Tag: Urban Living

Ask Pat: Encapsulation

Posted on . by Patrick Johnstone. Leave a comment.

TJ Sport asks—

Hi Pat, great blog.

From researching the OCP and Downtown Community Plan it looks like Front Street generates a lot of noise pollution and significantly reduces the air quality for residents due to the freight trains and trucks that use it. There have been talks of eventually encapsulating the train tracks and Front Street and even the zoning bylaws or OCP states the buildings should be compatible with encapsulation. Toronto looks to be doing something similar and placing a park on top.

I realize that encapsulating tracks and Front Street will be very expensive and is likely decades away (Frankly I’m skeptical that it’ll happen in the next 25 years) Any idea what the City has in terms of timeline, vision and potential land use on top of the structure? If the idea is dead in the water/a pipe dream/no longer part of the City’s vision what are the City’s plans to address the safety, noise, and pollution in the downtown area?

Short answer is the idea is no longer part of the City’s vision for the waterfront.

Over many decades, there were various vague plans to build over the rail lines on the waterfront and/or Front Street. I’m not sure when this idea was first floated, but with the de-industrialization of the port and re-imagining of the entire downtown waterfront and Quayside starting in the 1980s, a lot of visions came and were either realized or went away when a new vision came along. Looking through old City planning documents from the last half of the Twentieth Century, you can see some of the encapsulation schemes that were sketched up. Some frankly fanciful.

It was never (to my knowledge) costed, and it was not clear who would pay the monumental cost. Its also not clear if the railways would agree to encapsulation or if the Ministry of Transportation would agree to a regional truck route that did not permit hazardous materials (because they are not allowed in tunnels). I don’t think anyone was concerned about what happened to the businesses and historic buildings that face Front Street. The vision seemed to rely on the entire waterfront, from the River Market to the Pattullo Bridge, being converted to residential towers, at least a dozen of them. These were pencil-sketch concepts, and I’m not sure there was ever a real understanding how to get there.

As recently as 2010, the conceptual idea was still bouncing around, as it worked its way into the Downtown Neighbourhood Plan – the planning document that serves as the Official Community Plan for the area below Royal Ave. When the new OCP was adopted in 2017, the Downtown Community Plan was included as an Appendix – as placeholder until a new Downtown Plan was developed. And it included this:

Since then, events have unfolded, and these became the proverbial best laid plans. I would suggest the one event that was more significant than any other was the demise of the North Fraser Perimeter Road (NFPR).

To understand the encapsulation idea, we need to understand the NFPR. There was a vision around the Turn of the Century (can you believe that phrase applies to 20 years ago!?) to shift more of the riverfront landscape of the Lower Mainland to “goods movement”. The so-called Gateway Program  required the building of two limited-access high speed freeways, presumably to service trucks, but open to all traffic on either shore of the river. The South Fraser Perimeter Road was built, the NFPR was not. Primarily because of the horrifying impact on New Westminster.

The vision for the NFPR was 4 lanes, limited access, from a new expanded Brunette Interchange to the Queensborough Bridge connecting east and west to (not really clear). This may not sound so bad if the road is encapsulated from Elliot Street to Third Ave as suggested in the clip above (requiring, I note, the longest road tunnel in Canada), but what about east and west of there? There also existed the not-insignificant problem of pinch points like the historic Station building (Kelly O’Bryan’s) and interface with the SkyTrain guideway. Between the (federally regulated and not going anywhere) rail lines and other not-easy-to-move infrastructure, there simply wasn’t room for four lanes of traffic, buried or otherwise.

And there was the wider context of what it means to our community. If encapsulation addresses noise and fumes downtown, the NFPR only increases noise and fumes in Sapperton, in Fraserview, in the West End. And as more lanes always induce traffic, the knock-off traffic impacts on our surface roads would, if every other example in the history of building roads in cities has demonstrated anything, destroy the livability of many parts of the community within the noise-and-exhaust shed of the NFPR itself. Don’t get me talking about the Braess Paradox and Induced Demand.

The NFPR was a bad idea, and needed to be killed. It was killed in 2011 when TransLink proposed spending a couple of hundred million dollars on a key eastern connection to United Boulevard, and the community recognized it for the community-destroying freeway plan it was. I am really proud of the community who stood up to stop it, and the Council of the time (long before I was elected) that made it clear to senior governments that this was not on. We literally saved the City back in 2011, and TransLink went on to fund better things, like MOAR SKYTRAIN.

So without the NFPR, a different set of decisions had to be made. When it came time to invest in maintenance and upgrades to the Front Street Parkade, the lack of an NFPR meant we were able to right-size the structure by removing the older half of it, daylight some business fronts, and create a new public space. When the design for the Larco Parking Lot (now Pier West by Bosa) was being re-evaluated, we no longer wanted or needed an elevated podium cutting people off from the River, and were able to leverage another couple of acres of public park space for the Downtown. As we adopted whistle cessation downtown, as we design a new accessible pedestrian overpass to Pier Park, as we look at upgrades to the McInnis Overpass, as we plan greenway improvements along Stewardson, etc. etc., it is about planning for something that fits our community needs and connects our community better, not accommodating 4 lanes of high-speed truck traffic to slice our community in half, using an unbudgeted, difficult-to-realize, and half baked encapsulation idea to soften the blow.

The language in the Downtown Neighbourhood Plan has not been updated to reflect this change, but the planning we are doing around downtown certainly has. For the better.

Ask Pat: The River’s Edge

Posted on . by Patrick Johnstone. Leave a comment.

I said I was going to spend some of the holidays clearing the Ask Pat Queue. Here we go with the first one from a drummer of some note:

Heflip asks—

The development on front street along the river’s edge…the underground portion being well below water level…is this a smart idea? Some engineer somewhere thinks so I suppose. I guess we’ll find out if it sinks or not.

I assume you are talking about the Pier West project currently under construction at the foot of Begbie Street. Indeed, the history of the site, going from 5 towers to three to two, from over 1,000 units to under 700, from an elevated parking pedestal to below-grade parking, and the attendant public benefits is outlined in this previous blog post from around the time the current iteration was approved.

But you asked about engineering and water.

Yes, engineers think it is a fine idea, if a bit complicated and expensive. I am not an engineer, or even an engineering geologist, but I know just enough to recognize the engineering of this site probably looks more challenging than it is. The building is not built on soft riverside sediments, but is within them, and rests on a series of piles driven into well compacted glacial sediments and pre-glacial rocks (probably Huntington Formation?) that are not as far down here as people might think. Around the Lower Mainland and the world, there are many buildings on piles in much similar or more challenging conditions. Just in the photo above, there is the Alex Fraser Bridge, every tower on the New Westminster Quayside, and the dynamic loads of those container cranes at silos at the port.  The engineering of doing this work is really, really well understood by people who do that work, and seismic standards for this type of construction are remarkable. The buildings will almost certainly not “sink” any more than any other building built in the 21st century in the Lower Mainland.

Secant piles that will keep the underground garage and the river from interacting. Those numbers are “feet to the bottom”. They go a long way down.

The portion that is below grade is the parking structure, both for the building occupants and public parking for the adjacent park and commercial areas. By pushing the parking below grade, we were able to negotiate more than 2 acres of public park and waterfront boardwalk space, which will be a huge shift in how the Pier Park operates. The City will finally have a realized riverfront plan.

