2009-06-25-Minutes DSC 14app.oshawa.ca/.../2009/06-25-Special/2009-06-25-Minutes_DSC_14.pdf ·...

DEVELOPMENT SERVICES COMMITTEE MEETING June 25, 2009 Minutes of the FOURTEENTH meeting of the Development Services Committee for 2009 being a special meeting held in the Bobby Orr Lounge, 99 Thornton Road South on Thursday, June 25 2009 at 1:33 p.m. Present: Councillor Parkes, Chair Councillor Lutczyk, Vice-Chair

Councillor Henry, Member Councillor Nicholson, Member Councillor Pidwerbecki, Member (entered at 2:06 p.m.) Mayor Gray, Ex-Officio (entered at 1:40 p.m., left at 3:08 p.m.)

Also Present: Councillor Neal (left at 3:00 p.m.) M. Pringle, Committee Co-ordinator T. Hodgins, Commissioner, Development Services Department P. Ralph, Director, Planning Services G. Carroll, Director, Engineering Services T. Goodeve, Manager, Policy J. Shestowsky, Manager, Administrative Services R. Schatz, Real Estate Manager L. Lawson, Accessibility Co-ordinator V. Field, Planner Absent: None. DS-09-283 The Westcreek Environmental Club – Expressing Concern about the Future

of the Environment (All Wards) The Committee reviewed Correspondence DS-09-283 dated June 11, 2009

from Leslie Fallaize, The Westcreek Environmental Club expressing concern about the future of the environment and concerning water pollution problems in our lakes and rivers and requesting Council to make positive changes.

Moved by Councillor Nicholson, “That the Development Services Committee recommend to City Council: That Correspondence DS-09-283 dated June 11, 2009 from Leslie Fallaize,

The Westcreek Environmental Club expressing concern about the future of the environment be referred to the Commissioner, Development Services Department to arrange a presentation by the Senior Environmental Co-ordinator to The Westcreek Environmental Club, to highlight the City’s environmental initiatives.” CARRIED

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DEVELOPMENT SERVICES COMMITTEE MEETING – June 25 2009

DS-09-286 Environmental Registry – Green Energy and Green Economy Act (All Wards) The Committee reviewed Correspondence DS-09-286 concerning

Environmental Registry Number 010-6708 regarding the Green Energy and Economy Act 2009 that was passed in the legislature on May 14, 2009 to prioritize Ontario’s use of clean and renewable sources of energy and noting comments can be submitted between June 9, 2009 and July 24, 2009.

Moved by Councillor Lutczyk, “That the Development Services Committee recommend to City Council: That Correspondence DS-09-286 concerning Environmental Registry

Number 010-6708 regarding the Green Energy and Economy Act 2009 that was passed in the legislature on May 14, 2009 to prioritize Ontario’s use of clean and renewable sources of energy and noting comments can be submitted between June 9, 2009 and July 24, 2009 be referred to staff for a direct response.” CARRIED

DS-09-289 P. Madill, Region of Durham – Growth Plan Implementation ‘Growing

Durham Study – Adoption of Amendment 128 to the Durham Regional Official Plan’ (All Wards)

The Committee reviewed Correspondence DS-09-289 dated June 10, 2009

from P. Madill, Regional Clerk, Region of Durham forwarding a copy of correspondence sent to the Honourable Jim Watson and the Honourable George Smitherman regarding the Growth Plan Implementation ‘Growing Durham Study’ – Adoption of Amendment 128 to the Durham Regional Official Plan.

Moved by Councillor Nicholson, “That Correspondence DS-09-289 dated June 10, 2009 from P. Madill,

Regional Clerk, Region of Durham forwarding a copy of correspondence sent to the Honourable Jim Watson and the Honourable George Smitherman regarding the Growth Plan Implementation ‘Growing Durham Study’ – Adoption of Amendment 128 to the Durham Regional Official Plan be referred to Report DS-09-287.” CARRIED

DS-09-293 Erwin Waldinsperger – Submission of Comments Regarding the Go Transit

Environmental Assessment for the Oshawa East Track Extension (All Wards) The Committee reviewed Correspondence DS-09-293 dated June 16, 2009

from Erwin Waldinsperger submitting comments regarding the Go Transit Environmental Assessment for the Oshawa East Track Extension and requesting Council review and develop proximity guidelines (ex. within 300 metres) for future development near rail and highway transportation corridors.

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Moved by Councillor Nicholson, “That the Development Services Committee recommend to City Council: That Correspondence DS-09-293 dated June 16, 2009 from

Erwin Waldinsperger submitting comments regarding the Go Transit Environmental Assessment for the Oshawa East Track Extension be received for information as comments have been sent to Go Transit.” CARRIED

DS-09-297 Bryce Jordan, Sernas Associates – Request to Address the Development

Services Committee Regarding Report DS-09-277, Dusty Dawn Developments Inc. (Ward 7)


from Bryce Jordan, Sernas Associates requesting to address Committee regarding the applications by Dusty Dawn Developments Inc. and advising he will be in attendance in support of the staff recommendations and will be available to address any issues raised by neighbouring land owners.

Moved by Councillor Nicholson, “That Correspondence DS-09-297 dated June 19, 2009 from Bryce Jordan,

Sernas Associates requesting to address Committee regarding the applications by Dusty Dawn Developments Inc. be referred to Report DS-09-277.” CARRIED

This matter is discussed later in the meeting (see Page 8). DS-09-299 Pascal Ouellette – Request to Address the Development Services

Committee Regarding Report DS-09-277, Dusty Dawn Developments Inc. (Ward 7)


from Pascal Ouellette requesting to address Committee regarding the applications by Dusty Dawn Developments Inc.

Moved by Councillor Nicholson, “That Correspondence DS-09-299 dated June 21, 2009 from

Pascal Ouellette requesting to address Committee regarding the applications by Dusty Dawn Developments Inc. be referred to Report DS-09-277.” CARRIED

This matter is discussed later in the meeting (see Page 8).

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DS-09-298 Bryce Jordan, Sernas Associates – Request to Address the Development Services Committee Regarding Report DS-09-294, Application by Trent University (Ward 2)


from Bryce Jordan, Sernas Associates requesting to address Committee regarding the Official Plan Amendment application by Trent University and advising he will be in attendance in support of the staff recommendations and will be available to address any issues raised by neighbouring land owners.

