HomeMy WebLinkAboutCL 01-02 (Addendum)
013
REPORT TO COUNCIL
FROM:
Bruce Taylor, AMCT, CMM
City Clerk
DATE: April 30, 2002
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REPORT NUMBER: CL 01-02 (ADDENDUM)
SUBJECT:
Processing Development Applications & Public Notification
RECOMMENDATION:
1.
That Clerk's Report CL 01-02 (Addendum) respecting the Processing of Development
Applications and Public Notification be received.
2.
That the Summary of Recommendations of the Staff and the Community Associations as
set out in Clerk's Report CL 01~02 (Addendum) respecting improvements to the
processing of development applications and public notifications be adopted as noted.
3.
That the said Summary of Recommendations of the Staff and the Community Associations
be implemented in September, 2002.
4.
That the said Summary of Recommendations of the Staff and the Community Associations
be reviewed in January of2004.
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ORIGIN:
1.
2.
Resolution #129/01 passed on October 15, 2001
Referral motion made at the Committee of the Whole Meeting of February 11,2002
AUTHORITY:
Various section of the Planning Act and Municipal Act
FINANCIAL IMPLICATIONS:
Minimal cost increases for postage and other incidental costs related to an improved development
application process. .
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EXECUTIVE SUMMARY:
At its meeting of February 11, 2002, the Committee of the Whole received Report to Council
CL 01-02 respecting improvements to the processing of development applications and public
notifications. The Committee also referred the Summary of Recommendations set out in that
Report to staff to allow for discussion with community groups and to be brought back to the
April 8th Committee of the Whole Meeting. A meeting of representatives of the City's
Community Association was held on March 12, 2002 and their recommendations are attached to
this Addendum Report.
01 4 Report to Council CL 01-02 (Addendum)
Date: April 30, 2002
Subject: Processing Development Applications & Public Notification
Page 2
BACKGROUND:
Please find attached to this Addendum Report a copy of Report to Council CL 0 1 ~02 regarding
the processing of development applications and public notification. At the Committee of the
Whole Meeting of February 11, 2002 this Report was received for information and the Summary
of Recommendations set out in that Report was referred to staff to allow for discussion with
community groups.
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At the February 11 th Meeting, David Steele committed to chairing a meeting of community groups
with a view to reviewing the Summary of Recommendations provided by City staff and seeking
further comments and recommendations ftom the community groups. A meeting of the
Community Associations was held on March 12, 2002 and a copy of the Minutes ofthat meeting
are also attached hereto for your information.
The following is the Summary of Recommendations set out in Report to Council CL 01-02, which
are the recommendations of staff:
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SUMMARY OF RECOMMENDATIONS MADE BY STAFF
1.
An entry will be put on all the Standing Committee Agendas that indicates that all
recommendations approved at the Standing Committee level will be subject to
ratification by Council the following week and advising the public on how to register
as a delegation to a Council Meeting.
2.
Zoning by-laws will be clearly identified in the Council Agenda by stating the pui-pose
of the by-law. the location of the lands affected by the by-law and the applicant's
name.
3.
Where the time between a Statutory Public Information Meeting and a Planning
Committee Meeting is greater than one year, Notices of a Planning Committee
Meeting will be sent to all property owners within 120 metres of the subject property.
4.
Newly submitted development applications will be listed on the City's Website.
5.
Notices of a development application submitted within a formal study area, during the
study period, will be circulated to all persons identified on the mailing list associated
with the study.
6.
Citizen guides will be prepared by staff to assist the public in understanding the various
development application processes.
7.
Copies of Reports to Council that are included in a Planning Committee Agenda will
be made available to the public in the Lobby of the Civic Complex on the evening of
the Planning Committee Meeting.
8.
Staff are currently investigating the feasibility of providing the agendas for both
Council and Standing Committee Meetings on the Monday or Tuesday preceding the
meeting.
The following is a summary of the recommendations made by the Community Associations as set
out in the Minutes of the March 12th meeting with the comments of staff printed in italics
following each recommendation:
0,15
Report to Council CL 01-02 (Addendum)
Date: April 30, 2002
Subject: Processing Development Applications & Public Notification
Page 3
SUMMARY OF RECOMMENDATIONS MADE BY COMMUNITY ASSOCIATIONS
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2(b)
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3.
4.
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5.
1.
Continue with signs on the designated site, but in1plement a method of updating the
sign details to ensure that it follows the whole process.
Updating the signs on the designated site is costly and impractical. There are other
methods of achieving the goal of keeping the area residents up to date such as having
the resident add their name to the mailing list to be advised of all meetings.
2(a)
Continue with public notifications of development applications and related
reports/meetings, but make it more timely/effective.
At present, a 20-day notification letter is sent out advising area residents of a
Statutory Public Information Meeting and including details in that letter. This is a
requirement of the Planning Act.
A 10-day notification letter is sent out advising of the Planning Committee and
Council Meeting in which an application will be considered. This notification letter
will now be sent out approximately 20 days prior to the Planning Committee Meeting
and 27 days prior to the Council Meeting if the deadline for preparing agendas is
moved back a week.
Do not rely entire on Associations to inform the public; the City should use multiple
communication mechanisms to inform the public.
Staff agree with this recommendation and we are currently reviewing the Community
Page and Website to determine how these mechanisms can be used to provide
adequate information about upcoming meetings and background iriformation.
Make full Agenda (including back-up documents) available to the public.
Staff hope to make the full agenda available to the public by providing hyperlinks
from the index pages in the agendas that are on the City's website to the background
material. The public can view the full hard copy agendas at the Civic Complex or the
Libraries and if they want a copy of a Report that in included in an agenda, staff
have provided this. at no cost. It would be difficult to produce full copies of the
agendas for the public because staff would not know at any given time how many to
produce plus there is a significant cost to producing full agendas which we try to
recover by charging subscription fees to people who want the agendas on a continual
basis.
Consider e-mailing / faxing the entire Agenda (including back-up documents) to
Associations if requested.
