file a-2120 development services committee...

File A-2120 DEVELOPMENT SERVICES COMMITTEE MEETING May 29, 2006 Minutes of the SEVENTEENTH meeting of the Development Services Committee for 2006 held in the Committee Meeting Room, Second Floor, Rundle Tower, Oshawa Civic Administration Complex, at 1:00 p.m., and minutes of a Planning Act Public Meeting held in the Council Chamber, Second Floor, “A” Wing, Oshawa Civic Administration Complex, on Monday, May 29, 2006, at 5:30 p.m. Present: Councillor Parkes, Chair (left at 3:45 p.m.) Councillor M. Nicholson, Vice-Chair Councillor Clarke, Member Councillor Neal, Member Councillor Pidwerbecki, Member Mayor Gray, Member Ex Officio

Also Present: Councillor Lutczyk Councillor Kolodzie T. Hodgins, Acting Commissioner, Department of Development Services B. Hunt, Director, Planning Services M. Sims, Director, Engineering Services E. Rodgers, Manager, Policy and Special Projects P. Ralph, Acting Manager, Development and Urban Design W. Munro, Community Improvement and Housing Co-ordinator V. Field, Planner, Development and Urban Design J. Conlin, Manager, By-Law Enforcement Services P. Lee, Manager, Development and Water Resources M. Toor, Manager, Water Resources K. Staunton, Development Engineering Project Co-ordinator J. Collins, Engineering Technologist C. Symons-Milroy, Director, Economic Development and Real Estate Services D. Pearce, Real Estate and Business Development Manager L. Araujo, Manager, Budgets and Financial Systems Development R. Vanderkwaak, Manager, Parking and Transportation Support Services D Potts, Director, Legal Services B. Warner, Assistant Solicitor, Legal Services L. Rooks, Committee Co-ordinator DS-06-174 Correspondence regarding Rundle House, 364 Simcoe Street North, received from:

Bruce Wood (petition); Katrien Darling; Ted Rundle; Dave Rundle; Beth Rundle; Joanne Tunnicliffe (nee Rundle); Brenda Rundle; Mary Ellen Henderson; Jennifer; and Carol Hinch (Ward 5)

The Committee reviewed correspondence regarding the Rundle House, 364 Simcoe

Street North, received from: Bruce Wood (petition); Katrien Darling; Ted Rundle; Dave Rundle; Beth Rundle; Joanne Tunnicliffe (nee Rundle); Brenda Rundle; Mary Ellen Henderson; Jennifer; and Carol Hinch.

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DEVELOPMENT SERVICES COMMITTEE MEETING – May 29, 2006

Moved by Councillor Clarke, “That the Development Services Committee recommend to City Council that

correspondence regarding the Rundle House, 364 Simcoe Street North, received from: Bruce Wood (petition); Katrien Darling; Ted Rundle; Dave Rundle; Beth Rundle; Joanne Tunnicliffe (nee Rundle); Brenda Rundle; Mary Ellen Henderson; Jennifer; and Carol Hinch be received for information.” CARRIED

DS-06-200 Anthony Martin, supporting construction of sidewalk on east side of Ormond Drive

between Woodmount Crescent and Coldstream Drive (Ward 7) The Committee reviewed correspondence dated May 25, 2006, from Anthony

Martin expressing support for the construction of a sidewalk on the east side of Ormond Drive between Woodmount Crescent and Coldstream Drive.


correspondence dated May 25, 2006, from Anthony Martin expressing support for the construction of a sidewalk on the east side of Ormond Drive between Woodmount Crescent and Coldstream Drive be received for information and referred to Report DS-06-195.” CARRIED

DS-06-201 Ryan and Christine Boucher, supporting construction of sidewalk on east side of

Ormond Drive between Woodmount Crescent and Coldstream Drive (Ward 7) The Committee reviewed correspondence dated May 26, 2006, from Ryan and

Christine Boucher expressing support for the construction of a sidewalk on the east side of Ormond Drive between Woodmount Crescent and Coldstream Drive.


correspondence dated May 26, 2006, from Ryan and Christine Boucher expressing support for the construction of a sidewalk on the east side of Ormond Drive between Woodmount Crescent and Coldstream Drive be received for information and referred to Report DS-06-195.” CARRIED

