2008-11-10 minutes dsc 22 - oshawaapp.oshawa.ca/.../2008/11-10/2008-11-10_minutes_dsc_22.pdf · - 2...

DEVELOPMENT SERVICES COMMITTEE MEETING November 10, 2008 Minutes of the TWENTY-SECOND meeting of the Development Services Committee of 2008 being a meeting held in the Committee Meeting Room, Second Floor, Rundle Tower, Oshawa Civic Administration Complex at 1:04 p.m. and minutes of a Planning Act Public Meeting held at the McLaughlin Library, 65 Bagot Street, at 5:44 p.m. and minutes of a Public Meeting held at the McLaughlin Library on Monday, November 10, 2008 at 7:12 p.m. Present: Councillor Parkes, Chair Councillor Henry, Vice-Chair (entered at 1:30 p.m.) Councillor Lutczyk, Member Councillor Nicholson, Member (entered at 1:10 p.m.) Councillor Pidwerbecki, Member Mayor Gray, Ex-Officio (entered at 2:06 p.m.) Staff Present: Councillor Neal (entered at 1:07 p.m.) T. Hodgins, Commissioner, Development Services L. Knox, Senior Solicitor P. Ralph, Director, Planning Services P. Runcini, Director, Facility and Project Management G. Carroll, Director, Engineering Services M. Leonard, Director, Building Permit and Inspection Services C. Kelly, Director, Transportation and Parking Services S. Sinnott, Manager, Financial Services R. Schatz, Real Estate Manager D. Tuley, Downtown Development Officer W. Munro, Community Improvement and Housing Co-ordinator M. Pringle, Committee Co-ordinator Absent: None. Councillor Lutczyk made a declaration of pecuniary interest regarding Correspondence DS-08-477 and DS-08-482, from Heritage Oshawa as he owns property listed in the ‘2008 Inventory of Cultural Heritage Properties’ and did not take part in the discussion or voting. Councillor Neal entered the meeting. Councillor Nicholson entered the meeting. DS-08-467 Metrolinx – Release of Draft Regional Transportation Plan and

Draft Investment Strategy (All Wards) The Committee reviewed Correspondence DS-08-467 dated

October 6, 2008 from W. Michael Fenn, Chief Executive Officer, announcing that the Draft Regional Transportation Plan and Draft Investment Strategy has been released and is available for viewing at www.metrolinx.com; comments are requested by November 14, 2008.

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DEVELOPMENT SERVICES COMMITTEE MEETING – November 10, 2008

Moved by Councillor Lutczyk, “That Correspondence DS-08-467 dated October 6, 2008 from

W. Michael Fenn, Chief Executive Office announcing the release of the Draft Regional Transportation Plan and Draft Investment Strategy be referred to Report DS-08-472.” CARRIED

DS-08-474 Pat Madill, Regional Clerk – Highway 407 East Completion Environmental

Assessment, Status on Update and Regional Comments on Preliminary Design (All Wards)

The Committee reviewed Correspondence DS-08-474 dated

October 23, 2008 from Pat Madill, Regional Clerk, providing Regional Comments on the preliminary design for the Highway 407 east completion environmental assessment.

Moved by Councillor Lutczyk, “That the Development Services Committee recommend to City Council: That Correspondence DS-08-474 dated October 23, 2008 from Pat Madill,

Regional Clerk, providing Regional comments on the preliminary design for the Highway 407 east completion environmental assessment be received for information.” CARRIED

DS-08-477 Heritage Oshawa – 2008 Inventory of Cultural Heritage Properties (All Wards) The Committee reviewed Correspondence DS-08-477 dated

October 27, 2008 from Heritage Oshawa, forwarding a copy of the ‘2008 Inventory of Cultural Heritage Properties’ that have been identified as being important to the community.

Moved by Councillor Pidwerbecki, “That Correspondence DS-08-477 dated October 27, 2008 from Heritage

Oshawa, forwarding a copy of the ‘2008 Inventory of Cultural Heritage Properties’ be referred to staff as a resource document.” CARRIED

DS-08-482 Heritage Oshawa – City of Oshawa Register of Properties of Cultural

Heritage Value (All Wards) The Committee reviewed Correspondence DS-08-482 dated

October 28, 2008 from Heritage Oshawa, recommending that the City of Oshawa adopt a register of properties of cultural heritage value and that Lakeview Park and Second Marsh be added to that register.

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Moved by Councillor Pidwerbecki, “That Correspondence DS-08-482 dated October 28, 2008 from Heritage

Oshawa regarding a register of properties of cultural heritage value and further recommending that Lakeview Park and Second Marsh be added to that register be referred to staff.” CARRIED

DS-08-478 Frances Scanga – Announcing Intentions to Table Project re: Senior’s

Residence for Oshawa (All Wards) This matter was previously discussed at the October 20, 2008

Development Services Committee when a verbal update was received by Frances Scanga regarding her intentions for this project and staff were directed to work with the Oshawa Bocce Club to develop a plan to move forward.

The Committee now reviewed Correspondence DS-08-478 dated

October 27, 2008 from Frances Scanga stating that she is no longer pursuing the proposed project to construct a senior’s residence in Oshawa.

