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HomeMy WebLinkAboutCSD-11-140 - Amendment to Council Policy I-1095 - Public Partic.~T'~:~~E ~~~,~~1t ~rV~~~~ ~~ ~~~!~~~ Wlkl~f~1~1~~~~~" REPORT T0: Community and Infrastructure Services Committee DATE OF MEETING: October 17, 2011 SUBMITTED BY: Alain Pinard, Director of Planning PREPARED BY: Della Ross, Manager of Development Review WARD(S) INVOLVED: All Wards DATE OF REPORT: October 5, 2011 REPORT NO.: CSD-11-140 SUBJECT: AMENDMENT TO COUNCIL POLICY I-1095 PUBLIC PARTICIPATION IN THE PLANNING PROCESS RECOMMENDATION: That the amendments to Council Policy I-1095 (Public Participation in the Planning Process) be approved in the form shown in Appendix "A" attached to report CSD-11-140. BACKGROUND: On November 15, 2010, Council passed a resolution directing planning staff to review Council Policy I-1095 "Public Participation in the Planning Process" to determine whether there should be any updates or revisions. Planning staff were further directed to explore the use of social media tools as part of this review. REPORT: Currently, planning staff follows Council Policy I-1095 "Public Participation in the Planning Process". This policy was last amended on October 24, 2005. Since that date, the Planning Act has been amended, particularly with respect to complete applications and public notification. Updates have been made to official plan policies and internal procedures but Council Policy 1- 1095 has not been updated to reflect the Planning Act revisions. Staff is proposing an update of Council Policy I-1095 in order to: Include any new Planning Act requirements; Include new wording to incorporate ongoing consideration of social media usage; Simplify the structure of the policy by application type and whether the applications are city initiated or proponent initiated; Update references to documents, staff titles, departments and committees that have changed since the original policy was drafted; and Remove policies that are no longer relevant or are addressed in other documents or procedure manuals. The recommended updated policy is attached as Appendix "A" and the current policy, shoring proposed amendments, is attached as Appendix "B". 9-1 Staff Re ort p KiTC;H~,~T~R Community Services Department www.kitchener.ca Applications Referenced in the Policy The Planning Act is provincial legislation that municipalities are required to comply with, to ensure applications are processed in a consistent manner. This ensures applicants are treated equitably across the province. Public participation is an integral part of the planning process and the Planning Act provides clear direction on minimum requirements for notification and inclusion of the public in the planning process. The applications referenced in Policy I-1095 are zoning by-law amendments, official plan amendments, plans of subdivision and plans of condominium (common elements and vacant land). These are the planning applications that require public notice under the Planning Act. It should be noted that under the Planning Act, other types of plans of condominium are exempt from being circulated. The reason for this is that the development has already been approved under a prior application. The purpose of the condominium, in these instances, is solely to change the tenure from rental to ownership. The policy also includes reference to site plan applications. There is no public circulation or public meeting requirement for site plans in the Planning Act. The reason for this is that the zoning is already in place which provides the owner with development rights on the property in accordance with the zoning by-law. The purpose of site plan approval is to deal with the function and movement on the site, servicing, massing, landscaping and other site improvements. The Planning Act and case law are very clear that site plan approval cannot be used to regulate zoning matters such as parking requirements, height and density. The entire site plan approval process is being reviewed in a separate "process mapping" exercise. The results of this exercise will be reported to Council at a later date. While the amended policy does include the reference to site plan applications from the existing policy, staff will bring forward to Council any proposed amendments that result from the process mapping process. Proponent initiated zoning by-law amendments, official plan amendments, plans of subdivision and vacant land condominium applications Statutory Requirements For zoning by-law amendments, official plan amendments, plans of subdivision and vacant land condominium applications, the Planning Act requires a letter explaining the nature of the proposal to be circulated to all land owners within 120 metres of the subject property and posting a notice sign on the property or publishing a notice in the newspaper. Current Practice The current practice of notification for these types of applications exceeds the requirements of the Planning Act as planning staff circulate to all land owners within 120 metres of the subject property, arrange for the applicant to post a notice sign on the property and publish a notice in the newspaper. Reports are also posted on the website prior to the statutory public meeting date. Proposed Practice in Policy 1-1095 Planning staff recommend that the current practice be continued and that circulation and notice requirements include circulation, signage, and a newspaper notice. 