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Public Hearings
Routine Management Reports
Addendum
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Minutes

For the Planning Committee Meeting held
Monday, September 29, 2014



Location: Tom Davies Square
Commencement: 5:30 PM
Adjournment: 10:00 PM






 COUNCILLOR DAVE KILGOUR IN THE CHAIR

Present               
 
Councillors Rivest, Craig, Caldarelli, Kilgour,
 
Staff     
 
Paul Baskcomb, Acting General Manager of Growth & Development; Eric Taylor, Manager of Development Approvals; Robert Webb, Supervisor of Development Engineering; Alex Singbush, Senior Planner; Tanya Thompson, Deputy City Clerk; Jody Lamarche, Audio Visual Operator; Liz Collin, Committee Assistant
 
Declaration of Pecuniary Interest and the General Nature Thereof
 
None declared


Public Hearings

1 ..  
The Planning Committee meeting was adjourned and the Public Hearing was opened to deal with the following application.
 
Report dated September 11, 2014 was received from the Acting General Manager of Growth and Development regarding an application to extend a temporary use by-law in order to permit a garden suite, 880 Gravel Drive, Hanmer - Robert Mills.
 
Robert Mills and Robert Mills Jr., the applicants, were present.
 
The Manager of Development Approvals outlined the application to the Committee.
 
Councillor Rivest, Ward Councillor, stated that he has not received any emails or phone calls and is in support of the application.
 
The Chair asked whether there was anyone in the audience who wished to speak in favour or against this application and seeing none:
 
The Public Hearing concerning this matter was closed and the Planning Committee resumed in order to discuss and vote on the application.
 
The following recommendation was presented:
 
PL2014-182 Rivest/Caldarelli: THAT the City of Greater Sudbury approve the application by Robert Mills to amend Zoning By-law 2010-100Z with respect to lands described as PIN 73506-0088, Parcel 49299 S.E.S., Part 1, Plan 53R-12851, Lot 4, Concession 4, Township of Hanmer, in order to extend the use of a garden suite in accordance with Section 39.1(4) of the Planning Act for a temporary period of three (3) years.
 
YEAS: Councillors Rivest, Craig, Caldarelli, Kilgour
            CARRIED

 

2 ..  
The Planning Committee meeting was adjourned and the Public Hearing was opened to deal with the following application.
 
Report dated September 11, 2014 was received from the Acting General Manager of Growth and Development regarding an application to extend a temporary use by-law in order to permit a garden suite, 277 Linden Drive, Hanmer – Luc and Celine Legault.
 
Luc and Celine Legault, the applicants, were present.
 
The Manager of Development Approvals outlined the application to the Committee.
 
Councillor Rivest, Ward Councillor, stated that he has not received any emails or phone calls and is in support of the application.
 
The Chair asked whether there was anyone in the audience who wished to speak in favour or against this application and seeing none:
 
The Public Hearing concerning this matter was closed and the Planning Committee resumed in order to discuss and vote on the application.
 
The following recommendation was presented:
 
PL2014-183 Rivest/Craig: THAT the City of Greater Sudbury approve the application by Luc and Celine Legault to amend Zoning By-law 2010-100Z with respect to lands described as PIN 73508-0094, Part 1, Plan 53R-15993, Parcel 51480, Lot 11, Concession 3, Township of Capreol, in order to extend the use of a garden suite in accordance with Section 39.1(4) of the Planning Act for a temporary period of three (3) years.
 
YEAS: Councillors Rivest, Craig, Caldarelli, Kilgour
CARRIED

 

3 ..  
The Planning Committee meeting was adjourned and the Public Hearing was opened to deal with the following application.
 
Report dated September 12, 2014 was received from the Acting General Manager of Growth and Development regarding an application for rezoning in order to permit the development of a complex with office, hotel, bulk retail, warehouse, and commercial recreation centre uses. Kingsway, Sudbury - 1777222 Ontario Ltd. & 1777223 Ontario Ltd.
 
Stewart Dale, the applicant, was present.
 
The Manager of Development Approvals outlined the application to the Committee.
 
Mr. Dale informed that a community meeting was held with eight (8) people in attendance. He believes that there were no concerns emanating from the meeting. He informed that he is working to meet the conditions that have been put in place. He stated they are working with the Ministry of Natural Resources in order to make the necessary environmental protection plans.
 
The Chair asked whether there was anyone in the audience who wished to speak in favour or against this application and seeing none:
 
The Public Hearing concerning this matter was closed and the Planning Committee resumed in order to discuss and vote on the application.
 
The following recommendation was presented:
 
PL2014-184 Caldarelli/Craig: THAT the City of Greater Sudbury approve the application by 1777222 Ontario Ltd. & 1777223 Ontario Ltd. to amend Zoning By-law 2010-100Z by changing the zoning classification of lands described as Part of PINs 73561-0258, 73561-0263, 73561-0261 & 73561-0264, Part of Parcels 4187, 10114 & 11376, Lots 9 & 10, Concession 4, Township of Neelon from “M1-1” and “M1(31)” to “M1-1” to permit a broader range of industrial uses subject to the following conditions:
 
1.  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.
 
2.   That the conditions of draft plan approval for the Jack Nicholas Business and Innovation subdivision, File 780-6/10002, be amended to add a condition requiring the construction of a sidewalk on the north side of the Kingsway between Levesque Street and the westerly public road connection to the subdivision to the satisfaction of the General Manager of Infrastructure Services.
 
YEAS: Councillors Rivest, Craig, Caldarelli, Kilgour
CARRIED
4 ..  
The Planning Committee meeting was adjourned and the Public Hearing was opened to deal with the following application.
 
