geog 442 day 26: planning tools and prospects. housekeeping items if rich has gotten his conclusion...

GEOG 442GEOG 442

Day 26Day 26: Planning Tools and : Planning Tools and ProspectsProspects

Housekeeping ItemsHousekeeping Items If Rich has gotten his conclusion in, Caitee If Rich has gotten his conclusion in, Caitee

has successfully completed the project has successfully completed the project document. It's too bad there's not more time document. It's too bad there's not more time to produce a poster for the Sustainability Fair. to produce a poster for the Sustainability Fair. Thanks to all.Thanks to all.

Does anyone have any time to volunteer at Does anyone have any time to volunteer at the Geography table at the Sustainability the Geography table at the Sustainability Fair, especially between 1:00 and 2:30?Fair, especially between 1:00 and 2:30?

““Healthy By Design: Transportation & Healthy Healthy By Design: Transportation & Healthy Built Environments” at 7 p.m. Thursday at Built Environments” at 7 p.m. Thursday at Vancouver Island Convention Centre. Guest Vancouver Island Convention Centre. Guest Speakers: Dr. Lawrence Frank, UBC and Speakers: Dr. Lawrence Frank, UBC and Mark Holland, HB Lanarc ConsultantsMark Holland, HB Lanarc Consultants

Housekeeping ItemsHousekeeping Items Today, I will briefly go through Chapters 7 and Today, I will briefly go through Chapters 7 and

8, & a little of 9, and then we will review for the 8, & a little of 9, and then we will review for the exam. The last exam covered up to page 98.exam. The last exam covered up to page 98.

The exam is scheduled for Wednesday, April The exam is scheduled for Wednesday, April 1515thth at 9 a.m. :( in Building 380, Room 134 (the at 9 a.m. :( in Building 380, Room 134 (the lecture hall). This one will cover the rest, with a lecture hall). This one will cover the rest, with a similar format.similar format.

We haven't focused on the book as much as We haven't focused on the book as much as might have been desirable, but it wasn't a lot of might have been desirable, but it wasn't a lot of reading and all the notes are on the web. I reading and all the notes are on the web. I would review those, along with the material I would review those, along with the material I put on reserve.put on reserve.

I would also like to review what you liked and I would also like to review what you liked and didn't like about the course.didn't like about the course.

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Chapter 7: Planning as Chapter 7: Planning as Development ControlDevelopment Control

Development control is older than land use Development control is older than land use planning. Its scope “is extraordinarily wide, from planning. Its scope “is extraordinarily wide, from regulating the siting of an international airport to regulating the siting of an international airport to requiring a permit to cut down down and replant requiring a permit to cut down down and replant a tree.” Though essentially ‘negative,’ not pro-a tree.” Though essentially ‘negative,’ not pro-active, it can have very positive benefits.active, it can have very positive benefits.

““...development control covers all aspects of ...development control covers all aspects of siting, sizing and environmental impact of any siting, sizing and environmental impact of any type of land use. The rationale…may include the type of land use. The rationale…may include the full range of ‘public interest,’ from health and full range of ‘public interest,’ from health and safety to economic viability and social safety to economic viability and social desirability.”desirability.”

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““The predominant development control The predominant development control instrument in the United States and Canada is instrument in the United States and Canada is zoning…. Although there are numerous other zoning…. Although there are numerous other planning instruments such as subdivision planning instruments such as subdivision control, and site plan control, these are really control, and site plan control, these are really extensions and refinements, both in extensions and refinements, both in substantive and procedural terms, of zoning.”substantive and procedural terms, of zoning.”

In addition, there are other tools: building In addition, there are other tools: building codes, traffic bylaws, and property mainten-codes, traffic bylaws, and property mainten-ance bylaws, which play an important role, but ance bylaws, which play an important role, but which are not the planner’s responsibility per which are not the planner’s responsibility per se.se.

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Zoning was first used in Germany towards the end Zoning was first used in Germany towards the end of the 19th century, and it has been used in the U.S. of the 19th century, and it has been used in the U.S. and Canada since early in the 20th.and Canada since early in the 20th.

Zoning is a form of ‘police power’: “the government, Zoning is a form of ‘police power’: “the government, in protecting the public interest, can apply certain in protecting the public interest, can apply certain limitations to the use and development of private limitations to the use and development of private land without the need to compensate for the owner’s land without the need to compensate for the owner’s loss due to limitations.”loss due to limitations.”

If these limitations are overly severe (called a If these limitations are overly severe (called a “taking” in the U.S. public and judicial debates over “taking” in the U.S. public and judicial debates over property rights), then government has to property rights), then government has to compensate the property owner. In Canada, compensate the property owner. In Canada, property rights don’t exist to the same degree.property rights don’t exist to the same degree.

