i. The only permitted uses shall be a maximum of two (2) multiple dwellings and related accessory uses;

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1 Presented To: Planning Committee Request for Decision Application for rezoning in order to permit 80 dwelling units, comprising two (2) six-storey multiple dwellings with 40 units, Paris Street, Sudbury Dalron Construction Limited Presented: Monday, Nov 04, 2013 Report Date Tuesday, Oct 22, 2013 Type: Public Hearings File Number: 751-6/13-20 Recommendation THAT the City of Greater Sudbury approve the application by Dalron Construction Limited to amend Zoning By-law Z by changing the zoning classification from "FD", Future Development to HR3-1(S)", Holding Medium Density Residential Special on those lands described as Part of PINs & , Part of Parcel S.E.S., Part of Part 1, Plan 53R-8269, Part 8, Plan 53R in Lot 6, Concession 1, Township of McKim, subject to the following conditions: a. That the owner provide the Development Approvals Section with a registered survey plan outlining the lands to be rezoned to enable the preparation of an amending zoning by-law; b. That prior to the issuance of a building permit, the owner shall enter into a Site Plan Control Agreement with the City, which amongst other matters shall incorporate pedestrian access from Block 11, Plan 53M c. That the amending by-law include the following site-specific provisions: Signed By Report Prepared By Mauro Manzon Senior Planner Digitally Signed Oct 22, 13 Recommended by the Division Eric Taylor Acting Director of Planning Services Digitally Signed Oct 22, 13 Recommended by the Department Paul Baskcomb Acting General Manager of Growth & Development Digitally Signed Oct 22, 13 Recommended by the C.A.O. Doug Nadorozny Chief Administrative Officer Digitally Signed Oct 22, 13 i. The only permitted uses shall be a maximum of two (2) multiple dwellings and related accessory uses; ii. The maximum building height shall be six (6) storeys; iii. A maximum of 80 dwelling units shall be permitted; iv. The minimum setbacks for the multiple dwellings shall be as follows: a) 15 metres from Lots 10, 12, 13 and Block 11 of Plan 53M-1255; b) 45 metres from Lots of Plan 53M d. That an "H", Holding designation be included in the amending by-law. The Holding designation shall not be lifted by Council until such time that the owner enters into an agreement with the City of Greater Sudbury with respect to the construction of an urban collector road providing an east-west connection between Paris Street and Regent Street (Marttila Drive extension). The agreement shall address the following:

2 i. The construction of Marttila Drive to an urban collector standard with a sidewalk on both sides; ii. The upgrading of the existing pedestrian signals at Paris Street to full signals; iii. The reconstruction of the existing portion of Marttila Drive on a cost-share basis with the City; iv. The opportunity for the City to proceed with the construction of Marttila Drive and charge back the owner through a front ending agreement; v. The owner transferring to the City the proposed Marttila Drive right-of-way, 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; and, vi. The owner updating the Traffic Impact Study to determine if any additional improvements are required to accommodate the development and to participate in the cost of any improvements or upgrades identified, including a review of the need and impact of a connection to Timber Ridge Court. STAFF REPORT Applicant: Dalron Construction Limited Location: Part of PINs & , Part of Parcel S.E.S., Part of Part 1, Plan 53R-8269, Part 8, Plan 53R in Lot 6, Concession 1, Township of McKim (Paris Street, Sudbury) Application: To amend By-law Z being the City of Greater Sudbury Zoning By-law from "FD", Future Development to "R4", High Density Residential. Proposal: Application for rezoning in order to permit 80 dwelling units, comprising two (2) six-storey multiple dwellings with 40 units each. Official Plan Conformity: The subject property is designated as Living Area 1 in the City of Greater Sudbury Official Plan. Within these areas, a range of residential uses are permitted subject to the rezoning process. Living Area Policies Applications for rezoning in Living Area 1 are reviewed based on criteria established under Section 3.2.1, including such matters as the suitability of the site, proposed density and built form, land use compatibility, the availability of on-site parking and the traffic impact on local streets. The Plan also places a strong emphasis on maintaining compatibility with surrounding uses. New residential development should form a good fit with the existing physical character of established residential areas. Residential intensification

