agenda - greater sudbury 1 2010... · agenda planning committee ... comité de la planification ......

Vision: The City of Greater Sudbury is a growing,world-class community bringing talent, technology and agreat northern lifestyle together.

Vision: La Ville du Grand Sudbury est une communautécroissante de calibre international qui rassemble les talents,les technologies et le style de vie exceptionnel du Nord.

Agenda Planning Committee meeting to be held

Tuesday, June 1st, 2010

at 5:30 pm Council Chamber, Tom Davies Square

Ordre du jour réunion du

Comité de la planification qui aura lieu

mardi 1e juin 2010

à 17h 30 dans la Salle du conseil, Place Tom Davies

For the 72nd Planning Committee Meetingto be held on Tuesday, June 1, 2010

Council Chamber, Tom Davies Square at 5:30 pm

COUNCILLOR ANDRÉ RIVEST, CHAIR

Frances Caldarelli, Vice-Chair

(PLEASE ENSURE CELL PHONES AND PAGERS ARE TURNED OFF)

The Council Chamber of Tom Davies Square is accessible to persons with disabilities. Please speak tothe City Clerk’s Office prior to the meeting if you require a hearing amplification device. Persons requiringassistance are requested to contact the City Clerk’s Office at least 24 hours in advance of the meeting ifspecial arrangements are required. Please call (705) 674-4455, extension 4209. TelecommunicationsDevice for the Deaf (TTY) (705) 688-3919. Copies of Agendas can be viewed on the City’s website atwww.planningsudbury.com

DECLARATIONS OF PECUNIARY INTEREST AND THE GENERAL NATURETHEREOF

MATTERS ARISING FROM THE "CLOSED MEETING"

At this point in the meeting, the Chair of the “Closed Meeting”, Councillor Caldarelli, will rise andreport the results of the “Closed Meeting". The Committee will then consider anyrecommendations.

PLANNING COMMITTEE AGENDA

PLANNING COMMITTEE (72nd) (2010-06-01) - 1 -

PUBLIC HEARINGS

1. Report dated May 19, 2010 from the General Manager of Growth andDevelopment regarding Draft Comprehensive Zoning By-law for the City ofGreater Sudbury. (RECOMMENDATION PREPARED)

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·E-mail dated May 5, 2010 from Erkki Leinala;·Letter received April 23, 2010 from Brian Miller;·Letter dated May 11, 2010 from B. H. Lauber;·Letter dated May 12, 2010 from Velma and Denis de Laplante;·E-mail dated May 10, 2010 from Brian Miller;·Letter dated May 10, 2010 from Marguerite Noël;·E-mail dated May 9, 2010 from Judy Johnson;·E-mail dated May 6, 2010 from Michel and Lorraine Robillard;·Letter received May 10, 2010 from Robert and Christine Gauthier;·Letter dated May 10, 2010 from Joe Conaty;·Letter dated May 10, 2010 from Michelle Conaty;·Letter dated May 6, 2010 from Sharon and William Orlak;·Letter dated May 12, 2010 from Mac Sinclair, Sinclair & Sinclair, Barristers &Solicitors.

CONSENT AGENDA

(For the purpose of convenience and for expediting meetings, matters of business of repetitive or routine natureare included in the Consent Agenda, and all such matters of business contained in the Consent Agenda are votedon collectively.

A particular matter of business may be singled out from the Consent Agenda for debate or for a separate voteupon the request of any Councillor. In the case of a separate vote, the excluded matter of business is severedfrom the Consent Agenda, and only the remaining matters of business contained in the Consent Agenda arevoted on collectively.

Each and every matter of business contained in the Consent Agenda is recorded separately in the minutes of themeeting.)

MINUTES

ROUTINE MANAGEMENT REPORTS

CORRESPONDENCE FOR INFORMATION ONLY

REGULAR AGENDA


REFERRED AND DEFERRED MATTERS

MANAGERS' REPORTS

ADDENDUM

DELEGATIONS / PRESENTATIONS

10:00 P.M. ADJOURNMENT (RECOMMENDATION PREPARED)

(Two-thirds majority required to proceed past 10:00 P.M.)

