Community Consultation in the Planning Process

Framework for Planning

MANY ELEMENTS TO CONSIDER

Many seemingly unrelated elements affect the planning process. When only certain elements are considered, gears may grind. When all elements are taken into account, it goes smoothly. This section explains some of the elements that drive the planning process.

OVERVIEW

Municipal planning is not just a reasonable thing to do; it is required by law. The Province of Alberta’s Municipal Government Act details what municipalities can, should and must do regarding land use planning. When entering this arena, it is crucial to understand the legal connections, laws, plans and regulations that govern planning.

The City of Edmonton has an overarching plan—Plan Edmonton—that provides general direction for the city’s growth. Several detailed plans cover various aspects of redevelopment and new development. These policies are fleshed out in the Edmonton Zoning Bylaw, a document outlining the exact rules for developing projects. This “rule book” is very detailed. Among other things, it sets the ground rules for obtaining necessary permits.

The following chart illustrates how these plans make up Edmonton’s planning framework.

RESOURCES

See Glossary, p. 101 for a description of these plans. See Edmonton Zoning Bylaw, p. 82 for an overview of the plans that may apply. See Legislation: Where to find it, p. 128.

PLANNING AND DEVELOPMENT DEPARTMENT STRUCTURE

Planning and Development is organized into three branches, each with specific functions. For this guide, the most relevant are the Planning and Policy Services

Branch and the Development Compliance Branch.

The Planning and Policy Services Branch provides advice and services to ensure the efficient and orderly development and use of land needed for a safe, healthy, attractive, vibrant and sustainable community. Services include subdivision and bylaws, urban design and heritage, environment, current planning, long-range planning, socio-economic and demographic information, and maps and publications.
The Development Compliance Branch protects citizen health and safety by ensuring compliance with City bylaws and agreements, the Municipal Government Act and the Alberta Safety Codes Act. Services include building and development permits, plan inspections, animal control and compliance.
The Assessment and Taxation Branch ensures a tax assessment base that meets approved funding and complies with the Municipal Government Act while maintaining a stable balance between the relative share contributed by residential and non-residential property owners.

See Contacts, p. 111 for more information about where to access certain services.

Planning and Policy Services Branch

Responsibilities

Accept Applications
Policy advice and review
Resolve problems
Formulate recommendations to Council

Key Staff: Planners

Responsibilities

Recommend policies and guidelines for land use, environmental care, housing, etc., based on demographic, economic, cultural, social and environmental research
Prepare plans for developing private lands, providing public spaces and services and maintaining the environment
Consult with landowners, interest groups and citizens
Speak before public meetings or formal hearings
Verify that consultation requirements of the Edmonton Zoning Bylaw are met

The Development Compliance Branch

Responsibilities

Accept or deny development and building permit applications
Negotiate agreements for the services and improvements needed to develop raw land
Ensure that permit conditions, building codes and other requirements are met

Key Staff: Development Officers (DOs)

Responsibilities

Administer the Edmonton Zoning Bylaw
Decide on Development Permit Applications:

EDMONTON ZONING BYLAW

Think about the complexity of a city. Now imagine how that city might look if all its houses, parks, stores and factories were built with no standards and no consistency. To guard against this and encourage good, orderly development, the City has established rules as set out in the Edmonton Zoning Bylaw.

Intent

Regulate the use of land in Edmonton.
Set such basic standards for development as site coverage, density, building height, yard dimensions, landscaping, road setbacks, flood plains and parking.¹⁸
Provide a key tool for implementing all land use and development policies as expressed in the various plans, briefs and legislation.
Guide the land use rezoning and development permit approval processes (See Development permits, p. 93; Land rezoning, p. 90).
Regulate the type and mix of housing permitted in a neighbourhood, the location and type of shops and services and the development potential of each property.

Approach

Divides the city into a series of zoning categories (districts) as shown on the zoning map.
Describes the types of uses allowed in the various districts.
Lists permitted and discretionary uses and development rules (minimum standards) for each land use.
Defines and interprets planning terms.
Sets out procedures and criteria for processing land use changes (rezoning).
Provides procedures and criteria for responding to development applications and appeals.

The Edmonton Zoning Bylaw was adopted in 2001, superseding the Land Use Bylaw.

RESOURCES

Online Zoning Bylaw http://www.edmonton.ca (under Planning> Zoning Bylaw)

Overlays

The term "overlay" refers to a special set of regulations imposed in addition to the basic zoning rules. These overlays are topical as well as geographical. That is, each overlay applies to specific and defined areas such as commercial strips or mature neighbourhoods. These overlays are adopted by Council and form an integral part of the Zoning Bylaw. Pay close attention to the overlays that apply to the land parcel in question. Zoning maps explain which overlays apply to what areas.

Example: Consider an area zoned CNC (Neighbourhood Convenience Commercial Zone). This area may have much different requirements when the Pedestrian Commercial Shopping Street Overlay applies. Depending on the proposed use, parking requirements or allowable height may vary.

