dsc minutes may 4, 2015 - oshawaapp.oshawa.ca › ... › 2015 › 05-04 ›...

Development Services Committee Meeting May 4, 2015

Minutes of the seventh meeting of the Development Services Committee for 2015, held in the Committee Meeting Room, Council Building, Oshawa Civic Administration Complex at 1:30 p.m. and minutes of a public meeting held pursuant to the City’s Telecommunication Policy in the Council Chamber at 6:45 p.m. on Monday, May 4, 2015.

Present: Councillor Aker, Chair Councillor Carter, Member Councillor Chapman, Member Councillor Sanders, Member Mayor Henry, Ex Officio

Also Present: Councillor Kerr

Councillor Neal (entered at 2:00 p.m.) Councillor Shields (left at 2:31 p.m.) M. Pringle, Committee Coordinator P. Ralph, Commissioner, Development Services G. Carroll, Director, Engineering Services M. Leonard, Director, Building Permit and Inspection Services C. Symons-Milroy, Director, Economic Development Services J. Conlin, Director, Municipal Law Enforcement and Licensing Services S. Ashton, Manager, Development and Urban Design W. Munro, Manager, Policy P. Lee, Manager, Water Resource Services D. Sappleton, Principal Planner H. Kabir, Principal Planner R. Bedic, Planner ‘B’ L. Moebs, Planner ‘B’ K. Gravelle, Lawyer

Absent: Councillor Pidwerbecki, Vice-Chair

Public Agenda

Declarations of Pecuniary Interest

Councillor Carter made a declaration of pecuniary interest concerning Report DS-15-113, ‘Request to Allow City Financial Incentives for Hotel Development to be Transferable to Lender, 67 Simcoe Street North (File: B-1200-0032)’, as he is a member of the B.I.A. and owns property in the downtown, and he did not take part in the discussion or voting on the matter.

Councillor Kerr made a declaration of pecuniary interest concerning Report DS-15-104, ‘Revised Applications to Amend Zoning By-law 60-94 for 550 Bond Street West, 56 Stevenson Road North and 57 Elizabeth Street, Hillsport Developments Inc.’ as he is a resident in the area, and he did not take part in discussion on the matter.

(See Page 4 for a declaration made by Councillor Neal)

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Development Services Committee Minutes - 2 - May 4, 2015

Delegations

Moved by Councillor Chapman, “That the delegations of Matthew Paplyk, Valerie Levey-Paplyk, Lamis Boland (on behalf of Nancy Holman), Allan Boland (on behalf of David Holman), Mike Logan, Gloria Logan, Bill Northam and Morris Paplyk be heard.” Carried

Lamis Boland addressed the Development Services Committee on behalf of Nancy Holman, in opposition to Report DS-15-104, ‘Revised Applications to Amend Zoning By-law 60-94 for 550 Bond Street West, 56 Stevenson Road North and 57 Elizabeth Street, Hillsport Developments Inc.’, expressing concern regarding the proposed high-density development, the loss of character to the surrounding neighbourhood, the proposed location of the walkway, insufficient parking, a potential second entrance off Elizabeth Street and the loss of sunlight. The delegate stated that area residents bought their homes under the assumption the land was zoned residential and that single-family homes would be developed. Lamis Boland further questioned why an additional pharmacy is needed when there are upwards of ten in the area, and she requested information about the medical clinic.

Allan Boland addressed the Development Services Committee on behalf of David Holman, in opposition to Report DS-15-104, ‘Revised Applications to Amend Zoning By-law 60-94 for 550 Bond Street West, 56 Stevenson Road North and 57 Elizabeth Street, Hillsport Developments Inc.’ stating that residents invested in their homes and if the proposed development is built, property values will decrease. The delegate further expressed concern regarding the location of the walkway, safety and light pollution, noting that he feels his interests are not being addressed.

Mike Logan addressed the Development Services Committee in opposition to Report DS-15-104, ‘Revised Applications to Amend Zoning By-law 60-94 for 550 Bond Street West, 56 Stevenson Road North and 57 Elizabeth Street, Hillsport Developments Inc.’, expressing concern regarding the height of the building, insufficient parking, noise pollution, storm water capacity, the proposed location of the walkway and disturbance during construction. The delegate stated he has lived in the area for 25 years and that the proposed development will change the neighbourhood appeal.

Gloria Logan withdrew her request to address the Development Services Committee.