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““Zoning ordinances, as they are called in the U.S. (or Zoning ordinances, as they are called in the U.S. (or bylaws in Canada) are laws enacted by the local bylaws in Canada) are laws enacted by the local legislature (municipal councils) which delineate uses legislature (municipal councils) which delineate uses for the entire municipality…” Ideally, these are based for the entire municipality…” Ideally, these are based on an on an official community planofficial community plan (OCP). They can be (OCP). They can be applied with too little flexibility (too rigid, limiting mixed applied with too little flexibility (too rigid, limiting mixed use and innovation) or too much (making a mockery use and innovation) or too much (making a mockery of community goals for the benefit of developers).of community goals for the benefit of developers).

Originally applied in Frankfurt in 1891, they were Originally applied in Frankfurt in 1891, they were intended to improve living conditions for workers by intended to improve living conditions for workers by regulating density and massing (or bulk). Control of regulating density and massing (or bulk). Control of land use was only a secondary concern. The practice land use was only a secondary concern. The practice soon spread throughout North America.soon spread throughout North America.

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Zoning built upon existing ‘police powers’ to control Zoning built upon existing ‘police powers’ to control nuisance in the U.S., but the first comprehensive nuisance in the U.S., but the first comprehensive zoning ordinance was implemented in New York in zoning ordinance was implemented in New York in 1911, and divided the city into three zones: 1911, and divided the city into three zones: residential, commercial, and uncontrolled. The residential, commercial, and uncontrolled. The original impetus was to get garment factories out of original impetus was to get garment factories out of a fashionable Fifth Avenue commercial area. The a fashionable Fifth Avenue commercial area. The law controlled building heights, which in turn (so the law controlled building heights, which in turn (so the proponents thought) would limit undesirable land proponents thought) would limit undesirable land uses through the cost of land.uses through the cost of land.

Zoning was upheld as a legitimate police power by Zoning was upheld as a legitimate police power by the Supreme Court in 1926, and soon spread.the Supreme Court in 1926, and soon spread.

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Though developed to improve workers’ conditions in Though developed to improve workers’ conditions in Germany, it has been intended to address many issues in Germany, it has been intended to address many issues in North America:North America:

-improve living conditions (adequate light and air)-improve living conditions (adequate light and air)-distribute needed public facilities-distribute needed public facilities-limit the development of skyscrapers-limit the development of skyscrapers-promote fire, health, and traffic safety-promote fire, health, and traffic safety-stabilize land prices-stabilize land prices-to segregate land uses and to exclude locally undesirable -to segregate land uses and to exclude locally undesirable

land uses (LULUs).land uses (LULUs). The ‘hidden agenda’ of zoning has often been to exclude The ‘hidden agenda’ of zoning has often been to exclude

undesirable groups (by race or class), and this practice – undesirable groups (by race or class), and this practice – though still common – has been challenged successfully though still common – has been challenged successfully in the courts (see Leung, pp. 215-216).in the courts (see Leung, pp. 215-216).

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What Does Zoning Cover?What Does Zoning Cover? Zoning specifies land use categories and the uses Zoning specifies land use categories and the uses

permitted under each category. The three main permitted under each category. The three main categories are usually: categories are usually: residentialresidential, , commercialcommercial, and , and industrialindustrial, but one can also have rural, recreational, , but one can also have rural, recreational, environmental protection, institutional, open space, environmental protection, institutional, open space, and mixed use.and mixed use.

With each category, there are often numerous sub-With each category, there are often numerous sub-categories (for instance, single-family, duplex, multi-categories (for instance, single-family, duplex, multi-family, etc.) or general commercial, highway family, etc.) or general commercial, highway commercial, or CBD. Under each category, there is commercial, or CBD. Under each category, there is usually a highly prescriptive list of permitted uses.usually a highly prescriptive list of permitted uses.

Sometimes (this was more common in the past), Sometimes (this was more common in the past), residential was restrictive, but industrial or residential was restrictive, but industrial or commercial could include other uses.commercial could include other uses.

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What Does Zoning Cover?What Does Zoning Cover? While zoning has had many benefits, it has been While zoning has had many benefits, it has been

described as a rather “blunt” land use planning described as a rather “blunt” land use planning instrument, and has often limited innovation and instrument, and has often limited innovation and facilitated sprawl and automobile dependence.facilitated sprawl and automobile dependence.

In addition to uses, it also usually regulates In addition to uses, it also usually regulates densitydensity of residential development (through of residential development (through floor area ratiofloor area ratio [FAR] – see chart on p. 219) and [FAR] – see chart on p. 219) and intensityintensity of other of other uses (number of employees per acre or hectare).uses (number of employees per acre or hectare).

Another limit is in the form of Another limit is in the form of site coveragesite coverage (amount (amount of space a building is allowed to take up on a lot). of space a building is allowed to take up on a lot). All of these things help control air and light, All of these things help control air and light, volumes of traffic, adequate space for parking and volumes of traffic, adequate space for parking and loading, and noise and environmental impacts.loading, and noise and environmental impacts.

