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Debate about to begin on development charges that pay for community facilities

August 13th, 2012 · 42 Comments

There have been rumblings about making changes to Vancouver’s unique system of negotiating with developers on the money they will hand over, per project, to cover some of the costs of catering to the new residents that will be housed in their projects.

That money isn’t just used for the obvious things like community centres or sewers, however, which those residents will use, but also theatres and galleries and heritage preservation and affordable-housing projects and much more.

But so far, we’ve heard about it mostly as some kind of tiff between developers and the city, rather than what’s really at stake, which is the kind of system that helps pay for community benefits but also doesn’t leave developers guessing in the dark about how many thousands or millions they’re going to have to contribute.

My today story sketches out the beginning of the debate that is going to happen over reforming that system. For those wondering where I got my numbers from, they come from this recent report on the 2011 calculation of community amenity contributions, which were calculated as $180 million, along with the 2011 total of development cost levies, which was calculated to be $55 million.

(So weird, I have to add in passing, that when you google these reports, you get a link that then leads you to the city’s web page, where you’re told “Oh no, that page doesn’t exist any more.” You then have to do a search within the city’s website to find the same report. Was there no way to ensure the old google link went to what turns out to be the same report?)

Categories: Uncategorized

  • Nelson

    There’s always a way to redirect old links to new ones, if the site is architected well. Amazing that a 3 million dollar website couldn’t do that, when much cheaper ones have that functionality.

  • fellowgoogler

    It’s up to Google to update those links when the re-crawl the CoV new website, which will happen at some point soon I imagine. Note that in the meantime even though the link may be dead, you can still click on the Google “Quick View” link underneath to view the cached PDF, without having to search on the new CoV website.

  • Cam in Van

    @Frances, I agree the fact the old link links now end up in the new site ‘pretending’ they don’t exist any more is annoying. I am sure the IT folks can explain why this is ( I am assuming its because the URL has not changed but the content has).

    However there is a solution other than having to search the old site. Once you have found what you want via Google just add ‘former’ to the start of the URL and it will take you directly to the page you want. So for example:

    http://vancouver.ca/commsvcs/planning/dpboard/2011/PDFs/125-133%20East%208th%20Avenue%20-%20DE414511.pdf

    Which results in “Oh no, the page you are looking for does not exist!”

    Becomes:

    http://former.vancouver.ca/commsvcs/planning/dpboard/2011/PDFs/125-133%20East%208th%20Avenue%20-%20DE414511.pdf

    Which takes you to the doc on the old site which Google was trying to link to.

  • jesse

    Frances, I would ask a few of your friends to analyse the city budget and ask, when it gets right down to it, how much are expenses able to be pared? We can debate CAC contribution amounts to the moon but from the outside, without knowing too much about it, it smells to me like this a whole bunch of smoke but designed to have little effect on the City’s bottom line.

  • public interest

    see that little thing in the top left corner of the vancouver.ca site? It says google site search?
    type in “CAC Contributions 2011” and it’s your second return. Use the “site” search engine, not the long-ago-indexed returns you get thru the main google.ca ssearch page.

  • public interest

    sorry…top right corner of the city site

  • Frances Bula

    @Cam in Van. I just tried doing that with something else I was looking for and it so did not work. Fortunately, the address gave me a clue as to the council meeting where that report was from so I went and looked under previous council minutes. But, man, is this ever tedious. I realize I sound like a cranky old fart, but that’s what this change is making me feel like, even though I am usually a peppy, cheery 25-year-old type person who happens to be trapped in an older body.

  • Julia

    I could not even get Quickfind in the new site search which means the entire city phone directory is nowhere to be found.

  • Cam in Van

    @Frances, I guess I got lucky with what I was looking for. Perhaps the City can explain how to access archived content as the search function on the old site seemed rather useless to me. Perhaps they don’t realise we are interested in the DPB minutes from 2009. 🙂

  • Silly Season

    @Cam in Van #(. Good idea. They couldpost a prominent notice on the home page.

