BYLAW NO. 1848 — 'City of Langford Development Procedures, Amendment Bylaw No. 19, 2019' (FIRST, SECOND AND THIRD READINGS)

Staff Report to Council

Date:

May 21, 2019

Department:

Planning

Subject:

Bylaw Nos 1848, 1849, and 1850 - Planning, Subdivision and Building Application Fee Adjustments

Background

At their Regular meeting held May 6th, 2019, Council adopted Bylaw No 1838 to approve the 2019 Tax Rate, which includes an increase of 2.49%.

Commentary

As has occurred in previous years, staff have prepared bylaws to amend the Building, Planning and Subdivision related fees commensurate with the general tax increase. As such, Bylaw No 1848 has been drafted to adjust the following fees by 2.49%:

• OCP amendment applications;
• Rezoning applications;
• Public Hearings;
• Development Permit and Development Permit amendment applications;
• Development Variance Permit applications;
• Letters of exemption;
• Temporary Use Permit applications;
• Board of Variance applications;

In addition to these fee adjustments, staff have included some minor changes to the Planning fee schedule in this bylaw, including:

• Removing obsolete fees;
• Updating inconsistencies in the commercial, industrial, and business park form and character Development Permit fee categories; and
• Clarifying wording in the Development Permit Amendment categories.

Bylaw No 1849 includes a 2.49% fee adjustment to Subdivision related fees as well as adjustments to the administration fee and per lot unit fees collected at the initial and final stages of the application process. The administration fee has been increased to better reflect basic staff time required regardless of application size at these steps in the process, and the per-unit multiplier has been reduced to offset this increase somewhat.

Bylaw No 1850 includes fee adjustments to Building Permit related fees.

Financial Implications

Generally increasing fees to keep up with the cost of living should maintain the relationship between applications and cost recovery, which Council is required to continue under Provincial legislation.

Legal Implications

None.

Options

That Council:

1. Give first, second and third reading to Bylaw No. 1848; and
2. Give first, second and third reading to Bylaw No. 1849; and
3. Give first, second and third reading to Bylaw No. 1850;

OR

4. Take no action at this time with respect to adjusting application fees

Submitted by:

Leah Stohmann, MCIP, RPP, Deputy Director of Planning

Concurrence:

Adriana Proton, Manager of Legislative Services

Concurrence:
Matthew Baldwin, MCIP, RPP Director of Planning

Concurrence:
Michael Dillabaugh, CPA, CA, Director of Finance

Concurrence:
Braden Hutchins, Director of Corporate Services

Concurrence:
Darren Kiedyk, Chief Administrative Officer

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CITY OF LANGFORD

BYLAW NO. 1848

A BYLAW TO AMEND BYLAW NO. 209, “DISTRICT OF LANGFORD DEVELOPMENT PROCEDURES, 1997”

The City of Langford Council in open meeting assembled enacts as follows:

1. Bylaw No. 209, cited as “District of Langford Development Procedures, 1997” is amended by:

a) By replacing Schedule ‘D’ with the following:

"Official Community Plan Amendment Fees

Zoning Amendment Fees

*Fee reduced to $2,047 if public hearing waived
**Add $2,238 for the creation of a new zone designation"

b) By replacing Schedule ‘E’ with the following:

"Development Permit Fees

If any work for which a permit is required commences prior to a permit being issued, the fee payable shall be doubled.

• Interface Fire Hazard Development Permit Area (ONLY) – Development Permit for one- and two-family residential development on an individual lot and/or the creation of not more than two lots by subdivision where development is fully compliant with Interface Fire Hazard design guidelines.
  $287

• Riparian Development Permit Area (ONLY) – Development Permit for one- and two-family residential development on an individual lot where no work is occurring within a Streamside Protection and Enhancement Area (SPEA) as defined by a qualified professional;
  $572

• Two-Family Residential (Duplex) - compliant with Design Guidelines and which may or may not include Interface Fire Hazard Development Permit Area;*
  $917

• Two-Family Residential (Duplex) – not compliant with Design Guidelines and which may or may not include Interface Fire Hazard Development Permit Area and may or may not include variances;**
  $2,350

For combined Environmentally Sensitive/Hazardous and Form & Character applications, fees shall be paid on the basis of the greater of either the Environmentally Sensitive/Hazardous Development Permit Area(s) Impacted (column A) OR the scale of development (column B)

*A duplex development permit issued by Council’s delegate
**A duplex development permit issued by Council

Development Permit Amendment Fees

The Director of Planning may consider the following types of amendments to an issued Development Permit, where such changes maintain the overall intent of the previously issued Development Permit and are consistent with the Development Permit Area Guidelines appended to Zoning Bylaw No. 300

• Minor amendment for changes that are eligible for a Development Permit Exemption in accordance with s.1.4 of Appendix A to Zoning Bylaw No. 300
  No Fee, unless a Letter of Exemption is requested or required

• Minor amendment for changes that:
  • Require the issuance of a Development Permit Amendment for the purpose of issuing a variance to reduce a bylaw requirement by no more than 10%
  $229

• Moderate amendment for changes that:
  • Require the issuance of a Development Permit Amendment for the purpose of:
  • Increasing floor space by more than 10% of the GFA originally approved, but less than 20%;
  • Issuing a variance to reduce a bylaw requirement by more than 10%;
  • Adjusting a streamside protection and enhancement area per the conditions specified in s.2.3.4 of Appendix A to the Zoning Bylaw No. 300 and where such adjustment is supported by the project biologist
  16% of the original fee

• Major amendment for changes that are not considered to be a Minor or Moderate amendment
  27% of the original fee

• Appeal Fee (if Development Permit cannot be issued by Council’s delegate)
  $1,432 in addition to above fees

• Development Permit Issued by Council with Variances (other than duplex)
  $1,432 in addition to the above fees

• Letter of Exemption from the Requirements of a Development Permit
  $115

Other Fees

• Board of Variance
  $715

• Counter Petition: If the City is required to provide a counter petition opportunity as a result of any planning related application (Official Community Plan Amendment, Rezoning, Development Permit, Development Variance Permit, and Temporary Use Permit).
  $642

Development Variance Permit Fees

• Application Fee
  $1,432

Temporary Use Permit Fees

• Application Fee
  $2,007

• Renewal Fee
  $287 "

2. This Bylaw may be cited for all purposes as "City of Langford Development Procedures, Amendment Bylaw No. 19, 2019, Bylaw No. 1848".

READ A FIRST TIME this day of , 2019.

READ A SECOND TIME this day of , 2019.

READ A THIRD TIME this day of , 2019.

ADOPTED this day of , 2019.

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MAYOR

(Certified Correct)

CORPORATE OFFICER