Agenda. Ordre du jour. Planning Committee meeting to be held. at 5:30 pm. Comité de la planification qui aura lieu. à 17h 30. Tuesday, March 1st, 2011

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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, March 1st, 2011 at 5:30 pm Council Chamber, Tom Davies Square Ordre du jour réunion du Comité de la planification qui aura lieu mardi 1e mars 2011 à 17h 30 dans la Salle du conseil, Place Tom Davies

2 PLANNING COMMITTEE AGENDA For the 4th Planning Committee Meeting to be held on Tuesday, March 1, 2011 Council Chamber, Tom Davies Square at 5:30 pm COUNCILLOR DAVE KILGOUR, CHAIR André Rivest, Vice-Chair (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 (4 th ) ( ) - 1 -

3 PUBLIC HEARINGS 1. Report dated February 14, 2011 from the General Manager of Growth and Development regarding Application to permit the temporary use of a garden suite for a period of ten years, 5345 Deschene Road, Hanmer - Gilles and Darquise Moreau. (RECOMMENDATION PREPARED) Report dated February 14, 2011 from the General Manager of Growth and Development regarding Application for a temporary use by-law in order to permit a carnival on City owned lands for a maximum temporary period of one (1) year, Energy Court, Sudbury - City of Greater Sudbury. (RECOMMENDATION PREPARED) Report dated February 14, 2011 from the General Manager of Growth and Development regarding Application for rezoning in order to permit an automotive sales establishment accessory to an automotive repair shop, 1070 Kelly Lake Road, Sudbury - Maddalena Stepancich, Giovanni Carniel, Franca Carniel, Ellena Hodder. (RECOMMENDATION PREPARED) Report dated February 14, 2011 from the General Manager of Growth and Development regarding Application for rezoning in order to permit a multiple dwelling with four (4) units on a lot zoned for a low density residential use, Howey Drive - L.S. Bock Developments Inc. (RECOMMENDATION PREPARED) Letter of objection received February 22, 1011 from Bonnie McAlister, area resident. DELEGATIONS / PRESENTATIONS 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.) PLANNING COMMITTEE (4 th ) ( ) - 2 -

4 MINUTES ROUTINE MANAGEMENT REPORTS C-1. Report dated February 14, 2011 from the General Manager of Growth and Development regarding Extension of Draft Approval, Draft Plan of Subdivision, Twin Lakes, Sudbury - Dalron Construction Limited. (RECOMMENDATION PREPARED) C-2. Report dated February 14, 2011 from the General Manager of Growth and Development regarding Extension to Draft Approval, Pondsview Court, Sudbury - Broder Sudbury Developments. (RECOMMENDATION PREPARED) CORRESPONDENCE FOR INFORMATION ONLY REGULAR AGENDA REFERRED AND DEFERRED MATTERS MANAGERS' REPORTS ADDENDUM 10:00 P.M. ADJOURNMENT (RECOMMENDATION PREPARED) (Two-thirds majority required to proceed past 10:00 P.M.) CURTISS LAW, Deputy Clerk LIZ COLLIN, Planning Committee Secretary PLANNING COMMITTEE (4 th ) ( ) - 3 -

5 COMITÉ DE LA PLANIFICATION ORDRE DU JOUR Pour la 4e réunion du Comité de la planification qui aura lieu le 1 mars 2011 dans la Salle du conseil, Place Tom Davies, à 17h 30 CONSEILLER DAVE KILGOUR, PRÉSIDENT(E) André Rivest, Vice-président(e) (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 (4 e ) ( ) - 1 -

6 AUDIENCES PUBLIQUES 1. Rapport du directeur général de la croissance et du développement, daté du 14 février 2011 portant sur Demande afin de permettre l utilisation temporaire d un pavillon-jardin pendant 10 ans, 5345, chemin Deschene, Hanmer Gilles et Darquise Moreau. (RECOMMANDATION PRÉPARÉE) Rapport du directeur général de la croissance et du développement, daté du 14 février 2011 portant sur Demande de règlement municipal d utilisation temporaire afin de permettre une fête foraine sur des terrains municipaux pendant un maximum d un an, Energy Court, Sudbury Ville du Grand Sudbury. (RECOMMANDATION PRÉPARÉE) Rapport du directeur général de la croissance et du développement, daté du 14 février 2011 portant sur Demande de rezonage afin de permettre un concessionnaire d automobiles accessoire à un atelier de réparation d automobiles, 1070, chemin Kelly Lake, Sudbury Maddalena Stepancich, Giovanni Carniel, Franca Carniel, Ellena Hodder. (RECOMMANDATION PRÉPARÉE) Rapport du directeur général de la croissance et du développement, daté du 14 février 2011 portant sur Demande de rezonage afin de permettre un immeuble résidentiel de quatre logements sur un lot zoné à des fins de zone résidentielle à faible densité, promenade Howey L.S. Bock Developments Inc. (RECOMMANDATION PRÉPARÉE) Lettre d-approbation daté du 22e février 2011 de Bonnie McAlister. DÉLÉGATIONS / PRÉSENTATIONS 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 COMITÉ DE LA PLANIFICATION (4 e ) ( ) - 2 -