LISA OLDRIDGE, Deputy City Clerk

LIZ COLLIN, Planning Committee Secretary


Pour la 72e réunion du Comité de la planification qui aura lieu le 1 juin 2010

dans la Salle du conseil, Place Tom Davies, à 17h 30

CONSEILLER ANDRÉ RIVEST, PRÉSIDENT(E)

Frances Caldarelli, Vice-président(e)

(VEUILLEZ ÉTEINDRE LES TÉLÉPHONES CELLULAIRES ET LES TÉLÉAVERTISSEURS)

La salle du Conseil de la Place Tom Davies est accessible pour les personnes handicapées. Si vousdésirez obtenir un appareil auditif, veuillez communiquer avec la greffi re municipale, avant la réunion.Les personnes qui prévoient avoir besoin d’aide doivent s’adresser au bureau du greffier municipal aumoins 24 heures avant la réunion aux fins de dispositions spéciales. Veuillez composer le 705-674-4455,poste 4209; appareils de télécommunications pour les malentendants (ATS) 705-688-3919. Vous pouvezconsulter l’ordre du jour au site Web de la Ville au www.planningsudbury.com.

DÉCLARATION D’INTÉRÊTS PÉCUNIAIRES ET LEUR NATURE GÉNÉRALES

QUESTIONS DÉCOULANT DE LA SÉANCE À HUIS CLOS

Le président de la séance à huis clos, le conseillère Caldarelli, se lève maintenant et en présenteles résultats. Le Comité examine ensuite les recommandations.

COMITÉ DE LA PLANIFICATION ORDRE DU JOUR

COMITÉ DE LA PLANIFICATION (72e) (2010-06-01) - 1 -

AUDIENCES PUBLIQUES

1. Rapport du directeur général de la croissance et du développement, daté du 19mai 2010 portant sur Nouveau règlement municipal de zonage général. (RECOMMANDATION PRÉPARÉE)

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Ordre du jour des résolutions (Par souci de commodité et pou accélérer le déroulement des réunions, les questions d'affaires répétitives ouroutinières sont incluses a l’ordre du jour des résolutions, et on vote collectivement pour toutes les question de cegenre. A la demande d’une conseillère ou d’un conseiller, on pourra traiter isolément d’une question d’affaires del’ordre du jour des résolutions par voie de débat ou par vote séparé. Dans le cas d’un vote séparé, la questiond’affaires isolée est retirée de l’ordre du jour des résolutions ; on ne vote collectivement qu’au sujet des questionsà l’ordre du jour des résolutions. Toutes les questions d’affaires à l’ordre du jour des résolutions sont inscritesséparément au procès-verbal de la réunion)

PROCÈS-VERBAL

RAPPORTS DE GESTION COURANTS

CORRESPONDANCE À TITRE D'INFORMATION

Ordre du jour ordinaire

QUESTIONS RENVOYÉES ET QUESTIONS REPORTÉES

RAPPORTS DES GESTIONNAIRES

ADDENDA

DÉLÉGATIONS / PRÉSENTATIONS


LEVÉE DE LA SÉANCE À 22 H (RECOMMENDATION PRÉPARÉE)

(Une majorité des deux tiers est requise pour poursuivre la réunion après 22 H.)

LISA OLDRIDGE, Greffière municipal adjointe

LIZ COLLIN, Secrétaire du Comité de la planification


Request for Decision

Draft Comprehensive Zoning By-law for the Cityof Greater Sudbury

Recommendation That the Comprehensive Zoning By-law for the City of GreaterSudbury be approved, subject to the following:

1. That the draft Zoning By-law be revised:

a) To include Option 1 for Boarding House Dwelling andRooming Houses as set out in the staff report;

b) To include the revisions as set out in Attachments 2, 3 and 4of the staff report; and

2. That the draft Zoning By-law be finalized by staff for enactmentby Council.

Background

At the time of transition to the City of Greater Sudbury in 2001,two major planning projects that were identified as emanatingfrom the transition were the preparation of a new Official Plan toreplace the official plans and secondary plans of the formerRegion and amalgamated Townships and the development of anew Comprehensive Zoning By-law. On June 14, 2006, the Cityadopted its new Official Plan which was largely approved by theMinistry of Municipal Affairs and Housing on March 7, 2007. Sitespecific appeals on the Official Plan were resolved by the Ontario Municipal Board in 2007 and 2008.

The new Comprehensive Zoning By-law will implement the new Official Plan for the City of GreaterSudbury. The new By-law will also create one Comprehensive Zoning By-law for the City, replacing theeight existing Zoning By-laws, six of which are by-laws for municipalities in the former Region and two thatcover lands in the amalgamated Townships. The new By-law will provide consistent zoning regulations anddefinitions throughout the City. Finally, the new Comprehensive By-law will address a number of zoningissues which have arisen in recent years through the issuance of building permits, enforcement, minorvariances and enquiries at the City.

