Official Community Plan

Workshop

Special Council meeting

August 25, 2009
Presentation Purpose
from Council over the next
Obtaining a clear direction

couple of hours is hoped to save hundreds of

hours of staff time in the future.

•To highlight some planning issues that staff need Council’s input and
direction
•To clarify and discuss these issues at a high level or in the broad sense
•To get Council’s feedback and direction on a number of planning issues
that in turn will help staff develop policy that clearly defines where we are
going in terms of developing the OCP
Today We’ll Discuss…
• Purpose and Content of an OCP
• Community Vision
• The Climate Action Charter and Bill 27
• Growth Management and Land Use
Planning
• Community Building and Amenity
Contributions
• OCP Policy Revisions and Expectations
Purpose of OCP
Section 875 of LGA
“An OCP is a statement of objectives
and policies to guide decisions on planning
and land use management,
within the area covered by the plan,
respecting the purpose of local government.”

Although all OCPs have the same purpose, the

approach to “guide decisions” varies.
Content of OCP….
• OCPs must contain the content listed in section 877, which
includes approximate location, amount and type of land uses.
• OCPs may contain any of those matters listed in section 878
including policies relating to social needs, enhancement of
farming and the natural environment.
• Section 866 provides a requirement for a regional context
statement in OCPs where a Regional Growth Strategy is in place.
• In cases where the local government wishes to include a matter in
an OCP for which they do not have regulatory authority, the plan
may only state a broad objective for areas within provincial
jurisdiction [LGA s. 878(2)].
• In addition to topics identified in the Act, the Minister can require
that policies be developed on other matters.
Alignment with
Other Plans
Regional Growth Strategy
Community Vision
What is Visioning?
• A vision is an ideal future state
• A process by which community defines the future it
wants

A strong and well articulated vision statement is

the guiding force for all policy as well as the ultimate
touchstone that will help the community assess,
‘Did we make it’ when the plan is revisited at a future point.
Why Visioning?
A visioning process brings community together as people
recognize their shared values and purposes; creates a
sense of ownership in community residents and serves
as a foundation to a community plan
Why Visioning?

A clear vision will take the guess work

out of future land use planning and the
development application approval
process for all involved.
Climate Action Charter
The DWK is a signatory to the
Climate Action Charter
Local governments that sign the Charter pledge to:
• become carbon neutral
• measure and report on their community’s
greenhouse gas emissions profile
• work to create compact, more energy efficient
communities
 How much of a priority is it for the district to address
climate action in planning and development decisions?
200
180
160
140
120
100
# of Respondents
80
60
40
20
0
1 2 3 4 5 6 7 8 9 10 Issues Scoping Survey
Not a priority Strong priority May 2009
• Completion of OCP #1
Growth Management
Priority
• Identify sustainability best
practices
• Identify opportunities for
sustainability and climate
actions throughout
District operations
• Climate Action Plan,
Water Conservation,
Green Technology also
identified in document
Bill 27: An Overview

“Bill 27 gives local governments the

tools to help them reduce greenhouse gas
emissions, conserve energy and work
towards creating more compact and
sustainable communities.”

- Province of BC
Bill 27: Multi-Pronged Approach

• Targets, policies, and actions to be

incorporated in OCPs
• New Development Permit Area designations
• Greater authority to vary off-street parking
• New cash in-lieu of parking reserve fund
• Expanded DCC authority
Bill 27: Targets, Policies and
Actions in OCPs
Municipalities are required to:

• Establish targets to reduce GHG emissions

• Include policies and actions indicating how they
will achieve the targets

Required content by May 31, 2010

Comox Valley Example Targets
DRAFT TARGET: Average size of rural lots with one home
• 2020 ~ 5 acres
• 2030 ~ 8 acres
• 2040 ~ 10 acres
• 2050 ~ 15 acres

DRAFT TARGET: % of residents living within a 400 m walking distance

of a transit line that will take them to major work, shopping and school
areas:
• 2020 ~ 15%
• 2030 ~ 35%
• 2040 ~ 55%
• 2050 ~ 70%