DS-06-204 Leslie Vella, supporting construction of sidewalk on east side of Ormond Drive

between Woodmount Crescent and Coldstream Drive (Ward 7) The Committee reviewed correspondence dated May 26, 2006, from Leslie Vella

expressing support for the construction of a sidewalk on the east side of Ormond Drive between Woodmount Crescent and Coldstream Drive.


correspondence dated May 26, 2006, from Leslie Vella expressing support for the construction of a sidewalk on the east side of Ormond Drive between Woodmount Crescent and Coldstream Drive be received for information and referred to Report DS-06-195.” CARRIED

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DS-06-05 Proposed Amendment to Zoning By-law 60-94 to Regulate the Height and Size of

Accessory Buildings in Certain Zones and to Prohibit the Use of Trailers and Portable Buildings as Accessory Uses in Certain Zones (All Wards)

This matter was last discussed by City Council at a meeting held November 15,

2004, when Council considered Report DS-04-329 regarding accessory buildings, and directed staff to prepare a report concerning the height and size restrictions for buildings accessory to single detached dwellings in the rural area. The elimination of trailers and portable buildings as accessory buildings in residential zones in the urban area, residential zones in hamlets, and in estate residential zones was also referred to staff for report.

The Committee now reviewed Report DS-06-05 dated May 24, 2006, from the

Acting Commissioner of Development Services responding to Council’s direction and recommending Council authorize staff to initiate the public process to consider proposed changes to Zoning By-law 60-94.

Moved by Councillor Clarke, “That the Development Services Committee recommend to City Council that the

Department of Development Services be authorized to initiate the public process for City Council to consider proposed amendments to Zoning By-law 60-94 which would: (a) Restrict the maximum lot coverage, maximum height, and location of

buildings accessory to single detached dwellings, as proposed in Attachment 1 of Report DS-06-05 dated May 24, 2006.

(b) Reflect appropriate revisions to the accessory building provisions of Zoning

By-law 60-94 to include the recently created OS-ORM and AG-ORM Zones as a housekeeping amendment.

(c) Prohibit former school portables and trailers, including truck bodies, as

accessory buildings to residential uses in all Residential Zones in the urban area, Residential Zones in the Hamlets and Estate Residential Zones.” CARRIED

DS-06-187 City of Oshawa Brownfields Development Charges Deferral Policy (All Wards) This matter was last discussed at the Development Services Committee meeting

held May 30, 2005, (Item DS-05-186) when the Committee directed staff to prepare a report providing options for the deferral of development charges with respect to the proposed Brownfields Renaissance Community Improvement Plan (CIP).


Acting Commissioner of Development Services regarding a proposed Brownfields Development Charges Deferral Policy to be used in concert with the Brownfields Renaissance CIP.

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Moved by Councillor Clarke, “That the Development Services Committee recommend to City Council that City

Council approve a policy to enable the deferred payment of City of Oshawa Development Charges for Brownfield Redevelopment as: City of Oshawa Brownfields Development Charges Deferral Policy (a) Development Charge By-law 84-2004 was passed on July 19, 2004.

By-law 84-2004 imposes Development Charges against land to pay for increased capital costs required because of increased needs for services arising from the development of the area to which the by-law applies.

(b) Developers who have entered into a City of Oshawa Brownfield

Redevelopment Grant Agreement under the City of Oshawa Brownfields Renaissance Community Improvement Plan, may request the City to defer the payment of City development charges through a deferral agreement in an amount equal to the value of the future City of Oshawa Brownfield Redevelopment Grant.

(c) Development Services staff shall review the deferral request and prepare an

appropriate recommendation report to Development Services Committee and City Council. If the deferral request is approved by City Council, the payment of the development charge attributable to the redevelopment will be deferred to coincide with the payment schedule in the City Brownfield Redevelopment Grant Agreement.

(d) Legal Services shall be responsible for the preparation of the deferral

agreement. (e) The City shall have the option to charge interest as permitted by

Section 27 (3) of the Development Charges Act, 1997, in an amount determined by Finance and Business Planning Services.

