SUPPORTS ITEM
     NO. 4
                                                                           CS&B COMMITTEE AGENDA
                                                                           JANUARY 30, 1997       

                                                        ADMINISTRATIVE REPORT

                                                                           Date: January 21, 1997
                                                                           Dept. File No. JPC/RJ/CK
                                                                           Our File No. 1755-1

     TO:              Standing Committee on City Services and Budgets

     FROM:            The Director of Land Use and Development and the Director of Finance

     SUBJECT:         Review of Zoning, Development, Subdivision, and Miscellaneous Fees

     RECOMMENDATIONS

              A.      THAT the fees set out in  Zoning and Development Fee By-law No. 5585, in Subdivision By-law  No. 5208 and
                      in the  Miscellaneous Fees (Planning)  By-law No. 5664,  be amended, to fully recover  costs as generally
                      described in Appendix A.

              B.      THAT the Director of  Legal Services be instructed to prepare  the necessary amendments to the Zoning and
                      Development, Subdivision, and Miscellaneous Fee By-laws.

              C.      THAT upon approval of  this report, the Director of Land Use  and Development notify the development  and
                      construction industry of the new fees.

     CONSIDERATION

              D.      THAT the  50% subsidy for mega-project  rezonings be eliminated by  increasing fees by  a further 100% in
                      Sections 3(b), 4(b), 5 and 6 of Schedule 2 of the Zoning and Development Fee By-law No. 5585.

     GENERAL MANAGERS  COMMENTS

              The General Manager  of Community Services notes that  given the magnitude of  the increases, their impact  on the                                                                                                                               
              development and  construction industries, and  the potential implications  for the ultimate  development consumer,                                                                                                                               
              Council  may be  inclined to  phase-in the  increase  over a  number of  years.   However,  this will  mostly just                                                                                                                               
              redistribute the  impact among development  projects with no  rhyme or  reason.  Those  which are lucky  enough to
              incur certain fees in 1997 will pay less that  those which come in 1998 and so on.  This only rewards or penalizes
              development  phasing and creates inequities.  If Council is inclined to  raise fees, it is more equitable to do it                                                                                                                               
              in one bite.                         

              The General  Managers of Corporate  and Community  Services RECOMMEND approval  of A,  B and C,  and submit D  for                                                                                                                               
              CONSIDERATION.                           

     COUNCIL POLICY

     On January 17,  1991, Council resolved that every Department  and Board review services for  which fees are now charged to
     ensure that fees are  recovering the full costs of the services to the City or are equivalent to competitive charges where
     the fee is of a market nature.

     Once every three years  a comprehensive fee review is conducted to  ensure that individual permit fees  reflect the City s
     changing costs.  The last such review was completed in June, 1993.

     PURPOSE AND SUMMARY

     This report reviews  current fees and associated  costs of processing development applications,  subdivision applications,
     and zoning  and miscellaneous amendments.   Based on projections from  the current fee  schedules, approximately 67% ($5.1
     Million of $7.6 Million) of costs will be recovered in 1997.  

     Revised fees, based on cost  recovery, are recommended to recover 100%  of these costs, with the exception of fees  in the
     categories noted below.  Proposed fees are presented in Appendix A.

     Approval of the recommended fees would increase annual revenues by an estimated $2.5 Million.  

     Options for  City Assists  are referenced, related to:

             50% cost recovery for mega-project rezonings;
             Tree permit fees;
     -        Board of Variance Appeal fees; 
     -        Non-Profit Society related fees;
     -        Maintenance of Heritage Buildings fee; and
     -        RS-5 Development Application fees.

     BACKGROUND

     The last  comprehensive review of the Zoning  and Development and Miscellaneous Fees By-laws was  undertaken in 1993. That
     review indicated that  only 35% to 50% of costs associated  with Development and Zoning amendment  applications were being
     recovered, and recommended a fee structure approaching 100% of direct cost recovery.

     The recommendations of the 1993 review were approved by Council and implemented May  1, 1995, following a public forum and
     workshops to address development industry concerns.  Mega-project rezoning application fees  had previously been addressed
     in 1991, with Council approving a 50% cost recovery approach.

     Notwithstanding the 1991 and 1993 fee increases, fees currently recover 67% of costs.  The reasons for this include:

     -        the 1993  increases were  intended to   approach  cost recovery                                                                               - analysis  after the  increases indicates  they
              achieved 80-90% cost recovery, based on the model used at that time;

     -        a 5-10% decrease in application volumes in some areas (resulting in a further shortfall in anticipated revenues);

     -        additional staffing, service improvements and complexity of processes (addressed in Discussion);

     -        a 6%  increase in operating  costs (inflationary)  since the last  comprehensive review in  1993, not  captured by
              annual adjustments; and

     -        a revised cost recovery model -  the 1991 and 1993 model only recovered a small portion of administration and city
              support services (addressed in Discussion - Methodology).

     This review  of Zoning, Development, Subdivision  and Miscellaneous fees is  being undertaken concurrently  with Council s
     review of   City Choices , a program to address a budget shortfall resulting  from Provincial government funding cutbacks,
     and other budgetary pressures.  

