~Oshawa Report

To Development Services Committee Item Date of Report

DS-14-65 March 19 2014

From Commissioner Development File Date of Meeting

Services Department B-3200-1257 March 24 2014

Subject Proposed City-Initiated Amendments to the Oshawa Official Plan and Zoning By-law No 60-94 PUBLIC REPORT

10 PURPOSE

The purpose of this report is to obtain Council authorization to initiate the public process under the Planning Act for Council to consider various proposed City-initiated amendments to

1 The Oshawa Official Plan and 2 Zoning By-law No 60-94

20 RECOMMENDATION

That the Development Services Committee recommend to City Council

That pursuant to Report DS-14-65 dated March 19 2014 the Development Services Department be authorized to initiate the statutory public process under the Planning Act for Council to consider proposed amendments to the Oshawa Official Plan and Zoning By-law No 60-94 generally in accordance with Attachment No 1 to said Report

30 EXECUTIVE SUMMARY

Not applicable

40 INPUT FROM OTHER SOURCES

41 Public

~ In the event Council approves the Recommendation a public meeting will be advertised and held pursuant to the Planning Act on the proposed amendments in Attachment No 1

98011-0704

388

Report to the Development Item DS-14-65 Services Committee (Continued) - 2 - Meeting Date March 24 2014

42 Other Departments and Agencies

In the event Council approves the Recommendation other departments agencies the Building Industry Liaison Team (BILT) and the Durham Region Home Builders Association will be circulated the proposed amendments as set out in Attachment No 1 for review and comment as part of the formal amendment process

50 ANALYSIS

On June 6 1994 Council adopted Comprehensive Zoning By-law No 60-94 for the City of Oshawa During the process which led to the adoption of Zoning By-law No 60-94 Council was advised that this Department would regularly review and update the bylaw in order to address any problems keep the by-law current user friendly and able to expedite appropriate development

As a result of these regular reviews and updates Council has approved a number of City-initiated technical and housekeeping amendments to the Oshawa Official Plan and Zoning By-law No 60-94

It is now appropriate to consider another round of City-initiated amendments to the Oshawa Official Plan and Zoning By-law to address issues which have been identified since the last update The proposed amendments are set out in Attachment No 1 to this report

The proposed amendments are intended to improve customer service maintain the currency and effectiveness of the Oshawa Official Plan and Zoning By-law No 60-94 and reduce the number of Committee of Adjustment applications

60 FINANCIAL IMPLICATIONS

Anticipated costs to the City are included in the appropriate 2014 Departmental budgets and relate primarily to newspaper advertising costs for any public meeting and the passing of any by-laws

389

Report to the Development Item DS-14-65 Services Committee (Continued) - 3- Meeting Date March 24 2014

70 RESPONSE TO THE OSHAWA STRATEGIC PLAN

)gt The Recommendation advances the Accountable Leadership goal in the Oshawa Strategic Plan

Paul Ralph BES RPP Director Planning Services

Thomas B Hodgins A RPP Commissioner Development Services Department

MJc Attachment

J

390

DS-14-65 Attachment No 1

1 Zoning By-law Section 3 Zones and Zone Symbols Zoning By-law Section Map C2

Issue

On September 17 1990 City Council approved Official Plan Amendment and rezoning applications to permit a medical office building at 1226 King Street East subject to conditions

One condition required the owner to convey the valleyland portion at the rear of the site and an appropriate access easement from King Street East to the valleyland to the City upon the Citys demand in the site plan agreement

A site plan agreement dated July 27 1992 was executed and it included a requirement for the owner to convey the valleyland (now described as Part 5 Plan 40R-14385) and an access easement to the City upon the Citys demand

The proposed medical office building is not proceeding and as a result the conveyance of the valleylands and access easement has not occurred

The owner has requested that the site plan agreement for the medical office building at 1226 King Street East be rescinded and that the site improvement security be returned This is a reasonable request and staff will undertake rescinding the agreement

In order to keep track of the Council direction however the By-law should be amended to add a holding symbol requiring the owner to obtain site plan approval and as part of that convey the required valleyland and access easement to the City

Proposed Amendment

(a) Add Sentence 352(42) to Subsection 35 Holding h Zones as follows

352(42) h-42 Zone (1226 King Street East)

Purpose To ensure that

(a) Site plan approval is obtained from the City and that the site plan agreement contain provisions requiring the owner to convey Part 5 Plan 40R-14385 as valleyland and an appropriate access easement from King Street East to the valley land to the Citys satisfaction and at no cost and in a condition acceptable to the City

Permitted Interim Uses

(a) All uses permitted in a EU Zone

391

(b) Amend Map C2

2 Zoning By-law Section 3 Zones and Zone Symbols Zoning By-law Section 26 Open Space Zones Zoning By-law Section Maps B1 and B2

Issue

548 Simcoe Street South is owned by the Ministry of Transportation (MTO)

Rick Maeder of Durham Auto entered into a lease with MTO to use part of the property for a used car dealership

On June 12 2006 City Council considered a rezoning application submitted by Mr Maeder and passed a by-law to permit an automobile sales and service establishment for used vehicles at 548 Simcoe Street South as a temporary use until June 11 2009 This approval was conditional upon the applicant obtaining site plan approval from the City

The applicant obtained site plan approval in November 2008

On April 6 2009 City Council passed a by-law to extend the temporary use permission until June 112012

On April 30 2012 City Council passed a by-law to extend the temporary use permission until June112015

Part of the reason for the temporary use permission was because of the length of the lease with MTO It was also unclear whether the subject site was immediately needed for improvements to Highway 401 and Simcoe Street South interchange

MTO is currently in the process of undertaking an Environmental Assessment for Highway 401 improvements and advises that any Highway 401 improvements in this area are long term As a result MTO continues to extend the lease

Page 2 of 14J j

392

Based on MTOs advisement it is appropriate to rezone the lands to OSH(3) to permit an automobile sales and service establishment for used vehicles as a permanent use Requiring an application for an extension to the temporary use by-law every 3 years is unnecessary and an inefficient use of City resources

Proposed Amendment

(a) Delete Sentence 3122(3) (TEMP-3 Zone) which permits an automobile sales and service establishment for used vehicles as a temporary use

(b) Add a new Article 26316 and Sentence 26316(1) to Sub-section 263 Special Conditions such that it would read as follows

26316 OSH(3) Zone (548 Simcoe Street South)

26316(1) Notwithstanding any other provision of this By-law to the contrary in any OSH(3) Zone an automobile sales and service establishment for used vehicles shall be a permitted use

(c) Amend Maps B1 and B2

3 Zoning By-law Section 4 General Provisions

Issue

Zoning By-law No 60-94 currently permits certain encroachments into the required minimum yards

One of the permitted encroachments allows balconies on apartments buildings to encroach 15 m into a required minimum yard

The following proposed amendment would also permit roofs over balconies to encroach into a required minimum yard

393

Page 3 of 14

Proposed Amendment

(a) Add the words and roofs over balconies after the word Balconies to Item (e) in the first Column of Table 46 of Article 461 such that the first Column of Item (e) of Table 46 of Article 461 would read as follows

(e) Balconies and roofs over balconies on apartment buildings

4 Zoning By-law Section 4 General Provisions

Issue

Sub-section 413 of the Zoning By-law regulates the use of temporary sales offices and model homes within an approved draft plan of subdivision

One of the regulations for a temporary sales office or model home is that the fire hydrants must be fully operational to the satisfaction of the Region of Durham and in a location acceptable to the Citys Fire Services for such uses in the Major Urban Area according to the Oshawa Official Plan

In some cases a fire hydrant may not be fully operational depending on the status of the servicing of the subdivision

However another alternative firefighting system (eg tankscisterns) can be satisfactory to Oshawa Fire Services Therefore this regulation should be amended to allow the flexibility for the provision of an alternative firefighting system subject to the acceptance of the Citys Fire Services

Proposed Amendment

(a) Amend Article 4133 Item (c) by adding the words or alternative firefighting system is fully operational to the satisfaction of the Citys Fire Services after the word Plan such that Item (c) Article 4133 would read as follows

(c) The fire hydrants are fully operational to the satisfaction of the Region of Durham and in a location acceptable to the Citys Fire Services for such uses in the Major Urban Area according to the Oshawa Official Plan or an alternative firefighting system is fully operational to the satisfaction of the Citys Fire Services

5 Official Plan Section 24414- Industrial Section Official Plan Section Land Use Schedule A- South Half Zoning By-law Section Map B2 Zoning By-law Section Special Purpose Commercial ZonesGeneral Industrial

Issue

The proposed amendments relate to 226 Bond Street East (Oshawa Curling Club) and 240 Bond Street East (Cliff Mills Dealership) and 195 amp 215 William Street East (part of Cliff Mills Dealership)

394

Page 4 of 14

The existing use at 195 William Street East is the storage of inventory vehicles related to the Cliff Mills dealership pursuant to a Committee of Adjustment decision (File A-069-07)

The current Industrial Official Plan designation and Zoning for the subject lands is not appropriate given that they are located within the Main Central Area at a gateway to the Downtown

The Official Plan designation should be changed to Residential for 195 William Street East and Special Purpose Commercial for the balance of these lands

The properties should be rezoned to reflect more appropriate land uses including restricted SPCshyA (Special Purpose Commercial) uses for 226 and 240 Bond Street East and 215 William Street East and SO-B (Specialized Office) uses including a mix of office personal service daycare studio flats private school at 195 William Street East

Proposed Amendments

(a) Delete Section 24414 in the Industrial Section of the Oshawa Official Plan which permits an automobile sales and service establishment at 240 Bond Street East (Cliff Mills)

(b) Delete Gl(7) Zone in Article 298 and related Sentences which permit an automobile sales and service establishment as an additional use subject to the SPC-A Zone regulations

(c) Add a new Article 1937 and Sentence 1937(1) to Sub-section 193 Special Conditions such that it would read as follows

1937 SPC-A(S) (Northwest of Bond Street East and Ritson Road North)

1937(1) Notwithstanding any other provision of this By-law to the contrary in any SPC- A(5) Zone as shown on Schedule A to this Bylaw the following are the only permitted uses

(a) Animal hospital (b) Automobile rental establishment (c) Automobile sales and service establishment (d) Automobile supply store (e) Brew your own operation (f) Bulk beverage store (g) Bulk sales establishment (h) Catalogue store (i) Cinema U) Clothing warehouse (k) Club (I) Commercial recreation establishment (m) Financial Institution (n) Hardware store (o) Home appliance store (p) Home and auto supply store (q) Home decorating store (r) Home furnishing store (s) Home improvement store

395

Page 5 of 14

Report to the Development Item DS-14-65 Services Committee (Continued) - 2 - Meeting Date March 24 2014

42 Other Departments and Agencies

In the event Council approves the Recommendation other departments agencies the Building Industry Liaison Team (BILT) and the Durham Region Home Builders Association will be circulated the proposed amendments as set out in Attachment No 1 for review and comment as part of the formal amendment process

50 ANALYSIS

On June 6 1994 Council adopted Comprehensive Zoning By-law No 60-94 for the City of Oshawa During the process which led to the adoption of Zoning By-law No 60-94 Council was advised that this Department would regularly review and update the bylaw in order to address any problems keep the by-law current user friendly and able to expedite appropriate development

As a result of these regular reviews and updates Council has approved a number of City-initiated technical and housekeeping amendments to the Oshawa Official Plan and Zoning By-law No 60-94

It is now appropriate to consider another round of City-initiated amendments to the Oshawa Official Plan and Zoning By-law to address issues which have been identified since the last update The proposed amendments are set out in Attachment No 1 to this report

The proposed amendments are intended to improve customer service maintain the currency and effectiveness of the Oshawa Official Plan and Zoning By-law No 60-94 and reduce the number of Committee of Adjustment applications

60 FINANCIAL IMPLICATIONS

Anticipated costs to the City are included in the appropriate 2014 Departmental budgets and relate primarily to newspaper advertising costs for any public meeting and the passing of any by-laws

389

Report to the Development Item DS-14-65 Services Committee (Continued) - 3- Meeting Date March 24 2014

70 RESPONSE TO THE OSHAWA STRATEGIC PLAN

)gt The Recommendation advances the Accountable Leadership goal in the Oshawa Strategic Plan

