Report

To: Development Services Committee Item: Date of Report: DS-11-329 September 7, 201 1

From: Commissioner, Development File: Date of Meeting:

Services Department S-0-20 1 1 -0 1 September 12,201 1

Subject: Application for Approval of Draft Plan of Subdivision S-0-2011-01 South side of north leg of Niagara Drive, east of Niagara Park PUBLIC REPORT

Country Gate Homes Limited

1.0 PURPOSE

The purpose of this report is to provide a recommendation on an application submitted by Country Gate Homes Limited for approval of a draft plan of subdivision consisting of 32 lots for single detached dwellings on a proposed crescent local road.

Attachment No. 1 is a map showing the location of the subject site and the existing zoning in the area.

Attachment No. 2 is a copy of proposed draft plan of subdivision S-0-2011-01 submitted by the applicant.

On June 20, 201 1 a public meeting was held in respect to the subject application. At its conclusion, the Development Services Committee adopted a recommendation to refer the application back to staff for further review and the preparation of a subsequent report and recommendation. The minutes of the public meeting form Attachment No. 3 to this report.

2.0 RECOMMENDATION

That the Development Services Committee recommend to Council:

That, pursuant to Report DS-11-329 dated September 7, 201 1, the application submitted by Country Gate Homes Limited for approval of draft plan of subdivision S-0-2011-01 to permit 32 lots for single detached dwellings and a new local road on lands located on the south side of the north leg of Niagara Drive and east of Niagara Park be approved subject to the conditions as set out in Attachment No. 4 to said Report.

3.0 EXECUTIVE SUMMARY

The subject application conforms to the Oshawa Official Plan and the Samac Secondary Plan. The proposed lots comply with the existing R1-C (Residential) zoning for the subject site.

Report to the Development Item: DS-11-329 Services Committee (Continued) - 2 - Meeting Date: September 12, 201 1

The subject site is not required by the Durham District School Board for an elementary school as originally planned.

The draft plan of subdivision represents appropriate development on the subject site that is in keeping with the character of the surrounding low density residential neighbourhood.

It is recommended that the subject application be approved subject to conditions as set out in Attachment No. 4.

4.0 INPUT FROM OTHER SOURCES

4.1 Other Departments and Agencies

9 No department or agency that provided comments has any objection to the subject application. Certain technical issues and requirements related to the proposed development have been identified and can be resolved during the further processing of the application, if the application is approved.

4.2 Public Comments

4.2.1 Minutes of Public Meeting

9 The minutes of the public meeting concerning the subject application form Attachment No. 3 to this report.

4.2.2 Rental of New Homes

P Several area residents have raised concerns regarding the possibility of the new single detached dwellings being used for student rental accommodation.

9 Some residents have asked that there be a restriction that would ensure that no rental license be allowed to be issued in this new subdivision.

9 Country Gate Homes Ltd. intends to develop the site in accordance with the existing R1-C (Residential) zoning which permits only single detached dwellings.

9 Development Services believes it is inappropriate to control rental housing in a subdivision agreement.

4.2.3 Street Name

9 A City resident has suggested that the new local road be named after a Canadian post- secondary institution in the same manner as other roads in the general area (i.e. Ryerson Crescent and Sheridan Street).

9 Staff agree and recommend that a street name be used consistent with the universitylcollege street name theme for this area.

Report to the Development Item: DS-11-329 Services Committee (Continued) - 3 - Meeting Date: September 12, 201 1

4.3 Auditor General

9 The Auditor General has no comment.

5.0 ANALYSIS

5.1 Background

P The subject site is located on the south side of the north leg of Niagara Drive, east of Niagara Park (see Attachment No. 1).

9 The subject site was created in 1999 and was originally intended to be a public elementary school site. The school board no longer has any interest in the site.