(f) The developer shall be responsible for contacting the Regional Municipality

of Durham to determine their willingness to participate. City staff will implement any agreements between developers and the Regional Municipality of Durham regarding the deferred payment of Regional development charges for brownfield redevelopment.” CARRIED

DS-06-183 Minimum Floor to Ceiling Height for Habitable Rooms (All Wards) This matter was last discussed at the Development Services Committee meeting

held September 19, 2005, when the Committee reviewed correspondence from the Property Standards Committee (Item DS-05-287) requesting consideration of an amendment to Section 6.5.1 of Property Standards By-law 1-2002 with respect to the minimum floor to ceiling height for habitable room. The Committee referred the letter to staff for a report.

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Acting Commissioner of Development Services providing an overview of regulations pertaining to minimum floor to ceiling heights and recommending that for safety, convenience and other reasons the minimum ceiling height in the Property Standards By-law not be reduced.

Moved by Councillor Clarke,

“That the Development Services Committee recommend to City Council:

1. That the Property Standards Committee be thanked for their letter regarding minimum floor to ceiling heights and be provided with a copy of Report DS-06-183 dated May 24, 2006, and related Council resolution.

2. That staff be directed to review and amend, as required, Property Standards

By-law 1-2002 and Lodging House By-law 94-2002, as amended, to bring the minimum required floor to ceiling heights for habitable rooms in buildings not containing more than two dwelling units and in lodging units in line with the requirements of Part 11 of the Ontario Building Code.” CARRIED

Councillor Lutczyk entered the meeting. DS-06-196 Rick Maeder, Durham Auto Group – request to address Committee regarding the

landscaping for rezoning application at 548 Simcoe Street South

DS-06-185 Application to Amend Zoning By-law 60-94, 548 Simcoe Street South, 2056489 Ontario Inc. (Ward 2)

The Development Services Committee last discussed this matter at a Planning Act

Public Meeting held April 18, 2006, when Report DS-06-103 concerning an application submitted by 2054489 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 was referred back to the Department of Development Services for preparation of a subsequent report and recommendation.


Acting Commissioner of Development Services recommending the application be denied.

Rick Maeder, Durham Auto Group, addressed Committee advising he was

disappointed with the recommendation to deny his application. Rick Maeder gave a PowerPoint presentation showing various properties located in the area of the Simcoe Street South gateway to Oshawa. Rick Maeder also showed examples of existing used car lots located in the vicinity that have no landscaping, as well as some recently renovated car dealerships with landscaping. Rick Maeder stated they propose to add a 130-foot landscaped buffer adjacent to the frontage along Simcoe Street South and part of the Highway 401 on-ramp, and he showed an example of the landscaping being proposed for the property. Rick Maeder stated they would be the only independent used car lot with landscaping.

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The Committee questioned Rick Maeder. The application is considered further later in the meeting (see page 8) DS-06-195 Request to delete sidewalk along the east side of Ormond Drive, between DS-06-126 Woodmount Crescent and Clearwater Court (Ward 7) This matter was last discussed at the Development Services Committee meeting

held May 8, 2006, when the Committee tabled Report DS-06-126 and directed staff to investigate the availability of parking for the townhouses on the west side of Ormond Drive and the proposed park.


Acting Commissioner of Development Services responding to the Committee’s directive for additional information concerning parking, and recommending the sidewalk be constructed for the reasons outlined in Report DS-06-126 dated May 3, 2006.

Alan Smith addressed Committee, stating he felt the sidewalk should be deleted.

Alan Smith expressed concern about safety and the speed of vehicles, stating the sight lines on the bend are very poor. Alan Smith advised parking on his driveway was not a problem for him.

The Committee questioned Alan Smith. Councillor Kolodzie entered the meeting. Bill Flemming addressed Committee advising he was Alan Smith’s neighbour and

that he supported Alan Smith’s comments. Bill Flemming advised the townhouse development on the west side of Ormond Drive between Woodmount Drive and Kedron Public School would now be fronting on Ormond Drive. Bill Flemming expressed concern for the safety of children.

Anthony Martin addressed Committee, advising he was in support of constructing

the sidewalk on the east side of Ormond Drive. A resident of Ormond Drive stated it would be better for the residents of the

seniors facility located on the west side of Ormond Drive if the sidewalk were built on the west side.

