Thomas Knight

Land Use Zoning &
Planning
2012 MATI 1 Course
Tues., Aug.14, 2012
Victoria, BC
Thomas Knight MCIP, RPP
[email protected]
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Presentation Overview
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What is Planning?
History of Planning
The Role of the Planner
The Regulatory Tool Kit
• Regional Growth Strategy (RGS)
• Official Community Plan (OCP)
• Zoning Bylaw
• Development Permit
• Subdivision
A Sample Process: Subdivision
Other Types of Development Applications
Recent Planning Trends
Closing Remarks
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What is Planning?
• The process by which communities attempt
to control change & development in their
physical environment.
• The object of planning is the “physical
environment” (natural & human-made)
which means land & all its uses.
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The Canadian Encyclopedia – Urban & Regional Planning, William Perks & P.J. Smith
Two Basic Planning Issues
1. The need to think ahead to accommodate the
growth – deciding which lands should be built
on, when & for what purpose (residential,
commercial, industrial, etc.).
2. The need to consider the developed areas &
distinguish between areas where change is not
desired & those where change is either
unavoidable or needed.
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The Canadian Encyclopedia – Urban & Regional Planning, William Perks & P.J. Smith
How Did Planning Originate?
• The planning profession arose from the
problems of the Industrial Revolution.
• The City Beautiful Movement (reformers) in
the 1890s: separating homes from factories
& building parks in cities.
• Early planners were public health officials,
architects & engineers.
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Chrysler Building in New York City
Hycroft Mansion in Shaughnessy Heights, Vancouver
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The Role of the Planner
Planners are responsible for two related, but
diverse responsibilities:
1. Long Range (or Policy) Planning
2. Current (Land Use) Planning
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Long Range Planning Responsibilities
• Prepares the OCP & other land use plans,
policies or strategies.
• Provides technical planning advice or information
(data, trends or community dynamics) to Board or
Council & other departments.
• Ensures effective public participation throughout
the planning process.
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Current Planning Responsibilities
• Handles all development review processes (OCP
amendments, rezoning, development permits &
subdivisions).
• May have the ability to approve certain
development permits delegated by Board or
Council.
• May include subdivision approval in some
municipalities (i.e., the Approving Officer).
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Planners May also be Responsible for the
Following Disciplines
• Heritage Planning
• Affordable Housing
• Economic Development
• Social Planning
• Transportation Planning
• Environment or Sustainability Planning
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Current 2005
Typical Organizational Chart for
Municipal
Planning Department
Planning
Div.
Planning Division
Planning & Corp.
Services
Inspection Services
Lic. & Bylaw Enfor.
Bus. Lic.
Bylaw Enf.
Inspections
Bldg.
Heating/Plumb.
Development Services
OCP Amend.
Zoning
Development Permits
Heritage
Natural Area/Hazard
Commercial/Industrial
Multi-family
Subdivision
Subdivision
ALR Applications
Planning Policy/Res.
Real Estate/Com.Dev.
OCP
Community Planning
Inter-Gov. Liaison
Research/Policy Dev.
Envir. Planning
Heritage
Town Centre Imp.
Social Planning
Housing
Neighbour Assoc. Liaison
Special Projects
Special Projects
Permits/Plan Checking
One Window
City of Kelowna
Source: Ron Mattiussi, MCIP 2005 MATI Course
Relationship of Planning Department
to Other Departments
Departments
Planning Involvement
1. Bylaw & Licensing
• Zoning & land use review
• Liquor control & licensing
• Home occupations
2. Building Department
• Setbacks & siting review
• Environmental considerations
• Development permit approval
3. Corporate & Legislative
Services
• Advisory planning commissions
• Planning committee & public hearing
• Bylaw preparation & amendments
• Minutes preparation & review
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Relationship of Planning Department
to Other Departments
Departments
Planning Involvement
4. Finance
• Application fees
• Letter of credits & bonding
• Tax roll assignment
5. IT & GIS
• Cadastral map updates
• Land use changes
• House numbering
6. Operations & Engineering
• Subdivision review
• Servicing connections
• Development cost charges
7. Parks & Recreation
• Parkland & trail dedication
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The Planner’s Responsibility within
the Political Framework
• Council sets overall land use/development policy
& direction in the OCP & implements that
direction through the zoning bylaw.
• Council must consider OCP policy, staff
recommendations & public input when
considering development applications.
• The ultimate planning decision must be a
political decision.
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Political Reality for Planners
Local Government Act
• In BC, all regional growth strategies,
official community plans, zoning bylaws &
all development approval processes
(except the subdivision of land) are
prepared & adopted within the statutory
provisions of the Local Government Act.
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Regional Growth Strategy
• Highest level of planning document that
provides a vision for a region that includes
the regional district and its member
municipalities.
• Define where future growth should occur.
• Minimum of a twenty year timeframe.
• Includes population and employment
projections.
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Official Community Plan
• What is an OCP & what does it do?
Official Community Plan
• An OCP is a policy tool of Local Government to guide
decisions on planning & land use management.
• Describes general goals, objectives & policies to
achieve a long term vision for the community.
• Must include written text & map(s).
• OCP designates general land use activities ranging
from residential & commercial to public parks,
schools & other public facilities.
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OCP relationship to land use
regulations
OCP Map
A land use designation shows the full range of
land uses that could be allowed by zoning on
area of land.
These affect the decisions about any zoning
changes. They do not affect what can be built
on the property.
Zoning Map
The zoning map and bylaw are actual
regulations that show what can be built on
the land.
These regulations affect property owners.
Zoning Bylaw
• Zoning Bylaw regulates land uses & implements the
broad range of goals, objectives & policies of an OCP
at a site-specific level.
