Edmonton (Alta.) - 1999-2000 - CS8_Background report...and highlights of the new draft zoning bylaw

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Choosing Directions for Planning and Developing Edmonton in the Future Background Report on Process Review and Highlights of the New Draft Zoning Byaw Jny, 20G0

Planning and Development

LIBRARY The City of Edmonton

Choosing Directions for Planning and Developing Edmonton in the Future Background Report on Process Review and Highlights of the New Draft Zoning Bylaw July, 2000

b090 1266 2000 Ac. 127895 CITY SHAPING: CHOOSING DIRECTIONS FOR PLANNING AND DEVELOPING EDMONTON IN THE FUTURE: BACKGROUID REPORT ON...

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Introduction

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Overview of the Process

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Step 1: Research and Information Gathering

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January 1998 - August 1998 What We Did

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What We Learned

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What We Did with What We Learned

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Step 2: Idea Testing

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September 1998 - December 1999 What We Did

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What We Learned

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What We Did with What We Learned

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Step 3: Technical Update of the Bylaw

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January 2000 - June 2000 What We Did

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What We Learned

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What We Did with What We Learned

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Step 4: Circulation of the Draft Bylaw

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July 2000 - September 2000 What We Are Doing Next Steps

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July 2000 - November 2000 Step 1: Research and Information Gathering Highlights of Proposed Changes

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Plan Edmonton envisions a city that offers high standards of living, good quality of life and new opportunities for business and industry. Land use regulation - or zoning - is an important tool for shaping the kind of city we want for ourselves and for future generations.

A new Land Use (Zoning) Bylaw flows naturally from Plan Edmonton, as zoning is an implementation instrument of policy. However, the current Land Use Bylaw is 20 years old, introduced before power centres, traditional townes and the growing knowledge industry.

While much of the existing Bylaw is still relevant, it reflects the policies and technology of the time.

The need to revise the current Land Use Bylaw was first raised by public and industry during the 1996 Planning Process Round Table. In the fall of 1997, City Council agreed that the Land Use (Zoning) Bylaw would be renewed in conjunction with the adoption and implementation of the new Municipal Development Plan. Work began on a new zoning bylaw in January of 1998.

The goals for the project were for an updated bylaw, enhanced customer service and targeted innovations to better implement the Municipal Development Plan.

From the beginning, the City of Edmonton Planning & Development Department was committed to an open and transparent process that would be driven by the people most affected by changes to the Land Use Bylaw. Initially, these key stakeholders were determined to be builders, developers and the community, a group that was later expanded to include businesses and speciality industries, such as the sign industry.

At every step of the process we checked with our stakeholders, tested new ideas and used what we had learned to inform the next step. From this input, basic principles were established against which the Department could test possible bylaw text changes. These principles were: A Focus on updating as opposed to setting out to break new ground.

A Do not upset the balance of influence that exists in the present system among development proponents and neighbors.

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A Simplify wherever possible.

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Clarify the text so that there is a transparent relationship between what is written and what people ultimately see on the ground.

A Minimalize both text and issues that are regulated. Do not attempt to address everything that impacts the planning process The purpose of this document is to summarize the process that was used to arrive at the new Draft Land Use Bylaw and to highlight the major changes that are being proposed.

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Key Stakeholders:

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Step 1: Research and Information Gathering

January 1998 - August 1998

Step 2: Idea Testing

September 1998 - December 1999

Step 3: Technical Update of the Bylaw

January 2000 - June 2000

Step 4: Circulation of Draft Bylaw

July 2000 - September 2000

Next Steps

July 2000 - November 2000 1.Circulate Draft Bylaw 2.Consult with Key Customer Groups 3.Collect Feedback 4. Prepare and Distribute Proposed Bylaw 5.Public Hearing 6. Council Consideration of Bylaw

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Step 1: Research and Information Gathering January 1998 - August 1998 What We Did

• During this stage of the process, Planning & Development staff identified the areas of the existing Land Use Bylaw that needed to be reviewed for possible revision and explored a number of new ideas for changing the current approach to land use regulation.

• The results of this work were presented in seven discussion papers that: A Documented areas in the present bylaw in need of attention and provided a context

for the need for change and renewal.

A Highlighted policy areas in Plan Edmonton that have implications for a new zoning

bylaw.

A Introduced a number of ideas for change and provided a detailed review of four

alternative zoning systems.

A Refined the more radical ideas for a pure performance based approach into what was

called the "Made in Edmonton Approach."