P The following is background information concerning the subject application:

/ Existing I Req uestedlProposed Oshawa Official Plan Residential No change Designation Samac Secondary Plan Community Use - Public No change Designation Elementary School Zoning By-law No. 60-94 Rl-C (Residential)/CIN No change

(Community Institutional) Use Vacant land 32 single detached

1 1 dwellings on a proposed 1/ crescent local road

9 Adjacent Land Uses:

North Single detached dwellings across Niagara Drive fronting onto Niagara Drive and Dalhousie Crescent and vacant commercial lands fronting onto Niagara Drive and Simcoe Street North

South Single detached dwellings fronting onto McGill Court East A single detached dwelling fronting onto Niagara Drive and a parking lot

fronting onto Simcoe Street North. However the MU-B (Mixed Use) zoning to the east permits a range of residential, commercial and institutional uses.

West Niagara Park

P Proposed Development Details:

Gross Area of Draft Plan 2.0 ha (4.94 ac.) Area Devoted to Single Detached Dwellings 1.44 ha (3.56 ac.) Number of Single Detached Dwellings 32 with a minimum lot frontage of 13.5

m (44.3 ft.) Net Residential Density of Single Detached 22.2 ulha (9.0 ulac.) Dwellings

Report to the Development Item: DS-11-329 Services Committee (Continued) - 4 - Meeting Date: September 12, 201 1

P In 2009 Country Gate Homes Limited submitted applications to amend the Samac Secondary Plan and Zoning By-law No. 60-94 to permit eight apartment buildings on the site with a total of 95 apartment units. The units were intended to be marketed to students attending Durham College and the University of Ontario Institute of Technology (UOIT). Country Gate Homes Limited withdrew these applications in June 201 0.

P On April 27, 201 0 City Council approved the Student Accommodation Strategy. One of the approved recommendations is as follows:

"Recommendation No. 3: That UOIT and Durham College cooperate with the City to investigate the sale and use of the current UOIT and Durham College parking lot on Simcoe Street North between the two legs of Niagara Drive for student housing and the acquisition by the City of all or part of the current vacant school site owned by Country Gate Homes for a park addition in light of the additional density that will develop in the Simcoe Street corridor."

P In February 201 1 staff provided the Development Services Committee and Council with an update on the results of the Student Accommodation Strategy as part of the Annual Housing Monitoring Report. With respect to Recommendation No. 3 above it was noted that:

Durham College had accepted a conditional offer to purchase the parking lot site from a commercial developer; and Country Gate Homes is not interested in selling the vacant school site to the City.

5.2 Oshawa Official Plan and the Samac Secondary Plan

P The subject site is designated as Residential in the Oshawa Official Plan. The Oshawa Official Plan specifies, in part, that areas designated as Residential shall be predominately used for residential dwellings.

P The Oshawa Official Plan also specifies that other land uses may be permitted in areas designated as Residential such as community uses including schools, churches, nursing homes, homes for the aged, day care centres and libraries, that by nature of their activity, scale and design are compatible with residential uses, parks, open space and recreational uses having a community or neighbourhood level service area, convenience commercial centres, limited office, retail and personal service uses, convenience stores, home occupation uses and group homes.

P The subject site is designated as Community Use - Public Elementary School in the Samac Secondary Plan.

P Section 6.10 of the Samac Secondary Plan specifies that when a site designated for Community Uses is not required or is no longer needed for Community Use activities, the site may be used for Low Density Residential development, or redevelopment, without requiring an amendment to the Secondary Plan.

Report to the Development Item: DS-I 1-329 Services Committee (Continued) - 5 - Meeting Date: September 12, 201 1

9 The Durham District School Board has no interest in developing an elementary school on the site.

9 Low Density Residential uses are permitted at a net residential density up to 30 units per hectare (12 ulac.) according to the Samac Secondary Plan. The proposed density in the draft plan of subdivision is 22.2 units per hectare (9 ulac.).

9 Niagara Park to the west of the subject site is designated as a Neighbourhood Park in the Samac Secondary Plan.

9 Niagara Drive is designated as a Collector Road in the Oshawa Official Plan and Samac Secondary Plan. Simcoe Street North to the east of the subject site is designated as a Type "By'Arterial Road in the Oshawa Official Plan and Samac Secondary Plan.

