Minutes

For the Planning Committee Meeting

Monday, June 12, 2023

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

Tom Davies Square

Present (Mayor and Councillors)

• Councillor Lapierre, 
• Councillor Fortin, 
• 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, 
• Glen Ferguson, Senior Planner, 
• Mauro Manzon, Senior Planner, 
• Joe Rocca, Director of Infrastructure and Capital Planning, 
• Brigitte Sobush, Manager of Clerk's Services/Deputy City Clerk, 
• Ashley Gosselin, Clerk's Services Assistant , 
• Regina Sgueglia, Clerk's Services Assistant, 
• and Srijana Rasaily, Clerk's Services Assistant 

Councillor Cormier, In the Chair

---

1.

Call to Order

The meeting commenced at 11: 30 a.m.

2.

Roll Call

A roll call was conducted prior to the commencement of moving into closed session. 

3.

Closed Session

• The following resolution was presented:

  PL2023-85
  Moved By Councillor Leduc
  Seconded By Councillor Fortin

  THAT the City of Greater Sudbury moves to Closed Session to deal with two (2) Proposed or Pending Acquisition or Disposition of Land Matters, the first regarding Pine Street and the second regarding First Avenue, Levack in accordance with the Municipal Act, 2001, par. 239(2)(c).

  CARRIED

  At 11:31 a.m., the Planning Committee moved into Closed Session. 

  
  

4.

Recess

At 12:01 p.m., the Planning Committee recessed. 

5.

Open Session

At 1:01 p.m., the Planning Committee commenced the Open Session. 

6.

Roll Call

A roll call was conducted.

7.

Declarations of Pecuniary Interest and the General Nature Thereof

None declared.

8.

Public Hearings

8.1

221 Linden Drive, Hanmer

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

Gerald Rivest, the owner of the property was present. 

Glen Ferguson, Senior Planner, outlined the report and responded to questions from the Committee Members. 

The Chair asked whether there was anyone else who wished to speak in favour or against this application and hearing none: 

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

• The following resolution was presented: 

  PL2023-86
  Moved By Councillor Leduc
  Seconded By Councillor Fortin

  THAT the City of Greater Sudbury approves the application by Carol Kirwan to amend Zoning By-law 2010-100Z in order to extend a temporary use permission in the form of a garden suite for a period of three years in accordance with Section 39.1(4) of the Planning Act on those lands described as PIN 73508-1173, Parcel 49266, Plan 53R-12670, Lot 12, Concession 3, Township of Capreol, as outlined in the report entitled “221 Linden Drive, Hanmer”, from the General Manager of Growth and Infrastructure, presented at the Planning Committee meeting on June 12, 2023, subject to the following conditions:

  1. That the owner apply for a building permit for the garden suite to the satisfaction of the Chief Building Official.
  2. That conditional approval shall lapse on October 13, 2023.

  YEAS: (5)

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

  CARRIED (5 to 0)

  As no public comment, written, or oral, has been received, there was no effect on the Planning Committee's decision. 

  
  

8.2

6040 Municipal Road 80, Hanmer

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

Kevin Jarus, agent for the applicant was present. 

Glen Ferguson, Senior Planner, outlined the report and responded to questions from the Committee Members. 

The agent for the applicant addressed the Committee and responded to questions from the Committee Members. 

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

Deborah Dumontelle. 

The Chair asked whether there was anyone else who wished to speak in favour or against this application and hearing none: 

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

• The following resolution was presented: 

  PL2023-87
  Moved By Councillor Fortin
  Seconded By Councillor Landry-Altmann

  Resolution regarding the Zoning By-law Amendment:

  THAT the City of Greater Sudbury approves the application by 2576709 Ontario Ltd. to amend Zoning By-law 2010-100Z by changing the zoning classification on a middle portion of the subject lands from “FD(6)”, Future Development Special to “R1-5”, Low Density Residential One on those lands described as PINs 73503-1706 & 73503-1711, Parts 1 to 4, Plan 53R-21413, Part of Lot 1, Concession 3, Township of Hanmer, as outlined in the report entitled “6040 Municipal Road #80, Hanmer”, from the General Manager of Growth and Infrastructure, presented at the Planning Committee meeting on June 12, 2023 subject to the following condition:

  That the amending zoning by-law include a holding symbol that may only be removed from the lands once sufficient municipal sanitary sewer capacity is available in order to service the development of 36 urban residential lots.