Staff would have no difficulty E-Mailing or Faxing the index pages to Associations
upon request, however, .it would not be feasible to E-Mail or FAX the entire Agenda.
As noted earlier, we hope to provide hyperlinks from the agendas produced on the
City's website to the backup documents.
NotifY the public of development application related agenda items one month prior to
the Meeting for significant issues, or for all planning matters if establishing criteria
proves problematic.
It would be difficult to determine what is significant because the difference in
perception between staff and the public of what is considered significant could be
very different. If letters of notification were sent a month in advance of a meeting, it
could lead to many cancellation notices being sent because items scheduled for
particular Planning Committee Meetings are often re-scheduled up to the last minute.
0.16
Report to Council CL 01-02 (Addendum)
Date: Apri130, 2002
Subject: Processing Development Applications & Public Notification
Page 4
As noted above, if the deadline for preparing agendas is moved back a week the
notification letter for Planning Committee Meetings will be sent out 20 days in
advance of the meeting.
6.
Publish Committee of Adjustment Agendas/Minutes on the City Website.
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This is an excellent idea and the Planning staff have no problem with implementing
this. Only the index pages of the agenda will be posted on the City's Website,
however, in the near future, there would be links to the Planning Reports for the
convenience of the residents. .
7.
Circulate Committee of Adjustment applications that modify previously approved
development applications.
This recommendation causes some problems for staff because there is no suggestion
as to how far back staff should go plus essentially all Committee of Adjustment
applications are modifYing previously approved development applications. Any
Community Association can write to the Committee of Adjustment to be put on their
circulation lists plus the City will now be putting the Committee of Adjustment
agendas on the City's Website.
8.
The agendas need to be distributed much earlier than currently happens. Notify the
public of development application related agenda items 14 days prior to the committee
Meeting for less significant issues.
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At present, the agendas are distributed on the Thursday preceding the Council or
Standing Committee Meetings. Senior staff have indicated that they have no problem
having the agenda deadlines moved back so that the Council and Standing Committee
agendas can be distributed about 10 days prior to the meeting. Staff will be in a
position to implement these new deadline and distribution dates in September.
9.
Include the full agenda (including back-up documents) on the City's website.
Council approved the proposed Records Management Program in the 2002 budget.
One component of this program is to provide for document imaging which will allow
for links between the various items that are on the agendas and the actual reports.
Staff hope to have this process in place before the end of 2002 and this would
essentially provide for full agendas on the City's Website.
10.
Provide public access to Reports after hours, including a procedure to pick, up hard
copies after normal working hours.
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Public access to Reports after hours will certainly be provided through the City's
Website once the Records Management Program is implemented as noted in
Recommendation #9 above. If any person was to pick up a hard copy of a Report
after normal working hours, they need only call the Civic Complex to indicate the
Report that they want and the approximate time they will be picking it up and we
make arrangements for them to pick it up from the Security Guard at the Civic
Complex.
11.
Hard copies of Agendas and Reports should available at the Libraries as soon as
possible.
Hard copies of the Agendas are currently made available to the Central Library on
the Thursday preceding the meeting. Staff will provide additional copies of the
Agendas so that they can be delivered to the Library branches. Also, once the
Agenda deadlines are moved back the Central Library and the branches will get the
hard copies of the Agendas much earlier.
Report to Council CL 01-02 (Addendum)
Date: Apri130, 2002
017
Subject: Processing Development Applications & Public Notification
Page 5
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15.
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16.
17.
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12,
Develop a "Planning Process Flowchart" for various planning and development
applications processes and consult with community associations to make sure the
intended objective is met, and make same available to the public.
The staff of the Department, Planning & Development support this recommendation
on condition that a generic type of flow chart is being contemplated The flow chart
that is developed will be made available not only in hard copy at the Civic Complex
and other municipal facilities but also the City '8 Website.
13.
Council to refer back to staff to reconsider the legal opinion regarding the City's
authority to expand the notification boundaries.
Council passed Resolution #63/02 on April 2, 2002 to request the Minister of
Municipal Affairs to consider amending the Planning Act to provide for more flexible
notification boundaries.
14.
Implement a varied notification radius depending on the significance of the
development application, or establish a larger more suitable notification radius; this
should be based on consultation with residents and associations.
The Planning Act requires that all notifications be standardized. As noted above,
Council has passed a resolution to request the Minister of Municipal Affairs to
consider amending the Planning Act to provide for more flexible notification
boundaries.
Implement notification policies that ensure fair public notification both in urban and
rural areas.
This is a very valid comment in that it would be beneficial to circulate development
applications to a wider radius in the rural area, however, as noted in
Recommendations #13 and #14 above, the City must conform to the requirements of
the Planning Act, however, Council has passed Resolution #63/02 to request more
flexible notification boundaries.
Ensure any modifications to development applications after the public Statutory Public
Information Meeting and thè initial application are re-circulated in advance of any staff
reports being filed for consideration by a Committee.
If there is a major change to an application, the City will re-circulate the application
as a revision. If a Planning Report is prepared beyond a year since the Statutory
Public Information Meeting, the ten-day notice is circulated to all residents within
120 metres of the subject property. As noted in Recommendation #5, the notice
advising of a Planning Committee Meeting will now be sent about 20 days in advance
of the meeting instead of 1 0 days.
Public notification timelines for all Agenda items should be lengthened for all
committees.
Staff support this recommendation and as noted above, all the deadlines for the
Standing Committees can be moved back so that the agendas will hopefully be ready
about 10 days in advance' of the meeting.
018
Report to Council CL 01-02 (Addendum)
Date: April 30, 2002
Subject: Processing Development Applications & Public Notification
Page 6
SUMMARY
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Except as otherwise noted, staff support either in whole or in part most the recommendations
made by the Community Associations. I would suggest that the recommendations made by staff
and the Community Associations be endorsed and implemented in September firstly because staff
have scheduled items to go before the various Standing Committees in May and June based on the
current deadlines and secondly because sta:ffhope to have the Records Management Program that
was approved in the 2002 budget in place in September whereby we will be able to provide the
hyperlinks between the agendas and Reports.
