To: Development Services Committee Item: Date of Report: DS June 9,2010

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1 Report To: Development Services Committee Item: Date of Report: DS June 9,2010 From: Subject: 1.0 PURPOSE Tom Hodgins, Commissioner, File: Date of Meeting: Development Services Department B June 14,2010 B C I. City lnitiated Amendments to the Oshawa Official Plan All Wards related to Student Accommodation and Community lmprovement 2. City lnitiated Amendments to the Development Charge By-law No related to the Simcoe Street North Corridor 3. Proposed University and College Area Renaissance Community lmprovement Plan PLANNING ACT AND DEVELOPMENT CHARGES ACT PUBLIC MEETING The purpose of this report is to provide background information for the subject Planning Act and Development Charges Act public meeting. On April 27, 2010 City Council approved a number of recommendations in the Student Accommodation Strategy including direction to initiate the public process for Council to consider: An amendment to add policies to the Oshawa Official Plan related to student accommodation; An amendment to add policies to the Oshawa Official Plan related to community improvement to support development in the arterial road corridors near the Durham College and UOlT north campus; An amendment to Development Charge By-law No to revise the definition of "lodging house" to exclude block townhouses and apartments and to provide for a development charge exemption for block townhouses and apartments, excluding condominiums, in the Simcoe Street North corridor near the Durham College and UOlT campus; and A Community lmprovement Plan to enable the City to provide financial incentives for the development of block townhouses and apartments, excluding condominiums, in the Simcoe Street North corridor near the Durham College and UOlT campus. Attachment No. 1 is a proposed amendment to the Oshawa Official Plan related to student accommodation.

2 Report to the Development Item: DS Services Committee (Continued) -2- Meeting Date: June 14,2010 Attachment No. 2 is a proposed amendment to the Oshawa Official Plan related to community improvement to support development in arterial road corridors near the Durham College and UOlT north campus. Attachment No. 3 is a copy of Development Charge By-law No Attachment No. 4 is the proposed amendment to Development Charge By-law No Attachment No. 5 is the proposed Community Improvement Plan. Notice of the public meeting was provided to all required public bodies. In addition, notice was provided in both the Oshawa This Week and Oshawa Express newspapers. 2.0 RECOMMENDATION It is recommended that the Development Services Committee select the appropriate option set out in Section 5.5 of Report DS dated June 9, EXECUTIVE SUMMARY 4.0 INPUT FROM OTHER SOURCES 4.1 Other Departments and Agencies P No department or agency that provided comments has any objection to the matters subject to this public meeting. P Legal Services and Finance Services have provided input into this matter 4.2 Auditor General > The Auditor General's comments form Attachment No ANALYSIS 5.1 Proposed Oshawa Official Plan Amendment related to Student Accommodation P The Housing Policies in the Oshawa Official Plan provide the policy framework for the City on such matters as affordable housing, rental accommodation, residential intensification, group homes and special needs.

3 Report to the Development Item: DS Services Committee (Continued) -3- Meeting Date: June 14, At the time the Oshawa Official Plan was approved by the Province in 1987, UOlT had not been established and Durham College and Trent University were smaller institutions. 9 Given the existing and projected demand for student accommodation within the City, it is now appropriate to provide a policy framework in the Oshawa Official Plan related to student accommodation. 9 Attachment No. 1 is the proposed policy in the form of an amendment to the Oshawa Official Plan. 9 Policies within the proposed amendment address such matters as encouraging a range of on-campus and off-campus accommodation for students in appropriate locations, encouraging a balanced use of the low density housing forms in near campus neighbourhoods and supporting the provision of financial incentives for multiunit residential development, excluding condominiums, in certain areas of the City. 9 There are no financial implications resulting from the adoption of the proposed Official Plan amendment. 5.2 Proposed Oshawa Official Plan Amendment related to Community lmprovement Policies 9 Section 4.0 of the Oshawa Official Plan provides the policy framework for the City related to community improvement matters. Before Council can adopt a Community lmprovement Plan with financial incentives, the Official Plan must be amended to include policies that establish a public interest. 9 The public interest, in this case, is to intensify certain arterial road corridors through the development of vacant and/or underutilized properties near the Durham College and UOlT north campus. 9 Attachment No. 2 is the proposed policy in the form of an amendment to the Oshawa Official Plan. 9 The amendment proposes to establish a new community improvement sub-area, identify the need for development in the sub-area and authorize the use of financial incentives to facilitate the development. 9 The new sub-area "EJ1 is shown on Exhibit "AJ1 in Attachment No. 2. This area includes areas zoned and/or designated to permit the development of apartments and/or block townhouses in the Simcoe Street North corridor between the Oshawa Creek and Conlin Road. It also includes 1399 Simcoe Street North which is currently occupied by Langstaffs used car sales but is zoned to permit apartments.

4 Report to the Development Item: DS Services Committee (Continued) -4- Meeting Date: June 14, The Community Improvement area may be expanded in the future based on Council approval to include other uses and areas (e.g. area around new Trent University campus). 9 There are no financial implications resulting from the adoption of the proposed Official Plan amendment, 5.3 Proposed Amendments to Development Charge By-law No Attachment No. 4 to this report is proposed amendments to Development Charge Bylaw No The proposed amendments to the Development Charge By-law No : Introduce a revision to the definition of a lodging house to exclude dwelling units in apartments and block townhouses; and Establish an area that would be exempt from the payment of City Residential Development Charges only for block townhouses and apartments (including flats), excluding condominiums. The exemption would apply to certain lands zoned and/or designated for the development of apartments and/or block townhouses generally located along Simcoe Street North between a point approximately 300 metres north of Britannia Avenue to the north and the Oshawa Creek to the south. The exemption would also apply to a property municipally known as 1399 Simcoe Street North (see Attachment No. 4). 9 At the direction of City Council, staff retained Watson & Associates Economists Ltd. (Watson) to prepare a Development Charge Background Study required to form the basis for the proposed changes to the Development Charges By-law No The Background Study (dated May 31, 2010) prepared by Watson and the proposed Development Charge by-law amendment were available for public viewing in the City Clerk's Department and this Department beginning May 31, The proposed development charge exemption, if adopted, would serve as an incentive to develop a broader range of housing and more affordable housing consistent with Provincial Policy in the arterial road corridors near the Durham College and UOlT north campus. 9 The exemption is proposed to expire in July 2014 when the current Development Charges By-law expires. Any further extension can be evaluated as part of the next comprehensive Development Charge By-law process. 9 The exemption may be applied to other areas and other uses in the future based on Council approval (e.g. area around new Trent University campus). 9 The potential development charge revenue shortfall over the five year period is estimated by Watson to be in the range of $630,000 to $3.3 million depending on the level of development up to This is equivalent to $126,000 to $660,000 per year.

5 Report to the Development Item: DS Services Committee (Continued) Meeting Date: June 14, The 2010 operating budget anticipates tax revenues of approximately $108 million. The estimated annual foregone development charge revenue is equal to 0.12% to 0.61% of the annual tax levy. 9 The proposed development charge exemption may result in the loss of development charge revenue intended to fund growth related expenditures. These additional expenditures may require funding from the general tax base. The loss in revenue is considered low in relation to the City's overall budget. 5.4 Proposed Community lmprovement Plan 9 Attachment No. 5 to this report is a proposed Community lmprovement Plan. 9 The proposed Community lmprovement Plan establishes the public interest as the development of the sub-area with block townhouses and apartments since it may help to: lncrease the provision of a broader range of housing and more affordable rental accommodation in the University and College area; lncrease assessment and job creation; Reduce Greenfield development through infilling and intensification along arterial road and transit corridors consistent with Provincial Policy; and Use municipal services more effectively. 9 The proposed Community lmprovement Plan includes an Increased Assessment Grant program consistent with a similar program in the Central Business District Renaissance Community lmprovement Plan. 9 At this time, the proposed Community lmprovement Project Area only relates to the portions of the Simcoe Street North corridor that are already zoned or designated for medium or high density residential uses near the Durham College and UOlT north campus. 9 The Community lmprovement Project Area may be amended in the future based on Council approval to add more areas and other uses (e.g. area around new Trent University campus). 9 The program does not require budget financing allocations and will end on December 31, 2015 unless extended by City Council. P There are no direct financial implications resulting from the adoption of the Community lmprovement Plan. The grants are funded from increased (incremental) tax revenues that are only collected if the redevelopment occurs. 9 Council needs to consider the likelihood of development occurring in this area of the City in the absence of this incentive.

