Difficult Proposals and the NIMBY May 28, 2013 Jeffrey Davies 1 - PowerPoint PPT Presentation

Land and Development Conference Difficult Proposals and the NIMBY May 28, 2013 Jeffrey Davies 1

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Too high Decreased Property Intrusive Values Too dense Shadows Sewers Environment Backup Noise WaterPressur e Skyview Privacy Dust School Energy Waste Big box Light Pollution Visual Blight Overlook 6

O U T O F C H A R A C T E R 7

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Prepare a Solid Foundation • Good planning underlies each solution • Attention to Policy • Resolve technical considerations • Politics • Community • Compatibility 9

1) Community and City Building • Start Early • Focus Groups • Wide and Deep Consultation • Work with Opinion Leaders • Work with Community Groups • Workshops - Charettes • Plan • Strategize • Constantly Monitor Feedback and Social Media 10

2) Numbers Based Negotiation and Compromise 11

3) Incentives to the Community • A spoonful of sugar • If the community can support • We’ll provide … 12

Compatibility • Development existing in harmony with adjacent development; it need not be the same or even similar • The appropriate objective test of compatibility is whether or not the proposal will have an undue adverse impact on the existing development • Upheld  ( Graywood Investments Ltd. v. City of Toronto ) • Nature’s Example: The Egyptian Plover and the Nile Crocodile enjoy a compatible relationship. The Plover gets a meal for cleaning the Croc’s teeth 13

Good Planning and Compatible 14

Good Planning and Compatible 15

4) Merit Based • Approach: preparing for OMB adjudication • We have an excellent, fully thought through proposal • We’re not changing it unless you can objectively show it causes an undue adverse impact 16

Conclusion • Prepare a Solid Foundation • Three Approaches to Resolution  Community Planning and City Building  Numbers Based Negotiation and Compromise  Incentives to the Community • Compatibility • Preparing for Adjudication  Stick to it unless merit based changes needed 17

Land and Development Conference Difficult Proposals and the NIMBY Jeffrey Davies Davies Howe Partners LLP 416-263-4508 j effd@ davieshowe.com www.davieshowe.com 18