Upper Smith Creek Comprehensive Development Plan (File: CDP 14-01) TERMS OF REFERENCE

Transcription

1 Upper Smith Creek Comprehensive Development Plan (File: CDP 14-01) TERMS OF REFERENCE Development Services Division District of West Kelowna July 2014

2 1.0 INTRODUCTION Smith Creek CDP Terms of Reference (File: CDP-14-01) Page 2 The owners of two large, rural properties in the Smith Creek neighbourhood have requested that the District of West Kelowna prepare Terms of Reference for the development of a Comprehensive Development Plan (see Figure #1 [ The Plan Area ]). A Comprehensive Development Plan (CDP) provides a link between the Official Community Plan (OCP) and specific land development applications. Where an OCP is too broad to determine appropriate land use designations in areas where detailed investigation is required, and where a single development application is too narrow a focus to address broader issues, a CDP provides the necessary framework. The creation of such a plan enables land owners to work with the District to conduct the necessary investigations to examine development potential and determine how that development would best meet District objectives such as environmental protection, community resources, land use, servicing, access and transportation, form and character and parks. The following terms of reference guide the preparation of the CDP, which will outline the development areas, infrastructure, environmentally sensitive lands, land uses, design guidelines, phasing of development, servicing, and magnitude of costs projected within the planning area. Plan Area The Upper Smith Creek area is located north of Westbank Centre on the lower slopes of Carrot Mountain. The plan area is situated upslope from agricultural lands and adjacent to provincial crown forest and forms an extension of the existing Smith Creek neighbourhood. The total Smith Creek Comprehensive Development Area encompasses hectares and is comprised of three large, rurally zoned properties. The configuration of the parcels in relation to existing roads and servicing requires that the properties are planned comprehensively. Northerly expansion of the existing Smith Creek neighbourhood to the CD Area presents challenges given the topography, environmental features (Smith Creek) and significant aesthetic value of the site. 1.1 Authority Figure 1: Plan Area The authority which enables the District to consider a CDP is outlined in the District s OCP Bylaw No (see OCP Sections 3.1, and ). CDP s may be undertaken where a single applicant, group or adjoining land owners work collaboratively to prepare a consolidated plan for a specific area.

3 Page 3 Comprehensive Development Plans are non-statutory documents that must be endorsed by Council to become valid, and only specific OCP-related policy changes and Land Use Designation changes will be brought forward as an OCP amendment. 1.2 Framework The CDP shall establish a coherent framework for implementing OCP policies, guiding future development, and ensuring all documentation and supplemental information is consistent within the plan. Furthermore, a CDP shall adhere to the spirit and purpose of the OCP, the Zoning Bylaw and District master plans and policies related to development as a whole. While the District is currently undertaking a review of the Zoning Bylaw, the CDP will reflect the zones of the day when the CDP is brought forward to Council for consideration. Unlike Area Plans which are prepared by the municipality, CDP s may be undertaken where a single applicant, group or adjoining land owners work collaboratively to prepare a consolidated plan for a specific area. Protech Consultants 2012 has been commissioned by Progressive Construction Ltd., and BC. Ltd., to oversee the preparation of the CDP for the two properties. The costs to undertake the works outlined in this TOR will be borne by the applicant. 1.3 Content Appendix A of this TOR outlines the mandatory content required for the development of the CDP, including: I) Context & Inventory; II) Assessment and III) The Final Concept. In addition to mandatory content, the CDP should include the following: The location of future development nodes, land uses, constraints to development, the conditions under which development may occur. An estimate of the order of magnitude of costs associated with on-site and off-site infrastructure, identification of who pays, and a scheduling of services in association with phases of development. A comprehensive analysis of development nodes based on geotechnical and environmental constraints in the plan area. The general location of arterial, collector and local roads and the points of access to existing roads and adjacent lands. An understanding of the potential impacts of future land uses on adjacent crown lands and the inclusion of appropriate buffers and setbacks. Management of visual quality from key vantages in the community and protection of visually prominent hillsides and ridgelines. Identification and protection of Environmentally Sensitive Areas (ESA) and that the interface between development and the ESA areas are clearly defined. Provide potential development opportunities which are responsive to the District s CD Policies (Section 1.4 of this TOR). Ensure that new development provides benefits to the existing community and minimizes unacceptable impacts to both the community and the environment. Ensure the Plan promotes the establishment of on-site pedestrian and non-motorized forms of transport. Encourage energy efficiency in building and transportation planning and promote sustainable site design treatments and a balance with the natural environment.