Moved by Councillor Nicholson, “That Correspondence DS-09-298 dated June 19, 2009 from Bryce Jordan,

Sernas Associates requesting to address Committee regarding the Official Plan Amendment Application by Trent University be referred to Report DS-09-294.” CARRIED

This matter is discussed later in the meeting (see Page 12). DS-09-301 Joseph Cimer, Sernas Associates – Request for Don O’Leary,

Vice-President of Administration to Address the Development Services Committee Regarding Report DS-09-294, Trent University (Ward 2)


from Joseph Cimer, Sernas Associates requesting Don O’Leary be permitted to address Committee regarding the applications submitted by Trent University.

Moved by Councillor Lutczyk, “That Correspondence DS-09-301 dated June 23, 2009 from

Joseph Cimer, Sernas Associates requesting Don O’Leary be permitted to address Committee regarding the applications submitted by Trent University be referred to DS-09-294.” CARRIED

This matter is discussed later in the meeting (see Page 12). DS-09-302 Ihor (George) Lysyk – Request to Address the Development Services

Committee Regarding 15 Acres of Property at the Northwest Corner of Ritson Road North and Winchester Road, Oshawa (Ward 7)

Moved by Councillor Lutczyk, “That the delegation of Ihor Lysyk be heard at the appropriate time.”

CARRIED This matter is discussed later in the meeting (see Page 12).

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DS-09-304 Joy Wawrzyniak – Submitting Comments in Opposition to Report DS-09-266, Revised Application to Amend Zoning By-law 60-94, 364 Simcoe Street North, Oshawa Hospital Foundation (Ward 5)


from Joy Wawrzyniak submitting comments in opposition to Report DS-09-266 concerning a revised application to amend Zoning By-law 60-94 at 364 Simcoe Street North by the Oshawa Hospital Foundation and citing concerns with insufficient parking and the proposed height of the building.


Joy Wawrzyniak submitting comments in opposition to a revised application to amend Zoning By-law 60-94 at 364 Simcoe Street North by the Oshawa Hospital Foundation and citing concerns with insufficient parking and the proposed height of the building be referred to Report DS-09-266.” CARRIED

This matter is discussed later in the meeting (see Page 16). DS-09-303 Ihor (George) Lysyk – Request to Address the Development Services

Committee Regarding Report DS-09-285, Application for Removal of Part Lot Control, 303 Wolfe Street (Ward 1)


from Ihor Lysyk requesting to address Committee regarding the application for removal of Part Lot Control at 303 Wolfe Street.


Ihor Lysyk requesting to address Committee regarding the application for removal of Part Lot Control at 303 Wolfe Street be referred to Report DS-09-285 and the delegation of Ihor Lysyk be heard at the appropriate time.” CARRIED

This matter is discussed later in the meeting (see Page 14). Mayor Gray entered the meeting. DS-09-305 Jennie Hardsand, Hardsand Fence Centre – Expressing Concern with

Enforcement of By-law 127-2007 (Lot Maintenance) (All Wards) The Committee reviewed Correspondence DS-09-305 dated June 24, 2009

from Jennie Hardsand of Hardsand Fence Centre stating many customer who have ponds on their property are being approached by by-law officers to either fence the yard by a certain date, drain the pond or face a fine and suggested the by-law is being loosely interrupted by by-law officers.

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Moved by Councillor Lutczyk, “That Correspondence DS-09-305 from Jennie Hardsand, Hardsand Fence

Centre expressing concern with enforcement of By-law 127-2007 be tabled.” CARRIED

This matter is discussed later in the meeting (see Page 27). DS-09-306 Cathy Clarke, Chair, Heritage Oshawa – Request for Heritage Designation

at 452 Simcoe Street North (Ward 5)

The Committee reviewed Correspondence DS-09-306 dated June 24, 2009 from Cathy Clarke, Chair of Heritage Oshawa on behalf of Adriana and John Lupton requesting their home at 452 Simcoe Street North be designated under the Heritage Act and requesting financial assistance for fifty percent (50%) of the cost of a cedar shingle roof up to a maximum of $10,000. Moved by Councillor Lutczyk, “That the Development Services Committee recommend to City Council: 1. That pursuant to Correspondence DS-09-306 dated June 24, 2009,

452 Simcoe Street North be recommended for designation under the Heritage Act; and,

2. That the request for financial assistance for fifty percent (50%) of the

cost of a cedar shingle roof up to a maximum of $10,000 be referred to the budget.” Part 1) CARRIED, Part 2) LOST BY LATER VOTE

The motion was divided upon request. Part 1) CARRIED and Part 2) LOST DS-09-307 Matthew Morra – Vendor’s Offer to Purchase Vacant Land on Bloor Street

East, Oshawa (Ward 1) The Committee reviewed Correspondence DS-09-307 dated June 24, 2009

from Matthew Morra, Merika Investments, submitting a vendor’s offer to purchase vacant land on Bloor Street East.

Moved by Mayor Gray, “That the Development Services Committee recommend to City Council: That Correspondence DS-09-307 dated June 24, 2009 from

Matthew Morra, Merika Investments, submitting a vendor’s offer to purchase vacant land on Bloor Street East be received for information.” CARRIED

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DS-09-308 Robert Snell – Submitting Comments Regarding Report DS-09-266, Revised Application to Amend Zoning By-law 60-94, 364 Simcoe Street North, Oshawa Hospital Foundation (Ward 5)

The Committee reviewed Correspondence dated June 25, 2009 from

Robert Snell submitting comments regarding the revised application to amend Zoning By-law 60-94 for 364 Simcoe Street North submitted by the Oshawa Hospital Foundation noting concern with increased traffic on Aberdeen Street.

Moved by Councillor Lutczyk, “That Correspondence dated June 25, 2009 from Robert Snell submitting

comments regarding the revised application to amend Zoning By-law 60-94 for 364 Simcoe Street North submitted by the Oshawa Hospital Foundation noting concern with increased traffic on Aberdeen Street be referred to Report DS-09-266.” CARRIED

This matter is discussed later in the meeting (see Page 16). DS-09-309 John Howe, Metrolinx – Peterborough Rail Study (All Wards)

The Committee reviewed Correspondence DS-09-309 dated June 8, 2009 from John Howe, Metrolinx providing an update on the terms of reference and timeline for the Peterborough Rail Study and requesting confirmation of a lead contact for the City.

