1. GEOG 442 Day 26: Planning Tools and Prospects

2. Housekeeping Items If Rich has gotten his conclusion in, Caitee has successfully completed the project document. It's too bad there's not more time to produce a poster for the Sustainability Fair. Thanks to all. If Rich has gotten his conclusion in, Caitee has successfully completed the project document. It's too bad there's not more time to produce a poster for the Sustainability Fair. Thanks to all. Does anyone have any time to volunteer at the Geography table at the Sustainability Fair, especially between 1:00 and 2:30? Does anyone have any time to volunteer at the Geography table at the Sustainability Fair, especially between 1:00 and 2:30? “Healthy By Design: Transportation & Healthy Built Environments” at 7 p.m. Thursday at Vancouver Island Convention Centre. Guest Speakers: Dr. Lawrence Frank, UBC and Mark Holland, HB Lanarc Consultants “Healthy By Design: Transportation & Healthy Built Environments” at 7 p.m. Thursday at Vancouver Island Convention Centre. Guest Speakers: Dr. Lawrence Frank, UBC and Mark Holland, HB Lanarc Consultants

3. Housekeeping Items Today, I will briefly go through Chapters 7 and 8, & a little of 9, and then we will review for the exam. The last exam covered up to page 98. Today, I will briefly go through Chapters 7 and 8, & a little of 9, and then we will review for the exam. The last exam covered up to page 98. The exam is scheduled for Wednesday, April 15 th at 9 a.m. :( in Building 380, Room 134 (the lecture hall). This one will cover the rest, with a similar format. The exam is scheduled for Wednesday, April 15 th at 9 a.m. :( in Building 380, Room 134 (the lecture hall). This one will cover the rest, with a similar format. We haven't focused on the book as much as might have been desirable, but it wasn't a lot of reading and all the notes are on the web. I would review those, along with the material I put on reserve. We haven't focused on the book as much as might have been desirable, but it wasn't a lot of reading and all the notes are on the web. I would review those, along with the material I put on reserve. I would also like to review what you liked and didn't like about the course. I would also like to review what you liked and didn't like about the course.

4. 4 Chapter 7: Planning as Development Control Development control is older than land use planning. Its scope “is extraordinarily wide, from regulating the siting of an international airport to requiring a permit to cut down down and replant a tree.” Though essentially ‘negative,’ not pro- active, it can have very positive benefits. Development control is older than land use planning. Its scope “is extraordinarily wide, from regulating the siting of an international airport to requiring a permit to cut down down and replant a tree.” Though essentially ‘negative,’ not pro- active, it can have very positive benefits. “...development control covers all aspects of siting, sizing and environmental impact of any type of land use. The rationale…may include the full range of ‘public interest,’ from health and safety to economic viability and social desirability.” “...development control covers all aspects of siting, sizing and environmental impact of any type of land use. The rationale…may include the full range of ‘public interest,’ from health and safety to economic viability and social desirability.”

5. 5 Chapter 7: Planning as Development Control “The predominant development control instrument in the United States and Canada is zoning…. Although there are numerous other planning instruments such as subdivision control, and site plan control, these are really extensions and refinements, both in substantive and procedural terms, of zoning.” “The predominant development control instrument in the United States and Canada is zoning…. Although there are numerous other planning instruments such as subdivision control, and site plan control, these are really extensions and refinements, both in substantive and procedural terms, of zoning.” In addition, there are other tools: building codes, traffic bylaws, and property mainten- ance bylaws, which play an important role, but which are not the planner’s responsibility per se. In addition, there are other tools: building codes, traffic bylaws, and property mainten- ance bylaws, which play an important role, but which are not the planner’s responsibility per se.

6. 6 Chapter 7: Planning as Development Control Zoning was first used in Germany towards the end of the 19th century, and it has been used in the U.S. and Canada since early in the 20th. Zoning was first used in Germany towards the end of the 19th century, and it has been used in the U.S. and Canada since early in the 20th. Zoning is a form of ‘police power’: “the government, in protecting the public interest, can apply certain limitations to the use and development of private land without the need to compensate for the owner’s loss due to limitations.” Zoning is a form of ‘police power’: “the government, in protecting the public interest, can apply certain limitations to the use and development of private land without the need to compensate for the owner’s loss due to limitations.” If these limitations are overly severe (called a “taking” in the U.S. public and judicial debates over property rights), then government has to compensate the property owner. In Canada, property rights don’t exist to the same degree. If these limitations are overly severe (called a “taking” in the U.S. public and judicial debates over property rights), then government has to compensate the property owner. In Canada, property rights don’t exist to the same degree.