9-2 Staff Re ort p KiTC;H~,~T~R Community Services Department www.kitchener.ca Common elements condominium applications Statutory Requirements Common elements condominium applications are exempt from circulation and signage requirements but do require newspaper notice of a statutory public meeting under the Planning Act. Current Practice Planning staff currently do not circulate common elements condominium applications or post signage on the subject property. A common elements condominium is always tied to another application such as a plan of subdivision or site plan and part lot control in order to create parcels of tied lands to the common element. A notice is placed in the newspaper prior to the statutory public meeting. The planning reports are also posted on the website prior to the statutory public meeting date. Proposed Practice in Policy 1-1095 Planning staff recommend that notice for the statutory public meeting for a common elements condominium required under the Planning Act continue to be posted in the newspaper and posted on the website. City initiated applications Statutory Requirements For city initiated zoning by-law amendments and official plan amendments, the Planning Act requires a circulation to all land owners within 120 metres of the subject property and posting a notice sign on the property or publishing a notice in the newspaper. Current Practice Circulation, signage and a newspaper notice are provided for city initiated amendments which are site specific or on a smaller, defined parcel of land. A newspaper notice is the only notification requirement for city wide amendments. In addition, city staff post reports and if appropriate supporting documents on the website. Proposed Practice in Policy 1-1095 Planning staff recommends continuation of our current practice. Site Plan Applications Statutory Requirements There are no statutory requirements in the Planning Act for public circulation or notification for site plan applications as the zoning for the property is already determined. Current Practice In the previous policy, a section was included which requires notification to the public for site plan applications adjacent to new commercial and institutional development. 9-3 Staff Re ort p I~TCr~,N~,R Community Services Department www.kitchener.ca Proposed Practice in Policy 1-1095 Planning staff recommend that the policy remain unchanged for site plans at this time until the process mapping exercise is completed to provide updated recommendations through an amendment to this policy at a later date. Community Consultation Currently, planning staff exceed the circulation requirements of the Planning Act on all applications. Within the Planning Act regulations for zoning by law amendments, official plan amendments, subdivision and vacant land condominiums only circulation by letter and signage or notice in the newspaper is required. City staff circulates to all property owners within 120 metres of the subject property, ensure a sign is erected on the property to provide information about the land use change, and a notice is placed in the newspaper prior to the statutory public meeting where a decision on the application is made. As well, all reports to Committee and Council are posted on the city's website when the agendas are posted. Some detail about each of these consultation methods is discussed below. Personalized Letter Mail Outs Circulation distances for notification are set by the Ontario Regulations of the Planning Act that provide direction regarding the processing of development applications. This ensures that a minimum standard is upheld consistently across the province. The distance required for circulation is 120 metres from the subject property. Planning staff creates a mailing list of all property owners with the assistance of GIS. There has been some question about increasing the size of the radius of properties for amail- out notice. In addition to increased mailing costs and staff time, this could result in applicants feeling that they are being subjected to standards differing from those used across the province. Further, residents just outside of the "new" circulation radius may challenge why the circulation boundary was not extended to include their properties. In other words, once you choose a new distance how far does it extend? The best way to ensure our residents are treated equitably is to ensure that the 120 metres prescribed in the Planning Act is retained. Planning staff is of the opinion that other measures for notification (sign, website, newspaper notice, word of mouth), provide sufficient opportunity for individuals to be made aware of applications if they do not receive a personalized circulation notice in the mail. Signs The use of a mail-out for notification is always combined with the posting of a sign on the property. This is a measure to ensure that there is a means of notifying those in the area of a property subject to a development application who may be outside of the 120 metre mail out radius or who may not be a property owner. The signs provide the file number and a contact number for a city staff person who can answer any questions regarding the application and provide further information, including a copy of the circulation letter, if requested. Internal procedure manuals detail the requirements for the signs such as size, information on the sign, and where it should be posted. The sign requirements have recently been updated to include steps to ensure the sign is erected and stays erected throughout the process. The applicant is now required to provide city staff with a photograph showing the sign has been posted prior to circulation of the application. A similar photograph is also required from the 9-4 1 Staff Re ort p I~TCx~NER Community Services Department www.kitchener.ca applicant to show that the sign is still erected prior to the statutory public meeting. City staff will also make best efforts to visit the site to ensure the sign is erected and in the proper location. Notification in the Newspaper The planning division provides notification of Statutory Public Meetings by publishing a notice in the newspaper. This allows for notification to be provided to a broad audience and in accordance with minimum timelines set by the applicable Planning Act legislation (which we exceed). Currently, the Statutory Public Meeting notices are published in The Record. While it is understood that not all residents of Kitchener subscribe to