Moved by Councillor Lutczyk, “That the Development Services Committee recommend to City Council:

That Correspondence DS-09-309 dated June 8, 2009 from John Howe, Metrolinx providing an update on the terms of reference and timeline for the Peterborough Rail Study and requesting confirmation of a lead contact for the City be referred to staff.” CARRIED

DS-09-310 Leanne Perrier, Independent Project Managers – Request for

Jason Boccinfusco and Denis O’Connell to Address the Development Services Committee Regarding DS-09-296, Giuseppe Romano (Ward 4)


from Leanne Perrier, Independent Project Managers requesting Jason Boccinfusco and Denis O’Connell be permitted to address Committee regarding a revised application to amend Zoning By-law 60-94 at 646, 650 and 660 Taunton Road West by Giuseppe Romano.

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Moved by Councillor Nicholson, “That the Development Services Committee recommend to City Council: That Correspondence DS-09-310 dated June 25, 2009 from

Leanne Perrier, Independent Project Managers requesting Jason Boccinfusco and Denis O’Connell be permitted to address Committee regarding a revised application to amend Zoning By-law 60-94 at 646, 650 and 660 Taunton Road West by Giuseppe Romano be received for information.” CARRIED

This matter is discussed later in the meeting (see Page 17). DS-09-297 Bryce Jordan, Sernas Associates – Request to Address the Development

Services Committee Regarding Report DS-09-277, Dusty Dawn Developments Inc. (Ward 7)

This matter was discussed earlier in the meeting (see Page 3).

Bryce Jordan, Sernas Associates addressed Committee regarding the revised applications to amend the Taunton Part II Plan and Zoning By-law 60-94 and for approval of a revision to Draft Plan of Subdivision at the Southwest Corner of Harmony Road North and Coldstream Drive submitted by Dusty Dawn Developments and stated his client is in support of the staff recommendations outlined in Report DS-09-277. The Committee questioned Bryce Jordan.

Councillor Pidwerbecki entered the meeting. DS-09-299 Pascal Ouellette – Request to Address the Development Services

Committee Regarding Report DS-09-277, Dusty Dawn Developments Inc. (Ward 7)


Pascal Ouellette addressed Committee on behalf of the Stonecrest residents stating the residents are in support of the staff recommendations outlined in DS-09-277 and stating they do not want vacant land withheld for future development. Pascal Ouellette also submitted approximately ninety-five (95) letters from Stonecrest residents in support of the revised applications submitted by Dusty Dawn Developments Inc. The Committee questioned Pascal Ouellette.

Moved by Councillor Nicholson, “That the order of the agenda be altered to consider Report DS-09-277.” CARRIED

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DS-09-277 Revised Applications to Amend the Taunton Part II Plan and Zoning By-law 60-94 and for Approval of a Revision to Draft Plan of Subdivision (S-0-2004-04), Southwest Corner of Harmony Road North and Coldstream Drive, Dusty Dawn Developments Inc. (Ward 7)

This matter was previously discussed at a Planning Act Public Meeting held

on May 25, 2009 (DS-09-192) when revised applications to amend the Taunton Part II Plan and Zoning By-law 60-94 and for approval of a revision to Draft Plan of Subdivision at the Southwest Corner of Harmony Road North and Coldstream Drive submitted by Dusty Dawn Developments was reviewed to staff for a report.

The Committee now reviewed Report DS-09-277 dated June 22, 2009 from

the Commissioner, Development Services Department providing a recommendation on revised applications submitted by Dusty Dawn Developments Inc.

The Committee questioned the Commissioner, Development Services

Department on various aspects of the report. Moved by Councillor Nicholson,

“That the Development Services Committee recommend to City Council:

1. That pursuant to Report DS-09-277 dated June 22, 2009, the revised application submitted by Dusty Dawn Developments Inc. to amend the Taunton Part II Plan by redesignating certain lands from Medium Density II Residential to Medium Density I Residential and by designating a collector road on lands related to draft plan of subdivision S-0-2004-04 be approved in accordance with the comments in the above-noted Report;

2. That pursuant to Report DS-09-277 dated June 22, 2009, the

application submitted by Dusty Dawn Developments Inc. to amend Zoning By-law No. 60-94 to implement revised draft plan of subdivision S-0-2004-04, last date of revision April 2009, be approved subject to the comments contained in the above-noted Report;

3. That the Council approved Land Use Plan for the Taunton-Harmony

Corridor be revised in the following areas as it relates to lands within draft plan of subdivision S-O-2004-04:

The area to the west and north of the houses fronting onto

Harmony Road North in the northwest quadrant of the Harmony Road/Taunton Road intersection be revised from Planned Strip Commercial to Medium Density I Residential

The north-south portion of the proposed collector road from Harmony Road North be extended further west

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The Medium Density II Residential area south of Street M (McCue Drive) be revised to Medium Density I Residential

4. That the application submitted by Dusty Dawn Developments Inc. for

approval of a revised draft plan of subdivision S-0-2004-04, last date of revision April 2009, be approved subject to the currently approved Council conditions (see Attachment 3), with the following revisions:

That condition (a)(i) be deleted That the following be added to Condition (a):

“(v) That a 7m x 7m daylighting sight triangle be provided at the

northwest corner of Rennie Street and McCue Drive and at the southeast corner of Rennie Street and Street “O”.”

That Condition (l) be deleted and replaced with the following:

“(l) That satisfactory arrangements be made for financing the

City’s share of servicing, if any, before the final plan is released for registration. This may include construction of the Street “O” extension to Harmony Road North.”

That Condition (y) be deleted and replaced with the following: “(y) That all streets and cul-de-sacs be designed to City

standards.” That Condition (ee) be deleted and replaced with the following: “(ee) That if this subdivision is to be developed by more than one

registration, the subdivider will be required to submit a plan showing the proposed phasing, all to the satisfaction of the City. Determination of temporary or secondary access by the City shall be reserved until that time.”