Moved by Councillor Lutczyk, “That the Development Services Committee recommend to City Council: That Correspondence DS-08-478 dated October 27, 2008 from

Frances Scanga stating that she is no longer pursuing the proposed project to construct a senior’s residence in Oshawa be received for information.” CARRIED

DS-08-483 Anthony Biglieri – Growing Durham: Draft Recommended Growth Scenario

and Policy Directions, 1345 Winchester Road East, Oshawa (Ward 7) The Committee reviewed Correspondence DS-08-483 dated

October 24, 2008 from Anthony Biglieri, Principal – The Biglieri Group, disagreeing with the proposed designation for 1345 Winchester Road East in the draft ‘Growing Durham’ report and requesting the northern portion of the subject site be redesignated as ‘New Employment Lands Required to 2031’ and the southern portion of the subject site be redesignated as ‘New Living Area Required to 2031’.

Moved by Councillor Lutczyk, “That the Development Services Committee recommend to City Council: That Correspondence DS-08-483 dated October 24, 2008 from

Anthony Biglieri, The Biglieri Group, regarding the designation of 1345 Winchester Road East in the ‘Growing Durham: Draft Recommended Growth Scenario and Policy Directions’ report be received for information.” CARRIED

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DS-08-486 Patti Barrie, Municipality of Clarington – Protection of Agricultural Land Within the White Belt (All Wards)


October 28, 2008 from Patti Barrie, Municipality of Clarington, forwarding a resolution passed by the Agricultural Advisory Committee of Clarington requesting local municipalities to call on Regional Council to support the protection of agricultural lands within the white belt. Moved by Councillor Lutczyk,

“That the Development Services Committee recommend to City Council: That Correspondence DS-08-486 dated October 28, 2008 from Patti Barrie,

Municipality of Clarington, forwarding a resolution passed by the Agricultural Advisory Committee of Clarington regarding the protection of agricultural land within the white belt be received for information.” CARRIED

DS-08-494 Pat Madill, Region of Durham – Regional Cycling Plan (All Wards) The Committee reviewed Correspondence DS-08-494 dated

October 31, 2008 from Pat Madill, Regional Clerk, forwarding a copy of Report 2008-J-35 outlining the Regional Cycling Plan.

Moved by Councillor Lutczyk, “That Correspondence DS-08-494 dated October 31, 2008 from Pat Madill,

Regional Clerk, forwarding a copy of Report 2008-J-35 outlining the Regional Cycling Plan be referred to staff.” CARRIED

DS-08-496 Joe Muraca, Dillon Consulting Limited – Oshawa Cogen Project (All Wards) The Committee reviewed Correspondence DS-08-496 dated

November 5, 2008 from Joe Muraca, EA Project Manager, announcing that Dillon Consulting Limited has been retained by Northland Power Inc., to conduct an environmental assessment of the Oshawa Cogen Project. The Oshawa Cogen Project is a proposed 110 megawatt gas-fired cogeneration facility adjacent to the existing General Motors of Canada Limited autoplex and Dillon Consulting Limited is requesting that any information related to the natural and human environments of the area adjacent to the project be provided.

Moved by Councillor Lutczyk, “That Correspondence DS-08-496 dated November 5, 2008 from

Joe Muraca, Dillon Consulting Limited, regarding the environmental assessment of the Oshawa Cogen Project be referred to staff.” CARRIED

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DS-08-475 Pat Madill, Regional Clerk – Regional Comments Regarding Metrolinx Draft Regional Transportation Plan and Investment Strategy for the Greater Toronto and Hamilton Area (All Wards)


October 31, 2008 from Pat Madill, Regional Clerk, forwarding Regional comments on the Metrolinx Draft Regional Transportation Plan and Investment Strategy for the Greater Toronto and Hamilton Area. Moved by Councillor Lutczyk,

“That the Development Services Committee recommend to City Council: That Correspondence DS-08-475 dated October 31, 2008 from Pat Madill,

Regional Clerk, forwarding Regional comments regarding the Metrolinx Draft Regional Transportation Plan and Investment Strategy for the Greater Toronto and Hamilton Area be received for information.” CARRIED

DS-08-490 Frank Lowe, Durham Outlook for the Needy – Proposed City-Initiated

Amendments to Zoning By-law 60-94 (All Wards) The Committee reviewed Correspondence DS-08-490 dated

October 21, 2008 from Frank Lowe, President, Durham Outlook for the Needy, announcing that the Board of Directors supports the recommendations contained in Report DS-08-405 – Proposed City-Initiated Amendments to Zoning By-law 60-94.

Moved by Councillor Lutczyk, “That Correspondence DS-08-490 dated October 21, 2008 from

Frank Lowe, Durham Outlook for the Needy, regarding the Proposed City-Initiated amendments to Zoning By-law 60-94 be referred to Report DS-08-405.” CARRIED

DS-08-405 Proposed City-Initiated Amendments to Zoning By-law 60-94 (All Wards) This matter was previously discussed (DS-08-301) at a public meeting on

September 8, 2008 when it was referred back to staff for further review and the preparation of a subsequent report and recommendation.

The Committee now reviewed Report DS-08-405 dated November 5, 2008

from the Commissioner, Development Services providing a recommendation on the proposed City-initiated amendments to Zoning By-law 60-94.

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

1. That the proposed City-initiated amendments to Zoning By-law 60-94 be approved in general accordance with Attachment 1 to Report DS-08-405 dated November 5, 2008 and the necessary by-law be passed in a form acceptable to the City Solicitor.

