POLICY REPORT URBAN STRUCTURE Date: October 24, 1995 Dept. File No.: HW TO: Vancouver City Council FROM: Director of Community Planning, in consultation with General Manager of Engineering Services Manager of Housing Centre Director of Social Planning Director of Legal Services General Manager of Parks & Recreation, and Deputy Director of Finance SUBJECT: Arbutus Neighbourhood - Implementation of Development Cost Levies RECOMMENDATION A. THAT Council establish the area shown in Figure 1 as the Arbutus Neighbourhood Development Cost Levy (DCL) District; B. THAT the levy proceeds be spent in the following proportions: (i) 9.7 percent for street improvements; and (ii) 90.3 percent for daycare. C. THAT the policies in Appendix A be adopted to guide administration of DCLs in this District; D. THAT the 1995 rate for collection of Development Cost Levies be set at $43.06 per square metre ($4.00 per square foot) for all uses, except for manufacturing, transportation, and wholesale uses which will be set at $17.22 per square metre ($1.60 per square foot); and for daycare space which will be set at $5.49 per square metre ($.51 per square foot); and E. THAT the Director of Legal Services be instructed to prepare the necessary by-laws and that the Associate Director of Community Planning report back with the DCL By-law at the time of enactment of the C-7 and C-8 Districts Schedule. GENERAL MANAGER'S COMMENTS The General Manager of Community Services RECOMMENDS approval of A, B, C, D and E. COUNCIL POLICY On May 16, 1991, Council adopted the Downtown South DCL By-law and related policies including the policy "that development cost levies outside the Downtown South be considered as part of area-wide rezonings based on a community plan," and on April 21, 1994 Council established a DCL District in the Burrard Slopes neighbourhood. On June 16, 1992, when considering a report on the Arbutus Neighbourhood Plan, Council approved a general DCL rate of $43.06 per square metre ($4.00 per square foot) for the Arbutus Neighbourhood to be implemented when the zoning for the small sites was approved. At a Public Hearing on October 20, 1994, Council approved-in-principle the C-7 and C-8 Districts Schedule for the small sites in the Arbutus Neighbourhood with the understanding that area-wide enactment would be - 2 - delayed until the Province approved enabling legislation allowing implementation of the Arbutus DCL By-law. SUMMARY In 1992, Council adopted the Arbutus Neighbourhood Policy Plan (ANPP) which called for all new developments to contribute $43.06/m› ($4.00/sq. ft.) towards public benefits. The larger sites to be rezoned CD-1, were to make these contributions through Community Amenity Contributions (CACs); and the smaller ones, for which a new zoning schedule was to be devised, were to contribute through Development Cost Levies (DCLs). Council also directed staff to prepare a strategy for allocating the proceeds of DCL and CAC funds. The proposed DCL boundary is shown in Figure 1. The Bentall site (IGA/Liquor Store - future CD-1), originally proposed to be within the CAC area, is now recommended for inclusion in the DCL area to allow for the possible location of a daycare on the site using DCL funds. With respect to rates, Council endorsed a general DCL rate of $43.06/m› ($4.00/sq. ft.) in 1992. Staff are recommending daycare and industrial uses provide reduced rates of $5.49/m› ($.51/sq. ft.) and $17.22/m› ($1.60/sq. ft.) respectively, which is consistent with reduced rates for these uses set in Burrard Slopes. Of the four uses for DCLs under the Vancouver Charter, (replacement housing, park land acquisition and development, daycare and engineering works), staff are recommending DCLs be allocated on a percentage basis-- 90.3 percent to daycare and 9.7 percent to street improvements. Council would still have the flexibility to re-allocate DCLs in the future if new facilities became fundable or funding priorities change. In total, the estimated costs of the required daycare and street improvements ($3,614,000) exceed the estimated $3,000,000, that will be collected through DCLs. Therefore under the Charter authority, Council can enact a DCL By-law. Figure 1. Lands Subject to CACs and Proposed DCL Boundary - 3 - PURPOSE The purpose of this report is to: - establish the boundaries for the DCL district; - adopt administrative policies for DCLs; - set detailed DCL rates; - establish how the levy proceeds should be allocated; and - request the necessary by-laws be brought forward for enactment. Upon Council's decision on these matters, the Director of Legal Services will prepare the DCL By-law for Council's approval at the time that Council enacts the new C-7 and C-8 Districts Schedule for the area. Also included for Council's information is a summary of the evolving overall Arbutus Neighbourhood public benefits strategy, including the role of CACs, which Council has already approved through the rezonings of the larger CD-1 sites in the area. BACKGROUND In 1992, Council adopted the Arbutus Neighbourhood Policy Plan (ANPP) which called for all new developments to contribute the equivalent of $43.06/m› ($4.00/sq. ft.) towards public benefits including parks, social housing, and daycare. The larger sites were to make these contributions through CACs upon rezoning to CD-1; and the smaller ones, for which a new zoning schedule was to be devised, were to contribute through DCLs. In October of 1994, Council approved the C-7 and C-8 Districts Schedule, but enactment was delayed until the Province clarified the City's authority with respect to DCL boundaries. The Province has now enacted enabling legislation confirming