h-0ShaWa. Reportapp.oshawa.ca/agendas/Development_Services/2012/07...but also woodland compensation...

~ h-0ShaWa. Report

To: Development Services Committee Item: Date of Report:

DS-12-248 July 4,2012

From: Commissioner, Development Files: Date of Meeting:

Services Department S-0-2006-02, July 9,2012 B-31 00-0085, Z-2006-04

Subject: Revised Applications to Amend the Oshawa Official Plan, Windfields Part II Plan and Zoning By-law No. 6094 and for approval of a Draft Plan of Subdivision (S-O2006-02) East side of Simcoe Street North and north of Britannia Avenue PUBLIC Minto Metropia Windfields LP (Minto) REPORT

1.0 PURPOSE

The purpose of this report is to provide a recommendation on revised applications submitted by Minto Metropia Windfields LP (Minto) to amend the Oshawa Official Plan, the Windfields Part " Plan and Zoning By-law No. 60-94 and for approval a draft plan of subdivision (S-0-2006-02) to permit a minimum of 1035 new dwellings up to a maximum of 1098 new dwellings (singles, street townhouses, back to back townhouses, apartments, homes for the aged, retirement homes), a public elementary school, a public secondary school, a park, open space areas, storm water management facilities and Planned Commercial Centre uses on lands to be added to the RioCan Property Services Trust (RioCan) site.

The Recommendation in this Report also provides a winning solution to protect the stone house on a future lot in the draft plan.

Attachment No. 1 is a map showing the location of the subject site and the existing zoning for the area.

Attachment No.2 is a copy of the existing Windfields Part" Plan.

Attachment No. 3 is a copy of the proposed Windfields Part" Plan showing the requested amendments to the Plan.

Attachment No. 4 is a copy of the proposed Windfields Part " Plan showing the amendment requested through the subject applications along with the amendments requested by Metrus and RioCan.

Attachment No. 5 is a copy of the proposed revised draft plan that was considered at the June 20, 2011 public meeting.

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Report to the Development Item: 05-12-248 Services Committee (Continued) - 2 - Meeting Date: July 9, 2012

Attachment No.6 is a copy of the proposed revised draft plan that was considered at the March 26, 2012 public meeting.

Attachment No. 7 is a copy of a further revised draft plan submitted after the March 26, 2012 public meeting to address changes requested by staff and commenting agencies and departments and for which approval is now being requested.

Attachment No.8 is a copy of the special zoning regulations requested by the applicant.

Attachment No.9 is a copy of the conditions of draft approval for draft plan of subdivision S-0-2006-02.

On March 26, 2012 a public meeting was held in respect to the subject applications. At the conclusion of the March 26, 2012 public meeting, the Development Services Department adopted a recommendation to refer the applications back to staff for further review and the preparation of a subsequent report and recommendation. The minutes of the March 26,2012 public meeting form Attachment No. 10 to this report.

The applications are proceeding under the Integrated Approach with the Planning Act and Environmental Assessment Act through the Class EA process.

The public meeting also provided an opportunity for interested parties to provide comments on the environmental assessment for: (i) the construction of a new Arterial Road to an urban cross-section on private lands within the subject plan of subdivision; (ii) for the construction of a new Arterial Road on unopened road allowa,nce to an urban cross-section; (iii) for the reconstruction of a portion of Bridle Road (an Arterial Road) to an urban cross-section, all north of Britannia Avenue; and (iv) for the construction ofa new Collector road north of Britannia Avenue within the subject plan. The Integrated Approach essentially satisfies the requirements of both Acts through completion of the procedural and documentation requirements of each, offering increased flexibility and greatly streamlining the approval process.

Since the March 26, 2012 public meeting the applicant has revised the development proposal. The key differences between the proposal considered at that time (Attachment No.6) and the revised proposal (Attachment No.7) are as follows:

(a) The draft plan nt) longer includes a Separate Elementary School block west of Street B, as per comments from the Durham Catholic District School Board, and a new local road system and lotting pattern are now proposed in this area. The density will be a mix of Medium Density 1 Residential and Medium Density II Residential;

(b) A north-south collector road between Simcoe Street North and Bridle Road that was proposed to be deleted has now been re-instated in accordance with the Windfields Part II Plan at the request of the Region of Durham;

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(c) The total unit count has been increased from 881 units to a minimum of 1035 residential units up to a maximum of 1098 residential units. The table below indicates the changes by unit type as follows:

Unit Type Draft Plan from March 26, 2012 Revised Draft Plan (Attachment Public Meeting (Attachment No.7)

No.6) Low Density Units 393 Min. of 449, up to max. of 485 Medium Density I 153 Min. of 156, up to max. of 183 Residential Units Medium Density II 225 278 Residential Units High Density I 110 152 Residential Units TOTAL 881 Min. of 1035, up to max. of 1098

(d) The sizes of areas proposed to be designated Low Density Residential and Medium Density II Residential are being increased;

(e) The size of the area proposed to be designated Medium Density I Residential is being decreased;

(f) An additional roundabout is proposed. for the intersection of Street 'B' (collector) Street 'C' (local road) and Street 'H' (local road);

(g) All lots fronting onto arterial roads (Britannia Avenue and Bridle Road) now have a minimum lot frontage of 12 metres;

(h) The lotting pattern under the Public Secondary School site has been deleted;

(i) The size of the lands designated for Open Space in the valley area of the Tributary E1 of the Oshawa Creek has increased, to include not only wetland compensation areas, but also woodland compensation areas; and

U) The Recreational Trail system has been revised to be more consistent the recreational trail system in the approved Windfields Part II Plan.

2.0 RECOMMENDATION

That the Development Services Committee recommend to City Council:

1. That, pursuant to Report DS-12-248 dated July 4, 2012, the revised application submitted by Minto Metropia Windfields LP (File No. B3100-0085) to amend the Oshawa Official Plan be approved and the necessary by-law be passed generally in accordance with the comments in the above-noted Report.

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2. That, pursuant to Report OS-12-248 dated July 4, 2012, the revised application submitted by Minto Metropia Windfields LP (File No. B-3100-0085) to amend the Windfields Part " Plan be approved and the necessary by-law be passed generally in accordance with the comments in the above-noted Report.

3. That, pursuant to Report OS-12-248 dated July 4, 2012, the revised application submitted by Minto Metropia Windfields LP to implement a revised draft plan of subdivision (File No. S-0-2006-02), which proposes a minimum of 1035 new dwellings up to a maximum of 1098 new dwellings (single detached dwellings, street townhouses, back to back townhouses, apartments, homes for the aged, retirement homes), a public elementary school, a public secondary school, a park, open space areas, storm water management facilities and Planned Commerciai' Centre uses on lands to be added to the RioCan site be approved subject to the conditions set out as Attachment No.9 to said Report.

4. That, pursuant to Report OS-12-248 dated July 4, 2012, the revised application submitted by Minto Metropia Windfields LP (File No. Z-2006-04) to amend Zoning Bylaw No. 60-94 to appropriate zones to implement a revised draft plan of subdivision

. and the proposed revised amendments to the Windfields Part" Plan be approved and the necessary by-law be passed generally in accordance with the comments in the above-noted Report.

5. 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.

6. That once the stone house at 2425 Simcoe Street North is moved in accordance with the comments in Report OS-12-248 then City staff are authorized to initiate the process to designate the house under the Ontario Heritage ACt.

3.0 EXECUTIVE SUMMARY

In response to the revised applications submitted by Minto for lands located east of Simcoe Street North and north of Britannia Avenue, this Oepartment recommends the approval of applications to amend the Oshawa Official Plan, the Windfields Part" Plan and Zoning By-law No. 60-94 and to implement a draft plan of subdivision S-0-2006-02.

It is recommended that the revised draft plan of subdivision be approved subject to the conditions set out in Attachment No.9.

The application provides new residential development along with a new neighbourhood park, public elementary school, public secondary school, park block and valley lands. It is recommended that the park block and valley lands be conveyed to the City.

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The proposed development can be designed to be compatible with existing and planned surrounding development.

Given the connection between the subject applications and the Riocan and Metrus applications, it is proposed that:

• Only one Official Plan Amendment by-law will be passed for all three sites to give effect to all the proposed amendments to the lands generally east of Simcoe Street North, north of Britannia Avenue and south of Winchester Road East; and

• Only one rezoning by-law will be passed to include both the Metrus and Minto residential draft plans of subdivision and the RioCan Public Secondary School block.