In 2007 with the City’s new Official Plan in effect, planning staff commenced the process of reviewing and

Presented To: Planning Committee

Presented: Tuesday, Jun 01, 2010

Report Date Wednesday, May 19,2010

Type: Public Hearings

Signed By

Report Prepared ByEric TaylorSenior Planner Digitally Signed May 19, 10

Reviewed ByArt PotvinManager of Development Services Digitally Signed May 19, 10

Recommended by the DivisionPaul BaskcombActing Director of Planning Services Digitally Signed May 19, 10

Recommended by the DepartmentBill LautenbachGeneral Manager of Growth andDevelopment Digitally Signed May 19, 10

Recommended by the C.A.O.Doug Nadorozny Chief Administrative Officer Digitally Signed May 19, 10

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consolidating the eight existing Zoning By-laws to form a new comprehensive and up-to-date zoning by-law.

At the present time the City of Greater Sudbury is affected by the following Zoning By-laws.

• By-law 95-500Z, City of Sudbury • By-law 83-300, Towns of Valley East and Onaping Falls • By-law 83-301, Town of Capreol • By-law 83-302, Town of Rayside Balfour • By-law 83-303, Town of Walden • By-law 83-304, Town of Nickel Centre • By-law 2001-24Z Townships of Cleland, Scadding, Parts of Dryden and Dill • By-law 2001-25Z Townships of Parkin, Aylmer, MacKelcan and Rathbun

A first draft of the Zoning By-law was released to the public in January 2010 and circulated for public reviewand input. Eight open houses were held throughout the City in January and February of this year withapproximately three hundred attendees. In addition more than 70 written submissions were received on thefirst draft.

A second draft of the Zoning By-law was prepared following the April 20, 2010 meeting of the PlanningCommittee which considered a report on comments provided by agencies and the public and recommendedrevisions to the first draft.

It has been an objective to have a final document ready by the Spring of 2010 and to have a newComprehensive Zoning By-law enacted by this term of Council.

The draft By-law is intended to be easier to use than the existing By-laws. For example, the existingBy-laws require the reader to check several different places to determine where a particular use ispermitted. The draft By-law employs a table format listing all uses along with the zones they are permitted inand terms that are defined in the By-law are set out in italics.

Public Notice and Input

Notice of the public open houses and the June 1, 2010 public hearing were provided in accordance with therequirements of the Planning Act and the City’s Official Plan. In addition approximately 73,000 notices ofthe public open houses were delivered by Canada Post to residents and businesses within the City. Advertisements of the pubic open houses were also aired on four local radio stations. The January andMay 2010 versions of the draft By-law have also been made available to the public on the City’s web siteand at all City Libraries and Citizen Service Centres.

The report to the April 20, 2010 Planning Committee addressed 72 written comments that had beenreceived from the public. The report included a staff comment on each, which in some cases included thatthe draft by-law be revised and in other cases that no changes should be made. The Planning Committeeand Council endorsed the recommendation that the draft by-law be revised as set out in the staff commentsin Table 1 to the April 20, 2010 staff report. A copy of the April 20, 2010 staff report is included asAttachment 5 to this report.

Since the April 20, 2010 Planning Committee meeting the City has received several written submissionswhich are included as Attachment 6. Most of these submissions are with respect to the permission ofboarding house dwellings and rooming houses in R3, R3-1 and R4 zones which are addressed later in thisreport.

Other matters that comments have been received on are addressed below:

1. Erkki Leinala - Part Lot 7, Concession 5, Broder Township

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Mr. Leinala has requested that the Crown lands located between the Leinala subdivision and Highway 17,west of Long Lake Road, be zoned as Park.

Staff comment: The Crown lands are currently designated "Rural" in the City’s Official Plan and arecurrently zoned "Rural" in City of Sudbury Zoning By-law 95-500Z. The draft Zoning By-law shows thelands to be zoned “Rural”. Staff are of the opinion that the "Rural" zoning should remain, in conformity withthe "Rural" designation in the Official Plan and that no change is required to the draft zone mapping.

2. Sinclair and Sinclair

Mac Sinclair has requested that a portion of Vale Inco’s property in Lot 6, Concession 5, McKim Township,west of Frood Road north of the Lasalle extension should be M4.

Staff Comment: On the draft zone mapping a portion of the Vale Inco lands located west of Frood Roadover to the boundary between Lot 7 and Lot 6, were included as part of Frood Road. Staff agree with Mr.Sinclair that this error should be corrected and the Vale Inco lands be zoned M4 as they are in the existingBylaw 95-500Z.

This revision has been included on Attachment 3 as a recommended mapping change.

Municipal Heritage Committee

The Heritage Committee considered the draft Zoning By-law at its meeting on May 10, 2010 and passed thefollowing resolution.

“Given, the draft Zoning Bylaw does not reflect the spirit of Council's 2006 adopted Official Plan with respectto Section 13.0 Heritage Resources.

