Planning & Development Report: COMMUNITY AMENITY CONTRIBUTIONS POLICY AMENDMENT
A report proposing refinements to Policy #6400-041 regarding the securement and disposition of community amenity contributions.
TOWN OF VIEW ROYAL
Planning & Development Report
TO: Committee of the Whole DATE: February 3, 2021 FROM: J. Chow, Senior Planner MEETING: February 9, 2021 FILE NO: 0340-20-40 Policies – Dev. Serv.- Community Amenity Contribution Policy
COMMUNITY AMENITY CONTRIBUTIONS POLICY AMENDMENT
RECOMMENDATION:
THAT the Committee recommend that an amendment to Policy #6400-041 – Community Amenity Contributions be approved.
CHIEF ADMINISTRATIVE OFFICER’S COMMENTS:
I concur with the recommendation.
DIRECTOR OF DEVELOPMENT SERVICES’ COMMENTS:
I concur with the recommendation.
DIRECTOR OF FINANCE’S COMMENTS:
I concur with the recommendation.
PURPOSE:
To consider refinements to the Community Amenity Contribution Policy to clarify the disposition of Community Amenity Contributions.
BACKGROUND:
Council Policy #6400-041 - Community Amenity Contributions (Attachment 1) was approved July 16, 2019. An amendment to the policy is recommended to address some practical considerations.
DISCUSSION:
The current policy can be found in Attachment 1. A redlined version of the proposed policy amendments can be found in Attachment 2. The proposed changes are as follows:
1. Determination of Community Amenities
Changes to the wording in Section 1.2 of the policy are proposed to acknowledge that ideas for tangible community amenities may arise in the application process, not necessarily through negotiation between Council and an applicant. Council would ultimately determine if a tangible amenity is desirable for the Town.
| Existing | Proposed |
|---|---|
| 1.2 Community Amenities Community Amenities may include those identified in the Official Community Plan, Parks Master Plan, and other Town documents, or those determined in consultation between the development proponent and the Town. |
1.2 Community Amenities Community Amenities may include those identified in the Official Community Plan, Parks Master Plan, and other Town documents, or those accepted by Council through the development application process. |
2. Cash Amenities
The wording of Section 2.1 and its subsections is proposed to be streamlined as shown in the table below. The timing for provision of a community amenity (i.e. prior to building permit issuance for multifamily residential development and prior to subdivision approval for detached residential lots) do not need to be specified in the policy because they are standard details in these types of covenants.
Section 2.2 of the current policy requires a written agreement with each contributor of a cash amenity. The unintended consequence that cash amenities could be tied up for years and there would be a backlog of individual agreements to track and administer. A report from the Director of Finance will be presented at an upcoming meeting to address the appropriate mechanisms for holding community amenity contributions.
Section 2.3 of the policy is redundant because the Town’s practices comply with generally accepted accounting standards.
| Existing | Proposed |
|---|---|
| 2.0 Cash Amenities 2.1 Cash amenities will be: 2.1.1 Calculated based on the maximum increased development potential of the new zone or another agreed upon amount and received concurrently with fourth reading of a rezoning bylaw; or 2.1.2 Secured in a registered covenant concurrently with fourth reading of a rezoning bylaw for provision prior to building permit issuance based on the number of additional residential units in a building permit; or 2.1.3 Secured in a registered covenant concurrently with four threading of a rezoning bylaw for provision prior to subdivision approval by the Approving Officer based on the number of additional single-family residential lots. |
2.0 Cash Amenities 2.1 Cash Amenities will be calculated based on the maximum increased development potential of the new zone or another agreed upon amount and: 2.1.1 Received concurrently with fourth reading of a rezoning bylaw; or 2.1.2 Secured in a covenant registered concurrently with fourth reading of a rezoning bylaw. The covenant will state that the Cash Amenities are a voluntary contribution and establish timing for the provision of the Cash Amenities. <Section 2.1.3 deleted – see 2.1.2> |
| 2.2 A written agreement for Cash Amenities will be made between the development proponent and the Town at the time of provision to specify the purpose and permitted use(s) of the money, including consideration of alternatives should a Tangible Amenity project not proceed by a certain future date. 2.2.1 The agreement should state that the Cash Amenity is a gift to the Town. |
2.2 Cash Amenities are considered unrestricted contributions and will be used at the discretion of Council in accordance with this policy. <Section 2.2.1 deleted – see 2.1.2> |
| 2.3 Accounting for cash amenities will follow generally accepted accounting practices. | <Section 2.3 deleted - redundant> |
3. Tangible Amenities
The wording of Section 3.1 and its subsections are proposed to be streamlined as described for Section 2.1. Instead of a written agreement as per Section 3.1.2, a covenant would outline terms for the provision of Tangible Amenities and how security deposits will be used.
| Existing | Proposed |
|---|---|
| 3.0 Tangible Amenities 3.1 The provision of tangible amenities will be: 3.1.1 Made prior to scheduling fourth reading of a rezoning bylaw; or 3.1.2 Secured with a security deposit for 120% of the value prior to scheduling fourth reading of a rezoning bylaw. The security deposit would be accompanied by a written agreement outlining how the community amenity contribution funds may be used, including consideration of alternatives should a community amenity project not proceed by a certain date; or 3.1.3 Secured in a covenant registered concurrently with fourth reading of a rezoning bylaw for provision or guaranteed with a security deposit for 120% of the value: 3.1.3.1 prior to building permit issuance and based on the number of additional residential units in a building permit; or 3.1.3.2 in the case of single-family residential lots, concurrently with subdivision approval by the Approving Officer. |
3.0 Tangible Amenities 3.1 Tangible Amenities will be: 3.1.1 Received concurrently with fourth reading of a rezoning bylaw; or 3.1.2 Secured in a covenant registered concurrently with fourth reading of a rezoning bylaw. The covenant will state the Tangible Amenity is a voluntary contribution; set the security deposit value; establish timing for the provision of the tangible amenities; and if the tangible amenity is not completed, the contributor’s claim to the security deposit would be released and Town may complete the tangible amenity. <3.1.3 deleted> <3.1.3.1 deleted> <3.1.3.2 deleted> |
NEXT STEPS:
If the proposal to revise the policy is supported, staff have prepared the following for Council’s consideration (see Attachment 2):
- An amended Policy #6400-041 - Community Amenity Contributions.
RECOMMENDATION:
THAT the Committee recommend that an amendment to Policy #6400-041 – Community Amenity Contributions be approved.
SUBMITTED BY: Jeff Chow, MCIP, RPP Senior Planner
REVIEWED BY: Lindsay Chase, MCIP, RPP Director of Development Services
ATTACHMENTS
- Proposed Policy #6400-041 - Community Amenity Contributions (4 pages)
- Proposed Amended Policy #6400-041 - Community Amenity Contributions (4 pages)
Document Images
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