ds-07-22-harbour road land use study final...

98011-9901

Report

To: Development Services Committee Item: Date of Report: DS-07-22 January 26, 2007 From: Commissioner, Development File: Date of Meeting:

Services Department B 1100-0003 January 31, 2007

Subject: Ward: 1

Harbour Road Land Use Study Final Report

PUBLIC REPORT 1.0 PURPOSE The purpose of this report is to present the findings of the Harbour Road Land Use Study (Study), prepared by consultants on behalf of the City, and seek approval to begin to implement the study by processing amendments to the Oshawa Official Plan and Zoning By-law No. 60-94. On April 25, 2005, City Council passed the following resolution: 1. That the Commissioner of Development Services be directed to undertake a land

use study for the lands located north of Harbour Road, west of Montgomery Creek, south of Wellington Avenue, and east of Simcoe Street South.

2. That City Council adopt an interim control by-law, pursuant to the Planning Act, for

the study area identified in Exhibit 1 to Report HNT/DS-05-01 dated April 14, 2005, from the Commissioner of Development Services, for a one-year period.

3. That the Commissioner of Development Services be authorized to engage a

professional planning firm for the purposes of undertaking the land use study for the area affected by the interim control by-law, with the study funded from Project Account 9677.

On April 25, 2005, Interim Control By-law 53-2005 was passed in order to enable the study to be undertaken without ongoing development pressures. A consulting team led by Elizabeth Howson from the planning firm Macaulay Shiomi Howson Ltd. was retained to undertake the land use study. In addition, Greck and Associates was retained to update the floodplain mapping for the portion of Montgomery Creek within the Study Area. On December 5, 2005, Council received for information a report from the Commissioner of Development Services (Report DS-05-374, dated November 17, 2005) which provided an update on the Study’s progress, a summary of the background data collected and land use options for the Study Area.

Christine

Report Disclaimer

Report to the Development Item: DS-07-22 Services Committee (Continued) - 2 - Meeting Date: January 31, 2007

On April 10, 2006, Council passed a by-law to extend Interim Control By-law 53-2005 to April, 25, 2007 and it cannot be extended further. On October 2, 2006, Council directed that a Master Plan for the Oshawa Waterfront be prepared. The City has started the Master Plan which will consist of a (1) waterfront vision statement, (2) waterfront master plan, and (3) harbour area plan. Council’s decisions regarding the Harbour Road Land Use Study will serve as input to the Waterfront Master Plan. Exhibit No. 1 to this report is a map showing the limits of the Study Area and existing zoning. Attachment No. 1 is a copy of the Summary from the consultant’s Study, which includes the Preferred Land Use Option entitled “Residential Focus” and a related Urban Design Concept Plan. The full Study is not attached due to its length, but is available in the Development Services Department (7th Floor, City Hall, contact Paul Stewart, Senior Planner). Attachment No. 2 is a copy of a proposed Official Plan Amendment to implement the findings of the Study. Attachment No. 3 is a copy of a proposed Zoning By-law Amendment to implement the findings of the Study. Elizabeth Howson will attend the Development Services Committee to present the final Study. 2.0 RECOMMENDATION That the Development Services Committee recommend to City Council: 1. That Council endorse, in principle, the Harbour Road Land Use Study prepared by

the firm Macaulay Shiomi Howson Ltd. dated December 2006, including the Preferred Land Use Option entitled “Residential Focus” and related Urban Design Concept Plan.

2. That the Harbour Road Land Use Study serve as the basis for the preparation of

implementing amendments to the Oshawa Official Plan and Zoning By-law. 3. That staff be authorized to schedule and hold a statutory public meeting to consider

proposed amendments to the Oshawa Official Plan and Zoning By-law No. 60-94 as contained in Attachments No. 2 and No. 3, respectively, to Commissioner of Development Services’ Report DS-07-22, dated January 26, 2007.


3.0 EXECUTIVE SUMMARY The Harbour Road Land Use Study is complete and the main findings of the Study are overviewed in this report. The Study concludes that a “Residential Focus” is the preferred land use option for the Study Area and recommends a number of changes to the City’s planning documents to implement the preferred option. Proposed amendments to the Oshawa Official Plan and Zoning By-law No. 60-94 to implement the preferred option have been prepared and are attached to this report. Implementation of the “Residential Focus” is a proactive approach to a regeneration area that has been largely vacant and underused for some time along the waterfront and represents a comprehensive plan for the expansion of a residential community. Residential development on the north side of Harbour Road would support a revitalized harbour and waterfront, the clean-up and redevelopment of brownfield lands, the expansion of an existing residential community, housing choice, residential intensification and local commercial business. Proper implementation of the “Residential Focus” must appropriately address a number of matters such as the location and construction of future local roads, the incorporation of mitigative measures to ensure compatibility between existing industrial and future residential uses, environmental remediation and achieving intensification and good design. These matters have been addressed in the attached Official Plan and Zoning By-law Amendments. The consultant’s recommended Urban Design Concept Plan for the Study Area illustrates one appropriate form and type of development for the area at this time. However, this Urban Design Concept Plan may be refined or altered at a later date during the processing of specific development applications. In the event Council decides not to change the Official Plan and Zoning for the Study Area by April 25, 2007, property owners will be in a position to advance development in accordance with the current zoning, most of which is industrial. 4.0 INPUT FROM OTHER SOURCES

Regional Planning staff participated in the study process and have advised that a Durham Regional Official Plan Amendment is required to redesignate a portion of the Study Area from Employment Area to Living Area. Amendment No. 114 to the Durham Regional Official Plan, currently under appeal, redesignates the subject portion of the Study Area from Employment Area to Living Area.

Central Lake Ontario Conservation Authority (CLOCA) staff also participated in the

study process with respect to the establishment of the Montgomery Creek floodplain within the Study Area. CLOCA has advised that the 100 year flood event will be considered the regulatory floodline for Montgomery Creek in this area.


Public input received at two open houses and written submissions are discussed in

the report where appropriate.

Any proposed amendments to the Oshawa Official Plan and Zoning By-law No. 60-94 to implement the Harbour Road Land Use Study will be the subject of a statutory public meeting and will also be circulated to the normal departments and agencies for comment. Council will be made aware of comments made at the public meeting or received from departments and agencies as part of its final consideration of any proposed amendments.

5.0 ANALYSIS 5.1 Background

The purpose of the Harbour Road Land Use Study was to examine the appropriateness of current Official Plan land use designations and Zoning in the Study Area, and, if appropriate, to make recommendations for changes.

The total size of the Study Area is 18.4 hectares (45.5 ac.).

Elizabeth Howson, from Macaulay Shiomi Howson Ltd., was retained to lead a

consulting team to undertake the Study. The consulting team included: Brook McIlroy (Urban Design), Hemson Consulting (Land Economics), R.V. Anderson Associations (Transportation, Stormwater Management, Servicing) and SENES Consultants (Environmental, Noise, Air Quality). In addition, Greck and Associates was retained to update the floodplain mapping for the portion of Montgomery Creek within the Study Area.

The Study consisted of the following four major steps:

■ Step One - Background review and analysis ■ Step Two - Land use option formulation and review ■ Step Three - Preferred option development ■ Step Four - Final recommendation and report

5.2 Step One - Background Review and Analysis

The consultant’s conclusions from the background review and analysis are:

■ The existing Official Plan policies for the Study Area at both the Regional and local level designate most of the Study Area for industrial development. The exception is along the east side of Simcoe Street South, where the land is designated to permit residential uses. In addition, through the Zoning By-law, the Select Industrial A (SI-A) Zone which applies to lands along the north side of Harbour Road and on the west side of Nelson Street at Wellington Avenue East in the Study Area, permits some limited commercial (e.g. restaurant) and institutional (e.g. church) uses, in addition to light industrial uses.


■ Any change to the current Official Plan policy directions at both the Regional and

local level which would result in a change in the designation of the majority of the Study Area to residential uses, will have to be justified in the context of the new Provincial Policy Statement (March 2005), the Provincial Growth Plan for the Greater Golden Horseshoe (the Growth Plan), and the Durham Region Official Plan. This work has already been initiated. As part of the on-going review of the Durham Region Official Plan (DROP), Durham Regional Council adopted Amendment No. 114 to the DROP which included, among other matters, the redesignation of the Employment Land portion of the Study Area to “Living Area”. This was based on the provisions of the Provincial Growth Plan that permit conversion of Employment Lands that are considered to be regeneration areas, subject to the relevant portions of the Provincial Policy Statement. However, the Minister of Municipal Affairs and Housing has appealed this portion of OPA No. 114. This matter has yet to be resolved.

■ Provincial legislation and guidelines related to noise, air quality and brownfield

development must be taken into account in evaluating future land use options for the Study Area, particularly given its proximity to existing industrial uses to the north and east and the location of two industrial uses in the Study Area itself.

■ There are no significant natural features which limit development of the Study

Area, with the exception of a small area in the flood plain in the southeast corner.

■ Since Montgomery Creek borders the Study Area to the east, any development must mitigate impacts on the creek and, where possible contribute to its enhancement. The boundary of the Montgomery Creek floodplain was confirmed as part of this Study.

■ The lands east of Nelson Street are largely vacant, however, the existing auto

salvage yard will impact on any proposed new development. West of Nelson Street, the Study Area is already developed, although there may be some potential for redevelopment over time.

