Planning ‘101’ for Yukon Communities

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AYC and Yukon Government Planning and Development

Workshop

March 30th, 2010

Lindsay Agar, Jerome McIntyre, Mike Gau, Pat

Ross, John MacDougall and Lesley Cabott

Cabott Consultinglesley@cabottconsulting.co

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Introduction/Purpose

Overview of Planning in the Yukon – Municipal Act and OCP

Methods to Prepare OCP

Zoning

Subdivision

Appeal Processes

Agenda

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• One day interactive learning and sharing opportunity for Yukon communities on the topic of planning and development with Yukon planners.

• A development permit application from beginning to end

• In groups with a planner followed by discussion

• Planning issues in your communities: small or big we can address?

Purpose

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It is the law: Municipal Act (2002) Section 278 “…the council of a municipality shall adopt an Official Community Plan...”

Sets the direction for the community.

Manages growth

Protects special places

Reduces conflict

Place making

Why Plan?

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Part 7: Planning, Land Use and Development: Orderly development, compatibility of natural and built environment, maintain and enhance natural and built environment all without infringing on the rights of individuals

What must the OCP include

What must the Zoning Bylaw include

The requirements of subdividing land; (municipal or YG legislation)

The public and YG notifications and input opportunities

Board of Variance and Yukon Municipal Board

Appeal process (Subdivision Only)

Municipal Act

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The ‘bible’ for the municipality

It sets the long and short term goals for the municipality and how those goals are going to be achieved

It should be visionary and strategic

Integrated and inclusive

Must address: future land use and development, provision of municipal infrastructure and facilities

Cannot take away development rights

Official Community Plan

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Future land use and development;

Provision of municipal infrastructure

and facilities;

Environmental matters;

Development of utility and

transportation systems;

Other matters the council considers

necessary/important (e.g. economic,

social, heritage) ; and

Must consider public input (best to

engage up front but must be

considered before becoming a bylaw)

Regular review

Typically done through maps and policies

Official Community Plan

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ICSP’s

Climate Change

Other Plans in your

community (FN, YG)

YG strategies, (Climate,

Energy)

Use Government

Resources: onside from

beginning, teach them

about your community, free

Additional considerations

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+ 3 degrees Celsius: 1948 to 2005

+ 7 degrees Celsius by 2090

+ 5% precipitation: 1948 to 2005

+ 20% precipitation by 2090

Frugal and Prowse 2008, From Impacts to Adaptation: Canada in Changing Climate 2007 & DCCAP 2009.

Climate Change Impacts in the Yukon

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Melting of the cryosphere

Yukon permafrost -2 degrees C or warmer

The cryosphere in the Yukon provides a stable surface for community infrastructure

Permafrost to disappear within the next 50 years

Significant impacts for the built environment: (buildings, homes, roads, liquid and solid waste storage, pipelines for water and sewage collection, communication and electricity transmission)

Climate Change Impacts in the Yukon

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No activity can be carried out that does not comply with the OCP.

The adoption of the OCP does not commit the Council or others to carry out the projects identified in the plan.

Yukon Court of Appeal McLean Lake Residents vs. City of Whitehorse (2009).

The OCP RULES!!!!

Official Community Plan: Affect

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Impacts on and compatibility with existing uses

Impacts on municipal infrastructure

Phasing of new development

Terrain, geotechnical, hydro geological;

Transportation and road network

Environmental/Climate impacts

Heritage and archeological resources

Wildlife and habitat considerations

Trails to areas and linking areas

Public uses and facilities

Considerations for plans and amendments: does it fit the vision?

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Takes time (4 - 5 months), keep a file do more than one at a time if you can.

Bylaw: three readings – twice to YG for review possibly

Advise Minister and Yukon Municipal before you start

Engage with the community up –front

Public notification for two consecutive weeks followed by 21 days before public hearing, 45 days for Minister, between 2nd and third reading

Time for council and administration review. Council needs to consider everything that was brought forward

OCP Development/Amendment Process

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Go to the OCP is the land where the proposed development is to take place the appropriate designation?

What do the policies say in regards to how the development should be carried out?

What other considerations are there?

Does it fit the vision?

What do you need in order to prepare a recommendation for Council – what does Council need to make a decision; ask the proponent.

If it does not comply: an amendment is required! Ask the same questions.

Development Application

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The main tool we use in the Yukon for implementing the OCP and regulating development to achieve the vision/plan/concept (2 years)

Regulates the use to ensure compatibility, safety, protection of natural environment

Regulates density through development regulations, i.e. setbacks, lot coverage, height.

