Agenda. Ordre du jour. Planning Committee meeting to be held. at 5:30 pm. Comité de la planification qui aura lieu. à 17h 30

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1 Vision: The City of Greater Sudbury is a growing, world-class community bringing talent, technology and a great northern lifestyle together. Vision: La Ville du Grand Sudbury est une communauté croissante de calibre international qui rassemble les talents, les technologies et le style de vie exceptionnel du Nord. Agenda Planning Committee meeting to be held Tuesday, November 15th, 2011 at 5:30 pm Council Chamber, Tom Davies Square Ordre du jour réunion du Comité de la planification qui aura lieu mardi 15e novembre 2011 à 17h 30 dans la Salle du conseil, Place Tom Davies

2 PLANNING COMMITTEE AGENDA For the 19th Planning Committee Meeting to be held on Tuesday, November 15, 2011 Council Chamber, Tom Davies Square at 5:30 pm COUNCILLOR DAVE KILGOUR, CHAIR André Rivest, Vice-Chair 4:15 P.M. Planning Committee "Closed Meeting" COMMITTEE ROOM C-11 To deal with: Four Acquisition/Disposition of Land Matters: Lease of Property - Lorne Street, Sudbury; Sale of Land - St. Jean Street, Azilda; Sale of Land - Wellington Heights, Sudbury; and Gift of Land - Eyre Street, Sudbury 5:30 P.M. Regular Planning Committee Meeting COUNCIL CHAMBER, TOM DAVIES SQUARE (PLEASE ENSURE CELL PHONES AND PAGERS ARE TURNED OFF) The Council Chamber of Tom Davies Square is accessible to persons with disabilities. Please speak to the City Clerk prior to the meeting if you require a hearing amplification device. Persons requiring assistance are requested to contact the City Clerks Office at least 24 hours in advance of the meeting if special arrangements are required. Please call (705) , extension Telecommunications Device for the Deaf (TTY) (705) Copies of Agendas can be viewed at DECLARATIONS OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF MATTERS ARISING FROM THE "CLOSED MEETING" At this point in the meeting, the Chair of the Closed Meeting, Councillor Rivest, will rise and report the results of the Closed Meeting". The Committee will then consider any recommendations. PLANNING COMMITTEE (19 th ) ( ) - 1 -

3 PUBLIC HEARINGS 1. Report dated October 31, 2011 from the General Manager of Growth & Development regarding Application for temporary use by-law in order to permit a garden suite for a maximum period of ten (10) years, 2155 Dominion Drive, Hanmer - Michel & Michelle Labelle. (RECOMMENDATION PREPARED) Report dated October 31, 2011 from the General Manager of Growth & Development regarding Application for rezoning in order to eliminate a split-zoning, 883 Dew Drop Road, Sudbury - Pentti Kivinen. (RECOMMENDATION PREPARED) Report dated October 31, 2011 from the General Manager of Growth & Development regarding Application for rezoning in order to permit an additional three semi-detached dwelling lots within the existing draft approved plan of subdivision, Applewood Court, Garson - Dalron Construction Ltd. (RECOMMENDATION PREPARED) Report dated October 31, 2011 from the General Manager of Growth & Development regarding Application for rezoning in order to permit a personal service shop (day spa) and one (1) dwelling unit, 1303 Regent Street, Sudbury - Taryn E. Gadde. (RECOMMENDATION PREPARED) 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 meeting.) MINUTES ROUTINE MANAGEMENT REPORTS PLANNING COMMITTEE (19 th ) ( ) - 2 -

4 C-1. Report dated October 31, 2011 from the General Manager of Growth and Development regarding Declaration of Surplus Land, Ronald Avenue, Sudbury. (RECOMMENDATION PREPARED) (The report recommends that vacant land north of Ronald Avenue, Sudbury, be declared surplus to the City's needs and offered for sale to the abutting owner of 31 Dean Avenue, Sudbury, pursuant to the procedures governing the sale of limited marketability surplus land as outlined in Property By-law ) C-2. Report dated October 31, 2011 from the General Manager of Growth and Development regarding Surplus School Board Properties - St. Christopher School, 2843 CKSO Road, Sudbury and St. Michael School, 41 Samson Street, Sudbury. (RECOMMENDATION PREPARED) (The report recommends that the Sudbury Catholic District School Board be advised that the City of Greater Sudbury is not interested in purchasing St. Christopher School located at 2843 CKSO Road, Sudbury or St. Michael School located at 41 Samson Street, Sudbury.) CORRESPONDENCE FOR INFORMATION ONLY REGULAR AGENDA REFERRED AND DEFERRED MATTERS MANAGERS' REPORTS R-1. Report dated October 31, 2011 from the General Manager of Growth and Development regarding Application to Amend Recommendation # being conditional zoning approval for Capreol Long-Term and Supportive Housing - Coulson Street, Capreol. (RECOMMENDATION PREPARED) :00 P.M. ADJOURNMENT (RECOMMENDATION PREPARED) (Two-thirds majority required to proceed past 10:00 P.M.) LISA OLDRIDGE, Deputy City Clerk LIZ COLLIN, Planning Secretary PLANNING COMMITTEE (19 th ) ( ) - 3 -

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6 COMITÉ DE LA PLANIFICATION ORDRE DU JOUR Pour la 19e réunion du Comité de la planification qui aura lieu le 15 novembre 2011 dans la Salle du conseil, Place Tom Davies, à 17h 30 CONSEILLER DAVE KILGOUR, PRÉSIDENT(E) André Rivest, Vice-président(e) 16H 15 Séance à huis clos du comité de la planification Salle de réunion C-11 Objet : traiter de cinq acquisitions / aliénations de terrains 17H 30 Réunion ordinaire du comité de la planification Salle du Conseil, Place Tom Davies (VEUILLEZ ÉTEINDRE LES TÉLÉPHONES CELLULAIRES ET LES TÉLÉAVERTISSEURS) La salle du Conseil de la Place Tom Davies est accessible pour les personnes handicapées. Si vous désirez obtenir un appareil auditif, veuillez communiquer avec la greffiére municipale, avant la réunion. Les personnes qui prévoient avoir besoin d'aide doivent s'adresser au bureau du greffier municipal au moins 24 heures avant la réunion aux fins de dispositions spéciales. Veuillez composer le , poste 2471; appareils de télécommunications pour les malentendants (ATS) Vous pouvez consulter l'ordre du jour à l'adresse DÉCLARATION D INTÉRÊTS PÉCUNIAIRES ET LEUR NATURE GÉNÉRALES QUESTIONS DÉCOULANT DE LA SÉANCE À HUIS CLOS Le président de la séance à huis clos, le conseiller Rivest, se lève maintenant et en présente les résultats. Le Comité examine ensuite les recommandations. COMITÉ DE LA PLANIFICATION (19 e ) ( ) - 1 -