7 RAPPORTS DE GESTION COURANTS C-1. Rapport du directeur général de la croissance et du développement, daté du 14 février 2011 portant sur Prolongation de l approbation de l ébauche, ébauche du plan de lotissement, Twin Lakes, Sudbury Dalron Construction Limited. (RECOMMANDATION PRÉPARÉE) C-2. Rapport du directeur général de la croissance et du développement, daté du 14 février 2011 portant sur Prolongation de l approbation de l ébauche, Pondsview Court, Sudbury Broder Sudbury Developments. (RECOMMANDATION PRÉPARÉE) CORRESPONDANCE À TITRE D'INFORMATION Ordre du jour ordinaire QUESTIONS RENVOYÉES ET QUESTIONS REPORTÉES RAPPORTS DES GESTIONNAIRES ADDENDA LEVÉE DE LA SÉANCE À 22 H (RECOMMENDATION PRÉPARÉE) (Une majorité des deux tiers est requise pour poursuivre la réunion après 22 H.) CURTISS LAW, Greffière municipal adjointe LIZ COLLIN, Secrétaire du Comité de la planification COMITÉ DE LA PLANIFICATION (4 e ) ( ) - 3 -

8 Request for Decision Application to permit the temporary use of a garden suite for a period of ten years, 5345 Deschene Road, Hanmer - Gilles and Darquise Moreau Presented To: Planning Committee Presented: Tuesday, Mar 01, 2011 Report Date Monday, Feb 14, 2011 Type: Public Hearings File Number: 751-7/10-15 Recommendation That the application by Gilles and Darquise Moreau with respect to PIN , Parcel SES, Part 1, Plan 53R-16038, Lot 5, Concession 4, Township of Hanmer to permit a second dwelling as a garden suite for a period of 10 years be approved. STAFF REPORT Applicant: Gilles & Darquise Moreau Location: PIN , Parcel SES, Part 1, Plan 53R-16038, Lot 5, Concession 4, Township of Hanmer, 5345 Deschene Road, Hanmer Application: To permit a second dwelling unit (garden suite) on the subject property as a temporary use under Section 39 of the Planning Act for a period of ten years. Signed By Report Prepared By Celia Teale Senior Planner Digitally Signed Feb 14, 11 Reviewed By Art Potvin Manager of Development Services Digitally Signed Feb 14, 11 Recommended by the Division Paul Baskcomb Director of Planning Services Digitally Signed Feb 14, 11 Recommended by the Department Bill Lautenbach General Manager of Growth and Development Digitally Signed Feb 14, 11 Recommended by the C.A.O. Doug Nadorozny Chief Administrative Officer Digitally Signed Feb 15, 11 Official Plan Conformity: The subject lands are designated Rural in the Official Plan for the City of Greater Sudbury Garden Suites are small, self-contained independent living units that are designed for family members who require some level of support. Subject to rezoning under the provisions of the Temporary Use By-law in Section of the Official Plan, garden suites are permitted in Rural designations in accordance with the following conditions: a) a single Garden Suite is allowed as an accessory unit on a lot with only one existing dwelling unit; b) services shall be connected to the service lines of the host dwelling unit to City specification; Page 8 of 59

9 c) the Garden Suite can be integrated with the prevailing character of the surrounding area and will be removed at no expense to the City at the termination of its use; and, d) an agreement may be required between the applicant and the City dealing with such conditions as the installation, location, maintenance, occupancy and removal of the structure. As such this application would not contravene the intent of the Official Plan. Site Description & Surrounding Land Uses: The subject property has approximately 105 metres of frontage (345 feet) along Deschene Road and contains a land area of approximately 2 hectares (5 acres). The surrounding land uses along Deschene Road consist of rural residential 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. Operations No concerns. Planning Considerations: Public Consultation Due to the minor nature of the application the applicant was not advised to hold a neighbourhood meeting. Land Use This proposal complies with the intent of the Official Plan. The subject lands are currently zoned "RU", Rural according to By-Law Z. The Official Plan outlines that garden suites will be permitted as an accessory unit on a lot containing a single dwelling unit. There would be sufficient area on the subject lands to accommodate the garden suite. Page 9 of 59

10 The applicant should be advised that once the garden suite is no longer required for its intended purpose, the Planning Services Division should be advised, and the unit must be removed from the property. In summary we see no adverse impacts resulting from this application, and therefore, it is recommended for approval. Page 10 of 59

