URBS 393 Test 2

Local plans go to RCM for assessment of conformity!
LUPDA ss. 32-34: The local planning programme must ensure conformity with the regional development plan.
Within 24 months (2 years) of the coming into force of the RCM plan – every municipality must amend local plan, if required, so that it is in conformity with the objectives of the RCM plan

1. guide development on private land
2. coordinate public development efforts

​​Local planning program MUST include:
general aims;
general policies on land use and occupation densities;
planned layout of thoroughfares.

S. 84 – MAY – not obligatory – optional content of the planning program
Zones to be renovated, restored, protected;
Nature and location of public services;
Cost for implementation, etc…

Projects at huge scales: ex: turcot, griffintown

S. 97-s.100 – Adoption of the Planning Program
Comes into force on the day that the RCM issues a certificate of conformity with the RCM plan
A copy of the planning program with a notice of the date of its coming into force MUST be sent to all neighbouring municipalities and to the RCM

Effects of the planning program
S. 102 – within 90 days of adopting planning program, municipalities must adopt zoning, sub-division and construction by-laws for its entire territory
These new bylaws must be in conformity with the planning program and with the objectives of the RCM plan
Send a copy of these documents to the RCM

from the 5th anniversary of the coming into force of the planning program – the municipality may revise the planning program
Process for plan revision same as that of plan amendment

Within 90 days of coming into force of by-law amending or revising the planning program (i.e. once the amended planning program is in force) - council has to then adjust:
Zoning bylaws
Construction bylaws and
Sub-division control by-laws

So they conform to the amended or revised planning program (i.e. concordance by-laws)

Step 1. - Section 111 – 112 - Interim Control resolution (when amending local plan)
Partial freeze to development of usesuildings
valid for 90 days
while in force – it supersedes the existing Z, C, SD by-laws

Step 2 – Interim control by-law - Ss. 112.2 - Council may by by-law prohibit new uses, new structures, applications for cadastral operations or the parcelling out of lots

Ex: Montreal adopted interim control while it was developing its protective policy for mount royal

the measurement of a building's floor area in relation to the size of the lot/parcel that the building is located on

Municipalities sometimes give developers higher than normal F.A.R.s to encourage them to leave extra open space at ground level;

where the building can lie on a lot (including height)

New ‘monster homes’ often dwarf older neighbouring dwellings, even though they are built within the same zone regulations. They take advantage of the whole building envelope.

S. 113(18): to regulate, by zone or for the whole territory, non-conforming structures and uses protected by acquired rights:
(a) by requiring that a non-conforming use protected by acquired rights cease if such use has been abandoned, has ceased or has been interrupted for six months;
(b) by stipulating that a non-conforming use or structure protected by acquired rights shall not be replaced by another non-conforming use or structure;
(c) by prohibiting the extension or alteration of a non-conforming use or structure protected by acquired rights, or by establishing conditions under which a non- conforming use or structure protected by acquired rights may be extended or altered;

aquired rights
bar which had nude dancers changed to western singers --> this change was close enough that they did nto lose thri acquired rights

North York defined family as 2 or more people related through blood, marrigae or children
3 roommates living together in a dwelling where no was a owner, this contradicted the bylaw- which they challenged
The by-law which restricting it to family was not restricting use of the building, but WHO used it- This is not allowed

S. 113(19): regulate by zone, specific conditions of siting or layout applicable to structures and uses on lots not in conformity with the subdivision by-law which are protected by acquired rights;
Farmhouse Example:
A farmer sells his land which is then parceled off, but he keeps a segment with his buildings
His buildings are protected by acquired rights and do not have to follow the rules of the other new lots

1. Substance of the plan
High quality living environments
Plan subdivision to engage and planning standards

2. Process
1. Specified process
2. Plan circulation
Circulate plan to all branches of government who may be involved
3. conditions for approval
4. Subdivision agreement
5. Final plan

S. 116 – Municipality may pass a by-law where no permits are issued unless one or more of the following conditions are complied with:
S. 116.1 – landsite for each proposed structure forms a separate lot
S. 116.2 – waterworks and sewer services are installed (or in progress)
S. 116.3 – if waterworks and sewer services are not yet installed – and there is no by-law in place ordering their installation, the drinking water supply and waste water treatment planned for the proposed structures must comply with the Environmental Quality Act
S. 116.4 - land where structure is to be built is adjacent to a public or private street in conformity with the sub-division bylaw
S. 116.5 – land where structure is to be built is adjacent to a public street

Developers give land to city to build parks, because they don't want to
Council can adopt bylaw on park land: to set it up and then the city will be given a certain percentage (10% usually) of S.D. for parks
10% of value of subdivision land→ can not ask for more than 10%

Definition: tools to link long-term planning goals to short-term development projects/activities
3 main types:
1. Budgeting and programming of community capital investment in facilities and land;
2. Public incentive and support programs to stimulate private actions;
3. Detailed plans for improving specific areas – Special Planning Programs – S. 85 in LUPDA.

1. Capital Improvements Program: schedule of proposed expenditures for public physical facilities covering a period several years into the future;

2. Capital Improvements Budget: expenditures for the physical facilities to which the community is committed in the next fiscal year;

3. Capital Improvements: new or expanded physical facilities that are relatively large, expensive and permanent
Examples: streets, libraries, fire halls and water mains.