MATURE NEIGHBOURHOOD OVERLAY One of the most common overlays is the Mature Neighbourhood Overlay (MNO), whose purpose is to ensure that new low-density residential development in Edmonton’s mature neighbourhoods is sensitive to existing development. To this end, the overlay specifies such development regulations as scale, privacy, sunlight penetration and parking. This overlay applies to sites zoned RF-1, RF-2, RF-3, RF-4 and RF-5 within established neighbourhoods. Regulations in the MNO include:

Where back lanes exist, there shall be no parking on the front of the property and no vehicle access from the front roadway.
The floor area of the top storey of a 2 1/2 storey building cannot be more than 50 per cent of the structure’s second storey floor area.
When a development permit application does not comply with the regulations in the MNO, the applicant shall:
- Contact the affected parties (neighbours and the community league) at least 21 days prior to submission of a Development Application
- Outline any requested variances to the overlay and solicit comments on the application
- Document any opinions or concerns, expressed by the affected parties, and what modifications were made to address their concerns
- Submit this documentation as part of the Development Application.

See p. 110 for a list of overlays.

RESOURCES

City of Edmonton Web site
For a complete index and map of overlays that may apply to your parcel of land, go to the online zoning bylaw, and find the map at the end of the document: www.edmonton.ca

Mature Neighbourhood Overlay www.edmonton.ca

WHAT ELSE APPLIES TO THIS PARCEL?

After you reach for the zoning map and know the rules for developing the proposed project on the proposed site, be sure to check for other relevant overlays, policies and plans. Do not skip this step, as these parts of the bylaw and other related plans and policies can radically alter allowable uses and development requirements.

Below, a list of plans, policies and elements within the Edmonton Zoning Bylaw that may apply to the development proposal you are investigating. Note that older and newer communities have different applicable plans.

From the most general to the more specific, be sure to consider:

Plan Edmonton
Area Structure Plans (newer communities)
Mature Neighbourhood Overlay (older communities)
Other overlays (see p. 110)
Neighbourhood Area Structure Plans (newer communities)
Servicing Concept Design Brief (newer communities)
Community Plans (older communities)
Area Redevelopment Plans (older communities)
Other policies (Historic Resource, Airport Vicinity, University, Ribbon of Green, River Valley, Transportation, etc.)

Framework for Planning
MANY ELEMENTS TO CONSIDER Many seemingly unrelated elements affect the planning process. When only certain elements are considered, gears may grind. When all elements are taken into account, it goes smoothly. This section explains some of the elements that drive the planning process.

OVERVIEW Municipal planning is not just a reasonable thing to do; it is required by law. The Province of Alberta’s Municipal Government Act details what municipalities can, should and must do regarding land use planning. When entering this arena, it is crucial to understand the legal connections, laws, plans and regulations that govern planning. The City of Edmonton has an overarching plan—Plan Edmonton—that provides general direction for the city’s growth. Several detailed plans cover various aspects of redevelopment and new development. These policies are fleshed out in the Edmonton Zoning Bylaw, a document outlining the exact rules for developing projects. This “rule book” is very detailed. Among other things, it sets the ground rules for obtaining necessary permits. The following chart illustrates how these plans make up Edmonton’s planning framework.
RESOURCES See Glossary, p. 101 for a description of these plans. See Edmonton Zoning Bylaw, p. 82 for an overview of the plans that may apply. See Legislation: Where to find it, p. 128.