Also, I would recommend that Council direct that staff and the Community Associations review
the success of the implementation of all recommendations sometime in early 2004 following the
next municipal election. At that point in time, there may be changes made to the Planning Act
with respect to the 120 metre notification radius and there may be new or improved methods of
processing items that will be placed on a public agenda.
ATTACHMENTS:
l.
2.
Report to Council CL 01-02 dated January 31, 2002
Minutes of March 1th Meeting of Community Associations
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z:::;;~ By:
Attachments
Copy: Director, Planning & Development
Recommended for the consideration of Pickering
City Council
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¡::\TTACH!-1Eì',.n'4i'._J__TO REPORT#~L- 6/-0 2:{A.ot1€IVtJUM )
019
Ûiqol
REPORT TO COUNCIL
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FROM:
Bruce Taylor, AMCT, CMM
City Clerk
DATE: January 31, 2002
REPORT NUMBER: CL,OI-02
SUBJECT:
Processing'Development Applications & Public Notification
RECOMMENDATION:
1.
That Clerk's Report CL 01-02 regarding Processing Development Applications and Public
Notification be received. '
2.
That the Smnmary of Recommendations set out in Clerk's Report CL 01-02 respecting
improvements to the processing of development applications and public notifications be
adopted.
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ORIGIN:
Resolution #129/01 passed on October 15, 2001
AUTHORITY:
Various sections of the P1a.nning Act and Municipal Act
FINANCIAL IMPLICATIONS:
Minimal cost increases for postage and other incidental costs related to an improved development
application process.
EXECUTIVE SUMMARY:
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As a result of a resolution passed on October 15, 2001, staff of the Planning & Development
Department and the Clerk' s Divisio~ have been reviewing ways in which the process of
development applications is made more understandable to the public and to provide the public
with a greater awareness of current development applications. This Report also reviews the
findings of the staff and makes recommendation to improve the development application process.
020
ATTACH¡~¡E¡\.r;
Report to Council CL 01-02
t
j'j: CL 01- c)2..- (4tJtJaJO¡)1-"f )
Date: January 31, 2001
Subject: Processing Development Applications & Public Notification
Page 2
BACKGROUND:
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Please be advised that CoUncil passed the followmg resolution at its regular meeting of October
15,2001: .
WHEREAS planning reports, by-laws and other agenda items appear with
technical descriptions that are often difficult for the pubüc to understand in the
summary agendas they receive; and
WHEREAS public interest in seeing the distribution radius and circulation for
development applicàtions expanded is high; and
WHEREAS notice ~f development appücations within study areas are' not
circulated to residents who have expressed interest in the study area; and
WHEREAS achieving the highest degree of public underStanding, and
transparency of our processes is desirable and serves an important public good;
NOW THEREFORE the Chief Administrative Officer, with appropriate staff,
prepare a report for consideration of Committee of the Whole that would: .
1.
Seek to create an information fine for Council and Committee agenda items
that quickly, clearly and simply explains what the item is and where it will be
going next. ,
Give options with respect to increasing the circulation radius for development
appücations and other measures that might increase public knowledge of
appücations. .
Ensure that any development applications that occur within a study area
while the study is underway and for a defined period thereafter are properly
circulated to those on the mailing fist for the study. .
Modify our process such' that notification of implementing zoning by-laws
happens before and after a by-law is to be considered by Council
Recommend any additional measures which would make our process more
transparent to the pubüc; and,
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2.
3.
4.
5.
THAT this report come before Committee of the Whole for its first meeting in
February, 2002.
Please find attached to this RePort the comment of the Director, Planning & Development with
respect to those areas regarding public notification that are in his area of jurisdiction. .
Although the above resolution directs staff to prepare a report on the issue of public notification
as it affects development applications, staff looked at the entire issue of public notification in a
global sense. .
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The following is a summary of staff comments and recommendations in responsè to the five points
set out in the above resolution. .
LISTING ITEMS FOR CONSIDERATION IN THE AGENDAS
Resolution #129/01 directs staff to "Seek to create an information line for Council and Committee
agenda items that quickly, clearly and simply explains what the item is and where it will be going
next. "
'. Report to Council CL 01-02
.;' C'- tJ 1-01.. (11 !!f}€IIJ()ùl-'1 )
fl Date: January 31, 2001
021
Subject Processing Development Applications & Public Notification
Page 3
The following is an example of how items are listed in the PlamDng Committee Agenda:
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PLANNING & DEVELOPMENT REPORT PD 37-01
DRAFT PLAN OF SUBDIVISION APPLICATION S-P 2000-04
ZONING BY-LAW AMENDMENT APPLICATION A 02/01
SEAN MICHAEL GREENE
PART OF LOT 3, PLAN 282
(ROCKWOOD DRIVE. NORTH OF HOGARTH STREET)
As can be noted, the above sample entry :lÌ'om a Planning Committee Agenda shows that the item
is being generated by the Department, Planning & Development, it involves a Draft Plan of
Subdivision and Zomng Application, the file numbers are noted so that any resident can refer to
them if they want to speak to a staffperson during business hours, the applicant's name is stated
because often residents will refer to a development application because they know the applicant
and the location of the àpplication is always stated.
Items listed in the Agendas of the Finance and Operations Committee and the Committee of the
Whole also show what Director or Division Head is originating the Report and the subject of the
Report is always stated.
An entry will be put on all the Standing Co~ee Agendas that indicates that all
recorinnendations approved at the Standing Committee level will be subject to ratification by
Council the following week and any person wishing to address an item at the Colll1cil Meeting
will be required to register as a delegation by noon of the Friday preceding the Council Meeting.
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With respect to items listed in a Colll1cil Agenda, the only problems with respect to clarity that.
have been identified are Zoning By-laws which are very vague because they do not clearly identify
what the purpose of the by-law is, the name of the applicant or the location of the property in
question. Since the passage of Resolution #129/01 on October 15, 2001, the Zoning By-laws
have been listed in the Colll1cil Agendas as follows: .
