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LIBRARY City of Edmonton

Choosing Directions for Planning and Developing Edmonton in the Future

City of Edmonton Planning and Development

Introduction

Pg. 1

Background

Pg. 2

The Land Use (Zoning) Bylaw

Pg. 6

Managing Land Use, Development and Occupancy Services

Pg. 9

Planning Enhancements

Pg. 14

Next Steps

Pg. 19

City of Edmonton Planning and Development

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The City of Edmonton is reviewing its Land Use (Zoning) Bylaw and considering future directions to ensure the planning and development system we use in Edmonton meets the evolving needs of the City and the people who work with it.

There are two aspects to this review: 1.

First, the City's policies, procedures and systems for planning and development must respond to the extensive changes in our society over the past two decades.

2.

Second, the City is considering enhancements to planning and development that would more effectively serve the needs of those who use it in the future.

You can help set directions for these changes!

The City needs input and advice about how to design an excellent system for planning and development that will serve Edmonton well - not just now, but for many years to come. And that's what our consultation process is all about.

City of Edmonton Planning and Development

The Goals of City Planning and Development Initiatives The broad goal of all of the City's activities in land use planning and development is to serve the public interest. Serving the public interest means maintaining and creating a city that is functional, safe, healthy and pleasant to live in.

Therefore, the overall vision, laws and regulations for planning and development must ensure: Incompatible uses are properly separated Property values are protected Health and safety standards are met Crowding or congestion does not occur The natural environment is protected Buildings and surroundings are attractive and appealing Privacy is safeguarded Another less central, but also important, goal of any city planning process is to design

and manage an effective and efficient planning and development system for the benefit of the citizens, communities and development sector. There must be an effective, fair, efficient and understandable process for obtaining permission to build and develop - and/or for influencing the direction of building and development.

There is a need for: . . . •

Systems that are consumer friendly: easy to access and work with Procedures that are simple and easily understandable Enough flexibility to accommodate special situations Systems that are both cost effective and innovative

City of Edmonton Planning and Development

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To this end, the City of Edmonton has taken the following steps:

A In 1993, a Planning Process Round Table invited a diversity of stakeholders to provide input about the City's planning process. In its final implementation report in 1996, a comprehensive roadmap was provided to retool and refocus the city's procedures and systems for planning and development, based on the needs of the people who use the system.

A In 1995, the new City Council developed its Economic Vision for Edmonton, making it clear that the city was open for business and growth.

A In 1996, Plan Edmonton, a municipal development plan mandated by the provincial Municipal Government Act, determined how Edmonton will facilitate development, reduce regulation, respond to its economic development objectives, achieve its environmental objectives and manage its infrastructure and financial resources. The new zoning bylaw will conform to, and help achieve, the objectives of Plan Edmonton.

A

The City '97 Program, a planned course of corporate renewal launched in 1996, is intended to build a streamlined and customer-focused organization while responding to fiscal and service challenges. In response, the Planning and Development Department is changing its organizational structure and business practices, and has also begun revising the Land Use (Zoning) Bylaw.

What's Driving the Current Review?

Edmonton's City Council approved the current Land Use (Zoning) Bylaw in July, 1980 - almost two decades ago. Over this period of time, there have been major and rapid changes in our society, in technology and in how our city has grown and developed. If you have lived and worked in Edmonton for a decade or more, you cannot help but notice that significant trends are affecting the way that people in this city earn a living, do their shopping and establish a home.

