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HomeMy WebLinkAbout2006 07 24 Regular 304 Citizen Awareness Participation Plan CITY COMMISSION July 24. 2006 Meeting Regular X ITEM 304 MGR. /Dept. REQUEST: The Community Development Department requests the City Commission review the attached implementation language for a Citizen Awareness and Participation Plan (CAPP) and provide comments or recommended revisions and also provide direction to staff for implementation of the CAPP program, including incorporation of the proposed language into the City's Code of Ordinances. PURPOSE: This agenda item presents the proposed implementation language for a CAPP program in the City. The purpose of this agenda item is to request that the City Commission consider and provide comments/recommended revisions to the proposed language and to direct staff to incorporate the implementation language for the CAPP program into the City's Code of Ordinances. CONSIDERATIONS: Like most communities near Orlando, Winter Springs has been experiencing a significant rate of growth the past few years. Residents have watched as vacant land around them has been developed and traffic has increased. Concern has been expressed about the pace, compatibility and quality of development has grown along with the community. Residents have begun to feel that they should have more say in the land use decisions that affect their lives. At the same time, developers have felt overwhelmed because, after working in good faith with the City Staff, they get to a public hearing to find residents up in arms over their proposal. Contemporary planning and property development is a complex and ever changing process that requires new ways of doing business. A new, more collaborative method of decision-making is not only needed, but should result in better decisions. Problems are increasingly complex, expensive to address, and require multifaceted solutions. Getting people of different perspectives City Commission Agenda Item 304 July 24, 2006 together to talk about problems and potential solutions is essential. Collaboration has the highest potential for building long-term and well-supported solutions. The goal and purpose of the CAPP program is to provide a menu of choices for including citizen's voices in decision making. While citizen participation is not a substitute for decision- making by the City, it is a very important influence on that decision-making. Shared decision- making is not a cure for conflict because it does not mean that everyone will agree with the final decision. However, it does make everyone aware of the reasons for a decision in the hope that all or most participants will accept the decision, even if they do not agree with it. Staff has reviewed the proposed implementation language contained in Attachment A and offers the following considerations relative to the implementation of the CAPP program in Winter Springs: 1. The information gathered as a result of the CAPP program will be used by staff as part of their review and the comments will be sent directly to the applicant without a formal meeting - usually within two (2) weeks. A formal staff review meeting may be scheduled with the applicant should staff determine that a formal meeting is warranted. 2. The CAPP program will be used primarily on projects that abut residential properties. 3. The proposed implementation language provides flexibility so that not every project would necessitate a CAPP report. There are certain projects for which the City's standard notification process and posting of the site is sufficient. 4. The CAPP program, and therefore the resultant report, will be tailored to each project depending on the level of citizen involvement. Less citizen involvement will result in a more concise, less detailed report. 5. The CAPP program would be part of an effort to shorten the amount of time that is required to review a project before the City Commission. Areas of concern for a project will be summarized in a table and submitted as part of the agenda packet. This summarization allows the Commission to concentrate on those areas that are of most concern to the citizens affected by the proposed development. Staff also recommends that the following conditions/exemptions be put in place as part of the implementation of a CAPP in Winter Springs: 1. A CAPP report should not be required on projects within the Town Center District unless that project is located on the outer perimeter of the District, adjacent to existing residential properties. 2. All associated costs of implementing the CAPP program will be the responsibility of the applicant! developer. 2 City Commission Agenda Item 304 July 24,2006 3. Specific distance requirements for notification of property owners will be based upon the size of the proposed project and the density of the surrounding neighborhoods. Standard distances commonly used vary from 150 feet to 500 feet. The current City standard for notification of neighboring properties is 150 feet and will be utilized unless the City Manager or his designee feel that the size and intensity of the proposed project warrant additional notification. 