Public Report

To: Development Services Committee

From: Paul D. Ralph, BES, RPP, MCIP, Commissioner, Development Services

Report Number: DS-15-72

Date of Report: March 18, 2015

Date of Meeting: March 23, 2015

Subject: Proposed City-Initiated Amendments to the Oshawa Official Plan, the Samac Secondary Plan, the Windfields Part II Plan and Zoning By-law 60-94

File: B-3200-1293

1.0 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; 2. The Samac Secondary Plan; 3. The Windfields Part II Plan; and 4. Zoning By-law 60-94

2.0 Recommendation

That the Development Services Committee recommend to City Council:

That, pursuant to Report DS-15-72 dated March 18, 2015, 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, the Samac Secondary Plan, the Windfields Part II Plan and Zoning By-law 60-94 generally in accordance with Attachment 1 to said Report.

3.0 Executive Summary

Not applicable.

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4.0 Input From Other Sources

4.1 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 1.

4.2 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 1 for review and comment as part of the formal amendment process.

5.0 Analysis

On June 6, 1994 Council adopted Comprehensive Zoning By-law 60-94 for the City of Oshawa. During the process which led to the adoption of Zoning By-law 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 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 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 60-94 and reduce the number of Committee of Adjustment applications.

6.0 Financial Implications

Anticipated costs to the City are included in the appropriate 2015 Departmental budgets and relate primarily to newspaper advertising costs for any public meeting and the passing of any by-laws.

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7.0 Relationship to the Oshawa Strategic Plan

The Recommendation advances the Accountable Leadership goal in the Oshawa Strategic Plan.

Paul D. Ralph, BES, RPP, MCIP, Commissioner, Development Services

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Item: DS-15-72 Attachment 1

1. Zoning By-law Section: 2: Definitions

Issue:

A Pet Rescue and Adoption establishment is a use where pets that have been abandoned/surrendered and are taken in, cared for and placed for adoption. This use should be permitted in locations where animal hospitals are permitted.

Proposed Amendment:

(a) Amend the definition of Animal Hospital by deleting the period “.” after the word “establishment” and adding the words “and pet rescue and adoption establishment with no outdoor animal facilities.” after the word “establishment” such that the definition of Animal Hospital would read as follows:

““ANIMAL HOSPITAL” means a building or part of a building or structure, with no outdoor animal facilities, which is under the control and supervision of a qualified veterinarian who is a member of the Ontario Veterinarian Association, where animals, fish or birds are given medical treatment and also means a pet grooming establishment and pet rescue and adoption establishment with no outdoor animal facilities.”

2. Zoning By-law Section: 3: Zones and Zone Symbols

Issue:

This amendment relates to 1399 Simcoe Street North which is currently being used as a temporary automobile sales and service establishment for used vehicles. The temporary use by-law that permits this use expires on April 10, 2016. The Owner advises that it is intended that the business be operated for an additional period. Therefore it is appropriate to extend the expiry date of the temporary use by-law to April 10, 2019.

Proposed Amendment:

(a) Amend Sentence 3.12.2(1) of Article 3.12.2 Temporary Use Zone Provisions by deleting the reference to the year “2016” and replacing it with the year “2019”.

3. Zoning By-law Section: 4: General Provisions Zoning By-law Section: 17: Planned Commercial Centre Zones

Issue:

In 2014 the City of Oshawa amended the Zoning By-law by deleting all regulations that referenced fences and hedges since they would be regulated in a By-law under the Municipal Act which is the practice of other municipalities. After subsequent review, it has been determined that not all of the regulations should have been deleted, specifically regulations restricting the height of anything which is not a fence or hedge such as a structure, building, deck, etc. in a corner or driveway sight triangle. Therefore, it is appropriate to amend the Zoning By-law and reintroduce a Subsection 4.5 and Articles

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4.5.1 and 4.5.2 that regulate a structure, building, deck, etc. in corner and driveway sight triangles.

Proposed Amendment:

(a) Add a new Subsection 4.5 and Articles 4.5.1 and 4.5.2 that read as follows:

“4.5 Corner and Driveway Sight Triangles

4.5.1 Notwithstanding any other provision of this By-law to the contrary, in all sight triangles, in all zones except a CBD Zone, no building, structure or man-made feature is permitted to be erected or maintained to a height greater than 0.9m above the grade of the centreline of the abutting street, at any point in the sight triangle directly opposite that grade of the street.

4.5.2 Notwithstanding any other provision of this By-law to the contrary, on any lot in all zones except a CBD Zone, no building, structure or man-made feature is permitted to be erected or maintained to a height greater than 0.9m in any area which is bounded by the street line, the side of a driveway leading from that street, and a straight line joining the points in the streetline and the side of the driveway line which are a distance of 3.0m from the point of their intersection.”