Edmonton's Planning and Development Department has therefore been examining: • • • •

How to better provide services to customers How to streamline and modernize the Land Use (Zoning) Bylaw How to respond appropriately to society's changes Options for change and improvement

City of Edmonton Planning and Development

Trends Impacting Land Use Planning and Development

Environmental Movement

• • • • •

Preservation of wetlands and woodlots Preservation of prime agricultural land Reduction of hydrocarbon emissions Conservation of natural resources via decreased consumption and recycling Preservation of historical resources

Political Change

• • •

Demographic Shifts

• • •

Aging population Smaller households/fewer children Increase in ethnic diversity

• •

The

Edmonton Land Use Bylaw

z Economic Change

Social Change

• • •

Push for deregulation Adoption of "open for business" philosophy Downloading of responsibilities to municipal level of government Public demand for greater accountability Demand for tax freeze/reductions

•

Health care system reform Increasingly multicultural population Increase in non-traditional family households

• • • Technological Advancement

•

Communications technology developments and their impact on employment, settlement and movement patterns

• • •

Evolution from post-industrial economy to information-based economy Decreasing real incomes Increase in home-based businesses Continued downsizing of government and large corporations Continued decline of manufacturing activities Stagnant tax revenues Rapid shifts and fluctuations in retailing and small business development

City of Edmonton Planning and Development

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What are the Proposed Changes under Discussion?

The City Planning and Development Department has explored and studied alternative land use control systems. Staff and external consultants have reviewed the literature, shared and discussed ideas, and prepared seven detailed discussion papers about the options. (These papers are available to the public on request by calling 496-6090). The Department is now looking for input from stakeholders on how much reform of the bylaw and departmental processes they are comfortable with.

The Department is gathering input from stakeholders in key areas where changes are being proposed: 1.

Updating the new Land Use (Zoning) Bylaw.

2.

Providing better planning and development services to customers.

3.

Streamlining and integrating processes for land use, development and occupancy permits and approvals.

4.

Providing a single appeal process for land use, development and occupancy decisions.

5.

Considering the best balance for Edmonton between flexibility and clear, certain rules in planning and development.

On the pages ahead, we are asking for your input into each of these proposed changes. We want your input to ensure an appropriate shift from an emphasis on strict regulation to value-added service, to a system that finds ways to say yes to good projects, and to changes that genuinely improve things. Your ideas and opinions will impact the way in which planning and development evolves in our city in the months and years ahead.

City of Edmonton Planning and Development II

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Ideally, a zoning bylaw provides an effective and efficient approach to regulating the use and development of land. At their worst, however, zoning regulations can penalize people who want to use and develop land by creating impractical rules and stifling good ideas and intentions. An effective set of zoning regulations should be current and relevant, and focused on serving the public interest.

The Current Situation Edmonton's current Land Use (Zoning) Bylaw has undergone more than 190 amendments and grown threefold during the past 20 years. Changes are needed in both the content and structure of the bylaw to bring it in line with today's realities.

Here are some examples:

Adjusting to accommodate annexed lands. The City annexed 90,000 acres of land from four surrounding jurisdictions in 1982. The zoning bylaws of the original jurisdictions still apply in these areas - even though the City of Edmonton is responsible for their planning and development.

Updating parking regulations. To keep parking regulations functional, the City had to make ad hoc amendments to accommodate changes in the marketplace, changes in the sizes of vehicles and so on. This section of the bylaw needs to be streamlined and updated.

Regulating cleanup of contaminated lands. New provincial legislation on environmental standards places increased responsibility on the City for ensuring that lands are "clean" before they are developed. Therefore, new regulations governing the cleanup of contaminated lands need to be added to the bylaw.

Finding "edge" solutions. The activities and types of development that come together at the perimeters of a site are different and often incompatible. The bylaw should therefore include new urban design solutions for the "edges" of zones.

City of Edmonton Planning and Development

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"Morality" regulations. Some provisions of the current bylaw focus more on the land user than on land use. For example, provisions relating to liquor stores and peep shows sometimes attempt to solve problems relating to social behavior by using zoning regulations, even though the City has other rules and bylaws to deal with these types of concerns.

Ease of use and effective communication. To ensure accuracy and clarity, legal documents must be detailed, and this requires precise and sometimes complex wording. Eighteen years of ad hoc amendments have made the bylaw difficult to read and understand. Its readability can be improved (for example, with more user-friendly language and greater use of illustrations and charts) and the bylaw can be made more accessible to citizens (for example, through the Internet).

