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PlanningAcademy Planning, Building and Living in Edmonton
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Getting a Grip on Land Use Planning PlannlngAcademy ^
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A 1.
Introduction to the PlannlngAcademy
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II.
Getting a Grip on Land Use Planning
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III.
What is Land Use Planning?
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IV.
How does Land Use Planning AffectYou?
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V.
How Do We Do Land Use Planning?
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VI. VII.
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INTRODUCTIONTOTHE PLANNINGACADEMY
What IS THE Planning Academy?
The Planning Academy isa seriesofcourses, developed bythe City of Edmonton, designed to provide participants with a better understanding of the planning and development process in Edmonton. Coursesincorporate "real life" activities to assist participants' understanding ofthe material covered. B.
C.
What arethe objectives of the Planning Academy?
•
To provide a service to the public
•
To promote good planning
•
To demonstrate that the Cityof Edmonton must consider many points of view in the planning and development process
•
To help participants become more effective in planning and development matters by building an understanding of planning
Howwill participants learn about planning?
The Cityof Edmonton is offering three core, and several optional courses through the Planning Academy. Completion of the three core courses and one elective entitles participants to a Certificate of Completion, which will be presented at a City Council meeting.
The first course Land Use Planning: The Big Picture will provide a basic overview of iand use planning.
The second course Gettinga Grip on LandUse Planningwill examine the "How" of land use planning in greater detail. The third course ComePlan With Us: Using your Voice wW specifically examine the role of the public in greater detail.
Elective courses provide overviews ofother planning disciplines, such astransportation planning, urban design, and infill. Participants will also examine specific toolsthat help facilitate the overall planning process, like conflict management.
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II. GETTING A GRIP ON LAND USEPLANNING
"Failing to plan is planning to fail." - Chinese Proverb
You will gain a basic knowledge of land use planning, the Alberta framework, Edmonton's specific planning system,and a description of the methods, processes and people who participate in planning in Edmonton.
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In this course you will learn about •
Alberta's legal framework for planning
•
where Edmonton gets its authority, rules and tools
•
the elements of Edmonton's planning system
•
the planning functions, operators and tools Edmonton uses
•
the methods and procedures Edmonton uses
•
the kinds of information planners consider
•
who the key participants are
•
participants' roles, rights, responsibilities and interests
You will develop the ability to •
identify the planning levels, processes and tools used to manage development applications
•
connect various planning levels, processes and tools to development in the City
•
see what factors and issues the City considers in making planning decisions at various stages in the planning process
•
appreciate the need to get involved earlyto increase your impact in planning matters The attached appendix and glossary contain additional resources.
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III. WHAT IS LAND USE PLANNING?
Land use planning is an activity that identifies problems or a desired physical development. Using certain tools or instruments (i.e. plans and land use zoning), it controls how land is developed and used to address the identified problems, orto achieve the desired development while meeting the needs of the greatest number of stakeholders.
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Did you know... During the preVlWI building boom, Edmonton's population of2,626 exploded, raising to almost 30timesthat number by 1914. Itwasduring this boom period that Edmonton developed the skyline which would existfor the next 40years. Cityc' Edn^ftt wi Si)st3 nabie Devciopmeni
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IV.
HOW DOES LAND USE PLANNING AFFECT YOU?
Land use planning impacts you on several levels, including:
• • •
at the city-wide level—location of new neighbourhoods and city shape (compact or sprawling) at the neighbourhood level—location of neighbourhood schools, gas bars, convenience stores and stormwater management lakes at the site level—position of lots, height, depth, building size and aesthetics
In short, land use planning affects your quality of life.
TheagSo's werea busy timeforcommunity planning. Between the fall of 1979 and the beginning of1990,79 new plans were developed and approved by City Council.
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HOW DOWE DO LAND USE PLANNING?
Land use planning requires the following elements. We built this document aroundthem. Table i. Elements of land Use Planning
The Alberta Framework
authonties-make decisions on planning proposals and applications
rules- provideguidance inthe activityof land use planning Th»Atb«rtaMunicipal Govemm«niActspecifiesthese tools-provide formaldirectionon land use elements.
Edmonton's Planning System
system-how to manage the activityof planning. It includes
Thissystem operates withinthe parameters of the Municipal
•
funarons
Govefnment Act,but hasevolved to be somewhat ur>ique fn
•
operators
•
tools (specificto Edmonton)
coiriparisor) to other Alberta municipalrties.
Making Planning Decisions TTKse eleinenU are univenai to landuse planningina tfemocracy.
tne^ods and procedures-provide structure and consistencyInthe processof planning infonnation- how to assess, analyze,design arvd evaluate planning problems and proposals
stakeholders- identifyproblems,and establish goals and objectivesof the preferred urban form.
Did you l<now... Edmonton's Q\4A area (9419km2)isCanada's largest metropolitan area, it is more than 3500 km2 largerthan Canada's second largest metropolitan area; Toronto (5903km2). Source: Statistics Canada
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VI. THE ALBERTA MUNICIPALGOVERNMENTACT
the source of the authority, rules and tools
The Municipal Government Act (MGA) in large part governs land use planning in Alberta. The MGA gives the Cityof Edmonton the authority and the responsibility to plan for land use v/ithin its boundaries. Partly, Section 617 of the MGA states: The purpose of this Part and the regulations and bylaws underthis Part is to provide means whereby plans and related matters may be prepared and adopted; a. to achieve the orderly, economical and beneficial development, use of land and patterns of human settlement
b. to maintain and improve the quality of the physical environment within which patterns of human settlement are situated in Alberta
EDMONTON'S PLANNING
HIERARCHY
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without infringing on the rights of individuals for any public interest except to the extent necessary for the overall greater public interest.
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To achieve and support this purpose, the MGA establishes three important elements of land use planning.
• '
Closure * '
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1. The authorities who make decisions on land use planning t
•
City Council
•
Subdivision Authority
•
Development Authority
•
Subdivision and Development Appeal Board
• Servicing, r Agreements
-DevelopmEnt' Permits
Permits Business
2. The rules that impact the activity of land use planning are grouped around procedures for
•
3
Council meetings, reviewing and deciding on bylaws
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public participation
preparation of statutory plans, zoning bylaws, subdivisions, road closures and development permits
appeals on decisions made by authorities 3. The tools or instruments (plans and regulations) control land use. The MGA establishes a number of instruments for this purpose; communities must apply some and may apply others. Municipalities also have the power through the authority of their Councilsto create custom planning instruments-as isthe case in Edmonton.
The MGA organizes the planning tools or instruments it establishes hierarchically into two groups;
1. Policy Planning •
Intermunicipal Development Plans • optional
•
Municipal Development Plans-required for municipalities with a population over 3,500
•
Area Structure Plans-optional
•
Area Redevelopment Plans - optional
2. Implementation Planning
•
Zoning control-required
•
Road Closure-used as required
•
Subdivision Control-required
•
Local Improvement Tax-optional
•
Development Control - required
•
Appeal Board - required
Did you know... m,
Edmonton averages 12 hours ofsunshinea day, more than any other major Canadian city. In the summerthere are almost 17hours of daylight a day Source: www.Fodors.com
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Direction provided at the highest levelof the hierarchy is general in nature and
becomes progressively more detailed in the lovi'er levels. The hierarchy is integrated, so planning done at any level must comply v^ith the direction provided by levels above it, and it gives direction to planning levels below. Figure i. Our Planning System Within Alberta n
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The Planning Functions
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The Alberta PLANNING FRAMEWORK
The authorities, rules and tools established underthe MGA create the basic framework and means to conduct land use planning in Alberta. This framework allows the Council and administration of every municipality to create a local planning system to suit its needs.
In towns and smaller cities, the local planning system may be basic and they may contract out part of its operation. In larger cities, the local planning system may be complex and require a large administration to operate. Edmonton's planning system is different from other cities and uses a number of unique planning tools and procedures. Council, the public and planners within the administration have gradually shaped Edmonton's planning system into a unique system.
