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HomeMy WebLinkAboutPSD-027-16 Uarbgton Planning ervi Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: Planning and Development Committee Date of Meeting: April 4, 2016 Report Number: PSD-027-16 Resolution Number: File Number: DOO.GE By-law Number: Report Subject: Notification Distance Requirements for Official Plan and Zoning By- law Amendments in the rural area Recommendations: 1. That Report PSD-027-16 be received; 2. That Council endorse the attached Planning Department Policy (Attachment 2 to PSD- 027-16) a policy to increase the required distance for mailed notices from 120 metres to 300 metres for applications not within a settlement area, and 3. That all interested parties listed in Report PSD-027-16 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD -027-16 Page 2 Report Overview Council passed resolution #PD -061-15 directing staff to review and report back on Clarington's current public notification procedures for Official Plan and Zoning By-law Amendments in the rural area. Staff are recommending Council approve a policy that increases the minimum public notice distance from 120 metres to 300 metres for all Official Plan and Zoning By-law Amendment applications located outside of a settlement area. 1. Background At the November 16, 2015, Planning and Development Committee meeting Ted Meszaros appeared as a delegation regarding the current 120 metre distance for receiving notification for an Official Plan or Zoning By-law Amendment by mail for public meetings in the rural area. Mr. Meszaros believed that 120 metres was not sufficient in the rural area as that distance may only include the abutting properties in some instances and that due to the size of many properties in the rural areas a larger circulation area was warranted. Therefore, Mr. Meszaros suggested that the minimum distance should be increased from 120 metres to 500 metres for applications in the rural area. Council passed Resolution #PD -061-15 referring the matter regarding minimum notification requirements for rural Official Plan and Zoning By-law Amendments to staff for review and comment. Staff has reviewed the requirements of the Planning Act and conducted a survey on the notification practices of a number of municipalities in southern Ontario that also have significant rural areas. 2. Planning Act Requirements The Planning Act requires that notification of a statutory public meeting for an Official Plan or Zoning By-law Amendment be given in one of two ways. 2.1 Mail and Site Signage The first is that all land owners within 120 metres of a subject property be notified by mail and that a notice be posted on the property detailing the proposal and identifying where additional information is available. The intention of personal mail is to alert neighbouring property owners, the people who could be most affected by a proposed change, to the application. The sign on the property is intended to inform people who travel the area on a regular basis and could be affected by a proposed change. 2.2 Newspaper The second is that notice may be published in a newspaper that, in the opinion of the Municipal Clerk, is of sufficiently general circulation for the area in which the amendment would apply thereby giving resident's reasonable opportunity to be notified. Notices Municipality of Clarington Report PSD -027-16 Page 3 placed in the newspaper are used when the changes could have an impact on many people across an entire community or the Municipality. The Municipality of Clarington has generally chosen to send mail to all residents within 120 metres of properties that have submitted development applications and required the applicants to erect a sign with the prescribed information. In a few circumstances, where an amendment may affect multiple residents who are not in a defined area, the notice has been circulated in local newspapers. The Clarington Official Plan requires that notice be given to the public at least 18 days prior to a statutory public meeting. The Planning Act does not preclude a municipality from exceeding the minimum requirements for notification. 3. Notice Requirements in Other Municipalities Staff conducted a survey of southern Ontario municipalities to learn what practices other municipalities use when giving public notices in rural areas (Attachment 1). The majority of municipalities adhere to the standard 120 metre minimum prescribed by the Planning Act. However, there are three municipalities that have Council approved policies that require larger notification areas. Two of the municipalities require a 300 metre personal mail notification requirement in the rural areas only, while one municipality requires a 200 metres personal mail notification requirement for all applications. 4. Discussion 4.1 Rural properties are generally significantly larger than urban properties. As a result, the number of property owners notified for a Planning Act application in the rural area are normally significantly less than the number of property owners notified for applications in urban areas. The underlying goal of personal mail notification is to ensure that the closest property owners and those who could be affected the most, are aware of the application. Due to the nature of uses in the agricultural area, there is a potential for properties located greater than 120 metres away to be affected by a proposed land use change. 