City-Initiated Amendments to Zoning By-law and Amendment 223 to the City of Oshawa Official Plan
Notice of Adoption of Amendment 223 to the City of Oshawa Official Plan
In accordance with Section 17(23) of the Planning Act, R.S.O. 1990, c.P.13, as amended, please be advised that By-law 111-2024 adopting Amendment 223 to the City of Oshawa Official Plan was passed by the Council of the City of Oshawa on the 23rd day of September, 2024.
The purpose and effect of Amendment 223 to the Oshawa Official Plan is to:
- Amend Table 2, Residential Density Classification, contained in Section 2.3.2 of the Oshawa Official Plan by increasing the maximum permitted net residential density for lands within the Downtown Oshawa Urban Growth Centre from 550 units per hectare (223 u/ac.) to 1000 units per hectare (404 u/ac.) under the High Density II Residential density type, and amending Paragraph (i) of the General Representative Locational Criteria under the High Density II Residential density type by deleting the text “or at the periphery of”.
- Add a new site specific policy that would allow for a maximum net residential density of 280 units per hectare (114 u/ac.) in the form of High Density II Residential development comprised of a mix of low, medium and high-rise buildings on certain lands located west of Ritson Road South, north of Olive Avenue, municipally known as 300 to 334 Ritson Road South and 222 to 252 Olive Avenue.
- Amend Schedule ‘A’ Land Use, of the Oshawa Official Plan to change the underlying land use designation for certain lands located east of Park Road South, south of Wentworth Street West, municipally known as 501, 503 and 505 Wentworth Street West, from Industrial to Residential, due to these lands being located within an area identified as a Local Central Area which has an assigned residential density target.
Any written submissions made to Council and any oral submissions made at the public meeting were considered in making this decision.
A copy of the Official Plan Amendment and any background material is available to the public for inspection in the Economic and Development Services Department (8th Floor, Rundle Tower) at City Hall, 50 Centre Street South between the hours of 8:30 a.m. and 4:30 p.m., Monday to Friday.
The lands to which the Official Plan Amendment applies are also the subject of an associated City-initiated process under the Planning Act for amendments to the City’s Zoning By-law 60-94 under File 12-12-4741.
The proposed Official Plan Amendment is exempt from approval by the Region of Durham. The decision of Council is final if a notice of appeal is not received on or before the last day for filing a notice of appeal.
The last day for filing a notice of appeal is October 17, 2024. A notice of appeal must be filed with the City Clerk of the City of Oshawa at City Hall, 50 Centre Street South. A notice of appeal must set out the specific part of the proposed official plan amendment to which the appeal applies and the reasons for the appeal and must be accompanied by the fee required by the Ontario Land Tribunal.
Only individuals, corporations or public bodies may appeal a decision of the municipality or planning board to the Ontario Land Tribunal. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf.
No person or public body shall be added as a party to the hearing of the appeal unless, before the plan was adopted, the person or public body made oral submissions at a public meeting or written submissions to Council or, in the opinion of the Ontario Land Tribunal, there are reasonable grounds to add the person or public body as a party.
Any person or public body who has made a written request to the City of Oshawa to be notified of the proposed decision will be entitled to receive notice of the decision of the City of Oshawa.
Dated at the City of Oshawa this 27th day of September, 2024.
City Clerk
The Corporation of the City of Oshawa
50 Centre Street South
Oshawa, ON L1H 3Z7
Notice of Passing for Amendments to Zoning By-law 60-94
Take Notice that the Council of The Corporation of The City of Oshawa passed By-law Number 112-2024 on September 23, 2024 under Section 34 of the Planning Act, R.S.O. 1990.
And take notice that any person may appeal to the Ontario Land Tribunal in respect of the by-law by filing with the Clerk of The Corporation of the City of Oshawa, not later than October 17, 2024, a notice of appeal which must set out the objection to the by-law and the reasons in support of the objection. Forms and other information respecting appeals to the Ontario Land Tribunal are available on the Ontario Land Tribunal’s website at https://olt.gov.on.ca/. The appeal must be accompanied by the Ontario Land Tribunal fee payable to the "Minister of Finance".
Only individuals, corporations and public bodies may appeal a zoning by-law to the Ontario Land Tribunal. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf.
No person or public body shall be added as a party to the hearing of the appeal unless, before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Ontario Land Tribunal, there are reasonable grounds to add the person or public body as a party.
Any written submissions made to Council and any oral submissions made at the public meeting were considered in making this decision.
An Explanation of the purpose and effect of the by-law is set out below.
Further information regarding this matter may be obtained by contacting the City’s Development Services Department at 905-436-3853.
Dated at the City of Oshawa on September 27, 2024.