Did you l<now... Between 2000and 2005, Council considered 1579bylawsand resolutions.734ofthe bylawswerefor rezonings. CrtyQf Edr^r.'.on
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VII. EDMONTON'S PLANNING SYSTEM
The Edmonton planning system is described here on the basis of three components: a. Functions: activities the planning system incorporates and manages 2. Operators: people who perform specific activities in the system - some have official authority to make land use planning decisions 3. Tools : some are specified in the Municipal Government Act and some are unique to Edmonton
A. The functions of the Edmonton planning system
Operating within the Alberta planning framework, the four main functions of Edmonton's planning system are: 1. Information gathering, sharing and evaluating involves a variety of stakeholders from outside and inside the planning system constantly collecting, communicating and evaluating information. Vital to the success of all other functions within the planning system, sharing accurate information helps to: •
perceive trends
•
understand diverse interests
•
detect problems
•
evaluate the system's operation
2. Long-range policy planning has two main components:
•
the formulation, adoption and review of various policies, as well as long and mid-term plans that affect land development
•
the ongoing, long-term work by the civic administration that maintains and improves its development management system including review and monitoring of Edmonton's Municipal Development Plan, The Way We Grow, and the Edmonton Zoning Bylaw.
Did you know... Between 2000 and 2005, the Subdivision Authority and Senior Subdivision Officer approved 1253 subdivisions for iands in Edmonton. Between 1995 and 1999, they approved 732 subdivisions.
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3. Problem solving has two main aspects:
• •
1^
resolving problems that arise in the operation of the planning system (e.g. text amendments to the Zoning Bylaw). addressing outside proposals to change the development management system.
Problem solving tends to be reactive in nature and addresses issues advance planning did not anticipate.
4.
B.
Development approvals includes the bulk of the day-to-day work required to •
administer policies
•
review, evaluate and negotiate planning applications, including plan amendments and changes to the zoning bylaw
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decide on subdivisions, development and building permits
•
generate servicing agreements
•
apply and enforce regulations
•
manage capital budgets
Operators ofthe Edmonton Planning System
The operators ofthe Edmonton planningsystem include City Council
the Subdivision Authority the Development Officer
the Subdivision and Development Appeal Board The Civic Administration
City Council
City Council has a special role to playvis-a-vis the planning system in that it has input to the planning system without being involved in its day-to-day operation. Council and its committees meet several times a month to consider reports and decide on bylaws concerning planning and development matters. Council periodically provides direction forchanges in the planning system. I*
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Responsibilities
• •
to consider and promote the welfare of the community to assist in developing and evaluating the policies and programs of the municipality
Powers
•
to pass bylav^s that;
•
establish plans and regulations affecting the use of land in Edmonton
•
close roads that are surplus to the requirement to provide access and circulation
•
apply development leviesto ensure development is properly serviced
CityCouncil decides on planning bylaws at Public Hearing Meetings. These meetings provide the public an opportunity to speak in support of, or in opposition to, planning applications and bylaws.
Subdivision Authority
CityCouncil has delegated its powers as Subdivision Authority to several senior managers in Administration. The Subdivision Authority meets once a week to decide on proposed subdivisions.The Senior SubdivisionOfficer issues decisions on subdivisions of a minor nature on a daily basis. Responsibilities
•
to ensure that any land to be subdivided is suitable for its intended use
•
to ensure the proposed subdivision complies with the provisions of any bylaws (including plans and regulations) that may applyto the affected lands Powers
•
in approving applications, to apply conditions necessary to ensure the subdivision complieswith any bylaws that may applyto the affected lands and that the affected lands are suited to their intended use
•
to refuse proposed subdivisions that do not complywith all applicable bylaws and that affect lands unsuited to their intended use
• to require the ownerof the land to be subdivided to construct any infrastructure required to properlyservice the affected lands • to acquire, withoutcompensation, any land necessary for roadway and utility purposes
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to acquire, without compensation, any land deemed to be Environmental Reserve {lands subject to flooding and/or instability) to acquire, without compensation, upto lo percent of the lands being subdivided as Municipal Reserve to accomodate school and park purposes
Development Officer
City Council has delegated its authority as DevelopmentOfficer to staff in Administration. Development Officers review and make decisions on development permits ranging from the construction of a wooden deck, to the development of a 20-st0ry downtown apartment building. Responsibilities •
to review all development permit applications for compliance with the regulations of the Edmonton Zoning Bylaw
•
to notify nearby landowners of decisions on development permits that may be subject to appeal
Powers
•
in approving an application, to apply conditions (i.e. changes) necessary to make the development comply with the regulations of the Zoning Bylaw
•
in approving an application, to grant variances to the regulations of the Zoning Bylaw where the variance would not unduly impact the use and enjoyment of surrounding development
•
to refuse an application and provide reasons for the refusal
Subdivision and Development Appeal Board (SDAB)
This isa group of Edmonton citizens appointed by City Council to decide on appeals of decisions made by the Subdivision Authorityand Development Officers. The SDAB meets once a week to hear appeals. Responsibilities
• •
determine that it (SDAB) has the authority to hear the appeal hear presentations for and against appeals
Did you know... There are overyo goif courses in Metro Edmonton including Victoria Golf Course, the oldestMunicipal Golf Course in Canada (1907). Cely of E^onton Si/SCdindblp Developmertt
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•
Refuse the appeal based on cited reasons
•
Uphold the appeal based on cited reasons
People must file an appeal within 14days of a decision, and a hearing of the appeal must occur within 30 days of receipt of the notice of the appeal. IfSDAB approves a development, the written record of the Board's decision acts as a development permit. The Court of Appeal hears appeals of SDAB decisions on the basis of a point of law or an error in procedure.
The Civic Administration
is comprised of several departments which each have some role to play in the Edmonton planning system. Sustainable Development has the primary responsibility to administer the planning system and has staff dedicated to performing as the SubdivisionAuthority and as Development Officers. Planners and engineers are actively engaged on a daily basis in reviewing and making recommendations on various planning applications. Responsibilities
•
evaluate and negotiate with affected stakeholders on various development proposals in accordance with best practices and prescribed procedures
•
make recommendations to City Council on the adoption and amendment of policies, plans, zonings, and road closures
•
make recommendations to the Subdivision Authority on proposed subdivisions
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Tools ofthe Edmonton Planning System
Edmonton's planningsystem uses tools to control land use.The Municipal Government Act specifically notes some of these tools. The civic administration devised other instruments v/ithin the parameters ofthe MGAforuse in Edmonton. The tools fit into three categories.
*
Type ofTool
Planning Tool Examples
•
Transit Oriented DevelopmentGuidellnes-to guide development applications within 400 m of LRT Stations and promote compact, walkable, mixed-use design
•
Residential Infill Guidelines -to guide the development of new housing in established neighbours by addressing the appropriate location, scale, and urban design of new housing projects
•
Low Impact Development Design Guide -to provide general and technical guidance on best management practices that use natural processes to manage water quality and quantity
•
Oil and Gas Facilities Policy-to manage the co-existence of oil and gas facilities and urban development
•
Municipal Development Plan
•
Area Structure Plans and Servicing Concept Design
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Policies and Guidelines
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Statutory and nonstatutory plans
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Implementation m
Briefs
•
Neighbourhood Area Structure and Area Redevelopment Plans
•
Land use studies
•
Zoning control, subdivision and development control
Formore detailed information about the planning tools used in Edmonton, visitthe City of Edmonton v\/ebsite at www.edmonton.ca, and explore the pages on Plans, Zoning, and Subdivisions.
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Strategic Plans are
high level goats and objectives to guide physical, economic, social growth and development of entire
High level outline of how an area/group of neighbourhoods will develop. Locale major facilities, arterial roads and
city.
land uses by general
Planning Policyand Guidelines provide
category.
detailed direction
Detail size, Zoning establishes configuration, location development rights offuture land use for a parcel or area and densities, roads, of land including municipal services, permitted land uses, building heights, and staging fora forms, densities, site neighbourhood. Policies guide layout, landscape and planning and design parking. Must be consitent of buildings,streets, parks, community with Municipal Development Plan facilities, transit
about hov^f specific strategic goals and objectives will be
service and other
policies.
achieved.
infrastnjcture as
Subdivision divides
May apply to all or specific areas of the
neighbourhoods
land into smaller
develop.
parcels. Guided by zoning,
city.
Allow construction
and operation of new homes, buildings, parks and facilities according to the Edmonton Zoning Bylawand Alberta BuildingCode.
policiesof NSP's and City engineering standards.
Sets pattern of development by determining location, size, shape of lots and roads.
Servicing /Agreements
identify municipal improvements
(sewers, water, roads
etc.) to be built by the developer and responsibilities for them once complete.