4.0 INPUT FROM OTHER SOURCES

4.1 Other Agencies and Departments

~ No department or agency that provided comments has any objection to the subject applications. Certain technical issues and requirements related to the proposed development have been identified and can be resolved during the site plan approval or building permit processes, if the applications are approved.

4.2 Public Comments

~ At the March 26, 2012 public meeting certain concerns were raised regarding the revised draft plan. In addition, the Chair of Heritage Oshawa has spoken to the Development Services Committee. The key concerns are set out below together with a staff response:

Concerns regarding the demolition of the stone house

.• A number of residents in the community want the stone house (commonly referred to as the Foreman's House) at 2425 Si~coe Street North to be protected.

Staff Response:

• The applicant has received a demolition permit for the stone house. The permit was signed off on by Heritage Oshawa.

• At this time, the house remains intact and in situ in the middle of the subdivision.

• The applicant has placed ads in two local newspapers offering the stone house for sale to the public for thirty (30) days and conducted a house tour for all interested purchasers. Although no offers were received, the applicant continues to meet with any interested buyers. .

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~ On April 26, 2012, the Heritage Oshawa passed the following resolution regarding the house located on the Minto property:

"That Heritage Oshawa recommend to the Development Services Committee:

Whereas Heritage Oshawa has been encouraged by an upsurge of community support; and

Whereas there is a community interest to continue to preserve heritage features and to retain the visual features of the former Windfields Farm property; and

Whereas a group of citizens has come to Heritage Oshawa to request the stone house at 2425 Simcoe Street North be preserved from demolition;

Therefore, notwithstanding the demolition permit application signed by Heritage Oshawa for 2425 Simcoe Street North be it resolved that a discussion between Members of Council, Heritage Oshawa, the development and concerned citizens to consider the alternatives to the demolition of the stone house at 2425 Simcoe Street North be supported."

• City staff have worked to find a winning solution for the stone house. It is recommended that the subdivider:

Move the stone house at its cost to a future lot abutting Simcoe Street North to the satisfaction of the City. This will provide the house with better visibility along Simcoe Street North rather than leaving it in situ in the middle of the subdivision. The entire house may not be moved (e.g. addition at the rear of the house and portico on the north side of the house). The future lot mentioned above may be created through a future revision to the draft plan. Place the house on a new foundation at its cost. Provide municipal services to the house at its cost. Not oppose the designation of the house under the Ontario Heritage Act after it is moved.

- Advise any purchaser of the City's intent to designate the house. -. Withdraw its demolition permit once the draft approval of the subdivision is in

effect. Properly maintain the house while it remains in Minto's ownership.

• The applicant owes the City $311,000 in cash-in-lieu of parkland in accordance with the provisions of the Planning Act. The City has the discretion under the Planning Act to waive this fee in whole or in part. In this case it is recommended that:

- That City waive a portion of the cash-in-lieu of parkland, up to a maximum of $200,000 to compensate the applicant for the cost of moving the house to the serviced lot that it is to be relocated upon.

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- The total amount of the cash-in-lieu of parkland ultimately waived by the City will equal the sum of:

(i) Actual costs for moving the house supported by receipts that are to the satisfaction of the City's Auqitor General; and

(ii) Reasonable costs for the serviced lot that are supported by calculations which are summarized by Minto in a letter that is to the satisfaction of the City's Auditor General.

In the event that the house is sold, the final sale price for the stone house must reflect a reduction equivalent to the total amount of the cash-in-lieu of parkland ultimately waived by the City, and this final sale price must be satisfactory to the City's Auditor General.

How will the proposed development impact the City's agricultural inventory? Staff Response:

• These lands have been located within the Urban Area Boundary since March 2002 and as such are not part of the agricultural inventory for the City. These lands are contained within the Windfields Part II Plan, approved in 2003, and are designated for urban development.

4.2 Auditor General

~ The Auditor General's comments from Attachment No. 11 to this report.

5.0 ANALYSIS

5.1 Background

~ The subject site is located east of Simcoe Street North and north of Britannia Avenue and is part of the former Windfields Farm (see Attachment No.1).

~ In 2006 this site was subject to previous applications by Windfields Farm to amend the Oshawa Official Plan, Windfields Part II Plan and Zoning By-law No. 60-94 and for approval of a proposed draft plan of subdivision.

~ Minto purchased the lands from Windfields Farm in 2010 and subsequently submitted the revised applications.

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);> The following is background information concerning the revised applications (Attachment No.7):

Existing Requested/Proposed Oshawa Residential, Planned Commercial There will be no change in the land Official Plan Centre, future north/south use designations. The proposed Designation Collector Roads, and a future changes, relate to re-aligning

north/south Arterial Road. Part of and/or deleting various future the site is within the Main Central Arterial and Collector roads. Area. ;

Windfields Low Density Residential, Medium Re~align and/or delete various Part II Plan Density I and II Residential, High future Arterial and Collector roads, Designation Density I Residential, delete the Separate Elementary

Neighbourhood Park, Open Space School from its current location, and Recreation, Public Secondary relocate and amend the amount of School, Public Elementary School, the various land use designations Separate Elementary School, and realign the Main Central Area Planned Commercial Centre - Boundary. Main. Part of the site is within the Main Central Area Boundary.

Zoning By- AG-A (Agricultural) Appropriate to implement the law No. 60- proposed land uses and to 94 implement special zoning

regulations Use Agricultural Single detached dwellings, street

townhouses, back to back townhouses, apartments, homes for the aged, nursing homes, retirement homes, a public elementary school, a public secondary school, a park, open space related to the tributary of the Oshawa Creek, stormwater management facilities, Planned Commercial Centre uses to be added to the RioCan site, future development blocks, local roads and recreational trail.

);> Adjacent Land Uses:

North Agricultural land, however an Official Plan amendment, Zoning By-law amendment and a draft plan of subdivision have been submitted by RioCan for predominantly commercial development of these lands

South Existing residential development south of Britannia Avenue and future fire hall site at northeast corner of Simcoe Street North and Britannia Avenue

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East Agricultural land across Simcoe Street North, however an Official Plan amendment, Zoning By-law amendment and a revised draft plan of subdivision have been submitted by Charing Cross Investments Inc. (Metrus) for these lands

West Agricultural land across Simcoe Street North, however an Official Plan amendment, Zoning by-law amendment and a draft plan of -subdivision and a mixed use urban village, have been submitted by Dantonbury (Tribute) for these lands.

~ Proposed Development (Attachment No.7):

Gross Area of Draft Plan 62.9 ha (155.4 ac) Net Residential Area of Low Density Residential 16.2 ha (40.03 ac) Number of Proposed Units in Low Density Areas • 11 m (36 ft.) frontage -99 lots • 13.1 m (43 ft.) frontage - 228 lots, 449, min - 485 • Townhouses 6.2 m frontage - 66 units max • Mixed blocks of 11 m and 6.2 m (20 ft.) frontage - minimum 56 units to maximum 92 units Maximum Net Residential Density of Low Density Residential 28-30 u/ha Net Residential Area of Medium Density I Residential 4.27 ha (10.55 ac) Number of Medium Density I Residential Units 156 min - 183 max Maximum Net Residential Density of Medium Density I Residential

37-43 u/ha

Net Residential Area of Medium Density II Residential 4.06 ha (10.03 ac) Number of Medium Density II Residential Units 278 units Maximum Net Residential Density of Medium Density II Residential

68 u/ha

Net Residential Area of High Density I Residential (Block 441) 1.76 ha (4.35 ac) Number of High Density I Residential Units 152 units Maximum Net Residential Density of High Density I Residential 86 u/ha (34.5 u/ac) Area of Public Secondary School (Block 408) 5.2 ha (12.84 ac) Area of Public Elementary School (Block 407) 2.81 ha (6.94 ac) Area of Neighbourhood Park (Block 409) 2.15 ha (5.31 ac) Area of Open Space - Environmentally Sensitive Areas (Blocks 410, 412, 413 and 441) associated with the tributary of the 8.96 ha (22.14 ac) Oshawa Creek Area of Storm Water Management Facilities (Blocks 414 and 439) 2.6 ha (6.42 ac)

Area of Blocks to be transferred to RioCan (Blocks 442 & 443) 0.27 ha (0.67 ac)

5.2 Oshawa Official Plan and Windfields Part" Plan

~ The subject site is designated as Reside'ntial and Planned Commercial Centre. The Main Central Area Boundary generally covers the northwest portion of the subject site.