PLANNING AND DEVELOPMENT DEPARTMENT STRUCTURE Planning and Development is organized into three branches, each with specific functions. For this guide, the most relevant are the Planning and Policy Services Branch and the Development Compliance Branch. The Planning and Policy Services Branch provides advice and services to ensure the efficient and orderly development and use of land needed for a safe, healthy, attractive, vibrant and sustainable community. Services include subdivision and bylaws, urban design and heritage, environment, current planning, long-range planning, socio-economic and demographic information, and maps and publications. The Development Compliance Branch protects citizen health and safety by ensuring compliance with City bylaws and agreements, the Municipal Government Act and the Alberta Safety Codes Act. Services include building and development permits, plan inspections, animal control and compliance. The Assessment and Taxation Branch ensures a tax assessment base that meets approved funding and complies with the Municipal Government Act while maintaining a stable balance between the relative share contributed by residential and non-residential property owners. See Contacts, p. 111 for more information about where to access certain services.
Planning and Policy Services Branch Responsibilities Accept Applications Policy advice and review Resolve problems Formulate recommendations to Council Key Staff: Planners Responsibilities Recommend policies and guidelines for land use, environmental care, housing, etc., based on demographic, economic, cultural, social and environmental research Prepare plans for developing private lands, providing public spaces and services and maintaining the environment Consult with landowners, interest groups and citizens Speak before public meetings or formal hearings Verify that consultation requirements of the Edmonton Zoning Bylaw are met
The Development Compliance Branch Responsibilities Accept or deny development and building permit applications Negotiate agreements for the services and improvements needed to develop raw land Ensure that permit conditions, building codes and other requirements are met Key Staff: Development Officers (DOs) Responsibilities Administer the Edmonton Zoning Bylaw Decide on Development Permit Applications: Review each application Decide, with or without conditions, on applications for development of a Permitted Use (Class A) May relax some regulations. Any variance in maximum height, floor area ratio or density, however, turns the approval into a discretionary (Class B) permit, even in a zone where the use is permitted Decide on applications for a development in a Direct Control Provision Decide on discretionary uses (Class B), with or without conditions, where the proposed development would not, in his or her opinion: unduly interfere with the amenities of the neighbourhood; materially interfere with or affect the use, enjoyment or value of neighbouring properties.
EDMONTON ZONING BYLAW Think about the complexity of a city. Now imagine how that city might look if all its houses, parks, stores and factories were built with no standards and no consistency. To guard against this and encourage good, orderly development, the City has established rules as set out in the Edmonton Zoning Bylaw. Intent Regulate the use of land in Edmonton. Set such basic standards for development as site coverage, density, building height, yard dimensions, landscaping, road setbacks, flood plains and parking.¹⁸ Provide a key tool for implementing all land use and development policies as expressed in the various plans, briefs and legislation. Guide the land use rezoning and development permit approval processes (See Development permits, p. 93; Land rezoning, p. 90). Regulate the type and mix of housing permitted in a neighbourhood, the location and type of shops and services and the development potential of each property. Approach Divides the city into a series of zoning categories (districts) as shown on the zoning map. Describes the types of uses allowed in the various districts. Lists permitted and discretionary uses and development rules (minimum standards) for each land use. Defines and interprets planning terms. Sets out procedures and criteria for processing land use changes (rezoning). Provides procedures and criteria for responding to development applications and appeals. The Edmonton Zoning Bylaw was adopted in 2001, superseding the Land Use Bylaw.
RESOURCES Online Zoning Bylaw http://www.edmonton.ca (under Planning> Zoning Bylaw)
Overlays The term "overlay" refers to a special set of regulations imposed in addition to the basic zoning rules. These overlays are topical as well as geographical. That is, each overlay applies to specific and defined areas such as commercial strips or mature neighbourhoods. These overlays are adopted by Council and form an integral part of the Zoning Bylaw. Pay close attention to the overlays that apply to the land parcel in question. Zoning maps explain which overlays apply to what areas. Example: Consider an area zoned CNC (Neighbourhood Convenience Commercial Zone). This area may have much different requirements when the Pedestrian Commercial Shopping Street Overlay applies. Depending on the proposed use, parking requirements or allowable height may vary. MATURE NEIGHBOURHOOD OVERLAY One of the most common overlays is the Mature Neighbourhood Overlay (MNO), whose purpose is to ensure that new low-density residential development in Edmonton’s mature neighbourhoods is sensitive to existing development. To this end, the overlay specifies such development regulations as scale, privacy, sunlight penetration and parking. This overlay applies to sites zoned RF-1, RF-2, RF-3, RF-4 and RF-5 within established neighbourhoods. Regulations in the MNO include: Where back lanes exist, there shall be no parking on the front of the property and no vehicle access from the front roadway. The floor area of the top storey of a 2 1/2 storey building cannot be more than 50 per cent of the structure’s second storey floor area. When a development permit application does not comply with the regulations in the MNO, the applicant shall: Contact the affected parties (neighbours and the community league) at least 21 days prior to submission of a Development Application Outline any requested variances to the overlay and solicit comments on the application Document any opinions or concerns, expressed by the affected parties, and what modifications were made to address their concerns Submit this documentation as part of the Development Application. See p. 110 for a list of overlays.
RESOURCES City of Edmonton Web site For a complete index and map of overlays that may apply to your parcel of land, go to the online zoning bylaw, and find the map at the end of the document: www.edmonton.ca Mature Neighbourhood Overlay www.edmonton.ca
WHAT ELSE APPLIES TO THIS PARCEL? After you reach for the zoning map and know the rules for developing the proposed project on the proposed site, be sure to check for other relevant overlays, policies and plans. Do not skip this step, as these parts of the bylaw and other related plans and policies can radically alter allowable uses and development requirements. Below, a list of plans, policies and elements within the Edmonton Zoning Bylaw that may apply to the development proposal you are investigating. Note that older and newer communities have different applicable plans. From the most general to the more specific, be sure to consider: Plan Edmonton Area Structure Plans (newer communities) Mature Neighbourhood Overlay (older communities) Other overlays (see p. 110) Neighbourhood Area Structure Plans (newer communities) Servicing Concept Design Brief (newer communities) Community Plans (older communities) Area Redevelopment Plans (older communities) Other policies (Historic Resource, Airport Vicinity, University, Ribbon of Green, River Valley, Transportation, etc.)