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, June 1st, 2010

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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, June 1st, 2010 at 5:30 pm Council Chamber, Tom Davies Square Ordre du jour réunion du Comité de la planification qui aura lieu mardi 1e juin 2010 à 17h 30 dans la Salle du conseil, Place Tom Davies

2 PLANNING COMMITTEE AGENDA For the 72nd Planning Committee Meeting to be held on Tuesday, June 1, 2010 Council Chamber, Tom Davies Square at 5:30 pm COUNCILLOR ANDRÉ RIVEST, CHAIR Frances Caldarelli, 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 s Office prior to the meeting if you require a hearing amplification device. Persons requiring assistance are requested to contact the City Clerk s 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 on the City s website 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 Caldarelli, will rise and report the results of the Closed Meeting". The Committee will then consider any recommendations. PLANNING COMMITTEE (72 nd ) ( ) - 1 -

3 PUBLIC HEARINGS 1. Report dated May 19, 2010 from the General Manager of Growth and Development regarding Draft Comprehensive Zoning By-law for the City of Greater Sudbury. (RECOMMENDATION PREPARED) dated May 5, 2010 from Erkki Leinala; Letter received April 23, 2010 from Brian Miller; Letter dated May 11, 2010 from B. H. Lauber; Letter dated May 12, 2010 from Velma and Denis de Laplante; dated May 10, 2010 from Brian Miller; Letter dated May 10, 2010 from Marguerite Noël; dated May 9, 2010 from Judy Johnson; dated May 6, 2010 from Michel and Lorraine Robillard; Letter received May 10, 2010 from Robert and Christine Gauthier; Letter dated May 10, 2010 from Joe Conaty; Letter dated May 10, 2010 from Michelle Conaty; Letter dated May 6, 2010 from Sharon and William Orlak; Letter dated May 12, 2010 from Mac Sinclair, Sinclair & Sinclair, Barristers & Solicitors. 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 CORRESPONDENCE FOR INFORMATION ONLY REGULAR AGENDA PLANNING COMMITTEE (72 nd ) ( ) - 2 -

4 REFERRED AND DEFERRED MATTERS MANAGERS' REPORTS ADDENDUM DELEGATIONS / PRESENTATIONS 10:00 P.M. ADJOURNMENT (RECOMMENDATION PREPARED) (Two-thirds majority required to proceed past 10:00 P.M.) LISA OLDRIDGE, Deputy City Clerk LIZ COLLIN, Planning Committee Secretary PLANNING COMMITTEE (72 nd ) ( ) - 3 -

5 COMITÉ DE LA PLANIFICATION ORDRE DU JOUR Pour la 72e réunion du Comité de la planification qui aura lieu le 1 juin 2010 dans la Salle du conseil, Place Tom Davies, à 17h 30 CONSEILLER ANDRÉ RIVEST, PRÉSIDENT(E) Frances Caldarelli, 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 greffi re 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 4209; appareils de télécommunications pour les malentendants (ATS) Vous pouvez consulter l ordre du jour au site Web de la Ville au 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 conseillère Caldarelli, se lève maintenant et en présente les résultats. Le Comité examine ensuite les recommandations. COMITÉ DE LA PLANIFICATION (72 e ) ( ) - 1 -

6 AUDIENCES PUBLIQUES 1. Rapport du directeur général de la croissance et du développement, daté du 19 mai 2010 portant sur Nouveau règlement municipal de zonage général. (RECOMMANDATION PRÉPARÉE) 8-71 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 CORRESPONDANCE À TITRE D'INFORMATION Ordre du jour ordinaire QUESTIONS RENVOYÉES ET QUESTIONS REPORTÉES RAPPORTS DES GESTIONNAIRES ADDENDA DÉLÉGATIONS / PRÉSENTATIONS COMITÉ DE LA PLANIFICATION (72 e ) ( ) - 2 -

7 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 municipal adjointe LIZ COLLIN, Secrétaire du Comité de la planification COMITÉ DE LA PLANIFICATION (72 e ) ( ) - 3 -