11 location sketch 1/1 Page 11 of 59

12 site plan 1/1 Page 12 of 59

13 ¹ File: 751-7/10-15 Deschene Road, Hanmer DESCHENE Subject Land aerial photo 1/ Page 13 of 59 Metres 400

14 Request for Decision Application for a temporary use by-law in order to permit a carnival on City owned lands for a maximum temporary period of one (1) year, Energy Court, Sudbury - City of Greater Sudbury Presented To: Planning Committee Presented: Tuesday, Mar 01, 2011 Report Date Monday, Feb 14, 2011 Type: Public Hearings File Number: 751-6/11-2 Recommendation That the application by the City of Greater Sudbury under Section 39 of the Planning Act to amend By-law Z being the Zoning By-law for the City of Greater Sudbury as it applies to Parts 37 & 43, Plan 53R-14343, excepting Part 1, Plan 53R-16785, excepting Parts 2 to 4, Plan 53R-16657, excepting Parts 1 to 3, Plan 53R in Lot 6, Concession 3, Township of McKim in order to permit a carnival on City owned lands for a maximum temporary period of one (1) year, be approved subject to the following condition: a. That the Facility Use Permit contain provisions that address, amongst other matters, the dates and times of operation, waste management, and the hiring of a police officer(s) to address traffic concerns. STAFF REPORT Applicant: City of Greater Sudbury Signed By Report Prepared By Eric Taylor Senior Planner Digitally Signed Feb 14, 11 Reviewed By Art Potvin Manager of Development Services Digitally Signed Feb 14, 11 Recommended by the Division Paul Baskcomb Director of Planning Services Digitally Signed Feb 14, 11 Recommended by the Department Bill Lautenbach General Manager of Growth and Development Digitally Signed Feb 14, 11 Recommended by the C.A.O. Doug Nadorozny Chief Administrative Officer Digitally Signed Feb 15, 11 Location: Parts 37 & 43, Plan 53R-14343, excepting Part 1, Plan 53R-16785, excepting Parts 2 to 4, Plan 53R-16657, excepting Parts 1 to 3, Plan 53R in Lot 6, Concession 3, Township of McKim (Energy Court, Sudbury) Application: To amend By-law Z being the Zoning By-law for the City of Greater Sudbury in order to obtain authorization for the temporary use of the subject property under Section 39 of the Planning Act. The property is currently zoned "M1-1", Business Industrial Zone. Proposal: Page 14 of 59

15 Application for a temporary use by-law in order to permit a carnival on the subject property as a temporary use for a maximum period of one (1) year. The carnival is expected to take place for one week in May Official Plan Conformity: The subject property is designated as Downtown in the Official Plan for the City of Greater Sudbury. Given the diverse nature of the central core, a wide range of uses are permitted. Section of the Official Plan allows Council to consider and pass by-laws under Section 39 of the Planning Act in order to permit the temporary use of land for a prescribed period of time. Such uses do not necessarily need to conform to the zoning by-law or the land use designation of the Plan. Conformity with Official Plan policies is therefore not a prerequisite concerning the current application, as the property is not being rezoned on a permanent basis. Site Description & Surrounding Land Uses: The subject property is located on Energy Court, south of Lorne Street. The property has a total area of 1.5ha (3.65 acres), with 65m (212 ft.) of frontage on Energy Court. The site is vacant, with approximately half of the property used for parking purposes. The CPR tracks and marshalling yards, as well as the District Energy Plant, are located immediately to the south. A flooring business, a paint retail store and Dumas Independent Grocer are located to the west. A Beer Store is situated on the northeast corner of the intersection of Energy Court and Lorne Street. Market Square is located to the east on the opposite side of the railway tracks. Departmental & Agency Comments: Development Engineering Development Engineering has no objection to this one-year temporary use by-law to allow for a carnival on the site. Transportation Engineering The comments as below remain unchanged from 2008 (file 751-6/08-3). The subject property has access to Energy Court which then connects to Lorne Street on the outside of a sharp horizontal curve. Lorne Street, at this intersection is constructed to accommodate four lanes of traffic, but currently no left-turn lane is provided. It is anticipated that the proposed carnival will generate a significant amount of traffic. We are concerned that congestion and safety problems might occur at the intersection of Lorne Street and Energy Court during the peak periods. We recognize that the carnival will operate for only a relatively short period of time in the spring. We also have concerns as to where people will be parking their vehicles to access the carnival. We recommend that a Temporary Use By-Law be implemented for a period of one (1) year. We also wish to advise that the police, at the applicant s expense, may be required to direct traffic at the intersection of Lorne Street and Energy Court during peak times. We recommend that the above comments be implemented into the Memorandum of Agreement with the Page 15 of 59