Report dated September 11, 2014 was received from the Acting General Manager of Growth and Development regarding an application for rezoning in order to add a Commercial Recreation Centre to the list of permitted uses, 1210 and 1212 Lasalle Boulevard, Sudbury - David Johannsson & Gerald Paquette.
 
David Johannsson and John Hillier, the applicants, were present.
 
The Manager of Development Approvals outlined the application to the Committee.
 
The Chair asked whether there was anyone in the audience who wished to speak in favour or against this application and seeing none:
 
The Public Hearing concerning this matter was closed and the Planning Committee resumed in order to discuss and vote on the application.
 
The following recommendation was presented:
 
PL2014-185 Craig/Caldarelli: THAT the City of Greater Sudbury approve the application by David Johansson and Gerald Paquette to amend Zoning By-law 2010-100Z by changing the zoning classification of lands described as PINs 02121-0414 and 02121-0247, Lots 28S and Part Lot 72, M-219, Lot 1, Concession 6, Township of McKim, 1210 and 1212 Lasalle Boulevard, Sudbury, from “C2(46)”, General Commercial Special to a revised “C2(46)”, General Commercial Special subject to the following conditions:
 
(i)  The only permitted uses shall be as follows:
 
(a)  ground floor retail uses not to exceed a gross floor area of 874 m²;
(b)  second floor retail uses not to exceed a gross floor area of 300 m²;
(c)  office uses not to exceed a gross floor area of 446 m²;
(d)  storage uses not to exceed a gross floor area of 414m²;
(e)  commercial recreation centre uses not to exceed a gross floor area of 414 m² with an occupancy of not more than 30 persons, with accessory uses not to exceed 20 m² net floor area;
(f)  restaurant not to exceed a gross floor area of 112 m²;
(g)  a maximum of six (6) dwelling units shall be permitted on the second floor;
(h)  the maximum total gross floor area shall not exceed 1,733m².
 
(ii)  A minimum of 64 parking spaces shall be provided.
 
YEAS: Councillors Rivest, Craig, Caldarelli, Kilgour
CARRIED

Consent Agenda

The following recommendation was presented:

PL2014-186 Craig/Rivest: THAT the City of Greater Sudbury approve Planning Committee Consent Agenda Item C-1 to C-4.

CARRIED

The following are the Consent Agenda Items.

Routine Management Reports

C-1 ..  
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

C-2 ..  
Report dated September 12, 2014 was received from the Acting General Manager of Growth and Development regarding Extension to Draft Plan of Subdivision Approval, Saddle Creek – Dalron Construction Ltd. 

PL2014-188 Rivest/Craig: THAT the City of Greater Sudbury, upon the payment of the processing fee of $2,096.00 prior to November 28, 2014 lapsing date, amend the conditions of draft approval of plan of subdivision of Part of former Parcel 709 S.E.S., being Part of PIN 73504-0953, Part Lot 6, Concession 1, Township of Hanmer, File780-7/04006, as follows:

a) By deleting Condition # 30 and replacing it with the following:

“30. 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.”

b) By deleting Condition # 31 and replacing it with the following:

“31. Prior to the registration of any part of the subdivision which includes any part of Lot 1 or Lots 17 to 83 the Planning Services Division is to be advised by the Nickel District Conservation Authority that their requirements under Ontario Regulation 151/06 have been satisfied, and that prior to any development occurring in the designated floodplain, the Paquette-Whitson Drain shall be constructed.”

c) By deleting Condition # 34 and replacing it with the following:

“34. That this draft approval shall lapse on November 28th, 2017.”

d) By deleting Condition #38 and replacing it with the following:

“38. That the developer provide a utilities servicing plan showing the location of all utilities including City services, Greater Sudbury Hydro Plus or Hydro One, Bell, Union Gas, Eastlink and Canada Post. This plan must be to the satisfaction of the Director of Planning Services and must be provided prior to construction for any individual phase.”

CARRIED

C-3 ..  
Report dated September 11, 2014 was received from the Acting General Manager of Growth and Development regarding Proposed Telecommunications Tower, Bell Mobility, PIN 73511-0002, Parcel 12267, Part Summer Resort Location 64 Plan M-137, Township of MacLennan, City of Greater Sudbury.
 
PL2014-189 Kilgour/Craig: THAT the City of Greater Sudbury advise Industry Canada that they concur with the issuance of a licence for the development of a 76 metre high self support telecommunications tower at, PIN 73511-0002, Parcel 12267, Part Summer Resort Location 64 Plan M-137, Township of MacLennan, City of Greater Sudbury by Bell Mobility.
 

CARRIED

 

C-4 ..  
Report dated September 11, 2014 was received from the Acting General Manager of Growth and Development regarding Proposed Telecommunications Tower, Bell Mobility, PIN 73521-0407, Part Lot 11, Concession 1, Norman Township, City of Greater Sudbury - 31 Frank Street, Capreol.
 
PL2014-190 Kilgour/Caldarelli: THAT the City of Greater Sudbury advise Industry Canada that they concur with the issuance of a licence for the development of a 76 metre high self support telecommunications tower at, PIN 73521-0407, Part Lot 11, Concession 1, Norman Township, City of Greater Sudbury by Bell Mobility.

CARRIED

 


QUESTION PERIOD

Commercial Rezoning to Residential Rezoning

Councillor Rivest questioned if a property is rezoned from commercial uses to residential use are they subject to environmental assessment and if it is, why the condition is not stated in the recommendation.

The Manager of Development Approvals stated the Phase 1 and Phase 2 Environmental Assessment may be required as per the Ontario Building Code and is part of a site condition.

 

Adjournment:  Craig/Caldarelli: That this meeting does now adjourn.Time: 6:24 p.m.          

CARRIED 

 

 

Councillor Dave Kilgour, Chair   Tanya Thompson, Deputy City Clerk