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Extension to draft plan of subdivision approval, Raft Lake Subdivision, South Lane Road, Sudbury - Nickel Range Investments Ltd



Presented To: Planning Committee
Presented: Monday, Feb 23, 2015
Report Date: Monday, Feb 09, 2015
Type: Routine Management Reports
File Number: 780-6/96003



Signed By

Report Prepared By
Glen Ferguson
Senior Planner
Digitally Signed Feb 9, 15

Reviewed By
Eric Taylor

Digitally Signed Feb 9, 15

Recommended by the Division
Mark Simeoni
Acting Director of Planning Services
Digitally Signed Feb 9, 15

Recommended by the Department
Paul Baskcomb
Acting General Manager of Growth & Development
Digitally Signed Feb 9, 15

Recommended by the C.A.O.
Doug Nadorozny
Chief Administrative Officer
Digitally Signed Feb 10, 15

Resolution

That upon payment of Council’s processing fee of $1,407.00, the conditions of draft approval for the draft plan of subdivision on those lands known as Part of Parcel 9502 S.E.S., Lot 2, Concession 3, Township of Broder, File 780-6/96003, shall be amended as follows:

a) 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.”

b) 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.”

c) By deleting Condition #9 and replacing it with the following:

“9. Deleted.”

d) By replacing the words “Public Works” with “Infrastructure Services” in Conditions #13 through to Condition #19

e) By deleting Condition #15 and replacing it with the following:

“15. Deleted.”

f) By deleting Condition #16 and replacing it with the following:

“16. The owner shall be responsible to have a stormwater management report prepared to assess how the quality and quantity of stormwater will be managed for the subdivision development, in addition to the flows generated from upstream lands. The report shall establish how the quantity of stormwater generated within the subdivision will be controlled to pre-development levels for the 1:5, 1:100 and regional storm events. The owner shall be required to submit a comprehensive drainage plan of the subject property, and any upstream areas draining through the subdivision. The quality of the stormwater must meet an "enhanced" level of protection as defined by the Ontario Ministry of the Environment.”

g) By adding the following at the end of Condition #17:

“17. The detailed lot grading plan is to be prepared, signed, sealed, and dated by a professional civil engineer with a valid certificate of authorization for the proposed lots as part of the submission of construction plans. This plan must show finished grades around new houses, retaining walls, side yards, swales, slopes and lot corners as well as any required setbacks or buffer zones. The plan must show sufficient grades on boundary properties to mesh the lot grading of the new site to existing properties and show the stormwater overland flow path.”

h) By deleting Condition #19 i) and replacing it with the following:

“19. i)Where it is the intent to provide potable water from an adjoining waterbody, the developer is to provide a report prepared by a professional engineer, licensed in the province of Ontario and experienced in drinking water systems, detailing the required treatment to provide potable water from a surface water source. The developer is required to establish a Potable Water Agreement for each property capable of using surface water as a potable water source referencing the recommendations put forth in the report to the satisfaction of the General Manager of Infrastructure Services.”

i) By deleting Condition #19 ii) a, b, c and d and replacing with:

“19. ii)Where it is the intent to provide potable water from a well, the developer shall prove to the satisfaction of the General Manager of Infrastructure Services that an adequate quantity of potable water is available, and if water can only be made potable by treatment, an agreement with the City must be placed on title to clear this condition. Wells are to meet the requirements of Ministry of Environment Procedure D5-5 as a minimum as well as the following:

j) By deleting Condition #19 ii) e) and replacing with:

“a. Prior to the signing of the final plan the owner is required to provide a deposit for corrective measures should groundwater supplies of adjacent properties be affected as a result of this subdivision. The deposit is to be calculated by the owner’s engineer to the satisfaction of the General Manager of Infrastructure Services.”

k) By deleting Condition #20 and replacing it with the following:

“20. 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.”

l) By deleting Condition #22 and replacing it with the following:

“22. That this draft approval shall lapse on March 14, 2018.”

m) By deleting Condition #27 and replacing it with the following:

“27. The owner shall develop a siltation control plan for the subdivision construction period to the satisfaction of the Director of Planning Services and the Nickel District Conservation Authority.”

