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Agenda
Planning Committee
meetingtobeheld Monday,October29 th,2012
at 5:30 pm
TomDaviesSquare
Ordre du jour
runiondu
Comit de planification
quiauralieu lundi29 eoctobre2012
17h 30
PlaceTomDavies
4:45 P.M. CLOSED SESSION PLANNING COMMITTEE MEETING COMMITTEE ROOM C-11 To deal with: One Acquisition/Disposition of Land Matters: Sale of Vacant Land - Marcel Street, Sudbury 5:30 P.M. OPEN SESSION PLANNING COMMITTEE MEETING COUNCIL CHAMBER
Council and Committee Meetings are accessible. For more information regarding accessibility, please call 3-1-1 or email clerks@greatersudbury.ca
PLANNING COMMITTEE
(2012-10-29)
-1-
PUBLIC HEARINGS
1. Report dated October 16, 2012 from the General Manager of Growth and Development regarding Application for temporary use by-law to permit outdoor storage and parking of construction and mining equipment, 3024 Falconbridge Highway, Garson - Falcon Hotel Ltd. (RECOMMENDATION PREPARED) 8 - 17
2. Report dated October 16, 2012 from the General Manager of Growth and Development regarding Application for rezoning in order to permit the use of the property as a Contractor's Yard for the storage of equipment and civil construction material, 7275 & 7289 Estaire Road, Sudbury - Nolcar Corporation. (RECOMMENDATION PREPARED)
18 - 25
3. Report dated October 16, 2012 from the General Manager of Growth and Development regarding Applications for Official Plan Amendment and rezoning in order to permit a new elementary school, Frood Road, Sudbury - Sudbury Catholic District School Board. (RECOMMENDATION PREPARED)
26 - 41
4. Report dated October 16, 2012 from the General Manager of Growth and Development regarding Applications for rezoning and subdivision approval in order to create a 163-lot subdivision to be developed for single and double residential uses, MacMillan Drive, Val Therese - 630411 Ontario Inc. (RECOMMENDATION PREPARED)
Letter of concern received January 12, 2012 from John Cerilli, area resident; Letter of concern dated August 5, 2009 from Tal B. Lyons, area resident; Letter of concern dated August 9, 2009 from Graham and Karen McNally, area residents; Letter of concern dated August 10, 2009 from Mike White, area resident; Letters of concern dated August 17, 2009 and November 8, 2012 from Tim and Brenda Young, area residents; Letter of concern dated August 18, 2009 from Ed Ducharme, area resident; Letter of concern dated April 4, 2011 from Kristi Arnold, Dalron Construction Limited.
42 - 93
CONSENT AGENDA
(For the purpose of convenience and for expediting meetings, matters of business of repetitive or routine nature are included in the Consent Agenda, and all such matters of business contained in the Consent Agenda are voted on collectively. A particular matter of business may be singled out from the Consent Agenda for debate or for a separate vote upon the request of any Councillor. In the case of a separate vote, the excluded matter of business is severed from the Consent Agenda, and only the remaining matters of business contained in the Consent Agenda are voted on collectively. Each and every matter of business contained in the Consent Agenda is recorded separately in the minutes of the PLANNING COMMITTEE (2012-10-29) -2-
Each and every matter of business contained in the Consent Agenda is recorded separately in the minutes of the meeting.)
C-2. Report dated October 16, 2012 from the General Manager of Growth and Development regarding Request to rescind Deeming By-law 91-18, Subdivision M-1003, Scenic View, Lot 10, Concession 3, Township of Neelon Zulich Enterprises Limited. (RECOMMENDATION PREPARED)
99 - 112
113 - 167
ADJOURNMENT
LISA OLDRIDGE, Deputy City Clerk LIZ COLLIN, Committee Assistant
PLANNING COMMITTEE
(2012-10-29)
-3-
29 octobre 2012
Place Tom Davies
Les runions du Conseil municipal et des comits sont accessibles. Pour obtenir plus de renseignements au sujet de l'accessibilit, veuillez composer le 3-1-1 ou faire parvenir un courriel l'adresse clerks@grandsudbury.ca.
COMIT DE PLANIFICATION
(2012-10-29)
-1-
AUDIENCES PUBLIQUES
1. Rapport du directeur gnral de la croissance et du dveloppement, dat du 16 octobre 2012 portant sur Demande de rglement municipal dutilisation temporaire pour permettre lutilisation dune aire dentreposage lextrieur et dun stationnement pour du matriel de construction et dexploitation minire, 3024, route Falconbridge, Garson Falcon Hotel Ltd. (RECOMMANDATION PRPARE) 8 - 17
2. Rapport du directeur gnral de la croissance et du dveloppement, dat du 16 octobre 2012 portant sur Demande de rezonage afin de permettre une cour dentrepreneur pour entreposer de lquipement ainsi que du matriel de construction civile, 7275 et 7289, chemin Estaire, Sudbury. (RECOMMANDATION PRPARE)
18 - 25
3. Rapport du directeur gnral de la croissance et du dveloppement, dat du 16 octobre 2012 portant sur Demandes de modification du Plan officiel et de rezonage afin de permettre une nouvelle cole lmentaire, chemin Frood, Sudbury Sudbury Catholic District School Board. (RECOMMANDATION PRPARE)
26 - 41
4. Rapport du directeur gnral de la croissance et du dveloppement, dat du 16 octobre 2012 portant sur Demandes dapprobation de rezonage et de lotissement afin de crer un lotissement de 163 lots pour logements individuels et logements doubles, promenade MacMillan, Val-Thrse 630411 Ontario Inc. (RECOMMANDATION PRPARE)
Lettre de proccupation date du 12 janvier 2012 partir de John Cerilli; Lettre de proccupation date du 5 aot 2009 partir de Tal B. Lyons; Lettre de proccupation date du 9 aot 2009 partir de Graham et Karen McNally; Lettre de proccupation date du 10 aot 2009 partir de Mike White; Lettre de proccupation date du 17 aot 2009 et 8 novembre 2009 partir de Tim et Brenda Young; Lettre de proccupation date du 18 aot 2009 partir de Ed Ducharme; Lettre de proccupation date du 4 avril 2011 partir de Kristi Arnold, Dalron Construction Limited.
42 - 93
lordre du jour des rsolutions. Toutes les questions daffaires lordre du jour des rsolutions sont inscrites sparment au procs-verbal de la runion)
C-2. Rapport du directeur gnral de la croissance et du dveloppement, dat du 16 octobre 2012 portant sur Demander d'annuler Jugeant le rglement 91-18 de la subdivision M-1003, Vue panoramique, lot 10, concession 3, canton de Neelon - Entreprises Zulich limite. (RECOMMANDATION PRPARE)
99 - 112
113 - 167
LEVE DE LA SANCE
LISA OLDRIDGE, Greffire municipale adjointe LIZ COLLIN, Assistante du comit
COMIT DE PLANIFICATION
(2012-10-29)
-3-
Monday, Oct 29, 2012 Tuesday, Oct 16, 2012 Public Hearings 751-3/12-5
Recommendation
THAT the City of Greater Sudbury approve the application by Falcon Hotel Ltd. to amend By-law 2010-100Z being the City of Greater Sudbury Zoning By-law with respect to those lands described as Part of PIN 73494-0149, Part of Parcel 7464 SES, Lot 6, Concession 1, Township of Garson in order to permit the temporary outdoor storage and parking of construction and mining equipment in part of the rear yard of the subject lands in accordance with Section 39 of the Planning Act for a temporary period of three years subject to the following: 1. That the temporary outdoor storage and parking of construction and mining equipment shall only be permitted on that portion of the lot located within 57 metres of the rear lot line being the southerly boundary of Part 1, Plan 53R-5883. 2. That prior to the enactment of the amending by-law the owner shall have constructed an opaque fence along the boundary of the abutting lands to the east that are zoned R2-2, to the satisfaction of the Director of Planning Services. 3. That the temporary by-law shall expire on November 20, 2015.
Signed By
Report Prepared By Glen Ferguson Senior Planner Digitally Signed Oct 16, 12 Reviewed By Eric Taylor Manager of Development Services Digitally Signed Oct 16, 12 Recommended by the Division Paul Baskcomb Director of Planning Services Digitally Signed Oct 16, 12 Recommended by the Department Bill Lautenbach General Manager of Growth and Development Digitally Signed Oct 16, 12 Recommended by the C.A.O. Doug Nadorozny Chief Administrative Officer Digitally Signed Oct 16, 12
STAFF REPORT
Applicant:
Falcon Hotel Ltd.