Bill Northam addressed the Development Services Committee in opposition to Report DS-15-104, ‘Revised Applications to Amend Zoning By-law 60-94 for 550 Bond Street West, 56 Stevenson Road North and 57 Elizabeth Street, Hillsport Developments Inc.’, expressing concern over the proposed location of the walkway and that the Report does not mention the 150 signature petition he submitted in January in opposition to the project. The delegate further expressed concern over the poor distribution of information and lack of notice of the meeting.

401


Matthew Paplyk addressed the Development Services Committee in opposition to Report DS-15-104, ‘Revised Applications to Amend Zoning By-law 60-94 for 550 Bond Street West, 56 Stevenson Road North and 57 Elizabeth Street, Hillsport Developments Inc.’, questioning what has changed from the original proposal submitted two years ago, that staff is now recommending approval, given that in his opinion, the application is worse than before. The delegate further questioned where visitors will park on holidays and when coming to the clinic, suggesting if the developer implements paid parking, people will park on the side streets.

Valerie Levey-Paplyk addressed the Development Services Committee on behalf of William and Anne Wooley, in opposition to Report DS-15-104, ‘Revised Applications to Amend Zoning By-law 60-94 for 550 Bond Street West, 56 Stevenson Road North and 57 Elizabeth Street, Hillsport Developments Inc.’, expressing concern over how the meeting was noticed, increased traffic, decreased property value and the location of the proposed walkway. The delegate stated that in her opinion, the City has no regard for the residents, and that the community will be destroyed should the proposal go forward.

Morris Paplyk was not in attendance to address the Development Services Committee.

Delegation Requests (requires 2/3 vote)

None.

Correspondence Requests

None.

Referrals from City Council

None.

Advisory Committee Reports

Report of Oshawa Environmental Advisory Committee (DS-15-106)

Oshawa Environmental Advisory Committee respectfully reports and recommends to the Development Services Committee its Third Report.

1. Review of Thornton Road Environmental Assessment (OEAC-15-39)

Recommendation

That Report OEAC-15-39 ‘Review of Thornton Road Environmental Assessment’ dated April 9, 2015 be referred to staff for a response within the Environmental Assessment process.

Moved by Councillor Chapman, “That Report DS-15-106, being the Third Report of the Oshawa Environmental Advisory Committee, be referred to staff for a response within the Environmental Assessment process.” Carried

402


Report of Oshawa Accessibility Advisory Committee (DS-15-111)

Oshawa Accessibility Advisory Committee respectfully reports and recommends to the Development Services Committee its First Report.

1. 2013-2017 Accessibility Plan Status Update – April 2015 (OAAC-15-27)

Recommendation

1. That the 2013-2017 Accessibility Plan – April 2015 Status Update set out in Attachment 1 to Report OAAC-15-27 dated April 15, 2015, be received for information; and,

2. That a copy of this report be forwarded to City Council.

The Committee questioned the Commissioner, Development Services concerning the timing of several intersection lights throughout the City.

Moved by Councillor Sanders, “That Report DS-15-111, being the First Report of the Oshawa Accessibility Advisory Committee, be endorsed.” Carried

Council Neal entered the meeting.

Councillor Neal made a declaration of pecuniary interest concerning Correspondence DS-15-112, ‘Request from the Oshawa Public Utilities Corporation for City Support of the Solar Energy Management system Pilot Project’ and DS-15-100, ‘100 Simcoe Street South – Lease Agreement Between Oshawa P.U.C. Networks Inc. (O.P.U.C.N.) and the Corporation of the City of Oshawa’ as his wife is employed at the Oshawa P.U.C. Networks Inc. and he did not take part in the discussion on the matter.

Additional Agenda-Related Items (requires 2/3 vote to add)

None.

