Public Report
To:
Development Services Committee
From:
Paul D. Ralph, BES, RPP, MCIP, Commissioner,
Development Services Department
Report Number:
DS-17-71
Date of Report:
March 23, 2017
Date of Meeting:
March 27, 2017
Subject:
City-initiated Amendments to the Oshawa Official Plan, the
Windfields Part II Plan, Zoning By-law 60-94 and University and
College Area Renaissance Community Improvement Plan
File:
B-3200-1328, B-1200-0012
1.0
Purpose
The purpose of this report is to obtain Council authorization to initiate the public process
under the Planning Act for Council to consider various proposed City-initiated amendments
to:
1.
2.
3.
4.
The Oshawa Official Plan
The Windfields Part II Plan
Zoning By-law 60-94
University and College Area Renaissance Community Improvement Plan
2.0
Recommendation
That the Development Services Committee recommend to City Council:
That, pursuant to Report DS-17-71 dated March 23, 2017, the Development Services
Department be authorized to initiate the statutory public process under the Planning Act for
Council to consider proposed amendments to the Oshawa Official Plan, the Windfields
Part II Plan, Zoning By-law 60-94 and University and College Area Renaissance
Community Improvement Plan generally in accordance with Attachment 1 to said Report.
3.0
Executive Summary
Not applicable.
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Report to Development Services Committee
Meeting Date: March 27, 2017
4.0
Input From Other Sources
4.1
Public
Item: DS-17-71
Page 2
In the event Council approves the Recommendation, a public meeting will be advertised
and held, pursuant to the Planning Act, on the proposed amendments in Attachment 1.
4.2
Other Departments and Agencies
In the event Council approves the Recommendation, other departments, agencies, the
Building Industry Liaison Team (BILT) and the Durham Region Home Builders' Association
will be circulated the proposed amendments as set out in Attachment 1 for review and
comment as part of the formal amendment process.
5.0
Analysis
On June 6, 1994 Council adopted Comprehensive Zoning By-law 60-94 for the City of
Oshawa. During the process which led to the adoption of Zoning By-law 60-94, Council
was advised that this Department would regularly review and update the bylaw in order to
address any problems, keep the by-law current, user friendly and able to expedite
appropriate development.
As a result of these regular reviews and updates, Council has approved a number of Cityinitiated technical and housekeeping amendments to the Official Plan and Zoning By-law
60-94.
It is now appropriate to consider another round of City-initiated amendments to the Official
Plan and Zoning By-law to address issues which have been identified since the last
update. The proposed amendments are set out in Attachment 1 to this report.
The proposed amendments are intended to improve customer service, maintain the
currency and effectiveness of the Official Plan and Zoning By-law 60-94 and reduce the
number of Committee of Adjustment applications.
6.0
Financial Implications
Anticipated costs to the City are included in the appropriate 2017 Departmental budgets
and relate primarily to newspaper advertising costs for any public meeting and the passing
of any by-laws.
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Report to Development Services Committee
Meeting Date: March 27, 2017
7.0
Item: DS-17-71
Page 3
Relationship to the Oshawa Strategic Plan
The Recommendation advances the Accountable Leadership goal in the Oshawa Strategic
Plan.
Warren Munro, HBA, Director,
Planning Services
Paul D. Ralph, BES, RPP, MCIP, Commissioner,
Development Services Department
199
DS-17-71
Attachment 1
1.
Zoning By-law Section: 2: Definitions
Issue:
In recent years, the Ministry of Municipal Affairs and Housing has mandated that
community hub spaces defined as “schools, neighborhood centres or another public space
that offers co-located or integrated services such as education, health care and social
services” should be encouraged. The provision of space for a community hub use
provides cost recovery for underutilized portions of school buildings. Community hubs
require access to ancillary facilities such as classrooms, gymnasiums, washrooms and
storage rooms that already exist within these types of buildings. Therefore, it is
appropriate to create a definition of “Community Hub” and amend the definitions of
Elementary School and Secondary School to permit a “Community Hub” use within a
school.
Proposed Amendment:
(a) Add a new definition of Community Hub to Section 2 that would read as follows:
““COMMUNITY HUB” means a school, a neighborhood centre or another public space
that offers co-located or integrated services such as education, health care and social
services.”