Location:
Part of PIN 73494-0149, Part of Parcel 7464 SES, Lot 6, Concession 1, Township of Garson (3024 Falconbridge Highway, Garson)
To amend By-law 2010-100Z being the Zoning By-law for the City of Greater Sudbury in order to permit a temporary use for a maximum period of three years.
Proposal:
The application is to permit the temporary outdoor storage and parking of construction and mining equipment in a portion of the rear of the subject lands for a temporary period of three years.
Public Consultation:
Given the minor nature of this application, a neighbourhood information session was not recommended. At the time of writing this report, no written submissions or phone calls objecting to the application have been received by the Planning Services Division.
Page 9 of 167
Planning Considerations:
Background Staff has previously been advised by the applicant in July 2012 that the subject lands are being used by a drilling and mining company for the temporary storage of mining and construction equipment, such as ATVs, drill rigs, front end loaders and trucks. Employees of the drilling and mining company are also being provided with temporary accommodations at the Falcon Hotel which is also located on the subject lands. The applicant at this time also indicated that historically the area in question has been used as a parking area for the hotel use. Staff would further note that By-law Enforcement has recently attended the subject lands with respect to the proposed use and the applicant is now seeking approval for a temporary use by-law in order to permit said use to remain on the lands. Official Plan Section 20.5.3 of the Official Plan permits Council to allow for the temporary use of land for a prescribed period of time. Staff notes that while conformity with the land use policies of the Official Plan is not required for the passing of such a by-law, it is important to consider the potential impacts that said temporary use may have on abutting land uses. The following section of the report examines the issue of land use compatibility as it pertains to the proposed temporary storage of mining and construction equipment. Land Use Compatibility The lands to the immediate south are zoned for extractive industrial use and it is not anticipated that land use conflict would occur between this use and the storage of mining and construction equipment. The lands to the immediate east are undeveloped residential lands which have been draft-approved for development since September 4, 1990. This draft approval was recently further extended to September 4, 2015. If construction of the subdivision were to proceed, any further extensions of the temporary use would need to be re-examined in the future as the potential for land use conflict might arise. In order to address the possibility that residential development proceeds within the next three years on the subdivision to the east, staff are recommending that an opaque fence be erected along the boundary of the R2-2 zone [approximately 22m (72 feet)] prior to the enactment of the amending by-law. To the east and to the west, the temporary use would be adequately buffered from residential properties by existing commercial development. The temporary use is adequately buffered from residential properties to the north as the use is located behind the existing Falcon Hotel building and set back in excess of 80 m (262.47 ft) from Falconbridge Highway. Subject to the requirement for fencing along the R2-2 zone boundary, staff are satisfied that no land use conflicts are envisioned should the temporary use be approved for a period of three years.
Summary
The lands are presently being used to store mining and construction equipment. Employees of the mining and drilling company are also being provided with temporary living accommodations on the subject lands. By-law Enforcement has attended the site and the applicant is now seeking approval to store the equipment for a period of three years. Staff has reviewed the request and finds that a temporary use by-law permitting the use for a period of three years would be appropriate. Extensions to the initial three years are possible however due to the land uses present in the general area the temporary use would need to be re-examined in detail from a land use compatibility perspective in the future. The Planning Services Division therefore would recommend that the application to amend By-law 2010-100Z being the City of Greater Sudbury Zoning By-law in order to permit the temporary outdoor
Page 10 of 167
storage and parking of construction and mining equipment in the rear of the subject lands in accordance with Section 39 of the Planning Act for a temporary period of three years.
Page 11 of 167
R1-5
180
I(4)
FD
FD
R1-5
3223
600
R2-2 R2-2
648
I
RODNEY
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68 435 3144 3150 6 12
O'NEIL
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713
291
295 65 55 47 37 27 21
58 52
501
489
451 445
R1-5
228 218 208 186 184 200 207
240
248
60
LAWRENCE
41
50 42 32 20 16
R1-5
38 28
211
33 29 11
19
173
195 183
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2991 26 2983
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16 20 22
26 24
30713079
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3160 3166 23 17 35
R3.D60
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R1-5
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18 24
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3035 3045
N CO FAL
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30983098 3098
3098
SANDRA
9 64
36 14 22 21
11 53 63
R1-5
2859 2851
2869
2877
2946
R2-2
2992 3000
R2-2
79
70 78 84
R1-5
92 100 110 118 128 134 144 154 164 172
87
31 35 41 47
R1-5
3000
51
C1
2872
2836 2850
R2-2
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180
190 208
28 34
229
221 237
40 46
245
52
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RAVINA
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269
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Subject Property being Part of PIN 73494-0149, Part of Parcel 7464 SES, Lot 6, Concession 1, Township of Garson, 3024 Falconbridge Highway, Garson, City of Greater Sudbury
Sketch 1 NTS
751-3-12-005 location sketch 1/1
Page 12 of 167
R1-5
238 246 254 262
16
207 213
214
PENMAN
R1-5
R1-5
EDGECLIFF
RU
270
ORELL
PENMAN
Page 13 of 167
Photo 1
EXISTING HOTEL AND RESTAURANT BUILDING LOCATED ON THE SUBJECT LANDS AS VIEWED FROM FALCONBRIDGE HIGHWAY LOOKING SOUTH
Photo 2 STORAGE OF MINING AND CONSTRUCTION EQUIPMENT ON THE SUBJECT LANDS LOOKING SOUTH FROM BEHIND THE HOTEL AND RESTAURANT USE 751-3/12-5 Photography Oct 12, 2012
Page 14 of 167
Photo 3 HOTEL AND RESTAURANT AS VIEWED FROM STORAGE AREA IN THE REAR PORTION OF THE SUBJECT LANDS LOOKING NORTH TO FALCONBRIDGE HIGHWAY
Photo 4 RESIDENTIAL USES TO THE NORTH OF THE SUBJECT LANDS VIEWED FROM FALCONBRIDGE HIGHWAY LOOKING NORTH 751-3/12-5 Photography Oct 12, 2012
Page 15 of 167
Photo 5 VACANT RESIDENTIAL LANDS AND EXTRACTIVE INDUSTRIAL LANDS TO THE EAST AND SOUTH OF THE SUBJECT LANDS
Photo 6 MINING AND CONSTRUCTION OFFICE USE TO THE IMMEDIATE WEST OF THE SUBJECT LANDS 751-3/12-5 Photography Oct 12, 2012
Page 16 of 167
Photo 7 EXISTING COMMERCIAL DEVELOPMENT TO THE EAST OF THE SUBJECT LANDS VIEWED FROM FALCONBRIDGE HIGHWAY LOOKING EAST
Page 17 of 167
Monday, Oct 29, 2012 Tuesday, Oct 16, 2012 Public Hearings 751-9/12-1
Recommendation
THAT the City of Greater Sudbury approve the application by Nolcar Corporation to amend By-law 2010-100Z being the City of Greater Sudbury Zoning By-law by changing the zoning classification of lands described as PINs 73470-0196, 73470-0204, 73470-0301, Parcels 21422, 22947, and 37428 SES, Lot 5, Concession 2, Township of Dill from "C2", General Commercial and "RU", Rural to "RU(S)", Rural Special subject to the following conditions: 1. That the only permitted use shall be a contractor's yard. 2. That prior to the enactment of the amending by-law the owner shall enter into a Site Plan Control Agreement with the City, which amongst other matters, shall address the screening of outdoor storage areas and landscaping adjacent to Estaire Road.
Signed By
Report Prepared By Alex Singbush Senior Planner Digitally Signed Oct 16, 12 Reviewed By Eric Taylor Manager of Development Services Digitally Signed Oct 16, 12 Recommended by the Division Paul Baskcomb Director of Planning Services Digitally Signed Oct 16, 12 Recommended by the Department Bill Lautenbach General Manager of Growth and Development Digitally Signed Oct 16, 12 Recommended by the C.A.O. Doug Nadorozny Chief Administrative Officer Digitally Signed Oct 16, 12
STAFF REPORT
Applicant:
Nolcar Corporation
Location:
PINs 73470-0196, 73470-0204, 73470-0301, Parcels 21422, 22947, and 37428 SES, Lot 5, Concession 2, Township of Dill, 7275 & 7289 Estaire Road, Sudbury
Application:
To amend By-law 2010-100Z being the Zoning By-law for the City of Greater Sudbury by changing the zoning classification from "C2", General Commercial and "RU", Rural to "RU(S)", Rural Special to allow a Contractor's Yard.
