Land Use Zoning & Planning

Transcription

1 Land Use Zoning & Planning 2013 MATI 1 Course Tues., Aug.14, 2013 Victoria, BC Thomas Knight MCIP, RPP tknight1095@shaw.ca

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3 Presentation Overview 1. What is Planning? 2. History of Planning 3. The Role of the Planner 4. The Regulatory Tool Kit Regional Growth Strategy (RGS) Official Community Plan (OCP) Zoning Bylaw Development Permit Subdivision 5. A Sample Process: Subdivision 6. Other Types of Development Applications 7. Recent Planning Trends 8. Closing Remarks 3

4 What is Planning? The process by which communities attempt to control change & development in their physical environment. The object of planning is the physical environment (natural & human-made) which means land & all its uses. The Canadian Encyclopedia Urban & Regional Planning, William Perks & P.J. Smith Planning has been moving into the non-physical (e.g., social, cultural & economic) 4

5 Two Basic Planning Issues 1. The need to think ahead to accommodate the growth deciding which lands should be built on, when & for what purpose (residential, commercial, industrial, etc.). 2. The need to consider the developed areas & distinguish between areas where change is not desired & those where change is either unavoidable or needed. 5 The Canadian Encyclopedia Urban & Regional Planning, William Perks & P.J. Smith

6 How Did Planning Originate? The planning profession arose from the problems of the Industrial Revolution. The City Beautiful Movement (reformers) in the 1890s: separating homes from factories & building parks in cities. Early planners were public health officials, architects & engineers. 6

7 7 Chrysler Building in New York City

8 Hycroft 8 Mansion in Shaughnessy Heights, Vancouver

9 The Role of the Planner Planners are responsible for two related, but diverse responsibilities: 1. Long Range (or Policy) Planning 2. Current (Land Use) Planning 9

10 Long Range Planning Responsibilities Prepares the Official Community Plan (OCP) & other land use plans, policies or strategies. Provides technical planning advice or information (data, trends or community dynamics) to Board or Council & other departments. Ensures effective public participation throughout the planning process. 10

11 Current Planning Responsibilities Handles all development review processes (OCP amendments, rezoning, development permits & subdivisions). May have the ability to approve certain development permits delegated by Board or Council. May include subdivision approval in some municipalities (i.e., the Approving Officer). 11

12 Planners May also be Responsible for the Following Disciplines Heritage Planning Affordable Housing Economic Development Social Planning Transportation Planning Environment or Sustainability Planning 12

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14 Current 2005 Typical Organizational Chart Planning for Municipal Div. Planning Department Planning Division Planning & Corp. Services Inspection Services Development Services Planning Policy/Res. Real Estate/Com.Dev. Lic. & Bylaw Enfor. Bus. Lic. Bylaw Enf. Inspections Bldg. Heating/Plumb. OCP Amend. Zoning Development Permits Heritage Natural Area/Hazard Commercial/Industrial Multi-family Subdivision Subdivision ALR Applications OCP Inter-Gov. Liaison Research/Policy Dev. Envir. Planning Heritage Town Centre Imp. Community Planning Social Planning Housing Neighbour Assoc. Liaison Special Projects Special Projects Permits/Plan Checking One Window City of Kelowna Source: Ron Mattiussi, MCIP 2005 MATI Course

15 Relationship of Planning Department to Other Departments Departments Planning Involvement 1. Bylaw & Licensing Zoning & land use review Liquor control & licensing Home occupations 2. Building Department Setbacks & siting review Environmental & geotechnical considerations (e.g., floodplain) Development permit confirmation 3. Corporate & Legislative Services 15 Bylaw preparation & amendments Minutes preparation & review Planning committee & public hearing Advisory planning commissions

16 Relationship of Planning Department to Other Departments Departments Planning Involvement 4. Finance Application fees Letter of credits & bonding Tax roll assignment 5. IT & GIS Cadastral map updates Land use changes House numbering 6. Operations & Engineering Subdivision review Servicing connections Development cost charges 7. Parks & Recreation Parkland & trail dedication 16

17 The Planner s Responsibility within the Political Framework Council sets overall land use/development policy & direction in the OCP & implements that direction through the zoning bylaw. Council must consider OCP policy, staff recommendations & public input when considering development applications. The ultimate planning decision must be a political decision. 17

18 18 Political Reality for Planners

19 Local Government Act In BC, all regional growth strategies, official community plans, zoning bylaws & development approval processes (except the subdivision of land) are prepared & adopted within the statutory provisions of the Local Government Act. 19

20 Regional Growth Strategy Highest level of planning document that provides a vision for a region that includes a regional district and its member municipalities. Define where future growth should occur. Minimum of a twenty year timeframe. Includes population and employment projections. 20

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22 Official Community Plan What is an OCP & what does it do?

23 Official Community Plan An OCP is a policy tool for a Local Government to guide decisions on planning & land use management. Describes general goals, objectives & policies to achieve a long term vision for the community. Must include written text & map(s). OCP designates general land use activities ranging from residential & commercial to public parks, schools & other public facilities. 23

24 OCP relationship to land use regulations OCP Map A land use designation shows the full range of land uses that could be allowed by zoning on area of land. These affect the decisions about any zoning changes. They do not affect what can be built on the property. Zoning Map The zoning map and bylaw are actual regulations that show what can be built on the land. These regulations affect property owners.

