Presented To: Planning Committee Request for Decision Application for rezoning in order to permit a place of worship on a vacant lot zoned for C1, Local Commercial uses, Cam Street, Sudbury Sitiri Investments Ltd Presented: Monday, Jul 07, 2014 Report Date Friday, Jun 20, 2014 Type: Public Hearings File Number: 751-6/14-14 Recommendation THAT the City of Greater Sudbury approve the application by Sitiri Investments Ltd. to amend Zoning By-law 2010 100Z by changing the zoning classification from "C1", Local Commercial to "I"(S), Institutional Special on those lands described as PINs 73478-0141, 73478-0142 & 73478-0642, Parcels 26175, 50615 & 50616 S.E.S., Lots 58, 59 & 60, Plan M-403 in Lot 4, Concession 6, Township of Broder, subject to the following conditions: a) The only permitted uses shall be a place of worship and related accessory uses; b) The minimum easterly interior side yard setback shall be 3 metres; and, c) The maximum building height shall be 11 metres. STAFF REPORT Signed By Report Prepared By Mauro Manzon Senior Planner Digitally Signed Jun 20, 14 Recommended by the Division Eric Taylor Manager of Development Approvals Digitally Signed Jun 20, 14 Recommended by the Department Paul Baskcomb Acting General Manager of Growth & Development Digitally Signed Jun 20, 14 Recommended by the C.A.O. Doug Nadorozny Chief Administrative Officer Digitally Signed Jun 24, 14 Applicant: Sitiri Investments Ltd. (Agent: Jim Mayer) Location: PINs 73478-0141, 73478-0142 & 73478-0642, Parcels 26175, 50615 & 50616 S.E.S., Lots 58, 59 & 60, Plan M-403 in Lot 4, Concession 6, Township of Broder (Cam Street, Sudbury) Application: To amend By-law 2010-100Z being the City of Greater Sudbury Zoning By-law from "C1", Local Commercial to "I", Institutional.
Proposal: Application for rezoning in order to permit a one-storey, approximate 731 m2 (7,872 sq. ft.) place of worship. Site-specific relief is also requested for an easterly side yard setback of 2 m (6.6 ft.) where 10 m (32.8 ft.) is required. Official Plan Conformity: The subject land is designated as Mixed Use Commercial in the Official Plan. All uses except Heavy Industrial may be accommodated in the Mixed Use Commercial designation through the rezoning process, subject to criteria under Section 4.3 of the Plan. Small lot rezoning will be discouraged and land assembly for consolidated development will be promoted. New development may be permitted provided that: 1. sewer and water capacities are adequate for the site; 2. parking can be adequately provided; 3. no new access to Arterial Roads will be permitted where reasonable alternate access is available; 4. the traffic carrying capacity of the Arterial Road is not significantly affected; 5. traffic improvements, such as turning lanes, where required for a new development, will be provided by the proponent; and, 6. landscaping along the entire length of road frontages and buffering between non-residential and residential uses will be provided. Section 14.5 of the Official Plan contains policies related to development on major arterial roads such as Regent Street. Where development or redevelopment is proposed along any Arterial Road, it will be policy of Council to require the following: 1. proponents are to submit a landscaping plan as part of the site plan approval process; 2. a three-metre landscape strip along the Arterial Road frontage will be provided; 3. all areas on a site not used for parking, driveways, storage, loading and buildings are to be landscaped or retained in a natural state; 4. wherever possible, encourage parking to be located to the rear of buildings; 5. where outside storage is permitted, require that such facilities be located out of view from the Arterial Road corridor; and, 6. signage will be integrated with the building wherever possible. Conformity with the Official Plan is based on a review of the above noted policies. Site Description & Surrounding Land Uses: The subject property comprises three (3) lots in a registered plan of subdivision in the South End of Sudbury. Cam Street is designated as a Local Road and is not constructed to an urban standard. Regent Street is designated as a Primary Arterial Road. There are no sidewalks along this portion of Regent Street. The area is fully serviced by municipal water and sanitary sewer. Total area is 0.53 ha (1.3 acres), with 67.7 m (222 ft.) of frontage on Cam Street and 79.2 m (260 ft.) of flankage on Regent Street. The lands are currently vacant. Some site alteration has occurred including the clearance of vegetation. The lands are relatively flat, with the exception of a large rock outcrop which extends along the southeasterly portion of the site.