(b) Amend the definition of Elementary School by adding the words “, and may also include
an accessory community hub as a subordinate use to the school.” after the word
“education” such that the definition of Elementary School reads as follows:
““ELEMENTARY SCHOOL” means a school, under the jurisdiction of any School
Board created by the Province of Ontario, used primarily for the instruction of students
receiving primary education, and may also include an accessory community hub as a
subordinate use to the school.”
(c) Amend the definition of Secondary School by adding the words “, and may also include
an accessory community hub as a subordinate use to the school.” after the word
“school” at the end of the definition such that the definition of Secondary School reads
as follows:
““SECONDARY SCHOOL” means a school, under the jurisdiction of any School Board
created by the Province of Ontario, used primarily for the instruction of students
receiving secondary education, and shall also include an Adult Secondary School, and
may also include an accessory community hub as a subordinate use to the school.”
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2.
Zoning By-law Section: 2: Definitions
Issue:
In recent years, the provision of Homes for the aged, Nursing homes and Retirement
homes has gained popularity with an ever-increasing aging population. The City and the
Region have become increasingly aware of meeting minimum density targets to comply
with Provincial, Regional and City policies. Currently the definition of Density means the
ratio between the number of dwelling units located or proposed to be located on a lot and
the lot area, expressed in units per hectare. In the application of this definition, the number
of dwelling units permitted shall be rounded to the nearest whole number. The definition of
a Dwelling Unit means a unit consisting of one or more rooms, containing toilet and
cooking facilities and is designed for use as a single housekeeping establishment. These
definitions do not allow a suite with a bedroom within a Home for the aged, Nursing home
and Retirement home to be considered a dwelling unit as they may not contain both a toilet
and cooking facilities. The definition of dwelling unit needs to be updated to include a suite
with a bedroom as a unit for the purpose of calculating density. Therefore, it is appropriate
to amend the Zoning By-law by changing the definition of “Dwelling Unit” by being able to
count a suite with a bedroom within a Home for the aged, Nursing home and Retirement
home towards density.
Proposed Amendment:
(a) Amend the definition of Dwelling Unit by adding the words “Notwithstanding the
foregoing, a suite with a bedroom within a Home for the aged, Nursing home or
Retirement home shall be considered a Dwelling Unit for purposes of calculating
Density.” after the word “establishment.”, such that the definition of Dwelling Unit would
read as follows:
““DWELLING UNIT” means a unit consisting of one or more rooms, which unit contains
toilet and cooking facilities and which is designed for use as a single housekeeping
establishment. Notwithstanding the foregoing, a suite with a bedroom within a Home
for the aged, Nursing home or Retirement home shall be considered a Dwelling Unit for
purposes of calculating Density.”
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3.
Zoning By-law Section: 2: Definitions, Section 15: Office Conversion Zones,
Section 20: Convenience Commercial Zones, Section: Maps B2 and C2
Issue:
The definition of Professional Office should be amended to include a Service Office. A
Service Office is defined as a building or part or part of a building in which one or more
persons is employed in the management, direction or conducting of a ticket agency, travel
agency, an insurance agency, a real estate agency or any similar agency. The types of
offices permitted as a service office (i.e. insurance and real estate, agencies) can also be
considered as professionals. Over the years, various planning approvals (Rezoning) have
been approved to permit a service office in areas that permit professional office are
permitted (i.e. plaza at Grandview Street North and Rossland Road East). Therefore, it is
appropriate to amend the Zoning By-law to amend the definition of Professional Office to
also include Service Office.
Proposed Amendment:
(a) Amend the definition of Professional Office by adding the words “service office” after
the letter “a” and before the words “support office” such that the definition of
Professional Office would read as follows:
““PROFESSIONAL OFFICE” means a building or a part of a building where
professionally qualified persons and their staff provide services to clients or patients
and shall only include a service office, a support office, a clinic, a medical office, the
offices of a lawyer, an architect, an engineer, an accountant, a planner or a surveyor.”
(b) Delete Item 15.3.9(1)(b).
(c) Delete Sentence 20.3.4(1) and renumber the remaining sentence.
4.
Zoning By-law Section 39: Parking and Loading
Issue:
Through the development approval process staff determined that when a development
proposal includes four (4) or more business establishments it is considered a Shopping
Centre for the purposes of calculating the required number of parking spaces in
accordance with Table 39.3A – Non-Residential Parking Requirements.