Parking “below the river” is an interesting visual, but again, not as challenging as non-engineers may presume, and not that unusual. Many of the buildings in the Quayside on New West have parking garages that are below the top of the river, especially during flood stage. The Secant Pile wall you can see on the site is a well-established construction technique that is very well understood by generations of engineers by now. The location of this structure is perhaps dramatic, but most large buildings with significant underground garage structures are in a similar situation, in that the lower levels of the garage are below the groundwater table, and are surrounded by water-saturated soils that would love to flow into the garage. Some manage this by actively pumping away the groundwater. But more commonly now, they just build the garage as a “bathtub” that is effectively waterproof, with a few sumps and pumps to address any minor leakage or seepage.

The building is also built to the currently required flood level, including anticipated sea level rise effects related to climate change during the life cycle of the building. But that gets us talking about floods and sea level rise, and I have another Ask Pat in the queue about that, so stay tuned.

Ask Pat: Zoning shops

Posted on . by Patrick Johnstone. 1 Comment.

Ject asks—

How do zoning and bylaws work in New West? It seems to me that allowing for small retail spaces in neighbourhoods like the ones surrounding Agnes and Carnarvon @ Elliot, for example, would be of great benefit to the community: More walking distance shops and such (I’m thinking coffeeshops, produce stands, maybe a convenience store) would make this area more walkable, livable and agreeable to its inhabitants. I have seen some small stores close to brow of the hill, and I know that there are stores on sixth, but why not more centric?

To answer your first question: it works like zoning everywhere else in BC (except Vancouver), because although the powers local government have under zoning are very broad, they are set out in Provincial legislation. And as in many other things, when it comes to zoning power, the Local Government Act giveth, but the Community Charter taketh away.

There is a lot of talk in urbanist and activist circles about zoning, some even suggesting that it is more trouble than it is worth. There is no doubt the history of zoning is problematic (racist and classist zoning was more the norm than the anomaly for North America for much of the twentieth century), and it is currently a cause of (or at least a functional part of) a lot of inequity in communities. However most don’t really understand what it is as a tool in modern local government.

Many armchair planners have a perhaps SimCity-derived thought that zoning is designed to keep noisy, polluting, industries and busy, crowded commercial areas separate from comparatively pastoral and quiet residential areas, so people are healthy and can sleep at night. But in BC, that type of high level distribution of land use is more achieved by an Official Community Plan (OCP). Zoning is a finer-grained distribution of land uses within those bigger categories. It also speaks more to the size, shape, and form of development within neighborhoods, and it also manages more specific land uses and how different land uses are mixed together within the same area. A neighbourhood might be designated Residential in the OCP, but zoning may allow “four floors and a corner store” types of buildings, or even stand-alone buildings that don’t necessarily “fit” the strict OCP designation for the entire neighbourhood, like a stand-alone cafe in an otherwise residential neighbourhood.Map of the OCP designations for the eastern part of Downtown from the City’s on-line map.

It’s important to note that zoning doesn’t necessarily drive changes in use, it is usually the other way around. If a specific use is allowed in a zone, it doesn’t necessarily mean anyone will actually come along and do that use, or build a new building for that use. Council rarely re-zones or changes the allowable uses on a zoned piece of land unless a landowner requests it by making a rezoning application – they want to change the use and ask the City for permission.

Map of zoning designations in the eastern part of Downtown from the City’s on-line map.

The thing about zoning is that zoning changes for any lot need to be approved by Council, and (this is the big part) Council can say “no” to a change for pretty much any reason they want. Most powers of Councils are limited by legislation or common law, and we are expected to act reasonably. In administering building permits (as a random example), we cannot capriciously withhold a permit if you want to build something – as long as what you are building meets the zoning and the building code, no bylaws are violated, and you pay your fees. We can’t just say “no” without providing a reasoning for why, and can get dragged into court if we act arbitrarily in refusing you a permit for, say, a bathroom renovation. But if you ask us to change your zoning, we have almost unlimited power to say “no” and you are unlikely to have any recourse.

As a result, a City can ask for pretty much anything in exchange for zoning – Development Cost Charges to pay for sewer, water, and transportation upgrades, so-called “Voluntary” Amenity Charges to pay for other things in the City, we sometimes ask for a strip of land to be dedicated to the City for a boulevard, or sidewalk replacement or other upgrades to adjacent City lands. We can ask the developer looking to re-zone that they build space in their proposed building for Daycare use or Affordable Housing or that they build more (or less) parking, or that they paint their building a different shade of blue. Every rezoning is a negotiation.

Now, this of course is a power a wise Council will not want to abuse. Besides making ourselves unpopular and getting voted out, making rezoning too onerous will cause landowners to scoff at the demands, and no-one will invest in developing your City, which might mean you will not achieve the goals of your OCP. On top of this, the community may lose out on those amenity benefits that could be negotiated. Of course, a Council could cynically use this piling on of demands as a great way to prevent new housing from being built while not appearing like you are opposed to new housing. “This development just didn’t quite do enough to address (pick a concern)” is a great stall tactic that effectively shuts down development as easily as saying no, with predictable results. But as a practicality, most Councils want to make sure the community gets “its share” of the value that the developer receives when a property is rezoned. It’s a balance, and no-one does it perfect.

The point is, if we abolished zoning, we would need to replace it with another tool that provided the community an ability to leverage a fair share of the land lift (the increase in property value that comes with zoning changes in a land-constrained region such as ours) in order to pay for the externalized cost if development and community growth. Right now, it is the best tool we have for that because it is the only tool that gives Local Government negotiating power.

But you were asking about zoning for small retail. This has been a topic of *much* discussion over my 7 years on Council, going back to the last big OCP update. Part of livable, walkable, dense urban communities like Downtown New West is being able to walk to some basic services. I feel fortunate that I live in a part of the Brow of the Hill where I am a <10 minute walk from most services, and as such can do most of my shopping by waking or riding my bike. But there are areas of New West with a paucity of services within such a short distance, like the west part of the West End, parts of Upper Sapperton, or Port Royal in Queensborough. There are also some areas like the east aside of Downtown (as you note) are surprisingly far from some services, and probably don’t achieve the walkscore we would like to see for such a dense community.

Expanding on your example of the east part of Downtown, most of that area (other than Columbia Street, which is commercial) is zoned for low-rise multi-family residential, with a note in the zoning that higher density may be permitted if enough amenity is provided. Any retail coming to this area would need a rezoning. Would Council approve such a rezoning? I don’t know, but I doubt we are going to be asked to any time soon.

There is an ongoing discussion locally and regionally about retail space. I have heard owners of commercial property argue there is too much, and if Cities require retail space as part of new mixed-use developments, they will remain empty, especially as the traditional retail environment has been Amazoned into a state of… shall we call it uncertainty? Others suggest high lease rates and somewhat onerous triple-net lease terms are a result of there being too few spaces available and commercial owners holding all the cards. There is also a universe where both of these are true at the same time, and location and neighbourhood characteristics determine where your street or block fall on that spectrum.

Developers definitely would rather build residential, given the option, because they know the demand is there. Build residential, and it will sell for a pretty easily predicted price per square foot. Commercial space is not as certain. Building a residential property is also more predictable in how you fit it out. Every home needs a toilet and sink in every bathroom, countertops and appliances, wired and plumbed for in suite laundry and known kitchen appliances. But a commercial space is largely unknown. To use your examples, a coffee shop, a produce stand, a convenience store all need very different layouts, plumbing, electrical loads, even locations of doors. So commercial space built on speculation is built as an empty shell, creating uncertain costs for anyone who hopes to lease them and fit them out. I can point you to several places in the city where retail-at grade is still an empty shell years after the residential building it sits on is occupied.