8 Request for Decision Draft Comprehensive Zoning By-law for the City of Greater Sudbury Presented To: Planning Committee Presented: Tuesday, Jun 01, 2010 Report Date Wednesday, May 19, 2010 Type: Public Hearings Recommendation That the Comprehensive Zoning By-law for the City of Greater Sudbury be approved, subject to the following: 1. That the draft Zoning By-law be revised: a) To include Option 1 for Boarding House Dwelling and Rooming Houses as set out in the staff report; b) To include the revisions as set out in Attachments 2, 3 and 4 of the staff report; and 2. That the draft Zoning By-law be finalized by staff for enactment by Council. Signed By Report Prepared By Eric Taylor Senior Planner Digitally Signed May 19, 10 Reviewed By Art Potvin Manager of Development Services Digitally Signed May 19, 10 Recommended by the Division Paul Baskcomb Acting Director of Planning Services Digitally Signed May 19, 10 Recommended by the Department Background Bill Lautenbach General Manager of Growth and At the time of transition to the City of Greater Sudbury in 2001, Development Digitally Signed May 19, 10 two major planning projects that were identified as emanating from the transition were the preparation of a new Official Plan to Recommended by the C.A.O. Doug Nadorozny replace the official plans and secondary plans of the former Chief Administrative Officer Region and amalgamated Townships and the development of a Digitally Signed May 19, 10 new Comprehensive Zoning By-law. On June 14, 2006, the City adopted its new Official Plan which was largely approved by the Ministry of Municipal Affairs and Housing on March 7, Site specific appeals on the Official Plan were resolved by the Ontario Municipal Board in 2007 and The new Comprehensive Zoning By-law will implement the new Official Plan for the City of Greater Sudbury. The new By-law will also create one Comprehensive Zoning By-law for the City, replacing the eight existing Zoning By-laws, six of which are by-laws for municipalities in the former Region and two that cover lands in the amalgamated Townships. The new By-law will provide consistent zoning regulations and definitions throughout the City. Finally, the new Comprehensive By-law will address a number of zoning issues which have arisen in recent years through the issuance of building permits, enforcement, minor variances and enquiries at the City. In 2007 with the City s new Official Plan in effect, planning staff commenced the process of reviewing and Page 8 of 71

9 consolidating the eight existing Zoning By-laws to form a new comprehensive and up-to-date zoning by-law. At the present time the City of Greater Sudbury is affected by the following Zoning By-laws. By-law Z, City of Sudbury By-law , Towns of Valley East and Onaping Falls By-law , Town of Capreol By-law , Town of Rayside Balfour By-law , Town of Walden By-law , Town of Nickel Centre By-law Z Townships of Cleland, Scadding, Parts of Dryden and Dill By-law Z Townships of Parkin, Aylmer, MacKelcan and Rathbun A first draft of the Zoning By-law was released to the public in January 2010 and circulated for public review and input. Eight open houses were held throughout the City in January and February of this year with approximately three hundred attendees. In addition more than 70 written submissions were received on the first draft. A second draft of the Zoning By-law was prepared following the April 20, 2010 meeting of the Planning Committee which considered a report on comments provided by agencies and the public and recommended revisions to the first draft. It has been an objective to have a final document ready by the Spring of 2010 and to have a new Comprehensive Zoning By-law enacted by this term of Council. The draft By-law is intended to be easier to use than the existing By-laws. For example, the existing By-laws require the reader to check several different places to determine where a particular use is permitted. The draft By-law employs a table format listing all uses along with the zones they are permitted in and terms that are defined in the By-law are set out in italics. Public Notice and Input Notice of the public open houses and the June 1, 2010 public hearing were provided in accordance with the requirements of the Planning Act and the City s Official Plan. In addition approximately 73,000 notices of the public open houses were delivered by Canada Post to residents and businesses within the City. Advertisements of the pubic open houses were also aired on four local radio stations. The January and May 2010 versions of the draft By-law have also been made available to the public on the City s web site and at all City Libraries and Citizen Service Centres. The report to the April 20, 2010 Planning Committee addressed 72 written comments that had been received from the public. The report included a staff comment on each, which in some cases included that the draft by-law be revised and in other cases that no changes should be made. The Planning Committee and Council endorsed the recommendation that the draft by-law be revised as set out in the staff comments in Table 1 to the April 20, 2010 staff report. A copy of the April 20, 2010 staff report is included as Attachment 5 to this report. Since the April 20, 2010 Planning Committee meeting the City has received several written submissions which are included as Attachment 6. Most of these submissions are with respect to the permission of boarding house dwellings and rooming houses in R3, R3-1 and R4 zones which are addressed later in this report. Other matters that comments have been received on are addressed below: 1. Erkki Leinala - Part Lot 7, Concession 5, Broder Township Page 9 of 71