Paul Ralph BES RPP Director Planning Services

Thomas B Hodgins A RPP Commissioner Development Services Department

MJc Attachment

J

390

DS-14-65 Attachment No 1

1 Zoning By-law Section 3 Zones and Zone Symbols Zoning By-law Section Map C2

Issue

On September 17 1990 City Council approved Official Plan Amendment and rezoning applications to permit a medical office building at 1226 King Street East subject to conditions

One condition required the owner to convey the valleyland portion at the rear of the site and an appropriate access easement from King Street East to the valleyland to the City upon the Citys demand in the site plan agreement

A site plan agreement dated July 27 1992 was executed and it included a requirement for the owner to convey the valleyland (now described as Part 5 Plan 40R-14385) and an access easement to the City upon the Citys demand

The proposed medical office building is not proceeding and as a result the conveyance of the valleylands and access easement has not occurred

The owner has requested that the site plan agreement for the medical office building at 1226 King Street East be rescinded and that the site improvement security be returned This is a reasonable request and staff will undertake rescinding the agreement

In order to keep track of the Council direction however the By-law should be amended to add a holding symbol requiring the owner to obtain site plan approval and as part of that convey the required valleyland and access easement to the City

Proposed Amendment

(a) Add Sentence 352(42) to Subsection 35 Holding h Zones as follows

352(42) h-42 Zone (1226 King Street East)

Purpose To ensure that

(a) Site plan approval is obtained from the City and that the site plan agreement contain provisions requiring the owner to convey Part 5 Plan 40R-14385 as valleyland and an appropriate access easement from King Street East to the valley land to the Citys satisfaction and at no cost and in a condition acceptable to the City

Permitted Interim Uses

(a) All uses permitted in a EU Zone

391

(b) Amend Map C2

2 Zoning By-law Section 3 Zones and Zone Symbols Zoning By-law Section 26 Open Space Zones Zoning By-law Section Maps B1 and B2

Issue

548 Simcoe Street South is owned by the Ministry of Transportation (MTO)

Rick Maeder of Durham Auto entered into a lease with MTO to use part of the property for a used car dealership

On June 12 2006 City Council considered a rezoning application submitted by Mr Maeder and passed a by-law to permit an automobile sales and service establishment for used vehicles at 548 Simcoe Street South as a temporary use until June 11 2009 This approval was conditional upon the applicant obtaining site plan approval from the City

The applicant obtained site plan approval in November 2008

On April 6 2009 City Council passed a by-law to extend the temporary use permission until June 112012

On April 30 2012 City Council passed a by-law to extend the temporary use permission until June112015

Part of the reason for the temporary use permission was because of the length of the lease with MTO It was also unclear whether the subject site was immediately needed for improvements to Highway 401 and Simcoe Street South interchange

MTO is currently in the process of undertaking an Environmental Assessment for Highway 401 improvements and advises that any Highway 401 improvements in this area are long term As a result MTO continues to extend the lease

Page 2 of 14J j

392

Based on MTOs advisement it is appropriate to rezone the lands to OSH(3) to permit an automobile sales and service establishment for used vehicles as a permanent use Requiring an application for an extension to the temporary use by-law every 3 years is unnecessary and an inefficient use of City resources

Proposed Amendment

(a) Delete Sentence 3122(3) (TEMP-3 Zone) which permits an automobile sales and service establishment for used vehicles as a temporary use

(b) Add a new Article 26316 and Sentence 26316(1) to Sub-section 263 Special Conditions such that it would read as follows

26316 OSH(3) Zone (548 Simcoe Street South)

26316(1) Notwithstanding any other provision of this By-law to the contrary in any OSH(3) Zone an automobile sales and service establishment for used vehicles shall be a permitted use

(c) Amend Maps B1 and B2

3 Zoning By-law Section 4 General Provisions

Issue

Zoning By-law No 60-94 currently permits certain encroachments into the required minimum yards

One of the permitted encroachments allows balconies on apartments buildings to encroach 15 m into a required minimum yard

The following proposed amendment would also permit roofs over balconies to encroach into a required minimum yard

393

Page 3 of 14

Proposed Amendment

(a) Add the words and roofs over balconies after the word Balconies to Item (e) in the first Column of Table 46 of Article 461 such that the first Column of Item (e) of Table 46 of Article 461 would read as follows

(e) Balconies and roofs over balconies on apartment buildings

4 Zoning By-law Section 4 General Provisions

Issue

Sub-section 413 of the Zoning By-law regulates the use of temporary sales offices and model homes within an approved draft plan of subdivision

One of the regulations for a temporary sales office or model home is that the fire hydrants must be fully operational to the satisfaction of the Region of Durham and in a location acceptable to the Citys Fire Services for such uses in the Major Urban Area according to the Oshawa Official Plan

In some cases a fire hydrant may not be fully operational depending on the status of the servicing of the subdivision

However another alternative firefighting system (eg tankscisterns) can be satisfactory to Oshawa Fire Services Therefore this regulation should be amended to allow the flexibility for the provision of an alternative firefighting system subject to the acceptance of the Citys Fire Services

Proposed Amendment

(a) Amend Article 4133 Item (c) by adding the words or alternative firefighting system is fully operational to the satisfaction of the Citys Fire Services after the word Plan such that Item (c) Article 4133 would read as follows

(c) The fire hydrants are fully operational to the satisfaction of the Region of Durham and in a location acceptable to the Citys Fire Services for such uses in the Major Urban Area according to the Oshawa Official Plan or an alternative firefighting system is fully operational to the satisfaction of the Citys Fire Services

5 Official Plan Section 24414- Industrial Section Official Plan Section Land Use Schedule A- South Half Zoning By-law Section Map B2 Zoning By-law Section Special Purpose Commercial ZonesGeneral Industrial

Issue

The proposed amendments relate to 226 Bond Street East (Oshawa Curling Club) and 240 Bond Street East (Cliff Mills Dealership) and 195 amp 215 William Street East (part of Cliff Mills Dealership)

394

Page 4 of 14

The existing use at 195 William Street East is the storage of inventory vehicles related to the Cliff Mills dealership pursuant to a Committee of Adjustment decision (File A-069-07)

The current Industrial Official Plan designation and Zoning for the subject lands is not appropriate given that they are located within the Main Central Area at a gateway to the Downtown

The Official Plan designation should be changed to Residential for 195 William Street East and Special Purpose Commercial for the balance of these lands

The properties should be rezoned to reflect more appropriate land uses including restricted SPCshyA (Special Purpose Commercial) uses for 226 and 240 Bond Street East and 215 William Street East and SO-B (Specialized Office) uses including a mix of office personal service daycare studio flats private school at 195 William Street East

Proposed Amendments

(a) Delete Section 24414 in the Industrial Section of the Oshawa Official Plan which permits an automobile sales and service establishment at 240 Bond Street East (Cliff Mills)

(b) Delete Gl(7) Zone in Article 298 and related Sentences which permit an automobile sales and service establishment as an additional use subject to the SPC-A Zone regulations

(c) Add a new Article 1937 and Sentence 1937(1) to Sub-section 193 Special Conditions such that it would read as follows

1937 SPC-A(S) (Northwest of Bond Street East and Ritson Road North)

1937(1) Notwithstanding any other provision of this By-law to the contrary in any SPC- A(5) Zone as shown on Schedule A to this Bylaw the following are the only permitted uses

(a) Animal hospital (b) Automobile rental establishment (c) Automobile sales and service establishment (d) Automobile supply store (e) Brew your own operation (f) Bulk beverage store (g) Bulk sales establishment (h) Catalogue store (i) Cinema U) Clothing warehouse (k) Club (I) Commercial recreation establishment (m) Financial Institution (n) Hardware store (o) Home appliance store (p) Home and auto supply store (q) Home decorating store (r) Home furnishing store (s) Home improvement store

395

Page 5 of 14

Report to the Development Item DS-14-65 Services Committee (Continued) - 3- Meeting Date March 24 2014

70 RESPONSE TO THE OSHAWA STRATEGIC PLAN

)gt The Recommendation advances the Accountable Leadership goal in the Oshawa Strategic Plan

Paul Ralph BES RPP Director Planning Services

Thomas B Hodgins A RPP Commissioner Development Services Department

MJc Attachment

J

390

DS-14-65 Attachment No 1

1 Zoning By-law Section 3 Zones and Zone Symbols Zoning By-law Section Map C2

Issue

On September 17 1990 City Council approved Official Plan Amendment and rezoning applications to permit a medical office building at 1226 King Street East subject to conditions

One condition required the owner to convey the valleyland portion at the rear of the site and an appropriate access easement from King Street East to the valleyland to the City upon the Citys demand in the site plan agreement

A site plan agreement dated July 27 1992 was executed and it included a requirement for the owner to convey the valleyland (now described as Part 5 Plan 40R-14385) and an access easement to the City upon the Citys demand

The proposed medical office building is not proceeding and as a result the conveyance of the valleylands and access easement has not occurred

The owner has requested that the site plan agreement for the medical office building at 1226 King Street East be rescinded and that the site improvement security be returned This is a reasonable request and staff will undertake rescinding the agreement

In order to keep track of the Council direction however the By-law should be amended to add a holding symbol requiring the owner to obtain site plan approval and as part of that convey the required valleyland and access easement to the City

Proposed Amendment

(a) Add Sentence 352(42) to Subsection 35 Holding h Zones as follows

352(42) h-42 Zone (1226 King Street East)

Purpose To ensure that

(a) Site plan approval is obtained from the City and that the site plan agreement contain provisions requiring the owner to convey Part 5 Plan 40R-14385 as valleyland and an appropriate access easement from King Street East to the valley land to the Citys satisfaction and at no cost and in a condition acceptable to the City

Permitted Interim Uses

(a) All uses permitted in a EU Zone

391

(b) Amend Map C2

2 Zoning By-law Section 3 Zones and Zone Symbols Zoning By-law Section 26 Open Space Zones Zoning By-law Section Maps B1 and B2

Issue

548 Simcoe Street South is owned by the Ministry of Transportation (MTO)

Rick Maeder of Durham Auto entered into a lease with MTO to use part of the property for a used car dealership

On June 12 2006 City Council considered a rezoning application submitted by Mr Maeder and passed a by-law to permit an automobile sales and service establishment for used vehicles at 548 Simcoe Street South as a temporary use until June 11 2009 This approval was conditional upon the applicant obtaining site plan approval from the City

The applicant obtained site plan approval in November 2008

On April 6 2009 City Council passed a by-law to extend the temporary use permission until June 112012

On April 30 2012 City Council passed a by-law to extend the temporary use permission until June112015

Part of the reason for the temporary use permission was because of the length of the lease with MTO It was also unclear whether the subject site was immediately needed for improvements to Highway 401 and Simcoe Street South interchange

MTO is currently in the process of undertaking an Environmental Assessment for Highway 401 improvements and advises that any Highway 401 improvements in this area are long term As a result MTO continues to extend the lease

Page 2 of 14J j

392

Based on MTOs advisement it is appropriate to rezone the lands to OSH(3) to permit an automobile sales and service establishment for used vehicles as a permanent use Requiring an application for an extension to the temporary use by-law every 3 years is unnecessary and an inefficient use of City resources

Proposed Amendment

(a) Delete Sentence 3122(3) (TEMP-3 Zone) which permits an automobile sales and service establishment for used vehicles as a temporary use

(b) Add a new Article 26316 and Sentence 26316(1) to Sub-section 263 Special Conditions such that it would read as follows

26316 OSH(3) Zone (548 Simcoe Street South)

26316(1) Notwithstanding any other provision of this By-law to the contrary in any OSH(3) Zone an automobile sales and service establishment for used vehicles shall be a permitted use

(c) Amend Maps B1 and B2

3 Zoning By-law Section 4 General Provisions

Issue

Zoning By-law No 60-94 currently permits certain encroachments into the required minimum yards

One of the permitted encroachments allows balconies on apartments buildings to encroach 15 m into a required minimum yard

The following proposed amendment would also permit roofs over balconies to encroach into a required minimum yard

393

Page 3 of 14

Proposed Amendment

(a) Add the words and roofs over balconies after the word Balconies to Item (e) in the first Column of Table 46 of Article 461 such that the first Column of Item (e) of Table 46 of Article 461 would read as follows

(e) Balconies and roofs over balconies on apartment buildings

4 Zoning By-law Section 4 General Provisions

Issue

Sub-section 413 of the Zoning By-law regulates the use of temporary sales offices and model homes within an approved draft plan of subdivision

One of the regulations for a temporary sales office or model home is that the fire hydrants must be fully operational to the satisfaction of the Region of Durham and in a location acceptable to the Citys Fire Services for such uses in the Major Urban Area according to the Oshawa Official Plan

