Minutes

For the Planning Committee Meeting

Monday, April 29, 2024

1:00 P.m. - 5:00 P.m.

Tom Davies Square

Present (Mayor and Councillors)

Councillor Fortin,
Councillor Lapierre,
Councillor Cormier,
Councillor Leduc,
and Councillor Landry-Altmann

City Officials

Kris Longston, Director of Planning Services,
Alex Singbush, Manager of Development Approvals,
Robert Webb, Supervisor of Development Engineering,
Ed Landry, Senior Planner, Community & Strategic Planning,
Wendy Kaufman, Senior Planner,
Melissa Riou, Senior Planner,
Bailey Chabot, Senior Planner,
Stephanie Poirier, Senior Planner,
Brigitte Sobush, Manager of Clerk's Services/Deputy City Clerk,
Regina Sgueglia, Clerk's Services Assistant,
and Rory Whitehouse, Clerk's Services Assistant

Councillor Cormier, In the Chair

1.
Open Session

At 1:00 p.m., the Planning Committee commenced the Open Session.

2.
Roll Call

A roll call was conducted.

3.
Declarations of Pecuniary Interest and the General Nature Thereof

None declared.

4.
Public Hearings

The Planning Committee was adjourned, and the Public Hearing was opened to deal with the application:

Kevin Jarus and Vanessa Smith, Tulloch Engineering, the agents were present.

Wendy Kaufman, Senior Planner, outlined the report.

The Planning Department staff responded to questions from the Committee members.

The agent for the applicant provided comments and responded to questions from the Committee members.

The following concerned area residents provided comments to the Committee members:

Arthur Peach and Mike Parsons.

The agent for the applicant provided final comments.

The chair asked whether there was anyone who wished to speak in favor or against the application and hearing none:

The Public Hearing was closed, and the Planning Committee resumed to discuss and vote on the application.

The following resolution was presented:
PL2024-68
Moved ByCouncillor Cormier
Seconded ByCouncillor Fortin
THAT the City of Greater Sudbury directs staff to complete a review of Files 701-6/23-04 & 751-6/23-25 by 2226553 Ontario Inc. and schedule a second public hearing on this matter before the Planning Committee as outlined in the report entitled “700 Paris Street, Sudbury (Stage One)” from the General Manager of Growth and Infrastructure, presented at the Planning Committee meeting on April 29, 2024.
YEAS: (5) Councillor Lapierre, Councillor Cormier, Councillor Leduc, Councillor Landry-Altmann, and Councillor Fortin
CARRIED (5 to 0)

4.2
Remington Road, Sudbury

The Planning Committee was adjourned, and the Public Hearing was opened to deal with the application:

Kristi Dalron, the applicant was present.

Bailey Chabot, Senior Planner, outlined the report.

The agent for the applicant provided comments.

The Public Hearing was closed, and the Planning Committee resumed to discuss and vote on the application.

Rules of Procedure

Councillor Cormier moved to waive reading of the resolution.

