THE TWENTY-FOURTH MEETING OF THE PLANNING COMMITTEE OF THE CITY OF GREATER SUDBURY COUNCILLOR LYNNE REYNOLDS PRESIDING

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1 THE TWENTY-FOURTH MEETING OF THE PLANNING COMMITTEE OF THE CITY OF GREATER SUDBURY Committee Room C-11 Tuesday, February 15, 2005 Tom Davies Square Commencement: 4:50 p.m. Adjournment: 6:25 p.m. COUNCILLOR LYNNE REYNOLDS PRESIDING Present Staff Declarations of Pecuniary Interest Councillors Caldarelli, Dupuis D. Braney, Property Negotiator / Appraiser; B. Lautenbach, Director of Planning Services; A. Potvin, Manager of Development Services; G. Clausen, Director of Engineering Services; A. Haché, Deputy City Clerk; F. Bortolussi, Planning Committee Secretary None declared. In Camera Recommendation # : Dupuis-Reynolds: That we move In Camera to deal wi a property matter in accordance wi Article 15.5 of e City of Greater Sudbury Procedure By-law and e Municipal Act, 2001, s.239(2)(f). Recess Reconvene At 5:00 p.m., e Planning Committee recessed. At 5:35 p.m., e Planning Committee reconvened in e Council Chamber for e regular meeting. ANGIE HACHÉ PRESIDING Present Staff News Media Councillors Caldarelli, Dupuis, Reynolds B. Lautenbach, Director of Planning Services; A. Potvin, Manager of Development Services; G. Clausen, Director of Engineering Services; A. Haché, Deputy City Clerk; M. Burtch, Licensing & Assessment Clerk; F. Bortolussi, Planning Committee Secretary MCTV PC - February 15, 2005 (24 ) - 1 -

2 Recommendation # : Reynolds-Caldarelli: THAT Councillor Dupuis chair is meeting of e Planning Committee. COUNCILLOR RON DUPUIS PRESIDING Declarations of Pecuniary Interest None declared MATTERS ARISING FROM THE IN CAMERA SESSION Rise and Report Councillor Reynolds reported e Committee met in closed session to deal wi a property matter and e following recommendation emanated erefrom: Acquisition of Recommendation # : Land, Inco Well #1, Reynolds-Dupuis: THAT e City of Greater Sudbury acquire Falconbridge from INCO Limited e property known as Inco Well No. 1, Road, Garson Falconbridge Road being Part 3, 53R-17304, part of PIN formerly Parcel 748 S.E.S. togeer wi a right-of-way over Part 1 & 2, 53R-17304, part of Lot 4, Concession 2, Township of Garson, City of Greater Sudbury, for a tax receipt in e amount of $565,000, and PUBLIC HEARINGS THAT a By-law be passed auorizing e execution of e documents required to complete e transaction. APPLICATION FOR REZONING TO PERMIT THE CONVERSION OF THE BUILDING FOR OFFICE USES, FORMER NOLIN SCHOOL, 435 NOTRE DAME AVENUE, SUDBURY ONTARIO INC. Report dated February 8, 2005, was received from e Director of Planning Services and e General Manager of Grow and Development regarding an application for rezoning to permit e conversion of e building for office uses, former Nolin School, 435 Notre Dame Avenue, Sudbury, Ontario Inc. Jeff Gladu, e Kingsway, Sudbury, was present on behalf of e applicant. PC - February 15, 2005 (24 ) - 2 -

