City of Colwood Planning and Development Guide

Transcription

1 City of Colwood Planning and Development Guide 3300 Wishart Road Colwood, BC V9C 1R1 Phone: Fax: web:

2 Table of Contents 1. Introduction Definitions Colwood Official Community Plan Land Use and Rezoning Development Permits Development Variance Permits Subdivision Process Board of Variance Strata Title Conversion Urban Forest and Tree Preservation Suggestions for Applicants Appendices 1. Sign Requirement Application Fees Development Cost Charges Attainable Housing Policy Development Application Consultation Policy Strata Conversion Requirement List of Standing and Select Committees

3 1. Introduction This guide is for the convenience of residents, property owners, consultants, architects, builders, contractors and others interested in planning and development within the City of Colwood. It is intended only as a general introduction and guide, and as such does not address every possible situation. How we plan for Colwood s future is outlined on the following pages. Among many planning functions, seven common procedures are described here, including rezonings, development variance permits, development permits and subdivision approvals. This guide makes reference to various bylaws, including the: Official Community Plan Land Use Bylaw Subdivision and Development of Land Bylaw Land Use Procedures Bylaw If there is a conflict between the statements contained in the Planning and Development Guide and a City bylaw the provisions of the bylaw will apply. In all cases where accuracy is essential, it is recommended that reference be made to the specific bylaw. Application forms are available at City Hall. Forms are also available on the Colwood website. You may have questions regarding the contents of this guide. Staff is here to answer your questions please don t hesitate to ask! City of Colwood Planning and Development Guide Page 1 of 60

4 2. Definitions: A Few Words About Planning The following are some plain English definitions of words used when we talk about planning the different activities which may occur in B.C. municipalities. Approving Officer: This official is appointed by Council to approve land subdivisions and must act in accordance with the Land Title Act and the Local Government Act. (See subdivision below.) Building Permit: A building permit application is made to the City to authorize the construction or alteration of a building or structure. Building Inspectors ensure that buildings comply with the B.C Building Code. Board of Variance: The Board of Variance is a threeperson board appointed by Council that may grant minor variances to bylaw regulations. People who believe that their plans to build have been put in a position of undue hardship by certain zoning requirements may apply to the Board to vary the requirement. (see Part 8) Bylaw: Municipalities have specific powers given to them to pass laws through provincial legislation (primarily the Local Government Act and the Community Charter). The City may pass bylaws which are applicable within its geographic boundaries. Committees: There are two types of City committees, standing and select which recommend to or advise Council. The Mayor appoints the members of the standing committees and Council appoints to the select committees annually. Appointments to external committees and boards are also made. (see the City of Colwood website for Colwood Committee index and contact information). City of Colwood Planning and Development Guide Page 2 of 60

5 Development applications may be considered by more than one committee if relevant (see Council and Appendix 9.) Planning Advisory Commission: This Committee consists of nine citizen representatives. The meetings take place once a month to review planning issues and development applications such as rezoning and they may make recommendations to Council, based on the information they ve received. Comprehensive Development Zone: This type of zone usually permits a mix of different types of uses and customized regulations for individual sites. Its main purpose is to tailor the development to be responsive to unique characteristics of a site through certain building landscape design or other prescribed relationships. Larger complicated and environmentally sensitive developments often lend themselves to this CD zone designation. Condominium: See Strata Title Council: The electors of the City of Colwood (2011 pop ) elect a mayor and six councillors every four years. This Council normally sits twice a month to make decisions which affect the City. Five Standing Committees were established after the 2014 election by the Mayor to make recommendations to Council: (1) Economic Development & Innovation Committee (2) Finance and Administration Committee (3) Parks, Recreation and Culture Committee (4) Planning Advisory Commission (5) Transportation and Public Infrastructure. All meetings of Council and its committees are open to the public, except those specially designated as in camera. Covenant: A legal document, which may be registered against the title of a property, with the approval of the owner and one or more other parties. (e.g. the City or a neighbouring property owner). It may specifically define or limit the activities that may be carried out on certain parts of a property. City of Colwood Planning and Development Guide Page 3 of 60

6 An environmental protection (conservation) covenant may define an area of land on which no human activities are permitted or no structures built. Conservation covenants may include third parties such as a non-profit organization to aid in enforcement of the covenant. Density: In order to describe our built environment, the term density is often used to look at the relationship between a unit of built space and a unit of land area. A clear measure of this relationship is floor space ratio (FSR, or Floor Area Ratio FAR), where building floor area, in square metres, is compared directly with the land area in square metres. For instance, an FSR of 1.0 for a 1,000m 2 could be built. Residential densities are often measured in terms of dwelling units per hectare (or per acres in the USA). See the OCP glossary for more explanation. Development Permit (DP): A permit approved by the Director of Planning to allow development in a development permit area. Maps in the Official Community Plan show the areas where these permits must be obtained. Applicable guidelines are listed in the OCP, and the Director of Planning considers these in his or her decision to approve or reject an application. The Local Government Act defines ten purposes for DPs. In Colwood two categories are used to define the different types of applicable DPs. Form and Character areas are designated for the purposes of site and building design of uses including intensive residential (subdivisions with lots 550m 2 or less), multi-unit residential (including duplexes), commercial or industrial uses and the revitalization of commercial areas. This also includes guidelines pertaining to the conservation of energy and water and the reduction of greenhouse gasses (GHGs); and Environmental Protection areas are designated for the purposes of the protection of the natural environment, its ecosystems and biodiversity, as well as protection of development from hazardous conditions such as erosion from steep slopes. City of Colwood Planning and Development Guide Page 4 of 60