■ The Study Area is easily accessible with frontage on two arterial roads, including

Simcoe Street South, the City’s north/south “main street”, which also has transit service. The existing pavement on Harbour Road can accommodate projected traffic demand, however, City staff has recommended that its pavement markings be modified to include a 4 metre (13 foot) wide centre two way left turn lane, or a landscaped centre median island with left turn storage for vehicles destined to new development along Harbour Road. City staff also advised that the 26 metre right of way may be able to accommodate a boulevard multi-use trail on the south side of the road, subject to a detailed design exercise.

■ The Study Area has a full range of piped services. However, there are

constraints on the development of the lands east of Nelson Street as follows:


o Buildings cannot be built over the existing north/south sanitary sewer easement which includes two sewer lines and traverses the area east of Nelson Street;

o There is a requirement for a sewage pumping station to service the two

most easterly properties for any use other than perhaps some “dry” industrial development. The cost of this facility is such that it would only be economically feasible for high intensity residential or mixed use development. It would not be feasible for low intensity industrial development, particularly as such a use would not be eligible for the use of Regional Development Charges for servicing; and,

o There is a need for a stormwater management pond should the area be

developed with substantial residential development. 5.3 Step Two - Land Use Option Formulation and Review

In Step Two, the consultant prepared three land use options:

■ Option 1- Industrial Focus: This option would generally continue the existing land use and policy directions which have the majority of the area planned for industrial development. However, the type of industrial development would be more restricted than presently permitted (i.e. only permit prestige and light industrial uses).

■ Option 2- Mixed Use Focus: This option would make some significant changes to

the existing land use and policy directions by introducing residential development along the north side of Harbour Road. Industrial development would be maintained along the south side of Wellington Ave. In addition, lands at the southwest corner of Wellington and Nelson would permit medium density residential development, although the existing institutional/industrial uses would continue to be permitted.

■ Option 3- Residential Focus: This option would completely change the existing

land use and policy directions by introducing significant residential development, that could include limited ground floor commercial and office uses. In addition, the potential for medium density residential development would be introduced west of Nelson Street.

A public open house was held on November 3, 2005 to present the results of the

background review and the land uses options, as well as a preliminary evaluation of the options. The open house was attended by approximately 25 people. Support was generally for Option 3 - Residential Focus. However, there was one submission from a representative of the most easterly site (i.e. Roofmart property) who opposed all options because of the loss of the ability to have employment uses, particularly open storage, and the identification of certain lands fronting on Harbour Road as floodplain.


5.4 Step Three - Preferred Option Development

In Step Three, the consultant evaluated the land use options against various criteria, including support for the current vision of the harbour, promotion of intensification and compact development, protection of employment areas, separation of industrial and residential development, servicing constraints and implementation potential.

Option 3, Residential Focus was ranked by the consultant as the highest overall. It

ranked the highest in terms of supporting the current vision of the harbour as well as with respect to the promotion of intensification and compact development. Option 3 does result in the loss of approximately 11 hectares (27.2 ac.) of land which has been designated for employment uses, however, much of this land has been vacant for some time.

A preliminary preferred residential option was prepared by the consultant as a

refinement of Option 3 Residential Focus and incorporates urban design considerations and public input received at the first public open house.

The preliminary preferred residential option reflects the fact that interest has been

expressed by some landowners in the Study Area for residential development on key sites.

A public open house was held on December 8, 2005 to present the preliminary

preferred residential option and urban design concept. The open house was attended by approximately 20 people. There was general support at the meeting for the preliminary preferred residential option and discussion focused on specific issues such as residential building height and relationship to the waterfront.

Following the open house, the City was contacted by a representative of Permacon,

the industrial operation on the north side of Wellington Avenue East, east of Nelson Street, who expressed concern with the proposed residential use because of potential impacts from the industrial use on any future residents. Permacon, however, advised that it is prepared to work with the City to address these issues.

5.5 Step Four – Final Recommendation and Report

The preliminary preferred residential option was further refined by the consultant after the second pubic open house to reflect more current floodplain mapping along Montgomery Creek prepared by Greck and Associates.

The Final Preferred Option - Residential Focus, recommended by the consultant,

appears as figure S-1 in Attachment No. 2 to this report.

The Final Preferred Option – Residential Focus, recommended by the consultant, would change the existing land use designation and zoning from Industrial to Residential for most of the Study Area.


A significant feature of the Preferred Option – Residential Focus is the gradation of residential densities with High Density Uses along the north side of Harbour Road, Medium Density uses in the interior and Medium/Low Density uses in the northern portion of the Study Area. The existing residential uses along Simcoe Street South and Wellington Avenue would remain with the exception of the most southerly four lots that would permit Medium and High Density Residential development in order to encourage property consolidation and eventual redevelopment.

The following table provides a summary description of the Preferred Option –

Residential Focus:

Residential Focus Map Designation Description Existing Residential on Simcoe Street

Low Density Residential. This would permit infill development similar to existing single and semi-detached development

Northern Portion Or Study Area

Low/Medium Density Residential would permit a range of housing forms from single detached dwellings to townhouses. This development would be 2 to 3 stories in height

Central Portion of Study Area

Medium Density Residential, which would permit stacked townhouses, low rise apartments, street or block townhouses. The area is intended to serve as a transitional area, between higher densities to the south and lower densities to the north.

Harbour Road Frontage

High Density Residential which would permit medium and high rise apartments. In addition, buildings fronting onto Harbour Road could be used for convenience commercial, personal service, restaurant, and office uses. Higher density development would have heights from 6 to 12 stories. Development is intended to maximize the buildings oriented to the harbour, but also ensure “view corridors” are protected and that a “wall effect” is not created along Harbour Road.

Open Space Area An “urban plaza/gateway feature” which may be on private or public land will be located at the northeast corner of Simcoe Street South and Harbour Road.

Flood Plain Development would be prohibited in the regulatory floodplain which is defined by the 100 year floodline for this portion of Montgomery Creek

Buffer Area Mitigation measures will be required to buffer the residential development from adjacent and potential industrial uses. The size and type will be determined through studies required as a condition of development

Stormwater A stormwater management facility will be required at the east end of the Study Area for the residential development. A foundation drain collection system will also be required.

Existing Roads The existing roads would be maintained, with improvements to Harbour Road and Nelson Street.

Potential Roads An internal pattern of public local streets and private roads will be required to service the new residential development. The proposed pattern may be varied from what is illustrated on the Urban Design Concept depending on the ultimate configuration of development.

Projected Employment

17

Projected Population

1,500 to 3,500 people


The consultant has recommended that any Official Plan Amendment and Urban Design Guidelines for the Study Area address the following objectives:

■ Ensure residential intensification by requiring minimum as well as maximum

levels of density; ■ Respect the waterfront by requiring “view corridors”, establishing maximum

heights, stepping back development so as to not create a “wall” effect, locating buildings to help define the street edge; and,

■ Provide appropriate environmental mitigation in order to protect existing industrial

uses and new residential development.

The consultant has recommended amending Zoning By-law No. 60-94 in order to implement the directions of the study, including: ■ Zoning for the existing residential uses on Simcoe and Wellington Streets remain

the same with the exception of the most southerly four lots along Simcoe Street South which would permit medium and high density residential uses in order to encourage property consolidation and development;

■ Northern portion of the study area should permit ground oriented low and

medium density residential; ■ Central portion of the study area should permit a range of medium density

residential; ■ Harbour Road frontage should permit high density residential;

■ Ground floor of buildings fronting onto Harbour could permit limited convenience

commercial, personal service, restaurant and office uses; ■ A holding zone should be used to ensure that environmental, transportation,

servicing and urban design considerations are addressed as part of the development application and design process; and,

■ Existing uses should be permitted to continue, however, it is intended that the

existing industrial uses in the long term will be redeveloped for residential uses.

In order to implement the Preferred Option - Residential Focus, the following actions are required:

■ Redesignation of portions of the Study Area from Employment Area to Living

Area in the Durham Regional Official Plan. Final approval of the related portion of Amendment No. 114 to the Durham Regional Official Plan would achieve this;


■ Approval of an Amendment to the Oshawa Official Plan to redesignate a portion of the Study Area from Industrial to Residential and to introduce a number of policies for development in the area;

■ Approval of an Amendment to Zoning By-law No. 60-94 to rezone a portion of the

Study Area to permit a variety of residential uses and to introduce a number of related regulations and holding symbols;

Residential development will be required to be designed to ensure appropriate

compatibility with the existing industrial uses.

A phased approach to residential development can be expected as long as industrial uses (e.g. automobile salvage yard) remain in the Study Area. These uses may be a deterrent to the redevelopment of some parts of the area for new residential development.

5.6 Staff Comments

Staff agree with the consultant’s direction as set out in the Harbour Road Land Use Study.

Staff recommend Council consider appropriate amendments to the Official Plan and

Zoning By-law to implement the Study. Proposed amendments appear as Attachment 2 and 3 in this report.

Implementation of the Preferred Option – Residential Focus is a proactive approach

to a regeneration area along the waterfront that has been largely vacant and underused for some time and represents a comprehensive plan for expanding a residential community. Residential development on the north side of Harbour Road is supportive of a revitalized harbour and waterfront, the clean-up and redevelopment of brownfield lands, the expansion of an existing residential community, housing choice, achieving intensification and local commercial businesses.