9 The subject draft plan of subdivision conforms with the Oshawa Official Plan and the Samac Secondary Plan.

5.3 Zoning By-law No. 60-94

9 The subject lands are zoned R1-C (Residential)/ClN (Community Institutional) in Zoning By-law No. 60-94.

9 The R1-C (Residential) Zone permits single detached dwellings. The CIN (Community Institutional) Zone permits the following uses:

Assembly hall Children's shelter Church Club, excluding a nightclub Day care centre Elementary school Private school Secondary school

9 The R1-C Zone requires each single detached lot to have a minimum lot frontage of 13.5 metres (44.3 ft.) and a minimum lot area of 405 square metres (4,359.5 sq. ft.). The applicant's consultant advises that all of the proposed lots meet the minimum lot frontage and lot area requirements of the zoning by-law.

9 An amendment to Zoning By-law No. 60-94 is not required to implement the proposed draft plan of subdivision.

9 If the subject application is approved, staff recommend that the City initiate an amendment to Zoning By-law No. 60-94 to remove the CIN (Community Institutional) zoning during the next available round of technical and administrative updates to the zoning by-law.

Report to the Development Item: DS-11-329 services Committee (continued) - 6 - Meeting Date: September 12, 2011

5.4 Subdivision Design Considerations

3 The proposed draft plan of subdivision shows 32 lots for single detached dwellings on a proposed crescent local road (see Attachment No. 2).

3 The west leg of the proposed crescent local road will directly abut Niagara Park. Eight single detached dwellings will front onto the other side of this "window road" facing the park. This design will provide greater "passive policing" of activities in the park.

3 Detailed design matters will be reviewed during the further processing of this application to ensure compliance with the City's Landscape Design Policies and other policies, if the subject application is approved.

P The Planning Act allows the City to require up to 5% of the area of the draft plan to be conveyed to the City as parkland and/or accept cash-in-lieu of parkland. The subject site was part of draft plan of subdivision 1871-85028 which included lands on Niagara Drive, Dalhousie Crescent, Concordia Court and a portion of McGill Court. Niagara Park was conveyed to the City as the parkland dedication for draft plan 18T-85028. Therefore, parkland dedication and/or cash-in-lieu of parkland are not permitted for proposed draft plan of subdivision S-0-2011-01.

3 This Department has no objection to the approval of the proposed draft plan subject to the recommended conditions which are included in Attachment No. 4 to this report.

5.5 Basis for Recommendation

P This Department has no objection to the approval of the subject application for the following key reasons:

(a) The proposed development conforms with the Oshawa Official Plan, Samac Secondary Plan and Zoning By-law No. 60-94.

(b) The proposed development is consistent with the Provincial Policy Statement and conforms with the Provincial Growth Plan.

(c) The design of the subdivision is appropriate for the site and the proposed development is compatible with existing and planned surrounding land uses.

(d) The proposed low density residential development is located in the interior of a residential neighbourhood road adjacent to an existing neighbourhood park and is close to public transit services on Simcoe Street North.

(e) The subject site is not required by the Durham District School Board for an elementary school.

(f) The proposed development represents good planning.

Report to the Development Item: DS-11-329 Services Committee (Continued) - 7 - Meeting Date: September 12, 201 1

6.0 FINANCIAL IMPLICATIONS

9 There are no financial implications.

7.0 RESPONSE TO THE COMMUNITY STRATEGIC PLAN

9 Approval of the subject application would advance Goal B (A Green and Sustainable Community) of the City's Community Strategic Plan by managing growth and using land wisely.

if- \Paul Ralph, B.E.S., RPP, Director Planning Services

Thomas B. Hodgi ., M.A., RPP, Commissioner Development services Department

DSIc Attachments

OSP

Application for Approval of Draft Plan of Subdivision south side of north leg of Niagara Dr, east of Niagara Park S-0-2011-01

