HomeMy WebLinkAboutCAC Options Report Oct 19 2015
City of Maple Ridge
TO: Her Worship Mayor Nicole Read MEETING DATE: October 19, 2015
and Members of Council FILE NO:
FROM: Chief Administrative Officer MEETING: Workshop
SUBJECT: Maple Ridge Community Amenity Program
EXECUTIVE SUMMARY:
Council has indicated interest in establishing a community amenity program to help fund needed
amenities throughout the municipality. Lessons learned through the establishment of the Albion
Area Plan Density Bonus Framework and from legal advice have provided a number of general
principles that the components of an amenity program should reflect.
The report outlines a recommended framework for a community amenity program as well as
alternatives to the recommendation for each of the component parts, attached as Appendix A in the
Decision Table. Council decisions on the items presented in the table will be used to form the
Community Amenity Program.
Following determination of the program components, the preferred implementation tool identified by
Council will be prepared.
RECOMMENDATIONS:
1. THAT the Maple Ridge Community Amenity Program Decision Table, attached as Appendix A
to the report titled Maple Ridge Community Amenity Program, dated October 19, 2015, be
used as the method to determine, by resolution, the components of a community amenity
program; and
2. THAT following the determination of the components of a community amenity program, staff
be directed to prepare the necessary policies and/or bylaws for approval.
DISCUSSION:
a) Background Context:
At the June 15, 2015 Workshop, Council received a report that provided a general overview of the
legislative authority for density bonuses and community amenity contributions, a brief overview of
the Albion Area Plan density bonus framework, the Amenity Zoning: Analysis and Options report
prepared by CitySpaces and three options for Council’s discussion. At that time, a follow-up report
was requested for a program that would include the necessary policy and regulatory changes and the
process that would be followed to undertake that work.
Provincial Legislation
Part 26, Section 904 of the Local Government Act outlines the conditions and ways in which the
owner of a property may be permitted a higher density on their property:
[2]
Zoning for amenities and affordable housing
904
(1) A zoning bylaw may
(a) establish different density regulations for a zone, one generally applicable for the
zone and the other or others to apply if the applicable conditions under
paragraph (b) are met, and
(b) establish conditions in accordance with subsection (2) that will entitle an owner
to a higher density under paragraph (a).
(2) The following are conditions that may be included under subsection (1) (b):
(a) conditions relating to the conservation or provision of amenities, including the
number, kind and extent of amenities;
(b) conditions relating to the provision of affordable and special needs housing, as
such housing is defined in the bylaw, including the number, kind and extent of
the housing;
(c) a condition that the owner enter into a housing agreement under section 905
before a building permit is issued in relation to property to which the condition
applies.
(3) A zoning bylaw may designate an area within a zone for affordable or special needs
housing, as such housing is defined in the bylaw, if the owners of the property covered
by the designation consent to the designation.
Prior legal advice on collecting community amenity contributions has outlined the following general
‘principles’ regarding amenity contributions:
a) A municipality has the authority to adopt density bonus bylaws and establish conditions
under which the density bonus is applied, including the payment of cash contributions;
b) Density bonuses are the most defensible approach should the required amenity contribution
be challenged on it’s legal basis;
c) A community amenity contribution should be clearly tied to the impacts that is expected to
result from a zoning change;
d) A community amenity program should be based on a ‘robust’ policy basis, rather than on a
simple decision of Council; and
e) Establishing a contribution that is based on the amount of the increase in lot value could
provide a more equitable basis for the amenity program.
f) A site-by-site negotiated approach does not provide the clarity and consistency of application
of the program that the development industry needs as well as potentially adding a
significant amount of time to the development approvals process.
Amenity Zoning: Analysis and Options Report
CitySpaces Consulting was hired to prepare the Amenity Zoning: Analysis and Options report which
was presented to Council in November 2012. That report provides an overview of the two
commonly-used approaches for amenity zoning in British Columbia, density bonuses and community
amenity contributions. This report was also attached to the June 15, 2015 staff report.
The report included a quick summary of the approaches in use across the region in 2012, in the
following table:
[3]
The table shows that many municipalities use more than one approach for obtaining amenities
through the development approval process.
The CitySpaces report also provides an explanation of ‘land lift value’ as it applies to development.
‘Lift’ can be described as being the difference between the assessed land value before development
and the projected (or assessed) value of the land after development, based on an increase in density
on the site beyond what the original zoning would permit. The following diagram helps to further
explain this idea.
[4]
Regional Examples:
i. Vancouver
The City of Vancouver uses a negotiated approach, based on four steps, to help fund community
amenities. The following diagram is taken from the City of Vancouver brochure titled Rezoning &
Community Amenity Contributions: Negotiating for a more Livable City.
[5]
In addition to a negotiated approach, Vancouver also uses set targets for amenity contributions,
based on a specific form of residential development.
ii. Surrey
The City of Surrey also uses a number of methods for collecting community amenity contributions.
As part of the preparation of a neighbourhood concept plan (NCP), which is similar in scope to an
area plan in Maple Ridge, they identify the needed amenities through the process and determine the
contribution requirements to achieve those amenities, expressed as a value per unit cost. Once the
NCP is approved, the amenity contribution requirements are adopted into the City’s Zoning Bylaw.