7 AUDIENCES PUBLIQUES 1. Rapport du directeur général de la croissance et du développement, daté du 31 octobre 2011 portant sur Demande de règlement municipal d utilisation temporaire pour permettre un pavillon-jardin pendant un maximum de 10 ans, 2155, promenade Dominion, Hanmer Michel et Michelle Labelle. (RECOMMANDATION PRÉPARÉE) Rapport du directeur général de la croissance et du développement, daté du 31 octobre 2011 portant sur Demande de rezonage afin d éliminer un zonage multiple, 883, chemin Dew Drop, Sudbury Pentti Kivinen. (RECOMMANDATION PRÉPARÉE) Rapport du directeur général de la croissance et du développement, daté du 31 octobre 2011 portant sur Demande de rezonage afin de permettre trois autres lots pour logements jumelés dans le cadre de la version provisoire approuvée du plan de lotissement existant, cour Applewood, Garson Dalron Construction Ltd. (RECOMMANDATION PRÉPARÉE) Rapport du directeur général de la croissance et du développement, daté du 31 octobre 2011 portant sur Demande de rezonage afin de permettre un établissement de soins personnels (spa de jour) et un logement, 1303, rue Regent, Sudbury Taryn E. Gadde. (RECOMMANDATION PRÉPARÉE) Ordre du jour des résolutions (Par souci de commodité et pou accélérer le déroulement des réunions, les questions d'affaires répétitives ou routinières sont incluses a l ordre du jour des résolutions, et on vote collectivement pour toutes les question de ce genre. A la demande d une conseillère ou d un conseiller, on pourra traiter isolément d une question d affaires de l ordre du jour des résolutions par voie de débat ou par vote séparé. Dans le cas d un vote séparé, la question d affaires isolée est retirée de l ordre du jour des résolutions ; on ne vote collectivement qu au sujet des questions à l ordre du jour des résolutions. Toutes les questions d affaires à l ordre du jour des résolutions sont inscrites séparément au procès-verbal de la réunion) PROCÈS-VERBAL RAPPORTS DE GESTION COURANTS COMITÉ DE LA PLANIFICATION (19 e ) ( ) - 2 -

8 C-1. Rapport du directeur général de la croissance et du développement, daté du 31 octobre 2011 portant sur Déclaration de terrain excédentaire, avenue Ronald, Sudbury. (RECOMMANDATION PRÉPARÉE) (Le rapport recommande que le terrain au nord de l avenue Ronald, à Sudbury, soit déclaré excédentaire par rapport aux besoins de la municipalité et qu on offre au propriétaire du terrain attenant [31, avenue Dean] de l acheter, conformément à la procédure régissant la vente de terrains excédentaires à valeur marchande limitée, indiquée dans le Règlement municipal sur les propriétés ) C-2. Rapport du directeur général de la croissance et du développement, daté du 31 octobre 2011 portant sur Propriétés excédentaires d un conseil scolaire école élémentaire catholique St. Christopher, 2843, chemin CKSO, à Sudbury, et école élémentaire St. Michael, 41, rue Samson, à Sudbury. (RECOMMANDATION PRÉPARÉE) (Le rapport recommande qu'on avise le Sudbury Catholic District School Board que la Ville du Grand Sudbury ne veut pas acheter l école élémentaire St. Christopher située au 2843, chemin CKSO, à Sudbury, ni l école élémentaire St. Michael, au 41, rue Samson, à Sudbury.) CORRESPONDANCE À TITRE D'INFORMATION Ordre du jour ordinaire QUESTIONS RENVOYÉES ET QUESTIONS REPORTÉES RAPPORTS DES GESTIONNAIRES R-1. Rapport du directeur général de la croissance et du développement, daté du 31 octobre 2011 portant sur Demande de modification de la recommandation , soit l approbation de zonage conditionnelle de Capreol Long-Term and Supportive Housing rue Coulson, Capreol. (RECOMMANDATION PRÉPARÉE) LEVÉE DE LA SÉANCE À 22 H (RECOMMENDATION PRÉPARÉE) (Une majorité des deux tiers est requise pour poursuivre la réunion après 22 H.) LISA OLDRIDGE, Greffière municipale adjointe LIZ COLLIN, Secrétaire du Comité de la planification COMITÉ DE LA PLANIFICATION (19 e ) ( ) - 3 -

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10 Request for Decision Application for temporary use by-law in order to permit a garden suite for a maximum period of ten (10) years, 2155 Dominion Drive, Hanmer - Michel & Michelle Labelle Presented To: Planning Committee Presented: Tuesday, Nov 15, 2011 Report Date Monday, Oct 31, 2011 Type: Public Hearings File Number: 751-7/11-9 Recommendation That the application by Michel & Michelle Labelle to amend By-law Z being the City of Greater Sudbury Zoning By-law as it applies to PIN , Parcel S.E.S., Part 1, Plan 53R-9148 in Lot 9, Concession 1, Township of Hanmer in order to permit a garden suite for a maximum temporary period of ten (10) years pursuant to Section 39 of the Planning Act, be approved subject to the following condition: a. That prior to the installation of the garden suite, the owners must obtain a building permit to the satisfaction of the Chief Building Official. STAFF REPORT Applicant: Michel & Michelle Labelle Location: PIN , Parcel S.E.S., Part 1, Plan 53R-9148 in Lot 9, Concession 1, Township of Hanmer (2155 Dominion Drive, Hanmer) Signed By Report Prepared By Mauro Manzon Senior Planner Digitally Signed Oct 31, 11 Reviewed By Eric Taylor Manager of Development Services Digitally Signed Oct 31, 11 Recommended by the Division Paul Baskcomb Director of Planning Services Digitally Signed Oct 31, 11 Recommended by the Department Bill Lautenbach General Manager of Growth and Development Digitally Signed Oct 31, 11 Recommended by the C.A.O. Doug Nadorozny Chief Administrative Officer Digitally Signed Nov 3, 11 Application: Temporary use by-law in order to permit a second dwelling unit (garden suite) for a maximum period of ten (10) years. Proposal: To permit a 124 m2 garden suite accessory to an existing single detached dwelling. The garden suite is intended for a parent of a property owner. Page 10 of 60

11 Official Plan Conformity: Garden suites are permitted in the Agricultural Reserve subject to the following criteria under Sections 3.2 and 6.2: 1. A single garden suite is permitted accessory to an existing dwelling unit; 2. Services shall be connected to the service lines of the host dwelling unit; 3. Garden suites should form a good fit with the prevailing character of the surrounding area; and, 4. An agreement may be required between the applicant and the City addressing such issues as the installation, location, occupancy and removal of the structure. A mobile home may be used as a garden suite in the Agricultural Reserve provided it is built on its own foundation and in accordance with the Ontario Building Code. Conformity with the Official Plan is based on a review of the above noted considerations. Site Description & Surrounding Land Uses: The subject property is located on the south side of Dominion Drive, west of MR 80. The area forms part of the Agricultural Reserve and is not serviced by municipal sewer and water. Dominion Drive is designated as a Collector Road. The subject lot has a total area of 0.81 ha (2 acres), with 61 m (200 ft.) of frontage and a depth of 133 m (426 ft.). The lot is currently occupied by a two-storey, 152 m2 single detached dwelling and a 71 m2 detached garage. A residential /commercial property with site specific zoning abuts to the east (2139 Dominion Drive). The A(7), Agricultural Special zoning permits a commercial garage, a public garage and the repair of recreation vehicles within an existing building (Labelle Bus Lines Ltd.). Vacant agricultural land abuts to the west of the proposed garden suite. A shallow ditch runs along the westerly limit of the property. Rural residential and agricultural uses comprise remaining adjacent uses. Departmental & Agency Comments: Development Engineering Development Engineering has reviewed the above noted application. This site is not presently serviced with municipal water and sanitary sewer. We have no objection to the temporary use of a garden suite on the subject property for a period of ten years. Transportation Engineering No concerns. Neighbourhood 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 written submissions have been received by Planning Services Division.