By-law Number 5928/01
Being a By-law to amend Restricted Area (Zoning) By-Jaw 3036, as amended, to
implement the Official Plan of the City of Pickering District Planning Area, Region of
Durham in Part of Lot 122 and 123, Plan 1051, in the City of Pickering. (A 2/94,
18T-93018) " .
PURPOSE: ZONING BY-LAW
LOCATION: NORTH SIDE OF DUNBARTON RD.,
EAST OF FAIRPORT RD.
APPLICANT: F. MAIDA FAMILY INVESTMENTS LTD.
For residents who are reading the Colll1cil Agendas, I believe the above sample clearly identifies
that the by-law being considered is a Zoning By-law, it states the general location of the subject
property and who is the applicant.
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INCREASING THE CIRCULATION RADIUS
FOR DEVELOPMENT APPLICATIONS AND
OTHER MEASURES TO INCREASE PUBLIC KNOWLEDGE
OF DEVELOPMENT APPLICATIONS
Resolution #129/01 directs staff to "Give options with respect to increasing the circulation radius
for development applications and other measures that might increase public knowledge of
applications. "
Report to Council CL 01-02
I
CL DI-D2_.(IIIJPENth)n)
if}
'-..",.", Date: January 31, 2001
022
Subject: Processing Development Applications & Public Notification
Page 4
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The Planillng Act requires that all property owners within a 120 metre radius be notified of the
submission of a zoning by-law or Official Plan amendment application and the date and time of the
Statutory Public Information Meeting in order to be provided with details of the application.
Currently, only persons who attended the Statutory Public Information Meeting and sign the
"Sign Up" sheet or those who have expressed an interest in writing in the application are notified
of the Planning Committee Meeting where the application will be considered by Council, These
sanle people will be sent the Notice ofthe Passing of a Zoning By-law in the case of a zoning by-
law amendment application.
There are instances when the time between the Statutory Public Infonnation Meeting and the
Planning Committee Meetillg is so great that the mailing list of int~rested parties is no longer
credible. Staff recommends that where the time between the Statutory Public Information
Meeting and the Planning Committee Meeting is greater than one year, all property owners within
120 metres of the subject prope:tY will again be notified of the Planillng Committee Meeting.
The letter to all property owners within a 120 metre radius of the subject lands setting out the
details of the development application and advising of the date of the Statutory Public Information'
Meeting is also sent to all ratepayer organizations and a large. number of agencies such as the
Ajax-Pickering Board of Trade and Rogers Cable. The applicant is also required to post a sign on
the subject property setting out the details of the development application and providing a contact
in the Planning & Development Department that a person could call for further information.
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The Solicitor for the City has advised that the Planning Act provides for a statutory notification
requirement that is not intended to be extended as a municipal Council deems fit. It is the opinion
of the Solicitor that a Council cannot require a greater radius. To do so would put Council in a
position superior to that of the Provincial legislature and that is not a power any municipal
Council can claim.
Council should be aware that the imposition of a circulation notice radius greater than the
Planning Act provision could be misleading for those who might receive notice beyond the
statutory requirement. Such persons nûght believe that they have a right to all further notice
when this is not the case. The Solicitor advises that Council cannot increase the demands on an
applicant beyond those requirement set out ill the Planning Act. .
No other municipality within the Region of Durham has increased their notification radius for
applications processed under the requirements of the Planning Act. .
Within the Planning & Development section of the City's Web Site, a memo item couId be added
entitled "Current Development Applications". Upon double clicking on this menu item, a list of
current applications would appear with the following information:
CURRENT DEVELOPMENT APPLICATIONS
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. FILE NUMBER(S)
ADDRESS
EXPLANATION
APPLICANT
DATE OF PUBLIC
INFORMATION MEETING
LAST DAY FOR COMMENT
CONTACT
OPA 15-002/P and A 99/02
123 Main Street
The 'applicant proposes to develop 20 stacked townhouse and '
street townhouse dwelling units served by an internal private
road on the subject lands.
123456 Ontario Limited
January 17, 2002 at 7:00 p.m. in Council Chambers
January 24, 2002
John Doe, Planner 2 at 905-420-4660, ext. 23
/
c c.. ol-ollAOI) EN!Jun )
Date: January 31, 200 1
023
Report to Council CL 01-02
Subject: Processing Development Applications & Public Notification
Page 5
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NOTE
IF YOU WISH TO BE NOTIFIED OF FUTURE MEETINGS RESPECTING ANY OF THE
ABOVE DEVELOPMENT APPLICATIONS, PLEASE SEND A LEITER OR E-MAIL TO:
BruceT~~~~CT,C~
City Clerk
One The Esplanade
Pickering, Ontario.
LIV 6K7
E:MAIL: bta~lQr@city.pickering.on.ca
It is important to note that the list of Current Development Applications should only be listed on
the Web Site for the duration of the public comment period (30 days) while the application is in
its initial stages. To provide this information for a period that is any longer would only mean that
the list of Current Development Applications would become long and complicated and would
loose its relevance. If any person has an interest in an application, they will notify me in writing
and this will provide for notices of future meetings respecting the application to be sent to them.
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APPLICATIONS WITHIN A STUDY AREA
Resolution #129/01 directs staff to "Ensure that any development .applications that occur within a
study area while the study is underway and for a defined period thereafter are properly circulated
to those on the mailing list for the study."
Notice of any development application submitted within a fonnal study area, during the study
period, could be circulated to all persons identified on the mailing list associated with the study.
Once Council adopts a study, that project should be considered to be complete. Staff then
evaluate any new applications received within the study area based on Council's newly establiShed
policy. It is not recommended that special notification practices apply following completion of
the study. Also, the previous comments of the City Solicitor with respect to circulations being
conducted in strict compliance with the Planning Act would apply once the study has been
completed.
NOTIFICATION OF IMPLEMENTING ZONING BY-LAW
Resolution #129/01 directs staff to "Modify our process such that notification of implementing
zoning by-laws happens before and after a by-law is to be considered by Council." .