What We Learned

• The process of renewing the Land Use Bylaw could be divided into three major areas of activity: (1) Update the existing Land Use Bylaw and correct problems identified with the existing regulations.

(2) Create a seamless, customer focused regulatory process that encompasses all of the municipal decisions around land use and the occupancy of land.

(3) Provide innovative and effective solutions for the implementation of specific City Council land use policies, and assume a stronger role in the development • Performance based zoning is a complex system that must only be used in connection with clearly established policy direction and specific city needs. Communities that used performance based zoning extensively fell into a trap of restricting change as opposed to encouraging innovation. The Planning & Development Department concluded that the performance based approach had many advantages but could be overly complicated for many situations and should be reserved for high level corporate objectives.

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What We Did with What We Learned

• In August 1998, the Planning & Development Department presented a report to Executive Committee of City Council that recommended that an aggressive program of change be reviewed with stakeholders. Executive Committee accepted the report as information and Planning & Development set out to test its major ideas. • A communications consultant was engaged to develop a strategy for testing ideas and options with key stakeholders. This would allow the Planning & Development Department to solicit feedback at a very general level and very early in the process. It was decided that only ideas and issues that received customer support and would add value to the final bylaw would be pursued further.

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Step 2: Idea Testing September 1998 - December 1999What We Did

• Ideas from Step 1 were refined and presented in a workbook that covered three general concepts: (1) Updating the Land Use (Zoning) Bylaw (2) Managing Land Use, Development and Occupancy Services (3) Planning Enhancements • A test group of knowledgeable stakeholders, representing community groups, business interests, land developers and homebuilders, was established.

• In March and April 1999, six Stakeholder Input Sessions were held with key stakeholder groups representing communities, builders and developers. Almost 100 individuals participated in the sessions, including 36 community members, 34 builders and 24 developers. Participants were selected as trusted representatives of their sectors. The goal of the sessions was to obtain effective input by testing specific ideas with appropriate stakeholders rather than simply seeking opinions.

• These six sessions were followed by two additional sessions in May and June 1999. The first session was to confirm the results of the six Stakeholder Input Sessions and the second was to give participants an opportunity to view the results and to receive and outline of future action.

What We Learned

• Although opinions from the various groups differed, the response from the focus groups could be summarized as follows: • Stakeholders supported the idea of updating the existing bylaw. However, their direction was to streamline and update the existing bylaw, rather than to re-write it.

• Stakeholders supported a customer service focus, but did not wish to change the balance between certainty and flexibility in the existing system, nor the balance of influence between applicant and neighbor.

• Stakeholders supported a limited addition of innovation (performance-based approach).

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What We Did with What We Learned

• As a result of this input, the Department recommended that the new bylaw respect the following three directions: (1) The larger community is supportive of the existing bylaw and planning processes.

(2) There is both policy and stakeholder support for limited innovations around an industrial land strategy and an intensification strategy.

(3) A pure system of performance based planning should be limited to high level corporate objectives.

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Step 3: Technical Update of the Bylaw January 2000 - June 2000 What We Did

• In January 2000, the Planning & Development Department presented a report to the Executive Committee of Council that reviewed the results of the Stakeholder Input Sessions and set out the process for completing the project.

• Following presentation of the report to Executive Committee, the Planning & Development Department initiated an internal process to update the existing bylaw, review potential customer information and service improvements, and look in depth at two specific performance based innovations.

• Work on the Bylaw review fell into three distinct streams: (1) Updating the Bylaw (2) Managing land use and development services (3) Zoning innovations • The intent of Updating the Bylaw was to have a bylaw that would meet the demands of a complex city in the new millennium. Project teams were formed to review different segments of the Bylaw and find ways to: A Remove duplication A Remove redundancy (e.g another piece of legislation deals with this) A Use plain language A Review all ad hoc and temporary additions made to the Bylaw over the last 20 years to ensure that the additions fit and are consistent with the rest of the bylaw

• Managing Land Use and Development Services included a review of the Planning & Development processes within the City of Edmonton and a review of how information is accessed by and delivered to decision-makers, applicants and the general public. Project teams were to look for ways to: A Enhance customer service A Significantly improve accessibility to and quality of information A Streamline the number of administrative steps in any given zoning procedure A Seek opportunities for parallel processes A Clarify responsibilities A Improve readability of documents

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• Zoning Innovations considered possible innovations in three areas: Industrial Zone, Industrial Plan Preparation and Mature Neighborhoods Residential Zoning. Responding to community direction that any innovations be treated cautiously, the project team: A Followed the direction laid out by Plan Edmonton A Developed a framework for a new single Industrial District and Industrial Plan A Implemented existing regulations relative to mature districts A Reviewed best practices in other jurisdictions

• Throughout this process, each project and sub-project team undertook focused discussions with individual customer groups affected by specific changes for the proposed Bylaw.