12 Background: The abutting property to the east was rezoned to permit a bus garage in 1979 (By-law ). The subject lot was created by way of the consent process in 1980 (File B0174/1980). Planning Considerations: The owners are purchasing a garden suite from an adjacent landowner. A photo of the dwelling unit has been provided by the applicants and is attached for review. The built form is a 124 m2 mobile home which resembles a small single detached dwelling. The proposed housing type conforms to the definition of a garden suite in that it is portable, temporary and accessory to the main dwelling. Mobile homes are permitted as garden suites in rural areas. Zoning conformity The sketch submitted by the applicants indicates general conformity with Agricultural zoning provisions, including setbacks and lot coverage. There is sufficient lot area to accommodate the proposed unit. No site specific relief is required. Garden suites are subject to the setback requirements applied to accessory buildings on residential lots. As such, the unit must be a minimum 1.2 metres from the westerly lot line. Although the sketch indicates a 10 metre setback, the owner would like to move the garden suite closer to the westerly lot line so that the unit is not totally obscured by the garage. Planning Services has no objection provided minimum zoning requirements are met and the placement of the building does not impede drainage along the westerly boundary of the property. Servicing Municipal sewer and water services are not available in this area. Dwellings are serviced by private septic systems and wells. In this case, the private subsurface sewage system servicing the host dwelling is situated some distance from the proposed garden suite. The owners are proposing to install a second septic system in order to accommodate the garden suite, which will be sited on the opposite side of the property. Although this entrenches the use somewhat, it has been past practice to extend flexibility towards the provision of garden suites when there are extenuating circumstances. A second septic system is therefore felt to be reasonable provided the owners can obtain the required approvals from the Sudbury & District Health Unit. Conformity with Official Plan policies The proposal is supported based on the following observations: One garden suite is proposed, accessory to an existing single detached dwelling. The dwelling unit will provide housing for a parent. There is sufficient lot area to accommodate the garden suite. The unit will remain subordinate to the main dwelling based on total square footage, consistent with the definition of an accessory use. Conformity with zoning provisions is maintained. The garden suite will be sited some distance from the front lot line and will have a relatively small footprint, Page 12 of 60

13 thereby maintaining the open space character of the area. The unit will be mostly screened by an existing double garage. There is no directly abutting residential use. No land use conflicts are envisioned with this proposal. Summary The initial approval for a garden suite is for ten years, with three-year extensions possible thereafter. A building permit is required to install the dwelling unit. The owners are advised that once the garden suite is no longer required for its intended purpose, the City shall be notified, the dwelling unit must be discontinued, and the building must be removed from the property. Planning Services Division recommends that the application for a temporary use by-law be approved. Page 13 of 60

14 MARTIN A(7) DOMINION A GASTON EAST Growth and Development Department Ü DOMINION VELMA MUNICIPAL ROAD 80 (OLD HIGHWAY 69) MIRAGE Subject Property being PIN , Pcl , Part 1, Plan 53R-9148, Lot 9, Con. 1, Twp of Hanmer, 2155 Dominion Drive, Hanmer, City of Greater Sudbury VERN YORKSHIRE CLAIRE CECILE Sketch 1 NTS 751-7/11-9 Date: location sketch 1/1 Page 14 of 60

15 site plan 1/1 Page 15 of 60

16 PHOTO OF GARDEN SUITE TO BE RELOCATED TO SUBJECT PROPERTY Garden Suite photo 1/1 Page 16 of 60

17 Photo DOMINION DRIVE, HANMER - VIEW OF MAIN DWELLING Photo DOMINION DRIVE, HANMER - DETACHED GARAGE AND WESTERLY SIDE YARD 751-7/11-9 Photography Oct 25, Photos 1/3 Page 17 of 60

18 Photo DOMINION DRIVE, HANMER - LOCATION OF PROPOSED GARDEN SUITE Photo DOMINION DRIVE, HANMER - AGRICULTURAL LAND ABUTTING WEST 751-7/11-9 Photography Oct 25, Photos 2/3 Page 18 of 60

19 Photo DOMINION DRIVE, HANMER - RESIDENTIAL/ COMMERCIAL USE ABUTTING EAST Photo DOMINION DRIVE, HANMER - SINGLE DETACHED DWELLING OPPOSITE 751-7/11-9 Photography Oct 25, Photos 3/3 Page 19 of 60

20 Request for Decision Application for rezoning in order to eliminate a split-zoning, 883 Dew Drop Road, Sudbury - Pentti Kivinen Presented To: Planning Committee Presented: Tuesday, Nov 15, 2011 Report Date Monday, Oct 31, 2011 Type: Public Hearings File Number: 751-6/11-25 Recommendation That the application by Pentti Kivinen to amend By-law Z being the City of Greater Sudbury Zoning By-law to change the zoning classification from "RU", Rural to "R1-2", Low Density Residential One on those lands described as Part of PIN , Part of Parcel "A" SES, Part 1, 53R-19578, Lot 8, Concession 3, Township of Broder be approved. STAFF REPORT Applicant: Pentti Kivinen Location: Part of PIN , Part of Parcel "A" SES, Part 1, 53R-19578, Lot 8, Concession 3, Township of Broder (Dew Drop Road, Sudbury) Application: To amend By-law Z being the Zoning By-law for the City of Greater Sudbury by changing the zoning classification from "RU", Rural to "R1-2", Low Density Residential One. Signed By Report Prepared By Glen Ferguson Senior Planner Digitally Signed Oct 31, 11 Reviewed By Eric Taylor Manager of Development Services Digitally Signed Oct 31, 11 Recommended by the Division Paul Baskcomb Director of Planning Services Digitally Signed Oct 31, 11 Recommended by the Department Bill Lautenbach General Manager of Growth and Development Digitally Signed Oct 31, 11 Recommended by the C.A.O. Doug Nadorozny Chief Administrative Officer Digitally Signed Nov 3, 11 Proposal: The application is intended to eliminate a split-zoning that would result from the addition of lands zoned "RU", Rural to those lands known municipally as 883 Dew Drop Road, which are currently zoned "R1-2", Low Density Residential One. Official Plan Conformity: The subject lands are designated Rural in the Official Plan for the City of Greater Sudbury. Rural Areas Page 20 of 60

21 contain a variety of land uses, such as farms, wood lots and forests, small industry and clusters of rural residential development. Rural residential uses are permitted provided that it is consistent with the character of surrounding existing uses. 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 on the south side of Dew Drop Road and to the west of Tilton Lake Road and Chief Lake Road. Long Lake is located across Dew Drop Road and to the north of the subject lands. Surrounding uses are predominantly rural with larger lot areas and lot frontages with a cluster of smaller lots having water frontage onto Long Lake being located along the north side of Dew Drop Road. Departmental & Agency Comments: Building Services No concerns. Development Engineering No concerns. Nickel District Conservation Authority No concerns. Operations No concerns. Roads, Traffic and Transportation No concerns. Public Consultation: Given the minor nature of this application, a neighbourhood information session was not recommended. At the time of writing this report, no phone calls and no letters have been received by the Planning Services Division. Planning Considerations: The applicant previously applied for and received approval on a Consent Application (B0083/2011) in July of 2011 which involved the consolidation of an approximate 1,900 m² (20, sq. ft.) parcel of land described as Part 1 on Plan 53R with an adjacent parcel of land to the west described as Part 2 on Plan SR-562 and known municipally as 883 Dew Drop Road. Staff noted in its comments to the Consent Official that the lands to be severed are zoned "RU", Rural whereas the benefitting lands are currently zoned "R1-2", Low Density Residential One. Staff recommended Page 21 of 60

22 at the time that the application for consent be approved subject to a condition that the lands being severed be rezoned in order to avoid split-zoning the resulting subject lands. This condition was included in the consent decision and the applicant has now applied to rezone the severed portion from RU to R1-2 in order to satisfy the rezoning condition. Staff has reviewed the request and advises that the rezoning conforms with Official Plan policies with respect to residential uses in a rural area. Residential uses with larger lot areas and lot frontages are permitted within a rural area. Staff is of the opinion that the proposed consent and rezoning applications do not alter the character of the lots and dwellings that exist currently along Dew Drop Road and no additional services are being proposed. There is also no lot creation occurring as a result of the consent or rezoning applications. The changes amount to a lot boundary re-alignment and both the severed and retained lands comply fully with By-law Z. The Planning Services Division therefore would recommend that the application to amend By-law Z in order to change the zoning classification from "RU", Rural to "R1-2", Low Density Residential One be approved. Page 22 of 60