And given that MHC was appointed by Council in 2008 to advise Council on matters of Heritage protection.

And given that the Bylaw provides no temporary measure of control that would allow MHC to designatevaluable heritage resources, a time consuming procedure, according to the Ont. Heritage Act.

And given this shortcoming, MHC advises Council to instruct City staff to introduce appropriate measures inthe Draft Zoning Bylaw that will provide MHC an assurance that unprotected heritage resources will bebrought to MHC's attention if in jeopardy.”

While the Planning Act allows in Section 34, for zoning by-laws to address the protection of natural featuresand significant archaeological resources, it does not provide for zoning by-laws to address the preservationof heritage resources.

Planning staff note that the interests of heritage preservation are most suitably addressed firstly throughidentifying an inventory of heritage resources and the designation of properties and buildings and HeritageConservation Districts under the Heritage Act. The Heritage Committee is still in the process of preparing aninventory of heritage resources in the City and no Heritage Conservation District has been initiated orapproved as yet. Planning staff note that following the identification of a Heritage Conservation Districtthere may be a role for the Zoning By-law to play in supporting the Conservation District Plan. A HeritageConservation District Plan would assist in providing direction on zoning provisions that may be appropriateto include in a Zoning By-law for the Heritage District. Given the above, planning staff do not consider itreasonable or appropriate to include provisions in the Zoning By-law at this time addressing heritagematters.

Temporary Shipping and Storage Containers and Bicycle Parking

The report to the April 20, 2010 Planning Committee included that staff would prepare provisionsaddressing the temporary placement of shipping and storage containers on lots and provisions regarding

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addressing the temporary placement of shipping and storage containers on lots and provisions regardingbicycle parking, but did not include specific details in the report. The May 2010 draft By-law includes thesenew provisions. Sections 4.40.7 Temporary Shipping or Storage Containers and Section 5.8 Bicycle Parkingare included as Attachment 1 to this report.

Section 4.40, Uses Permitted in All Zones

Staff are bringing to the attention of the Committee that the May 2010 draft includes a “public refusecollection area, receptacle or structure” as a use to be permitted in all zones. This use had not beenincluded in the January 2010 draft of the By-law and had not been identified as a change to be included inthe future draft. Other uses which had appeared in the January 2010 draft that are not specifically listed inthe existing 95-500Z and 83-300 series By-laws include a transit station and a storm water managementpond.

Revisions being Recommended to the May 2010 Draft By-law

In the course of reviewing the second draft (May 2010) and in response to further input, the followingrevisions are recommended:

1. Boarding House Dwellings and Rooming Houses

The City of Greater Sudbury with three post Secondary Institutions, College Boreal, Cambrian College andLaurentian University is considered a centre of education in Northeastern Ontario. As each of theseinstitutions expands their programs they continue to attract increasing numbers of students to the City whichneed to be accommodated in some form of housing. As is the case with most post secondary institutionsthe demand for student accommodation exceeds what is typically available on campus. In certain casesthis has led to the establishment of illegal boarding house dwellings and rooming houses, in particular inareas in proximity to the schools. It is noted that the City has had some success in prosecuting these illegalestablishments with Court convictions under the City’s existing Zoning By-laws.

Over the years boarding house dwellings and rooming houses have also filled a housing need for out oftown employees in the mining industry. These housing forms also fill a short term housing need for othergroups and in some cases fulfill a longer term housing need for some segments of the City’s populationwhich have come to rely on them as a permanent form of housing.

The Provincial Policy Statement in Section 1.4 provides that planning authorities shall provide for anappropriate range of housing types and densities and permit all forms of housing to meet the social, healthand well-being requirements of current and future residents. The City’s Official Plan in Section 18 alsoencourages a wide range of housing types and forms suitable to meet the housing needs of all current andfuture residents including housing that is affordable and appropriate to low income groups and people withspecial needs.

As part of preparing the draft Zoning By-law staff reviewed other municipal zoning by-laws to gain aperspective on approaches that have been adopted on a variety of issues. With respect to boarding, androoming houses, staff observed that several municipalities permit boarding, rooming or lodging houses inmedium and higher density residential zones as well as in some commercial zones (ie. Downtown or mixedcommercial zones).

The January 2010 draft Zoning By-law considered by the Planning Committee on January 12, 2010included boarding house dwellings and rooming houses in the new "C6", Downtown Commercial Zone,which replaces the "C8", Metro Centre zone in By-law 95-500Z. Portions of downtown Capreol, Chelmsfordand Lively are also proposed to be zoned C6(1) and also permit boarding house dwellings and roominghouses. Boarding house dwellings were also included in the new Medium Density Residential, R3 and R3-1Zones, with rooming houses to be permitted in the new R3, R3-1 and R4 zones.

