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Extension to draft plan of subdivision approval, Pondsview Subdivision, Pondsview Court, Sudbury - Dalron Construction Ltd



Presented To: Planning Committee
Presented: Monday, Sep 29, 2014
Report Date: Friday, Sep 12, 2014
Type: Routine Management Reports
File Number: 780-6/93009



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Decisions
Report dated September 12, 2014 was received from the Acting General Manager of Growth and Development regarding extension to draft plan of subdivision approval, Pondsview Subdivision, Pondsview Court, Sudbury – DalronConstruction Ltd.                    

PL2014-187 Craig/Caldarelli:  THAT the City of Greater Sudbury, upon payment of Council’s processing fee of $1,195.00, amend the conditions of draft approval for the draft plan of subdivision on those lands known as Part of Parcels 48646, 50208 & 49504, Parts 1-19, Plan 53R 14976, Lots 4 & 5, Concession 6, Township of Broder, File #780-6/93009, as follows:

1. By deleting Condition #3 and replacing it with the following:

“3. That any dead ends or open sides of road allowances created by this plan of subdivision shall be terminated in 0.3 metre reserves, to be conveyed to the Municipality and held in trust by the Municipality until required for future road allowances or the development of adjacent land.”

2. By deleting Condition #4 and replacing it with the following:

“4. That prior to the signing of the final plan, the Planning Services Division shall be advised by the Ontario Land Surveyor responsible for preparation of the final plan, that the lot areas, frontages and depths appearing on the final plan do not violate the requirements of the Restricted Area By laws of the Municipality in effect at the time such plan is presented for approval.”

3. By deleting Condition #5 and replacing it with the following:

“5. That the subdivision agreement be registered by the Municipality against the land to which it applies, prior to any encumbrances.”

4. By deleting Condition #7 and replacing it with the following:

“7. That the owner agrees in writing to satisfy all the requirements, financial and otherwise, of the City of Greater Sudbury, concerning the provision of roads, walkways, street lighting, sanitary sewers, watermains, storm sewers and surface drainage facilities.”

5. By deleting the words “Public Works” and replacing it with “Infrastructure Services” in Condition #11.

6. By adding the following sentence to Condition #11:

“The owner shall also submit a Record of Site Condition for the property to the satisfaction of the Chief Building Official.”

7. By deleting the words “Public Works” and replacing it with “Infrastructure Services” in Condition #15.

8. By deleting the words “#13” and “#16” from Condition #24.

9. By deleting Condition #27 and replacing it with the following:

“27. Draft approval does not guarantee an allocation of sewer or water capacity. Prior to the signing of the final plan, the Director of Planning is to be advised by the General Manager of Infrastructure Services, that sufficient sewage treatment capacity and water capacity exists to service the development.”

10. By deleting Condition #28 and replacing it with the following:

“28. That this draft approval shall lapse on April 16, 2017.”

11. By deleting Condition #29 and replacing it with the following:

“29. The owner is required to provide a cash contribution in lieu of onsite stormwater quality controls. The amount of said contribution shall be equivalent to the cost of a Stormceptor STC 750 and shall be calculated and paid at the time of subdivision registration to the satisfaction of the General Manager of Infrastructure Services.”

12. By replacing the words “Public Works” with “Infrastructure Services” in Condition #30.

13. By deleting Condition #32 and replacing it with the following:

“32. The final plan shall be integrated with the City of Greater Sudbury Control Network to the satisfaction of the Coordinator of the Surveying and Mapping Services. The survey shall be referenced to NAD83(CSRS) with grid coordinates expressed in UTM Zone 17 projection and connected to two (2) nearby City of Greater Sudbury Control Network monuments. The survey plan must be submitted in an AutoCAD compatible digital format. The submission shall be the final plan in content, form and format and properly geo-referenced.”

14. By deleting the word “Persona.” in Condition #33 and replacing it with “Eastlink.”

15. By adding a new Condition #36 as follows:

“36. Sanitary sewer capacity issues have been identified downstream of this development. Capacity issues must be resolved prior to development proceeding. Contributing parties are required to cost share in the solution, this development is a contributing party and will cost share in the solution to the satisfaction of the General Manager of Infrastructure Services.”

