The Regional Munic ipality of Durham

Planning and Economic Development Department

Planning Division

605 ROSSlAND RD E 4TH FLOOR PO BOX623 WHITBY ON L 1 N 6A3 CANADA 905-668-7711 1-800-372-11 02 Fax 905-666-6208 Email planningdurhamca

wwwdurhamca

AL Georgieff MCIP RPP Commissioner of Planning and Economic Development

June 12 201 4

Ms S Krane Clerk City of Oshawa 50 Centre Street South Oshawa ON L 1 H 3Z7

Re Regional Comments on an Application to Remove Part Lot Control at 15 Burk Street and 205 King Street West in the City of Oshawa File PLC 2013-07 Commissioners Report No 2014-P-39

Ms Krane at their meeting held on June 10 2014 the Durham Regional Planning amp Economic Development Committee considered the above matter

Enclosed for your information is a copy of Commissioners Report No 2014-P-39 Should you have any questions or wish to discuss the report please contact Heather Finlay Planning Analyst at 905-668shy7711 ext 2561

Yours truly

Brian Bridgeman MCIP RPP Director Current Planning

BBmrf

Encl

Service txcel)ence for our Comm(Jnities If this information is requ ired in an accessible format please contact

the Accessibil ity Co-ordinator at 1-800-372-1102 ext 2009

The Regional Municipality of Durham To The Planning amp Economic Development Committee From Commissioner of Planning and Economic Development Report No 2014-P-39 Date June 10 2014

SUBJECT

Regional Comments on an Application to Remove Part Lot Control at 15 Burk Street and 205 King Street West in the City of Oshawa File PLC 2013-07

RECOMMENDATION

THAT Commissioners Report No 2014-P-39 be received for information

REPORT

1 PURPOSE

11 This report has been written in response to a resolution passed by the City of Oshawa Council at its meeting on February 18 2014 regarding a part lot control application for 15 Burk Street and 205 King Street West Oshawa Councils resolution asks

That Durham be requested to review whether the Region of Durhams requested environmental condition is appropriate based on the merits of the part lot control application (File PLC-2013-07) submitted by Lothoren Holdings Ltd and Leacore Holdings Ltd for 15 Burk Street and 205 King Street West and based on the interpretation and intent of the Regions approved Site Contamination Policy [Emphasis added]

2 BACKGROUND

21 The purpose of this part lot control application is to re-establish a previously existing lot line between the residential property at 15 Burk Street and the commercial property at 205 King Street West (see Attachment 1 ) According to the Citys staff report the lots merged on title as a result of the owner inadvertently placing both lots under the same ownership The City is the

Report No 2014-P-39 Page No2

approval authority for the application The Region was circulated and was asked to provide comments

22 In a letter dated October 13 2013 Durham Planning staff advised the City that the Region has no objection to the application subject to the applicant satisfying the Regions Site Contamination Protocol requirements In particular the Region s letter stated that a Phase One Environmental Site Assessment (ESA) a reliance letter and a certificate of insurance would be required as a condition of approval Additionally the Regions letter stated that if the Phase One ESA recommends a Phase Two ESA the Regions policy would also require a Record of Site Condition (RSC)

3 ANALYSIS

31 The Regions existing Site Contamination Protocol requires a Phase One ESA in situations where a Potentially Contaminating Activity (a PCA as defined under Provincial Brownfield Regulation 15304 as amended) abuts lands subject to a development application Additionally whenever a Phase One or Phase Two ESA report is submitted the Region requires a reliance letter and proof of insurance from the author of the report (a Qualified Person) as a matter of standard practice to ensure that the Region can rely on the findings of report1

32 The PCA in question is an auto repair facility located at 215 King Street West known as KP Auto Service The applicants part lot control application failed to identify the PCA in the part Lot Control application The identification of this use on the application form would have triggered the need for a Phase One ESA To date the Phase One ESA has not been prepared

A Phase One ESA is an investigation of the site which identifies past activities and its potential for contamination A Phase Two ESA is a more detailed assessment involving testing of the sites surface and sub-surface qual ities to determine its current environmental condition The legislation requires that Phase One and Two ESA reports must be completed under the supervision of a Qualified Person (QP) and that QPs have professional insurance When an ESA report is submitted in support of a planning application the Region requires a reliance letter from the QP to ensure the Region can rely on the findings of the report The Region also requires proof of insurance to protect the Region in the event legal action in relation to the report is taken

1

Report No 2014-P-39 Page No3

33 In commenting on this part lot control application Planning staff applied the Regions existing Site Contamination Protocol properly However it can also be acknowledged that since no new development and no change of use is taking place that aspect of the original condition that potentially requires the applicant to do additional environmental work beyond a Phase One ESA may no longer be considered necessary

34 The Planning Division is in the process of preparing a new Site Contamination Protocol which will be presented to the Planning amp Economic Development Committee in September of 2014 Under the proposed new Protocol if a PCA is located adjacent to a site that is the subject of a planning application which does not involve a change to a more sensitive land use and does not facilitate any physical development of the subject property only a Phase One ESA will be required Conditions requiring a Phase Two ESA and an RSC would no longer be imposed