the Record, it is the largest daily circulation paper in the city. Consideration has been given to posting such advertisements in city-issued publications such as Your Kitchener. However, the bi-monthly publication schedule of this newsletter pose challenges to customer service timelines and would not satisfy the intent of the regulations. Should city staff ever be questioned, at the Ontario Municipal Board or otherwise, as to whether proper notification was provided, a copy of the newspaper notice substantiates this requirement. Neighbourhood Information Meetings In addition to the statutory public meetings of standing committee and public meetings of council, planning staff frequently host neighbourhood information meetings which are not a specific requirement under the Planning Act. These meetings serve as an opportunity to meet with the neighbourhood to provide an explanation of the application(s), answer questions and gather input on ideas for improvements to proposals. The meetings are hosted and facilitated by city staff. The Ward Councillor also attends. The general format is a short explanation of the proposal by staff followed by a question and answer session. The applicant attends the meeting to assist staff with answering questions. The meetings are held after the circulation letter has been mailed and prior to a recommendation and report to Committee and Council. It is made clear at these meetings that a decision has not been made and that input from the meeting assists planning staff in preparing their recommendation to Council. Informal neighbourhood meetings are our best tool to provide clarification which can reduce the number of residents concerned or objecting to an application. Generally once residents see a development concept and get an opportunity to hear answers to their questions there is a greater understanding of the development which results in objections being reduced or eliminated. City of Kitchener Website Presently, notices of Statutory Public Meetings are posted on the city website. As well, links to all planning reports to the Planning & Strategic Initiatives Committee are posted on the city website when the agendas are posted. City staff will continue to work with communications staff to improve the use of the city website for notification of planning applications and neighbourhood meetings. It has been suggested that all circulation letters for new applications could also be posted on the website. Planning staff are working with communications staff to determine the best location for these letters to be posted, should this be determined to be an appropriate option. 9-5 1 Staff Re orf p I~TC~,N~R Community Services Department www.kitchener.ca Social Media Tools In response to the recent popularity of social networking tools, the City of Kitchener has developed user pages in order to provide information to the community through this medium. Social networking tools, such as Facebook and Twitter, lend themselves to general communications that are intended to have a broad audience. The City of Kitchener currently uses social media to advertise/broadcast upcoming special events and link the public to community resources. Social media outlets also provide individuals the ability to comment on items posted or make general comments or inquiries. These individuals must subscribe to be able to post, but do not necessarily have to be residents of the city in order to participate. Communications staff has advised planning staff that the social media tools presently utilized by the City of Kitchener would not be targeted enough to be beneficial for specific applications, but there may be opportunity to use these tools for larger city wide applicationslissues. In any event, the social media tools were on a one account platform as a first year trial, which has only recently been expanded to include a limited number of people from other departments in the city, for business opportunities and to market city enterprises. Since it is a pilot project at this time, and centrally controlled, it is being targeted more as a broadcast resource than an interactive resource. Perhaps in a future phase, and when there are additional resources in our communications department, there may be more opportunities to consider utilization of social media tools as part of the planning process. Planning staff certainly see the merit of utilizing social media to assist with public participation and will continue to work with communications staff to discuss opportunities to improve public notification and consultation through social media tools and the website. Even if social media tools are utilized more widely in the future, planning staff has an obligation to ensure community consultation is in accordance with the regulations under the Planning Act. While social media is a great resource for advertising and discussion of city events etc., these tools do may not meet the legislative requirements of the Planning Act. The Planning Act requires that only a person or public body who made oral submissions at a public meeting or written submissions to council may appeal an application to the Ontario Municipal Board. Comments are presently received primarily via a comment sheet mailed with the initial circulation letter. The resident provides their name, address and comments specific to the application. In this way staff can address the comments in future reports and recommendations to council, determine if a neighbourhood meeting is required, provide mail out notification of the statutory public meeting to those who corresponded or attended the neighbourhood meeting, and most importantly assurance is provided to the resident that they can participate in the process and future Ontario Municipal Board hearings. Since social media responses do not always identify the respondent or their address, these types of responses do not comply with legislative requirements and are not appropriate to satisfy statutory notice requirements. In the future, social media may be a tool for directing the public to the statutory methods of circulation such as the city website. Planning staff are also aware of some discussion within our professional association with respect to social media and the planning process. We will monitor these discussions and give consideration to any changes or suggestions that come forward. 