3 Section 3.3 of the Plan addresses residential intensification in settlement areas. Opportunities for intensification will be supported on lands: a) that are no longer viable for the purpose for which they were intended, such as older industrial areas; b) where the present use is maintained but the addition of residential uses can be accomplished in a complementary manner; c) that are vacant and/or underutilized within previously developed areas; and, d) in fully-serviced Living Areas that could accommodate infill developments. The Plan establishes an intensification target of 10%, and encourages residential intensification in built-up urban areas offering proximity to services, amenities, employment areas and public transit. Conformity with the Official Plan is based on a review of the above noted considerations. Site Description & Surrounding Land Uses: The subject property is located on the west side of Paris Street opposite Nepahwin Lake. The area is fully serviced by municipal water and sanitary sewer. The South End Sewer Rock Tunnel crosses the southwesterly portion of the parent parcel. Total area of the subject land is approximately 1.7 ha (4.2 acres), with the remaining 6.8 ha (16.8 acres) to retain Future Development zoning. The entire parcel has approximately 20 m (66 ft.) of frontage on Paris Street. Once Marttila Drive is extended and transferred to the City, the proposed development will have approximately 187 m (614 ft.) of frontage based on the rezoning sketch. An attached aerial photo illustrates the subject land in relation to adjacent uses. The site is noted for the varied topography, including a significant amount of rock. The land to be rezoned is situated at a lower elevation compared to the abutting subdivision on Timber Ridge Court. Vegetation is predominantly a mix of pine and second-growth birch. The development site directly abuts semi-detached dwellings located on Timber Ridge Court, which was developed as a subdivision in A retirement home occupies land directly opposite the future road alignment (Southwind Retirement Residence, 1645 Paris Street). A nine-storey, 145-unit multiple dwelling with a large parking area to the rear is situated to the northeast (Birchglen Apartments, 1601 Paris Street). A four-storey, 55-unit multiple dwelling abuts to the east (Lakeview Apartments, 1693 Paris Street). Departmental & Agency Comments: Development Engineering This site is not presently serviced with sanitary sewer and municipal water. Sanitary sewer and municipal water will need to be extended along the proposed Marttila Drive road extension. This road extension must be constructed to a collector standard and a vehicle turnaround must be provided to City standards at the end of this roadway. We have no objection to changing the zoning classification from FD, Future Development to R4, High Density Residential provided that development proceeds by way of a Site Plan Control Agreement. The Site Plan Control Agreement will detail issues such as water and sewer servicing, stormwater management, and roadway construction. Roads and Transportation

4 The subject property is located along the future Marttila Drive Extension that will provide an east-west connection between Paris Street and Regent Street. The need for the Marttila Drive Extension has been reviewed a number of times as part of previous Transportation Master Plans and local development plans. These previous reviews indicate that the extension of Marttila Drive is an important link in the City s road network that will provide the following benefits: Reduce traffic volumes and congestion along Walford Road which is nearing capacity; Distribute the trips generated by the development to the existing road network in a balanced manner; Reduce traffic volumes through the critical Four Corners intersection; Improved collector road spacing, and; Improved emergency service access. The 2005 Transportation Background Study supports the Marttila Drive link between Paris Street and Regent Street indicating that the connection provides localized benefits to the road network and should be considered in conjunction with development in the immediate area. The application proposes the development of two six-storey multiple dwellings with 40 units each. This is in addition to a 120-unit retirement home that was approved last year. A Traffic Impact Study dated, June 11, 2013 was submitted by the owner as a condition of approval for the retirement home. The study also reviewed the impact of 80 apartment dwellings. The results of the analysis showed that with the additional traffic generated by the 80 apartment units, the level of service for the eastbound left turn movement onto Paris Street would be F with delays of nearly two minutes per vehicle in the afternoon peak hour. As a condition of approval, the owner is required to complete construction of the Marttila Drive extension to Regent Street. Marttila Drive is to be constructed as an urban collector with a sidewalk on both sides. The existing Marttila Drive is also to be reconstructed and the City will cost share on this project. The City reserves the right to proceed with the road construction prior to the development and charge back the owner as per the cost-sharing agreement via a front ending agreement. The owner will transfer to the City the proposed right-of-way, 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. It is expected that full traffic signals will be required at the intersection of Marttila Drive and Paris Street in conjunction with its extension to Regent Street. The owner is required to upgrade the existing pedestrian signals to full signals as a condition of approval. The owner is also required to update the Traffic Impact Study to determine if any additional improvements are required to accommodate the development and to participate in the cost of any improvements or upgrades identified. The Traffic Impact Study is to review the need and impact of the connection to Timber Ridge Court with Marttila Drive. Drainage Section Drainage Section has reviewed the above application and can advise that we have no objection to the proposed rezoning. Detailed comments will be provided at the site plan stage. Building Services Building Services has the following comments: 1. The rezoning of the property shall require a Site Plan Control Agreement and during that process, based on anticipated quantities of removal of rock through blasting, the following conditions