35 To date the feedback from stakeholders involved in the Regions consultation process on the new Protocol has been supportiv~ of the proposed changes The elimination of condition requiring a Phase Two ESA and an RSC in circumstances such as the subject part lot control application would be consistent with the changes currently being contemplated

3 CONCLUSION

41 Ensuring compliance with the Provincial Brownfield Regulation is but one aspect of the Departments provincial plan review function and responsibilities Planning applications must also be in compliance with the provisions of the Planning Act the Regional Official Plan and consistent with the Provincial Policy Statement (PPS)

42 Under the Planning Act and the PPS the protection of health and safety is a matter of provincial interest The Planning Act states that matters of provincial interest must be integrated with municipal planning decisions Therefore in discharging the Regions plan review responsibilities Regional planning staff

Report No 2014-P-39 Page No4

have a responsibility to ensure that site contamination issues are considered in accordance with the provisions of the Planning Act and the PPS

43 Under the Regions proposed Site Contamination Protocol the applicant in this case would only be required to prepare a Phase One ESA prior to the approval of the application

44 A copy of this report wi ll be forwarded to the City of Oshawa for information and action as considered appropriate

AL Georgieff MCIP RPP Commissioner of Planning and Economic Development

Attachment 1 Location Map

Attachment1 Commissioners Report 2014-P-39

File PLC-2013-07 Municipality City of Oshawa

Legend

Subject Sites - bull- Municipal Boundary

metres

~ PARCEL DATA OwnershpOTeranet Inc andtlsaupplen AuewrteOIC 2014 MPACanctttbullawbuller$ ORTHOPHOTO 0 4013 Fnc BIM So4tOI$ AI ngtn~ Mtync( bereptoducedntholt ptmlampltOn TlntS nct a p lanof auvey

Report No 2014-P-39 Page No2

approval authority for the application The Region was circulated and was asked to provide comments

22 In a letter dated October 13 2013 Durham Planning staff advised the City that the Region has no objection to the application subject to the applicant satisfying the Regions Site Contamination Protocol requirements In particular the Region s letter stated that a Phase One Environmental Site Assessment (ESA) a reliance letter and a certificate of insurance would be required as a condition of approval Additionally the Regions letter stated that if the Phase One ESA recommends a Phase Two ESA the Regions policy would also require a Record of Site Condition (RSC)

3 ANALYSIS

31 The Regions existing Site Contamination Protocol requires a Phase One ESA in situations where a Potentially Contaminating Activity (a PCA as defined under Provincial Brownfield Regulation 15304 as amended) abuts lands subject to a development application Additionally whenever a Phase One or Phase Two ESA report is submitted the Region requires a reliance letter and proof of insurance from the author of the report (a Qualified Person) as a matter of standard practice to ensure that the Region can rely on the findings of report1

32 The PCA in question is an auto repair facility located at 215 King Street West known as KP Auto Service The applicants part lot control application failed to identify the PCA in the part Lot Control application The identification of this use on the application form would have triggered the need for a Phase One ESA To date the Phase One ESA has not been prepared

A Phase One ESA is an investigation of the site which identifies past activities and its potential for contamination A Phase Two ESA is a more detailed assessment involving testing of the sites surface and sub-surface qual ities to determine its current environmental condition The legislation requires that Phase One and Two ESA reports must be completed under the supervision of a Qualified Person (QP) and that QPs have professional insurance When an ESA report is submitted in support of a planning application the Region requires a reliance letter from the QP to ensure the Region can rely on the findings of the report The Region also requires proof of insurance to protect the Region in the event legal action in relation to the report is taken

1

Report No 2014-P-39 Page No3

33 In commenting on this part lot control application Planning staff applied the Regions existing Site Contamination Protocol properly However it can also be acknowledged that since no new development and no change of use is taking place that aspect of the original condition that potentially requires the applicant to do additional environmental work beyond a Phase One ESA may no longer be considered necessary

34 The Planning Division is in the process of preparing a new Site Contamination Protocol which will be presented to the Planning amp Economic Development Committee in September of 2014 Under the proposed new Protocol if a PCA is located adjacent to a site that is the subject of a planning application which does not involve a change to a more sensitive land use and does not facilitate any physical development of the subject property only a Phase One ESA will be required Conditions requiring a Phase Two ESA and an RSC would no longer be imposed

35 To date the feedback from stakeholders involved in the Regions consultation process on the new Protocol has been supportiv~ of the proposed changes The elimination of condition requiring a Phase Two ESA and an RSC in circumstances such as the subject part lot control application would be consistent with the changes currently being contemplated

3 CONCLUSION

41 Ensuring compliance with the Provincial Brownfield Regulation is but one aspect of the Departments provincial plan review function and responsibilities Planning applications must also be in compliance with the provisions of the Planning Act the Regional Official Plan and consistent with the Provincial Policy Statement (PPS)

42 Under the Planning Act and the PPS the protection of health and safety is a matter of provincial interest The Planning Act states that matters of provincial interest must be integrated with municipal planning decisions Therefore in discharging the Regions plan review responsibilities Regional planning staff