Figure 2. Toolsof the Edmonton Planning System
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Municipal Development Plan (MDP) City Council adopted Edmonton's most recent Municipal Development Plan, The Way WeGrow, in May of 2010. The WayWe Growisthe highest statutory plan in Edmonton's hierarchy of plans and it
• • •
guides the physical, economic, social growth and development of Edmonton for 10 years establishes policy and provides direction forthe implementation of detailed plans and programs establishes strategies City Council considers vital to support Edmonton's quality of life
EDMONTON'S PUNNING HIERARCHY
Municipal Government Act
MDP
ASP NSP
The MDP provides direction for policy development, lower level plans, the Edmonton Zoning Bylaw and the Subdivision Authority.
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identifies broad development and servicing concepts for an
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area of land at least 2 km'
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Area Structure Plan (ASP)
•
•
Closure
may be applied to suburban residential, industrial or commercial areas
•
•
for residential areas, they may accommodate up to 50,000 residents and typically contain three or more neighbourhoods
specifiesthe general location of land uses by category including residential, commercial, institutional, public utilities, open space and industrial • is a statutory plan adopted and amended by bylaw ASPs provide direction to lower level planning tools (e.g. Neighbourhood Structure Plans, the Edmonton Zoning Bylaw).
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Servicing Concept Design Briefs (SCDB)
SCDBs are similar in function to, and at approximately the same level in Edmonton's planning hierarchy, an ASP. Unlike ASPs, SCDBs are •
usually prepared by the City of Edmonton
•
non-statutory plans and adopted and amended by Council resolution
•
more flexible and adaptablethan ASPs to varying circumstances, including market trends
•
SCDBs provide directionto lower level planning tools (e.g. NeighbourhoodArea Structure Plans, the Edmonton Zoning Bylaw)
•
Focus on the servicing requirements of an area EDMONTON'S PLANNING HIERARCHY
Neighbourhood Area Structure Plans (NASP) NASPs are similar in function to an ASP or an NSP.They are a type of hybrid of the two. NASPs are linked upward to SCDBs and Outline Plans. Unlike NSPs, NASPs may apply to more than what istypically the size ofJust one neighbourhood unit.
Municipal GovernmentAd MDP
NASPs provide direction to lower level planning tools and operators (e.g. the Edmonton Zoning Bylaw, the Subdivision Authority).
ASP
'
NSP
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Neighbourhood Structure Plans (NSP)
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An NSP forms partof an ASP and identifies a land use and servicing concept for a single neighbourhood unit in greater detail than what an ASP provides.
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An NSP specifies
•
I
the size, configuration and location of future land uses and major roadways
•
essential municipal services provision and staging
•
an estimate of the future number and types of dwellings and the number of people expected to live in the neighbourhood
Road Closure
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Servicing , Agreements.. •
•
development
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NSPs provide direction to lower level planning tools and operators (e.g. the Edmonton Zoning Bylaw, the Subdivision Authority).
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Area Redevelopment Plans (ARP) EDMONTON'S PUNNING HIERARCHY
ARPs are statutory plans and generally applyto neighbourhood units located in developed and mature portions of the city.ARPs provide direction on
•
,
how to preserve, rehabilitate, remove or replace existing development
•
how to accommodated new development
•
how and where to provide infrastructure to service existing and new development
•
how to apply a redevelopment to finance infrastructure improvements.
Municipal ^
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ASP !
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NSP _
• ARP
ARPs provide direction on zoning and development control.
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Other Plans: Outline Plans (OP), Community Plans (CP),
• Zoning _ *
and Land Use Studies (LUS)
Road — Closurr-
These plans and studies are non-statutory and approved by City Council by resolution. They address land use issues and provide direction for land use in areas that range from a single city block to a major commercial corridor, to a group of communities and/or large industrial
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areas.
• Servicing
'
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Outline Plans (OP) are forerunners to Area Structure Plans. The City adopted mostOPs in place today 30 to 35 years ago, When appropriate, other types of plans are gradually replacing OPs. Community Plans (CP) generally apply to a single neighbourhood or a group of neighbourhoods located in a mature portion of the city.The format and content may vary, but CPs mainly translate the resident's vision for the area into direction to manage redevelopment. Land Use Studies (LUS) provide direction for addressing specific issues
Pevelopfnent: Permits
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Permits
corridor studies
•
site specific master plans
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Zoning Control The Edmonton Zoning Bylaw controls the use and
developmentof all land in the City of Edmonton. In so doing the Zoning Bylaw:
• •
applies one of over 60 different"zones" to every parcel of land in the city as shown on a Zoning map includes a map showing the zones as they apply to
EDMONTON'S PLANNING HIERARCHY
Municipal ^ (jovernmentAct
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every part of the city
•
specifies different permitted and discretionary use opportunities and development regulations for each of
•
ASP--
;
c
.
the different zones
•
specifies certain procedures in applying the requirements and regulations of the Zoning Bylaw Zoning control is an essential link between policiesand plans, and subdivision and development control.
To determine the zoning for any property in the Cityof Edmonton, visit http://maps.edmonton.ca. You can find a property several ways including by its address, legal description or intersection. Have fun exploring the site and seeing all it can do.
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s Zoning • Road * Closure 'Subdivision '
• Secvidng : Road Closures
•
may occur when the affected portion of road is no longer required as part of Edmonton's road network
•
allow roads to be retired and used for other purposes
•
must be approved by CityCouncil by bylaw
•
legally close roads, but do not physically close roads
•
once legally closed, the affected road can be sold and is usually consolidated with adjacent properties when it is physically closed
Agreements
Pevelop'ments Permits
• Building Permits : Business
Licences V.».
have legaleffect for approximately one year ifnot physically closed
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Subdivision Control and Servicing Agreements Subdivisions:
EDMONTON'S PLANNING HIERARCHY
•
divide an area of land Into two or more parcels to create separate titles for each of the new parcels
•
set the pattern of development by determining the location, size and configuration of individual lots and roadways
•
ensure all newly created lots have legal access and are appropriately serviced
Municipal^ •;,liovemmentAct
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X—'.
• may be approved with or without conditions, or be refused Typical conditions of subdivision approval include •
the provision of lands for parks, roadways and public utilities, and the provision of legal and physical access
•
the requirement for the landowner to enter into a Servicing
ul-J^odUse -1
Agreement
A Servicing Agreement obligates the owner to provide all
Road
infrastructure (e.g. roads, sidewalks, street lighting, sewers, water
*
mains, gas, telephone, cable) necessary to service the subdivision to the City of Edmonton's Design and Construction Standards.
>Subdivision
The City must issue decisions on proposed subdivisions within 60 days, or the applicant may deem the application refused and pursue an appeal. However, extensions to the 60-day time limit are common with the agreement of the applicant. Often this is because the subdivision application has links to other applications requiring prior approval by City Council or because information required to evaluate the subdivision isoutstanding.
Closure'
I
• Sen/icing: Agreements .•Development Permits
'
•
Building Permits |, '• Business Licences I J
Development Permits
V >•
A development permit is a record of the City's permission to complete a range of development activities or to operate a particular land use. The development activity may be to demolish or construct a structure. The operation of a use may include anything from a gas barto a group home to a golf course.
The Development Officer must issue a decision regarding a development permitwithin
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40 days, orthe applicant may deem the application refused and pursue an appeal. Development Officers must approve applications for permitted uses that conform in all respects to the Zoning Bylaw. Approval for applications for discretionary uses may be with or without conditions, or the Development Officer may refuse it. An applicant has the right to appeal the decision of the Development Officer either as a refusal, or as an approval with conditions. The public can appeal any decision by a Development Officer, but appeals occur most often in cases where the Development Officer has granted a variance to a regulation. The Development Officer may not vary the land use, height, floor area ratio or density prescribed in the zoning bylaw.
EDMONTON'S
PLANNING HIERARCHY
Municipal , (jovemment Art
• - MDP
•
-ASP.-
I I
, -"'NSP.
' I
••
_ARE.
>
. LaodUse ' .
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Building Permits
A building permit is a record of the City's permission to proceed with development in accordance with approved construction drawings and on the basis of conformitywith the Alberta Building Code. The City issues building permits after or with development permits.
. .Road. -. ' Closure
t Subdivision *
• Servicing : Agreements
Local Improvement Bylaws •
are approved by Council
• finance improvements (often new roads, sidewalks, underground power, etc.) for a specified "local" area •
• •
2^
recover the costs of the improvements as a separate tax assessed to each affected property in the "local" area over a period of 10 to 25 years
Development Permits
=Building Permits 'Business Licences
v »•
-
are a means for small landowners to amortize the cost of servicing upgrades in a manageable fashion are sometimes used in areas experiencing redevelopment and requiring upgraded municipal services
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VIII. MAKING PLANNING DECISIONS
The following three elements are universal inputs to land use planning in a democracy: methods and procedures, information, and stakeholders. A.