DRAFT TARGET: % of residentially zoned neighbourhoods that permit

suites
• 2020 ~ 75% Draft Comox Valley Sustainability Strategy
• 2030 ~ 80% Prepared by: HB Lanarc 2009
Bill 27: New Development Permit
Area Designations
May designate development permit areas for
the purposes of:
• Reduction of GHG emissions
• Energy conservation, and
• Water conservation
May include requirements for:
• Drought resistant landscaping
• Siting of building (solar orientation)
• Specific features in development (permeable
services)
Development Permit Guidelines
City of Richmond

• Sunlight access –
minimum 75% of
dwellings & open spaces
receive direct sunlight
every day of the year
• Minimum north-south
spacing
• Orient windows to the
south in order to
maximize solar gain
• Operable windows
Energy Performance
Standards via Rezoning
Bowen Island
Rezoning applicants are expected to achieve
Built Green™ “Gold”, and EnerGuide for New
Houses 80 for new residential development
Courtenay
All mid-rise buildings required to achieve
minimum LEED Silver as a condition of zoning
Connecting Climate Action
and Land Use

Land use decisions have a lasting

effect on greenhouse gas emissions

Poor land use decisions result in

higher emissions today and impact our
ability to reduce these emissions well
into the future
Life Span of Land Use Decisions

• City structure and layout 75 – 200 years +

• Buildings 50 – 100 years
• Infrastructure 20 – 100 years
• Systems & equipment 5 – 30 years
Growth Management and
Land Use
Growth Management, Land Use
and Wildfire Interface
While wildfire interface issues are being dealt with as a
strategic priority issue; growth management, land use
decisions, and the development approval process are
an important component to reducing risks associated
with wildfire interface.
The OCP review will revisit existing policies and revise land policies and DP
guidelines to reflect Fire Smart Community recommendations.
Growth Management

Defining how growth will occur and

how the built environment will look
advances quality of life as well as
the attractiveness & competitive advantage
of a community that is so critical
for attracting residents, visitors and jobs.
Growth Management
• New development is essential to achieving a
complete community
• The location, composition, density and design
of new development can have an immense
impact on:
• Sustaining a healthy economy
• Reasonable cost of living
• Effective public services
• Housing choice and accessibility
• Environmental and agricultural protection
• Quality of life
• Community character
Growth Management
“To build on land use practices that reflect on the
District’s community needs which include
affordable and livable neighbourhoods, village
centres for residents or tourists, and protection of
the environment”

“Focus development in a different way”

“Implement and integrated approach to

development and development decisions”

-2008 DWK Annual Report

How Do You
See Growth
Occurring?
How does Council see growth
occurring?
What does “focus
development in a different
way” mean to Council?
Food for thought…the “top fears” identified at PUBLIC
IDEAS FORUM (p, 71)
1. Loss of agricultural land reserves
2. Sprawl
3. Overcrowding and congestion
4. Loss of wildlife and natural habitats
5. Lack of community vision and long-range planning
Future Land Use Plans

Planning tool or form of approval?

“A proposal may meet with a designation

on the Future Land Use Plan…but
it may be refused if it fails to consider
all of the relevant policies
contained in other sections of the OCP.”

- Westside OCP 2005 Section 6

Future Land Use and
Zoning Amendments
• LGA Section 914, compensation is not payable for
any reduction in the value in land, or for losses
resulting from the adoption of an OCP, or zoning
amendment bylaw, except when restricting land to
public use.

• “…the court would not likely order a local

government to approve a rezoning.”
- Bill Buholzer, British Columbia Planning Law and Practice

• Hence the emergence of the phased development

agreement…
 Community Growth and
Building Community
It is expected that the DWK will
experience significant growth over the
next 20 years due to the existing and
proposed development, redevelopment
opportunities, and the attractiveness of
the areas on numerous fronts.
 Community Growth and
Building Community
Benefits of growth include:
• Increased tax base
• Greater vitality in
commercial areas
• Job creation
Costs of growth include:
• Increased operating costs
• Increase capital costs for
infrastructure and facilities
needed to meet the needs
of new residents and
business
Community Building

What needs the most attention/improvement?