23 location sketch 1/1 Page 23 of 60

24 survey plan 1/1 Page 24 of 60

25 Photo 1 EXISTING SINGLE DETACHED DWELLING AT 883 DEW DROP ON THE ADJACENT LANDS TO THE WEST LOOKING SOUTH FROM DEW DROP ROAD (ZONED R1-2) Photo 2 SEVERED LANDS AS VIEWED FROM DEW DROP ROAD LOOKING SOUTH EAST FROM THE DRIVEWAY ON THE ADJACENT LANDS TO THE WEST (ZONED RU) 751-6/11-25 Photography Oct 26, Photos 1/1 Page 25 of 60

26 Request for Decision Application for rezoning in order to permit an additional three semi-detached dwelling lots within the existing draft approved plan of subdivision, Applewood Court, Garson - Dalron Construction Ltd Presented To: Planning Committee Presented: Tuesday, Nov 15, 2011 Report Date Monday, Oct 31, 2011 Type: Public Hearings File Number: 751-3/11-3 Recommendation That the application by Dalron Construction Ltd. to amend By-law Z being the City of Greater Sudbury Zoning By-law to change the zoning classification from "R1-5", Low Density Residential One to "R2-2", Low Density Residential Two on those lands described as Part of PIN , Part of Part 3, Plan 53R-18739, Lot 5, Concession 1, Township of Garson (described as Lots 25, 26 and 27 on a Preliminary M-Plan) be approved subject to the following conditions: 1. That the applicant 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. STAFF REPORT Applicant: Dalron Construction Ltd. Location: Part of PIN , Part of Part 3, Plan 53R-18739, Lot 5, Concession 1, Township of Garson (described as Lots 25, 26 and 27 on a Preliminary M-Plan) Signed By Report Prepared By Glen Ferguson Senior Planner Digitally Signed Oct 31, 11 Reviewed By Eric Taylor Manager of Development Services Digitally Signed Oct 31, 11 Recommended by the Division Paul Baskcomb Director of Planning Services Digitally Signed Oct 31, 11 Recommended by the Department Bill Lautenbach General Manager of Growth and Development Digitally Signed Oct 31, 11 Recommended by the C.A.O. Doug Nadorozny Chief Administrative Officer Digitally Signed Nov 3, 11 Application: To amend By-law Z being the Zoning By-law for the City of Greater Sudbury by changing the zoning classification from "R1-5", Low Density Residential One to "R2-2", Low Density Residential Two. Proposal: The application is to rezone the subject lands in order to permit an additional three semi-detached dwelling Page 26 of 60

27 lots within the existing draft approved plan of subdivision. Official Plan Conformity: The subject lands are designated Living Area 1 in the Official Plan for the City of Greater Sudbury. The Living Area 1 designation includes urbanized communities that are fully serviced and are to be the primary focus of residential development in the City. Low density residential development is permitted in the Living Area 1 designation up to a maximum net density of 36 units per hectare. Section of the Official Plan outlines policies for considering applications to rezone lands situated within the Living Area 1 designation. These considerations are as follows: 1. That the site is suitable in terms of size and shape to accommodate the proposed density and form; 2. That the proposed development is compatible with the surrounding neighbourhood in terms of scale, massing, height, siting, setbacks and the location of parking and amenity areas; 3. That adequate on-site parking, lighting, landscaping and amenity areas are provided; and, 4. That the impacts of traffic on local streets are minimal. 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 south of O Neil Drive East, to the east of Penman Street and to the west of Garson-Coniston Road. The subject lots have been pre-graded and curbing has been completed along Applewood Court. The lands presently contain a new home sales trailer. There is a semi-detached dwelling under construction immediately to the south of the subject lands. Surrounding uses are residential with a mix of built forms and densities being present in the immediate neighbourhood. Parkland blocks are located to the south of the subject lands. Departmental & Agency Comments: Building Services No concerns. Development Engineering This site is presently serviced with sanitary sewer and municipal water for single dwelling lots. Therefore, additional water and sanitary services will be required to service the proposed semi-detached dwellings. The curb on Lots 25, and 26 around the bulb of the cul-de-sac will need to be re-installed as barrier curb to conform with the City's cul-de-sac policy for R2 lots. This will make it consistent with the remainder of the curb in front of the other R2 lots on this cul-de-sac. We have no objection to changing the zoning classification from "R1-5", Low Density Residential One to "R2-2", Low Density Residential Two, provided that we obtain an update to the engineering drawing for this location showing the proposed servicing and the proposed modification to the curbing. Roads, Traffic and Transportation Page 27 of 60

28 No concerns. Public Consultation: The applicant held a Resident s Meeting on November 2, 2011 at St. John s Catholic Elementary School in Garson. At the time of writing this report, no phone calls or letters of objection have been received by the Planning Services Division. Planning Considerations: Background In August of 2010, By-law Z rezoned the subject lands to "R1-5", Low Density Residential One as part of the zoning and draft plan approvals for the Foxborough Phase 4A subdivision, which is now presently in the pre-registration phase. The applicant is now requesting that Lots 25 through 27 on the draft plan be rezoned to permit semi-detached dwellings whereas the applicable R1-5 zone only permits single-detached dwellings. The requested rezoning would match the existing R2-2 zoning which exists along the remainder of Applewood Court. Provincial Policy Statement 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: 1. New development is to be directed toward existing settlement areas. The proposed semi-detached dwelling lots are located with the Garson settlement area and are appropriately designated as Living Area 1 in the Official Plan for the City of Greater Sudbury. Further to this, it should be noted that the subject lands are presently zoned for residential development in the form of single-detached dwelling lots. The applicant is requesting that the residential use permissions be expanded to include semi-detached dwellings. 2. Municipalities are encouraged to provide for a range and mix of residential uses in order to meet the needs of the community. There is a significant mix of residential uses which already exist in the immediately surrounding neighbourhood. The draft plan of subdivision would also include a mix of residential uses. Staff is satisfied that the proposed change does not negatively impact or create an imbalance within the plan, or larger neighbourhood, with respect to ensuring that a range and mix of residential housing options are available. 3. Municipalities are encouraged to avoid unjustified or uneconomical expansion of infrastructure. There is no unjustified or uneconomical expansion of urban infrastructure being proposed. The new infrastructure required to service the draft plan area involves an extension to those services which already exist on adjacent lands within the serviced community of Garson. Official Plan The Living Area 1 designation allows for a range of residential built forms at varying densities. The proposed rezoning would allow for the construction of three semi-detached dwelling lots on Applewood Court whereas the lands presently only permit single-detached dwellings. Staff has no concerns with the Page 28 of 60