2. That in accordance with Section 34(17) of the Planning Act and

notwithstanding that the rezoning by-law proposed in the public meeting report and at the public meeting may differ to some degree from that finally approved by City Council, such differences are not substantial enough to require further notice and another public meeting.

3. Durham Outlook for the Needy (the “charitable corporation”) advises

that it is a corporation without share capital, incorporated on July 13, 1990, to relieve poverty by offering programs such as soup kitchens, meals on wheels and food banks and owns the premises at 51-55 King Street East. From the said premises it currently operates a kitchen named after St. Vincent Pallotti and known in the community as “St. Vincents” which provides hot meals at very low cost, a thrift store, a food pickup and distribution centre, and ancillary storage and office purposes. The Commissioner of Development Services is directed to write to the said charitable corporation that in the event the above uses become non-conforming uses with the passage of the by-law the said uses may continue as legal non-conforming uses in accordance with Section 34(9) of the Planning Act.

4. That the Development Services Department be requested to work

with Durham Outlook for the Needy to:

(a) Investigate opportunities to reduce or eliminate lineups on the sidewalks for the St. Vincent’s Kitchen service at 51-55 King Street East; and

(b) Whenever requested by Durham Outlook for the Needy to identify other appropriate sites as requested.

5. That the Durham Outlook for the Needy be advised in writing by the

Commissioner of Development Services that the proposed rezoning will not interfere with the processing of its Façade Improvement Loan application, that the loan is being processed as a priority and can be approved once the criteria set out in the program are satisfied.” CARRIED

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DS-08-472 Metrolinx – Draft Regional Transportation Plan and Draft Investment Strategy for the Greater Toronto and Hamilton Area (All Wards)

The Committee reviewed Report DS-08-472 dated November 5, 2008 from

the Commissioner, Development Services establishing the City’s comments on the Draft Regional Transportation Plan and Draft Investment Strategy released by Metrolinx in September 2008 for stakeholder review.


1. That Report DS-08-472 dated November 5, 2008 be endorsed as the City’s comments on Metrolinx Draft Regional Transportation Plan (September 2008) and Draft Investment Strategy (September 2008).

2. That staff be authorized to provide the comments of the

Development Services Committee to Metrolinx in order to comply with Metrolinx November 14, 2008 deadline and a subsequent follow-up once Council has considered this matter.

3. That a copy of Report DS-08-472 dated November 5, 2008, and the

related Council resolution be sent to Metrolinx, Region of Durham and Durham area municipalities.” CARRIED

DS-08-476 Proposed Extension of Interim Control By-law 58-2007 –

North Oshawa Residential Land Use Study (Ward 7) Moved by Councillor Lutczyk, “That the Development Services Committee recommend to City Council:

Whereas on May 22, 2007 City Council directed that the North Oshawa Residential Land Use Study (“Study”) be undertaken; and, Whereas on May 22, 2007 City Council also passed Interim Control By-law 58-2007 which applied to the study area and which originally was to expire on May 21, 2008; and, Whereas on May 12, 2008 City Council extended the application of the Interim Control By-law to December 31, 2008 in order to allow the Study to be completed; and, Whereas on October 15, 2008 Report Item DS-08-210, dated August 15, 2008 containing staff recommendations associated with the Study was referred to the Student Housing Task Force for review; and, Whereas it is anticipated that the Student Housing Task Force will make its recommendations to City Council on the North Oshawa Residential Land Use Study in the first quarter 2009; and,

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Whereas under the Planning Act, Council can extend the period in which an interim control by-law is in effect for a maximum duration of two years which in this case is until May 21, 2009; and, Whereas the Student Housing Task Force, at its inaugural meeting on October 30, 2008, agreed that Interim Control By-law 58-2007 should be extended to May 21, 2009; Therefore Interim Control By-law 58-2007, as amended, be extended to May 21, 2009 to permit the completion of the land use study including a review of the study recommendations by the Student Housing Task Force.” CARRIED

DS-08-485 Oshawa Waterfront Master Plan (Ward 1) Moved by Councillor Lutczyk, “That the Development Services Committee recommend to City Council:

Whereas on October 2, 2006 Council authorized staff to engage consultants to undertake the Waterfront Master Plan; and, Whereas the City retained a consulting team lead by Macaulay Shiomi Howson; and, Whereas the Minister of Transport, Infrastructure and Communities subsequently appointed the Hon. David Crombie as the federal representative and facilitator of discussions concerning the governance and divestiture of the lands in and around the Oshawa Harbour; and, Whereas the Waterfront Master Plan was put on hold pending the completion of Mr. Crombie’s work and decisions by the Federal Government on governance and land divestiture; and, Whereas Mr. Crombie’s report was submitted to the Federal Government in February 2008 and released to the City and public in September 2008 but there is no timeline for the Federal Government to make decisions on governance and land divestiture; and, Whereas Mr. Crombie’s recommendations represent good and solid input to the Waterfront Master Plan; and, Whereas the City needs to get on with completing its Waterfront Master Plan; Therefore the Development Services Department be directed to immediately resume the Waterfront Master Plan Study based on the previously approved Terms of Reference and consultant proposal and that Council be provided an updated schedule for its information.” CARRIED

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DS-08-480 Request for Easement – Parts 3 and 6, Plan 40R-2637 – Region of Durham (Ward 4) Moved by Councillor Lutczyk, “That the Development Services Committee recommend to City Council:

Whereas on March 4, 1976 an easement was registered as Instrument No. LTD16437 in favour of the Region of Durham over a portion of lands described as Parts 1, 2, 3, 4, 5, 6, 7 & 8 on Plan 40R-2637, owned by Braemor Gardens Limited in the vicinity of Nairn Court, for the purpose of the construction and maintenance of a sanitary sewer; and, Whereas Breamore Gardens Limited was not the owner of Parts 3 & 6 on Plan 40R-2637 as it had already transferred these lands to the City on October 31, 1975; and, Whereas the Region of Durham has confirmed that it requires an easement on these lands for its existing sanitary sewer pipe; Therefore be it resolved that the City grant the Region of Durham an easement for a sanitary sewer over Parts 3 and 6 on Plan 40R-2637, in a form satisfactory to the City Solicitor; and that the Mayor and Clerk be authorized to sign any documents necessary in the opinion of the City Solicitor to give effect to the foregoing.” CARRIED

DS-08-473 Development Services Committee’s Outstanding Items Status Report (All Wards) The Committee reviewed DS-08-473, the Development Services

Committee’s Outstanding Items Status Report as of November 5, 2008. Moved by Councillor Lutczyk, “That the Development Services Committee recommend to City Council:

1. Item 1: Darryl Sherman, Downtown Oshawa Board of Management, supporting the continued phasing of downtown Oshawa back to two-way streets, and proposing Simcoe Street be converted to two-way travel

Whereas on Jan. 23, 2001 City Council referred the following motion to staff:

“1. That Report DS-01-25 and the consultant’s report regarding

Phase I of the One-Way Conversion Study be referred to staff for consultation with the public and other stakeholders, and that $2,500 be provided for this purpose from the Corporate Reserve for Contingency.

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2. That staff report back to the Development Services Committee on a recommended course of action following public consultation.”

Whereas a public consultation meeting was held regarding Phase I of the One-Way Conversion Study and direction was required on funding for the next phase; and,

Whereas funding for Phase II of the One-Way Conversion Study has not been approved by Council to date; and,

Whereas the conversion of Simcoe/Centre Street pair is being tracked as part of the Downtown Action Plan;

Therefore be it resolved that this matter be removed from the Development Services Committee Outstanding Items List.

2. Item 29: Conversion of Quebec Street between Simcoe Street and

Centre Street to a two-way street

Whereas on February 4, 2008 the Development Services Committee referred the following motion to staff:

“That staff be directed to review converting Quebec Street between Simcoe Street and Centre Street into a two-way street.”

Whereas it is more appropriate for this item to be reviewed from an operational perspective by transportation staff in the Community Services Department;

Therefore be it resolved that this matter be referred to the Community Services Committee and be removed from the Development Services Committee Outstanding Items List.

3. Item 44: Green Mesh Fencing Abutting Roads

Whereas on October 20, 2008 the Development Services Committee referred the following motion to staff:

“That staff investigate the use of green mesh fencing rather than wood fencing between residential lots and abutting roads, and this motion be referred to the Development Services Committee.”

Whereas wood fences are the City standard along arterial roads and are required to attenuate road noise on residential lots as required by the Ministry of the Environment guidelines; and,

Whereas green mesh fencing does not meet the Ministry of the Environment’s criteria for noise attenuation; and,

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Therefore be it resolved this matter be received for information and be removed from the Development Services Committee Outstanding Items List.

4. Items 56, 57 and 58: Frances Scanga – Senior’s Residence

requests

Whereas Frances Scanga has indicated to staff via email that she does not wish to pursue the Seniors facility project and has asked that her request for land be tabled;

Therefore be it resolved that these matters be removed from the Development Services Committee Outstanding Items List.

5. Item 63: Canadian Flight Academy – request to amend lease of Airport Lands

Whereas Council on June 23, 2008 approved the sale of airport lands to Canadian Flight Academy; and

Whereas Canadian Flight Academy will no longer have a requirement to lease lands;

Therefore be it resolved that this matter be removed from the Development Services Committee Outstanding Items List.

6. Item 64: Tony Power, The Running Ape, proposed indoor cycling

track on lands at the Oshawa Municipal Airport

Whereas in 2005 Tony Power submitted a proposal to build an indoor cycling track at the Oshawa Municipal Airport and this matter was referred to staff for a report; and,

Whereas there has been no further interest shown by Tony Power in the airport lands since 2005;

Therefore be it resolved this matter be removed from the Development Services Committee Outstanding Items List; and, That the remainder of the Development Services Committee’s Outstanding Items Status Report be received for information.” CARRIED

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DS-08-466 Susan Self, Chair, CTC Source Protection Committee – Proposed Terms of Reference (All Wards)

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

Whereas, on September 22, 2008, City Council passed a resolution forwarding Report DS-08-326 dated September 3, 2008 to the CTC Source Protection Committee as the City of Oshawa’s comments on the draft proposed Terms of Reference for an Assessment Report and Source Water Protection Plan for the Central Lake Ontario Source Protection Area; and, Whereas correspondence dated October 20, 2008 has been received from Susan Self, Chair, CTC Source Protection Committee providing a revision to the Proposed Terms of Reference for the Central Lake Ontario Source Protection Area for further comment until November 19, 2008; and,

Whereas the City of Oshawa’s comments as contained in Report DS-08-326 dated September 3, 2008 have not been addressed in the Proposed Terms of Reference since the City’s comments were received after an initial deadline of September 21, 2008; Therefore that a copy of Report DS-08-326 dated September 3, 2008 and Council’s September 22, 2008 resolution be forwarded to the CTC Source Protection Committee and the Central Lake Ontario Conservation Authority with a request that the comments contained therein be addressed in the finalization of the Terms of Reference for an Assessment Report and Source Water Protection Plan for the Central Lake Ontario Source Protection Area.” CARRIED

DS-08-468 Rick Maeder, Durham Auto Group – Site Plan Approval,

548 Simcoe Street South (Ward 2) Rick Maeder, Durham Auto Group, addressed the Committee regarding his

business at 548 Simcoe Street South; he is currently unable to obtain a license because he is unable to meet condition m) for site plan approval passed by City Council on June 12, 2006; his landlord (The Ministry of Transportation) will not approve the required landscaping on the subject property.

