ii. That the driveway access from Desloges Road be controlled with a gate and access only be used for maintenance and emergency purposes; and,

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1 Presented To: Planning Committee Request for Decision Melissa Cotesta - Application for rezoning in order to permit a contractor s yard and warehouse, Pioneer Road, Sudbury Presented: Monday, Jun 27, 2016 Report Date Wednesday, Jun 08, 2016 Type: Public Hearings File Number: 751-6/16-4 Resolution THAT the City of Greater Sudbury approves the application by Melissa Cotesta to amend Zoning By-law Z to change the zoning classification from "M1(23)", Mixed Light Industrial/Service Commercial Special to an amended "M1(23)", Mixed Light Industrial/Service Commercial Special in order to permit a contractor s yard and warehouse on a portion of the subject lands described as PIN , Part of Parcel 31173, Parts 13-15, Plan 53R-20166, Lot 11, Concession 6, Township of Dill, subject to the following conditions: A) THAT prior to the enactment of the amending by-law the owner shall submit to the Planning Services Division a registered survey of the lands to be rezoned in order to allow the preparation of the amending zoning by-law; B) THAT prior to the enactment of the amending by-law the owner shall have entered into a site plan agreement with the City to be registered on title to the satisfaction of the Director of Planning Services; and, C) THAT the amending zoning by-law contain the following site-specific provisions: Signed By Report Prepared By Glen Ferguson Senior Planner Digitally Signed Jun 8, 16 Reviewed By Eric Taylor Manager of Development Approvals Digitally Signed Jun 9, 16 Recommended by the Division Jason Ferrigan Director of Planning Services Digitally Signed Jun 8, 16 Recommended by the Department Tony Cecutti General Manager of Infrastructure Services Digitally Signed Jun 9, 16 Recommended by the C.A.O. Ed Archer Chief Administrative Officer Digitally Signed Jun 15, 16 i. That the permitted uses on the lands be limited to only a contractor s yard and a warehouse; ii. That the driveway access from Desloges Road be controlled with a gate and access only be used for maintenance and emergency purposes; and, iii. That the lands are designated as an area of site plan control, pursuant to Section 41 of the Planning Act. STAFF REPORT Applicant:

2 Melissa Cotesta Location: PIN , Part of Parcel 31173, Parts 13-15, Plan 53R-20166, Lot 11, Concession 6, Township of Dill (Pioneer Road, Sudbury) Application: To amend By-law Z being the Zoning By-law for the City of Greater Sudbury by changing the zoning classification on a portion of the subject lands from "M1(23)", Mixed Light Industrial/Service Commercial Special to an amended "M1(23)", Mixed Light Industrial/Service Commercial Special. Proposal: The application is intended to permit a contractor s yard and warehouse on the subject lands. Official Plan Conformity: The subject lands are designated General Industrial in the Official Plan for the City of Greater Sudbury. Permitted uses in this designation may include manufacturing, fabricating, processing and assembling of industrial consumer products, repair, packaging and storage of goods and materials and related industrial activities. Complementary uses, such as administrative offices, which do not detract from and which are compatible with the operation of industrial uses are also permitted. General industrial uses must have minimal environmental impacts. Any use which may impact surrounding areas and cause nuisance will be appropriately buffered and screened. Where development occurs in areas that are not fully serviced, only dry industries which generate less than 4,500 litres of wastewater a day may be permitted. The lands are also located within the vicinity and at the eastern edge of the non-urban settlement known as Richard-McFarlane Lake Flats. Non-urban settlements encompass less intensive land uses and are primarily residential in nature. While urbanized uses may exist in these areas they are primarily rural in nature with few services available. There is no intention to expand services to these areas. Pioneer Road and Desloges Road are both classified as local roads on Schedule 6 Transportation Network of the Official Plan. The application conforms to the Official Plan for the City of Greater Sudbury subject to a review of the above noted land use planning considerations. Site Description & Surrounding Land Uses: The subject lands are located to the west of Richard Lake and form a through lot between Desloges Road to the north and Pioneer Road to the south in the community of Richard-McFarlane Lake Flats. The portion of the lands to be rezoned have a total lot area of approximately 0.96 ha (2.37 acres) and have approximately 35 m ( ft) of frontage on Desloges Road and 69 m ( ft) on Pioneer Road respectively. The lands contain an existing building on the middle portions of the lands to be rezoned and the submitted sketch depicts a private septic system at the north end of the property and a new proposed 600 m2 (6, ft2) building to be constructed at the south end facing Pioneer Road. Surrounding uses are mixed with single-detached residential dwellings being the predominant built-form along Desloges Road and Pioneer Road. There is also cluster of existing light industrial/service commercial uses located to the immediate west of the lands along Pioneer Road. Larger rural parcels exist along the north side of Desloges Road with a mix of single-detached dwellings and vacant properties. Departmental & Agency Comments:

