Amendment to Development Cost Levy By-law No. 8149

ADMINISTRATIVE REPORT

Date: February 7, 2001
Author/Local: H. Weidner/6538

RTS No. 1897

CC File No. 113

Council: February 20, 2001

TO:

Vancouver City Council

FROM:

Director of City Plans in consultation with Director of Legal Services

SUBJECT:

Amendment to Vancouver Development Cost Levy By-law No. 8149:
Definition of "industrial zone"

RECOMMENDATION

THAT the Vancouver Development Cost Levy (DCL) By-law No. 8149 be amended to include the area zoned Still Creek CD-1 (249) as an industrial zone for the purposes of that by-law.

GENERAL MANAGER'S COMMENTS

The General Manager of Community Services RECOMMENDS approval of the above Recommendation.

COUNCIL POLICY

On January 28, 1999, Council approved implementing the Vancouver Development Cost Levy By-law (hereinafter referred to as the "DCL By-law"), which took effect January 28, 2000. In the DCL By-law, rates for development in the City are:

- $2.50 per sq. ft. ($26.91/ m²) for most uses (e.g., residential, commercial);
- $1.00 per sq. ft. ( $10.76/ m²) for non-residential uses in industrial zones; and
-$0.51 per sq. ft. ($5.49/m²) for daycare or school use.

The DCL By-law defines an "industrial zone" as a Zoning District which is designated by Section 9.1 of the Zoning and Development By-law as "Industrial".

PURPOSE

This report recommends an amendment to the DCL By-law to include the Still Creek CD-1 District within the definition of "industrial zone" for the purpose of assessing DCL rates.
Should Council approve this recommendation, a draft by-law amendment is included for enactment later today (Appendix A).

BACKGROUND

Section 523D of the Vancouver Charter enables Council to establish DCLs where anticipated development will contribute to the need for one or more capital projects. Capital projects include: sewer, water, drainage and highway facilities; providing and improving park land; daycare facilities; and, replacement housing. When the DCL By-law was enacted approximately one year ago, the rate for non-residential uses in industrial zones was set at $1.00 per square foot ($10.76 per square metre) compared to $2.50 per square foot ($26.91 per square metre) for most uses in non-industrial zones. Only the industrial district schedules (e.g., I-1, I-2, M-1 etc.) were included in the definition of industrial zones.

DISCUSSION

A development application by the Vancouver Film Studios for a new building in the Still Creek CD-1 District has brought to light an issue that had not been considered in the DCL By-law. The Still Creek CD-1 District, although not included in the DCL By-law definition of "industrial zone", is actually an industrial district where developments are subject to the Still Creek Guidelines. Therefore unlike most other CD-1s, the Still Creek CD-1 confers no special permissions but includes property owner obligations to respect Still Creek. Because this CD-1 area was not included under the industrial zone definition in the DCL By-law, new industrial developments in the Still Creek CD-1 zone would be required to pay the higher non-industrial DCL rate. Staff are recommending that this anomaly be corrected now by amending the DCL By-law as set out in Appendix A attached.

CONCLUSION

Because the Still Creek CD-1 zoning confers only rights consistent with the current DCL By-law definition of "industrial zone", staff recommend the DCL By-law be amended to set the levy for non-residential uses within that area at $1.00 per square foot ($10.76 per square metre).

- - - - -

APPENDIX A

EXPLANATION

Development Cost Levy By-law
Regarding Definition of "Industrial Zone"

Council will have before it today a Report from the Director of City Plans containing a Recommendation to amend the Vancouver Development Cost Levy By-law to include the area zoned Still Creek CD-1 as an industrial zone. If that Recommendation is adopted it can be implemented by enactment of the attached by-law.

Director of Legal Services
6 February 2001

BY-LAW NO. ______

A By-law to amend By-law No. 8149
being the Vancouver Development Cost Levy By-law

THE COUNCIL OF THE CITY OF VANCOUVER, in open meeting assembled, enacts as follows:

1. Section 2 of By-law No. 8149 is amended by deleting subsection (d) and substituting therefor the following:

"(d) "Industrial zone" means:

(i) a Zoning District which is designated by Section 9.1 of the Zoning and Development By-law as "Industrial"; and

(ii) those lands rezoned to CD-1 by By-law 6654 and shown heavy outlined on the plan attached thereto as Schedule "A", provided the permitted uses are only those set out in By-law 6654 on the date of its enactment, April 24, 1990;"

2. This By-law comes into force and takes effect on the date of its passing.

DONE AND PASSED in open Council this ___ day of February, 2001.

________________________
Mayor

________________________
City Clerk

* * * * *

Comments or questions? You can send us email.


TO:	Vancouver City Council
FROM:	Director of City Plans in consultation with Director of Legal Services
SUBJECT:	Amendment to Vancouver Development Cost Levy By-law No. 8149: Definition of "industrial zone"