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The inclusion of boarding house dwellings and rooming houses in R3, R3-1 and R4 zones was intended toaugment the existing permission for these uses in the "C8", Metro Centre Zoned lands (By-law 95-500Z) aspotential locations for this type of housing within the City. The addition of these medium and high densityresidential zones as a potential location of boarding house dwellings and rooming houses also provided analternative to such uses being illegally established in R1 and R2 Low Density Residential zoned areas of theCity.

At the April 20, 2010 Planning Committee, three members of the public spoke with respect to their concernsregarding the permission of boarding house dwellings and rooming houses in the R3, "R3-1", MediumDensity Residential and "R4", High Density Residential zones. Several of the concerns focused on studentsbeing residents of the boarding and rooming houses. Following the April 20, 2010 Planning Committeemeeting, planning staff have received several written submissions from the public on the issue of boardinghouse dwellings and rooming houses, which are attached to this report. Most of these comments refer toconcerns of students and student housing.

As noted by Planning Staff at the April 20, 2010 Planning Committee meeting, the Planning Act does notallow for “people zoning.”

Specifically, Section 35(2) of the Planning Act, provides that municipalities do not have,

“the authority to pass a by-law that has the effect of distinguishing between persons who are related andpersons who are unrelated in respect of the occupancy or use of a building or structure or a part of abuilding or structure, including the occupancy or use as a single housekeeping unit.”

Further, recent decisions from the Ontario Municipal Board provide that municipalities are bound by theOntario Human Rights Code and have to consider the needs of everyone when enacting by-laws.

With this in mind, it is important for the Committee and the public to understand that the issue at hand is, theboarding house dwelling and rooming house use and not the age, occupation, or other characteristics ofpotential occupants.

As stated above, it was Staff’s intention to provide greater opportunities for boarding house dwellings androoming houses in the City by providing additional locations beyond downtown Sudbury and the few sitespecific exceptions that are in place today. This was intended to provide alternatives to the illegalconversion of dwellings into boarding house dwellings in the Low Density Residential zones (R1 and R2)which have been occurring.

The Medium and Higher Density Residential zoned properties provide an opportunity for this form ofhousing, which would have minimal impact on the scale of development that would be permitted already onthese lands. It is noted that most of the lands in these zones are developed with apartment buildings, rowhousing or street townhouses. While it is unlikely that most of these existing developed properties would beconverted into rooming houses there is the potential that conversions could occur.

It is noted that the definition of rooming house specifically provides that it does not include any dwelling,thereby prohibiting the use of a part of a semi-detached, duplex, row townhouse or multiple dwelling as arooming house.

In order to provide further clarity in the By-law on this, the rooming house definition will be revised to clarifythat rooming houses are not permitted within these types of dwellings.

Further, a special provision footnote will be added to Table 6.1 to clarify that rooming houses are not to belocated within any dwelling.

Since the April 20, 2010 Planning Committee meeting Planning Staff has given further thought to the

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permission of boarding house dwellings and rooming houses in the Zoning By-law. Staff are still of theopinion that it is appropriate to increase the opportunity for such housing forms in the City. However,focusing these uses in medium and higher density residential zones located along the primarytransportation corridors in the City is an alternative that Staff considers to be appropriate. This alternative isoutlined below as Option 1 and would replace the current permission in the May 2010 draft to allowboarding house dwellings and rooming houses in all R3, R3-1 and R4 zones.

Planning Staff are recommending Option 1 be approved and have included it in the RecommendationSection of this report. Option 2 below is the “status quo”, where only the permissions in the Existing ZoningBy-laws for boarding and rooming houses are to be incorporated into the new By-law. Option 2 is notsupported by Staff.

Option 1 - Existing Zoning By-law permissions plus R3, R3-1 and R4 zones on primary arterial roads andthree other specific roads

In this option, boarding house dwellings and rooming houses will continue to be permitted where the existingZoning By-laws allow them today. This includes in the new "C6", Downtown Commercial Zone in downtownSudbury and where they are permitted by existing site specific exceptions to the Zoning By-laws. Inaddition, boarding house dwellings and rooming houses would also be permitted in R3, R3-1 and R4 zonesonly on lots abutting primary arterial roads and the following secondary arterial road sections:

1. Lasalle Boulevard between Notre Dame Avenue and Falconbridge Highway;2. Regent Street between Paris and Lorne Street; and3. Barrydowne Road between Kingsway and Lasalle Boulevard

It is noted that the primary arterial roads are listed in Appendix 2 to the By-law, being the Arterial RoadClassification Chart.