7 Development Variance Permit (DVP): DVPs are issued to vary the requirements of a land development bylaw involving subdivision or land use. For example, a zone requirement, such as how far back a house can be from a property line. Variances cannot change the use or density provisions of a zone. Easement: A document registered on the legal title of property to allow passage over that property refer to areas where water lines, storm or sanitary sewers, or road right-of-way may pass over privately held land. Foreshore: Foreshore is the land between the high and low watermarks of streams, rivers, lakes, and the ocean. Aquatic Crown land is all the land, including the foreshore, from the high water mark out to the limits of provincial jurisdiction. Land Use Application Procedure Bylaw 1998 (No. 427): Colwood uses this bylaw to set out what information is needed for applications, what fees are applicable, and the distance within which people will be notified when development applications are reviewed. Area Plans: Plans prepared for one or more neighbourhoods as set out in the Official Community Plan, also known as Neighbourhood Area Plans or Neighbourhood Centre Plans. OCP policy indicated that such plans need to include at a minimum: a rationale, land uses building siting, architectural and public realm guidelines, amenities information and an infrastructure strategy. Local Government Act: This provincial legislation defines powers and abilities of local governments (municipalities and regional districts) in British Columbia. Part 26 of the Act (Revised Statute 1996) Management of Development, defines much of the landrelated planning functions of municipalities. City of Colwood Planning and Development Guide Page 5 of 60

8 Official Community Plan (OCP): A comprehensive document which outlines the type of community residents wish to achieve in both the short-term and long-term. Community goals, objectives, policies and guidelines together with maps and illustrations create this long range plan for the City. The current Colwood OCP was adopted in The content and process for adopting an OCP are described in the Local Government Act. The OCP includes a glossary of over 100 planning terms for additional reference. Official Community Plan Amendment: When an owner of a property wishes to change the OCP designation of that property, an application is made to Council for the amendment. The Planning Department accepts the application and takes the file through a review process. A Public Hearing must be held before Council makes a final decision and adopts the bylaw. Procedures Bylaw: The Council of every municipality in B.C. must have such a bylaw, which sets out how they must act in certain circumstances. This bylaw (No. 351 in Colwood) sets out such things as how presentations are received and how Council adopts bylaws. Public Hearing: A Public Hearing is a Council meeting required when OCP and Zoning amendment bylaws (land use and density changes) are considered. This is to allow the public an opportunity to be heard or to present written submissions. Most discussion of options for applications occurs in committee meetings. (see Part 4). Regulation: The Canadian Parliament or the Provincial Legislature may enact a regulation. An Act is a law that has been introduced in the Legislative Assembly as a Bill, has passed three readings and received Royal Assent. A Regulation is subordinate legislation: authorized by an Act and made by Cabinet, a Minister, or a board or other body. City of Colwood Planning and Development Guide Page 6 of 60

9 A Regulation of a specific Act may specify the detail of certain laws and the penalties of breaking such laws, e.g. the Federal Migratory Bird sanctuary Regulations apply at the Esquimalt Lagoon Bird Sanctuary. Municipalities enact bylaws which have specific requirements. Bylaws may generically be referred to as regulations. Rezoning (Land Use Bylaw Amendment): When an owner of a property wishes to change the zoning designation of that property, an application is made to Council to amend the Land Use Bylaw or rezone. The Planning Department accepts the application and takes the file through a review process. Property owners and neighbours within 75m are notified. A Public Hearing must be held before Council makes a final decision. (see Part 4). Riparian Areas: Riparian is derived from the Latin word ripa, which means bank or shore. Riparian areas are therefore considered as the strips next to streams and lakes that develop and support typically rich and diverse flood-tolerant vegetation. Riparian vegetation provides excellent food resources, shelter and habitat for a wide range of species, e.g., invertebrates, fish, large and small mammals, and birds. See the OCP regarding riparian DP areas and the provincial Riparian Areas Regulation of the Fish Protection Act. Site Profile: Potential site contamination must be investigated before any zoning, DP, DVP, soil removal or building demolition application is completed as per the Waste Management Amendment Act. The site profile form is in the application package, usually on blue pages, and consists of information and a questionnaire. If no contamination issues such as buried oil tanks, or commercial/industrial uses have occurred on the property no further investigation will likely be needed. City of Colwood Planning and Development Guide Page 7 of 60

10 Strata Title (Condominium): A form of ownership (tenure) regulated by the Strata Property Act where people may own a part of one legal lot of land or part of a building. The Strata Property Act (which replaced the Condominium Act in 2000) is a provincial law defining how strata lots and strata corporations are created and managed. Strata Title Conversion: Council has the authority under the Strata Property Act to approve conversions of a previously occupied building into strata lots. A review of the application to Council is made by the Planning Department. (see Part 9) Subdivision: Land is subdivided into parcels by a process set out in the Land Title Act according to standards in the City s Land Use (zoning) and Subdivision and Development of Land Bylaws. If an application to subdivide satisfies all requirements, the Approving Officer may grant approval and new land titles for parcels are determined by the provincial Land Title Office. Zone: An area of the City that is designated in the Land Use Bylaw for one or more uses set out in the bylaw. The main purpose of zones is to define use and density (in terms of built space or number of dwelling units). Other requirements in a zone often include building distances from property lines, building height, and size of lots that may be created by subdivision. City of Colwood Planning and Development Guide Page 8 of 60

