Planning, Development &
Assessment
1
Onward/ Working together for citizens.
PDA does
lots of work
650
people
170,000 applications
240,000 inspections
63,000 counter visits
166,000 phone inquiries
567,000 web visits
50,000 eService transactions
1 YEAR
Onward/ Working together for citizens.
2
PDA does
lots of work
one
call
one
counter
visit
one
inspection
Onward/ Working together for citizens.
every
58
every
2
every
2
seconds
minutes
minutes
3
PDA workloads are
increasing
300000
250000
Applications
200000
Inspections
150000
Counter Visits
Phone Inquiries
100000
eService Transactions
50000
0
2005
2006
2007
2008
2009
2010
2011
2012
2013
(est)
4
Onward/ Working together for citizens.
PDA and
Council
POLICIES
Council
Approves
PDA
Approves
LAND USE BYLAW
LAND USE REDESIGNATIONS
OUTLINE PLANS
SUBDIVISION APPROVALS
DEVELOPMENT PROPOSALS
CONSTRUCTION APPROVALS
USE & TENANT CHANGES
BUSINESS LICENCES
Onward/ Working together for citizens.
5
PDA is funded
largely by fees
Cost recovery since 2005
$76m from fees
$34m from taxes
in 2013
6
Onward/ Working together for citizens.
PDA works
efficiently
75% approved instantly
23% approved within 3-20 days
1% approved >21 days
7
Onward/ Working together for citizens.
Policy
8
Province
Land Use Planning Framework
Municipal Government Act Part 17
Alberta Land Stewardship Act (ALSA)
Subdivision and
Development Regulation
Alberta Building Code
South Saskatchewan Regional Plan (SSRP)
Municipality
Calgary
Metropolitan
Plan (CMP)
Intermunicipal
Development
Plan (IDP)
9
Onward/ Working together for citizens.
Calgary Metropolitan Plan
14 Member Municipalities
Not: Rocky View County
MD of Foothills
Awaiting Approval
10
Onward/ Working together for citizens.
Intermunicipal Development Plan
Consensus on land use & development
2 IDP’s in place:
Rocky View County
MD of Foothills
IDP with Chestermere under way
11
Onward/ Working together for citizens.
Municipality
Province
Land Use Planning Framework
Municipal Government Act Part 17
Alberta Land Stewardship Act (ALSA)
Subdivision and
Development Regulation
Alberta Building Code
South Saskatchewan Regional Plan (SSRP)
Calgary
Metropolitan
Plan (CMP)
Municipal
Development
Plan (MDP)
Intermunicipal
Development
Plan (IDP)
Land Use
Bylaw
Infill
Guidelines
Heritage
Strategy
Onward/ Working together for citizens.
12
MDP and CTP
13
Onward/ Working together for citizens.
MDP – 7 Goals
1.
2.
3.
4.
5.
6.
7.
Prosperous economy
Compact city
Great communities
Good urban design
Connecting the city
Greening the city
Managing growth and change
14
Municipality
Province
Land Use Planning Framework
Municipal Government Act Part 17
Alberta Land Stewardship Act (ALSA)
Subdivision and
Development Regulation
Alberta Building Code
South Saskatchewan Regional Plan (SSRP)
Calgary
Metropolitan
Plan (CMP)
Municipal
Development
Plan (MDP)
Intermunicipal
Development
Plan (IDP)
Land Use
Bylaw
Infill
Guidelines
Heritage
Strategy
Onward/ Working together for citizens.
Regional
Policy Plan
15
Regional Policy Plan
Coordinate planning
High level land use
Regional networks
Regional facilities
Onward/ Working together for citizens.
16
Municipality
Province
Land Use Planning Framework
Municipal Government Act Part 17
Alberta Land Stewardship Act (ALSA)
Subdivision and
Development Regulation
Alberta Building Code
South Saskatchewan Regional Plan (SSRP)
Calgary
Metropolitan
Plan (CMP)
Municipal
Development
Plan (MDP)
Area Structure
Plan (ASP)
Intermunicipal
Development
Plan (IDP)
Land Use
Bylaw
Area
Redevelopment
Plan (ARP)
Infill
Guidelines
Heritage
Strategy
Onward/ Working together for citizens.
Regional
Policy Plan
Special Study
17
Local Area Plans
General land use
Transportation
Servicing
Community facilities
Onward/ Working together for citizens.
18
Local Area Plans
Redevelopment of existing
areas
Uses, intensity, height
Transportation
Infrastructure
Amenities, open space
Public engagement
Onward/ Working together for citizens.
19
Province
Land Use Planning Framework
Municipal Government Act Part 17
Alberta Land Stewardship Act (ALSA)
Alberta Building Code
South Saskatchewan Regional Plan (SSRP)
Calgary
Metropolitan
Plan (CMP)
Municipality
Subdivision and
Development Regulation
Intermunicipal
Development
Plan (IDP)
Municipal
Development
Plan (MDP)
Area Structure
Plan (ASP)
Land Use
Bylaw
Area
Redevelopment
Plan (ARP)
Infill
Guidelines
Heritage
Strategy
Onward/ Working together for citizens.
Land Use (Re-)Designation
Subdivision
Regional
Policy Plan
Special Study
Outline Plan
20
Area Structure Plan (ASP)
21
Onward/ Working together for citizens.