6 Report to the Development Item: DS Services Committee (Continued) Meeting Date: June 14, Options 9 At the conclusion of the public meeting, two key options are available to the Development Services Committee: Option 1: Approve the Matters Subject to this Public Meeting 9 At the conclusion of a public meeting, the subject matters are normally referred back to staff for further review and the preparation of a recommendation report. In this case, the subject matters have already been discussed as part of the Student Accommodation Strategy. 9 Accordingly, the Development Services Committee may wish to pass the following motion in the event no significant issues are raised at the public meeting. That the Development Services Committee recommend to City Council: "1. That the proposed Official Plan Amendment forming Attachment No. 1 to Report DS dated June 9, adding policies related to student accommodation be approved and the necessary by-law be passed. 2. That the proposed Official Plan Amendment forming Attachment No. 2 to Report DS dated June 9, 2010 amending certain policies related to community improvement be approved and the necessary by-law be passed. 3. (a) That the scoped City of Oshawa Development Charge Background Study dated May 31, 2010 prepared by Watson and Associates be approved as a revision to Council's Development Charge Background Study dated May 26, 2009 for the purposes of section 10 of the Development Charges Act, (b) That Development Charge By-law No be amended generally as contained in Attachment No. 4 to Report DS dated June 9, and the necessary by-law passed. 4. That the proposed University and College Area Renaissance Community lmprovement Plan which forms Attachment No. 5 to Report DS dated June 9, 2010 be adopted and the necessary by-law be passed subject to the Community lmprovement policies in the Oshawa Official Plan coming into effect." Option 2: Refer the Matters Subject to this Public Meeting to Staff 9 In the event significant issues are raised by the public andlor Development Services Committee at the public meeting, then the subject matters should be referred back to staff for further review and the preparation of a recommendation report. In this case, the following motion should be passed by the Development Services Committee: "That the proposed Official Plan Amendments concerning student accommodation and community improvement, the proposed amendment to the Development 4 >- 1 i -I l

7 Report to the Development Item: DS Services Committee (Continued) Meeting Date: June 14,2010 Charges By-law No and the proposed Community Improvement Plan referenced in Report DS dated June 9, 2010 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." 6.0 FINANCIAL IMPLICATIONS P There are no immediate financial implications arising from this report. P Should development occur during the time of the development charge exemption, the potential lost development charge revenue could suffer a shortfall over the five year period of $630,000 to $3.3 million depending on the level of development experienced up to This is equivalent to $126,000 to $660,000 per year. P The proposed development charge exemption could result in the loss of development charge revenue intended to fund growth related expenditures which may require funding from the general tax base. The loss in revenue is considered low in relation to the City's overall budget. 7.0 RESPONSE TO THE COMMUNITY STRATEGIC PLAN P Holding the subject public meeting advances Goal C (A Caring and Responsive Community) of the City's Community Strategic Plan by improving communication, encouraging citizen engagement and ensuring accountability and effective City management. T--&I Paul Ralph, B.E.S., RPP, Director Plapning Services-,,.---i--ifr~qk ommissioner Development ~ ~rvic~~artment WMIc Attachments

8 DS Attachment No. I Schedule " A to By-law No AMENDMENT NO. - TO THE CITY OF OSHAWA OFFICIAL PLAN PART l PART II PART Ill PART IV INTRODUCTION Purpose Location Basis ACTUAL AMENDMENT IMPLEMENTATION INTERPRETATION Note: Parts 1, Ill and IV do not constitute the legal parts of this Amendment but serve only to provide background information.

9 PART I: INTRODUCTION Purpose The purpose of this Amendment to the Oshawa Official Plan is to introduce new policies related to housing accommodations for students attending post-secondary institutions in Oshawa. Location This amendment applies to all of the City of Oshawa. Basis This Amendment originates from the recommendations of the Student Accommodation Strategy prepared by the City of Oshawa in March 2010 and adopted by the Council of the City of Oshawa on April 27, The Council of The Corporation of the City of Oshawa is satisfied that this Amendment to the Oshawa Official Plan is appropriate. PART 11: ACTUAL AMENDMENT This Amendment to the City of Oshawa Official Plan consists of the following text: (a) Introducing a new Section 6.8 as follows: "6.8 Student Accommodation The City shall encourage a range of housing accommodation appropriate for the needs of the students attending the University of Ontario Institute of Technology, Trent University and Durham College The City shall encourage the University of Ontario Institute of Technology, Trent University and Durham College to develop a student accommodation policy for the development of future on-campus housing to meet the needs of students The City shall encourage an appropriate supply of off-campus student accommodation in appropriate locations including predominantly along arterial road corridors, in a purpose built north student village area and within and around the Central Business District The City shall encourage a balanced use of low density housing forms as single detached and semi-detached dwellings for student accommodation in the near campus neighbourhoods The City shall support, in accordance within Section 4.0 of this Plan, financial incentives for multi-unit residential development, excluding ~Ondominiums, along the arterial road corridors near the main north campus of Durham College and University of Ontario Institute of Technology and Trent University."

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

11 DS Attachment No. 2 Schedule " A to By-law No AMENDMENT NO. - TO THE CITY OF OSHAWA OFFICIAL PLAN PART I PART II PART Ill PART IV INTRODUCTION Purpose Location Basis ACTUAL AMENDMENT IMPLEMENTATION INTERPRETATION Note: Parts 1, Ill and IV do not constitute the legal parts of this Amendment but serve only to provide background information.

12 PART I: INTRODUCTION Purpose The purpose of this Amendment to the Oshawa Official Plan is to introduce new Community Improvement policies relating to residential intensification in arterial road corridors near the main north campus of the University of Ontario Institute of Technology and Durham College. Location This Amendment applies to certain lands along both sides of Simcoe Street North generally between a point approximately 300 metres north of Britannia Avenue to the north and Oshawa Creek to the south. This Amendment also applies to a property municipally known as 1399 Simcoe Street North. Basis This Amendment originates from the recommendations of the Student Accomodation Strategy prepared by the City of Oshawa in March 2010 and adopted by the Council of the City of Oshawa on April 27, The Council of The Corporation of the City of Oshawa is satisfied that this Amendment to the Oshawa Official Plan is appropriate. PART 11: ACTUAL AMENDMENT This Amendment to the City of Oshawa Official Plan consists of the following text and map changes: (a) Amending Section by adding the words "intensify certain arterial road corridors" after the words "rehabilitate contaminated lands" such that Section reads as follows: "4.1.2 The City shall promote the improvement of residential, commercial, industrial, and other areas in order to reduce land use conflicts, improve physically deteriorated structures, rehabilitate contaminated lands, intensify certain arterial road corridors, provide or upgrade parkland, recreational and other community facilities, and to upgrade the municipal infrastructure such as roads and underground services to City standards." (b) Amending Section by adding a subsection (e) as follows: "(el The Simcoe Street North corridor generally between Oshawa Creek and a point approximately 300 metres north of Britannia Avenue plus 1399 Simcoe Street North. Various improvements are required to redevelop vacant and underutilized properties in the corridor in order to provide appropriate residential intensification. Some properties may also require rehabilitation of contaminated land prior to development."