Attachment No. 3 DS-11-329

Development Services Committee Minutes - 1 6 - June 20,201 1

DS-11-247 Application for Approval of Draft Plan of Subdivision, S-0-2011-01, South Side of North Leg of Niagara Drive, East of Niagara Park, Country Gate Homes Limited

Glen Genge, Planning Consultant, D.G. Biddle and Associates Limited addressed the Committee on behalf of Country Gate Homes Limited providing an overview of the application for approval of Draft Plan of Subdivision S-0-2011-01 on the south side of the north leg of Niagara Drive, east of Niagara Park, noting the Draft Plan of Subdivision consists of 32 lots for single-detached dwellings on a proposed crescent local road. The delegate noted the original proposal was to permit eight apartment buildings on the site that were intended to be marketed to students, but after receiving public comments on the application, the original application was withdrawn, noting the proposed Draft Plan of Subdivision is intended to be a residential subdivision for single-detached family homes. Glen Genge advised Country Gate Homes Limited is not interested in selling the land to the City for parkland at this time and would like to proceed with the development of the subdivision.

The Committee questioned Glenn Genge.

The Chair asked if any members of the public wanted to address the Committee concerning the application.

Duane Dorfman addressed the Committee questioning if Country Gate Homes Limited would be building the homes or if the lots would be sold to other builders and questioning if the City could impose a restriction to ensure that all 32 single-detached homes are built by one builder to ensure the subdivision is developed in a timely manner.

The Committee questioned the Commissioner, Development Services.

Ken Syrett addressed the Committee questioning if the landlords on Dalhousie Crescent were successful at the Ontario Municipal Board at obtaining a 'shared accommodation' designation, if Country Gate Homes Limited would pursue a similar zoning designation to market their homes to students. Ken Syrett also questioned if the City could impose a restriction that would ensure that no homes in the new subdivision by Country Gate Homes Limited would be issued a rental license.

The Committee questioned the Commissioner, Development Services.

No further public comments were received.

Moved by Councillor Pidwerbecki,

"That the application submitted by Country Gate Homes Limited for approval of Draft Plan of Subdivision S-0-2011-01 for 32 single-detached lots on a proposed crescent local road south of the north leg of Niagara Drive, east of Niagara Park 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." CARRIED

DS-11-329 Attachment No. 4

City of Oshawa Conditions of Approval for Draft Plan of Subdivision S-0-2011-01

(a) That the subdivider enter into a subdivision agreement with the City to ensure the fulfillment of the City's requirements, financially and otherwise.

(b) That this development comply with the City's Landscape Design Policies, as amended on March 21, 1988. Without limiting the generality of the foregoing, the following shall be undertaken by the subdivider to the satisfaction of, and at no cost, to the City:

(i) The preparation of a Subdivision Landscape Plan(s) including a plan which identifies features within Niagara Park (i.e. benches, waste receptacles, lighting, walkways, playground equipment) and their relation to the new development to ensure that there is no conflict or disruptions to existing park amenities and users during or after required grading and site servicing works;

(ii) The protection of existing site featureslpark features, as appropriate, during the course of subdivision development; a tree protection plan shall be prepared, as appropriate, and shall be coordinated with the gradinglservicing plans; a statement from the Landscape Architect shall certify the measures employed are appropriate to promote preservation; and

(iii) The installation of fencing and landscaping, as necessary including the installation of appropriate parkland fencing and a minimum 1.8 metre high wood privacy fence along the rear lot line of Lots 17 to 26 abutting the mixed use zoned area.

(c) That the subdivider provide a walkway connecting the walkway in Niagara Park to the sidewalk in the proposed development in a location satisfactory to the City and at no cost to the City.

(d) That the subdivider deposit with the City a public lands damage deposit and monetary security in amounts to be specified in the subdivision agreement as satisfactory to the City, to ensure that the public lands are not damaged and that certain site improvements, landscaping, fencing and vegetation preservation, in accordance with the approved conditions and plans, are carried out to the satisfaction of the City.