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~ The Official Plan specifies, in part, that areas designated as Residential shall be predominately used for residential dwellings. In addition, other land uses may be permitted in areas designated as Residential such a schools, parks, open space and recreational uses have a community or neighbourhood level service area.

~ Areas designated as Planned Commercial Centre in the Oshawa Official Plan permit commercial uses related to shopping centres.

~ In the Windfields Part II Plan the subject site is designated as Low Density Residential, Medium Density I Residential, Medium Density II Residential, High Density I Residential, Public Secondary School, Public Elementary School, Separate Elementary School, Neighbourhood Park, Planned Commercial Centre-Main and Open Space and Recreation.

~ The lands proposed to be designated High Density I Residential and Medium Density II Residential are within the Main Central Area boundary.

~ The Low Density Residential designation generally includes uses such as single detached, semi-detached and duplex dwellings at densities up to 30 units per hectare (12 u/ac.).

~ The Medium Density I Residential designation generally includes uses such as single detached, semi-detached, duplex and townhouse dwellings at a density of 30 to 60 units per hectare (12 to 24 u/ac.).

~ the Medium Density II Residential designation generally includes uses such· as townhouses, low rise apartments anc.i medium rise apartments at a density of 60 to 85 units per hectare (24 to 34 u/ac.).

~ The High Density I Residential designation generally includes uses such as low rise and medium rise apartments at density of 85 to 150 units per hectare (34-60 u/ac.).

~ There is a tributary of the Oshawa Creek that is designated as Open Space and Recreation and shown as Hazard Lands in the Windfields Part II Plan. An Environmentally Sensitive Area is shown in the southern portion of the tributary adjacent to Britannia Avenue. .

~ The Planned Commercial Centre-main is to be developed primarily as the commercial component of the Windfields Main Central Area.

~ The road system shown in both the Oshawa Official Plan and the Windfields Part II Plan includes Simcoe Street North as a Type 'B' Arterial Road, Britannia Avenue as a Type 'C' Arterial Road, the future Bridle Road as a Type 'C' Arterial Road, a future north/south collector road parallel to Simcoe Street North, and a second future north/south collector road east of the future Bridle Road.

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~ The Windfields Part II Plan states that an Official Plan Amendment is not required to use the elementary school sites for Low Density Residential or Medium Density I Residential uses, provided the site is not needed for the intended public elementary school or other community use. A public ~Iementary school site is proposed in the subject draft plan.

~ The Windfields Part II Plan states that an Official Plan Amendment is not required to use the public secondary school site for Medium Density II Residential uses, provided the site is not needed for either the intended secondary school or other community uses. There is a public secondary school proposed in the subject draft plan.

~ The Windfields Part II Plan states that the calculation of net residential density may be averaged within areas designated as Low Density Residential, Medium Density I Residential or Medilim Density II Residential on Schedule 'A' - Windfields Land Use and Road Plan, within the same plan of subdivision.

~ The applicant is proposing the following amendments to the Oshawa Official Plan:

• To re-align the proposed collector road (Street 'B') that extends north from Britannia Avenue, parallel to and east of Simcoe Street North;

• To realign, further east, Bridle Road, north of Britannia Avenue; • To delete the collector road designation from Street 'u' on the draft plan, located

east of the Oshawa Creek Tributary. This road would become a local road and end in a cul-de-sac, with no access from Britannia Avenue.

~ The applications submitted by Charing Cross Investments Inc. (Metrus) to amend the Oshawa Official Plan and the Windfields Part II Plan for the lands east of the subject site also propose to alter the alignment of Bridle Road and to delete the collector road east of the Oshawa Creek tributary. The future location of Bridle Road has been coordinated between the two applications to create a satisfactory alignment for each developer.

?

~ The applicant is proposing the following amendments to the Windfields Part II Plan:

.' To re-align the proposed collector road (Street 'B') that extends north from Britannia Avenue, parallel to and east of Simcoe Street North;

• To re-align further east Bridle Road, north of Britannia Avenue;

• To delete the 'collector road designation from Street 'u' on the draft plan, located east of the Oshawa Creek Tributary;

• To increase the area of High Density I Residential;

• To increase the area of Medium Density II Residential;

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Report to the Development . Item: 05-12-248 Services Committee (Continued) - 12 - Meeting Date: July 9, 2012

• To decrease and relocate the area of Medium Density I Residential;

• To increase the area of Low Density Residenti~l;

• To relocate the Public Secondary School from generally the northeast corner of Simcoe Street North and Britannia Avenue to the south west corner of Bridle Road and a future collector road in the RioCan draft plan of subdivision. This will result in the redesignation of the new site from Planned Commercial Centre - Main and Low Density Residential to Public Secondary School and realigning the Main Central Area boundary;

• To delete the Separate Elementary School from the west side of Bridle Road, as this Department has received comments from the Durham District Separate School Board that a separate elementary school is not required within this draft plan of subdivision. The school is now primarily in the Metrus draft plan;

• To relocate the Neighbourhood Park from adjacent to Bridle Road, to a location on the east side of Street B;

• To have as an alternative use to the Public Secondary School (Block 408) a mix of Low Density Residential and Medium Density I Residential uses; and

• To relocate the Public Elementary School (Block 407) site further south such that it does not abut the Planned Commercial Centre - Main Area.

);> This Department has no objection to the approval of the revised application to amend the Oshawa Official Plan and the Windfields Part II Plan.

5.3 Zoning By-law No. 60-94

);> The subject site is currently zoned AG-A (Agricultural) in Zoning By-law No. 60-94.

);> The applicant proposes to amend Zoning By-law No. 60-94 to implement the revised draft plan of subdivision. The proposed zoning amendment would:

• Rezone the proposed single detached lots to appropriate R 1 (Residential) Zones, subject to special zoning regulations (Attachment No.8) to the satisfaction of the Commissioner of Development Services;

• Rezone the proposed street townhouses and mixed blocks containing single detached dwellings and street townhouses to appropriate R 1-E and R3-A (Residential) Zones, subject to special zoning regulations (Attachment No.8) to the satisfaction of the Commissioner of Development Services;

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• Rezone the proposed Medium Density I Residential blocks to appropriate R1 and/or R3-A (Residential) Zones, which would permit street townhouses and single detached dwellings, subject to special zoning regulations (Attachment No.8) to the satisfaction of the Commissioner of Development Services;

• Rezone the proposed Medium Density II Residential blocks to appropriate R3-A and R3-B (Residential) Zones, which would permit street townhouses and back to back townhouses, subject to special zoning regulations (Attachment No.8) to the satisfaction of the Commissioner of Development Services;

• Rezone the proposed High Density I Residential block (Block 405) to an appropriate R6-C (Residential) Zone, which would permit apartment buildings, homes for the aged, nursing homes or retirement homes subject to special zoning regulations (Attachment No.8) to, the satisfaction of the Commissioner of Development Services;

• Rezone the proposed Public Elementary School Block (Block 407) to an appropriate CIN (Community Institutional) / R1-E (Residential) Zones subject to special zoning regulations (Attachment No.8) to the satisfaction of the Commissioner of Development Services;

• Rezone the proposed Public Secondary School Block (Block 408) to an appropriate CIN (Community Institutional) / R1-E/R3-A (Residential) Zones subject to special zoning regulations to the satisfaction of the Commissioner of Development Services;

• Rezone the proposed neighbourhood park block (Block 409) to OSP (Park Open Space) Zone;

• Rezone the proposed storm water management facilities (Blocks 414 and 439) to OSH (Hazard Lands .open Space) Zone;

• Rezone the open space and valley bocks (Blocks 410,412,413 and 441) to OSH . (Hazard Lands Open Space) Zone; and

• Rezone the commercial blocks (Blocks 442 & 443) proposed to be transferred to RioCan to an appropriate PCC-A (Planned Commercial Centre) Zone.

~ This Department has no objection to the approval of the application to amend Zoning By-law No. 60-94. An "hI! symbol will be applied to the residential portions of the draft plan. The holding symbol will be removed when appropriate arrangements have been made for the provision of adequate sanitary, water, storm and transportation services and facilities to serve this development are included in a subdivision agreement as appropriate, which is executed. An "hI! holding symbol will be applied to the High Density I Residential Block 405 for site plan approval. An "hI! holding symbol will also

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be included in the commercial block to be transferred to RioCan consistent with the RioCan rezoning by-law.