In some cases a fire hydrant may not be fully operational depending on the status of the servicing of the subdivision

However another alternative firefighting system (eg tankscisterns) can be satisfactory to Oshawa Fire Services Therefore this regulation should be amended to allow the flexibility for the provision of an alternative firefighting system subject to the acceptance of the Citys Fire Services

Proposed Amendment

(a) Amend Article 4133 Item (c) by adding the words or alternative firefighting system is fully operational to the satisfaction of the Citys Fire Services after the word Plan such that Item (c) Article 4133 would read as follows

(c) The fire hydrants are fully operational to the satisfaction of the Region of Durham and in a location acceptable to the Citys Fire Services for such uses in the Major Urban Area according to the Oshawa Official Plan or an alternative firefighting system is fully operational to the satisfaction of the Citys Fire Services

5 Official Plan Section 24414- Industrial Section Official Plan Section Land Use Schedule A- South Half Zoning By-law Section Map B2 Zoning By-law Section Special Purpose Commercial ZonesGeneral Industrial

Issue

The proposed amendments relate to 226 Bond Street East (Oshawa Curling Club) and 240 Bond Street East (Cliff Mills Dealership) and 195 amp 215 William Street East (part of Cliff Mills Dealership)

394

Page 4 of 14

The existing use at 195 William Street East is the storage of inventory vehicles related to the Cliff Mills dealership pursuant to a Committee of Adjustment decision (File A-069-07)

The current Industrial Official Plan designation and Zoning for the subject lands is not appropriate given that they are located within the Main Central Area at a gateway to the Downtown

The Official Plan designation should be changed to Residential for 195 William Street East and Special Purpose Commercial for the balance of these lands

The properties should be rezoned to reflect more appropriate land uses including restricted SPCshyA (Special Purpose Commercial) uses for 226 and 240 Bond Street East and 215 William Street East and SO-B (Specialized Office) uses including a mix of office personal service daycare studio flats private school at 195 William Street East

Proposed Amendments

(a) Delete Section 24414 in the Industrial Section of the Oshawa Official Plan which permits an automobile sales and service establishment at 240 Bond Street East (Cliff Mills)

(b) Delete Gl(7) Zone in Article 298 and related Sentences which permit an automobile sales and service establishment as an additional use subject to the SPC-A Zone regulations

(c) Add a new Article 1937 and Sentence 1937(1) to Sub-section 193 Special Conditions such that it would read as follows

1937 SPC-A(S) (Northwest of Bond Street East and Ritson Road North)

1937(1) Notwithstanding any other provision of this By-law to the contrary in any SPC- A(5) Zone as shown on Schedule A to this Bylaw the following are the only permitted uses

(a) Animal hospital (b) Automobile rental establishment (c) Automobile sales and service establishment (d) Automobile supply store (e) Brew your own operation (f) Bulk beverage store (g) Bulk sales establishment (h) Catalogue store (i) Cinema U) Clothing warehouse (k) Club (I) Commercial recreation establishment (m) Financial Institution (n) Hardware store (o) Home appliance store (p) Home and auto supply store (q) Home decorating store (r) Home furnishing store (s) Home improvement store

395

Page 5 of 14

DS-14-65 Attachment No 1

1 Zoning By-law Section 3 Zones and Zone Symbols Zoning By-law Section Map C2

Issue

On September 17 1990 City Council approved Official Plan Amendment and rezoning applications to permit a medical office building at 1226 King Street East subject to conditions

One condition required the owner to convey the valleyland portion at the rear of the site and an appropriate access easement from King Street East to the valleyland to the City upon the Citys demand in the site plan agreement

A site plan agreement dated July 27 1992 was executed and it included a requirement for the owner to convey the valleyland (now described as Part 5 Plan 40R-14385) and an access easement to the City upon the Citys demand

The proposed medical office building is not proceeding and as a result the conveyance of the valleylands and access easement has not occurred

The owner has requested that the site plan agreement for the medical office building at 1226 King Street East be rescinded and that the site improvement security be returned This is a reasonable request and staff will undertake rescinding the agreement

In order to keep track of the Council direction however the By-law should be amended to add a holding symbol requiring the owner to obtain site plan approval and as part of that convey the required valleyland and access easement to the City

Proposed Amendment

(a) Add Sentence 352(42) to Subsection 35 Holding h Zones as follows

352(42) h-42 Zone (1226 King Street East)

Purpose To ensure that

(a) Site plan approval is obtained from the City and that the site plan agreement contain provisions requiring the owner to convey Part 5 Plan 40R-14385 as valleyland and an appropriate access easement from King Street East to the valley land to the Citys satisfaction and at no cost and in a condition acceptable to the City

Permitted Interim Uses

(a) All uses permitted in a EU Zone

391

(b) Amend Map C2

2 Zoning By-law Section 3 Zones and Zone Symbols Zoning By-law Section 26 Open Space Zones Zoning By-law Section Maps B1 and B2

Issue

548 Simcoe Street South is owned by the Ministry of Transportation (MTO)

Rick Maeder of Durham Auto entered into a lease with MTO to use part of the property for a used car dealership

On June 12 2006 City Council considered a rezoning application submitted by Mr Maeder and passed a by-law to permit an automobile sales and service establishment for used vehicles at 548 Simcoe Street South as a temporary use until June 11 2009 This approval was conditional upon the applicant obtaining site plan approval from the City

The applicant obtained site plan approval in November 2008

On April 6 2009 City Council passed a by-law to extend the temporary use permission until June 112012

On April 30 2012 City Council passed a by-law to extend the temporary use permission until June112015

Part of the reason for the temporary use permission was because of the length of the lease with MTO It was also unclear whether the subject site was immediately needed for improvements to Highway 401 and Simcoe Street South interchange

MTO is currently in the process of undertaking an Environmental Assessment for Highway 401 improvements and advises that any Highway 401 improvements in this area are long term As a result MTO continues to extend the lease

Page 2 of 14J j

392

Based on MTOs advisement it is appropriate to rezone the lands to OSH(3) to permit an automobile sales and service establishment for used vehicles as a permanent use Requiring an application for an extension to the temporary use by-law every 3 years is unnecessary and an inefficient use of City resources

Proposed Amendment

(a) Delete Sentence 3122(3) (TEMP-3 Zone) which permits an automobile sales and service establishment for used vehicles as a temporary use

(b) Add a new Article 26316 and Sentence 26316(1) to Sub-section 263 Special Conditions such that it would read as follows

26316 OSH(3) Zone (548 Simcoe Street South)

26316(1) Notwithstanding any other provision of this By-law to the contrary in any OSH(3) Zone an automobile sales and service establishment for used vehicles shall be a permitted use

(c) Amend Maps B1 and B2

3 Zoning By-law Section 4 General Provisions

Issue

Zoning By-law No 60-94 currently permits certain encroachments into the required minimum yards

One of the permitted encroachments allows balconies on apartments buildings to encroach 15 m into a required minimum yard

The following proposed amendment would also permit roofs over balconies to encroach into a required minimum yard

393

Page 3 of 14

Proposed Amendment

(a) Add the words and roofs over balconies after the word Balconies to Item (e) in the first Column of Table 46 of Article 461 such that the first Column of Item (e) of Table 46 of Article 461 would read as follows

(e) Balconies and roofs over balconies on apartment buildings

4 Zoning By-law Section 4 General Provisions

Issue

Sub-section 413 of the Zoning By-law regulates the use of temporary sales offices and model homes within an approved draft plan of subdivision

One of the regulations for a temporary sales office or model home is that the fire hydrants must be fully operational to the satisfaction of the Region of Durham and in a location acceptable to the Citys Fire Services for such uses in the Major Urban Area according to the Oshawa Official Plan

In some cases a fire hydrant may not be fully operational depending on the status of the servicing of the subdivision

However another alternative firefighting system (eg tankscisterns) can be satisfactory to Oshawa Fire Services Therefore this regulation should be amended to allow the flexibility for the provision of an alternative firefighting system subject to the acceptance of the Citys Fire Services

Proposed Amendment

(a) Amend Article 4133 Item (c) by adding the words or alternative firefighting system is fully operational to the satisfaction of the Citys Fire Services after the word Plan such that Item (c) Article 4133 would read as follows

(c) The fire hydrants are fully operational to the satisfaction of the Region of Durham and in a location acceptable to the Citys Fire Services for such uses in the Major Urban Area according to the Oshawa Official Plan or an alternative firefighting system is fully operational to the satisfaction of the Citys Fire Services

5 Official Plan Section 24414- Industrial Section Official Plan Section Land Use Schedule A- South Half Zoning By-law Section Map B2 Zoning By-law Section Special Purpose Commercial ZonesGeneral Industrial

Issue

The proposed amendments relate to 226 Bond Street East (Oshawa Curling Club) and 240 Bond Street East (Cliff Mills Dealership) and 195 amp 215 William Street East (part of Cliff Mills Dealership)

394

Page 4 of 14

The existing use at 195 William Street East is the storage of inventory vehicles related to the Cliff Mills dealership pursuant to a Committee of Adjustment decision (File A-069-07)

The current Industrial Official Plan designation and Zoning for the subject lands is not appropriate given that they are located within the Main Central Area at a gateway to the Downtown

The Official Plan designation should be changed to Residential for 195 William Street East and Special Purpose Commercial for the balance of these lands

The properties should be rezoned to reflect more appropriate land uses including restricted SPCshyA (Special Purpose Commercial) uses for 226 and 240 Bond Street East and 215 William Street East and SO-B (Specialized Office) uses including a mix of office personal service daycare studio flats private school at 195 William Street East

Proposed Amendments

(a) Delete Section 24414 in the Industrial Section of the Oshawa Official Plan which permits an automobile sales and service establishment at 240 Bond Street East (Cliff Mills)

(b) Delete Gl(7) Zone in Article 298 and related Sentences which permit an automobile sales and service establishment as an additional use subject to the SPC-A Zone regulations

(c) Add a new Article 1937 and Sentence 1937(1) to Sub-section 193 Special Conditions such that it would read as follows

1937 SPC-A(S) (Northwest of Bond Street East and Ritson Road North)

1937(1) Notwithstanding any other provision of this By-law to the contrary in any SPC- A(5) Zone as shown on Schedule A to this Bylaw the following are the only permitted uses

(a) Animal hospital (b) Automobile rental establishment (c) Automobile sales and service establishment (d) Automobile supply store (e) Brew your own operation (f) Bulk beverage store (g) Bulk sales establishment (h) Catalogue store (i) Cinema U) Clothing warehouse (k) Club (I) Commercial recreation establishment (m) Financial Institution (n) Hardware store (o) Home appliance store (p) Home and auto supply store (q) Home decorating store (r) Home furnishing store (s) Home improvement store

395

Page 5 of 14

(b) Amend Map C2

2 Zoning By-law Section 3 Zones and Zone Symbols Zoning By-law Section 26 Open Space Zones Zoning By-law Section Maps B1 and B2

Issue

548 Simcoe Street South is owned by the Ministry of Transportation (MTO)

Rick Maeder of Durham Auto entered into a lease with MTO to use part of the property for a used car dealership

On June 12 2006 City Council considered a rezoning application submitted by Mr Maeder and passed a by-law to permit an automobile sales and service establishment for used vehicles at 548 Simcoe Street South as a temporary use until June 11 2009 This approval was conditional upon the applicant obtaining site plan approval from the City

The applicant obtained site plan approval in November 2008

On April 6 2009 City Council passed a by-law to extend the temporary use permission until June 112012

On April 30 2012 City Council passed a by-law to extend the temporary use permission until June112015

Part of the reason for the temporary use permission was because of the length of the lease with MTO It was also unclear whether the subject site was immediately needed for improvements to Highway 401 and Simcoe Street South interchange

MTO is currently in the process of undertaking an Environmental Assessment for Highway 401 improvements and advises that any Highway 401 improvements in this area are long term As a result MTO continues to extend the lease

Page 2 of 14J j

392

Based on MTOs advisement it is appropriate to rezone the lands to OSH(3) to permit an automobile sales and service establishment for used vehicles as a permanent use Requiring an application for an extension to the temporary use by-law every 3 years is unnecessary and an inefficient use of City resources

Proposed Amendment

(a) Delete Sentence 3122(3) (TEMP-3 Zone) which permits an automobile sales and service establishment for used vehicles as a temporary use