13 (c) Amending Section by deleting the word "and" after the words "Sub-area C" and adding the words "and Sub-area E" after the words "Sub-area D" in the first sentence of Sub-area B such that Sub-area B reads as follows: "Sub-area B This area is comprised of all lands within the Major Urban Area excluding lands included within Sub-area A, Sub-area C, Sub-area D and Sub-area E. Some properties in Subarea B require the rehabilitation of contaminated lands." (d) Amending Section by adding a new Sub-area E as follows: "Sub-area E This area is comprised of 1399 Simcoe Street North and certain lands generally along the Simcoe Street North corridor between the Oshawa Creek and a point approximately 300 metres north of Britannia Avenue. Some of these properties require consolidation prior to development and intensification. Some properties in Sub-area E may also require the rehabilitation of contaminated lands." (e) Amending Section by: (i) Deleting the word "and" at the end of Section 4.4.3(k); (ii) Renumbering the existing Section 4.4.3(1) as Section 4.4.3(m); and (iii) Adding a new Section 4.4.3(1) as follows: "(I) The provision of incentive programs for certain types of residential intensification and residential development at 1399 Simcoe Street North and along lands in the Simcoe Street North corridor generally between the Oshawa Creek and a point approximately 300 metres north of Britannia Avenue; and" (f) Amending Schedule "C-I" Renaissance Community Improvement Area to add thereon Sub-area E to the map and legend, in accordance with the attached Exhibit "A. PART Ill: IMPLEMENTATION The provisions set forth in the City of Oshawa Official Plan, as amended, regarding the implementation of the Plan, shall apply in regard to this Amendment. PART IV: INTERPRETATION The provisions set forth in the City of Oshawa Official Plan, as amended, regarding the interpretation of the Plan, shall apply in regard to this Amendment.

14 Exhibit 'A' 0SUB -AREA " A SUB -AREAUD" 0SUB - AREA " B SUB -AREA "E SUB - AREA "C" C~tyof Oshawa DEVELOPMENT SERVICES DEPARTMENT -* -

15 7qV(Ost1awa By-Law Whereas: 1. The Corporation of the City of Oshawa currently has and will continue to experience growth through development; 2. Development requires the provision of physical infrastructure and other services by the City; 3. The Development Charges Act, 1997, S.O , c. 27 (the "Act") authorizes the Council of a municipality to pass by-laws for the imposition of development charges against land; 4. Council desires to ensure that the capital cost of meeting development related demands for, or the burden on, City services does not place an undue financial burden on the City or its taxpayers and that new development cantributes no more than the net capital cost attributable to providing the historic level of services and meeting the requirements of s. 5(1) of the Act; 5. The City has undertaken a study of, among other matters, the matters set out in s.10 of the Act and s. 8 of O.Reg. 82/98, including services, service levels, expected development, development related facilities and the costs thereoi; 6. At its meeting on April 24, 2009, Council in Committee of the Whlole had before it excerpts from a report entitled City of Oshawa 2009 Development Charge Background Study prepared by C.N. Watson and Associates Ltd. and at that meeting directed that a public meeting pursuant to s. 12 of the Act be held; 7. The report and the proposed development charge by-law were made available to the public at least two weeks prior to the public meeting and Council,gave at least twenty days notice to the public in accordance with s. 10 of O.Reg ; 8. A public meeting pursuant to s. 12 of the Act was held on May 20, 2009, and Council heard and received comments and representations from all persons who applied to be heard; (Attachment No. ~- Now therefore the Council of The Corporation of the City of Oshawa hereby enacts as follows: I. Interpretation 1.1. In this By-law, where words appear with their first letter capitalized, the words are intended to have the meanings set out for them in the lettered paragraphs of this Section: (a) "Accessory" in reference to the use of a building or structure, means that the building or structure is naturally and normally incidental to or subordinate in purpose or both, and exclusively devoted to a principal use, building or "Act" means the Development Charges Act, 1997, S.O. 1997, c. 27; (c) (d) "Agricultural", in reference to use, means land, buildings or structures used, designed or intended to be used solely for an "agricultural operation" as that term is defined in section 1 of the Farmina and Food Production Protection Act, 1998, S.O. 1998, c. 1; "Apartment Dwelling Unit" means any Dwelling Unit which is not a Single Detached Dwelling, a Semi-Detached Dwelling, a Dwelling Unit within a Group Dwelling, either of the two Dwelling Units comprising a Duplex or a Converted - - " * rs I :i I 1

16 Dwelling, a Dwelling Unit in a Back-to-Back Townhouse or a Dwelling Unit in a Stacked Townhouse; (e) "Back-to-Back Townhouse" means each of two Townhouses that shares a common rear wall with the other for at least 50% of its width; ( "Bed and Breakfast Establishment" means a Single Detached Dwelling in which not more than three (3) Bedrooms are made available for the temporary accommodation of travelers, to whom meals may be furnished, but does not include a Hotel or a Lodging House; (g). "Bedroom" means a habitable room used or capable of use for sleeping accommodation, including a den, study or other similar area, but excluding a living room, dining room, kitchen, family room, utility room, recreational room, bathroom, sunroom or porch; (h) "Board of Education" has the same meaning as the term, "board", defined in the Education Act; (i) "Building Code Act" means the Buildinq Code Act, 1992, S.Q. 1992, c. 23; (j) "By-law" means this By-law, including its recitals and schedules and all future amendments including successor By-laws; (k) "City" means The Corporation of the City of Oshawa; (1) "Capital Levy" means a City fee or charge levied or required to be paid prior to November 22, 1991 as a result of development approval, including land division, for arterial and collector roads, recreation and parks facilities and watercourse improvements, but excluding payments collected by the City in consideration of "best efforts" clauses or other agreements to collect and remit monies in partial or full payment for front-ending the payment for the installation of City services or facilities; (m) "Commercial", in reference to use, means land, buildings or structures of any kind whatsoever used, designed or intended to be used for a Non-Residential use other than an Agricultural use or an Industrial use; (n) "Converted Dwelling" means a building originally constructed as a Single Detached Dwelling in which the number of Dwelling Units has been or may be lawfully increased to a maximum of two Dwelling Units, provided one of the Dwelling Units is located wholly or partly above the other on located wholly behind the other, but does not include a Semi-Detached Dwelling or a Duplex; (0) "Correctional Group Home" means a Group Home containing one or more persons who have been placed on probation, released on parole, admitted for correctional purposes, or found to be not criminally responsible for a crime by virtue of mental incapacity; (p) (q) "Crisis Care Residence" means an establishment that provides a means of immediate, temporary accommodation and assistance for a! short-term period, which is generally less than one week for the majority of the residents and includes a hostel; "Development" means: i) any activity or proposed activity in respect of land that requires one or more of the actions referred to in section 2.3 of this By-law; ii) the redevelopment of land; or iii) the redevelopment, expansion, extension or alteration, or gny two or more of them, of a use, building or structure; (r) "Development Charge" means a charge imposed by this By-law; 1 6 '\ :