5.4 Subdivision Design Considerations

~ Detailed design matters will be reviewed during the further processing of the applications to ensure compliance with the City's Landscaping Design Policies and other policies.

~ Urban Design Guidelines will be required to be submitted prior to any registration or lands or development of lands along the Simcoe Street North corridor. This Guidelines will be coordinated with the owner(s) of the lands to the north, currently RioCan.

~ If the subject applications are approved, detail design matters relating to the High Density block, Public Elementary School block, and Public Secondary School block will be reviewed through future applications for site plan approval.

~ To complement the Recreational Trail in the subject plan and to provide connections to development to the north, east and south, bike routes will be included on both sides of Britannia Avenue, on both sides of Bridle Road, and on both sides of Street "B".

~ The Planning Act allows the City to require up to 5% of the area of the draft plan to be conveyed to the City as parkland and/or acceptcash-in-lieu of parkland. In this case, 5% of the revised draft plan is 3 hectares (7.41 ac). The neighbourhood parkland to be conveyed to the City in this draft plan is 2.15 hectares (5.31 ac) in size.

~ This Department has no objection to the approval of the proposed draft plan of subdivision subject to certain conditions contained in Attachment No.9.

5.5 Heritage Matters

~ As noted in Section 4.2, the stone house located on the Minto property is intended to be protected by moving it to a future lot in the draft plan adjacent to Simcoe Street North.

~ On May 22, 2012, City Council considered a report on UOIT's memorial plans to commemorate Windfields Farm and adopted a resolution which, in part, states:

"That City staff be authorized to work with Heritage Oshawa and others as appropriate to development a multi-faceted plan to commemorate the legacy of Windfields Farm."

~ At this time staff have been in discussion with the applicant regarding heritage features that may be incorporated into the subdivision. These include:

• Street naming to use related historical names and themes.

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• Street signage and street lighting to be consistent with the street signage and 'street lighting in the existing Windfields Phase 1 subdivision.

• Landscape entry features to incorporate stone posts/pillars in the design. • The architectural control guidelines provided by the development for staff review

incorporate elements of the arts and crafts style of architecture for the new home models, mimicking the stone house architectural style.

• Other streetscape and design elements will be concluded through the preparation of the Urban Design Guidelines required for this development.

5.6 Basis for Recommendation

~ This Department has no objection to the approval of the subject applications for the following reasons:

(a) The proposed development conforms with the Durham Region Official Plan; (b) The design of the subdivision is appropriate for the site and proposed development

can be designed to be compatible with the existing and planned surround land uses;

(c) The subject site has been designated for urban development since the approval of the Windfields Part II Plan was approved in 2003. The subject applications are implementing these land' use designations with certain modifications to incorporate current design standards and to accommodate current market demands;

(d) The proposed subdivision design provides appropriate connections to abutting future development lands to the north and east to accommodate well planned and integrated development over the long term;

(e) The applicant submitted a Traffic impact Study prepared by MMM Group. The study concluded that the deletion of the Collector Road designation for Street U will not have a negative impact on the proposed road network or abutting uses;

(f) The subdivision design facilitates an appropriate recreational trail route through the subject lands and into areas to the north, south and east. Appropriate bike routes have also been provided for thereby advancing a healthy community;

(g) The proposed development protects the environmentally sensitive areas located within the subject site. The City will acquire the open space, valley lands, woodland and wetland compensation lands at no cost;

(h) The Region of Durham and Central Lake Ontario Conservation Authority have no objection to the applications; and

(i) The proposed development represents good planning.

6.0 FINANCIAL IMPLICATIONS

~ Based on the approval of the Windfields Part II Plan the City has effectively assumed that there will be certain capital costs related to the construction of arterial roads, , finishing the development of the neighbourhood park.

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~ Capital costs which are the responsibility of the City as a result of any development of the revised draft plan are as follows:

• Capital costs for "finishing" the development of the neighbourhood park with such items as a play field, equipment, walkways and trees are approximately $420,000;

• Capital costs for the construction of the Type 'C' Arterial Road (Bridle Road) and signage are approximately $685,000;

• Capital costs for the construction of the Collector Road (Street 'B') are approximately $215,000;

• Capital costs for street lighting along Simcoe Street North abutting the draft plan are approximately $65,000; and

• There will also be certain capital costs related to a 3 metre- multi-use trail on Simcoe Street North.

~ A portion of the cash-in-lieu of parkland will be waived up to a maximum of $200,000 for costs incurred for moving the stone house and the cost of the serviced lot.

7.0 RESPONSE TO THE COMMUNITY STRATEGIC PLAN

~ Approval of the subject applications will advance Goal B (A Green and Sustainable Community) of the City's Community Strategic Plan by managing growth and using land wisely, by taking a proactive approach to environmental management and protection, and by promoting active transportation and recreation options.

Paul Ralph, B.E.S., RPP, Director Planning Services

Thomas B. Hodgins, ., M.A., RPP, Commissioner Development Services Department

SAlc Attachments

161

Attachment No.1

DEVELOPMENT SERVICES DEPARTMENT

Item No.: DS-12-248 Subject: Revised Applications to Amend the Oshawa

Official Plan, Windfields Part II Plan and Zoning By-law No. 60-94 and for approval of a Draft Plan of Subdivision

~ Subject Site

B Metrus Lands

~ Riocan Lands 162

Attachment No. 2 - Existing Windfields Part II Plan

Item No.: OS-12-248 Subject: Revised Applications to Amend the Oshawa Official Plan, Windfields Part II Plan and Zoning By-law No, 60-94 and for

approval of a Draft Plan of Subdivision (S-0-2006-02) File No.: S-0-2006-02, B-31 00-0085, Z-2006-04

..--. CJ"v...

SCHEDULE 'A' W1NDFIELDS LAND USE AND ROAD PLAN

PART /I PLAN FOR THE W1N DFIELDS PLANNING AREA

125 250 500 Melres

Development Services Departm9nt JUN£2012

a <: IJ.J (!)

IJ.J -J

RESIDENTIAL

~ Low Density Residential

&S:5J Medium Density I Residential

C=:J Medium Denslty II Residential

c::::J High Density I Residential

OPEN SPACE AND RECREATION

[HJ Neighbourhood Park

[EJ Community Park

.. Open Space and Recreation

COMMERCIAL

II§JI Convenience Commercial Centre

~ Planned Commercial Centre - Main

COMMUNITY USE

[l] Public Elementary School

[I] Public Secondary School

CI:J Separate Elementary School

@ Community Use

INSTITUTIONAL ~ University of Ontario Institute of Technology

TRANSPORTATION ~ Type '8' Arterial Road

u::u::uJ Type 'C' Arterial Road

~ Collector Road

1§3 Recreational Trall

S Stormwater Management Facilities* Transit Station

IT] Pedestrian Underpass

~ Main Central Area

~ Windfields Planning Area Boundary

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~ BACK TO BACK TOWNS: R3

~ FRONT DRIVE TOWNS: R3-(A)

ITIIIlIIIIIll] TOWNS I SIN GLE DETACHED : R3-(A) I R1-E(4)

EZZZZZZZZI SINGLE DETACHED : R1-D(3)

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prJpoS~d RioCan CommerciaV Retli l Development

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Attachment No. 3 - Proposed Windfields Part II Plan showing requested Amendments

Item No_: DS-12-248 Subject: Revised Applications to Amend the Oshawa Official Plan, Windfields Part II Plan and

Zoning By-law No_60-94 and for approval of a Draft Plan of Subdivision (S-O-2006-02) File No_: S-O-2006-02, B-31 00-0085, Z-2006-04 City ofOs haw a (;:5

DEVELOPMENT SERVICES DEPARTMENT = _ _ •

Attachment No, 4 - Proposed Windfields Part II Plan

Item No,: OS-12-248 ~

Subject: Revised Applications to Amend the Oshawa Official Plan, Windfields Part" Plan and Zoning By-law No. 60-94 and for approval of a Draft Plan of Subdivision (S-0-2006-02) S-0-2006-02, B-31 00-0085, Z-2006-04File No.:

" City ofOshaw~, e:> DEVELOPMEN7 SERVICES DEPARTMENJ _.....