11 3. Official Community Plan What will that new development down the street look like? Would you like to subdivide your property in the future? Are you concerned about how far you have to go to shop? Are you interested in transportation or open space planning? Perhaps you would like to know how to participate in decision-making for the future. An Official Community Plans (OCP) is intended to be a 5-10 year comprehensive document with some longerterm vision. It should reflect a broad consensus of opinion, provide a degree of certainty to citizens concerning the nature of community change, and serve as a guide for City Council. OCPs may include goals, objectives, policies and guidelines. They also indicate a range of uses considered acceptable for the ultimate development of properties. 3.1 Colwood s Official Community Plan The City of Colwood was incorporated on June 24, Prior to incorporation, the Capital Regional District was responsible for community planning and the Ministry of Transportation was responsible for subdivision approvals. In April, 1987 Council adopted Bylaw No. 54, which put in place Colwood s first Official Community Plan. The current OCP was adopted in 2008 and replaces the previous 1997 OCP. The Plan begins with general goals: Community Sustainability Goals To make progress on community sustainability, it is imperative to address the fundamental aspects of life and living that will enable the community and its residents to function healthily and sustainability over the long term. The following fundamental sustainability goals will be applied to all aspects of community planning and development. City of Colwood Planning and Development Guide Page 9 of 60

12 Land Use Designations & Growth Management Strategy Brief Overview: Ecosystems & Biodiversity Community Health Basic Needs Personal Health Sense of Place Vibrant Local Economy 1. Maximize the ecological value of natural areas. Where development occurs, maintain ecosystem values. 2. Develop or enhance environments that enable healthy choices in all areas of living that are safe, secure and welcoming for all. 3. Ensure healthy housing and food is available for all. 4. Ensure healthy recreational, educational, emotional, spiritual, artistic and cultural opportunities for all. 5. Ensure community planning and design celebrates the community s unique history and natural setting and embraces diversity. 6. Enhance economic vitality and opportunity. Ensure local employment and business opportunities. The Growth Management & Land Use Strategy is a key tool to ensure our vision is implemented. Energy, Climate Protection & Adaptation Water, Resources & Wastes 7. Promote energy-use choices that reduce greenhouse gas emissions and contribute to clean air. Plan for climate change adaptation. 8. Promote efficient use and re-use of water and other resources. Reduce the consumption of non-renewable resources in favour of renewable resources. 3.2 Growth Management & Land Use Strategy The OCP growth management strategy defines centres where growth will be focused as well as areas where development will be controlled. Unique conditions must be addressed, and corresponding development intensities and patterns will emerge. The following key growth management and land use designations will guide planning and decisions about development intensity. Within this context, site-specific land use and density will be determined at the time of re-zoning. OCP Map 3.1 details the general configuration of land use designations. City of Colwood Planning and Development Guide Page 10 of 60

13 Land Use Designations & Growth Management Strategy Brief Overview: Land Use Designation Intended Growth Area City Centre Area Colwood Corners G r o w t h M a n a g e m e n t Village Centre Mixed-Use Employment Centre Business or Light Industrial Centre Neighbourhood Centre Controlled Growth Area Neighbourhood Hillside Shoreline Preserved Open Space Open Space Royal Bay Village Centre Allandale Pit, Portions of Island Highway & Royal Roads University Lease Lands CFB Esquimalt Lands 4 Neighbourhood Growth Areas Existing Settled Areas Undeveloped or Existing Low Intensity Hillside or Shoreline Areas Public and Private Open Spaces 3.3 OCP Amendments New Area Plans proposed by the City or a land owner may amend the OCP. Individual property owners may also make application to amend the text of the OCP or the Land Use Designation of their property. This may be done apart from, or in conjunction with, a rezoning application. Public involvement is encouraged and emphasized when the OCP is being prepared or amended. Public involvement may include meetings which involve the public, questionnaires and, meetings of Standing and Select (advisory) Committees and Council. City of Colwood Planning and Development Guide Page 11 of 60

14 4. Land Use and Rezoning Colwood has a series of planning and building controls to assist in the implementation of the Official Community Plan and to ensure that new development conforms to appropriate standards. While the OCP indicates the generally acceptable long term uses of properties, it is the Land Use Bylaw which establishes the uses that are currently permitted on these properties. The Land Use Bylaw contains requirements for zoning, off-street parking, landscaping and screening. Any use or density zone change must be consistent with the OCP. OCP and zone changes may be considered together so long as the OCP is amended first. The main role of zoning is to regulate current land use and density of development. Common requirements to assist in this include: size and height of buildings, and yard requirements-building setbacks from property lines. It also regulates the minimum parcel size and dimensions for proposed subdivisions. 4.1 Rezoning Where a proposed land use does not meet the requirements of the zone in which it is located, an owner or an agent for a property may apply to Council for a zoning amendment, or rezoning. 4.2 Fair and Reasonable The zoning process is designed to be fair to the applicant and to the community at large, particularly to neighbours who may be affected. The success of a rezoning application depends on several factors. It should as far as possible be in accordance with the objectives and policies of the Official Community Plan. In addition, the proposal should be compatible with the use of surrounding properties, be well sited and be in scale with neighbouring uses. City of Colwood Planning and Development Guide Page 12 of 60