17 (s) (t) (u) (v) "Duplex" means the whole of a building, which was not originally constructed as a Single Detached Dwelling and which is not a Converted Dwelling, that consists of two Dwelling Units, one of which has at least fifty percenk (50%) of its Gross Floor Area located wholly or partially above the other and dach of which has an independent entrance either directly from the outside or thr~ugh a common vestibule or hallway; "Dwelling Unit" means a room or a series of rooms containing toilet and culinary facilities designed for Residential use as a single housekeiping establishment; "Education Act" means the Education Act, R.S.O. 1990, c. E.2; "Gross Floor Area" means i) for a Residential Development, the total floor area, measured between the outside of exterior walls or between the outside of exterioti walls and the centre line of Party Walls dividing the building from another building, of all floors above the average level of finished ground adjoining the building1 at its exterior walls; and ii) for a Non-Residential Development, the total floor area of ]all floors, whether above or below grade, measured between the outside of exterior walls, or between the outside of exterior walls and the centre line of Party Walls and, without limitation, includes (A) (B) (C) (D) (E) (F) (G) cellars basements corridors lobbies half-storeys mezzanines and areas occupied by interior walls or partitions but does not include (A) (B) (C) (D) (E) (F) (G) elevator shafts stairwells roof areas crawl spaces indoor refuse storage or collection areas mechanical or electrical rooms or areas used for parking or loading, whether in the main building or an Accessory building. (w) "Group Dwelling" means a building or part of a building, containing three or more Dwelling Units attached by vertical walls above grade, eacht having a separate entrance from the exterior including, without limitation, a Townhouse; (x) (y) "Group Home" means a Dwelling Unit housing three (3) to tbn (10) persons, exclusive of staff, who, by reason of their emotional, mental, social or physical condition or legal status require a group living arrangement for their well being, and who live under responsible supervision, with the group home licensed or approved for funding under Provincial statutes; "Hospital" has the same meaning as the term, "hospital", defined in section 1 of the Public Hospitals Act, R.S.O. 1990, c. P.40; (2) "Hotel" means a building or part of a building or group of buildings mainly used for the purpose of catering to the needs of the travelling public by furnishing sleeping accommodation and includes a motel or motor hotel but does not include a Bed and Breakfast Establishment or a Lodging Hause;

18 (aa) "Industrial", in reference to use, means land, buildings or structures of any kind whatsoever or any portion thereof, used, designed or intended to be used for or in connection with, i) manufacturing, producing, processing, storing or distributing something, ii) research or development in connection with manufacturing, producing or processing something, iii) retail sales by a manufacturer, producer or processor of something they manufactured, produced or processed, if the retail sales are at the site where the manufacturing, production or processing takes place, iv) office or administrative purposes, if they are, (A) (B) carried out with respect to manufacturing, producing, processing, storage or distributing of something, and in or attached to the building or structure used for that manufacturing, producing, processing, storage or distribution; (bb) "Local Board" has the same meaning as the term, "local board", defined in the Act; (cc) "Lodging House" means a building or part of a building, containing no fewer than three Lodging Units, which does not appear to function as a Dwelling Unit, although one may be included with the Lodging Units. It indudes, without limitation, a rooming house and a boarding house, a fratern~ity house, a sorority house, a student residence, an apartment hotel and a retirament home. It does not include a Hotel, a Crisis Care Residence, a Group Homle, a Correctional Group Home, a Bed and Breakfast Establishment or a Nursiing Home. (dd) "Lodging Unit" means one or more rooms within a building used or designed to be used for sleeping accommodations, each of which may contain cooking or washroom facilities, but not both. (ee) "Lot" means a parcel of land which is: i) shown as a lot or block on a registered plan of subdivision; or ii) described in a single transferldeed of land of legal effect registered in the Land Registry Office or the Land Titles Office for the Land Registry Division of Durham; (ff) "Medical Clinic" means that part of a building in which no less than sixteen thousand square feet (16,000 ft2) of Gross Floor Area is usdd by physicians, surgeons, dentists, drugless practitioners or any other health care professionals, their staff and their patients, for the purpose of consultation,, diagnosis or treatment of humans and may include medical laboratories or an ancillary pharmacy; (gg) "Non-profit Institution" means i) a "registered charity" as defined in subsection 248(1) of the Income Tax Act, R.S.C. 1985, c. 1 (5thSupp.), as amended; ii) a corporation that is a non-profit organization for the purposes of paragraph 57(1)(b) of the Corporations Tax Act, R.S.O. 1990, c. C.40; or iii) a "religious organization" as defined in subsection 1(1) of the Reliaious Oraanizations' Lands Act, R.S.O. 1990, c. R.23; (hh) "Non-profit Housing" means i) that part of a building used as a housing project operated pursuant to the Social Housina Reform Act. 2000, S.O,2000, c. 27; or I

19 ii) that part of a building used as a housing project owned on leased by a "nonprofit housing co-operative" as defined in the Co-operative Corporations Act, R.S.O. 1990, c. C.35; (ii) (u) "Non-Residential" in reference to use, means land, buildingp or structures of any kind whatsoever used, designed or intended to be used for other than a Residential use. "Nursing Home" has the same meaning as the term, "nursirng home", defined in subsection?(i) of the Nursinn Homes Act, R.S.O. 1990, c. N.7; (kk) "Office" means a building or part of a building in which one ior more persons are employed in the management, direction and conducting of B business, agency, brokerage or a labour or fraternal organization or in which professionally qualified persons and their staff provide services to clients or patients but does not include any part of a building in which goods, wares, merchandise, foodstuffs or farm produce or other substances, articles or things are displayed, stored, or offered for wholesale or retail sale or rental; (11) "Oshawa" means the geographical area under the jurisdiction of the City; (mm) "Owner" means the legal or equitable owner of land; (nn) "Party Wall" means a wall jointly owned and used by two parties under an easement agreement or by right in law and erected at or upon a line separating two parcels of land each of which may be lawfully transferred or conveyed in accordance with the provisions of the Planning Act; (00) "Planning Act" means the Plannina Act, R.S.O. 1990, c. P.1'3; (pp) "Residential" in reference to use, means land, buildings or qtructures of any kind whatsoever or any portion thereof, used, designed or intended to be used for one or more individuals as living accommodations or combined livelwork accommodations; (qq) "Semi-Detached Dwelling" means a Residential building originally constructed so as to consist entirely of two Dwelling Units, attached by verliical walls, each having a separate entrance from the exterior; (rr) (ss) (tt) "Single Detached Dwelling" means a Residential building which is separate and detached from other buildings or structures and which contains only a Dwelling Unit but does not include a mobile home; "Stacked Townhouse" means each of two (2) Townhouses that is attached horizontally to the other Townhouse, two (2) Townhouses high; "Study" means a report entitled "City of Oshawa 2009 Development Charge Background Study" prepared by C.N. Watson and Associates Ltd. dated May 5, 2009; (uu) "Temporary" in reference to use, means land, buildings or structures of any kind whatsoever or any portion thereof, used, designed or intended to be used for a period not exceeding three (3) years; and (w) "Townhouse" means a building divided vertically into at least three Dwelling Units, attached by common walls at least six metres (6.0m) in length and at least one storey in height, in addition to any basement, with eachmdwelling Unit having a separate entrance from the outside The captions, article and sections names and numbers appearing in this By-law are for convenience of reference only and have no effect on its interpretation. This Bylaw is to be read with all changes of gender and number required by the context. 1.: 1 - I %,+ &f'