  YEAS: (5)

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

  CARRIED (5 to 0)

• Rules of Procedure

  With the concurrence of the Committee, the reading of the resolution was waived. 

  The following resolution was presented: 

  PL2023-88

  Moved by Councillor Leduc 

  Seconded by Councillor Fortin 

  Resolution regarding the Draft Plan of Subdivision:

  THAT the City of Greater Sudbury’s delegated official be directed to withdraw the previous draft plan approval issued on a southerly part of the lands and issue a new draft plan approval for a plan of subdivision on those lands described as PINs 73503-1706 & 73503-1711, Parts 1 to 4, Plan 53R-21413, Part of Lot 1, Concession 3, Township of Hanmer, as outlined in the report entitled “6040 Municipal Road #80, Hanmer”, from the General Manager of Growth and Infrastructure, presented at the Planning Committee meeting on June 12, 2023, 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 73503-1706 & 73503-1711, Parts 1 to 4, Plan 53R-21413, Part of Lot 1, Concession 3, Township of Hanmer, as shown on the draft plan of subdivision plan prepared by Tulloch Geomatics Inc. and dated December 15, 2022, and signed by the owner on December 20, 2022;
  2. That the street(s) be named and approved by the municipality and to the satisfaction of the City Solicitor;
  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 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;
  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 to the satisfaction of the Director of Planning Services;
  5. 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;
  6. That 5% of the cash value of the land that is included in the plan of subdivision be provided to the municipality for parks purposes in accordance with Section 51.1 of the Planning Act to the satisfaction of the Director of Leisure Services and the City Solicitor;
  7. 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;
  8. 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;
  9. That the proposed internal subdivision roadways are to be built to urban standards, including mountable curb and gutters, storm sewers and related appurtenances to the City of Greater Sudbury Engineering Standards at the time of submission and to the satisfaction of the General Manager of Growth and Infrastructure;
  10. That the owner shall be required to have all stormwater management facilities constructed and approved by the municipality prior to initial acceptance of roads and sewers or at such time as the Director of Planning Services may direct and to the satisfaction of the General Manager of Growth and Infrastructure. The owner shall provide lands for said facilities as required by the municipality;
  11. 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;
  12. That this draft approval does not guarantee any allocation of municipal sewer or water capacity and that 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;
  13. The final plan shall be integrated with the City of Greater Sudbury Control Network (CGSCN) to the satisfaction of the Manager of GIS Operations. The survey shall be referenced to NAD83(CSRS) with grid coordinates expressed in UTM Zone 17 projection and connected to two nearby CGSCN monuments. The survey plan must be submitted in an AutoCAD compatible digital format. The submission shall be the final subdivision plan in content, form and format and properly geo-referenced;
  14. That final approval for subdivision 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 having consideration for such matters as the timing of road improvements, infrastructure and other essential services; and,
      2. All agencies and departments agree to phased registration(s) and provide clearances where and if required for each phase. The required agency and department clearances may also further relate to lands not located within the phase sought to be registered.
  15. That the owner shall 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. All costs associated with upgrading the existing distribution system to service this subdivision will be borne totally by the owner;
  16. The owner shall 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. All costs associated with upgrades to the downstream works required to service this subdivision will be borne totally by the owner;
  17. That the owner shall have completed all major outstanding infrastructure deficiencies that are critical to the overall function of the subdivision in any previous phase(s) of the plan that have been registered and/or have made arrangements for their completion prior to registering a new phase of the plan all to the satisfaction of the General Manager of Growth and Infrastructure;
  18. 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;
  19. That as part of the submission of servicing plans, the owner shall have any rear yard 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;
  20. That the owner shall provide to the municipality 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 the construction of each phase of the project. The siltation control plan shall be to the satisfaction of the General Manager of Growth and Infrastructure and the Nickel District Conservation Authority. The measures required in the siltation control plan 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 then no further work shall occur until the sediment and/or erosion problem is addressed;
  21. That prior to the submission of servicing plans, the owner shall provide a soils report prepared by a geotechnical engineer licensed in the Province of Ontario to the satisfaction of the General Manager of Growth and Infrastructure. The soils report shall at a minimum provide factual information on the soils and groundwater conditions within the proposed development. The soils report should also include design information and recommend construction procedures for storm and sanitary sewers, watermains, roads, the mass filling of land, surface drainage works including storm erosion control, slope stability and building foundations. The geotechnical information on building foundations shall be to the satisfaction of the Chief Building Official. The geotechnical engineer must also address requirements as it relates to the development under Ontario Regulation 406/19: On-Site and Excess Soil Management. If required, a soils caution agreement shall be registered on 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;
