Minutes

For the Planning Committee Meeting

Monday, June 26, 2023

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

Tom Davies Square

Present (Mayor and Councillors)

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

Absent

• Councillor Lapierre 

City Officials

• Councillor McIntosh, 
• Kris Longston, Director of Planning Services, 
• Robert Webb, Supervisor of Development Engineering, 
• Glen Ferguson, Senior Planner, 
• Mauro Manzon, Senior Planner, 
• Wendy Kaufman, Senior Planner, 
• Melissa Riou, Senior Planner, 
• Joe Rocca, Director of Infrastructure Capital Planning, 
• Terra Posadowski, Business Development Officer, 
• Brigitte Sobush, Manager of Clerk's Services/Deputy City Clerk, 
• Ashley Gosselin, Clerk's Services Assistant , 
• Srijana Rasaily, Clerk's Services Assistant, 
• and Regina Sgueglia, Clerk's Services Assistant 

Councillor Cormier, In the Chair

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1.

Call to Order

The meeting commenced at 11:50 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:

• PL2023-94
  Moved By Councillor Landry-Altmann
  Seconded By Councillor Leduc

  THAT the City of Greater Sudbury moves to Closed Session to deal with one (1) Proposed or Pending acquisition or Disposition of Land Matters regarding Gloucester Court, Sudbury; in accordance with the Municipal Act, 2001, par. 239(2)(c).

  CARRIED

  At 11:51 a.m., the Planning Committee moved into Closed Session.

  
  

4.

Recess

At 11:55 a.m., the Planning Committee recessed.

5.

Open Session

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

6.

Roll Call

A roll call was conducted.

7.

Public Hearings

7.1

880 Gravel Drive, Hanmer

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

Wendy Kaufman, Senior Planner, outlined the report.

The Chair asked whether there was anyone who wished to speak in favour or against the 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:

  PL2023-95
  Moved By Councillor Fortin
  Seconded By Councillor Leduc

  THAT the City of Greater Sudbury approves the application by Robert E. Mills to amend Zoning By-law 2010-100Z in order to extend the use of a garden suite in accordance with Section 39.1(4) of the Planning Act for a temporary period of three (3) years beginning from the date of passage of the by-law, on lands described as PIN 73506-0088, Parcel 49299 S.E.S., Part 1, Plan 53R-12851, Lot 4, Concession 4, Township of Hanmer, as outlined in the report entitled “880 Gravel Drive, Hanmer”, from the General Manager of Growth and Infrastructure, presented at the Planning Committee meeting on June 26, 2023.

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

  CARRIED (4 to 0)

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

  
  

7.2

1476 Gravel Drive, Hanmer

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

Wendy Kaufman, Senior Planner, outlined the report.

The Chair asked whether there was anyone 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:

  PL2023-96
  Moved By Councillor Fortin
  Seconded By Councillor Leduc

  THAT the City of Greater Sudbury approves the application by Adam Lafond and Celine Lafond to amend Zoning By-law 2010-100Z in order to extend the use of a garden suite in accordance with Section 39.1(4) of the Planning Act for a temporary period of three (3) years, on lands described as PIN 73506-0072, Parcel 50243 SES, Part 2, Plan 53R-13640, Lot 6, Concession 4, Township of Hanmer, as outlined in the report entitled “1476 Gravel Drive, Hanmer”, from the General Manager of Growth and Infrastructure, presented at the Planning Committee meeting on June 26, 2023.

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

  CARRIED (4 to 0)

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

  
  

7.3

105 Notre Dame Street East, Azilda

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

Aaron Ariganello and Vanessa Smith, Tulloch Engineering Ltd., agents for the applicant were present.

Mauro Manzon, Senior Planner, outlined the report.

Aaron Ariganello, the agent for the applicant provided comments to the Committee Members.

The Chair asked whether there was anyone 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.