4. Zoning By-law Section: 4: General Provisions

Issue:

Article 4.6.3 recognizes that all non-complying setbacks of a heat pump, air exchanger or air conditioner prior to January 1, 2005 shall be deemed to comply with the minimum requirements of this By-law. This provision should be updated by changing the date to January 1, 2010.

Proposed Amendment:

(a) Amend Article 4.6.3 deleting the reference to the year "2005" from the second line and replacing it with the year "2010".

5. Zoning By-law Section: 17: Planned Commercial Centre Zones

Issue:

The Oshawa Official Plan permits medium and high density residential development in a Planned Commercial Centre designation. Planned Commercial Centre Zones currently permit apartment buildings including stacked townhouses. In order to promote other forms of medium density residential intensification back-to-back townhouses and block townhouses should also be permitted in Planned Commercial Centre (PCC) Zones.

Proposed Amendment:

(a) Add new Items “(g) Back-to-back townhouse” and “(h) Block townhouse” to Sentence 17.1.1 of Subsection 17.1 and re-letter the subsequent Items appropriately.

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6. Zoning By-law Section: Map A1 Official Plan Section: 2.4 Industrial

Issue:

The proposed amendment relates to 800 Champlain Avenue being used, in part, as a banquet hall and conference centre. OWASCO is an automobile dealership which recently purchased the property and is storing recreational vehicles on the site. OWASCO’s main site is in Whitby on Champlain Avenue. The subject site is designated Industrial in the Oshawa Official Plan and is currently zoned SI-C/SPC-A(6) “h-35” (Select Industrial/Special Purpose Commercial). An automobile sales and service establishment is an appropriate use of the subject site since it is located on an arterial road and has exposure to Highway 401 (similar to Durham Dodge on the south side of Highway 401). Therefore, it is appropriate to rezone the subject site by adding the SI-C(1) zoning (Select Industrial) to permit an automobile sales and service establishment.

Proposed Amendment:

(a) Amend Section 2.4 of the Oshawa Official Plan by adding a new Subsection that would read as follows:

“Notwithstanding any other provisions of this Plan to the contrary, an automobile sales and service establishment may be permitted as an exception at the northwest corner of Champlain Avenue and Thornton Road South, subject to any relevant provisions of this Plan and the inclusion of appropriate provisions in the zoning by-law.”

(b) Amend Zoning By-law Map A1

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7. Zoning By-law Section: Map A2

Issue:

The proposed amendment relates to 200 Thornton Road North which is currently used as a club (Alano Club). The current zoning at the rear of the subject site is R2 (Residential) which does not permit a club. The rear portion of a property is currently being used as parking for the club. Therefore, it is appropriate to rezone the rear portion of the property from R2 (Residential) to R1-C/CIN (Residential/Community Institutional) which is the zoning on the front portion of the site. The proposed zoning would permit the current use of the subject site.

Proposed Amendment:

(a) Amend Zoning By-law Map A2

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8. Zoning By-law Section: Map A4

Issue:

This proposed amendment relates to lands owned Tribute Communities that will be part of future residential subdivision. The lands were draft approved and a zoning by-law was passed in June 2013 to facilitate residential development. The draft plan and zoning by-law were approved based on the layout of the plan at that time. Some minor relotting/road realignment has occurred during the detailed engineering process. This minor relotting complies with the zoning by-law but now some proposed lots are split zoned R1-E(24) and R2(10). From an administrative and customer service perspective, it is appropriate to amend the zoning by-law to shift the zoning boundary between the lands zoned R1-E(24) and R2(10) to ensure the proposed lots are not split zoned and to reflect the new lotting pattern.

Proposed Amendment:

(b) Amend Zoning By-law Map A4

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9. Zoning By-law Section: Map B2

Issue:

The proposed amendment relates to 71 Bruce Street which is currently used as a parking lot. The current zoning for these lands only permits UR (Urban Reserve) uses and a parking lot. This site is located within the Urban Growth Centre. The Urban Growth Centre should be developed with higher order uses. In order to provide the ability for some future redevelopment of the site it would be appropriate to add SO-B (Specialized Office) zoning which permits more land uses such as offices, personal service establishments, private schools and studios to the existing UR(1) zoning, subject to a holding symbol requiring proof that the land is suitable for the proposed development.

Proposed Amendment:

(a) Add Sentence 3.5.2(58) to Subsection 3.5 Holding “h” Zones as follows:

“3.5.2(58) “h-58” Zone (71 Bruce Street)

Purpose: To ensure that:

(a) Verification has been provided to the satisfaction of the City that the site is suitable for the proposed uses in accordance with the relevant Provincial guidelines in effect immediately prior to the issuance of any building permit or residential use of the site. A Record of Site Condition must be submitted to the Ministry of the Environment.