Methods and procedures of land use planning
Following a prescribed procedure makesthe land use planning process consistent and accountable.
General Review Process for Planning Proposals Steps in decision making include: 1.
2.
3-
Research / Survey and identify problems to solve, needs to meet, opportunities to seize and owner/community goals to achieve. Analyze and evaluate the information gathered and consider alternative approaches, and predict the consequences and effectiveness of each approach in addressing problems and meeting the needs and goals identified in the research phase. Design - after selecting the best approach from those identified in the analysis phase, develop a course of action including plans, policies, programs, schedules and regulations.
4. Act/Apply - implement the plans, programs, schedules and regulations prepared in the design phase. 5. Review / Revise the effectiveness of the design and its implementation and revise one or both as necessary. Included in the process are feedback loops to one or more preceding steps to redefine goals and objectives and/orto refine observations, conclusions and recommendations. Each step involves input of various stakeholders, including the public at large.
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FACTOR
INFORMATION TO ASSESS
Existingptanning in placerorthe
V/hatdirectiondo applicable policies, plansand zoningsprovidefor the site?
affected lands Where is the site?
Location
How large is the site? What is the configuration of the site? Whatwerethe circumstances for the current plans and zoning to be put in place for the site?
History of previous planning
Were there previous proposals ofa similar nature for the site? What happened to these proposals? Why? What has changed to influencethe appropriateness of the proposal? What development currently exists on the site?
Existing Development
Howwill the proposal affect existing development?
Arethere any historically significant structures or significant natural areas on the site? Should they be protected? How? Isthe site suited to the proposed use?
Previous use of
What activities took place on the site inthe past? Were they associated with
property (history)
hazardous materials?
Isthere evidence to suggest the site may be geologicallyunstable? Who owns the site?
Ovk^nership What is the owner's motivation for the proposal?
How much development is proposed? Facilities
What will the development look like? What arethe facilities surrounding the site?Whatisthe capacity ofthe surrounding roads and other municipal infrastructure? What are the proposed land uses? What is the density of development?
Functions
Can the land uses operate properly given theexisting orproposed facility? Is access appropriate? Can itbe properly serviced? What activities willthe land uses generate? Activities
How much vehicle traffic willthe proposal generate?
Whatimpacts will those activities have onthe siteandthe surrounding properties? Is the proposalcompatible with thevarious values ofplanning (efficiency, convenience, equity, etc.)? Values
Isthe proposed developmentsustainable?
Surrounding properties
How might the surrounding properties, owners and residents be affected or impacted by the proposal? What do other stakeholders think about the proposal?
Stakeholders
What stakeholder issues, concerns, observations need to be investigated?
26
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Possible feedback loops to fine tune assumptions and decisions
~
r Community
t
,
[expresses need ^ to Improve community or
eveloper seeks to develop land
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Research:
Analyze
problem or
conditions and make
desired
evelopmentt
Design Itematives address
ems/qoali
and/or articulate
ACT
Choose best
alternative,
to
predictions
r
develop program to
Implement
plan
goals
relative
â&#x20AC;˘.
problems/goats are
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Figure 3. The Planning Process
Technical review process for planning proposals Once a developer submits a planning proposal as a formal applicatlon(s), city planners process it following an established procedure. The Municipal Government Act determines some of this procedure and Edmonton's Planning System sets out the rest of the procedure.
The main steps to process applications adopting or affecting plans, land use zoning, road closures and some subdivisions are; 1.
2.
3-
4.
A developer submits an application to the city.A city planner accepts it if it is complete. Notice is sent to community leagues, business revitalization zones (BRZs), and property owners within a minimum of 60 metres of the lands affected by the application. The planner can expand the notice area, and may sometimes include adjacent municipalities. The planner circulates the application to other affected civic departments and private and public agencies for review and comment. The application must conform to applicable legislation, policies and plans. The planner coordinates the comments received and reviews them with the applicant.
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5-
6.
The city might host a public meeting to provide an application update and gatherfeedback.
The planner informs the applicant whether ornot the administration supports the application. The applicant then can: •
Request the application be forwarded to CityCouncil with or without the support of the community and/or the administration
•
Amend the application to gain the support ofthe community and/or the administration, then request the application be forwarded to City Council
• 7-
8.
9-
Abandon the application
Ifthe applicant wishesto proceed, the planner schedules a Public Hearing. The city provides the Public Hearing Notice by mail to community leagues, BRZs, and surrounding property owners and through two newspaper ads. At the Public Hearing, Council hears presentations from the administration, the applicant and the community. Council can •
approve the application as is
•
amend the application and then approve it
• •
refer the application backto the administration for further information and/or changes, and reschedule the applicationfor further consideration amend the application and then refuse it
•
refuse the application as is
Appealscan only be based on procedural issues and go to the Court of Appeals and the MGB.
10. IfCouncil refuses the application, the applicant may not resubmit it for the next 12 months.
Edmonton'sCensusMetropolitan Area had the fourth highest growth rate in Canada (ofthe 27Canadian CMA's) from 1996-2001 at 8.7% Cityof EdmontonSustafnabte Devetopnwnl
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Planning Process Chart Land Development Application submitted, reviewed, and accepted
Notice sent to Property Owners
Technical Review by City Departments and external agencies
'^
I Application revised and issues addressed
'
Public Meeting may be field Additional reports/studies may be required Repeat technical review may be necessary
^
Application revised and issues addressed
Application finalized
Council Report and Bylaws prepared
Public Hearing Notice sent to Property Owners
Public Hearing advertised in newspapers
Public Hearing
Council Decision
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Information
Various kinds of infonmation are essential to Edmonton's land use planning system: Components of land use The three main components of land use are the physicalfacilities that occupy land, the activities people undertake, and the functions of the land.
•
Fac/7/t/es are the alterations, improvements and structures placed on land, like houses, stores, factories, roads, sidev/alks, light poles and hockey rinks.
•
Actmt/es are the actions and pursuits people engage in including people living in houses, goods being delivered to a store, and kids skating at an arena. Some activities occur during the daytime and others at night, and some may generate noise, dust, vibration or other impacts. Functionsare the basic uses of land, such as housing, retailing, education, farming, and manufacturing. Some functions occurin a facility v^rhile others
•
occur outside of a facility.
FAau
Fonctiow
Aoiv/ry
Relationships between components of land use Understanding the relationship betw/een components of land use ailov\/s planners to •
determine the facilities needed to accommodate a range of activities to perform a specific function
•
to predict w/here negative impacts may occur and to either avoid, or minimize these impacts through land use planning guiding vision for the overall development of Edmonton.
Land use components can have different relationships at the same site. An elementary school (facility housing a function) requires an off-street parking lot (facility). While the parking lot accommodates teacher and visitor parking in the daytime, it can also
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accommodate skateboarding by kids during the evening and overflow parking for a nearby church. Relationships between land use components can also change overtime. A facility originally constructed to accommodate a store can later function as an artist's studio, a veterinary clinic or even a residerice. Changes in use bring changes in activities. A residence will generate fewer vehicle trips (activities) than a store. On the other hand, the residence may generate activities by children that a store does not. Land use components separated from one another can have relationships with, and depend on, each other. Households must purchase food, and this frequent and compulsory activity will generate the development of food stores. Due to the frequency of this activity, the distance between households and food stores will likely be relatively short. Forthe distance between households and food stores to be fairly short, food stores must generally be developed in large numbers and distributed fairly widely. It isthe task of planning to examine and analyze these relationships in order to properly predict the impact of developing facilities and placing functions in particular locations.
Land use at different scales
Examining and classifying land use at different scales—city-wide, area, and siteallows planners to focus on certain components of land use and to develop techniques to control these components.
At the city-wide level, the description of land use tends to be broad and focuses on major functional areas, like •
downtown
•
business and employment areas
•
mature areas
•
suburban areas
•
transportation and utility corridors
•
agricultural areas
•
environmental restricted areas
•
the river valley and ravine system
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At the city-wide scale, the planner's focus is on balancing the major functional groupings. At this level, the Municipal Development Plan provides planning direction at a very coarse grained scale and through broad policystatements. At the area and neighbourhood scale, direction on land use is more specific as the focus turns to subcategories of the functional areas described at the city-wide level. These subcategories include residential commercial industrial
institutional
public utility open space areas reserve areas
At this scale, the planner's focus is on where the residential, commercial and institutional areas will be in relation to each other, and the pattern of activities between these areas. Land use control at this level comes in the form of area plans, which specify the relative location of residential, commercial, institutional, public utility uses and major roads. The site levelfocuses on individual lots and the facilities, activities and functions associated with those properties. In the case of a site being redeveloped, questions arise around:
•
how big will the building be?