The subject property abuts three (3) single detached dwellings to the east and southeast (2319, 2327 & 2337 Louisa Drive). These homes are located east and south of the rock outcrop at a higher elevation (approximately 3 metres). A vacant residential lot also zoned R1-5 forms the corner lot at Cam Street and Louisa Drive. A hydro substation abuts to the south (2347 Louisa Drive). An industrial property with M1(27) special zoning is located opposite the subject land. The site-specific zoning allows all M1 uses as well as the placement of shipping and storage containers for the purposes of rental, sale and distribution for use off site. Departmental & Agency Comments: Development Engineering Municipal water and sanitary sewer are available along Cam Street. We have no objection to changing the zoning classification from C1, Local Commercial to I, Institutional provided development proceeds by way of Site Plan Control. The Site Plan Control Agreement will detail issues such as water and sewer servicing and stormwater management. Roads and Transportation Section We have no objection to the proposed use of the subject property. As a condition of the required site plan agreement, we will require that the property be serviced with a single driveway entrance as far from Regent Street as possible. Drainage Section No concerns. Building Services We can advise that Building Services has the following comments: 1. Site-specific relief is required for an easterly side yard setback of 2 m (6.6 ft.). 2. Pursuant to Section 4.15.4 of CGS Zoning By-law 2010-100Z, a planting strip is required along the east and south lot lines. 3. Pursuant to Section 3.2.5.7. of the Ontario Building Code, the owner will have to provide an additional fire hydrant for the proposed building. 4. Pursuant to CGS Zoning By-law 2010-100Z, four (4) bicycle parking spaces are required. 5. The required water for firefighting purposes is 100 l/s, as calculated. The available fire flow will be provided by Development Engineering. The property will require a Site Plan Control Agreement and during that process, based on anticipated quantities of removal of rock through blasting, the following conditions will be imposed: a) The developer will be required to provide a geotechnical report on how the work related to blasting shall be undertaken safely to protect adjoining structures and other infrastructure. The geotechnical report shall be undertaken by a blasting consultant defined as a professional engineer licensed in the Province of Ontario with a minimum of five (5) years experience related to blasting. b) The blasting consultant shall be retained by the developer and shall be independent of the contractor
and any subcontractor doing blasting work. The blasting consultant shall be required to complete specified monitoring recommended in his/her report of vibration levels and provide a report detailing those recorded vibration levels. Copies of the recorded ground vibration documents shall be provided to the contractor and contract administration weekly or upon request for this specific project. c) The geotechnical report will provide recommendations and specifications on the following activities as a minimum but not limited to: Pre-blast survey of surface structures and infrastructure within affected area; Trial blast activities; Procedures during blasting; Procedures for addressing blasting damage complaints; Blast notification mechanism to adjoining residences; and, Structural stability of exposed rock faces. d) The above report shall be submitted for review to the satisfaction of the Chief Building Official prior to the commencement of any removal of rock by blasting. e) Should the developer s schedule require to commence blasting and rock removal prior to the Site Plan Control Agreement having been signed, a site alteration permit shall be required under the City of Greater Sudbury s By-law #2009-170 and shall require a similar geotechnical report as a minimum prior to its issuance. Neighbourhood Consultation: The applicant was advised of the City s policy recommending that applicants consult with their neighbours, ward councillor and key stakeholders to inform area residents on the application prior to the public hearing. The applicants conducted a neighbourhood information session on May 31, 2014 at the South End Public Library between 1 and 3 p.m. As of the date of this report, three (3) phone calls and one (1) counter inquiry have been received seeking clarification on the application. One written submission has been received (attached for review). Background: The subject lots were created as part of a plan of subdivision registered in 1955 (Plan M-403). Zoning was first implemented under Interim By-law 76-327 as LC, Local Commercial District. In 1987, an S-22 special zoning was applied to Lot 60 to permit a up to three (3) display buildings (model homes) in addition to local commercial uses (By-laws 87-70 & 89-108). The special zoning for Lot 60 was carried forward to By-law 95-500Z as C1-26, Local Commercial Special. The display of model homes was eventually discontinued and all three lots are now zoned C1, Local Commercial under By-law 2010-100Z, which was enacted in September 2010. Planning Considerations: The application is reviewed within the context of existing zoning rights, which would permit an array of neighbourhood commercial services, with or without a residential use. Since each lot forms a whole lot in a
