6:00 PM, Wed. June 9, 2021 the Committee of Adjustment will be reviewing an application for a mixed use plan at 633 Wilson Rd. N. (see location map below).
The property owner, 2532973 Ontario Inc, has submitted the application to permit a mixed-use building (residential and commercial) with variances for front and side yard setbacks. http://app.oshawa.ca/agendas/committee_of_adjustment/2021/06-09/a-2021-46%20-%20greenhill%20-%20notice.pdf
Instead of the Minimum Front Yard Depth of 6M and Minimum Exterior Side Yard Depth of 6M required by the Zoning By-law for a mixed-use building in a CC-A(2) (Convenience Commercial) Zone, the application is for a variance to 4.5M for each Minimum Depth. (See details below for CC and CC-A(2 Zoning Requirements.)
Above is a renderings for the building plan. Area residents only received a Notice of the Committee of Adjustment application on Wednesday this week and reached out to me with concerns. It seems they were unaware that the building would be mixed-use with a residential component on the second floor - at a meeting during the former Mayor John Henry's term of office, they were told it would be a one storey commercial plaza.
The plan now is for a 2 storey building with 2nd floor apartments, being approx. 20,000 total sq.ft. with 13 apartments on the 2nd floor.
I can see the problem from the area residents' perspective. The surprise that what they understood would be one storey commercial building now is planned to be to a two story commercial/residential site, raises worries for example that lighting from the parking lot may be shining into bedroom windows. With only one week to send in correspondence to the Committee of Adjustments and no meeting to have a public discussion is a concern. Usually residents are given the opportunity to speak at Committee of Adjustment meetings, but since COVID-19, unfortunately in the past year the City has made no provisions for delegations to be heard at any virtual Committee of Adjustment meeting.
If the Committee of Adjustment approves the application on June 9, there is the 20 day appeal period, and no opportunity for the area residents to voice their concerns publicly before members of Council. I am attempting to raise this matter at Monday's Development Services Committee meeting to allow a delegation to speak to area residents' concerns.
Here are answers City staff provided to my questions today: (Note the City planner for this project has indicated residents can reach out to him at 436-3311 X 2366 with their questions)
1) Lot grading - the fall from the back to the front - how much at Wilson Rd is lower than where it backs onto the houses on Eagle Ridge Dr.?
ANSWER: The change in grade from the east property line of this site to Wilson Rd N is approximately 3m.
2) How high will the retaining wall be?
ANSWER: The retaining wall on east side of the site will be 2.4m. The retaining wall on the south side tapers from 2.4m to 0.2m following the existing grades of the south property line.
3) The garbage is marked as earth bin waste system, which I assume is the sunk in the ground types. So will there be any garbage sheds too? It is not clear what the storage corner at the south east corner will be used for. Do you have any specs/literature on the earth bin waste system?
ANSWER: There will not be any other waste storage areas. The applicant is showing snow storage in the south east corner of the site. They have identified this area to be used to pile snow in the winter. I have attached the applicant’s detail of the proposed earth bin for your information.
To the concern about back up beeps for loading and off loading - I tried to point out that the 2-2way access egress points from Wilson and Greenhill should lessen back up beeps. Is that fair to say?
ANSWER: It appears that the waste collection vehicle would come in one entrance and leave out the other without reversing. The loading space is required by the Zoning By-law. The actual tenants of the commercial space will determine the amount of use of the loading space, if any.
4) Has this builder/developer built in Oshawa before?
ANSWER: I do not know if the owner behind the numbered company has developed in Oshawa before.
5) Is there a exterior design rendering to show those interested?
ANSWER: Please see the attached to show anyone who is interested.
6) What are the sizes of the proposed 13 units, do they include interior apartment. laundry rooms and are any accessible?
ANSWER: As you know, the site plan approval process does not review the details of the interior design of proposed developments. However, it appears that two of the proposed thirteen flats are accessible. It also appears that each unit has a washer/dryer. These details should be confirmed with Building Services during their review of the building permit application when it comes in.
7) Are there any known prospective commercial tenants at this time?
ANSWER: The Owner has not indicated to me if they have any tenants at this time.
8) Anticipated Completion Date?
ANSWER: The Owner has not told me their proposed construction schedule. They have been prompt in returning submissions for review.
9) Concern about lot maintenance, since for years the neighbours have called the City to complain about the garbage and high weeds on the lot… the narrow landscaped area to the south and east could see more of the same litter and weeds continue.
ANSWER: The parking area will be maintained. The narrow landscaped areas are being planted with a mix of deciduous and coniferous shrubs that require little maintenance while growing into a visually pleasing landscape area.
The key locked gate to this ‘landscaped area’ may not deter use of this narrow passage as a hideaway for illegal activities.