25 Zoning Bylaw Zoning Bylaw regulates land uses & implements the broad range of goals, objectives & policies of an OCP at a site-specific level. The Zoning Bylaw divides the municipality or Regional District into zones & sets regulations for each zone. The principal purpose of a Zoning Bylaw is to guide growth in a systematic way by ensuring various uses of land & structures are compatible. 25

26 Zoning Bylaw Zoning Regulates: Land use: - Permitted uses - Accessory uses Density Site coverage Size & placement of buildings & structures including: Setbacks from property lines Height Parking 26

27 Zoning Bylaw Application for rezoning is required for: Proposed change to permitted uses Residential commercial Residential multiple residential Proposed change to density Amendments of this nature are considered to be in the broad public interest & require a public hearing 27

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29 Zoning Bylaw Limitations on Zoning: Zoning cannot prohibit resource extraction (e.g., gravel pits) or tree removal (controlled through separate bylaw) Restrictions on Federal & Provincial lands: Agricultural Land Reserve (provincial) Department of National Defence Lands (federal) First Nations Lands (federal) Telecommunication towers (federal) Aeronautical Corridors (federal) 29

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31 What about medical marijuana? 31

32 Planners increasingly involved with this issue Previously, federal government issued licences to small & large growers In June 2013, Health Canada released Medical Marijuana for Medical Purposes Regulations The focus now is to limit licences to large growers The question now is as a federal licence, can this be controlled by a zoning bylaw? Some communities (e.g., Maple Ridge & Sunshine Coast Regional District) are looking at limiting this use to industrial zones only 32

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34 Development Permits Development Permit Areas (DPAs) may be designated within the OCP Sets special conditions or objectives that justify the designation Must specify guidelines to address special conditions or objectives 34

35 Development Permits Local Government Act permits designation of DPAs for the following purposes: 1. Natural environment protection 2. Hazardous conditions protection 3. Farming protection 4. Downtown revitalization 5. Form & character objectives 6. Energy & water conservation 7. Greenhouse gas emissions reduction 35

36 Development Permits Within DPAs, the following cannot occur unless the Local Government issues a DP: Construction or alteration of a building Subdivision or alteration of land 36

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38 Subdivision The creation of several properties from one or more existing properties. 38

39 Types of Subdivisions: Lot A Plan Conventional Fee Simple Lot A Lot B Lot A Lot B Lot Line Adjustment (realignment) Lot A Lot B Lot C Lot D Lot A Lot B Lot C Lot 1 Lot D 39 Consolidation

40 Bare Land Strata 40 Building Strata

41 Subdivision Land Titles Act, Local Services Act & Strata Property Act provides rules & regulations pertaining to subdivision approval. Municipal Council must appoint an Approving Officer. 41 The approving of subdivisions within Regional Districts is through the Approving Officer for the Ministry of Transportation & Infrastructure.

42 Subdivision An Approving Officer is a statutory official with separate & independent jurisdiction from local government. The Approving Officer ensures that subdivisions are in accordance with provincial statutes and regulations, and local government bylaws; and are in the public interest. Council s powers to regulate subdivision are restricted. May determine the amount & location of park or whether money must be provided for park purposes. 42

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44 A Sample Process: Subdivision 100m 40m 30m 30m 44

45 A Sample Process: Subdivision 1. Receives a complete application 2. Assigns to a current planner 3. Planner reviews & initiates referral process Internal departments (Engineering & Parks) External agencies (Min. of Trans. & Infrastructure, Min. of Environment, School Boards, adjacent municipalities, First Nations) 4. Sends a preliminary letter of approval (PLA) to applicant 45

46 A Sample Process: Subdivision 5. Applicant may complete subject conditions: Geotechnical review (Engineering & Building) Storm water management plan (Engineering) Servicing agreement (Engineering) Legal survey plan (Engineering) Latecomers agreement (Engineering) Bonding/letters of credit/tax roll info (Finance) Restrictive covenants/r-o-w s (Legislative) Parks dedication or provision of trails (Parks) 46

47 A Sample Process: Subdivision 6. Planner ensures compliance to bylaws & policies 7. Approving officer executes legal plans 8. Plans are registered at Land Titles Office 47

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49 Other Types of Development Applications 1. Official Community Plan Amendments (OCP) 2. Rezoning (RZ) 3. Subdivision Applications (SUB) 4. Development Permits (DP) 5. Development Variance Permits (DVP) 6. Environmentally Sensitive Development Permits (ESA DP) 7. Temporary Use Permits (TUP) 49

50 Other Types of Development Applications 8. Agricultural Land Reserve Applications (ALR) 9. Heritage Revitalization / Alteration Permits 10. Floodplain Relief 11. Board of Variance (BOV) 12. Siting Permits 13. Tree Cutting Permits 14. Home Occupations (HO) 15. Comfort Letters (CL) 50

51 Recent Planning Trends 879 Consultation Strategy First Nations Adjacent Jurisdictions Sustainability Climate Change Smart Growth Sustainability Checklist Bill 27 Provincial mandate to reduce greenhouse gas emissions OCP to be updated by 2010, made into law by 2011 Medical Marijuana Legislation 51

52 Closing Remarks 1. A public official is there to serve the public & not run them. 2. It is more trouble to consult the public than to ignore them but that is what your are hired for. 3. Don t try any sly or foxy politics. A planner is not a politician. 4. Don t make enemies unnecessarily & for trivial reasons. If you are any good, you will make plenty of them on matters of straight honesty & public policy & will need all the support you can get. 52 Source: Clifford Pinchat, Envisage, circa 1909

53 Closing Remarks 5. Everyone has a dream; we are not here to throw obstacles in their paths. We are here to assist & facilitate their dreams through the regulatory process. (D. DeGagne) 6. Instead of becoming a person of success, become a person of value. (A. Einstein) 7. For success, attitude is equally as important as ability. (MATI 3, April 09) 53

54 Thanks to Ron Mattiussi, Rob Buchan and Brian Chow 54