Proposed City-Initiated Amendments to Zoning By-law No

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1 Report To: From: Subject: Development Services Committee Acting Commissioner, Department of Development Services Item: Date of Report: DS June 14, 2006 File: Date of Meeting: B June 19, 2006 All Wards Proposed City-Initiated Amendments to Zoning By-law No PUBLIC MEETING 1.0 BACKGROUND On June 6, 1994, Council adopted Comprehensive Zoning By-law No for the City of Oshawa. During the process which led to the adoption of Zoning By-law No , Council was advised that this Department would regularly review and update the by-law in order to address any problems, keep the by-law current, effective, user friendly and able to expedite development. In 1998, 2000, 2003 and 2005 the regular reviews and updates to Zoning By-law No were undertaken, resulting in Council approving a number of technical/housekeeping amendments. On May 1, 2006 City Council authorized the Department of Development Services to begin the public process that will allow Council to consider a fifth round of City-initiated amendments to Zoning By-law No to address issues which have been identified since the last update. The proposed amendments are indicated in Attachment No. 1 to this report. Since City Council authorized the Department of Development Services to initiate the public process to consider the proposed amendments, two additional items have been identified for inclusion in the list of proposed amendments. The additional amendments are as follows: (a) Brookfield Homes has requested that the zoning of the City owned woodlot described as Block 94, Registered Plan 40M-2283 on Maddock Court, be rezoned from (Urban Open Space) to an appropriate OSE (Environmentally Sensitive Open Space) Zone. Brookfield Homes conveyed this woodlot to the City with the registration of the subdivision. Brookfield Homes has indicated that people are not purchasing the single detached lots backing onto the City s woodlot, in part, because they are concerned that the woodlot will be sold and developed. The purchasers are also concerned with the current (Urban Open Space) zoning label. Potential purchasers that contact this Department are advised that the City intends to protect this woodlot. However, Brookfield Homes advises that the potential purchasers remain hesitant to purchase the lots. Brookfield Homes is hopeful that an OSE (Environmentally Sensitive Open Space) Zoning will help to address any concerns of potential purchasers

2 Report to the Development Item: DS Services Committee (Continued) Meeting Date: June 19, 2006 (b) During the processing of a draft plan of condominium application for 1011 Simcoe Street North it has been discovered that a small northern portion of this site was inadvertently zoned R6-B (Residential)/SO-B (Specialized Office) which is the same zoning as the adjacent animal hospital at 1031 Simcoe Street North. The balance of 1011 Simcoe Street North is zoned R4-A/R6-A (Residential). It is appropriate to rezone the northern portion of 1011 Simcoe Street North from R6-B (Residential)/SO-B (Specialized Office) to R4-A/R6-A (Residential) to create consistency in the zoning for all of this site. A notice advertising the public meeting was mailed to all required public bodies. In addition, a notice was published in the Oshawa This Week newspaper. 2.0 INPUT FROM OTHER SOCES The proposed amendments have been circulated for comment and identification of issues to a number of departments, agencies, the Building Industry Liaison Team (BILT) and the Durham Region Home Builders Association. These comments and issues will be considered and reported on, as appropriate, in a subsequent staff report which will provide a recommendation on the proposed amendments. 3.0 ANALYSIS The proposed zoning amendments are intended to improve customer service, maintain the currency and effectiveness of Zoning By-law No , address safety issues, reduce the number of Committee of Adjustment applications, and implement the Oshawa Official Plan. 4.0 COMMUNITY STRATEGIC PLAN Having a zoning by-law and maintaining its currency advances all three Goals of the City s Community Strategic Plan (Goal A A Vibrant, Strong & Progress Community; Goal B A Green and Sustainable Community; and Goal C A Caring and Responsive Community). 5.0 FINANCIAL IMPLICATIONS N/A

3 Report to the Development Item: DS Services Committee (Continued) Meeting Date: June 19, RECOMMENDED ACTION It is recommended that the Report DS , dated June 14, 2006, regarding proposed Cityinitiated amendments to Zoning By-law No , 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. Bruce Hunt, MCIP, RPP, Director, Planning Services Department of Development Services Thomas B. Hodgins, B.E.S., M.A., RPP, Acting Commissioner Department of Development Services RB/c Attachments

4 Proposed Amendments to Zoning By-law No Attachment No. 1 DS By-law Section Issue Proposed Amendment 1. Section 2: Definitions 2. Section 2: Definitions 3. Section 4: General Provisions On November 14, 2005, Council directed that the public process be initiated to amend the definition of Automobile Rental Establishment to exclude certain types of vehicles which are inappropriate and not within the intent of the zoning by-law. This would limit the types of vehicles to automobiles, vans, passenger trucks and moving trucks. The definition of Parking Area should be amended to include spaces for the display or offering for sale of vehicles. This will ensure that such spaces are also setback 3 metres from a streetline to provide landscaping. The by-law currently prohibits locating a parking space in a corner sight triangle for safety reasons. The definition of Parking Space does not include areas used for the display or offering for sale of vehicles. The prohibition should be extended to also prevent the storing or displaying of vehicles in a sight triangle (e.g. at a car dealership). Amend the definition of Automobile Rental Establishment by adding the following sentence to the end of the definition: For the purposes of this definition vehicles shall only include automobiles, vans, passenger trucks and moving trucks but shall not include truck tractors or tractor trailers. Amend the definition of Parking Area by adding the words and areas used for the display or offering for sale of vehicles. to the end of the definition. Amend Subsection 4.10 Parking Locations by adding the words or any area used for the parking or storing of any vehicle including the display and offering for sale of a vehicle following the words no parking space in Article