During the month of June 2000, the Department reviewed the major proposals for changes with specific groups of stakeholders. This included: A A review of the 10 major ideas for change with a group of 15 invited stakeholders

representing community interests, small business, homebuilders and land developers.

A A review of the proposed sign regulations with the permanent sign industry, the

billboard industry and the portable sign industry.

A A review of the proposed parking regulations with a number of interest groups,

including the Building Operator and Maintenance Association (BOMA).

A A review of the proposed new industrial zone with 14 stakeholders representing

industrial developers, land developers and real estate agents. In addition two local consulting firms were retained to provide a critical analysis of the proposed regulations.

A A review of the Mature Neighborhood Overlay with homebuilders and community

representatives.

What We Learned

• In general, stakeholders were supportive of the changes that were being proposed.

• Possible problems with the ideas and/or proposed changes were identified, along with a number of cautions to guide further development of specific changes.

What We Did with What We Learned

* Stakeholder input strongly influenced the preparation of the Draft Bylaw.

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Step 4: Circulation of Draft Bylaw July 2000 - September 2000 What We Are Doing

• The Planning & Development Department is circulating the Draft Bylaw to: A Civic departments and agencies for technical input; A Surrounding Municipalities as called for in the Municipal Development Plan; A A broad list of Edmontonians who have registered an interest; and A Public facilities such as the public library.

• The Draft Bylaw will be placed on the City's web page and advertisements will direct any member of the public to the site.

• The Draft Bylaw will be placed in the public library for review by the public.

• An overview of the Draft Bylaw was presented to key client groups including the Edmonton Federation of Community Leagues, the Urban Development Institute, the Greater Edmonton Home Builders Association and the Edmonton Real Estate Board.

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Next Steps July 2000 - November 2000 1. Consult with Key Customer Groups

• Consult with key customer groups to ensure ample opportunity for them to review the complete draft and discuss it with the Department • Contact specific communities and interest groups that are directly impacted by the proposed changes. This includes the communities affected by the proposed changes to Statutory Plan Overlays and groups such as the sign industry.

• Find forums to deliver information about the annexed areas to property owners in these areas.

• Follow-up with groups and individuals with whom the Department has been in contact throughout this exercise, including those involved in the earlier focus group sessions.

2. Collect Feedback

• Key customer groups are encouraged to provide comments or make inquiries about the Draft Bylaw through three primary mechanisms:

A Email directly to the Planning & Development Department; A Email to the Planning & Development Department through the City web site; A Interactive telephone service; and A Contacting the Planning & Development Department by regular mail or telephoning directly.

3. Prepare and Distribute Proposed Bylaw

• The Planning & Development Department will follow-up on any comments from civic department, agencies and key customer groups and work through any technical issues.

• In late September and October 2000, the Planning & Development Department will complete revisions to the Draft Bylaw and will then publish and distribute the Proposed Bylaw.

• The revised Proposed Bylaw with an Executive Summary will be placed on the City's web page and in public facilities like libraries.

• A newsletter itemizing the changes that were made between the Draft Bylaw and Proposed Bylaw will be sent to the contact list that has been developed over the course of the project • Information about the Proposed Bylaw will be distributed to all local news media through interviews, information advertising and the official advertisement of the Proposed Bylaw as set out in the Municipal Government Act

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4. Public Hearing

• A Public Hearing as set out in the Municipal Government Act will be held in November 2000.

• There will be a formal advertisement of the date of the Public Hearing.

• The Public Hearing process is consistent with a Bylaw affecting property rights.

• It gives an opportunity for citizens to speak directly to Council before the Bylaw is debated.

• The Proposed Bylaw may be further amended at Council's direction at this point.

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The changes to the draft bylaw were all made keeping the original project principles in mind. These are: • To focus on updating rather than rewriting the Bylaw • To simplify language wherever possible • To clarify concepts that may be confusing to the users of the Bylaw • To remove duplication within the Bylaw • To develop regulations that meet the needs of our changing community Highlights of the proposed changes are as follows: References to other regulations have been significantly reduced. The new bylaw will focus on issues and regulations that are necessary and within Council's jurisdiction.

