P3
POLICY REPORT
DEVELOPMENT AND BUILDING
Date: 1996 10 22
Dept. File No. MvH
TO: Vancouver City Council
FROM: Director of Land Use and Development, in consultation with the
Director of Legal Services
SUBJECT: Amendment of Zoning and Development Fee By-law
RECOMMENDATION
A. THAT Schedule 2, Zoning By-law Amendments, of the Zoning and
Development Fee By-law No. 5585 be readjusted to 1996 as
shown in Appendix A;
FURTHER THAT the Director of Legal Services bring forward the
necessary by-law amendments.
B. THAT, should RECOMMENDATION A be approved, refunds reflecting
the difference between the current fees established in
Schedule 2 and the proposed fees be provided for rezoning
applications submitted after August 1, 1996.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS approval of A
and B and notes that, if RECOMMENDATION A is approved, a By-law
will be presented for enactment later on this day.
COUNCIL POLICY
On August 1, 1996, Council enacted By-law No. 7611 to increase fees by 7
percent in the Zoning and Development Fee By-law to fund tree program
costs.
PURPOSE
The purpose of this report is to correct an oversight whereby, on August
1, 1996, rezoning fees were inadvertently increased along with
development application fees. Only the development application fees were
intended to be increased to help fund the staff associated with the
amended Private Property Tree By-law.
BACKGROUND
On July 30, 1996, Council approved a recommendation to increase
development application fees to recover costs for the staff involved in
application review under the amended Private Property Tree By-law.
Although the recommendation referred only to application fees for
"Development Permits", fee increases for "Rezoning By-law Amendments"
were also inadvertently included in the report. By-law No. 7611 was
enacted on August 1, 1996, and amended the Zoning and Development Fee
By-law to increase fees for rezoning applications.
DISCUSSION
A portion of the cost recovery associated with the Private Property Tree
By-law is to come from the increase in development application fees as
stated in the companion policy reports to the July 30, 1996 report to
Council.
Since rezoning fees were not intended to be a source of cost recovery
for the Private Property Tree By-law, these fees should be reduced to
those as existed prior to August 1, 1996. Proposed revisions to Schedule
2 are shown in Appendix A.
CONCLUSION
The fee increases for Zoning By-law Amendments, enacted by Council on
August 1, 1996, should be readjusted to the fee schedule existing prior
to that date. These fees were inadvertently included in the report
recommending Zoning and Development Fee By-law amendments to increase
development application fees to help off-set costs associated with the
Private Property Tree By-law.
* * *
APPENDIX A
Page 1 of 4
SCHEDULE 2
ZONING BY-LAW AMENDMENTS Existing Fee Proposed Fee
(as existed
prior to
Aug 1/96)
CHANGE ZONING DISTRICT (EXCEPT TO CD-1)
1. For an amendment to the Zoning District Plan
to redesignate from one zoning district to any
other zoning district except a new Comprehensive
Development District:
Up to 4 000 m2 site area $ 3,210.00 $ 3,000.00
For each additional 100 m2 of site
area or part thereof $ 55.00 $ 50.00
Maximum fee $ 32,100.00 $ 30,000.00
TEXT AMENDMENTS (EXCEPT CD-1)
2. For an amendment to the text of the
Zoning and Development By-law $ 6,420.00 $ 6,000.00
NEW CD-1 (NOT CONTEMPLATED IN AN ODP)
3. For an amendment to the Zoning District Plan
to redesignate from a zoning district to a new
Comprehensive Development District that is not
contemplated in an Official Development Plan:
(a) where the site area is smaller than
40 000 m2:
Up to 4 000 m2 site area $ 10,700.00 $ 10,000.00