Page 18 of 167
Proposal:
The application proposes the use of the property as a Contractor's Yard for the storage of equipment and civil construction material to support aggregate activity in the area. At this time no new buildings are proposed.
Page 19 of 167
buildings, septic systems, wells etc. within the permit control area, and prior to the placing of fill or other alterations. 2. New buildings, septic systems etc. must maintain a minimum setback of 14.0 metres from the highway property line. Wells must maintain a minimum setback of 30.0 metres from the highway property line. 3. A MTO sign permit will be required prior to the placing of any signs visible from the highway. Building Services Building Services requires the following: 1. A 3 m landscaped area abutting the road. 2. A 2.2 m high opaque fence is required around the storage area. 3. No shelving higher than 2.2 m is permitted. 4. It should be noted that the proposed future buildings would require adequate water for firefighting purposes under the Ontario Building Code. The area is un-serviced therefore Ontario Fire Marshalls Standards would apply. Development Engineering This site not currently serviced with municipal water and sanitary sewer. We have no objection to changing the zoning classification from "C2", General Commercial and "RU", Rural to "R(S)", Rural Special to permit the use of the property as a Contractor's yard for the storage of equipment and civil construction material. Roads and Transportation Services Estaire Road is under the jurisdiction of the Ministry of Transportation.
Public Consultation:
Given the minor nature of this application, a neighbourhood meeting was not recommended. As of the date of this report, no phone calls or correspondence regarding this proposal has been received by the Planning Services Division.
Planning Considerations:
Zoning By-law Conformity The subject lands are to be rezoned from "C2", General Commercial and "RU", Rural to "RU(S)", Rural Special. The use of the property will remain consistent with the Zoning By-law standards for rural properties. The By-law contains specific provisions with respect to outdoor storage which will apply on the subject lands: a) Outdoor storage shall be permitted only in a rear or interior side yard and shall not be located any closer than 9.0 metres to any street line; b) Outdoor storage shall be screened by opaque fencing with a minimum height of 2.2 metres, In addition, a 3.0 metre-wide landscaped area adjacent Estaire Road is required.
The proposed rezoning conforms to the Official Plan. Consistent with Official Plan policies the property will be subject to site plan control. This application for "RU(S)", Rural Special zoning to allow a Contractor's Yard is appropriate at this location and the Planning Services Division recommends that the application to amend By-law 2010-100Z be approved.
Page 21 of 167
26
RU
6 24 65 31
C BIR
7198
69
IR TA ES E
7198
69
7 53
83 91 111 128 138 146 154 160 184 131 7199 7199 7199
7198 7198
RU
145 149
163
7274
C2
RU(56)
66
112 104
7275
220
7289
46 40 24
264
RU
BRUCE
210
197
7302
53
53 7
C2
C2
RU(23)
27
HORSESHOE LAKE
312
RU
68 407 393
61
ULA PERTT
51
M5(13)
LAV OL A
M5(6)
T Lake
IR TA ES E
HORSESHOE LAKE
DU
BIR
CH
BR
OY S
Subject Property being PINs 73470-0196, 73470-0204 & 73470-0301, Parcels 21422, 22947 & 37428 SES, Lot 5, Concession 2, Township of Dill, 7275 & 7289 Estaire Road, Sudbury, City of Greater Sudbury
9 69 6
Sketch 1 NTS
Page 22 of 167
Page 23 of 167
Photos 1 SUBJECT LANDS 7275 AND 7289 ESTAIRE ROAD, VIEWED LOOKING SOUTHWEST FROM ESTAIRE ROAD
Photo 2 SUBJECT LANDS VIEWED LOOKING WEST FROM ESTAIRE ROAD 751-9/12-1 Photography Oct 4, 2012
Page 24 of 167
Photo 3 7278 AND 7302 A ESTAIRE ROAD, EAST OF THE SUBJECT LANDS VIEWED LOOKING EAST FROM ESTAIRE ROAD
Photo 4 7302 B ESTAIRE ROAD, EAST OF THE SUBJECT LANDS VIEWED LOOKING EAST FROM ESTAIRE ROAD 751-9/12-1 Photography Oct 4, 2012
Page 25 of 167
Monday, Oct 29, 2012 Tuesday, Oct 16, 2012 Public Hearings 701-6/12-5 & 751-6/12-24
Recommendation
Recommendation #1: THAT the City of Greater Sudbury approve the application by the Sudbury Catholic District School Board to amend the City of Greater Sudbury Official Plan by changing the land use designation from Parks & Open Space to Institutional on those lands described as Part of PIN 02179-0004, Part of Parcel 27 S.E.S., in Lot 7, Concession 4, Township of McKim. Recommendation #2: THAT the City of Greater Sudbury approve the application by the Sudbury Catholic District School Board to amend Zoning By-law 2010-100Z by changing the zoning classification from "OSP", Open Space Private to "I", Institutional on those lands described as Part of PIN 02179-0004, Part of Parcel 27 S.E.S., in Lot 7, Concession 4, Township of McKim subject to the following conditions: a. That the owner provide the Development Approvals Section with a registered survey plan outlining the lands to be rezoned to enable the preparation of an amending zoning by-law; b. That prior to the issuance of a building permit, the owner shall enter into a Site Plan Control Agreement with the City, which amongst other matters shall address the following:
Signed By
Report Prepared By Mauro Manzon Senior Planner Digitally Signed Oct 16, 12 Reviewed By Eric Taylor Manager of Development Services Digitally Signed Oct 16, 12 Recommended by the Division Paul Baskcomb Director of Planning Services Digitally Signed Oct 16, 12 Recommended by the Department Bill Lautenbach General Manager of Growth and Development Digitally Signed Oct 16, 12 Recommended by the C.A.O. Doug Nadorozny Chief Administrative Officer Digitally Signed Oct 16, 12
i) The owner shall prepare a landscape plan to the satisfaction of the Director of Planning Services; ii) That development not be permitted in the wetlands unless it is demonstrated that there is no impact on the quality and quantity of surface water features hydrologically linked to the wetlands and that losses of significant wetland features and functions will not occur; iii) The owner shall undertake a Traffic Impact Study and agree to participate in the cost of any improvements identified in the study to the satisfaction of the General Manager of Infrastructure Services;
Page 26 of 167
iv) The owner shall extend the existing sidewalk on the west side of Frood Road from Victory Park to the south limit of the subject property; and, v) The owner shall agree to transfer to the City a 5 metre strip of property along the entire frontage of Frood Road upon demand, if and when required for future road improvements, free of mortgages, trust deeds and other encumbrances securing financing. The City shall be responsible for all survey and legal costs associated with this transfer.
STAFF REPORT
Applicant:
Sudbury Catholic District School Board (Agent: YB Architecture)
Location:
Part of PIN 02179-0004, Part of Parcel 27 S.E.S., in Lot 7, Concession 4, Township of McKim (Frood Road, Sudbury)
Applications:
1. To amend the City of Greater Sudbury Official Plan from Parks & Open Space to Institutional. 2. To amend By-law 2010-100Z being the City of Greater Sudbury Zoning By-law from "OSP", Open Space Private to "I", Institutional.
Proposal:
Site specific applications for Official Plan Amendment and rezoning in order to permit a new elementary school (St. David School). The proposed school will have a floor area of 2 600 m2 (27,986 sq. ft.) and a height of 1 to 2 storeys (maximum 8 metres). A section of the community trail would be realigned to accommodate development.
Page 27 of 167
4. In order to protect and improve the urban tree canopy, applications for subdivision or site plan approval may require a landscape plan. The plans will include the following: a) a description of how natural vegetation is being retained as much as possible; b) the identification of trees or stands to be retained; c) measures to protect trees to be retained during and after construction; d) a description of vegetation and trees to be removed and replacement strategy and measures; e) a detailed planting plan to illustrate proposed replacement strategy and measures for lost vegetation, including trees; and, f) the use of native species wherever possible.