• Rules of Procedure

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

  The following resolution was presented:

  PL2023-97
  Moved By Councillor Fortin
  Seconded By Councillor Leduc

  THAT the City of Greater Sudbury approves the application by 2538085 Ontario Inc. to amend Zoning By-law 2010-100Z by changing the zoning classification from “C2”, General Commercial to “R3 Special”, Medium Density Residential Special on lands described as PIN 73346-1689, Lots 1 & 2, Part of Lots 10 & 11, Plan M-181 in Lot 4, Concession 1, Township of Rayside, as outlined in the report entitled “105 Notre Dame Street East, Azilda”, from the General Manager of Growth and Infrastructure, presented at the Planning Committee meeting on June 26, 2023, subject to the following conditions:

  1. In addition to the uses permitted in the R3 zone, the following provisions shall apply to row dwellings:
     1. A minimum front yard setback of three (3) metres shall be permitted excluding the sight triangle;
     2. A maximum lot coverage of 50% shall be permitted;
     3. A minimum driveway and parking aisle width of three (3) metres shall be permitted;
     4. A minimum of one (1) parking space per row dwelling unit shall be required;
     5. A minimum privacy yard depth of 4.5 metres shall be required; and,
     6. A 1.5 metre-high opaque fence shall be required along the easterly street line excluding the sight triangle.

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

  CARRIED (4 to 0)

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

  
  

7.4

2123-2177 Long Lake Rd. and 250 St. Charles Lake Rd., Sudbury

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

Rules of Procedure

With the concurrence of the Committee, Councillor McIntosh was was allowed to speak regarding this matter.

Brian Dematti and Mark Eplett, the applicants were present.

Lauren Jeffrerey, IPS Consulting Inc., agent for the applicant was present.

Glen Ferguson, Senior Planner, outlined the report.

Joe Rocca, Director of Infrastructure Capital Planning responded to questions from the Committee members.

At 2:04 p.m. the Committee recessed.

At 2:10 p.m. the Committee reconvened.

The agent for the applicant provided an electronic presentation and responded to questions from the Committee members.

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

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

Carolyn Djaferis, David Fearn, John Bassett, David Hodge, Ted Djaferis, Dean Darrell and Philip Zylberberg.

The Applicant provided comments.

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

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

• Rules of Procedure

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

  The following resolution was presented:

  PL2023-98
  Moved By Councillor Leduc
  Seconded By Councillor Fortin

  THAT the City of Greater Sudbury approves the application by E.L. Demattia Investments Ltd. to amend Zoning Bylaw 2010-100Z by changing the zoning classification on the subject lands from “R1-5”, Low Density Residential One to “HXC2(S)”, Holding - General Commercial Special on those lands described as PINs 73475-0540, 73475-0530, 73475-0846 & 73475-1266, Parts of Lot 9 & 10, Plan M-340, Lot 6, Concession 6, Township of Broder, as outlined in the report entitled “2123-2177 Long Lake Rd and 250 St. Charles Lake Rd., Sudbury” from the General Manager of Growth and Infrastructure, presented at the Planning Committee meeting of June 26, 2023, subject to the following conditions:

  1. That the amending zoning by-law include the following site-specific provisions:
     1. That a minimum of ten queuing spaces including the point of service be required for a maximum of one restaurant drive-through service facility;
     2. That a minimum of two queuing spaces including the point of service be required for a gas bar drive-through service facility;
     3. That a minimum distance of 2.4 metres be required between an accessory automated car wash and the nearest building containing a main commercial use;
     4. That a planting strip having a width of 3 metres along with an opaque noise-attenuation fence having a maximum height of 2 metres be provided along the street-line of Brenda Drive and the entirety of the westerly interior side lot line; and,
     5. That any further site-specific relief that is required for retaining walls along any of the street-lines or the northerly interior side lot line be provided for accordingly.
  2. That a holding provision be applied to the lands which shall not be removed from the lands until such time as the General Manager of Growth and Infrastructure is satisfied that sufficient municipal sanitary sewer infrastructure capacity is available in order properly service a general commercial development on the lands; and,
  3. That the holding provision continue to only permit those residential land uses and accessory uses permitted in the standard “R1-5” Zone until such time as the holding provision has been removed by Council.