That the following sentence be added to Condition (nn): “The proposed development shall comply with the City’s Site

Alteration By-law 85-2006.” That Condition (qq) be deleted and replaced with the following:

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“(qq)That the subdivider shall apply the same decorative street lighting standard used on the adjacent lands (within the registered plans of 40M-2307 and 40M-2346) to the immediate west of this plan and shall pay for any additional costs associated with the street lighting upgrades beyond and above the usual financial responsibility that a subdivider has on the standard street lighting of the City.”

That Condition (ccc) be deleted and replaced with the following: “(ccc) That the subdivider retain a qualified professional to prepare a

groundwater investigation study/analysis to identify and assess any potential for formation of calcium carbonate buildup in the foundation drains and service connections within this draft plan, and provide appropriate remedial measures following the general directions provided in Golder Associates Limited Report entitled “Investigation of Calcium Carbonate Formation Within Foundation Drain Systems, Northwood Ridge Subdivision, City of Oshawa, dated March 2007”, if deemed necessary at no cost and to the satisfaction of the City. If it is determined to be necessary, the subdivider agrees to change the overall design of this development to minimize the extent of building footing drains below the seasonal high groundwater table.”

That Condition (ggg) be revised by adding the reference “and Lots

400 to 411 and Lots 479 to 486” after the number 26. That Condition (lll) be deleted and replaced with the following: “(lll) That the subdivider design to the satisfaction of the City and

pay for the intersection improvements for Street “M”, McCue Drive and Rennie Street, and Rennie Street at Street “O” such that it will draw the vehicular traffic to utilize the designated collector road and follow the preferred collector road route.”

That a new Condition (mmm) be added as follows: “(mmm) That the subdivider agrees to include and assume all

costs to design the extension of Street “O” to Harmony Road North as part of the approved engineering of the subdivision development.”

That a new Condition (nnn) be added as follows: “(nnn) That the subdivider agrees to construct the extension of

Street ”O” from the east limit of the draft plan to Harmony Road North on behalf of the City should the City be able to

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acquire the land requirements prior to preparation and registration of the subdivision agreement.”

That a new Condition (ooo) be added as follows: “(ooo) That the subdivider prepare a landscape plan and plant

trees in the front yards, as necessary, to the satisfaction of the City.”

5. That staff be authorized to begin negotiations to purchase 1446 and

1456 Harmony Road North to facilitate the future construction of a collector road link to Harmony Road North and report back to Council on the results of the negotiations.” CARRIED

DS-09-298 Bryce Jordan, Sernas Associates – Request to Address the Development

Services Committee Regarding Report DS-09-294, Application by Trent University (Ward 2)


Bryce Jordan was in attendance and advised he was available to answer any questions if necessary but did not make a formal deputation concerning the applications submitted by Trent University.

DS-09-301 Joseph Cimer, Sernas Associates – Request for Don O’Leary,

Vice-President of Administration to Address the Development Services Committee Regarding Report DS-09-294, Trent University (Ward 2)

This matter was discussed earlier in the meeting (see Page 4). Don O’Leary, Vice-President of Administration for Trent University

addressed the Committee in support of the recommendations outlined in Report DS-09-294 and requesting a seventy-five year lease as opposed to a fifty-year lease and a lease rental rate of $1.00 per annum if the option to the purchase the property is not available.

The Committee questioned Don O’Leary. DS-09-302 Ihor (George) Lysyk – Request to Address the Development Services

Committee Regarding 15 Acres of Property at the Northwest Corner of Ritson Road North and Winchester Road, Oshawa (Ward 7)


The Committee reviewed Correspondence DS-09-302 dated June 24, 2009 from Ihor Lysyk requesting to address Committee regarding fifteen (15) acres of property located at the Northwest Corner of Ritson Road North and Winchester Road in Oshawa.

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Ihor Lysyk addressed the Committee stating his property at the Northwest corner of Ritson Road North and Winchester Road is not included in any comprehensive planning area and stated under ROPA 128 the properties are recognized as employment lands to 2031. In addition, Ihor Lysyk stated the consultant retained to complete the Kedron Part II Study has a very aggressive timeframe and requested his property be included in the study as most of the work will be completed over the next several months. The Committee questioned the Commissioner, Development Services Department and Ihor Lysyk regarding various aspects of this request. Moved by Councillor Nicholson, “That the Development Services Committee recommend to City Council: Whereas a planning study is currently underway to develop a Part II Plan for the Kedron Planning Area and a Concept Plan for the North Kedron Industrial Area; and,

Whereas the firm planningAlliance has been retained by the City of Oshawa to undertake the preparation of a Part II Plan for the Kedron Planning Area and a Concept Plan for the North Kedron Industrial Area, in accordance with revised Terms of Reference affixed to Report DS-09-41 as Attachment 2 and endorsed by City Council on February 23, 2009, and,

Whereas on June 25, 2009, the Development Services Committee reviewed a request (DS-09-302) and heard a delegation from Ihor Lysyk to include lands under his ownership located at the northwest corner of Ritson Road North and Winchester Road East, together with the neighbouring property abutting to the west, within the study area boundary for the planning study being undertaken to develop a Part II Plan for the Kedron Planning Area and a Concept Plan for the North Kedron Industrial Area; and,

Whereas the lands located within the northwest quadrant of Ritson Road North and Winchester Road East are part of a broader contiguous area defined by the future Highway 407 extension to the north, the Oshawa Creek to the east, the Part II Plan for the Windfields Planning Area to the south, and the Bridle Road right-of-way to the west (hereinafter referred to as the ‘subject lands), comprising approximately 45 hectares of developable land located next to but outside of the Kedron Planning Area boundaries; and,

Whereas the subject lands partly comprise the industrial designated northeasterly portion of the Windfields Planning Area as shown on Schedule ‘E’ (Part II Planning Areas) of the Oshawa Official Plan, and thus in their entirety would form a logical, contiguous geographical extension of the east Windfields Industrial Area,

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Therefore be it resolved:

1. The Commissioner of Development Services be authorized to engage the planningAlliance in a study to prepare a concept plan for the East Windfields Industrial Area, and Terms of Reference for said study shall be based on the same relevant elements of the revised Terms of Reference for the Kedron Planning Study pertaining to the development of the North Kedron Industrial Area;

2. That the East Windfields Industrial Area Study be conducted as a

parallel process to the Kedron Planning Study; 3. That funding (with an upset limit of $40,000.00) for the East

Windfields Industrial Area Study be identified by the Commissioner of Development Services and the Commissioner of Corporate Services;

4. That Ihor Lysyk pay his proportionate share of the East Windfields

Industrial Area Study; and, 5. That staff attempt to secure funding on a proportionate basis from

other landowners within the East Windfields industrial study area as part of future land use approvals.” CARRIED

DS-09-303 Ihor (George) Lysyk – Request to Address the Development Services

Committee Regarding Report DS-09-285, Application for Removal of Part Lot Control, 303 Wolfe Street (Ward 1)


Ihor Lysyk addressed Committee stating the application concerning 303 Wolfe Street should be processed under the ‘old rules’ as it was submitted prior to the Delegation of Authority By-law being approved and spoke in opposition to the recommendations contained in Report DS-09-285 stating the application is good planning and meets the provincial policy statement. The Committee questioned the Commissioner, Development Services Department and Ihor Lysyk.