Public Consent Agenda Moved by Councillor Chapman, “That all items listed under the heading of Public Consent Agenda for the May 4, 2015 Development Services Committee meeting be adopted as recommended except Reports DS-15-104 and DS-15-113.” Carried

403


Correspondence

DS-15-112 Request from the Oshawa Public Utilities Corporation for City Support of the Solar Energy Management System Pilot Project

Recommendation (Carried – See Page 4)

That the Development Services Committee recommend to City Council:

Whereas the Oshawa Public Utilities Corporation (O.P.U.C.) is working with the New Energy and Industrial Technology Development Organization of Japan (N.E.D.O.) and Tabuchi to develop a new technology pilot to evaluate the effectiveness of solar photovoltaics and electricity storage (batteries) in 30 homes in Oshawa; and,

Whereas N.E.D.O. can only fund this pilot project if there is support from another government organization such as the City of Oshawa; and,

Whereas by letter dated April 24, 2015 the O.P.U.C. has requested the City of Oshawa’s support to advance the pilot project by entering into a Memorandum of Understanding with N.E.D.O and the O.P.U.C.; and,

Whereas the O.P.U.C. Board is supportive of this initiative; and,

Whereas the City’s only responsibility is to provide information to the public, as appropriate, on the project (e.g. on City website) upon successful completion of the project; and,

Whereas it is appropriate to support the O.P.U.C. on this initiative;

Therefore be it resolved that the Mayor and Clerk be authorized to enter into a Memorandum of Understanding with the O.P.U.C. and the N.E.D.O. related to the Solar Energy Management System Pilot Project in a form acceptable to the City Solicitor and the Commissioner of Development Services.

Reports

Administration and Accessibility Services

None.

404


Building Permit and Inspection Services

DS-15-109 Scheduling of a Public Meeting Regarding Proposed Changes to Building Permit Fees Under By-law 33-2009



Whereas the Building Services Branch has undertaken a review of building permit fees in Building By-law 33-2009; and,

Whereas it is appropriate to consider potential changes to primarily update non-residential building permit fees under By-law 33-2009; and,

Whereas staff has consulted with the City’s Building Industry Liaison Team; and,

Whereas the Building Code Act requires that if the municipality proposes to change any fee imposed under the Act, for applications for a permit or for the issuance of a permit, proper notice must be provided and Council in Committee of the Whole shall hold a public meeting concerning the proposed changes; and,

Whereas it is appropriate for Council to delegate to the Development Services Committee the responsibility to hold the public meeting and to make recommendations to City Council on the proposed changes;

Therefore be it resolved that the Development Services Department be authorized to initiate the public meeting process for Council to consider proposed changes to primarily the non-residential building permit fees, and that Council delegate to the Development Services Committee the responsibility to hold the public meeting under the Building Code Act and to make recommendations to Council on the proposed changes.

Economic Development Services

None.

405


Engineering Services

DS-15-101 Drainage Issues, East Leg of Trowbridge Drive - Implementation Report



1. That pursuant to Report DS-15-101 dated April 29, 2015, the process for administering, organizing and successfully completing and paying for the required drainage works within the homes at 1434, 1438, 1442, 1452, 1456 and 1464 Trowbridge Drive as set out in Section 5.2 of said Report be approved; and,

2. That the Mayor and Clerk be authorized to execute the requisite agreements between the City and the affected property owners in a form acceptable to the Commissioner of Development Services and the City Solicitor.

Planning Services

DS-15-102 City Comments on the Discussion Document for the 2015 Coordinated Review of the Growth Plan for the Greater Golden Horseshoe, the Greenbelt Plan, the Oak Ridges Moraine Conservation Plan and the Niagara Escarpment Plan



1. That Report DS-15-102 dated April 29, 2015, be endorsed as the City’s comments on the discussion document for the 2015 coordinated review of the Growth Plan for the Greater Golden Horseshoe, the Greenbelt Plan, the Oak Ridges Moraine Conservation Plan and the Niagara Escarpment Plan; and,

2. That a copy of Report DS-15-102 dated April 29, 2015, and the related Council resolution be sent to the Ministry of Municipal Affairs and Housing, the Ministry of Natural Resources and Forestry, the Association of Municipalities of Ontario, the Region of Durham, Durham area municipalities, the Central Lake Ontario Conservation Authority and the City’s Building Industry Liaison Team.

406


DS-15-104 Revised Application to Amend Zoning By-law 60-94 for 550 Bond Street West, 56 Stevenson Road North and 57 Elizabeth Street, Hillsport Developments Inc.



1. That pursuant to Report DS-15-104 dated April 29, 2015, the revised application submitted by Hillsport Developments to amend Zoning By-law 60-94 (File Z-2014-08) to rezone the subject site at 550 Bond Street West, 56 Stevenson Road North and 57 Elizabeth Street from R1-C (Residential) to R6-C (Residential) subject to an appropriate special condition to permit only a retirement home and a medical clinic with an ancillary pharmacy be approved in accordance with the comments contained in the above noted Report and the necessary by-law be passed; and,

2. That in accordance with Section 34(17) of the Planning Act and notwithstanding that the rezoning proposed in the public meeting report and the public meeting differs to some degree from that approved by City Council, such differences are not substantial enough to require further notice and another public meeting.