registered plan of subdivision, all three lots could be transferred and developed separately. In this case, the applicant is proposing to consolidate the land holdings in order to develop a place of worship. Land use compatibility with abutting low density housing and the suitability of the site to accommodate the proposed use are the main issues. The prominent location on a major arterial road that functions as a gateway corridor into the City shall also be considered. Land use compatibility Places of worship are defined as neighbourhood-based institutional uses, and are considered appropriate within residential areas. Historically these facilities were integrated into neighbourhood settings. Larger buildings were more appropriately sited along major roads. In this case, the site abuts a Primary Arterial Road and is on the periphery of an established residential area. There is also some existing light industrial use in close proximity. In terms of compatibility, the proposed use can be supported based on the following considerations: A place of worship is considered a less intensive use compared to commercial uses; Site-specific zoning can be utilized to limit the use to a place of worship, eliminating those institutional uses which may not be compatible in a residential setting, such as a private club; The proposal requires consolidation of the three (3) lots, which is desirable from a land use perspective; The proposed building height is one-storey; and, There are no local traffic impacts given the immediate access to Regent Street, which is now fully signalized at Cam Street. Suitability of the site The rezoning sketch demonstrates that there is sufficient site area to accommodate a place of worship and address adequate parking, on-site circulation and landscaping. Overall lot coverage remains low at 14% where a maximum of 50% is permitted. 57 parking spaces are illustrated where a minimum 42 spaces are required based on a seating capacity of 206 persons. Rock removal will be required on a portion of the site. The City now implements protocols on rock blasting in order to protect adjacent properties and municipal infrastructure, as outlined in comments from Building Services. The applicant is advised that a site alteration permit is required if any rock removal is needed prior to the registration of the Site Plan Control Agreement. Site-specific zoning provisions a. Easterly interior side yard setback The proponents are requesting site-specific relief for an interior side yard setback of 2 m (6.6 ft.) where 10 m (33 ft.) are required in an Institutional zone. The interior side yard setback applied under the existing C1 zoning is 1.8 m (6 ft.) abutting a Residential zone. The proponent s rationale for the reduced setback is that this part of the building will accommodate a one-storey dwelling unit, thereby having limited impact on the abutting property (Note: A one-storey dwelling would typically have a setback of 1.2 m or 4 ft.). As a reasonable alternative, Planning Services recommends a minimum 3 m (10 ft.) setback, which would involve moving the building footprint slightly. At minimum this would provide an adequate planting strip along the easterly side yard. Combined with a building height of one-storey, this would improve physical
compatibility with the abutting residential property. b. Building height In order to maintain land use compatibility with low density housing, it is further recommended that the building height be limited to 11 m (36 ft.), which is the maximum height permitted in the abutting R1-5 zone. This is consistent with the applicant s proposal and would accommodate the design as proposed. c. Planting strips A planting strip is required wherever a non-residential lot abuts a Residential zone. A planting strip may comprise various formats, such as an opaque fence to a minimum height of 1.5 metres combined with a minimum 1.8 metre wide landscaped area; or alternatively, a continuous row of vegetation (trees, hedgerows) which is dense enough to screen the use and wide enough to buffer it appropriately (minimum 3 metres or 10 ft.). In this case, planting strips are required along the entire easterly and southerly lot lines. An abutting property owner has requested natural vegetative screening along a portion of the subject property where it abuts low density housing on Louisa Drive. There appears to be sufficient space around the building to retain natural vegetation while accommodating construction of the facility. However, this may create constraints related to lot grading and drainage. Consideration shall therefore be extended to providing natural vegetative buffering wherever feasible at the site plan control stage. Servicing The area is fully serviced by municipal water and sanitary sewer. The sewer rock tunnel is in close proximity to the site, located to the southwest within the Regent Street right-of-way. Development Engineering has not identified any servicing issues related to the subject property. Building Services has indicated that an additional fire hydrant will be required to service the development. Access Direct access to Regent Street is restricted under the Official Plan. Roads and Transportation Section recommend only one (1) driveway entrance on Cam Street, which should be sited as far from Regent Street as possible. This matter can be dealt with in greater detail at site plan stage. Summary From a land use perspective, the proposed use is deemed compatible with adjacent uses and forms a good fit for the site. With the provision of landscaping along the street lines, redevelopment of the property will enhance the appearance of a gateway corridor into the City. It is recommended that the site-specific zoning limit the use of the property to a place of worship in order to restrict those institutional uses which may not be compatible with adjacent low density housing. Planning Services recommends that the application for rezoning be approved subject to the conditions outlined in the Recommendation section of this report.