So when the City talked about updating the OCP for the middle part of Sixth Street (between Royal and 4th), the question was raised about whether requiring retail at grade was worthwhile. Perhaps having more residential spaces built will provide better support to the existing retail spaces on Sixth, and zoning for retail grade is making it uneconomic to develop. The same conversation ensued along the Twelfth Street retail strip. Is more retail space needed? If we force developers to build retail at grade, will it be occupied? More importantly, will it make it so hard for a developer to make any money developing the area that nothing gets built, and then the existing retailers don’t have nearby customers. The answer is not simple, and opinions vary.

Where we do see new community-serving retail is in major development projects. Plaza 88 is an obvious example. I think if we were planning Victoria Hill now (instead of 15-20 years ago when the vision for the community was being hammered out), we would include more commercial spaces, and perhaps a few larger retail spaces, though no-one is going to open a major grocery there (with a Safeway and a Save-on each just a little over a km away). That said, the few spaces that are there have taken a significant amount of time finding their purpose. Was that because there are more spaces than needed, or because there are two few to create a real “hub”? The long-proposed “Eastern Node” development area in Queensborough would finally bring some community-serving retail to Port Royal, which is now an established medium-density residential neighbourhood with nary a place to buy an apple. In hindsight, the long wait for this commercial node is really disappointing for the City, and for the residents of that neighbourhood. Hopefully these lessons are being learned and Sapperton Green looks to not only bring more commercial square footage, but is phased to bring it earlier in the neighbourhood development.

So, back again to eastern downtown. To my knowledge, there is only one development in the works in that neighbourhood, and it came to Council as a preliminary application as a mixed use residential, affordable housing and childcare – but no commercial space. For a new commercial space to be built in that neighbourhood, someone would have to come to the City with a plan, and go through a rezoning to make it happen. I cannot predict if Council would support this plan or not, but for the reasons I outlined above, that is just not where the market is for development now, or really where the market is for retail. Neighbourhood convenience stores you do see around mostly have one thing in common – they have been there for a long time and are very low-cost operations. Starting a new one would probably be a financial risk with little chance of recovery. I suspect if you could make money doing it, people would be doing it. So, alas, I wouldn’t hold my breath for any new commercial or retail being built in that area (other than along Columbia) any time soon.

Getting to AAA

Posted on . by Patrick Johnstone. 2 Comments.

Last month I put forward a motion (passed unanimously by Council) asking that we commit to planning and building a AAA Active Transportation Network in New West. I thought I would take a bit of time to outline what that means (from my point of view, anyway, because I am always cautious not to speak on behalf of all of Council) and talk about why I think it is important for us to do it now.

As I am often using terms more familiar to transportation advocates than your average person, maybe I could start by talking about the italicized-in-blue term I just used. Because this is not just about bike lanes. Though it may include bike lanes.

“AAA” stands for All Ages and Abilities, to differentiate it from infrastructure built specifically for me – the “avid cyclist” stereotype. I’m a healthy middle-class middle-aged sorta-fit guy who has been riding bikes pretty consistently for more than 45 years. I have raced bicycles (mostly mountain bikes; remarkably unsuccessfully), I have commuted by bicycle in big cities and small towns, ridden next to highway traffic over mountain passes sometimes more than 100km in a day. I even spent some time as a bicycle courier in downtown Vancouver, back when that was something people did. Because of this history, I have a high tolerance for danger and an inflated sense of invincibility. I don’t need bicycle lanes or special infrastructure to get me riding my bike. I’ll ride anyway (and probably irritate a few drivers on the way, but we’ll get back to that). AAA bike infrastructure isn’t for me.

Transportation advocacy used to be about people like me – wanting to make trips safer for a American Wheelmen (yes, that was the name of an early cycling advocacy group, and by early, I mean until the 1990s). But there has been a shift in North America since then, following after a couple of decades of progress in Western Europe, to shift towards making cycling infrastructure work for more people. Ideally, everyone who chooses or might choose to ride a bike (or trike, or quadcycle, or handcycle, etc.), but may not be avid about it. Like the way many people drive cars or ride buses, but aren’t avid drivers or avid passengers.

There is also advocacy around “880 Cities”, the idea that if you build a City that is safe enough to make an 8 year old and/or an 80 year old comfortable and independent in public spaces, it is making the space safe and accessible for everyone. You can read into that that people should be able to ride their bikes to school, even in elementary school (like I did as an 8-year-old). An 80-year-old should be able to ride as safely as they can walk, to expand their reach and options in a community and make them less reliant on cars (like my Mom does, with the help of her E-bike). To build for these users, we need to build AAA.

This corresponds with talking about Active Transportation Routes instead of the more restrictive “bike lane”. This means infrastructure should accommodate adult trikes or recumbents for people who may rely on the extra stability they offer. It should also be comfortable to share with people who rely on scooters, electric wheelchairs, or similar lightweight controlled-speed rolling devices. Multi Use Paths (MUPs), where pedestrians are mixed with rolling users should be built in a way that accommodates both user groups and their distinctive needs. Moving bicycles off of busy roads and onto sidewalk-style MUPs makes the bicycle riders feel safer from the larger, faster vehicles, but it may do so by making bicycles the larger, faster vehicles making some pedestrians feel less safe, unless a MUP is built what that in mind.

Finally, we need a network. Bike lanes are like roads, sidewalks, and pipes: they don’t do as much good until they are connected to something. Some people note they don’t see a lot of people using the Agnes Street bike lanes, or the bike lanes in front of the new high school, but both of them represent an important first piece of infrastructure that isn’t yet connected to a network. For users like me, it’s great to have those sections of increased safety; for less confident users, 100m of missing safety between two great bike lanes can be the barrier stopping them from riding on either. This is the issue being addressed by current region-wide “Ungap the Map” campaigns.

So, where is New West now? We are six years into the current Master Transportation Plan, and have made serious progress in pedestrian safety and accessibility. Though it lags behind a bit, we are starting to see some key parts of our planned cycling network come into place. However, the planned bike network envisioned in the MTP is no longer, I would argue, the vision for a AAA Active Transportation Network we would choose to develop if we were starting today. We can, and should, do better.

By way of sketching on the back of an envelope, our current network of infrastructure that meets AAA standards looks something like this:This is a map I sketched up using MSPaint just for discussion purposes. This is NOT an official City of New Westminster map, and possibly not even accurate.

There is some good stuff there, but it is disconnected and incomplete. Of the AAA we have, it leans heavily on the MUP-in-the-Park bikes-are-for-recreation model of the 1990s.

In my mind, a complete AAA network built off of our existing system would look something like this:

Once again, not a map created or endorsed by the City of New Westminster or anyone else. I just sketched this up to facilitate a discussion. Actual plans will probably look different than this.

Note that there are two kinds of future AAA Active Transportation routes shown in my sketch. Those shown in Yellow would comprise separated and protected bike lanes and/or MUPs (like the Agnes Greenway or the CVG past Victoria Hill), where people rolling or riding are not expected to share space with cars. The other type is shown in blue, where bikes might continue to share road space with cars but only if there are specific structures to significantly calm the traffic and force cars on that route to move at bicycle speed. No cars passing bikes, no person on a bike placed between a moving car and a parked car, and intersections designed to be safe by people using all modes. There are several routes like this in Vancouver (I think sections of the Ontario Street or 10th Ave bikeways in Mount Pleasant qualify), and maybe London Street through the West End is the closest example in New West (though there could be some improved calming and signage there). There is some work for us to do to establish the standards we want to apply to safety/comfort of these routes to call them AAA, including the level of traffic calming we can achieve vs. the need to separate.

Finally, I want to emphasize that the time is now to do this work, for a variety of reasons.