CARRIED

The following resolution was presented:
PL2024-69
Moved ByCouncillor Lapierre
Seconded ByCouncillor Fortin
THAT the City of Greater Sudbury’s delegated official be directed to issue draft plan approval for a plan of subdivision on those lands described as PINs 73478-1049, 73475-1506, 73478-1179, and 73475-1240, Part of Part 2, Plan 53R-12196, Parts 8-11, Plan 53R-16629, Parts 3, 5-7, Plan 53R-17925, Parts 5-8, Plan 53R-19303, Part 2, Plan 53R-19410 and Parts 1-2, Plan 53R-19563, Concession 6, Township of Broder, as outlined in the report entitled “Remington Road, Sudbury”, from the General Manager of Growth and Infrastructure, presented at the Planning Committee meeting on April 29, 2024, not sooner than 14 days following the date of the public meeting in accordance with the requirements of Section 51(25) of the Planning Act, subject to the following draft approval conditions:
1. That this approval applies to a draft plan of subdivision on lands described as PINs 73478-1049, 73475-1506, 73478-1179, and 73475-1240, Part of Part 2, Plan 53R-12196, Parts 8-11, Plan 53R-16629, Parts 3, 5-7, Plan 53R-17925, Parts 5-8, Plan 53R-19303, Part 2, Plan 53R-19410 and Parts 1-2, Plan 53R-19563, Concession 6, Township of Broder, as shown on the draft plan of subdivision titled “DRAFT PLAN OF PROPOSED SUBDIVISION OF PIN 73478-1049, PIN 73475-1506, PIN 73478-1179, PIN 73475-1240, PIN 73475-0518 PART OF LOTS 4 & 5 CONCESSION 6 GEOGRAPHIC TOWNSHIP OF BRODER CITY OF GREATER SUDBURY” prepared by R.V. Anderson Associates Limited with Tulloch Geomatics Inc. as Ontario Land Surveyor and dated October 4, 2023.
2. That the draft plan of subdivision be signed and sealed by a registered Ontario Land Surveyor.
3. That Parts 4 and 5 on Plan 53R-16172, PIN 73478-1179 be incorporated into Block 4.
4. That this draft approval shall lapse three years from the date on which draft approval is issued.
5. 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 to the satisfaction of the Director of Planning Services.
6. That parkland and/or cash-in-lieu of parkland be provided to the City of Greater Sudbury in accordance with section 7.3 of the City’s Official Plan and the Planning Act, to the satisfaction of the Director of Leisure Services.
7. That the street(s) be named and approved by the municipality and to the satisfaction of the City Solicitor.
8. That any dead ends or open sides of road allowances created by this plan of subdivision shall be terminated in 0.3 metre reserves that are 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 and to the satisfaction of the City Solicitor.
9. That the subdivision agreement be registered by the municipality against the land to which it applies prior to any encumbrances and to the satisfaction of the City Solicitor.
10. That such easements as may be required for utility or drainage purposes shall be granted to the appropriate authority to the satisfaction of the City Solicitor.
11. That the owner agrees in writing to satisfy all municipal requirements, financial and otherwise, concerning the provision of roads, walkways, street lighting, sanitary sewers, watermains, storm sewers and surface drainage facilities to the satisfaction of the City Solicitor.
12. That the subdivision agreement contains provisions whereby the owner agrees that all the requirements of the subdivision agreement including installation of required services be completed within three years after registration to the satisfaction of the City Solicitor.
13. That in accordance with Section 59(4) of the Development Charges Act a notice agreement shall be registered on title to ensure that persons who first purchase the subdivided land after registration of the plan of subdivision are informed at the time the land is transferred of all development charges related to development and to the satisfaction of the City Solicitor.
14. The owner shall be responsible to have a Storm Water Management Report prepared to assess how the quality and quantity of storm water will be managed for the subdivision development. The report shall establish how the quantity of storm water generated within the subdivision will be controlled to pre-development levels for both the 1:5, 1:100 and regional storm events. The owner shall be required to submit a comprehensive drainage plan of the subject property. This stormwater management will address the stormwater generated on the road portion of the subdivision. Any lots for industrial development will be required to provide their own on-site stormwater management.
15. Prior to the submission of servicing plans, the owner/applicant shall, to the satisfaction of the Director of Planning Services, provide an updated Geotechnical Report prepared, signed, sealed, and dated by a geotechnical engineer with a valid Certificate of Authorization from the Association of Professional Engineers of Ontario. Said report shall, as a minimum, provide factual information on the soils and groundwater conditions within the proposed development. Also, the report should include design information and recommend construction procedures for any proposed storm and sanitary sewers, stormwater management facilities, watermains, roads to a 20 year design life, the mass filling of land, surface drainage works, erosion control, slope stability, slope treatment and building foundations. The geotechnical information on building foundations shall be to the satisfaction of the Chief Building Official and Director of Planning Services. Included in this report must be details regarding removal of substandard soils (if any) and placement of engineered fill (if required) for the construction of new homes.
16. Prior to the submission of servicing plans, the owner/applicant shall have a Stormwater Management Report and Plan prepared, signed, sealed, and dated by a professional engineer with a valid Certificate of Authorization from the Association of Professional Engineers of Ontario. Said report shall establish how the quantity and quality of stormwater will be managed both upstream and within the subdivision development and assess the impact of stormwater runoff from this developed subdivision on abutting lands, on the downstream storm sewer outlet systems and on downstream water courses. The report shall deal with the control of both the 1:5, 1:100 and regional storm events, so as to limit the volume of flow generated on the site to pre-development levels. The Regional Storm flow path is to be set out on the plan(s). The report shall set out any necessary improvements to downstream storm sewers and water courses. The civil engineering consultant shall meet with the Development Approvals Section prior to commencing the stormwater management report.