9-6 Staff Re ort p KiTC;H~,~T~R Community Services Department www.kitchener.ca Other informal community engagement In addition to the formal community engagement, planning staff also engage the public and assist with inquiries through small group meetings, telephone responses and answering questions of residents that visit our planning department. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: Maintaining and improving our commitment to a high standard of community engagement in the planning process aligns with many community priorities in the City of Kitchener Strategic Plan including Quality of Life, Leadership and Engagement and Development. FINANCIAL IMPLICATIONS: No new or additional capital budget requests are expected with this recommendation. COMMUNITY ENGAGEMENT: The revised policy will ensure continued community engagement to assist and improve the planning process. CONCLUSION: Planning staff has reviewed Council Policy I-1095 and are recommending changes to update the document and remove any extraneous or out-of-date information. Staff also looked into other communication opportunities, primarily the city's web page and social media profiles, and will continue discussions with our communications staff as to appropriate opportunities for their use in the processing of official plan amendments, zoning by-law amendments, plan of subdivision and plan of condominium applications. ACKNOWLEDGED BY: Jeff INillmer, Deputy CAO Community Services Department Appendix "A" -Amended Council Policy I-1095 Appendix "B" -Existing Council Policy I-1095 (showing proposed amendments} 9-7 Appendix "A" COUNCIL POLICY RESOLUTION POLICY NUMBER I -1095 DATE: JULY 12, 1996 AMENDED: JUNE 20, 2005 AMENDED: OCTOBER 24, 2005 PROPOSED AMENDMENT: OCTOBER 5, 2011 POLICY TYPE: LAND USE PLANNING SUBJECT: PUBLIC PARTICIPATION IN THE PLANNING PROCESS POLICY CONTENT That City Council adopt the following policy in respect to dissemination of information to and involvement by the public relative to the following Planning Act applications: Proponent Initiated Applications 1. That in respect to proponent initiated official plan amendments, zoning by-law amendments, plans of subdivision, and vacant land condominiums the following will be considered: a. Notification of the receipt of a complete application, as required by Sections 34, 22, and 51of the Planning Act, R.S.O. 1990, Chapter P.13, as amended, will be undertaken by means of mailing a circulation letter generally explaining the nature of the proposal, including all permitted current and proposed land uses and the required legal changes with respect to land use designations and zoning. Every effort will be made to use "plain language" in the drafting of the letter so as to enable the public to understand the proposal that is to be considered. The extent of the circulation mail out will be in accordance with the requirements of the Ontario Regulation applicable to the development application type which is 120 metres. A copy of the circulation will also be forwarded to the appropriate neighbourhood association and the Ward Councillor. A minimum of 21 calendar days will be provided for a response to the circulation letter. b. Circulation will not be required in circumstances where, in the opinion of the Director of Planning, in consultation with the Ward Councillor, the circulation is seen to have little purpose or benefit. c. The proponent will be required to post acity-issued notice sign along each frontage of the lands subject to the development application, in a clearly visible location. Each sign is to note the application file number(s) and provide the contact number for a city staff member who can provide more information regarding the application. Notice signs are to be erected concurrently with the mailing of the preliminary circulation letter. Planning staff is to verify that sign installation has taken place, and must ensure that signs remain posted until the statutory public meeting. A personalized notice sign with additional information may be required to be prepared by the applicant for applications that are considered major or significant and where the public would benefit from additional information in the opinion of the planner managing the file. KITCHENER Page 1 of 3 OCTOBER 2011 9-8 Appendix "A" d. A notice will be placed in a newspaper, which has sufficient general circulation, at least 20 days prior to the statutory public meeting which provides information on the application(s), the address of the property, the date, time and location of the statutory public meeting. A map showing the location of the property is provided if there is not a municipal address. e. The reports being presented to Committee and Council for the statutory public meeting are posted on the city web site at the same time as the agenda for said meeting is posted. Common Elements Condominium Applications f. A newspaper notice is the only notification required for a common elements condominium application. City Initiated Applications 2. Official plan amendments and zoning by-law amendments initiated by the city will be processed in accordance with Section 21 and 34 of the Planning Act. a. Circulation will be undertaken for all city initiated official plan and zoning by-law amendments which are site specific and affect only a small defined area of land. b. Circulation is not required for city initiated official plan and zoning by-law amendments if they are city wide amendments. c. A notice will be placed in the newspaper at least 20 calendar days prior to the statutory public