The most common concern was roads and

sidewalks, with 344 responses. Community
facilities, the amount and type of
development, and the town centre were also
important.
-Issue Scoping Survey, May 2009
-P.58
Community Building

What top 3 parks issues need addressed by

the DWK?

1. Generally More Parks/ Green Space

2. Enhanced maintenance
3. Conservation/Preservation/Enhancement
-Issue Scoping Survey, May 2009
-P.63
Community Building

Other amenities that could be considered:

• Waterfront land acquisition, walkway and beach park development
• Cultural amenities - outdoor stage, theatre, art galley, public art
• Daycare, playgrounds and recreation facilities
• Town Centre beautification, pedestrian spine, gathering spaces
• Cycling lanes and trails
• Landscaped boulevards and street trees
• Parks and conservation land acquisition
• Heritage preservation and interpretation
• Municipal facilities – district offices, fire hall, community centres
• Affordable housing
Community Building

How do we pay for all

of these
amenities?
Community Amenity
Contributions
Many municipalities have found that
operating reserves, debt, grants or special
sources (i.e. casinos, hotel tax) are not
enough to finance growth-related
infrastructure without raising taxes.

As a result, they seek direct

contributions from new
development projects.
Planning Approvals Toolkit
Contributions from
Development Projects
Tools to obtain amenity or infrastructure
contributions from development projects:
•Direct provision of works or lands
•Provision of 5% parkland dedication
•Development Cost Charges (DCCs)
•Zoning-based contributions
Community Amenity
Contributions
Tools to obtain zoning-based
community amenity contributions:
• Density bonusing
• Voluntary contributions at time of rezoning
Phased development agreements

Staff would like to return with a detailed report and analysis

regarding community amenity contributions this fall…this
presentation is merely introducing the concept to get some initial
feedback from Council.
Community Amenity
Contributions
Density Bonus
Enabled by Section 904 of Local Government
Act, density bonusing allows additional density,
beyond a base density, if the project provides
an appropriate amenity contribution.
•The City of Kelowna and numerous other
communities use this technique to achieve
affordable housing and other amenities.
•There are several ways this approach
could be structured including cash-in-lieu.
Contributions
Voluntary Contributions at
Rezoning
Negotiated amenity contributions at time of rezoning offers the
most flexibility and opportunity to gain amenities but it can
involve a significant amount of work on the part of the
municipality.
Are based on the following three points:
• Discretionary authority to rezone
• Rezoning usually results in an increase in land value
• The land value lift usually ends up in three possible
places:
The original land owner
The developer
The municipality or community
Community Amenity
Contributions
Planning Law and Practice
If a Community Amenity Contribution
scheme was challenged, “the local
governments position would likely be that
the rezoning is not in the public interest
unless the amenities in the area in question
are improved, and that the court should not
order the rezoning to be approved without
the contributions being provided.”
-Bill Buholzer, Young Anderson
Community Amenity
Contributions
Communication, clarity and consistency are
necessary to ensure that amenity contributions
are fair and equitable.
While Community Amenity Contributions
receive mixed reviews from the development
community, it is important to note that the
provision of amenities usually make a
developers project more attractive because
public benefits add private value to the
development.
Community Amenity
Contributions
Staff suggest that Community Amenity Policy
be drafted for Council’s consideration to deal
with current and future rezoning and
potential certain variance applications.

Additional policies and

clarification should be included
in the OCP revisions
OCP Policy Revisions and
Expectations
We are faced with a chicken and egg situation in
terms of supporting plans.
This OCP will:
•Provide the DWK with its own policy and direction
which reflects our community vision and interests
•Revise and simplify existing policy
•Provide clarity and be easier to use and interpret
•Reflect best practices and new legislation

It is important the District plan to revisit and review the this new plan when
the supporting studies are completed and our community evolves to a point
where 20 to 50 year planning is possible.
 Conclusion
The DWK is faced with a complex situation of
being a new municipality in a previously
developed area.

What are Council’s thoughts on balancing

the community’s desire to change the
way we plan and develop and the pent-up
demand for development approvals
in this municipality?