Oshawa City Council - Special Meeting

Minutes

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Council Chamber
Present:
  • Mayor Carter
  • Councillor Chapman
  • Councillor Giberson
  • Councillor Gray
  • Councillor Kerr
  • Councillor Marimpietri
  • Councillor Marks
  • Councillor McConkey
  • Councillor Neal
  • Councillor Nicholson
Absent:
  • Councillor Lee

Mayor Carter advised purpose of this meeting is to provide a report to Council on the status and timing of proposed Development Charges policy changes. 

All members of Council were participating from the Council Chamber except Councillor McConkey who was participating electronically and Councillor Lee who was absent.

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.

  • Moved byCouncillor Chapman
    Seconded byCouncillor Giberson

    That Correspondence CNCL-24-36 from Medallion Developments concerning non-statutory development charge exemptions for specific residential developments within designated areas be added to the agenda for the meeting of City Council on April 12, 2024 at 1:30 p.m. and referred to Report CNCL-24-34.

    Carried

Nancy Neale, Watson & Associates Economists Ltd. provided a presentation concerning the purpose of the Development Charges Study, an overview of the methodology required to undertake a Development Charges and policies due to recent legislative changes and Council direction on proposed policy changes.

Members of Council questioned Nancy Neale.

Councillor Marks left the meeting at 2:11 p.m. during questions to the presenter.

Members of Council continued to question Nancy Neale.

  • Moved byCouncillor Chapman
    Seconded byCouncillor Giberson
    1. That, pursuant to Report CNCL-24-34, dated April 4, 2024 concerning the draft proposed 2024 Development Charges By-law, Council select an option for each category as outlined in Sections 5.6.1, 5.6.2, 5.6.3, and 5.6.4 of this Report; and,
    2. That the current non-statutory exemption for 1569 Simcoe Street North shown as Schedule “G” of Attachment 1, Development Charges By-law 60-2019 be removed as this project is complete; and,
    3. That the current exemption for lands designated under federal law as land reserved for the exclusive use of aboriginal peoples be removed, given that the City’s Planning documents, including the Oshawa Official Plan, do not identify any such lands that would qualify for this exemption; and,
    4. That a clause be added to exempt “change of use” permits considering industrial and commercial uses from D.C.’s when a building has been in existence for more than 20 years. This clause would need to be adjusted depending on the option chosen for the non-statutory industrial exemption. i.e. if a 5-year phase-in of the industrial rate is chosen, a 5-year ramp down for change of use would be implemented; and,
    5. That the consideration of capital costs for Provincial Offences Act (P.O.A.) be implemented including By-law Enforcement Facilities, Vehicles and Equipment given that service definition amendments to the Development Charges Act allow for P.O.A. Services to be considered as an eligible development charge service; and,
    6. That the D.C. demolition/conversion credit be revised from 10 years to 5 years; and,
    7. That the definition of Agricultural be expanded to not exempt cannabis production; and
    8. That the definition of Nursing Home defined in subsection 1(1) of the Nursing Homes Act, R.S.O. 1990, c N.7 which has been repealed be replaced with Long-term Care Home within the meaning of subsection 2(1) of the Fixing Long-Term Care Act, 2021; and,
    9. That the definition of Stacked Townhouse be updated to add two (2) “or more” Townhouses high; and,
    10. That the City’s Draft Local Service Policy, included as Attachment 3 to Report CNCL-24-34, be approved.
  • Amendment:
    Moved byCouncillor Giberson
    Seconded byCouncillor McConkey

    That Pat 1 of the recommendation contained in Report CNCL-24-34 be amended to add: 'That based on Section 5.6.1, an industrial charge be phased-in over 3 years as follows:

    • January 1, 2025: 33%
    • January 1, 2026: 66%
    • January 1, 2027: 100%.'
    Affirmative (2)Councillor Giberson, and Councillor McConkey
    Negative (7)Mayor Carter, Councillor Chapman, Councillor Gray, Councillor Kerr, Councillor Marimpietri, Councillor Neal, and Councillor Nicholson
    Absent (2)Councillor Marks, and Councillor Lee
    Lost (2 to 7)
  • Amendment:
    Moved byCouncillor Nicholson
    Seconded byCouncillor Marimpietri

    That Part 1 of the recommendation contained in Report CNCL-24-34 be amended to add: ‘That based on Section 5.6.1, no change be made to the current policy for the non-statutory industrial exemption.’

    Affirmative (5)Mayor Carter, Councillor Chapman, Councillor Kerr, Councillor Marimpietri, and Councillor Nicholson
    Negative (4)Councillor Giberson, Councillor Gray, Councillor McConkey, and Councillor Neal
    Absent (2)Councillor Marks, and Councillor Lee
    Carried (5 to 4)
  • Amendment:
    Moved byCouncillor Giberson
    Seconded byCouncillor Kerr

    That Part 1 of the recommendation contained in Report CNCL-24-34 be amended to add: ‘That based on Section 5.6.2., the Urban Growth Centre and Downtown Shoulder Area Exemptions be maintained; and,

    That staff be directed to develop a project development timeline limitation policy on the Exemption for future Council review and approval.’.

    A request was made to divide the motion in order to vote on each part separately. 


  • The vote on maintaining the Urban Growth Centre and Downtown Shoulder Exemptions as set out in Section 5.6.2 of Report CNCL-24-34.

    Affirmative (9)Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Kerr, Councillor Marimpietri, Councillor McConkey, Councillor Neal, and Councillor Nicholson
    Absent (2)Councillor Marks, and Councillor Lee
    Carried (9 to 0)
  • The vote on directing staff to develop a project development timeline limitation policy related to Section 5.6.2 of Report CNCL-24-34.

    Affirmative (7)Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Kerr, Councillor Marimpietri, Councillor McConkey, and Councillor Neal
    Negative (2)Councillor Gray, and Councillor Nicholson
    Absent (2)Councillor Marks, and Councillor Lee
    Carried (7 to 2)
  • Moved byCouncillor Giberson
    Seconded byCouncillor Kerr

    That Part 1 of the recommendation contained in Report CNCL-24-34 be amended to add: ‘That based on Section 5.6.4, the same non-statutory exemption be implemented for student housing apartment and townhouse dwellings (other than a street townhouse) for the shaded areas shown in Schedule D, Urban Growth Centre and Schedule F, Downtown Shoulder Area of Attachment 1, and that no other change be made to the current policy concerning non-statutory special area exemption.'

    Carried

    A request was made to divide the motion concerning Report CNCL-24-34, as amended in order to vote on Part 9 separately.


  • The vote on Parts 1 to 8 and Part 10 of the motion concerning Report CNCL-24-34, as amended.

    Affirmative (9)Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Kerr, Councillor Marimpietri, Councillor McConkey, Councillor Neal, and Councillor Nicholson
    Absent (2)Councillor Marks, and Councillor Lee
    Carried (9 to 0)
  • The vote on Part 9 of the motion concerning Report CNCL-24-34.

    Affirmative (6)Mayor Carter, Councillor Chapman, Councillor Giberson, Councillor Gray, Councillor Kerr, and Councillor Marimpietri
    Negative (3)Councillor McConkey, Councillor Neal, and Councillor Nicholson
    Absent (2)Councillor Marks, and Councillor Lee
    Carried (6 to 3)
  • Moved byCouncillor Chapman
    Seconded byCouncillor Giberson

    That the confirming by-law be passed.

    Carried
  • Moved byCouncillor Chapman
    Seconded byCouncillor Kerr

    That the meeting adjourn at 4:17 p.m.

    Carried
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