Overall goal of CIP = to reconcile competing public projects into a ‘middle-range’ plan of facilities

1. Analysis of financial resources
2. Requests for proposed projects
3. Choices among functional groups
4. Determining the sequence of projects
5. Setting the priority of projects

Process starts with developing a vision of the community in next 10 years
Identifying the strategic actions that need to be taken in order to get there and achieve that vision.
ex: Montreal Development plan

1. Development incentives: tax/monetary
2. Other Statutory tools:
Building regulations: Task of municipality is to ensure that the provincial building code which sets the basic standards for construction is enforced within the municipality;
Expropriation: principle underlying it is that the highest property right essentially rests with the community
3. Property taxes and development charges = fiscal tools for influencing development on private land

Targeting of specific areas for development offers a strategic tool for achieving planning objectives;
Targeting acknowledges two important aspects of urban development:

1) Differences in pace of development between various areas;
2) Public infrastructure investments (for roads, parks, etc.) usually precede private investment.

1. IDENTIFYING THE AREA

2. CITY COUNCIL VOTES
to approve the beginning of an SPP process

3. PORTRAIT
Studies & sometimes public consultation before drafting SPP

4. WRITING THE SPP
goals for the future of an area as well as urban planning bylaws, public amenities, and programs and policies that will help reach these goals.

5. PUBLIC CONSULTATION ON THE DRAFT SPP

6. COUNCIL SIGNS OFF:
Executive Committee and City Council vote on whether or not to adopt the SPP as is or to make any recommended changes based on public consultation findings.
The Master Plan is then modified to incorporate the SPP.
The borough’s detailed zoning bylaws are also changed to reflect what was said in the SPP.

Combines public policies with private resources ;
Used to construct any public facility that used to be constructed/operated by the government itself:

PPP model for this site

OCPM recommendations- 4 major orientations for the formation of PPU for the Saint-Raymond sector
1. Partnerships and public consultation
2. The opening up of the Saint-Raymond neighbourhood – as it is an enclave neighbourhood surrounded by rigid physical barriers.
3. The maintenance of existing populations and the development of social infrastructure.
4. Improvement of the quality of local surroundings.

special ways to refine the impact of zoning
variance, holding zones, and development control

exception to zoning
Because it affects others property rights, it is a a process spelled out in LUPDA
Go to a special appeal body and planning advisory council makes recommendation and then full council decides whether to approve or not

Minor exemptions can only be used on the standards
NOT for change of USE (i.e. can’t change from residential to commercial use)
NOT for DENSITY (# of people per hectare)

Site plan control through permits- control of architecture
Evaluated in terms of criteria (much more flexible than zoning)
Require people to submit applications,but some areas have made entire municipalities go to development control
Zoning vs development control
-Zoning: exact standards and norms
-Development control: guidelines and criteria

Plan d'aménagement D'ensemble (PAE)
Assign incomplete zoning to an area so it can be decided at a later date
Mostly used on periphery of urban areas
Can be zoned
R(H), C(H),I(H) or R(X), C(H), I(H) --> french
Know it will be residential, commercial or industrial, but does not know what category of it

Useful in the following types of situations:
1. The development of new residential neighbourhoods on the ruralrban periphery
2. Already built areas with a change of function
3. Local municipal projects where the protection of the natural environment requires particular measures

Largely a negotiated method
City retains considerable discretion
Strengths: Maximum flexibility – to negotiate bonuses on a site-specific level
Weakenesses: Long negotiation process $$$, Harder to ensure that all property owners are being treated fairly

Spells out explicitly precise elements of each zoning feature and it’s corresponding potential density gain
Advance notice to developers of which bonus awards available - predictable
Strengths: Relative predictability, Less susceptible to legal challenge
Weaknesses: less flexible, Letter of the code vs. spirit of the code

Section 37 of Ontario Planning Act gives cities the ability to pass a zoning by-law to grant an increase the density or height for a particular project that is greater than what the existing zoning by-law would typically allow in return for community benefits

ex: additional park land, non-profit facilitues, transit improvements etc

“Aim to encourage the development, on large sites, of a wide variety of housing options, responding to the different needs anf incomes of Montrealers; facilitate the creation of social and community housing; stimulate the production of dwellings affordable for first-time homeowners”

Ex: imperial tobacco lofts

Projets particuliers de construction, de modification ou d'occupation d'un immeuble (PPCMOI)

application of zoning to a specific parcel(s) within a larger zoned area
Discretionary tool that allows a project to depart from any or all aspects of urban land use by-laws
‘zoning by project’ BUT must respect the objectives of the Masterplan!
must be approved by planning advisory committee

approvesejects applications to zoning exceptions
spells out rules and procedure for applications
makes sure all conforms to law

combination of as-a-right and discretioanry

1. which public goals to promote?
2. public policies for the goals that give legal basis to zoning
3. analyse market and potential finacial impediments

1. construction cost
2. developer benefit
3. public benefit
4. any harm incurred by the public

greater procedural protection are required the more intrusive a municipal activity

balance between right to attend meetings and municipal confenditiality
commitee meetings must be held in public

political figure should not be influcend by having a personal interest

1. diswualified if financial interest
2. have an open mind

defamatory newspaper about blair , idea of what is 'publci interest'

idea of haveing a 'closed mind', he did not

had acquired right to be in a certain zone, what to expand school even though it was no longer zoned for it
by-law forced all schools, chruches etc to be approved by council
must allowing the building of schools