5 will be imposed: a) The developer will be required to provide a geotechnical report on how the work related to blasting shall be undertaken safely to protect adjoining structures and other infrastructure. The geotechnical report shall be undertaken by a blasting consultant defined as a professional engineer licensed in the Province of Ontario with a minimum of five (5) years experience related to blasting. b) The blasting consultant shall be retained by the developer and shall be independent of the contractor and any subcontractor doing blasting work. The blasting consultant shall be required to complete specified monitoring recommended in the report of vibration levels and provide a report detailing those recorded vibration levels. Copies of the recorded ground vibration documents shall be provided to the contractor and contract administration weekly or upon request for this specific project. c) The geotechnical report will provide recommendations and specifications on the following activity as a minimum but not limited to: Pre-blast survey of surface structures and infrastructure within affected area Trial blast activities Procedures during blasting Procedures for addressing blasting damage complaints Blast notification mechanism to adjoining residences Structural stability of exposed rock faces. d) The above report shall be submitted for review to the satisfaction of the Chief Building Official prior to the commencement of any removal of rock by blasting. e) Should the developer s schedule require to commence blasting and rock removal prior to the site plan agreement having been signed, a site alteration permit shall be required under the City of Greater Sudbury s By-law # and shall require a similar geotechnical report as a minimum prior to its issuance. For the information of the applicant, a site plan agreement is required prior to building permit issuance. Neighbourhood Consultation: The applicant was advised of the City s policy recommending that applicants consult with their neighbours, ward councillor and key stakeholders to inform area residents on the application prior to the public hearing. The proponents have scheduled a neighbourhood meeting for October 24, As of the date of this report, two written submissions have been received by Planning Services (attached for review). One phone call seeking clarification on the proposal was also received. The caller asked that pedestrian linkages be incorporated into future plans for the entire site. Background: In 2004 the owner submitted concurrent applications for Official Plan Amendment and rezoning in order to permit a medium density development comprised of 80 apartment units (40 units in two five-storey buildings) and 30 townhouse units (Files 751-6/04-30 & /05-2). In addition to redesignating the lands

6 from Low Density Residential District to Medium Density Residential District, the owner sought to eliminate the conceptual road linkages for Marttila Drive and Caswell Drive in the Sudbury Secondary Plan in order to provide a private road network for the entire lands. The Official Plan Amendment was approved in part. The redesignation to Medium Density Residential and the elimination of the conceptual road linkage to Caswell Drive were approved. The application to remove the Marttila Drive extension was denied by Council (Recommendation # ). A decision on the rezoning was deferred until such time that the owner prepared a draft plan of subdivision. As a condition of approval, the plan of subdivision was to provide for the westerly construction of Marttila Drive as a collector roadway. In 2009 the owner again submitted an application for an Official Plan Amendment in order to delete the conceptual road linkage for Marttila Drive in the City s Official Plan (File 701-6/09-4). The application was deemed incomplete until such time that the owner provided a Traffic Impact Study in support of the proposed amendment, as well as an overall concept plan for the site. In 2012 the owner submitted an application for rezoning in order to permit a three-storey retirement home with 120 guest rooms, to be located west of the existing Southwind residence (File 751-6/12-41). The application was approved by Council on May 28, 2013 and the amending by-law was adopted on June 11, 2013 (By-law Z). The westerly extension of Marttila Drive is required in order to accommodate the proposed retirement home. Planning Considerations: The current application before Planning Committee represents a scaling back of the previous 2004 application, which proposed 110 units. As such, it presents several improvements aimed at enhancing land use compatibility with adjacent properties. High Density Residential sites typically allow up to 150 units per hectare and a maximum building height of 63 metres (20+ storeys). Planning Services recommends that the proposal be appropriately defined as Medium Density Residential, given the proposed housing form, residential density, and overall scale of development. Land use compatibility The entire site has long been identified for a range of residential uses, given its location and direct access to a major arterial corridor. It is ideally suited for residential intensification based on existing and planned infrastructure. The range of housing includes retirement homes, with one existing facility and another recently approved. Multiple dwellings are also felt to be appropriate, provided land use compatibility is maintained between low, medium and high density residential uses. The separation distance between the multiple dwellings and low density housing to the south has been maximized by moving the buildings as close as possible to the future road alignment. The proposed building height would be limited to six (6) storeys. The design is such that the buildings and private balconies are oriented towards Paris Street and Nepahwin Lake, versus a southerly direction towards Timber Ridge Court (see attached rendering of proposed built form). Furthermore, the site is at a lower elevation compared to abutting development on Timber Ridge Court. It is recommended that the amending by-law include site-specific provisions addressing setbacks and the scale of use, to include the following: i. A maximum of two (2) multiple dwellings shall be permitted;