Moved by Mayor Gray, “That Report DS-06-126 dated May 3, 2006, be lifted from the table.” CARRIED Moved by Councillor Neal, “That the Committee deviate from the order of the Agenda and deal with Report

DS-06-195 now.” LOST This matter is discussed further later in the meeting (see page 9).

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DS-06-189 Valiant Property Management – Request to delete sidewalk along the east side of

Ormond Drive between Woodmount Crescent and Clearwater Court (Ward 7) The Committee reviewed correspondence dated May 15, 2006, from Valiant

Property Management requesting to address Committee regarding the request to delete the sidewalk on the east side of Ormond Drive.

The Chair noted the delegation from Valiant Property Management was not in

attendance. DS-06-191 Regional Municipality of Durham, Water and Wastewater Master Plan Study,

Stakeholder Advisory Committee (All Wards) The Committee reviewed correspondence dated May 11, 2006, from Rich Tindall,

Project Manager, Regional Municipality of Durham, advising the Region has initiated a Master Planning Study to identify a preferred strategy for the design and operation of all municipal water and wastewater systems in the Region. The Region further advises a Stakeholder Advisory Committee is being established and the City is invited to provide one representative to sit on the Stakeholder Advisory Committee for the duration of the Study.

Moved by Councillor M. Nicholson, “That the Development Services Committee recommend to City Council that

Council endorse Patrick Lee, Manager, Development and Water Resources, as the City’s representative on the Stakeholder Advisory Committee with respect to the Region of Durham’s Water and Wastewater Master Plan Study.” CARRIED

DS-06-01 Proposed Amendment to the Oshawa Official Plan to Authorize the Provision of

Financial Incentives in the Downtown Shoulder Area (Wards 2 and 5) The Committee reviewed Report DS-06-01 dated May 24, 2006, from the Acting

Commissioner of Development Services presenting a proposed Official Plan Amendment (OPA) which will enable the City to provide financial incentives for development in the Downtown Shoulder Area. Under Section 28 of the Planning Act, it is necessary for the Oshawa Official Plan to contain special policies which authorize the adoption of a Downtown Shoulder Area Community Improvement Plan (CIP). The report recommends Council authorize staff to process the proposed OPA, including scheduling a public meeting.

The Committee discussed the proposed OPA with the Director of Planning

Services. Moved by Councillor Clarke, “That the Development Services Committee recommend to City Council that the

Department of Development Services be authorized to process a proposed Official Plan Amendment to authorize the provision of financial incentives for development in the Downtown Shoulder Area, in accordance with Attachment 1 to Report DS-06-01 dated May 24, 2006.” CARRIED

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DS-06-185 Application to Amend Zoning By-law 60-94, 548 Simcoe Street South, (Cont’d) 2056489 Ontario Inc. (Ward 2) This matter was discussed earlier in the meeting (see page 5). Moved by Councillor Pidwerbecki, “That Report DS-06-185 be referred back to staff for further review.” LOST The Committee and Councillors discussed the merits of the application. Moved by Councillor Neal, “That the application to amend Zoning By-law 60-94 submitted by 2056489

Ontario Inc. to permit an automobile sales and service establishment for used vehicles as an additional permitted use at 548 Simcoe Street South be approved.” CARRIED AS AMENDED BY LATER VOTE

Moved by Councillor Clarke “That the motion be amended by adding, ‘and referred back to staff to prepare

conditions of approval’ after the words ‘be approved’.” CARRIED The Committee further discussed the application with respect to the rezoning being

a temporary use and relative to the Ministry of Transportation lease. Moved by Councillor Clarke “That the motion be further amended by adding a Part 2, as follows: ‘2. That the use be a temporary use for a three-year period, subject to renewal,

and based on the Ministry of Transportation lease with Rick Maeder’.” CARRIED

The vote on the motion to approve the application CARRIED AS AMENDED. DS-06-193 Council Directive – Applications for Upgrade to Building Code Loan, Façade

Improvement Loan and Building Permit Fee Grant; 62, 66 and 70 King Street West, 10 and 14 Centre Street North; Bill Khanna, Khanna Holdings Inc. (Wards 2 and 5)

This matter was last discussed by City Council at a meeting held May 23, 2005,

when Council considered Item 3 of the Twenty-Fourth Report of the Development Services Committee concerning Report DS-06-120. Council subsequently amended Part 1 of the motion by replacing ‘$50,000’ with ‘$100,000’, and referred the matter back to the Committee to determine funding sources.