4.2 Staff applied multiple notification distances to two recent applications in the rural area to determine the potential impacts on personal mail notifications at different distance requirements. Under the current 120 metre requirement, the applications had personal mailing lists of 14 and 7 properties respectively. At 500 metres the applications had a personal mailing list of 50 properties and 24 properties. Given the distance, natural features and existing road layouts surrounding the application properties, staff identified that some properties included in the 500 metre personal mail notification would potentially not be directly impacted by a Planning Act application. This is due to the fact that the activity proposed has generally been along the frontage of a property (i.e. Algoma Orchards, Events by Grace) but the distance is calculated from the property boundary, which in rural areas will be quite large (up to 40 ha or more). Additionally, if it is a very significant land use change, such as Boots and Hearts, it doesn't really matter whether it is 300 or 500 metres, the important notice will be the sign or the newspaper. Municipality of Clarington Report PSD -027-16 Page 4 4.3 Staff identified 300 metres as a distance that appeared to capture most properties that would be directly affected by a typical proposed application. A 300 metre personal mail notification is also consistent with two of the municipalities surveyed by staff that require notification in the rural area above the minimum 120 metres the Planning Act requires. 4.4 There will always be property owners who feel that they are affected or have an interest in an application but that due process was not afforded to them by virtue of their property being just outside the notification area. (The Meszaros property was just 5 metres short of the 120 metre notification distance.) There is no perfect distance or perfect way of determining who will have an interest in an application. However, increasing the notice distance in rural areas makes sense to more adequately account for the properties that may be affected in the Rural Area. Once established, however, the notice distance must be applied consistently. 4.5 There is a cost associated with all notifications. It is anticipated that the cost of increasing mail notification from 120 metres to 300 metres in the rural area is insignificant. 4.6 Lastly, the notification by personal mail and the public notice sign are intended to work as one system of notification. Residents who pass the property, whether within or without the personal mail notice boundary, will see that there is a planning proposal. As part of our continuous improvement process, staff are reviewing the standards and practices for public notice signs so that they can better inform residents of upcoming proposals. We will be reporting back on this matter at a later date. 5. Concurrence Not Applicable 6. Conclusion Staff recognize that properties in the rural area are significantly larger than those in urban areas. Also, due to the nature of land uses in the agricultural area proposed land use changes could impact property owners at a greater distance than in the urban area. As such, it is recommended that personal mail notifications for Official Plan and Zoning By- law amendment applications should be increased to 300 metres to address these differences. 7. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan priority to enhance Council and Corporate Communications. Municipality of Clarington Report PSD -027-16 Page 5 Submitted by: Reviewed by: Davi J. Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer Staff Contact: Brandon Weiler, Planner, 905-623-3379 ext. 2424 or bweiler@clarington.net Attachments: Attachment 1 — Municipal Notification Distances for Official Plan and Zoning By-law Amendments in rural areas Attachment 2 - Planning Services Departmental Policy on Rural Notification Distance The following is a list of the interested parties to be notified of Council's decision: Ted Meszaros BWldf;tg Attachment 1 to Municipality of Clarington Report PSD -027-16 Municipal Notification Distances for Official Plan and Zoning By-law Amendments in Rural Areas Municipality Notification Distance Region of Durham Pickering 120 metres Ajax 120 metres Whitby 120 metres Oshawa 120 metres Uxbridge 120 metres Scugog 120 metres Region of York King Township 120 metres East Gwillimbury 120 metres Georgina 120 metres Whitchurch-Stouffville 120 metres Markham 200 metres Richmond Hill 120 metres Aurora 120 metres Vaughn 120 metres Northumberland County Port Hope 120 metres Hamilton Township 120 metres Cobourg 120 metres Township of Cramahe 120 metres Brighton 120 metres Trent Hills 120 metres County of Peterborough Township of Selwyn 120 metres Municipality of Trent Lakes 120 metres Havelock -Belmont -Methuen 120 metres Cavan Monaghan 120 metres Region of Halton Halton Hills 120 metres Milton 300 metres Burlington 300 metres Oakville 120 metres Region of Peel Caledon 120 metres Attachment 2 to Municipality of Clarington Report PSD -027-16 PLANNING SERVICES DEPARTMENTAL POLICY SUBSECTION: Community Engagement SUBJECT: Rural Notification Distance PSD-CE02 APPROVED BY: Council DATE APPROVED/ April 11, 2016 UPDATED: 1. Purpose: To provide an extended notification distance in rural areas of the Municipality where notice is given under the Planning Act for Official Plan and Zoning By-law Amendments. 2. Policy: Where notice under the Planning Act is to be given by personal mail for an Official Plan or Zoning By-law Amendment on lands located outside of a settlement area, the notification distance shall be 300 metres from the subject lands.