  22. That during the subdivision agreement registration process and based on anticipated quantities of removal of rock through blasting the following draft approval conditions are imposed:
      1. That the owner provides a geotechnical report outlining how work related to blasting shall be undertaken safely in order to protect adjoining structures and other infrastructure to the satisfaction of the Chief Building Official. The geotechnical report shall be prepared by a qualified blasting consultant defined as a professional engineer licensed in the Province of Ontario having a minimum of five-years experience related to blasting;
      2. That the blasting consultant shall be retained by the owner and shall be independent of the contractor and any sub-contractor that is performing blasting work. The blasting consultant shall be required to complete specified vibration monitoring that is recommended in the geotechnical report and provide a report detailing recorded vibration levels to the satisfaction of the Chief Building Official. Copies of the recorded ground vibration documents shall be provided to the contractor and any sub-contractor administration weekly or upon request;
      3. That the geotechnical report provide recommendations and specifications to the satisfaction of the Chief Building Official on the following as a minimum, but not necessarily limited to:
         1. Pre-blast survey of surface structures and infrastructure within the affected area;
         2. Trial blast activities;
         3. Procedures during blasting;
         4. Procedures for addressing blasting and damage complaints;
         5. Blast notification mechanism(s) for adjacent residences; and,
         6. Structural stability of exposed rock faces.
      4. That the geotechnical report shall be submitted to the satisfaction of the Chief Building Official prior to the commencement of any removal of rock from the lands via blasting. Should the owner’s construction schedule require the commencement of blasting and rock removal prior to the subdivision agreement having been signed, the owner is advised that a site alteration permit shall be required under the City of Greater Sudbury's Bylaw 2009-170 and shall require a similar geotechnical report as a minimum prior to its issuance;
  23. That owner shall provide a detailed lot grading plan 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 servicing plans to the satisfaction of the General Manager of Growth and Infrastructure.
      The lot grading plan must show finished grades around building envelopes, retaining walls, swales, slopes and lot corners. The lot grading plan must also show sufficient grades on boundary properties to mesh the lot grading of the new site to existing properties;
  24. That the owner agrees to provide the required soils report, stormwater, water, sanitary sewer and lot grading master planning reports and plans to the satisfaction of the Director of Planning Services and prior to or concurrently with the submission of servicing plans for the first phase of the subdivision;
  25. That a storm-water management report and associated plans be submitted by the owner’s engineering consultant for approval by the municipality and to the satisfaction of the General Manager of Growth and Infrastructure. The storm-water management report must address the following requirements:
      1. That the underground storm sewer system within the plan of subdivision must be designed to accommodate and/or convey the minor storm flow which is the rainfall runoff resulting from the subject site and any external tributary areas using the City’s two-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 two-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. That the overland flow system within the plan of subdivision must be designed to accommodate and/or convey the major storm flow which is the rainfall runoff resulting from the subject site and any external tributary areas using the greater of the City’s 100-year design storm or Regional storm event 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 the greater of the 100-year design storm or Regional storm event;
      3. That a hierarchical approach to storm-water management must be followed as described by the Ministry of the Environment, Conservation and Parks and as amended by City of Greater Sudbury;
      4. That the “enhanced” level must be used for the design of storm-water quality controls as defined by the Ministry of the Environment, Conservation and Parks;
      5. That storm-water management must follow the recommendations of the Whitson River Sub-Watershed Study;
      6. That the drainage catchment boundary including external tributary catchments and their respective area must be clearly indicated within any storm-water management plan;
      7. That 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;
      8. That minor storm drainage from the plan of subdivision shall not be drained overland onto adjacent properties; and,
      9. That existing drainage patterns on adjacent properties shall not be altered unless explicit permission is granted.
  26. That the owner shall be responsible for the design and construction of any required storm-water 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 storm-water management works as a condition of this development to the satisfaction of the City Solicitor; and,
  27. That this draft approval shall lapse three years from the date on which draft approval is issued.