the DCL boundaries and Council can now adopt the DCL By-law. - 4 - DISCUSSION 1. DCL By-law Boundaries The proposed DCL boundary is shown in Figure 1. The boundary matches that proposed for the new C-7 and C-8 Districts Schedule with the exception of the Bentall site (to be future CD-1). (a) Bentall Site Originally the Plan proposed that the Bentall site (current IGA/liquor store - future CD-1 site), be subject to CACs rather than DCLs. It is now recommended that the Bentall site be included within the DCL boundary instead. The site is considered to be one possible location for a daycare. Since DCLs must be spent within the DCL boundary, the Bentall site must be included in the DCL area to make it possible to locate a daycare facility on the site using DCL funds. The total contribution amount from the Bentall site would not change, but would be made in the form of a DCL rather than a CAC. 2. DCL Rates and Total DCLs Collectable In 1992, Council approved a general DCL rate of $43.06/m› ($4.00/sq. ft.) for the Arbutus Neighbourhood. This will be the rate for all uses other than industrial and daycare. Staff request Council confirm a reduced rate for daycare uses of $5.49/m› ($.51/sq. ft.), consistent with the daycare rate set for the Downtown South and Burrard Slopes, and a reduced rate of $17.22/m› ($1.60/sq. ft.) for industrial uses (manufacturing, transportation and wholesale). The industrial rate is set in proportion to the reduced industrial rate for Burrard Slopes and reflects lower public benefit demands due to fewer employees per square foot for industrial businesses. All DCL rates in the City are subject to an annual review and a rate adjustment if warranted. Assuming future development at an average 2.0 FSR, and minimal industrial development, approximately $3,000,000 is collectable at build-out of all the developable sites in the DCL area. 3. Public Benefit Demands and Costs for DCL Area Under the Vancouver Charter, DCLs can be spent on replacement housing, daycare, engineering works such as road, sidewalk and sewer construction, park land acquisition, and now also park development. (An amendment to the Charter was approved in July 1995 adding limited park development expenditures such as landscaping and construction of washroom facilities to the list of fundable items.) DCLs still cannot be allocated to other needs, such as community centre facilities, although it is possible that this Charter authority will be provided in the future. (a) Replacement Housing There are approximately 10 units of existing housing in the area that could be lost to redevelopment. Given the 50 units of social housing that will be provided on the Molson site as a CAC, staff believe there is no need to dedicate DCL funds for replacement housing. (b) Daycare An estimated 1,100 new residents will eventually live in the DCL area. The resulting estimated daycare and school aged care demand is: - Daycare (ages 0 to 5) - 33 spaces (demand from DCL area only) - School aged care (ages 6 to 12) - 19 spaces (DCL area only) - 5 - To achieve daycare in this area, funds are needed to acquire land (or air parcels), and to construct the facility. Estimated land acquisition/development costs: Land $2,090,000 Building and equipment $1,174,000 Total $3,264,000 More detailed need and cost estimates for daycare are contained in Appendix B. (c) Engineering Works - Street Improvements The ANPP calls for special street treatment of Arbutus Street as the future shopping and pedestrian focus, and 11th Avenue (east of Arbutus Street to Maple Street) as an extension of the greenway system. The extent of these improvements will be beyond the level normally charged directly to developers. Staff estimate the following total costs: 11th Avenue surface removal $ 50,000 11th Avenue reconstruction $125,000 Arbutus Street reconstruction $175,000 Total $350,000 (d) Park The number of people projected to reside on the C-7 and C-8 sites (DCL area) would generate a need for approximately 1.2 ha (3.0 ac.) of park land based on the Park board standard of 2.75 acres per 1,000 people. In the portion of the area subject to CACs, 1.3 ha (3.1 ac.) of park has been provided through private dedications, converting the City works yard to park, road closures and allocation of CACs from the CD-1 rezonings to park development. Overall this 1.3 ha (3.1 ac.) represents roughly half the Park Board park standard. Given this level of park provision, and the outstanding need for daycare, staff recommend that the major priority for DCLs be daycare, with street improvements as a second priority. The total estimated cost of the daycare and street improvement demands from the DCL area is $3,614,000. 4. Allocation of DCL Proceeds (a) Current Allocations Council must decide on the proportions for spending DCL proceeds before the DCL By-law can be enacted. Council's decision must be expressed as a percentage of the anticipated $3,000,000 in proceeds and must be allocated to each type of levy project (daycare and street improvements). Council may choose any percentages totalling 100 percent. Staff recommend that based on the current demands, Council allocate the proceeds on a pro-rated basis, proportional to the costs of the capital projects. This would result in the following allocations: Funds Allocated % Allocation Daycare $2,709,000 90.3% Street Improvements $ 291,000 9.7% Total $3,000,000 100.0% Since population growth will not justify daycare construction until sometime after the year 2000, staff believe that initial DCL recoveries should be used in the near term for street improvements on 11th Avenue - 6 - and Arbutus Street. These improvements will address