4 Page 4 Support the DWK s long term requirements to accommodate the necessary infrastructure and servicing in a manner that minimize future costs to the taxpayer Recommendations for Official Community Plan and Development Permit Area designations and other recommended bylaw or regulatory amendments that will guide the servicing and development of the neighbourhood. 1.4 Policy Overview The District s Official Community Plan specifies that the CDP s shall be developed with community input and that future development of the subject area may be considered at DWK s discretion based on the following policies: 1. Development of the Upper Smith Creek area should be in strict accordance with the hillside development standards to develop the lands in a safe manner while minimizing visual impacts to the surrounding community. 2. Development proposals must include safe emergency access/egress. 3. Potential development must address potential servicing requirements including the location of water storage, connectivity and access considerations. 4. Development proposals should protect and enhance the historic flume trail located within the area. 5. Network road connections to adjacent neighbouring parcels must be secured. 6. Future management of and access to Crown Land should be addressed. 7. Should zoning amendments be contemplated for the CD Area, density transfer and bonusing concepts may be explored where it is in the DWK s interest to achieve community goals through such aspects as the protection of environmentally sensitive areas and the provision of community amenities. 2.0 COMPREHENSIVE DEVELOPMENT PLAN APPLICATION, CIRCULATION, AND PROCESS The development of a complete CDP containing all the requirements outlined in Appendix A will be divided into three phases. Each phase will involve review and coordination with District staff and other stakeholders, public engagement and additional technical review. The intent of this multi-phased approach is to identify and address any issues raised during the initial stages of CDP development so that the issues are resolved prior to the submission of a completed CDP. At a minimum, the applicant must provide (at their cost) at least two opportunities for consultation with the general public, at a location approved by District staff, over and above the statutory Public Hearing requirement for the future OCP amendments. The multi-phase approach will be completed as follows: Phase 1 Context and Inventory This initial phase of CDP development occurs after the terms of reference are approved by Council. The objective of this phase is to gather the baseline information for the land(s) and to identify the opportunities and constraints of potential development. The requirements outlined in Appendix A Context and Inventory must be addressed during this phase. This information will be provided to District staff and other stakeholders as appropriate.

5 Page 5 Once the site context information has been gathered, the applicant is required to meet with staff to review the findings and to obtain direction to proceed to the next phase of CDP preparation. Adequate time must be allocated at this stage to permit staff to review and consider the findings of the work completed. The District will provide the reproduction and circulation of drafts for interest groups and public discussion. The consultant must provide software compatible or photocopy compatible originals or material and drafts throughout the process. Public Information Meeting #1 Once the Plan Context has been developed and direction provided by staff, the Applicant shall hold a Public Information Meeting. The objective of this engagement effort is to gather the input of local residents and land owners regarding the potential impact of any proposed development, as well as any other outstanding opportunities or constraints for development. The applicant is also encouraged to provide conceptual plans at this meeting and work with the public to address their concerns and issues early in the approval process. All materials for public display and public questionnaires must be pre-approved by the District to ensure that all relevant information is presented and topics are well documented and a record of consultation will be provided to the District. Phase 2 - Assessment The second phase of CDP development will use the information gathered from the public and stakeholder engagement from Phase 1 to inform the further development of the CDP. Those requirements outlined in Appendix A Assessment and Final Concept must be provided during this phase, including any and all technical studies outlined in Section 2.2 of this TOR. The result will be a complete first draft of the CDP. This draft will be provided to District staff and other stakeholders as appropriate. Adequate time must be allocated at this stage to permit staff to comprehensively review and consider the findings of the work completed. Public Information Meeting #2 Using the draft CDP, the applicant shall hold, at their expense, a second Public Information Meeting. The objective of this meeting is to gather the input of local area residents and land owners regarding the potential impact of the development, as proposed. The applicant is strongly encouraged to work with the public to address their concerns and issues prior to proceeding to Council. The District will provide the reproduction and circulation of drafts for interest groups and public discussion. The consultant must provide software compatible or photocopy compatible originals or material and drafts throughout the process. Phase 3 Final Concept (Complete Application) Formal submission of the CDP document to the Development Service Division, in accordance with the District s Development Application Procedure Bylaw No.0131 (Schedule 3 PART B) and Appendix C, will provide all content specified for the CDP application prior to the application being deemed complete and ready for circulation.