15 The more acceptable the proposal is to nearby residents and businesses, the greater the chance of its approval. It is the applicant who must demonstrate that the project is in the public interest. The rezoning process usually takes a minimum of four to six months, but it will take longer if the application is more complicated or insufficient information is provided. 4.3 Steps to take Prior to Submitting an Application 1. Discuss the proposal with Planning Department staff. 2. Consult the Land Use Bylaw and the Official Community Plan to determine consistency with these documents. 3. Check with the Engineering Department to determine what municipal services are currently available and what may be required to support the proposal. 4. Contact adjacent and nearby property owners to advise them of the proposal (see Appendix 6). This will assist in identifying and resolving issues and concerns. 4.4 Application The submission of an application needs to include at least the following: A completed application form signed and legibly indicating the owner and the applicant; One full size and one legible 28cmx43cm (11x17) digital set, two full size printed sets and one legible 28cmx43cm (11x17 ) printed set of dimensioned site development plans showing the proposed buildings, structures and uses, and proposed highway access; an up-to-date State of Title Certificate, and the required application fee as set out in the Land Use Procedures Bylaw (see Appendix 2). City of Colwood Planning and Development Guide Page 13 of 60

16 The Director of Planning may require additional information to be submitted, such as: a letter or other document describing the proposal; accurate property dimensions, including gross site area; the size, shape and siting of the proposed building and any existing building to be retained, including elevations indicating height from natural grade and number of stories; density calculations; location, number and dimensions of off-street parking spaces; location of sewage disposal field; and a tree preservation and replacement concept. On receipt of the application, the applicant will receive a notification sign from the Planning Department (see Appendix 1). 4.5 Steps in Processing the Application 1. A file is established, location maps prepared and the application is reviewed by the Planning Department. 2. Comments are requested from staff and nonmunicipal agencies such as the Ministry of Transportation and the Ministry of Environment. 3. The applicant must erect a public notice sign on the site that is readily visible to the general public passing by. The sign must remain in place until after the Public Hearing is held. 4. Adjacent residents and property owners within 75m are notified by the Planning Department of the Planning Advisory Commission meeting held to consider the application. City of Colwood Planning and Development Guide Page 14 of 60

17 5. Planning staff prepares a report for the Planning Advisory Commission. This report will normally examine the nature and background of the application, its relationship to the Official Community Plan, the impact of the proposal on the neighbourhood, and the suitability of the site for the intended use. The report contains all the information that has been obtained relevant to the application, and includes a staff recommendation. 6. The applicant presents the application to the Committee and answers questions. After consideration, the Committee may recommend to Council that: a bylaw be prepared a bylaw be prepared and that if and when certain considerations are adequately dealt with, Council give further consideration to the proposed bylaw the application be denied or the application be postponed. 7. Council considers the Committee recommendation. If Council wishes the application to proceed to Public Hearing a bylaw is prepared and given first reading by Council. If Council does not wish the application to proceed any further, the application may be denied. 8. Public Hearing notification is done prior to the hearing by: sending notice to property owners and occupants within 75m of the application site; and publishing a notice in two consecutive issues of a local newspaper. 9. A Public Hearing is held. The applicant is expected to present the proposal for the benefit of the public. After the Public Hearing is adjourned Council cannot entertain further representations concerning the bylaw. City of Colwood Planning and Development Guide Page 15 of 60

18 10. Council considers further readings of the amendment bylaw. Upon giving consideration to the comments received at the Public Hearing, Council may: proceed with second and third readings of the bylaw; give effect of any representations made at the hearing by requiring that the development plans or amending bylaw be revised; or refuse to proceed with the amendment bylaw, thus denying the application. 11. After Council has give third reading to the bylaw, any outstanding matters must be resolved prior to the bylaw being considered for final adoption. Such matters may include the following: approval from non-municipal agencies such as the Ministry of Transportation; and satisfactory resolution of any earlier identified issues and concerns, such as the need for restrictive covenants (also called development agreements). 12. Council consideration of fourth reading (final adoption). The bylaw may be given final approval or denied. City of Colwood Planning and Development Guide Page 16 of 60

19 Rezoning Application Process Preliminary discussions with City Staff Time Line Submission of complete application and fee to Planning Department Application referred to other Departments and/or outside agencies Notification sign posted; letters to adjacent owners/occupiers Planning Advisory Commission reviews the staff report 6 to 8 Weeks to Planning Advisory Commission Commission requests further information Council reviews application and Committee recommendations and may include conditions Council authorizes staff to prepare Bylaw Bylaw given 1 st and 2 nd Readings Application denied by Council Council holds Public Hearing Bylaw given 3 rd Reading Conditions satisfied Council adopts Zoning Bylaw (Final Reading) 16 to 24 Weeks Total *Based on complete application with no requirements for further studies or other approvals such as for development agreements or for a Development Permit or a Development Variance Permit. City of Colwood Planning and Development Guide Page 17 of 60

20 5. Development Permits There are two main categories of development permits, namely Form and Character and Environmental Protection. These areas have been identified as being special and deserving of extra attention in the development approval process. In areas designated as development permit areas, land shall not be subdivided and the construction of or the addition to a building or structure shall not be commenced unless the owner first obtains a development permit. Also, in Environmental Protection development permit areas the land shall not be altered before a development permit is issued. There are also a number of exemptions from the guidelines. Development permits are approved or denied by the Director of Planning. The applicant however may request reconsideration by Council of the decision made by the Director of Planning. This delegation of Council s authority is done through the City of Colwood Delegation Bylaw No City of Colwood Planning and Development Guide Page 18 of 60