The Committee questioned Rick Maeder. The Committee questioned the Director, Planning Services. The Committee reviewed Correspondence DS-08-468 dated

October 22, 2008 from Rick Maeder, Durham Auto Group, requesting that Council grant site plan approval for the site located at 548 Simcoe Street South noting that he’s made several attempts to implement the landscaping requirements but has been unsuccessful because he does not own the property and his landlord will not approve the plans.

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1. That condition 2m) be waived for site plan approval on the application submitted by 2056489 Ontario Inc. to amend Zoning By-law 60-94 to permit an automobile sales and service establishment for used vehicles as an additional permitted use at 548 Simcoe Street South; and

2. That staff of the Development Services Department liaise directly

with the Ministry of Transportation regarding the City’s intentions for landscaping improvements at the subject site. “ CARRIED

DS-08-484 Nestor Chornobay, Region of Durham – Growth Plan Implementation

Study, Phase 5, Draft Recommended Growth Scenario and Policy Direction (All Wards)

The Committee reviewed Correspondence DS-08-484 dated October 27, 2008 from Nestor Chornobay, Director, Strategic Planning Branch for the Region of Durham, forwarding a copy of Report 2008-P-79 that provides an overview of the responses received from the consultation initiated in June on the preferred Growth Scenario, and overview of the consultant’s Draft Recommended Growth Scenario and Policy Directions Report. The Committee questioned the Commissioner, Development Services. Moved by Councillor Nicholson,

“That the Development Services Committee recommend to City Council: That Correspondence DS-08-484 dated October 27, 2008 from

Nestor Chornobay, Region of Durham, forwarding a copy of Report 2008-P-79 that provides an overview of the responses received from the consultation on the preferred Growth Scenario, and overview of the consultant’s Draft Recommended Growth Scenario and Policy Directions Report be received for information.” CARRIED

DS-08-487 Noelle Steenburgh – Request to Change Name of Elgin Street (Ward 5)

The Committee reviewed Correspondence DS-08-487 dated October 29, 2008 from Noelle Steenburgh requesting that Elgin Street be renamed to ‘Ernie Fudge Street’ in honour of the late Ernest Carl Fudge and to eliminate the confusing separation of Elgin Street.

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1. That Correspondence DS-08-487 dated October 29, 2008 from Noelle Steenburgh requesting that Elgin Street be renamed ‘Ernie Fudge Street’ be received for information; and

2. That a letter be sent to Noelle Steenburgh outlining the criteria and

process for naming of streets.” CARRIED Councillor Henry entered the meeting. DS-08-491 Randy Walker – Request to Rename a Street (All Wards)

The Committee reviewed Correspondence DS-08-491 received on November 1, 2008 from Randy Walker requesting that a street be renamed or named ‘Vic Walker’ in honour of his late mother. Moved by Councillor Nicholson, “That the Development Services Committee recommend to City Council: 1. That Correspondence DS-08-491 received November 1, 2008 from

Randy Walker requesting that a street be named or renamed ‘Vic Walker’ be received for information; and

2. That a letter be sent to Randy Walker outlining the criteria and

process for naming of streets.” CARRIED DS-08-489 Phil Dunn, Ministry of Environment – Summary of Former Industrial

Disposal (Oshawa) Landfill (All Wards) The Committee reviewed Correspondence DS-08-489 from Phillip Dunn,

Ministry of Environment, providing a summary of the former Industrial Disposal (Oshawa) Landfill.

The Committee questioned the Commissioner, Development Services. Moved by Councillor Nicholson,

“1. That a letter be sent to Phillip Dunn and Sandra Thomas, Acting District Supervisor, Ministry of Environment, stating that the City of Oshawa finds the summary regarding the former Industrial Disposal (Oshawa) landfill unacceptable and requests that further investigation be conducted and that a more aggressive remedial plan be implemented to prevent further contamination; and

2. That staff of the Development Services Department continue to

monitor the situation and report back when appropriate.” CARRIED

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DS-08-495 Scott Pigden, Oshawa Accessibility Advisory Committee – Criteria for Future Financial Relief Programs (All Wards)


November 3, 2008 from Scott Pigden, Chair, Oshawa Accessibility Advisory Committee, forwarding a motion recommending that the use of the qualification criteria of the R.A.M.P program be applied to future financial relief programs intended to assist the disabled community.

Moved by Councillor Nicholson, “That the Development Services Committee recommend to City Council: That the recommendation outlined in Correspondence DS-08-495 dated

November 3, 2008 from Scott Pigden, Chair, Oshawa Accessibility Advisory Committee, that the use of the qualification criteria of the R.A.M.P program be applied to future financial relief programs intended to assist the disabled community be endorsed.” CARRIED

DS-08-319 Proposed Occupancy Licence Agreement with 1307341 Ontario Inc.