  Rules of Procedure 

  Councillor Lapierre presented the following amendment: 

  PL2023-88-A1
  Moved By Councillor Lapierre
  Seconded By Councillor Fortin

  THAT the resolution be amended to replace the wording in condition #9 with "That the proposed internal subdivision roadways are to be built to a rural standard and includes 2.0 m wide paved shoulders and traffic calming, to the City of Greater Sudbury's Engineering Standards at the time of submission and to the satisfaction of the General Manger of Growth & Infrastructure."

  YEAS: (1)	Councillor Lapierre
  NAYS: (4)	Councillor Fortin, Councillor Cormier, Councillor Leduc, and Councillor Landry-Altmann

  DEFEATED (1 to 4)

• Rules of Procedure

  With the concurrence of the Committee, the reading of the resolution was waived. 

  The following resolution was presented: 

  PL2023-88
  Moved By Councillor Leduc
  Seconded By Councillor Fortin

  Resolution regarding the Draft Plan of Subdivision:

  THAT the City of Greater Sudbury’s delegated official be directed to withdraw the previous draft plan approval issued on a southerly part of the lands and issue a new draft plan approval for a plan of subdivision on those lands described as PINs 73503-1706 & 73503-1711, Parts 1 to 4, Plan 53R-21413, Part of Lot 1, Concession 3, Township of Hanmer, as outlined in the report entitled “6040 Municipal Road #80, Hanmer”, from the General Manager of Growth and Infrastructure, presented at the Planning Committee meeting on June 12, 2023, 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 73503-1706 & 73503-1711, Parts 1 to 4, Plan 53R-21413, Part of Lot 1, Concession 3, Township of Hanmer, as shown on the draft plan of subdivision plan prepared by Tulloch Geomatics Inc. and dated December 15, 2022, and signed by the owner on December 20, 2022;
  2. That the street(s) be named and approved by the municipality and to the satisfaction of the City Solicitor;
  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 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;
  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 to the satisfaction of the Director of Planning Services;
  5. 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;
  6. That 5% of the cash value of the land that is included in the plan of subdivision be provided to the municipality for parks purposes in accordance with Section 51.1 of the Planning Act to the satisfaction of the Director of Leisure Services and the City Solicitor;
  7. 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;
  8. 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;
  9. That the proposed internal subdivision roadways are to be built to urban standards, including mountable curb and gutters, storm sewers and related appurtenances to the City of Greater Sudbury Engineering Standards at the time of submission and to the satisfaction of the General Manager of Growth and Infrastructure;
  10. That the owner shall be required to have all stormwater management facilities constructed and approved by the municipality prior to initial acceptance of roads and sewers or at such time as the Director of Planning Services may direct and to the satisfaction of the General Manager of Growth and Infrastructure. The owner shall provide lands for said facilities as required by the municipality;
  11. 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;
  12. That this draft approval does not guarantee any allocation of municipal sewer or water capacity and that 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;
  13. The final plan shall be integrated with the City of Greater Sudbury Control Network (CGSCN) to the satisfaction of the Manager of GIS Operations. The survey shall be referenced to NAD83(CSRS) with grid coordinates expressed in UTM Zone 17 projection and connected to two nearby CGSCN monuments. The survey plan must be submitted in an AutoCAD compatible digital format. The submission shall be the final subdivision plan in content, form and format and properly geo-referenced;
  14. That final approval for subdivision 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 having consideration for such matters as the timing of road improvements, infrastructure and other essential services; and,
      2. All agencies and departments agree to phased registration(s) and provide clearances where and if required for each phase. The required agency and department clearances may also further relate to lands not located within the phase sought to be registered.
  15. That the owner shall 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. All costs associated with upgrading the existing distribution system to service this subdivision will be borne totally by the owner;
  16. The owner shall 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. All costs associated with upgrades to the downstream works required to service this subdivision will be borne totally by the owner;
  17. That the owner shall have completed all major outstanding infrastructure deficiencies that are critical to the overall function of the subdivision in any previous phase(s) of the plan that have been registered and/or have made arrangements for their completion prior to registering a new phase of the plan all to the satisfaction of the General Manager of Growth and Infrastructure;
  18. 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;
  19. That as part of the submission of servicing plans, the owner shall have any rear yard 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;
  20. That the owner shall provide to the municipality 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 the construction of each phase of the project. The siltation control plan shall be to the satisfaction of the General Manager of Growth and Infrastructure and the Nickel District Conservation Authority. The measures required in the siltation control plan 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 then no further work shall occur until the sediment and/or erosion problem is addressed;
