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HomeMy WebLinkAboutPD-7-90 V% TOWN OF NEWCASTLE }' a. REPORT DN: APPLI�jqp# s� � Res. # �. By-Law # (STING: General Purpose and Administration Committee DATE: January 8, 1990 REPORT #: PD— 7 —90 FILE #: SUB,ECT: PROCEDURES RESPECTING NOTICES OF PLANNING APPLICATIONS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 7 -90 be received for information. 1. BACKGROUND: 1. 1 At its meeting of November 20, 1989, the General Purpose and Administration Committee directed Staff to examine the issue of public notices, citing various concerns raised by residents who did not receive notices or notices were received too late for them to appear as delegations. 2 . CURRENT PROCEDURES: 2 . 1 The Planning Act requires Council to hold a public meeting in respect to a rezoning application, and further requires notices be sent out to all residents within 400 feet of the . . .2 �) 4 9 REPORT NO. : PD- 7 -90 PAGE 2 proposed development. Such notices must be sent at least twenty-one (21) days prior to the public meeting. 2 .2 The above Planning Act requirement is mandatory and Staff have been following such requirements . 2 . 3 In addition to the Planning Act requirement, Council, in 1982 also adopted a policy requiring the applicant to erect a sign on the property as additional means to notify the surrounding residents and others . 2 .4 A Staff Report is prepared for every application that is being considered under the public meeting process . From time to time, the Department will receive a written objection or others may speak against the application at the public meeting. The Department keeps a complete record of all names and addresses of those who have either written in an objection or have spoken to the Committee. Only these persons will be notified of any subsequent report. The Planning Act does not require subsequent notices to all residents within 400 feet. 2 .5 However, the Planning Act does provide for the municipality to call a second public meeting if it deems the changes to the original proposal are substantial to warrant another public meeting. Staff is cognizant of this requirement and have in the past caused a second public meeting to be held for development applications where applicable. 3 . PROBLEMS RELATED TO CURRENT PROCEDURES: There are several problems related to the current procedures and the following comments are an account of these problems . . . . 3 5 `� Q REPORT NO. : PD- 7 -90 PAGE 3 3 . 1 When a mailing list is being prepared to circulate notices to residents within 400 feet, such mailing list is based on the latest assessment roll information provided to us by the Assessment office. Occasionally, if someone recently moved into the neighbourhood, his/her name may not get on the assessment record for several months, and these residents will not receive any notices . This is precisely the reason Council required a sign to be erected on site as additional notice. 3 .2 The major cause of concern relates to notices of subsequent meeting. This type of notice is sent out only to those residents who previously voiced their objection and is sent only after the staff report is completed which usually falls on a Monday, or about seven (7 ) days prior to the General Purpose and Administration meeting. Assuming the post office will deliver the mail within two or three days, the residents will get their notices either on Wednesday or Thursday and sometimes may be too late to have their names listed as delegations . In addition, the residents indicated that they don't have sufficient time to digest the information. 3 . 3 Another problem relates to revisions made to the original proposal, particularly those revisions involving increase in density or housing types . In this situation, the sign that was previously erected was not amended to reflect the revision and this causes concerns to the residents . 4 . COMMENTS: 4 . 1 Staff reviewed the matter thoroughly and would like to offer the following comments on various suggested areas of improvement. . . .4 r� Fa 1 REPORT NO. : PD- 7 -90 PAGE 4 4 .2 To ensure all residents are duly notified, and not to rely on postal service, notices can be hand-delivered to every household by Staff . However, the Town is not equipped with this type of manpower and when we consider the tremendous volume of notices needed to be sent for every General Purpose and Administration Meeting, this requires additional Staff and therefore, does not appear to be a feasible alternative. 4 . 3 For those who complain about not receiving any notice at all while their neighbours get theirs, we can only assume something has gone wrong after the notices leave our office. A possible alternative is to send the notice by registered mail. It will cost $3 .08 as opposed to 38 cents for each notice. This is a very substantial extra cost to the Town and considering the volume of notices for each application, this alternative is not feasible either. 5 . REVISED PROCEDURES 5. 1 In order to rectify the current probems, Staff will be implementing the following Departmental Procedural changes: a) THAT notices to residents for all planning applications to be considered by the General Purpose and Administration Committee for either denial or approval, must be mailed at least fourteen ( 14) days prior to the meeting date; and b) THAT where there is substantial increases in density or change to the proposal as a result of revision, the applicant must revise the signage forthwith and no notice shall be sent until the signage is amended. . . .5 552 REPORT NO. : PD- 7 -90 PAGE 5 5 .2 Staff is confident that the above procedural change should provide ample notice time to the resident. this procedural change will cause minor delay to processing of a development application. However, it is deemed necessary to protect the interest of the general public. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. wrence E. seff, M.C. I.P. Director of Planning C ief Administrative Officer and Development FW*jip December 7, 1989 553