16 carnival representatives. Background: The subject lands had been previously used on a temporary basis for a carnival in 2005 (File # 751-6/04-31) and in 2008 (File 751-6/08-3). Concerns were expressed in 2005 and 2008 related to increased traffic congestion, access via Lorne Street (no left turn lane), trespassing, vandalism and site clean-up. The temporary use by-laws were approved in both cases for a maximum period of one year. The carnival occupied the property in 2005 from May 9 through May 22 and in 2008 from May 13 to May 26. No formal complaints were found on file with the By-law Enforcement Section related to the 2005 and 2008 carnival events. Planning Considerations: The proposal should be evaluated based on the experience provided by the previous carnivals in 2005 and Two main issues should be considered: the potential impact on abutting businesses; and traffic and parking concerns, particularly during peak periods. Impact on adjacent businesses Correspondence from an abutting business owner conveys a number of issues stemming from the previous approval in Such matters include parking on private property, trespassing and garbage. Concerns have also been expressed about access to the site, given that Lorne Street does not have a left turning lane onto Energy Court. Traffic issues Similar to the situation in 2005 and 2008, the Traffic Section has again reiterated their concerns about access, parking and traffic congestion during peak periods. This a particular concern given that there are no traffic lights or a left turn lane at Energy Court and Lorne Street. In addition, the intersection is awkwardly sited along a fairly sharp turn. As a result, it may be necessary to have a police officer available during peak periods to direct traffic. Summary Subject to Council s approval, Planning Services Division recommends that the Facility Use Permit contain necessary provisions in order to address the issues referenced in this report. It is also recommended that the subject property not be considered as a permanent site for future carnivals due to potential land use conflicts with abutting uses, as well as the concerns over traffic, access and parking. Planning Services Division recommends that the application for a one-year temporary use by-law be approved subject to the above noted condition. Page 16 of 59

17 location sketch 1/1 Page 17 of 59

18 Photo 1 EAST VIEW ALONG SOUTH PROPERTY BOUNDARY - SUBJECT PROPERTY ON LEFT Photo 2 EAST VIEW OF PROPERTY FROM ENERGY COURT 751-6/11-2 Photography Dec 15/ Photos 1/3 Page 18 of 59

19 Photo 3 NORTH EAST VIEW OF PROPERTY FROM ENERGY COURT Photo 4 NORTH VIEW OF PROPERTY FROM ENERGY COURT 751-6/11-2 Photography Dec 15/ Photos 2/3 Page 19 of 59

20 Photo 5 NORTH VIEW ALONG ENERGY COURT 751-6/11-2 Photography Dec 15/ Photos 3/3 Page 20 of 59

21 Request for Decision Application for rezoning in order to permit an automotive sales establishment accessory to an automotive repair shop, 1070 Kelly Lake Road, Sudbury - Maddalena Stepancich, Giovanni Carniel, Franca Carniel, Ellena Hodder Presented To: Planning Committee Presented: Tuesday, Mar 01, 2011 Report Date Monday, Feb 14, 2011 Type: Public Hearings File Number: 751-6/ Recommendation That the application by Maddalena Stepancich, Giovanni Carniel, Franca Carniel and Ellena Hodder 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., Part 1, Plan 53R-5444 in Lot 9, Concession 2, Township of McKim from "M2", Light Industrial to "M2-Special", Light Industrial Special be denied. STAFF REPORT Applicant: Maddalena Stepancich, Giovanni Carniel, Franca Carniel, Ellena Hodder (Agent: Terry Parolin) Location: PIN , Parcel S.E.S., Part 1, Plan 53R-5444 in Lot 9, Concession 2, Township of McKim (1070 Kelly Lake Road, Sudbury) Application: Signed By Report Prepared By Mauro Manzon Senior Planner Digitally Signed Feb 14, 11 Reviewed By Art Potvin Manager of Development Services Digitally Signed Feb 14, 11 Recommended by the Division Paul Baskcomb Director of Planning Services Digitally Signed Feb 14, 11 Recommended by the Department Bill Lautenbach General Manager of Growth and Development Digitally Signed Feb 14, 11 Recommended by the C.A.O. Doug Nadorozny Chief Administrative Officer Digitally Signed Feb 15, 11 To amend By-law Z being the City of Greater Sudbury Zoning By-law from "M2", Light Industrial to "M2-Special", Light Industrial Special. Proposal: Application for rezoning in order to permit an automotive sales establishment accessory to an automotive repair shop. The applicant would like to sell used cars accessory to an auto repair business. The sketch shows a maximum capacity of 24 vehicles. The applicant envisions an average stock of automobiles. Official Plan Conformity: Page 21 of 59