16. By adding a new Condition #37 as follows:

“37. Prior to any vegetation removal or other site alteration on the subject lands, the owner shall consult with the Ministry of Natural Resources with respect to the presence of any species at risk under the Endangered Species Act. The owner shall demonstrate to the satisfaction of the Director of Planning Services that all requirements set out by MNR under the Endangered Species Act have been satisfied.”

17. By adding a new Condition #38 as follows:

“38. 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.”

18. By adding a new Condition #39 as follows:

“39. 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 his 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.”

19. By adding a new Condition #40 as follows:

“40. The geotechnical report in Condition #38 will provide recommendations and specifications on the following activity as a minimum but not limited to:

i. Pre-blast survey of surface structures and infrastructure within affected area; ii. Trial blast activities; iii. Procedures during blasting; iv. Procedures for addressing blasting damage complaints; v. Blast notification mechanism to adjoining residences; and, vi. Structural stability of exposed rock faces.

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.”

20. By adding a new Condition #41 as follows:

“41. 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 #2009-170 and shall require a similar geotechnical report as a minimum prior to its issuance.”

21. By adding a new Condition #42 as follows:

“42. The developer shall agree in the subdivision agreement that:

a) Prior to offering any units for sale, to display a map on the wall of the sales office in a place readily accessible to potential homeowners that indicates the location of all Community Mail Boxes within the development, as approved by Canada Post.

b) To include in all offers of purchase and sale a statement which advises the purchaser that mail will be delivered via Community Mail Box. The developer also agrees to note the locations of all Community Mail Boxes within the development, and to notify affected homeowners of any established easements granted to Canada Post to permit access to the Community Mail Box.

c) The developer will provide a suitable and safe temporary site for a Community Mail Box until curbs, sidewalks and final grading are completed at the permanent Community Mail Box locations.

d) To provide the following for each Community Mail Box site and to include these requirements on the appropriate servicing plans:

·Any required walkway across the boulevard, per municipal standards;
·Any required curb depressions for wheelchair access, with an opening of at least two metres (consult Canada Post for detailed specifications); and,
·A Community Mailbox concrete base pad per Canada Post specifications.”

CARRIED


Signed By

Report Prepared By
Glen Ferguson
Senior Planner
Digitally Signed Sep 12, 14

Reviewed By
Eric Taylor

Digitally Signed Sep 12, 14

Recommended by the Division
Mark Simeoni
Acting Director of Planning Services
Digitally Signed Sep 12, 14

Recommended by the Department
Paul Baskcomb
Acting General Manager of Growth & Development
Digitally Signed Sep 12, 14

Recommended by the C.A.O.
Doug Nadorozny
Chief Administrative Officer
Digitally Signed Sep 12, 14

Resolution

THAT the City of Greater Sudbury, upon payment of Council’s processing fee of $1,195.00, amend the conditions of draft approval for the draft plan of subdivision on those lands known as Part of Parcels 48646, 50208 & 49504, Parts 1-19, Plan 53R 14976, Lots 4 & 5, Concession 6, Township of Broder, File #780-6/93009, as follows:

1. By deleting Condition #3 and replacing it with the following:

“3. That any dead ends or open sides of road allowances created by this plan of subdivision shall be terminated in 0.3 metre reserves, to be conveyed to the Municipality and held in trust by the Municipality until required for future road allowances or the development of adjacent land.”

2. By deleting Condition #4 and replacing it with the following:

“4. That prior to the signing of the final plan, the Planning Services Division shall be advised by the Ontario Land Surveyor responsible for preparation of the final plan, that the lot areas, frontages and depths appearing on the final plan do not violate the requirements of the Restricted Area By laws of the Municipality in effect at the time such plan is presented for approval.”

3. By deleting Condition #5 and replacing it with the following:

“5. That the subdivision agreement be registered by the Municipality against the land to which it applies, prior to any encumbrances.”