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An implementing Zoning By-law is merely the legislative instrument that the Province requires to
implement a zoning decision made by Council. A Zoning By-law cannot be enacted until at least
two public meetings are held; those being the Statutory Public Information Meeting where the
details of the zoning application are made public and the Planning Committee Meeting where the
Planning staff forward a Report to Council maJcing a recommendation on the disposition of the
application. Often, additional public meetings ate held with the local residents in an informal
atmosphere to discuss the application with the applicant and City staff.
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c. ¿ ð/ ~ 0 '2-, (¡4p{JE.IfJf}()lJ J
#---~. Date: January 31, 2001
Report to Council CL 01-02
Subject: Processing Development Applications & Public Notification
Page 6
As noted in the memo of the Director, Planning & Development, it is not recommended that
notice of Council's intent to consider passage of an implementing by-law be circulated to, all
property owners in the initial circulation radius because such an action would tend to draw out the
public in matters for which Council has already made a land use decision and would introduce
significant delays to the application review process.
By the time an application reaches the stage where Council is considering the Zoning By-law,
residents have been given ample opportunity to comment on the application. The PJanning Act
requires that all Zoning By-laws, once passed, be circulated to persons who have expressed an .
interest in the application to provide them with an opportunity to appeal the By-law. to the
Ontario Municipal Board if they so chose.
OTHER MEASURES I TRANSPARENCY
Resolution #129/01 directs staff to "Recomménd any additional measures which would make our
process more transparent to the public."
In the attached memo of the Director, Planning & Development, the following measures have
been noted that could make the development process more transparent not only to the public, but
also to Members of Council and other staff members:
.
The staff of the Planning & Development Department could endeavour to make Reports
to Council pertaining to applications and studies available to Members of Council at least
a week before the Planning Committee Meeting where they are scheduled to be
considered. It is important to note that this may not occur in every case because of
scheduling and process implications.
At the commencement of every Statutory Public llifonnation Meeting; the staff of
Planning & Development outline the Planning process and "next steps" of an application.
If invited by a Community Association, Planning & Development staff will attend their
Association meeting prior to the Statutory Public Infurmation Meeting in order that the
Association has all relevant information prior to preparing their comment.
If requested at Statutory Public Information Meeting,. staff will meet with a resident
working group to further discuss the issues of an application.
Staff are in the process of preparing citizen guides for use by the public to assist in
understanding the various development application processes.
Plain language brochures, prepared by the Province, are available for viewing at the
Planning & Development counter that helps describe various planning processes.
Copies of Reports to Council that are included in a PJanning Committee agenda will be
made available to the public in the Lobby of the Civic Complex on the evening of the
Planning Committee Meeting. It should be noted that these same Reports are also
available to the public upon request once the agenda for the Planning Committee Meeting
has been prepared.
Staff have reviewed and revised the various circulation notices to ~nsure that "plain
language" is used to describe a pJanning proPosal or process, the date of the Statutory
Public Information Meeting is stated in a more prominent location withirÍ the notice letter
and the name and telephone extension of the Planner dealing with the application is clearly
noted.
The wording for notification signs required to be posted on properties subject to a
development application has been simplified over recent years.
Advertisements are placed in the Community Page advising of all public meetings
respecting studies and broad zoning iSsues.
In some very limited Û1stances, notifications of development applications that are located
within a study area have been sent to all persons on the mailing list for the study. This
occurred in the Liverpool Road South Study and the Notion Road Study.
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Report to Council CL 01..01"
I
CL 6/.. c> lCl1lJtJ/!IlJrJun) () ') ~)
i~'.~,.".., Date: January 31, 2001 ~ >.. \
Subject: Processing Development Applications & Public Notification
Page 7
SUMMARY OF RECOMMENDATIONS
The following is a summary of the recommendations contained in this Report that staff believe
will lead to a more transparent development process for not only the public but also for Members
of Council and staff:
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An entry will be put on all the Standing Committee Agendas that indicates that all
recommendations approved at the Standing Committee level will be subject to ratification
by Council the following week and advising the public on how to register asa delegation
, to a Council Meeting.
Zoning by-laws will be clearly identified in the CoUncil Agenda by stating the purpose of
the by-law, the location of the lands affected by the by-law and the applicant~s name.
Where the time between a Statutory Public Information Meeting and a Planning
Committee Meeting is greater than one year, Notices of a 'Planning Committee Meeting
will be sent to all property owners within 120 metres of the subject property.
Newly submitted development applications will be listed on the City's Web.
Notices of a development application submitt~d within a fO1JDal study area, during the
study period, will be circulated to all persons identified on the maiHng list associàted with
the study.
Citizen guides will be prepared by staff to assist the public in understanding the various
development application processes.
Copies of Reports' to Council that are included in a Planning Committee Agenda will be
made available to the public in the Lobby of the Civic Complex on the evening of the
Planning Committee Meeting.
Staff are currently investigating the feasibility of providing the agendas for both Council
and Standing Committee Meetillgs on the Monday or Tuesday preceding the meeting,
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ATTACHMENTS:
1.
Memo of Director, Planning & Development dated January 4~ 2002
Prepared B,y:
A
Bruce Taylor
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Copy: Director, Planning & Development
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ATTACH M ENT # -L TO REPORT # -< !::. 0 I ~ O"L( AD t)G ~ rJ Of) )
PLANNING & DEVELOPIvtENT DEPARTMENT
MEMORANDUM
January 4, 2002
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To:
Bruce Taylor
City Clerk
From:
Neil Can-oil, .
Director, Planning & Development
Subject:
Council Notice of Motion
Measures to Make the Process More Transparent to the Public
. The following comments are provided for your consideration as input into the joint report
to City Council on the above-noted Notice of Motion. The comments are provided in
point fonn under headings reflective of the Notice of Motion. . .
Cn-eulation Radius I Increase Public Knowledl!e of Application:
(a)
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. the currently applied 120-metre notification radius is established in the Planning
Act for zoning by-law and official plan amendments
. any increase in the Planning Act 120 metre notification !adius should not be at the
discretion of the Planning & Development Department, nor on an application
specific basis. '. .