Implementation of the Preferred Option – Residential Focus will need to address a

number of matters, such as obtaining agreements from multiple land owners on the location and construction of local roads, mitigation of impacts from nearby industries and businesses and potential environmental remediation issues. Official Plan and Zoning By-law Amendments need to address and manage these matters in an appropriate manner.

Once specific residential development applications are received, it may be

necessary to refine the consultant’s recommended Urban Design Concept for the Study Area and amendment the Zoning By-law No. 60-94 being proposed at this time.

In comparison to the consultant’s recommendations, the implementing Official Plan

and Zoning By-law amendments have been drafted to incorporate some additional


flexibility in terms of housing product and design in the area. For example, a wider range of housing is proposed to be permitted in the northern and central parts of the Study Area. This flexibility will achieve reasonable densities but will also provide mix and development options for this critical regeneration area.

Clayton Research Associates is presently undertaking a City of Oshawa Industrial

Land Supply and Policy Study. Their preliminary conclusions indicate that even if the Harbour Road lands are converted to a Living Area designation, the City will have an adequate long term supply of industrial land to meet future needs.

Durham Regional Council adopted Amendment No. 114 to the Durham Regional

Official Plan (OPA 114) as part of the ongoing review of the Regional Official Plan. OPA 114 included the redesignation of the Employment Land portion of the Study Area to Living Area. This was based on provisions in the Provincial Growth Plan that permitted Employment Land conversion in areas considered to be “regeneration areas”, subject to relevant provisions of the Provincial Policy Statement. This was also supported by the preliminary conclusions of the Industrial Land Supply and Policy Study. The Minister of Municipal Affairs has appealed this portion of OPA No. 114. This matter has yet to be resolved.

The Study Area is considered to be a regeneration area due to the previous

industrial uses, potential contamination issues and current vacant and under-utilized state of the area.

Council’s decision in respect to the Harbour Road Land Use Study will be

incorporated, as appropriate, into the Waterfront Master Plan study process.

In the event that Council does not alter the Official Plan and Zoning By-law for this area prior to April 25, 2007 (when the Interim Control By-law lapses), property owners will be able to introduce industrial uses in accordance with the current industrial zoning for large parts of the Study Area.

5.6.1 Proposed Amendment to the Oshawa Official Plan

Based on the recommendations of the Harbour Road Land Use Study, an appropriate Amendment to the Oshawa Official Plan (OPA) has been prepared and forms Attachment No. 2. The proposed OPA includes the following provisions:

■ Redesignating certain lands within the Study Area from Industrial to Residential.

The existing Residential designation for lands located along portions of Simcoe Street South and Wellington Street East to remain;

■ Stipulating that there shall be a gradation in residential density, as follows:

o Lands fronting Harbour Road shall be developed with various High Density

Residential uses;


o Lands to the immediate north of the High Density Residential uses shall be used for various Medium Density Residential uses;

o The most northerly portion of the subject land shall be developed with a

mixture of ground oriented Low and Medium Density Residential uses;

■ Permitting limited ground floor office, retail, personal service establishments and restaurants on the ground floor of multi-storey mixed residential-commercial buildings along the north side of Harbour Road through the rezoning process;

■ Requiring development in the area be planned and designed to achieve a high

quality of urban design and take advantage of the waterfront through the protection of view corridors, ensuring development does not create a wall effect along Harbour Road and provision of a gateway feature at the northeast corner of Simcoe Street South and Harbour Road;

■ Requiring that, prior to any residential development:

o Analysis be undertaken and suitable arrangements be made to the City’s

satisfaction to address land use compatibility with industrial uses. This policy will encourage property owners to work together and develop their lands in a comprehensive manner;

o A development plan and related design guidelines be prepared to show

public and/or private roads, lotting patterns, mix and variety of dwelling unit types;

o A transportation analysis be completed for most of the new residential

lands and appropriate arrangements made regarding road layout, construction and ownership of any public roads. This policy will also encourage property owners to work together and develop their lands in a comprehensive manner;

o Appropriate analysis be undertaken and mitigative measures be

implemented to address adverse environmental effects associated with any soil and water contamination in accordance with relevant Ministry of Environment guidelines;

■ Stipulating that a holding symbol be used, as appropriate, to ensure matters

outlined above are addressed. 5.6.2 Proposed Amendment to Zoning By-law No. 60-94

A proposed amendment to Zoning By-law No. 60-94 (Attachment No. 3 to this report) has been prepared to implement the proposed Official Plan Amendment and the Harbour Road Land Use Study. The Zoning By-law amendment is based on the general planning direction illustrated in the “Residential Focus” land use option and


Urban Design Concept Plan and provides greater flexibility in terms of housing product in the area.

The proposed Zoning By-law amendment:

■ Rezones lands to appropriate zoning districts that reflect the direction in the

proposed Official Plan Amendment in terms of a gradation of residential densities, with appropriate minimum and maximum densities, and maximum height regulations (where appropriate);

■ Provides flexibility for different housing product within many zones and on many

properties; ■ Requires High Density Residential Development to have 50% of the required

parking located either underground or in a parking structure (in order to promote a compact urban form);

■ Utilizes three “h” holding symbols to address transportation, environmental,

servicing and other implementation issues which are described below:

o Holding symbol h-52 applies to all of the proposed new residential lands and requires that the following be addressed:

- Appropriate site plan and/or subdivision agreement is executed; - Verification that soils are suitable for development; - Storm water management study is prepared to the City’s and CLOCA’s

satisfaction; - Adequate arrangements are made for sanitary, water and storm

service facilities; and - Archaeological studies are undertaken as necessary.

o Holding symbol h-53 applies to the proposed new residential lands east of

Nelson Street and areas proposed for higher residential densities along Simcoe Street South and requires that the following be addressed:

- A development plan and related urban design guidelines are prepared

to the satisfaction of the City showing public and/or private roads, lotting patterns, mix and variety of dwelling unit types.

- Appropriate arrangements are made to address transportation matters.

In conjunction with the development plan a transportation study is required in order to confirm the appropriate public and private road pattern necessary to provide an integrated residential area. This has particular relevance in determining whether the potential public road


access to Simcoe Street South (illustrated in the consultant’s land use and concept plan) is required, as well as to ensure Fire Services has adequate access to interior lands. The transportation study will have to meet the requirements of the Municipal Class Environmental Assessment process in order to ensure that the City can accept any road dedications, without having to undertake additional studies. Appropriate arrangements in the form of a plan of subdivision and subdivision agreement to implement (i.e. construct) any public roads will be required. As well, arrangements may be necessary to implement any private roads identified in the transportation study. Implementation of the road pattern may be phased, provided that arrangements are in place to ensure adequate access is available for adjacent properties.

- Appropriate arrangements are made to address mitigation of noise,

dust and vibration in order to achieve land use compatibility with existing industrial uses.

o Holding Symbol h-54 applies to the proposed new residential lands west of

Nelson Street and south of Wellington Avenue East and requires the following to be addressed:

- Appropriate arrangements are made to address mitigation of noise,

dust and vibration in order to achieve land use compatibility with existing industrial uses.

■ Existing uses would be allowed to continue and outdoor recreation uses without

buildings or structures would be permitted while the “h” holding symbols remain in place. Minor enlargements of existing buildings would be subject to the EU (Existing Uses) regulations of Zoning By-law No. 60-94.

6.0 FINANCIAL IMPLICATIONS

Redevelopment of the Study Area is expected to result in increased assessment.

Development of former brownfield lands with contamination issues would be potentially eligible for incentive programs in the City’s Brownfields Community Improvement Plan.

7.0 RESPONSE TO THE COMMUNITY STRATEGIC PLAN

The consideration of amendments to the Official Plan and Zoning By-law to implement the Harbour Road Land Use Study could be seen to advance:

■ Goal A (A Vibrant, Strong and Progressive Community) of the City’s Community

Strategic Plan by:

o Moving ahead with waterfront planning and redevelopment;


o Enhancing connections to and from the waterfront; o Encouraging recreational, residential and commercial development; o Creating and promoting a new positive image for Oshawa; and o Enhancing the visual appearance of the City of Oshawa.

■ Goal B (A Green and Sustainable Community) by:

o Adopting smart growth principles and focusing development in existing

urban areas; and o Encouraging the development of brownfield sites.