Moved by Councillor Nicholson, “That the order of the agenda be altered to deal with Report DS-09-285.” CARRIED DS-09-285 Application for the Removal of Part Lot Control, 303 Wolfe Street,

Ihor (George) Lysyk on Behalf of Allison Weir (Ward 1)

This matter was previously discussed at a Development Services Committee meeting held on May 25, 2009 (DS-09-244) when correspondence from Ihor Lysyk regarding an exemption to a Part Lot Control Application for 303 Wolfe Street was received for information.

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The Committee now reviewed Report DS-09-285 dated June 22, 2009 from the Commissioner, Development Services Department providing options on processing an application submitted by Ihor Lysyk on behalf of Allison Weir for the removal of part lot control at 303 Wolfe Street to create two lots. The Committee questioned the Commissioner, Development Services Department and Ihor Lysyk. Moved by Councillor Nicholson, “That the Part Lot Control Application be approved, in principle, and the matter be referred back to staff for the preparation of any appropriate conditions, including a condition that the final approval of any new lotting is subject to the approval of variances by the Committee of Adjustment.” CARRIED

DS-09-312 Ihor (George) Lysyk Requesting to Address the Development Services

Committee Regarding Report DS-09-300, Site Plan Application for Dieppe Court (Ward 2)

This matter was previously discussed at the Development Services Committee meeting held on May 25, 2009 (DS-09-217) when correspondence from Ihor Lysyk regarding a 50-unit apartment building at Dieppe Court was referred to staff for a report. Ihor Lysyk addressed Committee regarding his Site Plan Application for Dieppe Court and requesting clarification on whether or not the file is still active. The Commissioner, Development Services Department advised the drawings have been re-circulated and there are no additional requirements necessary so the application can move forward. This matter is discussed later in the meeting (see Page 24).

DS-09-313 Glenn Genge, D. G. Biddle & Associates Requesting to Address the

Development Services Committee Regarding Report DS-09-266, Application to Amend Zoning By-law 60-94, 364 Simcoe Street North, Oshawa Hospital Foundation (Ward 5)

Glenn Genge, Biddle & Associates addressed Committee stating his clients are in support of the staff recommendations as outlined in Report DS-09-266 and advised the only issue is regarding the requirement of a one (1) foot reserve on all sides of the property. The Committee questioned Glenn Genge.

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DS-09-266 Revised Applications to Amend Zoning By-law 60-94, 364 Simcoe Street North, Oshawa Hospital Foundation (Ward 5)

This matter was previously discussed at a Planning Act Public Meeting on May 25, 2009 (DS-09-183) when a report regarding an application to amend Zoning By-law 60-94 at 364 Simcoe Street North submitted by the Oshawa Hospital Foundation was referred to staff for a report. The Committee now reviewed Report DS-09-266 dated June 22, 2009 from the Commissioner, Development Services Department providing a recommendation on a revised application submitted by the Oshawa Hospital Foundation to amend Zoning By-law 60-94 to permit a cancer lodge as an additional use at 364 Simcoe Street North. The Committee requested staff answer the questions submitted by Joy Wawrzyniak as outlined in Correspondence DS-09-304 and the Commissioner, Development Services Department and the Director of Planning responded accordingly. The Committee questioned the Commissioner, Development Services Department and the Director, Planning Services on various aspects of the report. Moved by Mayor Gray, “That the Development Services Committee recommend to City Council: 1. That, pursuant to Report DS-09-266 dated June 22, 2009, the

revised application submitted by the Oshawa Hospital Foundation to amend Zoning By-law No. 60-94 to permit a cancer lodge as an additional permitted use at 364 Simcoe Street North (File Z-03/2009) be approved in accordance with the comments contained in the above-noted report;

2. That in accordance with Section 34(17) of the Planning Act and

notwithstanding that the rezoning proposed in the public meeting report and at the public meeting differs to some degree from that approved by City Council, such differences are not substantial enough to require further notice and another public meeting;

3. That Council provide direction on Heritage Oshawa’s request for

changes to the proposed building architecture and any changes to the building architecture proposed by the Oshawa Hospital Foundation that are to be implemented during the site plan approval process; and,

4. That the requirement for a one (1) foot reserve on the west and

south sides of the property be deleted from the requirements necessary to lift the ‘h’ holding symbol.” CARRIED BY LATER VOTES

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Part 4) of the motion was divided upon request to vote on the west and south sides of the property separately. The vote to remove the requirement of a one (1) foot reserve on the west side of the property CARRIED. The vote to remove the requirement of a one (1) foot reserve on the south side of the property CARRIED. The main motion CARRIED.

DS-09-310 Leanne Perrier, Independent Project Managers – Request for

Jason Boccinfusco and Denis O’Connell to Address the Development Services Committee Regarding DS-09-296, Giuseppe Romano (Ward 4)

This matter was discussed earlier in the meeting (see Page 7). Jason Boccinfusco and Denis O’Connell were in attendance and advised

they were available to answer any questions if necessary but did not make a formal deputation concerning the applications submitted by Giuseppe Romano to amend Zoning By-law 60-94.

Moved by Councillor Nicholson, “That the order of the agenda be altered to consider Report DS-09-296.” CARRIED DS-09-296 Revised Application to Amend Zoning By-law 60-94, 646, 650 and 660

Taunton Road West, Giuseppe Romano (Ward 4) This matter was previously discussed at a Planning Act Public Meeting held

on May 25, 2009 (DS-09-194) when an application to amend Zoning By-law 60-94 at 646, 650 and 660 Taunton Road West submitted by Giuseppe Romano was referred to staff for a report.