21 5.1 Steps to Take Prior to Submitting an Application 1. Discuss the nature of the proposal with Planning Department staff. 2. Consult the Land Use Bylaw and Official Community Plan to determine consistency with these documents. 3. Check with the Engineering Department to determine what municipal services are currently available and when may be required to support the proposal. 4. Contact nearby property owners to inform them of the proposal. This will assist in identifying and resolving any issues and concerns. 5.2 Application The submission of a complete application needs to include at least the following: A completed application form signed and legibly indicating the owner and the applicant; One full size and one legible 28cmx43cm (11x17) digital set, two full size printed sets and one legible 28cmx43cm (11x17 ) printed set of dimensioned site development plans showing the proposed buildings, structures and uses, and proposed highway access; An up-to-date- State of Title Certificate; and The required application fee as set out in the Land Use Procedures Bylaw (see Appendix 2). In the case of an environmental protection development permit application, plans should show: proposed buildings; structures and uses proposed highway access and parking City of Colwood Planning and Development Guide Page 19 of 60

22 In the case of a form and character application, plans should show the above information plus: all elevations; exterior treatment; landscape plans; building sections; roof plans; number of parking spaces; building spaces; and other pertinent off-site information. Also to be included with an application are any applicable studies as stipulated by the Director of Planning, e.g. re: environmental protection, landscape restoration, transportation demand, sun access/shadowing, and GHG reduction. On receipt of the application, the applicant will receive a notification sign from the Planning Department to be placed on the site (see Appendix 1). The development permit review process will normally take 6 to 10 weeks, longer if the application is incomplete or more complicated issues need to be addressed. City of Colwood Planning and Development Guide Page 20 of 60

23 5.3 Steps in Processing the Application 1. The Planning Department reviews the proposal and may forward it other City departments for comments. It may also be forwarded for comment to non-municipal agencies such as the Ministry of Environment and the Vancouver Island Health Authority. 2. The applicant must erect a public notice sign, available from the Planning Department, on the site. The sign must remain in place until a final decision is made by the Director of Planning or in the case of an application for which a Council reconsideration has been requested, until after that reconsideration has taken place. 3. Planning staff review the information that has been obtained relevant to the application and the compliance of the application with the applicable development permit guidelines. 4. The Director of Planning approves the development permit for issuance or denies the application. 5. The applicant may request reconsideration of the Director of Planning decision by Council. 6. The proposal is submitted to a meeting of the Planning Advisory Commission. The applicant and the public may comment on the application. After consideration, the Commission may make recommendation to Council. 7. Council considers the Planning Advisory Commission recommendation and may either confirm the decision in whole or in part or may set aside the decision and substitute the decision of Council. City of Colwood Planning and Development Guide Page 21 of 60

24 8. The development permit is issued and the applicant will receive a copy. A notice will be filed with the Land Title Office that a development permit has been issued. The LTO will then make a notation on the title of the property that the site is subject to a development permit. 9. If security has been given to the City in order to ensure completion of landscaping, the security will be returned upon inspection and receipt of notice from the Landscape Architect that the landscaping is completed in accordance with the development permit. City of Colwood Planning and Development Guide Page 22 of 60

25 Development Permit Application Process Preliminary discussions with City Staff Time Line Submission of complete application and fees to Planning Department Notification sign posted 1-6 weeks to Director of Planning Decision Application referred to other departments and/or outside agencies Application reviewed by staff Director of Planning approves application Director of Planning denies application Reconsideration not requested by applicant Reconsideration requested by applicant File closed Planning Advisory Commission reviews and recommends to Council 6 to 10 weeks Total Council approves application or amends DOP decision Council denies application Director of Planning executes development permit document Notice of Permit filed at Land Title Office *Based on complete application with no requirements for further studies or other approvals City of Colwood Planning and Development Guide Page 23 of 60

26 6. Development Variance Permit Application for a development variance permit may be considered if your development proposal does not meet certain of the provisions contained in the Land Use Bylaw, Sign Bylaw or Subdivision of Land Bylaw. Development Variance Permits (DVPs) cannot be used to vary permitted land uses or densities. 6.1 Steps to Take Prior to Making an Application 1. Discuss the proposal with Planning, Building or Engineering staff. 2. Consult the Land Use or other Bylaws to determine consistency with these documents, and to determine what needs to be varied in order for the development to proceed. 3. Contact adjacent and nearby property owners to advise them of the proposal (see Appendix 6). This will assist in indentifying and resolving issues and concerns. 6.2 Application Documents The submission of a complete application needs to include the following as appropriate: a completed application form signed and legibly indicating the owner and the applicant; One full size and one legible 28cmx43cm (11x17) digital set, two full size printed sets and one legible 28cmx43cm (11x17 ) printed set of dimensioned site development plans showing the proposed buildings, structures and uses, and proposed highway access; an up-to-date State of Title Certificate, and the required application fee as set out in the Land Use Procedures Bylaw (see Appendix 2) City of Colwood Planning and Development Guide Page 24 of 60