Page 28 of 167
While we have no objection to the proposed use of the subject property, we are concerned about accessibility and safety for children who will walk to the school. We require that the following conditions be included as part of any approval: 1) That the owner undertake a Traffic Impact Study to review pedestrian crossing safety on Frood Road and determine if any road improvements are required. The study should also review school bus and vehicle circulation, as well as parent and staff parking facilities. Further, that the owner agrees to participate in the cost of any improvements identified in the study to the satisfaction of the General Manager of Infrastructure Services. 2) That the owner extend the existing sidewalk on the west side of Frood Road from Victory Park to the south limit of the subject property, a distance of approximately 100 metres. 3) The owner understands and agrees to transfer to the City a 5 metre strip of property along the entire frontage of Frood Road upon demand, if and when required for future road improvements, free of mortgages, trust deeds and other encumbrances securing financing. The City shall be responsible for all survey and legal costs associated with this transfer. Drainage Section No concerns. Environmental Planning Initiatives There are two environmentally related issues associated with the above-noted application: 1. Wetlands Two wetlands are present on the subject property as shown on the attached figure along with a small watercourse that eventually drains into a culvert under Frood Road. A watershed or subwatershed plan has not been prepared for the area containing the subject property. Policy 3 in Section 9.2.3 of the City's Official Plan states: "3. In areas without a watershed or subwatershed plan, development and site alteration are not permitted in a wetland unless it can be demonstrated that there will be no impacts to the quality and quantity of surface water features that are hydrologically linked to the wetland and that losses of significant wetland features and functions will not occur." 2. Tree Canopy Cover Thousands of tree seedlings were planted on and adjacent to the subject property by the City's Regreening Program since 1984. The table below lists the tree species planted specifically on the subject property. The intent of the Regreening Program is to improve the quality of Greater Sudbury's terrestrial ecosystem and, by so doing, improve the health of the City's watersheds and urban and rural environments that were damaged by air emissions from past smelting activities. Year 1984 Species Japanese Larch Red Oak Jack Pine Red Pine Number Planted 550 500 1000 2000
Page 29 of 167
1997
1998
1999
Jack Pine
Policies in Section 9.4.2 of the City's Official Plan state: "2. New development, redevelopment, and municipal infrastructure works on previously restored land will be required to mitigate any impacts to existing soil and vegetation. Where mitigation through avoidance is not possible, onsite soil erosion shall be prevented and all vegetation removed shall be replaced through appropriate and adequate site landscaping and/or land reclamation measures. 3. New development, redevelopment, and municipal infrastructure works on land in need of reclamation, will be required to reclaim the soil and vegetation onsite to a level equal to or greater than would be achieved through the City's Land Reclamation Program. 4. In order to protect and improve the urban tree canopy, applications for subdivision or site plan approval may require a landscape plan. The plans will include the following: a. A description of how natural vegetation is being retained as much as possible; b. The identification of trees or stands to be retained; c. Measures to protect trees to be retained during and after construction; d. A description of vegetation and trees to be removed and replacement strategy and measures; e. A detailed planting plan to illustrate proposed replacement strategy and measures for lost vegetation, including trees; and, f. The use of native species wherever possible. It is recommended that this application be required to develop a landscape plan containing the elements outlined above.
Neighbourhood Consultation:
The proponents conducted pre-consultation with City staff and VETAC prior to the lands being deemed surplus. In addition, a neighbourhood meeting was conducted on October 2, 2012 beginning at 6:30 p.m. at St. David School. The Citys mailing list was provided in order to facilitate the meeting. The school board also provided a notice to parents through St. David School. The agent has reported that the proposal was well-received. As of the date of this report, no phone calls or written submissions have been received by Planning Services.
Background:
The lands were purchased by the former City of Sudbury in 1998 as part of the Donovan and Area
Page 30 of 167
Community Improvement Plan. On June 11, 2012, Planning Committee recommended that the subject lands be declared surplus in order to accommodate the new school. It was further recommended that the proponents work with VETAC and the Green Space Advisory Panel to ensure preservation of reclaimed areas to the extent possible. The recommendation was ratified by Council on June 26, 2012.
Planning Considerations:
Council has declared a portion of the lands surplus in order to accommodate the proposed school. No land use conflicts are anticipated with adjacent uses given the nature of the site, as the proposed use will be situated on a large parcel surrounded by green space. The key issues concerning this application relate to the following: integrating the development within the natural setting in order to protect historical land reclamation efforts, including maintaining public access; and, infrastructure improvements required to service the new elementary school. Preservation of green space The lands are being conveyed with the expectation that the proponents will make every effort to respect and enhance the successful work towards regreening and recovery. The preliminary land use concept prepared by YB Architecture indicates that special consideration has been extended to integrating the new school onto the property. Indeed it is the intent to make the unique setting and history of the reclaimed site an integral component of the design and curriculum of the new school. It is on this basis that Council approved the conveyance of a much-valued site. Some key elements of the proposed design are highlighted as follows: The reforested area situated along the road corridor shall be maintained with the exception of one driveway entrance; Although a section of the trail will have to be realigned in order to accommodate development, public access to the community trail and adjacent City-owned green space will be maintained; The majority of the site will be left in its natural state; There will be no encroachment into wetland areas, which are integrated into the development scheme; The natural drainage course shall be maintained; The Site Plan Control Agreement can be utilized to address site alteration during the construction phase, including such matters as siltation control and rock removal. In order to ensure the implementation of the above noted elements, a landscape plan is required as a condition of approval, consistent with Official Plan policies. The submission of a landscape plan can be incorporated into the site plan control process, to the satisfaction of the Director of Planning Services. Infrastructure improvements A key concern relates to pedestrian access and student safety. Currently there is no sidewalk on the west side of Frood Road, which has a fair amount of traffic during peak periods. (The closest available traffic count for Frood Road is located just north of Kathleen, which has a 2011 Annual Average Daily Traffic (AADT) of 7,500 vehicles.) As conditions of approval, Roads and Transportation Section require the following:
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1. The owner shall prepare a Traffic Impact Study (TIS) to address student crossing movements, parking facilities, and on-site circulation of school buses and other vehicles. The TIS can be prepared concurrent with the site plan process, to the satisfaction of the General Manager of Infrastructure Services. 2. The extension of the existing sidewalk on the west side of Frood Road to the south limit of the subject property; and, 3. The transfer of a 5 metre strip of property along the entire frontage of Frood Road upon demand, if and when required for future road improvements, free of mortgages, trust deeds and other encumbrances securing financing. The City shall be responsible for all survey and legal costs associated with this transfer. The proponents will also need to extend municipal services to the site. Such matters can be addressed in greater detail at the site plan stage.
Summary
A plan of survey will be required in order to enact the amending zoning by-law. Planning Services recommends that the application for rezoning be approved subject to the above noted conditions.