The Committee now reviewed Report DS-09-296 dated June 22, 2009 from

the Commissioner, Development Services Department providing a recommendation on a revised application submitted by Giuseppe Romano to amend Zoning By-law 60-94 to permit fast food and take-out restaurants as an additional uses and to permit vehicle drive through facilities for all types of restaurants at 646, 650 and 660 Taunton Road West.

Moved by Councillor Nicholson, “That the Development Services Committee recommend to City Council:

1. That, pursuant to Report DS-09-296 dated June 22, 2009, the revised application submitted by Giuseppe Romano to amend Zoning By-law 60-94 to permit fast food and take-out restaurants as additional uses and to permit vehicle drive through facilities for all types of restaurants at 646, 650 and 660 Taunton Road West

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(File No. Z-04/2009) be approved in accordance with the comments contained in the above-noted Report; and,


notwithstanding that the rezoning proposed in the public meeting report and at the public meeting differs to some degree from that approved by City Council, such differences are not substantial enough to require further notice and another public meeting.” CARRIED

Moved by Councillor Lutczyk, “That the order of the agenda be altered to consider Report DS-09-294.” CARRIED DS-09-294 1. Application to Amend the Oshawa Official Plan, 99 Thornton Road

South (northerly part of the Oshawa Civic Auditorium Complex site) & 50 Vancouver Court (former St. Michael Catholic School), Trent University

2. Real Estate Disposition of Northerly Part of the Civic Complex – Proposed Lease to Trent University

3. Redevelopment Concept Site Plan for the Civic Complex Site (Ward 2)

This matter was previously discussed at a Planning Act Public Meeting held on June 23, 2009 (DS-09-254) when an application submitted by Trent University to amend the Oshawa Official Plan to permit a university as an additional permitted use on the northerly portion of the Oshawa Civic Auditorium Complex site and on part of the former St. Michael Catholic School site was referred to staff for a report. The Committee now reviewed Report DS-09-294 dated June 22, 2009 from the Commissioner, Development Services Department providing a recommendation on an application submitted by Trent University to amend the Oshawa Official Plan to allow a university as a additional permitted use, the disposition of city-owned lands comprising the northerly portion of the Civic Complex site and providing a recommendation regarding a revised Civic Complex Concept Plan for the future redevelopment of the balance of the site. Moved by Councillor Lutczyk, “That the Development Services Committee recommend to City Council: 1. That pursuant to Report DS-09-294 dated June 22, 2009, the

application submitted by Trent University to amend the Oshawa Official Plan to permit a university use as an additional permitted use on lands located on the east side of Thornton Road South, comprising the northerly portion of the Civic Complex site (99 Thornton Road South) and on part of the former St. Michael Catholic School site (50 Vancouver Court, excluding that portion of the site located immediately between 34 and 42 Vancouver Court

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containing a driveway access), be approved in accordance with the comments contained in the above-noted Report;

2. That the northern portion of the Civic Complex site at 99 Thornton

Road South be declared surplus to the needs of the City for the purpose of executing a lease with Trent University as set out in Report DS-09-294 dated June 22, 2009;

3. That pursuant to Report DS-09-294 dated June 22, 2009, the City

grant Trent University a 75-year option to lease and lease for university purposes on lands forming the northern portion of the Civic Complex site at 99 Thornton Road South on the terms generally set out in said Report;

4. That the rental rate for the seventy-five year lease with

Trent University be set at $1.00 per annum, subject to the terms and conditions generally set out in said Report;

5. That the Mayor and Clerk be authorized, as necessary, to execute

the option lease and lease including providing permission to use the northern Thornton Road South driveway.

6. That in the event the Trent proposal is approved and based on the

recommendation of the Commissioner of Community Services, City Council endorse the revised Civic Complex Site Plan forming Exhibit. 4 to Report DS-09-294 dated June 22, 2009 as the basis for the redevelopment of the Civic Complex; and,

7. That Municipal Law Enforcement and Licensing Services prepare a

report for the fall of 2009 on the appropriateness of extending the provisions of the City’s Residential Rental Licensing By-law 120-2005 to regulate residential rental units within dwellings in the neighbourhoods surrounding the proposed Trent University facility.” CARRIED

Councillor Neal and Mayor Gray left the meeting. DS-09-270 Application for Removal of ‘h-24’ Holding Symbol – 855-903 Taunton Road

East, Oshawa-Taunton Developments Inc. (Ward 6) Moved by Councillor Nicholson, “That the Development Services Committee recommend to City Council: Whereas on April 27, 2009 Council passed By-law 29-2009 which

delegated the approval of applications to remove “h” holding symbols to the Development Services Committee subject to the conditions for lifting the holding symbol being satisfied to the satisfaction of the Commissioner of Development Services and the necessary by-law being presented to Council for approval; and,

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Whereas 855-903 Taunton Road East are zoned PSC-A (14) “h-24” (Planned Strip Commercial) in Zoning By-law 60-94 which permits certain commercial uses; and;

Whereas the “h-24” holding symbol is in place to ensure the following

conditions have been met in relation to the subject development: (a) An appropriate site plan agreement is executed with the City

covering the lands zoned PSC-A (14); (b) Stormwater management and site servicing/drainage studies are

completed to the satisfaction of the City and CLOCA and any recommendations are implemented through a site plan agreement;

(c) A geotechnical report is completed to the satisfaction of the City and any recommendations are implemented through a site plan agreement;

(d) Sanitary servicing is installed to the satisfaction of the Region; (e) A noise study is completed to the satisfaction of the City and any

recommendations are implemented through a site plan agreement; (f) An environmental site assessment is completed to the satisfaction of

the City and any recommendations are implemented through a site plan agreement; and

(g) An archaeological assessment is completed to the satisfaction of the

Ministry of Culture. Whereas the owner has submitted an application to remove the “h-24”

holding symbol to advance building permits for a commercial development; and,

Whereas it is expected that a site plan agreement will be executed by the

owner during Council’s summer recess; and, Whereas due to Council’s summer recess the June 29, 2009 Council

meeting is the last opportunity to remove the “h” holding symbol in order to advance the issuance of conditional building permits during the summer recess; and,