(b) Add a new Article 26316 and Sentence 26316(1) to Sub-section 263 Special Conditions such that it would read as follows

26316 OSH(3) Zone (548 Simcoe Street South)

26316(1) Notwithstanding any other provision of this By-law to the contrary in any OSH(3) Zone an automobile sales and service establishment for used vehicles shall be a permitted use

(c) Amend Maps B1 and B2

3 Zoning By-law Section 4 General Provisions

Issue

Zoning By-law No 60-94 currently permits certain encroachments into the required minimum yards

One of the permitted encroachments allows balconies on apartments buildings to encroach 15 m into a required minimum yard

The following proposed amendment would also permit roofs over balconies to encroach into a required minimum yard

393

Page 3 of 14

Proposed Amendment

(a) Add the words and roofs over balconies after the word Balconies to Item (e) in the first Column of Table 46 of Article 461 such that the first Column of Item (e) of Table 46 of Article 461 would read as follows

(e) Balconies and roofs over balconies on apartment buildings

4 Zoning By-law Section 4 General Provisions

Issue

Sub-section 413 of the Zoning By-law regulates the use of temporary sales offices and model homes within an approved draft plan of subdivision

One of the regulations for a temporary sales office or model home is that the fire hydrants must be fully operational to the satisfaction of the Region of Durham and in a location acceptable to the Citys Fire Services for such uses in the Major Urban Area according to the Oshawa Official Plan

In some cases a fire hydrant may not be fully operational depending on the status of the servicing of the subdivision

However another alternative firefighting system (eg tankscisterns) can be satisfactory to Oshawa Fire Services Therefore this regulation should be amended to allow the flexibility for the provision of an alternative firefighting system subject to the acceptance of the Citys Fire Services

Proposed Amendment

(a) Amend Article 4133 Item (c) by adding the words or alternative firefighting system is fully operational to the satisfaction of the Citys Fire Services after the word Plan such that Item (c) Article 4133 would read as follows

(c) The fire hydrants are fully operational to the satisfaction of the Region of Durham and in a location acceptable to the Citys Fire Services for such uses in the Major Urban Area according to the Oshawa Official Plan or an alternative firefighting system is fully operational to the satisfaction of the Citys Fire Services

5 Official Plan Section 24414- Industrial Section Official Plan Section Land Use Schedule A- South Half Zoning By-law Section Map B2 Zoning By-law Section Special Purpose Commercial ZonesGeneral Industrial

Issue

The proposed amendments relate to 226 Bond Street East (Oshawa Curling Club) and 240 Bond Street East (Cliff Mills Dealership) and 195 amp 215 William Street East (part of Cliff Mills Dealership)

394

Page 4 of 14

The existing use at 195 William Street East is the storage of inventory vehicles related to the Cliff Mills dealership pursuant to a Committee of Adjustment decision (File A-069-07)

The current Industrial Official Plan designation and Zoning for the subject lands is not appropriate given that they are located within the Main Central Area at a gateway to the Downtown

The Official Plan designation should be changed to Residential for 195 William Street East and Special Purpose Commercial for the balance of these lands

The properties should be rezoned to reflect more appropriate land uses including restricted SPCshyA (Special Purpose Commercial) uses for 226 and 240 Bond Street East and 215 William Street East and SO-B (Specialized Office) uses including a mix of office personal service daycare studio flats private school at 195 William Street East

Proposed Amendments

(a) Delete Section 24414 in the Industrial Section of the Oshawa Official Plan which permits an automobile sales and service establishment at 240 Bond Street East (Cliff Mills)

(b) Delete Gl(7) Zone in Article 298 and related Sentences which permit an automobile sales and service establishment as an additional use subject to the SPC-A Zone regulations

(c) Add a new Article 1937 and Sentence 1937(1) to Sub-section 193 Special Conditions such that it would read as follows

1937 SPC-A(S) (Northwest of Bond Street East and Ritson Road North)

1937(1) Notwithstanding any other provision of this By-law to the contrary in any SPC- A(5) Zone as shown on Schedule A to this Bylaw the following are the only permitted uses

(a) Animal hospital (b) Automobile rental establishment (c) Automobile sales and service establishment (d) Automobile supply store (e) Brew your own operation (f) Bulk beverage store (g) Bulk sales establishment (h) Catalogue store (i) Cinema U) Clothing warehouse (k) Club (I) Commercial recreation establishment (m) Financial Institution (n) Hardware store (o) Home appliance store (p) Home and auto supply store (q) Home decorating store (r) Home furnishing store (s) Home improvement store

395

Page 5 of 14

Based on MTOs advisement it is appropriate to rezone the lands to OSH(3) to permit an automobile sales and service establishment for used vehicles as a permanent use Requiring an application for an extension to the temporary use by-law every 3 years is unnecessary and an inefficient use of City resources

Proposed Amendment

(a) Delete Sentence 3122(3) (TEMP-3 Zone) which permits an automobile sales and service establishment for used vehicles as a temporary use

(b) Add a new Article 26316 and Sentence 26316(1) to Sub-section 263 Special Conditions such that it would read as follows

26316 OSH(3) Zone (548 Simcoe Street South)

26316(1) Notwithstanding any other provision of this By-law to the contrary in any OSH(3) Zone an automobile sales and service establishment for used vehicles shall be a permitted use

(c) Amend Maps B1 and B2

3 Zoning By-law Section 4 General Provisions

Issue

Zoning By-law No 60-94 currently permits certain encroachments into the required minimum yards

One of the permitted encroachments allows balconies on apartments buildings to encroach 15 m into a required minimum yard

The following proposed amendment would also permit roofs over balconies to encroach into a required minimum yard

393

Page 3 of 14

Proposed Amendment

(a) Add the words and roofs over balconies after the word Balconies to Item (e) in the first Column of Table 46 of Article 461 such that the first Column of Item (e) of Table 46 of Article 461 would read as follows

(e) Balconies and roofs over balconies on apartment buildings

4 Zoning By-law Section 4 General Provisions

Issue

Sub-section 413 of the Zoning By-law regulates the use of temporary sales offices and model homes within an approved draft plan of subdivision

One of the regulations for a temporary sales office or model home is that the fire hydrants must be fully operational to the satisfaction of the Region of Durham and in a location acceptable to the Citys Fire Services for such uses in the Major Urban Area according to the Oshawa Official Plan

In some cases a fire hydrant may not be fully operational depending on the status of the servicing of the subdivision

However another alternative firefighting system (eg tankscisterns) can be satisfactory to Oshawa Fire Services Therefore this regulation should be amended to allow the flexibility for the provision of an alternative firefighting system subject to the acceptance of the Citys Fire Services

Proposed Amendment

(a) Amend Article 4133 Item (c) by adding the words or alternative firefighting system is fully operational to the satisfaction of the Citys Fire Services after the word Plan such that Item (c) Article 4133 would read as follows

(c) The fire hydrants are fully operational to the satisfaction of the Region of Durham and in a location acceptable to the Citys Fire Services for such uses in the Major Urban Area according to the Oshawa Official Plan or an alternative firefighting system is fully operational to the satisfaction of the Citys Fire Services

5 Official Plan Section 24414- Industrial Section Official Plan Section Land Use Schedule A- South Half Zoning By-law Section Map B2 Zoning By-law Section Special Purpose Commercial ZonesGeneral Industrial

Issue

The proposed amendments relate to 226 Bond Street East (Oshawa Curling Club) and 240 Bond Street East (Cliff Mills Dealership) and 195 amp 215 William Street East (part of Cliff Mills Dealership)

394

Page 4 of 14

The existing use at 195 William Street East is the storage of inventory vehicles related to the Cliff Mills dealership pursuant to a Committee of Adjustment decision (File A-069-07)

The current Industrial Official Plan designation and Zoning for the subject lands is not appropriate given that they are located within the Main Central Area at a gateway to the Downtown

The Official Plan designation should be changed to Residential for 195 William Street East and Special Purpose Commercial for the balance of these lands

The properties should be rezoned to reflect more appropriate land uses including restricted SPCshyA (Special Purpose Commercial) uses for 226 and 240 Bond Street East and 215 William Street East and SO-B (Specialized Office) uses including a mix of office personal service daycare studio flats private school at 195 William Street East

Proposed Amendments

(a) Delete Section 24414 in the Industrial Section of the Oshawa Official Plan which permits an automobile sales and service establishment at 240 Bond Street East (Cliff Mills)

(b) Delete Gl(7) Zone in Article 298 and related Sentences which permit an automobile sales and service establishment as an additional use subject to the SPC-A Zone regulations

(c) Add a new Article 1937 and Sentence 1937(1) to Sub-section 193 Special Conditions such that it would read as follows

1937 SPC-A(S) (Northwest of Bond Street East and Ritson Road North)

1937(1) Notwithstanding any other provision of this By-law to the contrary in any SPC- A(5) Zone as shown on Schedule A to this Bylaw the following are the only permitted uses

(a) Animal hospital (b) Automobile rental establishment (c) Automobile sales and service establishment (d) Automobile supply store (e) Brew your own operation (f) Bulk beverage store (g) Bulk sales establishment (h) Catalogue store (i) Cinema U) Clothing warehouse (k) Club (I) Commercial recreation establishment (m) Financial Institution (n) Hardware store (o) Home appliance store (p) Home and auto supply store (q) Home decorating store (r) Home furnishing store (s) Home improvement store

395

Page 5 of 14

Proposed Amendment

(a) Add the words and roofs over balconies after the word Balconies to Item (e) in the first Column of Table 46 of Article 461 such that the first Column of Item (e) of Table 46 of Article 461 would read as follows

(e) Balconies and roofs over balconies on apartment buildings

4 Zoning By-law Section 4 General Provisions

Issue

Sub-section 413 of the Zoning By-law regulates the use of temporary sales offices and model homes within an approved draft plan of subdivision

One of the regulations for a temporary sales office or model home is that the fire hydrants must be fully operational to the satisfaction of the Region of Durham and in a location acceptable to the Citys Fire Services for such uses in the Major Urban Area according to the Oshawa Official Plan

In some cases a fire hydrant may not be fully operational depending on the status of the servicing of the subdivision

However another alternative firefighting system (eg tankscisterns) can be satisfactory to Oshawa Fire Services Therefore this regulation should be amended to allow the flexibility for the provision of an alternative firefighting system subject to the acceptance of the Citys Fire Services

Proposed Amendment

(a) Amend Article 4133 Item (c) by adding the words or alternative firefighting system is fully operational to the satisfaction of the Citys Fire Services after the word Plan such that Item (c) Article 4133 would read as follows

(c) The fire hydrants are fully operational to the satisfaction of the Region of Durham and in a location acceptable to the Citys Fire Services for such uses in the Major Urban Area according to the Oshawa Official Plan or an alternative firefighting system is fully operational to the satisfaction of the Citys Fire Services

5 Official Plan Section 24414- Industrial Section Official Plan Section Land Use Schedule A- South Half Zoning By-law Section Map B2 Zoning By-law Section Special Purpose Commercial ZonesGeneral Industrial

Issue

The proposed amendments relate to 226 Bond Street East (Oshawa Curling Club) and 240 Bond Street East (Cliff Mills Dealership) and 195 amp 215 William Street East (part of Cliff Mills Dealership)

394

Page 4 of 14

The existing use at 195 William Street East is the storage of inventory vehicles related to the Cliff Mills dealership pursuant to a Committee of Adjustment decision (File A-069-07)

The current Industrial Official Plan designation and Zoning for the subject lands is not appropriate given that they are located within the Main Central Area at a gateway to the Downtown

The Official Plan designation should be changed to Residential for 195 William Street East and Special Purpose Commercial for the balance of these lands

The properties should be rezoned to reflect more appropriate land uses including restricted SPCshyA (Special Purpose Commercial) uses for 226 and 240 Bond Street East and 215 William Street East and SO-B (Specialized Office) uses including a mix of office personal service daycare studio flats private school at 195 William Street East

Proposed Amendments

(a) Delete Section 24414 in the Industrial Section of the Oshawa Official Plan which permits an automobile sales and service establishment at 240 Bond Street East (Cliff Mills)

(b) Delete Gl(7) Zone in Article 298 and related Sentences which permit an automobile sales and service establishment as an additional use subject to the SPC-A Zone regulations

(c) Add a new Article 1937 and Sentence 1937(1) to Sub-section 193 Special Conditions such that it would read as follows