7. 7 Chapter 7: Planning as Development Control “Zoning ordinances, as they are called in the U.S. (or bylaws in Canada) are laws enacted by the local legislature (municipal councils) which delineate uses for the entire municipality…” Ideally, these are based on an official community plan (OCP). They can be applied with too little flexibility (too rigid, limiting mixed use and innovation) or too much (making a mockery of community goals for the benefit of developers). “Zoning ordinances, as they are called in the U.S. (or bylaws in Canada) are laws enacted by the local legislature (municipal councils) which delineate uses for the entire municipality…” Ideally, these are based on an official community plan (OCP). They can be applied with too little flexibility (too rigid, limiting mixed use and innovation) or too much (making a mockery of community goals for the benefit of developers). Originally applied in Frankfurt in 1891, they were intended to improve living conditions for workers by regulating density and massing (or bulk). Control of land use was only a secondary concern. The practice soon spread throughout North America. Originally applied in Frankfurt in 1891, they were intended to improve living conditions for workers by regulating density and massing (or bulk). Control of land use was only a secondary concern. The practice soon spread throughout North America.

8. 8 Chapter 7: Planning as Development Control Zoning built upon existing ‘police powers’ to control nuisance in the U.S., but the first comprehensive zoning ordinance was implemented in New York in 1911, and divided the city into three zones: residential, commercial, and uncontrolled. The original impetus was to get garment factories out of a fashionable Fifth Avenue commercial area. The law controlled building heights, which in turn (so the proponents thought) would limit undesirable land uses through the cost of land. Zoning built upon existing ‘police powers’ to control nuisance in the U.S., but the first comprehensive zoning ordinance was implemented in New York in 1911, and divided the city into three zones: residential, commercial, and uncontrolled. The original impetus was to get garment factories out of a fashionable Fifth Avenue commercial area. The law controlled building heights, which in turn (so the proponents thought) would limit undesirable land uses through the cost of land. Zoning was upheld as a legitimate police power by the Supreme Court in 1926, and soon spread. Zoning was upheld as a legitimate police power by the Supreme Court in 1926, and soon spread.

9. 9 Chapter 7: Planning as Development Control Though developed to improve workers’ conditions in Germany, it has been intended to address many issues in North America: Though developed to improve workers’ conditions in Germany, it has been intended to address many issues in North America: -improve living conditions (adequate light and air)‏ -distribute needed public facilities -limit the development of skyscrapers -promote fire, health, and traffic safety -stabilize land prices -to segregate land uses and to exclude locally undesirable land uses (LULUs). The ‘hidden agenda’ of zoning has often been to exclude undesirable groups (by race or class), and this practice – though still common – has been challenged successfully in the courts (see Leung, pp. 215-216). The ‘hidden agenda’ of zoning has often been to exclude undesirable groups (by race or class), and this practice – though still common – has been challenged successfully in the courts (see Leung, pp. 215-216).

10. 10 What Does Zoning Cover? Zoning specifies land use categories and the uses permitted under each category. The three main categories are usually: residential, commercial, and industrial, but one can also have rural, recreational, environmental protection, institutional, open space, and mixed use. Zoning specifies land use categories and the uses permitted under each category. The three main categories are usually: residential, commercial, and industrial, but one can also have rural, recreational, environmental protection, institutional, open space, and mixed use. With each category, there are often numerous sub- categories (for instance, single-family, duplex, multi- family, etc.) or general commercial, highway commercial, or CBD. Under each category, there is usually a highly prescriptive list of permitted uses. With each category, there are often numerous sub- categories (for instance, single-family, duplex, multi- family, etc.) or general commercial, highway commercial, or CBD. Under each category, there is usually a highly prescriptive list of permitted uses. Sometimes (this was more common in the past), residential was restrictive, but industrial or commercial could include other uses. Sometimes (this was more common in the past), residential was restrictive, but industrial or commercial could include other uses.

11. 11 What Does Zoning Cover? While zoning has had many benefits, it has been described as a rather “blunt” land use planning instrument, and has often limited innovation and facilitated sprawl and automobile dependence. While zoning has had many benefits, it has been described as a rather “blunt” land use planning instrument, and has often limited innovation and facilitated sprawl and automobile dependence. In addition to uses, it also usually regulates density of residential development (through floor area ratio [FAR] – see chart on p. 219) and intensity of other uses (number of employees per acre or hectare). In addition to uses, it also usually regulates density of residential development (through floor area ratio [FAR] – see chart on p. 219) and intensity of other uses (number of employees per acre or hectare). Another limit is in the form of site coverage (amount of space a building is allowed to take up on a lot). All of these things help control air and light, volumes of traffic, adequate space for parking and loading, and noise and environmental impacts. Another limit is in the form of site coverage (amount of space a building is allowed to take up on a lot). All of these things help control air and light, volumes of traffic, adequate space for parking and loading, and noise and environmental impacts.