Therefore, the application submitted by Oshawa-Taunton Developments

Inc. to remove the “h-24” holding symbol for the lands at 855-903 Taunton Road East be approved and that the necessary by-law be passed at the June 29, 2009 Council meeting and that no building permit be issued until the Commissioner of Development Services is satisfied that the development can proceed and that the owner is in good standing with the requirements of the City’s Site Alteration By-law and the conditions of the site alteration permit.” CARRIED

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DS-09-272 Direction on City Staff Involvement Respecting an Appeal to the Ontario Municipal Board Committee of Adjustment Application A017/2009, 855-903 Taunton Road East, Oshawa-Taunton Developments Inc. (File No. A017/2009) (Ward 6)

Moved by Councillor Lutczyk, “That the Development Services Committee recommend to City Council: Whereas on April 1, 2009 a Committee of Adjustment (C. of A.) application

was submitted by Oshawa-Taunton Developments Inc. (e.g. Smart Centres) to permit the construction of a retail store at 855-903 Taunton Road East with increased gross floor area in a PSC-A(14) (Planned Strip Commercial) Zone; and,

Whereas on May 13, 2009 the C. of. A. approved the application, subject to

a condition, after considering comments from the applicant and two neighbours that live at 896 Hinterland Drive; and,

Whereas the condition imposed by the C. of A. requires the applicant to

plant mature coniferous trees at a minimum height of 6.0m (20 ft.) at the finished grade on the applicant’s site to aid in the screening of lighting from any source on the subject site along the rear of 896 Hinterland Drive; and,

Whereas on June 2, 2009 the applicant submitted an appeal to the Ontario

Municipal Board (OMB) regarding the condition imposed by the C. of A.; and,

Whereas the applicant has submitted a revised landscape proposal

involving, in part, the installation of more coniferous trees to the rear of the subject site at a minimum height of 3 metres (10 ft.) which is acceptable to the owners of 896 Hinterland Drive; and,

Whereas in cases such as this the City should not take a position on the

appeal so that Council is not seen as supporting one side over another or expending time, effort and money to prepare and attend an OMB hearing at the expense of the general tax payer;

Therefore, it is recommended that the Ontario Municipal Board be advised

that City Council takes no position regarding the Ontario Municipal Board appeal on Committee of Adjustment application A017/2009 to permit a retail store with increased gross floor area in a PSC-A (14) (Planned Strip Commercial) Zone at 855-903 Taunton Road East and the City not seek party or participant status on the appeal.” CARRIED

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DS-09-287 Implementation of Final Growing Durham Study, Regional Council Adopted Amendment 128 to the Durham Regional Official Plan (All Wards)

The Committee reviewed Report DS-09-287 dated June 22, 2009 from the

Commissioner, Development Services Department identifying changes made by the Region that effect Oshawa prior to the adoption of ROPA 128 and recommending the Ministry of Municipal Affairs and Housing be requested to modify ROPA 128 to address the City’s outstanding comments that were not addressed by the Region.

Moved by Councillor Nicholson, “That the Development Services Committee recommend to City Council:

1. That the comments contained in Report DS-09-287 dated June 22, 2009, including Attachment 1, be endorsed as the City’s comments on Amendment 128 to the Durham Regional Official Plan to implement the Growing Durham Study;

2. That Report DS-09-287 dated June 22, 2009, including

Attachment 1, be forwarded to the Ministry of Municipal Affairs and Housing and that the Ministry be requested to modify Amendment 128 to the Durham Regional Official Plan to address the outstanding City comments;

3. That Ministry of Municipal Affairs and Housing staff be requested to

meet with appropriate City and Regional staff to discuss the City’s comments;

4. That the Ministry of Municipal Affairs and Housing be requested to

provide the City with written notice of its decision on Amendment 128 to the Durham Regional Official Plan; and,

5. That a copy of Report DS-09-287 dated June 22, 2009 and related

Council resolution be forwarded to the Region of Durham.” CARRIED

DS-09-282 Revised Applications to Amend the Oshawa Official Plan and Zoning

By-law 60-94, 1200 Leland Road, Kingsway College (Ward 3) This matter was previously discussed at a Planning Act Public Meeting held

on March 17, 2008 (DS-08-90) when an application to amend the Oshawa Official Plan and Zoning By-law 60-94 and to implement a proposed draft plan of subdivision for certain lands generally located west of Townline Road North, north of Harmony Creek was referred to staff for a report.

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The Committee now reviewed Report DS-09-282 dated June 22, 2009 from the Commissioner, Development Services Department providing a recommendation on revised applications submitted by Kingsway College to amend the Oshawa Official Plan and Zoning By-law 60-94 to permit the development of a self-serve storage facility and an accessory dwelling unit for a caretaker/security for certain lands at the southeast corner of Shankel Road and Clarence Biesenthal Drive on the Kingsway College Campus. The Committee questioned the Commissioner, Development Services Department regarding problems with erosion and creek bank stabilization and questioned when the work will commence. Moved by Councillor Pidwerbecki, “That the Development Services Committee recommend to City Council: 1. That pursuant to Report DS-09-282 dated June 22, 2009, the

application submitted by Kingsway College to amend the Oshawa Official Plan (File No.: B-3100-0097) to permit the development of a self-serve storage facility and a dwelling unit for a caretaker/security of the self-serve storage facility on certain lands at the southeast corner of Shankel Road and Clarence Biesenthal Drive on the Kingsway College campus, be approved in accordance with the comments contained in the above-noted report;

2. That pursuant to Report DS-09-282 dated June 22, 2009, the

application submitted by Kingsway College to amend Zoning By-law 60-94 (File No.: Z-21/2008) to permit the development of a self-serve storage facility and a dwelling unit for a caretaker/security of the self-serve storage facility at the southeast corner of Shankel Road and Clarence Biesenthal Drive on the Kingsway College campus, be approved in accordance with the comments contained in the above-noted report;


notwithstanding that the rezoning proposed in the public meeting report and at the public meeting differs to some degree from that approved by City Council such differences are not substantial enough to require further notice and another public meeting;

4. That pursuant to Report DS-09-282 dated June 22, 2009, the Mayor

and Clerk as necessary be authorized to execute an agreement between the Corporation of the City of Oshawa and the owner (Kingsway College) to advance the bank erosion control work project in a form acceptable to the City Solicitor, for the purpose of undertaking works on private property; and,

