Lesson 5 – Land Use Planning and Policies Provincial legislation normally deals with: - the establishment of organization for planning the content, preparation, and adoption of statutory plans the format for enacting zoning, building, and housing by-laws the system for subdividing land Ontario municipalities have the following main powers in relation to planning: 1. The adoption of an official plan - policies that guide development toward long term goals and objectives 2. The adoption of a zoning by-law - controls over how land may be developed 3. Subdivision control - creation of individual lots for development The Provincial Planning Framework - The Planning Act - Planning decisions must take into account: aggregate resources clean water affordable housing environment Example: Green Belt - to contain urban sprawl concentrate growth within the Golden Horseshoe to 26 key urban areas The Ontario government is now proposing the expansion of the greenbelt area and increased infill development Provincial Policy Statement (PPS) - Minister of Municipal Affairs and Housing may issue policy statements approved by the Cabinet on planning matters that are of provincial interest There are requirements for consultation before, and notification after any statements once issued, local planning decisions must be consistent with them PPS supports intensification of land use, including the redevelopment of brownfields, more compact, high-density development, and more transit-friendly land use patterns supports planning rules that would confine development to areas where it can be sustained and supported by infrastructure Official Plan - The central document in municipal planning Not all municipalities have an official plan Two key Components of Official Plan 1. A statement of long-term goals and objectives - Sets out the kind of community that is desired in the future Based on a survey and analysis of the existing municipality, past growth patterns, future growth prospects Views of the local population 2. Current land use planning policies - The policy section provides the rules council has established to govern land use Policies set out the municipality’s position to the various land use issues Severance of lots Creation of subdivisions Preservation of waterfront or environmentally sensitive land Buildings of historical architecture Quarry operations or site plan control in urban areas - Preparation of an official plan is usually done by outside consultants - - Planning Advisory Committees the Planning Act now states that the council of every upper and single tier municipality that is not in a territorial district must appoint a planning advisory committee This is optional for all other municipalities Committee must include at least one citizen representative who is not a member of council or employee of the municipality The Planning Act prescribes the process to be followed – by a council, planning board, or planning advisory committee – when considering an official plan Once adopted by council, the official plan must be approved by the Ontario government Local citizens can appeal the plan to a provincial tribunal known as the Ontario Municipal Board (OMB) The Board’s decision is final except if Minister of Municipal Affairs and Housing declares otherwise council must revise an official plan no less than 10 years after it comes into effect as a new official plan and every 5 years thereafter, unless the plan has been replaced by another new official plan Hierarchy of Planning Perspectives - Province sets out its planning priorities and concerns in the consolidated Provincial Policy Statement, or PPS Municipal official plans must be consistent with the provisions in the PPS Approved official plans constitute the next level in the planning hierarchy Actions taken by a municipality, including public works undertaken and by-laws passed, must be consistent with the provisions of its official plan - the land use controls set out in a municipal zoning by-law must be consistent with official plan official plan and/or zoning by-law of all lower tier municipalities in a two-tier system must follow upper tier The hierarchy is depicted here: These are the sorts of questions addressed within an official plan - - How quickly does it intend to grow? What areas will be developed first, and how will the growth be staged? What kind of growth will be encouraged? Will growth be concentrated within the existing core, where services already exist? Will the community expand outward through the extension of existing services? Are there natural barriers (rivers, hills, rocky terrain, environmentally sensitive lands) that restrict growth in certain areas? Public Works must be capable to support the Official plan Roads, bridges, and water and sewer lines, must be constructed accordingly Without the guidance and framework provided by an official plan, growth can occur very haphazardly, in response to the dictates and preferences of private landowners Services have to be extended to support scattered developments even while there is unused capacity within the existing infrastructure of the municipality Another consequence is urban sprawl, the spillover of growth into rural areas surrounding cities Official Plan Amendments - - Official plan amendments arise if the municipality changes its policies or if a prospective developer seeks a revision to accommodate their plans The approval process is the same as an official plan An applicant’s request for an official plan amendment must include all required information prescribed by the province and information that a municipality requires, as