1937 SPC-A(S) (Northwest of Bond Street East and Ritson Road North)

1937(1) Notwithstanding any other provision of this By-law to the contrary in any SPC- A(5) Zone as shown on Schedule A to this Bylaw the following are the only permitted uses

(a) Animal hospital (b) Automobile rental establishment (c) Automobile sales and service establishment (d) Automobile supply store (e) Brew your own operation (f) Bulk beverage store (g) Bulk sales establishment (h) Catalogue store (i) Cinema U) Clothing warehouse (k) Club (I) Commercial recreation establishment (m) Financial Institution (n) Hardware store (o) Home appliance store (p) Home and auto supply store (q) Home decorating store (r) Home furnishing store (s) Home improvement store

395

Page 5 of 14

The existing use at 195 William Street East is the storage of inventory vehicles related to the Cliff Mills dealership pursuant to a Committee of Adjustment decision (File A-069-07)

The current Industrial Official Plan designation and Zoning for the subject lands is not appropriate given that they are located within the Main Central Area at a gateway to the Downtown

The Official Plan designation should be changed to Residential for 195 William Street East and Special Purpose Commercial for the balance of these lands

The properties should be rezoned to reflect more appropriate land uses including restricted SPCshyA (Special Purpose Commercial) uses for 226 and 240 Bond Street East and 215 William Street East and SO-B (Specialized Office) uses including a mix of office personal service daycare studio flats private school at 195 William Street East

Proposed Amendments

(a) Delete Section 24414 in the Industrial Section of the Oshawa Official Plan which permits an automobile sales and service establishment at 240 Bond Street East (Cliff Mills)

(b) Delete Gl(7) Zone in Article 298 and related Sentences which permit an automobile sales and service establishment as an additional use subject to the SPC-A Zone regulations

(c) Add a new Article 1937 and Sentence 1937(1) to Sub-section 193 Special Conditions such that it would read as follows

1937 SPC-A(S) (Northwest of Bond Street East and Ritson Road North)

1937(1) Notwithstanding any other provision of this By-law to the contrary in any SPC- A(5) Zone as shown on Schedule A to this Bylaw the following are the only permitted uses

(a) Animal hospital (b) Automobile rental establishment (c) Automobile sales and service establishment (d) Automobile supply store (e) Brew your own operation (f) Bulk beverage store (g) Bulk sales establishment (h) Catalogue store (i) Cinema U) Clothing warehouse (k) Club (I) Commercial recreation establishment (m) Financial Institution (n) Hardware store (o) Home appliance store (p) Home and auto supply store (q) Home decorating store (r) Home furnishing store (s) Home improvement store

395

Page 5 of 14

(t) Liquor beer or wine store (u) Merchandise service shop (v) Nursery and garden store (w) Outdoor storage accessory to a permitted use in the SPC-A(5) Zone (x) Peddle (y) Printing establishment (z) Professional office (aa) Restaurant (bb) Retail warehouse (cc) Studio (dd) Wholesale establishment

(d) Amend Land Use Schedule A- South Half of the Oshawa Official Plan and Zoning By-law Map B2

6 Zoning By-law Section 39 Parking and Loading

Issue

The provision of new residential units in the Downtown is strongly encouraged More residential units will contribute to a more active Downtown It is appropriate to remove unnecessary barriers to achieve more flats above commercial uses in the Downtown One of the barriers is the requirement for one parking space for each flat in a building which contains 3 or more flats in the Downtown Parking Exempt Area Property owners in some cases want to convert unused officecommercial floor space above the first floor to residential flats but have no parking available on site given the historical built form in the Downtown

A flat by definition under Zoning By-law No 60-94 reads as follows

FLAT means a dwelling unit with the following characteristics

(a) It is located within a building not exceeding four storeys in height which building contains commercial uses on the first floor

(b) It is not located on the first floor Page 6 of 14

396

(c) It is completely separated from Commercial Uses and (d) It has an independent entrance either directly from the outside or through a common

vestibule or hallway

For the purposes of this definition storey refers to storeys other than basements and the first floor is the floor other than a basement closest to the ground level

The City has approved a number of Committee of Adjustment applications to allow many flats without the provision of any parking The Zoning By-law should be changed to allow more flats in the Downtown without the need for providing parking It should be noted that the City is not obligated to provide parking for flats

Proposed Amendment

(a) Add a new Article 39104 as follows

39104 Notwithstanding Article 39101 and Article 39102 to the contrary within the area described therein no parking spaces are required for the first 10 flats in a building and 1 parking space shall be provided for each flat that exceeds the 10 flats in the building

7 Zoning By-law Section Map A3

Issue

In 2006 the City approved a rezoning application submitted by the Owner (Kia Motors) of 500 Taunton Road West to rezone the site to permit an automobile sales and service establishment During the public process there were no concerns raised from the public and adjacent land owners In 2008 Kia Motors obtained site plan approval from the City and developed the site During the site plan approval process Kia Motors expressed an interest in expanding the site in the future Since that time the Kia Motors has acquired the abutting lands to the east municipally known as 496 Taunton Road West With the lack of any public objection received during the previous rezoning process and with Kia Motors acquiring new lands abutting the site it is appropriate for the City to rezone part of 496 Taunton Road West to permit an automobile sales

Page 7 of 14

397

J i

and service establishment under the SI-A(10) (Select Industrial) zoning that currently applies to 500 Taunton Road West

Proposed Amendment

(a) Amend Map A3

FROM SI-A( 11 )h-39SI-A( 14)h-60 TO SI-A(11 )h-39SI-A(1 O)SI-A(14)h-60

8 Zoning By-law Section Map A3 Zoning By-law Section 28 Select Industrial

Issue

The rear portion of 864 Taunton Road West is currently zoned SI-A(4) (Select Industrial) and UR (Urban Reserve) whereas the front portion of the property is currently zoned SPC-A (Special Purpose Commercial) The rear portion of the property should be rezoned to SPC-A to be consistent with the current zoning on the front portion of the property

Proposed Amendment

(a) Delete Article 2835 and Sentence 2835(1) which permits only a building supply shop and outdoor accessory storage under the SI-A(4) Zone

398

Page 8 of 14

(b) Amend Map A3

9 Zoning By-law Section Map 82

Issue

The northern part of 515 Normandy Street is owned by Durham Regional Local Housing Corporation and is occupied by a semi-detached dwelling use which is not permitted in the current R4-AR6-B (Residential) zoning The R4-AR6-B zoning was inadvertently applied to this portion of 515 Normandy Street The site should be rezoned from R4-AR6-B (Residential) to R2 (Residential) so that all of 515 Normandy Street is in the same zone The R2 Zone permits in part a semi-detached dwelling

Proposed Amendment

(a) Amend Map 82

399

Page 9 of 14

10 Zoning By-law Section Map B2

Issue

185 Hillcroft Street is currently subject to applications for an amendment to the Oshawa Official Plan and Zoning By-law No 60-94 (Files B-31 00-0364 amp Z-2013-08) to permit an apartment building During the review of the those applications it is has been determined that a portion of the Citys Connaught Park to the rear of 185 Hillcroft Street is currently zoned GISI-A (General IndustrialSelect Industrial) The City-owned lands should be rezoned from GISI-A (General IndustrialSelect Industrial) to OSP (Park Open Space) to be consistent with the zoning of the balance of Connaught Park

Proposed Amendment

(a) Amend Map B2

11 Zoning By-law Section Map B3

Issue

There are developable lands on the south side of Beatrice Street East between the creek valley and the Michael Starr trail The area of the land is approximately 770 square metres (019 ac) These lands are designated as Residential in the Oshawa Official Plan but are currently zoned OSH (Hazard Lands Open Space) The subject lands are appropriate for residential intensification along an arterial road and close to transit routes Therefore it is appropriate for the City to rezone the subject lands from OSH (Hazard Lands Open Space) to R4-AR6-A (Residential) which permits block townhouses and a small apartment building

400

Page 10 of 14

Proposed Amendment

(a) Amend Map B3

12 Zoning By-law Section Map C2

Issue

The northeast part of the Donevan Recreation Complex site is used for parking and is zoned R1shyCCIN (ResidentialCommunity Institutional) It is appropriate to amend Map C2 by changing the zoning from R1-CCIN (ResidentialCommunity Institutional) to OSU (Urban Open Space) to reflect the current use of the lands as a parking area associated with a recreational facility and to be consistent with the zoning for the balance of the lands for the complex

Proposed Amendment

(a) Amend Map C2

401

Page 11 of 14

13 Official Plan Section -Section 93 -Zoning By-laws

Issue

If a study is required to be undertaken to facilitate development in areas where there is fragmented ownership the City may carry out this study at the Citys cost The developer(s) however will ultimately benefit from the study being undertaken Sub-section 934 of the Oshawa Official Plan permits a holding symbol to be used in situations where the specific future use of land is known but development is premature until certain requirements have been satisfied including but not limited to adequate services being available any environmental constraints being resolved sufficient market demand being available and site plan approval being obtained The Official Plan should be amended to add a new requirement that allows the City to collect as appropriate any City costs expended on studies from a benefitting developer It is appropriate to make this amendment because the sharing of costs associated with studies that facilitate development is equitable

Proposed Amendment

(a) Amend Section 934 by deleting the word and from the end of Item (f) and deleting at the end of Item (g) and replacing with and adding a new Item (h) that would read as follows

(h) That any costs associated with undertaking appropriate studies that facilitate development and that are paid for by the City be reimbursed by the owner on a proportionate basis to the satisfaction of the City

14 Official Plan Section Land Use Schedule A- North Half Zoning By-law Section Map- North Half Zoning By-law Section Section 3 Zones and Zone Symbols

Issue

The proposed amendments are related to certain lands south of Winchester Road East and east of Bridle Road north of the TransCanadaEnbridge pipeline and certain lands north of Winchester Road East east of Bridle Road south of the Hydro Corridor

The current Agricultural Official Plan designation and Agricultural Zoning for the lands is not appropriate given that they are designated Employment Area in the Durham Regional Official Plan Also this area was impacted by the shifting of the Highway 407 corridor from south of Winchester Road East to north of the hydro corridor

The Kedron Planning Study which included the Part II Plan for the Kedron Planning Area and Concept Plans for the North Kedron Industrial Area and East Windfields Industrial Area was completed in 2013 This work forms part of the background studies for a comprehensive review of the Citys Official Plan The Kedron Part II Plan was adopted by City Council in January 2014 for the Ked ron Planning Area and was subsequent~y delivered to the Region for approval

The East Windfields Industrial Area concept was approved by City Council in May 2013 At that time the East Windfields Industrial Area Concept Plan for those lands north of the TransCanadaEnbridge Pipelines was endorsed to serve as a guide for development and staff

402

Page 12 of 14

were directed to consider the redesignation of all of these lands to Industrial in the Oshawa Official Plan as part of the Citys Growth Plan conformity exercise

It is appropriate to advance this portion of the East Windfields Industrial Area concept north of the pipelines at this time to allow for industrial uses along this portion of Winchester Road East

Land Use Schedule A - North Half of the Oshawa Official Plan should be amended to designate the developable portion of the subject lands as Industrial the creek valley portion as Open Space Recreation adjust the Urban Area Boundary and to respect the limits of the Provincial Greenbelt Plan Zoning By-law Map- North Half should be amended by rezoning the subject lands from AG-A (Agricultural) to OSH (Hazard Lands Open Space) and SI-B (Select Industrial) Zone subject to a holding symbol The holding symbol would apply to the lands being zoned SI-B and would require the owner to go through the site plan approval process and ensure that appropriate middotarrangements are made for adequate services such as stormwater water and sanitary and transportation services

Proposed Amendments

(a) Add Sentence 352(45) to Subsection 35 Holding h Zones as follows

352(45) h-45 Zone (Certain lands north and south of Winchester Road East and east of Bridle Road)

Purpose To ensure that

(a) Site plan approval is obtained from the City and (b) Appropriate arrangements shall be made for the provision of adequate

sanitary water storm and transportation services to serve the development

Permitted Interim Uses

(a) All uses permitted in a EU Zone

lr -J Page 13 of 14

403

(b) Amend Land Use Schedule A- North Half of the Oshawa Official Plan and Zoning By-law Map - North Half

FROM Industrial L N TO Open Space amp Recreation

404

Page 14 of 14

(c) It is completely separated from Commercial Uses and (d) It has an independent entrance either directly from the outside or through a common

vestibule or hallway

For the purposes of this definition storey refers to storeys other than basements and the first floor is the floor other than a basement closest to the ground level