Overlays. The current zoning bylaw has ten statutory overlays related to Area Redevelopment Plans, along with several special purpose geographic overlays (for example, for major commercial corridors, the City Centre airport and pawn shops).

The excessive numbers of regulations and resulting red tape create unnecessary complexity. The City can reduce the number of overlays in the bylaw and improve the ones that remain.

Direct Control (DC) techniques. Direct Control techniques are currently used to solve the many problems that arise when conventional zoning does not work as effectively as it should. This results in major variations in the rules from one area to another. The City should reduce the use of Direct Control approaches in the bylaw and improve the ones that remain.

Special provisions. Many special provisions created as band-aid responses to emerging issues are no longer current.

Proposed Changes The current lengthy bylaw document can be much more streamlined and modern.

The focus will be on keeping what works, what is actually necessary, and discarding the rest. "If we are creating too many exceptions to the rules," says one consultant, ‘`perhaps we should be changing the rules."

City of Edmonton Planning and Development

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On a scale of 1 to 10 (1 being strongly disagree and 10 being strongly agree), to what extent do you agree or disagree with the following: 1.

The idea of streamlining and updating the current zoning bylaw.

Strongly Agree

Somewhat Agree

Strongly Disagree

4

5

7

8

9

10

2

la.

If you agree with the idea of streamlining and updating the current zoning bylaw, what are the factors or issues which influence your opinion?

lb.

If you disagree with the idea of streamlining and updating the current zoning bylaw, what are the factors or issues which influence your opinion?

City of Edmonton Planning and Development

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The goal of reforming current planning and development processes is to create a seamless, service-oriented system that can respond quickly and efficiently. The system can integrate the requirements of land use, development and occupancy permits and approvals into a single accessible process. The system should put the customer first, and be flexible enough to adapt to societal changes as they occur.

The Current Situation At present, people who need approvals for certain uses or developments face a maze of agencies, branches and offices in different locations. Each office may have different requirements - even though they are all dealing with the same project.

This is also true when people register appeals against approval decisions. Various appeal bodies and quasi-judicial hearing agencies in offices throughout the city have different rules about notices, hearings and approvals - even when all of this might relate to an appeal of the same development project.

Customers currently have to find their way through this complex system of approvals and appeals in an effort to satisfy current procedures. They must also learn about different definitions, development classes for permits, notifications, opportunities for public input, timing and other complex processes.

The City wants to do a better job of serving people's needs and recognizing the value of people's time. The goal is to take a balanced approach to meeting the needs of both development applicants and communities which will be affected by new developments.

Proposed Changes In order to improve customer service, the Planning and Development Department is considering the following changes to the current system:

City of Edmonton Planning and Development

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A New Customer Service Advocate Role. Many customers of the Planning and Development Department need advice and assistance in dealing with the complex processes of applying for permits and appealing decisions. Assigning each customer to a single contact person (their "Customer Service Advocate") could remove most of the difficulties encountered in moving from one desk or agency to another as a project goes through its stages. Whether a customer is building a garage or planning a major development, the Customer Service Advocate would be available to help them at each step of the process with rezoning, environmental review, building permits, clearance, subdivision or occupancy licenses.

Customer Service Advocates would do more than offer advice about how to deal with the system. They would help ensure the system is responsive to the customer and provide customers with an accessible "one-stop" shopping service; help pursue the necessary decisions within the system; and report the outcomes of the different permitting and approval processes to the customer.

Integrating the System into Parallel Processes. Currently, the City takes a linear, step-by-step approach to the planning and development of a new project. For example, a builder must first obtain a building permit (which may take as long as three months) before they can begin subsequent steps such as applying for business licenses and obtaining the fire department's approval. More often than not, this incremental approach results in delays and inefficiencies that can add to costs and impact the project overall.