specified in its official plan the time limit for approval or rejection begins if there is no decision within the specified time limit (180 days), the applicant can appeal to the Ontario Municipal Board Legal Limitations on an Official Plan - An official plan cannot constrain private landowners as to how they may use their land legally Municipalities advance the objectives of their official plans when they locate new infrastructure in areas identified for future growth They rely on zoning by-laws to guide how land is developed Zoning By-Law - - - a zoning by-law divides the municipality into several zones or separate geographic areas and specifies how land may be developed within each of these zones Ex. a zoning by-law can prohibit buildings or structures on land that is subject to flooding, is contaminated, contains a sensitive groundwater or surface water feature, or is within an area identified as a vulnerable area in a drinking water source protection plan under the Clean Water Act, 2006 Building can also be prohibited on land that is the site of a significant archaeological resource or is a significant wildlife habitat, wetland, water corridor, or area of other natural or scientific interest General Zones: Residential, Commercial, Industrial, Institutional, Open Space Subzones: Single family detached and Apartments within residential Office and Retail within the commercial zone For each zone, the zoning by-law sets out permitted land uses, rules governing buildings and structures, and standards governing development Example. specifics on height of building, setback requirements (from the street), and side yard requirements the various building standard requirements dictate the physical shape and appearance of a community, its skyline, its overall sense of spaciousness or congestion - Zoning provisions must be consistent with the municipality’s Official Plan and the Provincial Policy Statement (PPS) - A building permit will not be issued for any proposed development that does not comply with the zoning provisions related to that parcel of land - Zoning by-laws make restrictions for private land that makes it controversial for municipalities There is public resistance to municipal rules that dictate land use The situation provides a challenge of reconciling private interest and public interest Everyone wants to be free to develop their land as they see fit – until the person next door announces plans to open a glue factory, at which point the merits of land use controls are suddenly discovered The preparation and adoption of a zoning by-law mirrors the process followed with the official plan Preparation of zoning by-laws take place under council’s direction, often with the assistance of outside consultants The by-law is adopted by council, there is provision for an appeal to the OMB, and the Board’s decision is final - Comparing the Zoning By-Law and Official Plan - Official Plan - how a municipality would like to see growth and development unfold in the future Zoning by-law - controls the use of land in the present - Because of these different time frames, the two documents can present a potentially confusing picture when it comes to land uses Potentially Conflicting Pictures: Example. an area may be zoned residential, reflecting its current use, but be identified in the official plan as the site for future commercial development - - - - At some point in the future there may be applications for amendments to the zoning to permit this commercial development Since the proposed new use is consistent with the objectives of the official plan, and since a municipality is normally keen to have more commercial and industrial development and assessment within its tax base, one can expect such applications to be approved those who purchased homes on the assumption (from checking only the zoning) that they would be living in a permanently residential neighbourhood now find themselves watching the construction of a mall across the street This new development may also affect the value of their residential assessments Assessors can quantify the impact that the new commercial development has on the residential properties so that this can be accurately reflected in updated residential assessments Example. rural land was zoned as agricultural or farmland but was identified in the official plan as an area of future residential development This pattern will be less prevalent in the future, since the provincial policy statement now restricts development in rural areas, unless it can be supported by appropriate service Municipalities can make their intentions concerning land use clearer by using a holding by-law Holding By-law - This by-law indicates the future use of land or buildings that will be permitted when, for example, local services are in place – at which point the “H” designation accompanying the zoning is removed through an amendment to the by-law - Holding by-law can be used to phase in development of land while making clear to interested parties the future plans for the land - The fact that land is converted from less intensive to more intensive uses, increasing its value accordingly, is recognized in the Assessment Act for the purpose of providing tax reductions, the Minister must prescribe up to three subclasses for farmland awaiting development (for the residential, multi-residential, commercial, and industrial property classes) To date, only two such sub-classes have been prescribed - - Relief from Zoning - Two forms of relief for rigid land use controls Legal Non-Conforming Uses - There is appreciation of the fact that some existing