4. By deleting Condition #7 and replacing it with the following:

“7. That the owner agrees in writing to satisfy all the requirements, financial and otherwise, of the City of Greater Sudbury, concerning the provision of roads, walkways, street lighting, sanitary sewers, watermains, storm sewers and surface drainage facilities.”

5. By deleting the words “Public Works” and replacing it with “Infrastructure Services” in Condition #11.

6. By adding the following sentence to Condition #11:

“The owner shall also submit a Record of Site Condition for the property to the satisfaction of the Chief Building Official.”

7. By deleting the words “Public Works” and replacing it with “Infrastructure Services” in Condition #15.

8. By deleting the words “#13” and “#16” from Condition #24.

9. By deleting Condition #27 and replacing it with the following:

“27. Draft approval does not guarantee an allocation of sewer or water capacity. Prior to the signing of the final plan, the Director of Planning is to be advised by the General Manager of Infrastructure Services, that sufficient sewage treatment capacity and water capacity exists to service the development.”

10. By deleting Condition #28 and replacing it with the following:

“28. That this draft approval shall lapse on April 16, 2017.”

11. By deleting Condition #29 and replacing it with the following:

“29. The owner is required to provide a cash contribution in lieu of onsite stormwater quality controls. The amount of said contribution shall be equivalent to the cost of a Stormceptor STC 750 and shall be calculated and paid at the time of subdivision registration to the satisfaction of the General Manager of Infrastructure Services.”

12. By replacing the words “Public Works” with “Infrastructure Services” in Condition #30.

13. By deleting Condition #32 and replacing it with the following:

“32. The final plan shall be integrated with the City of Greater Sudbury Control Network to the satisfaction of the Coordinator of the Surveying and Mapping Services. The survey shall be referenced to NAD83(CSRS) with grid coordinates expressed in UTM Zone 17 projection and connected to two (2) nearby City of Greater Sudbury Control Network monuments. The survey plan must be submitted in an AutoCAD compatible digital format. The submission shall be the final plan in content, form and format and properly geo-referenced.”

14. By deleting the word “Persona.” in Condition #33 and replacing it with “Eastlink.”

15. By adding a new Condition #36 as follows:

“36. Sanitary sewer capacity issues have been identified downstream of this development. Capacity issues must be resolved prior to development proceeding. Contributing parties are required to cost share in the solution, this development is a contributing party and will cost share in the solution to the satisfaction of the General Manager of Infrastructure Services.”

16. By adding a new Condition #37 as follows:

“37. Prior to any vegetation removal or other site alteration on the subject lands, the owner shall consult with the Ministry of Natural Resources with respect to the presence of any species at risk under the Endangered Species Act. The owner shall demonstrate to the satisfaction of the Director of Planning Services that all requirements set out by MNR under the Endangered Species Act have been satisfied.”

17. By adding a new Condition #38 as follows:

“38. 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.”

18. By adding a new Condition #39 as follows:

“39. 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 his 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.”

19. By adding a new Condition #40 as follows:

“40. The geotechnical report in Condition #38 will provide recommendations and specifications on the following activity as a minimum but not limited to:

i. Pre-blast survey of surface structures and infrastructure within affected area; ii. Trial blast activities; iii. Procedures during blasting; iv. Procedures for addressing blasting damage complaints; v. Blast notification mechanism to adjoining residences; and, vi. Structural stability of exposed rock faces.

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.”

20. By adding a new Condition #41 as follows:

“41. 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 #2009-170 and shall require a similar geotechnical report as a minimum prior to its issuance.”

21. By adding a new Condition #42 as follows:

“42. The developer shall agree in the subdivision agreement that:

a) Prior to offering any units for sale, to display a map on the wall of the sales office in a place readily accessible to potential homeowners that indicates the location of all Community Mail Boxes within the development, as approved by Canada Post.

b) To include in all offers of purchase and sale a statement which advises the purchaser that mail will be delivered via Community Mail Box. The developer also agrees to note the locations of all Community Mail Boxes within the development, and to notify affected homeowners of any established easements granted to Canada Post to permit access to the Community Mail Box.

c) The developer will provide a suitable and safe temporary site for a Community Mail Box until curbs, sidewalks and final grading are completed at the permanent Community Mail Box locations.

d) To provide the following for each Community Mail Box site and to include these requirements on the appropriate servicing plans:

·Any required walkway across the boulevard, per municipal standards;
·Any required curb depressions for wheelchair access, with an opening of at least two metres (consult Canada Post for detailed specifications); and,
·A Community Mailbox concrete base pad per Canada Post specifications.”