•
what will it look like?
•
what amount of traffic will it generate?
•
what kind of use will it contain?
As an instrument of land use control, the Edmonton Zoning Bylawfocuses on this level as each parcel in the city is assigned a list of allowable uses (functions), a specific building envelope (the maximum bulkof a facility) and other requirements to accommodate other functions and activities likevehicle parking.
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Examining land use at different scales and using planning controls specific to each scale reinforces the hierarchical nature of land use and planning. Fact:
The majorfunctional land usesinCanadian cities are typically distributed in the proportions shown below: Urban Functions
Percentage ofTotal Area
Residential Commercial
51.2 2.4.
Industrial
8.2
Institutional Utilities
7.8 4.3
Recreation/Open Space Streets Total
5.5 20.6 100.0
Quantitative data
Most of the time, planners work with quantitative data, this is data planners can measure and calculate. Amount - Planners want to know "how much" and ask how much land?
how many dwelling units?
how many vehicles? how much commercial space? how much will it cost?
how much commercial space? how much will it cost?
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Density - indicates relative dispersion and congestion in a given area. Planners ask "how does this compare?" and are concerned about •
persons/hectare
•
persons/dw^elling unit
•
students/dv\/elling
•
dv/elling units/hectare
•
auto trips/dwelling
Spatial Distribution-examines the extent of dispersion or concentration of certain facilities, activities and functions. Planners ask •
does this neighbourhood have enough parkland?
•
is there too much commercial development in this area?
•
Location - Planners look at the relative location of facilities and functions and the distances between
•
houses and schools
•
houses and stores
•
rail facilities and manufacturing facilities
An early step in land use planning is determining which facilities, activities and functions need to be linked and how close to one another they need to be.
Building Bulk - refers to the overall size of a building. Planners measure bulk in two ways: •
site coverage (percentage of total site area)
•
floor area ratio (ratio between the area of
the building and the area of the site) Bulk can be controlled in a number of ways. Ten thousand square metres of
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floorspacecan be
• • •
in a single building on one floor with 10,000 m^; in a single building on two floors with 5,000 each; in a single building on fourfloors with 2500 m' each; or
•
in more than one building with one or more floors each, and so on.
The amount of land required on any site for landscaping, vehicle parking and recreation impacts building bulk, as do any restrictions on the building's maximum height.
Other quantitative types of data Traffic Impact Assessments (TlAs) predict the amount and flow of traffic generated by land uses in a specific area and recommend the roads required to accommodate local and through traffic. TlAs are required for a variety of planning proposals including large scale commercial developments and new neighbourhoods. Geotechnical Studies examine the subsurface ability of land to support structures, roads and activities. Geotechnical studies are required for lands which may be unstable (e.g. lands along the river valley). The studies determine the degree of stability or instability and recommend what uses and activities the land can support and the measures necessary to minimize future instability. Environmental Site Assessments (ESAs) examine levels of hazardous materials
contamination on a property and recommend appropriate land uses and measures to mitigate the risk associated with the contamination.
Natural Area Assessments (NAAs) examine the value (as a plant and animal habitat) and sustainability of a natural area and recommend the possibility of keeping it. Ifthe assessment recommends retention, additional studies will identify measures to ensure the site sustainability and incorporation with surrounding development.
Qualitative data
Qualitative information is much harderto measure and easierto dispute. It involves distinctions or comparisons based on subjective qualities. These qualities are observable but generally not measurable. Qualitative research is well-suited to studying subjective qualities that can influence overall quality of life.
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Various stakeholders involved in planning are motivated or influenced by qualitative information and perceptions.The next section discussesthis reality under socialand environmental determinants.
C. Stakeholders
Stakeholders drive the land use planning process, and through their input often make the process complex. Stakeholders
•
have their ow/n interests they w/ish to address through the land use planning process
•
have motivation from different perceptions, factors and needs
•
establish goals, identify problems to be addressed or problems to be avoided in the land use planning process
•
express their preferences or prejudices for certain designs, solutions and actions
•
can be silent or vocal in advocating for or against a designs, solutions and actions
•
sometimes challenge other stakeholders with regard to their interests, the information they supply or their conduct
•
have different knov^ledge and resources for the process
•
can enter and exit the process at almost anytime
The groups who interact with the formal planning system most frequently include •
the public - who identifies problems and aspirations related to land use planning
•
• •
special interest groups - who identify problems and aspirations with respect to a particular aspect of land use planning (e.g. environmental protection) developers-who seek to develop or redevelop land and who are often the source of change and new development in a community private planningand engineering consultants-who often represent the interests of developers
•
City Council-who makes formal decisions on land use proposals, but who also want certain outcomes from land use planning
Did you know... Edmonton is the 408th largest metropolitan area in the world according toTh. Brinkhoff:The Principal Agglo merations of the V/orld, http://www.dtypopulation.de, 2004-05-22
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City Planners-who seek the best planning solution to address problems and attain goals, but who also seekto create and maintain a balance of interests among the stakeholders involved
Three broad categories or land use determinants influence and motivate stakeholders. These are economic, social and environmental.
Economic determinants are those market forces that are both external and internal to
the community and include: interest rates on borrowing money the state of the regional economy decisions about local expansion or contraction made in corporate headquarters located elsewhere in the country costs of building materials and infrastructure the local supply of, and demand for, land
costs of services and maintaining infrastructure
Did you know...
The stakeholders most frequently linked to economic determinants are: •
City Council
•
developers
•
taxpayers
•
builders
•
realtors
•
bankers
•
the consumer of land and/or structures
Answer:
Economic stakeholders are sometimes accused of being too profit motivated at the expense of social and environmental determinants.
Social determinants are closelytied to the preferences and prejudices people have fora particular urban form. These determinants are often concerned with "quality of life" issues and will cause peopleto advocatefor, protect against, or oppose certain development forms including:
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•
conformity in a residential area on the basis of dwelling type and size, socio economic standing, or ethnic or cultural background
•
separation of "non-compatible" facilities, activities and functions
•
separation or Integration of different socio-economic, ethnic or cultural groups
•
the appearance and functioning of development
The stakeholders most frequently linkedto social determinants are •
members of the "public"at large
•
special interest groups that may form on an ad hoc or permanent basis to address a specific development proposal or a specific development issue
Stakeholders linked to social determinants sometimes oppose stakeholders representing economic determinants and environmental determinants.
Environmental determinants (sometimes thought of as Public Interest) are closely allied to the "values" of land use planning. Examples of the public interest include: to control sprawl and promote sustainability (efficiency) to prevent development on lands that are contaminated, unstable, or subject to flooding (public health and safety)
to ensure a range and mix of dwelling unit types in a given area (equity) to prevent crime through environmentaldesign (public health and safety) to ensure development is properly serviced (public health and safety) to conserve agricultural land until it is needed for urban development (conservation of resources)
to preserve natural areas as placesof refuge for wildlife and humans (environment)
to ensure proper legalaccess to individual properties (political and economic order)
to ensure appropriate open spaces and parks (beauty)
The stakeholders most frequently linked to environmental determinants are
^8
•
the City Planner
•
other professionals representing interests elsewhere within the civic
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administration and other levels of government
•
members ofthe "public" at large
• special interest groups(on the matter of selected public interest values environment, conservation of resources)
•
CityCouncil
Public interest
"Good plans shape good decisions.That's why good planning helps to make elusive dreams come true."
-Anonymous.
The public interest describes w/hat people think is good. Good is determined by place and time; it reflects cultural and personal values. In other words, what one generation or city defines as the "common good" may not be the same for Edmonton or subsequent generations. In North America, overtime the common good evolved. In the 1950s, the common good was grovrth and progress. We can see this fact in the development of new neighbourhoods and the demolition of blighted neighbourhoods. From the 60s to the 80s, the common good was involving as many people in the decision-making process as possible. Since the 1990s, the common good has been sustainability. For example, economic, social and environmental determinants promote sustainable development that embraces the long-term interests. Where the three determinant groupings overlap is where the public interest resides. Planning involves choices about the use of land, money and facilities. Consensus is not always possible, The outcomes are not always win-win; however, planning attempts to achieve that end.