3 Building Services No concerns. Please note that as part of the building permit application, a property survey will be required to delineate the extent of the special zoning. Development Engineering No concerns. This site is not serviced with municipal water or sanitary sewer. Drainage No concerns. Nickel District Conservation Authority No concerns. However, we wish to advise that there is a portion of the property located in a designated floodplain. We would suggest that the applicant proceed through site plan control in order to protect this floodplain area. The proposed development may require a direct Section 28 application to the NDCA. The developer must advise how this area will be developed for parking. If fill is to be placed, calculations of the amount of fill required must be provided, as well as where compensation for the floodplain will be made (cut and fill operation). Operations No concerns. Roads, Traffic & Transportation While the applicant has changed the proposed use of the site from a transport terminal to a contractor s yard and warehouse, many of our previously stated concerns remain. The drawing shows primary access to the site occurring from Pioneer Road with an additional access being maintained from Desloges Road. With the access to Desloges Road, heavy vehicles may still travel through the residential portion of this road and access the site as shown on the originally submitted drawing. Desloges Road is a local rural road which is not designated as a truck route. All heavy truck traffic should be discourage from using this road. In addition, as part of the route planning for Highway 69, the Ministry of Transportation for Ontario (MTO) has indicated that Pioneer Road will be disconnected from Highway 69 and instead be directed west through the residential portion of Pioneer Road and south onto South Lane Road where a new interchange will be constructed. Public Consultation: The statutory notice of the public hearing was provided by newspaper along with a courtesy mail out to property owners and tenants within a minimum of 120 metres of the property. The notice was also expanded by staff through consultation with the local councilor to include any property having direct public road frontage onto Desloges Road, Pioneer Road or South Lane Road to the west of the lands out toward Highway 69. The owner was advised of the City s policy recommending that applicants consult with their neighbours, ward councillor and key stakeholders to inform area residents on the application prior to the public hearing. It is understood from the agent for the owner that a resident s meeting was held on the evening of June 6, 2016 at 1942 Regent Street in Sudbury. At the time of writing this report, several phone calls were received from residents and written submissions, including a petition from local residents, have been received by the Planning Services Division.

4 Planning Considerations: Provincial Policy Statement 2014 Municipalities in the Province of Ontario are required under Section 3 of the Planning Act to ensure that decisions affecting planning matters are consistent with the Provincial Policy Statement (PPS). The proposed rezoning is consistent with the PPS for the following reasons: Official Plan a) Municipalities are required to plan for, protect and preserve employment areas for employment-based land uses including the necessary infrastructure required to meet needs. Staff notes the lands are designated for general industrial use and that a contractor s yard and warehouse would contribute positively to the employment land uses located in this part of the City; and, b) Municipalities are required to protect employment areas in proximity to major goods movement facilities and corridors for employment uses. Staff notes the lands are in close proximity to Highway 69 and Highway 17. Staff would further note that major improvements are proposed for the Highway 69 corridor which is located directly to the south of the subject lands. Staff notes that the lands are situated in the Richard-McFarlane Lake Flats as identified in Section of the Official Plan. The contractor s yard and warehouse are not considered to be intensive or heavy industrial uses that would be overly disruptive to the area. While the area is primarily residential in nature staff does acknowledge that there are several general industrial operations in the area which utilize Pioneer Road to gain access to Highway 69. Staff is therefore supportive of the land uses being proposed. Section of the Official Plan comprises policies to be reviewed when considering application to rezone lands within the General Industrial land use designation. Staff has reviewed the General Industrial policies and has the following comments: a) The proposed contractor s yard and warehouse are considered to be permitted land uses within the General Industrial designation; b) There are nearby residential and institutional land uses along both Pioneer Road and Desloges Road which are sensitive to the presence of general industrial uses. There are also several existing general industrial uses established along Pioneer Road. Staff is therefore recommending that site plan control be utilized to appropriately buffer and screen the proposed contractor s yard and warehouse given the residential character that exists along both Pioneer Road and Desloges Road. The use of site plan control in this instance would also allow for the City to ensure that the driveway access to the north onto Desloges Road is only used for maintenance and emergency access purposes; and, c) The contractor s yard and warehouse are considered to be dry industries and should generate less than 4,500 litres of wastewater. Staff also understands that the owner has obtained a sewage system permit from the Sudbury District Health Unit. A copy of the permit has been provided to the City. Table 1 under Section of the Official Plan addresses road classifications. Both Pioneer Road and Desloges Road are designated as local roads in the Official Plan. The movement of goods along local roads is restricted to those which originate along the local road. In order to limit the movement of traffic originating from the subject lands, Roads, Traffic and Transportation staff have recommended that all heavy truck traffic should be discouraged from using Desloges Road. Ensuring that the Desloges Road driveway access is only accessible for maintenance of the private septic system or for emergency purposes is a matter that can be resolved through the site planning process. The design of this entrance in this manner would also positively contribute to the appropriate buffering and screening of the use from abutting residential properties on Desloges Road.