To help projects move along more quickly, the customer (together with their Customer Service Advocate and others with appropriate expertise) would pursue various stages of approval at the same time. Permits and approvals would be pursued in parallel processes rather than sequential stages. This way, there would be fewer delays, and various processes would be better coordinated.

Single Appeal Centre. The City could serve its customers better by providing a single office for registering all appeals pertaining to land use, development and occupancy licensing. Right now, land use appeals are heard by the Subdivision and Development Appeal Board, assessment appeals are heard by a committee of City Council, business license appeals by another City Council committee and building code appeals are dealt with by a provincial body.

The Single Appeal Centre would house most or all of the functions and support systems for appeals ranging from subdivisions and major development applications to minor variances for fencing and licensing disputes. New mechanisms and structures would be adopted to streamline cross-jurisdictional regulation, especially between the new Land Use (Zoning) Bylaw and provincial licensing requirements. Again, it's a one-stop shopping model.

City of Edmonton Planning and Development

• On a scale of 1 to 10 (1 being strongly disagree and 10 being strongly agree), to what extent do you agree or disagree with the following: 2.

The idea of using a Customer Service Advocate to provide service and information throughout the permit and approval process?

Strongly Disagree

Somewhat Agree

Strongly Agree

1

2

2a.

If you agree with the idea of using a Customer Service Advocate to provide

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5

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7

8

9

10

service and information throughout the permit and approval process, what are the factors or issues which influence your opinion?

2b.

If you disagree with the idea of using a Customer Service Advocate to provide service and information throughout the permit and approval process, what are the factors or issues which influence your opinion?

City of Edmonton Planning and Development

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On a scale of 1 to 10 (1 being strongly disagree and 10 being strongly agree), to what extent do you agree or disagree with the following: 3.

The idea of using parallel processes in an effort to speed up and better coordinate the steps necessary for permits and approvals?

Strongly Disagree

Somewhat Agree

3

Strongly Agree

1

2

3a.

If you agree with the idea of parallel permitting and approval processes, what factors or issues influence your opinion?

3b.

If you

4

5

6

7

8

9

10

disagree with the idea of a parallel permitting and approval processes, what are the factors or issues which influence your opinion?

City of Edmonton Planning and Development

On a scale of 1 to 10 (1 being strongly disagree and 10 being strongly agree), to what extent do you agree or disagree with the following: 4.

The idea of a Single Appeal Centre?

Strongly Disagree

Strongly Agree

Somewhat Agree

1

2

3

4

5

6

7

8

9

10

4a.

If you agree with the idea of a Single Appeal Centre, what factors or issues influence your opinion?

4b.

If you disagree with the idea of a Single Appeal Centre, what are the factors or issues which influence your opinion?

City of Edmonton Planning and Development

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As we streamline and modernize the Land Use (Zoning) Bylaw, we have an opportunity to consider further enhancements which would make Edmonton's new bylaw better able to adapt to future trends and changes.

The Current Situation Traditional approaches to zoning are familiar and provide a great deal of certainty for many people because highly structured rules drive development decisions. But the traditional system has its flaws:

Traditional approaches to zoning are static. Because zoning is often at odds with actual development needs and market demands, amendments to the rules are constantly needed. The traditional focus on "class" of use (retail, industrial, residential, etc.) does not take into account how use is evolving, and how issues related to specific uses are also changing. For example, there are many more home offices, day care centres and group homes in residential areas. As well, with the move towards more high-tech and service industries, certain industrial uses can be much less of a concern for neighborhoods than in the past.

Traditional zoning is designed to serve all local interests in the same way.

Inner city and suburban communities have very different needs and concerns. For example, the downtown area and innovative suburban developments like Terwilligar Towne (a traditional small-town atmosphere in a new development) are unique and like no other parts of the city. At present, zoning that reflects the unique needs of these areas can only be achieved through the application of special area overlays.