Design guidelines, for aesthetics purpose/theme/style or safety reasons e.g. metal roofs (rural zones)

Zoning must be in compliance with the OCP (policies and maps)

Zones typically follow surveyed lots lines, roads and natural features.

Zoning

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Use

Location

Size of lots

Size of buildings/height/density

Percentage of lot available for development

Parking and loading

Zoning

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Design and character

Removal from the ground of soil, sand, gravels etc.

Cutting of trees (landscaping, fire smarting)

Lighting

Energy codes

Drainage

Other information (non enforceable)

Zoning

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• Development Permits are required for all development unless the zoning bylaw makes the exemption.

• If the development complies with the zoning bylaw, (all maps and regulations) then you must issue a permit.

• Public input and council permission for conditional or direct control zones only

• The permit can be issued with conditions, but only conditions of development that the zoning bylaw/municipal act allow for.

Development Permit

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Bylaw Page

General Information – Rules/Interpretation

Definitions (vague or specific)

General Development Regulations: Applies to all zones: e.g. parking, landscaping, lighting, signs

Specific Development Regulations: Applies to particular uses, e.g. B+B’s , day homes, caretakers residences.

Zones, typically you will have residential, commercial, industrial , institutional, parks,/environmental, future development/open space

Enforcement

Amendment Process and Appeals BOV

Maps and texts

First Nation Lands (subject to and not subject to zoning)

Zoning Bylaw Contents

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Permitted/Principal Uses

Secondary/Accessory Uses (can not have a secondary use without the principal use)

Conditional/Discretionary Use: needs council permission, public process.

Temporary uses

Restricted Zoning/Spot Zoning:

Snap Zoning (manage the risk)

Zoning Bylaw Uses

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Lot Enlargements/Spot Zoning

•Manage the risk

•Planned subdivisions?

•Consistent with surrounding lot sizes and uses

•Snap Zoning: Use carefully

•Seek Council Approval

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Never Fun

Be consistent

Work with the property owner to bring them into compliance

Keep records of enforcement action

Use registered mail/hand delivery

The Bylaw should identify the consequences/fines

Zoning Bylaw Enforcement

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Amendment is only an option if the OCP allows the use

Fees (the applicant should pay)

Public Process

Needs to be advertised for 2 consecutive weeks outlining the change of use and where and when the public hearing is

Be consistent with public notification: put it in the bylaw

Zoning Bylaw Amendment

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Council needs to consider everything that was brought forward at the public hearing

Best to do this in a report to council addressing all the items that were brought up

No development permit nor development can take place unless it complies to the zoning

The applicant needs to provide you all the information you need, make that clear

Zoning Bylaw Amendment

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OCP and Zoning evolves

Some existing developments may become non-conforming

Discontinued for 12 months, then must comply or may allow with conditions

The non-conforming use may not be enlarged/improved except in the case where it increases conformity

Regular maintenance or structural improvements are allowed

75 % rule

Change in ownership not an issue

Non Conforming

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Variance is an exception from an OCP or zoning bylaw only if there practical difficulties or hardships in meeting the requirements of the bylaw.

Specifically: “exceptional narrowness, shortness, shape or any other unusual condition of the property”

Appeals: Variance

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NOT because of the owner’s action (often noticed at the end of construction)

No special privilege

Must be consistent with the intent of the OCP and Zoning Bylaw

Consistent with the area/neighbourhood

Appeals: Variance

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Appeals: Variance

•Establish a Board by Bylaw and the rules and fees (no councillors)

•The Appeal of the Board’s decision is to Council and the decision is final

•Process for public notification and input (follow the act section 308)

•Need to separate the board administrator and (DO) and council administration.

•Council may allow, disallow or allow with conditions. Ruled by intent of OCP and zoning bylaw.

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• Allow for some variance in the Zoning Bylaw:

• Give the Development Officer some discretion. e.g. 5%

• Address small lots/lots that have development constraints specifically in the bylaw e.g. Percentage of development regulations

Appeals: Variance

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• 5 Member Board: Appointed by YG: to include 1 person each nominated by AYC, CYFN, YG (no council members)

• Makes decisions on:

• Municipal boundaries

• Negotiate under the Expropriation Act

• Recommendations on the OCP

• Subdivision Appeals

Yukon Municipal Board

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Thank you ! Lesley Cabott 604 754 5867 Photos: Cathie Archbouldlcabott@gmail.com www.archbould.com