22 The subject property is designated as General Industrial in the Official Plan. In these areas, a range of industrial uses are permitted, including manufacturing, fabricating, processing and assembling of industrial and consumer products; the repair, packaging and storage of goods and materials; and related industrial activities. Complementary uses that are compatible with the operation of industrial uses, such as administrative offices, are also permitted. Heavy industrial uses may be permitted subject to the rezoning process. An automotive sales establishment (used car lot) does not conform to the intent of the Official Plan, which seeks to preserve such lands for industrial uses. Site Description & Surrounding Land Uses: The subject property is located on the north side of Kelly Lake Road just west of Junction Creek. The area forms an agglomeration of industrial uses and is fully serviced by municipal sewer and water. The subject lot has a total area of 0.6 ha, with a road frontage of 61 m and a depth of 96 m. An approximate 0.23 ha, southwesterly portion of the property is subject to the lease agreement. A one-storey, 202 m2 industrial building occupies the site. The fenced yard located to the rear of the building is being utilized as an open storage area for the abutting steel fabrication plant. The property backs onto the CP rail corridor. Industrial uses abut on each side of the property. A steel fabrication plant is located to the east (C & A Steel Fabricators Ltd Kelly Lake Rd). Kelly Lake Holdings Inc. is found to the west ( Kelly Lake Rd). Departmental & Agency Comments: Development Engineering Development Engineering has reviewed the above noted application. This site is presently serviced with municipal water and sanitary sewer. We have no objection to changing the zoning classification from "M2" Light Industrial to "M2-Special" Light Industrial Special to permit an automotive sales establishment accessory to an automotive repair shop. Transportation Engineering No concerns. Neighbourhood Consultation: A neighbourhood meeting was not recommended due to the industrial location. As of the date of this report, no phone calls or written submissions have been received. Planning Considerations: Planning Services cannot support the application based on the following considerations: The proposal is not consistent with the Official Plan based on the uses permitted in General Industrial areas. Given the demand for light industrial properties, commercial uses such as automotive sales Page 22 of 59

23 establishments should be directed to Mixed Use Commercial areas. Industrial uses will be displaced if commercial uses are allowed to infiltrate industrial zones. An automotive sales establishment (used car lot) does not form a good fit with the existing mix of industrial uses in the area. Although the proponents describe the proposed use as minor in scale (10-12 cars on average with a maximum capacity of 24 cars), the rezoning would be permanent, thereby allowing any used car lot to be established at this location if the lessee decides to relocate in the future. Limiting the number of vehicles displayed for sale in the zoning by-law would be difficult to monitor. There are a number of other zones that would permit an automotive sales establishment, including C2, M1-1 and M1 zones. Currently there are no site specific exceptions in the zoning by-law that would permit an automotive sales establishment in an M2 zone. Approval would therefore establish an undesirable precedent. The Kelly Lake Road corridor represents an important industrial node at a strategic location in the City, which should not be compromised by rezoning approvals. Planning Services recommends that the application for rezoning be denied. Page 23 of 59

24 location sketch 1/1 Page 24 of 59

25 site plan 1/1 Page 25 of 59

26 survey plan 1/1 Page 26 of 59

27 Photo KELLY LAKE ROAD, SUDBURY - VIEW OF SUBJECT PROPERTY Photo KELLY LAKE ROAD, SUDBURY - WESTERLY INTERIOR SIDE YARD 751-6/10-38 Photography Feb 9, Photos 1/3 Page 27 of 59

28 Photo KELLY LAKE ROAD, SUDBURY - INDUSTRIAL PROPERTY ABUTTING WEST Photo KELLY LAKE ROAD, SUDBURY - STEEL FABRICATION PLANT ABUTTING EAST 751-6/10-38 Photography Feb 9, Photos 2/3 Page 28 of 59

29 Photo KELLY LAKE ROAD, SUDBURY - INDUSTRIAL COMPLEX OPPOSITE SUBJECT PROPERTY 751-6/10-38 Photography Feb 9, Photos 3/3 Page 29 of 59