27 accurate property dimensions, including gross site area; the size, shape and siting of the proposed building and any existing building to be retained including elevations indicating height from natural grade and number of storeys; density calculations; location, number and dimensions of off-street parking spaces; location of sewage disposal field; and a tree preservation and replacement concept. On receipt of the application, the applicant will receive a notification sign from the Planning Department (see Appendix 1). The development variance permit review process will normally take 4 to 8 weeks, longer if the application is incomplete or more complicated issues need to be addressed. 6.3 Steps in Processing the Application 1. The Planning Department reviews the proposal and may forward it to other City departments for comments. It may also be forwarded to nonmunicipal agencies that are affected, such as the Ministry of Environment. 2. The Planning staff prepares a report to the Planning Advisory Commission. The report will normally examine the nature and background of the application, its relationship to the Official Community Plan, and the impact of the proposed variance on the neighbourhood. 3. Adjacent residents and property owners within 75m of the applicant site are notified by the Planning Department of the Planning Advisory Commission meeting at which the application will be considered. City of Colwood Planning and Development Guide Page 25 of 60

28 4. The applicant must erect a public notice on the site that is readily visible to the general public passing by. The sign must remain in place until after the Council decision is made. 5. The Planning Advisory Commission meeting is held. He applicant is expected to make a presentation to the members and the public. The public may ask questions or make comments regarding the proposal. After consideration, the Committee may recommend to Council that; a) the permit be authorized for issuance as proposed in the application; b) the permit be issued on such terms as may be specified by the Council; c) it refuse to authorize the issuance of the permit; or d) postpone the application. 6. Council considers the Planning Advisory Commission recommendation. Neighbouring property owners are notified of Council s consideration of the application. 7. If Council authorizes the issuance of the permit, once all conditions have been met, the development variance permit may be issued. The applicant will receive a copy of the approved permit. A notice will be filed with the Land Title Office that a development variance permit has been issued. The LTO will place a notation on the title of the property. If the application is postponed or denied, the applicant will be notified. City of Colwood Planning and Development Guide Page 26 of 60

29 Development Variance Permit Application Process Preliminary discussions with City Staff Submission of complete application and fees to the Planning Department Time Line Application referred to other Departments and/or outside agencies Notification sign posted; letters to adjacent property owner/occupiers Planning Advisory Commission reviews staff report 3 to 6 weeks to Planning Advisory Commission Committee requests further information Council reviews application and Committee recommendations and may include conditions Application denied by Council Council authorizes issuance of Development Variance Permit 4 to 8 weeks Chief Administrative Officer executes Development Variance Permit Notice of Development Variance Permit filed at Land Title Office *Based on complete application with no requirements for further studies or other approvals. City of Colwood Planning and Development Guide Page 27 of 60

30 7. Subdivision Subdivision is the process of creating new parcels of land or altering existing property boundaries. 7.1 How long will an application take? The subdivision review and approval process consists of a number of steps that must be completed before final subdivision approval can be considered. Factors that can influence application processing include: the size and/or the complexity of the project the time needed to prepare engineering drawings and to construct the required works the applicant s ability to provide complete information receiving approvals or information from outside agencies. 7.2 What will it cost? The application fee for the first stage of the process (preliminary layout assessment) is a $3,000 base fee plus $170 for each additional lot. The stage 2 (works and services) and stage 3 (final approval) fees are $170 for each additional lot. See Bylaw No. 411, attached to the subdivision application form, for complete fee information. Other costs vary with project, but usually include: required off-site improvements, including sidewalks and street lights; legal and survey fees; consultant fees; development cost charges and school site acquisition charges; landscaping costs; and development permit application fees. City of Colwood Planning and Development Guide Page 28 of 60

31 7.3 The Subdivision Process There are seven main steps in the subdivision review process: 1. Pre Application Meetings You and /or your consultant should first: a) discuss the proposal with the Approving Officer (phoning to make an appointment is recommended.) b) meet with Planning Department staff with regard to the City s Official Community Plan and zoning, lot size, frontage and layout requirements. c) meet with Engineering Department staff about servicing and frontage upgrades such as sidewalks and streetlights. d) applicants are expected to discuss their proposals with adjacent property owners prior to making an application. 2. Making the Application Either the registered property owner or an authorized agent may make the application. The application form, which is available at City Hall and on the Colwood web site, must be completed in full and be accompanied by the following: Property owner s name and address; Letter of Authorization. (If you are applying on behalf of the property owner, a letter of authorization signed by the owner is required and the applicant must indicate to whom all correspondence shall be sent; Proof of ownership or current contract of purchase and sale; The civic address and legal description of the property; One full size and one legible 28cmx43cm (11x17) digital set of drawings, drawn to an appropriate scale, preferably 1:250 or 1:500, clearly indicating existing and proposed lot boundaries and lot dimensions. City of Colwood Planning and Development Guide Page 29 of 60

32 A survey certificate prepared by a B.C. Land Surveyor that indicates all existing buildings to be retained; A completed Site Profile pertaining to possible soil contamination of the property from industrial or commercial purposes or activities; and Subdivision application fees. 3. APPLICATION CIRCULATION After the application has been submitted and after a preliminary review, the Approving Officer will refer it to appropriate internal City departments and external agencies. This may include the Fire Department, Fisheries and Oceans Canada, Archaeology Branch, B.C. Hydro, Terasen Gas, Telus and Canada Post. Referral will be made to the Ministry of Transportation where the subject land abuts a Provincial Highway. The Vancouver Island Health Authority reviews proposals using in-ground sewage disposal. 4. PRELIMINARY LAYOUT ASSESSMENT (PLA) After examination of the application and consideration of the agency comments that are received, the Approving Officer will either: request layout changes; require further information, plans or studies; refuse the application; or issue a preliminary layout assessment letter. A PLA letter will allow you to apply for final approval once the requirements outlined in the letter are satisfied. The PLA does not bind the Approving Officer to grant Final Approval, however. to satisfy all of the requirements of the PLA, you may need to retain the services of an engineering consultant, surveyor, a landscape architect/designer, a qualified environmental professional, and a lawyer or notary. City of Colwood Planning and Development Guide Page 30 of 60