    Under “News You Can Use”. 😉

  • Rick

    Part of me is troubled by the whole concept of CACs, in truth, all this is is an artificial way for the city to not raise tax rates across the board in lieu of “one time only specials”. Whatever CACs a developer is required to pay get transferred down to the purchase price of the unit, so the buyers are effectively hit with another VAT like the GST/PST.

    To me, the problem this creates is that it decouples the debate of taxation vs service, as service is, in effect subsidized by purchasers of condos, some of whom are not Vancouverites, but some of whom are. It also contributes to a kind of addictive need for growth in the city whether it is on its own meritorious or not, because it manages to keep tax rates artificially low as compared to the services received from them.

    Its like a little pump of sugar in your coffee, hard to get rid of once you get used to it.

  • Sean Bickerton

    Not all change is bad – developers don’t like the uncertainty of negotiations that take place after millions are already committed to a project, and community associations are suspicious of them because the CACs for every development are negotiated by staff behind closed doors with very little input from community or transparency.

    But we should be very careful not to kill the goose that laid the golden egg that is our beautiful, livable city.

    The daycare, community centres, rec centers, swimming pools, parks, public housing, schools, and many other amenities have been paid for through CACs and DCLs and when you look at the result, it’s hard not to conclude our unique, sometimes problematic system has served all of us well. Improving on it should be the goal, not, mixing metaphors and risking banality, to throw out the baby with the bathwater.

  • boohoo

    Many other cities have open, transparent systems for collecting CAC’s or neighbourhood funds. I do not understand why Vancouver is trying to reinvent the wheel. Have a look, if you can bare to lower yourself, east of Boundary and south of the river and you may actually learn something (shock!).

  • Michael Geller

    I am delighted that the CAC system is about to be reviewed and hopefully revised. The current system does not work.

  • Frank Ducote

    There are two basic parties to the CAC negotation – the City (representing the public interest) and the applicant or developer. If, as Michael G. points out, one of those two parties is not happy with the lack of clarity or certainty, there is a problem that must be addressed.

    IMO, it seems to more an issue of tweaking rather than a fundamental re-think, and I hope, like Sean B., that the ability to be nimble – and context-specific – as well as equitable with this very important city building tool is not lost in the rush to please the development community.

  • Kirk

    “Vancouver got $223-million last year in fees and special charges from developers, an amount equal to about a quarter of the annual city budget.”

    Is that typical for other cities? If there really is a slowdown coming, it’s going to hurt a lot.

  • Frances Bula

    @Julia. I’ve been told by someone in charge that there is no more QuickFind. They want everyone to go through 311 when trying to contact a staff person. Aaaaaaaaaaaagh. I’m sure you feel the same.

  • PW

    Frances, thank you for clarifying where you got those numbers from. I almost fell of my chair when I first read it, as they are even larger than shown in the financial statements. I hope as part of this process the City will also explore how it can cure its addiction to this revenue. This golden goose has seen its best days.

  • Julia

    they want us all to use 311 – well that is just duckie.

    In other words, they don’t want to talk to anyone!

  • boohoo

    I thought everyone was upset about how little 311 was being advertised? And now we’re upset we have to use it?

    Regardless, don’t those of us that want to contact staff person x that badly already have their contact info? How many new staff people are there that makes this such a big deal?

  • Morven

    Does 311 have sufficient staff resources to handle all the extra calls?

    Just asking.
    -30-

  • Frank Ducote

    PW – Your pronouncement is based on little fact or evidence. Without CACs and DCLs your property taxes would go up a lot, and small business, in particular, would find it even harder to continue.

    I certainly don’t see any compelling evidence to replace or eliminate the basic principle that those who profit from development should contribute to mitigating its impacts and improving amenities for the public at large. If you have an alternative philosophy let’s hear it. Thanks.

