Planning ‘101’ for Yukon Communities

1. Planning ‘101’ for Yukon Communities 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 Consulting lesley@cabottconsulting.com

2. Agenda • Introduction/Purpose • Overview of Planning in the Yukon – Municipal Act and OCP • Methods to Prepare OCP • Zoning • Subdivision • Appeal Processes

3. Purpose • 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?

4. Why Plan? • 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

5. Municipal Act • 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)

6. Official Community Plan • 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

7. Official Community Plan • 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

8. Additional considerations • 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

9. Climate Change Impacts in the Yukon • + 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.

10. Climate Change Impacts in the Yukon • 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)

11. Official Community Plan: Affect • 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!!!!

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

13. OCP Development/Amendment Process • 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

14. Development Application • 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.

15. Zoning • 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.

16. Zoning • Use • Location • Size of lots • Size of buildings/height/density • Percentage of lot available for development • Parking and loading

17. Zoning • 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)

18. Development Permit • 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.

19. Zoning Bylaw Contents • 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)

20. Zoning Bylaw Uses • 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)

21. Lot Enlargements/Spot Zoning • Manage the risk • Planned subdivisions? • Consistent with surrounding lot sizes and uses • Snap Zoning: Use carefully • Seek Council Approval

22. Zoning Bylaw Enforcement • 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

23. Zoning Bylaw Amendment • 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

24. Zoning Bylaw Amendment • 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

25. Non Conforming • 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

26. Appeals: Variance • 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”

27. Appeals: Variance • 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

28. 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.

29. Appeals: Variance • 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

30. Yukon Municipal Board • 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

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