Report~Oshawa· To: Development Services Committee Item:

DS-12-339

Date of Report: November 13, 2012

From: Commissioner, Development Services Department

File:

B-31 00-0171 Z-2012-08

Date of Meeting:

November 19, 2012

Subject: Applications to Amend the Oshawa Official Plan and Zoning By-law No. 60-94 144 and 155 First Avenue First Oshawa Holdings Inc.

PLANNING ACT PUBLIC MEETING

1.0 PURPOSE

The purpose of this report is to provide background information for the Planning Act public meeting on the subject applications related to 144 and 155 First Avenue.

Applications have been submitted by First Oshawa Holdings Inc. to:

(a) Amend the Oshawa Official Plan to re-designate the subject sites from Industrial to Planned Commercial Centre subject to a site specific policy to retain uses permitted in the Industrial designation.

(b) Rezone the subject sites by adding an appropriate PCC (Planned Commercial Centre) Zone to the existing Gl (General Industrial) zoning of the subject sites such that the zoning of the sites would be Gl (General lndustriai)/PCC (Planned Commercial Centre) subject to a special condition to permit a parking lot at 144 First Avenue.

Attachment No. 1 is a map showing the location of the subject sites and the existing zoning for the area. ·

Attachment No. 2 is a copy of the site plan submitted by the applicant showing the existing buildings and the proposed site design for both 144 and 155 First Avenue.

Attachment No. 3 is a copy of the Gl (General Industrial) uses currently permitted on the subject sites under Zoning By-law No. 60-94.

Attachment No. 4 is a copy of the uses permitted in the PCC (Planned Commercial Centre) Zone under Zoning By-law No. 60-94.

A notice advertising the public meeting was mailed to all assessed property owners within 120 metres (400 ft.) of the subject sites and to all required public bodies. In addition, a notice was published in the Oshawa This Week and Oshawa Express newspapers and signs giving notice of the applications have been posted on both sites .

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· Report to the Development Item: DS-12-339 Services Committee (Continued) -2- Meeting Date: November 19, 2012

2.0 RECOMMENDATION

That, pursuant to Report DS-12-339 da,ted November 13, 2012, the applications submitted by First Oshawa Holdings Inc. to amend the Oshawa Official Plan (File: B-3100-0171) and Zoning By-law No. 60-94 (File: Z-2012~08) to permit Planned Commercial Centre uses as additional permitted uses at 144 and 155 First Avenue 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.

3.0 EXECUTIVE SUMMARY

Not applicable.

4.0 INPUT FROM OTHER SOURCES

4.1 Other Departments and Agencies

;.> The subject applications have been circulated for comment and the identification of issues to a number of departments and agencies. These comments and issues will be considered and reported on, as appropriate, in a subsequent staff report which will provide a recommendation on the applications.

4.2 Auditor General

;.> The Auditor General does not provide comments on reports of this nature.

5.0 ANALYSIS

5.1 Background

;.> The subject lands are located on both sides of First Avenue, between Howard Street and the Michael Starr Trail which is adjacent to Front Street. The applicant owns both properties.

;.> The lands on the south side of First Avenue are known municipally as 155 First Avenue and are the former location of PPG Canada Inc.

;.> The lands on the north side of First Avenue are known municipally as 144 First Avenue and have been. used as a parking lot for the uses at 155 First Avenue.

;.> The subject lands are currently zoned for General Industrial (GI) uses.

;.> The applicant has submitted the subject applications in order to permit Planned Commercial Centre uses on the subject property in addition to the current Gl (General Industrial) uses.

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Report to the Development Item: DS-12-339 Services Committee (Continued) - 3 - Meeting Date: November 19, 2012

);> The applicant's immediate development plans are to utilize the existing main building for a flea market and industrial uses.

);> The existing two-storey office building is proposed to continue to be used as office space, however, not necessarily in direct association with any industrial or commercial uses in the larger main building.

);> The addition of PCC uses is intended by the applicant to provide flexibility and a larger range of potential tenants.