     This  review and the conclusions drawn from it are  also done within the context of the Development and Building Review of
     the Community  Services Group.   That  Better City  Government  review  is intended  to  radically improve  the way  we do
     business, emphasizing  service, quality and an efficient, equitable process .  When implemented, such resulting changes to
     our Rezoning and Permitting processes will no doubt require further amendments to fee schedules.

     DISCUSSION

     Methodology:   The comprehensive  review of  development control application  fees follows a model  which was  used in the
     recent review of trade permit fees for the Permits and Licenses Department.  A detailed inventory of all costs  pertaining
     to  processing development applications, subdivision applications and  zoning amendments was prepared.   It includes costs
     incurred by  all City  departments, of  which the  three most  significant participants  are Planning, Legal  Services and
     Engineering. Other key departments involved in the process are Housing, Social Planning, Parks, and  Permits and Licenses.
     Evaluations  of the  labour and  non-labour inputs  for each  fee category  were conducted.   Actual  costs also  included
     administration from  within the Planning Department, other departments and City support services  related to items such as
     expanding use of information technology systems, building  maintenance and City Clerk s office, etc.  Existing fees do not
     recover these support services expenses.

     Costs associated with policy work and Director of Planning  or Council-initiated rezonings have not been included.   These
     costs are recovered through general revenues.

     During the  last comprehensive fee review  a detailed analysis of  the direct cost of  handling and processing  of various
     application types  within each fee category was undertaken.   Since then, the Development and  Building Review process has
     examined the staff time involved, at  a detailed level, in handling each application  and prepared flow charts summarizing
     City staff involvement.  This  has proven invaluable in the determination of City  costs from a wide range of  departments
     involved in rezonings, subdivision approval, and development applications.

     Current Cost Recovery: Table 1 summarizes  the current costs and revenues related to all development control applications.
     In terms  of recovering direct  handling and processing  costs, when all application  fees are combined,  cost recovery is
     approximately  77%.   When  pro-rated city  support  services and  Community Services  Group administration  are included,
     current cost recovery falls to 67%.

                                                               Table 1
                                      Development Control Applications: Cost Recovery Analysis

                                                             COMMUNITY        CITY                       TOTAL 
                               PROJECTED        DIRECT        SERVICES      SUPPORT        TOTAL         COSTS 
                                REVENUE*        COSTS          ADMIN.       SERVICES        COST        RECOVERED
                                   $              $              $             $             $              %

      Rezoning                   1,270,000      1,807,000         18,000       265,000    2,090,000        61%

      Subdivision                  220,000        277,000          3,000        44,000      324,000        68%

      Development                3,609,000      4,503,000         45,000       650,000    5,198,000        69%
      Applications


      TOTAL                      5,099,000      6,587,000         66,000       959,000    7,612,000        67%
      (ALL 3 PROCESSES)

     *    Note:  In 1996,  development  control  applications recovered  $3.3
        Million in revenues.   For the purpose  of this analysis,  revenues
        have  been adjusted  to  include  changes  to  fee  schedules  that
        occurred in 1996, but were not fully reflected in the 1996 revenues
        ($900,000),  as  well  as  the  subsidy  to mega-project  rezonings
        ($800,000).

                                    Table 2
                     Proposed Cost Recovery Fee Increases

                                                           NECESSARY INCREASE IN        FEE INCREASE TO MEET COST
                                                                  REVENUES                       RECOVERY

      Rezoning                                                               $820,000              65%

      Subdivision                                                            $103,700              47% 
      Development Applications                                             $1,588,000              44%

      TOTAL (all 3 processes)                                              $2,511,000              49%



     Table  2  summarizes  the  increases  necessary  in  each  of the  three
   application categories.   An overall increase of 49% is required to meet
   cost recovery, with a 65% increase  to rezoning fees, a 47% increase  to
   subdivision fees and a 44% increase to development application fees.

   Appendix A presents the resulting proposed fees.

   The projection of revenues from fee increases makes various  assumptions
   on the number  of applications that will be processed.  For the purposes
   of this analysis the  average number of applications over the  last five
   years has been used in the projection,  as illustrated in Table 3 below.
   However, if the number of applications falls short of historic trends or
   the increased fees deter applications from being submitted, the proposed
   fee increases could  fail to  deliver cost recovery.   In this  respect,
   there is an opportunity to revisit  the cost allocation model during the
   next review  and staff will report on various  options to adjust the fee
   schedule appropriately, if necessary.


                                     Table 3
                                   Average Number of Applications Processed Per Year: 1992 - 1996

          Rezonings                                               29 private rezonings
                                                              2 mega-project rezonings

      Subdivision                                             131
      Development Applications                                1300 DEs (Development Applications)(includes 300 -
                                                              400 minor amendments)
                                                              2200 DBs (Joint Development & Building Applications)



     Rezoning Fees:   There  has been,  in the  last five  years, an  average of  29 privately-initiated  rezoning applications
     submitted per year,  plus 2 mega-project rezonings.   In addition, there  has been an average  of 21 rezoning applications
     submitted, on  instruction of  Council, by  the Director  of  Land Use  and Development  with  no fees  charged and  costs
     recovered through general revenues.