  21. That prior to the submission of servicing plans, the owner shall provide a soils report prepared by a geotechnical engineer licensed in the Province of Ontario to the satisfaction of the General Manager of Growth and Infrastructure. The soils report shall at a minimum provide factual information on the soils and groundwater conditions within the proposed development. The soils report should also include design information and recommend construction procedures for storm and sanitary sewers, watermains, roads, the mass filling of land, surface drainage works including storm erosion control, slope stability and building foundations. The geotechnical information on building foundations shall be to the satisfaction of the Chief Building Official. The geotechnical engineer must also address requirements as it relates to the development under Ontario Regulation 406/19: On-Site and Excess Soil Management. If required, a soils caution agreement shall be registered on 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;
  22. That during the subdivision agreement registration process and based on anticipated quantities of removal of rock through blasting the following draft approval conditions are imposed:
      1. That the owner provides a geotechnical report outlining how work related to blasting shall be undertaken safely in order to protect adjoining structures and other infrastructure to the satisfaction of the Chief Building Official. The geotechnical report shall be prepared by a qualified blasting consultant defined as a professional engineer licensed in the Province of Ontario having a minimum of five-years experience related to blasting;
      2. That the blasting consultant shall be retained by the owner and shall be independent of the contractor and any sub-contractor that is performing blasting work. The blasting consultant shall be required to complete specified vibration monitoring that is recommended in the geotechnical report and provide a report detailing recorded vibration levels to the satisfaction of the Chief Building Official. Copies of the recorded ground vibration documents shall be provided to the contractor and any sub-contractor administration weekly or upon request;
      3. That the geotechnical report provide recommendations and specifications to the satisfaction of the Chief Building Official on the following as a minimum, but not necessarily limited to:
         1. Pre-blast survey of surface structures and infrastructure within the affected area;
         2. Trial blast activities;
         3. Procedures during blasting;
         4. Procedures for addressing blasting and damage complaints;
         5. Blast notification mechanism(s) for adjacent residences; and,
         6. Structural stability of exposed rock faces.
      4. That the geotechnical report shall be submitted to the satisfaction of the Chief Building Official prior to the commencement of any removal of rock from the lands via blasting. Should the owner’s construction schedule require the commencement of blasting and rock removal prior to the subdivision agreement having been signed, the owner is advised that a site alteration permit shall be required under the City of Greater Sudbury's Bylaw 2009-170 and shall require a similar geotechnical report as a minimum prior to its issuance;
  23. That owner shall provide a detailed lot grading plan 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 servicing plans to the satisfaction of the General Manager of Growth and Infrastructure.
      The lot grading plan must show finished grades around building envelopes, retaining walls, swales, slopes and lot corners. The lot grading plan must also show sufficient grades on boundary properties to mesh the lot grading of the new site to existing properties;
  24. That the owner agrees to provide the required soils report, stormwater, water, sanitary sewer and lot grading master planning reports and plans to the satisfaction of the Director of Planning Services and prior to or concurrently with the submission of servicing plans for the first phase of the subdivision;
  25. That a storm-water management report and associated plans be submitted by the owner’s engineering consultant for approval by the municipality and to the satisfaction of the General Manager of Growth and Infrastructure. The storm-water management report must address the following requirements:
      1. That the underground storm sewer system within the plan of subdivision must be designed to accommodate and/or convey the minor storm flow which is the rainfall runoff resulting from the subject site and any external tributary areas using the City’s two-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 two-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. That the overland flow system within the plan of subdivision must be designed to accommodate and/or convey the major storm flow which is the rainfall runoff resulting from the subject site and any external tributary areas using the greater of the City’s 100-year design storm or Regional storm event 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 the greater of the 100-year design storm or Regional storm event;
      3. That a hierarchical approach to storm-water management must be followed as described by the Ministry of the Environment, Conservation and Parks and as amended by City of Greater Sudbury;
      4. That the “enhanced” level must be used for the design of storm-water quality controls as defined by the Ministry of the Environment, Conservation and Parks;
      5. That storm-water management must follow the recommendations of the Whitson River Sub-Watershed Study;
      6. That the drainage catchment boundary including external tributary catchments and their respective area must be clearly indicated within any storm-water management plan;
      7. That 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;
      8. That minor storm drainage from the plan of subdivision shall not be drained overland onto adjacent properties; and,
      9. That existing drainage patterns on adjacent properties shall not be altered unless explicit permission is granted.
  26. That the owner shall be responsible for the design and construction of any required storm-water 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 storm-water management works as a condition of this development to the satisfaction of the City Solicitor; and,
  27. That this draft approval shall lapse three years from the date on which draft approval is issued.