29 built form or density that is being proposed by the applicant. The development proposal is also supported from the perspective of relevant Official Plan policies for rezoning land in the Living Area 1 designation. Staff notes that the site is suitable in terms of size and shape to accommodate three semi-detached dwelling lots and the form is compatible with the surrounding neighbourhood. The standard R2-2 zone standards will be applied to the lots, which will ensure that the scale, massing, height, siting and setbacks of the proposed dwelling lots, including parking and amenity areas, will be appropriate given the context of the neighbourhood. The zoning change would introduce three new dwelling units over what could be constructed under the current applicable zoning on the subject lands. The impact of introducing three new dwelling units into the neighbourhood will not create any negative impacts on local streets. Zoning By-law Conformity The applicant is requesting that the subject lands be rezoned to "R2-2", Low Density Residential Two in order to allow for construction of semi-detached dwelling units. Staff has reviewed the request and confirms that the proposed lots would comply with lot area, lot depth and lot frontage requirements of the R2-2 zone under By-law Z. The proposed lots also comply with special provision 5 i) for R2-2 lots on Table 6.3 requiring a minimum of 13 metres frontage (6.5m/unit) at the street line for semi-detached lots. Special provision 5 i) R2-2 lots was included in By-law Z to ensure adequate areas for dwellings and snow storage areas for semi-detached lots in cul-de-sacs. Installation of Additional Services and Re-curbing Development Engineering has noted that existing water and sanitary services in the ground can only support three single-detached dwellings. The applicant will therefore be required to construct additional infrastructure to service the additional dwellings being proposed. Further to this, the re-installation of curbs to appropriate City standards will be required. The applicant is advised that the servicing drawings for the three affected lots and plans for the road will need to be revised and updated to include barrier curbing, all to the satisfaction of the Director of Planning Services, prior to the issuance of building permits on the lots. Summary Staff has reviewed the development proposal and is satisfied that it conforms to the Official Plan for the City of Greater Sudbury, as well as the PPS. The development proposal to introduce three additional semi-detached dwelling lots into the Foxborough subdivision represents good residential development planning. The Planning Services Division therefore would recommend that the application to amend By-law Z being the City of Greater Sudbury Zoning By-law in order to change the zoning classification from "R1-5", Low Density Residential One to "R2-2", Low Density Residential Two be approved subject to the condition set out in this report. Page 29 of 60

30 13 R C1 C R R1-5 R R FALCONBRIDGE R R R R R R R R R1-5 MARGARET CATHERINE R2-2 MAPLEWOOD JARVIS O'NEIL I C R3.D60 35 MOREAU R3.D R R2-2 SANDRA 119 R3.D60 P R2-2 R2-2 P SANDRA O'DONOGHUE FALCONBRIDGE CATHERINE MOREAU MAPLEWOOD O'NEIL Growth and Development Department Ü Subject Property being part of PIN Part of Part 3, Plan 53R-18739, (Lots 25, 26 & 27 of preliminary plan), Lot 5, Con. 1, Twp of Garson, Applewood Court, Garson, City of Greater Sudbury PENMAN Sketch 1 NTS 751-3/11-3 Date: location sketch 1/1 Page 30 of 60

31 survey plan 1/1 Page 31 of 60

32 Photo 1 SUBJECT LANDS VIEWED FROM APPLEWOOD COURT LOOKING WEST Photo 2 SUBJECT LANDS VIEWED FROM APPLEWOOD COURT LOOKING EAST 751-3/11-3 Photography Oct 19, Photos 1/2 Page 32 of 60

33 Photo 3 SEMI-DETACHED DWELLING UNDER CONSTRUCTION TO THE IMMEDIATE SOUTH OF THE SUBJECT LANDS 751-3/11-3 Photography Oct 19, Photos 2/2 Page 33 of 60

34 Request for Decision Application for rezoning in order to permit a personal service shop (day spa) and one (1) dwelling unit, 1303 Regent Street, Sudbury - Taryn E. Gadde Presented To: Planning Committee Presented: Tuesday, Nov 15, 2011 Report Date Monday, Oct 31, 2011 Type: Public Hearings File Number: 751-6/11-27 Recommendation That the application by Taryn E. Gadde to amend By-law Z being the City of Greater Sudbury Zoning By-law by changing the zoning classification of lands described as PIN , Parcel S.E.S., in Lot 7, Concession 1, Township of McKim from "R3-1", Medium Density Residential to "C2(S)", General Commercial Special be approved subject to the following conditions: a. That prior to the passing of the amending by-law, an application for a building permit will be required to the satisfaction of the Chief Building Official; b. That the amending by-law include the following site specific provisions: i) The only permitted uses shall be a personal service shop, which shall include a day spa, and one (1) dwelling unit with or without a non-residential use, and related accessory uses; ii) The minimum lot frontage shall be 14.8 metres; iii) The minimum northerly interior side yard shall be 1.3 metres; iv) The minimum lot area shall be 1,153 m2; and, Signed By Report Prepared By Mauro Manzon Senior Planner Digitally Signed Oct 31, 11 Reviewed By Eric Taylor Manager of Development Services Digitally Signed Oct 31, 11 Recommended by the Division Paul Baskcomb Director of Planning Services Digitally Signed Oct 31, 11 Recommended by the Department Bill Lautenbach General Manager of Growth and Development Digitally Signed Oct 31, 11 Recommended by the C.A.O. Doug Nadorozny Chief Administrative Officer Digitally Signed Nov 3, 11 v) A planting strip in the form of a 1.8 metre opaque fence shall be required along the southerly lot line from the front building line to the westerly limit of the rear yard parking area. c. That prior to the issuance of a building permit and/or change of use permit, the owner shall enter into a Site Plan Control Agreement with the City. d. That as part of the Site Plan Control Agreement, the owner shall agree to transfer to the City a 3 metre strip of property along the entire frontage of Regent Street upon demand, if and when required for future road improvements, free of mortgages, charges, trust deeds and other encumbrances securing financing. The City shall be responsible for all survey and legal costs associated with this transfer. Page 34 of 60

35 STAFF REPORT Applicant: Taryn E. Gadde Location: PIN , Parcel S.E.S., in Lot 7, Concession 1, Township of McKim (1303 Regent Street, Sudbury) Application: To amend By-law Z being the City of Greater Sudbury Zoning By-law from "R3-1", Medium Density Residential to "C2(S)", General Commercial Special. Proposal: Application for rezoning in order to permit a personal service shop (day spa) and one (1) dwelling unit. A two-storey, 116 m2 (1,250 sq. ft.) addition to the rear of the existing building is proposed. An attached garage will be demolished in order to provide vehicular access to the rear yard. Official Plan Conformity: The subject property is designated as Mixed Use Commercial in the City of Greater Sudbury Official Plan. Within these areas, a wide range of uses may be permitted subject to criteria under Section 4.3 of the Plan, including adequate sewer and water capacities, sufficient on-site parking, and appropriate landscaping and buffering. Any proposed new use must be compatible with existing uses, subject to the rezoning process. The Official Plan also contains policies related to development on major arterial roads such as Regent Street. New access to arterial roads is typically restricted where there are reasonable alternatives. In order to prevent a fragmented pattern of development, small lot rezoning is discouraged, with lot consolidation being the preferred redevelopment scenario. Conformity with the Official Plan is based on a review of the above noted considerations. Site Description & Surrounding Land Uses: The subject property is located on the west side of Regent Street, just south of Martindale Road. The area is fully serviced by municipal sewer and water. This portion of Regent Street is designated as a secondary arterial road. The subject lot has a total area of m2 (12,420 sq. ft.), with m (49 ft.) of road frontage and an approximate depth of 78 m (256 ft.). A 105 m2 (1,130 sq. ft.) single detached dwelling constructed in 1966 currently occupies the site. A driveway abuts the southerly lot line. The most westerly portion of the property is undeveloped and contains rock outcrops. Rock removal will be required in order to provide parking. The area presents a mix of residential and commercial uses. A single detached dwelling abuts to the south on a lot zoned "R3-1", Medium Density Residential (1309 Regent Street). The property is assessed as a residence with a commercial unit. An office building with "C2(61)", General Commercial Special zoning abuts directly to the north (1297 Regent Street). The C2(61) zoning permits offices and a maximum of two (2) dwelling units. Relief was provided for a planting strip and the interior side yard setback along the northerly lot line. Page 35 of 60