12. 12 What Does Zoning Cover? Another form of control is through regulation of lot sizes which, in theory, helps control the type of land use – for instance, housing type. Land use zones are often based on outdated notions of societal needs and patterns – for instance, the ubiquity of the nuclear family. Another form of control is through regulation of lot sizes which, in theory, helps control the type of land use – for instance, housing type. Land use zones are often based on outdated notions of societal needs and patterns – for instance, the ubiquity of the nuclear family. In general, there has been resistance on the part of municipalities, developers, and the general public to higher residential densities, though this is beginning to change. Why do you think this is so? In general, there has been resistance on the part of municipalities, developers, and the general public to higher residential densities, though this is beginning to change. Why do you think this is so? One can argue, as Larry Frank from UBC does, that modern zoning was a reaction to the horrors of the industrial city (with the antipathy to density), and that new solutions are needed for new conditions. One can argue, as Larry Frank from UBC does, that modern zoning was a reaction to the horrors of the industrial city (with the antipathy to density), and that new solutions are needed for new conditions.

13. 13 What Does Zoning Cover? Zoning also regulates massing (or bulk) – the form of buildings, sometimes for aesthetic reasons and setbacks from the front, side, and rear lot lines in order to provide adequate light, air, and privacy Zoning also regulates massing (or bulk) – the form of buildings, sometimes for aesthetic reasons and setbacks from the front, side, and rear lot lines in order to provide adequate light, air, and privacy It controls provision of parking, based on popula- tion, users, or floor space – for instance, 1.6 spaces per unit or 500 sq. ft. of commercial floor space It controls provision of parking, based on popula- tion, users, or floor space – for instance, 1.6 spaces per unit or 500 sq. ft. of commercial floor space Zoning also often regulates minimum floor area of units, space for loading and unloading, permitted grade (slope), landscaping standards, design and siting of signage, protection of views, control of building exteriors, fencing, and accessory buildings and uses. Zoning also often regulates minimum floor area of units, space for loading and unloading, permitted grade (slope), landscaping standards, design and siting of signage, protection of views, control of building exteriors, fencing, and accessory buildings and uses.

14. 14 What Does Zoning Cover? Sometimes land is put in a “holding” category or designated as a development permit area until its use or regulations can be decided. Sometimes land is put in a “holding” category or designated as a development permit area until its use or regulations can be decided. In the case of Vancouver (which has more power under the Vancouver Charter), additional control is exercised through official development plans (ODPs) that regulate a whole district. This enables the City to regulate urban design and demand exactions and amenities from developers in excess of what other municipalities can do. The City has made extensive use of these powers on the north shore of False Creek, and elsewhere in the city In the case of Vancouver (which has more power under the Vancouver Charter), additional control is exercised through official development plans (ODPs) that regulate a whole district. This enables the City to regulate urban design and demand exactions and amenities from developers in excess of what other municipalities can do. The City has made extensive use of these powers on the north shore of False Creek, and elsewhere in the city This reflects more of a British, as opposed to an American, approach to planning. Under the American system of 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 zoning requirements. This reflects more of a British, as opposed to an American, approach to planning. Under the American system of 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 zoning requirements.

15. 15 How Is Zoning Implemented? Zoning has the force of law, and contravention is tantamount to breaking the law. Municipalities can stop uses and development, impose fines and other penalties, and demolish structures or fix problems and bill the landowner. Zoning has the force of law, and contravention is tantamount to breaking the law. Municipalities can stop uses and development, impose fines and other penalties, and demolish structures or fix problems and bill the landowner. All new development and construction must conform with the zoning and building bylaws unless it has been ‘grandfathered’ in as a legal non-conforming use (for instance, a residence in an office or commercial district). If such a property is redeveloped in the future, it will tend to be brought into conformance with the zoning. All new development and construction must conform with the zoning and building bylaws unless it has been ‘grandfathered’ in as a legal non-conforming use (for instance, a residence in an office or commercial district). If such a property is redeveloped in the future, it will tend to be brought into conformance with the zoning. Most municipalities also have Boards of Variance to pass judgement on minor deviations from the existing zoning in cases of site difficulty or hardship (lot size, shape, or gradient, etc.). Most municipalities also have Boards of Variance to pass judgement on minor deviations from the existing zoning in cases of site difficulty or hardship (lot size, shape, or gradient, etc.).

