Economic and Development Services Committee (1:30 p.m.) and
Planning Act Public (6:30 p.m.) Meeting Agenda

Monday, May 06, 2024 at 1:30 P.m. - 2:30 P.m.

Council Chamber

Members of the Committee:

Councillor Marimpietri, Chair

Councillor Chapman, Vice-Chair

Councillor Giberson

Councillor Gray

Councillor Kerr

Mayor Carter, Ex Officio

 

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To learn more about the Consent Agenda process, please visit www.oshawa.ca/ConsentAgenda

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Public Meeting

Land Acknowledgement

The City of Oshawa is situated on lands within the traditional and treaty territory of the Michi Saagiig and Chippewa Anishinaabeg and the signatories of the Williams Treaties, which include the Mississaugas of Scugog Island, Curve Lake, Hiawatha and Alderville First Nations, and the Chippewas of Georgina Island, Rama and Beausoleil First Nations.

We are grateful for the Anishinaabeg who have cared for the land and waters within this territory since time immemorial.

We recognize that Oshawa is steeped in rich Indigenous history and is now present day home to many First Nations, Inuit and Métis people. We express gratitude for this diverse group of Indigenous Peoples who continue to care for the land and shape and strengthen our community.

As a municipality, we are committed to understanding the truth of our shared history, acknowledging our role in addressing the negative impacts that colonization continues to have on Indigenous Peoples, developing reciprocal relationships, and taking meaningful action toward reconciliation.

We are all Treaty people.

Additional Agenda Items

(As may be presented at the meeting)

Declarations of Pecuniary Interest

(As may be presented by Council Members)

Presentations

None

Delegations

None

Referrals from Council

None

Reports from Advisory Committees

ED-24-59 - Presentation Request - BUILT Form within the Integrated Major Transit Station Area (Previously OAAC-24-21) (Ward 5)

• Recommendation

  That the Oshawa Accessibility Advisory Committee recommends to the Economic and Development Services Committee:

  That a presentation on the built form proposals in the Major Transit Station Area in terms of model accessibility be brought to the next Oshawa Accessibility Advisory Committee meeting.

Items Requiring Direction

ED-24-52 - Update concerning an Application under Section 32 of the Ontario Heritage Act to Repeal Part of By-Law 148-2011 for the Property Municipally Known as 452 Simcoe Street North (Ward 4)

• Recommendation

  That the Economic and Development Services Committee recommend to City Council:

  That, pursuant to Report ED-24-52 dated May 1, 2024, the Economic and Development Services Committee select an appropriate option under Section 5.8 of said Report, concerning the request made by the owner of the property municipally known as 452 Simcoe Street North to repeal part of By-law 148-2011 pursuant to the process under Section 32 of the Ontario Heritage Act, for the purpose of removing one of the heritage attributes associated with said property as listed in By-law 148-2011.

ED-24-60 - Francis and Marea Taylor submitting correspondence concerning a request for an exemption to the CIP requirements for 82-84 Simcoe Street South (Ward 4) 

Confidential Attachment Closed Pursuant to Section 239 (2)(i) of the Municipal Act

(See Pages C1 to C10)

Public Consent Agenda

• Recommendation

  That all items listed under Public Consent Agenda for the Economic and Development Services Committee meeting of May 6, 2024 be adopted as recommended except 

Correspondence with recommendations

None

Staff Reports/Motions with recommendations

ED-24-53 - Application Under the City’s Brownfields Renaissance Community Improvement Plan for Two (2) Brownfield Study Grants, 299 Dean Avenue, B.G.S. STOUFFVILLE LTD. (Ward 5)

• Recommendation

  That the Economic and Development Services Committee recommend to City Council: 

  Whereas, B.G.S. STOUFFVILLE LTD. has submitted an application for two (2) Brownfields Study Grants under the City’s Brownfields Renaissance Community Improvement Plan, which consist of the following:

  •  A grant in the amount of $10,000 in order to undertake a supplementary Phase Two Environmental Site Assessment (“E.S.A.”) for soil and groundwater sampling at 299 Dean Avenue; and,
  • A grant in the amount of $10,000 in order to undertake a supplementary Phase Three E.S.A. for remedial work plans and risk assessments at 299 Dean Avenue; and,

  Whereas, the intent of the Brownfields Study Grant is that the grant is based on 50% of the actual cost of the eligible studies (e.g. Phase Two E.S.A.) to a maximum of $10,000 for each individual study and that all grants must be approved by City Council; and,