Area Structure Plan (ASP)
22
Onward/ Working together for citizens.
Outline Plan / Land Use
23
Onward/ Working together for citizens.
Development Permit
24
Onward/ Working together for citizens.
Province
Land Use Planning Framework
Municipal Government Act Part 17
Alberta Land Stewardship Act (ALSA)
Alberta Building Code
South Saskatchewan Regional Plan (SSRP)
Calgary
Metropolitan
Plan (CMP)
Municipality
Subdivision and
Development Regulation
Intermunicipal
Development
Plan (IDP)
Municipal
Development
Plan (MDP)
Area Structure
Plan (ASP)
Land Use
Bylaw
Area
Redevelopment
Plan (ARP)
Infill
Guidelines
Heritage
Strategy
Onward/ Working together for citizens.
Land Use (Re-)Designation
Subdivision
Regional
Policy Plan
Special Study
Outline Plan
25
Land Use Bylaw Overview
26
Planning in Alberta
•
Statutory Plans
•
Municipal Development Plan – states the aspirations / goals of the
Municipality
•
Area Structure Plans & Area Redevelopment Plans – Implement the MDP
by stating future land use
•
Non Statutory Plans & Policies
•
Land Use Bylaw
•
Land Use Districts – Council Decision
•
Development Permits – Administration / CPC
27
Laurie Kimber – Land Use Bylaw Overview
‘Zoning’ and ‘Planning’
Planning is:
•
•
A deliberate activity, has goals and solves broad issues
Involves the development of a strategy.
Land Use District / Zoning is:
•
Reactive / responsive to developer requests and policy
•
Manages development activity and day to day operational problems.
•
Is used with Council policy to implement plans
28
Laurie Kimber – Land Use Bylaw Overview
Legal concepts inherent in
zoning
•
Longstanding relationship between the law and the theoretical foundations of
zoning.
•
Common law foundations include concepts such as trespass, nuisance and
riparian rights.
•
Overall, a landowners ability to use her land is balanced by the impact on the
adjacent landowners and the greater public good
29
Laurie Kimber – Land Use Bylaw Overview
History
•
The first city-wide zoning bylaw was adopted in New York city in 1916
•
The rights of a municipality to regulate land use and development was upheld
by the US Supreme Court in 1926
•
In 1929 Alberta approved the Town Planning Act, the first legislation in Alberta
that was used by municipalities to implement zoning bylaws
•
Calgary adopted its first zoning bylaw in 1935
30
Laurie Kimber – Land Use Bylaw Overview
Municipal Government Act
•
A municipality’s authority to plan is from Part 17 of the Municipal Government
Act (MGA).
•
The MGA requires a municipality to pass a land use bylaw.
•
A land use bylaw is similar to a zoning bylaw.
•
‘Land use’, introduced in 1977, is a hybrid system that combines zoning with
elements of development control.
•
The MGA lists what a LUB can regulate
•
Very broad powers are given to municipalities
31
Laurie Kimber – Land Use Bylaw Overview
What is a ‘land use bylaw’?
• Alberta’s hybrid version of a ‘zoning bylaw’
• Combination of zoning and development control
• System for application of land use ‘districts’ or ‘zones’
• Rules for development and subdivision
• Administration of development permits
Zoning
Development Control
Right of approval
Right of decision
Certainty of decision
Greater uncertainty
Little flexibility
Flexible
Promotes uniformity
Implements general policy
32
Laurie Kimber – Land Use Bylaw Overview
Characteristics of a LUB
The MGA requires that a Land Use Bylaw:
• Divide the municipality into land use districts
• Specify a list of uses that are Permitted in the district
Permitted = Zoning
• Specify a list of uses that are Discretionary in the district
Discretionary = Development Control
• Establish a system for development permit decisions
33
Laurie Kimber – Land Use Bylaw Overview
What is ‘development’?
• Development is:
• Excavation of land or stockpiling of material
• Change in the use of land or a building (e.g. residential to
commercial)
• Change in the intensity of use of land or a building (e.g. a small
restaurant moving to a big restaurant)
• The construction of anything - buildings, additions, renovations
• Development is called a “use” in the LUB
34
Laurie Kimber – Land Use Bylaw Overview
Components of the LUB
1. BOOK OF TEXT
• Administration
• Overlays / Universal rules
• Uses
• Districts
35
Laurie Kimber – Land Use Bylaw Overview
Components of the LUB
2. MAPS
• Land Use District Maps
• Floodway / Flood Fringe
Maps
• Developed Area and
Developing Area Maps
• Parking Areas Map
36
Laurie Kimber – Land Use Bylaw Overview
Components of the LUB
3. DIRECT CONTROL (DC) BYLAWS