The City has approved a number of Committee of Adjustment applications to allow many flats without the provision of any parking The Zoning By-law should be changed to allow more flats in the Downtown without the need for providing parking It should be noted that the City is not obligated to provide parking for flats

Proposed Amendment

(a) Add a new Article 39104 as follows

39104 Notwithstanding Article 39101 and Article 39102 to the contrary within the area described therein no parking spaces are required for the first 10 flats in a building and 1 parking space shall be provided for each flat that exceeds the 10 flats in the building

7 Zoning By-law Section Map A3

Issue

In 2006 the City approved a rezoning application submitted by the Owner (Kia Motors) of 500 Taunton Road West to rezone the site to permit an automobile sales and service establishment During the public process there were no concerns raised from the public and adjacent land owners In 2008 Kia Motors obtained site plan approval from the City and developed the site During the site plan approval process Kia Motors expressed an interest in expanding the site in the future Since that time the Kia Motors has acquired the abutting lands to the east municipally known as 496 Taunton Road West With the lack of any public objection received during the previous rezoning process and with Kia Motors acquiring new lands abutting the site it is appropriate for the City to rezone part of 496 Taunton Road West to permit an automobile sales

Page 7 of 14

397

J i

and service establishment under the SI-A(10) (Select Industrial) zoning that currently applies to 500 Taunton Road West

Proposed Amendment

(a) Amend Map A3

FROM SI-A( 11 )h-39SI-A( 14)h-60 TO SI-A(11 )h-39SI-A(1 O)SI-A(14)h-60

8 Zoning By-law Section Map A3 Zoning By-law Section 28 Select Industrial

Issue

The rear portion of 864 Taunton Road West is currently zoned SI-A(4) (Select Industrial) and UR (Urban Reserve) whereas the front portion of the property is currently zoned SPC-A (Special Purpose Commercial) The rear portion of the property should be rezoned to SPC-A to be consistent with the current zoning on the front portion of the property

Proposed Amendment

(a) Delete Article 2835 and Sentence 2835(1) which permits only a building supply shop and outdoor accessory storage under the SI-A(4) Zone

398

Page 8 of 14

(b) Amend Map A3

9 Zoning By-law Section Map 82

Issue

The northern part of 515 Normandy Street is owned by Durham Regional Local Housing Corporation and is occupied by a semi-detached dwelling use which is not permitted in the current R4-AR6-B (Residential) zoning The R4-AR6-B zoning was inadvertently applied to this portion of 515 Normandy Street The site should be rezoned from R4-AR6-B (Residential) to R2 (Residential) so that all of 515 Normandy Street is in the same zone The R2 Zone permits in part a semi-detached dwelling

Proposed Amendment

(a) Amend Map 82

399

Page 9 of 14

10 Zoning By-law Section Map B2

Issue

185 Hillcroft Street is currently subject to applications for an amendment to the Oshawa Official Plan and Zoning By-law No 60-94 (Files B-31 00-0364 amp Z-2013-08) to permit an apartment building During the review of the those applications it is has been determined that a portion of the Citys Connaught Park to the rear of 185 Hillcroft Street is currently zoned GISI-A (General IndustrialSelect Industrial) The City-owned lands should be rezoned from GISI-A (General IndustrialSelect Industrial) to OSP (Park Open Space) to be consistent with the zoning of the balance of Connaught Park

Proposed Amendment

(a) Amend Map B2

11 Zoning By-law Section Map B3

Issue

There are developable lands on the south side of Beatrice Street East between the creek valley and the Michael Starr trail The area of the land is approximately 770 square metres (019 ac) These lands are designated as Residential in the Oshawa Official Plan but are currently zoned OSH (Hazard Lands Open Space) The subject lands are appropriate for residential intensification along an arterial road and close to transit routes Therefore it is appropriate for the City to rezone the subject lands from OSH (Hazard Lands Open Space) to R4-AR6-A (Residential) which permits block townhouses and a small apartment building

400

Page 10 of 14

Proposed Amendment

(a) Amend Map B3

12 Zoning By-law Section Map C2

Issue

The northeast part of the Donevan Recreation Complex site is used for parking and is zoned R1shyCCIN (ResidentialCommunity Institutional) It is appropriate to amend Map C2 by changing the zoning from R1-CCIN (ResidentialCommunity Institutional) to OSU (Urban Open Space) to reflect the current use of the lands as a parking area associated with a recreational facility and to be consistent with the zoning for the balance of the lands for the complex

Proposed Amendment

(a) Amend Map C2

401

Page 11 of 14

13 Official Plan Section -Section 93 -Zoning By-laws

Issue

If a study is required to be undertaken to facilitate development in areas where there is fragmented ownership the City may carry out this study at the Citys cost The developer(s) however will ultimately benefit from the study being undertaken Sub-section 934 of the Oshawa Official Plan permits a holding symbol to be used in situations where the specific future use of land is known but development is premature until certain requirements have been satisfied including but not limited to adequate services being available any environmental constraints being resolved sufficient market demand being available and site plan approval being obtained The Official Plan should be amended to add a new requirement that allows the City to collect as appropriate any City costs expended on studies from a benefitting developer It is appropriate to make this amendment because the sharing of costs associated with studies that facilitate development is equitable

Proposed Amendment

(a) Amend Section 934 by deleting the word and from the end of Item (f) and deleting at the end of Item (g) and replacing with and adding a new Item (h) that would read as follows

(h) That any costs associated with undertaking appropriate studies that facilitate development and that are paid for by the City be reimbursed by the owner on a proportionate basis to the satisfaction of the City

14 Official Plan Section Land Use Schedule A- North Half Zoning By-law Section Map- North Half Zoning By-law Section Section 3 Zones and Zone Symbols

Issue

The proposed amendments are related to certain lands south of Winchester Road East and east of Bridle Road north of the TransCanadaEnbridge pipeline and certain lands north of Winchester Road East east of Bridle Road south of the Hydro Corridor

The current Agricultural Official Plan designation and Agricultural Zoning for the lands is not appropriate given that they are designated Employment Area in the Durham Regional Official Plan Also this area was impacted by the shifting of the Highway 407 corridor from south of Winchester Road East to north of the hydro corridor

The Kedron Planning Study which included the Part II Plan for the Kedron Planning Area and Concept Plans for the North Kedron Industrial Area and East Windfields Industrial Area was completed in 2013 This work forms part of the background studies for a comprehensive review of the Citys Official Plan The Kedron Part II Plan was adopted by City Council in January 2014 for the Ked ron Planning Area and was subsequent~y delivered to the Region for approval

The East Windfields Industrial Area concept was approved by City Council in May 2013 At that time the East Windfields Industrial Area Concept Plan for those lands north of the TransCanadaEnbridge Pipelines was endorsed to serve as a guide for development and staff

402

Page 12 of 14

were directed to consider the redesignation of all of these lands to Industrial in the Oshawa Official Plan as part of the Citys Growth Plan conformity exercise

It is appropriate to advance this portion of the East Windfields Industrial Area concept north of the pipelines at this time to allow for industrial uses along this portion of Winchester Road East

Land Use Schedule A - North Half of the Oshawa Official Plan should be amended to designate the developable portion of the subject lands as Industrial the creek valley portion as Open Space Recreation adjust the Urban Area Boundary and to respect the limits of the Provincial Greenbelt Plan Zoning By-law Map- North Half should be amended by rezoning the subject lands from AG-A (Agricultural) to OSH (Hazard Lands Open Space) and SI-B (Select Industrial) Zone subject to a holding symbol The holding symbol would apply to the lands being zoned SI-B and would require the owner to go through the site plan approval process and ensure that appropriate middotarrangements are made for adequate services such as stormwater water and sanitary and transportation services

Proposed Amendments

(a) Add Sentence 352(45) to Subsection 35 Holding h Zones as follows

352(45) h-45 Zone (Certain lands north and south of Winchester Road East and east of Bridle Road)

Purpose To ensure that

(a) Site plan approval is obtained from the City and (b) Appropriate arrangements shall be made for the provision of adequate

sanitary water storm and transportation services to serve the development

Permitted Interim Uses

(a) All uses permitted in a EU Zone

lr -J Page 13 of 14

403

(b) Amend Land Use Schedule A- North Half of the Oshawa Official Plan and Zoning By-law Map - North Half

FROM Industrial L N TO Open Space amp Recreation

404

Page 14 of 14

and service establishment under the SI-A(10) (Select Industrial) zoning that currently applies to 500 Taunton Road West

Proposed Amendment

(a) Amend Map A3

FROM SI-A( 11 )h-39SI-A( 14)h-60 TO SI-A(11 )h-39SI-A(1 O)SI-A(14)h-60

8 Zoning By-law Section Map A3 Zoning By-law Section 28 Select Industrial

Issue

The rear portion of 864 Taunton Road West is currently zoned SI-A(4) (Select Industrial) and UR (Urban Reserve) whereas the front portion of the property is currently zoned SPC-A (Special Purpose Commercial) The rear portion of the property should be rezoned to SPC-A to be consistent with the current zoning on the front portion of the property

Proposed Amendment

(a) Delete Article 2835 and Sentence 2835(1) which permits only a building supply shop and outdoor accessory storage under the SI-A(4) Zone

398

Page 8 of 14

(b) Amend Map A3

9 Zoning By-law Section Map 82

Issue

The northern part of 515 Normandy Street is owned by Durham Regional Local Housing Corporation and is occupied by a semi-detached dwelling use which is not permitted in the current R4-AR6-B (Residential) zoning The R4-AR6-B zoning was inadvertently applied to this portion of 515 Normandy Street The site should be rezoned from R4-AR6-B (Residential) to R2 (Residential) so that all of 515 Normandy Street is in the same zone The R2 Zone permits in part a semi-detached dwelling

Proposed Amendment

(a) Amend Map 82

399

Page 9 of 14

10 Zoning By-law Section Map B2

Issue

185 Hillcroft Street is currently subject to applications for an amendment to the Oshawa Official Plan and Zoning By-law No 60-94 (Files B-31 00-0364 amp Z-2013-08) to permit an apartment building During the review of the those applications it is has been determined that a portion of the Citys Connaught Park to the rear of 185 Hillcroft Street is currently zoned GISI-A (General IndustrialSelect Industrial) The City-owned lands should be rezoned from GISI-A (General IndustrialSelect Industrial) to OSP (Park Open Space) to be consistent with the zoning of the balance of Connaught Park

Proposed Amendment

(a) Amend Map B2

11 Zoning By-law Section Map B3

Issue

There are developable lands on the south side of Beatrice Street East between the creek valley and the Michael Starr trail The area of the land is approximately 770 square metres (019 ac) These lands are designated as Residential in the Oshawa Official Plan but are currently zoned OSH (Hazard Lands Open Space) The subject lands are appropriate for residential intensification along an arterial road and close to transit routes Therefore it is appropriate for the City to rezone the subject lands from OSH (Hazard Lands Open Space) to R4-AR6-A (Residential) which permits block townhouses and a small apartment building

400

Page 10 of 14

Proposed Amendment

(a) Amend Map B3

12 Zoning By-law Section Map C2

Issue

The northeast part of the Donevan Recreation Complex site is used for parking and is zoned R1shyCCIN (ResidentialCommunity Institutional) It is appropriate to amend Map C2 by changing the zoning from R1-CCIN (ResidentialCommunity Institutional) to OSU (Urban Open Space) to reflect the current use of the lands as a parking area associated with a recreational facility and to be consistent with the zoning for the balance of the lands for the complex

Proposed Amendment

(a) Amend Map C2

401

Page 11 of 14

13 Official Plan Section -Section 93 -Zoning By-laws

Issue

If a study is required to be undertaken to facilitate development in areas where there is fragmented ownership the City may carry out this study at the Citys cost The developer(s) however will ultimately benefit from the study being undertaken Sub-section 934 of the Oshawa Official Plan permits a holding symbol to be used in situations where the specific future use of land is known but development is premature until certain requirements have been satisfied including but not limited to adequate services being available any environmental constraints being resolved sufficient market demand being available and site plan approval being obtained The Official Plan should be amended to add a new requirement that allows the City to collect as appropriate any City costs expended on studies from a benefitting developer It is appropriate to make this amendment because the sharing of costs associated with studies that facilitate development is equitable

Proposed Amendment

(a) Amend Section 934 by deleting the word and from the end of Item (f) and deleting at the end of Item (g) and replacing with and adding a new Item (h) that would read as follows

