1 District of Northsaanich
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:1 District of NorthSaanich STAFFREPORT To: Rob Buchan Date: January 17, 2018 Chief Administrative Officer From: Coralie Breen File: 6440-20; 6430 Senior Planner Re: Bylaw 401 7 ‘Capital Regional District Regional Growth Strategy Bylaw No. 1 , 2016” For information and decision. RECOMMENDATION(S): That Council accept Bylaw 4017 ‘Capital Regional District Regional Growth Strategy Bylaw No. I , 201 6” and write to the Capital Regional Board that it has no objections. STRATEGIC PLAN IMPLICATIONS: This matter relates to the following Council strategic priorities: Protect and Enhance Rural, Agricultural, Heritage, Marine and Environmental Resources The District of North Saanich seeks to ensure there are sufficient objectives and targets with respect to reduced development pressures contained in the Regional Growth Strategy (RGS) which would strengthen the protection of rural communities and protect and represent the community’s and region’s agricultural interests in food supply and security. SCOPE OF STAFF REPORT: This report provides an update to Council on the Capital Regional District Regional Growth Strategy (RGS) dispute resolution process. BACKGROUNDIINFORMATION: On January 23, 201 7 Council rejected the RGS as proposed Bylaw 401 7 “Capital Regional District Regional Growth Strategy Bylaw No. 1, 2016” (Bylaw 4017) and the District of North Saanich entered the non-binding dispute resolution process on June 14, 2017 as directed by the Minister. The District objected to the RGS on the basis that it does not address long-standing objections of the District with the RGS, including the provisions on growth management, population growth and food system targets. Non-binding mediation was held on December 6 and 7, 2017 in Victoria, BC with the rejecting (District of Central Saanich, District of Highlands, District of North Saanich, District of Saanich, City of Colwood, Town of View Royal, Township of Esquimalt) and participating (City of Victoria, District of Metchosin, District of Sooke) local governments and the Juan de Fuca electoral area (as approved by the CRD Board) on the disputed issues. Mayor Alice EmaIl and Councillor Geoff Orr were Council’s designated representatives at the mediation. A range of solutions were generated by mediation, including providing more detailed population projections, refining content concerning parkland protection and transportation, and including new content related to urban settlement, food systems and climate adaptation. The agreement on water servicing refines criteria and process requirements for addressing new water services extensions, and identifies the Juan de Fuca Electoral Area communities where water extensions could occur. Of the more than 30 RGS provisions, more than 20 RGS changes were proposed by North Saanich and accepted in the mediation. 7 and gave it On January 1 0, 201 8 the Capital Regional Board approved the amended Bylaw 401 first and second reading and referred Bylaw 4017 to all CRD local governments for approval. Municipalities have a 60-day period beginning upon receipt of the referral letter to either accept or reject the RGS amending bylaw by resolution of council. Should acceptance of any revised provision not be reached, the RGS must be settled by binding settlement process. The sixty day referral period ends on March 15, 2018 Municipalities who reject the RGS amending bylaw must specify which provision(s) they reject and the reason(s) for the rejection. Only those provisions that have been amended can be rejected. LEGAL IMPLICATiONS: Local Government Act S. 436 Acceptance by affected local governments All municipalities must accept the RGS amending bylaw before it can be adopted. The Local Government Act (section 436) sets out requirements for municipal acceptance.. The legislation sets out three possible processes that can be used to reach acceptance through the ‘settlement” route, as follows: a) peer panel b) final proposal arbitration and c) full arbitration. OPTIONS: I . Accept amended Bylaw 401 7; or 2. Do not accept amended Bylaw 4017. NEXT STEPS: 1. All municipalities must accept the RGS Bylaw 4017 before Bylaw 4017 can be adopted. 2. If any municipality reject any of the amending provisions, the RGS would go to binding arbitration. 