  YEAS: (5)

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

  CARRIED (5 to 0)

  Public comment has been received and considered and had no effect on the Planning Committee's decision as the application represents good planning. 

  Councillor Labbée joined the meeting at 1:11 p.m.

  
  

8.3

219-235 O’Neil Drive East, Garson

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

Kevin Jarus, agent for the applicant was present. Paul Charbonneau, the owner of the property, was present.

Mauro Manzon, Senior Planner, outlined the report and responded to questions from the Committee Members. 

The agent for the applicant addressed the Committee and responded to questions from the Committee Members.

The applicant addressed the Committee and responded to questions from the Committee Members. 

The Chair asked whether there was anyone else who wished to speak in favour or against this application and hearing none: 

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

• The following resolution was presented: 

  PL2023-89
  Moved By Councillor Leduc
  Seconded By Councillor Landry-Altmann

  Resolution regarding the Official Plan Amendment:
  

  THAT the City of Greater Sudbury approves the application by Sudbury Apartment Rentals Limited & 2347179 Ontario Limited to amend the City of Greater Sudbury Official Plan by providing a site-specific exception to the policies of Section 3.2: Living Area Designations in order to permit a high density residential use within an existing building on lands described as PIN 73494-0429, Lots 13-14, Plan M-690, Parcel 33171 S.E.S., & PIN 73494-0448, Lots 15-18, Plan M-690, Parcel 32542 S.E.S., in Lot 5, Concession 1, Township of Garson, as outlined in the report entitled “219-235 O’Neil Drive East, Garson” from the General Manager of Growth and Infrastructure, presented at the Planning Committee meeting on June 12, 2023.

  YEAS: (5)

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

  CARRIED (5 to 0)

• Rule of Procedure

  With the concurrence of the Committee, the reading of the resolution was waived. 

  The following resolution was presented: 

  PL2023-90 

  Moved by Councillor Fortin 

  Seconded by Councillor Leduc

   

  Resolution regarding the Rezoning Application:

  THAT the City of Greater Sudbury approves the application by Sudbury Apartment Rentals Limited & 2347179 Ontario Limited to amend Zoning By-law 2010-100Z by changing the zoning classification from “R3(23)", Medium Density Residential Special and “R3.D60”, Medium Density Residential to a revised “R3 Special", Medium Density Residential Special on lands described as PIN 73494-0429, Lots 13-14, Plan M-690, Parcel 33171 S.E.S., & PIN 73494-0448, Lots 15-18, Plan M-690, Parcel 32542 S.E.S., in Lot 5, Concession 1, Township of Garson, as outlined in the report entitled “219-235 O’Neil Drive East, Garson” from the General Manager of Growth and Infrastructure, presented at the Planning Committee meeting on June 12, 2023, subject to the following conditions:

  1. In addition to the uses permitted in the “R3”, Medium Density Residential zone, the following zone standards shall apply to existing buildings:
     1. A minimum lot area of 73 m² per dwelling unit shall be permitted;
     2. Notwithstanding Table 6.5, more than 30 units may be permitted within the existing building located on Lots 15-18, Plan M-690;
     3. The location of existing buildings shall be permitted;
     4. One (1) parking space per row dwelling unit and 0.76 spaces per multiple dwelling unit;
     5. A maximum of 16 parking spaces shall be permitted within the required exterior yard of Lots 15-18, Plan M-690 and the easterly portion of Lot 14, Plan M-690 excluding those areas adjacent to the building entrance, accessibility ramp, and the intersection of Margaret Street;
     6. A 3.0 metre-wide landscaped area adjacent to the street line shall not be required where exterior yard parking is permitted on Lots 15-18, Plan M-690 and the easterly portion of Lot 14, Plan M-690;
     7. Required parking may encroach into the required exterior yard of Lot 13, Plan M-690 abutting Moreau Avenue provided a minimum 3.0 metre-wide landscaped area adjacent to the street line is maintained;
     8. The minimum width of a driveway accessing a parking area shall be 5.5 metres;
     9. A privacy yard depth of five (5) metres shall be permitted for existing row dwellings;
     10. In lieu of a planting strip, a minimum 1.5 metre-high opaque fence shall be provided along the easterly limit of Lot 18, Plan M-690.

  Rules of Procedure 

  Councillor Cormier presented the following amendment: 

  PL2023-90-A1
  Moved By Councillor Cormier
  Seconded By Councillor Leduc

  THAT the resolution be amended to change 94m² in condition 1.a) to 73m² and replace condition 1.d) with (1) parking space per row dwelling unit and 0.76 spaces per multiple dwelling unit.

  YEAS: (5)

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

  CARRIED (5 to 0)

• Rule of Procedure

  With the concurrence of the Committee, the reading of the resolution was waived. 

  The following resolution was presented: 

  PL2023-90
  Moved By Councillor Fortin
  Seconded By Councillor Leduc

  Resolution regarding the Rezoning Application:

  As Amended:

  THAT the City of Greater Sudbury approves the application by Sudbury Apartment Rentals Limited & 2347179 Ontario Limited to amend Zoning By-law 2010-100Z by changing the zoning classification from “R3(23)", Medium Density Residential Special and “R3.D60”, Medium Density Residential to a revised “R3 Special", Medium Density Residential Special on lands described as PIN 73494-0429, Lots 13-14, Plan M-690, Parcel 33171 S.E.S., & PIN 73494-0448, Lots 15-18, Plan M-690, Parcel 32542 S.E.S., in Lot 5, Concession 1, Township of Garson, as outlined in the report entitled “219-235 O’Neil Drive East, Garson” from the General Manager of Growth and Infrastructure, presented at the Planning Committee meeting on June 12, 2023, subject to the following conditions:

  1. In addition to the uses permitted in the “R3”, Medium Density Residential zone, the following zone standards shall apply to existing buildings:
     1. A minimum lot area of 73 m² per dwelling unit shall be permitted;
     2. Notwithstanding Table 6.5, more than 30 units may be permitted within the existing building located on Lots 15-18, Plan M-690;
     3. The location of existing buildings shall be permitted;
     4. One (1) parking space per row dwelling unit and 0.76 spaces per multiple dwelling unit;
     5. A maximum of 16 parking spaces shall be permitted within the required exterior yard of Lots 15-18, Plan M-690 and the easterly portion of Lot 14, Plan M-690 excluding those areas adjacent to the building entrance, accessibility ramp, and the intersection of Margaret Street;
     6. A 3.0 metre-wide landscaped area adjacent to the street line shall not be required where exterior yard parking is permitted on Lots 15-18, Plan M-690 and the easterly portion of Lot 14, Plan M-690;
     7. Required parking may encroach into the required exterior yard of Lot 13, Plan M-690 abutting Moreau Avenue provided a minimum 3.0 metre-wide landscaped area adjacent to the street line is maintained;
     8. The minimum width of a driveway accessing a parking area shall be 5.5 metres;
     9. A privacy yard depth of five (5) metres shall be permitted for existing row dwellings;
     10. In lieu of a planting strip, a minimum 1.5 metre-high opaque fence shall be provided along the easterly limit of Lot 18, Plan M-690.