  • Morven

    If the city was prudent, it would strike an independent commission to look at the plus and minus of the present system and hear evidence.

    At least it might make this process transparent

    At present, assessing community amenity contributions all seem to be a reclusive, behind closed doors process.

    Not in the best interests of either the developers or the citizens but in the interests of staff and elected officials.

    Not good public policy.
    -30-

  • Julia

    Oh Boohoo, you obviously have no clue about the 311- staff directory issue.

    I am not even going to try and explain it. Those that use it and need it, know what a stupid decision this is.

  • Joe Just Joe

    CAC’s should’ve always been used for capital projects. Hence if they dry up tomorrow, they should not affect city operations. The city would just have to stop capital expenditures but operating exisiting services should not be affected. The key word in all this is should…
    I don’t beleive CACs need to be removed, just the system of wheeling and dealing removed and it be replaced with a flat fee. Something in the ballpark of $50psf paid to the city for each new square created by a rezoning. That rate should be dependant on area as well, a new square foot in Coal Harbour costing more then one is SE Vancouver.
    If CAC’s do dry up then the need to invest in new capital projects should also dry up as it’s a sign the city isn’t growing. That’s the theory.

  • Frank Ducote

    So, JJJ – just to be clear, developers should pay something for their developments as they go. I think we agree on the basic principle. Of course if there isn’t development, no revenue. Doesn’t mean there aren’t needs however, like maiantenance, repair and replacement of infrstructure and other capital works. Which is not cheap (the proverbial potholes, sewers, sidewalks, parks, trees, etc.) . These costs will generally go up over time like everything else.

    As someone above has referenced, Surrey has a targetted approach, depending on the specific needs in the community. It varies from place to place, however, which is just the opposite of a flat fee approach, as I understand it.

  • boohoo

    @26

    It varies from place to place, but within that place it is set. You know before you start how much you will need to pay per m2/unit. It varies from place to place for good reason, as each place is different with unique needs/requirements.

    A flat rate city wide would only make sense for City wide needs like roads/park acquisition/etc.

  • boohoo

    @24.

    I guess not. I know I have my own contacts and if I need to contact someone new then going through 311 doesn’t seem like that big a deal (assuming they give that info of course…)

  • PW

    Frank Ducote, if there is less development where will this revenue come from? I believe the City has become far too dependent upon an unsustainable source of revenue. That means other taxes will have to go up or services and amenities get cut.

  • Joe Just Joe

    Maintanance and repairs should be accounted for in the operating budget not the capital budget. If the operating budget doesn’t cover those items, then it should be increased accordingly via property tax increases or reducing other expenses.

  • Rick

    Frank @ #22

    Unfortunately, the developers don’t truly pay this cost. So long as the market will bear it, it is passed onto consumers, so its an income tax anyway, but it just doesn’t apply to everyone. Given prices and demand, it can’t even be claimed that the tax is particularly soaking the rich.

  • Michael Geller

    The key issue to my mind is not whether community amenity contributions and development cost levies should be collected, or the amount of the payments…it is how should they be determined?

    Right now, in many neighbourhoods in Vancouver and other municipalities, CAC/DCL’s are clearly set out, based on a determination of the community needs and the cost of financing growth. They are generally expressed on a square foot basis and known when a developer purchases a piece of property. There are some problems with this approach that need to be resolved, especially when non-profit and charitable projects must pay the fees, but in principle, I do not object to this approach.

    Where the problem arises, in my opinion, is when the CAC/DCC’s are not predetermined. Rather they are calculated on a case by case basis, not based on the cost of providing services or financing growth, but rather on the ‘value’ of the land before rezoning, and the ‘value’ of the land after rezoning. Again, this is not happening just in Vancouver. It is happening in other municipalities that are copying Vancouver.

    I am not making this up!

    I put value in quotes since it is often a very subjective thing, especially when a rezoning results in a new form of development, or development in a new neighbourhood, and there is uncertainty as to what might happen in the future.