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699
P
828 820
R3-1 798
801 805 807
R3
R2-2
R3
4
BURTON
3 7 9
M4
M1(16)
61
57
R3-1
T CABO
60 5852
HE AR
32
R3-1
34
NE
1 R 3-
91115 19
FRO O
R 22
140 144
132
R1
-5
106 98 96 90
R1-5
168
162
158
137 149 90
129119
101 93 87 81 75 69 63 57
ALBANY
R2-2 7064
58
R1-5
SC
173
91
84 78 72 66 62 S 83 77 71 50 44
EVER N
R2-2
54 48
40
32
TRENT
179 58
R1-5
38 32
65 61 55 49 26
45
I(22)
505
520 514
485
502
ST ROCH
503 495 497 487
R2
514 506
OSP
539 529
536
R2-2 R3.D3327
530 528 516
59 55 47 41 33
41
37 553 548
14
523
-2
R3 R2-2
UNNAMED LANE 103
523 523
R2-3
CH EV SH
487 485 477
530 526
K EN
R2-3
BURTON
MONTAGUE
R2-3
R2-3
BESSIE
R2-3
R2-3
R2-3
R2-3
422
408
400
392
-3 R2
360
R2-3
DU
PO
NT
433
445 441
350
425 421
430 424
438
R2-3
R2-3
427
445
424 422
436 432
R2-3
447
R2-3
428 436
350 354
465
462
465
456
459
467
BUR
B CA
TON
T O
NOTR
LLE LASA
RIO
E DA
ME
HURON
JEAN
EL M
MAPLE
BEATTY
MCKIM MCNEILL
MELVIN
EVA
Subject Property being Part of PIN 02179-0004, Part of Parcel 27 SES, Lot 7, Concession 4, Township of McKim, Frood Road, Sudbury, City of Greater Sudbury
LESLIE
Sketch 1 NTS
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R2-3
419
473
492 488
476
NADIA
478
477
FROOD
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Photo 2 FROOD ROAD, SUDBURY - VIEW OF STREET LINE AND RECLAIMED LANDS 701-6/12-5 & 751-6/12-24 Photography Sept 27, 2012
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Photo 4 FROOD ROAD, SUDBURY - INTERIOR VIEW OF TRAIL 701-6/12-5 & 751-6/12-24 Photography Sept 27, 2012
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Photo 6 FROOD ROAD, SUDBURY - FORESTED SLOPE WITH TYPICAL VEGETATION 701-6/12-5 & 751-6/12-24 Photography Sept 27, 2012
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Photo 8 FROOD ROAD, SUDBURY - NORTHERLY VIEW TO ROCKY HILLTOPS 701-6/12-5 & 751-6/12-24 Photography Sept 27, 2012
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Photo 10 FROOD ROAD, SUDBURY - SMALLER WETLAND FEATURE IN SOUTHEAST SECTION 701-6/12-5 & 751-6/12-24 Photography Sept 27, 2012
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Photo 12 FROOD ROAD, SUDBURY - DRAINAGE OVER ROCK SLOPE TOWARDS FROOD ROAD 701-6/12-5 & 751-6/12-24 Photography Sept 27, 2012
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Monday, Oct 29, 2012 Tuesday, Oct 16, 2012 Public Hearings 751-7/09-8 & 780-7/09002
Recommendation
Recommendation #1: That the City of Greater Sudbury approve the application by 630411 Ontario Inc. to amend By-law 2010-100Z being the City of Greater Sudbury Zoning By-law by changing the zoning classification of lands described as PIN 73504-0952, Rem. of Parcel 764 S.E.S., in Lot 6, Concession 1, Township of Hanmer from "FD", Future Development to "R1-5", Low Density Residential One and "R2-2", Low Density Residential Two subject to the following conditions:
Signed By
Report Prepared By Mauro Manzon Senior Planner Digitally Signed Oct 16, 12 Reviewed By Eric Taylor Manager of Development Services Digitally Signed Oct 16, 12 Recommended by the Division Paul Baskcomb Director of Planning Services Digitally Signed Oct 16, 12 Recommended by the Department Bill Lautenbach General Manager of Growth and Development Digitally Signed Oct 16, 12 Recommended by the C.A.O. Doug Nadorozny Chief Administrative Officer Digitally Signed Oct 16, 12
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3964
R1 -5
1736
RU
R1-5
3910 3904 3903 1545 3893 3904 3886 3885 3898 3899 1735 1697 3890 3888 3873 3875 3874 3882 3867 3868 3834 3907 3858 3855 3856 3857 3849 3859 3842 3862 3843 3853 3826 3851 3838 3849 3846 3840 3808 3788 3839 3825 3835 3834 3819 3813 3662 3661 3826 1568 3682 3687 3803 1592 3810 3691 3746 3722 1575 1563 3800 3795 3697 3790 3749 3723 3713 3789 3773 1576 1564 3786 3776 1648 1630 1716 1702 3766 1724 HENRY COURT 1624 1637 1730 1725 1610 1736 1590 1648 1702 1716 1700
SWANSON COURT
R1-5
3905 3893
R2-2
R1-5
R1-5 3906
3947 3941
VELMA STREET
R1-5
3965 3960
1626 3974 1673 1653 3964 1635 3960 3957 3979 3951 3944 3972 3934 3934 3933
R1-5
R1-5
P
1213
R1-5 P
R1-5
DIANE STREET
R1-5
R1-5 P
R1-5
GEORGE STREET
1695
-5 R1
1690
R1-5
1710
SUZANNE STREET
R1-5
3649
R1-5
3661
3664
3663
MARK STREET
3673
CLAIRE STREET
3689
JOHN STREET
3685
R1-5
1643 3711
3720
1644
C1 I
I(9 )
RU FD
3674
R1-5
3637 3625
3613
3601 3593
3622 3612
3601
1707 1696
1818 1810
R1-1
R1-1 .D1
1833
R1-1
1795
YORKSHIRE DRIVE
1733
1712 1714 RICHARD STREET 1645 1597 1699 1745 1607 1739 1729 1700 1688 1668 1648 1623 1629 1713 1707 1687 1677 1667
CAROL STREET
1643 1633
3612 1664
3623
H30C2
C2 RU
3480 1576
1777 1743
R1-2 1647
RU
R1-5
Whitson River
RU
R2-2
3394
FD
3376
3366
R1-5 3352
3370
RU
3358
WILFRED STREET
DOMINION DRIVE
Growth and Development Department Subject Property being PIN 73504-0952, REM Pcl. 764. Lot 6, Con. 1, Twp. of Hanmer, Val Therese, City of Greater Sudbury
Whitson River
ELM STREET
Whitson River
Sketch 1 NTS
M5
CECILE STREET
R1-5
Whitson River
RU
R1-5
REET VELM A ST
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MIRAGE BOULEVAR
HERITAGE DRIVE
Road Community Boundary Lakes Living Area 1 Mixed Use Commercial Parks & Open Space Rural Urban Expansion Reserve Agricultural Reserve
WAYNE CRESCENT
CONCORDE STREET
Subject Property
LILLIAN STREET
ROSE COURT
DOMINION DRIVE
NORMAN CRESCENT
VELMA STREET
HAROLD CRESCENT
DIANE STREET
HARRY STREET
SWANSON COURT
MACMILLAN DRIVE
Land Use
SANDRA COURT
Subject Property
JOSEPHINE DRIVE
HENRY COURT
GEORGE STREET
JOHN STREET
SUZANNE STREET
CLAIRE STREET
MARK STREET
CAROL STREET
RICHARD STREET
CHARLES COURT
YORKSHIRE DRIVE
CLARENCE STREET
OMB Order
CECILE STREET
ISABELLE STREET
LINA STREET
ROMEO STREET
DIVISION STREET
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0 0.125 0.25 0.5 FELIX STREET Kilometres 0.75 1
PINE COURT
KW
CH
EUGENE STREET
S IC LAS C
AY
LS
AR
EA
AVENUE
L A RO C
QU EA
V ENUE
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Photo 2 MACMILLAN DRIVE, VAL THERESE - SOUTHERLY LIMIT OF MACMILLAN DRIVE 780-7/09002 & 751-7/09-8 Photography July 29, 2009
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Photo 4 MACMILLAN DRIVE, VAL THERESE - SOUTHERLY VIEW FROM MID-POINT OF PROPERTY 780-7/09002 & 751-7/09-8 Photography July 29, 2009
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Photo 6 MACMILLAN DRIVE, VAL THERESE - TYPICAL TOPOGRAPHY RELATIVELY FLAT 780-7/09002 & 751-7/09-8 Photography July 29, 2009
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Photo 8 MACMILLAN DRIVE, VAL THERESE - VIEW OF ABUTTING BLOCK G (PARKLAND) 780-7/09002 & 751-7/09-8 Photography July 29, 2009
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Photo 9 MACMILLAN DRIVE, VAL THERESE NORTHWESTERLY VIEW TOWARDS CAMPEAU STREET
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NORMAN
WAYNE
HAROLD
DIANE
HARRY
MACMILLAN
VELMA
SADDLE CREEK
DOMINION
SWANSON
Subject Land
SANDRA
JOSEPHINE
HENRY
GEORGE
JOHN
SUZANNE
CLAIRE
MARK
CAROL
RICHARD
CHARLES YORKSHIRE
CLARENCE
CECILE
50
100
400
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Presented:
Monday, Oct 29, 2012 Tuesday, Oct 16, 2012 Routine Management Reports
Consent referral request for Consent Applications Report Date B92/2012 to B94/2012, 5174 Desmarais Road, Type: Hanmer - Diane & Marcel Boulais
Recommendation
THAT the City of Greater Sudbury permit Consent Applications B0092/2012, B0093/2012 and B0094/2012 on those lands described as PIN 73506-0122, Parcel 951, Lot 6, Concession 4, Township of Hanmer, to proceed by way of the consent process.
Signed By
Report Prepared By Glen Ferguson Senior Planner Digitally Signed Oct 16, 12 Reviewed By Eric Taylor Manager of Development Services Digitally Signed Oct 16, 12 Recommended by the Division Paul Baskcomb Director of Planning Services Digitally Signed Oct 16, 12 Recommended by the Department Bill Lautenbach General Manager of Growth and Development Digitally Signed Oct 16, 12 Recommended by the C.A.O. Doug Nadorozny Chief Administrative Officer Digitally Signed Oct 16, 12
STAFF REPORT
Applicant:
Marcel & Diane Boulais
Location:
PIN 73506-0122, Parcel 951, Lot 6, Concession 4, Township of Hanmer (5174 Desmarais Road, Hanmer)
Application:
In accordance with Section 20.4.1 of the Official Plan, the Consent Official has referred the subject application for consent to the Planning Committee in order to determine whether the applications should be permitted to proceed by way of the consent process or alternatively if a plan of subdivision is required.