J, 0 I ~ I IJ ~ -:::::=;WIIII'CffESTEI<R07W WEST \

Low Density Residential

Medium Density I Residential

Medium Density II Residential

High Density I Residential

~ Neighbourhood Park

[E2] Community Park

_ Open Space and Recreation

m Convenience Commercial Centre

R Planned Commercial Centre - Main

Public Elementary School

Public Secondary School

Separate Elementary School

Community Use

University of Ontario Institute ofTechnology

~ Type 'B' Arterial Road

ITiIill Type 'C' Arterial Road '

~ Collector Road

§ Recreation Trail

S Stormwater Management Facilities

* Transit Station

rn Pedestrian Underpass

El Main Central Area

F--"3 Planning Area Boundary

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Attachment NO. 5 Item No.: DS-12-248 Draft Plan of Subdivision Subject: Revised Applications to Amend the Oshawa Official Plan, June 20,2011 Public Meeting

Windfields Part II Plan and Zoning By-law No. 60-94 and for approval of a Draft Plan of Subdivision (S-0-2006-02)

File No.: 8-0-2006-02, B-31 00-0085, Z-2006-04 CityofOshawa ~ DEVELOPMENT SERVICES DEPARTMENT =~w.

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Attachment NO.6 Draft Plan of Subdivision March 26, 2012 Public Meeting

Item No.: 08-12-248 ~ 8ubject: Revised Applications to Amend the Oshawa Official Plan,

Windfields Part II Plan and Zoning By-law No. 60-94 and for approval of a Draft Plan of 8ubdivision (8-0-2006-02)

File No.: 8-0-2006-02, B-31 00-0085, Z-2006-04 CityofOshawa (15DEVELOPMENTSERVICES DEPARTMENT mH'~A

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I

Attachment NO.7 Item No.: DS-12-248 Subject: Revised Applications to Amend the Oshawa Official Plan, Windfields Part II Plan and

Zoning By-law No. 60-94 and for approval of a Draft Plan of Subdivision (S-0-2006-02) File No.: S-0-2006-02, B-3100-0085, Z-2006-04

CityojOshawa $ DEVELOPMENTSERVICES DEPAR1MENT ~WA

--

05-12-248 Attachment No.8

Proposed Zoning Regulations

(J'

Zones R1-E R1-E R3-A R3 R6-C (abutting Metrus)

Residential Type Single Single detached Street Back to back Apartment building, detached dwelling townhouse townhouse home for the aged, dwelling building/dwelling nursing home,

retirement home Minimum Lot Frontage (m) 11.0 11.0 6.0 6.0 30.0

Minimum Lot Area (mL) 319 319 174 90 N/A Minimum Front Yard Depth 4.5 3 4.5 6.0 6.0 abutting Arterial/Other (m) Minimum Interior side yard 1.2/0.6 1.2/0.6 1.2 1.2 1 .5 for each storey or depth (m) half-storey Minimum interior side yard 0.6 0.6 N/A N/A N/A

" depth (m) corner lot .0 Minimum Exterior side yard 2.0/0.6 2.0/0.6 2.0 2.0 1.5 for each storey or

depth (Abutting arterial/other half-storey -....

(m) Minimum Rear Yard Depth 7.5 7.5 7.5 0.0 1.5 for each storey or (m) half-storey but in no

case less than 7.5 metres

Maximum Lot Coverage 49.0 53.0 58.0 63.0 35 Maximum Height 10.5 10.5 10.5 12.0 25.0 Minimum Landscaped Open 50.0 50 50.0 50.0 N/A Space in Front Yard (%) Minimum Landscaped Open N/A N/A N/A N/A 40 Space (%) Maximum Density - Dwelling N/A N/A N/A N/A 150 units per hectare Parking 2 2 2 2 Varies as per use

Attachment No.9 To the Report of the Commissioner of the Development Services

Dated July 4, 2012, Item No. DS-12-248

City of Oshawa Conditions of Approval for Draft Plan of Subdivision 5-0-2006-02 (Last date of revision July 3, 2012)

by Minto Metropia Windfields LP

1. That the subdivider enter into a subdivision agreement with the City to ensure the fulfillment of the City's requirements, financial and otherwise.

2. That this development comply with the City's Landscaping Design Policies, as amended on March 21, 1988. Without limiting the generality of the foregoing, the following shall be undertaken by the subdivider to the satisfaction of, and at no cost, to the City:

(a) The preparation of a Subdivision Landscape Plan(s), including a landscape plan for the landscaped buffers, strips and roundabouts, for the storm water management facilities, storm water outfalls, a park concept and grading plan for the neighbourhood park block, a restoration/enhancement landscape plan for the open space blocks containing the valley lands and a restoration/enhancement landscape plan for the wetland and woodland compensation areas;

(b) The protection of existing site features during the course of subdivision development; a protection plan shall be prepared and shall be coordinated with the grading plan; a statement from a Landscape Architect shall certify that the measures employed are appropriate to promote preservation;

(c) The installation of fencing and landscaping, as necessary; and (d) The preparation of a street tree planting plan and the installation of street

trees all to the satisfaction of the City.

3. That the subdivider undertake, at no cost to the City:

(a) The grading, sodding, fencing, installation of the granular base of the recreational trail and installation of drainage facilities in the neighbourhood park block in accordance with the approved plans or in lieu of undertaking the actual work the City may accept, at its discretion, an appropriate fixed payment to the City;

(b) The installation of landscaping, walkways, fencing, lighting and drainage facilities in the landscaped strips/buffers/walkways to the satisfaction of the City;

(c) The installation of a 3.0 metre multi-use trail on Streets F and J, in place of a 1.5 metre sidewalk;

(d) The construction of all other bike routes and the granular base of recreational trails to the satisfaction of the City;

(e) The construction of the roundabouts including the installation of landscaping and drainage facilities as necessary to the satisfaction of the City;

(f) The installation of the enhancements and restoration planting in the valley lands and environmentally sensitive areas; and,

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(g) The installation of the enhancements and restoration plantJng to the wetland and woodland compensation areas to the satisfaction of the City and Central Lake Ontario Conservation Authority.

4. That the subdivider be advised that it may request permission from Council to fully "finish" the park including any facilities and appropriate park furniture, as an alternative to waiting for the City to "finish" the park. The subdivider's request must include the proposed timing of full park construction, the costs to the City and a proposed method and timeline for reimbursement by the City. The subdivider's request is to be made to the Commissioner of Development Services who shall report to Committee and Council on the request. The subdivider is advised that the timing of the finishing of the park is at Council's discretion and that Council cannot, at this time, commit to the approval of any request by the subdivider to "finish" the park on the City's behalf.

5. That the subdivider deposit with the City a public lands damage deposit and monetary security in amounts to be specified in the subdivision agreement as satisfactory to the City, to ensure that the public lands are not damaged and that certain site improvements, landscaping, fencing and vegetation preservation, in accordance with the approved conditions an'd plans, are carried out to the satisfaction of the City.

6. That Park Block 409 be conveyed to the City at no cost in a physical condition acceptable to the City at any time after draft approval of the plan by City Council to satisfy part of the parkland provisions of the Planning Act.

7. That the valley Open Space Blocks 410, 412, 413 and 441 be conveyed to the City at no cost and in a physical condition acceptable to the City. The Open Space Blocks shall be modified as necessary, to include all lands below top of bank, all natural hazard lands related to the valley, all wetland buffers areas, fisheries buffers, drip lines and lands above top of bank required for a recreational trail, buffers, maintenance access and/or erosion allowance access, if determined necessary by the City. Further, the subdivider acknowledges that the Open Space Blocks 410, 412, 413 and 441 may have to be widened as a result of further stormwater management, fluvial geomorphological and/or geotechnical slope investigations and is prepared to reduce/adjust the depth and/or width of lots or reconfigure the lots abutting these Blocks.

8. That the subdivider provide property owners with private well systems in the area surrounding the draft plan with a copy of the Region's Well Interference Policy.

9. That the residential lots shown on the Public Elementary School Block 407 only be permitted to be registered after it is proven to the City's satisfaction that the block is not required for any school or other community use.

10. The Future School Block (Block 424) be developed for a separate elementary school in conjunction with the abutting school block in adjacent draft plan of subdivision S-0-2011-02.

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11.

12.

13.

14.

15.

16.

17.

18.

19.

That the subdivider arrange for and pay the cost of all services required to service the plan in accordance with the policies and requirements of the City, and that any additional costs regarding urban design, creek works and road restoration shall be the responsibility of the subdivider.

That satisfactory arrangements be made for financing the City's share of servicing, if any, before the final plan is released for registration.

That the cost of any relocation, extension, alteration, damage repair or extraordinary maintenance of existing services necessitated by this development shall be the responsibility of the subdivider.