Moved by Councillor Clarke, “That the applications submitted by Khanna Holdings Inc. for an Upgrade to

Building Code Loan, Façade Improvement Loan and a Building Permit Fee Grant to assist in the redevelopment of 62, 66 and 70 King Street West and 10 and 14 Centre Street North be referred back to staff for further review and report back to Committee.” CARRIED

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Councillors Pidwerbecki and Clarke temporarily left the meeting. DS-06-180 Town and Gown Committee (All Wards) The Committee reviewed Report DS-06-180 dated May 24, 2006, from the Acting

Commissioner of Development Services providing Council with an update on the activities of the Town and Gown Committee and seeking Council approval of the proposed Terms of Reference and Operating Procedures for the Town and Gown Committee.

The Committee discussed the role of the Town and Gown Committee and the

newsletter that was distributed to residents living in the vicinity of the Durham College/UOIT Simcoe Street North Campus.

Councillors Pidwerbecki and Clarke returned to the meeting. The Manager, By-Law Enforcement Services, reviewed the Terms of Reference,

the Operating Procedures, and the Town and Gown Committee membership. Moved by Councillor Neal, “That the Development Services Committee recommend to City Council:

1. That the Terms of Reference and Operating Procedures of the Oshawa Town and Gown Committee, as attached to Report DS-06-180 dated May 24, 2006, be approved.

2. That the Department of Development Services report, not less than twice

per year, to the Development Services Committee and Council on the activities of the Town and Gown Committee.” CARRIED

DS-06-195 Request to delete sidewalk along the east side of Ormond Drive, between DS-06-126 Woodmount Crescent and Clearwater Court (Ward 7)(Cont’d) This matter was discussed earlier in the meeting (see page 6). The Committee further discussed Reports DS-06-195 and DS-06-126 (attachment

to Report DS-06-195). Moved by Mayor Gray, “That the Development Services Committee recommend to City Council:

1. That pursuant to Report DS-06-126, the petition to delete the sidewalk on the east side of Ormond Drive, between the north leg of Woodmount Crescent to Coldstream Drive, be denied and that the sidewalk be constructed.

2. That property owners surveyed in the Ormond Drive area be advised of

Council’s decision.” CARRIED BY LATER VOTE Councillor Lutczyk left the meeting.

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The Committee discussed the sidewalk and parking issues on Ormond Drive. The vote on the motion CARRIED. DS-06-206 Parking on Ormond Drive (Ward 7) The Committee discussed parking issues on Ormond Drive, between Woodmount

Drive/Crescent and the hydro corridor. Moved by Councillor Neal, “That Operational Services staff be requested to investigate and report back to

Committee with respect to implementing ‘No Parking’ on both sides of Ormond Drive from Flagstone Court to the hydro corridor.” CARRIED AS AMENDED BY LATER VOTE

Moved by Mayor Gray, “That the motion be amended by adding Part 2, as follows: ‘2. That staff be requested to investigate the parking requirements for: (a) the Conlin Meadows Park adjacent to the Kedron Public School at

the north end of Ormond Drive; and, (b) the townhouse development on the west side of Ormond Drive

between Woodmount Drive and Kedron Public School; and report back to Committee’.” CARRIED The vote on the motion CARRIED AS AMENDED. Mayor Gray left the meeting. Councillor Neal temporarily left the meeting. Moved by Councillor M. Nicholson, “That this meeting be closed to the public in order to discuss confidential legal and property matters.” CARRIED Councillors Parkes, M. Nicholson, Clarke, Neal (entered during Closed Meeting), Pidwerbecki and Kolodzie were present for closed meeting discussion. Also present were the Acting Commissioner of Development Services, Director of Planning Services, Director of Engineering Services; Manager, Policy and Special Projects; Acting Manager, Development and Urban Design; Manager, Parking and Transportation Support Services; Director of Economic Development and Real Estate Services; Real Estate and Business Development Manager; Director of Legal Services; Assistant Solicitor, Legal Services; Manager, Budgets and Accounting Services; and the Committee Co-ordinator. All members of the public left the meeting. The Committee discussed confidential legal and property matters during a closed meeting. Councillor Neal re-entered the meeting during closed meeting discussion.