4. The applicant will be responsible for implementing all notification associated with the CAPP and providing all documentation to the City in order to minimize the impact on staff s current workload. Finally, staff would note that the American Planning Association, the American Institute of Certified Planners, and the American Society of Landscape Architects have long been proponents of increased public participation in development related issues. CHRONOLOGY: November 28, 2005 - City Commission provided with information about Longwood's Participation in Development Process. March 13, 2006 - City Commission directed staff to move forward with the outline of a CAPP program for Winter Springs. RECOMMENDATION: Staff recommends that the City Commission approve the proposed implementation language for the CAPP program and direct staff to incorporate said language into the City's Code of Ordinances. In addition, staff recommends that the City Commission review and provide comments on the draft language for the CAPP Handbook. A TT ACHMENTS: A Proposed CAPP Implementation Language (DRAFT) B. Proposed CAPP Resource Handbook (DRAFT) CITY COMMISSION ACTION: 3 ATTACHMENT A I. Special Project Notification (Citizen Awareness and Participation Plan) A. Applications for the following land use decisions may necessitate a Citizen Awareness and Participation Plan (CAPP): . Site development plan and subdivision plan review. . Variances involving a non-residential use. . Other applications at the discretion of the City Manager or his designee. B. The purpose of the CAPP is to: 1. Ensure that applicants pursue early and effective citizen participation in conjunction with their applications, giving them the opportunity to understand and mitigate any real or perceived impacts their application may have on the neighborhood and community. 2. Ensure that the citizens and property owners of Winter Springs have an adequate opportunity to learn about applications that may affect them and to work with applicants to resolve concerns at an early state of the process. 3. Facilitate ongoing communication between the applicant, interested citizens and property owners, City staff, and elected officials throughout the application review process. 4. The CAPP is not intended to produce complete consensus on all applications, but to encourage applicants, concerned citizens, and property owners to be good neighbors, resolve as many issues as possible, and to allow for informed decision-making. 5. At a minimum, the CAPP shall include the following information: a. Identification of the residents, property owners, interested parties, political jurisdictions, and public agencies that may be affected by the proposed development. b. Description of how notification will be provided to those interested in and potentially affected by the proposed development. c. Description of how information will be provided to those interested and potentially affected of the substance of the change, amendment, or proposed development for which approval is sought. d. Description of the means by which an opportunity will be provided to those interested or potentially affected to discuss the proposal and express any concerns, issues, or problems well in advance of the first public hearing. e. The applicant's schedule for completion of the CAPP. f. The means by which the applicant will keep City officials informed on the status of citizen participation efforts. 6. The level of citizen interest and area of involvement will vary depending on the nature of the application and the location of the proposed development. The applicant will determine the target area for early notification after consultation with the Community Development Department staff. At a minimum, the target area shall include the following: a. Property owners within the public hearing notice area as required by other sections of this Code. b. The president or chair of any homeowners association or registered neighborhood group within the public notice area required by other sections of this Code. c. Other interested parties who have requested to be placed on an interested party's notification list maintained by the Community Development Department. 7. These requirements apply in addition to any other notice provisions required elsewhere in this Code. 8. The applicant may submit a CAPP and begin implementation prior to formal application at the applicant's discretion. This shall not occur until after the required pre-application conference and consultation with the Community Development Department. 9. Where a CAPP is required by this Code, the applicant shall provide a written report on the results of the citizen participation efforts prior to the notice of public hearing. This report will be attached to the public hearing report. The report shall, at a minimum, contain the following information: a. Details of techniques used to involve interested and potentially affected parties, including: 1. Dates and locations of all meetings where citizens were invited to discuss the applicant's proposal. 11. Content, dates mailed, and numbers of mailings, including letters, meeting notices, newsletters, and other publications. 111. Location of residents, property owners and other interested parties who received notices, newsletters, or other written materials. IV. The number and names of people that participated in the process. b. A summary of concerns, issues, and problems expressed during the process, including: 1. The substance of the concerns, issues, and problems. 11. The manner in which the applicant has addressed or intends to address these concerns, issues, and problems. 