In cases where the business establishments include a hotel and a self-serve storage
building, the required parking should in those instances be in accordance with the use and
not the Shopping Centre parking rate.
Therefore, Table 39.3A should be amended.
Proposed Amendment:
(a) Amend Table 39.3A – Non-Residential Parking Requirements by amending the 37th,
38th and 39th rows, Shopping Centre with less than 2,800m2 of gross floor area,
shopping centre with 2,800m2 to 28,000m2 of gross floor area and Shopping Centre
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with more than 28,000m2 of gross floor area by inserting the following after the word
“foregoing”:
“and provided further that where a shopping centre includes a hotel or self-serve
storage building, the individual parking requirement for these uses shall apply.”
5.
Zoning By-law Section: 5: Uses Permitted in Certain Zones
Issue:
The City recently updated the Oshawa Official Plan through the adoption of OPA 179.
OPA 179 included the deletion of the minimum distance separations for group homes
within the City. Therefore, it is appropriate to amend the Zoning By-law by deleting the
regulation requiring that group homes be separated a minimum of 500 metres to conform
with the Official Plan.
Proposed Amendment:
(a) Delete Article 5.2.4 which is the regulation requiring all types of group homes to be
separated by a minimum of 500m and re-number the subsequent Articles appropriately.
6.
Zoning By-law Section: 16: Central Business District Zones
Issue:
The City recently updated the Oshawa Official Plan through OPA 179, which included a
variety of changes. OPA 179 designated the downtown as the Downtown Oshawa Urban
Growth Centre and increased the maximum permitted residential density from 300 dwelling
units per hectare to 550 dwelling units per hectare. Therefore, it is appropriate to amend
the Zoning By-law to permit a maximum of 550 dwelling units per hectare in the Central
Business District Zones.
Proposed Amendment:
(a) Amend Table 16.2 – Regulations for CBD Zones by amending the second row Maximum Density – dwelling units per hectare, first column – CBD-A and second
column – CBD-B, by deleting the current number “300” in both columns and replacing
with the number “550” in both columns.
7.
Zoning By-law Section: 20: Convenience Commercial Zones,
Section: Maps B1 & C1
Issue:
The City issued a Request for Expressions of Interest to develop and operate a marina at
the Oshawa Harbour. Adding convenience commercial uses to lands on the north side of
Harbour Road will increase the development options. A mix of uses in this area is
desirable as the marina and harbour lands are envisioned to be a mixed use development
providing places for persons to live and work according to the Oshawa Official Plan.
Therefore, it is appropriate to amend the Zoning By-law to permit Convenience
Commercial uses on the north side of Harbour Road between Simcoe Street South and
Montgomery Creek subject to such uses being part of a mixed use building. The CC-A
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Zone permits day care centre, flat, peddle, personal service establishment, private school,
professional office, retail store and restaurant.
Proposed Amendment:
(a) Add a new Article 20.3.5 and Sentence 20.3.5(1) that would read as follows:
“20.3.5
CC-A(4) Zone (Lands on the north side of Harbor Road between Simcoe
Street North and the Montgomery Creek)
20.3.5(1) Notwithstanding any other provisions of this By-law to the contrary, in any
CC-A (4) Zone, as shown on Schedule “A” to this By-law, CC-A commercial
uses are only permitted in conjunction with a residential use in the form of a
mixed use building fronting onto Harbour Road.”
(b) Amend Zoning Maps B1 and C1.
8.
Official Plan Section: Land Use and Road Plan Schedule A of the Windfields
Part II Plan, Zoning By-law: Section: Maps A4 and North Half
Issue:
In September 2014, the subject lands at the southwest corner of Dance Act Drive and
Thoroughbred Street were rezoned from AG-A (Agricultural) to CIN/R6-B(7) (Community
Institutional/Residential). One of the conditions of the draft plan approval of the
subdivision required the owner to go through a process of offering the land for sale in the
anticipation that a religious or other community organization would purchase the lands and
establish a place of worship or other community use. The process included hiring a real
estate broker, listing the property on MLS for one year, the posting of signage on site for
one year, accepting any reasonable offer. If a deal could not be reached to sell the land
the owner would have to have their real estate broker prepare a report on how the site was
marketed and what level of activity was received, including any offers and why the offers
did not materialize. All of the requirements were met, and a deal was not reached to sell
the property. Therefore, it is appropriate to amend the Windfields Part II Plan by deleting
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the CU - Community Use symbol and amend Zoning By-law 60-94 by deleting the CIN
(Community Institutional) Zoning.