• The Zoning Bylaw divides the municipality or
Regional District into zones & sets regulations for
each zone.
• The principal purpose of a Zoning Bylaw is to guide
growth in a systematic way by ensuring various uses
of land & structures are compatible.
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Zoning Bylaw
Zoning Regulates:
• Land use:
- Permitted uses
- Accessory uses
• Density
• Size & placement of buildings & structures including:
– Setbacks from property lines
– Height
• Parking
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Zoning Bylaw
Limitations on Zoning:
• Zoning cannot prohibit resource extraction (e.g., gravel
pits) or tree removal (controlled through separate bylaw)
• Restrictions on Federal & Provincial lands:
– Agricultural Land Reserve
– Aeronautical Corridors
– Department of National Defence Lands
– First Nations Lands
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Zoning Bylaw
Application for rezoning is required for:
• Proposed change to permitted uses
– Residential  commercial
– Residential  multiple residential
• Proposed change to density
• Amendments of this nature are considered to be in the
broad public interest & require a public hearing
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Development Permit
• Development Permit Areas (DPAs) may be
designated within the OCP
• Sets special conditions or objectives that
justify the designation
• OCP or Zoning Bylaw must specify guidelines
to address special conditions or objectives
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Development Permit
Local Government Act permits designation of DPAs for
the following purposes:
1. Natural environment protection
2. Hazardous conditions protection
3. Farming protection
4. Downtown revitalization
5. Form & character objectives
6. Energy & water conservation
7. Greenhouse gas emissions reduction
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Development Permit
Within DPAs, the following cannot occur unless the
Local Government issues a DP:
• Construction or alteration of a building
• Subdivision or alteration of land
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Subdivision
The creation of several properties from one
or more existing properties.
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Types of
Subdivisions:
1
2
3
4
Lot A
Plan 64183
Conventional Fee Simple
Lot A
Lot B
Lot A
Lot B
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80
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70
Lot Line Adjustment (realignment)
Lot A
Lot A
Lot
C
Lot B
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Lot
D
Lot
Lot 1C
Lot B
Consolidation
Lot
D
Bare Land Strata
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Building Strata
Subdivision
• Land Titles Act, Local Services Act & Strata
Property Act govern rules & regulations
pertaining to subdivision approval.
• Municipal Council must appoint an Approving
Officer.
• The approving of subdivisions within Regional
Districts is through the Approving Officer for the
Ministry of Transportation & Infrastructure.
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Subdivision
• An Approving Officer is a statutory official with separate
& independent jurisdiction from local government.
• The Approving Officer ensures that subdivisions are in
accordance with provincial statutes & regulations &
local government bylaws regulating subdivision &
zoning.
• Council’s powers to regulate subdivision are restricted.
May determine the amount & location of park or
whether money must be provided for park purposes.
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A Sample Process: Subdivision
100m
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40m
30m
30m
A Sample Process: Subdivision
1. Receives a complete application
2. Assigns to a current planner
3. Planner reviews & initiates referral process
– Internal departments (engineering & parks)
– External agencies (Min. of Trans. & Infrastructure,
Min. of Environment, school boards, adjacent
municipalities, First Nations)
4. Sends a preliminary letter of approval (PLA)
to applicant
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A Sample Process: Subdivision
5. Applicant completes subject conditions:
– Geotechnical review (Engineering)
– Storm water management plan (Engineering)
– Servicing agreement (Engineering)
– Legal survey plan (Engineering)
– Latecomers agreement (Engineering)
– Bonding/letters of credit/tax roll info (Finance)
– Restrictive covenants/r-o-w’s (Legislative)
– Parks dedication or provision of trails (Parks)
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A Sample Process: Subdivision
6. Planner ensures compliance to bylaws &
policies
7. Approving officer executes legal plans
8. Plans are registered at Land Titles Office
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Other Types of Development
Applications
1. Official Community Plan Amendments (OCP)
2. Rezoning (RZ)
3. Subdivision Applications (SUB)
4. Development Permits (DP)
5. Development Variance Permits (DVP)
6. Environmentally Sensitive Development Permits
(ESA DP)
7. Temporary Commercial Use Permits (TCUP)
8. Temporary Industrial Use Permits (TIUP)
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Other Types of Development
Applications
9. Agricultural Land Reserve Applications (ALR)
10. Heritage Revitalization / Alteration Permits
11. Floodplain Relief
12. Board of Variance (BOV)
13. Siting Permits
14. Tree Cutting Permits
15. Home Occupations (HO)
16. Comfort Letters (CL)
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Recent Planning Trends
• 879 Consultation Strategy
– First Nations
– School Boards
– Adjacent Jurisdictions
• Sustainability
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Climate Change
Smart Growth
Sustainability checklist
Greenwashing
• Bill 27
– Provincial mandate to reduce greenhouse gas emissions
– OCP to be updated by 2010, made into law by 2011
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Closing Remarks
1. A public official is there to serve the public & not run
them.
2. It is more trouble to consult the public than to ignore
them but that is what your are hired for.
3. Don’t try any sly or foxy politics. A planner is not a
politician.
4. Don’t make enemies unnecessarily & for trivial reasons.
If you are any good, you will make plenty of them on
matters of straight honesty & public policy & will need all
the support you can get.
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Source: Clifford Pinchat, Envisage, circa 1909
Closing Remarks
5. “Everyone has a dream; we are not here to
throw obstacles in their paths. We are here to
assist & facilitate their dreams through the
regulatory process.” (D. DeGagne)
6. “Instead of becoming a person of success,
become a person of value.” (A. Einstein)
7. “For success, attitude is equally as important as
ability.” (MATI 3, April 09)
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Thanks to
Ron Mattiussi, Rob Buchan and
Brian Chow
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