10 Mr. Leinala has requested that the Crown lands located between the Leinala subdivision and Highway 17, west of Long Lake Road, be zoned as Park. Staff comment: The Crown lands are currently designated "Rural" in the City s Official Plan and are currently zoned "Rural" in City of Sudbury Zoning By-law Z. The draft Zoning By-law shows the lands to be zoned Rural. Staff are of the opinion that the "Rural" zoning should remain, in conformity with the "Rural" designation in the Official Plan and that no change is required to the draft zone mapping. 2. Sinclair and Sinclair Mac Sinclair has requested that a portion of Vale Inco s property in Lot 6, Concession 5, McKim Township, west of Frood Road north of the Lasalle extension should be M4. Staff Comment: On the draft zone mapping a portion of the Vale Inco lands located west of Frood Road over to the boundary between Lot 7 and Lot 6, were included as part of Frood Road. Staff agree with Mr. Sinclair that this error should be corrected and the Vale Inco lands be zoned M4 as they are in the existing Bylaw Z. This revision has been included on Attachment 3 as a recommended mapping change. Municipal Heritage Committee The Heritage Committee considered the draft Zoning By-law at its meeting on May 10, 2010 and passed the following resolution. Given, the draft Zoning Bylaw does not reflect the spirit of Council's 2006 adopted Official Plan with respect to Section 13.0 Heritage Resources. And given that MHC was appointed by Council in 2008 to advise Council on matters of Heritage protection. And given that the Bylaw provides no temporary measure of control that would allow MHC to designate valuable heritage resources, a time consuming procedure, according to the Ont. Heritage Act. And given this shortcoming, MHC advises Council to instruct City staff to introduce appropriate measures in the Draft Zoning Bylaw that will provide MHC an assurance that unprotected heritage resources will be brought to MHC's attention if in jeopardy. While the Planning Act allows in Section 34, for zoning by-laws to address the protection of natural features and significant archaeological resources, it does not provide for zoning by-laws to address the preservation of heritage resources. Planning staff note that the interests of heritage preservation are most suitably addressed firstly through identifying an inventory of heritage resources and the designation of properties and buildings and Heritage Conservation Districts under the Heritage Act. The Heritage Committee is still in the process of preparing an inventory of heritage resources in the City and no Heritage Conservation District has been initiated or approved as yet. Planning staff note that following the identification of a Heritage Conservation District there may be a role for the Zoning By-law to play in supporting the Conservation District Plan. A Heritage Conservation District Plan would assist in providing direction on zoning provisions that may be appropriate to include in a Zoning By-law for the Heritage District. Given the above, planning staff do not consider it reasonable or appropriate to include provisions in the Zoning By-law at this time addressing heritage matters. Temporary Shipping and Storage Containers and Bicycle Parking The report to the April 20, 2010 Planning Committee included that staff would prepare provisions Page 10 of 71

11 addressing the temporary placement of shipping and storage containers on lots and provisions regarding bicycle parking, but did not include specific details in the report. The May 2010 draft By-law includes these new provisions. Sections Temporary Shipping or Storage Containers and Section 5.8 Bicycle Parking are included as Attachment 1 to this report. Section 4.40, Uses Permitted in All Zones Staff are bringing to the attention of the Committee that the May 2010 draft includes a public refuse collection area, receptacle or structure as a use to be permitted in all zones. This use had not been included in the January 2010 draft of the By-law and had not been identified as a change to be included in the future draft. Other uses which had appeared in the January 2010 draft that are not specifically listed in the existing Z and series By-laws include a transit station and a storm water management pond. Revisions being Recommended to the May 2010 Draft By-law In the course of reviewing the second draft (May 2010) and in response to further input, the following revisions are recommended: 1. Boarding House Dwellings and Rooming Houses The City of Greater Sudbury with three post Secondary Institutions, College Boreal, Cambrian College and Laurentian University is considered a centre of education in Northeastern Ontario. As each of these institutions expands their programs they continue to attract increasing numbers of students to the City which need to be accommodated in some form of housing. As is the case with most post secondary institutions the demand for student accommodation exceeds what is typically available on campus. In certain cases this has led to the establishment of illegal boarding house dwellings and rooming houses, in particular in areas in proximity to the schools. It is noted that the City has had some success in prosecuting these illegal establishments with Court convictions under the City s existing Zoning By-laws. Over the years boarding house dwellings and rooming houses have also filled a housing need for out of town employees in the mining industry. These housing forms also fill a short term housing need for other groups and in some cases fulfill a longer term housing need for some segments of the City s population which have come to rely on them as a permanent form of housing. The Provincial Policy Statement in Section 1.4 provides that planning authorities shall provide for an appropriate range of housing types and densities and permit all forms of housing to meet the social, health and well-being requirements of current and future residents. The City s Official Plan in Section 18 also encourages a wide range of housing types and forms suitable to meet the housing needs of all current and future residents including housing that is affordable and appropriate to low income groups and people with special needs. As part of preparing the draft Zoning By-law staff reviewed other municipal zoning by-laws to gain a perspective on approaches that have been adopted on a variety of issues. With respect to boarding, and rooming houses, staff observed that several municipalities permit boarding, rooming or lodging houses in medium and higher density residential zones as well as in some commercial zones (ie. Downtown or mixed commercial zones). The January 2010 draft Zoning By-law considered by the Planning Committee on January 12, 2010 included boarding house dwellings and rooming houses in the new "C6", Downtown Commercial Zone, which replaces the "C8", Metro Centre zone in By-law Z. Portions of downtown Capreol, Chelmsford and Lively are also proposed to be zoned C6(1) and also permit boarding house dwellings and rooming houses. Boarding house dwellings were also included in the new Medium Density Residential, R3 and R3-1 Zones, with rooming houses to be permitted in the new R3, R3-1 and R4 zones. Page 11 of 71