20 1.3. If any section, subsection, paragraph, clause, subclause, item,or any of the words contained in this By-law are held wholly or partially illegal, invalid or unenforceable by any court or tribunal of competent jurisdiction, the remainder of this By-law shall not be affected by the judicial holding, but shall remain in full force and effect. 2. Application 2.1. This By-law applies to all land within Oshawa unless specifically exempted by this By-law or by statute or regulation All Development in Oshawa, unless expressly excluded or exempted in this By-law, is deemed to increase the need for the services set out in Schedule " A to this Bylaw Subject to the provisions of this By-law, Development Chargea shall be imposed against all Development which requires any of the following: (a) the passing of a zoning by-law, or an amendment to a zoning by-law under section 34 of the Planning Act; (b) the approval of a minor variance under section 45 of the Planning Act which involves a change in use, intensification of use or expansion of use; (c) a conveyance of land to which a by-law passed under subsection 50(7) of the Planning Act applies; (d) the approval of a plan of subdivision under section 51 of the Planning Act; (e) (f) a consent under section 53 of the Planning Act; the approval of a description under section 9 of the Condominium Act, 1998, S.O. 1998, c. 19; or (g) the issuing of a permit under the Building Code Ad in relatian to a building or structure No Development Charge shall be imposed where the only effect of an action mentioned in section 2.3 of this By-law is to permit the (a) enlargement of an existing Dwelling Unit; (b) creation or enlargement of an Accessory building for a lawful Residential use; (c) creation of one or two additional Dwelling Units within an existing Single Detached Dwelling; or (d) the creation of one additional Dwelling Unit in any other existing Residential building where the total Gross Floor Area of the additional Dwelling Unit is equal to or less than the Gross Floor Area of the smallest Dwelling Unit contained within the Residential building No Development Charge shall be imposed with respect to any Development: (a) on lands designated under federal law as land reserved for the exclusive use of native people; (b) by, on behalf of, or on lands owned by and used for the purposes of a municipality, a Local Board or a Board of Education; (c) on lands wholly within that part of Oshawa known as the Central Business District Renaissance Community Improvement Area and as depicted in Schedule "D" to this By-law; 4 " I [I '3

21 (d) on that part of lands used solely for the purposes of i) a Non-Profit Institution; ii) a Hospital; iii) a Medical Clinic; iv) Non-Profit Housing or v) a Nursing Home (e) (f) (g) respecting a new Industrial building or the enlargement of an existing Industrial building; respecting a new Commercial building or structure comprisimg a Gross Floor Area not exceeding 2,500 square feet; respecting the enlargement of the Gross Floor Area of an existing Commercial building or structure where the Gross Floor Area of the enlargement does not exceed 2,500 square feet; (h) respecting a Temporary building or structure; or, (i) respecting an Agricultural building or structure Where the Gross Floor Area of a new Office or the Gross Floor Area of the enlargement of an existing Office exceeds twenty-five thousand square feet (25,000 ft2),the Development Charge shall be reduced to 25% of the Development Charge otherwise payable No more than one Development Charge for each service designated in Schedule "A" to this By-law shall be imposed upon any lands, buildings or structures to which this By-law applies even though two or more of the actions described in section 2.3 of this By-law are required before the lands, buildings or structures can be developed for a single Development. However, nothing in this section 2.7bprevents the imposition of a Development Charge in respect of subsequent Development This By-law does not limit the City's ability to require, as a condition or in an agreement pursuant to sections 51 or 53 of the Planning Act, local services related to a plan of subdivision or within the area to which the plan relates, to be installed or paid for by the Owner, or local services to be installed or paid for by the Owner as a condition of approval under section 53 of the Planning Act. 3. Rules for Calculation and Collection of Development Charges 3.1 The Development Charges set out in Schedule "B" to this By-law shall be imposed on Residential uses of lands, buildings or structures, including Residential uses Accessory to a Non-Residential use and, in the case of a mixed use building or structure, according to the type of Residential use, and calculated with respect to each of the services according to the type of Residential use The Development Charges Set out in Schedule "B" to this By-law shall be imposed on Non-Residential uses of lands, buildings or structures and, in the case of a mixed used building or structure, on the Non-Residential uses in the mixed use building or structure, calculated with respect to each of the services according to the Gross Floor Area of the Non-Residential use Schedule "C" to this By-law prescribes the rules for determining whether a Development Charge is payable in any particular case and for determining the amount of the Development Charge Development Charges shall be adjusted semi-annually on January 1 and July I each year, commencing the is' day of January, 2010, by the Statistics Canada Quarterly "Capital Expenditure Price Statistics (cat )," published each year or as otherwise prescribed by regulation pursuant to the Act.

22 3.5. Development Charges shall be payable by cash or by certified'cheque in Canadian funds If a Development does not require a building permit pursuant to the Building Code Act but does require one or more of the other actions described in section 2.3 of this By-law, then the Development Charge will nonetheless be payeble in respect of such Development. 4. Credits and Prepayments 4.1. Notwithstanding any other provision of this By-law,'where a Development involves (a) the demolition of buildings or structures pursuant to a demolition permit issued pursuant to the Building Code Act within the one hundred twenty (120) month period preceding the issuance of a building permit pursuantlto the Building Code Act respecting the Development, or (b) the conversion of a building or structure from one principal use to another principal use on the same land the Development Charges otherwise payable with respect to such Development shall be reduced by the following amounts: (c) in the case of a Residential building or structure, or the Residential uses in a mixed-use building or structure, an amount calculated by multiplying the applicable Development Charges set out in Schedule " B to,this By-law by the number representing the type of Dwelling Units that have been or will be demolished or converted to another principal use; and (d) in the case of a Non-Residential building or structure, or the Non-Residential uses in a mixed-use building or structure, an amount calculated by multiplying the applicable Development Charges set out in Schedule "B" to 'this By-law by the Gross Floor Area that has been or will be demolished or converted to another principal use; provided that such amounts shall not exceed, in total, the amount of the Development Charges otherwise payable with respect to such Development Notwithstanding section 3.4 of this By-law, where, in respect of a Development, (a) all requirements for the issuance of a building permit under subsection 8(2) of the Building Code Act have been satisfied before the date of aniadjustment of Development Charges pursuant to section 3.4 of this By-lavu; and (b) an amount equal to the Development Charges in effect as at the date of payment has been paid before the date of the particular adjustment d Development Charges contemplated by paragraph (a) of this section 4.2 the applicable Development Charge is the amount contemplated by paragraph (b) of this section Notwithstanding sections 4.2 and 6.2 of this By-law, where, in nespect of a Development, (a) all requirements for the issuance of a building permit under subsection 8(2) of the Building Code Act have been satisfied before July 1, 2009; and (b) an amount equal to the development charges in effect as at June 30, 2009 pursuant to the City's By-law has been paid by or before July 1,2009 the applicable Development Charge is the amount contemplated by paragraph (b) of this section 4.3.

23 4.4. Where a Capital Levy was paid to the City in respect of a development approval on a Lot and a Development Charge is payable under this By-law as a result of Development that occurs or that will occur on that same Lot, a credit will be provided against the Development Charge to the current Owner of that Lot upon that Owner making a written request to the City's Chief Building Offtcial. The amount of the credit shall be limited to the amount of the Capital Levy paid for services that are being funded under this By-law, provided that no credit shall be available under this section 4.4 where a credit for payment of a Capital Levy was previously provided to any person in respect of any Development on that same Lot, ikhether heretofore or hereafter occurring. This credit shall not operate to reduce a Development Charge to less than zero. For the purpose of calculating a credit contdmplated by this section 4.4, no credit shall be given for any interest on or indexing of the Capital Levy paid. 5. Front Ending Agreements 5.1. The City may enter into front-ending agreements with Ownersiin accordance with the provisions of the Act. 6. Miscellaneous 6.1. All complaints pursuant to section 20 of the Act or section 257~85of the Education Act shall be heard by City Council sitting in Committee-of-the-Whole. The City Council shall conduct hearings in accordance with the provisians of the Statutorv Powers Procedure Act, R.S.O. 1990, c. S.22 and other applicable law On the date that this By-law comes into force, by-laws and shall be repealed This By-law shall come into force and take effect on July 1, This By-law may be cited as the "Development Charge By-law". By-law passed this first day of June, 2009.