. if Council wishes to establish a wider circulation notice radius it should be
consistent in application - not application specific, and should be. adopted as
Council policy by resolution .
. prior to receiving comments from .the Solicitor. for. the City, Planlling and
Development staff were considering recommending that Council consider a 500
metre notification radius in the ruraf area (exclusive of Hamlets) as the land
parcels are typically larger and an increase will provide additional residents / land
owners with information pertaining to the application. . Further, staff were
considering recommending that C~uncil consider. a 150 metre notification radius
in the urba11 area and Hamlets, to provide an jncreaséd level of notice. However:
+:+ the City Solicitor has advised that the Planning Act provides for a
statutory notification requirement that is not. intended to be extended as a
municipal Council deems fit. It is the opinion of the City Solicitor that a
Council. cannot require a greater radius. To do so would put Council in a
position superior to that of the Provincial legislature and that is not a
power any mU1Úcipal Council can claim .
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Bruce Taylor ATTACHf'ÎENTtt --~~.,TO REPORT # ¿ L ¿J/-OÎ / January 4,2002
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Council Notice of Motion' Page 2
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+:+ COtU1cil should be aware that to impose a circulation notice radius greater
than the Planning Act provision that the result could be misleading for
those who might receive notice beyond the statutory requirement. Such
persons might believe that they had a right to all further notjce'and f?uch is . .
not the case
+:+ the City Solicitor advises that CouncUs cannot increase the demands on an
applicant. .
.:+ a recent telephone survey indicated that no other Municipality within the
Region of Durham has increased their notification .radius forápplicatio~
processed under the requirements of the Planning Act
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. Considering the concern of the City Solicitor, it is recommended that Council
NOT increase notification radius beyond the 120 metre requirements of the
Planning Act. The City still requires the posting of a notice sign on all public
street frontages of the subject property: Notice is also sent to all community
associations registered with ~he City Clerk The sign provides notice to those
persons falling outside the written notification area. No matter what radius
is selected, there will always be residents that fall just outside the notification
area, who may express concern that they were not notified while their
neighbour was.
. it should be noted that these comments do not apply to Committee of Adjustment
applications that are presently circwated to land owners within 60 metres of the
application property. Applications to the Committee of Adjustment are intended
to, deal with matters that are 1IlÌ1ior in nature. Wider circulation notice is not
'\ considered necessary or appropriatè. Pickering residents appear to be adequately
served by the current Planning Act 60 metre notification requirement
. as applications for land severance fall under Regional jurisdiction, the 60 metre
notification radius established under the Planning Act will continue to apply'
(b)
. Council may wish to consider adding specific infonnation from application
circulation notices to the City's Web Site
. the me number, municipal address, brief explanation of the application I proposal,
the applicant's name, date of the Public Infonnation meeting, last date for
comment and Planner's nanle could be provide in a simplified fonnat
028
Bruce Taylor
ATTACH¡VIENTtf:1- TO REPORT#~~t -(J¡~ ~l-(A1~~~4: 2002
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Page 3
Council Notice of Motion
(c)
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. the same infonnation provided on the Web Site (see 'b' above) could àlso be
included in the .'cornmunìty page' which appears in the local newspaper
. this process could be implemented by the Clerk, using the application information
provided by Planning & Development in its initial notification request memo
. Planning & Development staff will ensure that notification request memo to the
Clerk contains a cIearand briefexplanation of the application along with all other
relevant information, for easy transfer to the Web Site and Community Page
. the Clerk would arrange for the information to be added to the Web Site and a
removal / delete date from the Web Site would be established
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Applications within a Study Area:
(a)
. notice of any development application (other than Corimrittee of Adjustinent)
submitted within a formal study area, .during the study period. could be circulated
to all persons identified on the mailing list associated with. the .study
. it would not be appropriate to continue mailing 'notice of development
applications to all persons on the study mailing list following completion of the
study
. once City Cóuncil formally adopts / approves a study, that project should be
considered to be complete. Staff then evaluate, any new applicatÌons received
within the study area based on Council's newly established policy. It is not
recommended that special notification practises apply following completion of the
study
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Notification of Implementine Zonine By-law:
. (a)
. passage of an 'implementing' by-law is the technical impl~mentation of a
ptev~ous Council land use decision~ that has already been debated wi~ full public
input
. currently, only the applicant. is advised (orally) of the date of Council's
consideration of an implementing zoning by-law .
. currently, notice of passage of an implementing zoning by-law is circulated to
those persons who have specifically requested that the Clerk advise of the passage
of the by-law. This notice is essential, as it provides those persons having an
expressed interest in the matter with an up-to-date status of the zoning by-law,
and formally provides them with'instruction on how to appeal the zoning by-law
if they are in objection. This system appears to be working well
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Bruce Taylor ATTACHI'1tNT #1 TO REPORT # C ¿ 0/-0 u.Jallu¥y 4, 2002
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Cowlcil Notice of Motion Page 4
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. we do not recommend that nptice of Council's intent to consider passage of 8n
implementing by-law be circulated to all property owners in the initial circulation
radius-such action would tend to draw out the public in matters for which Council
has already made a lmid use decision, and would introduce' significant delays to
the application review process.
. it is recommended however, that implementing zoning by-laws be more clearly
identified in the Council. agenda summary. This will provide the public with a
better lillderstanding of the implementing by-laws being considered at any
Council meeting. " .
. should any Councillor þe concerned about a p~cular implementing zoning by-
law coming before Council, they have the option to request deferral of the by-law
(generally, this should not occur as the by-law will be implementing a previous
Council resolution on the application). Presently, staff do advise .Council 011 a
monthly basis of implementing zoning by-laws that are anticipated to be.
forwarded for Coundl' s. consideration
Additional Measures I Transparency:
(a)
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. reports are currently available the Friday prior to the Planning Committee
Meeting (at the time of agenda printing) .