3 PUBLIC HEARINGS (cont d) APPLICATION FOR REZONING TO PERMIT THE CONVERSION OF THE BUILDING FOR OFFICE USES, FORMER NOLIN SCHOOL, 435 NOTRE DAME AVENUE, SUDBURY ONTARIO INC. (cont d) The Director of Planning Services outlined e application to e Committee. Jeff Gladu stated he was satisfied wi e overview presented by e Director of Planning Services as it covered all aspects of e application. Councillor Reynolds, Ward Councillor, stated she was pleased to see e building occupied wi businesses. She also stated it is a nice project for e Floor Mill area. She indicated her support of e application. The Chair asked wheer ere was anyone in e audience who wished to speak in favour or against is application and seeing none: The Public Hearing concerning is matter was closed and e Planning Committee resumed in order to discuss and vote on e application. The following recommendation was presented: Recommendation # : Dupuis-Reynolds: THAT e application by Ontario Inc. to amend e former City of Sudbury Zoning By-law Z by changing e zoning classification of Block A, Plan 49-S, from "R6", Established Residential Zone to "C3", Limited General Commercial Zone, be approved subject to e following condition: a) That prior to e passing of an amending by-law, e owner shall enter into a Site Plan Control Agreement. CONCURRING MEMBERS: Councillors Caldarelli, Reynolds, Dupuis APPLICATION FOR REZONING TO EXPAND THE ST. ANNE ELEMENTARY SCHOOL SITE, ST. MICHEL STREET, HANMER - DENIS SONIER AND CITY OF GREATER SUDBURY Report dated February 8, 2005, was received from e Director of Planning Services and e General Manager of Grow and Development regarding an application for rezoning to expand e St. Anne Elementary School site, St. Michel Street, Hanmer, Denis Sonier and City of Greater Sudbury. PC - February 15, 2005 (24 ) - 3 -

4 PUBLIC HEARINGS (cont d) APPLICATION FOR REZONING TO EXPAND THE ST. ANNE ELEMENTARY SCHOOL SITE, ST. MICHEL STREET, HANMER - DENIS SONIER AND CITY OF GREATER SUDBURY (cont d) Michael Keenan, counsel for e applicant, and Denis Faucher, Sudbury Caolic District School Board, were present. The Director of Planning Services outlined e application to e Committee. Michael Keenan indicated e property was conveyed to Denis Sonier in 1990 by e Town of Valley East and, in 1992, e property to e nor was conveyed to Glenda Sonier. He furer indicated at e wild line existed at e time e property was conveyed by e municipality or installed wi eir approval. He stated at it is e intent of e School Board to deal wi Mr. Sonier regarding e wild line. Mr. Sonier will need to remove e wild line if it breaks and restore e land to its previous condition. Wi respect to e site plan control agreement, Mr. Keenan stated e school board has already started discussions wi e City. Also, a reference plan for registration has been ordered for e land which has been acquired from e City. The Chair asked wheer ere was anyone in e audience who wished to speak in favour or against is application and seeing none: The Public Hearing concerning is matter was closed and e Planning Committee resumed in order to discuss and vote on e application. The following recommendation was presented: Recommendation # : Dupuis-Reynolds: THAT e application by Denis Sonier and e City of Greater Sudbury to amend By-law being e Zoning By-law for e former Town of Valley East by changing e zoning classification of Part 6 and part of Part 7, Plan 53R-12291, Lot 11, Concession 3, Capreol Township from "R2.D36", Double Residential and "P", Public Park, as e case may be, to "I", Institutional be approved subject to e following: a) That e school board be advised at e Development Services Section will require a registered survey plan of e part of Part 7, Plan 53R-12291, being rezoned to enable e preparation of an amending by-law. b) That e school board initiate e site plan control agreement amendment process to e satisfaction of e Manager of Development Services prior to e passing of an amending by-law. CONCURRING MEMBERS: Councillors Caldarelli, Reynolds, Dupuis PC - February 15, 2005 (24 ) - 4 -

