ADMINISTRATIVE REPORT

Date: May 07, 1999
Author/Local: F.A. Scobie/7399
RTS No. 00710
CC File No. 5001

CS&B: May 20, 1999

TO:	Standing Committee on City Services & Budgets
FROM:	Director of Development Services
SUBJECT:	Review Processes - Lafarge Concrete Batch Plant Proposal

RECOMMENDATION

THAT Council receive this report on the review processes for the Lafarge concrete batch plant proposal for information.

GENERAL MANAGER'S COMMENTS

The City and the Vancouver Port Authority (VPA) each have legal jurisdiction over the development of portions of the Lafarge development site and each have their own review and decision-making processes. For the convenience of all parties, including the applicant and the community, integration of these processes has been examined. However, because of different procedural obligations governing the City and the VPA, combining the review and decision-making processes into a single process that will adequately serve the needs of both jurisdictions is not possible. The City and VPA processes are therefore outlined in order to inform Council of the steps, and anticipated timing, for project review and decision-making.

COUNCIL POLICY

There is no Council Policy directly attributable to this matter.

PURPOSE

The purpose of this report is to advise Council of the process and anticipated timing of the City review and decision-making process for the concrete batch plant development application submitted on behalf of Lafarge Canada Inc. for a site on the Burrard waterfront,

west of New Brighton Park. This report also outlines the review process and possible timing for a review and decision by the Vancouver Port Authority (VPA) with respect to the portion of the site owned by VPA.

BACKGROUND

As previously advised, DE404056 was filed on behalf of Lafarge Canada Inc. on March 26, 1999 for a site that consists in part of fee simple ownership and in part of lands to be leased from the Vancouver Port Authority, as shown on MAP 1 below.

MAP 1

Both City and Vancouver Port Authority approvals are required for this project to proceed. The required City approval relates to the portion of the site owned by Lafarge; the Vancouver Port Authority has legal jurisdiction over its lands leased to Lafarge. The project configuration is functionally inoperable without approval of both components.

CITY PROCESS

As is done with all development applications, a schedule has been established for this application to be before the Development Permit Board, in this case on June 28. Prior to this meeting, a Public Information meeting will be held in the community. These steps and anticipated timing are summarized in the following chart.

CITY PROCESS

STEP	TIMING	COMMENTS
Public Information Meeting	late May or early June	- explain proposal (what it is/isn't); - explain City review and decision-making process.
Development Permit Board	June 28	- Board's decision limited to requested height increase; - decision (to approve or refuse) subject to appeal to Board of Variance.
Council	September	- staff report on issues with recom-mendation re: "form of development" and conditions of approval for this permitted use; - timing accommodates possible appeal to Board of Variance in July-August; - Board of Variance may dispose of application, eliminating need for Council consideration.

VANCOUVER PORT AUTHORITY PROCESS

Discussions with VPA staff indicated that if an application is filed by Lafarge it would be reviewed through a Review Panel process, culminating in a decision by the VPA Board. The establishment of a Review Panel can take approximately two months. The review process, including a decision on the application by the Board, can then take a further 10 months.

These steps and anticipated timing are summarized in the following chart. VPA staff advise that Lafarge made application on May 6.

VPA PROCESS

STEP	COMMENTS	TIMING
Application to VPA	- application submitted.	May 6
VPA Board	- confirm Panel review process.	2 months
VPA staff	- notice of application and review process sent to Burrard Environmental Review Committee, City, First Nations and community.
VPA Board	- appoints Panel.
VPA staff	- prepare terms of reference for Panel and guidelines for Environmental Assessment; - circulate these for comments to Burrard Environmental Review Committee, City, First Nations and community; - review comments and finalize terms of reference and guidelines.	6 months
Applicant	- submits Environmental Assessment to Review Panel.
Review Panel	- reviews Environmental Assessment to determine it meets guideline requirements; - releases Environmental Assessment to public; - invites public to submit written comments.
Review Panel	- holds public meeting for community, City and First Nations input; - submits report to VPA Board.	4 months
VPA Board	- releases Review Panel report for information; - makes decision.

JURISDICTION

The jurisdiction of the Development Permit Board on this development application is limited, under the site's CD-1 zoning, to the issue of building height in excess of 9.14 m (30.0 ft.), and only pertaining to those lands under fee simple ownership. The Development Permit Board's decision would be subject to appeal to the Board of Variance.

Council has broader jurisdiction insofar as the CD-1 zoning, created pursuant to Section 564(1)(f) of the Vancouver Charter, requires that development must also " .... obtain the approval of Council to the form of development ....". This allows Council more expansive consideration of project attributes and issues prior to reaching a decision. In addition, the CD-1 by-law specifies that permitted uses are "subject to such conditions as Council may by resolution prescribe".

The City has no inherent legal jurisdiction on zoning and development issues affecting Vancouver Port Authority lands. It is understood that the VPA review process will incorporate a comprehensive environmental assessment, and the interests of marine agencies coordinated through the Burrard Environmental Review Committee (BERC) will be brought to the review process.

* * * * *

(c) 1998 City of Vancouver