n) By replacing the word “Persona” with “Eastlink” in Condition #30.

o) By adding a new Condition #31 as follows:

“31. 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.”

p) By adding a new Condition #32 as follows:

“32. 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.”

q) By adding a new Condition #33 as follows:

“33. The geotechnical report 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.”

r) By adding a new Condition #34 as follows:

“34. Should the developer’s schedule require to commence blasting and rock removal prior to the final subdivision plan 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.”

s) By adding a new Condition #35 as follows:

“35. As part of the submission of servicing plans, the owner shall have slope treatments designed by a geotechnical engineer licensed in the Province of Ontario incorporated into the lot grading plans if noted as required at locations required by the Director of Planning Services. Suitable provisions shall be incorporated into the Subdivision Agreement to ensure that the treatment is undertaken to the satisfaction of the Director of Planning Services.”

t) By adding a new Condition #36 as follows:

“36. The owner shall be required to have all stormwater management facilities constructed and approved by the City prior to initial acceptance of roads and sewers or at such time as the Director of Planning Services may direct. The owner shall provide lands for said facilities as required by the City.”

u) 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."

STAFF REPORT

Applicant:

Nickel Range Investments Ltd.
 
Location:
 
Part of Parcel 9502 S.E.S., Lot 2, Concession 3, Township of Broder (South Lane Road, Sudbury)
 
Application:
 
To extend the draft approval conditions which were approved originally by Council on March 14, 1997 and are set to expire on March 14, 2015, for a draft plan of subdivision on those lands known as Part of Parcel 9502 S.E.S., Lot 2, Concession 3, 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 (3) years until March 14, 2018.
 
Background:
 
The City received a request from Nickel Range Investments Ltd. on October 6, 2014 to extend draft approval on a plan of subdivision for a period of three years on those lands described as Part of Parcel 9502 S.E.S., Lot 2, Concession 3, Township of Broder. The subject draft approval of a plan of subdivision is for 28 single-detached dwelling lots. The lots are to be accessed from South Lane Road.
 
The previous draft approval extension was granted by Council on February 14, 2012 and the request from Nickel Range Investments Ltd. is to further extend their draft approval for a period of three (3) years until March 14, 2018. Staff has circulated the request to relevant agencies and departments for comment and is now bringing forward this report to extend the draft approval.
 
Departmental & Agency Comments:
 
Building Services
 
No concerns. Based on the anticipated quantities of removal of rock through blasting, the following conditions will be imposed on the draft plan of subdivision:
 
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:
a.     Pre-blast survey of surface structures and infrastructure within affected area;
b.     Trial blast activities;
c.      Procedures during blasting;
d.     Procedures for addressing blasting damage complaints;
e.     Blast notification mechanism to adjoining residences; and,
f.       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 final subdivision plan 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.
Development Engineering
 
No concerns. Please revise the following conditions:
 
a)     Conditions 15 and 27 by deleting and replacing with:
The owner shall develop a siltation control plan for the subdivision construction period to the satisfaction of the Director of Planning Services and Conservation Sudbury (Nickel District Conservation Authority).
 
b)     Condition 16 by deleting and replacing with:
The owner shall be responsible to have a stormwater management report prepared to assess how the quality and quantity of stormwater will be managed for the subdivision development, in addition to the flows generated from upstream lands. The report shall establish how the quantity of stormwater generated within the subdivision will be controlled to pre-development levels for the 1:5, 1:100 and regional storm events. The owner shall be required to submit a comprehensive drainage plan of the subject property, and any upstream areas draining through the subdivision. The quality of the stormwater must meet an "enhanced" level of protection as defined by the Ontario Ministry of the Environment.
 
c)     Condition 17 by replacing “General Manager of Public Works” with “Director of Planning Services” and adding:
The detailed lot grading plan is to be prepared, signed, sealed, and dated by a professional civil engineer with a valid certificate of authorization for the proposed lots as part of the submission of construction plans. This plan must show finished grades around new houses, retaining walls, side yards, swales, slopes and lot corners as well as any required setbacks or buffer zones. The plan must show sufficient grades on boundary properties to mesh the lot grading of the new site to existing properties and show the stormwater overland flow path. 
 