meeting and any associated reports will be posted on the city web site as in 1. c) and d) above for all city initiated official plan and zoning by- lawamendments. d. City initiated official plan amendments and zoning by-laws will be exempt from signage requirements except in circumstances where the subject lands are a size and configuration where a sign would be practical. Neighbourhood Information Meetings 3. Neighbourhood information meetings are recognized as an effective and integral part of the planning process, and the planning division is authorized to arrange neighbourhood information meetings, when deemed necessary, in consultation with the Ward Councillor. The meetings will be facilitated by city staff in accordance with the planning division's procedure manual for neighbourhood meetings. Statutory Public Meetings 4. Where issues are raised during the preliminary circulation period or at a neighbourhood information meeting, staff of the planning division will attempt to resolve those issues in advance of the notice of the Statutory Public Meeting being placed and the meeting being held by the Planning & Strategic Initiatives Committee or Council. 5. Staff reports pertaining to official plan amendments, zone change applications, plans of subdivision and vacant land or common elements condominiums must be finalized in advance of giving notice for a Statutory Public Meeting regarding the application. KITCHENER Page 2 of 3 OCTOBER 2011 9-9 Appendix "A" 6. A letter with information pertaining to the staff report and statutory public meeting for official plan amendments, zone change applications, plans of subdivision and vacant land condominiums will be mailed to all persons who noted a desire to receive further information in their written response to the preliminary circulation letter or who signed a registration list at a neighbourhood information meeting. Staff will ensure these letters are received at least one week in advance of the statutory public meeting. 7. If more than one year has lapsed since the initial preliminary circulation of the application and the statutory public meeting, a letterwith information pertaining to the staff report and statutory public meeting will be mailed out to all property owners within 120 metres of the subject property. 8. Notice of a Statutory Public Meeting will be provided in accordance with the applicable Ontario Regulations in effect at the time of the processing of the application. Site Plan Approval Process 9. a. That all full site plan applications for new commercial development, redevelopment, or major additions within planned commercial campus, mixed use node, and other appropriate commercial areas, be circulated to all immediately adjacent low rise residential land owners within 60m and, where applicable, affiliated neighbourhood associations, for information and comment. b. That the site plan review committee meeting be scheduled to take place five weeks after notification is given, and all comments from adjacent residents and/or neighbourhood associations be provided to the Supervisor of Site Development and the applicable Ward Councillor within three weeks after notification is given (typically two weeks prior to the scheduled meeting). c. That any interested parties be permitted to attend a preliminary meeting immediately prior to the regular site plan review committee meeting, at which time the residents, the applicants, and affected staff will discuss how the site plan has been or may be revised in response to the written comments of residents, or whether such changes are not reasonable having regard to the nature of the proposed development. That no more than two representatives of the adjacent neighbourhood (appointed by consensus of the neighbourhood) be permitted to attend, as observers only, the regular session of the site plan review committee meeting, at which time the plan will be considered for approval in principle and the conditions of approval will be considered. d. That notice of the site plan applications be given, for information purposes only, to all property owners within 60 metres of an institutionally zoned property provided, however, that this policy shall not apply to portables or portapacks to be used as classrooms on school sites. Internet-Based Tools 10. Planning staff will work with communications staff to consider opportunities to utilize social media, where appropriate, as a tool to assist with providing information to residents about new applications, neighbourhood information meetings and statutory public meetings. KITCHENER Page 3 of 3 OCTOBER 2011 9- 10 COUNCIL POLICY RES~LUTI~N Appendix "B" POLICY NUMBER: I-1095 DATE: JULY 12, 1996 amended: June 20, 2005 amended: October 24, 2005 POLICY TYPE: LAND USE PLANNING SUBJECT: PUBLIC PARTICIPATION IN THE PLANNING PROCESS POLICY CONTENT: That City Council adopt the following policy in respect to dissemination of information to and involvement by the public relative to applications for Zone Changes and Municipal Plan Amendments and for new Plans of Subdivision: 1. That in respect to City Initiated Zone Changes and Municipal Plan Amendments which have the effect of broad policy or contextual changes, no preliminary circulation be undertaken. In these cases, the proposed changes shall be referred to the appropriate body for review die. K-1lII Homebuilders, Development Industry, Neighbourhood Associations etc.} as deemed appropriate by the Development and Technical Services Department. Notice of such text or policy changes shall continue to be advertised in the appropriate newspaper in accordance with applicable Provincial legislation. Preliminary circulation shall be undertaken for all city initiated Municipal Plan Amendments and Zone Changes which are site specific and affect only a small defined area of land. All city initiated Municipal Plan Amendments and Zone Changes on private property and Zone Changes for removal of Holding By-laws dealing only with services and road works shall be exempt from signage requirements. 