Permitted Interim Uses:

(a) All uses permitted in the UR(1) Zone.”

(b) Amend Zoning By-law Map B2

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10. Zoning By-law Section: Map B2

Issue:

The proposed amendment relates to 31 and 35 Lloyd Street. The Islamic Centre of Oshawa (ICO) purchased the subject lands in mid-1990’s. The properties are adjacent to the ICO, which is located at 23 Lloyd Street. 31 and 35 Lloyd Street are currently used as a clergy residence according to the ICO. It is appropriate to rezone the subject lands to add the CIN(6) (Community Institutional) zone to also allow church related uses.

Proposed Amendment:

(a) Amend Zoning By-law Map B2

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11. Zoning By-law Section: Map B2

Issue: The proposed amendment relates to 490 Trick Avenue which is currently being used as a hydro transformer station by the Oshawa Public Utilities Commission. The subject site is zoned GI/SI/A (General Industrial/Select Industrial) which is not appropriate given the adjacent existing and future intended land uses. Therefore, it is appropriate to rezone the property from GI/SI-A (General Industrial/Select Industrial) to EU (Existing Use).

Proposed Amendment:

(a) Amend Zoning By-law Map B2

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12. Zoning By-law Section: Map B4

Issue:

The proposed amendment relates to 1995 Ritson Road North and 555 Conlin Road East and which are currently being used as the Kedron United Church and a single detached dwelling. The lands are subject to an approved Land Division application File LD-2014-66 which proposes to sever the single detached dwelling (555 Conlin Road East) and retain the Church (1995 Ritson Road North). The severance of these lands results in the need to adjust the zoning boundary between the CIN and R1-C zoned lands. Therefore, it is appropriate to adjust the zoning boundary between the R1-C (Residential) and CIN (Community Institutional) Zones to reflect the intended boundary between the severed and retained lands and existing use of the subject lands.

Proposed Amendment:

(a) Amend Zoning By-law Map B4

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13. Official Plan Section: Land Use and Street Plan Schedule A of the Samac Secondary Plan Zoning By-law Section: Map B4

Issue:

The proposed amendment relates to a vacant property on the west side of Ormond Drive south of Parkwood Meadows Park. The subject site is currently designated Separate Elementary School in the Secondary Plan for the Samac Community and zoned CIN (Community Institutional). The Durham Catholic District School Board has confirmed that the site is not required for a separate elementary school. Therefore, it is appropriate to change the Samac Secondary Plan designation from Separate Elementary School to Low Density Residential and rezone the property from CIN (Community Institutional) to R1-E.C45 (Residential) to permit single detached dwellings on lots with a minimum lot frontage of 9 metres (29.8 ft.). Single detached dwellings are an appropriate form of intensification. Any future subdivision application would require a public meeting under the Planning Act.

The existing Church designation shown in the Samac Secondary Plan was interpreted to apply to the lands at the northwest corner of the east leg of Ormond Drive and Coldstream Drive which have now been developed with single detached dwellings. A housekeeping amendment is also proposed to delete the Church designation.

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Proposed Amendment:

(a) Amend Schedule A Land Use and Street Plan of the Samac Secondary Plan

(b) Amend Zoning By-law Map B4

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14. Official Plan Section: Transportation Schedule B – North Half Official Plan Section: Land Use and Road Plan Schedule A of the Windfields Part II Plan

Issue:

The proposed amendments relate to that portion of the extension of Britannia Avenue West, between the E. P. Taylor Woodlot and the Oshawa Whitby boundary that was subject to a Municipal Class Environmental Assessment Study. Britannia Avenue West is designated as a Type ‘C’ Arterial Road in the Oshawa Official Plan and the Windfields Part II Plan. The alignment of the road currently shown in the Oshawa Official Plan and Windfields Part II Plan would take the future extension of the road north of the existing residential development known as the Bickle subdivision, west of Thornton Road North. Based on the preferred alignment in the final Environmental Assessment Study the extension of Britannia Avenue West is now shown on an alignment that would take the future extension of the road south of the existing the Bickle subdivision. Therefore, it is appropriate to change the alignment of the extension of Britannia Avenue West to reflect the preferred alignment that was concluded and detailed in the final Environmental Assessment Study.

Proposed Amendment:

(a) Amend Transportation Schedule B – North Half of the Oshawa Official Plan

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(b) Amend Land Use and Road Plan Schedule A of the Windfields Part II Plan

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