5 Based on a review of the above matters, staff has no objections to the application to rezone the lands from "M1(23)", Mixed Light Industrial/Service Commercial Special to an amended "M1(23)", Mixed Light Industrial/Service Commercial Special in order to permit a contractor s yard and warehouse on a portion of the subject lands. Zoning By-law Staff is recommending that the proposed contractor s yard and warehouse land uses be the only permitted uses within the amended M1(23) Zone. The amending by-law would remove a building supply and lumber outlet as permitted uses in favour of a contractor s yard and warehouse. Staff is also recommending that the amending by-law ensure that the driveway access from Desloges Road be controlled with a gate and only used for maintenance and emergency purposes. Staff would address this matter in greater detail through the site planning process. Staff has reviewed the submitted sketch and there appears to be no further site-specific relief required. Staff notes however that minor variances may be required and dealt with accordingly as the site planning process proceeds should the design and layout of the site change. Site Plan Control Staff is recommending that site plan control be applied to the lands in order to ensure proper buffering and screening is provided considering the close proximity of residential and institutional land uses to the proposed contractor s yard and warehouse. Staff would also note that several other industrial uses in the area along Pioneer Road have also been subject to site plan control, including the truck repair operation that is immediately to the west of subject lands. The use of the driveway access onto Desloges Road will also be addressed through the site planning process. Summary Staff has reviewed the development proposal and is satisfied that it generally conforms to the Official Plan for the City of Greater Sudbury, as well as the PPS. Staff is recommending that site plan control be applicable to the development of these lands in order to ensure that the Desloges Road driveway access is only to be used for maintenance and emergency purposes and that the lands are developed in a manner which appropriately buffers the industrial use of the lands from nearby residential properties. Site plan control will also enable staff to appropriately address NDCA concerns with respect to the floodplain. The Planning Services Division therefore recommends that the application to amend By-law Z being the City of Greater Sudbury Zoning By-law in order to permit a contractor s yard and warehouse be approved subject to the conditions outlined in the recommendation section of this report.

6 South Lane M1(20) Sunset M1(21) RU LOT 12 CON LOT 11 CON R Desloges R M1(23) RU 1630 R H27M1(21) RU 1631 R1-2 M1(24) M1(19) Richard Lake M1(22) LOT 12 CON 5 Pioneer RU LOT 11 CON 5 69 RU RU 4474 Growth and Development Department Ü 17 Philip Laforge 69 Pioneer Desloges Subject Property being part of PIN , part of Pcl 31173, Parts 13, 14, 15, Plan 53R-20166, Lot 11, Con 6, Twp. of Dill, Pioneer Road, Sudbury, City of Greater Sudbury Henri Potvin NTS Sketch /16-4 Date:

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8 PHOTO 1 SUBJECT LANDS AS VIEWED FROM PIONEER ROAD LOOKING NORTH TOWARD DESLOGES ROAD PHOTO 2 SUBJECT LANDS AS VIEWED FROM DESLOGES ROAD LOOKING SOUTH TOWARD PIONEER ROAD 751-6/16-4 PHOTOGRAPHY MARCH 17, 2016

9 PHOTO 3 EXISTING INDUSTRIAL USE TO THE IMMEDIATE WEST OF THE SUBJECT LANDS PHOTO 4 EXISTING INDUSTRIAL USE TO THE SOUTHWEST OF THE SUBJECT LANDS 751-6/16-4 PHOTOGRAPHY MARCH 17, 2016

10 PHOTO 5 EXISTING SINGLE DETACHED DWELLING TO THE IMMEDIATE SOUTH OF THE SUBJECT LANDS PHOTO 6 EXISTING SINGLE DETACHED DWELLING FRONTING DESLOGES ROAD TO THE IMMEDIATE NORTH OF THE SUBJECT LANDS 751-6/16-4 PHOTOGRAPHY MARCH 17, 2016

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