Not all primary arterial roads include R3, R3-1 and R4 zones abutting them. The following Primary ArterialRoads have such zones abutting a portion of the road.

Brady Street ----- Douglas Street to Lloyd Street

Dennie Street ----- Municipal Road 84 to Hanna Avenue

Elm Street ----- Lorne Street to Municipal Road 35

Falconbridge Highway ----- Kingsway to Skead Road

Highway 17 ----- West City limit to east City limit

Kingsway ----- Lloyd Street to Highway 17

M.R. 35 ----- Elm Street to Highway 144

M.R. 55 ----- Lorne Street (at Big Nickel Road) to Highway 17

M.R. 80 ----- Notre Dame Approx. 200 m south of Donaldson Crescent to Notre Dame (Community ofHanmer)

Notre Dame Avenue ----- Elm Street to Municipal Road 80

Paris Street ----- Elm Street to Regent Street

Regent Street ----- Paris Street to Ida Street

Ste. Anne Road ----- Notre Dame to Elgin Avenue

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With respect to including the secondary arterial road sections of Lasalle Boulevard, Regent Street andBarrydowne Road, staff note that these sections of roads are significant transportation corridors in the City. Significant portions of these road sections also have abutting lands designated as “Mixed Use Commercial”in the Official Plan, permitting a wide range of commercial uses. Further, the Official Plan encourageshigher density housing forms in these areas. These road corridors are also served by transit and include arange of uses and amenities that would serve the residents of these forms of housing.

Option 1 would require that Table 6.1 in the May 2010 draft be amended by adding a special provisionnumber (7) to be applied to boarding house dwellings and rooming houses to limit their permission toprimary arterial roads and the three additional roads noted above.

Option 2 – Existing Zoning By-law permissions

This option would involve deleting the permission for boarding house and rooming house dwellings in theR3, R3-1 and R4 zones on Table 6.1 and the standards for boarding house dwellings and rooming houseson Table 6.5. An additional provision would need to be added to the C6(1) Downtown Commercial Specialwhich covers portions of the downtown areas of Capreol, Lively and Chelmsford, to delete boarding housedwellings and rooming houses as permitted uses.

Boarding house dwellings and rooming houses would only be permitted in the "C6", Downtown CommercialZone in the former City of Sudbury and within the existing site specific exceptions that are currently in affectin the existing Zoning By-laws.

Staff note that Option 2 does nothing to expand the locations or opportunities for boarding house dwellingsand rooming houses in the City, beyond the Sudbury downtown (proposed C6 Zone) and the existing sitespecific zoned sites. For these reasons, Planning Staff do not support this option.

2. Shipping and Storage Containers

As noted above, the April 20, 2010 Planning Committee report included that provisions allowing for thetemporary storage of shipping containers on properties to be used as part of a move by residents orbusinesses. These provisions have been included in the May 2010 draft by-law. Staff note, however thatthe issue of the distribution of such containers has not been addressed in the May 2010 draft. As such, afurther amendment is being suggested to allow shipping and storage containers to be distributed from "M2",Light Industrial and "M3", Heavy Industrial Zones. These zones are considered to be appropriate for the distribution of shipping and storage containers. Theirdistribution from Commercial or M1 or M1-1 zones where shipping containers are not allowed to be located,are not considered to be appropriate sites for their distribution. Section 4.34 Shipping and StorageContainers, is set out below with the suggested additional wording set out in bold.

“ 4.34 SHIPPING AND STORAGE CONTAINERS

Shipping and storage containers shall not be placed or used on any lot in a Residential (R), Commercial (C),Mixed Light Industrial/Service Commercial (M1) or Business Industrial (M1-1) Zone and shall only belocated on a lot as:

a) an accessory structure used in conjunction with a permitted agricultural, extractive, transport terminal orwarehouse use; or,

b) for the purposes of rental, sale or distribution from a Light Industrial (M2) or Heavy Industrial(M3) Zone for use off-site.”

This change has been included in Attachment 2 as a recommended amendment to the May 2010 DraftBy-law.

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3. Green Spaces

Planning staff in conjunction with the City Real Estate and Leisure Services staff have identified thirty foursites that are included in the City’s Green Space Plan Inventory, where zoning changes are considered tobe appropriate to reflect the properties existing park, institutional or open space use. These recommendedzone changes are set out on Attachment 3.