6 Page 6 This final concept will be referred by District staff and review agencies will be asked to provide comments in response to a formal application within 4 weeks. The Development Services Division will monitor the status of agency responses, advise the applicant accordingly, and call meetings as necessary to deal with any outstanding technical issues of file complexities. During circulation of the draft plan, the CDP document may be further modified, updated or amended. Any changes to the document shall conform to the context requirements identified under these Terms of Reference and be completed prior to finalization of the CDP document and presentation to Council. All necessary technical studies shall be completed and summarized along with consultation(s) held with affected stakeholders and the general public prior to finalization of the CDP document and Development Services formal report to Council. 2.1 Roles and Responsibilities The DWK and the consultant are expected to develop a project management scenario that involves a close working relationship, including being mutually aware of all major decisions or issues, and the mutual coordination of project meetings and timelines. Specific responsibilities are outlined as follows: District of West Kelowna District staff is committed to providing exceptional customer servicing by being responsible, accountable, and professional. Staff is expected to review submissions in a timely and efficient manner, and provide pertinent information and communications in a clear and concise manner. Review of submissions will be in accordance with the District s Development Application Procedures Bylaw No (Schedule 3 Part B). Consultant Team The consultant team is expected to work collectively as a design team, with each member being aware of the constraints, opportunities and options identified through the various disciplines represented on the consulting team. The consultant team is also expected to provide complete, comprehensive submissions in a timely manner. The consultant team will be responsible for advertising and room rental costs associated with the public information distribution and meetings, and will collect all written public feedback that will then be forwarded to the District Planning staff. The team is expected to apply best planning principles consistently to all properties with the plan area. The study team must have a team leader with proven expertise in site design and community planning processes. There must be a demonstrated ability to incorporate local community and government agency participation and objectives. In order to conduct the planning process and to incorporate appropriate information into the Plan, the study team must include: A coordinating professional that is experienced in public planning process within British Columbia, multi-stakeholder interests and professional codes of conduct; A professional architect with experience in the development of design concepts and general guidelines;

7 Page 7 A professional engineer with experience in: o servicing and infrastructure o geotechnical engineering o transportation planning/traffic impact analysis; A professional biologist experienced in environmental site assessments, site planning and creating environmental criteria/recommendations for development; A professional forester with forest fire hazard assessment and abatement expertise; A professional archaeologist with experience in identification and protection of archaeological sites and material in B.C.; and A professional landscape architect with experience in visual quality assessment and analysis and local plant material. The lead consultant is responsible for reporting to the ownership group and providing copies of any technical reports and the CDP document or summary thereof (i.e. executive summary, land use concept map, population and land use statistics) to each registered owner within the Plan Area upon required. 2.2 Technical Reporting It is understood that a number of technical studies were submitted as part of the previous CDP application made in These studies included: Smith Creek Neighbourhood Plan: Preliminary Report of Groundwater and Surface Water Hydrology, prepared by Summit Environmental Consultants Ltd., dated August 2008; Wildfire Hazard Assessment for Smith Creek, prepared by Mosaic Forest Management Ltd., dated September 4 th, 2006; Smith Creek: Neighbourhood Plan Environmental Assessment, prepared by Makonis Consulting Ltd., dated September 2008; Geotechnical Hazard Assessment: Smith Creek Neighbourhood Plan, prepared by Calibre Geotechnical Engineering Ltd., dated January 22, 2007; and Archaeological Impact Assessment: Proposed Smith Creek Residential Subdivision, prepared by I.R. Wilson Consultants Ltd., dated August In recognition of the significant work put into these plans and that much of the technical information contained within the plan may remain valid, the District is prepared to accept amended technical studies or an addendum letter provided that: References to Regional District of the Central Okanagan and the Ministry of Transportation are replaced with the District of West Kelowna (where applicable); The studies are prepared and submitted in accordance with the District s Terms of Reference for Technical Reports (where applicable and attached for reference); The studies reflect the recent (July 2014) Smith Creek Wildfire event; and The studies reference and are reflective of latest District of West Kelowna Master Plans as adopted by Council, including: Official Community Plan; Master Transportation Plan; Water Master Plan; Recreation Trails Master Plan; Agricultural Plan; Stormwater Plan; and