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What Does Zoning Cover?What Does Zoning Cover? Another form of control is through regulation of lot Another form of control is through regulation of lot

sizes which, in theory, helps control the type of land sizes which, in theory, helps control the type of land use – for instance, housing type. Land use zones use – for instance, housing type. Land use zones are often based on outdated notions of societal are often based on outdated notions of societal needs and patterns – for instance, the ubiquity of needs and patterns – for instance, the ubiquity of the nuclear family.the nuclear family.

In general, there has been resistance on the part of In general, there has been resistance on the part of municipalities, developers, and the general public to municipalities, developers, and the general public to higher residential densities, though this is beginning higher residential densities, though this is beginning to change. Why do you think this is so?to change. Why do you think this is so?

One can argue, as Larry Frank from UBC does, that One can argue, as Larry Frank from UBC does, that modern zoning was a reaction to the horrors of the modern zoning was a reaction to the horrors of the industrial city (with the antipathy to density), and industrial city (with the antipathy to density), and that new solutions are needed for new conditions.that new solutions are needed for new conditions.

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What Does Zoning Cover?What Does Zoning Cover?

Zoning also regulates Zoning also regulates massingmassing (or bulk) – the form (or bulk) – the form of buildings, sometimes for aesthetic reasons and of buildings, sometimes for aesthetic reasons and setbacks from the front, side, and rear lot lines in setbacks from the front, side, and rear lot lines in order to provide adequate light, air, and privacyorder to provide adequate light, air, and privacy

It controls provision of parking, based on popula-It controls provision of parking, based on popula-tion, users, or floor space – for instance, 1.6 spaces tion, users, or floor space – for instance, 1.6 spaces per unit or 500 sq. ft. of commercial floor spaceper unit or 500 sq. ft. of commercial floor space

Zoning also often regulates minimum floor area of Zoning also often regulates minimum floor area of units, space for loading and unloading, permitted units, space for loading and unloading, permitted grade (slope), landscaping standards, design and grade (slope), landscaping standards, design and siting of signage, protection of views, control of siting of signage, protection of views, control of building exteriors, fencing, and accessory buildings building exteriors, fencing, and accessory buildings and uses.and uses.

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What Does Zoning Cover?What Does Zoning Cover? Sometimes land is put in a “holding” category or Sometimes land is put in a “holding” category or

designated as a designated as a development permit areadevelopment permit area until its use or until its use or regulations can be decided.regulations can be decided.

In the case of Vancouver (which has more power under the In the case of Vancouver (which has more power under the Vancouver CharterVancouver Charter), additional control is exercised through ), additional control is exercised through official development plansofficial development plans (ODPs) that regulate a whole (ODPs) that regulate a whole district. This enables the City to regulate urban design and district. This enables the City to regulate urban design and demand exactions and amenities from developers in demand exactions and amenities from developers in excess of what other municipalities can do. The City has excess of what other municipalities can do. The City has made extensive use of these powers on the north shore of made extensive use of these powers on the north shore of False Creek, and elsewhere in the cityFalse Creek, and elsewhere in the city

This reflects more of a British, as opposed to an American, This reflects more of a British, as opposed to an American, approach to planning. Under the American system of approach to planning. Under the American system of zoning, once an area is zoned for a particular land use it is zoning, once an area is zoned for a particular land use it is difficult to prevent a land use or development if it meets the difficult to prevent a land use or development if it meets the zoning requirements. zoning requirements.

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How Is Zoning Implemented?How Is Zoning Implemented? Zoning has the force of law, and contravention is Zoning has the force of law, and contravention is

tantamount to breaking the law. Municipalities can stop tantamount to breaking the law. Municipalities can stop uses and development, impose fines and other penalties, uses and development, impose fines and other penalties, and demolish structures or fix problems and bill the and demolish structures or fix problems and bill the landowner.landowner.

All new development and construction must conform with All new development and construction must conform with the zoning and building bylaws unless it has been the zoning and building bylaws unless it has been ‘grandfathered’ in as a ‘grandfathered’ in as a legal non-conforming uselegal non-conforming use (for (for instance, a residence in an office or commercial district). instance, a residence in an office or commercial district). If such a property is redeveloped in the future, it will tend If such a property is redeveloped in the future, it will tend to be brought into conformance with the zoning.to be brought into conformance with the zoning.

Most municipalities also haveMost municipalities also have Boards of Variance to pass Boards of Variance to pass judgement on minor deviations from the existing zoning judgement on minor deviations from the existing zoning in cases of site difficulty or hardship (lot size, shape, or in cases of site difficulty or hardship (lot size, shape, or gradient, etc.).gradient, etc.).

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How Is Zoning Implemented?How Is Zoning Implemented? Changes to existing zoning for larger parcels can Changes to existing zoning for larger parcels can

be accommodated by means of a be accommodated by means of a zoning zoning amendmentamendment, but if used indiscriminately (“spot re-, but if used indiscriminately (“spot re-zoning”), this can make a mockery of an official zoning”), this can make a mockery of an official community plan.community plan.