24 10 Schedule "A" to By-law of The Corporation of the City of Oshawa Desinnated Municipal Services The following are the designated municipal services, for each of which the City maintains a reservefund: 1. Administration (Development Related Studies) 2. Fire Protection 3. Transportation 4. Operations 5. Watercourse Improvements 6. Parks and Recreation 7. Trails 8. Libraries

25 Schedule " B to By-law of The Corporation of the City of Oshawa

26 Schedule "C" to By-law of The Corporation of the City of Oshawa Rules for Application of the Development Charges By-law 1. Where a Development is proposed which requires any of the aclions set out in section 2.3 of this By-law, the rules in this Schedule shall be applied to determine the application of this By-law. These rules apply to all Development. 2. The Development must be reviewed to determine whether it is exempt in whole or in part pursuant to one or more provisions of this By-law. 3. The Development must be reviewed to determine whether it quallifies for the phasing of Development Charges in accordance with sections 4.2 or 4.3 ~f this By-law. 4. Subject to rule 3, the figures in Schedule "B" must be examined to determine the effect of any indexing which has occurred pursuant to section 3.4 of this By-law. The figures to apply must reflect any such indexing. 5. The figures in Schedule " B do not need to be adjusted in accordance with paragraph 5(1)6 of the Act because the Study has taken those considerations into account in determining the figures in Schedules "B" and "C". 6. The Development must be classified as Residential, Non-Residdntial or mixed-use Development. 7. For Residential Development, the total number and type of Dwelling Units set out in Schedule "B" must be determined. The rates as shown in Schedule "B" (adjusted, if applicable, in accordance with rules 3 or 4) are then applied to the number of Dwelling Units contemplated by the Development to determine the total amount of Residential Development Charges payable. 8. For Non-Residential Development, the Gross Floor Area of the development must be determined. The rates as shown in Schedule "B" (adjusted, if applicable, in accordance with rules 3 or 4) are then applied to the Gross Flooq Area contemplated by the Development to determine the total amount of Non-Residbntial Development Charges payable.. 9. For mixed Residential and Non-Residential Development, Devel~pment Charges are determined by applying each of rules 7 and 8 to each part of the Pevelopment comprising, respectively, Residential Development and Non-Residential Development. 10. The Development must be examined to determine whether any aredits contemplated by artide 4 of this By-law. If so, such credits are applied against Ithe total Development Charges payable pursuant to rules 7, 8 or 9, as apblicable. 11. Subject to the provisions of the Act, the City may enter into an agreement to permit an Owner to perform work that relates to a service to which this By-law relates. In such circumstances, the City shall give the Owner a credit toward the Ulevelopment Charge subject to the provisions of the Act. 12. A Development Charge shall be paid on or before the date that a! building permit is issued pursuant to the Building Code Act in relation to a building or structure on land to which a Development Charge applies. No building permit shall be issued until the Development Charge is paid. Where the Development Charge iq payable pursuant to section 3.6 of this By-law, the Development Charge must be paid: prior to the completion of the applicable action or actions referenced in sectiqn 2.3 of this By-law. For this purpose, the date of completion of the approvals contemplated by paragraphs 2.3(d) and 2.3(f) of this By-law shall be the date on which all agrwments imposed as a condition to an approval pursuant to subsection 51(26) of the Planning Act have been duly executed by all parties t~puch agreements '. 1 ; ; - -

27 13. If any or all of a Development Charge remains unpaid after it has become payable, the amount unpaid shall be added to the tax roll for the land which was the subject of the Development and shall be collected in the same manner as taxes. 14. The City's Treasurer shall collect all Development Charges imposed by this By-law when those Development Charges are due and payable, together with all development charges payable upon the issuance of a building pprmit imposed in accordance with any development charge by-law passed by the /Regional Municipality of Durham and by any Board of Education. 15. Where a complaint results in a refund, the City's Treasurer shallicalculate the amount of any overpayment to be refunded to any Owner who made the! payment, and the refund shall be paid with interest to be calculated form the date on which the overpayment was collected to the date on which the refund is paid. 16. The interest rate to be used for any refund shall be the Bank of Canada rate in effect on the later of the date that this By-law comes into force, or the date of the most recent quarterly adjustment as set out in rule For the purpose of determining the quarterly adjustments contemplated by rule 16, the Bank of Canada interest rate in effect on the date that this By-law comes into force shall be adjusted on the first day of January, 2010 to the rate established by the Bank of Canada on that date, and shall be adjusted quarter-yearly thereafter on the first business day of each of April, July, October and January, to the rate established by the Bank of Canada on the day of the adjustment.

28 Schedule 'D' to By-Law the Corporation of the City of Oshawa Passed this 1st day of June Central Business District ~enaissarke Community Improvement Area

29 By-law of The Corporation of the City of Oshawa Being a by-law to amend By-law WHEREAS: 1. By-law is a by-law providing for the imposition of development charges against land. 2. The Development Charges Act, 1997, S.O. 1997, c. 27 (the "Act") authorizes the Council of a municipality to amend its development charges by-law. 3. The City, as part of its implementation of the Student Accommodation Strategy approved by Council, has given consideration to the impact of exempting Lodging Houses, block townhouses and Apartment Dwelling Units located in certain geographic areas of the City from the payment of development charges (the "Background Study"). 4. On April 27, 2010, council authorized the Development Services Department to initiate amendments to the Development Charge By-law At its meeting on May 17, 2010, Council delegated to the Development Services Committee the authority to hold the public meeting pursuant to the Municipal Act, 2001, S.O. 2001, c. 25, as amended. 6. The Background Study and the proposed amendments to the Development Charge By-law were made available to the public at least two weeks prior to the public meeting and the City gave at least twenty days notice to the public in accordance with section 10 of 0. Reg. 82/98, as amended.

30 2 7. A public meeting pursuant to section of the Act was held on June 14, 2010, and the Development Services Committee heard and received comments and representations from all persons who applied to be heard. NOW THEREFORE the Council of The Corporation of Oshawa enacts as follows: 1. By-law is amended by deleting in paragraph 1.l(cc) all words after "a Bed and Breakfast Establishment" and adding the following: ", a Nursing Home, an Apartment Dwelling Unit or a Group Dwelling (except a Group Dwelling that is a Street Townhouse Building)." 2. By-law is further amended by adding the following as paragraph 1.l(ss.l): "Street Townhouse Building" means a Townhouse for which each Dwelling Unit within the Townhouse abuts and has its own driveway access to an improved street. 3. By-law is further amended by deleting in paragraph 2.5(h) the last word "or". 4. By-law is further amended by deleting in paragraph 2.5(i) the period after the word "structure" and substituting "; or". 5. By-law is further amended by adding the following as paragraph 2.5(j): "respecting an Apartment Dwelling Unit other than an Apartment Dwelling Unit approved under section 9 of the Condominium Act, 1998, S.O. 1998, c. 19 on lands within that part of Oshawa shown as the shaded portion on the map in Schedule "E" to this By-law;'' 6. By-law is further amended by adding the following as paragraph 2.5(k): "respecting a Group Dwelling other than

31 3 i) a Group Dwelling approved under section 9 of the Condominium Act, 1998, S.O. 1998, c. 19; and ii) a Street Townhouse Building on lands within that part of Oshawa shown as the shaded portion on the map in Schedule "Ento this By-law. 7. By-law is further amended by adding the Schedule attached hereto to By-law as Schedule "E". 8. This By-law is in effect on the date of its passing and subject to the provisions of the Development Charges Act, 1997, S.O. 1997, c. 27. ENACTED AND PASSED this -day of, J. Gray, Mayor S. Kranc, City Clerk