Mary Medeiros, City Clerk
The Corporation of the City of Oshawa
50 Centre St. S.
Oshawa, ON L1H 3Z7
____________________________________________________________________________________
Explanatory Note
Explanation of the Purpose & Effect of By-law Number 112-2024
The purpose of By-law 112-2024 is to make a number of City-initiated amendments to Zoning By-law 60-94 which consist of the following:
(a) Amending Section 2 of the Zoning By-law to include a sport simulator establishment within the definition of “Commercial Recreation Establishment”;
(b) Amending Section 2 of the Zoning By-law to add a definition for “Vapour Product Shop”;
(c) Amending Section 5 of the Zoning By-law by adding a new Subsection to implement new separation distance requirements applicable to a payday loan establishment, tattoo parlour, pawn shop, vapour product shop and/or adult use store, as well as a new separation distance between vapour product shops and certain sensitive land uses;
(d) Amending the list of permitted uses identified in Section 16 of the Zoning By-law to explicitly state that payday loan establishments are not permitted as financial institutions in the Downtown Oshawa Urban Growth Centre;
(e) Deleting Article 16.4.2 of the Zoning By-law in its entirety and replacing it with a new regulation generally stating that no tattoo parlour, pawn shop, vapour product shop, social service establishment or adult use store situated on a lot within the hatched area shown on Schedule “I” of the Zoning By-law (Downtown Oshawa Urban Growth Centre) shall be located closer than 400 metres to another lot occupied by the same use;
(f) Amending Sections 2, 27 and 29 of the Zoning By-law to add a definition for “Controlled Environment Agriculture Facility”, amend the definition of “Agriculture Use” to include a Controlled Environment Agriculture Facility, and add “Controlled Environment Agriculture Facility” as a permitted use in the PI-A (Industrial) and GI (Industrial) Zones;
(g) Amending Subsection 5.12 of the Zoning By-law to update regulations pertaining to accessory apartments (also known as additional dwelling units – A.D.U.s) to ensure that they are not constructed in areas without safe access in the event of a natural hazard emergency;
(h) Amending Section 16 of the Zoning By-law to replace the CBD (Central Business District) Zone with a new UGC (Urban Growth Centre) Zone, and amend all other references in the Zoning By-law and amend all maps, tables and exhibits to replace the CBD Zone with the UGC Zone;
(i) Amending the Zoning By-law to introduce a new UGC-A (Urban Growth Centre) Zone and UGC-B (Urban Growth Centre) Zone which will permit any use currently permitted in the CBD (Central Business District) Zone and maintain certain site specific special conditions and holding zone provisions;
(j) Amending the Zoning By-law to introduce a new UGC-C (Urban Growth Centre) Zone which will permit an apartment building, long term care facility, nursing home and retirement home and maintain existing non-residential compound zones, certain site specific special conditions and holding zone provisions;
(k) Amending Schedule “A” – Map B2 of the Zoning By-law to change the zoning of certain lands within the Downtown Oshawa Urban Growth Centre to increase opportunities for more intensive, higher density residential development;
(l) Amending Table 16.2 to implement new regulations for the UGC (Urban Growth Centre) Zones including such matters as minimum building heights, residential densities and built form, and maintain certain site specific special conditions and holding zone provisions;
(m)Adding a new Schedule “F” – Maximum Permitted Heights in the Downtown Oshawa Urban Growth Centre in the Zoning By-law;
(n) Amending Sections 39.3, 39.10 and Table 39.3B – Residential Parking Requirements, by introducing new reduced parking rates for lands in the Downtown Oshawa Urban Growth Centre and eliminating the application of separate parking rates based on tenure (i.e. rental versus condominium) for certain types of residential uses within the Downtown Oshawa Urban Growth Centre;
(o) Incorporate Schedule “D”, Downtown Parking/Loading Exempt Area as part of Zoning By-law 60-94, and amend said Schedule, by identifying the Subject Area of the schedule as “Area A” and adding additional lands to be identified as “Area B”, such that Areas A and B combined reflect the same area shown in Schedule “I”, Urban Growth Centre, with the effect of enlarging the area subject to residential parking rate reductions;
(p) Amending Section 18 of the Zoning By-law to update regulations pertaining to planned strip commercial areas, in order to provide further flexibility for developing standalone apartment buildings in PSC (Planned Strip Commercial) Zones;
(q) Amending Section 28 of the Zoning By-law to delete “eat-in restaurant” from the list of permitted uses in the SI-A(18) Zone and adding in “restaurant” to the list of permitted uses in the SI-A(18) Zone, in relation to the lands at 452, 462 and 472 Taunton Road West; and,
(r) Amending Article 38(B).2.4 of the Zoning By-law by deleting the text “and provided that in any MU-C Zone no loading space or refuse enclosure shall be permitted to the east of any building constructed within 20m of a Residential Zone”, given that MU-C (Mixed Use) Zones are now being applied on a broader basis throughout the City.
Certain proposed amendments are also subject to Amendment 223 to the Oshawa Official Plan (File 12-12-4741).
All written and oral submissions received by the City of Oshawa were considered in the making of this decision.