  YEAS: (5)

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

  CARRIED (5 to 0)

  As no public comment, written or oral, has been received, there was no effect on the Planning Committee's decision. 

  
  

9.

Matters Arising from the Closed Session

Councillor Cormier, as Chair of the Closed Session, reported that the Committee met in Closed Session to deal with two proposed pending acquisition or disposition of land matters, the first regarding Pine Street and the second regarding First Avenue, Levack. One item was deferred and one recommendation emanated from this meeting. 

• The following resolution was presented: 

  PL2023-91
  Moved By Councillor Cormier
  Seconded By Councillor Leduc

  THAT the City of Greater Sudbury declares surplus to the City’s needs the Pine Street parking lot, legally described as PIN 02135-0260(LT), closed part of Dufferin Street, Block B, Plan 3SA, City of Greater Sudbury;

  AND THAT the procedures outlined in Property By-law 2008-174 be dispensed with in order to facilitate the transfer of the parking lot directly to N’Swakamok Native Friendship Centre for nominal consideration;

  AND THAT a by-law be prepared authorizing the transfer and the execution of the documents required to complete the real estate transaction.

  CARRIED

10.

Consent Agenda

• The following resolution was presented: 

  PL2023-92
  Moved By Councillor Leduc
  Seconded By Councillor Fortin

  THAT the City of Greater Sudbury approves Consent Agenda item 9.1.1.

  CARRIED

10.1

Routine Management Reports

The following is the consent agenda item: 

10.1.1

Sugarbush Subdivision, Sudbury

• PL2023-93
  Moved By Councillor Leduc
  Seconded By Councillor Fortin

  THAT the City of Greater Sudbury’s delegated official be directed to amend the conditions of draft approval for a plan of subdivision on those lands described as PIN 73377-1463, Part of Parcel 22159 A SWS, Lot 8, Concession 5, Township of Waters, File # 780-8/08011, as outlined in the report entitled “Sugarbush Subdivision, Lively”, from the General Manager of Growth and Infrastructure, presented at the Planning Committee meeting on June 12, 2023, as follows:

  1. By deleting Condition #3 and replacing it with the following:
    
  “3. That 5% of the land included in the plan of subdivision be deeded or provided to the City for parks purposes     in accordance with Section 51.1 of the Planning Act to the satisfaction of the Director of Leisure Services and     the City Solicitor.”;

  2. By adding the following at the end of Condition #4:
  
  “The geotechnical engineer will be required to address on-site and excess soil management in accordance with Ontario Regulation 406/19.”;
  
  3.    By deleting the words “Union Gas” and replacing them with “Enbridge Gas” in Condition #15;
  
  4.    By deleting the words “Coordinator of the Surveying and Mapping Services” and replacing them with “Manager of GIS Operations” in Condition #16;
  
  5.    By deleting Condition #29 and replacing it with the following:
  
  “29. That this draft approval shall lapse on May 8, 2025.”;
  
  6.    By adding a new Condition #40 as follows:
  
  “40.    The wetland(s) within the subdivision must be mapped by a qualified professional having OWES-certification with experience in wetland mapping to the satisfaction of Conservation Sudbury. The wetlands must be mapped within the location of the proposed subdivision and also within 30 metres of the proposed subdivision. All wetland mapping must include the wetland boundary, a 12 metre setback and a 30 metre setback to the wetland(s). All development within the subdivision must comply with the Conservation Sudbury Wetland Guidelines and development within 30 metres of the wetland will require a permit from Conservation Sudbury.”

  CARRIED

11.

Members' Motions

Councillor Cormier presented a Members' Motion in regards to Parkland Dedication and Land Transfers, which will be presented at the next Planning Committee meeting.

12.

Addendum

No Addendum was presented.

13.

Civic Petitions 

No Petitions were submitted.

14.

Question Period

No Questions were asked.

15.

Adjournment

• Councillor Leduc moved to adjourn the meeting. Time: 3:07 p.m.