);> The following is background information concerning the subject applications:

Existing Requested/Proposed Oshawa Official Plan Designation

Industrial within the Main Central Area

Planned Commercial Centre subject to a site specific policy to retain the uses permitted in the Industrial designation within the Main Central Area

Zoning By-law No. 60-94

Gl (General Industrial) Gl (General Industrial )/PCC (Planned Commercial Centre) subject to a special condition to permit a parking lot at 144 First Avenue

Use Industrial at 155 First Avenue Parking lot at 144 First Avenue

Short term: Industrial uses, a flea market and office building Long term: to utilize the proposed permitted uses of the PCC Zone

~ Adjacent Land Uses:

North Future Central Oshawa GO Transit Station at the former Knob Hill Farm site South Unopened Jackson Avenue road allowance and Highway 401 East Single detached dwellings and converted dwellings fronting on the east side

of Howard Street, and Howard Park on the south side ofFirst Avenue between Howard Street and Drew Street

West Michael Starr Trail and single detached dwellings and converted dwellings fronting on the west side of Front Street

);> Proposed Development Details:

Site Area 144 First Avenue: 1.08 ha (2.7 ac.) 155 First Avenue: 5.94 ha (14.7 ac.)

Gross Floor Area of Existing Buildings

Industrial Building: 36,699 square metres (395,039 sq. ft.) Office Building: 965 square metres (1 0,388 sq. ft.) Gatehouse: 38 square metres (408 sq. ft.) Total: 37,702 square metres (405,835 sq. ft.)

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Report to the Development Item: DS-12-339 Services Committee (Continued) -4- Meeting Date: November 19, 2012

Gross Floor Area of Proposed Flea Market

9,254 square metres (99,612 sq. ft.)

Parking Spaces Required for Proposed Flea Market, Office and Industrial uses

Flea Market: 544 spaces (1 space per 17 m") Industrial Uses: 120 spaces (1 space per 90m2 up to 2,000 m2 of gross floor area plus 1 space for every 450m2

over 2,000 m2)

Office Building: 35 spaces (1 space per 28 m2)

Total: 690 spaces Parking Spaces Proposed

144 First Avenue: 321 spaces 155 First Avenue: 444 spaces Total: 765 spaces

Loading Spaces Required

8 large loading spaces

Loading Spaces Proposed

1 0 large loading spaces

5.2 Oshawa Official Plan

> The subject sites are designated as Industrial within the Main Central Area in the Oshawa Official Plan. Retail, personal service and certain commercial and office uses are not permitted in the Industrial land use designation, therefore, an Official Plan Amendment is required to permit the range of uses the applicant is seeking.

> The Industrial policies found in Section 2.4.1.2 of the Oshawa Official Plan state that an area designated as Industrial shall generally be used for manufacturing, warehousing and storage, assembly, processing, including reclaiming and recycling, utility functions and transportation terminals.

> The applicant has requested that both subject sites be re-designated from Industrial to Planned Commercial Centre, with a site specific policy to retain the uses permitted in the Industrial designation so that the sites can continue to accommodate industrial uses until comprehensive redevelopment of the sites can occur.

> Section 2.2.3.1 of the Oshawa Official Plan states that areas designated as Planned Commercial Centre are intended to be developed as shopping centres within Central Areas and such designations may apply to one or more properties.

> Sections 2.2.3.5 and 2.2.3.6 of the Oshawa Official Plan specify that:

2.2.3.5 When an existing Planned Commercial Centre is established at a given location, preference shall be given to its expansion rather than to the development of a new Planned Commercial Centre in the same general vicinity.

2.2.3.6 For every proposal to amend this Plan to designate a Planned Commercial Centre of a size exceeding 1,400 square metres (15,070 sq. ft.) of gross leasable floor space for the retailing of goods and services, the proponent

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Report to the Development Item: DS-12-339 Services Committee (Continued) -5- Meeting Date: November 19, 2012

shall submit a traffic impact study which analyses, to the satisfaction of the City, the traffic implications of the proposed development upon adjacent roads and details any design measures required to resolve any potential traffic problems. A traffic impact study may be required for those proposals for Planned Commercial Centre development that are of a lesser size.

~ Section 2.1.1.1 of the Oshawa Official Plan states that Central Areas shall be planned and developed as the main concentrations of activities within the City, providing an integrated array of shopping, personal and business service, office, industrial, institutional, community, recreational and residential uses and transportation facilities.

~ Section 2.1.1.3 of the Oshawa Official Plan describes the role and function of the Main Central Area as follows:

"The Main Central Area generally centred around the intersection of Simcoe and King Streets, shall serve. the entire City and be the dominant Central Area in the Region. It shall have a specific emphasis on office, retail, business, personal and administrative services and serve as the focal point of the public transportation system. The dominance of this Main Central Area shall be encouraged as part of any redevelopment or rehabilitation scheme."