7 ii. The maxium building height shall be six (6) storeys; iii. iv. A maxium of 80 dwelling units shall be permitted; The minimum setbacks for the multiple dwellings shall be as follows: a) 15 metres from Lots 10, 12, 13 and Block 11 of Plan 53M-1255; b) 45 metres from Lots of Plan 53M Density Total area of the site to be rezoned is approximately 1.7 ha (4.2 acres). The resulting residential density is therefore quite low: 47 units per hectare where a maximum of 90 units per hectare is permitted on medium density sites and 150 units per hectare on high density sites. The proposed density (number of units) has been appropriately scaled in recognition of the proximity to low density housing. Screening and Buffering Planting strips are required along the entire length of the southerly lot lines abutting the R2-2, Low Density Residential Two zone (Timber Ridge Court). A planting strip may comprise various formats, such as an opaque fence to a minimum height of 1.5 metres combined with a minimum 1.8 m landscaped area; or alternatively, a minimum 3-metre wide continuous row of vegetation (trees, hedgerows) which is dense enough to screen the use and wide enough to buffer it appropriately. The rezoning sketch does not illustrate a planting strip along the full length of the southerly lot lines. A full planting strip, along with other landscaping requirements, will be implemented at the site plan control stage. It is not necessary to include as a condition of approval, as this is a minimum requirement under Zoning By-law Z. Zoning conformity a. Setbacks As indicated above, it is recommended that R3-1 zoning be implemented, as the use is more appropriately defined as Medium Density Residential. The one exception is the building height of six (6) storeys where a maximum of five (5) are permitted. Notwithstanding the extra storey, which is viewed as minor in nature, the rezoning sketch presents general conformity with R3-1 zoning provisions. The minimum required front yard is 6 metres, where the sketch illustrates 9.32 metres for Building #1 (easterly building) and 9.46 metres for Building #2. The minimum required interior side yard is 5 metres, where metres are provided in the westerly yard and 9.83 in the easterly yard. The utilization of R3-1 zoning setbacks allows some additional flexibility to move the buildings closer to the street and away from adjacent low density housing. b. Parking The rezoning sketch illustrates a combination of indoor and outdoor parking. There is ample site area to address parking: 195 spaces are shown where a minimum of 120 spaces are required. Parking must be reconfigured to accommodate a planting strip along the entire length of the southerly lot lines. Pedestrian linkages Plan 53M-1255 for Timber Ridge Court includes City-owned Block 11, which was intended to provide