111. The concerns, issues, and problems the applicant is unwilling or unable to address and why. CITY OF WINTER SPRINGS Citizen Awareness And Participation Plan Resource Handbook '" "" "" '" " , City of Winter Springs Citizen Awareness and Participation Plan Resource Handbook Table of Contents Introclllc:tion--------------------------------------------------------------------------- :2 The Citizen Partic:ipation Proc:ess----------------------------------------------- 3 Step One: Developing and Citizen Participation Plan------------- 4 Step Two: Implementing YOllr Plan------------------------------------ 5 Step Three: Reporting on What Happened-------------------------- 7 Citizen Partic:ipation Plan Chec:klists Step One: Plan Development------------------------------------------- 9 Step Two: Implementation----------------------------------------------- 10 Step Three: Final Report------------------------------------------------- 11 What to Consicler When Drafting a Neighborhoocl Letter---------------- 1:2 Sample Neighborhood Meeting Notification Letter-------------------- 13 Tips for an Effec:tive Presentation----------------------------------------------- 14 Tips for Hanclling DiffiC:lIlt QlIestions, Sitllations, Confrontation----- 15 Con c: Ills ion-------------------------------------------------------------------------------- 16 INTRODUCTION Winter Springs residents and property owners are becoming increasingly interested in development issues and more insistent on being involved in the decisions that affect them. In an effort to meet the needs of this interested community, the City has developed a program entitled Citizen Awareness and Participation Plan (CAPP) to ensure early and effective citizen participation in conjunction with proposed development applications. Winter Springs' Land Development code now requires project applicants to create and implement a citizen participation plan prior to gaining Planning Division approval of the application and before any public hearing is scheduled. The purpose of the Citizen Awareness and Participation Plan is to ensure that both developers and citizens have adequate opportunities early in the planning process to discuss, develop an understanding of, and try to resolve neighborhood issues related to the perceived or real impacts of a proposed project. The Plan does not guarantee success, but is instead a tool to help guide you during implementation of the CAPP program for your project. This handbook is designed to assist you in implementing your Citizen Awareness Participation Plan as required by the City's Land Development Code. The Citizen Participation Process Winter Springs is experiencing a significant reemergence of civic responsibility, citizen participation and neighborhood spirit. The Winter Springs City Commission is committed to ensuring that this renewed interest is captured and used productively in municipal decision-making, particularly as it relates to land use and development issues. The City's Citizen Awareness and Participation Plan requirement is designed to focus attention on the importance of citizen participation early in the planning process and the relationship of that participation to completing a successful development project in Winter Springs. The Citizen Awareness and Participation Plan is designed to: · Encourage early participation in the public review process. . Open a dialogue between the applicant and affected neighborhoods/property owners. · Improve communication between the development community, citizens and Winter Springs City government. Three Easy Steps to Success The citizen participation process consists of three steps. 1. Prepare a Citizen Participation Plan - This will be a written plan what will describe how you intend to notify interested parties of your proposed project and how those people will have an opportunity to comment on your project. The plan will be reviewed by the City Planning Division. City staff can help with much of the information that needs to be provided in the plan, particularly in identifying issues that are likely to arise when you go out to residents and property owners. 2. Implement the Plan - This is where you go out to the public and do what the plan outlines. This handbook has information on where and how to hold meetings, how to deal with conflicts, and successful ways to approach the task of citizen participation. 3. Report What Happened - This written report will be reviewed and approved by City staff and will be given to the decision-making bodies for their use during the formal public hearing process. It is a summary of what was done, the issues and concerns raised during the process, and what you have done or will do to address those issues. Step One: Developing a Citizen Participation Plan The product will be a written plan that you will submit to the Planning Division. City staff will review your draft plan, make comments and review your revisions, just as for any other portion of your application. The staff can be used as a resource for certain information as you prepare your plan. Before you write your plan, you need to think about the following: 1. Who might be impacted by your project? Who are the residents, property owners, businesses and others who might be interested in your project? Who will be directly affected? Who will be indirectly affected? Who will not be affected but think they will? Who may want to get involved even though they realize they won't be affected? Differentiate between groups based on impact. For example, most residents of a neighborhood have different concerns depending on what part of the neighborhood they're in. A resident living immediately next to your proposed project's site may have different concerns - and more strongly held concerns - than the rest of their neighborhood. A resident living on a busy collector street in the neighborhood may have much more concern about the traffic impacts of your project than someone living on a cul-de-sac. Treating the entire neighborhood as if they have uniform concerns may cause you to miss or gloss over important issues. 