. ~ouncil may desire to have the reports perÚlining to Planning applications
available the Monday prior to Planning Committèe (rather than the Friday prior) .
. this revised time frame would have implicatiol}S on the length of time to process
an application as it would add another week to thesch~duling of the once a month
meetings óf Planning Committee and less' flèxibility is available to Staff for
scheduling of items to Committèe '.
. Council may desire to have r~ports pertaining to Planning studies available even
further ahead of time than the Monday or Friday prior to Planning Committee,'
perhaps 10 days or two Fridays in advance of the meeting. .
. this will also add additional time onto the process and less scheduling flexibility
(b)
. to assist in making the application process as transparent as 'possible,
Planning & Development staff currently outline the Planning process an,d
"next steps" of an application in the initial circulation notice and at the beginning
of every Statutory Public Information Meeting
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Bruce Taylor ATTACHMENT # -L TO REPORT # Ct- () ¡, 01-. January 4 2002
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Council Notice of Motion Page 5
" if invited by a Community Association, Planning & Development staff will attend
their association meeting prior to the Statutory Public Infonnati~n Meeting in
order that the Association has £Jll releyant information prior to preparing their
comment. Further, if requested at the Public Information Meeting, Staffwill meet
with a resident working group to further discuss the issues in a follow-up meeting
. Staff will be developing citizen guides for use by the public. to assist in
understanding the various application processes .
. plain language brochures, prepared by the Province, are available for viewing at
the Planning & Development counter that ~elps describe various planning
processes
(d)
. it may assist to have cupies of Planning & Development Reports available to the
public at the Planning Committee meeting (similar to' the process currently in
. place for Statutory Public Information Meetings 'where copies of reports are
available at the security guard desk the evenin~ of the meeting)
Other Comments:
(a)
. Staff have recently revised the circulation notice to:
0 advise residents to contact the Planning & Development. Department and
Planner directly, rather than the City Clerk as previously done
0 reflect the municipal address ~fthe subject property in the reference line
0 move the date of the Information Meeting to a more prominent, "up:-front'"
location within the notice letter
. Staff are attemptirig to use "plain language" ~herever possible to describe a
planning proposal or process .
. although circulation notices have recently evolved to address the above changes,
Staff intend to make further revisions to simplify and ensure the notice is user
friendly, while still providing all information required by the. Planning Act
. the wording for notification signs required to be posted on properties subject to a
development appliÿation has been simplified over recent years
(b)
. any Planning studies currently undertaken by the Planning & Development
Department include advertisements in the local paper for all public meetings
related to the Statutory Meeting, and Committee / Council meetings
. newspaper advertisements are also used to advise of broader rezon,ing issues,
when necessary
Bruce Taylor
',' ... J. (¡¡1Ï~€AJPVr1 )
ATTACHNENI #,-~..- rO'REPOR'r#'::c:."P I-" 1-- January 4,2002
031
Council Notice of Motion
Page 6
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. recent notification of applications within a study are~ has been sent to all persons
on the mailing list for the study (Le,:'Liverpool South Study) .
. the size of the mailing list is not reflective of resident involvement (Le.Notion
Road Study mailing was sigillficant, while public interest was very limited)
. Community AssociationS / Groups are generally very effective in disseminating
information '
(c)
. any increase ill notification circulation radius for development applications will
increase the City's mailing costs. It will be difficult to recover increased mailing.
costs through application fee increases, if notification radius exceeds t~ose set °1!-t
in the Planning Act , '
. maintenance of large mailing lists for planning studies incurs significant costs in
staff time to ensure lists are current, up-to-date; and non-duplicative (this often
involves manual labour-intensive work). Higher levels of service bring associated
costincreas~s . "
LDT/NC/kb
J : 1M OMnn CD rro I ßGENERAL Icl ",btnuupa r.n~doç
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REPORT #
- Minutes I Meeting Summary
Community Ratepayers Associations
March 12, 2002
7:30 PM
CAG Boardroom
0 3 gitI¡ 0#
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Attendees:
David Steele, Pickering/Ajax Citizens Together - Chair
Craig Bamford, Fairport Beach Neighbourhood Association
Paul Kelland, Pickering East Shore Community Association
Martin Herzog, Liverpool West Community Association
Paul White, Fairport Beach Neighbourhood Association
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Anne Greentree, Recording Secretary
Absent:
Brad Habbershaw, Altona West Community Association
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Introduction
David Steele introduced attendees and briefly discussed the list
of Community Associations. Given that many of the
Associations have not provided telephone numbers and/or e-
mail addresses, David committed to collecting this data and
providing same to the City.
The Chair then asked each attendee to discuss his concerns
regarding the City's current development application process
and related public notification actions.
Craig Bamford
. The City relies heavily on the Community Associations
for communicating development application activities.
. Most Associations do not actively participate in
development issues and have very limited funds to
allocate to development activities.
. Stated that the signs posted on the designated site are
useful, but would be more useful if they were updated to
indicate the status of the application and to advise of
"next step". Sign details should follow the process.
. Suggested that the City review the City of Cambridge's
methods of advertising in the newspapers as a model.
Paul Kelland
. Indicated that the Committee of Adjustment is used, as a
method of making minor changes to a development
application after the approval process is complete.
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2.
3.
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D. Steele will provide
telephone numbers
and e-mails to City.
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ltèm / I ~etails & D~scu~sion & Conclusion ~c.tioflltel!'s ¡Status ¡
PJ..êf# I (summmy of diSCUSSIon) (mclude doadlme £IS . I
appropliatè) I
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. Associations are not currently notified of Committee of -.---- ..----.-
Adjustment applications/decisions and should be.
. Committee of Adjustment Agendas and
Minutes/Decisions should be posted on the City's
Website.
. Although the Associations appreciate receiving copies of
Agendas, they are not normally received until the day of
the Meeting. This is inadequate to enable the
Association to review the document and prepare for the
meeting.
. Currently the Associations only receive the front Agenda
cover with no back-up reports. Copies of reports and
other back-up documentation would be more useful.
. Stated that the notification radius of 120m is inadequate
in ensuring fair and reasonable notification to the public.