36 Low density housing is found on the east side of Regent Street opposite the subject lot. Other adjacent uses include a gas station (Shell), a retirement home (Palambro Residence) and a restaurant (Tim Hortons). Departmental & Agency Comments: Development Engineering Development Engineering has reviewed the above noted application. This site is presently serviced with sanitary sewer and municipal water. We have no objection to changing the zoning classification from "R3-1", Medium Density Residential to "C2(S)", General Commercial Special to permit a personal service shop (day spa) and one (1) dwelling unit provided that a maintenance access chamber (test manhole) be installed on the sanitary sewer service to the building. Transportation Engineering The owner understands and agrees that she will transfer to the City a 3 metre strip of property along the entire frontage of Regent Street upon demand, if and when required for future road improvements, free of mortgages, charges, trust deeds and other encumbrances securing financing. The City shall be responsible for all survey and legal costs associated with this transfer. Building Services Prior to the by-law being adopted, an application for a building permit will be required for the alteration of the existing building to the satisfaction of the Chief Building Official. Drawings prepared by a qualified designer are to be submitted showing floor layout, wall sections, insulation, plumbing facilities, heating and ventilation and all health and safety requirements. A plot plan showing all required parking and planting strips will be required at the time of building permit application. A minor variance may be required for the second storey addition for the north side yard setback where a 1.8 m (5.9 foot) setback is required. Neighbourhood Consultation: The owner was advised of Council policy concerning neighbourhood consultation. It was recommended that the applicant contact the ward councillor to discuss the need for a neighbourhood meeting. As of the date of this report, no written submissions have been received by Planning Services. One phone call was received seeking clarification of the proposal. Page 36 of 60

37 Planning Considerations: The main issues related to this application include the following: compatibility with adjacent uses; suitability of the site to accommodate the proposed use; potential impact on a major arterial corridor; and, addressing site specific zoning relief. Land use compatibility The day spa forms a good fit with the range of uses typically found in a Mixed Use Commercial area, including the existing mix of uses along this section of Regent Street. Land use impacts can be minimized by limiting the commercial use of the property to a personal service shop, which includes a day spa. The proposed building has a relatively small footprint and is appropriately scaled to the dimensions of the lot. No excessive noise, odours or traffic are envisioned with this application. No negative impact on the retirement home located to the south is anticipated. Site plan control can be utilized to ensure appropriate development of the land, including parking, on-site circulation, servicing, landscaping, rock removal and other matters. As a condition of approval, the owner shall enter into a Site Plan Control Agreement with the City prior to the issuance of a building permit and/or change of use permit. Arterial road impacts In order to promote pedestrian safety and efficient traffic flows, lot consolidation is encouraged on major arterial roads as a means of eliminating multiple driveway entrances. In this case, the day spa is not expected to generate a large volume of traffic, and land consolidation is not a viable option for the owner. The redevelopment proposal is generally felt to be acceptable from a land use perspective and will not have a significant impact on the functioning of the roadway. As a condition of approval, the Roads Section requires a 3 metre strip of land along the Regent Street frontage if and when required for road improvements. This requirement can be implemented as part of the Site Plan Control Agreement. Zoning conformity A review of the rezoning sketch indicates that site specific relief from C2 zoning provisions is required, as follows: metres (48.8 ft.) of lot frontage where 30 metres (98.4 ft.) are required; A northerly interior side yard of 1.3 metres (4.3 ft.) where 1.8 metres (5.9 ft.) are required for a mixed used building containing a residential use; and, 1,154 m2 (12,420 sq. ft.) of lot area where 1,350 m2 (14,531 sq. ft.) are required. The building meets the minimum required setback of 7.5 metres (24.6 ft.) from Regent Street, which is designated as a Secondary Arterial Road. It is recommended that the site specific zoning incorporate the above noted variances. Page 37 of 60

38 Parking and on-site circulation Under By-law Z, the parking standard for a personal service shop is 1 space per 20 m2 of net floor area. In this case, nine (9) parking spaces would be required for the day spa based on a gross floor area of 186 m2 (2,000 sq. ft.), as well as one (1) space for the second-floor dwelling unit, for a total of ten (10) parking spaces. A rough calculation of net floor area based on preliminary building plans provided by the owner indicates that the parking requirement would also be ten (10) spaces (i.e., the difference between net floor area and gross floor area appears to be minor). The sketch illustrates six (6) parking spaces in the rear yard and one (1) space in the front yard. Three additional parking spaces are therefore required, which may require additional rock removal in the rear yard unless Council grants relief for parking. The owner is further advised that the dimensions of the barrier-free parking space in the front yard do not conform to current standards. In general, the overall layout proposed for parking and driveway access is sufficient to address parking needs and the on-site movement of vehicles, provided that relief is granted for a planting strip in the southerly side yard. As part of the site plan process, the owner should verify the net floor area assigned to the various uses in order to accurately calculate parking requirements. The final parking configuration can be addressed in more detail as part of the Site Plan Control Agreement. Planting strips Under By-law Z, a planting strip is required for buffering and screening wherever a commercial lot abuts a Residential Zone. In this instance, a planting strip is required along the southerly lot line where it abuts the R3-1 property. In order to provide adequate vehicular access to the rear yard, relief is required for a planting strip along the southerly lot line given that the interior side yard width is 6 metres (20 ft.), which is the minimum driveway width needed to accommodate two-way access. In order to address screening with adjacent residential uses including the retirement home, it is recommended that the owner provide a 1.8 metre opaque fence along the southerly lot line from the front building line to the westerly limit of the rear yard parking area. A planting strip along the westerly lot line is not an issue as this area will remain in its natural state. The northerly lot line abuts a Commercial zone. Servicing Under By-law , which amongst other matters regulates sewer use, a test manhole is required to be installed on commercial properties to monitor discharges into the City s sanitary sewers and storm sewers. Consistent with Council policy, the installation of a test manhole will be required as part of the Site Plan Control Agreement. The test manhole is typically installed on the owner s property as close to the property line as possible. Summary The application can be supported based on the following considerations: The proposed use forms a good fit with the existing mix of uses on this section of Regent Street; Page 38 of 60

39 No adverse traffic impacts are anticipated; Parking requirements can be addressed on-site; There will be sufficient driveway width and rear yard area to accommodate parking and vehicular access (ingress and egress); Site specific zoning can be utilized to restrict the range of uses, which is deemed appropriate given the small lot size; Mixed use buildings, including live-work configurations, are encouraged along major arterial corridors; and, Redevelopment of the property is subject to Site Plan Control to ensure appropriate development of the land. No land use conflicts are envisioned with this proposal. Planning Services recommends that the application for rezoning be approved subject to the above noted conditions. Page 39 of 60

40 R2-2 R R MARCEL NESBITT R1-5 R2-2 R BOYCE C C MARTINDALE R2-2 C C2(35) 8 10 R2-2 R WALFORD I R1-5 R SOUTHVIEW 517 UNNAMED PRIVATE R NESBITT MARCEL EDGEHILL R3-1 R BOYCE REGENT 468 MARTINDALE ANTHONY C2(63) C2(34) 1421 C C1(21) WALFORD C2(61) R REGENT AUSTIN H17C3.D90(19) R2-2 H17C3.D90(19) R2-2 H17C3.D90(19) R2-2 H17C3.D90(19) ANTHONY LAVAL R1-5 R1-5 R R Growth and Development Department I FD Ü Subject Property being part of PIN , Pcl , Lot 7, Con. 1, Twp. of McKim, 1303 Regent Street, Sudbury, City of Greater Sudbury LAVAL BOUCHARD AUSTIN MARTTILA Sketch 1 NTS 751-6/11-27 Date: location sketch 1/1 Page 40 of 60

41 proposed development 1/1 Page 41 of 60

42 existing house 1/1 Page 42 of 60

43 elevation sketch 1/1 Page 43 of 60

44 Photo REGENT STREET, SUDBURY - VIEW OF SUBJECT PROPERTY Photo REGENT STREET, SUDBURY - VIEW OF SOUTHERLY SIDE YARD AND ABUTTING DWELLING 751-6/11-27 Photography Oct 25, Photos 1/3 Page 44 of 60