• References to Other Regulations.

• Classification of Permits. The

new bylaw proposes two classes of permits, compared to the current five classes. Activities where no permit is required are listed in the new bylaw See section 14 of the draft.

Submission requirements on technical issues, such as soil stability and wind studies, have been generalized. Specific requirements have been replaced with general references to professional standards. See section 16 of the draft.

• Submission Requirements on Technical Issues.

• Regulations.

Proposed changes to regulations include the following:

1.Parking regulations A Minor increases in requirements and shifts within uses

A New provisions for entrance requirements and aisle widths A See section 66 of the draft 2.Sign regulations

A Signs converted to land uses A Focus on the physical impact of the sign and remove any regulation related to the message A See section 79 of the draft 3.Landscaping provisions

A Terminology has been modernized by actual requirements have not changed significantly A See section 69 of the draft

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4. Height regulations

A Allowable building heights have not changed A Rules have become more transparent and rigorous, particularly as they affect grade A See sections 9 and 63 of the draft 5.Churches

A Proposes to double the parking requirement A Places size limits in residential neighbourhoods

6. Restaurants A Restaurants, bars and nightclubs would be divided into four classifications instead of two: (1) Specialty food items such as fast food or coffee shops (2) Restaurants that do no restrict minors at any time (3) Restaurants that restrict minors at some time during operating hours (4) Nightclubs with entertainment as a major component of the operation

See section 10 and the specific zones of the draft • Residential Zones. Basic regulation of current residential zones remains largely unchanged

with two major exceptions: (1) The current three districts will be blended into one district. Different lot sizes and development will be regulated through a single set of regulations.

(2) The current two zones used to regulate inner city infill housing will be blended into one flexible, semi-detached development zone with discretionary status. Significant design criteria will be provided to evaluate discretionary uses.

Residential zones begin at section 110 of the draft. • Commercial Zones. The mixed use zones of CMX and RMX are being removed and, where

they apply, are being replaced with a combination of Direct Control provisions and other conventional commercial zones. The remaining commercial zones have been updated to reflect changes such as the addition of restaurants and to be made more flexible and have additional use opportunities. Commercial zones begin at section 210 of the draft.

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These zones have been updated to reflect the policies in Plan Edmonton and the general purpose of facilitating agricultural development until Council indicates that the lands are appropriate for urban development.

These zones begin at section xx

• Institutional, Agricultural and Transition Zones.

• Industrial Zones. The five existing industrial zones have been updated and modernized but

with minimal change. The significant innovation in the industrial area is the development of a single new zone. This single zone would use a performance based approach to allow the consideration of such development aspects as economic development initiatives, servicing standards, risk and appearance. The Industrial Zones begin at section xx The current bylaw contains 12 general overlays and 10 overlays that are applied in conjunction with Area Redevelopment Plans. The new bylaw would replace the 10 specific overlays with a series of generic overlays. The Overlays begin at section 800.

• Overlays.

The present bylaw provide five separate mechanisms to employ Direct Control to individual sites. The new bylaw would reduce this to two. This new system would focus on providing unique development opportunities/ regulations thus assuring Council and surrounding property owners of the nature of the proposed development The Direct Control provisions begin at section 700.

• Direct Control.

The lands that were annexed to the City in 1980 have continued to be regulated by the Land Use Bylaws of the former counties. The new Zoning Bylaw will incorporate these into the new City of Edmonton Bylaw. A detailed presentation of the formula used to convert the annexed areas to City Zoning is presented as an attachment at the end of the draft Bylaw.

• Annexed Lands.

Better and more timely information will be available to development proponents and residents through a series of products on the City's web page. In addition to the text of the Zoning Bylaw (already available), people will be able to view the land use map and link to both property addresses and applicable text in the bylaw. Also available and linked by address will be maps and text of statutory plans such as Area Redevelopment Plans, Area Structure Plans and Neighbourhood Plans. Visit the web site at www.gov.edmonton.ab.ca

• Information Delivery.

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For more information or to comment on the Draft Land Use Bylaw: • Visit the City of Edmonton website at www.gov.edmonton.ab.ca

then click on City Departments Services then click on Planning and Development then click on Libraries Maps and Publications then click on EZI • E-mail the Planning and Development directly at Ezi@gov.edmonton.ab.ca • Phone the interactive telephone service at 496-6191 • Phone the Planning & Development Department at 496-3100

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