  Whereas, B.G.S. STOUFFVILLE LTD. has advised staff that the total cost to complete the required supplementary Phase Two E.S.A. for 299 Dean Avenue is $29,785, and the total cost to complete the required supplementary Phase Three E.S.A. for 299 Dean Avenue is $90,000; and,

  Whereas, B.G.S. STOUFFVILLE LTD. has confirmed that upon completion of the work, the City will be provided copies of the Phase Two E.S.A. and Phase Three E.S.A. for the City’s records and retention; and,

  Whereas, the application is consistent with the intent of the Brownfields Study Grant Program as it will stimulate the undertaking of private sector environmental studies of brownfield sites in the Brownfields Renaissance Community Improvement Area; and,

  Whereas, the clean-up and development of impacted lands is in the public interest since the development of impacted lands may help to revitalize neighbourhoods, improve soil quality, improve the appearance of impacted sites, reduce greenfield development through infilling and intensification, use existing services more effectively and increase assessment and job creation;

  Therefore be it resolved that the application for two (2) Brownfields Study Grants submitted by B.G.S. STOUFFVILLE LTD., for 299 Dean Avenue, be approved as follows:

  • 50% of the cost of a supplementary Phase Two Environmental Site Assessment for soil and groundwater sampling for 299 Dean Avenue to a maximum of $10,000; and,
  • 50% of the cost of a supplementary Phase Three Environmental Site Assessment for remedial work plans and risk assessments for 299 Dean Avenue to a maximum of $10,000.

ED-24-54 - City Comments on Bill 185, the Proposed "Cutting Red Tape to Build More Homes Act, 2024" and the Proposed Provincial Planning Statement (All Wards)

• Recommendation

  That the Economic and Development Services Committee recommend to City Council: 

  1. That Report ED-24-54 dated May 1, 2024, including Attachments 5 and 6, be endorsed as the City’s comments on the Province’s proposed amendments to certain Acts under Bill 185, “Cutting Red Tape to Build More Homes Act, 2024” as well as the proposed Provincial Planning Statement and Ontario Regulation 73/23: Municipal Planning Data Reporting; and,
  2. That Economic and Development Services staff be authorized to submit the comments contained in Report ED-24-54 dated May 1, 2024 related to Bill 185, “Cutting Red Tape to Build More Homes Act, 2024”, the proposed Provincial Planning Statement and the proposed amendments to Ontario Regulation 73/23: Municipal Planning Data Reporting in response to the associated proposals posted on the Environmental Registry of Ontario website; and,
  3. That staff be authorized to forward a copy of Report ED-24-54 dated May 1, 2024 and the related Council resolution to the Region of Durham, Durham area municipalities, and Durham area M.P.P.s.

ED-24-55 - Stevenson Road North Municipal Class Environmental Assessment Study 2nd Update (Ward 2)

• Recommendation

  That the Economic and Development Services Committee recommend to City Council: 

  That, pursuant to Report ED-24-55 dated May 1, 2024, concerning the Stevenson Road North Municipal Class Environmental Assessment Study, staff be authorized to hold a second Public Information Centre in June 2024 to present the alternative design concepts, and the next steps in the Study. 

ED-24-56 - Direction Respecting an Appeal to the Ontario Land Tribunal of a Council Decision Concerning the Issuance of a Notice of Passing of a By-law to Designate 149 Harmony Road South under the Ontario Heritage Act Part IV (Ward 3)

• Recommendation

  That the Economic and Development Services Committee recommend to City Council: 

  Whereas, the existing building located at 149 Harmony Road South and known as the former Harmony Public School (the “Subject Site”) is a “listed, non-designated” property on the City’s Register of Properties of Cultural Heritage Value or Interest (the “Register”) under Section 27 of the Ontario Heritage Act, R.S.O. 1990, Chapter O.18 (the “Ontario Heritage Act”); and,

  Whereas, on April 3, 2023, City Council considered Report ED-23-55 dated March 1, 2023 and adopted the following as part of a multi-part recommendation:

  "2. Prepare a supplemental Heritage Research Report for 149 Harmony Road South, including a Statement of Cultural Heritage Value or Interest, a detailed listing of heritage attributes;

  1. 1. Provide the Owner of 149 Harmony Road South with the supplemental Heritage Research Report, and request an updated position on heritage designation of the property; and,
     2. Report back to the Economic and Development Services Committee in Q4 2023 with a recommendation concerning designation of the property, including the supplemental Heritage Research Report and the updated stance from the Owner;” and,