(e) That the subdivider arrange for and pay the cost of all services required to service the plan in accordance with the policies and requirements of the City and that any additional costs for urban design features that are requested by the subdivider within or outside any road allowance shall be the responsibility of the subdivider in accordance with the policies and requirements of the City.

(f) That satisfactory arrangements be made for financing the City's share of servicing, if any, before the final plan is released for registration.

(g) That the cost of any relocation, extension, alteration, damage repair or extraordinary maintenance of existing services necessitated by this development shall be the responsibility of the subdivider.

(h) That the final plan for registration include any required Block(s) andlor the subdivider provide any easement(s) necessary to facilitate the installation of any utility services which cannot be accommodated in the City's right-of-way.

(i) That the City grant any easements andlor authorize any work required for utilities, stormwater management, including low impact development facilities, grading and servicing on City owned lands necessitated by the development of the plan or relinquish any redundant easements provided the subdivider has met all the requirements of the City, financially or otherwise.

(j) That the subdivider grant free of charge any easements required for servicing andlor overland flow purposes and such easements shall be in a location and of such widths as determined by the City and/or the Region of Durham and are to be granted upon request at any time after the draft approval of the plan by City Council.

(k) That lot grading plans and other engineering drawings be prepared in accordance with the requirements and standards of the City in effect at the time of the review and approval of the plans and drawings and that prior to the preparation of the subdivision agreement, the plans and drawings be submitted to and approved by the Development Services Department. This includes the preparation of Utility Coordination Plans to illustrate and establish a final design location of all above ground and below ground utility plant and structures to service the plan. In the event that the subdivision agreement is not executed within one (1) calendar year from the date of approval of the engineering drawings, the lot grading plans and other engineering drawings shall be resubmitted to the City for approval again prior to execution of the subdivision agreement.

(I) That all streets be designed to City standards and that corner widenings and pavement elbows on residential street(s) be incorporated to the satisfaction of the City.

(m) That any approvals which are required from the Region of Durham and any other regulatory authority for the development of this plan be obtained by the subdivider, and written confirmation of the approvals shall be provided to the City.

(n) That this development comply with the City Council policies with respect to stormwater management in subdivisions and with the City of Oshawa Interim Stormwater Management Policy as adopted by City Council on 1992106101, and further, that prior to preparation of the engineering drawings, the subdivider shall prepare and submit a stormwater management planlreport to the satisfaction of the City.

(0) That the subdivision agreement allow the City to approve the location of driveway(s) on all lots if deemed necessary prior to the issuance of a building permit.

That the location of all driveways maintain a minimum one metre clearance from all above ground utility structures or other like apparatus.

That any driveway leading to a private garage on any lot fronting on a road allowance of less than 20 metres in width that does not have a City sidewalk planned for that side of the public highway shall have a minimum length of seven metres (7.0 m) from the street line to the garage and the garage shall be designed with a roll-up type garage door.

That the subdivider provide roll-up type garage doors where the front yard setback to the garage is seven metres (7.0 m) or less.

That prior to the release of the final plan for registration, the subdivider must ensure that all streets properly align with existing developments outside the limits of this plan. The subdivider shall provide written verification from an Ontario Land Surveyor or Professional Engineer that the alignment of all streets will meet the design requirements of the City.

That the subdivider submit, if required by the City, a Phase 1 Environmental Site Assessment prepared by a qualified Professional, if necessary, if the environmental conditions of the site are altered prior to registration of the plan. It is acknowledge that the subdivider has filed a Record of Site Condition for the site with the Ministry of the Environment.

That the subdivider agree in the subdivision agreement to implement the recommendations of the report, entitled "Noise Impact StudyJ' prepared by D.G. Biddle & Associates Limited dated June 201 1, which specifies noise attenuation measures for the development, at no cost to the City. The measures shall be included in the subdivision agreement and must also contain a full and complete reference to the noise report (i.e. author, title, date and any revisionsladdenda) and shall include any required warning clauses identified in the report.