8 Parks and Recreation Master Plan. Smith Creek CDP Terms of Reference (File: CDP-14-01) Page 8 In addition to the above noted technical reports, the following specific reports must be provided and shall be in accordance with the District s Terms of Reference for Technical Reports (where applicable) and relevant DWK Master Plans; Traffic assessment and conclusions as prepared by a professional engineer experienced in traffic analysis registered in the Province of British Columbia. In addition to the technical modeling and report, the information should be summarized in a way that facilitates public understanding (i.e., the meaning of level of service, additional diagrams, etc.) Stormwater Management/Drainage Plan to identify and mitigate impacts to downstream basins that may be affected by the land use concept. Functional Servicing Report, prepared by a professional engineer. A detailed overview of servicing consideration can be found in Appendix B. Visual Impact Assessment, prepared by a professional landscape architect.

9 Appendix A: Mandatory Content of the Plan Smith Creek CDP Terms of Reference (File: CDP-14-01) Page 9 I. Context & Inventory The CDP will include an examination of the following site opportunities and constraints within or adjacent to the Plan area including: Land Use Existing land use, zoning and development permit area designations both within the plan area and on adjacent lands; Existing buildings and structures; Anticipated future land uses on adjacent lands; Biophysical Resources and Topography Hydrological and/or hydro-geological conditions including, but not limited to, infiltration, interception, groundwater and overland flows, as well as hydrologic processes including erosion. Geotechnical conditions including, but not limited to, soil composition, profile, and terrain stability; Slope analysis (less than 10%, 10% to 20%, 20% to 30% and over 30%), high points, low points and viewpoints. Note, slope analysis in development nodes and collector road corridors will require detailed mapping. Landscape and visually significant features (nature of feature, significance and magnitude) including view corridors and shadows, visual envelope, prominent features and landscape character; Natural and developments hazards such as wildfire, flood, instability, etc. Site Attributes Development nodes and alternative land use attributes of each proposed node. Wildlife and Fish Habitat Existing sensitive terrestrial and aquatic ecology including, but not limited to, biological diversity, flora and fauna, habitat size, habitat and wildlife corridors, complexity fragmentation or isolation. Special Features Existing archeological, historical (i.e. flume trail) and cultural features Contaminated areas Management of special features Transportation (including roads, cycling and pedestrian routes)/utility Corridors Existing conditions and corridors, future networks and standards (i.e., NFPA) Capacity and constraints of existing transportation routes Optional points of access to provincial highways, collector roads and appropriate points of access to adjacent lands. Existing utility corridors, registered rights-of-way and easements. Services/Facilities (see Appendix B) Water supply and sewage trunk mains and treatment (type, location, capacity)