  Whereas, staff subsequently procured a supplemental Heritage Research Report (the “Research Report”) dated September 19, 2023 prepared by Archaeological Research Associates Ltd. (“A.R.A. Ltd.”) for the Subject Site; and,

  Whereas, on September 20, 2023, Colony Real Estate Development Limited (the “Owner”) was sent a copy of the Research Report and was asked to provide a stance on designation; and,

  Whereas, on September 28, 2023, Heritage Oshawa considered Item HTG-23-57 dated September 21, 2023 concerning the Research Report and made a motion recommending that the Subject Site be designated under Section 29, Part IV of the Ontario Heritage Act; and,

  Whereas, through correspondence dated September 29, 2023 received from
  D.G. Biddle and Associates Ltd. on behalf of the Owner, it was made clear that the Owner did not support the designation; and,
   
  Whereas, on October 30, 2023, City Council considered Report ED-23-196 dated October 11, 2023 and adopted the following as part of a multi-part recommendation:

  “4. That, pursuant to Report ED-23-196 dated October 11, 2023, Economic and Development Services staff be authorized to undertake the process established in the Ontario Heritage Act to designate the property known as the former Harmony Public School, located at 149 Harmony Road South, as a property of cultural heritage value or interest under Part IV of the Ontario Heritage Act by undertaking actions such as the following:

  1. 1.  Preparing a Notice of Intention to Designate the property known as the former Harmony Public School, located at 149 Harmony Road South, under the Ontario Heritage Act which will generally include the Designation Statement and Description as described in the Heritage Research Report affixed to Attachment 8 of said Report;
     2. Circulating the Notice in accordance with the requirements of the Ontario Heritage Act;
     3. Forwarding the Notice to the Ontario Heritage Trust and the owner in accordance with the Ontario Heritage Act; and,
     4. Preparing the necessary by-law which will generally include the Designation Statement and Description for subsequent consideration by Council.”; and,

  Whereas, on November 6, 2023, City staff issued Notice of Intention to Designate the Subject Site in accordance with the requirements of the Ontario Heritage Act; and,

  Whereas, on November 30, 2023, the City received one (1) Notice of Objection to the proposed designation of the Subject Site from Overland LLP, on behalf of the Owner; and,

  Whereas, on January 29, 2024, City Council considered the above noted Notice of Objection (Correspondence ED-24-05) and referred the matter to staff for a report; and,

  Whereas, on February 26, 2024, City Council considered Report ED-24-16 dated January 31, 2024 and adopted the following recommendation:

  “That, pursuant to Report ED-24-16 dated January 31, 2024, City staff be directed to proceed with the designation of the property known as the former Harmony Public School, located at 149 Harmony Road South, as a property of cultural heritage value or interest under Part IV of the Ontario Heritage Act and that the appropriate by-law, which will include a Designation Statement and Description for the subject property, be passed in a form and content acceptable to the City Solicitor and the Commissioner of Economic and Development Services.”; and,

  Whereas, on February 26, 2024, after considering Report ED-24-16 dated January 31, 2024, City Council passed By-law 27-2024, being a by-law to designate the Subject Site as being of cultural heritage value or interest pursuant to Part IV of the Ontario Heritage Act; and,

  Whereas, on February 28, 2024, City staff issued Notice of the Passing of a By-law to designate the Subject Site in accordance with the requirements of the Ontario Heritage Act and the City’s Public Notice Policy; and,

  Whereas, on April 1, 2024, the City received one (1) appeal to the Notice of the Passing of a By-law to designate the Subject Site from Overland LLP, on behalf of the Owner, within the 30-day legislated appeal period under Section 29(11) of the Ontario Heritage Act, which period expired on April 2, 2024 (see Attachment 1); and,

  Whereas, Council policy requires that the Economic and Development Services Department prepare a report to the Economic and Development Services Committee when an appeal is lodged against a Council decision;

  Therefore be it resolved:

  1. That, pursuant to Item ED-24-56 dated May 6, 2024, the Ontario Land Tribunal be advised that Oshawa City Council maintains their position that the former Harmony Public School at 149 Harmony Road South be designated under Part IV of the Ontario Heritage Act.
  2. That, pursuant to Item ED-24-56 dated May 6, 2024, the City of Oshawa seek party status at the Ontario Land Tribunal.
  3. That, pursuant to Item ED-24-56 dated May 6, 2024, City staff, with the assistance of a heritage consultant, be authorized to attend the Ontario Land Tribunal hearing in support of Council’s decision and for these costs to be accommodated through the Corporate Litigation Account.
  4. That, pursuant to Item ED-24-56 dated May 6, 2024, upon the conclusion of the Ontario Land Tribunal hearing, City staff report back to the Economic and Development Services Committee with the Ontario Land Tribunal’s decision with respect to the designation of the former Harmony Public School at 149 Harmony Road South.

