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Ron Mattiussi MCIP Director of Planning and Corporate Services The City of Kelowna

Council As Land Use Decision Makers: Why and how we plan, statutory requirements, council/board staff and public roles. UBCM NEO 2006. Ron Mattiussi MCIP Director of Planning and Corporate Services The City of Kelowna Kelowna, BC, V1Y 1J4 (250) 469-8626 rmattiussi@kelowna.ca www.kelowna.ca.

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Ron Mattiussi MCIP Director of Planning and Corporate Services The City of Kelowna

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  1. Council As Land UseDecision Makers:Why and how we plan, statutory requirements, council/board staff and public roles. UBCM NEO 2006 Ron Mattiussi MCIP Director of Planning and Corporate Services The City of Kelowna Kelowna, BC, V1Y 1J4 (250) 469-8626 rmattiussi@kelowna.ca www.kelowna.ca

  2. Purpose To provide an overview of planning and the role of the planner and the tools they use : • What is Planning? • Why do we do it? • When did it start? • Who is involved? • How does it work?

  3. What is Planning? Urban and Regional Planning : • The need to think ahead to accommodate the city’s growth - deciding which lands should be built on, when and for what purpose (residential, commercial, industrial etc.) • The need to consider the developed areas and distinguish between areaswhere change isnot desiredand those where change is eitherunavoidableorneeded. The Canadian Encyclopaedia – Urban and Regional Planning, William Perks and P.J. Smith

  4. Why do we do it? Urban and Regional Planning: • The ultimate goal of planning is a satisfying (community defined) human made or natural environment. • Many factors influence the choice of desirable qualities at a particular time and place. • Planners are equally concerned about protecting natural environments from the adverse effects of human use and protecting people from “risk” environments. The Canadian Encyclopedia – Urban and Regional Planning, William Perks and P.J. Smith

  5. Priest (Director) Public White Bull and Cow Elected Official Early Roman City Planning Department ( circa 25 BC) Life was much more simple then. First the Dreaded History Lesson • 1 Ruler • 1 Master Builder • 95,000 Slaves =Priceless

  6. First the Dreaded History Lesson • Today= • 9 Rulers • 105,000 Masters • 1 Planning Director (i.e. slave)

  7. When did it start? Early Modern Era • The Modern Planning Profession arose from the problems of the Industrial Revolution. • The City Beautiful Movement (reformers) 1890’s separating the homes from the factories and building parks in cities. • Early Planners were Architects, Engineers and Public Health Officials. Commission of Conservation Dr. Charles Hodgetts-Public Health Committee and Thomas Adams Canada’s First Planner

  8. The Reformer It must be considered that there is nothing more difficult to carry out, nor more doubtful of success, nor dangerous to handle, than to initiate a new order of things... For the reformer has enemies in all those who profit by the old order, and only lukewarm defenders in all those who would profit by the new order. Machiavelli, The Prince

  9. Purpose To provide an overview of planning and the role of the planner/Council/Board and the tools they use: • What is Planning? • Why do we do it? • When did it start? • Who is involved? • How does it work?

  10. Council Who is involved? Council/Regional Board Political Foundations of Planning: • It is rarely possible to demonstrate that an action taken for a desired future will benefit an entire community. • Planning is a matter of trying to decide which of many competing interests is more deserving, while also treating everyone in a fair and reasonable manner • The ultimate planning decisions must be political decisions. The Canadian Encyclopedia – Urban and Regional Planning, William Perks and P.J. Smith

  11. Who is involved? Community Planning-The Profession • Town Planning Institute (1919-1932) (Thomas Adams) 18 members • Town Planning Institute (1952) 60 members • Canadian Institute of Planners (1974) 2,000 members • Today there are 6,000 members The profession is based on: • A body of knowledge separate from other knowledge • Standards of professional conduct • The enforcement of standards • Right to Title The Canadian Encyclopedia – Urban and Regional Planning, William Perks and P.J. Smith

  12. The Public Who is involved? The Public’s Responsibility: Keep informed. Understand the process. Participate in the Plan/Policy development process. Consider the community wide and neighbourhood interests. Provide views in an appropriate manner.

  13. Who is involved and How does it work? The Planner’s primary role is to provide Council with: • Quality Information • Data • Trends • Community dynamics • A sound analysis of problems or opportunities • Options (Social, Environmental, Economic) • Relevant criteria to make a decision • Model • Concepts • Principles • A Recommendation, Strategy, Plan, Policy, Program.

  14. Traditional or Typical Planning Departments L. A. King-Forsythe Director of Planning Planner 3 Planner 2 Planner 1 Planning Analyst Planning Technician Planning Clerk Paul E. Anna Manager of Long Range Planning N.O.(Tom) Morrow Manager of Current Planning Who is involved and How does it work?

  15. Quality of Life Livable Communities Quality of Life Livable Communities Financial Perspective Striving for Sustainable Development Social and Community Issues Community Education Governance Issues Community Capacity Building Planning is taking a broader perspective… more action oriented

  16. Community Planner Core Services Who is involved and How does it work? Source: Terry Crowe- City of Richmond

  17. The Planning Part The Process Part Who is involved and How does it work?

  18. OFFICIAL COMMUNITY PLAN SECTOR PLANS Community Interests Special Interests AREA STRUCTURE/ AREA PLANS Individual Interests ZONING BYLAW The Relationship Between Land Use Plans, Council Policy and Zoning STRATEGIC PLAN / COUNCIL POLICY REGIONAL GROWTH STRATEGY How does it all work?