45 Photo REGENT STREET, SUDBURY - VIEW OF REAR YARD Photo REGENT STREET, SUDBURY - ROCK OUTCROP IN REAR YARD 751-6/11-27 Photography Oct 25, Photos 2/3 Page 45 of 60

46 Photo & 1315 REGENT STREET, SUDBURY RESIDENTIAL USES ABUTTING SOUTH Photo REGENT STREET, SUDBURY - COMMERCIAL USE ABUTTING NORTH 751-6/11-27 Photography Oct 25, Photos 3/3 Page 46 of 60

47 Request for Decision Declaration of Surplus Land, Ronald Avenue, Sudbury Presented To: Planning Committee Presented: Tuesday, Nov 15, 2011 Report Date Monday, Oct 31, 2011 Type: Routine Management Reports Recommendation That vacant land north of Ronald Avenue, Sudbury, legally described as Firstly: Part of PIN (LT), Lots 189 to 192, Plan M-133 and Parts 16 to 18 and part of Part 19 on Plan 53R-13123; and Secondly: PIN (LT), part of Lane on Plan M-133, City of Greater Sudbury, be declared surplus to the City's needs and offered for sale to the abutting owner of 31 Dean Avenue, Sudbury, pursuant to the procedures governing the sale of limited marketability surplus land as outlined in Property By-law , all in accordance with the report from the Genereal Manager of Growth and Development dated October 28, BACKGROUND: In September 2011, the City of Greater Sudbury vested vacant land north of Ronald Avenue, Sudbury, as a result of a failed tax sale. The subject land measures approximately 1,967 square metres (21,173 square feet) in size and is zoned M1(12) Special Mixed Light Industrial Service Commercial (Special). The zoning provides that the only permitted uses shall be warehousing, storage and wholesale outlet uses. Signed By Report Prepared By Angie Roy Property Administrator Digitally Signed Oct 31, 11 Reviewed By Keith Forrester Real Estate Coordinator Digitally Signed Oct 31, 11 Recommended by the Division Danielle Braney Director of Asset Services Digitally Signed Oct 31, 11 Recommended by the Department Bill Lautenbach General Manager of Growth and Development Digitally Signed Nov 3, 11 Recommended by the C.A.O. Doug Nadorozny Chief Administrative Officer Digitally Signed Nov 3, 11 The location of the subject land is identified on the attached Schedule 'A' and photographs of the subject land are shown on the attached Schedule 'B'. The subject property forms part of the loading and parking area for the abutting property at 31 Dean Avenue, Sudbury. The owners of 31 Dean Avenue, Sudbury would like to purchase the subject land and consolidate it with its current holdings. The proposal to declare the subject land surplus was circulated to all interal departments and the following comments were received. Roads and Transportation Services staff advised: Page 47 of 60

48 "A portion of the southwest property limits must be retained for winter road maintenance. The approximate dimensions are 5 x 10 metres for a snowplow turnaround." Planning Services staff advised: "The subject lands are designated "Living Area 1", in the Official Plan and are zoned "M1(12)", Mixed Light Industrial Service Commerial (Special) in By-law Z, the City of Greater Sudbury Zoning By-law. The M1(12) zoning provides that the only permitted uses shall be warehousing, storage and wholesale outlet uses. It is noted that the abutting lands to the east at 31 Dean Avenue which the subject lands are to be transferred, are also zoned M1(12). The circulation from Real Estate notes that the subject lands are being used as a parking and loading area for the property at 31 Dean Avenue. Planning Staff note that a site plan agreement was registered on title in 1984 on the subject lands as well as the property located at 31 Dean Avenue. Given the above, Planning Services has no objection to the subject lands being declared surplus, provided that the property is merged on title with the abutting property at 31 Dean Avenue." Legal Services staff advised: "In view of the past difficulties, consider a requirement that the owners of 31 Dean Avenue consoliate its current holdings with the subject land; enter into a lot consolidate agreement to treat the lands held and the lands to be acquired as a single parcel; and secure a commitment from the owners to apply to MPAC to secure a single assessment number." No additional comments or objections were received. It is recommended that the City retain a portion of the southwest property limit measuring approximately 5 x 10 metres for a partial snowplow turnaround; and that the balance of the subject land be declared surplus to the City's needs and offered for sale to the abutting owner of 31 Dean Avenue, Sudbury. A further report will follow with respect to the sale transaction of the subject land wherein the owner of 31 Dean Avenue will be required to conolidate its current holdings with the subject land as suggested by Planning Services and Legal Services. Page 48 of 60

49 RONALD RONALD UNNAMED LANE 14 DEAN SCHEDULE 'A' R R2-3 R QUINN C R I P R M1(12) UNNAMED LANE R R R DAMARIS M1-1 M1 25 R C2(82) R2-3 C BIG NICKEL WALTER JANE DEAN UNNAMED LANE 14 LOGAN QUINN IRVING UNNAMED LANE 17 Ronald Avenue Sudbury Firstly: part of PIN (LT), Lots 189 to 192, Plan M-133 and Parts 16 to 18 & part of Part 19 on 53R-13123; Secondly: PIN (LT), Part of Lane on Plan M-133, City of Greater Sudbury LORNE WEBBWOOD Junction Creek NTS Date: RonaldStWalterAv SchA NOV11 ar 1/1 Page 49 of 60

50 SCHEDULE B RE: Declaration of Surplus Land Ronald Avenue, Sudbury View looking north from northerly limit of Ronald Avenue View looking northeast from northerly limit of Ronald Avenue RonaldAve SchB Nov15 ar 1/1 Page 50 of 60

51 Request for Decision Surplus School Board Properties - St. Christopher School, 2843 CKSO Road, Sudbury and St. Michael School, 41 Samson Street, Sudbury Presented To: Planning Committee Presented: Tuesday, Nov 15, 2011 Report Date Monday, Oct 31, 2011 Type: Routine Management Reports Recommendation THAT the Sudbury Catholic District School Board be advised that the City of Greater Sudbury is not interested in purchasing St. Christopher School located at 2843 CKSO Road, Sudbury or St. Michael School located at 41 Samson Street, Sudbury. BACKGROUND: The Sudbury Catholic District School Board recently declared two schools surplus to its' needs; St. Christopher School located at 2843 CKSO Road, Sudbury and St. Michael School located at 41 Samson Street, Sudbury. The location of the properties are identified on the attached Schedules 'A' and 'B' and photographs of the properties are shown on the attached Schedule 'C'. Pursuant to the Ministry of Education's guidelines, the municipality is circulated on all proposed sales in order to determine if the municipality would like to purchase a surplus school. The Board's request was circulated to all City departments for comments and it was determined that neither of the properties are required for municipal purposes. Signed By Report Prepared By Angie Roy Property Administrator Digitally Signed Oct 31, 11 Reviewed By Keith Forrester Real Estate Coordinator Digitally Signed Oct 31, 11 Recommended by the Division Danielle Braney Director of Asset Services Digitally Signed Oct 31, 11 Recommended by the Department Bill Lautenbach General Manager of Growth and Development Digitally Signed Nov 3, 11 Recommended by the C.A.O. Doug Nadorozny Chief Administrative Officer Digitally Signed Nov 3, 11 It is recommended that the Sudbury Catholic District School Board be advised that the City of Greater Sudbury is not interested in purchasing St. Christopher School located at 2843 CKSO Road, Sudbury or St. Michael School located at 41 Samson Street, Sudbury. Page 51 of 60

52 SCHEDULE 'A' R1-2 GOODVIEW R CLEMENTINE R R R OCTAVE 2798 CKSO OSR(6) WINTERHAVEN I 2843 OSR RU RU M2(8) GOODVIEW 69 PIONEER St. Christopher School Ü 2843 CKSO Road, Sudbury WINTERHAVEN OCTAVE CKSO MTC HENRI PIN Formerly Parcel SES, par of Lot 1, Concession 5, Township of Broder, Sudbury, City of Greater Sudbury NTS Date: CKSOrd SrplsSchol SchA NOV15 ar 1/1 McFarlane Lake Page 52 of 60