Larchwood R3(41) 2333 28 R1-5 M1 9 15 M1 Pond Hollow Remington R1-5 Mallard's Landing 45 53 73 25 33 69 77 89 2601 17 29 37 41 49 57 61 65 81 21 85 5 2 Remington 30 34 38 42 50 54 58 82 6 18 22 26 46 70 74 78 86 90 10 14 Field R1-5 94 2363 2369 2397 2403 2409 2415 2421 2427 2433 2439 2445 C1 P Regent 24472455 2463 2471 Armstrong Celine 2381 C1(29) 2418 2424 2436 2446 Muriel Celine 2505 C1 2486 2513 2492 2498 2527 2533 2539 2178 C3(12) 2280 M1(27) R1-5 2508 2178 R1-5 C1 LOT 4 CON 6 2520 2526 2536 2247 Cam 2239 2267 2273 2281 2231 2337 2215 2221 2256 2357 2242 2272 2319 2327 2282 2365 2232 2292 2294 2214 2373 2205 Louisa R1-5 2310 2340 2348 2320 2326 2330 2383 2215 2206 2368 2391 2198 2293 2301 2315 2401 2251 2331 2341 2343 2409 2261 2275 2289 2355 2367 2390 Muriel 2416 2246 2296 2304 2312 2330 2340 R1-5 2288 2322 2348 2358 2366 2254 2272 2376 2384 2410 2280 2394 2402 Growth and Development Department 2264 LOT 3 CON 6 FD FD(3) Ü Regent Mist Hollow Sweetberry Pond Hollow Field Cam Louisa Subject Property being PINs 73478-0141, 73478-0142, & 73478-0642, Pcls. 50615, 50616, & 26175 SES, Lots 58, 59, & 60 Plan M-403, Lot 4 Con. 6, Twp. of Broder, Cam Street, Sudbury, City of Greater Sudbury NTS Sketch 1 751-6/14-14 Date: 2014 04 25 751-6-14-014 location sketch 1/1
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PHOTO 1 CAM STREET, SUDBURY VIEW OF SUBJECT PROPERTY FROM NORTH SIDE OF CAM STREET PHOTO 2 CAM STREET, SUDBURY VIEW OF STREET LINE ALONG REGENT STREET 751-6/14-14 PHOTOGRAPHY JUNE 18, 2014 751-6-14-014 photos 1/5
PHOTO 3 CAM STREET, SUDBURY VIEW FROM CENTRE OF PROPERTY FACING SOUTH PHOTO 4 CAM STREET, SUDBURY VIEW FACING EAST TOWARDS SINGLE DETACHED DWELLINGS ON LOUISA DRIVE 751-6/14-14 PHOTOGRAPHY JUNE 18, 2014 751-6-14-014 photos 2/5
PHOTO 5 CAM STREET, SUDBURY VIEW OF ROCK OUTCROP AND TYPICAL VEGETATION ON EASTERLY PORTION OF SITE PHOTO 6 CAM STREET, SUDBURY VIEW OF CEDAR HEDGEROW AT REAR OF 2337 LOUISA DRIVE 751-6/14-14 PHOTOGRAPHY JUNE 18, 2014 751-6-14-014 photos 3/5
PHOTO 7 CAM STREET, SUDBURY VIEW TOWARDS REAR YARD OF 2327 LOUISA DRIVE FROM TOP OF ROCK OUTCROP PHOTO 8 CAM STREET, SUDBURY VIEW TOWARDS REAR YARD OF 2319 LOUISA DRIVE FROM TOP OF ROCK OUTCROP 751-6/14-14 PHOTOGRAPHY JUNE 18, 2014 751-6-14-014 photos 4/5
PHOTO 9 LOUISA DRIVE, SUDBURY ABUTTING SINGLE DETACHED DWELLINGS ON LOUISA DRIVE PHOTO 10 2280 ARMSTRONG STREET, SUDBURY INDUSTRIAL USE WITH OUTDOOR STORAGE LOCATED OPPOSITE SUBJECT LAND 751-6/14-14 PHOTOGRAPHY JUNE 18, 2014 751-6-14-014 photos 5/5
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