30 Request for Decision Application for rezoning in order to permit a multiple dwelling with four (4) units on a lot zoned for a low density residential use, Howey Drive - L.S. Bock Developments Inc Presented To: Planning Committee Presented: Tuesday, Mar 01, 2011 Report Date Monday, Feb 14, 2011 Type: Public Hearings File Number: 751-6/10-40 Recommendation That the application by L.S. Bock Developments Inc. to amend By-law Z being the City of Greater Sudbury Zoning By-law by changing the zoning classification of lands described as PIN , Lot 116, Plan M-131 in Lot 3, Concession 3, Township of McKim from "R2-2", Low Density Residential Two to "R3-Special", Medium Density Residential Special be denied. STAFF REPORT Applicant: L.S. Bock Developments Inc. Location: PIN , Lot 116, Plan M-131 in Lot 3, Concession 3, Township of McKim (Howey Drive, Sudbury) Application: To amend By-law Z being the City of Greater Sudbury Zoning By-law from "R2-2", Low Density Residential Two to "R3-Special", Medium Density Residential Special. Signed By Report Prepared By Mauro Manzon Senior Planner Digitally Signed Feb 14, 11 Reviewed By Art Potvin Manager of Development Services Digitally Signed Feb 14, 11 Recommended by the Division Paul Baskcomb Director of Planning Services Digitally Signed Feb 14, 11 Recommended by the Department Bill Lautenbach General Manager of Growth and Development Digitally Signed Feb 14, 11 Recommended by the C.A.O. Doug Nadorozny Chief Administrative Officer Digitally Signed Feb 15, 11 Proposal: Application for rezoning in order to permit a multiple dwelling with four (4) units. Site specific relief is required for planting strips and the building setback from the rail corridor, amongst other matters. Official Plan Conformity: The subject property is designated as Living Area I in the City of Greater Sudbury Official Plan. In low density neighbourhoods, single detached, semi-detached and duplex dwellings are permitted to a maximum net density of 36 units per hectare. Page 30 of 59

31 New residential development must be compatible and form a good fit with the existing physical character of established neighbourhoods. Consideration is given to the size and configuration of lots, the predominant built form, building setbacks, building heights and other relevant zoning provisions applied to nearby properties. In reviewing applications for rezoning in Living Areas, the following criteria under Section of the Official Plan are to be considered: suitability of the site to accommodate the proposed density and building form; physical compatibility with the surrounding neighbourhood in terms of scale, massing, height, siting, and setbacks; adequate on-site parking; and, traffic impact on local streets. Conformity with the Official Plan is based on a review of the above noted considerations. Site Description & Surrounding Land Uses: The subject lot is located on the south side of Howey Drive, east of Somerset Street. The area is fully serviced by municipal sewer and water. Howey Drive is designated as a secondary arterial road. The vacant lot has a total area of 699 m2, with 12.1 m of road frontage and an approximate depth of 58 m. A single detached dwelling built in 1955 abuts to the east (957 Howey Drive). A triplex constructed in 1951 is situated immediately to the west (947 Howey Drive). As illustrated on the attached as-built drawing, both dwellings are very close to their respective lot lines: the setback at the northeasterly corner of the abutting triplex is just over 0.3 m (1 ft.); the single detached dwelling to the east is only a few inches from the lot line. Lands directly opposite the subject property are undeveloped. The subject lot backs onto the Canadian Pacific railway. The rail corridor is located at a lower elevation compared to the adjacent residential uses (see photos and elevations map). Departmental & Agency Comments: Development Engineering Development Engineering has reviewed the above noted application. This site is presently serviced with municipal water and sanitary sewer. The multiple dwelling unit must share one water service and one water meter. If the water or sanitary services need upgrading for this development, all associated costs must be borne by the applicant. We have no objection to changing the zoning classification from a "R2-2", Low Density Residential Two to a "R3-S", Medium Density Residential Special Zone to permit the construction of a multiple dwelling containing four dwelling units. Transportation Engineering Further to your letter dated January 5, 2011 received in our office on January 12, 2011, Roads and Transportation Staff have reviewed this application and can provide the following comments: The owner understands and agrees that he will transfer to the City a 2 metre strip of property along the Page 31 of 59

32 entire frontage of Howey Drive 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. Neighbourhood Consultation: The applicant was advised of Council s policy concerning neighbourhood consultation. The proponent was further advised to contact the ward Councillor to discuss the matter. As of the date of this report, one phone call has been received from an abutting property owner concerned about the scale of development, servicing and rear yard privacy. Planning Considerations: The primary concern related to this application is the suitability of the site, and whether the proposal represents an over-development of the lot. Zoning conformity In order to accommodate development, a range of site specific relief is required as follows: 1. Lot frontage: 12.1 m where 18 m are required for multiple dwellings; 2. Special setback to railroad right-of-way: 8.2 m where 30 m are required; and, 3. Full relief for planting strips in the interior side yards, which are required where an R3 zone abuts low density residential zones. Planting strips cannot be implemented due to the narrow 12 metre (40 foot) lot. Mix of existing housing An inventory of uses along this portion of Howey Drive (easterly from Devon Road to 961 Howey) indicates that the predominant housing types are single detached dwellings and duplexes. There are also two (2) semis and two (2) triplexes in the adjacent area. A two-storey, single detached dwelling abuts to the east (957 Howey Drive). A triplex is situated immediately to the west (947 Howey Drive). Further to the east is a multiple dwelling that appears to have been unoccupied for some time, as the windows are boarded up (943 Howey Drive). Lands directly opposite the subject property are undeveloped. Given the existing mix of housing, it is generally felt that a duplex dwelling would be more appropriate given the narrow lot. The parking configuration, which would have vehicles directly abutting the lot line is also out of character with the existing neighbourhood context. Summary Planning Services cannot support the application as it represents an over-development of the lot, as reflected by the site specific relief required from zoning provisions. In this regard, the proposal fails to meet a key requirement of the Official Plan. In order to provide parking and driveway access, the full width of the lot would have to be paved, with minimal landscaping in the front yard. Planting strips, normally intended to buffer and screen medium density uses from abutting low density housing, cannot be implemented in such a situation. A duplex would Page 32 of 59