d)     Condition 19 i) by deleting and replacing with:
Where it is the intent to provide potable water from an adjoining waterbody, the developer is to provide a report prepared by a professional engineer, licensed in the province of Ontario and experienced in drinking water systems, detailing the required treatment to provide potable water from a surface water source. The developer is required to establish a Potable Water Agreement for each property capable of using surface water as a potable water source referencing the recommendations put forth in the report to the satisfaction of the General Manager of Infrastructure Services.
 
e)     Condition 19 ii), and Conditions 19. ii) a. b. c. and d. by deleting and replacing with:
Where it is the intent to provide potable water from a well, the developer shall prove to the satisfaction of the General Manager of Infrastructure Services that an adequate quantity of potable water is available, and if water can only be made potable by treatment, an agreement with the City must be placed on title to clear this condition. Wells are to meet the requirements of Ministry of Environment Procedure D5-5 as a minimum as well as the following:
 
Condition 19 ii) e. by deleting and replacing with:
 
Prior to the signing of the final plan the owner is required to provide a deposit for corrective measures should groundwater supplies of adjacent properties be affected as a result of this subdivision. The deposit is to be calculated by the owner’s engineer to the satisfaction of the General Manager of Infrastructure Services.
 
f)       Please amend Condition 30 by changing Persona to Eastlink.
g)     Please include the following additional conditions:
a)     As part of the submission of servicing plans, the owner shall have slope treatments designed by a geotechnical engineer licensed in the Province of Ontario incorporated into the lot grading plans if noted as required at locations required by the Director of Planning Services. Suitable provisions shall be incorporated into the Subdivision Agreement to ensure that the treatment is undertaken to the satisfaction of the Director of Planning Services.
b)     The owner shall be required to have all stormwater management facilities constructed and approved by the City prior to initial acceptance of roads and sewers or at such time as the Director of Planning Services may direct. The owner shall provide lands for said facilities as required by the City.
Drainage
 
No concerns.
 
Environmental Initiatives
 
The subject lands have the potential to serve as habitat for the Blanding’s Turtle and the Eastern Whip-poor-will, species designated as “Threatened” in Ontario by the Ministry of Natural Resources (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.
 
Roads, Traffic and Transportation
 
No concerns.
 
Planning Considerations:
 
Draft Approval Conditions
 
Condition #22 should be deleted entirely and replaced with a sentence referencing March 14, 2018 as the revised date on which the subject draft plan approval shall lapse. Building Services is requesting that standard blasting conditions be added. Development Engineering has also requested several amendments to existing conditions and the inclusion of two new conditions dealing with geotechnical and stormwater matters. Environmental Initiatives has also requested that their standard condition regarding species at risk be added to the draft approval. These new conditions have been incorporated accordingly into the draft plan approval document. 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 $1,407.00. It is recommended that the draft approval extension be granted upon receipt of Council’s processing fee from the applicant. Staff notes that the applicant made the request to extend the draft approval in 2014 and has already accordingly provided the processing fee to the City. This amount is calculated as per By-law 2014-3F being the Planning Application Fees By-law:
 
2014 Application Fee
 
Base Fee                                                                                 $2,660.00
28 lots x $106                                                                          $2,968.00
Total Fee                                                                                 $5,628.00
Total Maximum Fee                                                                $10,300.00
25% of Application Fee (3 year extension)                             $1,407.00
 
Total Maximum Applicable Fee (3 year extension)            $1,407.00
 
Summary:
 
Planning Services Staff has reviewed the request to extend the subject draft approval and has 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. Development Engineering has requested several new conditions and that several existing conditions be amended. Building Services has also requested standard blasting conditions be included in the draft approval document. Environmental Initiatives has also noted that the lands may provide habitat for certain species at risk and the City’s standard condition is to be incorporated into the draft approval document. The Planning Services Division therefore recommends that the application to extend draft approval for a period of three years until March 14, 2018 be approved subject to the applicant paying the appropriate processing fee in the amount of $1,407.00.