One result of the pandemic is that it resulted in a generational shift in how people around North America move about their cities. Bicycle take up has happened at an unprecedented rate, such that stores across North America ran out of bikes and parts to maintain them. Add to this the battery and technology revolutions that have brought reliable e-assist bikes and other personal mobility devices that open up active transportation to many people who did not see that as a viable option previously.

Some communities have seen more rapid pick-up in this shift than others. And surprisingly (unless you have ever been the Madison Wisconsin or Boulder, Colorado), it is not warmer climate or flatter topography that correlates with this take-up, it is the availability of safe infrastructure. Like roads – build it and they will come.

Examples abound, but I’ll limit myself to two: In Paris, Mayor Hidalgo introduced Plan Velo, and committed to 1,000km of cycle paths, a key part of the 15-minute City vision, transforming her city into one that is now seeing close to a million bike trips a day. Recently, emboldened by a landslide re-election, she doubled down with another $300M investment in expanding bike lanes. The City of Lights is becoming a City of bikes.

Closer to home, the work Victoria has done since adopting a 5-year plan for a AAA bike network in 2016 has been equally transformative. With most of the network now installed, it is seeing incredible take-up, and Victoria has established itself in a few short years as one of the most bike-friendly cities in Canada.

At the same time, senior governments in Victoria and Ottawa are funding Active Transportation projects as never before, so we don’t have to pay for this alone. But right here in New West, we have introduced an ambitious climate action plan, framed around 7 Bold Steps. These goals will not be achieved unless we start shifting how we move around, and how we allocate road space in the City, and only a complete AAA Active Transportation network will get us there. The time is now to commit to this work, and to ask staff to give us the data we need to integrate that commitment in to our 5 year capital plans.

Downtown

Posted on . by Patrick Johnstone. Leave a comment.

I put forward a motion last Council Meeting regarding revitalization of Downtown, and I thought I would write a bit of a follow up about my thinking in working with Councillor Trentadue on this motion. The motion was seconded by Councillor Trentadue, and supported by all of Council, but it is always important for me to remind folks that what I write here on my blog reflects only my thoughts, not necessarily those of my colleagues on Council. Though my ideas on this have been informed by some really enlightening discussions with business owners downtown and members of the BIA.

It has obviously been a difficult last year and a half for many in our community. This in no way makes us unique in the Province or in Canada, but I want to recognize that the results of the Pandemic hit the historic Downtown of New Westminster at a time when there is already a lot going on, both good and bad. Perhaps that requires a bit of a step-back to look at Downtown New West as a Regional City Centre, and what makes it unique.

The City of New West has committed to the Regional Growth Strategy shares with the other 20 Municipalities that make up Metro Vancouver; a plan aligned with the TransLink Regional Transportation Strategy. A keystone to both of these plans is the increase in new density in identified Regional City Centres – with Downtown New Westminster being one of those identified centres. The vision for these centres is higher density mixed use (commercial, office, retail and residential) at high-service transit nodes to reduce reliance on cars. As a result of this plan and our exceptional Transit-centric location, Downtown New West is becoming one of the densest and most rapidly-growing residential neighbourhoods of the region. Being one of the few such centers with a strong historical walkable street scale, it is also one of the regions of the Lower Mainland most reliant on Transit, and least reliant on cars as a primary transportation mode.

Indeed, since the Downtown Community Plan was developed, we have seen significant residential growth, especially in the last few years, with some key developments coming on line. With more recent emphasis on Family Friendly suites, Purpose Built Rental, and Affordable Housing, there is a much richer and dynamic residential mix in the community as ever. This is even extending to there being more young families buying in the older and (slightly) more affordable units in Quayside. In short, population is booming Downtown, which should be good for local-serving retailers.

At the same time, we have had some significant setbacks. The loss of a portion of the Pier Park was probably the highest profile, and definitely reduced the public space amenity for Downtown residents, but the more recent loss of the building that housed 4 businesses on Church and Columbia was a real punch in the gut. This came after we lost an anchor retailer as the Army & Navy closed their last 5 locations. At the same time, the great work the BIA has done over the last decade to activate the street and draw people into Downtown through events and directed promotion has been hamstrung by Pandemic restrictions. And, though I am optimistic about the medium-term benefits of some of the larger developments currently under construction in the downtown, the ongoing impact of construction noise and disruption is further eroding livability at a time when these impacts pile up. And then there is the damn sewer work.

I would argue that the role of Downtown New West are a Regional City Centre makes it fundamentally different than our other (still important and valued!) commercial strips like historic Sapperton, Uptown, Ewen Ave or 12th Street. I would also argue that Downtown is facing a different set of challenges than the City’s other commercial areas, and needs a different and more proactive approach. And it needs it soon.

There are some interesting contrasts in Downtown. There is actually not an abundance of leasable retail space available right now for a new business to set up in. Indeed, there are a few businesses doing really well downtown, and at times the streetscape is really inviting. There is, perhaps surprisingly, a fair amount of office space in all three class levels yet office vacancy is under 5%, which is one of the lowest office vacancy rates in the Lower Mainland. At the same time, there are vacant storefronts in buildings that have been verging on decrepit for a long period of time, creating significant “gaps” in the retail environment. Finally there are sites like the Copps store site (still a hole 8 years after that devastating fire) and the Kyoto block empty lot right across from the Anvil Centre (empty 7 years after Council last saw a development proposal) that seem to need motivation to get activated.

The motion here is not to put pressure on existing business operators in the downtown – they are doing their best in tough times. Nor does the City have real power add specific retail businesses residents might like (be that a hardware store or a haberdashery). What we are asking is for staff to suggest tactics the City can apply to get these underperforming lots and derelict buildings activated. Though I (of course) have ideas, we really need Staff guidance to let us know what the suite of regulatory tools we have, as the relationship between a Municipality and any business is strictly defined in the Local Government Act and the Community Charter. We appear to have some special powers under the New Westminster Redevelopment Act that we have not yet exercised, and I would love to understand that fuller.

We also may need to have a conversation about street-level retail/commercial space having an amenity value we can apply in new development proposals. I would also love to see us evaluate radical parking relaxations for new buildings on Columbia, in light of the Transit-Oriented Development goals of the neighbourhood. The prohibitive cost and significant risk related to digging deep holes for parkades may be a barrier to innovative builders interested in making something cool happen on Columbia, and the value represented by that parking may be better applied at assuring buildings support other goals in the historic downtown.

These are my opening thoughts, I really hope in further conversation with the business owners, our City’s great Economic Development staff, and the wider community, we can bring some confidence back that Downtown New West will be a walkable, livable, full service community that supports its growing population.

#elxn2021 Housing

Posted on . by Patrick Johnstone. 3 Comments.

Are we all enjoying our election now?

I spent a bit of time this weekend looking at platforms, and thought I would review the housing policies announced so far, seeing as how housing policy was in the news a bit this week, housing policy is interesting to a local government type like me, and I happen to live in a community where there are persistent numbers of unhoused and precariously housed people, where the rental vacancy rate is stuck at an unhealthy under 2%, and where the housing market is becoming out of reach for a larger number of current residents and people who would like to live here.

Canada has a Constitution in which housing and municipalities are provincial responsibilities. We need to keep this in mind when talking about federal campaign promises, especially in areas where the federal government wants to intrude into local government planning processes. The reality is they will need to work with provincial governments to make any changes in things like zoning laws or “red tape” around the building approval processes. They do, however, have significant financial resources to fund housing, and can leverage that to incent provincial and local governments to make changes if they want access to those funds. They also have significant, almost unlimited, taxation powers to similarly incent changes in how the housing market operates.

What are the major parties proposing to address the housing crises?