land uses that were in place prior to the passage of a zoning by-law will no longer be permitted In fairness to those who invested in these land uses, they are allowed to continue – as legal nonconforming uses – as long as they continue in the same way It is possible to obtain the right to an enlargement or extension of one of these uses, or a change to another use that is more compatible with what is now permitted These are dependent upon the approval of a local committee of adjustment (appointed by council) Minor Variances - Committees of adjustment are called upon to consider minor variances Allow developments to proceed on a parcel of land even if not in precise conformity with the provisions of the by-law Example. side yard requirements one or two feet below the minimum specified - Without minor variances, development not strictly in accordance with the zoning by-law could only proceed by way of a formal amendment to the zoning by-law Subdivision Control - Control over the creation of separate, legal lots, without which no development of any sort can proceed - 1970s - the Ontario government introduced subdivision control It was common practice for developers to acquire land in municipalities with no planning policies or controls, to build subdivisions, and then to move on and repeat this pattern in other areas New homeowners would demand various services from their municipality generating an increased expenditure burden for all taxpayers Much residential development would occur on good farmland and taking it out of production forever - Plan of Subdivision - Plan of subdivision – a formal, legal document by which land owned by a person (or company) could be divided into several smaller parcels, known as lots or blocks - The Planning Act details information required for a plan of subdivision - Plan must show dimensions and boundaries of lots on which building will occur, street patterns and names, and siting of schools and parks The completed plan is submitted by the developer to the Minister of Municipal Affairs and Housing (or to the municipality) Must be consistent with the official plan and zoning by-law How does plan fit with the topography of the area, road pattern, the availability of services, and any other relevant factors Given draft approval Draft approval while subdivider proceeds with finalizing the plans for the development - - several conditions attached to draft approval, and these must be met before final approval will be given Conditions could be related to width of roads, park requirements, services in support of the development Conditional Approval - Contract that sets out the applicant/developer’s responsibilities in connection with the development Draft Approval is granted subject to conditions, usually including requirements such as: - Applicant enter into a subdivision agreement with the municipality Services and other improvements that the developer must provide Financial obligations of the applicant (development charges or performance bonds to ensure that the work is completed satisfactorily) - Final approval of the subdivision plan is given when all conditions have been met, if there has not been a referral to the Ontario Municipal Board The plan can then be registered in the land titles/registry office and the lots can be sold If any objections to draft approval or any conditions, or if no decision has been made by the deadline, developer can appeal to the OMB - Severance or Consent - a simpler, less time-consuming process in a situation where only a few lots are to be severed Example. a farmer wishes to have a severance so that his son can stay on the land and keep the farm in the family - - Committee of Adjustment authorize severances for urban municipalities County or regional land division committees authorize severances for small and rural municipalities There is a standard application form and pre-consultation to ensure all necessary information is provided on the application The decision of the application is based on the planning policies, found within the official plan and zoning by-law of the municipality Where that does not exist, the severance policy of the county or region is applied A severance application can be rejected, approved, or approved with conditions The decision or any conditions attached can be appealed to the Ontario Municipal Board There can be an appeal if no decision is made within the deadline (90 days) The OMB’s decision is final Planning Act states that municipalities are authorized to establish a local appeal body (LAB) to hear and make decisions on applications for severances (and on applications for minor variances under zoning as well) If they choose not to set up this body, the OMB continues to hear appeals relating to these matters Planning in Practice - Official Plan - Municipalities establish long term goals and objectives - - Planning Policies - Govern how they will deal with planning issues such as preservation of farmland, mineral aggregates in rural areas, urban design details as part of site plan control guidelines Severance Policies - Municipality can influence the creation of separate, legal lots Zoning by-law - Controls how lots can be developed - Following planning tools and processes won’t automatically result in “good” planning Opinions differ as to what constitutes appropriate planning, and these views change over time There are practical and political realities that affect the way planning is pursued There are external constraints on the way planning is carried out by municipalities More Art Than Science? - There isn’t one correct way to plan, or to