(h) That any costs associated with undertaking appropriate studies that facilitate development and that are paid for by the City be reimbursed by the owner on a proportionate basis to the satisfaction of the City

14 Official Plan Section Land Use Schedule A- North Half Zoning By-law Section Map- North Half Zoning By-law Section Section 3 Zones and Zone Symbols

Issue

The proposed amendments are related to certain lands south of Winchester Road East and east of Bridle Road north of the TransCanadaEnbridge pipeline and certain lands north of Winchester Road East east of Bridle Road south of the Hydro Corridor

The current Agricultural Official Plan designation and Agricultural Zoning for the lands is not appropriate given that they are designated Employment Area in the Durham Regional Official Plan Also this area was impacted by the shifting of the Highway 407 corridor from south of Winchester Road East to north of the hydro corridor

The Kedron Planning Study which included the Part II Plan for the Kedron Planning Area and Concept Plans for the North Kedron Industrial Area and East Windfields Industrial Area was completed in 2013 This work forms part of the background studies for a comprehensive review of the Citys Official Plan The Kedron Part II Plan was adopted by City Council in January 2014 for the Ked ron Planning Area and was subsequent~y delivered to the Region for approval

The East Windfields Industrial Area concept was approved by City Council in May 2013 At that time the East Windfields Industrial Area Concept Plan for those lands north of the TransCanadaEnbridge Pipelines was endorsed to serve as a guide for development and staff

402

Page 12 of 14

were directed to consider the redesignation of all of these lands to Industrial in the Oshawa Official Plan as part of the Citys Growth Plan conformity exercise

It is appropriate to advance this portion of the East Windfields Industrial Area concept north of the pipelines at this time to allow for industrial uses along this portion of Winchester Road East

Land Use Schedule A - North Half of the Oshawa Official Plan should be amended to designate the developable portion of the subject lands as Industrial the creek valley portion as Open Space Recreation adjust the Urban Area Boundary and to respect the limits of the Provincial Greenbelt Plan Zoning By-law Map- North Half should be amended by rezoning the subject lands from AG-A (Agricultural) to OSH (Hazard Lands Open Space) and SI-B (Select Industrial) Zone subject to a holding symbol The holding symbol would apply to the lands being zoned SI-B and would require the owner to go through the site plan approval process and ensure that appropriate middotarrangements are made for adequate services such as stormwater water and sanitary and transportation services

Proposed Amendments

(a) Add Sentence 352(45) to Subsection 35 Holding h Zones as follows

352(45) h-45 Zone (Certain lands north and south of Winchester Road East and east of Bridle Road)

Purpose To ensure that

(a) Site plan approval is obtained from the City and (b) Appropriate arrangements shall be made for the provision of adequate

sanitary water storm and transportation services to serve the development

Permitted Interim Uses

(a) All uses permitted in a EU Zone

lr -J Page 13 of 14

403

(b) Amend Land Use Schedule A- North Half of the Oshawa Official Plan and Zoning By-law Map - North Half

FROM Industrial L N TO Open Space amp Recreation

404

Page 14 of 14

(b) Amend Map A3

9 Zoning By-law Section Map 82

Issue

The northern part of 515 Normandy Street is owned by Durham Regional Local Housing Corporation and is occupied by a semi-detached dwelling use which is not permitted in the current R4-AR6-B (Residential) zoning The R4-AR6-B zoning was inadvertently applied to this portion of 515 Normandy Street The site should be rezoned from R4-AR6-B (Residential) to R2 (Residential) so that all of 515 Normandy Street is in the same zone The R2 Zone permits in part a semi-detached dwelling

Proposed Amendment

(a) Amend Map 82

399

Page 9 of 14

10 Zoning By-law Section Map B2

Issue

185 Hillcroft Street is currently subject to applications for an amendment to the Oshawa Official Plan and Zoning By-law No 60-94 (Files B-31 00-0364 amp Z-2013-08) to permit an apartment building During the review of the those applications it is has been determined that a portion of the Citys Connaught Park to the rear of 185 Hillcroft Street is currently zoned GISI-A (General IndustrialSelect Industrial) The City-owned lands should be rezoned from GISI-A (General IndustrialSelect Industrial) to OSP (Park Open Space) to be consistent with the zoning of the balance of Connaught Park

Proposed Amendment

(a) Amend Map B2

11 Zoning By-law Section Map B3

Issue

There are developable lands on the south side of Beatrice Street East between the creek valley and the Michael Starr trail The area of the land is approximately 770 square metres (019 ac) These lands are designated as Residential in the Oshawa Official Plan but are currently zoned OSH (Hazard Lands Open Space) The subject lands are appropriate for residential intensification along an arterial road and close to transit routes Therefore it is appropriate for the City to rezone the subject lands from OSH (Hazard Lands Open Space) to R4-AR6-A (Residential) which permits block townhouses and a small apartment building

400

Page 10 of 14

Proposed Amendment

(a) Amend Map B3

12 Zoning By-law Section Map C2

Issue

The northeast part of the Donevan Recreation Complex site is used for parking and is zoned R1shyCCIN (ResidentialCommunity Institutional) It is appropriate to amend Map C2 by changing the zoning from R1-CCIN (ResidentialCommunity Institutional) to OSU (Urban Open Space) to reflect the current use of the lands as a parking area associated with a recreational facility and to be consistent with the zoning for the balance of the lands for the complex

Proposed Amendment

(a) Amend Map C2

401

Page 11 of 14

13 Official Plan Section -Section 93 -Zoning By-laws

Issue

If a study is required to be undertaken to facilitate development in areas where there is fragmented ownership the City may carry out this study at the Citys cost The developer(s) however will ultimately benefit from the study being undertaken Sub-section 934 of the Oshawa Official Plan permits a holding symbol to be used in situations where the specific future use of land is known but development is premature until certain requirements have been satisfied including but not limited to adequate services being available any environmental constraints being resolved sufficient market demand being available and site plan approval being obtained The Official Plan should be amended to add a new requirement that allows the City to collect as appropriate any City costs expended on studies from a benefitting developer It is appropriate to make this amendment because the sharing of costs associated with studies that facilitate development is equitable

Proposed Amendment

(a) Amend Section 934 by deleting the word and from the end of Item (f) and deleting at the end of Item (g) and replacing with and adding a new Item (h) that would read as follows

(h) That any costs associated with undertaking appropriate studies that facilitate development and that are paid for by the City be reimbursed by the owner on a proportionate basis to the satisfaction of the City

14 Official Plan Section Land Use Schedule A- North Half Zoning By-law Section Map- North Half Zoning By-law Section Section 3 Zones and Zone Symbols

Issue

The proposed amendments are related to certain lands south of Winchester Road East and east of Bridle Road north of the TransCanadaEnbridge pipeline and certain lands north of Winchester Road East east of Bridle Road south of the Hydro Corridor

The current Agricultural Official Plan designation and Agricultural Zoning for the lands is not appropriate given that they are designated Employment Area in the Durham Regional Official Plan Also this area was impacted by the shifting of the Highway 407 corridor from south of Winchester Road East to north of the hydro corridor

The Kedron Planning Study which included the Part II Plan for the Kedron Planning Area and Concept Plans for the North Kedron Industrial Area and East Windfields Industrial Area was completed in 2013 This work forms part of the background studies for a comprehensive review of the Citys Official Plan The Kedron Part II Plan was adopted by City Council in January 2014 for the Ked ron Planning Area and was subsequent~y delivered to the Region for approval

The East Windfields Industrial Area concept was approved by City Council in May 2013 At that time the East Windfields Industrial Area Concept Plan for those lands north of the TransCanadaEnbridge Pipelines was endorsed to serve as a guide for development and staff

402

Page 12 of 14

were directed to consider the redesignation of all of these lands to Industrial in the Oshawa Official Plan as part of the Citys Growth Plan conformity exercise

It is appropriate to advance this portion of the East Windfields Industrial Area concept north of the pipelines at this time to allow for industrial uses along this portion of Winchester Road East

Land Use Schedule A - North Half of the Oshawa Official Plan should be amended to designate the developable portion of the subject lands as Industrial the creek valley portion as Open Space Recreation adjust the Urban Area Boundary and to respect the limits of the Provincial Greenbelt Plan Zoning By-law Map- North Half should be amended by rezoning the subject lands from AG-A (Agricultural) to OSH (Hazard Lands Open Space) and SI-B (Select Industrial) Zone subject to a holding symbol The holding symbol would apply to the lands being zoned SI-B and would require the owner to go through the site plan approval process and ensure that appropriate middotarrangements are made for adequate services such as stormwater water and sanitary and transportation services

Proposed Amendments

(a) Add Sentence 352(45) to Subsection 35 Holding h Zones as follows

352(45) h-45 Zone (Certain lands north and south of Winchester Road East and east of Bridle Road)

Purpose To ensure that

(a) Site plan approval is obtained from the City and (b) Appropriate arrangements shall be made for the provision of adequate

sanitary water storm and transportation services to serve the development

Permitted Interim Uses

(a) All uses permitted in a EU Zone

lr -J Page 13 of 14

403

(b) Amend Land Use Schedule A- North Half of the Oshawa Official Plan and Zoning By-law Map - North Half

FROM Industrial L N TO Open Space amp Recreation

404

Page 14 of 14

10 Zoning By-law Section Map B2

Issue

185 Hillcroft Street is currently subject to applications for an amendment to the Oshawa Official Plan and Zoning By-law No 60-94 (Files B-31 00-0364 amp Z-2013-08) to permit an apartment building During the review of the those applications it is has been determined that a portion of the Citys Connaught Park to the rear of 185 Hillcroft Street is currently zoned GISI-A (General IndustrialSelect Industrial) The City-owned lands should be rezoned from GISI-A (General IndustrialSelect Industrial) to OSP (Park Open Space) to be consistent with the zoning of the balance of Connaught Park

Proposed Amendment

(a) Amend Map B2

11 Zoning By-law Section Map B3

Issue

There are developable lands on the south side of Beatrice Street East between the creek valley and the Michael Starr trail The area of the land is approximately 770 square metres (019 ac) These lands are designated as Residential in the Oshawa Official Plan but are currently zoned OSH (Hazard Lands Open Space) The subject lands are appropriate for residential intensification along an arterial road and close to transit routes Therefore it is appropriate for the City to rezone the subject lands from OSH (Hazard Lands Open Space) to R4-AR6-A (Residential) which permits block townhouses and a small apartment building

400

Page 10 of 14

Proposed Amendment

(a) Amend Map B3

12 Zoning By-law Section Map C2

Issue

The northeast part of the Donevan Recreation Complex site is used for parking and is zoned R1shyCCIN (ResidentialCommunity Institutional) It is appropriate to amend Map C2 by changing the zoning from R1-CCIN (ResidentialCommunity Institutional) to OSU (Urban Open Space) to reflect the current use of the lands as a parking area associated with a recreational facility and to be consistent with the zoning for the balance of the lands for the complex

Proposed Amendment

(a) Amend Map C2

401

Page 11 of 14

13 Official Plan Section -Section 93 -Zoning By-laws

Issue

If a study is required to be undertaken to facilitate development in areas where there is fragmented ownership the City may carry out this study at the Citys cost The developer(s) however will ultimately benefit from the study being undertaken Sub-section 934 of the Oshawa Official Plan permits a holding symbol to be used in situations where the specific future use of land is known but development is premature until certain requirements have been satisfied including but not limited to adequate services being available any environmental constraints being resolved sufficient market demand being available and site plan approval being obtained The Official Plan should be amended to add a new requirement that allows the City to collect as appropriate any City costs expended on studies from a benefitting developer It is appropriate to make this amendment because the sharing of costs associated with studies that facilitate development is equitable

Proposed Amendment

(a) Amend Section 934 by deleting the word and from the end of Item (f) and deleting at the end of Item (g) and replacing with and adding a new Item (h) that would read as follows

(h) That any costs associated with undertaking appropriate studies that facilitate development and that are paid for by the City be reimbursed by the owner on a proportionate basis to the satisfaction of the City

14 Official Plan Section Land Use Schedule A- North Half Zoning By-law Section Map- North Half Zoning By-law Section Section 3 Zones and Zone Symbols

Issue

The proposed amendments are related to certain lands south of Winchester Road East and east of Bridle Road north of the TransCanadaEnbridge pipeline and certain lands north of Winchester Road East east of Bridle Road south of the Hydro Corridor