32

33 CITY OF OSHAWA UNIVERSITY AND COLLEGE AREA RENAISSANCE COMMUNITY IMPROVEMENT PLAN CONSISTS OF THE FOLLOWING: PART A - The Preamble which does not constitute part of the actual Community lmprovement Plan but is Lz?II included for reference. Attachment No. 5: PART B - The actual City of Oshawa University and College Area Renaissance Community lmprovement Plan consisting of text and Exhibit No. 1 which identify the lands to which the Community lmprovement Plan applies. PART C - Appendix No. 1 is the notice of the statutory public meeting and does not constitute part of the actual Community lmprovement Plan but is included for reference. 1 '3 Page 1

34 TABLE OF CONTENTS I.O INTRODUCTION I Community lmprovement in Oshawa City of Oshawa University and College Area Renaissance Community lmprovement Project Area Boundary Community lmprovement Plan Preparation BACKGROUND INFORMATION Oshawa Official Plan, Samac Secondary Plan and Windfields Part II Plan Land Use Designations Community lmprovement Policies in the Oshawa Official Plan Zoning By-law No COMMUNITY IMPROVEMENT PLAN BUDGET Funding Sources COMMUNITY IMPROVEMENT PLAN...II 4.1 City of Oshawa University and College Area Renaissance Community lmprovement Goals... II 4.2 City of Oshawa University and College Area Renaissance Community lmprovement Increased Assessment Grant II 4.3 Duration Monitoring Cancellation... is 5.0 IMPLEMENTATION INTERPRETATION NOTE: Sections 4.0, 5.0 and 6.0 and Exhibit No. I constitute the City of Oshawa University and College Area Renaissance Community lmprovement Plan as adopted by By-law No pursuant to Section 28 (4) of the Planning Act, R. S , c. P. 13. Other sections of this document are provided for information purposes only. -7 -) Page 2

35 PART A - PREAMBLE 1:) Page 3

36 Part A Preamble 1.0 INTRODUCTION I. Community Improvement in Oshawa The City of Oshawa has a rich and successful history of using Community lmprovement programs to improve certain areas of the City. The programs range from incentives to improve the City's Central Business District to incentives to promote the remediation and redevelopment of brownfield sites. 1.2 City of Oshawa University and College Area Renaissance Community Improvement Project Area Boundary The boundaries of the City of Oshawa University and College Area Renaissance Community lmprovement Project Area are shown on Exhibit No. 1. The area contains a mix of land uses such as commercial uses, single detached dwellings and vacant land. The majority of the corridor is occupied by underutilized properties or vacant land which are appropriate for redevelopment and intensification. 1.3 Community Improvement Plan Preparation The City of Oshawa University and College Area Renaissance Community lmprovement Plan as contained in Sections 4.0, 5.0 and 6.0 of this document has been prepared in accordance with the provisions of the Planning Act, R.S.O. 1990, c. P. 13. The process included a number of measures to enable public input. Stakeholder input was obtained from various representatives on the Student Housing Task Force including representatives from local neighbourhood associations, the University of Ontario Institute of Technology, Durham College, Trent University, the Durham Home Builders Association, developers of student purpose built housing, local development interests, the Student Association and the North Oshawa Landowners Association and a number of property owners. This proposal was approved by City Council under the Student Accommodation Strategy on April 27, 2010 after receiving public input. The process also included a statutory public meeting in accordance with Section 17 of the Planning Act, R.S.O. 1990, c. P.13. The statutory public meeting was advertised in local newspapers and on City's website. The statutory public meeting was held on June 14, 2010, to explain the program and receive feedback. A copy of the statutory public meeting notice forms Appendix No Page 4

37 Exhibit No. I Page 5

38 BACKGROUND INFORMATION It should be noted that Sections 2.1, 2.2 and 2.3 are intended to provide a general overview of the planning framework. For specific information regarding the Oshawa Official Plan, the Samac Secondary Plan, the Windfields Part ll Plan and Zoning By-law No , the actual documents should be consulted. 2.1 Oshawa Official Plan, Samac Secondary Plan and Windfields Part I1 Plan Land Use Designations The City of Oshawa University and College Area Renaissance Community lmprovement Project Area is located within the Major Urban Area of the City of Oshawa. The Oshawa Official Plan Land Use designations for the City of Oshawa University and College Area Renaissance Community lmprovement Project Area are shown on Exhibit No. 2. Section 1.6 of the Samac Secondary Plan states that it is intended that the Simcoe Street North corridor be intensified with a mix of residential and commercial uses to create a pedestrian oriented main street area. The Windfields Part II Plan also contains policy language that directs intensification to the Simcoe Street North corridor. In particular Section and read as follows: " Simcoe Street North will ultimately function as the main northlsouth street linking the Windfields Main Central Area and the University of Ontario Institute of Technology campus. Simcoe Street is identified as a Regional Transit Spine in the Durham Region Official Plan and, as such, forms a major transit corridor for the Planning Area, providing linkages to the north and south. It is intended that Simcoe Street North and adjacent lands be developed to integrate local and through traffic and transit, as well as pedestrians and cyclists, and to maintain a functional and liveable streetscape. Development along Simcoe Street North in the Planning Area shall incorporate a high quality of urban design and shall be transit supportive The community shall provide a range of housing types and densities. Medium and high density residential land uses have generally been oriented to significant locations whether these be in the Main Central Area or along Simcoe Street North or other arterial or collector roads to encourage a pattern of transit supportive land uses." 2.2 Community Improvement Policies in the Oshawa Official Plan Schedule "C-I" Renaissance Community lmprovement Area of the Oshawa Official Plan delineates five Sub-areas: Sub-area A, Sub-area B, Sub-area C, Sub-area D and Sub-area E. Section 4.0, Community lmprovement of the Oshawa Official Plan, contains a number of policies pertaining to community improvement. Section 4 of the Oshawa Official Plan identifies the need for the development of multiresidential units within Sub-area E. An increase in the number of multi-residential units is required to intensify the area. A program to address this issue is described in Section 4.0 of this Community Improvement Plan. 1 F) -7 i 13 Page 6

39 As a prerequisite for the adoption of a Community lmprovement Plan, Council has designated the City of Oshawa University and College Area Renaissance Community lmprovement Project Area as a Community lmprovement Project Area by by-law pursuant to Section 28 (2) of the Planning Act. 2.3 Zoning By-law No There are numerous zone categories contained within the City of Oshawa University and College Area Renaissance Community lmprovement Project Area and owing to their number, they have not been listed within this Plan. This Community lmprovement Plan affects properties that are either zoned andlor designated for residential intensification in the form of either apartments, flats or block townhouses. Page 7

40

41 3.0 COMMUNITY IMPROVEMENT PLAN BUDGET 3.1 Funding Sources The grant program described in this Plan is funded solely by the City of Oshawa. Page 9