2 3. Following adoption ofthe “2018 RGS” all local governments have two years to align their Official Community Plan Regional Context Statement with the ‘2018 RGS”. SUMMARY: Non-binding mediation generated proposed solutions to all disputed RGS provisions. Unanimous acceptance by all local governments would allow the RGS to by adopted in the Spring, 2018. Staff recommends Council accept the amended RGS Bylaw 4017 “Capital Regional District Regional Growth Strategy Bylaw No. I , 201 6” which will be known as “201 8 RGS”. Respectfully submitted, Ji Coralie Breen Senior Planner Services Eymond Toupin, Director of Infrastructure Services Curt Kingsley, Director of Corporate Services John Telford, Director of Emergency Services Stephanie Munro, Director of Financial Services AppendixA Summary of Regional Growth Strategy Mediation Outcomes Appendix B Track Changes RGS Document Appendix C RGS 201 8 Document without Track Changes 3 APPENDIX A Summary of Regional Growth Strategy Mediation Outcomes The table below summarizes the content agreed-to by all mediation participants to resolve the disputed Regional Growth Strategy (RGS) provisions. The table is organized according to the agenda developed for the mediation sessions. The first column provides solutions suggested by each municipality in their mediation brief and the second column provides the agreed-upon content with cross-references to the appropriate page in the track-changes RGS document. Solutions put forward by each rejecting Content agreed-to by all mediation municipality participants 1 Vision / Population Projections / Appendix Vision 1. Move the objective “significantly reduce Move the objective to first on the list of bulleted community-based greenhouse gas emissions” to objectives. (p.1) first on the bulleted list. (Esquimalt: Item 6) Population Projections 2. Replace Table 1: Population, Dwelling Unit and Replace Table 1 with projections by local Employment Forecast by Sub-Region with government, as shown in Attachment 1. (p.6) projections by local government undertaken for Change “forecast” to “projections. the RSS. [North Saanich: Item1(a)] Update the projections with the most recent census numbers as soon as practicable. Appendix A: Community Profiles 3. Amend Esquimalt’s community profile by Amend the community profile with content deleting the first sentence and replacing it with a provided by Esquimalt. (p.42) sentence that reflects the Township’s walkability and outstanding green spaces. (Esquimalt: Item 5) 2 Economic Development (Policy 5.1.3) Economic Development (Policy 5.1.3) 4. Reword policy to indicate that municipalities Revise policy 5.1.3, with suggestion amended retain the ability to prioritize business attraction as follows: “Prioritize the attraction of new according to their own needs while recognizing businesses and investment that will support that it is desirable to have economic climate action while supporting the retention development that supports or encourages and growth of existing businesses and climate action. (Esquimalt – 3) economic activities in the region.” (p.32) RGS Mediation Outcomes Page 1 of 15 Solutions put forward by each rejecting Content agreed-to by all mediation municipality participants 3 Climate Action Objective 7: Climate Action 5. Amend target for Climate Action in Table 2: 2038 Retain the Climate Action target as per the Targets by Priority Area and Objective as follows: referred RGS. (p.41) Reduce greenhouse gas emissions (from 2007 levels) by 2020 and for each subsequent calendar year. Reduce greenhouse gas emissions from buildings and solid waste by 33% (from 2007 levels) by 2020. [North Saanich : Item 5(a)] 6. Under Objective 7.1, add a new principle: Be Add a new principle under Objective 7.1, with resilient to climate change impacts and natural suggestion amended as follows: “Be resilient to hazards. [North Saanich: Item 5(b)] climate change impacts, including climate-related natural hazards.” (p.35) 7. Under Objective 7.1, add a new principle: Add a new principle under Objective 7.1, with Promote adaptation principles of managed suggestion amended as follows: “Promote retreat, avoid, accommodate and protect to adaptation principles of managed retreat, avoid, reduce greenhouse gas emissions. [North Saanich: accommodate and protect.” (p.35) Item 5(c)] 8. Amend policy 7.1.2 as follows (proposed text is Amend policy 7.1.2 as suggested. (p.36) underlined): Design, manage, fund and operate programs, services and infrastructure to reduce greenhouse gas emissions and to mitigate and adapt to climate change in keeping with the principles outlined in Objective 7.1. [North Saanich: Item – 5(e)] 9. Under Objective 7.1, amend Principle IV as Amend Principle IV, with suggestion amended as follows (proposed text is underlined): Protect and follows: “Protect and assess the carbon assess the carbon sequestration and sequestration and ecosystem values of natural environmental value of natural systems, including systems, including forested lands, agricultural forested lands, agricultural lands and wetlands. lands and wetlands.” (p.35) [North Saanich: Item 5(d)] Add the following definition of “agricultural land” to the Glossary: “Agricultural land: Agricultural land (farm land) is the area that supports the growing, producing,