33 The proposal must comply with zoning and subdivision bylaw requirements or obtain a development variance permit from Council. Note that if a 10% frontage exemption is needed it is subject to the Consultation Policy (see Appendix 6) and Council approval. 5. DESIGN AND CONSTRUCT WORKS AND SERVICES The Engineering Department must approve any required Works and Services design drawings (fee of $170 per additional lot). The applicant may then carry out the construction and submit as-built drawings. Alternatively, the Approving Officer may consider final approval prior to construction of works and services if the applicant provides sufficient security to cover the cost of construction and a servicing agreement is entered into. 6. SUBDIVISION FINAL APPROVAL Once all the conditions outlined in the PLA have been met, Final Approval may be requested. The following will need to be submitted in a satisfactory form: Final survey plans prepared by B.C. Land Surveyor; Final examination fee of $170 per additional lot; Payment of development cost charges, school site acquisition charges and amenity contributions as applicable; Legal documents such as covenants and rights of way; Letter of undertaking from a lawyer to register all the required documents concurrently; and Other documentation satisfying the requirements of the PLA. City of Colwood Planning and Development Guide Page 31 of 60

34 7. PLAN REGISTRATION After the subdivision plan is signed by the Approving Officer, your solicitor or notary will arrange to have the plan and other associated legal documentation registered at the Land Title Office. City of Colwood Planning and Development Guide Page 32 of 60

35 Subdivision Application Process Preliminary discussions with City Staff Submission of complete application and fees to Approving Officer (AO) Time Line Application review by staff and agencies AO may request additional information Approving Officer decision to refuse, request more information or issue PLA If PLA is issued and no Works and Services are required If PLA is issued, conditions such as required Works and Services may be indicated. PLA decision 4 to 6 weeks* Construction drawings prepared by applicant s Engineer Construction drawings approved by Engineering Department 4 weeks for drawing review Construction of services Construction service agreement Servicing agreement accepted Applicant satisfies all conditions and pays required fees Complete application approval considered by the Approving Officer Approving Officer approves Subdivision Subdivision registered at Land Title Office *Based on complete application. City of Colwood Planning and Development Guide Page 33 of 60

36 8. Board of Variance Any Local Government that has a zoning bylaw must have a Board of Variance, as required by the Local Government Act (also see the Part 2 Definition ). Council established a Board of Variance with Bylaw No The primary responsibility of the Board of Variance is to hear appeals for minor variances from persons who allege that certain municipal requirements would cause undue hardship. The four most common types of appeals pertain to: 1. the enforcement of the Land Use Bylaw for the siting, dimensions or size of a building; 2. the prohibition of structural alterations or additions to a building or structure while a nonconforming use is continued in all or part of it; 3. the enforcement of subdivision servicing requirements under the Local Government Act, and; 4. a decision by the City s Chief Building Inspector that a building, the use of which is nonconforming, is damaged or destroyed to the extent of 75 per cent or more of its value above its foundations. Application made Meeting scheduled Report/ package prepare Notifications Board meeting Applicant notified of Board decision 8.1 Steps to Take Prior to Making an Application Discuss the nature of the proposal with City Planning and Building Department staff. 8.2 Application Complete and submit the application form together with the required application fee. The application form sets out what must be submitted with an application. City of Colwood Planning and Development Guide Page 34 of 60

37 8.3 Steps in Processing the Application 1. The Board assistant may prepare a report to the Board of Variance. This may include comments from City Departments or other agencies; 2. The assistant notifies adjacent residents and property owners; 3. The Board of Variance meeting is held. Presentations and questions are followed by deliberation of the Board; 4. The applicant is expected to make a presentation to the members of the Board and the public. 5. The public may ask questions or make comments regarding the proposal. 6. The Board makes a decision. 7. The applicant is notified in writing of the Board s decision City of Colwood Planning and Development Guide Page 35 of 60

38 9. Strata Title Conversion Under the Strata Property Act, Council is the approving authority for applications to convert previously occupied buildings into strata lots (see Part 2 definition). Section 9 of the Act states that the approving authority shall not approve the conversion unless the building substantially complies with the applicable bylaws of the Municipality... The approving authority is also required to consider in making its decision: a) the priority of rental accommodation over privately owned housing in the area; b) the proposals of the owner/developer for the relocation of persons occupying a building; c) life expectancy of the building; d) predicted major increases in maintenance costs due to the condition of the building; and e) any other matters that in its opinion are relevant. Council may approve the strata plan, refuse to approve the strata plan, or refuse to approve the strata plan until terms and conditions are met. 9.1 Steps to Take Prior to Submitting Application Discuss the nature of the proposal with the Planning Department, Building Inspection and Engineering staff to determine whether or not the building substantially complies with the applicable bylaws. 9.2 Application The submission of a complete application needs to include at least the following: 1. A completed application form signed and legibly indicating the owner and the applicant; City of Colwood Planning and Development Guide Page 36 of 60