Bruce Hunt, MCIP, RPP, Director, Planning Services Development Services Department Thomas B. Hodgins, B.E.S., M.A., RPP, Commissioner Development Services Department PS/c Attachments

Christine

Original

Christine

Original

WELLINGTON

TIL

BU

RY

ST

RIT

SO

N

KAWARTHA

VALLEY

DR

HARBOUR

ST

ST

WATERLOO

RD

S

SIMC

OE ST

RIT

SO

N

RD

S

NE

LSO

N

WELLINGTON

AVE

SIMC

OE ST

COTTINGHAM

MEAD

OW

VALE

AVE

WATERLOO

MA

RW

OO

D

S

DR

CT

AVE

CRES

ST

AVE E

RD

W

WILLOWBANK CT

ST

NE

LSO

N

R5-A

CIN

OSHSI-A

GI

R4-A/R6-BOSPCIN

/

GI

OS

P

SPI

SI-A

R1-C

(3)

R1-E(8)

R1-C

SPI

OS

P

SI-A

R2

R2/R

6-B

OS

H

OSH

R3-

A(5

)

HBC.T12

R2/

R2

R1-E(8)/CIN(3)

R2/

GI

PCC-D

R2

R3-A

SI-A

Exhibit No. 1

DEVELOPMENT SERVICES DEPARTMENT

k:\O

shaw

aHa

rbo

ur\

Har

bou

rRd

Stu

dy.

mxd

\05-

01-

07

Study Area

OSHAWA C

REEK

MO

NT

GO

ME

RY

CR

EE

K

WIL

SO

N R

OA

D S

OU

TH

RO

AD

ALL

OW

AN

CE

WIL

SO

N R

OA

D S

OU

TH

RO

AD

ALL

OW

AN

CE

HWY 401HWY 401

WENTWORTH ST EWENTWORTH ST E

BLOOR ST EBLOOR ST E

SIMC

OE ST S

SIMC

OE ST S

NE

LS

ON

ST

NE

LS

ON

ST

PA

RK

RD

SP

AR

K R

D S

HARBOUR RDHARBOUR RD

MU

NIC

IPA

LIT

Y

OF

C

LAR

ING

TO

NM

UN

ICIP

ALI

TY

O

F

CLA

RIN

GT

ON

Lake OntarioLake Ontario

Christine

Text Box

Item No.:DS-07-22 Application:Harbour Road Land Use Study Final Report File No.:B1100-0003

_____________________________________________________City of Oshawa Harbour Road Land Use Study Report

HARBOUR ROAD LAND USE STUDY

REPORT

SUMMARY

1. STUDY PURPOSE The City of Oshawa has carried out on-going planning for the Oshawa Harbour Area for many years. As a result of new information, it became necessary to revisit previously established directions for certain lands located north of Harbour Road, west of Montgomery Creek, south of Wellington Avenue East and east of Simcoe Street South which have a net developable area of 18.5 hectares (46 acres). The change in circumstances arises from additional studies and other initiatives related to the cost of environmental remediation, potential land acquisition by the City and potential new development proposals. On April 25, 2005, Oshawa City Council directed the Commissioner of Development Services to undertake a land use study and adopted an interim control by-law for the area for a period of one year. The term of the by-law was then extended in April 2006 for another year, so that it will expire in April 2007. The land use study involved four major steps: i) background review and analysis; ii) land use option formulation and review; iii) preferred option development; and, iv) final recommendation and report. This report summarizes the results of the study process. Further, since the initiation of the Harbour Road Land Use Study, the City has commenced the preparation of an Oshawa Waterfront Master Plan that will consist of: i) a waterfront vision; ii) waterfront master plan; and, iii) harbour area plan. The Harbour Road Land Use Study will provide input into the broader and more general Oshawa Waterfront Master Plan.

__________________________________________________________________________________ December 2006

i

Christine

Text Box

Attachment No. 1 DS-07-22

_____________________________________________________City of Oshawa Harbour Road Land Use Study Report 2. BACKGROUND REVIEW CONCLUSIONS

The key conclusions of the background review are as follows: i) The existing Official Plan policies for the Study Area at both the Regional and local level

designate most of the Study Area for industrial development. The exception is along the east side of Simcoe Street South, where the land is designated to permit residential uses. In addition, through the Zoning By-law, the Select Industrial A (SI-A) Zone which applies to lands along the north side of Harbour Road and on the west side of Nelson Street at Wellington Avenue East in the Study Area, permits some limited commercial (e.g. restaurant) and institutional (e.g. church) uses, in addition to light industrial uses.

ii) Any change to the current Official Plan policy directions at both the Regional and local

level which would result in a change in the designation of the majority of the Study Area to residential uses, will have to be justified in the context of the new Provincial Policy Statement (March 2005), the Provincial Growth Plan for the Greater Golden Horseshoe (the Growth Plan), and the Durham Region Official Plan. This work has already been initiated. As part of the on-going review of the Durham Region Official Plan (DROP), Durham Regional Council adopted Amendment No. 114 to the DROP which included, among other matters, the redesignation of the Employment Land portion of the Study Area to “Living Area”. This was based on the provisions of the Provincial Growth Plan that permit conversion of Employment Lands that are considered to be regeneration areas, subject to the relevant portions of the Provincial Policy Statement. However, the Minister of Municipal Affairs and Housing has appealed this portion of OPA No. 114. This matter has yet to be resolved.

iii) Provincial legislation and guidelines related to noise, air quality and brownfield development must be taken into account in evaluating future land use options for the Study Area, particularly given its proximity to existing industrial uses to the north and east and the location of two industrial uses in the Study Area itself. iv) There are no significant natural features which limit development of the Study Area, with the exception of a small area in the flood plain in the southeast corner. v) Since Montgomery Creek borders the Study Area to the east, any development must

mitigate impacts on the creek and, where possible contribute to its enhancement. The boundary of the Montgomery Creek floodplain was confirmed as part of this Study.

vi) The lands east of Nelson Street are largely vacant, however, the existing auto salvage

yard will impact on any proposed new development. West of Nelson Street, the Study Area is already developed, although there may be some potential for redevelopment over time.

vii) The Study Area is easily accessible with frontage on two arterial roads, including Simcoe

Street South, the City’s north/south “main street”, which also has transit service. The existing pavement on Harbour Road can accommodate projected traffic demand, however, City staff has recommended that its pavement markings be modified to include a 4 metre

__________________________________________________________________________________ December 2006

ii


(13 foot) wide centre two way left turn lane, or a landscaped centre median island with left turn storage for vehicles destined to new development along Harbour Road. City staff also advised that the 26 metre right of way may be able to accommodate a boulevard multi-use trail on the south side of the road, subject to a detailed design exercise.

viii) The Study Area has a full range of piped services. However, there are constraints on the development of the lands east of Nelson Street as follows:

• Buildings cannot be built over the existing north/south sanitary sewer easement which includes two sewer lines and traverses the area east of Nelson Street;

• There is a requirement for a sewage pumping station to service the two most easterly properties for any use other than perhaps some “dry” industrial development. The cost of this facility is such that it would only be economically feasible for high intensity residential or mixed use development. It would not be feasible for low intensity industrial development, particularly as such a use would not be eligible for the use of Regional Development Charges for servicing; and,

• There is a need for a stormwater management pond to service the easterly properties should they develop for residential purposes.

3. LAND USE OPTIONS Three proposed conceptual land use options were developed based on the information derived from the background review. The options provided a focus for discussion by City Council, residents, landowners, agencies and other stakeholders, leading to the formulation of a new vision for the development of the Study Area. The three land use options1 were: i) Option 1 Industrial Focus ii) Option 2 Mixed Use Focus iii) Option 3 Residential Focus 4. OPTION REVIEW The focal point for the initial public review of the options was an open house on November 3, 2005 which presented the results of the background review and the land use options, as well as a preliminary evaluation of the options. The open house was attended by 25 people. In discussions at the open house there appeared to be significant support for the introduction of Option 3, Residential Focus, based on its potential to enhance the Harbour Area. This support was reflected in the written comments. However, there was one submission from a representative of the most easterly site on the north side of Harbour

1 The options are outlined on Maps 14 to 16 and described in Tables 1 through 3 of the report.

__________________________________________________________________________________ December 2006

iii


Road the “Roofmart” site, which expressed opposition to all the options. Their concern focused on the loss of the ability to have employment uses, particularly open storage uses, and the identification of certain lands fronting on Harbour Road as floodplain2. The public input was used to revise the option evaluation and to develop a preliminary preferred option based on Option 3. The preliminary preferred option was subject to review at a public open house on December 8, 2005. The public open house was attended by 20 people. There was general support at the meeting for the preliminary preferred option and discussion focused on specific issues such as building height and relationship to the Harbour. Following the meeting, City staff was contacted by a representative of Permacon, the industrial operation on the north side of Wellington Avenue East, east of Nelson Street. They expressed concern with the proposed residential use because of the potential for impacts on any future residents from their use. They advised that Permacon is prepared to work with the City to address these issues.

In addition to the public review, City staff met with representatives of the Region of Durham Planning Department to discuss the preliminary preferred option. Regional staff indicated that a comprehensive review of Employment Area lands within the City of Oshawa would need to be undertaken as part of the Regional Official Plan Amendment process for the Study Area. On July 4, 2006, Oshawa City Council passed a resolution requesting that the Region of Durham redesignate in their Official Plan, portions of the Harbour Road Land Use Study Area from “Employment Area” to “Living Area”. As part of the on-going review of the Durham Region Official Plan (DROP), Durham Regional Council adopted Amendment No. 114 to the DROP which included, among other matters, the redesignation of the Employment Land portion of the Study Area to “Living Area”. This was based on the provisions of the Provincial Growth Plan that permitted conversion of Employment Lands that are considered to be regeneration areas, subject to the relevant portions of the Provincial Policy Statement. However, the Minister of Municipal Affairs and Housing has appealed this portion of OPA No. 114. This matter has yet to be resolved. The City has retained Clayton Research Associates Limited to undertake an Industrial Land Supply and Policy Study. Their preliminary conclusions indicate that, even if the Harbour Road lands are converted to a Living Area designation, the City will have an adequate long term supply of industrial land to meet future needs based upon the existing and proposed future supply of employment land,.