12 The inclusion of boarding house dwellings and rooming houses in R3, R3-1 and R4 zones was intended to augment the existing permission for these uses in the "C8", Metro Centre Zoned lands (By-law Z) as potential locations for this type of housing within the City. The addition of these medium and high density residential zones as a potential location of boarding house dwellings and rooming houses also provided an alternative to such uses being illegally established in R1 and R2 Low Density Residential zoned areas of the City. At the April 20, 2010 Planning Committee, three members of the public spoke with respect to their concerns regarding the permission of boarding house dwellings and rooming houses in the R3, "R3-1", Medium Density Residential and "R4", High Density Residential zones. Several of the concerns focused on students being residents of the boarding and rooming houses. Following the April 20, 2010 Planning Committee meeting, planning staff have received several written submissions from the public on the issue of boarding house dwellings and rooming houses, which are attached to this report. Most of these comments refer to concerns of students and student housing. As noted by Planning Staff at the April 20, 2010 Planning Committee meeting, the Planning Act does not allow for people zoning. Specifically, Section 35(2) of the Planning Act, provides that municipalities do not have, the authority to pass a by-law that has the effect of distinguishing between persons who are related and persons who are unrelated in respect of the occupancy or use of a building or structure or a part of a building or structure, including the occupancy or use as a single housekeeping unit. Further, recent decisions from the Ontario Municipal Board provide that municipalities are bound by the Ontario Human Rights Code and have to consider the needs of everyone when enacting by-laws. With this in mind, it is important for the Committee and the public to understand that the issue at hand is, the boarding house dwelling and rooming house use and not the age, occupation, or other characteristics of potential occupants. As stated above, it was Staff s intention to provide greater opportunities for boarding house dwellings and rooming houses in the City by providing additional locations beyond downtown Sudbury and the few site specific exceptions that are in place today. This was intended to provide alternatives to the illegal conversion of dwellings into boarding house dwellings in the Low Density Residential zones (R1 and R2) which have been occurring. The Medium and Higher Density Residential zoned properties provide an opportunity for this form of housing, which would have minimal impact on the scale of development that would be permitted already on these lands. It is noted that most of the lands in these zones are developed with apartment buildings, row housing or street townhouses. While it is unlikely that most of these existing developed properties would be converted into rooming houses there is the potential that conversions could occur. It is noted that the definition of rooming house specifically provides that it does not include any dwelling, thereby prohibiting the use of a part of a semi-detached, duplex, row townhouse or multiple dwelling as a rooming house. In order to provide further clarity in the By-law on this, the rooming house definition will be revised to clarify that rooming houses are not permitted within these types of dwellings. Further, a special provision footnote will be added to Table 6.1 to clarify that rooming houses are not to be located within any dwelling. Since the April 20, 2010 Planning Committee meeting Planning Staff has given further thought to the Page 12 of 71

13 permission of boarding house dwellings and rooming houses in the Zoning By-law. Staff are still of the opinion that it is appropriate to increase the opportunity for such housing forms in the City. However, focusing these uses in medium and higher density residential zones located along the primary transportation corridors in the City is an alternative that Staff considers to be appropriate. This alternative is outlined below as Option 1 and would replace the current permission in the May 2010 draft to allow boarding house dwellings and rooming houses in all R3, R3-1 and R4 zones. Planning Staff are recommending Option 1 be approved and have included it in the Recommendation Section of this report. Option 2 below is the status quo, where only the permissions in the Existing Zoning By-laws for boarding and rooming houses are to be incorporated into the new By-law. Option 2 is not supported by Staff. Option 1 - Existing Zoning By-law permissions plus R3, R3-1 and R4 zones on primary arterial roads and three other specific roads In this option, boarding house dwellings and rooming houses will continue to be permitted where the existing Zoning By-laws allow them today. This includes in the new "C6", Downtown Commercial Zone in downtown Sudbury and where they are permitted by existing site specific exceptions to the Zoning By-laws. In addition, boarding house dwellings and rooming houses would also be permitted in R3, R3-1 and R4 zones only on lots abutting primary arterial roads and the following secondary arterial road sections: 1. Lasalle Boulevard between Notre Dame Avenue and Falconbridge Highway; 2. Regent Street between Paris and Lorne Street; and 3. Barrydowne Road between Kingsway and Lasalle Boulevard It is noted that the primary arterial roads are listed in Appendix 2 to the By-law, being the Arterial Road Classification Chart. Not all primary arterial roads include R3, R3-1 and R4 zones abutting them. The following Primary Arterial Roads have such zones abutting a portion of the road. Brady Street Douglas Street to Lloyd Street Dennie Street Municipal Road 84 to Hanna Avenue Elm Street Lorne Street to Municipal Road 35 Falconbridge Highway Kingsway to Skead Road Highway West City limit to east City limit Kingsway Lloyd Street to Highway 17 M.R Elm Street to Highway 144 M.R Lorne Street (at Big Nickel Road) to Highway 17 M.R Notre Dame Approx. 200 m south of Donaldson Crescent to Notre Dame (Community of Hanmer) Notre Dame Avenue Elm Street to Municipal Road 80 Paris Street Elm Street to Regent Street Regent Street Paris Street to Ida Street Ste. Anne Road Notre Dame to Elgin Avenue Page 13 of 71

