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130612 Council MIN (2)Town of Tillsonburg Minute·s of Council Meeting Date: Wednesday June 12, 2013 6:00PM Council Chambers Chair: John Lessif Review Access: e Public 0 Private MINUTES Town of Tillsonburg Council Meeting on Wednesday June 12,2013 06:00PM Council Chambers Chair: John Lessif Orders of the Day: CALL TO ORDER The meeting was called to order at 6:00 PM ATTENDANCE Mayor John Lessif Deputy Mayor Mark Renaud Councillor Dave Beres Councillor Mel Getty Councillor Marty Klein Councillor Chris Rosehart Councillor Brian Stephenson Staff: David Calder, CAO Donna Wilson, Town Clerk Steve Lund, Director of Operations David Samis, Director of Development & Communication Services Rick Cox, Director of Parks & Recreation Services Jeff Smith, Fire Chief Amber Zimmer, Deputy Clerk REGRETS Darrell Eddington, Director of Finance ADOPTION OF AGENDA Resolution No. 1: Moved By: Councillor Rosehart Seconded By: Councillor Getty 061213 RESOLVED THAT the Agenda as prepared for the Council Meeting of June 12, 2013, be adopted. "Carried" CLOSED MEETING SESSION Resolution No. 2: Page 1 ) Council would like to get regular updates from the hospital board regarding seiVices that affect our community. PUBLIC MEETINGS Deputy Mayor Renaud took over as Chair for the Public Meeting portion of the agenda at 7:22pm. 3. Committee of Adjustment Application A 02/13 [J Presented By: Development Planner, Oxford County Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and presented CASPO Report 2013-152. Opportunity was given for comments and questions. Council voiced numerous concerns to the location of the tank as residential properties are adjacent to this location. The applicant's agent, Tim Wolfe, appeared before council and requested that he speak to the matter after the public had an opportunity to speak in order that he may address their concerns. Mr. Bob Parsons appeared in opposition to the application. Mr. Parsons stated that he is concerned about the safety of the surrounding properties, including his property which is next door. Mr. Parsons also noted that it did not meet the standards and therefore should not be allowed. Mr. Parsons requested that he be given the opportunity to speak again once the applicants agent has spoken to the matter. Mr. Fred Dirchfied appeared before Council and spoke against minor variances in general. He requested that Council use extreme caution in approving any minor variance. Mr. Tim Wolfe of Sparlings Propane (applicant's agent) spoke in support of the application. Mr. Wolf stated that their propane tanks meet all industry standards. He responded to Council's concerns with respect to the Sunrise Propane explosion a few years ago in Toronto. He provided facts regarding propane tanks and their safety. He noted high standards are met and inspections are done yearly. He also noted that no matter where the tank was located on the property they would still require a variance for the height restriction. Mr. Parsons stated that his concerns have not been satisfied and that he is still concerned regarding his safety and the safety of his neighbours. Council passed the following resolutions: Resolution No. 4: Moved By: Councillor Getty Seconded By: Councillor Rosehart RESOLVED THAT the Town of Tillson burg Committee of Adjustment approve Application File A-02/13, submitted by Harnek Grewal for lands described as Part Lot 77, Plan 500 in the Town of Tillsonburg as it relates to: 1. Relief from Section 14.2, SeiVice Commercial Zone (SC) Provisions -Rear Yard, to reduce the required minimum rear yard depth from 12 m (39.37 ft) to 8 m (26.25 ft); and Page 3 Cassandra Way, the applicant, appeared in support of the application and stated that they are waiting for Ministry of Environment approval. David Knott appeared in opposition to the application with respect to noise concerns. He stated that he would like to keep the area a quiet area. James McDonald appeared before Council. He stated that he is not in support of or opposition to the application but simply has some questions. Ms. Way responded accordingly. Ms. Knott appeared before Council and spoke in opposition to the application and requested clarification regarding what would transpire on the property Mr. Gilbert answered questions regarding the daily operations of a day care. Staff provided a list of allowable uses currently for those lands in the service commercial zone. Mr. McDonald appeared once again and stated that there has been a great deal of garbage at the location and would like that to change with the new owners. The following resolution was passed: Resolution No. 5: Moved By: Councillor Getty Seconded By: Councillor Rosehart RESOLVED THAT the Council of the Town of Tillsonburg approve the application submitted byE & E Mclaughlin whereby lands consisting of Part Lot 431, Plan 500, located on the east side of King Street, south of Third Street, in the Town of Tillson