33 be the more appropriate housing form given the size of the lot. Planning Services recommends that the application for rezoning be denied. Page 33 of 59

34 location sketch 1/1 Page 34 of 59

35 site plan 1/1 Page 35 of 59

36 As-built Howey 1/1 Page 36 of 59

37 Elevations /1 Page 37 of 59

38 Photo 1 HOWEY DRIVE, SUDBURY - VIEW OF SUBJECT LOT FACING SOUTH Photo HOWEY DRIVE, SUDBURY - TRIPLEX ABUTTING TO THE WEST 751-6/10-40 Photography Feb 9, Photos 1/3 Page 38 of 59

39 Photo HOWEY DRIVE, SUDBURY - SINGLE DETACHED DWELLING ABUTTING EAST (ON RIGHT) Photo 4 HOWEY DRIVE, SUDBURY - INTERIOR VIEW OF LOT SHOWING RISE IN ELEVATION AT REAR WITH RAIL CORRIDOR BEYOND 751-6/10-40 Photography Feb 9, Photos 2/3 Page 39 of 59

40 Photo HOWEY DRIVE, SUDBURY - ADJACENT UNOCCUPIED MULTIPLE DWELLING 751-6/10-40 Photography Feb 9, Photos 3/3 Page 40 of 59

41 letter of concern 1/1 Page 41 of 59

42 Request for Decision Extension of Draft Approval, Draft Plan of Subdivision, Twin Lakes, Sudbury - Dalron Construction Limited Presented To: Planning Committee Presented: Tuesday, Mar 01, 2011 Report Date Monday, Feb 14, 2011 Type: Routine Management Reports File Number: 780-6/03001 Recommendation That upon payment of Council s processing fee of $2,500.00, the conditions of draft approval for the draft plan of subdivision of Parcel 49532, Lots 163 to 165, Plan M-423, and Part of Lakewood Drive, in Lot 2, Concession 2, Township of McKim a) By deleting condition #20 and replacing it with the following: "20. That this draft approval shall lapse on March 24, 2014." b) By inserting the following condition 25. That the registered Plan be integrated with the City of Greater Sudbury Control Network to the satisfaction of the Coordinator of the Geographic Information, Surveys and Mapping Section; provision of the final plan coordinate listings and an AutoCAD file of the resultant parcel fabric shall formulate part of this requirement. c) By adding the following conditions: 26. 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, 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. Signed By Report Prepared By Celia Teale Senior Planner Digitally Signed Feb 14, 11 Reviewed By Art Potvin Manager of Development Services Digitally Signed Feb 14, 11 Recommended by the Division Paul Baskcomb Director of Planning Services Digitally Signed Feb 14, 11 Recommended by the Department Bill Lautenbach General Manager of Growth and Development Digitally Signed Feb 14, 11 Recommended by the C.A.O. Doug Nadorozny Chief Administrative Officer Digitally Signed Feb 15, The owner 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 borne totally by the owner. 28. The owner 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 borne totally by the owner. Page 42 of 59

43 Background: The proposed subdivision is located between Bethel Lake and South Bay Road as shown on the attached sketch. The subdivision received draft approval from Council on July 25th, 2003 and was appealed to the Ontario Municipal Board. The Ontario Municipal Board approved the subdivision on March 24, The applicant has been granted three year extensions as such condition #20 of the draft approval presently states that the draft approval shall lapse on March 24th, To date, no phase of the subdivision has been registered. An amending zoning by-law has been passed, rezoning the property to "R1", Single Residential Zone and Official Plan Amendment No 220 was approved on April 15, 2003 providing an exception that "no lots shall have a road frontage of less than 16.3 m". The above noted plan of subdivision proposed the creation of 72 lots and a block for Parkland use. Development Engineering Add the following conditions: 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, 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. The owner 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. The owner 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. Summary Attached are the current conditions of draft approval applicable to this development as well as a sketch of the draft approved plan. City Council s policy with respect to extensions to draft approvals requires the payment of a processing fee of one half the current application fee for a three year extension, to a maximum of $2, In accordance with City Council policy concerning the fee for a three year extension with respect to this subdivision the following calculation is provided: Base Fee $1, lots X $68.00 $3, lots X $ Total Fee $6, % of the total fee - $3, Page 43 of 59