39 2. Development plans showing: lot lines and dimensions; location and dimensions of principal and accessory buildings; vehicular access, internal circulation, parking provisions; loading facilities; sewage disposal field; stand One digital full size set of plans, two printed full size sets, one legible digital 28cmx43cm (11x17 ) and one printed set of dimensioned site development plans showing the proposed buildings, structures and uses, and proposed highway access; If the application is approved, the Mayor and Clerk will be authorized to execute the Strata Plan. If the application is postponed or denied, the applicant will be so notified. 3. Documentation from a registered professional (e.g. architect) that indicates that the buildings(s) comply with the Requirements of Existing Buildings Which Form Part of a Strata Conversion (see Appendix 7); and 4. An up-to-date State of Title Certificate; and 5. the required application fee as set out in the Land Use Procedures Bylaw.(see Appendix 2) The Strata Conversion review process will normally take between 5 and 8 weeks. 9.3 Steps in Processing the Application The Planning Department reviews the proposal and may forward it to other City Departments for comment. It may also be circulated to non municipal agencies which may be affected, such as B.C. Hydro and the Vancouver Island Health Authority. The Planning staff prepares a report to the Planning Advisory Commission. The Planning Advisory Commission meeting is held. The applicant is expected to make a presentation to the Committee and to answer questions. Council considers the Committee s recommendation. City of Colwood Planning and Development Guide Page 37 of 60

40 Strata Title Conversion Application Process Preliminary discussions with City Staff Submission of complete application and fees to the Planning Department Time Line Application referred to other departments and/or outside agencies Planning Advisory Commission reviews staff report 4 to 6 weeks to Planning Advisory Commission Commission requests further information Council authorizes approval of Strata Plan Application denied by Council Mayor and Chief Administrative Officer executes Strata Plan 5 to 8 weeks Applicant registers Strata Plan at Land Title Office City of Colwood Planning and Development Guide Page 38 of 60

41 10. Our Urban Forest The protection and preservation of trees is an important issue in the City of Colwood. Trees are part of our ecological infrastructure. Their huge water uptake, active evaporation and soil stabilization abilities save us from putting in storm water drains and other expensive water controls. Other environmental benefits include: temperature control (shade, wind control), oxygen production, pollution reduction (carbon dioxide and other greenhouse gas reduction or metals uptake), increased water quality, glare reduction, and habitat for birds and other animals. General proven economic benefits also include energy savings with mediated temperature and increased property values with aesthetic value and visual screening. Colwood also has very rare old growth and Garry Oak ecosystem urban forest areas that mark our heritage, identity, image, liveability and tourism brand. The Colwood Official Community Plan encourages urban forest retention and expansion and discourages tree cutting. It also recommended that every effort be made to preserve native vegetation and to use native plants in new plantings; for every tree cut plant two. If you are considering cutting a tree: Check your location: o Confirm the tree s distance to property lines and talk to your neighbours or the City; o Tree cutting is not allowed in riparian areas and is limited in development permit areas; Contact an arborist or professional biologist who specializes in tree retention who can help you consider branch pruning, root pruning, transplanting, species selection and planting. City of Colwood Planning and Development Guide Page 39 of 60

42 11. Suggestions for Applicants These comments and suggestions are intended to assist you if you are contemplating making an application: 1. As applications which are incomplete or contain inaccurate information may take longer to review and process, it is recommended that a complete and accurate application be submitted. 2. Keep a record of your file number and quote that number whenever you contact City Hall. Also, keep a record of correspondence, approvals and decisions. 3. Be aware that all development applications are reviewed to ensure that they are in keeping with applicable City goals, objectives and policies. This review and decision making will take time. 4. Be aware that the more your proposal differs from established City policies as contained in the Official Community Plan or the more complex and uncertain it is, the more time it may take to be processed or the greater the chance that it will be refused altogether. 5. Council may wish to spend extra time on your development proposal if it is deemed to have a significant impact on the community. Council may wish that special public meetings be held. 6. Be aware that some approvals must be obtained from Provincial and Federal agencies. You may wish to follow-up with these outside agencies on the status of your application. City of Colwood Planning and Development Guide Page 40 of 60

43 Appendix 1 Sign Requirement City of Colwood Planning and Development Guide Page 41 of 60

44 REQUIREMENTS FOR POSTING NOTICES ON PROPERTY SUBJECT TO DEVELOPMENT APPLICATION It is the applicant s responsibility to prepare and post a notice sign facing each street frontage prior to the city sending out notification for the meeting of the Planning Advisory Commission. The planner assigned to your file will confirm your posting date. Sign Production: The City of Colwood Planning Department requires the sign(s) be produced according to the specifications as shown on the template below. Sign Posting: The signs shall be posted prior to the city sending out notification of your development for consideration by the Planning Advisory Commission, Committee of the Whole, or Council, as the case may be. The signs shall remain posted until: a) in the case of a rezoning application, after the Public Hearing; b) in the case of a development permit application, after consideration by Council; and c) in the case of a development variance permit application, after consideration by Council. Signs are to be posted no higher than 2 metres (6.6 ft.) above the grade of the road and no further back from the road right-of-way than 3 metres (10 ft.). Sign Maintenance: The applicant is required to maintain and/or replace the sign(s) as necessary. Confirmation of posting: Following placement of the sign(s) on the property, please provide photographs confirming sign posting (including the date the sign was posted) to the Planning Department at planning@colwood.ca. 48 wide (corrugated plastic sign) 36 high City of Colwood Planning and Development Guide Page 42 of 60