16. 16 How Is Zoning Implemented? Changes to existing zoning for larger parcels can be accommodated by means of a zoning amendment, but if used indiscriminately (“spot re- zoning”), this can make a mockery of an official community plan. Changes to existing zoning for larger parcels can be accommodated by means of a zoning amendment, but if used indiscriminately (“spot re- zoning”), this can make a mockery of an official community plan. Zoning change can be brought in without adequate thought or because it is ‘convenient’ or is a response to a crisis, and zoning can be based on obsolete thinking and assumptions. Society changes, and land use planning needs to as well (e.g., regarding needs, land use mixes, technologies, desirable parcel sizes, etc.). Zoning change can be brought in without adequate thought or because it is ‘convenient’ or is a response to a crisis, and zoning can be based on obsolete thinking and assumptions. Society changes, and land use planning needs to as well (e.g., regarding needs, land use mixes, technologies, desirable parcel sizes, etc.).

17. 17 Variations on Zoning Planned Unit Development (PUD)- originally applied to residential, and now to commercial (regulates overall character and density, while allowing for more flexibility in layout and density). Planned Unit Development (PUD)- originally applied to residential, and now to commercial (regulates overall character and density, while allowing for more flexibility in layout and density). Performance zoning- based on impacts; has been applied in ‘the Kings’ in Toronto and imposes performance standards (re noise, air quality, street design, parking, traffic) without specifying land uses or heights, etc. Performance zoning- based on impacts; has been applied in ‘the Kings’ in Toronto and imposes performance standards (re noise, air quality, street design, parking, traffic) without specifying land uses or heights, etc. Special zones- for uses with special needs, such as hospitals, and aimed at promoting compatibility within the zone and with surrounding areas. Special zones- for uses with special needs, such as hospitals, and aimed at promoting compatibility within the zone and with surrounding areas. Bonus regulations- in exchange for providing certain amenities, a developer may get more height/ density. Bonus regulations- in exchange for providing certain amenities, a developer may get more height/ density.

18. 18 Variations on Zoning Transfer of development rights- moves ability to develop from one site to another where it can take the form of a density bonus; can also be used to generate cash for cultural institutions. Transfer of development rights- moves ability to develop from one site to another where it can take the form of a density bonus; can also be used to generate cash for cultural institutions. Negotiated development- the more directive approach favoured in the U.K., as opposed to the ‘permissive’ approach favoured in the U.S.; allows municipalities to ask for specific things through negotiation in exchange for re-zoning. Negotiated development- the more directive approach favoured in the U.K., as opposed to the ‘permissive’ approach favoured in the U.S.; allows municipalities to ask for specific things through negotiation in exchange for re-zoning. Leung notes that zoning (as a negative control function) predated planning (as a positive, forward- looking, more visionary process). Thus, zoning has a tendency towards conservatism and upholding the status quo. Leung notes that zoning (as a negative control function) predated planning (as a positive, forward- looking, more visionary process). Thus, zoning has a tendency towards conservatism and upholding the status quo.

19. 19 Other Stuff on Zoning Canada imported the concept of zoning from the U.S., and the scope of zoning powers held by municipalities are enabled by provincial legislation (municipalities are “creatures,” legally of the provinces). Canada imported the concept of zoning from the U.S., and the scope of zoning powers held by municipalities are enabled by provincial legislation (municipalities are “creatures,” legally of the provinces). Less influence of courts; sometimes, contentious bylaws are referred to provincial tribunals (Ontario Municipal Board [OMB] in Ontario). Less influence of courts; sometimes, contentious bylaws are referred to provincial tribunals (Ontario Municipal Board [OMB] in Ontario). In general, more local official discretion in interpreting bylaws, and less interference by politicians though not always (witness Nanaimo!). In general, more local official discretion in interpreting bylaws, and less interference by politicians though not always (witness Nanaimo!). “One-window” approach is more common, where developers deal with one set of authorities; however, decisions and negotiations can still take a long time. “One-window” approach is more common, where developers deal with one set of authorities; however, decisions and negotiations can still take a long time.

20. 20 Other Stuff on Zoning Leung argues that planners who don’t do development control lose touch with reality ‘in the trenches,’ and that development control officers who don’t do planning tend to become mindless bureaucrats who don’t understand the larger social purpose of development control. Leung argues that planners who don’t do development control lose touch with reality ‘in the trenches,’ and that development control officers who don’t do planning tend to become mindless bureaucrats who don’t understand the larger social purpose of development control. On p. 227, he offers a list of questions for consideration of any development proposal. Specific concerns relate to: traffic noise smells privacy and daylight nuisance and stress aesthetics (something planners are typically weak on; hence, the re- emergence of urban design – see list on p. 230). On p. 227, he offers a list of questions for consideration of any development proposal. Specific concerns relate to: traffic noise smells privacy and daylight nuisance and stress aesthetics (something planners are typically weak on; hence, the re- emergence of urban design – see list on p. 230). The challenge is to protect the ‘public interest’ without unduly harassing developers through delays. The challenge is to protect the ‘public interest’ without unduly harassing developers through delays.