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

  CARRIED (4 to 0)

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

  
  

7.5

Employment Land Community Improvement Plan – Request for Adoption

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

Melissa Riou, Senior Planner and Terra Posadowski, Business Development officer, presented an electronic presentation.

The Planning Department responded to questions from the Committee members.

The Chair asked whether there was anyone 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:

  PL2023-99
  Moved By Councillor Fortin
  Seconded By Councillor Landry-Altmann

  THAT the City of Greater Sudbury approves the Employment Land Community Improvement Plan as outlined in the report entitled “Employment Land Community Improvement Plan – Request for Adoption”, from the General Manager of Growth and Infrastructure, presented at the Planning Committee Meeting of June 26, 2023.

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

  CARRIED (4 to 0)

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

  
  

8.

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 one (1) Proposed or Pending Acquisition or Disposition of Land Matters regarding Gloucester Court, Sudbury. One (1) recommendation emanated from the meeting.

• The following resolution was presented:

  PL2023-100
  Moved By Councillor Cormier
  Seconded By Councillor Fortin

  THAT the City of Greater Sudbury authorize the sale of vacant land north of Gloucester Court in Sudbury, legally described as part of PIN 73590-0136(LT), part of Block E on Plan M-1028, City of Greater Sudbury;

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

  AND THAT the net proceeds of the sale be credited to the Capital Financing Reserve Fund – General.

  CARRIED

9.

Consent Agenda

The following resolution was presented:

• PL2023-101
  Moved By Councillor Fortin
  Seconded By Councillor Landry-Altmann

  THAT the City of Greater Sudbury approves Consent Agenda items 9.1.1 to 9.1.4.

  CARRIED

9.1

Routine Management Reports

The following are the Consent Agenda items:

9.1.1

Mallard’s Landing Subdivision, Sudbury - 2023

• PL2023-102
  Moved By Councillor Fortin
  Seconded By Councillor Landry-Altmann

  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 Remainder of Parcel 2205 SES, Lot 4, Concession 6, Township of Broder, File # 780-6/88020, as outlined in the report entitled “Mallard’s Landing Subdivision, Sudbury - 2023” from the General Manager of Growth and Infrastructure, presented at the meeting on June 26, 2023, as follows:

  1. By deleting Condition #16 and replacing it with the following:
     
     “16. That this draft approval shall lapse on April 19, 2025.” and,
  2. That the following sentence be added at the end of Condition #20:

     “20. The geotechnical engineer will be required to address on-site and excess soil management in accordance with Ontario Regulation #406/19.”

  CARRIED

9.1.2

University Park Subdivision

• PL2023-103
  Moved By Councillor Fortin
  Seconded By Councillor Landry-Altmann

  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 Part 1-6, 53R-18857, Lot 1, Concession 2, Township of McKim, File #780-6/11003, as outlined in the report entitled “University Park Subdivision, Sudbury”, from the General Manager of Growth and Infrastructure, presented at the Planning Committee meeting on June 26, 2023 as follows:

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

  “13.That this draft approval shall lapse on June 19, 2026.”

  2. In Condition #22 by adding the following to the end of the condition: ‘The geotechnical engineer will be required to address On-site and Excess Soil Management in accordance with O. Reg. 406/19.’

  3. In Condition #24:

  1. In the second sentence by adding the following words after the words ‘subdivision development’: ‘following the recommendations of the Ramsey Lake Subwatershed Study and Stormwater Master Plan’; and
  2. In the fourth sentence by deleting the words ‘85% total suspended solids removal of the 50 micron particle size for a 1 in 2 year storm event’ and replacing them with the words: ‘enhanced” level and 20% over-control of peak flows as defined by the Ministry of the Environment, Conservation and Parks.’
  3. By deleting the fifth sentence in its entirety, which reads ‘The stormwater treatment facility shall have approved pretreatment devices for petroleum and floatable interception.’