14 With respect to including the secondary arterial road sections of Lasalle Boulevard, Regent Street and Barrydowne Road, staff note that these sections of roads are significant transportation corridors in the City. Significant portions of these road sections also have abutting lands designated as Mixed Use Commercial in the Official Plan, permitting a wide range of commercial uses. Further, the Official Plan encourages higher density housing forms in these areas. These road corridors are also served by transit and include a range of uses and amenities that would serve the residents of these forms of housing. Option 1 would require that Table 6.1 in the May 2010 draft be amended by adding a special provision number (7) to be applied to boarding house dwellings and rooming houses to limit their permission to primary arterial roads and the three additional roads noted above. Option 2 Existing Zoning By-law permissions This option would involve deleting the permission for boarding house and rooming house dwellings in the R3, R3-1 and R4 zones on Table 6.1 and the standards for boarding house dwellings and rooming houses on Table 6.5. An additional provision would need to be added to the C6(1) Downtown Commercial Special which covers portions of the downtown areas of Capreol, Lively and Chelmsford, to delete boarding house dwellings and rooming houses as permitted uses. Boarding house dwellings and rooming houses would only be permitted in the "C6", Downtown Commercial Zone in the former City of Sudbury and within the existing site specific exceptions that are currently in affect in the existing Zoning By-laws. Staff note that Option 2 does nothing to expand the locations or opportunities for boarding house dwellings and rooming houses in the City, beyond the Sudbury downtown (proposed C6 Zone) and the existing site specific zoned sites. For these reasons, Planning Staff do not support this option. 2. Shipping and Storage Containers As noted above, the April 20, 2010 Planning Committee report included that provisions allowing for the temporary storage of shipping containers on properties to be used as part of a move by residents or businesses. These provisions have been included in the May 2010 draft by-law. Staff note, however that the issue of the distribution of such containers has not been addressed in the May 2010 draft. As such, a further amendment is being suggested to allow shipping and storage containers to be distributed from "M2", Light Industrial and "M3", Heavy Industrial Zones. These zones are considered to be appropriate for the distribution of shipping and storage containers. Their distribution from Commercial or M1 or M1-1 zones where shipping containers are not allowed to be located, are not considered to be appropriate sites for their distribution. Section 4.34 Shipping and Storage Containers, is set out below with the suggested additional wording set out in bold SHIPPING AND STORAGE CONTAINERS Shipping and storage containers shall not be placed or used on any lot in a Residential (R), Commercial (C), Mixed Light Industrial/Service Commercial (M1) or Business Industrial (M1-1) Zone and shall only be located on a lot as: a) an accessory structure used in conjunction with a permitted agricultural, extractive, transport terminal or warehouse use; or, b) for the purposes of rental, sale or distribution from a Light Industrial (M2) or Heavy Industrial (M3) Zone for use off-site. This change has been included in Attachment 2 as a recommended amendment to the May 2010 Draft By-law. Page 14 of 71