• DC Bylaws form part of the Land Use Bylaw
(but aren’t in the book)
• For site specific land uses, applied where
there is no standard district that is suitable,
or when Council chooses to exercise
“particular control”
• There are “usage guidelines”
• There is a standard format for DC Bylaws
37
Exempt developments
• Many developments are exempt from a DP because they are less
significant
• Exempt developments include:
• Home based businesses
• Fences, driveways, decks, patios, garages, maintenance, some
additions, single detached dwellings in new communities, hot tubs,
various municipal projects, etc.
38
Laurie Kimber – Land Use Bylaw Overview
Permitted and Discretionary Uses
• Permitted Uses are usually simple forms and low impact uses in
straightforward contexts with few rules
• Single/semi detached dwellings
• Change of use in existing building
• Discretionary Uses are more complex forms and higher impact uses in
widely varying contexts
• Challenging to develop rules that cover all contexts
• Approval Guided by policy
• Higher impact use (e.g. drinking establishments)
39
Laurie Kimber – Land Use Bylaw Overview
Development Authority
• Makes decisions on applications for ‘uses’
• Permitted uses must be approved if the rules are met
• Discretionary uses can either be approved or refused
• Development Authority can vary the rules in the LUB provided there is
rationale for doing so
• Commonly referred to as a “relaxation” or “variance”
• Development Authority may require more than required in the LUB, or
can implement Council policy using variable approaches depending on
context
40
Laurie Kimber – Land Use Bylaw Overview
Nature of discretionary uses
• Good development that doesn’t meet any rules is approved
• Poor development that does meet the rules can be refused
• Facilitates communication and community involvement in development
permits
• Each Discretionary DP is circulated to Councillors
41
Laurie Kimber – Land Use Bylaw Overview
Development Permits
• Development Permits are approved by the Development Authority Planner, CPC or SDAB
• Can be approved with conditions
• Development Permits remain valid for the life of the development, unless
amended through a new development permit or have changes that are
exempted
42
Laurie Kimber – Land Use Bylaw Overview
“Uses”
“
• Definitions that are neither too broad or too narrow
• Use definitions regulate:
• Intrinsic use
• Size & performance characteristics
• Definitions change with policy, issues, technology, and society.
• Use definitions include rules that are consistently applied in all contexts
• Cannot regulate the user or tenancy, only the use
43
Laurie Kimber – Land Use Bylaw Overview
Examples of development
Garage suite
Cottage type housing
Development that is both a “form”
and a “use”
44
Laurie Kimber – Land Use Bylaw Overview
Land Use Redesignation
• Land Use Redesignation is the process that changes the district or zoning
on a parcel. Only Council can redesignate through a public hearing.
• When can land be redesignated?
• When the owner of the land submits an application
• When the City initiates the application when proposed together
with a planning study, such as an Area Redevelopment Plan
45
Laurie Kimber – Land Use Bylaw Overview
Rules governing all districts
• Some general rules apply to all development, including exempt
development:
•
•
•
•
•
•
Road widening setbacks
Airport rules
Floodway, Flood Fringe, Overland Flow Area
Lighting
Signs
Car & bicycle parking, loading
46
Laurie Kimber – Land Use Bylaw Overview
Policy and land use districts
• Council Policy, sound land use planning and development principles
guide the choice of land use district
• Land Use Districts are tools Council uses with policy guidance to
implement policy
47
Laurie Kimber – Land Use Bylaw Overview
Land Use Districts
All have general General Rules
•
•
•
•
•
Landscaping
Specific parking rules
Visibility setbacks
Recycling facility rules
Screening
Format:
• Purpose
• Permitted uses
• Discretionary uses
• Rules
48
Laurie Kimber – Land Use Bylaw Overview
Key concepts
• Only Council can change land use districts
• Policy guides recommendations
• Administration & CPC approve development permits
• The LUB is a “living document”
49
Laurie Kimber – Land Use Bylaw Overview
The Land Use Bylaw
• Hard Copy
• Online http://lub.calgary.ca/
• Land Use Bylaw Team
• Laurie Kimber 268-3585
50
Laurie Kimber – Land Use Bylaw Overview
Calgary Planning
Commission
51
 Applications for Subdivision to be
Referred for Decision
1. Subdivision
A