  4. In Condition #39 by adding the following to the end of the condition: ‘Canada Post will provide mail delivery service to this subdivision through 1 Centralized Community Mailboxes (CMBs). The owner shall provide Canada Post with the excavation date for the first foundation/first phase as well as the date development work is scheduled to begin.’

  5. By adding the following new Condition #45:

  “45. Development of lots 1, 2 and 3 as shown on the draft plan of subdivision prepared by Surveyors On Site Inc. and dated May 9, 2020 within the regulated area requires a permit from Conservation Sudbury under Ontario Regulation 156/06 to demonstrate that the development complies with the regulation. The application must demonstrate that it is safe from and does not aggravate hazards, and complies with Conservation Sudbury's wetland guidelines.”

  6. By adding the following Note:

  “1. Any development within the regulated area requires a permit from Conservation Sudbury under Ontario Regulation 156/06 to demonstrate that the development complies with the regulation. The application must demonstrate that it is safe from and does not aggravate hazards, and complies with Conservation Sudbury's wetland guidelines.”

  CARRIED

9.1.3

3951 Chief Lake Road, Sudbury

• PL2023-104
  Moved By Councillor Fortin
  Seconded By Councillor Landry-Altmann

  THAT the City of Greater Sudbury approves designating Lot 5 & 6, Plan M-664 as being deemed not to be part of a registered plan for the purposes of Section 50(3) of the Planning Act, as outlined in the report entitled “3951 Chief Lake Road, Sudbury”, from the General Manager of Growth and Infrastructure, presented at the Planning Committee meeting on June 26, 2023;

  AND THAT Staff be directed to prepare a by-law for Council to enact deeming Lot 5 & 6, Plan M-664 not to be part of a plan of subdivision for the purposes of Subsection 50(3) of the Planning Act.

  CARRIED

9.1.4

Municipal Road 55, Lively

• PL2023-105
  Moved By Councillor Fortin
  Seconded By Councillor Landry-Altmann

  THAT the City of Greater Sudbury’s delegated official be directed to amend the conditions of draft approval for the draft plan of subdivision on lands described as Parcel 13763 S.W.S., thirdly, being Part 1, Plan 53R-8730 in Lot 8, Concession 4, Township of Waters, City of Greater Sudbury, File 780-8/04008, as outlined in the report entitled “Municipal Road 55, Lively”, from the General Manager of Growth and Infrastructure, presented at the Planning Committee meeting on June 26, 2023, as follows:

  a) By amending the draft plan lapsing date in Condition #20 to February 3, 2026.

  CARRIED

10.

Members' Motions

10.1

Parkland Dedication and Land Transfers

• The following resolution was presented:

  PL2023-106
  Moved By Councillor Cormier
  Seconded By Councillor Landry-Altmann

  WHEREAS the Planning Act regulates the land use planning system in Ontario, including matters related to the subdivision of land;

  AND WHEREAS certain transfers of land are prohibited without consent of a municipality, including situations where a landowner retains interest in abutting lands (commonly known as ‘merging on title’);

  AND WHEREAS Policy 7 of Section 7.3.1 of the City’s Official Plan requires either the dedication of land or payment-in-lieu of the parkland dedication as a condition of consent;

  AND WHEREAS the City is in the process of developing a parkland dedication by-law to supplement the Official Plan Policies;

  THEREFORE BE IT RESOLVED THAT staff be directed to include in the upcoming draft by-law language that would exempt the taking of parkland dedication in situations where lots have ‘merged on title’;

  AND THAT the City’s delegated official be directed not to apply the parkland dedication requirement in those situations until such time that a parkland dedication by-law is passed.

  CARRIED

11.

Correspondence for Information Only

11.1

Stormwater Management Guide 2023

For Information Only.

12.

Addendum

No Addendum was presented.

13.

Civic Petitions 

No Petitions were submitted.

14.

Question Period

No Questions were asked.

15.

Adjournment

Councillor Cormier moved to adjourn the meeting. Time: 3:45 p.m.

CARRIED