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Councillor Kolodzie left during closed meeting discussion. Moved by Councillor Pidwerbecki, “That the Committee rise from the closed meeting and report.” CARRIED Moved by Councillor M. Nicholson, “That the Development Services Committee adopt the following closed meeting items: DS-06-194 Property Matter That Confidential Correspondence dated May 16, 2006, concerning a property

matter be referred to staff for report to a special Development Services Committee meeting to be held on June 12, 2006.

DS-06-198 Property Matter That staff proceed as directed, and that a further report be presented at a special

Development Services Committee meeting to be held on June 12, 2006. DS-06-188 Legal/Property Matter That the Development Services Committee recommend to City Council that staff

proceed as directed.” CARRIED Moved by Councillor M. Nicholson, “That the meeting recess.” CARRIED The meeting recessed at 3:45 p.m. and reconvened at 5:30 p.m. in the Council Chamber for the purpose of holding a Planning Act Public Meeting with the following in attendance: Mayor Gray and Councillors M. Nicholson, Pidwerbecki, Clarke, and Neal. The Acting Commissioner of Development Services; Director of Planning Services; Director of Engineering Services; Manager, Development and Water Resources; Manager, Water Resources; Engineering Technologist; and Committee Co-ordinator were also in attendance. Councillor M. Nicholson, Vice-Chair, chaired the meeting. The Chair outlined the purpose and format of the Public Meeting. DS-06-168 Applications to Amend the Oshawa Official Plan, the Windfields Part II Plan and

Zoning By-law 60-94, and for Approval of Draft Plan of Subdivision S-O-2006-02; east of Simcoe Street North, north of proposed Britannia Avenue; Windfields Farm Ltd. (Ward 7)

The Committee reviewed Report DS-06-168 dated May 24, 2006, from the Acting

Commissioner of Development Services regarding applications submitted by Windfields Farms Ltd. to amend the Oshawa Official Plan, the Windfields Part II Plan and Zoning By-law 60-94, and for approval of draft plan of subdivision S-O-2006-02 for lands located east of Simcoe Street North and north of proposed

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Britannia Avenue. The applications to amend the Oshawa Official Plan and the Windfields Part II Plan apply to lands both within and outside of the proposed draft plan of subdivision.

The Chair advised the public meeting was also intended to address requirements of

the Municipal Class Environmental Assessment process related to the application. Andrew Gray, Tribute Communities, addressed Committee advising the

development to date has been very successful and Tribute is looking forward to further development of the Windfields Farm property.

John Kennedy, Windfields Farm Limited, addressed Committee. Using plans on

display, John Kennedy reviewed details of the proposed development and advised the draft plan includes a block for a new fire hall, located at the northeast corner of Simcoe Street North and proposed Britannia Avenue. Other amendments include realigning an east-west collector street located between Bridle Road extension and Simcoe Street North; relocating a public elementary school and a neighbourhood park on lands to the east of the draft plan further west; and deleting a north-south collector road extension located between the main branch of the Oshawa Creek and Bridle Road extended.

The Chair asked if anyone wished to speak on this item. Glenn Genge, D.G. Biddle & Associates Limited, addressed Committee on behalf

of the landowner to the east of the Windfields draft plan of subdivision. Glenn Genge advised they have had meetings with Windfields and Tribute to resolve some issues, and he asked that the Windfields application not be approved until these issues have been resolved.

The Chair asked if any other members of the audience wished to speak on this

item. There were no further comments from the public on this matter. Moved by Councillor Neal, “That Report DS-06-168 dated May 24, 2006, from the Acting Commissioner of

Development Services concerning applications to amend the Oshawa Official Plan, the Windfields Part II Plan (File: B-3100-0085) and Zoning By-law 60-94 (File: Z-4/2006) and for approval of draft plan of subdivision S-O-2006-02 submitted by Windfields Farm Ltd. for lands east of Simcoe Street North and north of proposed Britannia Avenue be referred back to the Department of Development Services 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.” CARRIED

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DS-06-181 Applications to Amend the Oshawa Official Plan and Zoning By-law 60-94; south

of Bruce Street, between Albert Street and Court Street; 1513158 Ontario Ltd. (Ward 2)

The Committee reviewed Report DS-06-181 dated May 24, 2006, from the Acting

Commissioner of Development Services regarding applications submitted by 1513158 Ontario Ltd. to amend the Oshawa Official Plan and Zoning By-law 60-94 to permit the expansion of a previously approved but not yet developed parking lot on the south side of Bruce Street, between Albert Street and Court Street.