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5. That, subject to the successful negotiation of the agreement referenced in Part 4, above, the City proceed with work on the erosion and creek bank stabilization deficiency using the City’s best efforts to complete the work no later than September 30, 2010.” CARRIED

DS-09-300 Site Plan Application (SPA-25/1992) – Dieppe Court – Ihor (George) Lysyk (Ward 2)

Moved by Councillor Nicholson, “That the Development Services Committee recommend to City Council: Whereas in 1992 Ihor Lysyk submitted a site plan application for a proposed 50-unit apartment building on Dieppe Court; and, Whereas in 1994 site plan approval was close to being granted for the proposed apartment building however the applicant did not further advance the project for a variety of reasons; and, Whereas the applicant wishes to reactivate the subject application; and, Whereas on May 25, 2009 Ihor Lysyk attended the Development Services Committee meeting requesting that the City recognize the status of the site plan approval application in 1994 based on the policies at that time; and, Whereas on May 25, 2009 the Development Services Committee referred this matter to staff for a report; and, Whereas the 1994 plans were re-circulated to obtain current comments from all other departments and agencies; and, Whereas Ihor Lysyk and City staff has resolved issues associated with the use of the 1994 plans and can now advance the site plan approval process; Therefore, the item concerning Ihor Lysyk’s site plan application (SPA25/1992) be removed from the Development Services Committee’s Outstanding Items List and Ihor Lysyk be sent a copy of this resolution and an explanatory letter.

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DS-09-295 Notice of Draft Environmental Assessment Report (Pre-Submission Review), 407 East Individual Environmental Assessment (IEA) and Preliminary Design Study (All Wards) Moved by Councillor Nicholson, “That the Development Services Committee recommend to City Council: Whereas the Province of Ontario is undertaking an Individual Environment Assessment (IEA) Study to address the long-term transportation needs in the Region of Durham and surrounding areas; and, Whereas the Study has recommended an extension of the 407 transportation corridor consisting of a multi-lane divided highway and transit way and two north-south freeway links; and, Whereas a completed Draft Environmental Assessment (EA) Report documenting the 407 East IEA and Preliminary Design Study was recently made available to staff by the Province and AECOM on June 15, 2009 for City review and comment by July 20, 2009; and, Whereas the Draft EA material provided on June 15, 2009 is a multi-volume document and time is not sufficient for staff to review the material and prepare a report for Council with proposed City comments in advance of Council’s Summer recess ; and, Whereas Council will still have the opportunity to review and comment during the formal EA process for the 407; That the Commissioner of Development Services be authorized to review the Draft EA for the proposed Highway 407 Extension and provide pre-submission comments to the Province as time permits given the amount of material for review and the short comment period; and That the Commissioner of Development Services be authorized to send a letter to the 407 Project Team confirming the City’s position that a full interchange be constructed at Thornton Road, Simcoe Street and Harmony Road in conjunction with the initial opening of Highway 407.” CARRIED

DS-09-276 Proposed City of Oshawa Accessibility Policy

Proposed Use of Service Animals & Support Persons Policy and Procedure Proposed Notification of the Disruption of Service & Facility Access Policy and Procedure Proposed Feedback Process Policy and Procedure (All Wards) The Committee reviewed Report DS-09-276 dated June 22, 2009 from the Commissioner, Development Services Department presenting proposed municipal accessibility policies which are required by Provincial legislation.

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The Committee questioned the Commissioner, Development Services Department and the Accessibility Co-ordinator on various aspects of the report. The Committee also questioned Cyndi Sproul who responded to questions about the use of service animals. Moved by Councillor Nicholson, “That the Development Services Committee recommend to City Council: 1. That the ‘City of Oshawa Accessibility Policy’, ‘Use of Service

Animals & Support Persons Policy and Procedure’, ‘Notification of the Disruption of Service & Facility Access Policy and Procedure’ and the ‘Feedback Process Policy and Procedure’ forming Attachments 1, 2, 3 and 4 to Report DS-09-276 dated June 22, 2009 be approved;

2. That staff be directed to amend the title section of ‘Policy

Requirements’ as per Attachment 1 to Report DS-09-276 to read ‘Respect for Service Animals’ and Paragraph 2) of Section 1.1 to read ‘reasonable behaviour is expected from those interacting with service animals. The owners of disruptive and aggressive service animals, and those who interact with service animals in a negative way, may be asked to leave the premises’; and,

3. That the Commissioner of Development Services be permitted to

make administrative modifications to the policies in conjunction with the concurrence of the Oshawa Accessibility Advisory Committee.” CARRIED

DS-09-281 2009 Accessibility Plan (All Wards)

The Committee reviewed Report DS-09-281 dated June 22, 2009 from the Commissioner, Development Services Department presenting the proposed 2009 Accessibility Plan. Moved by Councillor Nicholson, “That the Development Services Committee recommend to City Council: 1. That the 2009 Accessibility Plan forming Attachment 1 to Report

DS-09-281 dated June 22, 2009 be approved; 2. That a copy of the 2009 Accessibility Plan be forwarded to the

Accessibility Directorate, Ministry of Community and Social Services; and,

3. That the Oshawa Accessibility Advisory Committee be thanked for

its efforts in respect to the 2009 Accessibility Plan.” CARRIED

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DS-09-305 Jennie Hardsand, Hardsand Fence Centre – Expressing Concern with Enforcement of By-law 127-2007 (Lot Maintenance) (All Wards)

This matter was discussed earlier in the meeting (see Page 5). Moved by Councillor Henry, “That Correspondence DS-09-305 be lifted from the table.” CARRIED The Commissioner, Development Services Department advised he has no authority or responsibility to enforce the by-law. Moved by Councillor Henry, “That Correspondence DS-09-305 dated June 24, 2009 from Jennie Hardsand, Hardsand Fence Centre expressing concern regarding the enforcement of By-law 127-2007 (lot maintenance) be referred to a special meeting of the Finance and Administration Committee scheduled for Monday, June 29, 2009.” CARRIED

Moved by Councillor Lutczyk, “That the meeting adjourn.” CARRIED The meeting adjourned at 3:45 p.m.

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