2 The floodline outlined on the option maps was based on information provided by the Conservation Authority. The City subsequently prepared updated floodline mapping which has been incorporated in the preferred land use option.

__________________________________________________________________________________ December 2006

iv

_____________________________________________________City of Oshawa Harbour Road Land Use Study Report 5. OPTION EVALUATION A draft preliminary option evaluation was prepared to provide background information to assist the public in providing comments on the options. This evaluation was then revised following the public review of the options, however, the evaluation criteria were maintained because no concerns were identified with them. The evaluation criteria reflect a range of significant considerations established through the background research. They relate to the City’s current “vision” for the Harbour Area, as outlined in the Oshawa Harbour Urban Design Study, 1995,as well as the policies of the Provincial Policy Statement and the Growth Plan; provincial guidelines with respect to environmental impacts; the Region’s Official Plan, the City Official Plan, and specific factors related to the Study Area including existing land use and servicing issues. In addition, the evaluation examines the potential to implement the proposed option (i.e. viability). 3 The revised evaluation ranked each of the land use options from one to three with respect to the criteria. A rank of one indicates that the option does not generally satisfy the criteria, whereas a rank of three indicates that the option generally satisfies the criteria.4 Option 3, Residential Focus, was ranked the highest overall. In particular, it ranked the highest in terms of the promotion of intensification, as well as in supporting the current Oshawa Harbour “vision”. The potential for intensification is particularly significant. The majority of the Study Area east of Nelson Street is currently vacant land. The servicing limitations on the eastern portion of the Study Area mean that any employment uses will be low intensity in nature.5 However, the proposed residential development in Option 3, will allow for a full range of residential uses with a potential for a population in the order of 2-3,000 people. This level of population can use, and provide significant support to, the proposed facilities in the Harbour Area. Option 3 does result in the loss of approximately 11 hectares (27 acres) of land which have been designated for employment uses. However, these lands have been largely vacant for some time, and this must be balanced against the achievement of the Provincial objective of intensification and development of vacant lands, and the support for the City’s Oshawa Harbour “vision”. The only major issue which will require careful attention with Option 3, is the mitigation of the impacts of existing industrial uses on the proposed residential uses. Development must be subject to the submission of studies to address the mitigation of these impacts, particularly noise and dust. In addition, while the loss of employment land is balanced by the significant intensification which is being proposed, the Region has indicated that there is a requirement to undertake a 3 Table 4 of the report identifies each of the evaluation criteria and the basis for their selection. 4 Table 5 of the report outlines the revised evaluation. 5 This conclusion is supported by the comments from the representative of the “Roofmart” property and their concern to preserve the potential for open storage uses.

__________________________________________________________________________________ December 2006

v


comprehensive industrial land needs assessment in accordance with the Provincial Policy Statement (PPS) and the Growth Plan. The Growth Plan has enabling provisions for the conversion of properties within regeneration areas, however, the PPS continues to apply. Completion of the Industrial Land Supply and Policy Study will address the issue of loss of employment land. 6. PREFERRED OPTION The Preferred Option (See Figure S1, Preferred Option and Figures S2 and S3, Urban Design Concept Plans 1 and 26, and a detailed description of the Preferred Option in Tables S1 and S2) which form part of this Summary) is a refinement of Option 3 based on urban design considerations, additional information with respect to the Montgomery Creek floodline, and public input. The main refinements include: i) the requirement for “view corridors” to be protected through to the Harbour; ii) protection of open space areas along Harbour Road, in locations which support the “view

corridors”, iii) creation of an open space area which may be publicly owned or accessible to the public, at

the northeast corner of Simcoe Street South and Harbour Road, instead of the internal park proposed in Option 3;

iv) consideration of the potential for a transition in height along Harbour Road and the establishment of minimum and maximum heights;

v) the requirement that development along Harbour Road be such that it does not create a “wall” effect, which includes a requirement for higher density buildings to be “stepped back” from the street; and,

vi) the requirements for urban standards for local roads (public or private), including the provision of sidewalks.

It should also be noted that the Preferred Option is premised on the fact that interest has been expressed by landowners in residential development for some of the key lands in the Study Area. However the market for higher density residential development along the Oshawa waterfront has not been recently tested. Market viability and the related timing of development will evolve over time and redevelopment/revitalization of the lands on the south side of Harbour Road will contribute to the development potential of the lands in the Study Area. Further, a phased approach to residential development can be expected as long as industrial uses (e.g. automobile salvage yard and pallet manufacturing business) remain in the Study Area. These uses may be a deterrent to the marketability of the area for new residential uses. New residential uses will also require certain mitigation measures (e.g. setbacks, buffers) in order to ensure compatibility with both the industrial uses in the Study Area, and those to the north and east of the Study Area.

6 Concept Plans 1 and 2 and related photographs illustrate potential building forms and layouts. They are intended as examples, they are not intended to represent the only type of development which would be permitted.

__________________________________________________________________________________ December 2006

vi

_____________________________________________________City of Oshawa Harbour Road Land Use Study Report 7. POLICY AND REGULATORY DIRECTIONS Currently both the Regional and City Official Plan designate the lands along Simcoe Street South for residential development, and the remaining lands in the Study Area for employment uses. In order to implement the Preferred Option, the following actions are required: i) Approval of relevant portions in Official Plan Amendment No. 114 to the DROP that relate

to the conversion of land from Employment Area to Living Area within the Study Area. If approval or resolution of OPA 114 is delayed the City may have to initiate or request a separate approval process.

ii) Official Plan Amendment to the City of Oshawa Official Plan; iii) Zoning By-law Amendment; and, iv) Preparation of Urban Design Guidelines. The amendment to the City’s Official Plan must be designed to achieve the following objectives: i) Ensure intensification

A significant feature of the Preferred Option is the gradation of residential densities in the Study Area with High Density uses (e.g. apartment/condominium) along the north side of Harbour Road, Medium Density residential development in the interior of the Study Area (e.g. stacked townhouses), and ground orientated Medium and Low Density residential development along the northern portion of the Study Area (e.g. singles on small lots). To achieve this development form and an adequate level of intensification,, the Official Plan and Zoning By-law must provide specific policies and regulations for this area including mechanisms such as the establishment of minimum, as well as maximum, densities. For example, in order to permit high density apartments (i.e. High Density II uses in the Official Plan) fronting onto Harbour Road, a specific enabling provision will be required in the Official Plan as currently such development is not permitted, except on the periphery of the Central Business District and on arterial roads in other Central Areas. The enabling provision should provide the policy direction for the lands on the north side of Harbour Road.

ii) Support for the Harbour “Vision” and related Design Directions

In addition to the density of the proposed development, the design of the development in this area is the key to supporting the City’s Harbour “vision”. The policies should require the preparation of detailed urban design guidelines as a basis for development. In addition, specific directions with respect to urban design identified through this study should be reflected in the policies including:

• the requirement for “view corridors” to be protected through to the Harbour;, and the

related protection of open space; • establishment of heights of six to twelve storeys for residential development on the

north side of Harbour Road;

__________________________________________________________________________________ December 2006

vii


• the requirement that development along Harbour Road be such that it does not create a “wall” effect, which includes a requirement for higher density buildings to be “stepped back” from the street; and,

• a direction that buildings should be designed to help define the street edge. iii) Ensure Environmental Mitigation

New residential development in this area can only proceed provided environmental impacts are mitigated in keeping with Provincial guidelines. The technical input received as a basis for the Study indicated that impacts on residential uses should be able to be appropriately mitigated through the use of measures such as setbacks, and a berm and acoustic fencing along the Wellington Avenue East road allowance, east of Nelson Street. However, no residential development in the Study Area, excluding those fronting on Simcoe Street, can proceed until detailed environmental investigations (e.g. noise, air quality, vibration) are carried out based on specific development proposals. In addition, verification is required that the soils are suitable for residential development in accordance with the relevant Provincial guidelines. The Official Plan must require that a holding zone be established for this area in the Zoning By-law, and that the submission of the necessary technical studies, and the establishment of required mitigative measures to protect existing industrial uses and new residential development, be a condition of the lifting of the “holding” provision.

In addition to the amendments to the Official Plan, an amendment to the zoning by-law will be required. The Zoning By-law will need to be amended generally as follows and in most cases special conditions will have to be incorporated in the zone to implement the directions of this Study: i) Existing Residential on Simcoe and Wellington Streets

The zoning in this area would remain the same (R2 Residential Zone), with the exception of the most southerly three lots on Simcoe St. which would be put in a zone permitting high density residential development in order to encourage property consolidation and eventual redevelopment.

ii) Northern Portion of the Study Area

To recognize the potential for the redevelopment of this area for medium density residential development, it would be rezoned to a zone such as a R2 or R3 Zone, subject to special conditions which would permit a range of housing such as single detached, semi-detached and townhouse dwellings.

iii) Central Portion of the Study Area

Given the transitional nature of this area, it should be zoned in a manner which will permit a broad range of medium density residential uses including not only the stacked townhouses and low rise apartments which are intended to be the primary uses, but also street and block townhouses. Potential zone categories include R3, R4 and R6, with special conditions.