15 3. Green Spaces Planning staff in conjunction with the City Real Estate and Leisure Services staff have identified thirty four sites that are included in the City s Green Space Plan Inventory, where zoning changes are considered to be appropriate to reflect the properties existing park, institutional or open space use. These recommended zone changes are set out on Attachment Legal Nonconforming and Legal-Noncomplying On Table 1 of the April 20, 2010 Planning Committee staff report, Sinclair and Sinclair had provided comments on Sections and dealing with the reconstruction of existing buildings that were legal non-conforming. In the report, staff had noted that they were still reviewing the decision of the Court on the Ottawa vs. TDL Group. In the May 2010 draft, the text was amended to delete the words, and provided that a building permit for the reconstruction is obtained within 24 months of the damage being done. Planning staff have consulted with Meridian Planning who are assisting the City in the preparation of the draft By-law and have come to the conclusion that the wording of this section should remain as set out in the May 2010 draft. 5. Hunting and fishing camps In the staff report to the April 20, 2010 Planning Committee, staff recommended the deletion of hunting and fishing camps which was included as a permitted use in the "RU", Rural zone in the January draft. In that report staff had noted concerns with permitting such structures as a main use on properties as it could lead to their conversion to seasonal dwellings or dwellings over time in areas where they otherwise would not be permitted. Staff had also noted in the April staff report that hunting and fishing camps were currently not permitted as a main use on a property. While it is correct that fishing and hunting camps are not permitted in the Z and the five series By-laws, By-laws Z and Z covering the formerly unorganized Townships that were added to the City in 2001, did allow such uses in their Rural Zone. As a result, in order that such uses, where they have been lawfully established, do not become legal non-conforming, staff are recommending that existing hunting and fishing camps be permitted in the Rural Zone. Any new hunting of fishing camps would require an amendment to the By-law. This change would require an amendment to Table 9.2 to add hunting or fishing camps as a permitted use in the Rural zone, with a special provision footnote limiting the use to only those that are legally existing. This change has been included in Attachment 2 as a recommended amendment to the May 2010 Draft By-law. 6. Definitions Definition 9 Alter which was in the January 2010 draft was deleted in error in the May 2010 draft and needs to be reinserted into the By-law. It is noted that the definition of "Alter" remains unchanged from that which has been in By-law Z and the series By-laws. This change has been included in Attachment 2 as a recommended amendment to the May 2010 Draft By-law. 7. Mapping revisions/edits In the review of the May 2010 draft by-law, staff has identified mapping errors that need to corrected. Those that staff has identified at the time of finalizing this report are set out on Attachment 4. As staff continue to review the draft by-law there will likely be additional errors identified that will also require correction prior to Council enacting the By-law. 8. Technical/Clerical and Administrative Refinements In the interest of having as accurate a document as possible, staff continue to review the document to Page 15 of 71

16 eliminate errors in the text, mapping and format and to eliminate conflicting provisions. Where errors/omissions are discovered staff will undertake to correct them so that the final By-law presented to Council for enactment is as accurate as possible. Summary The May 2010 draft Comprehensive Zoning By-law is the culmination of a review that began in 2007 following the approval of the new Official Plan by the Ministry of Municipal Affairs. The draft Zoning By-law represents a consolidation and rationalization of eight existing Zoning By-laws and provides a solid basis for implementing the Official Plan and regulating land use and development within the City. It has benefitted from extensive input and contributions of staff from several departments, agencies and the public. It is recommended that the draft Zoning By-law, with the revisions to include Option 1 addressing boarding and rooming houses as set out in the staff report be approved and the revisions set out in Attachments 2, 3 and 4 be approved and that the draft Zoning By-law be finalized by staff for enactment by Council. Should the Committee concur, the recommendation in this report should adopted. Page 16 of 71

17 ATTACHMENT 1 Provisions Currently Contained in the May 2010 Draft - Shipping and Storage Containers and Bicycle Parking Temporary Shipping or Storage Containers Notwithstanding Section 4.34, one shipping or one storage container shall be permitted on a lot within a Residential or Commercial or Institutional Zone for a maximum of 14 consecutive days for the purposes of being loaded or unloaded where a use, business or the occupants of a dwelling are moving from a lot to another lot. 5.8 BICYCLE PARKING a) A bicycle parking space shall have a minimum width of 0.6 m and length of 1.8 metres and shall be located: (i) (ii) adjacent to a structural element or in a rack securely anchored to the ground, to which the bicycle can be secured, or within a lockable enclosed storage space. b) An outdoor bicycle parking space may be located in any yard and shall be located in order to provide convenient access to main entrances or well-used areas. c) Required bicycle parking spaces may be located in parking areas, indoors or in a landscaped open space area but no bicycle parking space shall impede access to a building. d) The number of bicycle parking spaces required for uses shall be calculated in accordance with the standards set out in Table 5.10, below: Attachment 1 1/2 Page 17 of 71

18 Table 5.10: Bicycle Parking Requirements Use Minimum Parking Space Requirement Multiple dwelling with 6 or more 0.5/dwelling unit dwelling units Rooming house 0.25/guest room Commercial Recreation Centre; 2 spaces on a lot, plus 1 space per 500 m 2 gross floor area to a Office; maximum requirement of 24/lot Personal Service Shop; Place of Amusement; Retail Store; Restaurant; Service Shop; Service Trade; Shopping Centre Institutional, excluding school 2 spaces on a lot, plus 1 space per 500 m 2 gross floor area to a maximum requirement of 24/lot School Elementary and Secondary 1/10 students; University/College 0.5/guest room or dormitory room and 1/ 300 m 2 of gross floor area for any other building. Attachment 1 2/2 Page 18 of 71