The Conservative plan has been recently touted by some members of the Bro Wing of the Vancouver YIMBY crowd, and there is a lot in the housing section of their Platform on the Supply Side. The “Housing Problem” is framed as “supply is not keeping up with demand”, which suits the traditional YIMBY narrative. Alas, the primary tools to deal with that seem to be stopping foreign speculators and making mortgages easier. Oh, and building 1 Million new homes in three years.

Let’s start with that aspiration. Canada currently “starts” about 250,000 homes a year, and we have (if we want to compare to our G7 cohort) a housing deficit of about 1.8 Million homes. If we are meant to read this 1 Million in 3 years as all homes, that means about 250,000 over the current rate for the next three years, or a 33% increase in homebuilding. This is ambitious, based on the current reality of the building industry and material supply situation that is challenged to keep up with existing construction. If it is meant to be read as 1 Million over the base rate, then we are talking about a 130% increase in the current rate of building, which would be impossible outside of adopting a serious wartime reconstruction effort, and seriously inflating the cost of construction, so let’s assume the former.

Anyway, there is little detail on how they would do even the more modest 33% increase. The aspirational goal is not reflected in any of the details in the rest of the plan. Call me a cynic, but I don’t see the modest suite of boutique tax credits and crackdown on foreign speculation as leveraging a massive boost in housing starts. Add this to the climate targets as great numbers we will never reach.

There is a good bit in the plan incentivizing Transit Oriented Development by tying federal transit funding to Municipalities approving density near that transit. This is a good idea theoretically, though I am not sure what the mechanism would be. In the BC context, I suppose they could ask a Municipality commit to a more growth-oriented Official Community Plan, but the negotiations between adjacent communities (such as, say, West Van and the North Vancouvers) over who had to take what density over what part of a new Transit Line would surely bog down any kind of negotiation about transit expansion. As we have learned from some current examples, OCP commitments can be ignored by a City with little or no penalty, and you can’t stop building a transit line if a new Council is elected and reneges on the promise when the NIMBY voices arise. The chicken and egg debates should be interesting to watch. Also, this would seem to do nothing to get new transit built to already dense communities, nor to densify communities where transit service already exists. A good idea theoretically, but in practice likely to become one of those “Red Tape” things that will only be an impediment to both housing and transit. Let’s let the Transit agencies decide what transit they need.

There is a telling bit in the platform that is window into the mindset of who this platform is written for (perhaps as much as the uber-suburban photo they use as the header for this section of the platform – I stole copied it for my header here). When listing off the “Everyday Canadians” (they didn’t say Old Stock) that were impacted by the housing shortage, they include “…the retired empty-nesters wanting to downsize without losing all their home equity to pay for an overpriced condo”. This only-houses-are-homes mindset pervades the platform, including the plan to stop foreigners from buying “homes” for two years (and maybe longer), while providing tax benefits to encourage foreign speculators to buy up rental properties. Add this to the boutique tax credits they want to give landlords to “encourage rental investment”, and steadfast resistance to extending capital gains taxes to houses, and it became clear the need to put roofs over heads is secondary to securing the value of the housing stock as an investment. Then they will make it easier for you to get a higher-risk mortgage to get into that market. Though gas on the fire is something every Party promises.

As far as the non-market part of the housing spectrum, the entire Conservative platform seems to be 1,000 beds for people recovering from addiction. There is no serious plan outlined here to get the federal government back into funding housing in the way it did during the housing boom years of the last century, and the embarrassing conflation of addiction with homelessness is, well, embarrassing. It appears the Million new homes will have to rely on the Invisible Hand to wield the construction hammer.

The NDP Housing platform got a bit of guff from the same Bro wing of the YIMBY crowd last week, as Jagmeet Singh put out an unfortunate tweet that didn’t hit the tone they were hoping for – both playing up the vaguely xenophobic “stop foreign speculation” angle also prevalent in the Conservative platform, and floating a renters tax credit that is strangely absent from the actual platform. The Platform itself is as lengthy on housing as the Conservative one, and identifies the “Housing Problem” through a slightly different lens – that of the 1.6 million Canadian Households that are precariously housed (spending more than 30% of their income on housing) and the fastest-growing housing prices in the G7.

The big aspirational goal is 500,000 units of affordable housing in the next 10 years – perhaps not ambitious enough, but much more likely achievable than doubling our housing starts overnight. And by emphasizing the affordable component, they both indicate this is largely above the baseline of new building happening now, and is perhaps being more clear on where they see the Federal Governments role – inserting themselves more actively in the part of the housing spectrum where the market is failing to fill the need.

The primary tool here is fast-start funding specifically directed at affordable housing providers and Co-ops. To me, this is the place where the Federal Government’s major tool (they hold most of our money) is most useful. From the post-WW2 plan to build houses for returning soldiers to the 1970s investments in Co-op housing, it was always the federal government’s ability to finance large capital investment that made housing affordable for all. It is no coincidence that our housing crises began when the Federal Government got out of the business of building subsidized housing in the Chretien/Martin years. We can push the market to provide more housing, but unless we provide options for those the market has left behind, we are not going to get to where we were 40 years go on housing. It is also great to see the NDP talking about change CMHC rules to support innovative ownership models, such as co-housing and co-ops to bridge the gap between renting and traditional home ownership, between supportive and market housing. This is an area where Canada lacks innovation.

The anti-foreign ownership part is a 20% tax on non-resident purchases, but no outright ban, and of course a similar tip of the hat to stamping out money laundering The throwing-gasoline-on-the-fire part is slightly less ambitious than the Conservative plan, with a return to 30-year mortgages and an increase in the homebuyer credit for first time purchasers. They would also like to waive sales tax on affordable rental units – a small savings, but clearly directed and in the right direction.

The thing about the NDP Platform is that Housing section is supplemented with mentions of housing in the addressing poverty section (because putting a roof over someone’s head is a the first step to breaking the cycle of poverty for many), in the sections addressing the needs of veterans and seniors, and later under infrastructure investment. There is also a separate and very comprehensive section addressing the unique housing challenges in indigenous communities (both on reserve and off). There is a sense through the platform that housing is at the centre of a lot of inequity issues across our country, and that we can’t keep applying the market-only approach that got us into this mess and hope to get out of it.

I cannot comment on the Liberal plans, because we haven’t seen any yet. Just as I was about to hit “publish”, they roll it out, and there is a lot there! I will take as read the context of what they have offered as Government over the last 6 years as the housing market and homelessness have gone off the rails. It is banal at this point to say Liberal Platform Authors often overestimate the willingness of Liberal Governments to do things, but here is where their plan points.

The “Housing Problem” is summed up as “…for many – young people in particular – the dream of owning their own home feels like it’s moving further out of reach“, and indeed a theme of the Liberal Housing Platform seems to suggest renting is something people are forced to do in that whacky time of life, and government’s job is to support renters in overcoming this temporary set back and encouraging them to buy a house. It really is that dismal. Renters can enter some arcane rent-to-own scheme (supported by giving money to landlords, natch) or can set up a First Home Savings Account, because the one thing people under 40 spending more than 30% of their income on housing have is $40,000 of extra cash to save for a downpayment. A Home Buyers Bill of Rights only calls into contrast the lack of a similar effort to protect the precariously housed in rental housing.

There are many things here to help people enter the spiraling housing market: increasing the first time homebuyers credit like the NDP and meddling with the mortgage insurance market. There is also a two-year foreign purchasing ban just like the Conservatives, a tax on vacant foreign-owned property, and the ubiquitous tip of the hat to money laundering crimes. There is also an anti-flipping tax which will make at least one of their Vancouver candidates unhappy.