__________________________________________________________________________________ December 2006

viii

_____________________________________________________City of Oshawa Harbour Road Land Use Study Report iv) Harbour Road Frontage

The lands fronting on Harbour Road will be zoned to permit high density residential development. The R6 zone category, with special conditions, is suggested.

v) Montgomery Creek Floodplain The OSH zoning is recommended for the Montgomery Creek Floodplain. vi) Holding Zone

In addition to the base zoning category, it is recommended that a holding provision, in accordance with the provisions of the Planning Act, be included in the zoning for all the lands with the exception of the existing residential area on Simcoe and Wellington Streets. The holding zone would only be lifted when conditions which address environmental, transportation, servicing, and urban design considerations, such as the following, are satisfied: • completion of technical studies that confirm the appropriate measures (e.g. setbacks, berm, acoustic fencing, soil remediation) necessary to address environmental issues to permit residential development, given the surrounding industrial uses, and appropriate arrangements with the City, in the form of subdivision or other agreements to address these environmental issues; • approval of detailed urban design and implementation guidelines by the City for the lands in the Study Area that address issues such as lotting pattern, mix and variety of dwelling unit types, and road pattern and ownership; • execution of a site plan agreement, where applicable, with the City which addresses

matters identified in the urban design and implementation guidelines including siting of buildings, landscaping, and massing;

• appropriate arrangements are made with the City in the form of a subdivision or other agreement to address transportation or other similar issues, including road layout, construction and ownership of public roads and interconnecting private roads and driveways;

• completion of a stormwater management study to the satisfaction of the City and the Central Lake Ontario Conservation Authority and appropriate arrangements are made with the City, including the execution of a servicing or other agreement, to address the provision of adequate sewer, water and storm service facilities to serve proposed development; and,

• verification has been provided to the satisfaction of the City that the soil is suitable for the proposed development in accordance with the relevant Provincial guidelines.

vi) Existing Uses

Ultimately it is intended that the existing industrial uses will be redeveloped for residential uses. However, they will be recognized as permitted interim uses in the zoning by-law through the holding zone provision.

__________________________________________________________________________________ December 2006

ix

_____________________________________________________City of Oshawa Harbour Road Land Use Study Report 8. CONCLUSION Based on the background review and option analysis, the Preferred Option, Residential Focus, as illustrated on Figure S1, Preferred Option and Figures S2 and S3, Urban Design Concept Plans1 and 2, is recommended as a basis for the future development of the area bounded by Wellington Avenue East, Montgomery Creek, Harbour Road and Simcoe Street South. The development is to be conditional on the inclusion of policy directions in the City’s Official Plan, and the establishment of related zoning regulations, which provide for the development of : i) approximately 700-1,600 residential units (1,500-3,500 population) are developed; ii) design directions which support the City’s Harbour “vision” are implemented; iii) the necessary studies to establish measures required to mitigate the impacts of adjacent

existing and potential industrial development on proposed residential development are prepared; and,

iv) appropriate transportation, sewer, water and stormwater facilities are provided.

Table S1 Preferred Option Residential Focus

General Approach

The Preferred Option would change the existing land use and policy/regulatory directions by introducing the potential for significant residential development throughout the Study Area, with commercial and office uses on the ground floor of mixed use buildings fronting on Harbour Road. In addition, the potential for some medium density residential development would be introduced west of Nelson Street

Design Approach

The key directions guiding the urban design for this area involve the relationship of any new development to the Harbour including maximization of views of the Harbour and the Lake and ensuring that a “wall” effect is not created along Harbour Road

Map Designation (reflects Official Plan Density Classes)

Description

Existing Residential on Simcoe and Wellington Low Density Residential (1.8 ha – 4.4 acres)

The Low Density Residential direction would apply to the majority of the existing low density residential development along Simcoe St and Wellington Avenue East. This would permit infill development similar to the existing single and semi-detached development.

Northern Portion of Study Area Low and Medium Density I Residential

• The Low/Medium Density I residential area would permit a range of housing forms from single detached dwellings to townhouses. This development would be 2 to 3 stories in height.

• The lands on the southwest corner of Wellington Avenue East and Nelson Street are

currently used by the Association of Community Living, and include industrial and

__________________________________________________________________________________ December 2006

x



(4.4 ha - 11 acres)

institutional uses. The Low/Medium Density I residential designation would permit the current use to continue, however, it would also recognize the potential for the ultimate development of the site for medium density residential uses, including some small lot single detached dwellings.

• The lands immediately south of Wellington Avenue East, east of Nelson Street would

also be designated to permit medium density residential development, including the potential for some small lot single detached dwellings.

Central Portion of Study Area Medium Density 1&II Residential (4.8 ha – 12 acres)

The central portion of the Study Area, including the lands along Montgomery Creek would serve as a transitional area. It is proposed to be developed primarily with stacked townhouses or low rise apartments of 3-4 stories in height. However, the ultimate development layout and building form would be refined through the urban design study, and the review of specific development applications. Based on this more detailed review, while the development would still be medium density it could include some street or block townhouses. It may also include some provision for parking structures related to the high density development along the north side of Harbour Road.

Harbour Road Frontage High Density I and High Density II Residential (3 ha – 7.4 acres)

The lands along Harbour Road, both east and west of Nelson Street would be developed for higher density residential development including medium and high rise apartments. In addition, for buildings fronting on Harbour Road the ground floor could be used for convenience commercial, personal service, restaurant and office uses. The higher density development fronting on Harbour Road would have heights from 6 to 12 stories, but designed to minimize any possible “wall” effect as set out below. This development is intended to maximize the buildings oriented to the Harbour. At the same time, it would be designed to ensure: • “view corridors” from the lands to the rear through to the Harbour; • that a “wall” effect is not created along Harbour Road through the design of the

buildings, in particular through: o a well articulated building base with a high amount of glazing that respects

the pedestrian scale; o building setbacks and stepbacks which spatially define the street and public

spaces, while minimizing shadow impacts on adjacent lower density development; and,

o the location of open space areas between the buildings. In order to maximize the utilization of these lands and their relationship with the Harbour,, free standing commercial and office uses would not be permitted.

Open Space (area to be determined TBD)

An “urban plaza/gateway feature”, which may be on private or public land will be located at the northeast corner of Simcoe Street and Harbour Road. There will also be private open space areas along the Harbour Street frontage to preserve the view and to help ensure that a “wall” effect is not created by the buildings.

Flood Plain (0.6 ha – 1.5 acres)

• Development would be prohibited in the floodplain area. The floodplain area and the lands along Montgomery Creek will be maintained as a natural area, and would be enhanced by the location of the required stormwater management facility.

Buffer (area to be determined TBD)

Mitigation measures will be required to buffer the residential development from adjacent existing and potential industrial uses. The size and type of these facilities will be determined through studies required as a condition of development.

__________________________________________________________________________________ December 2006

xi



To the north, it is anticipated that a physical buffer (e.g. noise fence, berm), as well as a physical separation will be required between the proposed residential and existing industrial development to mitigate impacts, particularly noise and odours. This would be located along and to the south of the Wellington Avenue East road right-of-way. Any studies will also address potential impacts from the east, particularly if the existing rail spur line is reactivated as is currently proposed.7

Stormwater Facility (TBD)

A stormwater management facility will be required at the east end of the Study Area for the residential development.

Existing Roads

The existing roads would be maintained , with improvements to Harbour Road and Nelson St.

Potential Roads (TBD)

An internal pattern of public local streets and private roads and driveways will be required to service the new residential development. The proposed pattern may be varied from that illustrated on the Preferred Option Map depending on the ultimate configuration of development, but a priority will be put on connectivity to the existing public streets and within the development.

Projected Employment

17

Projected Population

700 to 1,600 potential residential units = 1,500 to 3,500 population

7CN Rail has applied to the Canadian Transport Agency to reactivate the existing spur line and extend it to the east wharf of the harbour. The City is opposed to the application and has requested the Agency to stay the application pending resolution of outstanding property disputes and other issues.

__________________________________________________________________________________ December 2006

xii


Table S2 Summary Of Proposed Residential Density Area Description Existing Residential on

Simcoe and Wellington Northern Portion Of The Study Area

Central Portion Of The Study Area

Harbour Road Frontage & North East corner of Simcoe

Map Designation and Oshawa Official Plan (O.P.)Residential Classification (Table 2 in O.P.)

Low Density Low/Medium Density I Residential

Medium Density I and Medium Density II Residential

High Density I and II Residential

Oshawa Official Plan Net Residential Density

15 - 30 units per hectare maximum (existing density is much lower)

30 to 60 units per hectare (target – to be refined in urban design study)

60 to 85 units per hectare (target – to be refined in urban design study)

High Density I: 85-150 units per hectare High Density II: 150 to 300 units per hectare

Zoning Commentary

Existing Zoning is appropriate(2)

Zoning should permit singles, semi’s and townhouses.

Zoning should permit full range of townhouses, including stacked townhouses, as well as small apartment buildings

Zoning should permit Apartments from 6 to. 12 storeys (4).