19 Attachment 2 - Recommended Amendments to the May 2010 Draft By-law 1. That Section 4.34 be deleted and replaced with the following wording: 4.34 SHIPPING AND STORAGE CONTAINERS Shipping and storage containers shall not be placed or used on any lot in a Residential (R), Commercial (C), Mixed Light Industrial/Service Commercial (M1) or Business Industrial (M1-1) Zone and shall only be located on a lot as: a) an accessory structure used in conjunction with a permitted agricultural, extractive, transport terminal or warehouse use; or, b) for the purposes of rental, sale or distribution from a Light Industrial (M2) or Heavy Industrial (M3) Zone for use off-site. 2. That Table 9.2 be amended to add Hunting or Fishing Camp as a permitted use in the "RU", Rural zone along with the addition of a special provision restricting such use to those legally existing. 3. That Definition 9 - Alter which was in the January 2010 draft but was deleted in error in the May 2010 draft be reinserted into the By-law. Attachment 2 1/1 Page 19 of 71

20 Daniel Tot Lot Blezard Tot Lot R1-5 P Attachment 3 1/3 Page 20 of 71 1 ATTACHMENT 3 Green Space ID Green Space Sites Where Zoning Changes are Recommended Park Name Township War d Size (ha) Facilities/ Features May 2010 draft Zoning 1-3 Byng Public-CGS School McKim Tot Lot I P Marcel McKim Tot Lot R3-1 P Moxam Landing Waters Waterfront and Boat Launch R Vaillancourt Balfour Tot Lot/ Could be part of Waterway Park Vermilion Lake Park - 1 Fairbank Tot Lot R1-1 P Grand Marquis Park Balfour R1-5 P I.J. Cody Memorial Arena Levack Facility I, R2-2 P Vermilion Lake South Shore Property Fairbank 3 R RU H3P Heritage Park McKim Park Dedication R3-1, R2-2 P Little Britain Tot Lot McKim Tot Lot Spruce Meadows Park Rayside Park Dedication Trottier-Belanger Subdivision Rayside R1-5 P Parkwood Poplar Proposed Green Space R2-3 R1-5 McKim R2-2 OSP Zoning to be changed to: P P P P

21 Attachment 3 2/3 Page 21 of Proposed Confederation Phase II (added Aug 2009) Nelson Delta Geological Reserve (MNR) Blezard Hanmer/ Lumsden R1-5 RU, H3RU, EP Fawcett Park Capreol C1 P Prescott Park (CGS & CN Rail lands) Capreol Railway Museum C2, R Tower Road MacLennan Waterfront RU P Capreol Hotel across from Railway Station Talon Street Subdivision (Future Park) Capreol C6(1) Neelon Park Dedication R1-5 P Willowridge Park McKim R1-1 P McFarlane Lake - South Lane Road Dill Informal Boat Launch P OSC, EP I P R1-1 OSC Silver Lake Beach Broder Waterfront C2 and road P Worthington McKim Tot Lot R2-3 P North end of Lady Ashley McKim Adjoins R.L.Beattie Public School R2-2 P Stewart 2 (West) McKim Waterfront R1-5 P Maki Avenue Park McKim Waterfront/Unique Rock Formation R1-5 P Montel-Hunter CGS land McKim Trail Links R1-5 P St. Michael s Catholic School - Hill and Ravine Area Behind/South of WembleyDrive McKim Hilltop OSP P, R2-2 on lots fronting onto Hyland

22 Attachment 3 3/3 Page 22 of Riverdale Addition McKim R1-5 P East End Playground Neelon Rink/Open Space R1-5 P Avalon Road - Manor Road South Rio Can - Second Avenue Dog Park Neelon R3-1 P Neelon Dog Park FD OSC