That the subdivider pay the full cost of the City's services within this plan which abuts privately owned property outside the limits of this plan, and further, that any payment received for the services for which this subdivider has paid shall be used to reimburse this subdivider for such services to the extent of this subdivider's cost provided a front ending agreement is executed in accordance with the requirements of the Development Charges Act.

That, if required, the subdivider enter into a front ending agreement with the City, which provides for the oversizing of storm drainage facilities for lands outside the plan. The agreement will provide for the front end payment, the construction and the reimbursement for such oversizing in accordance with policies established by the City, and further, that prior to release of the final plan for registration all matters with respect to the front ending agreement must be in effect.

That the subdivider grant free of charge any easements required for servicing and the conveyance of overland flows and such easements shall be in a location and of such widths as determined by the City and/or the Region and are to be granted upon request at any time after the draft approval of the plan by City Council.

That the City grant any easements and authorize any work required for utilities, storm water management and servicing on City owned lands necessitated by the development of the plan or relinquish any redundant easements provided the subdivider has met all the requirements of the City, financially or otherwise.

That the final plan for registration include any required BIQck(s) or easement(s) to facilitate the installation of any utility services which cannot be accommodated in the City's right of way in a location to the City's satisfaction.

That lot grading plans and other engineering drawings be prepared in accordance with the requirements and standards of the City, and prior to preparation of the subdivision agreement, the plans and drawings are to be submitted to and approved by the Engineering Services Branch. This extends to include Utility Co-ordination Plans to illustrate and establish a final design location of all above ground and below ground utility plant and structures to service the plan. In the event that the subdivision agreement is not executed within one (1) calendar year from the date of approval of the engineering drawings, the lot grading plans and other engineering drawings shall be resubmitted to the City for approval again prior to execution of the subdivision agreement.

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20. That reserves as may be required be conveyed to the City.

21. That any existing reserves or block(s) which are required to be dedicated as public highway with the registration of this plan be included in the final plan of subdivision and dedicated as public highway, or alternatively, a by-law shall be prepared for the purpose of dedicating any existing reserves or block(s) as public highway.

22. That this development comply with City Council policies and by-laws with respect to stormwater management. In this regard, the subdivider is required to submit a detailed stormwater management report that must address, but is not limited to, the following issues:

(a) Water quality and quantity control including design details on pond sizing and· forebay sizing;

(b) The oversizing of the pond and storm sewer system to accommodate additional stormwater flows from Riocan development to the north of this plan;

(c) Major and minor flows routes including cross-sectional details of walkway and roads;

(d) Erosion and sediment controls; (e) Downstream development impacts relating to the proposed water ponding

within the Riocan development lands to the north of this plan using the Master Environmental Servicing Plan hydrological model;

(f) Outfall pipe sizing requirements and erosion protection works at the outlet; (g) Foundation drain discharge points; (h) Infiltration potential of the lands using Low Impact Development Techniques; (i) Floodplain mapping to revise floodplain limits by re-running the Hec-Ras

model using the new flows based on this development; 0) Financial contribution to the long term maintenance and the repair cost of the

stormwater management facility. (k) Additional stormwater management features/devices to deal with extra

liability received by the City resulting from accepting the storm flows from the Riocan development to the north of the plan;

(I) Groundwater condition of the pond block site; (m) Water ponding depth within the roadways; (n) Maintenance/operating manual for the stormwater management facility.

Furthermore, the subdivider is required to implement and bear the cost of all the necessary stormwater features/works recommended in the said report.

23. That the subdivider shall revise the draft plan if it is determined during the review of the final engineering drawings that the developable limits represented on this draft plan has been incorrectly illustrated due to unforeseen circumstances. In this regard, the subdivider acknowledges and is prepared to reduce or adjust the number of residential building lots or reconfigure the lots as determined by the actual location of the developable limits.

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24. That a storm drainage scheme for the .Iands within and abutting this plan be submitted to the Department of Development Services for approval prior to preparation of the engineering drawings for this subdivision.

25. That the subdivider acknowledge, in writing, prior to the submission of engineering drawings that the current City policy provides for consideration of a reduced road allowance width of 18 metres for certain local roads as appropriate and the Commissioner of the Development Services Department reserves the final determination to require the standard 20 metre road allowance width if it is determined that the construction and/or maintenance of the public services within the road allowance is not financially or otherwise feasible.

26. That the subdivider acknowledges, in writing, prior to the submission of engineering drawings that while the current City policy provides consideration of a reduced road allowance of 16 metres for service roads abutting arterial roads, and the Commissioner of the Development Services Department reserves the final determination to require the standard 20 metre or where necessary, 20 metres plus road allowance in consideration that the final future road grade for Simcoe Street North may warrant the additional width.

27. That the subdivision agreement allow the City to approve the location of driveway(s) on all lots it deems necessary prior to the issuance of a building permit. This shall also include driveway for all corner lots and lots abutting corner lots.

28. That the location of all driveways maintain a minimum one metre clearance from all above ground utility structures or other like apparatus.

29. 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 to confirm servicing and secondary access requirements. The determination of a temporary or secondary access shall be made by the City, and reserved until more details on phasing are available.

30. That the subdivider provide roll-up type garage doors where the front yard setback to the garage is 7.0 metres or less.

31. That any driveway leading to a private garage on any lot fronting on a road allowance of less than 20 metres that does not have a City sidewalk planned for that side of the public highway shall have a minimum length of 7 metres from the street line to the garage and the garage shall be designed with a roll-up type garage door.

32. That the City close, re-convey or dedicate any road allowance or widenings necessitated by the development of this plan, provided the subdivider has met all of the requirements of the City, financially or otherwise. A by-law shall be prepared for the lands included in the 40M Plan, as necessary, for the purpose of dedicating any road allowances or widenings as public highways.

33. That any approvals which are required from the Region of Durham, Central Lake Ontario Conservation Authority, TransCanada Pipeline, Bell or Enbridge Pipelines

174

and any other regulatory authority for the development of this plan be obtained by the subdivider and written confirmation be provided to the City as verification of these approvals.

34. That the subdivider pay the full cost of the temporary termination of any street (in the form of a cul-de-sac) if required to the satisfaction of the City and further that the subdivider acknowledge that the method of termination may restrict the availability of building permits for lots in the vicinity.

35. That the subdivider acknowledge, in writing, that current City funding practice may change prior to plan registration or development and that the timing of the registration shall be at the City's discretion based on the City's financial ability to

~ fund projects.

36. That prior to the preparation of the subdivision agreement, the subdivider shall engage a control architect, satisfactory to the City, who will prepare streetscape/architectural control guidelines to the City's satisfaction, approve all models offered for sale and certify that all building permit plans comply with the City approved guidelines.

37. That prior to the submission of engineering drawings for any phase abutting Simcoe Street North, the subdivider shall engage an urban design and landscape architect, satisfactory to the City, who will prepare urban design guidelines to the City's satisfaction, for the Simcoe Street North corridor, between Britannia Avenue and the north property boundary, coordinated with the property owner of the abutting lands to the north.

38. That all streets, including temporary roads and cul-de-sacs, be designed to City standards.

39. That the engineering plans be coordinated with the streetscape/architectural control guidelines and the urban design guidelines and further that the engineering plans shall co-ordinate the driveways, street hardware and street trees in order to ensure that conflicts do not exist, asphalt is minimized and street trees are accommodated.

40. That the subdivider prepare a soils report to the City's satisfaction and the subdivision agreement implement, as appropriate, the recommendations of the soils report, including any requirement that development on engineered fill be certified by a professional engineer, all to the satisfaction of the City.

41. That all streets shall be named to the satisfaction of the City following predominantly a Windfields Farm/equestrian related theme if possible.

42. That the Storm Water Management Blocks 414 and 439 be conveyed to the City at no cost and be designed, developed, and landscaped to the satisfaction of the City, at no cost to the City. The subdivider shall reduce the number of residential building lots or reconfigure the lots and roads included in the draft plan if the final engineering for the stormwater management facilities, as approved by the City, determines that the lands for the facilities must be increased in area or reconfigured

175

in shape to accommodate the volume of post development runoff or to increase the buffer for environmentally sensitive areas.

43. That prior to release of the final plan for registration, the subdivider must ensure that all streets properly align with existing developments and new development proposals outside the limits of and abutting this plan. In this regard, the subdivider must provide written verification from an Ontario Land Surveyor or Professional Engineer that the alignment of all streets and their extension outside the limits of this plan will meet the design requirements of the City.