Proposed Amendment:
(a) Amend Schedule A Windfields Land Use and Road Plan of the Windfields Part II Plan
(b) Amend Zoning Maps A4 and North Half
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9.
Official Plan Section: 2: Land Use Policies, Section: 9: Implementation
Issue:
The Smart Growth for Our Communities Act, 2015 (Bill 73) received Royal Assent on
December 3, 2015. Bill 73 included changes to the Planning Act and the Development
Charges Act. Changes to the Planning Act resulting from the legislation came into force
on July 1, 2016. These changes were undertaken to:






Help municipalities fund growth;
Give residents a greater, more meaningful say in how their communities grow;
Protect and promote green spaces;
Make the development charges system more predictable, transparent and accountable;
Make the planning and appeals process more predictable; and,
Give municipalities more independence and make it easier to resolve disputes.
One of the amendments to the Planning Act changed the rate at which parkland dedication
can be required from 1 hectare per 300 units (2.47 ac. per 300 units) to 1 hectare per
500 units (2.47 ac. per 500 units).
Therefore, the Official Plan needs to be amended to be consistent with the Planning Act by
altering the rate used to calculate the requirement for parkland dedication, adding
reference to the draft plans of condominium and subdivision when seeking input from City
residents and landowners and adding a new Policy acknowledging how to consider built
form. An amendment to the Parkland Dedication By-law 91-2007 is also required.
Proposed Amendment:
(a) Amend Sentence 2.6.3.2 of Policy 2.6.3 by deleting the works “300 dwelling units per
hectare” from the fifth line and replacing with the words “500 dwelling units per hectare”
such that the maximum potential calculation of parkland dedication is updated.
(b) Amend Policy 9.12.2 of Subsection 9.12 by adding the words “,draft plans of
condominium and subdivision” after the words “zoning by-laws” in the fourth sentence
such that Policy 9.12.2 would read as follows:
“9.12.2
The City may hold public information meetings or undertake other
appropriate measures to inform and seek input from City residents and
landowners when Part II Plans, Community Improvement Plans, zoning bylaws, draft plans of condominium and subdivision, or amendments to this
Plan are being formulated.”
(c) Adding a new Section 9.17 and Policy 9.17.1 that would read as follows:
“9.17
Built Form
9.17.1
The City shall have regard to built form that is well designed, encourages a
sense of place and provides for public places that are of high quality, safe,
accessible, attractive and vibrant.”
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10.
Zoning By-law: Section 3: Determining Zone Boundaries, Section: Maps A1
and A2
Issue:
The subject lands are the western half of the Fox Street road allowance between
Champlain Avenue and the realigned Fox Street and a parcel of land, on the west side of
Fox Street municipally known as 576 Fox Street. The lands are underutilized and currently
zoned UR (Urban Reserve) which limits the development potential. Therefore, it is
appropriate to amend the Zoning By-law Maps A1 and A2 by changing the zoning from UR
(Urban Reserve) to SPC-A(9)”h-44” (Special Purpose Commercial) to allow for a broader
list of permitted uses that may result in redevelopment of the site.
Proposed Amendment:
(a) Amend Subsection 3.8 by introducing a new Article 3.8.13 to read as follows:
“3.8.13
Notwithstanding Article 3.8.6 to the contrary, the boundaries of the SPC-A(9)
“h-44” Zone for the former Fox Street road allowance on the west side of Fox
Street, north of Champlain Avenue shall be interpreted as being to the
western limit of the former Fox Street road allowance rather than the
centreline of the road allowance.”
(b) Amend Zoning Maps A1 and A2.
11.