(Rotary) Club, Use of Rotary Hall by the Air Cadets, 254 Centre Street South (Ward 2)

The Committee reviewed Report DS-08-319 dated November 5, 2008 from

the Commissioner, Development Services recommending that the City enter into an Occupancy Licence Agreement with 1307341 Ontario Inc. to allow it to continue to use Rotary Hall at 254 Centre Street South for the Air Cadets.

The Committee questioned the Commissioner, Development Services and

the Director, Facility and Project Management on various aspects of the report.

Councillor Neal temporarily left the meeting. Moved by Councillor Pidwerbecki, “That Report DS-08-319 dated November 5, 2008 from the Commissioner,

Development Services recommending that the City enter into an Occupancy Licence Agreement with 1307341 Ontario Inc. to allow it to continue to use Rotary Hall at 254 Centre Street South for the Air Cadets be referred back to staff to review the City’s policy regarding the responsibility for maintenance and repairs of city-owned facilities.” CARRIED

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DS-08-488 Emergency Roof Replacement (partial), Robert McLaughlin Gallery (Ward 2) The Committee reviewed Report DS-08-488 dated November 5, 2008 from

the Commissioner, Development Services advising Committee and Council of an emergency roof replacement project completed on a section of the roof at the Robert McLaughlin Gallery.

The Committee questioned the Director, Facility and Project Management

on various aspects of the report. Moved by Councillor Lutczyk,

“That the Development Services Committee recommend to City Council: That Report DS-08-488 dated November 5, 2008 from the Commissioner,

Development Services regarding emergency repairs on a portion of the roof at the Robert McLaughlin Gallery be received for information.” CARRIED

Moved by Councillor Nicholson, “Whereas section 239 (2)(f) of the Municipal Act permits a meeting be closed to the public if the subject matter being considered is subject to solicitor-client privilege, including communications necessary for that purpose. Therefore be it resolved, that the meeting be closed to the public to receive legal advice regarding Report DS-08-493, an Application under the Central Business District Renaissance Community Improvement Plan, Summers & Company, 70 King Street East.” CARRIED All members of the public left the meeting. The Development Services Committee went into closed session at 1:51 p.m. Councillors Parkes, Henry, Lutczyk, Pidwerbecki, Nicholson and Neal were in attendance. Also in attendance were the Commissioner, Development Services; the Director, Planning Services; the Manager, Financial Services; the Community Improvement and Housing Co-ordinator; the Downtown Development Office; the Real Estate Manager; the Senior Solicitor and the Committee Co-ordinator. Mayor Gray entered the meeting. Closed meeting discussions took place. The Development Services Committee rose from closed session at 2:15 p.m. and reported as follows: Closed Meeting Summary Report The following is a summary of a closed portion of the meeting:

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The Committee received legal advice from the Senior Solicitor. The Committee questioned the Commissioner, Development Services; the Manager, Financial Services and the Downtown Development Officer on various aspects of the report. Closed meeting discussions were held. Moved by Councillor Henry, “That the Committee rise from the closed meeting.” CARRIED This concludes the closed meeting summary report. DS-08-493 Application under the Central Business District Renaissance Community

Improvement Plan, Summers & Company, 70 King Street East (Ward 5) Richard Senechal and Rick Summers addressed the Committee regarding

their application under the Central Business District Renaissance Community Improvement Plan for potential renovations to the Genosha hotel.

The Committee provided Richard Senechal and Rick Summers with an

overview of a ‘tax deferral’ scenario under consideration; instead of a grant being given to the applicant the property taxes would be deferred for a ten year period and would be repayable to the City, with applicable interest charges, starting in year eleven over ten year period, until all outstanding taxes have been collected.

The Committee questioned Richard Senechal and Rick Summers regarding

the feasibility of the proposed ‘tax deferral’ scenario. Joe Marion, Heritage Oshawa, addressed the Committee regarding the

application under the Central Business District Renaissance Community Improvement Plan for 70 King Street East and noted that Heritage Oshawa had made suggestions for less costly renovations, but the applicants have chosen a more expensive alternative.

Moved by Councillor Nicholson, “That Report DS-08-493 dated November 5, 2008 from the Commissioner,

Development Services regarding an application submitted by Summers & Company under the Central Business District Renaissance Community Plan for 70 King Street East be tabled to allow staff to review and update calculations and to further investigate the proposed ‘tax deferral’ scenario and report back to the Development Services Committee at 5:00 p.m.” CARRIED

This matter was discussed later in the meeting (see Page 20).

