Wal-Mart loses rezoning appeal for South Vancouver landholdings
By Charlie Smith
One of the world’s largest corporations has failed in its appeal of two land assessments in South Vancouver. In a ruling by the Property Assessment Appeal Board on August 12, panel chair Mark Goodall upheld earlier assessments of Wal-Mart Canada Corp.’s landholdings at 86 Southeast Marine Drive and 101 East 69th Avenue.
Because municipal, regional, TransLink, and school taxes are charged on the basis of assessed values, if a landowner gets the assessed value reduced on appeal, he or she will pay lower taxes as a result. Goodall determined that for both Wal-Mart sites, the assessed values of the properties were actually lower than the market values.
The assessed value of the land at 86 Southeast Marine Drive—$24.81 million—was slightly lower than the market value of $26.23 million, according to Goodall’s ruling. The difference between the assessed value of $70.93 per square foot and the market value of $75 per square foot “falls within a reasonable fair market value range”, he wrote in his decision.
Goodall concluded that the adjacent land at 101 East 69th Avenue was assessed at a lower rate—$62.32 per square foot—than the market value of $75 per square foot. The 2008 assessment pegged the land value at $11.78 million, whereas the market value, according to Goodall, was $14.18 million.
“The 2008 land assessment for 101 East 69th Avenue would appear to be low,” Goodall wrote in his ruling, “however as the Assessor has not requested an increase, I confirm the current 2008 assessed values.”
“Improvements”—what has been built on a property—were assessed at $284,000 at 86 Southeast Marine Drive and $391,000 at 101 East 69th Avenue.
Wal-Mart Canada is a subsidiary of Wal-Mart Stores Inc., which posted US$401 billion in sales in its last fiscal year. In 2001, Wal-Mart Canada applied to the City of Vancouver to rezone the land in order to allow a large Wal-Mart store, two other large stores, and two restaurants.
Most of the land is zoned as industrial, but each of the two sites has a 13-metre-wide frontal strip zoned for residential and parking uses. According to Goodall’s decision, the city has an agreement with the landowner restricting the use of these strips for walks, driveways, and landscaping. He noted that the city’s rezoning policies and guidelines for the area state that proposed uses should not undermine nearby neighbourhood centres.
In 2005, the Coalition of Progressive Electors–controlled council rejected Wal-Mart’s rezoning application. The following year, the Non-Partisan Association–dominated council voted to permit Wal-Mart to reapply for rezoning, but the corporation has not done so, according to Goodall’s decision. Canadian Tire, on the other hand, filed a successful rezoning application for a nearby site at 26 Southwest Marine Drive.
In its appeal, Wal-Mart representative David Nishi-Beckingham suggested there was a less than 50-percent chance of getting the land rezoned. Goodall rejected this, citing material from B.C. Assessment representative Lyle Dunn.
“Mr. Dunn’s evidence is that the City of Vancouver planners have indicated to the Assessor that there would likely be no impediments for the approval of a large format home improvement, furniture or home furnishings store,” Goodall wrote, “however a retail impact study, including that of retail clothing, such as was required for Canadian Tire at 26 S.W. Marine Drive, would be required in a development proposal.”
Wal-Mart also claimed that there was an “inequity” in its assessment because the Real Canadian Superstore site located at 350 Southeast Marine Drive was assessed at $59.67 per square foot. Dunn pointed out that Wal-Mart’s sites offered superior access because they were on a street corner. In his ruling, Goodall rejected Wal-Mart’s claim that its assessments should be changed to come into alignment with that of the Real Canadian Superstore.
A Vancouver developer is holding a contest with the prize of a condo in the South Main Street neighbourhood. Amacon has partnered with the radio station Classic Rock 101 to give away a unit in its District development. The winner also walks away with a $10,000 Harley-Davidson Nightster, a $10,000 home-theatre system, a $5,000 iMac workstation, and a $4,000 Fuego barbecue. For more information, go to
www.rock101.com. The winner will be announced on November 6.
http://www.straight.com/article-257450/walmart-loses-appeal
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