4. Legal Nonconforming and Legal-Noncomplying

On Table 1 of the April 20, 2010 Planning Committee staff report, Sinclair and Sinclair had providedcomments on Sections 4.25.2 and 4.25.4 dealing with the reconstruction of existing buildings that were legalnon-conforming. In the report, staff had noted that they were still reviewing the decision of the Court on the Ottawa vs. TDL Group. In the May 2010 draft, the text wasamended to delete the words, “and provided that a building permit for the reconstruction is obtained within24 months of the damage being done.” Planning staff have consulted with Meridian Planning who areassisting the City in the preparation of the draft By-law and have come to the conclusion that the wording ofthis section should remain as set out in the May 2010 draft.

5. Hunting and fishing camps

In the staff report to the April 20, 2010 Planning Committee, staff recommended the deletion of hunting andfishing camps which was included as a permitted use in the "RU", Rural zone in the January draft. In thatreport staff had noted concerns with permitting such structures as a main use on properties as it could leadto their conversion to seasonal dwellings or dwellings over time in areas where they otherwise would not bepermitted. Staff had also noted in the April staff report that hunting and fishing camps were currently notpermitted as a main use on a property. While it is correct that fishing and hunting camps are not permitted inthe 95-500Z and the five 83-300 series By-laws, By-laws 2001-24Z and 2001-25Z covering the formerlyunorganized Townships that were added to the City in 2001, did allow such uses in their Rural Zone. As aresult, in order that such uses, where they have been lawfully established, do not become legalnon-conforming, staff are recommending that existing hunting and fishing camps be permitted in the RuralZone. Any new hunting of fishing camps would require an amendment to the By-law.

This change would require an amendment to Table 9.2 to add “hunting or fishing camps” as a permitted usein the Rural zone, with a special provision footnote limiting the use to only those that are legally existing.

This change has been included in Attachment 2 as a recommended amendment to the May 2010 DraftBy-law.

6. Definitions

Definition 9 – “Alter” which was in the January 2010 draft was deleted in error in the May 2010 draft andneeds to be reinserted into the By-law. It is noted that the definition of "Alter" remains unchanged from thatwhich has been in By-law 95-500Z and the 83-300 series By-laws. This change has been included inAttachment 2 as a recommended amendment to the May 2010 Draft By-law.

7. Mapping revisions/edits

In the review of the May 2010 draft by-law, staff has identified mapping errors that need to corrected. Those that staff has identified at the time of finalizing this report are set out on Attachment 4. As staffcontinue to review the draft by-law there will likely be additional errors identified that will also requirecorrection prior to Council enacting the By-law.

8. Technical/Clerical and Administrative Refinements

In the interest of having as accurate a document as possible, staff continue to review the document to

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eliminate errors in the text, mapping and format and to eliminate conflicting provisions. Whereerrors/omissions are discovered staff will undertake to correct them so that the final By-law presented toCouncil for enactment is as accurate as possible.

Summary

The May 2010 draft Comprehensive Zoning By-law is the culmination of a review that began in 2007following the approval of the new Official Plan by the Ministry of Municipal Affairs. The draft Zoning By-lawrepresents a consolidation and rationalization of eight existing Zoning By-laws and provides a solid basis forimplementing the Official Plan and regulating land use and development within the City. It has benefittedfrom extensive input and contributions of staff from several departments, agencies and the public.

It is recommended that the draft Zoning By-law, with the revisions to include Option 1 addressing boardingand rooming houses as set out in the staff report be approved and the revisions set out in Attachments 2, 3and 4 be approved and that the draft Zoning By-law be finalized by staff for enactment by Council. Shouldthe Committee concur, the recommendation in this report should adopted.

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ATTACHMENT 1

Provisions Currently Contained in the May 2010 Draft - Shipping and StorageContainers and Bicycle Parking

4.40.7 Temporary Shipping or Storage Containers

Notwithstanding Section 4.34, one shipping or one storage container shallbe permitted on a lot within a Residential or Commercial or Institutional Zonefor a maximum of 14 consecutive days for the purposes of being loaded orunloaded where a use, business or the occupants of a dwelling are movingfrom a lot to another lot.

5.8 BICYCLE PARKING

a) A bicycle parking space shall have a minimum width of 0.6 m andlength of 1.8 metres and shall be located:

(i) adjacent to a structural element or in a rack securely anchoredto the ground, to which the bicycle can be secured, or

(ii) within a lockable enclosed storage space.

b) An outdoor bicycle parking space may be located in any yard andshall be located in order to provide convenient access to mainentrances or well-used areas.

c) Required bicycle parking spaces may be located in parking areas,indoors or in a landscaped open space area but no bicycle parkingspace shall impede access to a building.

d) The number of bicycle parking spaces required for uses shall becalculated in accordance with the standards set out in Table 5.10,below:

Attachment 1 1/2 of 71

Table 5.10: Bicycle Parking Requirements Use Minimum Parking Space

RequirementMultiple dwelling with 6 or moredwelling units

0.5/dwelling unit

Rooming house 0.25/guest roomCommercial Recreation Centre;

Office;

Personal Service Shop;

Place of Amusement;

Retail Store;

Restaurant;

Service Shop; Service Trade;

Shopping Centre

2 spaces on a lot, plus 1 spaceper 500 m2 gross floor area to amaximum requirement of 24/lot

Institutional, excluding school 2 spaces on a lot, plus 1 spaceper 500 m2 gross floor area to amaximum requirement of 24/lot

School Elementary and Secondary – 1/10students;University/College – 0.5/guestroom or dormitory room and 1/300 m2 of gross floor area for anyother building.