21. 21 DCCs and CACs Development Cost Charges (DCCs) are one more tool that tie in with zoning and regulation of land use. Development Cost Charges (DCCs) are one more tool that tie in with zoning and regulation of land use. They are meant to cover the cost of infrastructure which, in the past, was subsidized for sprawl. They can also be used as a tool to promote Smart Growth. They are meant to cover the cost of infrastructure which, in the past, was subsidized for sprawl. They can also be used as a tool to promote Smart Growth. The widespread belief is that they make development (and hence land prices) more expensive, but Jay Wollenberg of Coriolis Consulting believes that DCCs (development costs charges) drive land values down. The widespread belief is that they make development (and hence land prices) more expensive, but Jay Wollenberg of Coriolis Consulting believes that DCCs (development costs charges) drive land values down. DCCs are badly distributed – related to cost for residential but not for community, i.e., charged on a per unit basis irrespective of location or density. They do not promote a ‘level playing field’ or work as an effective Smart Growth tool. DCCs are badly distributed – related to cost for residential but not for community, i.e., charged on a per unit basis irrespective of location or density. They do not promote a ‘level playing field’ or work as an effective Smart Growth tool.

22. 22 DCCs and CACs The use of existing infrastructure can reduce costs - new fire halls, for example are not reflected in DCCs so that encourages greenfield development as no credit is allowed for not having to build new schools or firehalls in existing areas. The use of existing infrastructure can reduce costs - new fire halls, for example are not reflected in DCCs so that encourages greenfield development as no credit is allowed for not having to build new schools or firehalls in existing areas. The current structure of DCCs depress land values and stop developers from redeveloping old areas as there are more costs to re-develop an old site than to take a fresh piece of land The current structure of DCCs depress land values and stop developers from redeveloping old areas as there are more costs to re-develop an old site than to take a fresh piece of land It is important to note that many municipalities don’t use DCCs at all and the majority that do use DCCs do so in a very simple and primitive way not related to density. It is important to note that many municipalities don’t use DCCs at all and the majority that do use DCCs do so in a very simple and primitive way not related to density.

23. 23 DCCs and CACs When we talk about Smart Growth and Transit Oriented Development, New Urbanism, the high DCC spots should be where densities low and on the urban fringe. The low DCC spots should be in the core of a community When we talk about Smart Growth and Transit Oriented Development, New Urbanism, the high DCC spots should be where densities low and on the urban fringe. The low DCC spots should be in the core of a community If you divide infrastructure costs by the DCCs, you’ll have more livable communities If you divide infrastructure costs by the DCCs, you’ll have more livable communities The LGA gives municipalities all the guidelines and regulations to charge flexible DCC rates. However, in the interest of simplicity, municipalities often practice “one size fits all”. The LGA gives municipalities all the guidelines and regulations to charge flexible DCC rates. However, in the interest of simplicity, municipalities often practice “one size fits all”. Most municipalities make no attempt to densify and don’t make their DCC system part of the regulatory system to support smart growth principles. Most municipalities make no attempt to densify and don’t make their DCC system part of the regulatory system to support smart growth principles.

24. 24 DCCs and CACs In most of core areas, there are alternative sites for residential sites. For a development to out-compete, the DCC has to reflect the true costs of development. The lower DCC in a greenfield site will generate greater development. In most of core areas, there are alternative sites for residential sites. For a development to out-compete, the DCC has to reflect the true costs of development. The lower DCC in a greenfield site will generate greater development. Community Amenity Contributions (CACs) are specific charges or community amenities that the City of Vancouver can negotiate with developers in major megaprojects. These can include schools, daycare facilities, community centres, parks, or cash-in-lieu. They are loosely calculated on the basis of the increased value and profit that a developer will make from the rezoning and development of a specific parcel of land. Community Amenity Contributions (CACs) are specific charges or community amenities that the City of Vancouver can negotiate with developers in major megaprojects. These can include schools, daycare facilities, community centres, parks, or cash-in-lieu. They are loosely calculated on the basis of the increased value and profit that a developer will make from the rezoning and development of a specific parcel of land.

25. 25 Chapter 8: Planning as Government Action Development control (discussed last time) can only accomplish so much without active interventions by governments. This can take two broad forms: investing in public works, and “priming the pump” for private investment through public sector development. As Peter Hedicar puts it, “First, they must create those features in the plan (for example highways or car parks) which they themselves have planned. Second, they must influence the activities of the private sector so that developments of the kind indicated in the plan materialize in the time and place specified.” Development control (discussed last time) can only accomplish so much without active interventions by governments. This can take two broad forms: investing in public works, and “priming the pump” for private investment through public sector development. As Peter Hedicar puts it, “First, they must create those features in the plan (for example highways or car parks) which they themselves have planned. Second, they must influence the activities of the private sector so that developments of the kind indicated in the plan materialize in the time and place specified.” In what way is the NNC an example of this? In what way is the NNC an example of this?