Zoning By-law: Section: Map A2
Issue:
The subject site is located on the northwest corner of Bond Street West and Gladstone
Avenue municipally known as 222 Bond Street West. The lands are privately owned, are
occupied by an existing building that was previously used as a printing establishment, but
is now currently vacant. The subject site is currently zoned R1-C/EU (Residential/Existing
Use) which was put in place in 1994. However, over the past 23 years an Owner has not
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come forward to use the site for residential uses and the EU use (previously a printing
establishment) has ceased. The former use of the site, and the location and size of the
existing building results in it being difficult to establish a single detached dwelling use on
the site. Therefore, it is appropriate to amend the Zoning By-law Map A2 by changing the
zoning from R1-C/EU (Residential/Existing Use) to R1-C/CC-A (Residential/Convenience
Commercial) allow for a broader list of permitted uses that may result in repurposing the
use of the existing building on the subject site. The CC-A Zone permits day care centre,
flat, peddle, personal service establishment, private school, professional office, retail store
and restaurant.
Proposed Amendment:
(a) Amend Zoning Map A2.
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12.
Zoning By-law: Section: Map A2
Issue:
The subject site is located on the north side of King Street West, east of Thornton Road
North and north of 708-710 King Street West. Through a development approval process
an apartment building was approved and constructed at 708-710 King Street West.
Through that development approval process the City acquired lands (wooded area) that
form part of the open space system. Therefore, it is appropriate to amend the Zoning bylaw Map A2 from R2/R4-A/R6-B/SO-B (Residential/Specialized Office) to OSH (Hazard
Lands Open Space) to reflect the current ownership and use of the lands.
Proposed Amendment:
(a) Amend Zoning Map A2.
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13.
Zoning By-law: Section: Maps A4 and North Half
Issue:
The City recently updated the Oshawa Official Plan through OPA 179, which included a
variety of changes. OPA 179 redesignated, in the Part I Plan, an area north of Windfields
Farm Drive West generally adjacent to the Hydro corridor from Industrial to Residential.
OPA 179 also amended the Windfields Part II Plan by expanding the boundary of the Part
II Plan to include this area and implementing Medium I Residential and Low Density
Residential designations. The subject lands are currently zoned UR (Urban Reserve) and
designated as Medium Density I Residential. With the Official Plan now updated it is
appropriate to amend the Zoning By-law Maps A4 and North Half from UR (Urban
Reserve) zoning to R4-A (Residential) to permit block townhouse dwellings.
Proposed Amendment:
(a) Amend Zoning Maps A4 and North Half.
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14.
Zoning By-law: Section: Map B2
Issue:
The subject site is located on the northwest corner of Simcoe Street South and Fairbanks
Street municipally known as 310 Simcoe Street South. The lands are privately owned and
are occupied by an existing office building. The subject site is currently zoned SO-A
(Specialized Office) which was put in place in 1994 and permits professional offices.
Simcoe Street South is a Regional road. It is appropriate to amend the Zoning By-law Map
B2 from SO-A (Specialized Office) to SO-B (Specialized Office) to allow for a broader list
of permitted uses that may result in redevelopment of the subject site. The SO-B Zone
permits day care centre, flat, office, personal service establishment, private school and
studio.
Proposed Amendment:
(a) Amend Zoning Map B2.
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15.
Zoning By-law: Section: Map B2
Issue:
The subject lands are located on the north side of McGrigor Street, between Centre Street
South and Simcoe Street South municipally known as 20 and 32 McGrigor Street. The
lands are privately owned and are occupied by existing buildings. The subject sites are
currently zoned R2/R3-A/R6-B/R7-A (Residential). The Zoning was approved in 1994 and
permits a range of residential uses. The intended use of the subject lands is for a Place of
Worship and uses related to the existing Mosque at 26 McGrigor Street. Therefore, it is
appropriate to amend the Zoning By-law Map B2 from R2/R3-A/R6-B/R7-A (Residential) to
R2/R3-A/R6-B/R7-A/CIN(6) (Residential/Community Institutional) to reflect the intended
use of the lands.
Proposed Amendment:
(a) Amend Zoning Map B2.
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16.
Zoning By-law: Section: Map B3
Issue:
The subject site is located west of Simcoe Street North on the north side of Beatrice Street
West municipally known as 20 Beatrice Street West. Through a development approval
process an apartment building proposal was approved on lands municipally known as 24
Beatrice Street West. 20 Beatrice Street West is separated from the majority of the area
and zoned R2 (Residential). 20 Beatrice Street West is now located between lands zoned
R5-B(3) “h-63” and PSC-A (Planned Strip Commercial) both of which permit apartments.