Proposal:
The applicant is seeking approval from the Consent Official to create three additional new rural residential dwelling lots with each having minimum lot areas of 2 ha (5 acres) and minimum lot frontages of 90 m (295 ft) onto Desmarais Road in Hanmer. The lands have been the subject of previous consent applications between 1985 and 1996. These previous applications resulted in the creation of three rural residential dwelling lots fronting onto Gravel Drive which is located to the south of the subject lands.
The portion of the subject lands that are the subject of the consent application are designated Rural in the Official Plan for the City of Greater Sudbury. Section 5.2.2 of the Official Plan permits no more than three new lots to be created from a single parent rural parcel based on the adoption date of the Plan. Further to the above-noted lot creation policies, Section 20.4.1 of the Official Plan for the City of Greater Sudbury outlines that, all proposals which have the effect of creating more than three new lots shall be considered as applications for a plan of subdivision, unless in Councils opinion a plan of subdivision is not necessary for the proper development of the area.
Planning Considerations:
The lands are designated Rural in the Official Plan. Staff notes that no new lots have been created since the adoption of the Official Plan in June 2006. The development proposal therefore conforms with rural lot creation policies under Section 5.2.2 of the Plan. With respect to Section 20.4.1, staff has appropriately circulated the subject consent referral in order to determine whether the applications should be permitted to proceed by way of the consent process or alternatively if a plan of subdivision is required. Staff advises that circulated departments have not identified any works to be completed in order to accommodate the proposed three additional rural residential dwelling lots. Staff has also reviewed the development proposal in detail and confirms that both the severed and retained lots would meet lot area and lot frontage requirements under By-law 2010-100Z being the Zoning By-law for the City of Greater Sudbury. The proposed retained lands are presently vacant and any new construction would be required to comply with yard setback, lot coverage and building height development standards as required within the "RU", Rural Zone. Staff also note that there is an existing single-detached dwelling with a detached garage and shed on one of the proposed severed portions which appears to comply with all yard setback and lot coverage requirements for the RU Zone. Staff advises that in general there are no land use planning matters which would prescribe the subdivision
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process as the preferred method for lot creation in this case. It is on this basis therefore that staff recommends that it would appropriate for the proposed new lots to proceed by way of the consent process.
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Monday, Oct 29, 2012 Tuesday, Oct 16, 2012 Routine Management Reports 780-6/73-12
Recommendation
THAT the City of Greater Sudbury approve the request by Zulich Enterprises Limited to rescind Deeming By-law 91-18 on the lands described as Subdivision M-1003, Lots 25 to 32, 45 to 69, and 74 to 106, 110 to 130, and Lot 133, Lot 10, Concession 3, Township of Neelon subject to the following conditions: 1. That prior to the rescinding of the deeming by-law the applicant shall enter into a development agreement(s) with the City of Greater Sudbury, addressing the provision of infrastructure and other improvements, for each phase of the development of the lots to the satisfaction of the General Manager of Growth and Development. 2. That the owner finalize the Tranplan October 2012 Traffic Impact Study and agree to participate in the cost of any upgrades or improvements including the owner to be responsible for the construction of a sidewalk on the existing section of Birmingham Drive between Dorsett Drive and Bancroft Drive to the satisfaction of the General Manager of Infrastructure Services.
Signed By
Report Prepared By Alex Singbush Senior Planner Digitally Signed Oct 16, 12 Reviewed By Eric Taylor Manager of Development Services Digitally Signed Oct 16, 12 Recommended by the Division Paul Baskcomb Director of Planning Services Digitally Signed Oct 16, 12 Recommended by the Department Bill Lautenbach General Manager of Growth and Development Digitally Signed Oct 17, 12 Recommended by the C.A.O. Doug Nadorozny Chief Administrative Officer Digitally Signed Oct 17, 12
3. Prior to the submission of servicing plans, the owner shall, to the satisfaction of the Director of Planning Services, provide an updated geotechnical report prepared, signed, sealed, and dated by a geotechnical engineer licensed in the Province of Ontario. Said report shall, as a minimum, provide factual information on the soils and groundwater conditions within the proposed development. Also, the report should include design information and recommend construction procedures for any proposed storm and sanitary sewers, stormwater management facilities, watermains, roads to a 20 year design life, the mass filling of land, surface drainage works, erosion control, slope stability, slope treatment and building foundations. Included in this report must be details regarding the removal of substandard soils (if any) and placement of engineered fill (if required) for the construction of homes. Also, the report must include an analysis illustrating how the groundwater table will be lowered to a level that will not cause problems to adjacent boundary housing and will, in conjunction with the subdivision grading plan, show that basements of new homes will not require extensive foundation drainage pumping.
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The geotechnical information on building foundations shall be to the satisfaction of the Chief Building Official and Director of Planning Services. 4. All streets will be constructed to an urban standard, including the required curbs and gutters. 5. The owner shall provide a detailed lot grading plan prepared, signed, sealed, and dated by a professional civil engineer with a valid certificate of authorization for the proposed lots as part of the submission of servicing plans. This plan must show finished grades around new houses, retaining walls, side yards, swales, slopes and lot corners. The plan must show sufficient grades on boundary properties to mesh the lot grading of the new site to existing properties and show the stormwater overland flow path. 6. The owner agrees to provide the required soils report, water, sanitary sewer and lot grading master planning reports and plans to the Director of Planning Services prior to the submission of servicing plans for any phase of the subdivision. 7. The owner shall develop a siltation control plan for the subdivision construction period to the satisfaction of the Director of Planning Services, Nickel District Conservation Authority and Fisheries and Oceans Canada. 8. Any streetlights required for this subdivision will be designed and constructed by Greater Sudbury Hydro Plus Inc. at the cost of the owner. 9. As part of the submission of servicing plans, the owner shall have rear yard slope treatments designed by a geotechnical engineer licensed in the Province of Ontario incorporated into the lot grading plans if noted as required at locations required by the Director of Planning Services. Suitable provisions shall be incorporated into the Development Agreement to ensure that the treatment is undertaken to the satisfaction of the Director of Planning Services. 10. The owner shall provide a utilities servicing plan showing the location of all utilities including City services, Greater Sudbury Hydro Plus or Hydro One, Bell, Union Gas, Canada Post and Persona. This plan must be to the satisfaction of the Director of Planning Services and must be provided prior to construction for any individual phase. 11. The owner shall provide proof of sufficient fire flow in conjunction with the submission of construction drawings for each phase of construction. All costs associated with upgrading the existing distribution system to service this subdivision will be bourne totally by the owner. 12. The owner shall provide proof of sufficient sanitary sewer capacity in conjunction with the submission of construction drawings for each phase of construction. All costs associated with upgrading the existing collection system and/or sewage lift stations to service this subdivision will be bourne totally by the owner. Any and all development charges associated with the sanitary sewer flow directed to the Levesque Lift Station must be paid at the time of the owner entering into the development agreement for the development of the effected lots. 13. The subject phase to be developed will be required to provide a cash contribution in lieu of onsite stormwater management controls and will be required to contribute towards downstream stormwater conveyance and stormwater management control improvements to be completed by the City. 14. The owner is required to construct a stormwater system to inlet stormwater from the rear of the current phase of the development to the existing storm sewer on Dorsett Drive. 15. The property shall require a development agreement and during that process, based on anticipated quantities of removal of rock through blasting, the following conditions will be imposed: a. The developer will be required to provide a geotechnical report on how the work related to blasting shall
be undertaken safely to protect adjoining structures and other infrastructure. The geotechnical report shall be undertaken by a blasting consultant defined as a professional engineer licensed in the Province of Ontario with a minimum of five (5) years experience related to blasting. b. The blasting consultant shall be retained by the developer and shall be independent of the contractor and any subcontractor doing blasting work. The blasting consultant shall be required to complete specified monitoring recommended in his report of vibration levels and provide a report detailing those recorded vibration levels. Copies of the recorded ground vibration documents shall be provided to the contractor and contract administration weekly or upon request for this specific project. c. The geotechnical report will provide recommendations and specifications on the following activity as a minimum but not limited to: - Pre-blast survey of surface structures and infrastructure within affected area - Trial blast activities - Procedures during blasting - Procedures for addressing blasting damage complaints - Blast notification mechanism to adjoining residences - Structural stability of exposed rock faces d. The above report shall be submitted for review to the satisfaction of the Chief Building Official prior to the commencement of any removal of rock by blasting. e. Should the developers schedule require to commence blasting and rock removal prior to the development agreement having been signed, a site alteration permit shall be required under the City of Greater Sudburys By-law #2009-170 and shall require a similar geotechnical report as a minimum prior to its issuance.