That the subdivider retain a qualified professional to prepare a groundwater investigation study to assess any potential for the formation of calcium carbonate build-up in the foundation drains and service connections within the draft plan, and provide appropriate remedial measures following the general directions provided in Golder Associates Limited Report, entitled "Investigation of Calcium Carbonate Formation within Foundation Drain Systems, Northwood Ridge Subdivision, City of Oshawa, dated March 2007", if deemed necessary at no cost to the City and to the satisfaction of the Director, Engineering Services. If it is determined to be necessary, the subdivider shall change the overall design of this development to the satisfaction of the Director, Engineering Services to address any calcium carbonate issue.

That the land within the draft plan shall not be unreasonably graded, filled or stripped except in compliance with the City's Site Alteration By-law 85-2006 or in advance of building activity, so as to cause dust and increased stormwater runoff from the lands resulting in erosion and silting of roads, services, valley lands, creeks and privately owned property. As part of the engineering drawing submission, the subdivider shall submit an erosion and siltation control plan to be implemented and maintained with the grading and construction activity of the lands. The plan shall indicate the means

whereby stormwater runoff and sedimentation from the site will be controlled and shall be implemented and maintained by the subdivider during the construction of services and the house building program. In the event building activity is not commenced following completion of underground services, the subdivider will undertake to revegetate any area that has been graded, filled or stripped. Any cost incurred by the City for cleaning, repairing or reconstructing damaged services as a result of stormwater runoff shall be the responsibility of the subdivider.

(x) That the subdivider shall incorporate Low Impact Development techniqueslfeatures and bear the cost of all necessary works to the satisfaction of the Director, Engineering Services in conjunction with the submission of the engineering design drawings for this development.

(y) That the subdivider revise the draft plan or reflect any changes on the final plan, as necessary, to the satisfaction of the City to accommodate any unforeseen technical issues which arise during the review of the final engineering drawings. Required revisions may include reducing the number of residential building lots and reconfiguring the roads andlor lots to the City's satisfaction.

(z) That the subdivider provide a fixed payment to the satisfaction of the City (10% of the estimated cost of the construction item) to provide for the long term maintenance and repairs of items such as enhancements to fences, which exceed the standards normally required by the City for City purposes and which are requested by the subdivider.

(aa) That the engineering drawings be coordinated with the streetscapelarchitectural control guidelines and further that the engineering plans shall coordinate the driveways, street hardware and street trees to ensure that conflicts do not exist, asphalt is minimized and street trees are accommodated.

(bb) That the street be named to the satisfaction of the City and that the street be named after a Canadian university or college consistent with the street name theme in this area.

(cc) That all lots shown on the final plan comply with the Zoning By-law.

(dd) That the subdivider prepare a soils report to the City's satisfaction and the subdivision agreement implement, as appropriate, the recommendations of the soils report, including any requirement that development on engineered fill be certified by a Professional Engineer, all to the satisfaction of the City.

(ee) That the subdivider acknowledge, in writing, prior to the submission of engineering drawings, that current City policy provides for consideration of a reduced road allowance width for local roads as appropriate and the Commissioner of Development Services reserves the final determination to require the standard 20 metre road allowance width if it is determined that the construction and/or maintenance of the public services within the road allowance is not financially or otherwise feasible.

(fF) That prior to the issuance of any building permit, the subdivider shall engage a control architect, satisfactory to the City, who will prepare streetscape/architectural control

guidelines to the City's satisfaction, approve all models offered for sale and certify that all building permit plans comply with the City approved guidelines.

(gg) That the subdivision agreement include a warning clause to all potential homeowners in the plan, through the agreement of purchase, sale or lease, that the dwelling unit is located in proximity to the Oshawa Airport and its corresponding aircraft traffic.

(hh) That this subdivision be developed in one phaselregistration.