Traditional zoning cannot ensure high quality development. At the site level, zoning controls only the building envelope and is often unable to address design matters which are left to the amendment process. Zoning categories are becoming more blurred and the Land Use (Zoning) Bylaw provides minimal direction regarding built form, environmental impact and/or safety risks.

Traditional zoning invites administrative problems. Designating districts by permitted and prohibited uses often doesn't address the changing needs of society or developers' needs to respond to the marketplace.

City of Edmonton Planning and Development

This results in a system driven by exceptions, variances and rezonings. (In any given year, there are as many as 12,000 development applications; 20% of these require variances or are classified as discretionary use; 500 development applications are appealed annually; and 75 to 100 rezonings are pursued). As a result, many people are saying they want a regulatory system with greater flexibility and longer-term sustainability.

But any enhancements to traditional zoning in Edmonton must acknowledge and address a key issue: a desire for flexibility has to be balanced with a need for certainty.

The current bylaw outlines permitted uses for each zone, and those who conform are guaranteed a permit. Many people in this city prefer this certainty and predictability to the uncertainty of a more flexible approach to land use and zoning. A revised Land Use (Zoning) Bylaw must therefore strike an appropriate balance between the practical benefits of greater certainty (where the rules are very clear up front and the same for all participants) versus the need to inject enough flexibility and innovation to reflect the changing demands and conditions of a growing city.

Proposed Enhancements to the Bylaw In considering these and other issues, the Planning and Development Department has identified the potential to adopt a system for selected types of development which would allow the City to approve projects in relation to their impact on the community. This approach to zoning regulation (called a performance-based approach) establishes quantifiable standards which the development must meet. It focuses on the impact of development, rather than controlling the use of the site.

Land use designations (such as residential, commercial, industrial and public use) would still be an important aspect of performance-based zoning, but there would be greater emphasis on the impact of these uses, and less reliance on strict applications of rules and regulations. The City would have fewer zones and would be saying, "You can develop for several uses in this area, but there must be no negative impact on the surrounding community (for example, in terms of noise, congestion, pollution, etc.)."

Other factors such as site planning, building design and facility operations would continue to be controlled to ensure compatibility.

This performance-based approach can further streamline the Land Use (Zoning) Bylaw by keeping regulation to a minimum and providing more local choice.

City of Edmonton Planning and Development

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In Edmonton, performance or impact-based enhancements to the Land Use (Zoning) Bylaw might be applied to achieve some or all of the following seven objectives: 1.

Encouraging low-density residential in-fill in mature neighborhoods. People should be just as confident about investing in new homes and new styles of housing in existing, established neighborhoods as they are in new suburban neighborhoods.

At the same time, new homes and new styles of housing should not create problems for the businesses and residents that are already there.

2.

Reinforcing older commercial strips. Established commercial strips should be kept economically healthy by allowing a much wider range of business types, kinds of buildings, and open storage and display areas than is currently the case. At the same time, new businesses and new buildings must be attractive and not create problems for the businesses, homes and people that are already there.

3.

Improving land use and design compatibility of major commercial nodes and corridors. Developers could build large new shopping centres and mega-stores

in many more locations, provided the buildings are attractive and do not cause noise and traffic problems for the businesses or the people that are already there.

4.

Managing industrial growth and transition. Industries could locate in many more locations, provided they are attractive and do not cause traffic, pollution, safety or noise problems for the businesses and people that are already there, or for the current level of services (public water, sewer and emergency).

5.

Conserving agricultural areas. Farmers and agricultural service and supply

operators should be just as confident about investing in their agricultural businesses as other people are about investing in residential, commercial and industrial operations. Agriculture should be protected from certain constraints imposed by adjacent non-agricultural developments that object to noise, dust, chemical sprays, animal odors and water usage problems.

6.

Conserving natural sites in table lands (lands outside the river valley).

Certain areas (such as lands with natural groundwater) need to be protected over time, but this should not be acheived at the total expense of the developer. At the same time, these areas should be saved from gradual destruction by urban development.