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IX. REFERENCES AND SUGGESTED READING
This manual was prepared by the staff of the Cityof Edmonton who relied, in part, on the academic writings of •
Gerald Hodge, "Planning Canadian Communities", Methuen, 1986;
•
Edward J. Kaiser, David R. Godschalk, and F. Stuart Chapin, Jr., "Urban Land Use Planning", Universityof Illinois Press, 1995; and
•
Hok-Lin Leung, "Land Use Planning Made Plain", Ronald P. Frye and Co., 1999.
Participants who wish to further study land use planning are encouraged to obtain Gerald Hodge's "Canadian Planning Communities" for a comprehensive and readable overview of land use planning in Canada.
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APPENDICES
APPENDIXA: EDMONTON'S LAND USE ZONES
Residential Zones
(RFi)-Single Detached Residential Zone -The purpose of this Zone is to provide primarily for Single Detached Housing, with a limited opportunity for Secondary Suites under certain conditions.
(RSL) - Residential Small Lot Zone -The purpose of this Zone is to provide for smaller lot Single Detached Housing with attached Garages in a suburban setting that providesthe opportunity for the more efficient utilization of undeveloped suburban areas and includes the opportunity for Secondary Suites.
(RF2)- Low Density Infill Zone -The purpose of the Zone isto retain Single Detached Housing, while allowing sensitive infill at a slightly higher density, including Secondary Suites under certain conditions. (RPL)-Planned Lot Residential Zone -The purpose of this Zone is to provide for small lot Single Detached Housing that provides the opportunity forthe more efficient utilization of suburban areas, while maintaining the privacy and independence afforded by Single Detached Housing forms; and also, a Zone that provides greater flexibility for infill development and the opportunity for Secondary Suites.
(RF3)- Low Density Development Zone -The purpose of this Zone isto provide primarily for Single Detached and Semi-detached Housing while allowing small-scale conversion and infill redevelopment to housing forms containing up to four Dwellings per building, and including Secondary Suites under certain conditions.
(RF4)-Semi-Detached Residential Zone - The purpose of this Zone is to provide a zone primarily for Semi-detached Housing.
(RMD)-The purpose of this Zone isto provide for a range of dwelling types and densities including Single Detached, Semi-detached and Row Housing that provides the opportunity for more efficient utilization of land in developing neighbourhoods, while encouraging diversity in built form.
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(RF5)- Row Housing Zone - The purpose of this Zone isto provide for relatively low to medium density housing, generally referred to as Row Housing. (RF6)- Medium Density Multiple Family Zone -The purpose of this Zone is to provide for medium density housing where some units may not be at grade. (RA7) - Low Rise Apartment Zone -This Zone isfor Low Rise Apartments. (RA8)- Medium Rise Apartment Zone -The purpose of this Zone is to provide for Medium Rise Apartments.
(RAg)- High Rise Apartment Zone - This Zone provides for High Rise Apartment Buildings. (RR)-
Rural Residential Zone - ThisZone isfor permanent Single Detached Residential development in a rural setting, generally without provision of the full range of urban utilityservices. The RR Zone is intended to regulate rural residential development within rural residential subdivisions that existed prior to the passage of this Bylaw, and is not intended to facilitate future rural residential development and subdivision, which is contrary to the Municipal Development Plan.
(RMH)-Mobile Home Zone - The purpose of this Zone isto provide for Mobile Homes developed within a Mobile Home Park or Mobile Home Subdivision.
(UCRH) - Urban Character Row HousingZone -The purpose of this Zone is to provide for medium density Row Housing in a manner that is characteristic of urban settings and can include more intensive development in the form of, but not limited to, smaller yards, greater Height, orientation to a publicstreet, and greater attention to architectural detail. This Zone is intended as a transition zone between
low and higher density housing.
Commercial Zones
(CB3)-
^2
^ EdrnomoR
Commercial Mixed Business Zone -The purpose of this Zone is to create a mixed-use zone to provide for a range of medium intensity commercial uses as well as enhance opportunities for residential development in locations near high capacitytransportation nodes, includingTransit Avenuesor other locations offering good accessibility.This Zone is not
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intended to accommodate "big box" style commercial development that utilizessignificantamounts of surface parking, nor is it intended to be located abutting any Zone that allows Single Detached Housing as a Permitted Use, without appropriate site interface provisions. (CNC) - Neighbourhood Convenience Commercial -The purpose of this Zone isto provide for convenience commercial, and personal service uses intended to serve the day-to-day needs of residents within residential neighbourhoods. (CSC) - Shopping Centre Zone - The purpose of this Zone is to provide for larger shopping centre developments intended to serve a community or regional trade area. Residential, office, entertainment and cultural uses may also be included within such shopping complexes.
(CBi) -
Low Intensity Business Zone - The purpose of this Zone is to provide for low intensity commercial, office and service uses located along arterial roadways that border residential areas. Development shall be sensitive and in scale with existing development along the commercial street and any surrounding residential neighbourhood.
(CB2) -
General Business Zone -The purpose of this Zone is to provide for businesses that require large sites and locations with good visibility and accessibility along, or adjacent to, major public roadways.
(CHY) - Highway CorridorZone -The purpose of this Zone is to provide for high quality commercial development along those public roadways which serve as entrance routes to the City, or along limited access public roadways intended to provide a connection to entrance routes.
(CO) -
Commercial OfficeZone -The purpose of this Zone isto provide for medium intensity office, commercial and residential development inthe inner city, around Light Rail Transit station areas or other locations that offer good accessibility by both private automobile and transit.
Industrial Zones
(IB)
Industrial Business Zone -The purpose of this Zone isto providefor industrial businesses that carry out their operations such that no nuisance iscreated or apparent outside an enclosed building and such that the Zone iscompatible with any adjacent non-industrial Zone, and
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to accommodate limited, compatible non-industrial businesses.This Zone should normally be located on the periphery of industrial areas and adjacent to arterial or major collector roadways. (IL)
Light Industrial Zone -The primary purpose of this Zone is to provide for high quality, light industrial developments that operate in such a manner that no nuisance factor is created or apparent outside an enclosed building. Limited outdoor activities (loading, service, storage, etc.) that are accessory to a principal use may occur providing the scale of such activities does not unduly conflict v/ith the primary purpose of this Zone or dominate the use of the site. This Zone is intended for sites located on, or in proximity to, arterial or collector roadways within an industrial area; or wherever required to implement the objectives of a Plan or land use study.
(IM)
Medium Industrial Zone - The purpose of this Zone is to provide for manufacturing, processing, assembly, distribution, service and repair Uses that carry out a portion of their operation outdoors or require outdoor storage areas. Any nuisance associated with such Uses should not generally extend beyond the boundaries of the Site. ThisZone should normally be applied on the interior of industrial areas adjacent to collector and local industrial public roadways such that Uses are separated from any adjacent residential areas by a higher quality Industrial or Commercial Zone.
(IH)
Heavy Industrial Zone -The purpose of this Zone is to provide for industrial Uses that, due to their appearance, noise, odour, risk of toxic emissions, orfire and explosion hazards are incompatible with residential, commercial, and other land Uses.This Zone should normally be located on the interior of industrial or agricultural areas, such that it does not interfere with the safety, use, amenity or enjoyment of any surrounding Zones.
Urban Service Zones
(Ul) -
Urban Institutional Zone-The purpose of this Zone isto provide for facilities of an educational or institutional nature, within mature areas
of the city, that could include additional uses that would complement the institutionaldevelopment. (US) â&#x20AC;˘ Urban ServicesZone -This Zone
provides for publicly and privately owned facilities ofan institutional or community service nature.
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(PU) -
Public utility Zone -The purpose of this Zone is to provide for a system or v/orks used for public consumption, benefit, convenience or a use, such as water or steam, sewage disposal, public transportation, irrigation, drainage, fuel, electric power, heat, waste management and telecommunications.
(AP) -
Public Parks Zone -The purpose of this Zone is to provide an area of public land for active and passive recreational uses.
(A) -
Metropolitan Recreation Zone - This Zone preserves natural areas and parkland along the river, creeks, ravines and other designated areas for active and passive recreational uses and environment protection in conformance with Plan Edmonton and the North Saskatchewan River
Valley Area Redevelopment Plan,
(NA)-
Natural Areas Protection Zone -The purpose of this Zone is to conserve, preserve and restore identified natural areas, features and ecological processes.
(AN) -
RiverValley Activity Node Zone - This Zone allows for limited commercial development within activity nodes in designated areas of parkland along rivers, creeks and ravines for active and passive recreational uses, tourism uses, and environmental protection in accordance with Plan Edmonton, the Ribbon of Green Master Plan, and the North Saskatchewan River Valley Area Redevelopment Plan.