26. 26 Chapter 8: Planning as Development Control Distinction between priming and secondary decisions. Distinction between priming and secondary decisions. Priming decisions can be made by both the public and private sectors. Public might include: highways, utilities, major transit installations, ministry or crown corporation head offices; private might include a major shopping mall, industry, or major residential development. Priming decisions can be made by both the public and private sectors. Public might include: highways, utilities, major transit installations, ministry or crown corporation head offices; private might include a major shopping mall, industry, or major residential development. These set the stage for smaller decisions by secondary players (businesses, homeowners, and so on). These set the stage for smaller decisions by secondary players (businesses, homeowners, and so on).

27. 27 Chapter 8: Capital Works In theory, major public works are to be determined by and are to support an official community plan. However, in practice, this is often not the case – in part, because of lack of cooperation between different levels of government (e.g., GVRD & RAV). In theory, major public works are to be determined by and are to support an official community plan. However, in practice, this is often not the case – in part, because of lack of cooperation between different levels of government (e.g., GVRD & RAV). Even within local governments, there are often conflicts between different departments over budgets and priorities (for instance, between transit planners and traffic engineers, and between the latter and land use planners). This can lead to lowest common denominator planning in practice. Even within local governments, there are often conflicts between different departments over budgets and priorities (for instance, between transit planners and traffic engineers, and between the latter and land use planners). This can lead to lowest common denominator planning in practice. Sometimes the agencies planning the various functions have different boundaries, and thus don’t have “their act together.” Sometimes the agencies planning the various functions have different boundaries, and thus don’t have “their act together.”

28. 28 Chapter 8: Capital Works The key is to use capital spending to leverage private sector investment and consumer behavior. The key is to use capital spending to leverage private sector investment and consumer behavior. In many cases, so-called “soft services” (education, parks and recreation, community centres, social services, and cultural institutions) don’t get the same attention or priority as hard services (water, sewer, fire, police, & roads), and yet they often have an enormous impact on investment decisions and residential and business location choices. In many cases, so-called “soft services” (education, parks and recreation, community centres, social services, and cultural institutions) don’t get the same attention or priority as hard services (water, sewer, fire, police, & roads), and yet they often have an enormous impact on investment decisions and residential and business location choices. In addition, different professions often have different values and perspectives and can work at cross purposes (ask Pam!). In addition, different professions often have different values and perspectives and can work at cross purposes (ask Pam!).

29. 29 Chapter 8: Land Acquisition and Assembly Another pro-active measure that local and senior governments can take is acquiring land (sometimes called “land banking”). The motivations can be several: Another pro-active measure that local and senior governments can take is acquiring land (sometimes called “land banking”). The motivations can be several: -to capture rising land values for the public sector & regulate land prices; -to have land available for public works and transport-ation improvements, rather than waiting until a project is announced and owners raise their prices in anticipation of a windfall profit; -to control growth and development patterns (this is done by the City of Saskatoon); -to acquire open space lands for recreation and habitat; -to provide affordable housing, either by selling the land to developers at reduced prices or by building social housing on it.

30. 30 Chapter 8: Land Acquisition and Assembly Land acquisition is tricky: there is the matter of knowing where to buy; how to do so without tipping off landowners; the issue of ‘holdouts’ (one can expropriate if there is sufficient justification), and the danger that a specially established corporation set up for the purpose may become a power unto itself and become self-perpetuating. Land acquisition is tricky: there is the matter of knowing where to buy; how to do so without tipping off landowners; the issue of ‘holdouts’ (one can expropriate if there is sufficient justification), and the danger that a specially established corporation set up for the purpose may become a power unto itself and become self-perpetuating. In Vancouver, there has also often been conflicts between the City’s land-holding and investment arm (Real Estate Services [RES]) and the Planning Department, one example being over Southeast False Creek. The City owns the land, and RES wanted to sell the land to the highest bidder, while the planners and many community groups wanted to have the City take a loss on what it could potentially sell it for so that it could have more affordable housing and experiment with environmental sustainability features. In Vancouver, there has also often been conflicts between the City’s land-holding and investment arm (Real Estate Services [RES]) and the Planning Department, one example being over Southeast False Creek. The City owns the land, and RES wanted to sell the land to the highest bidder, while the planners and many community groups wanted to have the City take a loss on what it could potentially sell it for so that it could have more affordable housing and experiment with environmental sustainability features.