Zoning change can be brought in without Zoning change can be brought in without adequate thought or because it is ‘convenient’ or adequate thought or because it is ‘convenient’ or is a response to a crisis, and zoning can be based is a response to a crisis, and zoning can be based on obsolete thinking and assumptions. Society on obsolete thinking and assumptions. Society changes, and land use planning needs to as well changes, and land use planning needs to as well (e.g., regarding needs, land use mixes, (e.g., regarding needs, land use mixes, technologies, desirable parcel sizes, etc.).technologies, desirable parcel sizes, etc.).

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Variations on ZoningVariations on Zoning Planned Unit DevelopmentPlanned Unit Development (PUD)- originally applied (PUD)- originally applied

to residential, and now to commercial (regulates to residential, and now to commercial (regulates overall character and density, while allowing for more overall character and density, while allowing for more flexibility in layout and density).flexibility in layout and density).

Performance zoningPerformance zoning- based on impacts; has been - based on impacts; has been applied in ‘the Kings’ in Toronto and imposes applied in ‘the Kings’ in Toronto and imposes performance standards (re noise, air quality, street performance standards (re noise, air quality, street design, parking, traffic) without specifying land uses design, parking, traffic) without specifying land uses or heights, etc.or heights, etc.

Special zonesSpecial zones- for uses with special needs, such as - for uses with special needs, such as hospitals, and aimed at promoting compatibility hospitals, and aimed at promoting compatibility within the zone and with surrounding areas.within the zone and with surrounding areas.

Bonus regulationsBonus regulations- in exchange for providing certain - in exchange for providing certain amenities, a developer may get more height/ density.amenities, a developer may get more height/ density.

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Variations on ZoningVariations on Zoning Transfer of development rightsTransfer of development rights- moves ability to - moves ability to

develop from one site to another where it can take develop from one site to another where it can take the form of a density bonus; can also be used to the form of a density bonus; can also be used to generate cash for cultural institutions.generate cash for cultural institutions.

Negotiated developmentNegotiated development- the more directive - the more directive approach favoured in the U.K., as opposed to the approach favoured in the U.K., as opposed to the ‘permissive’ approach favoured in the U.S.; allows ‘permissive’ approach favoured in the U.S.; allows municipalities to ask for specific things through municipalities to ask for specific things through negotiation in exchange for re-zoning.negotiation in exchange for re-zoning.

Leung notes that zoning (as a negative control Leung notes that zoning (as a negative control function) predated planning (as a positive, forward-function) predated planning (as a positive, forward-looking, more visionary process). Thus, zoning has looking, more visionary process). Thus, zoning has a tendency towards conservatism and upholding a tendency towards conservatism and upholding the status quo.the status quo.

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Other Stuff on ZoningOther Stuff on Zoning Canada imported the concept of zoning from the U.S., Canada imported the concept of zoning from the U.S.,

and the scope of zoning powers held by municipalities and the scope of zoning powers held by municipalities are enabled by provincial legislation (municipalities are are enabled by provincial legislation (municipalities are “creatures,” legally of the provinces).“creatures,” legally of the provinces).

Less influence of courts; sometimes, contentious bylaws Less influence of courts; sometimes, contentious bylaws are referred to provincial tribunals (Ontario Municipal are referred to provincial tribunals (Ontario Municipal Board [OMB] in Ontario).Board [OMB] in Ontario).

In general, more local official discretion in interpreting In general, more local official discretion in interpreting bylaws, and less interference by politicians though not bylaws, and less interference by politicians though not always (witness Nanaimo!).always (witness Nanaimo!).

““One-window” approach is more common, where One-window” approach is more common, where developers deal with one set of authorities; however, developers deal with one set of authorities; however, decisions and negotiations can still take a long time.decisions and negotiations can still take a long time.

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Other Stuff on ZoningOther Stuff on Zoning Leung argues that planners who don’t do Leung argues that planners who don’t do

development control lose touch with reality ‘in the development control lose touch with reality ‘in the trenches,’ and that development control officers who trenches,’ and that development control officers who don’t do planning tend to become mindless don’t do planning tend to become mindless bureaucrats who don’t understand the larger social bureaucrats who don’t understand the larger social purpose of development control.purpose of development control.

On p. 227, he offers a list of questions for On p. 227, he offers a list of questions for consideration of any development proposal. Specific consideration of any development proposal. Specific concerns relate to: •traffic •noise •smells •privacy and concerns relate to: •traffic •noise •smells •privacy and daylight •nuisance and stress •aesthetics (something daylight •nuisance and stress •aesthetics (something planners are typically weak on; hence, the re-planners are typically weak on; hence, the re-emergence of urban design – see list on p. 230).emergence of urban design – see list on p. 230).

The challenge is to protect the ‘public interest’ The challenge is to protect the ‘public interest’ without unduly harassing developers through delays.without unduly harassing developers through delays.

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DCCs and CACsDCCs and CACs Development Cost Charges (DCCs) are one more tool Development Cost Charges (DCCs) are one more tool

that tie in with zoning and regulation of land use.that tie in with zoning and regulation of land use. They are meant to cover the cost of infrastructure which, They are meant to cover the cost of infrastructure which,

in the past, was subsidized for sprawl. They can also be in the past, was subsidized for sprawl. They can also be used as a tool to promote Smart Growth.used as a tool to promote Smart Growth.