STAFF REPORT

Applicant:
 
Dalron Construction Ltd.
 
Location:
 
Part of Parcels 48646, 50208 & 49504, Parts 1-19, Plan 53R-14976, Lots 4 & 5, Concession 6, Township of Broder (Pondsview Court, Sudbury)
 
Application:
 
To extend the draft approval conditions which were approved and extended by Council previously on March 30, 2011 and are set to expire following temporary extensions on October 16, 2014 for a draft plan of subdivision on those lands known as Part of Parcels 48646, 50208 & 49504, Parts 1-19, Plan 53R-14976, Lots 4 & 5, Concession 6, Township of Broder.
 
Proposal:
 
The applicant is requesting that the draft approval conditions for the above noted lands be extended for a period of three years until April 16, 2017.
 
Background:
 
The City initially received a request from Dalron Construction Ltd. on October 13, 2013 to extend draft approval on a plan of subdivision for a period of three years on those lands described as Part of Parcels 48646, 50208 & 49504, Parts 1-19, Plan 53R-14976, Lots 4 & 5, Concession 6, Township of Broder. The subject draft approval of a plan of subdivision is for 20 single-detached dwelling lots to the north of Countryside Drive in Sudbury.
 
The previous draft approval extension was granted on March 30, 2011 and was initially set to expire on April 16, 2014. Temporary extensions have been granted in order to facilitate a full circulation of the draft approval extension request. The request from Dalron Construction Ltd. is therefore to extend their draft approval for a period of three years until April 16, 2017. Staff has circulated the request to relevant agencies and departments for comment and is now bringing forward this report to extend the draft approval to April 16, 2017.
 
Departmental & Agency Comments:
 
Building Services
 
No objections. However, we would like to add additional conditions as follows:
 
1. A record of site condition will be required for the automobile wrecking yard outlined in Condition 11. Such record of site condition shall be submitted to the satisfaction of the Chief Building Official.
 
2. The draft plan approval of the property shall require a subdivision agreement and during that process, based on anticipated quantities of removal of rock through blasting, the following conditions 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 his 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 #2009-170 and shall require a similar geotechnical report as a minimum prior to its issuance.
 
3. A soils report prepared by a qualified geotechnical professional shall be submitted for review, to the satisfaction of the Chief Building Official, documenting construction parameter for the residential structures such as soil bearing capacity, frost cover for foundations and groundwater table characteristics affecting sub-soil foundation drainage and sump pump design.
 
Canada Post
 
No concerns. Canada Post has the following comments:
 
1.     Service type and location
 
a) Canada Post will provide mail delivery service to the subdivision through centralized Community Mail Boxes (CMBs).
 
b) Given the number and the layout of the lots in the subdivision, we have determined that the CMB will be installed on 1 site. These sites are listed below and are identified on the site plan:
·   North-east of Lot 20.
 
c)  The developer will consult with Canada Post to determine suitable permanent locations for the Community Mail Boxes. The developer will then indicate these locations on the appropriate servicing plans.
 
d)  The developer agrees, prior to offering any units for sale, to display a map on the wall of the sales office in a place readily accessible to potential homeowners that indicates the location of all Community Mail Boxes within the development, as approved by Canada Post.
 
e)  The developer agrees to include in all offers of purchase and sale a statement which advises the purchaser that mail will be delivered via Community Mail Box. The developer also agrees to note the locations of all Community Mail Boxes within the development, and to notify affected homeowners of any established easements granted to Canada Post to permit access to the Community Mail Box. 
 
f)   The developer will provide a suitable and safe temporary site for a Community Mail Box until curbs, sidewalks and final grading are completed at the permanent Community Mail Box locations. Canada Post will provide mail delivery to new residents as soon as the homes are occupied.
 