23 Attachment 4 Recommended Mapping Revisions a) Part Lot 6, Concession 5, McKim Township, (west of Frood Road north of LaSalle Extension) are part of lands owned by Vale Inco and should be rezoned to "M4", Mining Industrial. b) Lots 88 and 89, Plan M31S, Lot 6, Concession 3, McKim Township, (located at the south west corner of Alder and Victoria Streets) This property is zoned "M1", Mixed Light Industrial/Service Commercial in the May 2010 draft By-law, but should have been zoned "M1-1", Business Industrial, similar to the change for all other M1 properties in the immediate area that were rezoned to "M1-1", Business Industrial. c) Parcel 5442, Lot 100 Plan M96, Lot 6, Concession 3, McKim Township (195 Douglas Street) This property is zoned "M1", Mixed Light Industrial/Service Commercial in the May 2010 draft By-law, but should have been zoned "M1-1", Business Industrial, similar to the change for all other M1 properties in the immediate area that were rezoned to "M1-1", Business Industrial. d) Northwest quarter of Lot 9, Concession 1, Broder Township This property is owned by the Shaar Hashomayim Congregation of Sudbury and has been used for several years as summer youth camp. The mapping in the May 2010 draft appears to have only zoned a portion of the property "OSR", Open Space - Recreation. The zoning should be changed to reflect the correct boundaries of the property. e) Canadian Pacific Railway from Douglas Street to Martindale Road A strip of Canadian Pacific Railway lands located between Lorne Street and Ontario Street extending from Douglas Street to Martindale Road is currently zoned in By-law Z, a combination of "R6", Established Residential and "R2", Double Residential Zones. Canadian Pacific rail line occupies the subject property. The draft May 2010 Zoning By-law zones the lands a combination of R3 and R2-3. Given the narrow width of the strip (ranging from approximately 20 m to 30 m) and its location between Lorne and Ontario Streets it would be more appropriate that these lands be zoned "OSP", Open Space - Private. It is noted that Section 4.40 provides that public railways are a permitted use in all zones and as such there is no impact to the status of the railway use as a result of this zone change. f) Canadian Pacific Rail yard (south of CPR Station) Lot 5, Concession 3 The Canadian Pacific Rail yard south of the CPR Station is currently zoned M1-7 in By-law Z, with the only uses permitted being rail uses and their accessory buildings and structures. A special exception M1(14) is included in the draft Zoning Bylaw carrying forward the same limitation on the uses. The zone mapping however does not show the M1(14) zone on the yard portion of the CP lands. All of the CP lands between Brady and Elizabeth have been shown as "C6", Downtown Commercial. The zoning of these lands should be revised to show the portion of the lands as being zoned M1(14). Attachment 4 1/1 Page 23 of 71

24 Attachment 5 - april staff report 1/32 Page 24 of 71

25 Attachment 5 - april staff report 2/32 Page 25 of 71

26 Attachment 5 - april staff report 3/32 Page 26 of 71

27 Attachment 5 - april staff report 4/32 Page 27 of 71

28 Attachment 5 - april staff report 5/32 Page 28 of 71

29 Attachment 5 - april staff report 6/32 Page 29 of 71

30 Attachment 5 - april staff report 7/32 Page 30 of 71

31 Attachment 5 - april staff report 8/32 Page 31 of 71

32 Attachment 5 - april staff report 9/32 Page 32 of 71

33 Attachment 5 - april staff report 10/32 Page 33 of 71

34 Attachment 5 - april staff report 11/32 Page 34 of 71

35 Attachment 5 - april staff report 12/32 Page 35 of 71

36 Attachment 5 - april staff report 13/32 Page 36 of 71

37 Attachment 5 - april staff report 14/32 Page 37 of 71

38 Attachment 5 - april staff report 15/32 Page 38 of 71

39 Attachment 5 - april staff report 16/32 Page 39 of 71

40 Attachment 5 - april staff report 17/32 Page 40 of 71

41 Attachment 5 - april staff report 18/32 Page 41 of 71

42 Attachment 5 - april staff report 19/32 Page 42 of 71

43 Attachment 5 - april staff report 20/32 Page 43 of 71

44 Attachment 5 - april staff report 21/32 Page 44 of 71

45 Attachment 5 - april staff report 22/32 Page 45 of 71

46 Attachment 5 - april staff report 23/32 Page 46 of 71

47 Attachment 5 - april staff report 24/32 Page 47 of 71

48 Attachment 5 - april staff report 25/32 Page 48 of 71

49 Attachment 5 - april staff report 26/32 Page 49 of 71

50 Attachment 5 - april staff report 27/32 Page 50 of 71

51 Attachment 5 - april staff report 28/32 Page 51 of 71

52 Attachment 5 - april staff report 29/32 Page 52 of 71

53 Attachment 5 - april staff report 30/32 Page 53 of 71

54 Attachment 5 - april staff report 31/32 Page 54 of 71

55 Attachment 5 - april staff report 32/32 Page 55 of 71

56 Attachment 6 letters of concern 1/16 Page 56 of 71

57 Attachment 6 letters of concern 2/16 Page 57 of 71

58 Attachment 6 letters of concern 3/16 Page 58 of 71

59 Attachment 6 letters of concern 4/16 Page 59 of 71

60 Attachment 6 letters of concern 5/16 Page 60 of 71

61 Attachment 6 letters of concern 6/16 Page 61 of 71

62 Attachment 6 letters of concern 7/16 Page 62 of 71

63 Attachment 6 letters of concern 8/16 Page 63 of 71

64 Attachment 6 letters of concern 9/16 Page 64 of 71

65 Attachment 6 letters of concern 10/16 Page 65 of 71

66 Attachment 6 letters of concern 11/16 Page 66 of 71

67 Attachment 6 letters of concern 12/16 Page 67 of 71

68 Attachment 6 letters of concern 13/16 Page 68 of 71

69 Attachment 6 letters of concern 14/16 Page 69 of 71

70 Attachment 6 letters of concern 15/16 Page 70 of 71

71 Attachment 6 letters of concern 16/16 Page 71 of 71