STAFF REPORT
Applicant:
Zulich Enterprises Limited
Location:
Subdivision M-1003, Lots 25 to 32, 45 to 69, and 74 to 106, 110 to 130, and Lot 133, Concession 3, Township of Neelon, Sudbury
Proposal:
The applicant has requested, in correspondence attached, to have the deeming by-law rescinded in order to allow the development of the remainder of the Scenic View Subdivision in three phases. The first phase would include lots numbered 110 - 130; the second phase would include lots numbered 74 to 106 and Lot 133; and the last phase would include lots 25 to 32 and 45 to 69. The applicant will be required to install all required roadways and municipal services to current city standards.
Background
Section 20.4.4 of the Official Plan indicates that: Council may deem registered Plans of Subdivision or significant portions thereof not to be registered
in situations where the conditions of the subdivision agreement have not been met within eight years of registration. The Official Plan language is similar to Subsection 4 of Section 50 of the Planning Act which states that: The council of a local municipality may by by-law designate any plan of subdivision, or part thereof, that has been registered for eight years or more, which shall be deemed not to be a registered plan of subdivision for the purposes of subsection (3). R.S.O. 1990, c. P.13, s. 50 (4). A by-law deeming a plan of subdivision not to be a plan of subdivision only affects the conveyance of the lots and does not void or expunge the plan of subdivision. In accordance with Section 11.11 of the Regional Official Plan, the Region had a policy that it would deem all plans of subdivision, or significant portions thereof, which had been registered for eight years but not developed. In 1991 Planning Committee deemed a number of subdivisions, for a variety of reasons, with a goal being that new subdivision agreements would be registered against the lands. By-law 91-18 enacted by the Regional Municipality of Sudbury on January 30, 1991 deemed certain parts of the Scenic View subdivision not registered for the purposes of Section 50(3) of the Planning Act. The report to the Planning Committee of the Regional Municipality of Sudbury dated January 17, 1991, which deemed a number of subdivisions, indicates the following with respect to the Scenic View Subdivision: M-1003 Scenic View Subdivision - Registered February 18th, 1975, City of Sudbury. Phase I of this subdivision has been developed. The balance of the subdivision (Lots 25 to 32, 45 to 69, 74 to 106, 110 to 130 and 133) is under the name of Sudvenco Corporation Limited. They were in contact with the Engineering Department in 1989 about developing the next phase of this subdivision, but nothing has been heard since. No property has been transferred out of this subdivision since 1979. There are charges on title and a Ministry of Revenue Notice of Lien on title to the property. Staff also understands that, at the time the by-law was enacted, there were concerns with the capacity of the Levesque St. sanitary sewer lift pump. The Levesque Street lift station has since been upgraded and capacity is no longer an issue for sanitary flow. The subdivision is currently zoned with mix of "R2-2", Low Density Residential Two, lots 110 to 130 (the applicants proposed first phase), and "R1-5", Low Density Residential One, lots 25 to 32, 45 to 69, and 74 to 106, and Lot 133 (the applicants subsequent phases). All of the lots meet the minimum area, frontage and depth standards for their respective zones in accordance with By-law 2010-100Z, the City of Greater Sudbury Zoning By-law. A Traffic Impact study dated October 2012 was prepared by Tranplan in support of the owners request to rescind the deeming by-law. Roads and Transportation Services comments on the impact study are provided later in this report. Development Engineering has advised that servicing, grading, and related improvements will be required and shall be designed to the Citys current engineering standards and requirements.
and Dorsett Drive to the east. Additionally, 150 mm diameter water main is available at Covington Crescent and Cambridge Crescent. A fire flow analysis indicates that the subdivision lands meet the minimum standard of 75 litres per second and the required maximum hour and maximum day pressures based on the existing system. There is currently a sanitary sewer collection system to the subject property. A 200 mm diameter sanitary sewer exists at Birmingham Drive and Dorsett Drive to the west and a 200 mm diameter sanitary sewer exists at Nottingham Avenue and Dorsett Drive to the east. Additionally, 200 mm diameter sanitary sewer is available at Covington Crescent. Lots along Birmingham Drive will contribute sanitary sewage flow to the gravity sanitary sewer system on Bancroft Drive flowing westerly to a Drop Shaft to the Rock Sewer Tunnel at MH 11-256 on Mildred Street. Properties on Covington Crescent, Cambridge Crescent and the remainder of Nottingham Avenue will contribute sanitary sewage flow to the sanitary sewer system on Bancroft Drive flowing easterly to the Levesque Lift Station. The Levesque Lift Station pumps to the gravity system on Bancroft Drive directly north of Dorsett Drive. There is a development charge associated with all sanitary sewer flow directed to the Levesque Lift Station. This charge must be paid at the time of the owner entering into the development agreement for the development of any lots that outlet in this manner. The Development Engineering Section will require an updated comprehensive geotechnical report. Included in this report must be a detailed review of soils type including details regarding the removal of substandard soils and placement of engineered fill for the construction of homes. Also, the report must include an analysis illustrating how the groundwater table will be lowered to a level that will not cause problems to adjacent boundary housing and will, in conjunction with the subdivision grading plan, show that basements of new homes will not require extensive foundation drainage pumping. Detailed information regarding the installation of pipework within any substandard soils limits will also be a requirement of this report. The geotechnical report and comments on infrastructure construction for this subdivision must be submitted in conjunction with or prior to the submission of engineering drawings. The City requires that all new streets be constructed including curbs, gutters, storm sewers and new asphalt binder and surface courses. Sight triangles to City standards are to be provided at all corner lots. The subject area is located in the Ramsey Watershed. The Citys Drainage Engineer provides the following comments with regards to stormwater: 1) The subject phase to be developed will be required to provide a cash contribution in lieu of onsite stormwater management controls and will be required to contribute towards downstream stormwater conveyance and stormwater management control improvements to be completed by the City. 2) The major storm overland flow path is to be engineered and clearly identified to an acceptable outlet. 3) The owner is required to construct a stormwater system to inlet stormwater from the rear of the current phase of the development to the existing storm sewer on Dorsett Drive. The following conditions apply with respect to lifting the deeming by-law: 1) Prior to the submission of servicing plans, the owner shall, to the satisfaction of the Director of Planning Services, provide an updated geotechnical report prepared, signed, sealed, and dated by a geotechnical engineer licensed in the Province of Ontario. Said report shall, as a minimum, provide factual information on the soils and groundwater conditions within the proposed development. Also, the report should include design information and recommend construction procedures for any proposed storm and sanitary sewers, stormwater management facilities, watermains, roads to a 20 year design life, the mass filling of land, surface drainage works, erosion control, slope stability, slope treatment and building foundations. Included in this report must be details regarding the removal of substandard soils (if any) and placement of engineered fill (if required) for the construction of homes. Also, the report must include an analysis illustrating how the groundwater table will be lowered to a level that will
illustrating how the groundwater table will be lowered to a level that will not cause problems to adjacent boundary housing and will, in conjunction with the subdivision grading plan, show that basements of new homes will not require extensive foundation drainage pumping. The geotechnical information on building foundations shall be to the satisfaction of the Chief Building Official and Director of Planning Services. 2) All streets will be constructed to an urban standard, including the required curbs and gutters. 3) The owner shall provide a detailed lot grading plan prepared, signed, sealed, and dated by a professional civil engineer with a valid certificate of authorization for the proposed lots as part of the submission of servicing plans. This plan must show finished grades around new houses, retaining walls, sideyards, swales, slopes and lot corners. The plan must show sufficient grades on boundary properties to mesh the lot grading of the new site to existing properties and show the stormwater overland flow path. 4) The owner agrees to provide the required soils report, water, sanitary sewer and lot grading master planning reports and plans to the Director of Planning Services prior to the submission of servicing plans for any phase of the subdivision. 5) The owner shall develop a siltation control plan for the subdivision construction period to the satisfaction of the Director of Planning Services, Nickel District Conservation Authority and Fisheries and Oceans Canada. 6) Any streetlights required for this subdivision will be designed and constructed by Greater Sudbury Hydro Plus Inc. at the cost of the owner. 7) As part of the submission of servicing plans, the owner shall have rear yard slope treatments designed by a geotechnical engineer licensed in the Province of Ontario incorporated into the lot grading plans if noted as required at locations required by the Director of Planning Services. Suitable provisions shall be incorporated into the Development Agreement to ensure that the treatment is undertaken to the satisfaction of the Director of Planning Services. 8) The owner shall provide a utilities servicing plan showing the location of all utilities including City services, Greater Sudbury Hydro Plus or Hydro One, Bell, Union Gas, Canada Post and Persona. This plan must be to the satisfaction of the Director of Planning Services and must be provided prior to construction for any individual phase. 9) The owner shall provide proof of sufficient fire flow in conjunction with the submission of construction drawings for each phase of construction. All costs associated with upgrading the existing distribution system to service this subdivision will be bourne totally by the owner. 10) The owner shall provide proof of sufficient sanitary sewer capacity in conjunction with the submission of construction drawings for each phase of construction. All costs associated with upgrading the existing collection system and/or sewage lift stations to service this subdivision will be bourne totally by the owner. Any and all development charges associated with the sanitary sewer flow directed to the Levesque Lift Station must be paid at the time of the owner entering into the development agreement for the development of the effected lots. 11) The subject phase to be developed will be required to provide a cash contribution in lieu of onsite stormwater management controls and will be required to contribute towards downstream stormwater conveyance and stormwater management control improvements to be completed by the City. 12) The owner is required to construct a stormwater system to inlet stormwater from the rear of the current phase of the development to the existing storm sewer on Dorsett Drive. Roads and Transportation Services