When it comes to the supply side, the Liberal ambition is to spend $4 Billion on “accelerating” building of 100,000 Middle Class homes (their underline emphasis, not mine) by 2025, which by my math is an increase on the existing baseline by 10%. There is some weirdness in here about providing this to Municipalities to do things like hire planners, and forcing cities to use vacant land for homes, but Middle Class homes is not something we lack in a community like New Westminster or something our planners spend a lot of time or energy on, nor is it something out inclusionary zoning efforts are directed at. there is a subtext in here I just can’t square with what our actual needs are.

But it’s the homelessness and the non-market portion of the housing spectrum where this platform really falls flat. The approach is “more if the same” towards a goal of reducing homelessness by 50% by 2027. A program that is, I note, not working and an ambition that is embarrassingly lacking in ambition. This is not a National Housing program or ambition appropriate for a G7 country, one of the wealthiest countries on earth.

ASK PAT: Omnibus edition

Posted on . by Patrick Johnstone. 2 Comments.

I want to clear some Ask Pats off the queue, some that have been there for  a while, but I don’t really have detailed answers to, but are just sitting there in draft form filling me with the angst of failed promise, so here we go:

JC asked—

Hi Pat I read your great article on the “cycle” route on the Perimeter Highway and you were bang on. Do you know that there still is so much garbage in the “bike lane” that it is almost impossible to ride and I was so scared as a seasoned cyclist from the speed of the trucks (at least 110 kms ) that my life could have been taken early. Nothing has been done obviously since your article. Who would I call in regards to this extremely dangerous “cycling” route?

I don’t know.

The Ministry of Transportation? Nope, they privatized off all of the road maintenance in a neoliberal flourish a couple of decades ago.

Maybe Mainroad Lower Mainland Contractors? Nope, as it seems they cover all Provincial Highways in the Lower Mainland, except the North Fraser Perimeter Road.

Try Fraser Transportation Group / Mainland Fraser Maintenance LP, who is contracted to “the Concessionaire, Fraser Transportation Group Partnership led by ACS Infrastructure Canada Inc.”, whatever that means, but I assure you is a completely different company, I think. They have a useful phone number: 604-271-0337. Let me know how that works out.

By the way, driving on the SFPR from the ferry last week, I saw two separate, unrelated, vehicles broken down and parked in the “cycling lane”. Long enough for some safety-conscious crew to go out and put traffic cones around them so passing vehicles that may cheat into the “cycling lane” don’t accidently bump into them at 110km/h. Safety first.

Chip asks—

I’m 54, living in a 45 an up condo. I am the owner. My common law who I’ve just gotten back together with is 41. It says s if a spouse is younger the age restriction does not apply. Does this mean common law as well?

I still get occasional questions like this about age-restricted condos, because I wrote this piece several years ago. I honestly don’t know much about them that isn’t in that piece, or even if everything I wrote back then is still applicable. The only thing I can tell you for sure is that Local Governments have no control over them. So best ask the Strata, or someone in whatever Ministry of the Provincial government regulates them.

Tim asks—

Pat, I have a very nice car that I only use in the summer and drive on weekends. It is parked on the street in front of my girlfriend’s house. My question is: Can I put a car cover on it to protect it from the wear and tear of summer UV, dust, and rain or will I be ticketed?

Congratulations. I have a 1996 Honda Civic. Hatchback. But enough bragging, to your question: I don’t think there is a specific law against it, and I can’t find anything in the Street and Traffic Bylaw. If you are allowed to store your car there (i.e. you are parked as legally entitled), then I don’t suppose there is any reason you can’t cover your car. I suspect you want to have your parking pass or license plate visible to prove you are legally entitled to park there, as I don’t think bylaw enforcement staff should have to dig around under a cover to do their job, but you know, I’m not a lawyer, police officer or even trained in Bylaw enforcement. So as you review this paragraph and see the number of weasel words and claims of no authority I make, you might want to note that and recognize if you take this response in front of a judge and try to use it to plead you were given permission from a City Councillor and the ticket you got therefore doesn’t apply, I’m totally throwing you under the bus. Good luck!

Ross asks—

It’s great that the City has EV charging on the street lamps! But what’s less great is when ICE drivers block access to the chargers.

The charger on 3rd at 6th is blocked by ICE drivers more often than not. I get my hair cut at the barber shop in that building, and I’m only able to get my EV plugged in about a third (or fewer!) of the time. ICE drivers like to park in those spots because they’re still free parking, whereas the street parking on 6th has parking meters. What would it take to get the city to install parking meters on 3rd along that first block where the EV chargers are? It would disincentivize ICE drivers from blocking the chargers just to avoid paying for parking, and would increase the availability of the chargers for EV drivers without restricting the spots to be EV-only, and might make the city a few extra coins too.

It seems to work like that on Carnarvon at 6th, because I’ve *always* been able to get plugged in down there no problem. Can you help make this happen, Pat?

The City’s Streets and Traffic Bylaw says no-one can park at a public charging station for more than 2 hours at a time, but I know staff are working on an update of that Bylaw, and making it illegal to park an ICE at a charging spot was on the list of changes being discussed. This is probably better than parking meters, because we are already charging a nominal fee for charging, and I think two separate charges for the same spot would be confusing for folks. Interesting to think that we should probably expand it a bit from and ICE restriction to a “only park here when paying for charging” restriction. I can’t guarantee anything (I’m only one of 7 votes on Council) but I’m all for it.

Anyway, if you have a question about the City of New Westminster or City Council, be sure to hit that red button up top and send me an Ask Pat. It sometimes takes me a while, but I do try to answer. In the meantime, enjoy the first Federal election of the peri-Apocalyptic age, and try to avoid breathing the air.

ASK PAT: bikes, etc.

Posted on . by Patrick Johnstone. 1 Comment.

Alvin asked—

We were looking to get clarity on the bylaw for riding bikes on trails specifically glen brook Ravine. My 5 year old son (regular bike) and I were attempting to ride down as we have for years down Glenbrook Ravine and we were accosted by a woman who flipped out at my pedal assisted bike. It is an ebike but We are riding safely, going down hill and the power wasn’t even on. We were riding walking speed, literally 5km or slower. I understand the bylaw is riding max 20km or slower.

I was unable to find any info on the acceptability of riding bikes in general on trails. If not I will avoid this in the future but I always see people riding here that it never crossed my mind that it could be illegal. Just wanted guidance on the bylaw as I want to follow the proper rules.

Shane asks—

Bit of an odd question, but as the owner of sole Velomobile in NW. I’m always curious to what people think of it. When I first got it, I showed up to the Hyack Parade with Cap’s Sapperton to show it off. Even today I often over hear people arguing if its a bicycle or a car. Has there been lots of chatter in city hall about my different type of vehicle for commuting? I had heard horror stories from other Velo owners about cops stopping them, but so far ours have been great.

For those who haven’t chased me down, its a tricycle with a fiberglass body for aerodynamics and weather protection. Weighing about 90 lbs, my long-bike is much heavier.

These two questions both bounce around the same theme, which is bicycles as regulated vehicles. I’m seen as a bit of the “bike guy” on Council, though I’m not the only one who rides a bike regularly, and one even has one of them fancy new e-scooters (you won’t believe which one, but we’ll get to those later). I do feel the need to caveat everything below by saying: I’m not a lawyer or legal professional, I’m just a lowly geologist trying to understand these regulations as best I can You should NOT take this as any kind of definitive legal advice or get in to an argument with a police officer or, Gord forbid, a judge, based on what I wrote here. You’ve been warned.