All Outline Plans for review and decision
B

Tentative Plans which are not in
conformity with approved Outline Plans.
C

Decision on the disposition of Reserve
Land.
2. Disposal Of
Reserve
Land

Consideration of requests to dispose of
dedicated reserve land for referral with
recommendation to Public Hearing of
Council for decision.
3. Road And
Lane
Closures

Consideration of proposed road and lane
closures for referral with recommendations
to Public Hearing of Council.
52
 Review of Planning Policy Documents
1. Statutory And
Non-statutory
Policy
Documents
A

Review, revise and comment on all draft
statutory (MDP, ASP’s and ARP’s) and nonstatutory planning policy documents.
B

Review and make recommendations on all
amendments to approved planning policy
documents.
2. Land Use
Bylaw
A

Review, revise and comment on the
Land Use.
B

Review and comment on any application for
land use redesignation.
53
 General Planning Matters
1. General Planning
Matters
 Identify Issues or consider reports
received from Administration
respecting planning concerns
including potential policy gaps or
changes in planning trends.
54
 Development Permit Applications to be
Referred For Decision
1.
2.
Residential
Development
Commercial
Development
A 
Multi-dwelling developments on sites in
situated in areas not subject to any Council
approved statutory or non-statutory policy
document.
B 
All developments recommended for approval
by the Development Officer which in the
opinion of the Development Officer,
represents a significant conflict with an
approved non-statutory policy documents for
the area.
A 
Developments within the Centre City which
require the use of bonus provisions.
B 
Major Shopping Centres, Retail Stores and
Supermarkets if the gross floor area is over
7000 sq. m. (75,350 sq. ft.).
55
 Development Permit Applications
To Be Referred For Decision - continued
3.
Station and TOD
Areas
A

4.
Urban Corridors

The initial five major
redevelopment projects within
a defined Urban Corridor.
All new and significant
redevelopment proposals
within adopted Station Plan
areas and defined TOD
areas.
56
 General Planning Matters
5. Direct Control
Sites

New development proposals on sites
designated.

Where specific Council guidelines require
Planning Commission approval.
6. Places of Worship – Large
7. Care Facilities

Addiction Treatment and Custodial Care
developments.
8. Gateway
Locations

Prominent sites in Gateway Locations.
57
 General Planning Matters - continued
9. Civic
Projects






Major light rail transit stations;
Bridges
Interchanges
Major Buildings
Pedestrian Malls
Major Parks
10. Exemplary
Projects

Developments which, in the opinion of the
Development Officer; are pertinent, having
regard to major impact, discretion and/or
precedent policy, or which are exemplary
projects for the information of Planning
Commission.
58
 General Planning Matters - continued

Recommendations on land use change, policy
change, new policy documents, and other planning
related reports forwarded to Council for decision.