    Even the city’s best appraisers will admit that there are many variables affecting value, both before and after rezoning, and a ‘good’ appraiser can assist the landowner/developer in his negotiations with the city or a municipality to achieve a lower number.

    I am not making this up.

    At one time, the city calculated the difference in value or ‘lift’ relying in part on the price paid for the land. Staff requested copies of Purchase and Sale Agreements. However, this created problems when sites were purchased at too high a price, as was the case back in the 90’s for a property I rezoned on West 41st. More recently, we witnessed the phenomenon along Cambie Street where some inexperienced developers paid much too much for the land not understanding that the city would be expecting additional payments.

    Today staff generally ignore the price paid, or claim to ignore it, and simply look at ‘appraised value’ before and after rezoning.

    The problems with this entire approach are too numerous to list. However, the net result is that many good developers have decided not to play the game and have moved their activities to municipalities that offer greater certainty. (Burnaby, Coquitlam and Richmond come to mind along with others.)

    They know it is too difficult to assess a project’s viability when you don’t know whether you might have to pay millions to the city in CAC’s based on ‘lift’.

    Some developers, who I won’t publicly name, but are well known in the industry, have managed to determine exactly how to play the game. They often come forth with a variety of ‘amenities’ that invariably cost much less to produce than the value ascribed in staff reports, and are confident enough in their relationships at the Municipal Hall, that they can buy sites and take chances that others pass on. Invariably they succeed.

    I am not making this up!

    Moreover, let me clarify that this happens under all political jurisdictions….In Vancouver it is not a Vision vs NPA or COPE issue. Indeed, as most industry insiders know, some developers are equally adept at working with any administration!

    Now, everyone knows that sometimes property values go down as well as up. They must be wondering what happens in such cases. If the city calculates a $4M CAC based on certain assumptions and the assumptions change, does the city give the developer some of his money back? Of course not!

    Although in the past the city has ‘helped’ at least one developer when faced with such a situation. While this is well known in the industry, it is not talked about publicly.

    No, I am not making this up either.

    So…while fixed predetermined CAC/DCL’s may not fully address the vagaries of the market, along with its ups and downs, this would be a much fairer system in the minds of most knowledgeable real estate professionals.

    Sure, it would result in less work for the appraisers, and less work and less bonuses for some real estate and development consultants who often assist developers going through the process. But it would result in a more certain, equitable development approval process.

    And believe it or not, a more certain, equitable and less arbitrary system would not only benefit the city and developers, it would benefit neighbourhood organizations and future buyers. But that’s another story!

  • West End Gal

    Michael #32
    After saying so many time “I am not making this up!” I have to say… I’m kinda becoming suspicious of what you’re saying.
    I’m not making this up, either! 🙂

  • FactChecker

    Michael; if all the developers are abandoning Vancouver to build elsewhere, how is it that so far this year CMHC’s housing starts data show the City of Vancouver with over 30% of the region’s activity with almost the same number of housing starts as Surrey, Burnaby and Richmond combined? In 2010 and in 2011 there were also more housing starts in Vancouver than in any other municipality (including Surrey) – it’s not just a 2012 anomaly.

  • Silly Season

    CAC’s Like Crack?

    Question: are we building out our city on the premise that the higher the tower, the bigger the CAC’s?

    http://www2.macleans.ca/2012/08/09/a-dense-idea/

  • boohoo

    I was going to say something about that article but the comments on that page pretty much sum it up.

  • Silly Season

    @boohoo Come on! Go ahead!

  • Michael Geller

    Fact Checker…your nom de plum is a misnomer!

    I didn’t say all lthe developers are abandoning Vancouver….I said many good developers are abandoning Vancouver.

  • FactChecker

    @ Michael You obviously know the development industry better than I do, so you can no doubt identify all those good developers who have abandoned Vancouver. Right now there are few obvious candidates who come to mind – certainly almost all the major development players seem to be building in Vancouver at present.
    My point is that many good developers seem willing to work within the city – more so than anywhere else, it would seem for now.