The widespread belief is that they make development The widespread belief is that they make development (and hence land prices) more expensive, but Jay (and hence land prices) more expensive, but Jay Wollenberg of Coriolis Consulting believes that DCCs Wollenberg of Coriolis Consulting believes that DCCs (development costs charges) drive land values down.(development costs charges) drive land values down.

DCCs are badly distributed – related to cost for DCCs are badly distributed – related to cost for residential but not for community, i.e., charged on a per residential but not for community, i.e., charged on a per unit basis irrespective of location or density. They do not unit basis irrespective of location or density. They do not promote a ‘level playing field’ or work as an effective promote a ‘level playing field’ or work as an effective Smart Growth tool.Smart Growth tool.

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DCCs and CACsDCCs and CACs The use of existing infrastructure can reduce costs - The use of existing infrastructure can reduce costs -

new fire halls, for example are not reflected in DCCs new fire halls, for example are not reflected in DCCs so that encourages greenfield development as no so that encourages greenfield development as no credit is allowed for not having to build new schools or credit is allowed for not having to build new schools or firehalls in existing areas.firehalls in existing areas.

The current structure of DCCs depress land values The current structure of DCCs depress land values and stop developers from redeveloping old areas as and stop developers from redeveloping old areas as there are more costs to re-develop an old site than to there are more costs to re-develop an old site than to take a fresh piece of landtake a fresh piece of land

It is important to note that many municipalities don’t It is important to note that many municipalities don’t use DCCs at all and the majority that do use DCCs do use DCCs at all and the majority that do use DCCs do so in a very simple and primitive way not related to so in a very simple and primitive way not related to density.density.

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DCCs and CACsDCCs and CACs When we talk about Smart Growth and Transit When we talk about Smart Growth and Transit

Oriented Development, New Urbanism, the high DCC Oriented Development, New Urbanism, the high DCC spots should be where densities low and on the urban spots should be where densities low and on the urban fringe. The low DCC spots should be in the core of a fringe. The low DCC spots should be in the core of a communitycommunity

If you divide infrastructure costs by the DCCs, you’ll If you divide infrastructure costs by the DCCs, you’ll have more livable communitieshave more livable communities

The LGA gives municipalities all the guidelines and The LGA gives municipalities all the guidelines and regulations to charge flexible DCC rates. However, in regulations to charge flexible DCC rates. However, in the interest of simplicity, municipalities often practice the interest of simplicity, municipalities often practice “one size fits all”.“one size fits all”.

Most municipalities make no attempt to densify and Most municipalities make no attempt to densify and don’t make their DCC system part of the regulatory don’t make their DCC system part of the regulatory system to support smart growth principles. system to support smart growth principles.

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DCCs and CACsDCCs and CACs In most of core areas, there are alternative sites for In most of core areas, there are alternative sites for

residential sites. For a development to out-compete, residential sites. For a development to out-compete, the DCC has to reflect the true costs of development. the DCC has to reflect the true costs of development. The lower DCC in a greenfield site will generate greater The lower DCC in a greenfield site will generate greater development.development.

Community Amenity ContributionsCommunity Amenity Contributions (CACs) are specific (CACs) are specific charges or community amenities that the City of charges or community amenities that the City of Vancouver can negotiate with developers in major Vancouver can negotiate with developers in major megaprojects. These can include schools, daycare megaprojects. These can include schools, daycare facilities, community centres, parks, or cash-in-lieu. facilities, community centres, parks, or cash-in-lieu. They are loosely calculated on the basis of the They are loosely calculated on the basis of the increased value and profit that a developer will make increased value and profit that a developer will make from the rezoning and development of a specific parcel from the rezoning and development of a specific parcel of land.of land.

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Chapter 8: Planning as Chapter 8: Planning as Government ActionGovernment Action

Development control (discussed last time) can only Development control (discussed last time) can only accomplish so much without active interventions by accomplish so much without active interventions by governments. This can take two broad forms: governments. This can take two broad forms: investing in public works, and “priming the pump” for investing in public works, and “priming the pump” for private investment through public sector private investment through public sector development. As Peter Hedicar puts it, “First, they development. As Peter Hedicar puts it, “First, they must create those features in the plan (for example must create those features in the plan (for example highways or car parks) which they themselves have highways or car parks) which they themselves have planned. Second, they must influence the activities of planned. Second, they must influence the activities of the private sector so that developments of the kind the private sector so that developments of the kind indicated in the plan materialize in the time and place indicated in the plan materialize in the time and place specified.”specified.”In what way is the NNC an example of this?In what way is the NNC an example of this?