I have several versions of the same rant in the archives in this blog that touch on how poorly governments at all levels are doing at adapting to the new reality of how people get around in urban areas, on the roads, trails and parks, so this looks like a good opportunity to unpack that a bit.

For the most part, bicycle use on roads is regulated by the provincial Motor Vehicle Act. The MVA applies on most roads in cities, and though local governments can create Bylaws regulating cycle use, we are generally able to add regulations to the MVA, not supersede or reduce the MVA regulations. Bylaws also tend to regulate things like trails and sidewalks more than roads. For example, the Motor Vehicle Act makes it mandatory to wear a helmet when riding a bicycle on a roadway, but if there is a pathway through a park in the City, it is up to the City to make a Bylaw to require helmets there.

“Cycles” are defined in Section 119 of the MVA as “a device having any number of wheels that is propelled by human power and on which a person may ride and includes a motor assisted cycle, but does not include a human-powered wheelchair, skate board, roller skates, in-line roller skates or regulated motorized personal mobility device.” Put all those qualifiers aside for a few paragraphs, and the simplest interpretation is that a human-powered pedal device that has a recumbent seat and a plastic shell that covers the rider like Shane’s Velomobile is clearly a “cycle”, and regulated as such.

You have probably heard some version of “bicycle riders have the same rights and responsibilities as cars” under the MVA, or “bicycles are vehicles under the law”. Both of these are wrong, perhaps already surmised by the fact that no-one in BC is required by law to wear a helmet while driving a car (though automobiles are the #1 cause of traumatic head injuries… ugh, I am trying to avoid digressions like that…). More precisely, Section 183 of the MVA starts with “In addition to the duties imposed by this section, a person operating a cycle on a highway has the same rights and duties as a driver of a vehicle” then lists in a few dozen clauses and sub-clauses the many duties people on cycles have above and beyond that of drivers, like requiring you keep a hand on the handlebars, have a light at night, etc.

The MVA also has regulations around what is defined as a “motor assisted cycle”, that being a device to which pedals or hand cranks are attached that will allow for the cycle to be propelled by human power, to which is attached a motor of a prescribed type that has an output not exceeding the prescribed output. The MVA basically says you need to be 16 years or older to use one on the road, but other than that, its a cycle. “Prescribed” in this definition mean there is somewhere else in regulation that puts limits on the device, so if you have a e-bike, you need to worry about the Motor Assisted Cycle Regulation.

That regulation says any e-bike in BC must be electric (not gas), is limited to 500watts power and 32km/h speed. It also requires that the electric motor not be active unless the person is also pedaling – it cannot be “engine only”. This is probably surprising to anyone who has watched the recent ubiquity of electric motorcycles on bike paths. They are illegal on the road, but not illegal on many bike paths unless the Municipality has a specific Bylaw preventing them, because of that whole part above about the overlap between MVA and City Bylaws.

This may leave you asking, what about electric kick-scooters, electric skateboards, or those one-wheel electric TRON-thingies you see whipping around town? There are some references in the MVA to “skates, skate boards, sleighs”, but only to say they aren’t cycles (so their users do not have the rights or responsibilities of cyclists), and that Local Governments can regulate them as they see fit, but there does not appear to be a strict prohibition of them either. However, there is another category of device called “regulated motorized personal mobility devices”, and this is where most rational people stop trying to understand the law, because section 210(3.2) of the MVA says “the Lieutenant Governor in Council may make regulations in respect of regulated motorized personal mobility devices,” then goes on to list the kinds of things the LG could regulate, if they so felt like doing so, but leaves you to hunt for said regulations. Aside from something called the “Electric Kick Scooter Pilot Project Regulation”, I cannot find any provincial regulation that exists to manage these devices. Please review the “I’m not a Lawyer” part above.

So this brings us to Municipal Bylaws. In New Westminster, we have the Street and Traffic Bylaw, which regulates our roads and trails and sidewalks above and beyond the Motor Vehicle Act. In it, cycles are defined pretty much like in the MVA:

As an aside, I love this restriction:

Anyhow, the City’s Bylaw regulates cycling about the same as the MVA, which in effect means on City streets regulated by the MVA, the MVA limits apply, and on bike paths and trails in the City, the Bylaw applies the same restrictions as the MVA. The Bylaw further restricts skateboards and skis and scooters and the lot:

The way I read this, you cannot do any of the above on a Street, but you can on trails, most sidewalks, and multi-use paths as long as you follow traffic rules and exercise appropriate care and attention. Nothing on here says anything about motorized devices, (which is probably a gap we should be concerned about). Here is the list of Sidewalks where you are NOT allowed to cycle or skate:

Notably, nowhere in this Bylaw are speed limits imposed. Our Parks Regulation limits the speed of all Motor Vehicles (as defined by the Motor Vehicle Act – so not cycles, not scooters, etc.) to 20km/h, but that is really directed to regulating the limited roads and parking lots in our parks, not trials like in Glenbrook Ravine, where there shouldn’t be any vehicles at all.

So to answer Alvin’s question, unless there is a sign that says “no cycling”, you and your son are good to go. Though there is no strict speed limit I can find, I think reasonable and safe operation on a multi-use path like in Glenbrook Ravine would be something in the 20km/h range, and closer to 10km/h when near pedestrians. However, everyone has their own comfort level when it comes to interacting between bikes and pedestrians, so the best rule to keep in mind is to give other people lots of room, go a little slower than you think you probably should, and don’t be a jerk, even if they are a jerk to you. But it is hard to write that into a Bylaw, like “No Stunting”.

Ask Pat: Vacant Land Tax

Posted on . by Patrick Johnstone. 1 Comment.

Boy, its been a while since I did one of these, and there are a few in the queue. Sorry, folks, I really mean to be more timely with these, but to paraphrase Pascal, I don’t have enough time to write shorter notes. No Council meeting this week, so maybe I’ll try to knock a couple off. This was a fun one:

T J asks—

Has anyone proposed some kind of empty lot tax to encourage developers or property holders to activate the properties into some kind of use? Prime example corner of 5th Ave & 12th St but many others throughout downtown we noticed over a weekend walk.

Yes, people have proposed it, but it currently isn’t legal.

Municipalities in BC are pretty limited in how they can apply property taxes. For the most part, we are permitted to create tax rates for each of the 8 property classes assessed by the BC Assessment Authority (Residential, Industrial, Commercial, Farm, etc.), and all properties that fall within a class are assessed the same rate. That means Condos, rental apartments, townhouses and houses pay the same mill rate because they all fall under Residential Class, and big box multinational retailers pay the same mill rate as your favourite mom & pop haberdashery. Local Governments aren’t permitted to pick and choose preferential tax rates within those categories to, say, favour Mom & Pop over the Waltons, or favour Rentals over Condos, or favour improved lands over vacant lands.

Since the tax you pay is based on the assessed value, owners actually pay less tax on vacant land than on “improved” land, because the assessed value of the land is a combination of the value of the land and the value of the buildings upon it. Playing around in the BC assessment website, you can see sometimes the building is worth as much as the land, in some cases the building value is close enough to zero that tax essentially only relates to bare land value. Therefore, investing in land improvement on vacant or derelict properties increases the assessed value, and increases property taxes. In a sense, the current property tax system incentivizes keeping an investment property unimproved.

Best I can tell, the Provincial Speculation and Vacancy Tax does not apply to vacant or derelict properties – but don’t take that as legal advice (this is a blog post, not official communications from a tax professional), though the BC gov’t website is a little vague on this specific point. Maybe you will have more luck than me getting clarity from the legalese.