(MA)-
Municipal Airport Zone -This Zone provides for the operations of the Municipal Airport.
(MAi) - Municipal Airport Airfield Zone -The purpose of this Zone isto provide for the operation of the municipally-owned airport which carries over the development rights of the former MA Zone, and allows opportunity for airport-related office development. (MA2) - Municipal Airport Business Industrial Zone -This Zone is adjacent to the runways and taxiways of the Edmonton City Centre Airport, which carries over the development rights of the former MA Zone and allows some additional business industrial opportunities based on the IB Zone. (MA3) - Municipal Airport General Business Zone -The purpose of this Zone isto establish a Zone with good visibility and accessibility along, or adjacent to, major public roadways at the Edmonton City Centre Airport, which
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carries over the development rights of the former MA Zone, and allows additional general business opportunities based on the CB2 Zone. (CSi) -
Community Services 1 Zone -The purpose of this zone isto provide for publicly and privately owned facilities of an institutional or community service nature, and to provide for relatively low to medium density housing generally referred to as row housing on lands that have become surplus to public education needs.
(CS2) -
Community Services 2 Zone -The purpose of this zone is to provide an area of public land for active and passive recreation uses, and to provide for relatively low to medium density housing generally referred to as row housing on lands that have become surplus to public education needs.
(CS3) â&#x20AC;˘
Community Services 3 Zone -The purpose of this Zone is to allow for agricultural and rural land use activities and a limited range of other uses, that do not prejudice the future use of these lands for urban use, and to provide for relatively lowto medium density housing generally referred to as row housing on lands that have become surplus to public education needs.
(CS4) - Community Services 4 Zone -The purpose of this Zone isto conserve agricultural and rural land use activities, and to provide for relatively low to medium density housing generally referred to as row housing on lands that have become surplus to publiceducation needs.
(AJ)-
Alternative Jurisdiction Zone -The purpose of this Zone isto provide for lands that do not require a Development Permit when operating underthe jurisdiction of federal legislation, provincial legislation or the Constitution Act, and prescribes land uses and regulations for these lands iftheir legal status changes and they become subject to this Bylaw.)
Agriculture and Reserve Zones
(AG) -
Agricultural Zone-This Zone conserves agricultural and rural land use activities.
(AGU) - Urban Reserve Zone -The purpose of this Zone isto allow for agricultural and rural land use activities, and a limited range of other uses that do not prejudice the future use of these lands for urban use.
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(AGI) - industrial Reserve Zone -The purpose of this Zone is to allow for agricultural and rural land use activities that do not prejudice future use when the lands are required for Industrial use.
Direct Control Provisions
0-
(DCi) - Direct Development Control Provision -This Provision provides for detailed, sensitive control of the use, development, siting and design of buildings, and disturbance of land where this is necessary to establish, preserve or enhance: •
areas of unique character or special environmental concern, as identified and specified in an Area Structure Plan or Area Redevelopment Plan, or
•
areas of special historical, cultural, paleontoiogical, archaeological, prehistorical, natural, scientific or aesthetic interest, as designated underthe Historical Resources Act.
(DC2) - Site Specific Development Control Provision - The purpose of this Provision is to provide for direct control over a specific proposed development where any other Zone would be inappropriate or inadequate. Special Area Zones These zones are applied where a Plan identifies the need for unique zoning to achieve the planning objectives of a distinct geographic area. For instance, many of the zones applied in Downtown are special area zones and unique to the Downtown neighbourhood. Zoning Bylaw Overlays
Overlays alter or specify regulations in otherwise appropriate zones to achieve planning objectives for specially designated areas. Some of the overlays included: Mature Neighbourhood overlay, Floodplain Protection Overlay, and the Major Commercial Corridors Overlay. Fora full list of overlays, please see the Zoning Bylaw. Formoreinformation on specific zonesor zoning regulations, please see www.edmonton.ca/zoningbylaw
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APPENDIX B: Development Permits andtheir Review Process
Development Permits are grouped into two development classifications to reflect the impacts or intensity of the proposed development or use:
Class A - Permitted Developments
Thisclass of permits isfor applications involving Permitted Usesthat comply with all Zoning Bylaw regulations. Examples include residential garages, decks, patios, and minor home occupations.
Class B- Discretionary Developments This class includes all developments that are classified as Discretionary Uses, or for any development that requires a variance to the Zoning Bylaw regulations, and applications within direct control districts.
Development Review Process
•
Review and decision-making time length depends upon complexity of the application and work volumes.
•
Review and decision can be done at the counter or take months.
•
Major applications are circulated to other civic departments for reviewand comment.
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Permit Type
Uses
Pre- Application
Notification
Consultation
of Decision
Yes. Appeal must be filed within 14 days of a Devel opment Officer's
For Permitted Uses Class A
that comply with all Zoning Bylaw regu
None
Ability to Appeal
None
lations
decision
Approval includes written notice:
Class B
For Discretionary Uses, for Permitted Uses requiring a vari
ance, and for appli cations within Direct
Control districts im
None-unless the
within 7 days to: • surrounding property
Mature Neighbour hood Overlay ap plies and application • does not comply • with overlay regula
president of community league president of Business
tions
Revitalization Zone
owners
Yes. Appeal must be filed within 14 days of a Devel
opment Officer's decision
within 10 days: a notice in a newspaper* *The notice in a newspaper describes the development proposal, the development officer's decision, and the right of appeal. Tables- Types of Permits
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XI.
GLOSSARY
Official definitions are contained within the Zoning Bylaw. For more information please see www.edmonton.ca/zoningbylaw.
Accessory Building
A building that issecondary or minor to the principal use of a site and is detached above grade from a principal building. For example, a garage is an accessory building to a single-detached home. Accessory Use
A use that is subordinate or incidental to the principal use of the site Adjacent Land Owner
The property owner (listed on the City tax roll) of the land next to the site on which an application is being processed Affected Person
In the case of the Subdivision & Development Appeal Board, examples of affected persons are those who own property, carryon a businessor reside in the vicinity of a proposed development. A person who merelyvisits the area probably would not qualify as an affected person. Alberta Building Code
Minimum regulations and standardsfor public health, fire, safety, and structural sufficiency Amend
Make minoralterations in to improve
Applicants-Individuals, companies or organizations making applications to develop land. These could be persons acting in their own development interests or as a representatives of a larger company or owner.
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Approving Authority
Bodies or City staff that are legally empowered to make Development Permit or Subdivision decisions, the Development Officer, the Subdivision Authority and/or the Subdivision and Development Appeal Board Area Redevelopment Plan (ARP)
Astatutory plan that identifies planning goals and objectives of residents, owners, and business people in an existing area. The ARP is a basic community planning document that deals with zoning, traffic, parks, social issues, etc. Area Structure Plan (ASP)
A statutory plan that establishes the general planning framework for future subdivision and development of an area of undeveloped land Bareland Condominium
A commonly owned parcel of land that contains individually owned and defined lots. Any buildings on the lot are individulally owned. Building Code See Alberta Building Code Building Envelope
The three dimensional space within which a building may be built Building Permit
A permit issued byThe City to erect a new building or structure or to demolish, relocate, repair, alter, or make additions to an existing building or structure Built Form
The layout (structure and setting on a site), density (height, storeys, and mass) and appearance (materials and details) of a development
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Caveat
AVi'arning that is registered on the title ofa parcel of land(forexample - the land is affected by the airport noise or owes reserves). Contact Provincial Land Titles for more information.
Change of Use Atype of Development Permit required when the use is changing from one uese to another.
Charrette
A design exercise where community members, planners, architects, designers, or artists work together to develop a visual solution for a planning problem or concept
City Council CityCouncil is comprised of the Mayorand 12 CityCouncillors. Community League
An organization of persons with an elected executive representing a geographically defined community within the city of Edmonton, incorporated under the Societies Act of the Province of Alberta to provide facilities, programming and services without reference to race, colour, religion, creed, ethnic origin or political affiliation Compliance Certificate
Sometimes required by the intended purchaser of a property (or their financial institution) to ensure that the building described on a Real Property Report meets the rules of the Zoning Bylaw. The City does not require purchaser to receivethis. Conditions of Approval
The requirements that are appliedto a Development Permit specific to that site that must be satisfied for the permit to be valid. Condominium
Acommonly owned building or structurecontaining units that are individually owned.