53 LAURA SCHEDULE 'B' R WEMBLEY R1-5 LAURA 131 R R P ST NICHOLAS R2-2 R R2-2 DAVID R R1-5 R MCNAUGHTON P R I SAMSON R GILL R R1-5 KINGSMOUNT WEMBLEY HYLAND BOLAND 146 LAMBTON GILL BOLAND 128 SAMSON BEATON MARION 29 LAMBTON DAVID PARIS 35 JOHN BEATON R BOLAND SamsonSt SrplsSchol SchB NOV15 ar 1/1 Ramsey Lake Page 53 of 60 R1-5 St. Michael School Ü 41 Samson Street, Sudbury PIN Block C, Lots 53 & 54, Plan M-66S, Lot 389, and Part of McNaughton Street, Plan 27SB Parts 1-5, Plan 53R Lot 6, Concession 3, Township of McKim, Sudbury, City of Greater Sudbury NTS Date:

54 SCHEDULE C RE: Surplus School Board Properties St. Christopher School, 2843 CKSO Road, Sudbury St. Michael School, 41 Samson Street, Sudbury View of St. Christopher School, 2843 CKSO Road, Sudbury looking west from CKSO Road View of St. Michael School, 41 Samson Street, Sudbury looking west from St. Nicholas Street CKSO&Samson Schools SchC NOV15 ar 1/1 Page 54 of 60

55 Request for Decision Application to Amend Recommendation # being conditional zoning approval for Capreol Long-Term and Supportive Housing - Coulson Street, Capreol Presented To: Planning Committee Presented: Tuesday, Nov 15, 2011 Report Date Monday, Oct 31, 2011 Type: Managers' Reports File Number: 751-2/10-1 Recommendation 1. That the approval of rezoning application File 751-2/10-1 by Capreol Long-Term and Supportive Housing to amend By-law Z being the City of Greater Sudbury Zoning By-law by changing the zoning classification of lands described as Parts 1, 2, 5, 6, 7 & 8, Plan 53R in Lots 9 & 10, Concession 6, Township of Capreol from "R1-5", Low Density Residential One, "R3.D18.2", Medium Density Residential and "I", Institutional to "R3(Special)", Medium Density Residential Special be amended as follows: a. That Paragraph b), Clause i) of Recommendation # be deleted and replaced with the following: i) The only permitted uses shall be the following: 1. On lands described as Parts 1, 2, 5 & 8, Plan 53R-19587, a retirement home (assisted-living facility) and related accessory uses; 2. On lands described as Parts 6 & 7, Plan 53R-19587, a long-term care facility and related accessory uses. 2. That in accordance with Section 34(17) of the Planning Act no further notice is required to be given in respect of the changes to the proposed by-law. Signed By Report Prepared By Mauro Manzon Senior Planner Digitally Signed Oct 31, 11 Reviewed By Eric Taylor Manager of Development Services Digitally Signed Oct 31, 11 Recommended by the Division Paul Baskcomb Director of Planning Services Digitally Signed Oct 31, 11 Recommended by the Department Bill Lautenbach General Manager of Growth and Development Digitally Signed Oct 31, 11 Recommended by the C.A.O. Doug Nadorozny Chief Administrative Officer Digitally Signed Nov 3, 11 STAFF REPORT Background: In 1977, Parcel 22660'A S.E.S. was acquired by the former Town of Capreol for municipal purposes. The southerly portion (2.09 ha) is zoned "R3.D18.2" for medium density residential development. A small northerly portion (Part 5, Plan 53R-12788) is zoned "R1.D18", Single Residential (0.19 ha). Page 55 of 60

56 In September 1989, a resolution was prepared by the Town Council indicating that the lands were to be reserved for a health care clinic, non-profit seniors housing, recreation facilities for seniors, or other related projects. In 1996, Parcel S.E.S. was acquired from the Roman Catholic Separate School Board by the former Town of Capreol. This portion of the property is zoned "I", Institutional (2.41 ha). The land was purchased to accommodate the second phase of a planned seniors housing complex. In October 2009, Planning Committee deemed the properties to be surplus to the City s needs (Recommendation # ). An Agreement of Purchase and Sale was entered into with Capreol Long-Term and Supportive Housing (CLTSH). Various timelines were established related to the commencement of construction of a supportive housing complex (within 24 months of the closing date) and a long-term care facility (within 60 months). The proponents subsequently submitted rezoning application File 751-2/10-1. Recommendation # : The following Recommendation # was passed by Planning Committee on September 21, 2010 and ratified by City Council on September 29, 2010: That the application by Capreol Long-Term and Supportive Housing to amend By-law being the Comprehensive Zoning By-law for the (former) Town of Capreol by changing the zoning classification of lands described as PIN , formerly Parcel S.E.S., and Part of PIN , Part 5, Plan 53R-12788, formerly Parcel 22660'A' S.E.S., in Lot 10, Concession 6, Township of Capreol from "R1.D18", Single Residential, "R3.D18.2", Medium Density Residential and "I", Institutional to "R3.D45-Special", Medium Density Residential Special be approved subject to the following conditions: a. That the applicant 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 the amending by-law include the following provisions: i) The only permitted uses shall be the following: 1. On lands described as PIN (LT) and Part of PIN (LT) being Part 5 on Plan 53R-12788, an assisted-living facility (retirement home) and related accessory uses; 2. On lands described as Part of PIN (LT) being those lands located south of PIN (LT), a long-term care facility and related accessory uses; ii) The development shall not exceed 220 dwelling units or 275 beds/guest rooms or a combination thereof. The formula for determining capacity shall be on the following basis: 1. Assisted-living facility (retirement home): 1.25 guest rooms being the equivalent of 1 dwelling unit; 2. Long-term care facility: 1.25 beds being the equivalent of 1 dwelling unit; iii) The maximum height of main buildings shall not exceed three (3) storeys; iv) The minimum setback from all property lines shall be 10 metres; v) Parking standards shall be applied as follows: 1. Assisted-living facility (retirement home): 4 parking spaces, plus 0.5 space for each of the first 30 guest rooms, plus 0.25 space for each additional guest room, plus 1 space per 20 m2 gross floor area used for medical, health or personal services; Page 56 of 60

57 2. Long-term care facility: 0.5 parking space per bed, plus 1 space per 20 m2 gross floor area used for medical, health or personal services; c. That prior to the issuance of a building permit, the owner shall enter into a Site Plan Control Agreement with the City; and, d. That the Site Plan Control Agreement contain a provision requiring that the owner contribute $30,000 towards the construction of a future sidewalk on Coulson Street that will extend from the north limit of the subject property to Hanna Avenue. Proposal: The proponents have since determined that surplus lands originally intended for the supportive housing component (assisted-living facility) can now be allocated towards the development of the future long-term care facility. Specifically, Part 6 of Plan 53R-19587, which has an area of 0.75 ha (1.85 acres), is being added to Part 7, Plan 53R (2.192 ha or 5.4 acres). The total land area dedicated to the long-term care facility would now be ha (7.26 acres). Council s conditional approval needs to be modified accordingly. Summary: The application to amend Council s conditional approval is viewed as a technical amendment to allow more land for the development of the long-term care facility. No land use impacts are envisioned with this change. The original intent of the Town of Capreol resolution is maintained as to the future use of the property as an integrated seniors complex. It is recommended that no additional notice be provided with respect to the proposed changes to the by-law. Planning Services recommends that the application to modify Planning Committee Recommendation # be approved in order to enable the preparation of an amending by-law. Page 57 of 60

58 location sketch 1/1 Page 58 of 60