ANSWER: The locked gate in combination with the shrub planting is intended to deter any unwanted activities. The passive surveillance of those using the parking area is also considered to be a deterrent of unwanted activities.
Why has it not been taken right to the lot line and a landscaped area be placed in front at the corner.
ANSWER: The Owner is already proposing landscaping between the building and the streets. Having this area at the top of the wall allows for the construction of the wall without impacting the existing rear yards.
10) Is the bench seating area along the north east concrete or grass?
ANSWER: The area around the proposed benches is concrete to allow for a firm and stable accessible route of travel to the benches.
Can you explain next steps in process after C of A approval (following 30 day appeal period)…is there a public meeting for site plan approval? It seems there was a public meeting a number of years ago before this term of Council, is June 9 2021 the only opportunity for area residents to have a say in the process?
ANSWER: We are not aware of any previous public meetings regarding this property. According to our records there is no previous Committee of Adjustment application for this property, nor has there been a Zoning By-law Amendment application. If the Committee of Adjustment makes a decision on June 9 on the minor variance application, there will be a 20 day appeal period before the decision is final and there will be no further public commenting on the Committee of Adjustment application.
If the Committee doesn’t make a decision and “tables” the application, the application would be expected to return to the Committee at a future meeting and anyone who provides comments before the June 9th meeting will be given notice in advance of when the application returns to the Committee. The Site Plan Approval process does not include any public meetings or advertisements.
If the Committee approves the minor variance application, Staff will continue to process the Site Plan Approval application. Given the stage that this Site Plan Approval application is at, the current proposal could be approved for construction later this year if the minor variance application is approved by the Committee of Adjustment.
Update after posting: I received a notice from the Clerk, after discussions with the Commissioner of Development Services that the City will arrange for residents to speak to the Committee of Adjustment at this Wednesday's meeting.
Email [email protected] as soon as possible with your opinion of the project and ask to speak to the committee. Include your name and phone number and when the time comes the Clerk will phone you and link you in.
Also, the City planner answered another question about lighting:
The City is addressing the car lights as we would for all commercial developments that abut existing residential, we require a solid wood fence to block the headlights. In this case, there is the added factor of the grade change that works in favour of the existing neighbouring residents. The car lights from the lower parking area will be blocked by the retaining wall in addition to the solid wood fence. The height of the light standards has not been provided. What we do know is that they are using full cut off light fixtures and that the proposed lighting levels will not spill over into the adjacent residential properties
The property owner, 2532973 Ontario Inc, has submitted the application to permit a mixed-use building (residential and commercial) with variances for front and side yard setbacks. http://app.oshawa.ca/agendas/committee_of_adjustment/2021/06-09/a-2021-46%20-%20greenhill%20-%20notice.pdf
Instead of the Minimum Front Yard Depth of 6M and Minimum Exterior Side Yard Depth of 6M required by the Zoning By-law for a mixed-use building in a CC-A(2) (Convenience Commercial) Zone, the application is for a variance to 4.5M for each Minimum Depth. (See details below for CC and CC-A(2 Zoning Requirements.)
Above is a renderings for the building plan. Area residents only received a Notice of the Committee of Adjustment application on Wednesday this week and reached out to me with concerns. It seems they were unaware that the building would be mixed-use with a residential component on the second floor - at a meeting during the former Mayor John Henry's term of office, they were told it would be a one storey commercial plaza.
The plan now is for a 2 storey building with 2nd floor apartments, being approx. 20,000 total sq.ft. with 13 apartments on the 2nd floor.
I can see the problem from the area residents' perspective. The surprise that what they understood would be one storey commercial building now is planned to be to a two story commercial/residential site, raises worries for example that lighting from the parking lot may be shining into bedroom windows. With only one week to send in correspondence to the Committee of Adjustments and no meeting to have a public discussion is a concern. Usually residents are given the opportunity to speak at Committee of Adjustment meetings, but since COVID-19, unfortunately in the past year the City has made no provisions for delegations to be heard at any virtual Committee of Adjustment meeting.
If the Committee of Adjustment approves the application on June 9, there is the 20 day appeal period, and no opportunity for the area residents to voice their concerns publicly before members of Council. I am attempting to raise this matter at Monday's Development Services Committee meeting to allow a delegation to speak to area residents' concerns.
Here are answers City staff provided to my questions today: (Note the City planner for this project has indicated residents can reach out to him at 436-3311 X 2366 with their questions)
1) Lot grading - the fall from the back to the front - how much at Wilson Rd is lower than where it backs onto the houses on Eagle Ridge Dr.?
ANSWER: The change in grade from the east property line of this site to Wilson Rd N is approximately 3m.
2) How high will the retaining wall be?