Therefore, it is appropriate to amend the Zoning By-law from R2 (Residential) to R5-B “h63” (Residential) to also permit an apartment building.
The R5-B Zone permits single detached dwelling, semi-detached dwelling, duplex and
apartment building.
The “h-63” holding symbol requires, amongst other matters, that site plan approval be
obtained, appropriate services are provided, a noise study is completed and any
necessary cross access easements are created.
Proposed Amendment:
(a) Amend Zoning Map B3.
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17.
Zoning By-law: Section: 3 Zones and Symbols: Section: Map B3
Issue:
The subject lands are located on the north side of Taunton Road East, west of Wilson
Street North, municipally known as 496, 510 and 520 Taunton Road East. Through the
development approval process staff determined that the “h-29” holding symbol is no longer
required. The “h-29” holding symbol requires a site plan agreement to be executed. The
holding symbol was implemented to ensure a landscaping buffer was provided between
the subject lands and the residential properties on Kingsfield Loop. The subject lands are
subject to the Site Plan Control By-law when/if development is proposed. It is through that
process that the City can ensure a landscaping buffer is provided. Staff are processing
site plan applications for 496 and 510 Taunton Road East and have ensured a landscaped
buffer is to be provided. Therefore, it is appropriate to amend the Zoning By-law Map B3
by changing the zoning from PSC-A”h-29” (Planned Strip Commercial) to PSC-A (Planned
Strip Commercial) and from PSC-A”h-29”/SSC-B”h-29” (Planned Strip
Commercial/Automobile Service Station) and remove the “h-29” holding condition from
Section 3.
Proposed Amendment:
(a) Delete Sentence 3.5.2(29).
(b) Amend Zoning Map B3.
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18.
Zoning By-law: Section: Map B3 and B4
Issue:
The subject lands are municipally known as 1569 Simcoe Street North located south of
Selleck Lane. The subject lands are designated High Density I Residential in the
Secondary Plan for the Samac Community and zoned R6-C(3)/R4-A(3)/OSH(1). On
September 6, 2013 a Site Plan Agreement was registered between the owner and the City
of Oshawa to develop the subject lands with an 8 storey, 118 unit apartment building. A
previous “h” holding symbol was lifted at that time. Over the past 3 years the previous
owner did not fulfill certain obligations outlined in the Site Plan Agreement. Therefore, the
Site Plan Agreement was recently rescinded by the City at the request of the current
owner. Prior to development proceeding on the subject lands a new development
approval process will be required. Therefore, it is appropriate to add an “h-48” holding
symbol back onto the subject lands to ensure that site plan approval, servicing and other
matters are addressed for any new development.
Proposed Amendment:
(a) Amend Zoning Map B3 and B4.
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19.
Zoning By-law: Section: Map B4
Issue:
The subject site is located on the south side of Britannia Avenue East, opposite of Secreto
Court, known as Block 242, Plan 40M-2319. In September 2016 the City agreed to accept
the subject site as open space and recreation lands as the Owner was not able to develop
the lands. The lands were accepted by the City and have been transferred into City
ownership at no cost to the City. Therefore, it is appropriate to amend the Zoning By-law
Map B4 from UR (Urban Reserve) to OSH (Hazard Lands Open Space) to reflect the
current ownership and use of the lands.
Proposed Amendment:
(a) Amend Zoning Map B4.
20.
Proposed Amendments to the University and College Area Renaissance
Community Improvement Plan
Issue:
On April 27, 2010, City Council adopted the Student Accommodation Strategy. A key
recommendation of the strategy was to prepare a Community Improvement Plan (C.I.P.).
At a Planning Act public meeting held on June 14, 2010, Development Services
Committee considered a report of the Commissioner of Development Services, Item DS10-135 dated June 9, 2010 which included a proposed C.I.P. for the University and
College Areas. This proposed C.I.P. for these areas specifies:
“If 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.”
At the public meeting, a local developer requested clarity on why condominiums were
excluded from the Increased Assessment Grant program. At the conclusion of the public
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meeting, Development Services Committee referred the report back to staff for further
consideration and directed staff to report back at a Special Development Services
Committee meeting to be held on June 28, 2010.