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Moved by Councillor Lutczyk, “Whereas section 239 (2) (b) and (c) of the Municipal Act permits a meeting be closed to the public if the subject matter being considered is regarding personal matters about an identifiable individual, including municipal or local board employees or when the matter being considered is regarding a proposed or pending acquisition or disposition of land by the municipality or local board; Therefore be it resolved, that the meeting be closed to the public to review Report DS-08-478, the Development Services Committee’s Confidential Outstanding Items Status Report and Report DS-08-497, Request from George (Ihor) Lysyk to Purchase the Easterly Portion of Chopin Park.” CARRIED All members of the public left the meeting. The Development Services Committee went into closed session at 2:45 p.m. Councillors Parkes, Henry, Lutczyk, Pidwerbecki, Nicholson, Neal and Mayor Gray were in attendance. Also in attendance were the Commissioner, Development Services; the Director, Planning Services; the Real Estate Manager and the Committee Co-ordinator. Closed meeting discussions took place. The Development Services Committee rose from closed session at 3:15 p.m. and reported as follows: Closed Meeting Summary Report The following is a summary of a closed portion of the meeting: Councillor Henry temporarily left the meeting. Closed meeting discussions were held. Moved by Councillor Henry, “That the Committee rise from the closed meeting.” CARRIED This concludes the closed meeting summary report. DS-08-479 Development Services Committee’s Confidential Outstanding Items

Status Report (All Wards) Moved by Councillor Nicholson, “That the Development Services Committee recommend to City Council:

Whereas on June 23, 2008 Council approved a revised lease with the Oshawa Airport Golf Course; and,

Whereas the Golf Course lands are to be retained by the City in accordance with the Airport Business Plan;

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Therefore be it resolved that this matter (Item 3) be removed from the Development Services Committee’s Confidential Outstanding Items Status Report; and

That the remainder of the Development Services Committee’s Confidential Outstanding Items Status Report be received for information.” CARRIED

DS-08-497 Request from George (Ihor) Lysyk to Purchase the Easterly Portion of

Chopin Park (Ward 2) This matter was previously discussed (DS-08-176) at the

June 2, 2008 Development Services Committee meeting when staff were directed to proceed with an agreement of purchase and sale with George Lysyk, subject to terms and conditions, satisfactory to the Commissioner, Development Services.


Whereas on June 2, 2008 Council directed staff to proceed with an Agreement of Purchase and Sale with Mr. Lysyk with terms satisfactory to the Commissioner of Development Services, and without the need for a further report; and,

Whereas Condition 3 (c) of this direction states that “The lands are to be sold for fair market value as determined by a certified appraiser and it shall be assumed that the Lands have been rezoned to an appropriate RC-C (Residential) Zone and are to be used as a lot addition to the abutting apartment site with the existing easements in place”; and,

Whereas Gene Dwelsdorf and Associates provided an appraised value of $35,000 but was not able to substantiate this value with reasonable comparable sales, and further that Mr. Lysyk and his agent did not agree with the appraised value and appraisal methodology; and,

Whereas staff contacted a group of peers at other Municipalities and found that in instances where surplus properties are landlocked and with limited market demand, the market value for that property may be below the value of what would normally be expected for a parcel with full access: and,

Whereas staff is of the opinion that $15,000 for the lands would be a reasonable value;

Therefore be it resolved:

1. Council reconsider subsection 3(c) of its decision in Item

DS-08-176, dated June 2, 2008; and,

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2. That subject to the approval of Part 1, that Council adopt the following in its place:

“The lands are to be sold for $15,000 and it shall be assumed that the Lands have been rezoned to an appropriate RC-C (Residential) Zone and are to be used as a lot addition to the abutting apartment site with the existing easements in place.” CARRIED

DS-08-499 Parcel of Land at Arena Street and Warren Avenue (All Wards) Moved by Councillor Lutczyk, “That staff investigate the feasibility of donating the parcel of land located at

Arena Street and Warren Avenue to Habitat for Humanity for a future project.” CARRIED

Mayor Gray left the meeting at 3:19 p.m. Moved by Councillor Pidwerbecki, “That the meeting recess.” CARRIED The meeting recessed at 3:20 p.m. and reconvened at 5:05 p.m. in the Committee Room with the following in attendance: Councillors Parkes, Henry, Lutczyk, Pidwerbecki, Nicholson, Neal (entered at 5:15 p.m.) and Cullen (entered at 5:25 p.m.). Also in attendance were the Commissioner, Development Services; the Commissioner, Corporate Services; the Director, Planning Services; the Manager, Financial Services; the Downtown Development Officer and the Committee Co-ordinator. DS-08-493 Application under the Central Business District Renaissance Community

Improvement Plan, Summers & Company, 70 King Street East (Ward 5)

This matter was discussed earlier in the meeting (see Page 17).

Moved by Councillor Nicholson, “That Report DS-08-493 be lifted from the table.” CARRIED

The Commissioner, Corporate Services addressed the Committee regarding various financial concerns related to the application under the Central Business District Renaissance Community Improvement Plan for 70 King Street East.

Councillor Neal entered the meeting.

The Committee questioned the Commissioner, Corporate Services and the Commissioner, Development Services on various aspects of the report. The Committee questioned Richard Senechal and Rick Summers.

Councillor Cullen entered the meeting.

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Moved by Councillor Pidwerbecki, “That Report DS-08-493 dated November 5, 2008 from the Commissioner, Development Services regarding an application under the Central Business District Renaissance Community Improvement Plan, Summers & Company, 70 King Street East be referred back to staff to provide a detailed comparison of a TIF (Tax Increment Financing) Program versus the proposed ‘Tax Deferral’ Scenario and to seek appropriate legal advice, reporting back to a special Development Services Committee meeting to be held immediately following the Finance and Administration Committee meeting on Thursday, November 13, 2008.