2. That in respect to Site Specific or Proponent Initiated Zone Changes or Municipal Plan Amendments, the following process be followed: a} The Development and Technical Services Department be directed to process all applications received for Municipal Plan Amendments unless, in the opinion of the General Manager of Development and Technical Services, the proposed amendment is considered inappropriate for processing in which case, a request to refuse the application shall be submitted to and considered by City Council; KITCHENER Page 1 of 8 OCTOBER 2005 9-11 POLICY NUMBER: I-1095 POLICY TYPE: LAND USE PLANNING SUBJECT: PUBLIC PARTICIPATION IN THE PLANNING PROCESS 2,cont'd Appendix "B" b) That notice of the receipt of an application for either a Municipal Plan Amendment or Zone Change be circulated to all property owners within 120 metres of the property subject to the application(s) and appropriate groups and agencies (ie. Neighbourhood Associations) in the form of a preliminary circulation letter generally explaining the nature of the proposal, including all permitted current and proposed land uses and the required legal changes with respect to land use designations and zoning. Every effort shall be made to use 'plain language' in the drafting of the letter so as to enable the public to generally understand the proposal that is being considered. Preliminary circulation shall not be required in the following general circumstances unless the General Manager of Development and Technical Services determines that it may be appropriate: i) If the purpose of the application(s) is to recognize an existing situation which has not been the subject of complaint; ii) If the proposal results in a city wide text change to the Municipal Plan or Zoning By-law and is not property specific; iii) If the application(s) is required to implement a mediated settlement reached by all parties to the original proposal and dispute and which settlement will not have an unanticipated or additional effect on the adjacent properties or immediate neighbourhood; iv} Any other such circumstance where, in the opinion of the General Manager of Development and Technical Services in consultation with the UUard Councillor, preliminary circulation is seen to have little purpose or benefit. c} That the proponent be required to post a notice sign on the subject lands on all public street frontages advising of the applications}. Any proposal which is considered "major" development or redevelopment in the opinion of the General Manager of Development and Technical Services shall require a personalized notice sign to be provided and erected by the owner of the subject lands, and shall be prepared in accordance with the following: KITCHENER Page 2 of 9 OCTOBER 2005 9-12 POLICY NUMBER: I-1095 POLICY TYPE: LAND USE PLANNING SUBJECT: PUBLIC PARTICIPATION IN THE PLANNING PROCESS 2 c},cont'd Appendix "B" i) All signs shall be constructed of metal or wood and shall be a minimum size of 1.2 meters X 1.2 metres (4 feet X 4 feet) and shall maintain a minimum ground clearance of 0.9 metres (3 feet). Portable signs shall not be permitted to be used for notification signs; ii} All signs shall consist of a white background with primarily black lettering, with red lettering being used only for specified highlighting; iii} All signs shall be consistent in content and shall include; proposed land use designation and zoning in general terms; a general description of the development proposal; the owners name; the application numbers}; reference to the Development and Technical Services Department and the related telephone number; and a key map. The content of the signs shall be subject to the approval of the Development and Technical Services Department; iv) All sign locations shall be visible and unobstructed and shall be subject to approval by the Development and Technical Services Department; v) All signs shall be maintained relative to structure and paint, said maintenance to be guaranteed by a letter of undertaking submitted by the owner to the Development and Technical Services Department. c} All other proposals which are not considered ""major"" or "significant"" shall require standard City issued notice signs. Where a 'major' or "significant" proposal has more than one street frontage only one personalized notice sign shall be required, said sign to be erected on the major street frontage as determined by the Development and Technical Services Department. Standard City issued zone change notice signs may be used for all other street frontages. All required notice signs are to be erected immediately prior to or concurrently with the mailing of the preliminary circulation letter; KITCHENER Page 3 of 9 OCTOBER 2005 9-13 POLICY NUMBER: I-1095 POLICY TYPE: LAND USE PLANNING SUBJECT: PUBLIC PARTICIPATION IN THE PLANNING PROCESS 2 d},cont'd Appendix "B" d) That community information meetings be recognized as an effective and integral part of the planning process and that the Development and Technical Services Department be authorized to arrange community information meetings in consultation with the Ward Councillor in the following circumstances; i} In coordination with the preliminary circulation of a proposal, to be determined upon receipt of an application either for a Municipal Plan Amendment or Zone Change, where it is believed that the proposal is complicated or controversial and an information meeting at the front end of the process is deemed beneficial. Notice of such meetings in this instance will be included in the Department"s preliminary circulation letter; or ii} At the end of the preliminary circulation period where a number of issues and concerns have been raised through the circulation of the proposal; or iii} At any stage of the process, prior to formal submission to Planning Committee, if new concerns or new information have been brought to light. All such meetings will be