Attachment 2 - Recommended Amendments to the May 2010 Draft By-law

1. That Section 4.34 be deleted and replaced with the following wording:

“ 4.34 SHIPPING AND STORAGE CONTAINERS

Shipping and storage containers shall not be placed or used on any lot in aResidential (R), Commercial (C), Mixed Light Industrial/Service Commercial(M1) or Business Industrial (M1-1) Zone and shall only be located on a lot as:

a) an accessory structure used in conjunction with a permittedagricultural, extractive, transport terminal or warehouse use; or,

b) for the purposes of rental, sale or distribution from a Light Industrial(M2) or Heavy Industrial (M3) Zone for use off-site.

2. That Table 9.2 be amended to add “Hunting or Fishing Camp” as a permitteduse in the "RU", Rural zone along with the addition of a special provisionrestricting such use to those legally existing.

3. That Definition 9 - “Alter” which was in the January 2010 draft but was deleted inerror in the May 2010 draft be reinserted into the By-law.


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Attachment 4 Recommended Mapping Revisions

a) Part Lot 6, Concession 5, McKim Township, (west of Frood Road north of LaSalleExtension) are part of lands owned by Vale Inco and should be rezoned to "M4", MiningIndustrial.

b) Lots 88 and 89, Plan M31S, Lot 6, Concession 3, McKim Township, (located at thesouth west corner of Alder and Victoria Streets)

This property is zoned "M1", Mixed Light Industrial/Service Commercial in the May 2010draft By-law, but should have been zoned "M1-1", Business Industrial, similar to thechange for all other M1 properties in the immediate area that were rezoned to "M1-1",Business Industrial.

c) Parcel 5442, Lot 100 Plan M96, Lot 6, Concession 3, McKim Township (195 Douglas Street)

This property is zoned "M1", Mixed Light Industrial/Service Commercial in the May 2010draft By-law, but should have been zoned "M1-1", Business Industrial, similar to thechange for all other M1 properties in the immediate area that were rezoned to "M1-1",Business Industrial.

d) Northwest quarter of Lot 9, Concession 1, Broder Township

This property is owned by the Shaar Hashomayim Congregation of Sudbury and hasbeen used for several years as summer youth camp. The mapping in the May 2010draft appears to have only zoned a portion of the property "OSR", Open Space -Recreation. The zoning should be changed to reflect the correct boundaries of theproperty.

e) Canadian Pacific Railway from Douglas Street to Martindale Road

A strip of Canadian Pacific Railway lands located between Lorne Street and OntarioStreet extending from Douglas Street to Martindale Road is currently zoned in By-law95-500Z, a combination of "R6", Established Residential and "R2", Double ResidentialZones. Canadian Pacific rail line occupies the subject property. The draft May 2010Zoning By-law zones the lands a combination of R3 and R2-3. Given the narrow widthof the strip (ranging from approximately 20 m to 30 m) and its location between Lorneand Ontario Streets it would be more appropriate that these lands be zoned "OSP",Open Space - Private. It is noted that Section 4.40 provides that public railways are apermitted use in all zones and as such there is no impact to the status of the railwayuse as a result of this zone change.

f) Canadian Pacific Rail yard (south of CPR Station) Lot 5, Concession 3

The Canadian Pacific Rail yard south of the CPR Station is currently zoned M1-7 inBy-law 95-500Z, with the only uses permitted being rail uses and their accessorybuildings and structures. A special exception M1(14) is included in the draft Zoning By-law carrying forward the same limitation on the uses. The zone mapping however doesnot show the M1(14) zone on the yard portion of the CP lands. All of the CP landsbetween Brady and Elizabeth have been shown as "C6", Downtown Commercial. Thezoning of these lands should be revised to show the portion of the lands as being zonedM1(14).


Attachment 5 - april 20 2010 staff report 1/32 of 71

Attachment 6 letters of concern 1/16 of 71

agenda - greater sudbury 1 2010... · agenda planning committee ... comité de la planification ......

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