17. The owner/applicant shall be responsible for the design of any required stormwater management facility as part of the servicing plans for the subdivision and the owner/applicant shall provide the lands for the stormwater management facility as a condition of this development.
18. The owner/applicant shall provide Utilities Servicing Plans, designed by a consulting engineer with a valid Certificate of Authorization from the Association of Professional Engineers of Ontario, for the proposed lots, to the satisfaction of the Director of Planning Services. The utilities servicing plan, at a minimum, shall show 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 provided prior to construction of any individual phase. The owner/applicant shall be responsible for all costs associated with the installation of said services.
19. The owner/applicant shall provide, as part of the submission of servicing plans, a Siltation Control Plan detailing the location and types of sediment and erosion control measures to be implemented during each phase of construction. Said plan shall be to the satisfaction of the General Manager of Growth and Infrastructure and the Nickel District Conservation Authority. The siltation control shall remain in place until all disturbed areas have been stabilized. All sediment and erosion control measures shall be inspected daily to ensure that they are functioning properly and are maintained and/or updated as required. If the sediment and erosion control measures are not functioning properly, no further work shall occur until the sediment or erosion problem is addressed.
20. The proposed internal subdivision roadway is to be built to a collector urban standard, including barrier curb and gutters, storm sewers, sidewalk on both sides of the roadway, one lane of travel in each direction, a centre turn lane, and a 2.1 meter wide boulevard, all to the City of Greater Sudbury Engineering Standards at the time of submission.
21. Streetlights for this subdivision will be designed and constructed by Greater Sudbury Hydro Plus Inc. at the cost of the owner/applicant.
22. The owner/applicant shall provide Master Servicing Plans for both the sanitary and storm sewer as well as watermains as they pertain to the new subdivision layout. Said plans are to show general alignment details, number of units and area serviced by individual runs, pipe diameter and flow direction. Said plan shall ensure that pipe diameters and alignments are established in order to support all phases of development.
23. The owner/applicant is to provide proof of sufficient fire flow in conjunction with the submission of construction drawings for each phase of construction to the satisfaction of the General Manager of Growth and Infrastructure Services. All costs associated with upgrading the existing distribution system to service this subdivision will be borne totally by the owner/applicant.
24. The owner/applicant is to provide proof of sufficient sanitary sewer capacity in conjunction with the submission of construction drawings for each phase of construction to the satisfaction of the General Manager of Growth and Infrastructure Services. All costs associated with upgrading the existing collection system and/or sewage lift stations to service this subdivision will be borne totally by the owner/applicant.
25. The owner will be required to ensure that the corner radius for all intersecting streets is to be 9.0m.
26. The owner agrees to provide the required soils report, stormwater, water, sanitary sewer and plans to the Director of Planning Services prior to or concurrently with the submission of servicing plans for the first phase of the subdivision.
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 Services is to be advised by the General Manager of Growth and Infrastructure, that sufficient sewage treatment capacity and water capacity exists to service the development.
28. Final approval for registration may be issued in phases to the satisfaction of the Director of Planning Services, provided that:
  1. Phasing is proposed in an orderly progression, in consideration of such matters as the timing of road improvements, infrastructure and other essential services; and,
  2. All agencies agree to registration by phases and provide clearances, as required, for each phase proposed for registration; furthermore, the required clearances may relate to lands not located within the phase sought to be registered.
29. That the owner/applicant shall have completed all major outstanding infrastructure deficiencies that are critical to the overall function of the subdivision in previous phases of the plan that have been registered, or have made arrangements for their completion, prior to registering a new phase of the plan, to the satisfaction of the General Manager of Growth and Infrastructure Services.
30. A stormwater management report and associated plans must be submitted by the Owner’s Consulting Engineer to the satisfaction of the General Manager of Growth and Infrastructure. The storm-water management report must address the following requirements:
  1. The underground storm sewer system within the plan of subdivision must be designed to accommodate and/or convey the minor storm flow, that is, the rainfall runoff resulting from the subject site and any external tributary areas using the City’s 2 year design storm. The permissible minor storm discharge from the subject development must be limited to the existing pre-development site runoff resulting from a 2 year design storm. Any resulting post development runoff in excess of this permissible discharge rate must be controlled and detained within the plan of subdivision;
  2. The overland flow system within the plan of subdivision must be designed to accommodate and/or convey the major storm flow, that is, the rainfall runoff resulting from the subject site and any external tributary areas using the City’s 100 year design storm or Regional storm event, whichever is greater, without causing damage to proposed and adjacent public and private properties. The permissible major storm discharge from the subject development must be limited to the existing pre-development runoff resulting from a 100 year design storm or Regional storm event, whichever is greater. Any resulting post development runoff in excess of this permissible discharge rate must be controlled and detained within the plan of subdivision;