  19. S&DB LGA LTA OCP ZB ALR A.A.C. APC HPB HAP HERIT. COM. Council City of Kelowna BOV Development Process: An Overview Who is involved and How does it work? Regional Growth Strategies

  20. LOCAL GOV.’T ACT In B.C., all Official Community Plans, Zoning Bylaws and all development approval processes (except the subdivision of land) are prepared and adopted within the statutory provisions of the Local Government Act of the provincial legislature. Who is involved and How does it work?

  21. OFFICIAL COMMUNITY PLAN The OCP is a policy tool of Municipal Governments for land use planning. Community Plans provide a degree of certainty about the location and nature of community change to residents and landowners. It directs Council when making zoning or servicing decisions. Who is involved and How does it work?

  22. ZONING BYLAW Zoning Bylaws regulate land uses and implement the O.C.P. The zoning bylaw divides the municipality into zones and 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 and structures are compatible. Who is involved and How does it work?

  23. Council The Public ZB OCP Who is involved and How does it work? Council sets overall land use/ development policy and direction in the OCP and implements that direction through the zoning bylaw. When considering development applications Council must consider OCP policy, staff recommendations and public input.

  24. Council The Public ZB OCP Who is involved and How does it work? Not Subdivision Approval City Council or the Regional Board is responsible for: Rezoning applications (after a public hearing has been held.) Development permits (may be delegated) Commercial/Industrial Multi-family Residential Natural Environment/Hazardous Condition Development Variance Permits Heritage Revitalization/Alteration Permits (may be delegated) Agricultural Reserve Applications

  25. Who is involved and How does it work? The Public Referrals Council The Planner is responsible for: Preparation of the OCP and other land use plans. Providing technical planning advice to Council and other City Depts. Ensuring effective public participation in the planning process. Approving Development Permits (delegated by Council) Subdivision Approving ( in some communities)

  26. REZONING LGA The Public Referrals APC Council Who is involved and How does it work? The revision of the City zoning bylaw and in order to account for changing public interest and/or the changing community environment. Rezoning typically changes the allowed density and/or permitted uses on a property

  27. Pre-Application Meeting with Staff APPLICATION Submitted & Circulated EVALUATION & ASSESSMENT SERVICING AGREEMENT DRAFTED * COUNCIL INITIAL CONSIDERATION (first reading) FINAL ADOPTION SERVICING AGREEMENT EXECUTED and SECURITY RECEIVED Technical Review 1WEEK CONSIDERATION BY ADVISORY PLANNING COMMISSION 5 WEEKS * No Public Hearing for Com/Ind. which conforms to OCP 5-6 WEEKS PUBLIC HEARING & 2ND/3RD READING REZONING City of Kelowna 1-52 WEEKS Development Process:

  28. Who is involved and How does it work? SUBDIVISION LTA The Public Referrals Subdivision is: • the creation of severalproperties from one or more existing properties, • the realignment of existing property lines, • or the consolidation of two or more properties into one. • Subdivisions under the Land Titles Act require the approval of the “Approving Officer”.

  29. Who is involved and How does it work? SUBDIVISION The Public Referrals The Approving Officer: • Created under sections 77, 77.1,77.2 and 77.3 of the Land Titles Act. • Municipal Council must appoint an A.O., Regional Districts may request. • The Approving Officer is a statutory officialwith separate and independent jurisdiction from local government. Local Government Management Association of British Columbia Part 1 - Page 2 of 8 (November 2003)

  30. Who is involved and How does it work? SUBDIVISION The Public Referrals The Approving Officer: • Independentlyensures the subdivisions are in accordance with provincial statutes and regulations and local government bylaws regulating subdivision and zoning. • There are few guidelines, wide discretion to approve or refuse a subdivision plan and frequent litigation. Local Government Management Association of British Columbia Part 1 - Page 3 of 8 (November 2003)

  31. Who is involved and How does it work? SUBDIVISION The Public Referrals • Role of Council or Regional Board • Powers to regulate subdivision are restricted • Part 26 of the LGA allows for the creation of • subdivision servicing and zoning bylaws and issues development and development • variance permits. • Local Government may determine the amount and location of Parkor whether money must be provided for park purposes. Local Government Management Association of British Columbia Part 1 - Page 4 of 8 (November 2003)

  32. Who is involved and How does it work? SUBDIVISION The Public Referrals Independence from the council is important to the objectivity of the Approving Officer. “No delegation of the Approving Officers responsibilities or discretion (to the council or otherwise) is allowed under provincial legislation.” Local Government Management Association of British Columbia Part 1 - Page 4 of 8 (November 2003)

  33. EVALUATION & ASSESSMENT SUBDIVISION Pre-Application Meeting with Staff APPLICATION FOR PRELIMINARY LAYOUT R EVIEW (including Site Profile) Technical Review 2 WEEKS MEETING WITH APPLICANT 5 WEEKS PRELIMINARY LAYOUT REVIEW LETTER 4 WEEKS CONSTRUCTION DRAWINGS APPROVED 0-26 WEEKS SERVICING AGREEMENT EXCECUTED & SECURITY RECEIVED APPLICATION FOR SUBDIVISION APPROVAL City of Kelowna SUBDIVISION APPROVED & SUBMITTED TO L.T.O. FOR REGISTRATION Development Process:

  34. Issues • NIMBY • Understanding that there is a difference between stopping “Growth” and stopping “Change”. • Social Issues will become more prominent. • Trying to figure out what “sustainability” means to your community.

  35. Purpose To provide an overview of planning and the role of the planner/Council/Board and the tools they use: • What is Planning? • Why do we do it? • When did it start? • Who is involved? • How does it work? Thank you… Any more questions?

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