David Steele
. Agendas are not received until the day of the Meeting.
. Recommended that Planning Committee Agenda items
be made available to Associations/Public one month
prior to the Meeting to allow adequate time for the
Associations to review, assess and formulate their.
comments before the committee and Council deals with
the issue.
. Agendas provided to Associations do not include back-
up Reports. Access to these Reports should made
available on the City's Website for public perusal. '
. Hard copies of Reports should be made available to the
public outside of regular business hours.
. Commented that members of the public generally do not
have an understanding of the planning process and as
such the public become frustrated, recommended that
the City draft a "Planning Process Flowchart" to
graphically define the steps.
. Stated that the notification timelines and accessibility
issues go beyond planning matters and should be
considered for Finance, Operations and works
committee meetings.
Martin Herzog
. Acknowledged that the City faces a big challenge in
improving the flow of information to its citizens.
. Group discussion
. All participants stated that the City cannot rely only on
the Associations to communicate development
application activities to the public but must use multiple
communication mechanisms such as notices in the
newspaper, making information available through the
Library, mailed notices and the Web.
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. Martin Herzog
. The city should communicate development applications
activities using multiple mechanisms since not everybody
receives the local paper; have internet acess, have
compatible software, etc. But this does not replace the
City's obligation to ensure early formal public notice and
get reports out with sufficient lead time to allow effective
and informed public participation.
. Issue 1 - Council Authority
. Expressed his disagreement with the Solicitor for the
City's legal opinion regarding Council's authority to
enlarge the notification boundaries. He stated that the
City already goes beyond those boundaries through
notification to Associations, agencies and study area
mailings lists and thus clearly has the power to enlarge
the provisions of the Act. He suggested that the City
look to the 120m as a minimum and work from there at
determining a suitable radius.
. Issue 2 - Notification Area and Type of Application
. Recommended that the City implement a notification rule
that would vary depending on the significance of the
impact of the development on the City as a whole. (ie for
an OP amendment or major rezoning application or a
planning study, basically those which would have a
significant impact or affect a large area of the City, then
the notification radius would be greater.) If varying
notification would be difficult to implement or confusing
for the public, the group agreed that the larger radius be
implemented for all applications.
. Issue 3 - Notification Area and Local Circumstances
. Recommended that the notification radius be adjusted
depending on the nature of the land ownership pattern.
Craig supported this comment by suggesting the
following example: Notification would be the 120m and a
minimum number of non-related residents. 10 non- "
related residents was offered as a example, but this
would need further discussion. This would assist in
ensuring an approach suitable for urban, redeveloping
and rural areas.
. Issue 4 - Modifications to Applications
. Associations need to be notified of any modifications to
applications as they happen. These notices, along with
the modification details, need to occur in advance .of staff
reports being filed for Committee agendas to allow the
associations time to prepare before Council addresses
them.
. Issue 5 - Access to Reports
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i(,,"~. REPORT#~~_.""ò/~ 01- (AP;€AJ¡)()f-, ) If 35
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6.
. All notifications/circulations should be made available to
the Association in a timely manner to enable them time
to review, assess and prepare for the Meeting. The
current process puts undo pressure on the Association
to meet over the weekends, and it does not allow
residents to consult with other residents, clarify questions
with City staff, or discuss it with their Ward Councilor's.
If possible, Associations would appreciate receiving
copies of Reports prior to the Agenda being finalized or
receiving reports/agendas in advance of respective
Committee meeting. .
. Recommended one month for public digestion of
significant development issues, and fourteen days for
less significant issues. Again, if this split would be
difficult to implement, the longer one-month period
should be implemented for all cases.
. Group Discussion.
. Associations and the members of the public should have
an option to receive Agendas bye-mail and fax. This
could be facilitated by including "e-mail and fax numbers"
on the sign-up sheets at the Public Statutory Meetings.
Recommendations to City - Summary
1. Continue with signs on the designated site, but
implement a method of updating the sign details and the
stus of the application and next steps- to ensure that it
follows the whole process.
2.a) Continue with public notifications of development
applications and related reports/meetings, but make it more
timely/effective.
2.b) Do not rely entirely on AssociatiÖns to inform the public;
the City should use multiple communication mechanisms to
inform the public.
3. Make full Agenda (including back-up documents)
available to the public.
4. Implement e-mailing / faxing the entire Agenda (including
back-up documents) to Associations if requested.
5. Notify the public of development application related
agenda items one month prior to the Meeting for
significant issues, or for all planning matters if
establishing criteria proves problematic.
6. Publish Committee of Adjustment Agendas/Minutes on
the City Website.
7. Circulate Committee of Adjustment applications that
modify previously approved development applications.
8. The agendas need to be distributed much earlier than
currently happens. Notify the public of development
applications 14 days prior to the committee Meeting on
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7.
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less significant issues.
9. Include the full agenda (including back-up documents)
on the City's website.
10. Provide public access to Reports after hours, including a
procedure to pick up hard copies after normal working
hours.
11 . Hard copies of Agendas and Reports should available in
all Libraries as soon as possible.
12. Develop a "Planning Process Flowchart" for various
planning and development applications processes and
consult with community associations to make sure the
intended objective is met, and make same available to
the public.
13. Council to refer back to staff for reconsideration the legal
opinion regarding the City's authority to expand the
notification boundaries.
14. Implement a varied notification radius depending on the
significance of the development application, or establish
a larger more suitable notification red ius; this should be
based on consultation with residents and associations.
15. Implement notification policies that ensure fair public
notification in urban, redeveloping and rural areas.
16. Ensure any modifications to development applications
after the public Statutory Information Meeting and the
initial application are re-circulated in advance of any staff
reports being filed for consideration by a Committee.
17. Public notification timelines on all Agenda items should
be lengthened for all committees.
Other
Anne to e-mail draft minutes to David Steele for his review.
D.Steele adjusted minutes and recommendations on the
23/03/02 at 9:00pm.
Meeting Adjourned: 8:40 AM
Copy:
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