42 PART B - THE CITY OF OSHAWA UNIVERSITY AND COLLEGE AREA RENAISSANCE COMMUNITY IMPROVEMENT PLAN Page 10

43 COMMUNITY IMPROVEMENT PLAN The City of Oshawa University and College Area Renaissance Community lmprovement Plan consists of the following: 4.1 City of Oshawa University and College Area RenaissanceCommunity Improvement Goals The City of Oshawa University and College Area Renaissance Community lmprovement Plan was prepared on the basis that the development and redevelopment of multi-residential units in the form of apartments, flats and block townhouses (excluding condominiums) in this area of the City is in the public interest since the development and redevelopment will help to: lncrease the provision of a broader range of and more affordable rental accommodation in the University and College area; lncrease assessment and job creation; Reduce greenfield development through infilling and intensification along arterial road and transit corridors consistent with Provincial Policy; and Use municipal services more effectively. It is difficult for municipalities to encourage the redevelopment of corridors through planning instruments only. Accordingly, the City of Oshawa University and College Area Renaissance Community lmprovement Plan has been prepared as another tool to be used to advance redevelopment in this area. 4.2 City of Oshawa University and College Area RenaissanceCommunity Improvement Increased Assessment Grant University and College Area Increased Assessment Grant Program Requirements This grant is intended to provide economic incentive for the redevelopment of properties in the City of Oshawa's University and College Area by providing a grant to pay a portion of the City taxes attributable to the increased assessment over a 10 year period. Although it is not structured as a tax rebate program, the effect is to phase in tax increases relating to reassessments resulting from property improvements. Area of ADDlication The lncreased Assessment Grant Program is available to all registered property owners within the University and College Area for the City of Oshawa as shown on Exhibit No. I. Eliaibilitv for Grant The applicants for an lncreased Assessment Grant must be the registered owner(s) of the property and must undertake improvements to their buildings andlor property, which shall be of sufficient size and cost to result in a re-assessment of the property. City staff will conduct a title search of the property and review property tax records. Property owners who are in arrears of property taxes are not eligible to receive the lncreased Assessment Grant. Page 11

44 The provision of any lncreased Assessment Grant will be administered on a first come first served basis to the limit of available funding in accordance with any administrative rules governing this and other grant or loan programs. General Terms of Grant Proqram The lncreased Assessment Grant only applies to the construction/creation of new rental apartments, flats or block townhouses (excluding condominiums). Any lncreased Assessment Grant will be provided in accordance with a grant schedule to the registered owner of the property on an annual basis. Any lncreased Assessment Grant will be provided following the payment of all property tax installments for the year. Any lncreased Assessment Grant represents a percentage of increased taxes payable resulting from the improvements. Owing to this, the total value of the work completed and the amount of the municipal portion of the taxes paid prior to, and after redevelopmentwould have to be known. All property taxes owing for each year must be fully paid for the entire year prior to the provision of any annual grant amount under this program. If a property tax installment is missed or payment is late, the City will have the option, without notice and at its own discretion, to terminate all future grant payments. Notwithstanding any administrative rules governing this and other grant programs, the City will not pay an annual grant which exceeds the City portion of the property tax collected in any year on the increased assessed value. If a general reassessment subsequently reduces the annual property taxes owing for a property, the annual grant amount will be provided in accordance with the schedule but will not exceed the amount of the City portion of the taxes collected on the increased assessed value. Tax increases resulting from general re-assessments, changes in tax legislation or increases in the mill rate are not eligible to be considered for the purposes of calculating the grant. If the ownership of the property changes, in whole or in part, before the grant period lapses, the subsequent owner is not entitled to future grant payments. The amount of the grants over the life of the program shall not exceed the value of the work completed as indicated on the building permit application. Applications for the University and College Area lncreased Assessment Grant Program must be submitted and approved before a building permit is issued. The applicant may be required to submit a Business Plan to the satisfaction of the City. All participating owners are required to enter into an agreement with the City to specify the terms of the grants as determined by this Plan and City Council to the satisfaction of the City. Page 12

45 All grants under the University and College Area lncreased Assessment Grant Program must be approved by Oshawa City Council. Buildings or dwelling units that are constructed or created under the University and College Area lncreased Assessment Grant Program and subsequently demolished or eliminated before the grant period expires shall not receive the remainder of the grants. Outstanding work orders issued by a Department of the City of Oshawa must be satisfactorily addressed before a grant is approved. Grant period Grants will be paid over a ten year period with Year 1 of the program defined as follows: Year 1 is the first full calendar year in which taxes are paid after the project has been completed and re-assessed. For example, if an eligible building is completed and reassessed effective May 1, 201 1, Year 1 of the grant schedule would be The first annual grant would be provided at the end of 2012 based upon 12 months (i.e. January to December). Other Pronrams Provided all eligibility criteria and conditions are met for this program, participation in the lncreased Assessment Grant Program does not preclude the owner from being eligible for other grant and loan programs offered under the City's other Community Improvement Plans. Work Already Commenced The lncreased Assessment Grant Program will not be retroactively applied to developments where building permits were issued prior to the commencement of the program. Procedures 1. Grant Application Submitted Prior to Issuance of a Building Permit The applicant is required to submit a completed lncreased Assessment Grant application form to the City for approval prior to commencing construction. 2. Council Approval All applications must be approved by City Council. 3. Current Assessment Determined City staff will record the current assessment of the property and determine the amount of the City taxes payable. The applicant will be provided a copy by correspondence for hislher records. 4. lncreased Assessment Value Determined The applicant shall ensure that a post improvement assessment of the property is undertaken. Using the post renovation assessment, City staff shall determine the difference between the amount of City taxes prior to the creationlconstruction of the dwelling units and the amount of City taxes to be paid after the creationlconstruction of the dwelling units. The 1?? Page 13

46 difference is known as the "increased assessment value" and shall be the portion eligible for a partial grant under this program. Subsequent increases in assessed value or increases to the mill rate are not eligible to be used to determine the amount of the grant. 5. Provision of Grant Following the completion of the work, final building inspection by Building Inspection and Permits Services of the Development Services Department and the payment of all property tax installments for that year, the lncreased Assessment Grant will be provided for approved projects on a declining basis over a 10 year period in accordance with the following chart. 6. Agreement with City The applicant will be required to enter into an agreement with the City to address matters such as but not limited to an approved accessibility plan, architectural control, the use of local trades where possible, compliance with City's by-laws, minimum densities and performance timelines. 4.3 Duration University and College Area Increased Assessment Grant Program The University and College Area lncreased Assessment Grant Program will commence on the approval of the City of Oshawa University and College Area Renaissance Community lmprovement Plan and will run until December 31, The University and College Area lncreased Assessment Grant Program will not be applied retroactively. Grant applications will not be accepted after December 31, Applications received before December 31, and that may be approved will continue to be honoured. 4.4 Monitoring Council will conduct periodic reviews of the City of Oshawa University and College Area Renaissance Community lmprovement Plan to determine its effectiveness. Page 14

47 4.5 Cancellation The City of Oshawa may discontinue the University and College Area Increased Assessment Grant Program at any time without an amendment to this Plan. Grants that were approved before the cancellation of any program in this Community Improvement Plan will continue to be honoured. Page 15

48 5.0 IMPLEMENTATION The City of Oshawa University and College Area Renaissance Community Improvement Plan will be implemented through the provisions of Section 4 of the Oshawa Official Plan and Section 28 of the Planning Act, R.S.O. 1990, c. P Page 16

49 6.0 "INTERPRETATION Sections 4.0, 5.0 and 6.0 of this document, along with Exhibit No. I, shall form the actual City of Oshawa University and College Area Renaissance Community lmprovement Plan for the City of Oshawa University and College Area Community lmprovement Area. Sections 1.O, 2.0 and 3.0, and Appendix No. 1 do not constitute part of the actual City of Oshawa University and College Area Community lmprovement Plan. Changes to the City of Oshawa University and College Area Renaissance Community lmprovement Area boundary and the deletion or addition of other programs shall require an amendment to this Plan. Changes to the policy numbering, cross referencing of policy sections and/or minor editorial changes may be permitted without an amendment to this Plan. This Plan has been prepared in accordance with and conforms to the City of Oshawa Official Plan. This Plan shall be referred to as the City of Oshawa University and College Area Renaissance Community lmprovement Plan. At such time as other Community lmprovement Plans are prepared for this or other areas, this title may be modified for clarification purposes without requiring an amendment to this Plan. Page 17

50 Exhibit No. 1

51 PART C - APPENDIX NO. I Page 19

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