develop land, as the following examples should illustrate Traditional planning called for exclusive, not mixed, land uses Example 1. Apartments above storefronts - not desirable for kids at risk from playing in busy streets It was thought to be better to keep housing separate from commercial and industrial development Children insulated from traffic within the neighborhood park Debated that apartments above the storefronts represented “eyes on the street,” Ensured safety and security for children than would be found within a park setting She stated that density and diversity were essential to healthy city life Communities with a rich and diverse environment reflecting mixed uses and supporting the kind of quality of life desired by talented workers who are so valued in today’s knowledge-based economy Example 2. Infilling hamlets to avoid scatter - Municipalities prefer to infill existing hamlets to avoid scattered residential development along rural roads Infilling usually contaminates the water supply in wells and septic tanks Municipalities would then need to build a water supply and/or sewage treatment facility Municipalities do not have financial ability to do this Financial support from the provincial and federal government is scarce The idea of infilling began to look suspect and some found merit in allowing housing to be dispersed along rural roads especially if dispersed housing was on large lots that could accommodate effectively both a well and a septic system Example 3. Urban Sprawl - Criticized as wasteful Expensive to service Harmful to the environment Too low density to support public transit More dependent on the automobile Increased congestion and air pollution - - Traffic delays that slow the delivery of goods by truck Create significant economic costs Adverse social impacts Middle class families and businesses move to the suburbs and leave central cities struggling to meet the needs of those who remain Suburban commuters have little time to participate in activities in their community Smart growth, a concept very difficult to reject, but has downsides Urban sprawl reflects where people want to live and market forces will adjust over time – by infilling housing and commercial development in underdeveloped areas that have been created by leapfrog development Sprawl is inevitable while land costs remain so high in central cities smart growth initiatives that concentrate on public transit have created greater congestion as a result of the failure to keep up with highway construction and expansion These examples demonstrate that there is more than one point of view about many planning issues and that our perspective on these issues often changes over time Political Realities of Planning - Planning decisions are made by governments that must deal with real world considerations Consider the planning wisdom that opposes strip development in the form of isolated severances along a township road Sending a snowplow or a school bus several miles along such a road to service scattered houses is expensive Losing farmland because of residential development is also bad planning Growth prospects come in the form of demands for new homes built along those rural roads Councils face pressure to hold taxes Only possible if they can increase their assessment/tax base Planning to increase tax/assessment base - Each new home represents approx. $2,000 or $3,000 in additional tax dollars each year Councils should want to enrich the tax base and reduce the burden on existing taxpayers Councilors must be sensitive to views of taxpayers to seek re-election Financial considerations may prompt a city to allow a major subdivision on its outskirts, one that will require some extension of municipal services to support it Efforts to improve the ratio of business assessment to residential assessment may lead a municipality to accept a new industry that brings a dubious track record and an adverse impact on the environment Political realities with subdivisions - Ontario’s experience with the administration of consents or severances provides another example of the influence of political realities the intention was that consents would only be granted in limited circumstances (the farmer’s son) and that almost all lot creation would be by way of a plan of subdivision However, more lots have been created by consents than by plan of subdivision, making the exception the norm - When local committees of adjustment handled consents, it was too difficult to deny acquaintances, friends, and neighbors - County and Regional Land Division Committees - introduced to ensure more objectivity for approvals When considering a consent application, land division committees circulate the application to the relevant local council, to obtain local input The land division committee is essentially a quasi-judicial body obligated to consider all facts presented to apply the appropriate consents policy from the official plan to render a decision consistent with that policy - Planning Decisions Should Be Political Decisions - Planning is too important not to be entrusted to politicians Ontario municipalities were required to appoint planning boards a majority of whose members had to be citizens, not councillors official plans could only come before council for approval on the recommendation of one of these planning bodies - If we want decisions about the future growth and development of our community to reflect our views and concerns, if we want those making such decisions to have to answer to us for them, then these decisions must be made by politicians These considerations strengthened