5 SAM OSP By-law Section Issue Proposed Amendment 4. Section 7: R2 Residential Zones and Map C1 The requirement that lots fronting onto Townline Road South in the Portside Village subdivision be accessed by a shared driveway access easement or right of way has been deleted through an amendment to the conditions of draft plan approval. Accordingly, the special condition in Zoning By-law No pertaining to that requirement is no longer relevant and should be deleted. The lands should be rezoned from R2(3) to R2 (Residential). Amend Subsection 7.3 Special Conditions [R2 Zones] by deleting Article 7.3.4: R2(3) Zone (West of Townline Road South, south of Southgate Drive), and Sentences 7.3.4(1) and 7.3.4(2). HIGHWAY 401 SOUTHDALE SOUTHGATE R2 R1-D SOUT R2 SOUTHDOWN AVE OSP R1-C SOUTHRIDGE ST TOWNLINE RD S FROM: R2(3) TO: R2 SOUTHPORT R2(4) R3-A(4) R2(3) PI-A(1) COLONEL R3-A(3) R2 TOWNLINE RD S MUNICIPALITY OF CLARINGTON 5. Section 16: CBD Central Business District Zones Table 16.2 (Regulations for CBD Zones) should be revised to clarify that the required setback from a street line is a minimum required setback. Amend Table 16.2 by revising the words in the first column from Required Setback From The Street Line (m) to read Required Minimum Setback From The Street Line (m)

6 R3-A.Y4.5.C55"h-14" R3-A.Y4.5.C55"h-14" R3-A.Y4.5.C55"h-14" COLDSTR By-law Section Issue Proposed Amendment 6. Section 24: CIN Community Institutional Zones and Maps C3 and C4 Lands on the east side of Harmony Road North, south of the Legends Centre should be rezoned from (Urban Reserve) to an appropriate CIN (Community Institutional) Zone to permit the proposed construction of a new secondary school by the Durham District School Board. Amend Subsection 24.3 Special Conditions [CIN Zones] by adding a new Article and Sentence (1), as follows: CIN(5) Zone (Northeast corner of Harmony Road North and Coldstream Drive) (1) Notwithstanding Subsection 24.1 to the contrary, in any CIN(5) Zone as shown on Schedule A to this By-law, the following is the only permitted use: R1-D(1) "h-14" 1-C(5) "h-14" R1-E(15)"h-14" (a) Secondary School. Legends Center FROM: TO: CIN(5) -E(15)/CIN"h-14" -E(15)"h-14" -D(11)"h-14" CIN HARMONY RD N R1-D(4) R1-B APPLEBY CT R1-D(11)"h-14" 5)"h-14" OSP SPC-A(5) PCC-B(3) SPC-A(5) D(11)"h-14" PSC-A PSC-A(8) SPC-A(5) PCC-B(3) TAUNTON RD E R1 A PSC-A(10) - 3 -

7 SR-A(2) (2) GRASS GROVE LANE SIMCOE ST N HMC (1) CE HMC E MADDOCK OSP FROM: AG-A TO: AG-A COLUMBUS RD E AG-A R1-A R1-A(2) MUNICIPALITY OF CLARINGTON MADDOCK HANMORE ST R1-B BAYNES AVE HANMORE CT BR OO KF I ELD CT By-law Section Issue Proposed Amendment FROM: TO: OSE(1) AG-A/OSR-A(2) AG-A/OSR-A(2) 7. North Half Map Lands in the northeast quadrant of the Hamlet of Columbus associated with the Oshawa Creek Branch should be rezoned from AG-A (Agricultural) to (Hazard Lands Open Space). This would bring the zoning for these lands into conformity with the Open Space designation in the Columbus Development Plan. AG-A\ OSR-A(2) RIDGE TOP CT CE H HMC/ MADDOCK MADDOCK CT SSC-B ASH LOGANBERRY ST 8. Section 26: OS Open Space Zones and Map C3 The City owned woodlot Block 94 in Plan 40M-2283 should be rezoned from (Urban Open Space) to an appropriate OSE (Environmentally Sensitive Open Space) Zone to only permit a park and outdoor recreational uses without buildings or structures. BEATRICE ST ST E VALLEY TRAIL TRAIL VALLEY CIN/R1-D R1-D PONDVIEW CT R1-D.Y4.5.Y4.5 R1-A R1-B R1-C R1-B GRANDVIEW ST S RATH B N ST - 4 -

8 By-law Section Issue Proposed Amendment 9. Map B3 A portion of the apartment development at 1011 Simcoe Street North should be rezoned from R6-B/SO- B (Residential/Specialized Office) to R4-A/R6-A (Residential). This would create consistency in the zoning for the entire apartment site. OC-B PCC-D/ SSC-A PCC-D /SSC-B R1-A/ R6-B PCC-D R2/R6-B 1011 SIMCOE ST N PCC-D R6-B/CIN R6-B/ SO-B R6-C/ CC-A R6-C/ OC-A R6-C BEATRICE ST E R4-A/R6-A CALEDON R1-A/ CT CIN R1-A FROM: 'R6-B/SO-B' TO: 'R4-A/R6-A' BEATR PSC-A "h 6" R6-C/ SSC B - 5 -