Net Land Area (approximate) (1)

1.8 ha 4.4 ha 4.8 ha 3.0 ha

Estimated Units (3) 25 to 50 (includes accessory units)

125 to 250 300 to 400 250 to 900

Estimated Population (4)

75 to 150 (assumes 3 ppu)

375 to 750 (assumes 2.85 ppu) 675 to 1,000 (assumes 2.3 ppu)

475 to 1,600 (assumes 1.72 ppu)

__________________________________________________________________________________ December 2006

xiii


Area Description

Northern Portion Of The Study Area

Central Portion Of The Study Area

Harbour Road Frontage & North East corner of Simcoe

Examples of existing development in Oshawa that could occur under suggested zoning

Location: Cottingham Cres Zoning: R1-E(8) (equivalent of R2 – small lot singles) Units Per Hectare: 43 uph

Location: Tilbury St. Zoning: R3-A(5) Units Per Hectare: 52 uph

Location: S.E. corner Kaiser Cres & Brock St: Zoning R6-C/R3-A Units Per Hectare: 223 uph (for entire site)

Note: level of density achieved as a result of underground parking

__________________________________________________________________________________ December 2006

xiv


Examples of existing development in other communities that could occur under suggested zoning

Kentlands, Maryland, USA

Cornell, Markham

Port Credit Village, Mississauga


Burlington, Ontario


Note: example of development respecting a view corridor to the lake

NOTES

1) Excluded land devoted to flood plain, open space, potential roads, stormwater management ponds which represents an area of approximately 4.6 ha for a total study area of 18.5 ha.

__________________________________________________________________________________ December 2006

xv


2) This area includes the following site specific compound zoning provisions: R3-A at the corner of Wellington Ave. and Simcoe Street; and, CIN on 1221 Simcoe Street South

3) Total estimated number of units for the study area: 700 to 1,600 4) Total estimated population for the study area: to 1,500 to 3,500

__________________________________________________________________________________ December 2006

xvi

Figure S-2 City of Oshawa Harbour Road Land Use Study: Preferred Option Urban Design Concept Plan 1

The placement and orientation of buildings will preserve and frame views to

the Harbour, as exemplified in this Port Credit, Mississauga development.

Two or three storey ground based residential developments are appropriate

at locations adjacent to the existing single-detached residential.

Landscaped courtyards will sit atop the parking deck, creating a shared amenity

space for residents.

Street trees will line all new roads and a double row of trees will line the north

and south sides of Harbour Road, thereby creating a continuous tree canopy

throughout the area.

Mixed-use and higher density residential buildings should have a well

articulated building base that respects the pedestrian scale. The integration

of at-grade retail, office or other similar uses along the Harbour Road frontage

should be encouraged.

Building setbacks and stepbacks should spatially define streets and public

spaces as well as minimizing shadow impacts on adjacent residential areas.

The intersection of Simcoe Street and Harbour Road should be highlighted

with an urban plaza and gateway feature. The location and orientation of this

plaza will frame views south to the Oshawa Harbour and provide an amenity

space for area residents.

Taller buildings should be encouraged along Harbour Road, particularly at

corner locations. These buildings should incorporate a higher percentage of

glazing at-grade and stepback above the building base.

An intermixing variety of housing types, including single-detached (pictured

here), semi-detached and townhouses are encouraged throughout the

proposed medium density residential area.

Figure S-3 City of Oshawa Harbour Road Land Use Study: Urban Design Concept 2

PROPOSED AMENDMENT NO. ___ TO THE

CITY OF OSHAWA OFFICIAL PLAN PART I INTRODUCTION Purpose Location Basis PART II ACTUAL AMENDMENT PART III IMPLEMENTATION PART IV INTERPRETATION Note: Parts I, III and IV do not constitute the legal parts of this Amendment but serve only to

provide background information.

Christine

Text Box


PART I: INTRODUCTION Purpose The purpose of this Amendment to the Oshawa Official Plan is to implement the Harbour Road Land Use Study by redesignating lands on Schedule “A” located in the area east of Simcoe Street South, and bounded by Harbour Road on the south, Wellington Avenue East on the north, and Montgomery Creek on the east, and by adding appropriate policies to the Official Plan. Location The lands to which this Amendment applies are located generally in the area east of Simcoe Street South and bounded by Harbour Road, Wellington Avenue East, and Montgomery Creek. The general location of this site is shown on Exhibit “A” attached to this Amendment. Basis On April 25, 2005, Oshawa City Council directed the preparation of a land use study for lands located north of Harbour Road, west of Montgomery Creek, south of Wellington Avenue East and east of Simcoe Street South. The study was considered necessary to provide a land use framework to guide development decisions for a key regeneration area that has been largely vacant and underutilized for some time. The regeneration area is strategically located on the City’s waterfront and waterfront trail. A consulting team was engaged to undertake the study. The proposed Amendment is generally based on the recommendations of the consultant team. The Council of the Corporation of the City of Oshawa is satisfied that this Amendment to the Oshawa Official Plan is appropriate.

PART II: ACTUAL AMENDMENT The Amendment to the Oshawa Official Plan consists of the following text and the attached Exhibit “A”. 1. The Oshawa Official Plan is hereby amended by: 1.1 Amending Schedule “A” Land Use by redesignating certain lands located north of

Harbour Road, west of the Montgomery Creek 100 year regulatory storm floodline and the Wilson Road South unopened road allowance, south of Wellington Avenue East (including the unopened portion) and east of Nelson Street (including the unopened portion), plus land located at the southwest corner of Wellington Avenue East and Nelson Street (39 Wellington Avenue) from Industrial to Residential as shown on Exhibit “A”.

1.2 Amending Section 2.3.7 to add a new subsection 2.3.7.18 as follows:

“2.3.7.18 Development of the lands bounded by Harbour Road on the south, the Montgomery Creek 100 year regulatory storm floodline and the Wilson Road South unopened road allowance to the east, Wellington Avenue East to the north (including the unopened portion), both sides of Nelson Street to the

west (including the unopened portion and 39 Wellington Avenue East), plus lands at the northeast corner of Simcoe Street South and Harbour Road, shall be subject to the following:

(a) Notwithstanding any provisions of this Plan to the contrary, there shall

be a gradation in density within the subject lands as follows:

(i) The lands along the north side of Harbour Road shall be developed with High Density II Residential uses, but may permit High Density I Residential uses subject to the inclusion of appropriate provisions in the Zoning By-law;

(ii) Lands to the immediate north of the High Density I and/or II Residential uses shall be used for Medium Density I and/or II Residential uses; and,

(iii) The most northerly portion of the subject lands shall be developed with a mixture of ground oriented Low and Medium Density I Residential uses.

(b) Development in this area shall be planned and designed to achieve a

high quality of urban design that takes advantage of the Oshawa waterfront, and shall address, among other matters, the following:

(i) Protection of “view corridors” to the waterfront and Harbour; (ii) Provision of a gateway feature at the northeast corner of Simcoe

Street South and Harbour Road; (iii) Ensuring development along Harbour Road does not create a

“wall” effect; and, (iv) New development shall incorporate appropriate design techniques

and setbacks so as to minimize impacts to existing residential uses along Simcoe Street South.

The foregoing urban design considerations shall be addressed during the development review process and in the preparation of any urban design guidelines for this area.

(c) Prior to residential development, environmental investigations shall be

undertaken by a qualified consultant to address land use compatibility and adverse impacts associated with industrial uses that are located within the surrounding area (e.g. noise, air quality, vibration), and suitable arrangements shall be made to the satisfaction of the City to implement any recommended mitigation measures. Environmental mitigation for lands east of Nelson Street must be addressed in a comprehensive manner in order to ensure compatibility with nearby industrial uses;

(d) Prior to residential development, any required investigations shall be

undertaken and any necessary mitigative measures shall be identified and implemented in order to address adverse environmental effects associated with soil and water contamination, in accordance with Provincial guidelines in effect at the time of development;

(e) Prior to residential development on any property located east of Nelson Street or in the northeast quadrant of Simcoe Street South and Harbour Road, the following shall undertaken:

(i) A development plan and related urban design guidelines shall be

prepared to the City’s satisfaction showing public and/or private roads, lotting patterns, mix and variety of dwelling unit types;

(ii) A transportation study shall be prepared that meets the requirements of the Municipal Class Environmental Assessment process. Suitable arrangements in the form of a plan of subdivision and subdivision agreement shall be made to the City’s satisfaction to implement any public roads identified in the transportation study. Appropriate arrangements to the City’s satisfaction shall be made to implement any private roadways identified in the transportation study, including provision of any required cross-access easements. Implementation of the public and/or private road pattern may be phased subject to appropriate arrangements to ensure adequate access is available for adjacent properties;

(f) Prior to residential development of lands within 300 metres of a

waterway or waters within the Oshawa Harbour, an archaeological assessment is completed to the satisfaction of the Ministry of Culture; and,

(g) Limited ground floor office, retail, personal service establishments and

restaurants may be permitted on the ground floor of multi-storey mixed residential-commercial buildings along Harbour Road, provided such commercial uses have direct pedestrian access to Harbour Road, and are subject to the inclusion of appropriate provisions in the Zoning By-law.

The City shall use a holding symbol, as appropriate, to address matters outlined in sub-section 2.3.7.18 (a) to (g), and any matters in Section 9.3.4 of this Plan.

PART III: IMPLEMENTATION The provisions set forth in the City of Oshawa Official Plan, as amended, regarding the implementation of the Plan, shall apply in regard to this Amendment.