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Distinction between Distinction between primingpriming and and secondary secondary decisions.decisions.Priming decisions can be made by both the Priming decisions can be made by both the public and private sectors. Public might include: public and private sectors. Public might include: highways, utilities, major transit installations, highways, utilities, major transit installations, ministry or crown corporation head offices; ministry or crown corporation head offices; private might include a major shopping mall, private might include a major shopping mall, industry, or major residential development.industry, or major residential development.These set the stage for smaller decisions by These set the stage for smaller decisions by secondary players (businesses, homeowners, secondary players (businesses, homeowners, and so on).and so on).

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Chapter 8: Capital WorksChapter 8: Capital WorksIn theory, major public works are to be determined by In theory, major public works are to be determined by and are to support an official community plan. and are to support an official community plan. However, in practice, this is often not the case – in However, in practice, this is often not the case – in part, because of lack of cooperation between different part, because of lack of cooperation between different levels of government (e.g., GVRD & RAV).levels of government (e.g., GVRD & RAV).Even within local governments, there are often Even within local governments, there are often conflicts between different departments over budgets conflicts between different departments over budgets and priorities (for instance, between transit planners and priorities (for instance, between transit planners and traffic engineers, and between the latter and land and traffic engineers, and between the latter and land use planners). This can lead to lowest common use planners). This can lead to lowest common denominator planning in practice.denominator planning in practice.Sometimes the agencies planning the various Sometimes the agencies planning the various functions have different boundaries, and thus don’t functions have different boundaries, and thus don’t have “their act together.”have “their act together.”

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Chapter 8: Capital WorksChapter 8: Capital WorksThe key is to use capital spending to leverage The key is to use capital spending to leverage private sector investment and consumer behavior.private sector investment and consumer behavior.In many cases, so-called “soft services” In many cases, so-called “soft services” (education, parks and recreation, community (education, parks and recreation, community centres, social services, and cultural institutions) centres, social services, and cultural institutions) don’t get the same attention or priority as hard don’t get the same attention or priority as hard services (water, sewer, fire, police, & roads), and services (water, sewer, fire, police, & roads), and yet they often have an enormous impact on yet they often have an enormous impact on investment decisions and residential and business investment decisions and residential and business location choices.location choices.In addition, different professions often have In addition, different professions often have different values and perspectives and can work at different values and perspectives and can work at cross purposes (ask Pam!). cross purposes (ask Pam!).

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Chapter 8: Land Acquisition and AssemblyChapter 8: Land Acquisition and AssemblyAnother pro-active measure that local and senior Another pro-active measure that local and senior governments can take is acquiring land (sometimes called governments can take is acquiring land (sometimes called “land banking”). The motivations can be several:“land banking”). The motivations can be several:-to capture rising land values for the public sector & -to capture rising land values for the public sector &

regulate land prices;regulate land prices;-to have land available for public works and transport-ation -to have land available for public works and transport-ation

improvements, rather than waiting until a project is improvements, rather than waiting until a project is announced and owners raise their prices in anticipation of a announced and owners raise their prices in anticipation of a windfall profit;windfall profit;-to control growth and development patterns (this is done -to control growth and development patterns (this is done

by the City of Saskatoon);by the City of Saskatoon);-to acquire open space lands for recreation and habitat;-to acquire open space lands for recreation and habitat;-to provide affordable housing, either by selling the land to -to provide affordable housing, either by selling the land to

developers at reduced prices or by building social housing developers at reduced prices or by building social housing on it.on it.

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Chapter 8: Land Acquisition and AssemblyChapter 8: Land Acquisition and AssemblyLand acquisition is tricky: there is the matter of knowing Land acquisition is tricky: there is the matter of knowing where to buy; how to do so without tipping off landowners; where to buy; how to do so without tipping off landowners; the issue of ‘holdouts’ (one can expropriate if there is the issue of ‘holdouts’ (one can expropriate if there is sufficient justification), and the danger that a specially sufficient justification), and the danger that a specially established corporation set up for the purpose may become established corporation set up for the purpose may become a power unto itself and become self-perpetuating.a power unto itself and become self-perpetuating.In Vancouver, there has also often been conflicts between In Vancouver, there has also often been conflicts between the City’s land-holding and investment arm (Real Estate the City’s land-holding and investment arm (Real Estate Services [RES]) and the Planning Department, one example Services [RES]) and the Planning Department, one example being over Southeast False Creek. The City owns the land, being over Southeast False Creek. The City owns the land, and RES wanted to sell the land to the highest bidder, while and RES wanted to sell the land to the highest bidder, while the planners and many community groups wanted to have the planners and many community groups wanted to have the City take a loss on what it could potentially sell it for so the City take a loss on what it could potentially sell it for so that it could have more affordable housing and experiment that it could have more affordable housing and experiment with environmental sustainability features.with environmental sustainability features.