On June 28, 2010, Development Services Committee considered Item DS-10-173 and
adopted the following resolution relating to the C.I.P.:
“That the proposed University and College Area Renaissance Community
Improvement Plan which forms Attachment No. 5 to Report DS-10-135 dated
June 9, 2010 be adopted and the necessary by-law be passed subject to the
Community Improvement policies in the Oshawa Official Plan coming into effect
and subject to appropriate revisions to ensure developers of condominium
apartment and condominium townhouse developments can also take advantage of
the increased assessment grant program included in the proposed Community
Improvement Plan.”
Council approved this recommendation.
Based on the direction of Council, staff included the following language in the C.I.P. that
was adopted by Council by By-law 68-2010:
“Any Increased Assessment Grant will provided in accordance with a grant
schedule to the registered owner of the rental property or the declarant of a
condominium property on an annual basis. The declarant is the original developer
and owner of the development.”
“In the circumstances of a condominium only, the applicant may continue to be
entitled to receive increased assessment grants provided that all future proposed
condominium owners assign the grant pursuant to Section 28(7) of the Planning
Act, prior to closing of the purchase of the condominium.”
Section 28(7) of the Planning Act states:
“For the purpose of carrying out a municipality’s community improvement plan that
has come into effect, the municipality may make grants or loans, in conformity with
the community improvement plan, to registered owners, assessed owners and
tenants of lands and buildings within the community improvement project area, and
to any person to whom such an owner or tenant has assigned the right to receive a
grant or loan, to pay for the whole or any part of the eligible costs of the community
improvement plan.”
The Urban Growth Centre C.I.P. includes the same language related to condominiums as
the University and College Area Renaissance C.I.P.
These C.I.P.’s specify that an Increased Assessment Grant can be used to reimburse the
owner, on a declining basis over a 9 year period (e.g. 90% in Year 1, 80% in Year 2, 70%
in Year 3, etc.), a portion of the increased property taxes resulting from the successful
redevelopment of the site. A grant is only paid following the completion of work, a final
successful building inspection and the payment in full of property taxes for each year.
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Council has approved a number of C.I.P. applications related to condominium projects for
Increased Assessment Grants in the Downtown and the University and College Areas.
It has become clear that the request that all future proposed condominium owners assign
the grant to the declarant (original developer) is not necessary. It was never Council’s
intent to provide a grant to a condominium unit purchaser. Council wanted to provide the
grant to the declarant (original developer that delivered the development) over the grant
period.
The assignment is also difficult for the declarant to obtain from all condominium unit
owners each year during the nine year grant period since ownership changes from year to
year and the declarant has no business relationship with the purchasers subsequent to the
first condominium owner of each unit.
The C.I.P. grant will only be paid for any condominium unit where the condominium unit
owner pays the full taxes. The grant will not be provided for any unit where the taxes are
not fully paid for that year.
On the basis of the foregoing it is recommended that the condominium assignment in the
University and College Area Renaissance C.I.P. be deleted. Once Council has provided
direction on the University and College Area Renaissance C.I.P., staff will implement a
clear and consistent language into the Urban Growth Centre C.I.P. An amendment to the
Urban Growth Centre C.I.P. is not required as the language is included only in Appendix 1.
Appendix 1 does not form part of the C.I.P. but is included for reference.
Proposed Amendment:
(a) Amend the General Terms of Grant Program in Section 4.2 by deleting the following
clause which reads as follows:
“In the circumstances of a condominium only, the applicant may continue to be entitled
to receive increased assessment grants provided that all future proposed condominium
owners assign the grant pursuant to Section 28(7) of the Planning Act, prior to closing
of the purchase of the condominium.”
(b) Amending the General Terms of Grant Program by inserting the following words into
the fifth bullet: “, including in relation to a condominium, property taxes in relation to
each unit of the condominium” and the words “to reduce or” and finally the words “any
or” such that the fifth bullet reads as follows:
“All property taxes owing for each year, including in relation to a condominium, property
taxes in relation to each unit of the condominium, 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 reduce or to terminate any or all future grant payments.”
(c) Amend the General Terms of Grant Program in Section 4.2 by adding a clause
specifying that the grant cannot be assigned to another person/company.
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