2. What are the concerns, problems and issues related to your project, as seen through the eyes of these people? Put yourself in the place of these people. How will they see your project? Will they view it as an enhancement to the neighborhood, or will they be concerned that your project will create traffic that may adversely affect them? Will they be concerned about the hours you plan to be open or the quality of housing you intend to build? Try to predict what you will hear during the participation process so you can be better prepared to respond. City Staff has found that applicants that do a good job of thin king this through are better prepared to discuss thorny issues with citizens. 3. How will you notify interested parties, and how will they be able to comment on your project? There are a number of citizen participation and notification techniques which can be used in implementing your plan. Neighborhood meetings and letters are the most common, but there may be other methods of communication and interaction you might want to use. Applicants have had success with open houses, tours of other projects, informational flyers, and news releases. What will connect you with the people who need to know about your project? How can you best inform them of what you want to do? The written plan you submit to the Planning Division must include the following information: · Identification of which residents, property owners, interested parties, political jurisdictions and public agencies may be affected by your project. · How you will notify these people and agencies that you're making an application for development? · How you will inform these people and agencies of the details of your project? . How you will give the affected and interested people an opportunity to discuss your proposal with you and let you know of any concerns, issues or problems they may have? · Your schedule for completing your citizen participation process. · How you will keep the Planning Division informed as to the progress of the implementation of your plan? Step Two: Implementing Your Plan 1. Getting the word out. This may involve different techniques, but they all fall into two basic categories; written communications and face-to-face discussion. Written information is always a part of the participation process. Whether it's a meeting notice or general information about your project, it's critical that you give people background about your project, including a description of the project, what process you're going through and what decisions related to the project have already been reached. Don't assume that people know your property has been designated for a shopping center for years. You need to tell them. No meeting should be held without some written background information having gone out beforehand. To ensure that meeting notices are affective in getting people to your meetings, you need to consider not just what you want to tell people in your notice, but what form it should take. What techniques can make the communication more effective? How can you help ensure people will read your mail? Consider other ways of getting the word out, like door hangers, homeowner association meetings or newsletters, local newspapers, etc. It's important that all meeting notices get to people early enough so they can make plans to attend your meeting. Notices of meeting should reach invitees 10-14 days before the meeting. Later than that doesn't give people adequate time. Sooner that that and people tend to forget. When you schedule your meetings, look for other events or activities that might conflict. Is it a holiday or the day before a holiday when a lot of people are out of town? Is there a big local or neighborhood function that day? 2. Listening to issues, concerns, and problems. The process of listening to the questions, concerns and problems you hear from the public is critical to successful citizen participation and a successful project. Your role in any contact with neighborhoods is not to try and convince people your project is wonderful, but to identify questions and concerns the public has about your project so you can address them. Much of this listening is done through group meetings, so how they are conducted can be critical to your success. You must convey to the people attending that while you may not be able to do everything everyone wants, you are listening; and the process you are using is fair and open. If someone is going to go to the time, expense and trouble to attend meetings, find baby- sitters, rearrange their schedules and all the other inconveniences associated with public participation, they need to believe there will be a return to them in having a quality development that doesn't harm their way of life. If people see your decision-making process as fair, they will be much more willing to accept your proposal than if they think a project is being forced on them. Make sure whoever you have on your team dealing with the public understands the importance of listening and being non-confrontational. This will help set the tone for the entire meeting. 