Interestingly, the City of Vancouver’s Empty Homes Tax does apply to vacant properties that are designated for residential use. Vancouver was given that ability through an amendment to the Vancouver Charter, so it is not applicable to municipalities regulated by the Community Charter like New West, and the province doesn’t seem interested in expanding it to other cities (see below). Regardless, as this tax is designed to incent owners to bring vacant residential property in to use, it would also not work to encourage the activation of the commercial properties like you mention in Downtown New West.

But your question was whether anyone has proposed this? The way Local Government leaders would propose this is to send a resolution to the UBCM meeting asking the Provincial government to change the legislation to make it possible. If the majority of Local Gov’t elected types at the UBCM convention vote to endorse this resolution, it becomes an endorsed resolution – an “official ask” of government. My quick review of just some recent UBCM resolution sessions turns up resolutions in 2016 (“B3- Vacant Land Taxation”), 2017 (”B91 Tax on Vacant & Derelict Residential Properties”), 2018 (“A3 Modify Speculation Tax: Local Government Vacancy Levy”), and 2019 ( “B19 Extension of Vacancy Taxation Authority to Local Governments”) all asking for some form of taxation power for vacant land, all endorsed by the membership of the UBCM.

Every year, the Provincial government responds to these resolutions, usually with some form of “we’ll think about it”. This excerpt is from their response to the 2019 resolution:

So, yeah, don’t hold your breath.

That said, as the Provincial Government notes, Local Governments do have some ability to fine derelict or unsightly property owners, though it is a somewhat onerous and staff-time-consuming process to demonstrate nuisance, and the Bylaw does not extend to our ability to say one must build a building on a lot. You are entitled to own an empty grass field or an empty gravel parking lot, as long as it doesn’t constitute a nuisance. Any attempt to use this Bylaw authority as a de facto tax would surely not survive a court challenge.

New Westminster does have one special power, though, and it is found in a unique piece of Provincial Legislation called the New Westminster Redevelopment Act, 1989. I would call your attention to Section 3 of the Act, as it is a bit of a Mjolnir-like piece of legislation. But that is probably best saved for a follow-up blog post as we talk about the current situation in Downtown New Westminster.

Tired

Posted on . by Patrick Johnstone. 3 Comments.

It’s exhausting.

I just don’t know how to talk about this, especially in a family friendly way. Swears are all I got left. Not the kind you yell out, but the kind you just mumble. We are all waiting to get “around the corner”, the “light at the end of the tunnel”, or whatever metaphor you want for being done with the bad news. So we can start working on building things instead of rushing to fill newly dug holes, start getting healthier instead of staunching the flow of bad shit. But the bad shit keeps on coming. It can be crushing. Our tear supply runs low. Damn.

I don’t know if it is confirmation bias or something systemic, but fire seems to be a thing of modern New West, not just the legend of our past. Maybe it’s the cost of having so much 100-year old infrastructure that was preserved due mostly to decades of neglect, but still doesn’t quite have the value in it to fully modernize. Or the remnants of our pioneer spirit that emphasizes tacking on the new instead of maintaining the old. Or maybe it’s just a run of bad luck. Like the last one and the one before, this one hits hard, and will change us.

Like many people in New West, I have my personal stories about these spaces. The Pho place became our go-to for soup-like weather (like Monday was, strangely enough) when they replaced the reliable old-school pasta place that was there for so many years no-one remembers a time before. Watching the slow migration of the décor from Mediterranean to Vietnamese became part of the charm of the place, but the Hue-style spicy soup is what brought me in, and the staff are such nice people. We were rooting for them to survive the lockdowns.

I’m not a renowned denizen of night clubs, but even I had a couple of memorable nights at the serial-name-changed night club, some best-not-related (Happy Birthday, Jeremy!), but I think the night dancing with the Pattullo Bridge costume and losing a vote to a dead Kennedy will be one of the legends of my life.

And then there is the Heritage Grill, and yeah I am giving it the extra emphasis. So many plans were schemed in that back room with the sketchy AV system – more than a few of them implemented. So many New Westies met their cohort for the first time in that space, so much music (most of it good!). For all its quirks and foibles, that corner of Columbia and Church was a place where community was built. The owner, Paul, took a risk on opening a small live music spot 16 years ago when most thought Columbia Street wasn’t ready for this kind of thing. He then went about making New West ready for it, by making the space welcoming to artists, musicians, and any organization wanting to do something different in the community.This is how I will remember the Heritage. The backroom filled to capacity at a funraising (fundraising?) event for a political cause the folks in the room will remember fondly.

The Heritage Grill became a hub for the Pride community, for the environmental community, and a few political careers were launched there. The $10 Burger and Beer fundraiser was the easiest way for a small organization to raise a little seed funding, and start a movement. Paul was so generous in giving space to the community, I’m glad to see the community is finding a way to give back to him. Help if you can.

Addendum: Hey, I’m not a tattoo guy. I’m apparently the last person on earth to not have ink in their skin. But I recognize that a tattoo artist also creates a community around their work, and the loss of this business also impacts our residents, our downtown and the people who put their passion and skill into a business. It just wasn’t top of my mind while writing this up, as it was not a business I had a personal contact with. No slight intended. Also, two other Funding Campaigns have been set up to support the owners of Happy Buddha and Pho Pho You to help them get through this time. Thanks Rosie for pointing these out to me!  

We feel the loss, those of us who received so much from these community businesses over the years, but I can’t imagine the loss being felt by those whose dream was building that business. Now, of all times, after a year of holding on by their fingernails, the tree branch is taken away. Overnight. Right when re-opening was on the horizon. Shit.

It’s too early to suggest what this means for Downtown. The loss of a 100 year old building and vibrant community-supporting businesses is tough. Another gap in the streetscape scares me just as much. The prospect that this site may sit empty for a decade or more, like the last fire site downtown where the owners appear to have no motivation to bring the streetscape back into active use, or the empty lot at the corner of 8th and Columbia where the owners have apparently lost interest in activating their approved plans, or the decrepit and effectively abandoned property at 4th and Columbia… There is a momentum here we clearly need to shift, only I don’t know how we shift it. That is the conversation we need to have if we hope for Columbia Street to be the community-supporting street many of us want to see. Does this fire push is back another step, or is it motivation to push us forward?

I guess we’ll see.

But for now, there are people to thank. The fire department once again spent an exhausting weekend making the city safe, dealing with stresses and dangers the rest of us can’t know. As has become practice for major events, the fire services of our neighbouring communities came out to provide assistance, and we owe those communities our gratitude. The Police were there to support them, managing traffic, keeping the public safe, and no doubt had to deal with both the curious and the devastated, and as always did so with professionalism. City engineering crews had to deal with drainage not designed to deal with this level of water or debris, and set to work assuring utility services are still useable by neighbouring properties. Electrical crews have to find a work-around to the loss of distribution line and transformers, and hope to get the local neighbourhood back up and running before Tuesday when everyone expects their life back to normal. In an event like this, there are so many people who need to do unexpected work on a long weekend – stuff that is definitely not in their workplan, and certainly not something they booked off work Friday afternoon figuring they would be doing. The very least the rest of us can do is see that the work isn’t thankless. Thank you all.

And then it’s over to us. The community, the BIA, the businesses downtown, the owners of property, and us folks in City Hall. Today the Province announced the restart plan version 2, we need to get those vaccines in our arms and show a couple more weeks of diligence and that light at the end of the tunnel will be upon us. Maybe the restart is the good news we have been waiting for. I know we’ve all been working as much as we can – emotional labour especially – over the last year. Now we get to do the other stuff, and see what we can build. So take a deep breath, mutter out a few curses, take time to think about all we have lost, and get to work building something memorable.