10 Page 10 Schools, health, emergency services (type, location, capacity) Recreation services and parks in the vicinity of the plan area Proposed phasing of on and offsite services, expansions and improvements Opportunities for future servicing connections for adjacent lands. II. Assessment The Plan should include a detailed assessment of the opportunities, requirements and limitations within the Plan area based upon: The information gathered as part of the inventory outlined in Context and Inventory; Input from the public, Council, Council Committees, District staff and other agencies; Input from the other sources such as existing reports, policies and legislation; and Input from the consultant team. III. Final Concept The final plan must include statements regarding all of the following: An overview of the proposed development in the form of a site plan and accompanying text. The final site proposal should reference and include: o The proposed land use mix including type, location, density, and any other key development parameters, o A Phasing Plan, o An outline of how to manage remnants lands, o Development conceptual layout, o Road, pedestrian and cycling network, o Parkland, open space, trails, o Infrastructure and Servicing, o Reference and analysis of how the proposal is consistent with the following District Master Planning Documents including (but not limited to) : Official Community Plan; Master Transportation Plan; Water Master Plan; Recreation Trails Master Plan (draft); Agricultural Plan; Stormwater Plan; and Parks and Recreation Master Plan. Rationale and justification for all key development decisions and areas where the plan deviates from the above noted District Master Plans. An overview of how the plan respects the adjacent Crown Land rural land uses; A summary of the public consultation and a discussion of the responsiveness of the plan to that public input. An Urban Design Reference including general priorities for form and character Development Permit consideration. Outline the nature and extent of all anticipated impacts as determined through the plan process and the measures required to prevent, reduce, or mitigate those impacts.

11 Page 11 Appendix B: Engineering Considerations With relation to the entire study area, the Plan shall investigate options and associated costs respecting the following: 1. Water supply A. Source of Supply B. Capacity Requirements (Domestic and Fireflow) C. Major Infrastructure requirements, including: i. Water intakes ii. Treatment Facilities iii. Reservoirs iv. Pump Stations v. Supply Mains vi. Hydrant Locations 2. Sewage Collection and Disposal A. Method of Treatment B. Location of Treatment Facilities C. Treatment Capacity D. Major Infrastructure Requirements, including; i. Treatment Facilities ii. Lift Stations iii. Trunk Mains 3. Stormwater Management (Stormwater Management Plan) A. Define catchment areas and major flow paths B. Document natural flow paths, streams/watercourses C. Proposed Stormwater Outlets D. Major Infrastructure Requirements i. Trunk pipe systems ii. Hydraulic Controls 4. Roads (Traffic Impact Assessment) A. Arterial and Collector Road Networks B. Major infrastructure Requirements i. Arterial road network ii. Collector road network iii. Major structures (e.g. Grade separations, stream/river crossings) iv. Major intersections 5. Other A. Power Supply (BC Hydro) B. Natural Gas (Fortis) C. Television/Internet (Telus/Shaw)

12 Page 12 Appendix C: Deliverables Formal application and submission of the CDP document, and all related submissions, to the Development Services Division for review and circulation shall include: Four (4) copies of the complete submission on 8 ½ by 11 paper; Two (2) full sized sets of professionally stamped drawings (24 by 36 ), one (1) reduction suitable for photocopying (11 by 17 ) and PDF versions of all digitally produced drawings. An electronic copy of the formal submission document text (in Microsoft Word file format), and mapping (both PDF file format and GIS - ESRI shapefiles) on one (1) compact disk; All required maps formally submitted must include an appropriate title, plan boundaries, north arrow, graphic scale, legend, date (or revision dates as applicable), known street names and qualifications as required. All mapping must be reproducible in black in white or colour format; Land Ownership map and table containing legal addresses and a list of registered and assessed owners; A copy of all legal titles for the lands within the plan area, valid within the last 90 days, and copies of all registered covenants, easements, legal notations and statutory right-of-ways, including respective reference plans as applicable; Any additional technical figures and illustrations as necessary in support of the plan document; All required statistical summaries; All required technical studies (as outlined in Section 2.2 and associated Appendices of this TOR) and/or additional reports. These shall (be)submitted in PDF electronic format on one (1) compact disk, and four (4) bound copies on 8 ½ by 11 paper; Electronic copies of all all public meeting materials including presentation, posters and exit surveys shall be provided on compact disk, and All original slides, drawings and photos are to be surrendered upon completion of the project. Note: all documents and technical reports are to be submitted directly to the Development Services Division, who will then forward these to the affected District departments and/or agencies as applicable. Please ensure the application number is referenced in the cover letter. H:\DEVELOPMENT SERVICES\PLANNING\6520 Community Planning - Individual Areas\30 CDP Applications\2014\CDP 14-01\TOR\Smith Creek CDP TOR V1.docx