the role of the municipal council in planning, while imposing some restrictions on the role of the OMB - - - - - - - 2003 - deadlines for council decisions expanded from 90 to 180 days in the case of official plans, zoning by-laws, and plans of subdivision Deadlines in 90’s were so tight that in complex matters a municipal decision was unlikely within the time frame, and probably unwise too The result was that the OMB ended up making decisions on these matters and it became common for developers – anticipating this outcome – to file an appeal with the OMB at the same time as they submitted their application to the municipality controversial matters would be taken out of councils hands and the Board could “take the blame” But councils are elected to make decisions, controversial or not 2006 - A second change to the Planning Act was to mandate that all information that a municipality required (as specified in its official plan) had to be provided before an application was considered complete and the countdown to the deadline could begin This change prevented the previously unreasonable situation in which applicants were able to appeal to the OMB, taking the matter out of the hands of council, even though the municipality had not yet received some of the information that it felt it required to make a decision the OMB was to have regard to any decision made by a council, effectively directing it to act more as a court of appeal than a decision making body Smart Growth for Our Communities Act, 2015 also supports the role of council as a political and representative body by requiring that municipalities set out in their official plans how and when the public will be consulted, and explain how public input has affected their planning decisions It mandates the inclusion of citizen representatives on municipal planning advisory committees - - People associate politics with partisanship, divisiveness, and unsavoury practices But it must be understood that all governments have a political role Humans have wants and needs that exceed the resources available to provide them Governments must resolve this dilemma by making choices about who gets what, when, where, why, and how - they must make political decisions This is equally true at the local level Divisions arise Example. urban vs rural interests, city and suburban, haves and have-nots, pro and antidevelopment The inevitability of politics has been colourfully expressed as follows: "Politics cannot be abolished. It can sometimes be repressed by denying people the opportunity to practice it, but it cannot be done away with because it is in the nature of man to disagree and to contend.” Municipalities need local democracy; planning decisions are ultimately political decisions Limits on Local Planning - municipal planning efforts are constrained by various external forces such as the province Provincial Limitations - provincial intervention and control over local planning Planning Act made provision for 6 comprehensive statements of provincial policy (almost like an Official plan for Ontario) required municipal planning to follow these policy statements Policy statements focused on economic growth rather than the environmental emphasis lThe provincial-local planning relationship has been contradictory provincial initiatives intrude into municipal planning activity Example. The Green Belt and Growth Centre initiatives and the provincial growth plan for the Greater Golden Horseshoe area revised PPS that seeks to limit growth in rural areas to serviced land Expansion of Greenbelt and increased emphasis on infill development are now in the works as a result of new report to expand Greater Golden Horseshoe Difficult to balance planning and political wants Areas within the Greater Golden Horseshoe that are not part of designated growth centres area are now disadvantaged Sentenced to “permanent small town status” Areas beyond south central Ontario feel even more neglected Fear they will not receive the financial assistance they need By restricting growth on land without piped water, the province has stopped their ability to grow results in low assessment and limited tax potential Federal Government Limitations - Example. federal financial assistance (Canada Mortgage and Housing Corporation) for single family dwellings and its contribution to the low density, sprawling urban development in Canada Federal immigration policy and not providing any financial assistance - - No help by federal government to develop strategy to deal with the polarized growth pattern in Canada (a few large areas of rapid growth and slow growth in the rest of the country) global competition constrains municipal actions “mobile companies often call the tune in their dealings with local governments and, in the process, they can cancel development plans, zoning rules, building code regulations, and even the taxes that are levied to support the city’s services” Concluding Comments - - While land is developed within a framework of planning policies and land use controls, its development is also dependent upon the provision of basic municipal services that make the land accessible and support its development Municipal servicing decisions represent another major influence over the value of land municipal actions are also constrained by external forces and intertwined with provincial and federal government activity QUIZ In the context of planning subdivisions, what does “severance” mean? A Simpler, less time consuming process for obtaining approval to develop part of the land ownership Planning decisions should be political decisions.
