Payment in Lieu of Parking Bylaw 853 - Update Report

PAYMENT IN LIEU OF PARKING BYLAW 853 - UPDATE

RECOMMENDATIONS:

THAT Committee receive this report for information.

CHIEF ADMINISTRATIVE OFFICER'S COMMENTS: I concur with the recommendations.

DIRECTOR OF DEVELOPMENT SERVICES' COMMENTS: I concur with the recommendations.

DIRECTOR OF ENGINEERING' COMMENTS: I concur with the recommendations.

DIRECTOR OF FINANCE'S COMMENTS: I concur with the recommendations.

PURPOSE OF REPORT:

The purpose of this report is to present an update to Committee with new information based on legal review of the existing draft bylaw as presented to Committee of the Whole on May 14, 2013, and to request future direction on the ultimate form of the bylaw.

UPDATE:

Payment-in-lieu for parking space provision allows a municipality to accept a cash payment over providing parking spaces as required by zoning. Previously staff had interpreted Section 906 of the Local Government Act in such a way that Council would first have to grant a variance for the parking space, in part due to the practice having being adopted by several other British Columbia municipalities. Legal review of the draft bylaw has informed staff that this is not the case. The option to provide cash over providing a parking space is an as-of-right option provided to an applicant based on the conditions laid out in the cash-in-lieu bylaw. Council may still grant variances, but no cash is to be paid by the applicant if granted.

The relevant part of Section 906:

906 (1) A local government may, by bylaw,

(a) require owners or occupiers of any land or building or other structure to provide off-street parking and loading spaces for the building or other structure, or the use of the land, building or other structure, including spaces for use by disabled persons,

...

(d) as an alternative to complying with a requirement to provide off-street parking spaces under paragraph (a), permit, at the option of the owner or occupier of the land or building or other structure, the payment to the municipality or regional district of an amount of money specified in the bylaw.

This requirement for as-of-right cash-in-lieu payment has some important ramifications in how the bylaw is implemented:

• Areas of the municipality for which this will apply should likely be identified to avoid insufficient parking provison in certain areas. Staff proposes to base this on OCP land use designations and OCP policies recommending areas of reduced parking requirements.
• A percentage of parking available for such a scheme will have to be identified, which can vary based on the areas described above.

This will not apply to one family or two family uses (including those within CD zones) and thus not to secondary suite parking. In the future, these areas could be revisited to take into account land use changes such as regional transit stations.

The Committee report from May 14, 2013 is attached to this report for reference, and can be referred to in this context.

STAND-ALONE BYLAW VS ZONING BYLAW:

Another concern raised by legal review is the ultimate form of the bylaw – legal review suggests that it be included as part of the new Zoning Bylaw (as it currently is in the Land Use Bylaw 1990 No. 35) as there are other Local Government Act Section 906 matters remain addressed by the core Draft Zoning Bylaw. Review suggests it’s less confusing this way. Staff, upon reflection, agrees.

Staff seeks direction from Committee on the following matters:

1. Staff wishes to proceed with the provision of a cash-in-lieu scheme based on Form & Character Development Permit areas, including:

   • Identifying areas for which the bylaw would apply
   • Identifying acceptable percentages of cash to accept in lieu of parking in these areas.

   Staff requires additional time and effort to produce something which works and which can be brought back to Committee/Council. Is this something Committee wishes to pursue?

2. Staff wishes to include the cash-in-lieu scheme within the draft Zoning Bylaw. Is this Committee's desire?

RECOMMENDATIONS:

THAT Committee receive this report for information.

SUBMITTED BY: J. Davison MCIP RPP, Planner

REVIEWED BY: Chase MCIP RPP, Director of Development Services

ATTACHMENTS:

1. Report to Committee of the Whole, May 14 2013