8 pedestrian access to adjacent lands and beyond to Paris Street. Incorporating pedestrian linkages as part of new development is an important objective supported by the City s Official Plan. Public input has been received requesting that this access be incorporated into the design as a condition of approval. It is therefore recommended that the Site Plan Control Agreement for the proposed development include a provision for pedestrian access via Block 11 to Timber Ridge Court. Traffic impacts The site has direct access to Paris Street via an intersection that is not fully signalized. Currently the signals are pedestrian-activated only. Similar to the recently approved retirement home, the proposal will require the extension of the right-of-way (Marttila Drive) in order to accommodate development. The owner s consultant prepared a traffic analysis which has been reviewed by Roads and Transportation staff. Conditions of approval are outlined in comments from Roads and Transportation Section, who require the extension of Marttila Drive in order to accommodate development. The City shall reserve the right to construct the road in advance of the development, subject to an agreement between the owner and the City of Greater Sudbury. The owner is also required to upgrade the existing pedestrian signals to full signals at Paris Street. It is therefore recommended that a Holding designation be placed on the subject land. The Holding will not be lifted by Council until such time that the above noted agreement is in place. The agreement shall address all requirements of the Roads and Transportation Section as outlined in the staff recommendation. Site Plan Control The development is subject to a Site Plan Control Agreement, which shall address the following: Rock removal and blasting; Implementation of planting strips and other landscaping requirements; Location of garbage enclosures; Pedestrian linkage from Timber Ridge Court; Illumination plan to minimize the impact of lighting on adjacent uses; and, Servicing, lot grading, landscaping and other site development matters. A number of residents have expressed concerns related to rock blasting. The City now has protocols in place related to blasting, as outlined in comments from Building Services. Any site alteration prior to the signing of the Site Plan Control Agreement shall require a site alteration permit under By-law # Provincial Policy Statement The proposal is also consistent with the Provincial Policy Statement (2005), most notably the following provisions: accommodates an appropriate range and mix of residential uses to meet long-term needs (Section b); represents intensification and redevelopment in an area with existing or planned infrastructure (Section ); contributes to residential intensification targets within built-up areas (Section ); comprises new development in a designated growth area adjacent to an existing built-up area with a compact form, mix of uses and densities (Section ); and, provides for an appropriate range of housing types and densities to meet projected needs of the regional market area (Section 1.4.3).

9 Summary Planning Services recommends that the application for rezoning be approved subject to the conditions set out in the Recommendation section of the report.

10 location sketch 1/1

11 site plan 1/1

12 architectural rendering 1/1

13 PHOTO 1 PARIS STREET, SUDBURY VIEW OF SUBJECT LAND FROM FUTURE PUBLIC ROAD PHOTO 2 PARIS STREET, SUDBURY MULTIPLE DWELLING ABUTTING TO THE SOUTHEAST (LAKEVIEW APARTMENTS) 751-6/13-20 PHOTOGRAPHY OCT 11, Photos 1/5

14 PHOTO 3 PARIS STREET, SUDBURY RETIREMENT HOME AND MULTIPLE DWELLING ON ADJACENT LANDS TO THE NORTH PHOTO 4 PARIS STREET, SUDBURY INTERIOR VIEW OF SITE FACING SOUTHWEST 751-6/13-20 PHOTOGRAPHY OCT 11, Photos 2/5

15 PHOTO 5 PARIS STREET, SUDBURY LOW LYING AREA ON WESTERLY PORTION OF SITE PHOTO 6 PARIS STREET, SUDBURY TYPICAL TOPOGRAPHY SHOWING ROCK OUTCROPS 751-6/13-20 PHOTOGRAPHY OCT 11, Photos 3/5

16 PHOTO 7 PARIS STREET, SUDBURY TYPICAL VEGETATION SHOWING PINE TREES AND SECOND-GROWTH BIRCH PHOTO 8 PARIS STREET, SUDBURY EASTERLY VIEW OF SUBJECT LAND BEHIND SEMIS ON TIMBER RIDGE COURT 751-6/13-20 PHOTOGRAPHY OCT 11, Photos 4/5

17 PHOTO 9 TIMBER RIDGE COURT, SUDBURY VIEW OF BLOCK 11, PLAN 53M-1255 FROM TIMBER RIDGE CUL-DE-SAC PHOTO 10 TIMBER RIDGE COURT, SUDBURY VIEW OF BLOCK 11 AND ABUTTING SEMIS FROM SUBJECT LAND 751-6/13-20 PHOTOGRAPHY OCT 11, Photos 5/5

18 IN DIAN ROAD Metres ¹ 2011 Orthophotography File: 751-6/13-20 Dalron Construction Ltd. Subject Property and Adjacent Future Development Lands aerial photo 1/1 REGENT STREET AUSTIN STREET LAVAL STREET Adjacent Lands Subject Property PARIS STREET MARTTILA DRIVE ARNOLD STREET REGENT STREET TIMBER RIDGE COURT SCENIC WAY

19 letters of concern 1/3

20 letters of concern 2/3

21 letters of concern 3/3