Calgary Planning Commission Reports to Council
Statistics:
YEAR

2012
2013*
Reports presented to CPC
152
145
CPC reports to Council
* As of October 13, 2013
90
101
Processing times vary 3.5 to 4 months minimum –
average 6 months
59
Public Hearing
60
 Public Hearing Preparation (Legislative
Services)

Quality Control of reports

Notifications and Preparation of Public
Hearing ads

Preparation of Public Hearing portion of
agenda for City Clerk
61
 Public Hearing
Types of Reports:




Land Use Amendments
Amendments to Policy Documents/LUB
New Policy Documents – Road Closure, MR disposal
Also items of Planning interest, Community Street names.
Report to Council format:


Summary report , bylaws, CPC report, public submissions,
The report formats will be changing in the new year.
What Council doesn’t consider:


Outline Plans
Development Permits
62
 Public Hearing continued
Council Report Samples:
• Summary Page
• Bylaw Page
63
 Public Hearing continued
Council Report Samples:
• Summary Page
64

Public Hearing continued
Council Decision:

Amendments – simple
o complex – recommend tabling

Consequence of making changes on the fly.
65
PUBLIC HEARING - LEGAL OVERVIEW
66
GENERAL LEGAL
CONSIDERATIONS
- City Council is a statutory decision maker and
must follow all legislative and common law
requirements
- Procedure is governed by the Municipal
Government Act (MGA), Procedure Bylaw and
common law
67
LEGISLATIVE
REQUIREMENTS
• Council acts through bylaw or resolution
• The MGA requires Council to advertise and hold a public
hearing prior to voting on certain resolutions and second
reading of certain bylaws
– Example: land use redesignations and statutory plans
• Failure to comply = successful legal challenge
• Council voluntarily advertises and holds public hearings prior to
voting on other matters
– Non - Statutory public hearings
– Example: Regional Context Studies and Infill Housing Guidelines
68
LEGISLATIVE REQUIREMENTS
CON’T MGA s. 230
• During a public hearing, Council:
– must hear any person, group of persons, or
person representing them, who claims to be
affected by the proposed bylaw or resolution and
who has complied with the procedures outlined
by the council; and
– may hear any other person who wishes to make
representations and whom the council agrees to
hear
69
PUBLIC
REPRESENTATIONS
• Verbal submissions
– 5 minute time limit (Procedure Bylaw)
– Green, yellow, red light system
– Can be extended – suspend Procedure Bylaw (2/3 10
vote)
– Can only speak once: no rebuttal
• Written submissions
– Deadline for submissions: Procedure Bylaw 50(2)
– Additional distributions during the meeting with the
consent of the Mayor
70
MAKING A DECISION – MGA 230(5)
• After considering representations made at a
public hearing and any other matter it
considers appropriate, Council may:
– Pass the bylaw/resolution
– Make an amendment
– Defeat the bylaw/resolution and move to file the
report and abandon the defeated bylaw
71
BYLAW AMENDMENTS
• Bylaw amendments:
– are made prior to second reading (Procedure Bylaw)
• examples: amendments to maps, use listing and rules
– do not require re-advertising, unless the amendment
is a material change
– In the case of a material change, the public must be
given notice of the amendment and an opportunity to
address Council through a public hearing
72
COUNCIL’S OBLIGATIONS
• All participants have a right to a fair hearing:
– Members of the public have a reasonable opportunity to state position
– Councillors must be unbiased: must be amenable to persuasion
– Councillors must be present for at least a portion of the public hearing
in order to vote
– City Council has a duty to process/decide upon an application
– Decision must be based on evidence provided during a public hearing
• Taking a view – likely fine
• Evidence gathered outside of the hearing – could be problematic
– Lobbying
– Information by staff and third parties
73
MISCELLANEOUS LEGAL PUBLIC
HEARING ISSUES
• Jurisdiction
– As conferred by legislation
– No decision making authority over Subdivision and
Development Permit applications or related matters
• Downzoning
– Compensation and duty to acquire (s 644 MGA)
• Tabling prior to holding a public hearing: table to
a specific date
74
MISCELLANEOUS LEGAL
PUBLIC HEARING ISSUES CON’T
• Conduct during Public Hearings:
– Gallery
– Procedural concerns: raise point of order
• In Camera Proceedings
• Reason
• Risk
• Confidentiality
• Pecuniary Interest
75
Subdivision and Development
Appeal Board (SDAB)
• City Council appoints members of the SDAB
• Independent quasi-judicial tribunal
• Implement Council direction through appeals
• Appellate body for:
– Development permits
– Subdivisions and
– Planning enforcement orders
76
APPEAL PROCESSES
• Council Decisions
City
Council
Court of
Queen’s
Bench
Court of
Appeal
Supreme
Court of
Canada
• Development Permits/Subdivisions/Orders
Development
/Subdivision
Authority
SDAB
Court of
Appeal
Supreme
Court of
Canada
77