ED-24-57 - Update regarding  Conlin Road East Front Ending Agreement Pilot (Ward 1)

• Recommendation

  That the Economic and Development Services Committee recommend to City Council: 

  Whereas, Council approved the recommendations in Report CNCL 23-03 dated January 13, 2023, regarding the request for Oshawa (Conlin) Developments (BT) Inc., a subsidiary of Treasure Hill Homes (“Treasure Hill”) to enter into a Front Ending Agreement for the design and construction of Conlin Road East from Grandview to Kurelo; and,

  Whereas, Council approved funding for Project 73-0455 Conlin Road East in the amount of $4,285,000 (exclusive of H.S.T.), with $3,424,000 being funded from the Transportation Roads Development Charge Reserve and $861,000 from the Growth Related Non-Development Charges Reserve; and,

  Whereas, in lieu of a separate Front Ending Agreement as per Section 44 of the Development Charges Act, 1997, S.O. 1997, c. 27 and for sake of efficiency, staff incorporated the conditions of the Front Ending Agreement into the Subdivision Agreement, which was prepared and signed on June 6, 2023; and,

  Whereas, Treasure Hill tendered the work to be constructed in 2024 which did not result in the expected cost savings as the excess soils generated on Conlin Road were determined not to be suitable for re-use on Treasure Hill’s lands, as originally contemplated; and,

  Whereas, the lowest bidder was $1.98 Million over the approved budget, for the City’s share of the project; and,

  Whereas, the opportunity to coordinate the reconstruction of Conlin Road with Treasure Hill's construction work for service connections along Conlin Road East has passed; and,

  Whereas, the 60 day irrevocable period with the tender document to commit to the need for an extra $1.98 million, has passed; and,

  Whereas, at the time of the request to enter into a Front Ending agreement was received, access to Treasure Hill’s lands was only possible via Conlin Road. However, residents will soon have the option to utilize Britannia Road East as an alternative route for access during the reconstruction of the Grandview Street roundabout; and,

  Whereas, staff are recommending to return the funds to source and re-submit the works as a capital project for consideration as part of the 2025 Mayor’s Budget;

  Therefore be it resolved that the City reimburse Oshawa (Conlin) Developments (BT) Inc., a subsidiary of Treasure Hill Homes, for the completion of the detailed design (and associated engineering studies) for Conlin Road East from Grandview Street North to Kurelo Drive and return the remaining funds estimated to be $4,088,963.76 from approved Project 73-0455 to source and, authorize staff to enter into an amending Subdivision Agreement with Oshawa (Conlin) Developments (BT) Inc. to remove Section 2.1 a), the requirement to construct all the works as related to the reconstruction of Conlin Road East on behalf of the City.

ED-24-61 - Remuneration for Public Art Jury Members for the permanent public art installation at the Downtown Urban Square (Ward 4)

• Recommendation

  That the Economic and Development Services Committee recommend to City Council: 

  Whereas, on October 2, 2023, Council approved that staff proceed with the process to install permanent public art at the Downtown Urban Square at the northeast corner of Bond Street East and Simcoe Street North (CNCL-23-95); and,

  Whereas, the City of Oshawa Public Art Policy allows for City staff, in collaboration with the Public Art Task Force, to identify public art projects on a case by case basis that require a separate jury with specialized skills to provide expertise and recommendations relating to the acquisition of public artworks; and,

  Whereas, the process outlined for the Downtown Urban Square project includes convening a specialized jury with responsibilities that include reviewing artist proposals and making selection recommendations; and,

  Whereas, municipal comparator research conducted by staff has demonstrated that other municipalities are compensating public art jury members for their time and services; and,

  Whereas, current examples of compensating members who provide expertise such as the members of the City of Oshawa’s Committee of Adjustment who are compensated for their participation at a rate of $125 per member per meeting attended; and,

  Whereas, relevant and professional members will be identified to provide expertise on matters relating to the future acquisition and installation of the Downtown Urban Square public art work who will form the membership of the Downtown Urban Square Public Art Jury; and,