44 Therefore a maximum fee of $2, applies. It is recommended that the extension be granted upon payment of Council s processing fee. Page 44 of 59

45 location sketch 1/1 Page 45 of 59

46 draft plan 1/1 Page 46 of 59

47 conditions 1/4 Page 47 of 59

48 conditions 2/4 Page 48 of 59

49 conditions 3/4 Page 49 of 59

50 conditions 4/4 Page 50 of 59

51 Request for Decision Extension to Draft Approval, Pondsview Court, Sudbury - Broder Sudbury Developments Presented To: Planning Committee Presented: Tuesday, Mar 01, 2011 Report Date Monday, Feb 14, 2011 Type: Routine Management Reports File Number: 780-6/93009 Recommendation That upon payment of the processing fee of $1, prior to the lapsing date of April 16, 2011, the conditions of draft approval for the draft plan of subdivision of Parts of Parcel 48646, & S.E.S., Lots 4 and 5, Concession 6, Township of Broder, City of Greater Sudbury, File 780-6/93009, be amended. a) By deleting Condition # 28 and replacing it with the following: 28. That this draft approval shall lapse on April 16th, b) By deleting condition # 16. c) By inserting the following condition 32. That the registered Plan be integrated with the City of Greater Sudbury Control Network to the satisfaction of the Coordinator of the Geographic Information, Surveys and Mapping Section; provision of the final plan coordinate listings and an AutoCAD file of the resultant parcel fabric shall formulate part of this requirement. d) By inserting the following conditions Signed By Report Prepared By Celia Teale Senior Planner Digitally Signed Feb 14, 11 Reviewed By Art Potvin Manager of Development Services Digitally Signed Feb 14, 11 Recommended by the Division Paul Baskcomb Director of Planning Services Digitally Signed Feb 14, 11 Recommended by the Department Bill Lautenbach General Manager of Growth and Development Digitally Signed Feb 14, 11 Recommended by the C.A.O. Doug Nadorozny Chief Administrative Officer Digitally Signed Feb 15, 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, 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. 34. The owner 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. 35. The owner 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 Page 51 of 59

52 collection system and/or sewage lift stations to service this subdivision will be bourne totally by the owner. Background: The above noted draft plan of subdivision in the City of Sudbury proposes the creation of 20 single residential lots The subdivision was rezoned from "RR-4", Row Dwelling Residential Special and "R2-10", Double Residential Special to "R1", Single Residential in June of The subject lands are zoned "R1-5", Low Density Residential - One in By-law Z. The original draft approval from Council was issued on January 14, The most recent amendment to the draft approval was issued by Council on March 11, 2009 for a two year extension. Attached for the information of the Committee is a copy of Council s Conditions of Draft Approval. At that time, Council established Condition # 28 of this draft approval which stated this draft approval shall lapse within three years of the date of draft approval if final approval has not been granted. Draft approval is set to lapse on April 16, Accordingly, on January 7, 2011 the Growth and Development Section received a request from Broder Sudbury Developments (correspondence attached) for a three year extension to the draft approval. Owners are advised to contact the Planning Services Division a minimum of four months prior to the lapsing date in order to facilitate the processing time associated with draft plan of subdivision approval extension requests. Applicants must reapply for subdivision approval if a draft plan approval has lapsed. There is no other avenue for relief. The following agencies and departments were asked to review this request before Council and the conditions of draft approval imposed by Regional Council. Their comments are as follows: Development Engineering With regards to the draft plan conditions Development Engineering has the following comments: Remove Condition 16. Add the following conditions: 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, 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. The owner 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. The owner 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. Summary It is our opinion that there are no land use matters which need to be addressed at this time. In view of the above noted technical comments from the various departments and agencies, it would be appropriate for Page 52 of 59

53 Council to amend the conditions of final plan approval to include the items thereby described. It is recommended that a two year extension be granted upon payment of Council s processing fee of $1, prior to the April 16th, 2011 lapsing date. In accordance with City Council policy concerning the fee for a three year extension with respect to this subdivision the following calculation is provided: Base Fee $1, lots X $68.00 per lot $1, Total Fee $3, % of the total fee represents $1, (for a three year extension). (Note: Original lapsing dates (ie. April 16th, 2006) are used as the point from which all draft plan of subdivision requests for lapsing date extension are granted.) Page 53 of 59

54 location sketch 1/1 Page 54 of 59

55 subdivision plan 1/1 Page 55 of 59

56 conditions 1/3 Page 56 of 59

57 conditions 2/3 Page 57 of 59

58 conditions 3/3 Page 58 of 59

59 letter from owner 1/1 Page 59 of 59