Moved by Councillor Pidwerbecki, “That the meeting recess.” CARRIED The meeting recessed at 5:30 p.m. and reconvened at 5:44 pm at the McLaughlin Library, 65 Bagot Street, for the purposes of holding a Planning Act Public Meeting with the following in attendance: Councillors Parkes, Henry, Lutczyk, Nicholson, Pidwerbecki, Cullen and Neal. Also in attendance were the Commissioner, Development Services; Director, Planning Services and the Committee Co-ordinator. The Chair outlined the purpose and format of the public meeting. DS-08-451 Proposed City-Initiated Amendments to the Oshawa Official Plan and the

Eastdale Part II Plan, North Side of Kettering Drive, West of Townline Road North (Ward 6)

The Committee reviewed Report DS-08-451 dated November 5, 2008 from the Commissioner, Development Services providing background information for the public meeting on proposed City-initiated amendments to the Oshawa Official Plan and the Eastdale Part II Plan which generally implement the approved alignment for the Rossland Road East extension between Harmony Creek and Townline Road North and certain land use designations adjacent to the approved alignment. The Director, Planning Services gave a brief presentation regarding the proposed City-initiated amendments to the Oshawa Official Plan and Eastdale Part II Plan, north side of Kettering Drive, west of Townline Road north and noted that Beechnut Development Corporation Inc. and Kingsway Meadows and Estates have altered their original high-density draft plan of subdivision to a medium-density plan including townhomes and single family units. The Chair asked if any members of the public wished to speak on the item.

Libby Racansky addressed the Committee in support of the proposed City-initiated amendments to the Oshawa Official Plan and the Eastdale Part II Plan, north side of Kettering Drive, west of Townline Road North and fully supports any amendment that would designate the forested parts of these applications as open space.

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A member of the public addressed the Committee in support of the proposed City-initiated amendments to the Oshawa Official Plan and the Eastdale Part II Plan, north side of Kettering Drive, west of Townline Road North and noted that the inclusion of parkland and open space is wonderful; the citizen also requested the immediate installation of an intersection at Kettering Drive or Margate Avenue.

Lorne Cline addressed the Committee in support of the proposed City-initiated amendments to the Oshawa Official Plan and the Eastdale Part II Plan, north side of Kettering Drive, west of Townline Road North and expressed support for the revised draft plan of subdivisions and rezoning applications submitted by Beechnut Development Corporation Inc. and Kingsway Meadows and Estates.

Darlene Forbes addressed the Committee and requested that Harmony Creek Park be preserved as a natural space and that development be limited.

Michelle Meraw addressed the Committee expressing concern regarding the preservation of the environment with respect to the approved alignment for the Rossland Road East extension between Harmony Creek and Townline Road North. John Brunner addressed the Committee expressing concern regarding how the approved alignment for the Rossland Road East extension between Harmony Creek and Townline Road North will affect his property.

Deanna Young addressed the Committee requesting information about any future plans for a bridge crossing.

Evan Linnell addressed the Committee expressing concern regarding how the approved alignment for the Rossland Road East extension between Harmony Creek and Townline Road North will affect his property.

Diane Davidson address Committee expressing concern regarding the preservation of the environment and natural state of the location with respect to the approved alignment for the Rossland Road East extension between Harmony Creek and Townline Road North. Moved by Councillor Nicholson, “That, pursuant to Report DS-08-451 dated November 5, 2008, the proposed City-initiated amendments to the Oshawa Official Plan and the Eastdale Part II Plan (forming Attachment 1 to said Report) which are intended to generally implement the approved alignment for the Rossland Road East extension between Harmony Creek and Townline Road North and certain land use designations adjacent to the approved alignment be referred back to the Development Services Department for further review

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and the preparation of a subsequent report and recommendation. This referral does not constitute or imply any form or degree of approval.” CARRIED

Moved by Councillor Nicholson, “That the meeting recess.” CARRIED The meeting recessed at 6:12 p.m. and reconvened at 7:12 pm at the McLaughlin Library, 65 Bagot Street, for the purposes of holding a Public Meeting with the following in attendance: Councillors Parkes, Henry, Nicholson, Pidwerbecki, and Neal. Also in attendance were the Commissioner, Development Services; Director, Planning Services; the Senior Planner and the Committee Co-ordinator. The Chair outlined the purpose and format of the public meeting. DS-08-481 Oak Ridges Moraine Conservation Plan Implementation, Ministry of

Municipal Affairs and Housing Proposed Modifications to City’s Zoning By-law Amendments 38-2006 (Ward 7)

This matter was previously discussed at a City Council meeting on

March 31, 2008 when staff were authorized to organize a public meeting regarding the proposed modifications and to report back after the public meeting.

The Committee now reviewed Report DS-08-481 dated November 5, 2008

from the Commissioner, Development Services outlining modifications proposed by the Ministry of Municipal Affairs and Housing to City Zoning By-law 38-2006 which implements the Oak Ridges Moraine Conservation Plan.

That Chair asked if any members of the public wished to address the Committee regarding this report; no members of the public addressed the Committee.

Moved by Councillor Pidwerbecki,

“That Report DS-08-481 dated November 5, 2008 regarding modifications proposed by the Ministry of Municipal Affairs and Housing to City By-law 38-2006 (Oak Ridges Moraine Conservation Plan Implementation) be referred back to the Development Services Department for further review and the preparation of a subsequent report and recommendation. This referral does not constitute or imply any form or degree of approval or acceptance of the proposed modifications.” CARRIED

Moved by Councillor Pidwerbecki, “That the meeting adjourn.” CARRIED The meeting adjourned at 7:14 p.m.

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