3. Resolving issues, concerns and problems. What are you going to do about what you hear from the public? The problem solving process may involve many meetings, contacts with individuals, and time to gather additional information. You may need to revise your plans and bring them back to the public for further review. Don't feel you have to solve everyone's concerns at one meeting. If they are confident you're working with them to find solutions, people will be glad too put in the time and effort to work toward those solutions. Try to deal with people as directly as possible. Face-to-face communication and the telephone are much better than communicating through letters. Use letters as a follow-up and to formalize an agreement already reached. A large group will probably have a wide variety of issues and concerns. Sometimes working with smaller groups, organized by the issue they are particularly interested in, can be very effective in helping to reach solutions. While breaking a large group into smaller ones can be very effective, sometimes it can also give the impression that you're tying to "divide and conquer" the opposition. Remember the goal is to effectively work toward solutions. You want to work toward a solution with which all the affected public can agree. Sometimes, however, this may not be possible. If you reach an impasse, recognize it, be clear about it, and move on to other issues. Resolving other concerns can make the initial disagreements go away or make people more amenable to compromise. If you have an interest group making completely unreasonable demands on you, be clear about why you think they are unreasonable. In the end, the public and the decision makers are able to tell which concerns are legitimate and which aren't. Once again, if you can't solve every problem to everyone's satisfaction, you must at least show you have considered and addressed all issues and dealt with them fairly and honestly. Step Three: Reporting On What Happened When you have completed your participation process, you will need to compile a written report that will summarize what has taken place and tell what you've done to address concerns that arose. City staff will review your draft report to insure that it is comprehensive and accurately reflects the process. 1. What techniques did you use to notify and involve the public regarding your application? Make a chronological list of all the meetings, mailings, telephone conferences, open houses, newsletters, etc. that you employed in your participation process. Include the number of people contacted and the number that attended meetings. Include copies of written materials and publications, letters, mailing lists, and sign-in sheets. Indicate on a map the general location of people receiving notices. 2. What concerns, issues and problems did you hear during the process? Write a summary of what you heard at each meeting or during other contact with the public as you carried out your plan. Be as comprehensive as you can. Just because an issue was dealt with early on doesn't mean it won't be important during the public hearing process. 3. How have you addressed or will you address the concerns, issues and problems raised? This is a critical part of the report for you, because this is where you can best describe the reasonableness of your project issue-by-issue. Address each of the concerns you listed in number 2 above, however minor or easily resolved. Write a description of what you've done about each concern. If it's an issue you feel was not legitimate, don't ignore it; this is your opportunity to explain why it's unreasonable. Be as factual and straightforward as you can. Include details, references to plans you've submitted, etc. 4. If there are concerns, issues and problems you aren't able to address, detail these items in your report. City Staff realizes there may be items raised in meetings that you won't be able to resolve to everyone's satisfaction. You may not be able to do them and keep your project viable. They may be issues that are the responsibility of the City or another property owner to resolve. You may just not feel that the concern is legitimate and doesn't require your attention. List these issues and the reason(s) you won't be able to resolve them. Citizen Participation Plan Checklist Step One - Plan Development Proiect ImDacts · I have identified the residents, property owners, businesses and others who might be interested in my project. · I have identifies those who will be directly affected. · I have identifies those who will be indirectly affected. · I have identified those who will not be affected but who think they will. · I have identified everyone who may want to get involved, even though they realize they won't be affected. Proiect Concerns. Problems. Issues · I have thought about my project from the perspective of the people listed above. · I have identified some of the concerns or problems they may have. Notification · I have decided which public notification techniques are most appropriate for this project. Citizen Participation Plan Checklist Step Two -Implementation GettinG the Word Out · I have considered different techniques for getting the word out to interested parties about my project. · I have developed a timeline for notification that provides people ample opportunity to plan to attend meetings. · I have looked at a calendar of events in the area to ensure that there are no conflicts with my meeting date. listeninG to Issues. Concerns and Problems · I have identified potential questions and concerns that the public might have regarding my project. . The process I am using will be open and fair. ResolvinG Issues. Concerns and Problems · I have a plan to show that I have considered all of the issues and have dealt with them fairly. Citizen Participation Plan Checklist Step Three - Final Report Details of Techniaues Used · I have induded dates and locations of all meetings where citizens were invited to discuss my proposal. · I have included content, dates mailed, and number of mailings, including