DS-15-105 Requested Amendment to Zoning By-law 60-94 to Permit the Parking of Camper Trailers in Residential Driveways by Tim Masterson



That Report DS-15-105 dated April 29, 2015 concerning a request from Tim Masterson that the City amend Zoning By-law 60-94 to permit parking of camper trailers in residential driveways, be received for information.

DS-15-107 Bill 73 - Smart Growth for Our Communities Act, 2015, Proposed Amendments to the Planning Act



1. That Report DS-15-107, dated April 29, 2015, be endorsed as the City’s comments on the proposed Planning Act amendments in Bill 73, Smart Growth for Our Communities Act, 2015; and,

2. That a copy of Report DS-15-107, dated April 29, 2015, and the related Council resolution be sent to the Ministry of the Municipal Affairs and Housing, the Association of Municipalities of Ontario, the Region of Durham, Durham area municipalities and the City’s Building Industry Liaison Team.

407


DS-15-108 Declaration of Certain City-Owned Lands as Potentially Surplus: (1) Unopened Portion of Oxford Street Road Allowance Between 178 Valencia Road and 777 Oxford Street; and (2) Vacant Lot Between 397 Wilson Road South and the Canadian Pacific (CP) Mainline



1. That pursuant to Report DS-15-108 dated April 29, 2015, the City-owned unopened portion of the Oxford Street road allowance between 178 Valencia Road and 777 Oxford Street, as identified in Attachment 1 to Report DS-15-108, be declared as potentially surplus to municipal requirements and that given the localized nature of the matter, the newspaper advertising requirements of By-law 97-2000 be waived and the notice inviting public comment on the declaration be mailed only to the abutting property owners including Canadian National Railway and the Region of Durham; and,

2. That pursuant to Report DS-15-108 dated April 29, 2015, the City-owned lands between 397 Wilson Road South and the Canadian Pacific Railway mainline as identified in Attachment 4 to Report DS-15-108, be declared as potentially surplus to municipal requirements and that given the localized nature of the matter, the newspaper advertising requirements of By-law 97-2000 be waived and the notice inviting public comment on the declaration be mailed only to the abutting property owners including Canadian Pacific Railway and the Region of Durham.

DS-15-113 Request to Allow City Financial Incentives for Hotel Development to be Transferable to Lender, 67 Simcoe Street North (File: B-1200-0032)


Whereas Mr. Abdul Rehman purchased 67 Simcoe Street North (the lands) from the City to develop a hotel and conference centre (hotel development); and,

Whereas in 2013 Council approved three requested financial incentives (Building Permit Fee Grant, Façade Improvement Forgivable Loan and Increased Assessment Grant) for Mr. Rehman in relation to the hotel development on the lands pursuant to the Central Business District Renaissance Community Improvement Plan (C.B.D. C.I.P.); and,

Whereas the Council-approved financial incentives are provided only to Mr. Rehman’s company, ‘Chayell Hotels’ or Mr. Rehman’s approved successor or assign once the hotel development is completed within certain timelines as set out in an agreement with the City; and,

408


Whereas the Business Development Bank of Canada (B.D.C.) is providing the first mortgage funding to Chayell Hotels for the construction of the hotel development; and,

Whereas the loan agreement between the B.D.C. and Chayell Hotels requires Chayell Hotels to obtain a separate agreement or acknowledgment from the City that permits the transfer of the financial incentives approved by the City to a third party in the event Chayell Hotels defaults on the loan and the B.D.C. enforces its rights under the loan agreement; and,

Whereas the agreement between the City and Mr. Rehman does not contain language that would allow the financial incentives to transfer to such a third party; and,

Whereas it is reasonable due diligence and financial practice for lenders to confirm that financial incentives applicable to the debtor also apply to the lender’s third party purchaser in the event of default on a loan; and,

Whereas by letter dated April 27, 2015 Mr. Ian Brady, solicitor for Chayell Hotels, has requested that the City sign an acknowledgement that would provide for the transfer of the financial incentives as set out above;

Therefore be it resolved that based on Report DS-15-113, the Mayor and Clerk be authorized to execute an appropriate agreement or acknowledgement to permit the City-approved financial incentives and corresponding obligations for the hotel development at 67 Simcoe Street North pursuant to the C.B.D. C.I.P. to transfer to any third party purchaser from the B.D.C. in the event Chayell Hotels defaults under the loan agreement in a form acceptable to the City Solicitor and Commissioner of Development Services.