44. That the subdivider provide a fixed payment satisfactory to the City (10% of the estimated cost of the construction item) to provide for the long term maintenance and repair of items such as enhancements to fences, entrance features and landscaped buffers which exceed the standards normally required by the City.

45. That the subdivider agrees to provide a fixed contribution satisfactory to the City for the long term maintenance and repair cost of the pond.

46. That the subdivider agrees that in the event that the subject plan goes in advance of the RioCan development to provide a fixed contribution satisfactory to the City for the long term maintenance and repair cost of the storm trunk sewer from the Riocan development site to the stormwater pond.

47. That the lands owned by the subdivider within the draft plan shall not be unreasonably graded, filled or stripped except in compliance with the City's Site Alteration By-law 85-2006 or in advance of building activity so as to cause dust and increased stormwater run-off from the lands resulting in erosion and silting of roads, services, valley lands, creeks and privately owned property. As part of the engineering drawing submission, the subdivider shall submit an erosion and siltation control plan to be implemented and maintained with the grading and construction activity on the lands. The plan shall indicate the means whereby stormwater run-off and sedimentation from the site will be controlled and shall be implemented and maintained by the subdivider during the construction of services and the house building program. In the event building activity is not commenced following completion of underground services, the subdivider will undertake to fe-vegetate any area that has been graded, filled or stripped. Any cost incurred by the City for cleaning, repairing or reconstructing damaged services as a result off stormwater run-off shall be the responsibility of the subdivider.

48. That the zoning by-law be appropriately amended in order to implement the draft plan.

49. That the subdivider retain a qualified professional engineer to verify to the satisfaction of the City and Region of Durham that the soil of the site has been made suitable for the proposed uses and is in compliance with the Ministry of the Environment's (MOE's) current "Guidelines for Use at Contaminated Sites in Ontario". A Record of Site Condition acknowledged by MOE shall be required to be submitted to the satisfaction of the City prior to registration and/or any site disturbance.

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50. That the subdivider retain a qualified professional engineer to prepare a Noise Impact Study based on noise generated from road traffic and any other relevant noise source and the detailed grading of the site to the satisfaction of the City. Further, the subdivider shall implement the recommendations for noise controls at no cost to the City, confirm that the implemented sound barrier(s) is in compliance with the MOE's current requirements and provide the necessary warning clauses to the City's satisfaction. The subdivider shall pay for any peer review of the study if required by the City.

51. That the subdivider retain a professional environmental expert to prepare an update to the "Wildlife Risk Management Assessment for the Oshawa Municipal Airport" and implement any mitigating measures at the subdivider's storm water management ponds to the satisfaction of the City.

52. That the subdivider, at its cost, utilize decorative street lighting and street signage on Bridle Road and all roads consistent with the lighting and signage installed in the Windfields subdivision south of Britannia Avenue.

53. That the subdivider revise the draft plan, as necessary to the satisfaction of the City to accommodate any unforeseen technical engineering issues which arise during the review of the final engineering drawings. Required revisions may include reducing the number of residential building lots or reconfiguring the roads, lots/blocks to the City's satisfaction.

54. That dedicated corner sight triangles and pavement elbows on resid,ential streets be incorporated to the·satisfaction of the City.

55. That the subdivision agreement \

include a warning clause to all potential residents in the plan, through the agreement of purchase, sale or lease, that the dwelling unit is located in proximity to the Oshawa Municipal Airport and its corresponding aircraft traffic.

56. That all Future Development Blocks be developed in conjunction with adjacent lands.

57. That the property required for road widening of Bridle Road be conveyed to the City upon request, at any time after the draft approval of the plan by the City.

58. That Block 418 shall only be used for up to a maximum of two (2) single detached dwellings if Public Secondary School Block 408 is required for a school or other community use.

59. That the cost of any public municipal services outside of the plan necessitated by this development to be installed, extended, relocated or altered to provide services across or through adjacent privately owned lands which are subject to a separate draft plan approval to service this plan shall be the responsibility of the subdivider. Furthermore, it is also the sole responsibility of the subdivider to negotiate with the adjacent owner and secure the appropriate easement(s) and/or land(s) required, and convey the same to the City, at no cost and in physical condition acceptable to the City.

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60. That the subdivider is required to pay the full cost of the City's services which abuts this plan outside the limits of this plan on Bridle Road to construct an urbanized arterial road structure across the entire frontage of the draft plan with a special consideration to allow a rural type road structure on the east side of this frontage to the satisfaction of the City, which the City will reimburse the developer only for the cost of oversizing of this road structure in accordance with the Council adopted Engineering Branch Policy and business practices for arterial roads, and further, that any payment received for any additional services for which this subdivider has paid shall be used to reimburse this subdivider for such services to the extent of this subdivider's cost provided a front-ending agreement is executed in accordance with the requirements of the Development Charges Act.

61. That the subdivider is required to pay the full cost to rehabilitate, reconstruct or resurface Bridle Road to a standard rural road cross-section from the north limit of the plan to Winchester Road to accommodate increased traffic volumes of any phasing of the plan that will dictate the need. The need and standard to which the road reconstruction or rehabilitated will be completed is at the sole discretion of the Director of Engineering to the satisfaction of the City and based on engineering merits of the demand requirements. The City will not reimburse the developer for any of the cost of this road structure unless a front-ending agreement is executed in accordance with the requirements of the Development Charges Act.

62. That an overall development and phasing plan must be submitted to ensure an adequate street pattern and servicing scheme prior to preparation of the engineering drawings to ensure that appropriate consideration is being given to the adjacent lands.

63. That Block 408 not be developed until such time that the road allowance requirement for the future roundabout at the intersection of Bridle Road and the proposed Street "A" in Draft Plan S-0-2011-03 has been finalized.

64. That a 0.3 metre reserve be placed across the frontage of Block 418 to restrict and control future development of lands within Blocks 408 and 418. Further, if Block 408 turns into a residential development, the subdivider agrees that a) Block 408 not be developed until land assembly with abutting blocks/lands has been finalized; b) a revised or separate application of draft approval with a different subdivision layout must be submitted.

65. That Block 418 is required to revert into residential lot(s) if Block 408 is not to be developed for the school use purposes.

66. That any proposed walkways be conveyed to the City at no cost and meet the City's warrants and be designed to the City's standards. As for the walkway in Block 415, the subdivider shall demonstrate that it has' a sufficient width to convey the major overland flow at that location and is prepared to reduce the number of residential building lots or reconfigure some of the lot structures as determined necessary. In this regard, Lots 33, 34, 96 and 97 shall not be developed until such time that an adequate width of the walkway block has been confirmed.

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67. That the final plan for registration be revised to incorporate the City's minimum road geometric design criteria. In this regard, the centerline radius of Street "N" is required to be revised to provide the minimum 110 metre radius for a local street and the subdivider is prepared to reduce the number of residential building lots or reconfigure some of the lot structures as determined necessary to meet the geometric design criteria of the City of Oshawa.

68. That the final plan for registration be revised or that the Jot structure be altered at the intersection of Bridle Road and Street "J" to accommodate any additional road allowance as may be required to provide for a two lane roundabout design together with a multi-purpose trail. In this regard, Lots 239 and 273 shall not be developed until such time that the road allowance requirement has been determined. Further that all costs associated with this intersection control feature be borne entirely by the subdivider.

69. That the final plan for registration be revised or that the lot structure be altered at the intersection of Street "B" and Street "C/H" to accommodate any additional road allowance as may be required to provide for a full size roundabout design. In this regard, Blocks 359, 369 and 343 shall not be developed until such time that the road allowance requirement has been determined. Further that all costs associated with this intersection control feature be borne entirely by the subdivider.

70. That the final plan for registration be revised or that the lot structure be altered at the northwest and northeast corners of the intersection of Britannia Avenue and Bridle Road to accommodate any additional road allowance as may be required to provide for a two lane roundabout design. Further that all costs associated with this intersection control feature be borne entirely by the subdivider.

71. That the subdivider shall pay for all traffic calming management features along Street "B" north of the intersection of Street "C/H" as may be determined necessary by the City during the review of the engineering submission for this development. These features will be designed and constructed to the satisfaction of the City.

72. That any lands external to the plan necessitated for the purposes of public highway be conveyed to the City free of charge and dedicated as public highway.

73. That the subdivider acknowledges that there is a Bell easement existing across the middle of the plan in the north/south direction and agrees to work with Bell to dispose of and/or relinquish the said easement for the purpose of this development at no cost to the City.