  3. “Enhanced” level must be used for the design of stormwater quality controls as defined by the Ministry of the Environment, Conservation and Parks;
  4. The lands are located within the Algonquin Road watershed. Stormwater management must follow stormwater management approach as per direction of the General Manager of Growth and Infrastructure.
  5. The drainage catchment boundary including external tributary catchments and their respective area must be clearly indicated with any stormwater management plan;
  6. The final grading of the lands shall be such that the surface water originating on or tributary to the said lands, including roof water from buildings and surface water from paved areas, will be discharged in a manner satisfactory to the General Manager of Growth and Infrastructure;
  7. Minor storm drainage from the plan of subdivision shall not be drained overland onto adjacent properties; and,
  8. Existing drainage patterns on adjacent properties shall not be altered unless explicit permission is granted.
31. The owner shall be responsible for the design and construction of any required stormwater management works to the satisfaction of the General Manager of Growth and Infrastructure as part of the servicing plans for the subdivision and the owner shall dedicate the lands for stormwater management works as a condition of this development.
32. The owner acknowledge that a Traffic Impact Study(ies) will be required for any future development to the satisfaction of the General Manager of Growth and Infrastructure.
33. The applicant shall, to the satisfaction of the General Manager of Growth and Infrastructure, provide a soils report prepared by a geotechnical engineer licensed in the Province of Ontario. Said report shall, as a minimum, provide factual information on the soils and groundwater conditions within the proposed development. Also, the report should include design information and recommended construction procedures for the following items: storm and sanitary sewers, watermains, roads the mass filling of land, surface drainage works including erosion control, slope stability (if applicable) and building foundations. The geotechnical information on building foundations shall be to the satisfaction of the Chief Building Official. A soils caution agreement, if required, shall be registered o title to the satisfaction of the Chief Building Official and City Solicitor. The owner shall be responsible for the legal costs of preparing and registering the agreement.
34. The applicant shall provide proof of sufficient fire flow capacity in conjunction with the submission of construction drawings for each phase of construction.
35. The development 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.
  1. The owner/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.
  2. 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.
  3. The geotechnical report will provide recommendations and specifications on the following activity as a minimum but not limited to:
    1. Pre-blast survey of surface structures and infrastructure within affected area;
    2. Trial blast activities;
    3. Procedures during blasting;
    4. Procedures for addressing blasting damage complaints;
    5. Blast notification mechanism to adjoining residences; and,
    6. Structural stability of exposed rock faces.
  4. 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.
  5. Should the owner/developer’s schedule require to commence blasting and rock removal prior to the Subdivision Agreement having been signed, a site alteration permit shall be required under the City of Greater Sudbury’s By-law #2099-170 and shall require a similar geotechnical report as a minimum prior to its issuance.
  6. The geotechnical engineer will be required to address the On-site and Excess Soil Management in accordance with Ontario Regulation 406/19 under jurisdiction of Environmental Protection Act, R.S.O. 1990, c. E.19.
36. The Owner acknowledges and agrees to convey any easement(s) as deemed necessary by Bell Canada to service this new development. The Owner further agrees and acknowledges to convey such easements at no cost to Bell Canada.
37. The Owner agrees that should any conflict arise with existing Bell Canada facilities where a current and valid easement exists within the subject area, the Owner shall be responsible for the relocation of any such facilities or easements at their own cost.
38. The owner/developer must transfer a three metre (3m) wide easement, to be registered on title to the subject property, to Greater Sudbury Hydro Inc. for that portion of the residential subdivision that fronts on any existing or proposed road allowances. The owner/developer must transfer a four metre (4m) wide easement, to be registered on title to the subject property, to Greater Sudbury Hydro Inc. for that portion of the industrial subdivision that fronts on any existing or proposed road allowances. The Owner/Developer will be responsible for all legal and survey costs associated with this. The owner/developer is also responsible for obtaining/providing a Postponement in favour of Greater Sudbury Hydro Inc’s interest with respect to any and all existing Charge/Mortgage/Lien and/or Encumbrance of Land registered on title to this property. The Owner/Development will be responsible for all costs associated with obtaining said Postponement.
39. The Owner provides to Enbridge the necessary easements and/or agreements required by Enbridge for the provision of gas services for this project, in a form satisfactory to Enbridge Gas Inc.
40. The owner shall provide a geotechnical report prepared, sealed, signed, and dated by a geotechnical engineer licensed in the Province of Ontario that considers and addresses soil stability in the areas of historical wetlands.
41. The owner shall develop a Stormwater Management Report and plan prepared, sealed, signed, and dated by a professional engineer licensed in the Province of Ontario. The stormwater management report must consider the wetland areas in the hydrologic model of pre-development conditions. Should the stormwater system discharge to a natural receiver, the hydrologic model must consider the greater of the peak flows generated from 100 year and Timmins Storm events.
YEAS: (5) Councillor Lapierre, Councillor Cormier, Councillor Leduc, Councillor Landry-Altmann, and Councillor Fortin
CARRIED (5 to 0)
Public comment has been received and considered and had no effect on Planning Committee’s decision as the application represents good planning.