Discussion Agenda

Matters Excluded From Consent Agenda

The Committee questioned the Commissioner, Development Services concerning various aspects of Report DS-15-104.

Moved Councillor Chapman, “That the Development Services Committee adopt the recommendations contained in Report DS-15-104, ‘Revised Application to Amend Zoning By-law 60-94 for 550 Bond Street West, 56 Stevenson Road North and 57 Elizabeth Street, Hillsport Developments Inc.’.” Carried

Moved by Councillor Chapman, “That the Development Services Committee adopt the recommendation contained in Report DS-15-113, ‘Request to Allow City Financial Incentives for Hotel Development to be Transferable to Lender, 67 Simcoe Street North (File: B-1200-0032).” Carried

409


Items to Be Introduced By Councillors

DS-15-114 Use of Former Knob Hill Farms Property (500 Howard Street) for Surface Parking for the Oshawa Go Station

Moved by Mayor Henry, “That the Development Services Committee recommend to City Council:

That staff be directed to approach Metrolinx to develop the Knob Hill Farms Property, 500 Howard Street, into additional surface parking for Oshawa’s Go Station and that a bus loop be incorporated from that location until rail permanently locates in downtown Oshawa.” Carried

Closed Portion of The Meeting

Moved by Councillor Chapman, “That all items listed under the heading of Closed Consent Agenda for the May 4, 2015 meeting of the Development Services Committee be adopted as recommended.” Carried

DS-15-110 100 Simcoe Street South - Lease Agreement between Oshawa P.U.C. Networks Inc. (O.P.U.C.N) and the Corporation of the City of Oshawa

Recommendation (Carried – See )


That pursuant to Report DS-15-110 dated April 29, 2015, staff be authorized to undertake the actions described in Section 5.4 of said Report related to the lease between the City and Oshawa P.U.C Networks Inc. for the City-owned property at 100 Simcoe Street South.

Recess

Moved by Councillor Carter, “That the meeting recess.” Carried

The meeting recessed at 2:31 p.m. and reconvened in the Council Chamber at 6:45 p.m. for the purpose of holding a public meeting pursuant to the City’s Telecommunication Policy with the following in attendance: Councillors Aker, Carter, Chapman, Sanders and Mayor Henry. Also in attendance were Councillors Kerr and Neal; the Commissioner, Development Services; the Manager, Development and Urban Design; R. Bedic, Planner ‘B’ and the Committee Coordinator.

The Chair outlined the purpose and format of the public meeting.

410


Presentation

Sean Galbraith, S.J.S.B. Network Consulting Group Inc. on behalf of Bell Mobility provided an overview of the request for a new telecommunication tower and related equipment at 2375 Ritson Road North.

Delegations

The Chair asked if any members of the public wanted to address the Development Services Committee concerning the application.

Tom Jakabfy addressed the Development Services Committee, questioning where the construction access would be and commenting that the longitude and latitude coordinates that were given place the telecommunication tower in the middle of Lake Ontario.

At the request of the Chair, Sean Galbraith answered Mr. Jakabfy’s questions.

No further public comments were received.

Correspondence

None.

Reports

DS-15-103 Proposed New Telecommunication Tower and Related Equipment, 2375 Ritson Road North, Bell Mobility Inc.

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

That pursuant to Report DS-15-103 dated April 29, 2015 Development Services staff be authorized to advise Industry Canada that the City has no objection to the proposal by Bell Mobility Inc. to install a telecommunication tower and related equipment at 2375 Ritson Road North, subject to Bell Mobility Inc. addressing such matters as siting and tower design to the satisfaction to the Commissioner of Development Services (File: SPA-2015-08).” Carried

Adjournment

Moved by Councillor Sanders, “That the meeting adjourn.” Carried

The meeting adjourned at 6:56 p.m.

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dsc minutes may 4, 2015 - oshawaapp.oshawa.ca › ... › 2015 › 05-04 ›...

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