held within the neighbourhood subject to the proposal, where feasible. e} UUhere issues are raised through responses to the preliminary circulation letter or at a community information meeting, staff of the Development and Technical Services Department be instructed to attempt to resolve all issues before a public meeting is advertised and held by the Development and Technical Services Committee. In this regard, the Development and Technical Service Department is encouraged to use mediation or other forms of Alternative Dispute Resolution to resolve the issues; f} That all staff reports pertaining to Municipal Plan Amendments and Zone Change Applications, for consideration by Development and Technical Services Committee be finalized and signed prior to the giving of notice for a Public Meeting in the newspaper. Specifically, no authorization for the placement of notice advertisements be given until reports are completed and signed; KITCHENER Page 4 of 9 OCTOBER 2005 9-14 POLICY NUMBER: I-1095 POLICY TYPE: LAND USE PLANNING SUBJECT: PUBLIC PARTICIPATION IN THE PLANNING PROCESS 2,cont'd Appendix "B" g} The staff reports pertaining to Municipal Plan Amendments and Zone Changes, be mailed to all those persons who responded to the preliminary circulation of the applications} or attended any public meetings, together with a copy of the notice of the Public Meeting, at the same time as the placement of the Public Meeting advertisement in the newspaper; h) That the Development and Technical Services Department be directed to mail notice of the Public Meeting together with the related staff report to all persons within 120 metres of the lands subject to the application(s) under the following circumstances: i) if preliminary circulation of said applications occurred in excess of 1 year previous to the date of the Public Meeting by Development and Technical Services Committee; or ii} if, in the opinion of the General Manager of Development and Technical Services or the Ward Councillor, there was significant interest demonstrated by the residents of the neighbourhood in which the proposal was located ; or iii) if significant new development has occurred in the area of the application(s) in which case an updated list from the Property Data Base computer file of all property owners within the 120 metre (400 feet) circulation area shall be obtained. Said list shall be checked against the original preliminary circulation list and all new owners appearing thereon together with all others responding from beyond and within the circulation area shall be mailed a copy of the staff report and notified of the date and time of the Public Meeting to be held by the Development and Technical Services Committee; iv} Should an appeal be lodged to the Municipal Plan Amendment or Zoning By-law, the Development and Technical Services Department be directed to attempt to resolve the appeal through acceptable Alternative Dispute Resolution procedures, where, in the opinion of the General Manager of Development and Technical Services, it is felt such efforts would be effective. 3. That with respect to the development of new plans of subdivision, after draft approval has been granted by the appropriate approval authority, the following requirements be satisfied: KITCHENER Page 5 of 9 OCTOBER 2005 9-15 POLICY NUMBER: I-1095 POLICY TYPE: LAND USE PLANNING SUBJECT: PUBLIC PARTICIPATION IN THE PLANNING PROCESS 3, cont'd Appendix "B" a} That at the time of registration of the Plan of Subdivision, the Subdivider agrees to erect and maintain a billboard signs} at each major entrance to the subdivision, as identified by the Development and Technical Services Department, in accordance with the following criteria; i} Graphics shall depict the features within the limits of the plan of subdivision including approved street layout, zoning, lotting and specific land uses, types of parks, storm water management areas, Hydro One Corridors, trail links and walkways, notification regarding contacts for school sites, noise attenuation measures, environmentally sensitive areas, tree protection measure areas, water courses, flood plain areas, railway lines, hazard areas etc. and shall also make general reference to land uses on adjacent lands including references to any formal development applications all to the satisfaction of the General Manager of Development and Technical Services; ii) Billboard signs shall be located in areas conveniently accessible to the public for viewing. Landscaping and site works may be required between the sign location and public roadway in order to provide convenient accessibility for viewing; iii} The Subdivider agrees to maintain the billboard signs in approved locations or subsequent locations to the satisfaction of the General Manager of Development and Technical Services. The Subdivider agrees that such billboard signs shall be maintained in locations and on lands which may be under its title or under the title of its heirs, successors or assigns until the development of seventy-five percent complete; iv) The Subdivider shall ensure that the information is current as of the date of subdivision approval. Notice shall be posted on the billboard sign advising that some of the information on the plan may not be current and for updated and accurate information enquiries should be made to the City's Development and Technical Services Department. KITCHENER Page 6 of 9 OCTOBER 2005 9-16 POLICY NUMBER: I-1095 POLICY TYPE: LAND USE PLANNING SUBJECT: PUBLIC PARTICIPATION IN THE PLANNING PROCESS 3c, cont'd Appendix "B" b} That the Subdivider agrees to make a Grading Control Plan available for the subject lands to all relevant builders and prospective purchasers prior to building permits being issued, in accordance with the provisions contained within the standard residential subdivision agreement; c) That the Subdivider shall be responsible for distributing to prospective purchasers the land use plan for the neighbourhood in