserved for Indians";

AND WHEREAS the federal government continues to negotiate and implement agreements with Aboriginal groups across Canada on a wide variety of issues, including land management, the removal of land tax registries, additions to reserves, and self governments;

AND WHEREAS these agreements often have significant implications for adjacent communities and Local Governments;

AND WHEREAS these agreements continue to be negotiated without participation of, or consultation with, affected communities and Local Governments;

THEREFORE BE IT RESOLVED THAT the Federation of Canadian Municipalities request the Minister of Indian and Northern Affairs Canada commit to the meaningful involvement of communities and of Local Governments in the negotiation and implementation of agreements with Aboriginal groups which will have implications for local communities.

- CARRIED UNANIMOUSLY

COMMITTEE REPORTS

Report of Standing Committee
on Planning and Environment
January 28, 1999

Council considered the recommendations of the Committee, as contained in the following clauses of the attached report:

Cl.1: Significant Rezoning Applications
Cl.2: Interim City-wide Development Cost Levy (DCL) By-law and

Interim City-wide Community Amenity Contribution (CAC) Policy

COMMITTEE REPORTS (CONT'D)

Clauses 1 and 2
MOVED by Cllr. Clarke,

THAT the recommendations of the Committee, as contained in Clauses 1 and 2 of this report, be approved.

- CARRIED UNANIMOUSLY

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Cllr. Clarke ,

THAT the Committee of the Whole rise and report.

- CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Cllr. Clarke,
SECONDED by Cllr. Puil ,

THAT the report of the Committee of the Whole be adopted.

- CARRIED UNANIMOUSLY

The Council adjourned at 5:05 p.m.

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REPORT TO COUNCIL

STANDING COMMITTEE OF COUNCIL
ON PLANNING AND ENVIRONMENT

JANUARY 28, 1999

A Regular Meeting of the Standing Committee of Council on Planning and Environment was held on Thursday, January 28, 1999, at 2:00 p.m., in Committee Room No.1 , Third Floor, City Hall.

PRESENT:	Councillor Jennifer Clarke, Chair Mayor Philip Owen Councillor Nancy A. Chiavario Councillor Alan Herbert Councillor Daniel Lee Councillor Don Lee Councillor Gordon Price Councillor George Puil Councillor Sam Sullivan
ABSENT:	Councillor Don Bellamy (Leave of Absence) Councillor Lynne Kennedy (Civic Business)
CITY MANAGER'S OFFICE:	Judy Rogers, City Manager
CLERK TO THE COMMITTEE:	Tarja Tuominen

ADOPTION OF MINUTES

The Minutes of the Standing Committee on Planning and Environment meeting of January 7, 1999, were adopted.

RECOMMENDATION

1. Significant Rezoning Applications File: 5302

The Committee had before it a list of significant rezoning applications, prepared by the Planning Department.

Lynda Challis, Planner, briefly reviewed the application by Jerry Doll, Neale Staniszkis, Doll, Adams Architects to rezone 1055 West 41st Avenue (Louis Brier) from RS-5 to CD-1. Issues include: height, setback, landscape and tree retention, and relationship of the new building to the adjacent residential buildings.

Jonathan Barrett, Planner, briefly reviewed the application by Raymond Ching to amend the CD-1 zoning at 1088 Marinaside Crescent. Issues include: street-end views, extent of marina across the harbour headline and location of structures over the water.

The following motion by the Mayor was put and carried. The Committee, therefore,

RECOMMENDED

THAT the list of Significant Rezoning Applications, prepared by the Planning Department, be received for information.

- CARRIED UNANIMOUSLY

2. Interim City-wide Development Cost Levy (DCL) By-law

and Interim City-wide Community Amenity
Contribution (CAC) Policy File: 1755

The Committee had before it a Policy Report dated January 20, 1999 (on file), in which the Director of City Plans, in consultation with the General Manager of Corporate Services, General Manager of Parks & Recreation, Manager of Real Estate Services, and the Manager of the Housing Centre, recommend implementing an interim city-wide DCL By-law and CAC policy. The interim city-wide program is recommended to remain in effect until a broader review is completed, or area-specific public benefit strategies are prepared. The recommended financing actions will begin the collection of development charge revenue to offset anticipated growth costs.

Clause No. 2 Continued

The Director of City Plans also submitted the following for consideration:

(D) THAT, if Council wishes to retain the option of negotiating a portion of the increase in land value due to rezoning for a broader range of sites, Council could amend C1ii to read:

C1. ii Non-Standard rezonings (i.e., sites larger than 2 acres, change of industrial to residential use, or sites where a doubling of the allowable floor space or more is proposed) be reported to Council for direction as to whether to apply a flat rate approach, or a percentage of increased value approach, with the CAC as two-thirds (67%) of the increase in value based on a land appraisal before and after rezoning, or equivalent desired public benefits in-kind.

(E) THAT, due to current economic conditions, the City not proceed with an interim city-wide DCL by-law and/or CAC policy pending completion of the Financing Growth Review.

Ann MacAfee, Director of City Plans, and Randy Pecarski, Planner, reviewed the report, with the aid of an overhead slide presentation, and responded to questions. Ms. MacAfee distributed copies of a Memorandum dated January 28, 1999 (on file), advising of additional changes to the body of the Policy Report and to the appendices. The changes are needed to ensure internal consistency with the changes noted in italics in the report, and to ensure accurate information is provided to the public.