For each additional 100 m2 of site
area or part thereof $ 105.00 $ 100.00
(b) where the site area is 40 000 m2
or greater:
For the first 40 000 m2 $103,800.00 $ 97,000.00
For each additional 100 m2 of
site area or part thereof $ 215.00 $ 200.00
APPENDIX A
Page 2 of 4
SCHEDULE 2
ZONING BY-LAW AMENDMENTS Existing Fee Proposed Fee
(as existed
prior to
Aug 1/96)
AMEND CD-1 (NOT CONTEMPLATED IN AN ODP)
4. For an amendment, in terms of permitted uses and
regulations, to an existing Comprehensive Development
District By-law that is not contemplated in an
Official Development Plan:
(a) where the site area is smaller than
40 000 m2;
Up to 4 000 m2 site area $ 10,700.00 $ 10,000.00
For each additional 100 m2 of
site area or part thereof $ 105.00 $ 100.00
(b) where the site area is 40 000 m2
or greater:
For the first 40 000 m2 ` $103,800.00 $ 97,000.00
For each additional 100 m2 of
site area or part thereof $ 215.00 $ 200.00
NEW CD-1 (CONTEMPLATED IN AN ODP)
5. For an amendment to the Zoning District Plan to
redesignate from a zoning district to a new
Comprehensive Development District that is
contemplated in an Official Development Plan:
Up to 4 000 m2 site area $ 26,750.00 $ 25,000.00
For each additional 100 m2 of site
area or part thereof $ 215.00 $ 200.00
AMEND CD-1 (CONTEMPLATED IN AN ODP)
6. For an amendment, in terms of permitted uses and
regulations, to an existing Comprehensive
Development District By-law that is contemplated
in an Official Development Plan:
Up to 4 000 m2 site area $ 26,750.00 $ 25,000.00
APPENDIX A
Page 3 of 4
SCHEDULE 2
ZONING BY-LAW AMENDMENTS Existing Fee Proposed Fee
(as existed
prior to
Aug 1/96)
For each additional 100 m2 of
site area or part thereof $ 215.00 $ 200.00
REDUCED FEES FOR LARGE SITES WITH LIMITED CHANGES
7. Notwithstanding sections 3(b), 4(b),
5 and 6 of this schedule:
(a) For an amendment to the Zoning District Plan
to redesignate from a zoning district to a
new Comprehensive Development District that
is contemplated in an Official Development Plan
or that is not contemplated in an Official
Development Plan but relates to a site area of
40 000 m2 or greater; or
(b) For an amendment, in terms of permitted uses and
regulations, to an existing Comprehensive Development
District that is contemplated in an Official
Development Plan or that is not contemplated in an
Official Development Plan but-relates to a site
area of 40 000 m2 or greater;
provided, in both cases,
(i) the approved or existing form of development
is retained on at least 75% of the site area; or
(ii) the floor space ratio of buildings already
existing on the site is not increased by more
than 25% or 0.5. whichever is the greater; or
(iii) the Director of Planning determines that the
application is similarly limited in scope
having regard to use and form of development:
Up to 4 000 m2 site area $ 10,700.00 $ 10,000.00
For each additional 100 m2 of site
area or part thereof $ 105.00 $ 100.00
Maximum fee $ 42,800.00 $ 40,000.00
APPENDIX A
Page 4 of 4
SCHEDULE 2
ZONING BY-LAW AMENDMENTS Existing Fee Proposed Fee
(as existed
prior to
Aug 1/96)
AMEND CD-1 (ONE SECTION ONLY)
8. Notwithstanding sections 4, 6 and 7
of this schedule:
For an amendment to an existing
CD-1 By-law where no more than
one section requires amendment $ 4,280.00 $ 4,000.00
RESUBMISSION DUE TO CHANGE IN COUNCIL COMPOSITION
9. Notwithstadning any other section of
this schedule, for the resubmission
of an application which is unable to
be enacted because of a change in the
composition of Council, provided the
resubmission does not alter the application
and is made within 6 months of an
election by-election $ 1,070.00 or $ 1,000.00
15% of the
otherwise applicable
fee, whichever is
greater.