the more immediate need to create "public" community amenities and help create a character and identity for the area. It should be noted that only an estimated 83 percent of the full costs of daycare and street improvements can be covered with the anticipated DCLs to be collected. The shortfalls would need to be met through other sources such as future capital plans and provincial funding for daycare. Council should also be aware that $3,000,000 is staff's projection of what might reasonably be generated by DCLs over the next 25 years or so. The total amount eventually collected could be higher or lower, depending on the extent of redevelopment. (b) Future Flexibility to Re-allocate Proceeds Council legally retains the flexibility to change the allocations in the future, should the need arise, provided the funds continue to be spent on projects that are required as a result of development in the DCL area. For example, the need to re-allocate could occur if alternate funding for daycare became available from the Province, or if the daycare cost was reduced through building the daycare as part of a new private development. It is also possible that the Charter authority could be expanded to allow spending DCLs on other community facilities in the future. In this case, the Council of the day may wish to re- allocate the funds to one of the newly fundable facilities, or integrate the daycare with one of these new uses. Since the population to support daycare construction will not likely be in place for another seven to ten years, there will be ample time for future reallocation to occur in the event of any of these possibilities. 5. DCL By-law and Administration Policies Under the Vancouver Charter, if the total demand from the DCL area (estimated at $3,614,000 without park demand) is greater than the DCLs collectable at build-out (estimated at $3,000,000), then the City has the authority to enact a DCL By-law. This has been established in the discussion above. Therefore, staff recommend that Council establish the DCL district as shown in Figure 1. Staff also recommend adoption of the administrative policies appearing in Appendix A. The Director of Legal Services will then draft the DCL By-law according to Council's directions, and staff will report back with the By-law for Council adoption at the time of zoning enactment. 6. Summary of Public Benefits Strategy in Arbutus Neighbourhood Once Council has endorsed the recommendations in this report, and the DCL By-law has been adopted, a large part of the Public Benefits Strategy will be complete. In the remainder of the area (CD-1 sites), considerable progress has also been made in negotiating park dedications, designing the system of park and greenways, and collecting CACs from the larger CD-1 sites to develop park and greenways as a first priority. A summary of the strategy appears in Appendix C. Negotiations surrounding the Bastion-Intrawest site and land exchange for the City works yard have been slower than anticipated, and this uncertainty has prompted delays in reporting on the West 11th Avenue Greenway and park development. Staff will report back to update Council on the status of CACs when the Bastion-Intrawest site negotiations are complete. Following resolution of these issues, if any CACs are left after all associated park and greenway development costs are met, the other community needs (e.g., Kitsilano Community Centre) can be considered. The other outstanding unmet need generated by the CD-1 sites would be - 7 - for a daycare, which will be included for consideration in the 1997-1999 and future Capital Plans. 7. Public Input With respect to the public process, staff held a public open house on September 20, 1995 and have also discussed the contents of this report with representatives of the landowners, residents, and Kitsilano Community Centre Association. Comments have generally been supportive. However, there were concerns expressed by the representatives of the Kitsilano Community Centre Association on the lack of allocation for the expansion of the community centre. They would like to see the DCL boundaries amended to include Connaught Park and the Kitsilano Community Centre so that DCL funds could be spent on the Centre either to locate daycare there or, if the Charter authority was amended, to allow funding of a community centre expansion. The Kitsilano Arbutus Residents Association (KARA) supports the use of the initial DCL proceeds to fund street improvements, but also has concerns with respect to the lack of funding for community centre expansion. Staff cannot recommend an expanded boundary at this time because the DCL boundaries recently confirmed by the Province include only those lands within the boundary of the Arbutus Neighbourhood Policy Plan. The Policy Plan boundary specifically excludes Connaught Park and the Kitsilano Community Centre. However, it is possible that Council could review the boundary and revise it in the future, and future Charter amendments could permit funding of a community centre expansion. SOCIAL IMPLICATIONS DCL funds will be available to provide a daycare and CACs will be available to develop parks, greenways and outdoor play areas in the Arbutus Neighbourhood. All these actions will help achieve social objectives contained in Council's Children's Policy and the Statement of Children's Entitlements. PERSONNEL IMPLICATIONS There will be no additional staffing requirements. CONCLUSION The implementation of DCLs as outlined and recommended will play an important role in providing public benefits to meet some of the demands created by new development in the Arbutus Neighbourhood. * * * * *