4.3
1876,1882, 1890, Bancroft Drive, Sudbury

The Planning Committee was adjourned, and the Public Hearing was opened to deal with the application:

The applicant, Barry Kindrat was present.

Stephanie Poirier, Senior Planner, outlined the report.

The Planning Department staff responded to questions from the Committee members.

The applicant responded to questions from the Committee members.

The following concerned area resident provided comments to the Committee members:

Dorothy Klein.

The chair asked whether there was anyone who wished to speak in favor or against the application and hearing none:

The Public Hearing was closed, and the Planning Committee resumed to discuss and vote on the application.

Rules of Procedure

Councillor Cormier moved to waive reading of the resolution.

CARRIED

The following resolution was presented:
PL2024-70
Moved ByCouncillor Leduc
Seconded ByCouncillor Fortin
THAT the City of Greater Sudbury approves the application by 2828566 Ontario Inc. and Barron West Inc. to amend By-law 2010-100Z by changing the zoning classification from “R1” Low Density Residential One and R2-2 Low Density Residential Two to “R3(S)”, Medium Density Residential Special, on lands described as Part of PINs 73578-0065 and 73578-0273 and PIN 73578-0577, Parcels 14730 &8651, Part 1, Plan 53R-4659, Lot 12, Concession 3, Township of Neelon, as outlined in the report entitled “1876, 1882 and 1890 Bancroft Drive, Sudbury”, from the General Manager of Growth and Infrastructure, presented at the Planning Committee meeting on April 29, 2024, subject to the following conditions:
1. That prior to the enactment of the amending zoning by-law the owner shall submit a registered survey plan describing the lands to be rezoned to the satisfaction of the Director of Planning Services;
2. That the amending zoning by-law include the following site-specific provisions:
  1. That the only permitted use shall be row dwellings with a maximum of 40 dwelling units;
  2. That a minimum lot frontage of 13.5 m shall be permitted;
  3. That planting strips shall only be required along that portion of the westerly interior lot line of the subject lands abutting Parcel 6853, Lot 12, Concession 3, Township of Neelon and shall only be required along that portion of the easterly interior lot line of the subject lands abutting the retained portions of Parcels 14730 and 8651.
3. That conditional approval shall lapse on April 30, 2026, unless Condition #1 above has been met or an extension has been granted by Council.
YEAS: (5) Councillor Lapierre, Councillor Cormier, Councillor Leduc, Councillor Landry-Altmann, and Councillor Fortin
CARRIED (5 to 0)
Public comment has been received and considered and had no effect on Planning Committee's decision as the application represents good planning.