Report No 2014-P-39 Page No4

have a responsibility to ensure that site contamination issues are considered in accordance with the provisions of the Planning Act and the PPS

43 Under the Regions proposed Site Contamination Protocol the applicant in this case would only be required to prepare a Phase One ESA prior to the approval of the application

44 A copy of this report wi ll be forwarded to the City of Oshawa for information and action as considered appropriate

AL Georgieff MCIP RPP Commissioner of Planning and Economic Development

Attachment 1 Location Map

Attachment1 Commissioners Report 2014-P-39

File PLC-2013-07 Municipality City of Oshawa

Legend

Subject Sites - bull- Municipal Boundary

metres

~ PARCEL DATA OwnershpOTeranet Inc andtlsaupplen AuewrteOIC 2014 MPACanctttbullawbuller$ ORTHOPHOTO 0 4013 Fnc BIM So4tOI$ AI ngtn~ Mtync( bereptoducedntholt ptmlampltOn TlntS nct a p lanof auvey

Report No 2014-P-39 Page No3

33 In commenting on this part lot control application Planning staff applied the Regions existing Site Contamination Protocol properly However it can also be acknowledged that since no new development and no change of use is taking place that aspect of the original condition that potentially requires the applicant to do additional environmental work beyond a Phase One ESA may no longer be considered necessary

34 The Planning Division is in the process of preparing a new Site Contamination Protocol which will be presented to the Planning amp Economic Development Committee in September of 2014 Under the proposed new Protocol if a PCA is located adjacent to a site that is the subject of a planning application which does not involve a change to a more sensitive land use and does not facilitate any physical development of the subject property only a Phase One ESA will be required Conditions requiring a Phase Two ESA and an RSC would no longer be imposed

35 To date the feedback from stakeholders involved in the Regions consultation process on the new Protocol has been supportiv~ of the proposed changes The elimination of condition requiring a Phase Two ESA and an RSC in circumstances such as the subject part lot control application would be consistent with the changes currently being contemplated

3 CONCLUSION

41 Ensuring compliance with the Provincial Brownfield Regulation is but one aspect of the Departments provincial plan review function and responsibilities Planning applications must also be in compliance with the provisions of the Planning Act the Regional Official Plan and consistent with the Provincial Policy Statement (PPS)

42 Under the Planning Act and the PPS the protection of health and safety is a matter of provincial interest The Planning Act states that matters of provincial interest must be integrated with municipal planning decisions Therefore in discharging the Regions plan review responsibilities Regional planning staff

Report No 2014-P-39 Page No4

have a responsibility to ensure that site contamination issues are considered in accordance with the provisions of the Planning Act and the PPS

43 Under the Regions proposed Site Contamination Protocol the applicant in this case would only be required to prepare a Phase One ESA prior to the approval of the application

44 A copy of this report wi ll be forwarded to the City of Oshawa for information and action as considered appropriate

AL Georgieff MCIP RPP Commissioner of Planning and Economic Development

Attachment 1 Location Map

Attachment1 Commissioners Report 2014-P-39

File PLC-2013-07 Municipality City of Oshawa

Legend

Subject Sites - bull- Municipal Boundary

metres

~ PARCEL DATA OwnershpOTeranet Inc andtlsaupplen AuewrteOIC 2014 MPACanctttbullawbuller$ ORTHOPHOTO 0 4013 Fnc BIM So4tOI$ AI ngtn~ Mtync( bereptoducedntholt ptmlampltOn TlntS nct a p lanof auvey

Report No 2014-P-39 Page No4

have a responsibility to ensure that site contamination issues are considered in accordance with the provisions of the Planning Act and the PPS

43 Under the Regions proposed Site Contamination Protocol the applicant in this case would only be required to prepare a Phase One ESA prior to the approval of the application

44 A copy of this report wi ll be forwarded to the City of Oshawa for information and action as considered appropriate

AL Georgieff MCIP RPP Commissioner of Planning and Economic Development

Attachment 1 Location Map

Attachment1 Commissioners Report 2014-P-39

File PLC-2013-07 Municipality City of Oshawa

Legend

Subject Sites - bull- Municipal Boundary

metres

~ PARCEL DATA OwnershpOTeranet Inc andtlsaupplen AuewrteOIC 2014 MPACanctttbullawbuller$ ORTHOPHOTO 0 4013 Fnc BIM So4tOI$ AI ngtn~ Mtync( bereptoducedntholt ptmlampltOn TlntS nct a p lanof auvey

Attachment1 Commissioners Report 2014-P-39

File PLC-2013-07 Municipality City of Oshawa

Legend

Subject Sites - bull- Municipal Boundary

metres

~ PARCEL DATA OwnershpOTeranet Inc andtlsaupplen AuewrteOIC 2014 MPACanctttbullawbuller$ ORTHOPHOTO 0 4013 Fnc BIM So4tOI$ AI ngtn~ Mtync( bereptoducedntholt ptmlampltOn TlntS nct a p lanof auvey