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Density
The number of dwellings units per acre or hectare (residential). The ratio of floor space or building area to the site area (commercial) Development Authority
Officials ofThe City of Edmonton charged with the responsibility of administering the Land Use Bylaw as well as deciding upon applications for Development Permits and issuing Enforcement Orders Development Officer ACity staff person appointed as an Approving Authority to exercise development power on behalf of the City Development Permit (DP) A document authorizing a development, issued by the Approving Authority, that includes plans and conditions of approval and establishes elements such as use, form, intensity, and appearance. A building permit may also be required.
Development Permit for a Home Occupation City approval needed to operate a business in the home. Discretion
The term used when the Development Authority varies any of the rules of the Zoning Bylaw. Discretionary Use
Atype of use detailed by the Zoning Bylaw. Unlike permitted uses, a discretionary use may be refused ifthe use does not fit in the proposed location or ifthe Development Authority believes it would adversely impact the area.
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Duplex
Asingle building containing two dwelling units, one above the other, each having a separate entrance, A single buildingwith two dwelling units, side by side, is known as a 'senni-detached dwelling'. Dwelling Unit
Aself contained unit of one or more rooms that accomodates sitting, sleeping, sanitary, and cooking facilities. Elevation Plan
A drawing of the front, side, or rear of a building. Encroachment Agreement
An agreement with the City of Edmontonwhen a structure is built on City owned land. Enforcement Order
Issued by a Development Authority, requiring compliance with the Zoning Bylaw. Environmental Reserve
Land considered, in accordance with the Municipal Government Act, to be undevelopable because of its natural features or location (unstable slopes or floodways)that a developer may be required to dedicate at the time of subdivisionthis is different than Municipal Reserves. Floor Area Ratio Bylaw
The ratio of the Floor Area of a building to the area of the site. FloorArea excludes basements use exclusively for storage or servicing, underground parking, walkways, and area used exclusively for servicing equipment. Historical Resource
Asite or building designated to be of historical significance bythe Historical Sites and Monuments Board of Canada or the Government of Alberta.
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Infill
New housing in established neighbourhoods. Landscaping Requirements
Landscaping is required when applying for certain types of Development Permits. For example, new construction.
Land Use Designation The type of land use as described by a Statutory Plan to direct zoning. Mass
The combined effect of the arrangement, size and shape of a building or group of buildings on a site and its visual impact in relation to adjacent buildings. Municipal Development Plan (MDP)
The primary strategic planning document guiding growth and development in Edmonton. It has policies relating to transportation, housing, economic activity, recreation, environment and social issues. It also provides the strategic framework for more detailed and specific plan, policies and programs. The MGA requires all cities in Alberta to have an MDP.
Municipal Government Act, Part 17, Planning & Development (MGA)
The provincial legislation that sets out the procedures, types of arguments that can {and cannot) be considered on planning decisions and the rules that govern various planning processes. Replaced the Planning Act in 1985.The MGA delegates authority relative to decision-making, such as Council's ability to pass and use bylaws Municipal Reserve (MR)
Land the developer is legally required to provide to The City, at the time of subdivision for park purposes. When subdividing an area larger than two acres up to a 10 percent reserve dedication is required.
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Municipal School Reserve (MSR)
Land the developer is legally required to provide to The City and one of the School Boards, at the time of subdivision for joint school and park purposes as part of the lo percent Municipal Reserve dedication Non-Conformtng Use
A lawful use that was being made when a land use Bylaw affecting that use was effective, but no longer complies. Non-Statutory Plan
That are not required by the MGA and are not legally binding. Occupancy Permit Needed for most buildings (other than single and semi-detached dwellings) to ensure the building complies with the applicable codes and regulations. Overlay
Additional development regulations laid over specific areas of the Zoning Map, which overrides or adds to the development regulations of the underlying Zone. These regulations are part of the Zoning Bylaw and are legally binding. Parking Requirements
The numberof parking stalls required for different uses in different zones. Parking is required for most uses but varies depending on zones, overlays and other applicable regulations. Permitted Use
Uses of land, buildings or structuresfor which Permits must be issued ifthe development meets all applicable regulations. Planning Act
The former provincial legislation (priorto 1995) that set out the procedures, typesof arguments that can (and cannot) beconsidered on planning decisions andthe rules
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that govern various planning processes. Replaced by the Municipal Government Act, Part 17, Planning and Development. Principal Building
Abuilding that accommodates the principal use of a site. For example, a singledetached home istypically considered a principal building.
Private Maintenance Easement
An agreement between two adjacent land owners to allow either owner access to the adjacent property to maintain their own property Property Line
A legal boundary of an area of land Public Notice Ad
An ad placed In a local newspaper to notify the public of Land Use Amendments, Road Closures, Subdivision and DevelopmentAppeal Board Agendas, and Development Permits, legally required by the MGA. Real Property Report (RPR)
A legal document that shows the location of ail visible public and private improvements relative to property boundaries. RPR replaced the old Surveyor's Certificate in 1987. Rezoning
The process of changing from one zone to another. All rezoning publications must be approved by Council.
Regulations- Rules governing land development i.e. Zoning Bylaw
Relaxation -The term used when a variance to one or more Zoning Bylaw regulations is being considered. Please see variance for more information.
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Restrictive Covenant
A restriction that is registered on the title of a parcel of land. Contact the Provincial Land Titles Office for more information.
Road Closure
The official closure of land registered as road right-of-way. City council approval is required. Road Right-of-Way The land used for the roadway, including the sidewalk and boulevard
Safety Codes Act
Provincial legislation that covers all areas of construction Safety Codes Officer
City staffwho are responsible for enforcing the provincial Safety and Building Codes. Sometimes referred to as a Plans Examiner.
School Reserve (SR)
Land the developer is legally required to provide, at the time ofsubdivision, for school purposes. Partofthe lo percent reserve Ivlunicipal Reserve dedication (most school envelopes are MSR)
Secondary Suite
Adwelling located in, and accessory to, a structure where the principal use is single detached housing. Semi-Detached Dwelling
Asingle building that has two side-by-side dwelling units, separated from each other by a party wall. This is different than a duplex, which has two units one above the other.
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Servicing Agreement
Acontract between an owner of land or a developer and the City that details the
obligations of both parties regarding development costs, infrastruction provision, legal requirements, scheduels, and similarrequirements. Setback
The distance a building must be from the front, side or rear property lines. Single-Detached Dwelling A building that contains only one dwelling and is separate from any other building. Single-detached dwellings may also contain a secondary suite, Site Plan
"Birds-eye" drawings of the land on which an application is being made. The site plan should include the yards, existing trees, proposed buildings, setbacks, etc. Stakeholders - One who has a share or an interest in a topic or issue. Statutory Plan
Aplanthat is required by the Municipal Government Act, Part 17, Planning and Development, passed by bylaw and must be adhered to by subordinate plans and planning approvals.These plans can only be changed by amending the bylaw. Statutory Public Hearing
When the Municipal Government Act requires Council to hold a public hearing on a proposed bylaw or resolution, a public hearing must be held before the second reading of the bylaw or before Council votes on the resolution. Streetscape
All the elements that make up the physical environment of a street and define its character. This includestrees, building type, style, setback, etc.
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Stop Work Order
Issued by a Safety Codes Officer forstarting work without a permit or not conforming to the Alberta Building Code or approved plans Subdivision Authority City staff that are empowered by the MGAto make decisions on subdivision matters. Subdivision & Development Appeal Board (SDAB)
A body appointed annually byCity Council, to hear appeals against decisions related to subdivisions or development permits. The SDAB is separate from CityCouncil and City Administration, and receives their authority from the MGA.
Transportation Utility Corridor (TUC)
Aribbon of land around the city underthe directcontrol of the Province of Alberta. It is intended to be used for a future ring road, power lines, and sewer trunks. Utility Right-of-Way
Land that is used for utilities. These right-of-ways are usually shownon the legal plans and registered on the title. Yard
The part of a site unoccupied by a building. Zero Lot Line
Alotspecifically designed to allow the building to be built on the property line. A Private Maintenance Easement is sometimes required. Zoning
The legal control ofthe use, intensity, and built form on a parcel of land.
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Zoning BylawAmendment
Any change tothe Zoning Bylaw regulations. AZoning Bylaw Amendment must be approved byCity Council and requires a public hearing.
Zoning Bylaw-The bylaw that establishes procedures to process and decide upon land use and development applications and divides the city into zones. It sets out
regulations that affect how each piece of land in the city may be used and developed. m.
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