letters, meeting notices, newsletters and other publications. · I have induded where residents, property owners, and interested parties receiving notices, newsletters or other written materials are located. · I have included the number of people that participated in the process. Summary of Concerns. Issues and Problems Expressed Durina the Process . I have included the substance of concerns, issues and problems. · I have induded information on how I have addressed or intend to address concerns, issues and problems expressed during the process. · I have included concerns, issues and problems I am unwilling or unable to address and have explained why. What to Consider When Drafting a Neighborhood Letter 1. Pu rpose Is the purpose of your letter to invite residents to a meeting? To provide an explanation of your project? To state what you would like to see from the neighborhood? 2. Background Why are you writing to this neighborhood? Provide a description of the proposed use of your property. What's happened up to this point regarding your project? 3. Your intentions What do you hope to do with your project? Describe some of the details that you think will mitigate neighborhood concerns (Le. landscaping, sound barriers, improved street circulation, improved drainage, etc.) 4. Encouragement to the letter recipient to participate in the process Conclude letter with a positive statement about hearing from the neighborhood, meeting with them, value of their input, etc. 5. Include your name, company name, telephone number. (SAMPLE NEIGHBORHOOD MEETING NOTIFICATIN LETTER) COMP ANY LETTERHEAD DATE Dear Property Owner: YOUR COMPANY NAME would like to invite you to attend a neighborhood meeting to discuss BRIEF DESCRIPTION OF YOUR PROJECT. The meeting will be held at the following place and time: NAME OF FACILITY ADDRESS DATE AND TIME IN THE FOLLOWING PARAGRAPH, PLEASE USE THESE MAIN POINTS: . STATE WHAT YOU COMPAN HAS SUBMITTED TO THE CITY OF WINTER SPRINGS . BREIF DESCRIPTION OF THE DESIGN OF THE PROJECT. . INDICATE HOW THE PROJECT COULD POSSIBLY IMPACT THE SURROUNDING NEIGHBORHOODS. I (or your company) would like to address any comments and concerns you may have regarding this proposal. Representatives from the City of Winter Springs have also been invited to attend this meeting. Please call me (or your company) at before the meeting if you have any questions regarding the proposed development. I look forward to meeting you. Sincerely, YOUR NAME TITLE TIPS FOR AN EFFECTIVE PRESENTATION Eight Steps to Preparing a Presentation 1. Develop Objectives Why are you doing this presentation? What results do you want to achieve? 2. Consider the Audience Who will be in attendance? Why do you think they are coming? What are their interests, concerns? 3. Introduction Capture the audience's attention and give them time to tune in on you and other speakers. Set the tone for what is to come. This part of the presentation can establish credibility. 4. State You Main Ideas and Supporting Ideas Go from the general ideas to the more specific ideas. 5. State the Benefits Tell your audience the benefits of your objectives. 6. Gather Facts Make sure you put together evidence to support your main ideas. 7. Develop Visuals, Handouts, Notes These materials should complement your presentation and not serve as a distraction. Handouts should be made available following a presentation unless you want the audience to look at them while you are explaining the information. 8. Practice This is critically important for a successful presentation. If you are planning to use equipment, test it before the presentation. Make sure the room is arranged the way you want it. TIPS FOR HANDLING DIFFICULT QUESTIONS/SITUA TIONS/CON FRONT A TION Be aware that, in you audience, there will probably be people who support your project - and those who don't. There will also be people who have not formed an opinion before coming to the meeting. The goal of your presentation should be to educate the people who haven't made up their minds yet about your project. Once they have the information, they may be in a better position to support your ideas. Arch Lustberg, author of the book "Winning When It Really Counts," is an expert on effective communications. In dealing with confrontation, he suggests winning over your adversaries with reason, courtesy and valuable new facts. His book details the following suggestions regarding confrontation: 1. Pause. Think before you speak. 2. Stay calm and reasonable. 3. Don't get angry and keep control of your temper. 4. Refuse to take any attack personally. 5. Be positive. 6. Give information rather than denials. 7. Be explanatory. Don't succumb to the temptation to argue. 8. Take lots of time and don't run off at the mouth, argue, yell or scream. 9. Be the voice of reason 10. Be the good guy, Mr. or Mrs. Nice. 11. Always assume your audience is smarter that you when it comes to neighborhood issues. CONCLUSION It is the intent of the City of Winter Springs that the Citizen Awareness and Participation Plan (CAPP) be a positive step forward in encouraging and fostering early and effective citizen participation in the development process. City Staff hopes that this handbook, along with out assistance, will prove to be a useful tool in creating the Citizen Awareness and Participation Plan for your project. The City of Winter Springs staff is available to help you through the process of preparing your CAPPo Please feel free to contact the Planning Division at (407) 327 -5968 should you have any questions or need additional assistance. WE look forward to working with you!