ANSWER: The retaining wall on east side of the site will be 2.4m. The retaining wall on the south side tapers from 2.4m to 0.2m following the existing grades of the south property line.
3) The garbage is marked as earth bin waste system, which I assume is the sunk in the ground types. So will there be any garbage sheds too? It is not clear what the storage corner at the south east corner will be used for. Do you have any specs/literature on the earth bin waste system?
ANSWER: There will not be any other waste storage areas. The applicant is showing snow storage in the south east corner of the site. They have identified this area to be used to pile snow in the winter. I have attached the applicant’s detail of the proposed earth bin for your information.
To the concern about back up beeps for loading and off loading - I tried to point out that the 2-2way access egress points from Wilson and Greenhill should lessen back up beeps. Is that fair to say?
ANSWER: It appears that the waste collection vehicle would come in one entrance and leave out the other without reversing. The loading space is required by the Zoning By-law. The actual tenants of the commercial space will determine the amount of use of the loading space, if any.
4) Has this builder/developer built in Oshawa before?
ANSWER: I do not know if the owner behind the numbered company has developed in Oshawa before.
5) Is there a exterior design rendering to show those interested?
ANSWER: Please see the attached to show anyone who is interested.
6) What are the sizes of the proposed 13 units, do they include interior apartment. laundry rooms and are any accessible?
ANSWER: As you know, the site plan approval process does not review the details of the interior design of proposed developments. However, it appears that two of the proposed thirteen flats are accessible. It also appears that each unit has a washer/dryer. These details should be confirmed with Building Services during their review of the building permit application when it comes in.
7) Are there any known prospective commercial tenants at this time?
ANSWER: The Owner has not indicated to me if they have any tenants at this time.
8) Anticipated Completion Date?
ANSWER: The Owner has not told me their proposed construction schedule. They have been prompt in returning submissions for review.
9) Concern about lot maintenance, since for years the neighbours have called the City to complain about the garbage and high weeds on the lot… the narrow landscaped area to the south and east could see more of the same litter and weeds continue.
ANSWER: The parking area will be maintained. The narrow landscaped areas are being planted with a mix of deciduous and coniferous shrubs that require little maintenance while growing into a visually pleasing landscape area.
The key locked gate to this ‘landscaped area’ may not deter use of this narrow passage as a hideaway for illegal activities.
ANSWER: The locked gate in combination with the shrub planting is intended to deter any unwanted activities. The passive surveillance of those using the parking area is also considered to be a deterrent of unwanted activities.
Why has it not been taken right to the lot line and a landscaped area be placed in front at the corner.
ANSWER: The Owner is already proposing landscaping between the building and the streets. Having this area at the top of the wall allows for the construction of the wall without impacting the existing rear yards.
10) Is the bench seating area along the north east concrete or grass?
ANSWER: The area around the proposed benches is concrete to allow for a firm and stable accessible route of travel to the benches.
Can you explain next steps in process after C of A approval (following 30 day appeal period)…is there a public meeting for site plan approval? It seems there was a public meeting a number of years ago before this term of Council, is June 9 2021 the only opportunity for area residents to have a say in the process?
ANSWER: We are not aware of any previous public meetings regarding this property. According to our records there is no previous Committee of Adjustment application for this property, nor has there been a Zoning By-law Amendment application. If the Committee of Adjustment makes a decision on June 9 on the minor variance application, there will be a 20 day appeal period before the decision is final and there will be no further public commenting on the Committee of Adjustment application.
If the Committee doesn’t make a decision and “tables” the application, the application would be expected to return to the Committee at a future meeting and anyone who provides comments before the June 9th meeting will be given notice in advance of when the application returns to the Committee. The Site Plan Approval process does not include any public meetings or advertisements.
If the Committee approves the minor variance application, Staff will continue to process the Site Plan Approval application. Given the stage that this Site Plan Approval application is at, the current proposal could be approved for construction later this year if the minor variance application is approved by the Committee of Adjustment.
Update after posting: I received a notice from the Clerk, after discussions with the Commissioner of Development Services that the City will arrange for residents to speak to the Committee of Adjustment at this Wednesday's meeting.
Email [email protected] as soon as possible with your opinion of the project and ask to speak to the committee. Include your name and phone number and when the time comes the Clerk will phone you and link you in.
Also, the City planner answered another question about lighting:
The City is addressing the car lights as we would for all commercial developments that abut existing residential, we require a solid wood fence to block the headlights. In this case, there is the added factor of the grade change that works in favour of the existing neighbouring residents. The car lights from the lower parking area will be blocked by the retaining wall in addition to the solid wood fence. The height of the light standards has not been provided. What we do know is that they are using full cut off light fixtures and that the proposed lighting levels will not spill over into the adjacent residential properties