g)  The developer agrees to provide the following for each Community Mail Box site and to include these requirements on the appropriate servicing plans: 
  • Any required walkway across the boulevard, per municipal standards;
  • Any required curb depressions for wheelchair access, with an opening of at least two metres (consult Canada Post for detailed specifications); and,
  • A Community Mailbox concrete base pad per Canada Post specifications. 
2.     Municipal requirements
 
a)  Please update our office if the project description changes so that we may determine the impact (if any).
 
b)  Should this subdivision application be approved, please provide notification of the new civic addresses as soon as possible.
 
3.     Developer timeline and installation
 
a)  Please provide Canada Post with the excavation date for the first foundation/first phase as
well as the date development work is scheduled to begin. Finally, please provide the expected installation date(s) for the CMB(s).
 
Development Engineering
 
Condition #33 should be amended by revising “Persona” to “Eastlink”.
 
Drainage
 
Please delete Condition #29 and replacing it with the following:
 
“The owner is required to provide a cash contribution in lieu of onsite stormwater quality controls. The amount of said contribution shall be equivalent to the cost of a Stormceptor STC 750 and shall be calculated and paid at the time of subdivision registration to the satisfaction of the General Manager of Infrastructure Services.”
 
Environmental Planning Initiatives
 
The Sudbury District office of the Ontario Ministry of Natural Resources (MNR) has advised the City of Greater Sudbury’s Planning Services Division that the subject lands have the potential to serve as habitat for the Blanding’s Turtle, a species designated as “Threatened” in Ontario by the MNR.
 
The proponent will need to contact the Sudbury District MNR and satisfy all requirements set out by the MNR under the Endangered Species Act prior to any site alteration or construction taking place on the subject lands.
 
Nickel District Conservation Authority
 
No concerns.
 
Operations
 
No comments.
 
Roads, Traffic and Transportation
 
No concerns.
 
Planning Considerations:
 
Draft Approval Conditions
 
Condition #28 should be deleted entirely and replaced with a sentence referencing April 16, 2017 as the revised date on which the subject draft plan approval shall lapse. Other agencies and departments have requested several changes and additions to the draft conditions and several other conditions have been updated to reflect standard draft condition wording. Building Division has requested that blasting conditions be added (Conditions 38 to 41). Environmental Planning Initiatives have indicated that the subject lands have the potential to serve as habitat for the Blanding’s Turtle, a species designated as “Threatened” in Ontario by the MNR. Condition #37 has been added to the draft conditions in order to address this concern. Staff would also note that Canada Post provided extensive comments based on a review of the subdivision and a new Condition 42 has been added. No other changes to the draft approval documents have been requested either by the applicant or by circulated agencies and departments. The draft conditions are attached to this report along with a sketch of the draft approved plan of subdivision for reference purposes.
 
Processing Fees
 
The applicant will be required to pay the applicable processing fee in the amount of $1,195.00. It is recommended that the draft approval extension be granted upon receipt of Council’s processing fee from the applicant. The amount is calculated as per By-law 2014-3 being the User Fees By-law:
 
2014 Application Fee
 
Base Fee                                                                                 $2,660.00
20 x $106.00                                                                           $2,120.00
Total Fee                                                                                 $4,780.00
Maximum Applicable Fee                                                        $4,780.00
 
25% of Application Fee (3 year extension)                             $1,195.00
 
Total Maximum Applicable Fee (3 year extension)            $1,195.00
 
Summary:
 
Planning Services Staff have reviewed the request to extend the subject draft approval and have no objections to the requested extension for a period of three years. The request was also circulated to relevant agencies and departments for comment and no concerns were identified with respect to extending the draft approval of the subdivision. The draft approval conditions should however be amended as described in the recommendation section of this report in order to address the comments received from agencies and departments.
 
The Planning Services Division therefore recommends that the application to extend draft approval for a period of three years until April 16, 2017 be approved subject to the applicant paying the appropriate processing fee in the amount of $1,195.00.