     In order to achieve  100% cost recovery in the area  of private rezonings, an additional $820,000 in revenues  needs to be
     generated, assuming the City continues the 50% subsidy from general revenues on mega-project rezonings.  The  direct costs
     to administer rezonings  are $1,807,000 for  City staffing and  direct departmental support.   This increases by  $283,000
     when pro-rated City support services and Community Services Group administration are included.

     Subdivision Fees:  There has been in the last five years an average of 131 subdivision applications submitted per year.

     A June 1992 Charter amendment led to a revised Subdivision Fee Schedule being established by Council in December, 1992.

     In order  to achieve  100% cost  recovery in  the area of subdivisions,  an additional  $103,000 in  revenues needs  to be
     generated.    The  direct  costs to  administer  subdivision  applications  are  $277,000  for  City  staffing  and direct
     departmental support.   This  increases by  $47,000 when  pro-rated City  support services  and Community  Services  Group
     administration are included.

     In addition, a new fee is proposed for applications seeking to  reclassify  RS-1-zoned  parcels  to another classification
     of minimum parcel width  and area in order to enable  subdivision.  There have been an average of  three such applications
     per year since 1988.

     Development Application  Fees: There has been  in the last five years  an average of 1,300  development applications (DEs)
     submitted each year,  including some 300 to 400 minor amendments.  Application numbers  dropped 10% between 1995 and 1996.
     In addition, there has been an average of 2,200 joint development/building applications (DBs).

     In order to  achieve 100%  cost recovery in  the area of development  applications, an  additional $1,588,000 in  revenues
     needs  to be generated.   The direct costs  to administer  development applications are  $4,503,000 for City  staffing and
     direct  departmental support.   This increases  by $695,000  when pro-rated City support  services and  Community Services
     administration are included.

     Since  the last fee review development application costs have increased due  to the expanded Tree and Landscaping Program,
     the RS-5 Zoning District and refinements to the  Secondary Suite Program.  This is in addition to the factors noted  above
     in the Background.

     Other programs such as the Development Information  and Application Centre (DIAC), were initiated  to improve service with
     a majority of direct costs recovered.  However, City support service costs have not been recovered.

     City Assist Options:  This report  has reviewed current fees and  associated costs of processing applications in  order to
     determine fee schedules which will  achieve full cost recovery related to private  applications.  However, Council has  in
     the past provided assistance to certain categories, with revenue shortfalls recovered through property tax revenues.

     1.       Mega-project Rezoning Fees:

              On May 2, 1991  Council adopted a 50% cost-recovery  approach for mega-project rezonings.  Should  Council wish to
              continue this approach, it  would be providing an annual assist  in the order of $600,000. Should  Council wish to
              eliminate the  subsidy  to  mega-project rezoning  fees  this  will require  an  increase  of 100%  to  these  fee
              categories. CONSIDERATION D offers Council the option to remove this subsidy.

     2.       Tree Removal Permit Fees:

              A separate staff report is  being prepared based on experience with last year s amendments to the Private Property
              Tree By-law and  associated programs.   In part,  this report  will address  tree removal fees  and cost  recovery
              considerations  of the tree  program.   At present,  a partial  cost recovery  fee is  in effect  for applications
              seeking single tree removal.

     3.       Board of Variance Appeal Fees:

              Council, on June 10, 1993, resolved  THAT  the Board of Variance be requested to report back on a fee schedule for
              appeals to cover  the costs of processing appeals .  This report and a  companion staff report are  expected to be
              forwarded shortly; therefore, appeal fees are not included in this analysis.

     4.       Non-Profit Society Related Fees:

              In the May 1995 increases,  Council opted to continue to subsidize  the fees for development permits for  day care
              facilities  run by registered  non-profit societies. The proposed  fee schedule includes  a pro-rated fee increase
              and retains this basic subsidy. Due to the  relatively small number of these applications, the recovery  shortfall
              is nominal.

     5.       Maintenance of Heritage Building Fees:

              Council,  in June 1995,  enacted a reduced  fee for  a permit for  maintenance of  heritage buildings in  order to
              encourage  appropriate building  conservation and  to  record changes  made to  the  building.   The proposed  fee
              schedule includes  a pro-rated fee increase,  and retains the basic  subsidy.  Given that  there are approximately
              three such applications per year, the recovery shortfall is negligible.

     6.       RS-5 Development Application Fees:

              On October 24, 1996 Council  approved revisions to the  fee schedule for additional  staff related to RS-5  zoning
              application processing.   However, it was acknowledged that  the approved fee increases  would yield approximately
              $42,000, leaving  a shortfall  of  $175,000.   This will  be recovered  through  the proposed  fee increases,  and
              anticipated increases in RS-5 applications in 1997 as the RS-5 District Schedule is introduced into new areas.


     CONCLUSION

     Significant fee  increases are proposed for  development, rezoning, and subdivision applications, to  fully recover costs.
     The fee schedules recommended in Appendix A, include a realistic reflection of City costs.  

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