  • Roger Kemble

    But we should be very careful not to kill the goose that laid the golden egg that is our beautiful, livable city.Sean @ #12.

    I have been following this conversation reluctant to participate because, other than feeling the pain of my clients, I know nothing about CAC’s or other extractive alphabet soup. I do know development is market driven, so eliminating them is off the table.

    I practiced in Vancouver when all we had to do was pop into Thu Hall to pick up a building permit and a couple of weeks later . . . hey presto we had machinery on site. Nostalgia: it is useless.

    Obviously developers must contribute something to the communities from which they derive their wealth. If Wall and Macdonald can bet Rolls then we need more than a bit of their action (BTW who got the Rolls?).

    I am more concerned with what to do with the booty? Conventional practice has parks, community centres and . . . errrrr . . . green automobiles (now there’s an oxymoron)!

    Unfortunately we have a gullible public easily seduced. The architectural profession has learned a splotch of green on a proposal labeled park and another splotch, of varied colours labeled community center works for them.

    One thing Vancouver has too much of is badly designed, badly placed splotches of green as in that recent plan designed as a ruse to replace the viaducts.

    As for community centers and day care, I don’t know how many or how well sited are the ones already insitu. I do know, if such a label appears on a plan the public is a push over: ignore the limited community amenity and cost of participation.

    Vancouver already has too many parks badly sited and too many community centers with limited facilities (how many OAP’s play volley ball?) and day care inconveniently sited and too expensive.

    As for Michael “not making it up“, well, he does that all the time.

    And Sean’s unctuous comment, he must live in a sealed bubble. All I can say is, do not vote for such oleaginous delusions.

    Golden egg indeed? Banal!

  • jolson

    We in the lower mainland have over time built a world class mega city based on democratic principles, the idea of consensus, and the rule of law. The invention of development charges to fund public amenities may have made some sense when building new complete communities on the Expo Lands, but this system has no place in existing communities.

    Vancouver insiders well know that this system for capital funding of new public amenities is entirely arbitrary. Since developers pass on these charges, the end result from a consumer perspective is a “head tax” on newly located “Vancouverites” which then pays for public amenities that we all enjoy. The system is unfair to everyone. It is bad public policy and it is the source of endless shenanigans on all sides. The use of general tax revenues remains the best and most democratic economic means to deliver public amenities.

  • Aldyen Donnelly

    Based on a number of conversations I have had with a number of developers who do most of their great work outside of BC, the Vancouver CAC negotiation process looks, to the outsiders looks and smells like corruption. I am not saying the system is corrupt, but it looks that way to some and it keeps them away.

    More than how the fees are negotiated, I–like other posters–am more concerned about the city being possibily over-dependent on unsustainable revenues to finance continuing operating expenses. For this reason, I think the whole system needs a transparent review and revision.

    When it comes to revising the CAS, I would encourage the City to build some of its “greening” agenda into the permitting process. It is highly inefficient to have city staff developing pet “green” projects. They just don’t get it right enough of the time.

    But we could phase in, for example, a “no net new” energy demand/GHG emission condition on all new building permits. To get the occupancy permit, the developer has to prove that they have invested in initiatives that will result in a reduction in energy demand within city limits equal to or exceeding the new energy demand associated with the new development. Leave it to the developers, individually to decide whether they will finance energy retrofits for 4 existing houses, or co-finance the replacement of one of the many made-in-1955 train engines that roll through the city every day.

    The new CAS fees could be slightly less than they otherwise be without the addition of the “no net new” energy demand and emission permit condition. I can assure you, the market will respond to a no net new energy demand (a pre-condition to curbing emissions) permit condition, as population increases, much more efficiently than the bureaucracy will perform by picking and choosing pet projects.

    Putting this kind of permit condition in place should result, over time, in a lower net cost of governing in Vancouver.