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Chapter 8: Land Acquisition and AssemblyChapter 8: Land Acquisition and AssemblyLand trusts are one way that land can be held in the Land trusts are one way that land can be held in the public domain – either by a municipality or by a non-public domain – either by a municipality or by a non-profit association. Land trusts can protect land for profit association. Land trusts can protect land for agriculture, conservation, recreation, or affordable agriculture, conservation, recreation, or affordable housing.housing.Land trusts acquire land by:Land trusts acquire land by: -purchasing land at less than full market value, with -purchasing land at less than full market value, with the original owner getting tax considerations;the original owner getting tax considerations; -receiving donations and bequests of land, again -receiving donations and bequests of land, again often in return for tax considerations or residency often in return for tax considerations or residency conditions;conditions; -acquiring easements or other forms of limited -acquiring easements or other forms of limited control over the land while the land remains in private control over the land while the land remains in private ownership.ownership.

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Chapter 8: Development Corporations Chapter 8: Development Corporations and Public/ Private Corporationsand Public/ Private Corporations

Development corporations can be formed, either as publicly Development corporations can be formed, either as publicly controlled entities, or as public/ private partnerships (controlled entities, or as public/ private partnerships (can you can you think of any examplesthink of any examples?). Their purpose is usually to work on ?). Their purpose is usually to work on a specific development project, and their job is to work on all a specific development project, and their job is to work on all aspects of it: land acquisition, financing, planning and aspects of it: land acquisition, financing, planning and design, marketing, and management. Different participants design, marketing, and management. Different participants may contribute different things.may contribute different things.The municipality may contribute land while a private The municipality may contribute land while a private corporation may provide financing and management and corporation may provide financing and management and marketing expertise (sound familiar?). Harbourfront marketing expertise (sound familiar?). Harbourfront (Toronto), Battery Park (New York), and the Docklands (Toronto), Battery Park (New York), and the Docklands (London) are all examples of public/private partnerships. (London) are all examples of public/private partnerships. While such arrangements are “efficient,” they are also While such arrangements are “efficient,” they are also tricky? tricky? Why might this beWhy might this be??

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Chapter 8: Community Improvement EffortsChapter 8: Community Improvement Efforts

Community improvement schemes have been used for Community improvement schemes have been used for a long time to assist in the rehabilitation of both a long time to assist in the rehabilitation of both residential and commercial districts. Target areas usually residential and commercial districts. Target areas usually have a fairly high degree of homogeneity and stability, have a fairly high degree of homogeneity and stability, but are showing signs of ‘decline’.but are showing signs of ‘decline’.Neighbourhood improvement typically involves a suite Neighbourhood improvement typically involves a suite of tools: enforcement of maintenance of property of tools: enforcement of maintenance of property standards, loans (forgiveable or otherwise) for rehab and standards, loans (forgiveable or otherwise) for rehab and repair, subsidies for insulation, and grants/ budget repair, subsidies for insulation, and grants/ budget allocations for infrastructure upgrades (roads, sewers, allocations for infrastructure upgrades (roads, sewers, sidewalks, etc.).sidewalks, etc.).Good examples include the Good examples include the Residential Rehabilitation Residential Rehabilitation and Assistance Programand Assistance Program (RRAP) and (RRAP) and Neighbourhood Neighbourhood Improvement ProgramImprovement Program (NIP) of the 1970s. (NIP) of the 1970s.

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Chapter 8: Community Improvement EffortsChapter 8: Community Improvement Efforts

Commercial areas often require new sidewalks, Commercial areas often require new sidewalks, new lampposts, benches, trees, awnings, signage, new lampposts, benches, trees, awnings, signage, added parking, and so on. These things can be paid added parking, and so on. These things can be paid for out of capital budgets, a local business for out of capital budgets, a local business improvement association (BIA) tax, or a combination improvement association (BIA) tax, or a combination of the two.of the two.There are two ways of meeting needs: locating the There are two ways of meeting needs: locating the user in the appropriate environment or enhancing user in the appropriate environment or enhancing the existing environment for the existing user. the existing environment for the existing user. Improvement involves the latter.Improvement involves the latter.With both residential and commercial improvement, With both residential and commercial improvement, there is a danger – that of there is a danger – that of gentrificationgentrification. [. [What does What does this term mean, and what are some examples of itthis term mean, and what are some examples of it?]?]

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Chapter 8: Development FeesChapter 8: Development FeesWe've talked a little bit about DCCs or DCLs (as they are We've talked a little bit about DCCs or DCLs (as they are sometimes called), but there are a few additional points sometimes called), but there are a few additional points that can be made:that can be made: -the trend towards charging them began in the ‘60s, -the trend towards charging them began in the ‘60s, and has intensified since, as a result of senior and has intensified since, as a result of senior governments withdrawing infrastructure funding;governments withdrawing infrastructure funding; -in theory, they are supposed to be charged on the -in theory, they are supposed to be charged on the basis of how much additional facilities will cost to service basis of how much additional facilities will cost to service new development, rather making such fees pay for a pre-new development, rather making such fees pay for a pre-existing “wish list”;existing “wish list”; -one has to avoid the danger of ‘double taxation’ – -one has to avoid the danger of ‘double taxation’ – where residents of a new area get the DCCs passed on to where residents of a new area get the DCCs passed on to them, them, andand have to pay regular taxes in addition. have to pay regular taxes in addition.