PART IV: INTERPRETATION The provisions set forth in the City of Oshawa Official Plan, as amended, regarding the interpretation of the Plan, shall apply in regard to this Amendment.

OSHAWAHARBOUR

SIMC

OE ST S

FA

RE

WE

LL

S

T

RD

HARBOUR

WENTWORTH ST E

k:\O

shaw

aHa

rbo

ur\

OP

amen

dmen

t.m

xd\2

1-1

2-0

6

Exhibit 'A' to Amendment No.____ to the Oshawa Official Plan

City of OshawaDEVELOPMENT SERVICES DEPARTMENT

LegendSubject Site

Industrial

Open Space and Recreation

Planned Commercial Strip

Residential

Local Central Area

Marina Node

Recreational Node

Tourist Node

Special Policy Area Boundary

WELLINGTON ST

FROM: INDUSTRIALTO: RESIDENTIAL

By-Law _________of The Corporation of the City of Oshawa

being a by-law to amend By-law Number 60-94, as amended, of the Corporation of the City of Oshawa. IT IS ENACTED as a by-law of the Corporation of the City of Oshawa by its Council as follows: 1. By-law Number 60-94, as amended, is further amended by changing the zoning for the lands

shown on the enlarged portion of Part of Maps B1 and C1 attached hereto as Schedule “A”, as follows:

(a) from SI-A to R2(7) / R3-A “h-52”, “h-54” (b) from SI-A to R2(7)/R3-A/R4-A/R6-B “h-52”, “h-54” (c) from SI-A to R3-A/R4-A/R6-B “h-52”, “h-53” (d) from SI-A to R6-D(2) “h-52”, “h-53” (e) from SI-A to OSH (f) from SPI to R2(7) / R3-A “h-52”, “h-53” (g) from SPI to R2(7) / R3-A / R4-A / R6-B “h-52”, “h-53” (h) from OSH to R3-A/R4-A/R6-B “h-52”, “h-53” (i) from OSH to R2(7)/R3-A/R4-A/R6-B “h-52”, “h-53” (j) from R2 to R3-A/R4-A/R6-B “h-52”, “h-54” (k) from R2 to R3-A/R4-A/R6-B “h-52”, “h-53” (l) from R2 to R6-D(2) “h-52”, “h-53” so that Maps B1 and C1 shall be amended as shown on the enlarged portion of Part of Map B1 and C1 attached to the By-law as Schedule “A”.

2. By-law Number 60-94, as amended, is further amended by adding to Subsection 7.3 Special Conditions, the following: “7.3.8 R2(7) Zone (South of Wellington Avenue East) 7.3.8(1) Notwithstanding Subsection 7.1 to the contrary, in any R2(7) Zone, only the

following uses are permitted:

(a) Single detached dwelling (b) Semi-detached building (c) Semi-detached dwelling

7.3.8 (2) In any R2(7) Zone, the maximum lot frontage for a semi-detached dwelling on

an interior lot and a single detached dwelling shall be 11.0 metres.”

3. By-law No. 60-94 as amended, is further amended by adding to Subsection 11.3 Special Conditions, the following: “11.3.7 R6-D(2) Zone (East of Simcoe Street South, North of Harbour Road) 11.3.7(1) In any R6-D(2) Zone, the minimum density shall be 150 dwelling units per

hectare. 11.3.7(2) Notwithstanding the provisions of Table 11.2 to the contrary, in any R6-D(2)

Zone, the maximum height shall be 36 metres.

98018-0610

Christine

Text Box


98018-0610

11.3.7(3) In any R6-D(2) Zone, a minimum of 50% of required parking shall be provided either underground or in a parking structure.”

4. By-law Number 60-94, as amended, is further amended by adding a new Sentence 3.5.2 (52)

to Subsection 3.5 Holding “h” Zones as follows:

“3.5.2 (52) “h-52” Zone (North side of Harbour Road, east of Simcoe Street South)

Purpose: To ensure that: (a) An appropriate site plan agreement or subdivision agreement, where

applicable, is executed with the City. (b) Verification has been provided to the satisfaction of the City and the

Region that the soils of the subject site are suitable for development in accordance with the relevant Provincial guidelines in effect immediately prior to the issuance of a building permit;

(c) A stormwater management study is prepared to the satisfaction of the

City and the Central Lake Ontario Conservation Authority; (d) Appropriate arrangements shall be made for the provision of adequate

sanitary, water, storm and foundation drainage services to serve this development to the satisfaction of the City and Region; and,

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

Ministry of Culture for lands within 300 metres of a waterway or waters within the Oshawa Harbour.

Permitted Interim Uses: (a) All lawfully existing uses as of April 10, 2007 subject to Articles 38.2.2,

38.2.3, 38.2.4 and 38.2.5 (b) Outdoor recreational uses without buildings or structures”


to Subsection 3.5 Holding “h” Zones as follows: “3.5.2 (53) “h-53” Zone (North of Harbour Road, east of Simcoe Street South and Nelson

Street)

Purpose: To ensure that: (a) A development plan and related urban design guidelines are prepared

to the satisfaction of the City showing public or private roads, lotting patterns, mix and variety of dwelling unit types for the entire area subject to “h-53”.

(b) A transportation study that meets the requirements of the Municipal

Class Environmental Assessment process, is completed to the satisfaction of the City showing a public or private road pattern for the entire area subject to “h-53”. Appropriate arrangements in the form of a plan of subdivision and subdivision agreement shall be made to the satisfaction of the City to implement any public roads identified in the transportation study. Appropriate arrangements to the City’s satisfaction shall be made to implement any private roads identified in the

98018-0610

transportation study, including provision of any required cross-access easements. Notwithstanding the foregoing, implementation of the public or private road pattern may be phased, provided the City is satisfied that appropriate arrangements and agreements are in place to ensure adequate access is available for adjacent properties subject to the “h-53”.

(c) Environmental studies are undertaken and appropriate arrangements

are made with the City, in the form of a subdivision or other agreement, to address the mitigation of noise, odour and vibration for the area subject to “h-53”. The development of the area and the removal of the “h” may be phased provided that the City is satisfied appropriate arrangements and agreements are in place to ensure development of adjacent lands is not compromised.




to Subsection 3.5 Holding “h” Zones as follows:

“3.5.2 (54) “h-54” Zone (South of Wellington Avenue East, west of Nelson Street)

Purpose: To ensure that: (a) Environmental studies are undertaken and appropriate arrangements

are made with the City, in the form of a subdivision or other agreement, to address the mitigation of noise, odour and vibration.



7. By-law Number 60-94, as amended, is further amended by adding to Subsection 3.7 Multiple

Zones, the following:

“3.7.4 “The provisions of article 3.7.2 shall not apply to any lot zoned as R6-D(2) and R6-B.”

8. Schedule “A” attached hereto forms part of this by-law. 9. This by-law shall not come into force until Amendment No. XXX to the Oshawa Official Plan

has been finally approved. This by-law shall come into force in accordance with the provisions of the Planning Act.

By-law approved this __________ day of _____________________, 2007.

Mayor City Clerk

k:\O

shaw

aHa

rbo

ur\

Har

bou

rRd

_Re

zon

e.m

xd\1

8-0

1-0

7

PART OF MAPS B1 AND C1

THIS IS SCHEDULE "A" TO BY-LAW NUMBER___PASSED THIS ____ DAY OF _________________, 2007

CIN

OSHSI-A

R4-A/R6-BOSPCIN

/

HBC(1).T12

OS

P

SPI

OSW

SI-A

R1-C

(3)

R1-E(8)

R1-C

SPI

OS

P

SI-A

R2

R2/R

6-B

OS

H

OSH

R3

-A(5

)

HBC.T12

OSW

R2/

R2

R1-E(8)/CIN(3)

R2/

GI

R2

R3-A

WELLINGTON

TIL

BU

RY

ST

KAWARTHA

VALLEY

DR

LAKEVIEW PARK AVE

HARBOUR

BIR

CH

CLI

FF

E C

T

ST

WATERLOO

SIMC

OE ST

NE

LSO

N

AVE

SIMC

OE ST

COTTINGHAM

MEAD

OW

VALE

S

CT

CRES

ST

AVE E

RD

W

ST

NE

LSO

N

AVE EWELLINGTON

ST

NE

LSO

N

AVE

HARBOUR

R2(7)/R3-A"h-52", "h-53"R2(7)/R3-A

"h-52", "h-53"

R2(7)/R3-A/R4-A/R6-B"h-52", "h-53"

R2(7)/R3-A/R4-A/R6-B"h-52", "h-53"

R6-D(2) "h-52","h-53"

R6-D(2) "h-52","h-53"

OSH

OS

HR2(7)/R3-A"h-52", "h-54"

R3-A/R4-A/R6-B

"h-52","h-54"

R3-A/R4-A/R6-B

"h-52","h-54"

100m100m

R2(7)/R3-A/R4-A/R6-B

"h-52", "h-54"

45m45m

R3-A/R4-A/R6-B"h-52", "h-53"

R3-A/R4-A/R6-B"h-52", "h-53"

50m50m

R1-C SIMC

OE ST S

THE LANDS IDENTIFIED ON THIS SCHEDULE AREBEING RE-ZONED FROM THE ZONES INDICATED

ABOVE TO THE ZONES INDICATED BELOW.

ds-07-22-harbour road land use study final...

Documents