  Whereas, the costs associated to the remuneration of jury members for the Downtown Urban Square Public Art Jury can be accommodated through the existing Economic Development Services operating budget;

  Therefore be it resolved:

  1. That based on Item ED-24-61, dated May 1, 2024, the remuneration rate of $125 per member per meeting for the Downtown Urban Square Public Art Jury be approved,
  2. That the remuneration rate of $125 per member per meeting for the Downtown Urban Square Public Art Jury be applied to meetings taking place in May 2024; and,
  3. That the remuneration rate of $125 per member per meeting for all future Public Art Juries be approved.

Public Discussion Agenda

Matters Excluded from the Consent Agenda

Items Introduced by Council Members

Items Pulled from the Information Package

None

Questions to Staff Concerning the Committee's Outstanding Items List

Closed Consent Agenda

• Recommendation

  That all items listed under Closed Consent Agenda for the Economic and Development Services Committee meeting of May 6, 2024 be adopted as recommended.

Closed Correspondence with recommendations

Closed Staff Reports/Motions with recommendations

ED-24-58 - Update on the Recommended Disposal of Certain City-owned Lands: City-owned Land Known Municipally as the Christine Crescent Right-of-Way (Ward 5)

Closed Pursuant to Section 239(2)(c) of the Municipal Act, 2001.

(See Pages C11 to C125)

• Recommendation

  That the Economic and Development Services Committee recommend to City Council: 

  1. That, pursuant to Closed Report ED-24-58 dated May 1, 2024, the Commissioner of Economic and Development Services be authorized to enter into an agreement of purchase and sale for the City-owned lands known municipally as the Christine Crescent right-of-way, generally in accordance with Attachment 7 and the key terms as set out in Section 5.6 of said Report, together with such documents as are required to facilitate the transaction in the opinion of the City Solicitor, and further that the agreement and other required documents be in a form and content satisfactory to the City Solicitor and the Commissioner of Economic and Development Services; and,
  2. That, pursuant to Closed Report ED-24-58 dated May 1, 2024, the Commissioner of Economic and Development Services be authorized, from time to time, to extend conditional, requisition and completion dates established by the respective agreement of purchase and sale in consultation with the City Solicitor; and,
  3. That, pursuant to Closed Report ED-24-58 dated May 1, 2024, staff be authorized to formally close by by-law the City-owned lands known municipally as the Christine Crescent right-of-way as a public highway, if deemed necessary as part of the transfer, to the satisfaction of the Commissioner of Economic and Development Services and the City Solicitor and that the notice requirements of the City’s Public Notice Policy GOV-23-02 be waived. 

Closed Discussion Agenda

Matters Excluded from the Consent Agenda

Items Requiring Direction

Matters Tabled

None

Recess

• Recommendation

  That the meeting recess at 

Planning Act Public Meeting (6:30 p.m.)

Additional Agenda Items

(As may be presented at the meeting)

Declarations of Pecuniary Interest

(As may be presented by Council Members)

Application ED-24-51

Presentation

Planning Services - City-initiated Amendments to the Oshawa Official Plan and Zoning By-law 60-94 (All Wards) 

Erika Kohek, Senior Planner, Planning Services, to provide a presentation concerning the City-initiated Amendments to the Oshawa Official Plan and Zoning By-law 60-94

Delegations

(As requested)

Correspondence

None

Reports

ED-24-51 - City-initiated Amendments to the Oshawa Official Plan and Zoning By-law 60-94 (All Wards)

• Recommendation

  Option 1:

  That the Economic and Development Services Committee recommend to City Council:

  That the proposed amendments to the Oshawa Official Plan and Zoning By-law 60-94 as generally set out in Attachment 1 to Report ED-24-51 dated May 1, 2024 be adopted, and that the appropriate amending by-laws be passed in a form and content acceptable to the City Solicitor and the Commissioner of Economic and Development Services

   

  Option 2:

  That the Economic and Development Services Committee recommend to City Council:

  That staff be directed to further review the proposed City-initiated amendments to the Oshawa Official Plan and Zoning By-law 60-94, as generally set out in Attachment 1 to Report ED-24-51 dated May 1, 2024, and prepare a subsequent report and recommendation back to the Economic and Development Services Committee. This direction does not constitute or imply any form or degree of approval.

Adjournment

• Recommendation

  That the meeting adjourn at XX p.m.