which the subdivision is located which is current as of the date of subdivision approval, including any application(s) for development on the subject or adjacent lands. Notice shall be attached advising that the plan may be subject to change and for updated information, enquiries should be made at the City's Development and Technical Services Department. d) That the Development and Technical Services Department be directed to prepare composite maps for each neighbourhood which has a significant amount of new subdivision development or the potential to have a significant amount of new development showing all newly registered, draft approved and formally submitted plans of subdivision. These composite maps shall be available from the Development and Technical Services Department and each new subdivision development which has a model home or central sales office shall post such composite map in an area accessible for public viewing and shall make copies available to prospective purchasers. e) That the City standard Subdivision Agreement be modified to reflect the requirements contained in clauses a), b), c) and d) above. f) That the Development and Technical Services Department continue to have ongoing discussions with the Kitchener-Waterloo Home Builders of developing and improving methods for providing information to new home buyers. 4. That City Council supports the use of Alternative Dispute Resolution in the resolution of issues related to planning applications and development proposals. In this regard, the following guidelines relative to Alternative Dispute Resolution is recommended: a} In the event of a dispute, staff of the Development and Technical Services Department be directed to attempt to resolve outstanding issues through the use of alternative dispute resolution methods; KITCHENER Page 7 of 9 OCTOBER 2005 9-17 POLICY NUMBER: I-1095 POLICY TYPE: LAND USE PLANNING SUBJECT: PUBLIC PARTICIPATION IN THE PLANNING PROCESS 4, cont'd Appendix "B" b) In those instances where staff of the Development and Technical Services Development are not accepted as being an objective party in the dispute, consideration shall be given to using external mediation services. c} On an interim basis, external mediation services shall be funded from the Development and Technical Services Department's existing budget under an account reserved for OMBIRegional Fees. In this regard, the General Manager Development and Technical Services of be authorized to over expend this $4,600.00 account to a maximum of $2,000.00 in 1996 if required. In order to sustain mediation as a long term initiative, the Development and Technical Services Department be directed to review various alternatives for funding external mediation services as part of its overall review of fees for the 1997 budget. 5. That in consultation with the UUard Councillor, each NeighbourhoodlNeighbourhood Association within the City of Kitchener be encouraged to develop a "Neighbourhood Development Committee" similar to that which currently exists in Stanley Park, or that a representative from each Neighbourhood be selected to be responsible for planning and development issues within their appropriate neighbourhood. 6. That no formal policy or procedural changes be initiated relative to requirements included in Bill 163 in recognition of the proposed revisions being introduced through Bill 20. 7. That the Development and Technical Services Department be directed to review their entire letter and report structure including content presentation and maps in order to ensure that all planning documents are more reader friendly and continue to maintain legally required information. S. That the Development and Technical Services Department be further instructed to prepare a citizens guide to understanding and participating in planning their neighbourhood. 9. That the posting of notice signs and preliminary circulation letters for applications. KITCHENER Page 8 of 9 OCTOBER 2005 9-18 POLICY NUMBER: I-1095 POLICY TYPE: LAND USE PLANNING SUBJECT: PUBLIC PARTICIPATION IN THE PLANNING PROCESS 10. Public Participation in the City's Site Plan approval process: Appendix "B" a} That all full site plan applications for new commercial development, redevelopment, or major additions within Planned Commercial Campus, Mixed Use Node, and other appropriate commercial areas, be circulated to all immediately adjacent low rise residential land owners within 60m and, where applicable, affiliated Neighbourhood Associations, for information and comment. b) That the Site Plan Review Committee meeting be scheduled to take place five weeks after notification is given, and all comments from adjacent residents and/or Neighbourhood Associations be provided to the Supervisor of Site Plan Development and the applicable Ward Councillor within three weeks after notification is given (typically two weeks prior to the scheduled meeting). c} That any interested parties be permitted to attend a preliminary meeting immediately prior to the regular Site Plan Review Committee meeting, at which time the residents, the applicants, and affected staff will discuss how the site plan has been or may be revised in response to the written comments of residents, or whether such changes are not reasonable having regard to the nature of the proposed development. That no more than two representatives of the adjacent neighbourhood appointed by consensus of the neighbourhood} be permitted to attend, as observers only, the regular session of the Site Plan Review Committee Meeting, at which time the plan will be considered for approval in principle and the conditions of approval will be considered. d} That notice of Site Plan Applications be given, for information purposes only, to all property owners within 60 metres of an institutionally zoned property provided, however, that this policy shall not apply to portables or portapacks to be used as classrooms on school sites. KITCHENER Page 9 of 9 OCTOBER 2005 9-19