The current Agricultural Official Plan designation and Agricultural Zoning for the lands is not appropriate given that they are designated Employment Area in the Durham Regional Official Plan Also this area was impacted by the shifting of the Highway 407 corridor from south of Winchester Road East to north of the hydro corridor

The Kedron Planning Study which included the Part II Plan for the Kedron Planning Area and Concept Plans for the North Kedron Industrial Area and East Windfields Industrial Area was completed in 2013 This work forms part of the background studies for a comprehensive review of the Citys Official Plan The Kedron Part II Plan was adopted by City Council in January 2014 for the Ked ron Planning Area and was subsequent~y delivered to the Region for approval

The East Windfields Industrial Area concept was approved by City Council in May 2013 At that time the East Windfields Industrial Area Concept Plan for those lands north of the TransCanadaEnbridge Pipelines was endorsed to serve as a guide for development and staff

402

Page 12 of 14

were directed to consider the redesignation of all of these lands to Industrial in the Oshawa Official Plan as part of the Citys Growth Plan conformity exercise

It is appropriate to advance this portion of the East Windfields Industrial Area concept north of the pipelines at this time to allow for industrial uses along this portion of Winchester Road East

Land Use Schedule A - North Half of the Oshawa Official Plan should be amended to designate the developable portion of the subject lands as Industrial the creek valley portion as Open Space Recreation adjust the Urban Area Boundary and to respect the limits of the Provincial Greenbelt Plan Zoning By-law Map- North Half should be amended by rezoning the subject lands from AG-A (Agricultural) to OSH (Hazard Lands Open Space) and SI-B (Select Industrial) Zone subject to a holding symbol The holding symbol would apply to the lands being zoned SI-B and would require the owner to go through the site plan approval process and ensure that appropriate middotarrangements are made for adequate services such as stormwater water and sanitary and transportation services

Proposed Amendments

(a) Add Sentence 352(45) to Subsection 35 Holding h Zones as follows

352(45) h-45 Zone (Certain lands north and south of Winchester Road East and east of Bridle Road)

Purpose To ensure that

(a) Site plan approval is obtained from the City and (b) Appropriate arrangements shall be made for the provision of adequate

sanitary water storm and transportation services to serve the development

Permitted Interim Uses

(a) All uses permitted in a EU Zone

lr -J Page 13 of 14

403

(b) Amend Land Use Schedule A- North Half of the Oshawa Official Plan and Zoning By-law Map - North Half

FROM Industrial L N TO Open Space amp Recreation

404

Page 14 of 14

Proposed Amendment

(a) Amend Map B3

12 Zoning By-law Section Map C2

Issue

The northeast part of the Donevan Recreation Complex site is used for parking and is zoned R1shyCCIN (ResidentialCommunity Institutional) It is appropriate to amend Map C2 by changing the zoning from R1-CCIN (ResidentialCommunity Institutional) to OSU (Urban Open Space) to reflect the current use of the lands as a parking area associated with a recreational facility and to be consistent with the zoning for the balance of the lands for the complex

Proposed Amendment

(a) Amend Map C2

401

Page 11 of 14

13 Official Plan Section -Section 93 -Zoning By-laws

Issue

If a study is required to be undertaken to facilitate development in areas where there is fragmented ownership the City may carry out this study at the Citys cost The developer(s) however will ultimately benefit from the study being undertaken Sub-section 934 of the Oshawa Official Plan permits a holding symbol to be used in situations where the specific future use of land is known but development is premature until certain requirements have been satisfied including but not limited to adequate services being available any environmental constraints being resolved sufficient market demand being available and site plan approval being obtained The Official Plan should be amended to add a new requirement that allows the City to collect as appropriate any City costs expended on studies from a benefitting developer It is appropriate to make this amendment because the sharing of costs associated with studies that facilitate development is equitable

Proposed Amendment

(a) Amend Section 934 by deleting the word and from the end of Item (f) and deleting at the end of Item (g) and replacing with and adding a new Item (h) that would read as follows

(h) That any costs associated with undertaking appropriate studies that facilitate development and that are paid for by the City be reimbursed by the owner on a proportionate basis to the satisfaction of the City

14 Official Plan Section Land Use Schedule A- North Half Zoning By-law Section Map- North Half Zoning By-law Section Section 3 Zones and Zone Symbols

Issue

The proposed amendments are related to certain lands south of Winchester Road East and east of Bridle Road north of the TransCanadaEnbridge pipeline and certain lands north of Winchester Road East east of Bridle Road south of the Hydro Corridor

The current Agricultural Official Plan designation and Agricultural Zoning for the lands is not appropriate given that they are designated Employment Area in the Durham Regional Official Plan Also this area was impacted by the shifting of the Highway 407 corridor from south of Winchester Road East to north of the hydro corridor

The Kedron Planning Study which included the Part II Plan for the Kedron Planning Area and Concept Plans for the North Kedron Industrial Area and East Windfields Industrial Area was completed in 2013 This work forms part of the background studies for a comprehensive review of the Citys Official Plan The Kedron Part II Plan was adopted by City Council in January 2014 for the Ked ron Planning Area and was subsequent~y delivered to the Region for approval

The East Windfields Industrial Area concept was approved by City Council in May 2013 At that time the East Windfields Industrial Area Concept Plan for those lands north of the TransCanadaEnbridge Pipelines was endorsed to serve as a guide for development and staff

402

Page 12 of 14

were directed to consider the redesignation of all of these lands to Industrial in the Oshawa Official Plan as part of the Citys Growth Plan conformity exercise

It is appropriate to advance this portion of the East Windfields Industrial Area concept north of the pipelines at this time to allow for industrial uses along this portion of Winchester Road East

Land Use Schedule A - North Half of the Oshawa Official Plan should be amended to designate the developable portion of the subject lands as Industrial the creek valley portion as Open Space Recreation adjust the Urban Area Boundary and to respect the limits of the Provincial Greenbelt Plan Zoning By-law Map- North Half should be amended by rezoning the subject lands from AG-A (Agricultural) to OSH (Hazard Lands Open Space) and SI-B (Select Industrial) Zone subject to a holding symbol The holding symbol would apply to the lands being zoned SI-B and would require the owner to go through the site plan approval process and ensure that appropriate middotarrangements are made for adequate services such as stormwater water and sanitary and transportation services

Proposed Amendments

(a) Add Sentence 352(45) to Subsection 35 Holding h Zones as follows

352(45) h-45 Zone (Certain lands north and south of Winchester Road East and east of Bridle Road)

Purpose To ensure that

(a) Site plan approval is obtained from the City and (b) Appropriate arrangements shall be made for the provision of adequate

sanitary water storm and transportation services to serve the development

Permitted Interim Uses

(a) All uses permitted in a EU Zone

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403

(b) Amend Land Use Schedule A- North Half of the Oshawa Official Plan and Zoning By-law Map - North Half

FROM Industrial L N TO Open Space amp Recreation

404

Page 14 of 14

13 Official Plan Section -Section 93 -Zoning By-laws

Issue

If a study is required to be undertaken to facilitate development in areas where there is fragmented ownership the City may carry out this study at the Citys cost The developer(s) however will ultimately benefit from the study being undertaken Sub-section 934 of the Oshawa Official Plan permits a holding symbol to be used in situations where the specific future use of land is known but development is premature until certain requirements have been satisfied including but not limited to adequate services being available any environmental constraints being resolved sufficient market demand being available and site plan approval being obtained The Official Plan should be amended to add a new requirement that allows the City to collect as appropriate any City costs expended on studies from a benefitting developer It is appropriate to make this amendment because the sharing of costs associated with studies that facilitate development is equitable

Proposed Amendment

(a) Amend Section 934 by deleting the word and from the end of Item (f) and deleting at the end of Item (g) and replacing with and adding a new Item (h) that would read as follows

(h) That any costs associated with undertaking appropriate studies that facilitate development and that are paid for by the City be reimbursed by the owner on a proportionate basis to the satisfaction of the City

14 Official Plan Section Land Use Schedule A- North Half Zoning By-law Section Map- North Half Zoning By-law Section Section 3 Zones and Zone Symbols

Issue

The proposed amendments are related to certain lands south of Winchester Road East and east of Bridle Road north of the TransCanadaEnbridge pipeline and certain lands north of Winchester Road East east of Bridle Road south of the Hydro Corridor

The current Agricultural Official Plan designation and Agricultural Zoning for the lands is not appropriate given that they are designated Employment Area in the Durham Regional Official Plan Also this area was impacted by the shifting of the Highway 407 corridor from south of Winchester Road East to north of the hydro corridor

The Kedron Planning Study which included the Part II Plan for the Kedron Planning Area and Concept Plans for the North Kedron Industrial Area and East Windfields Industrial Area was completed in 2013 This work forms part of the background studies for a comprehensive review of the Citys Official Plan The Kedron Part II Plan was adopted by City Council in January 2014 for the Ked ron Planning Area and was subsequent~y delivered to the Region for approval

The East Windfields Industrial Area concept was approved by City Council in May 2013 At that time the East Windfields Industrial Area Concept Plan for those lands north of the TransCanadaEnbridge Pipelines was endorsed to serve as a guide for development and staff

402

Page 12 of 14

were directed to consider the redesignation of all of these lands to Industrial in the Oshawa Official Plan as part of the Citys Growth Plan conformity exercise

It is appropriate to advance this portion of the East Windfields Industrial Area concept north of the pipelines at this time to allow for industrial uses along this portion of Winchester Road East

Land Use Schedule A - North Half of the Oshawa Official Plan should be amended to designate the developable portion of the subject lands as Industrial the creek valley portion as Open Space Recreation adjust the Urban Area Boundary and to respect the limits of the Provincial Greenbelt Plan Zoning By-law Map- North Half should be amended by rezoning the subject lands from AG-A (Agricultural) to OSH (Hazard Lands Open Space) and SI-B (Select Industrial) Zone subject to a holding symbol The holding symbol would apply to the lands being zoned SI-B and would require the owner to go through the site plan approval process and ensure that appropriate middotarrangements are made for adequate services such as stormwater water and sanitary and transportation services

Proposed Amendments

(a) Add Sentence 352(45) to Subsection 35 Holding h Zones as follows

352(45) h-45 Zone (Certain lands north and south of Winchester Road East and east of Bridle Road)

Purpose To ensure that

(a) Site plan approval is obtained from the City and (b) Appropriate arrangements shall be made for the provision of adequate

sanitary water storm and transportation services to serve the development

Permitted Interim Uses

(a) All uses permitted in a EU Zone

lr -J Page 13 of 14

403

(b) Amend Land Use Schedule A- North Half of the Oshawa Official Plan and Zoning By-law Map - North Half

FROM Industrial L N TO Open Space amp Recreation

404

Page 14 of 14

were directed to consider the redesignation of all of these lands to Industrial in the Oshawa Official Plan as part of the Citys Growth Plan conformity exercise

It is appropriate to advance this portion of the East Windfields Industrial Area concept north of the pipelines at this time to allow for industrial uses along this portion of Winchester Road East

Land Use Schedule A - North Half of the Oshawa Official Plan should be amended to designate the developable portion of the subject lands as Industrial the creek valley portion as Open Space Recreation adjust the Urban Area Boundary and to respect the limits of the Provincial Greenbelt Plan Zoning By-law Map- North Half should be amended by rezoning the subject lands from AG-A (Agricultural) to OSH (Hazard Lands Open Space) and SI-B (Select Industrial) Zone subject to a holding symbol The holding symbol would apply to the lands being zoned SI-B and would require the owner to go through the site plan approval process and ensure that appropriate middotarrangements are made for adequate services such as stormwater water and sanitary and transportation services

Proposed Amendments

(a) Add Sentence 352(45) to Subsection 35 Holding h Zones as follows

352(45) h-45 Zone (Certain lands north and south of Winchester Road East and east of Bridle Road)

Purpose To ensure that

(a) Site plan approval is obtained from the City and (b) Appropriate arrangements shall be made for the provision of adequate

sanitary water storm and transportation services to serve the development

Permitted Interim Uses

(a) All uses permitted in a EU Zone

lr -J Page 13 of 14

403

(b) Amend Land Use Schedule A- North Half of the Oshawa Official Plan and Zoning By-law Map - North Half

FROM Industrial L N TO Open Space amp Recreation

404

Page 14 of 14

(b) Amend Land Use Schedule A- North Half of the Oshawa Official Plan and Zoning By-law Map - North Half

FROM Industrial L N TO Open Space amp Recreation

404

Page 14 of 14