31. 31 Chapter 8: Land Acquisition and Assembly Land trusts are one way that land can be held in the public domain – either by a municipality or by a non- profit association. Land trusts can protect land for agriculture, conservation, recreation, or affordable housing. Land trusts are one way that land can be held in the public domain – either by a municipality or by a non- profit association. Land trusts can protect land for agriculture, conservation, recreation, or affordable housing. Land trusts acquire land by: Land trusts acquire land by: -purchasing land at less than full market value, with the original owner getting tax considerations; -purchasing land at less than full market value, with the original owner getting tax considerations; -receiving donations and bequests of land, again often in return for tax considerations or residency conditions; -receiving donations and bequests of land, again often in return for tax considerations or residency conditions; -acquiring easements or other forms of limited control over the land while the land remains in private ownership. -acquiring easements or other forms of limited control over the land while the land remains in private ownership.

32. 32 Chapter 8: Development Corporations and Public/ Private Corporations Development corporations can be formed, either as publicly controlled entities, or as public/ private partnerships (can you think of any examples?). Their purpose is usually to work on a specific development project, and their job is to work on all aspects of it: land acquisition, financing, planning and design, marketing, and management. Different participants may contribute different things. Development corporations can be formed, either as publicly controlled entities, or as public/ private partnerships (can you think of any examples?). Their purpose is usually to work on a specific development project, and their job is to work on all aspects of it: land acquisition, financing, planning and design, marketing, and management. Different participants may contribute different things. The municipality may contribute land while a private corporation may provide financing and management and marketing expertise (sound familiar?). Harbourfront (Toronto), Battery Park (New York), and the Docklands (London) are all examples of public/private partnerships. While such arrangements are “efficient,” they are also tricky? Why might this be? The municipality may contribute land while a private corporation may provide financing and management and marketing expertise (sound familiar?). Harbourfront (Toronto), Battery Park (New York), and the Docklands (London) are all examples of public/private partnerships. While such arrangements are “efficient,” they are also tricky? Why might this be?

33. 33 Chapter 8: Community Improvement Efforts Community improvement schemes have been used for a long time to assist in the rehabilitation of both residential and commercial districts. Target areas usually have a fairly high degree of homogeneity and stability, but are showing signs of ‘decline’. Community improvement schemes have been used for a long time to assist in the rehabilitation of both residential and commercial districts. Target areas usually have a fairly high degree of homogeneity and stability, but are showing signs of ‘decline’. Neighbourhood improvement typically involves a suite of tools: enforcement of maintenance of property standards, loans (forgiveable or otherwise) for rehab and repair, subsidies for insulation, and grants/ budget allocations for infrastructure upgrades (roads, sewers, sidewalks, etc.). Neighbourhood improvement typically involves a suite of tools: enforcement of maintenance of property standards, loans (forgiveable or otherwise) for rehab and repair, subsidies for insulation, and grants/ budget allocations for infrastructure upgrades (roads, sewers, sidewalks, etc.). Good examples include the Residential Rehabilitation and Assistance Program (RRAP) and Neighbourhood Improvement Program (NIP) of the 1970s. Good examples include the Residential Rehabilitation and Assistance Program (RRAP) and Neighbourhood Improvement Program (NIP) of the 1970s.

34. 34 Chapter 8: Community Improvement Efforts Commercial areas often require new sidewalks, new lampposts, benches, trees, awnings, signage, added parking, and so on. These things can be paid for out of capital budgets, a local business improvement association (BIA) tax, or a combination of the two. Commercial areas often require new sidewalks, new lampposts, benches, trees, awnings, signage, added parking, and so on. These things can be paid for out of capital budgets, a local business improvement association (BIA) tax, or a combination of the two. There are two ways of meeting needs: locating the user in the appropriate environment or enhancing the existing environment for the existing user. Improvement involves the latter. There are two ways of meeting needs: locating the user in the appropriate environment or enhancing the existing environment for the existing user. Improvement involves the latter. With both residential and commercial improvement, there is a danger – that of gentrification. [What does this term mean, and what are some examples of it?] With both residential and commercial improvement, there is a danger – that of gentrification. [What does this term mean, and what are some examples of it?]

35. 35 Chapter 8: Development Fees We've talked a little bit about DCCs or DCLs (as they are sometimes called), but there are a few additional points that can be made: We've talked a little bit about DCCs or DCLs (as they are sometimes called), but there are a few additional points that can be made: -the trend towards charging them began in the ‘60s, and has intensified since, as a result of senior governments withdrawing infrastructure funding; -the trend towards charging them began in the ‘60s, and has intensified since, as a result of senior governments withdrawing infrastructure funding; -in theory, they are supposed to be charged on the basis of how much additional facilities will cost to service new development, rather making such fees pay for a pre- existing “wish list”; -in theory, they are supposed to be charged on the basis of how much additional facilities will cost to service new development, rather making such fees pay for a pre- existing “wish list”; -one has to avoid the danger of ‘double taxation’ – where residents of a new area get the DCCs passed on to them, and have to pay regular taxes in addition. -one has to avoid the danger of ‘double taxation’ – where residents of a new area get the DCCs passed on to them, and have to pay regular taxes in addition.