~ Section 2.1.2.3 of the Oshawa Official Plan specifies that:

"Prior to the delineation or designation of any new Central Area or the passage of a zoning by-law to permit more than 2,500 square metres (26,91 0 sq. ft.) of gross retail and personal service floor space in a Central Area, a retail impact study shall be undertaken by the proponent to determine the demand and to ensure that such development does not unduly affect the viability of any existing Central Areas shown on Schedule "A"."

~ First Avenue is designated as a Collector Road (First Avenue becomes McNaughton Avenue further east). Howard Street and Front Street are local roads. Albert Street further west and Drew Street further east are Collector Roads. Drew Street has a westbound on-ramp and westbound off-ramp to and from Highway 401.

~ The policies and provisions of the Oshawa Official Plari will be considered during the further processing of the subject applications.

5.3 Zoning By-law No. 60-94

~ The subject sites are zoned Gl (General Industrial) which permits a number of industrial uses (see Attachment No. 3).

~ The Gl (General Industrial) Zone permits parking lots associated with a permitted use in a Gl Zone. The parking lot at 144 First Avenue is used in association with the industrial uses at 155 First Avenue.

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Report to the Development Item: DS-12-339 Services Committee (Continued) -6- Meeting Date: November 19, 2012

);;> A flea market is not permitted by the existing Industrial Official Plan designation and Gl (General Industrial) zoning for the subject sites. Under Zoning By-law No. 60-94 Flea Market is defined as follows:

""FLEA MARKET" means a building or part of a building where sales to the public are made, with the only goods available for sale being two or more of the following:

(a) Antiques (b) Foodstuffs (c) Handicrafts (d) Newspapers or periodicals (e) Tobacco or articles required for the use of tobacco (f) Second hand goods

and provided that no individual establishment shall occupy more than 233m2 of gross floor area."

);;> On October 3, 2012 the applicant submitted an application to the Committee of Adjustment (File No.: A-2012-45) to permit a flea market with additional permitted goods and services as follows:

• Amusement machines • Fast food restaurants/outlets • Hobby shops • Home and auto supplies • Home appliances/decorating and home furnishings • Home improvement items • Personal services • Pharmacy • Retail sales • Sales outlets • Warehouse goods • Convenience store items • Seasonalproduce • Specialty goods

);;> This Department did not support the Committee of Adjustment application to permit the proposed flea market as an official plan amendment and rezoning are required. The Committee of Adjustment tabled the application on October 24, 2012 to allow the applicant to submit the subject applications.

);;> Retail stores including a flea market, offices, restaurants, personal service establishments and other requested commercial uses are not permitted in the Gl Zone.

);;> The applicant has submitted an application to amend Zoning By-law No. 60-94 to add an appropriate PCC (Planned Commercial Centre) Zone to the existing Gl (General

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R~port to th~ D~velopment Item: DS-12-339 Services Committee (Continued) -7- Meeting Date: November 19, 2012

Industrial) zoning. The uses permitted in the PCC Zone are listed in Attachment No. 4. The prop~sed amendment would rezone the sites to GI/PCC.

~ The subject applications will be reviewed against the provisions of Zoning By-law No. 60-94 during further processing of the applications.

5.4 Site Design/Land Use Considerations

~ Detailed design matters will be reviewed during the further processing of the applications to ensure compliance with the City's Landscaping Design Policies and other policies. This Department will conclude its position on the site design after it has received and assessed comments from the circulated departments, agencies and the public.

~ The applicant's plans for the sites in the short term are to utilize the existing main building for a flea market and industrial uses, and use the 2-storey accessory office building for offices.

~ The proposed site design for 155 First Avenue includes the existing buildings and indicates 444 parking spaces, 10 loading spaces, a one-way drive aisle around the main building and driveway access to First Avenue and Howard Street. The lands on the north side of First Avenue (144 First Avenue) will remain a parking lot.

~ The former Knob Hill Farm site to the north (500 Howard Street) is planned by Metrolinx for a new GO train station. ·

~ In GO Transit's "Oshawa to Bowmanville Rail Service Expansion and Rail Maintenance Facility Transit Project Assessment Process Environmental Assessment Study" report, dated February 2011, a potential site design for the transit station was provided. This design included a driveway leading from the station's parking lot on the south side of the CP Rail line to First Avenue through 144 First Avenue.