Roads and Transportation We have completed our review of the October 2012 Tranplan traffic impact study and agree with the recommendation that no mitigation measures or road improvements are required to support the proposed development. As a condition of approval, we do recommend that the owner be responsible to construct a sidewalk on the existing section of Birmingham Drive between Dorsett Drive and Bancroft Drive. Operations No concerns. Building Services 1. The property shall require a development agreement and during that process, based on anticipated quantities of removal of rock through blasting, the following conditions will be imposed: a. The developer will be required to provide a geotechnical report on how the work related to blasting shall be undertaken safely to protect adjoining structures and other infrastructure. The geotechnical report shall be undertaken by a blasting consultant defined as a professional engineer licensed in the Province of Ontario with a minimum of five (5) years experience related to blasting. b. The blasting consultant shall be retained by the developer and shall be independent of the contractor and any subcontractor doing blasting work. The blasting consultant shall be required to complete specified monitoring recommended in his report of vibration levels and provide a report detailing those recorded vibration levels. Copies of the recorded ground vibration documents shall be provided to the contractor and contract administration weekly or upon request for this specific project. c. The geotechnical report will provide recommendations and specifications on the following activity as a minimum but not limited to: - Pre-blast survey of surface structures and infrastructure within affected area - Trial blast activities - Procedures during blasting - Procedures for addressing blasting damage complaints - Blast notification mechanism to adjoining residences - Structural stability of exposed rock faces d. The above report shall be submitted for review to the satisfaction of the Chief Building Official prior to the commencement of any removal of rock by blasting. e. Should the developers schedule require to commence blasting and rock removal prior to the development agreement having been signed, a site alteration permit shall be required under the City of Greater Sudburys By-law #2009-170 and shall require a similar geotechnical report as a minimum prior to its issuance.
Summary
The applicant has requested to have the deeming by-law rescinded in order to allow the development of the remainder of the Scenic View Subdivision. The deeming by-law may be rescinded in whole or in part as development agreements are executed ensuring the provision of required infrastructure to support the development. Staff recommends that authorization be granted to rescind the deeming by law subject to the execution of development agreement(s) with the City of Greater Sudbury, addressing the provision of
execution of development agreement(s) with the City of Greater Sudbury, addressing the provision of infrastructure and other improvements, to the satisfaction of the General Manager of Growth and Development along with specific reports and plans required in order to permit the construction of services and the development of the lots.
356 R1-5 R 22
351 345
R2-2 R1-5
2380 31 31 25 25
26 32 26
RT H
2333
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71
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30 38
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26
BIRMIN
R2-2
R 15
R1-5
122
R1-5
R1-5
2707 2701 2715 2725 2701 2769 2729 2725 2715 2727 2729 2731
NOT
R2-2
R1-5
R1-5
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Ramsey Lake
NAVA
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RT H
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TT DORSE
NAVA
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ECLIPSE
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MOONLIGHT RIDGEMOUNT
LEV ES QU E
BANCROFT RITA
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WAY KINGS
Subject Property being PINs 73576-0122, 73576-0124, 73576-0171 to 73576-0173, Part of PIN 73576-0174, 73576-0179 to 73576-0183, Parcel 39147, Lot 10, Concession 3, Township of Neelon, Dorsett Drive, Sudbury, City of Greater Sudbury
FO U
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Sketch 1 NTS
Date: 2012 10 15
R3
39
TIN GH
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R1-5
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38
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78
84 66 70
P
82
-2
ON ST LI AL
62
TT
61
165
R1-5 R2-2
2590 2590 2600 2600 2610 2610 2614 2618 2622 26182622 2654 26142618 2650 2654
R1-5
82
2451 2461
25
29
R2-2
2526
2532
2538
2550 2550
R1-5
40 2722 2722 2722 2722 40
2538
2672 2680 2680 2690 2672 2690 2680 2696 2690 2696
Monday, Oct 29, 2012 Tuesday, Oct 16, 2012 Correspondence for Information Only
Recommendation
For the information of Planning Committee
Signed By
Background
The Province of Ontario recently released a draft of a revised Provincial Policy Statement (PPS) and is seeking comments from various stakeholders. The PPS is issued under the Planning Act and is the statement of the Provinces policies concerning land use planning. The PPS provides policy direction for the entire province on matters of provincial interest in land use planning and development. Implementation of the PPS is set out through the Planning Act, which requires that decisions on land use planning matters made by municipalities, the Province, the Ontario Municipal Board and other decision-makers shall be consistent with the PPS. Municipalities are the prime implementers of the PPS through policies in their municipal official plans and through decisions on other planning matters.
Report Prepared By Kris Longston Senior Planner Digitally Signed Oct 16, 12 Reviewed By Mark Simeoni Manager of Community and Strategic Planning Digitally Signed Oct 16, 12 Recommended by the Division Paul Baskcomb Director of Planning Services Digitally Signed Oct 17, 12 Recommended by the Department Bill Lautenbach General Manager of Growth and Development Digitally Signed Oct 17, 12 Recommended by the C.A.O. Doug Nadorozny Chief Administrative Officer Digitally Signed Oct 17, 12
The Planning Act requires that the PPS be reviewed every five years to determine whether revisions are needed. The five-year review of the PPS commenced in March 1, 2010 and since then the Province has conducted numerous consultations across Ontario with members of the public, municipalities, Aboriginal communities and organizations, and stakeholders.
The City of Greater Sudbury Official Plan is also undergoing its required five year review and since it must be consistent with the PPS, any changes to the PPS will have to be reflected in the Citys Official Plan. At this point there is no firm deadline as to when the new PPS will come into effect.
Purpose
The purpose of this report is to provide Planning Committee with a general overview of the proposed
The purpose of this report is to provide Planning Committee with a general overview of the proposed changes to the PPS, focusing on any that may have an impact on land use planning practices in Greater Sudbury and to discuss the next steps with respect to providing comments to the Province on the draft PPS. Attached to the Report is a copy of the draft PPS.
Clarifying that planning for infrastructure can go beyond the 20 year time horizon Supporting long-term planning for employment areas Supporting the adaptive re-use of infrastructure Requiring consideration of the life-cycle cost of infrastructure Permitting additional uses on farms and providing flexibility for agricultural-related uses Requiring agricultural areas to be designated in municipal official plans and impacts of non-farm development surrounding agricultural operations to be mitigated Protecting the Environment and Resources by: Requiring identification of shoreline areas Requiring the identification of natural heritage systems in southern Ontario Refining the area of protection for significant woodlands and valleylands in southern Ontario Promoting the conservation of cultural heritage and archaeological resources
Conclusion
As with the current PPS, the draft PPS is divided into different sections which focus on different aspects of land use planning in Ontario. These sections are Building Strong Communities, Wise Use and Management of Resources, Protecting Public Health and Safety, Implementation and Interpretation, and finally Definitions. There are numerous changes proposed to the PPS from the current 2005 version. Some of these changes are relatively minor clarification items, while others may have more of an impact on the City. Attached to this report is a copy of the draft PPS that was released by the Province. In order to better understand the proposed changes to the PPS and the potential impact they might have on land use planning in Greater Sudbury, Staff will be attending an upcoming PPS information session being put on by the Ministry of Municipal Affairs and Housing and will also be discussing the proposed changes with planning staff from other northern municipalities. After obtaining this additional information, staff will report back to Planning Committee with the findings and a series of comments on the Draft PPS in time to meet the November 23rd deadline set by the Province.