36. 36 Chapter 8: Planning as Government Action Government action, in the forms we have discussed, should go hand in hand with development control. The challenge is to harmonize all the various things that local and senior governments are doing, and not have them cancel one another out. One possible way to try to bring all interests to the table is through charrettes. Overall, a strong vision and strong leadership is needed. Government action, in the forms we have discussed, should go hand in hand with development control. The challenge is to harmonize all the various things that local and senior governments are doing, and not have them cancel one another out. One possible way to try to bring all interests to the table is through charrettes. Overall, a strong vision and strong leadership is needed. Planners must learn from what has worked in other jurisdictions, and senior governments must learn to work with local priorities rather than imposing their agendas on communities. Planners must learn from what has worked in other jurisdictions, and senior governments must learn to work with local priorities rather than imposing their agendas on communities.

37. 37 Major Problems Confronting Planners (in the view of Leung)‏ no uniform definition of land use planning and of what plans should contain and can accomplish; resulting confusion no uniform definition of land use planning and of what plans should contain and can accomplish; resulting confusion planning principles are too idealistic planning principles are too idealistic confusion between development control and planning, with the result that insufficient attention is being paid to the ‘big picture’; everything is too piecemeal confusion between development control and planning, with the result that insufficient attention is being paid to the ‘big picture’; everything is too piecemeal sometimes too much attempt to coordinate every little detail on a regional scale or local; attempts at being too comprehensive sometimes too much attempt to coordinate every little detail on a regional scale or local; attempts at being too comprehensive carbon copy plans or plans that are not respected carbon copy plans or plans that are not respected need to optimize the four purposes of plans: need to optimize the four purposes of plans:

38. 38 Major Problems Confronting Planners (in the view of Leung)‏ -as legal basis for development control -as a visionary policy document -as an educational document for discussion and involvement -as a program document for guiding implementation strategies tension between long-range, integrated perspective and short-term political expediency tension between long-range, integrated perspective and short-term political expediency lack of coordination of land use plans with other governmental programs and actions lack of coordination of land use plans with other governmental programs and actions unrealistic expectations concerning the analytical powers and efficacy of planning and planners. unrealistic expectations concerning the analytical powers and efficacy of planning and planners.

39. 39 Who is the Land Use Planner? “A land use planner is perhaps best defined as one whose job it is to ensure the congruence between the activities of people, firms, and institutions and the physical setting in which these take place” (p. 250). “A land use planner is perhaps best defined as one whose job it is to ensure the congruence between the activities of people, firms, and institutions and the physical setting in which these take place” (p. 250). By nature, a land use planner is a generalist who has to understand and collate basic principles and practices from a variety of related disciplines. What are are some of these? By nature, a land use planner is a generalist who has to understand and collate basic principles and practices from a variety of related disciplines. What are are some of these? Planners perform a number of roles – manager, analyst, advocate, controller, communicator, designer, evaluator, and negotiator. (What are some examples of situations where each of these roles are performed?) Each requires different skills, aptitudes, and perspectives. Planners perform a number of roles – manager, analyst, advocate, controller, communicator, designer, evaluator, and negotiator. (What are some examples of situations where each of these roles are performed?) Each requires different skills, aptitudes, and perspectives.

40. 40 New Challenges & Prospects for the Future Because of its location within a bureaucracy, planning and planners have tended to be conservative. However, given the enormous changes taking place in our world (increasing cultural and social diversity, climate change and other negative environmental impacts, peak oil, the need to protect resource lands, a need to safeguard our heritage and to encourage a sense of place/ community), “business-as-usual” is no longer a viable option. Planners, with support from politicians, need to embrace innovation. What are some possible ways to do this? Because of its location within a bureaucracy, planning and planners have tended to be conservative. However, given the enormous changes taking place in our world (increasing cultural and social diversity, climate change and other negative environmental impacts, peak oil, the need to protect resource lands, a need to safeguard our heritage and to encourage a sense of place/ community), “business-as-usual” is no longer a viable option. Planners, with support from politicians, need to embrace innovation. What are some possible ways to do this? Instead of seeing planning as a static, ‘form-giving’ activity, it may be necessary to view it as encouraging the organic forces of renewal slumbering within cities themselves? Instead of seeing planning as a static, ‘form-giving’ activity, it may be necessary to view it as encouraging the organic forces of renewal slumbering within cities themselves? How will planning likely be different in the years to come? Are there new analytical approaches and assessment tools that will need to be developed or enhanced? What other kinds of tools may need to be incorporated? How will planning likely be different in the years to come? Are there new analytical approaches and assessment tools that will need to be developed or enhanced? What other kinds of tools may need to be incorporated?