5 PUBLIC HEARINGS (cont d) APPLICATIONS FOR OFFICIAL PLAN AMENDMENT AND REZONING TO ESTABLISH A SITE SPECIFIC POLICY EXEMPTION FROM THE POLICIES OF THE VALLEY EAST SECONDARY PLAN AND CORRESPONDINGLY REZONE THE SUBJECT LANDS IN ORDER TO PERMIT THE CREATION OF A ONE ACRE RESIDENTIAL LOT, 510 COTE BOULEVARD, HANMER - ROBERT JOSEPH RUSIN Report dated February 7, 2005, was received from e Director of Planning Services and e General Manager of Grow and Development regarding applications for Official Plan amendment and rezoning to establish a site specific policy exemption from e policies of e Valley East Secondary Plan and correspondingly rezone e subject lands in order to permit e creation of a one acre residential lot, 510 Cote Boulevard, Hanmer, Robert Joseph Rusin. Dave Dorland, 298 Larch Street, Sudbury, agent for e applicant, was present along wi Mitch Selk and Nadine Sauder. Mitch Selk is grandson of original owner and nephew of present owner and is e proposed owner, along wi Nadine Sauder, of e severed portion of e property which would be permitted by ese applications. The Director of Planning Services outlined e applications to e Committee. He indicated e Ministry of Municipal Affairs and Housing comments recommend at e application not be approved. The Ministry indicated is application does not meet e original owner provisions of e Official Plan. The Ministry also stated at e City of Greater Sudbury has e responsibility to have regard to provincial interests. The Ministry advised at e proposed use constitutes scattered rural development, is outside e settlement area and in a designated agricultural reserve. Also, ey feel it is premature as e official plan review is now underway. The Director of Planning Services furer indicated at an Agricultural Background Study has been prepared as a component of e review of e Official Plan for e purpose of delineating prime agricultural lands for consideration to be protected by e Official Plan. This Study uses a Land Evaluation and Area Review (LEAR) System as an evaluation process and e local LEAR Committee considers lands at score higher an 475 to be prime agricultural lands and e subject property has a LEAR score of 536. He stated at, based on e above-mentioned comments, e Planning Services Division recommends is application be denied. Dave Dorland stated at e property has been in e family since 1953 wi Mitch Selk s grandfaer being e original owner and his uncle being e applicant. The property was transferred to e present owner in 1986; seven years shy of e adoption of e official plan which permits severance by e original owner. The property is e subject of a consent application which has been approved subject to nine conditions including e approval of e official PC - February 15, 2005 (24 ) - 5 -

6 PUBLIC HEARINGS (cont d) APPLICATIONS FOR OFFICIAL PLAN AMENDMENT AND REZONING TO ESTABLISH A SITE SPECIFIC POLICY EXEMPTION FROM THE POLICIES OF THE VALLEY EAST SECONDARY PLAN AND CORRESPONDINGLY REZONE THE SUBJECT LANDS IN ORDER TO PERMIT THE CREATION OF A ONE ACRE RESIDENTIAL LOT, 510 COTE BOULEVARD, HANMER - ROBERT JOSEPH RUSIN (cont d) plan amendment and e rezoning. He stated at e portion of e property being severed is not suitable for agricultural purposes and at is why it has never been used as such. He asked e Committee to approve e applications and vote in favour of e applications to allow e severance. The Chair asked wheer ere was anyone in e audience who wished to speak in favour or against is application and seeing none: The Public Hearing concerning is matter was closed and e Planning Committee resumed in order to discuss and vote on e application. The following recommendations were presented: Recommendation # : Reynolds-Caldarelli: THAT e application by Robert Joseph Rusin to amend e Valley East Secondary Plan by introducing a site specific policy amendment to permit e creation of one residential lot wi respect to ose lands described as P.I.N being Parcels 1189, 1190 & 1714 S.E.S. in Lot 10, Concession 3, Township of Capreol, be denied. CONCURRING MEMBERS: Councillor Reynolds NON-CONCURRING MEMBERS: Councillors Caldarelli, Dupuis Recommendation # : PC - February 15, 2005 (24 ) DEFEATED Caldarelli-Dupuis: THAT e application by Robert Joseph Rusin to amend e Valley East Secondary Plan by introducing a site specific policy amendment to permit e creation of one residential lot wi respect to ose lands described as P.I.N being Parcels 1189, 1190 & 1714 S.E.S. in Lot 10, Concession 3, Township of Capreol, be approved subject to e following condition: 1. Severance to create one single residential lot may be permitted subject to e following criteria being satisfied:

7 APPLICATIONS FOR OFFICIAL PLAN AMENDMENT AND REZONING TO ESTABLISH A SITE SPECIFIC POLICY EXEMPTION FROM THE POLICIES OF THE VALLEY EAST SECONDARY PLAN AND CORRESPONDINGLY REZONE THE SUBJECT LANDS IN ORDER TO PERMIT THE CREATION OF A ONE ACRE RESIDENTIAL LOT, 510 COTE BOULEVARD, HANMER - ROBERT JOSEPH RUSIN (cont d) Recommendation # (cont d): I) e lot size shall be from 0.4 to 0.8 hectares, ii) iii) iv) e minimum lot frontage shall be 60 metres along an existing public road, soil conditions must be proven to be suitable for e installation of private sewage systems, ere must be a proven potable water supply in bo quantity and quality for domestic purposes. CONCURRING MEMBERS: Councillors Caldarelli, Dupuis NON-CONCURRING MEMBERS: Councillor Reynolds Recommendation # : Caldarelli-Dupuis: THAT e application by Robert Joseph Rusin to amend Bylaw being e Comprehensive Zoning By-law for e (former) City of Valley East from RU, Rural to RU-Special, Special Rural in order to recognize variances resulting from e creation of a lot resulting from Consent Application B0169/2004 as it will have a lot frontage of approximately 69.6m where 90m is required, a lot dep of 63.7m where 90m is required and a lot area of 0.45ha where 2ha is required wi respect to ose lands described as P.I.N being Parcels 1189, 1190 & 1714 S.E.S. in Lot 10, Concession 3, Township of Capreol, be approved subject to e following condition: 1. That prior to e passage of an amending zoning by-law, e owner shall provide e Development Services Section wi a registered plan of survey which describes e lands to be rezoned. CONCURRING MEMBERS: Councillors Caldarelli, Dupuis NON-CONCURRING MEMBERS: Councillor Reynolds PC - February 15, 2005 (24 ) - 7 -

8 PART I - CONSENT AGENDA MINUTES The following recommendation was presented to adopt Items C-1 to C-3 contained in Part 1 of e Consent Agenda: Recommendation # : Reynolds-Dupuis: THAT Items C-1 to C-3 contained in Part 1, Consent Agenda, be adopted. PC - February 15, 2005 (24 ) Item C-1 Recommendation # : Report #1 VETAC Minutes Dupuis-Reynolds: That Report #1, Vegetation Enhancement January 12, 2005 Technical Advisory Committee Minutes of January 12, 2005, be received. ROUTINE MANAGEMENT REPORTS Item C-2 Report dated February 4, 2005, was received from General Draft Approval, Manager of Grow and Development regarding an amendment to Plan of Subdivision e conditions of Draft Approval for a Plan of Subdivision, part of Niemi Road/ Parcel 22159'D SWS, in Lot 8, Concession 5, Township of Waters, Sugarbush Drive, Niemi Road/Sugarbush Drive, Lively, Dalron Construction Limited. Lively Recommendation # : Reynolds-Dupuis: THAT e request by Dalron Construction Limited to amend e conditions of draft approval wi respect to e Draft Plan of Subdivision of part of Parcel D S.W.S. in Lot 8, Concession 5, Township of Waters, File # 780-8/90002 be amended as follows: a) By deleting Condition # 1. and replacing it wi e following: 1. That is approval applies to e draft plan of subdivision of Part of Parcel D, S.W.S., in Lot 8, Concession 5, Township of Waters, as shown on a plan prepared by D.S. Dorland, O.L.S., and dated January 16, 1990; and as furer amended by a sketch titled Sugarbush Draft Amendment, Dennis Consultants Civil Engineers, October 29, 2004.

9 ROUTINE MANAGEMENT REPORTS (cont d) Item C-3 Hope Municipal Drain Report dated February 9, 2005, was received from General Manager of Infrastructure and Emergency Services regarding Hope Municipal Drain. Recommendation # : Dupuis-Reynolds: THAT e City of Greater Sudbury accept e petition for a Municipal/Agricultural Drainage works submitted by Gord Hope of Ontario Ltd. for lands wiin e area described as Lot 6, Concession 2, in e Township of Hanmer which was filed wi e Clerk on e 8 day of February, 2005, and at e City of Greater Sudbury appoint e engineering firm of K. Smart Associates Limited as e drainage engineer for is project. Adjournment Recommendation # : Reynolds-Dupuis: That we do now adjourn. Time: 6:25 p.m. DEPUTY CITY CLERK COUNCILLOR RON DUPUIS PRESIDING PC - February 15, 2005 (24 ) - 9 -