The City of Surrey Zoning Bylaw also enables the amenity contribution rates to be adjusted annually,
based on Vancouver’s Annual Average Consumer Price Index for the preceding year.
b) Strategic Alignment:
In June 2015, Council initiated the community amenity contribution discussions as part of the
“Finding the Money” Council Workplan theme. This report provides a recommended structure for a
community amenity program as well as a series of alternatives for each program component,
attached as Appendix A.
c) Policy Implications:
Chapter 2 Growth Management of the Official Community Plan includes the following three policies
that establish the community amenity program. They set out the broad framework for Council to
consider how density bonuses and amenity contributions will be applied, including through all OCP
and Zoning Bylaw amending applications.
2-7 Maple Ridge will establish a Community Amenity Program, within areas of the [City]
where Council determines that Density Bonuses and Community Amenity Contributions will
be applied, to provide amenities in a sustainable and economically viable manner.
2-8 The Community Amenity Program will be integrated into the Maple Ridge Zoning
Bylaw to identify the conditions under which Density Bonuses will apply.
2-9 Density Bonuses and Amenity Contributions may be considered at Council’s
discretions for all Official Community Plan and Zoning Bylaw amending applications to help
provide a variety of amenities and facilities throughout the municipality.
The Albion Area Plan includes five policies in Chapter 10.2, that provide detailed direction for density
bonuses and community amenity contributions within the area plan boundaries.
d) Community Amenity Contribution Program Elements
Council has indicated interest in establishing a Community Amenity Contribution program. In doing
so, the legal advice received and the lessons learned during the Albion Area discussions suggest that
the components of a community amenity program needs to be:
Based on a robust policy and regulatory framework;
Applied consistently in each situation; and
Reflective of the impacts of the development on surrounding municipal amenities.
[6]
Based on these lessons, the following is a summary of the recommended components of a
community amenity program, further explained in Appendix A:
1. Contribution approach
2. Geographic Area
3. Albion Density Bonus Framework
4. Application of Program
5. Tools to Establish the Program
6. In-stream Applications
7. Reserve Fund
e) Process
The establishment of a community amenity contribution program is a complex process, given the
number of components required to create a comprehensive and robust program. In recognition of
this aspect, a decision table has been created (Appendix A) to assist Council. The table identifies the
various components, options and comments for each component and highlights the staff
recommendation. Each Council decision, in the form of a Resolution, will determine the framework
of the community amenity contribution program.
Following Council’s decisions on the preferred components of a community amenity program, the
implementation tool identified by Council (policy and/or bylaws) will be prepared along with a report
outlining the potential amenities that could be included in the Reserve Fund bylaw. If Council
supports establishing Reserve Funds for each area plan area, a process for determining what the
desired amenities in the Town Centre and Silver Valley would be included in that report.
f) Citizen/Customer Implications:
When considering a change in Official Community Plan policy or Zoning Bylaw Regulations, the
generally accepted practice for in-stream development applications is that those applications that
have been presented at Public Hearing and received Third Reading would be exempt from complying
with the new policies or regulations.
g) Interdepartmental Implications:
Following Council’s decision on the components of a CAC Program staff from various departments,
including but not limited to Finance, Strategic Economic Initiatives, Engineering and Parks and
Leisure Services Departments will be engaged in the preparation and review of the policy and
regulatory framework and associated bylaws.
h) Business Plan/Financial Implications:
If Council prefers one CAC rate to apply for all included developments, it is recommended that the
amount/rate be reflective of the land lift value. An economic financial analysis is the most robust
and defensible approach to calculate that rate. Such analysis would require a budget allocation not
to exceed $20,000.
Alternatively, the Amenity Zoning report prepared by CitySpaces and GP Rollo & Associates included
an economic analysis for the Albion Area. Their recommended rate per dwelling unit was $5100.
This rate could be used as the basis for the community amenity program.
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i) Alternatives:
The attached Maple Ridge Community Amenity Program Decision Table (Appendix A) outlines
alternatives to the recommended program elements for Council’s discussion.
CONCLUSIONS:
The lessons learned through the establishment of the Albion Area Plan Density Bonus Framework
and from recent legal advice provide a number of general principles that the components of an
amenity program should incorporate. The recommended components of a community amenity
program identified on the attached Maple Ridge Community Amenity Program Decision Table
(Appendix A) are felt to achieve the general principles of a consistent and equitable framework.
Once the preferred component options are selected by Council, staff will begin to draft the final
community amenity program, based on the implementation tool identified. A subsequent report will
also be prepared on the options for the amenity Reserve Fund bylaw(s) that will include the potential
benefiting amenities to be included.
“Original signed by Jim Charlebois”
_______________________________________________
Prepared by: Jim Charlebois, MURP, MCIP, RPP
Manager of Community Planning
“Original signed by Christine Carter”
_______________________________________________
Approved by: Christine Carter, M.PL., MCIP, RPP
Director of Planning
“Original signed by Frank Quinn”
_______________________________________________
Approved by: Frank Quinn, MBA, P.Eng
GM: Public Works & Development Services
“Original signed by Frank Quinn”
_______________________________________________
Concurrence: Frank Quinn,
Acting Chief Administrative Officer
Appendix A: Maple Ridge Community Amenity Program Decision Table