7.

Managing suburban growth for sustainable development. Landowners, speculators

and developers should be able to create new suburban neighborhoods around the city.

At the same time, tax dollars for public services should not be spread too thin.

City of Edmonton Planning and Development

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On a scale of 1 to 10 (1 being strongly disagree and 10 being strongly agree), to what extent do you agree or disagree with the following: 5.

The idea of a zoning process which sets quantifiable standards on rather than type of use.

impact of use

Strongly Disagree

Strongly

1

2

5a.

If you

Somewhat Agree

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4

5

Agree

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7

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9

10

agree with the idea of performance/impact based zoning

applications in the planning and development process, what factors or issues influence your opinion?

5b.

disagree with the idea of performance/impact based zoning applications in the planning and development process, what factors or issues influence your opinion?

If you

City of Edmonton Planning and Development

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On a scale of one to ten, where would you like to see the balance of flexibility rest?

Greater Flexibility

10 7.

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Some Flexibility/ Some Certainty

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Greater Certainty

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If an approach allowing greater flexibility and fewer rules were implemented: 7a.

What would you want the City to watch out for in implementation?

7b.

Which of the seven objectives described on page 17 do you believe would be most adaptable to a more flexible approach to planning and development?

(Number in order of your priority, 1 to 7.)

My Priority Is: Encouraging low-density residential in-fill in mature neighborhoods.

Reinforcing older commercial strips.

Improving land use and design compatibility of major commercial nodes and corridors.

Managing industrial growth and transition.

Conserving agricultural areas.

Conserving natural sites in table lands (lands outside the river valley).

Managing suburban growth for sustainable development.

City of Edmonton Planning and Development

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To receive public input on the drafting of a new Land Use (Zoning) Bylaw and on regulatory reform, the City's Planning and Development Department is holding two rounds of consultation, one early in 1999 to provide general direction about the nature and sc_21e of possible planning and development changes, and another in the fall of 1999 on the draft of a new Land Use (Zoning) Bylaw.

In the late spring of 2000, a public hearing will be held. As well, current plans are to have the new bylaw and regulatory system operating by the end of the year 2000.

City Council will be briefed throughout this process.

Project Timeline Legend • = Timelines • = Council Progress Reports/Public Hearings III = Plenary Session

A = Public Consultation

1999

2000

Jan - I Apr - 1 July - I Oct Mar I June Sept I Dec

Jan - I Apr - I July - I Oct Mar June Sept Dec

Project Component 1. Draft New Zoning Bylaw and Regulatory Reform Package

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2. Project Approval

3. Implementation Planning

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City of Edmonton Planning and Development i

Phase One Consultation This is the phase we are in now, and it will be complete by the spring/summer of 1999. Major developers, community representatives, and representatives of the building and renovation industry will be invited to participate in this round of consultation. Throughout discussions with these groups, the Planning and Development Department will identify priorities and emerging issues, and will hear what types of changes stakeholders do, or do not, support and why. Once stakeholders have met as distinct groups, they will join a plenary session in which the ideas and views of all will be shared. From this meeting, a final set of opinions and views will be consolidated which will help shape the draft of the new Land Use (Zoning) Bylaw.

Public information will be disseminated to ensure citizens are aware of the nature and scale of the proposed bylaw changes, and have adequate opportunities for input.

Phase Two Consultation Due in the fall of 1999, this round of consultation will invite stakeholders to provide input to a detailed draft bylaw which outlines the specific regulatory changes proposed. Input will be reflected in a revised bylaw which go forward to City Council for its debate and vote.

Public Hearing A public hearing, scheduled for the spring of 2000, offers a third opportunity for input by stakeholders and the public before the final reading.

Council Approval of Bylaw Changes Following the public hearing, Council will debate further amendments, and vote on the bylaw. It is anticipated that Council will pass a new Land Use (Zoning) Bylaw by the summer of 2000.

City of Edmonton Planning and Development