~ Some of the specific matters this Department will be reviewing during the further processing of the subject applications include: · ·

(a) The appropriateness of the proposed uses in this location, including any retail market impacts and land use compatibility with existing and proposed surrounding uses;

(b) The appropriateness of the proposed site designs; (c) Urban design and architectural design matters along the road frontages; (d) Appropriate landscaping and buffering to adjacent residential areas and street

frontages; · (e) Traffic matters, including impacts on existing roads and adjacent residential areas,

any need for road widenings and appropriateness of driveway access locations; (f) Vehicular access and internal circulation; (g) Pedestrian and transit access; (h) The relationship to the Michael Starr Trail to the west of the sites;

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~eport to the Development Item: DS-12-339 Services Committee (Continued) - 8 - Meeting Date: November 19, 2012

(i) The relationship to and impacts on the future Central Oshawa GO Transit Station to the north of the sites;

0) The environmental condition of the sites given the former industrial use and need for Record of Site Conditions to be filed with the Ministry of Environment;

(k) Noise attenuation matters; (I) Stormwater management and servicing matters; (m)The need to scope the list of Gl (General Industrial) uses permitted on the subject

sites; and (n) The future need to retain the unopened Jackson Avenue to the south of the subject

sites for City purposes. ,

6.0 FINANCIAL IMPLICATIONS

}iii> There are no financial implications.

7.0 RESPONSE TO THE COMMUNITY STRATEGIC PLAN

}iii> Holding a public meeting on development applications 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.

Paul Ralph, B.E.S., RPP, Director Planning Services

Thomas B. Hodgins, M.A., RPP, Commissioner Development Services Department

DS/c Attachments

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Attachment No. 1

DEVELOPMENT SERVICES DEPARTMENT

Item No.: DS-12-339 Subject: Applications to Amend the Oshawa Official

Plan and Zoning By-law No. 60-94 Address: 144 and 155 First Avenue File No.: B-31 00-0171, Z-2012-08

~ Subject Site 146

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Attachment No. 2

Item No.: DS-12-339 Subject: Applications to Amend the Oshawa Official Plan and Zoning By-law No. 60-94 Address: 144 and 155 First Avenue File No.: B-3100-0171, Z-2012-08 141 City ofOshawa

DEVELOPMENT SERVICES DEPARTMENT

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29.1

DS-12-339 Attachment No. 3

SECTION 29: Gl -GENERAL INDUSTRIAL ZONES

PERMITTED USES

29.1.1 No person shall within any Gl Zone use any' land or erect or use any building or structure for any purpose or use other than the uses listed below:

(a) Any industrial use not mentioned in this subseCtion which is not obnoxious

(b) Auction establishment (c) Automobile body shop (d) Automobile repair garage (e) Automobile towing business (f) Cleaning or dyeing plant (g) Contracting yard (h) Dry cleaning and laundry plant (i) Equipment repair or servicing shop 0) Food preparation plant (k) Industrially oriented office (I) Kennel (m) Manufacturing, processing or assembly industry (n) Metal stamping establishment (o) Nightclub (p) Outdoor storage accessory to a permitted us·e in a Gl Zone (q) Parking garage or parking lot associated with a permitted use in· a

Gl Zone (r) Printing establishment (s) Recreational use (t) Recreational vehicle storage (u) Recycling depot (v) Recycling operation (w) Sales outlet (x) Service industry (y) Taxi establishment (z) Transport terminal including railway yard (aa) Underground bulk liquid storage (bb) Vehicle sales and service establishment (cc) Warehouse (dd) Wholesale distribution centre

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DS-12-339 Attachment No. 4

SECTION 17: PCC - PLANNED COMMERCIAL CENTRE ZONES

17.1 PERMITTED USES

17.1.1 No person shall within any PCC Zone use any land or erect or use any building or structure for any purpose or use other than the uses listed below:

(a) Adult secondary school (b) Animal hospital (c) Apartment building (d) Art gallery (e) Automobile rental establishment (f) Automobile repair garage (g) Brew your own operation (h) Church (i) Cinema 0) Club (k) Commercial recreation establishment (I) Commercial school (m) Day care centre (n) Financial institution (o) Flat (p) Funeral home (q) Home for the aged (r) Hotel (s) Merchandise service shop (t) Museum (u) Nursing home (v) Office (w) Personal service establishment (x) Printing establishment (y) Private school (z) Restaurant (aa) Retail store (bb) Retirement home (cc) Studio (dd) Tavern (ee) Theatre

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