Glenn Genge, D.G. Biddle & Associates Limited, addressed Committee on behalf

of the applicant advising the previous parking lot approved in June 2004 was for 185 parking spaces, and that the current application was for 379 parking spaces. The Municipal Class EA Study has been completed and a Record of Site Condition submitted, acknowledged by the MOE. Glenn Genge stated the Mary Street extension between Bruce Street and Albert Street is no longer required and the applicant wants to extend the size of the parking log. Glenn Genge reviewed the land use considerations as identified on Agenda page 114, and stated they are willing to work with staff to resolve any issues.

In response to the Committee’s questions, Glenn Genge stated a traffic impact

study would be submitted if it is required. The Chair asked if any members of the audience wished to speak on this item.

There were no comments from the public on this matter. Moved by Councillor Clarke, “That Report DS-06-181 dated May 24, 2006, from the Acting Commissioner of

Development Services concerning applications to amend the Oshawa Official Plan (File B-3100-0087) and Zoning By-law 60-94 (File Z-6/06) submitted by 1513158 Ontario Limited to permit a parking lot on lands on the south side of Bruce Street, between Albert Street and Court Street, be referred back to the Department of Development Services 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.” CARRIED

DS-06-192 Proposed New Site Alteration By-law (All Wards) This matter was last discussed by City Council at a meeting held May 1, 2006,

when Council considered Report DS-06-125 concerning a proposed new Site Alteration By-law and authorized staff to advertise and hold a public meeting on May 29, 2006, to obtain public comments on the proposed Site Alteration By-law and related fees.


Acting Commissioner of Development Services regarding the proposed new Site Alteration By-law and a proposed amendment to the General Fees and Charges By-law to include the proposed fees associated with the Site Alteration By-law.

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The Chair advised the public meeting was being held under the requirements of the

Municipal Act. A notice advertising the public meeting was published in the Oshawa This Week newspaper on May 14 and 21, 2006. A copy of the notice was also emailed to BILT (Building Industry Liaison Team) and BRIC (Building Review and Inspection Committee) members on May 12, 2006.

The Chair asked if any members of the audience wished to speak on this item.

There were no comments from the public on this matter. Moved by Councillor Clarke, “That the Development Services Committee recommend to City Council:

1. Whereas notice has been provided to both the Building Industry Liaison Team, Building Review and Inspection Committee, and the general public regarding a public meeting for the Site Alteration By-law; and,

2. Whereas no concerns were raised at the public meeting of May 29, 2006,

regarding the proposed Site Alteration By-law; 3. Therefore be it resolved that the Site Alteration By-law, included as

Attachment 1 to Report DS-06-192, be approved; and, 4. That the amendment to the General Fees and Charges By-law, included as

Attachment 2 to Report DS-06-192, be approved.” CARRIED BY LATER VOTE

Moved by Councillor Neal, “That the motion be amended by adding Part 5, as follows: ‘5. That staff be directed to contact all residents who have submitted drainage

and grading complaints since 2000 to address their concerns, and report back to Committee’.” LOST BY LATER VOTE

The Committee discussed the proposed amendment. The Acting Commissioner,

Department of Development Services stated the proposed new Site Alteration By-law is not retroactive and cannot help property owners with prior grading issues. In response to questions from the Committee, the Director of Engineering Services advised staff respond to drainage and grading complaints as they are received. The Director of Engineering Services reviewed highlights of the proposed Site Alteration By-law to control the dumping of fill, removal of topsoil, and alteration of grades.

The vote on the amendment LOST. The vote on the motion to approve the new Site Alteration By-law and amend the

General Fees and Charges By-law CARRIED. Moved by Councillor Pidwerbecki, “That the meeting adjourn.” CARRIED The meeting adjourned at 6:35 p.m.

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