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Chapter 8: Planning as Government ActionChapter 8: Planning as Government ActionGovernment action, in the forms we have Government action, in the forms we have discussed, should go hand in hand with discussed, should go hand in hand with development control. The challenge is to development control. The challenge is to harmonize all the various things that local and harmonize all the various things that local and senior governments are doing, and not have them senior governments are doing, and not have them cancel one another out. One possible way to try cancel one another out. One possible way to try to bring all interests to the table is through to bring all interests to the table is through charrettescharrettes. Overall, a strong vision and strong . Overall, a strong vision and strong leadership is needed.leadership is needed.Planners must learn from what has worked in Planners must learn from what has worked in other jurisdictions, and senior governments must other jurisdictions, and senior governments must learn to work with local priorities rather than learn to work with local priorities rather than imposing their agendas on communities.imposing their agendas on communities.

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Major Problems Confronting Major Problems Confronting Planners Planners (in the view of Leung)(in the view of Leung)

no uniform definition of land use planning and of what no uniform definition of land use planning and of what plans should contain and can accomplish; resulting plans should contain and can accomplish; resulting confusionconfusion

planning principles are too idealisticplanning principles are too idealistic confusion between development control and planning, confusion between development control and planning,

with the result that insufficient attention is being paid with the result that insufficient attention is being paid to the ‘big picture’; everything is too piecemealto the ‘big picture’; everything is too piecemeal

sometimes too much attempt to coordinate every little sometimes too much attempt to coordinate every little detail on a regional scale or local; attempts at being detail on a regional scale or local; attempts at being too comprehensivetoo comprehensive

carbon copy plans or plans that are not respectedcarbon copy plans or plans that are not respected need to optimize the four purposes of plans:need to optimize the four purposes of plans:

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Major Problems Confronting Major Problems Confronting Planners (in the view of Leung)Planners (in the view of Leung)

-as legal basis for development control-as legal basis for development control-as a visionary policy document-as a visionary policy document-as an educational document for discussion and -as an educational document for discussion and involvementinvolvement-as a program document for guiding implementation -as a program document for guiding implementation strategiesstrategies

tension between long-range, integrated perspective and tension between long-range, integrated perspective and short-term political expediencyshort-term political expediency

lack of coordination of land use plans with other lack of coordination of land use plans with other governmental programs and actionsgovernmental programs and actions

unrealistic expectations concerning the analytical unrealistic expectations concerning the analytical powers and efficacy of planning and planners.powers and efficacy of planning and planners.

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Who is the Land Use Planner?Who is the Land Use Planner?

““A land use planner is perhaps best defined as one A land use planner is perhaps best defined as one whose job it is to ensure the congruence between the whose job it is to ensure the congruence between the activities of people, firms, and institutions and the activities of people, firms, and institutions and the physical setting in which these take place” (p. 250).physical setting in which these take place” (p. 250).

By nature, a land use planner is a generalist who has By nature, a land use planner is a generalist who has to understand and collate basic principles and to understand and collate basic principles and practices from a variety of related disciplines. practices from a variety of related disciplines. What What are are some of theseare are some of these??

Planners perform a number of roles – manager, Planners perform a number of roles – manager, analyst, advocate, controller, communicator, analyst, advocate, controller, communicator, designer, evaluator, and negotiator. (designer, evaluator, and negotiator. (What are some What are some examples of situations where each of these roles are examples of situations where each of these roles are performed?performed?) Each requires different skills, aptitudes, ) Each requires different skills, aptitudes, and perspectives.and perspectives.

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New Challenges & Prospects for the FutureNew Challenges & Prospects for the Future

Because of its location within a bureaucracy, planning and Because of its location within a bureaucracy, planning and planners have tended to be conservative. However, given the planners have tended to be conservative. However, given the enormous changes taking place in our world (increasing enormous changes taking place in our world (increasing cultural and social diversity, climate change and other cultural and social diversity, climate change and other negative environmental impacts, peak oil, the need to protect negative environmental impacts, peak oil, the need to protect resource lands, a need to safeguard our heritage and to resource lands, a need to safeguard our heritage and to encourage a sense of place/ community), “business-as-usual” encourage a sense of place/ community), “business-as-usual” is no longer a viable option. Planners, with support from is no longer a viable option. Planners, with support from politicians, need to embrace innovation. politicians, need to embrace innovation. What are some What are some possible ways to do thispossible ways to do this??

Instead of seeing planning as a static, ‘form-giving’ activity, it Instead of seeing planning as a static, ‘form-giving’ activity, it may be necessary to view it as encouraging the organic may be necessary to view it as encouraging the organic forces of renewal slumbering within cities themselves?forces of renewal slumbering within cities themselves?

How will planning likely be different in the years to come? Are How will planning likely be different in the years to come? Are there new analytical approaches and assessment tools that there new analytical approaches and assessment tools that will need to be developed or enhanced? What other kinds of will need to be developed or enhanced? What other kinds of tools may need to be incorporated?tools may need to be incorporated?