The following spoke in support of Recommendation E (see above):

· Ricardo Nardelli, Director, Urban Design Institute
· Robert Turecki, Vancouver Planning Coalition
· Peter Simpson, Greater Vancouver Home Builders' Association
· Eric Martin, Bosa Development Corporation
· Jim Moodie

Clause No. 2 Continued

The foregoing speakers points are summarized as follows:

· the proposed levies and charges will have a negative overall effect by stifling development;
· if the staff study can be completed in 12 to 15 months, postpone the introduction of the levies until the study is completed and the new 3-year Capital Plan can be introduced;
· if Council decides to introduce the interim levies, the proposed six month grace period should be extended;
· the industry is opposed to a pro-forma method of calculation as part of a negotiated approach for non-standard rezonings;
· the proposed long-term CAC program should be augmented with a review of City standards and services to evaluate whether the standard and need for the amenities has changed;
· the levies are a form of taxation and will have a negative effect on small or medium-sized developments;
· the Financing Growth study should be done by private consultants not staff; and
· if implemented, DCLs and CACs should apply to everyone.

The following spoke in support of the recommendations to implement interim DCL's and CAC's:

· Michael Geller
· Trude Laboissiere Huebner, Community Association Presidents
· David Garfinkle, Mount Pleasant resident
· Charles Wertman

The foregoing speakers' points are summarized as follows:

· a city-wide policy is a more equitable way to add growth; it is better to spread the levies across the board rather than trying to get levies from a few;
· it is a good time to bring in the levies at a slow time; when development picks up everyone will know what to expect;

Clause No. 2 Continued

· if the recommendations are approved, the City is requested to make sure the word gets out to other municipalities;
· new residents expect to be included and demand the same services from Community Centres; various Centres need upgrading; the DCLs and CACs are needed to fund recreation;
· currently, there is an inconsistent application of DCLs; the proposed city-wide policy will build upon existing priorities;
· the proposed charge of $1 per square foot for industrial property will drive out industry from Vancouver; and
· why should only new property owners pay?

The following motion by Councillor Puil was put and carried. The Committee, therefore,

RECOMMENDED

A. Interim City-wide DCL By-law Recommendations

A1. THAT Council adopt a policy to implement Development Cost Levies (DCLs) city-wide, subject to a report back by the Director of City Plans and Director of Legal Services to address existing DCL By-law Districts and Official Development Plans, CD-1s, and policy areas, that already have approved public benefit strategies.

FURTHER THAT the interim DCL remain effective until the financing growth review is completed or until area-specific DCL by-laws are adopted.

A2. THAT the 1999 rate for collection of Development Cost Levies (DCLs), in the interim city-wide District, be set at $2.50 per square foot ($26.91 per square metre) for all uses except as follows:

· all non-residential uses in industrial zones be set at $1.00 per square foot ($10.76 per square metre), and
· daycare and school use be set at $0.51 per square foot ($5.49 per square metre).

Clause No. 2 Continued

A3. THAT the Director of City Plans, in consultation with other departments, report back on the proposed allocation of levy proceeds.

A4. THAT following the report back on District boundaries and allocation of proceeds, the Director of Legal Services be instructed to report back with the by-law for enactment.

A5. THAT staff notify the development industry and the general public of the pending by-law, as summarized in Appendix A of the Policy Report dated January 20, 1999, and as amended in the Memorandum dated January 28, 1999, from the Director of City Plans.

A6. THAT the interim city-wide DCL be effective 12 months after adoption of Recommendation A2 to allow a grace period for development in process.

(italics denote amendment)

B. Interim City-wide CAC Policy Recommendations

B1. THAT the current negotiated approach for rezonings be replaced by an interim city-wide Community Amenity Contribution (CAC) policy, as described in the Policy Report dated January 20, 1999, and amended in the Memorandum dated January 28, 1999, from the Director of City Plans, for privately-initiated rezonings, including text-amendments for additional floor area or units, where the CAC is applied to the net increase in allowable floor space, as follows:

i. Standard rezonings provide a flat rate CAC of $3.00 per square foot ($32.29 per square metre) on the increase in allowable floor space or an equivalent value of in-kind desired public benefits.

ii. Non-Standard rezonings (i.e., sites 10 acres or larger, or change from industrial to residential use) be reported to Council for direction as to whether a flat rate or a negotiated approach to provide desired public benefits should be applied.

Clause No. 2 Continued

FURTHER THAT the interim city-wide CAC policies in Appendix B of the Policy Report dated January 20, 1999, and amended in the Memorandum dated January 28, 1999, from the Director of City Plans, be adopted, and remain in place until completion of the financing growth review, or until area-specific public benefit strategies are adopted.

B2. THAT the interim city-wide CAC policy applies to all privately-initiated rezonings outside existing DCL Districts, Major Projects, and policy plan areas that already have adopted CAC policies.

B3. THAT the interim city-wide CAC policy exempt: text amendments where no increase in floor space or units are proposed, social housing, churches, and floor area or bonus area related to heritage preservation.

B4. THAT the interim city-wide CAC policy applies to all rezoning applications received after Council referral of the above recommendations to Committee on December 8, 1998.

B5. THAT staff notify the development industry and the general public of the new policy.

- CARRIED UNANIMOUSLY

The following motion by Councillor Price was put and carried. The Committee, therefore,

RECOMMENDED

C. THAT the work program for the Financing Growth Review, include a request for a Charter amendment to eliminate the DCL exemption for projects with less than four units.

- CARRIED UNANIMOUSLY

The meeting adjourned at 5:00 p.m.

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(c) 1998 City of Vancouver