74. That the subdivider shall oversize the stormwater management pond and also the storm trunk sewer system to accommodate the external storm drainage from the Riocan development located to the north of this plan. Further, the subdivider agrees that it is his sole responsibility to negotiate with Riocan development to secure his own interest, financially or otherwise and satisfy the City's requirements at no cost to the City.

75. The subdivider shall provide the City with, prior to finalizing the engineering drawings for the pond, a geotechnical report prepared by a qualified professional

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engineer to investigate and confirm that the pond location would have no adverse impact upon the stability of the creek valley slope. In this regard, the subdivider acknowledges and is prepared to reduce the number of residential building lots or reconfigure the lotslroads as may be determined necessary, or alternatively, the owner agrees to implement the recommendations in the approved geotechnical study at their cost.

76. That any approval in relation to stormwater management, erosion control and any works required within the Oshawa Creek East Valley (Tributary E1) shall be obtained by the subdivider from the Central Lake Ontario Conservation Authority and the City's Engineering Services Branch. Written confirmation of the approval is to be provided to the City.

77. That the subdivider shall revise and resubmit the Stream Corridor Protection Limits report for Tributary E 1 of Oshawa Creek East Branch that must address, but not limited to, the following issues:

(a) Flooding hazard limits; (b) . Erosion Hazard limits; (c) Fisheries Buffer; (d) Stream Corridor Protection limits; . (e) Stream works downstream of Bridle Road creek crossing; (f) Stream works downstream of Britannia Avenue creek crossing (as

recommended in the Windfields Planning Area East MESP).

Furthermore, the subdivider is required to implement and bear the cost of all the necessary works recommended in the said report.

78. That the subdivider shall retain a qualified professional to prepare a Fluvial Geomorphological Assessment report on Tributary E1 of Oshawa Creek East Branch to determine the extent of the creek works (internally and externally) that is required to be done to accommodate this development. Furthermore, the subdivider shall carry out and bear the cost of all the necessary creek works recommended in the said report.

79. That Blocks identified to be transferred to Riocan shown on the plan be developed in conjunction with adjacent lands to the satisfaction of the City.

80. That Streets R, S, T and U together with the related fronting lots and blocks be developed in conjunction with adjacent lands to the satisfaction of the City.

81. That Bridle Road and Street B be terminated to the satisfaction of the Engineering Services and the Region of Durham, Works Department and, if necessary, building permits be restricted on lots in the vicinity.

82. That the subdivider acknowledges that the development of the east portion of this subdivision located to the east of Block 413 and south of Bridle Road cannot proceed until such time that a) the Britannia Avenue culvert crossing over Tributary E1 of Oshawa Creek East Branch and the Britannia Avenue road extension to

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approximate 300 metre east of Bridle road have been constructed; b) the construction of the pond and services of the neighbouring subdivision is completed.

83. That the subdivider s.hall submit a Hydrogeological Assessment report that must address, but not limited to, the following issues:

(a) The sizing of the Foundation Drain Collector System (FDC); (b) Opportunities for the application of the LIDs technology within the draft plan; (c) Any potential for formation of calcium carbonate buildup in the foundation

drains and service connections within this draft plan and provide appropriate remedial measures;

(d) To minimize the extent of building footing drains below the seasonal high groundwater table by means of changing the overall design of this development; and

(e) The design of the stormwater pond in relation to artesian pressure.

Furthermore, the subdivider is required to implement and bear the cost of all the necessary stormwater features/works recommended in the said report.

84. That prior to the issuance of building permits for those lots, located on former creek bed, a separate groundwater conveyance system other than the regular foundation drain collector or other arrangement must be in place to the satisfaction of the City.

85. That the subdivider shall implement the recommendations of an Environmental Impact Study prepared by MMM Group in February 2012 to the satisfaction of the City and implement and bear the cost of all the necessary works recommended in the said study.

86. That the heavy construction access be restricted to Britannia Avenue, if possible, to the City's satisfaction.

87. That the lot pattern for those blocks shown on the plan for residential development must be finalized prior to preparation of the engineering drawings to properly assess requirements for items such as sidewalks, individual servicing and utility coordination.

88. That the subdivider:

(a) Retain, at its cost, a qualified house mover and relocate the main part of stone house (commonly referred to as the Foreman's House) at 2425 Simcoe Street North to a future serviced single detached lot in the plan abutting Simcoe Street North to the satisfaction of the City. The future lot may be created through a future revision to the draft plan of subdivision.

(b) Place, at its cost, the house on a new foundation. (c) Agree to withdraw the demolition permit for the house once draft plan

approval for S-0-2006-02 is in effect. (d) Not-oppose the City's efforts to appropriately designate the house under the

Ontario Heritage Act and agree to advise any purchaser of the City's intent to designate.

(e) Properly maintain the house while it remains in Minto's ownership.

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89. That the subdivider pay the City $111,000 with the first subdivision phase to satisfy, in part, the parkland dedication requirements of the Planning Act.

90. That the City waive a portion of the cash-in-lieu of parkland, up to a maximum of $200,000 to compensate the applicant for the cost of moving the house to the serviced lot it is to be relocated upon. The total amount of the cash-in-lieu of parkland ultimately waived by the City will equal the sum of:

(a) Actual costs for moving the house supported by receipts that are to the satisfaction of the City's Auditor General;

(b) Reasonable costs for the serviced lot that are supported by calculations which are summarized by Minto in a letter that is to the satisfaction of the City's Auditor General; and

(c) In the event it is sold, the final sale price for the stone house must reflect a reduction equivalent to the total amount of the cash-in-lieu of parkland ultimately waived by the City, and this final sale price must be satisfactory to the City's Auditor General.

91. That all blocks required for landscape strips be conveyed to the City at no cost and in a physical condition acceptable to the City, and that such blocks and the service road boulevards abutting Simcoe Street North be of sufficient widths to permit landscape strips which do not exceed a 4: 1 slope or have another slope to the satisfaction of the City.

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DS-12-248 Attachment No. 10

MINTO COMMUNITIES (TORONTO) INC. Planning Act and Municipal Class Environmental Assessment Public Meeting

March 26, 2012, 7:00 pm

PRESENTATION

Emma West, planningAliiance addressed the Committee providing an overview of the revised applications submitted by Mino Communities (Toronto) Inc. to amend the Oshawa Official Plan, the Windfields Part /I Plan and Zoning By-law 60-94 and for approval of draft plan of subdivision (S-0-2006-02) to permit 952 new units, a separate elementary school, a public elementary school, a public secondary school, a park, open space areas, stormwater management facilities and Planning Commercial Centre uses on lands to be added to the RioCan site.

The Committee questioned Emma West.

DELEGATIONS

The Chair asked if any members of the public wanted to address the Committee concerning the applications.

Rosemary McConkey addressed the Committee questioning if the proposed development is in keeping with the Places to Grow Act. Rosemary McConkey also expressed concern regarding the potential demolition of the stone house n the property and questioned how the proposed development will impact the City's agricultural inventory.

Diane Stephen addressed the Committee expressing concern regarding the potential demolition of the stone house on the property and suggested the stone house be moved to the new fire hall location.

No further public comments were received.

CORRESPONDENCE

None.

ADDITIONAL AGENDA-RELATED ITEMS

None.

REPORT

DS-12-78 Revised Applications to amend the Oshawa Official Plan, Windfields Part /I Plan, and Zoning By-law 60-94, and a revised Draft Plan of

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Subdivision (S-0-2,006-02) on lands located east of Simcoe Street North and north of Britannia Avenue, be referred back to the Development Services Department for further review and the preparation of a subsequent report and recommendation. This referral does not constitute or imply any form or degree of approval." CARRIED

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k~. Qp?"~~~,~ Auditor General's Office

Item: 05-12-248 Attachment No. 11

July 4,2012

To: Members of the Development Services Committee

I have read report DS-12-248 "Revised Applications to Amend the Oshawa Official Plan, Windfields Part /I Plan and Zoning By-law No. 60-94 and for approval of a Draft Plan of Subdivision (S-0-2006-02) - East side of Simcoe Street North and north of Britannia Avenue -Minto Metropia Windfields LP (Minto)" and have discussed the report with staff. I agree with the recommendations of staff.

Ron Foster Auditor General

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h-0ShaWa. Reportapp.oshawa.ca/agendas/Development_Services/2012/07...but also woodland compensation...

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