burg are to be rezoned from 'Service Commercial Holding Zone (SC-H)' to 'Special Service Commercial Zone (SC-sp)' to include a day-care as an additional permitted use on the subject property. "Carried" A recess was called at 8:59pm Council resumed at 9:08pm 5. Application for Zone Change ZN 7-13-04. Podlesky, 4 Fairview Street [i) Presented By: Development Planner, Oxford County Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and presented CASPO Report2013-151. Opportunity was given for comments and questions. Council requested that Staff provide a report regarding how assessment would be affected due to the zone change and in particular with regards to the increased floor space for the business. Katherine Podlesky, the applicant, appeared in support of the application. No other persons appeared in support of or opposition to the application. The following resolution was passed. Resolution No. 6: Moved By: Councillor Klein Seconded By: Councillor Beres Page 5 \ / Resolution No. 9: Moved By: Councillor Beres Seconded By: Councillor Klein RESOLVED THAT Council receive Report CL 13-11, and Report CL 13-17 Parking Levy By-Law; FURTHER RESOLVED THAT a revised by-law to establish a special charge to be levied on certain lands be brought forward for council consideration. "Carried" OPERATIONS 11. OPS 13-16, Traffic Bylaw Amendment Report [j Presented By: Director of Operations Resolution No. 10: Moved By: Councillor Stephenson Seconded By: Councillor Beres RESOLVED THAT Council receive Report OPS 13-16 Traffic Bylaw Amendment Report; FURTHER RESOLVED THAT Council approve the proposed attached Traffic By-law Amendment. "Carried" DEVELOPMENT & COMMUNICATIONS 12. DCS 13-43, Industrial Land Update-Rokeby Road [j Presented By: Director of Development and Communications Staff to provide a report on land values and municipal land investments. Resolution No. 11: Moved By: Councillor Stephenson Seconded By: Councillor Beres RESOLVED THAT Council receive Report DCS 13-43 Industrial Land Update-Rokeby Road as information. "Carried" 13. DCS 13-46, Appointment of By-Law Enforcement Officers Q1 Presented By: Director of Development and Communications Resolution No. 12: Moved By: Councillor Getty Seconded By: Councillor Rosehart RESOLVED THAT Council receive Report DSC 13-46 Appointment of By-Law Enforcement Officers; FURTHER RESOLVED THAT Council approve the appointment By-Laws. "Carried" PARKS & RECREATION SERVICES 14. PRS 13-12, Tillsonburg Regional Trail Expansion Opportunity C1 Presented By: Director of Parks and Recreation Services Resolution No. 13: Moved By: Councillor Getty Seconded By: Councillor Rosehart RESOLVED THAT Council receive Report PRS 13-12 Tillsonburg Regional Trail Expansion Page 7 ADJOURNMENT Moved By: Councillor Klein AND RESOLVED THAT the meeting be adjourned at 10:09 PM "Carried" Approval Received: (0 of 1) Donna Wilson/Tillsonburg (Friday June 14, 2013 01:28PM) Town of Tillsonburg Page 9 MINUTES: Meeting for the Committee "Open Council" ) Review Access: Public MINUTES Town of Tillsonburg Council Meeting on Monday May 27,2013 06:00PM Council Chambers :orders of the Day: CALL TO ORDER The meeting was called to order at 6:00pm ATTENDANCE Mayor John Lessif Deputy Mayor Mark Renaud Councillor Dave Beres Councillor Mel Getty Councillor Marty Klein Councillor Chris Rosehart Councillor Brian Stephenson Staff: David Calder, CAO Donna Wilson, Town Clerk Steve Lund, Director of Operations Chair: John Lessif David Samis, Director of Development & Communication Services Darrell Eddington, Director of Finance Rick Cox, Director of Parks & Recreation Services Jeff Smith, Fire Chief Regrets:: Amber Zimmer, Deputy Clerk ADOPTION OF AGENDA It was noted that Item No. 4 has been removed from the Agenda. Resolution No. 1: Moved By: Councillor Rosehart Seconded By: Councillor Getty RESOLVE THAT the Agenda as prepared for the Council Meeting of May 27,2013, be adopted. "Carried" MOMENT OF SILENCE DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared MINUTES & BUSINESS ARISING OUT OF THE MINUTES Minutes ofthe Meeting of May 13,2013 (:'] Page 1 of6 052713 Link to Agenda: t:. http:/ /notes. town. tillsonburg.on.ca/SuiteResponse/eGenda%205. 0%20GA/eGenda50 .nsf/... 22/06/2015 ) \ MINUTES: Meeting for the Committee "Open Council" Page 3 of6 FIRE & RESCUE SERVICES 12. FRS 13-05, Ice & Water Entry Rescue Program r:J Presented By: Fire Chief FIR 13-05 Ice Water Rescue.pdf -,: Advisory Working Group Reference-052220 13135833 .pdf FIR 13-05 Attachment 3.pdf ~ Ice Water Rescue Gap-052220 13135932.pdf Council suggest that this be moved forward in a timely marmer and that if there are interest groups out there that would like to support the project that would be welcomed. Staff to provide a report prior to the next budget process regarding increased liability as a result of the program and the outcomes of two notable rescues in Sarnia and Kitchen/Waterloo area. Proposed Resolution No.5: Moved By: Councillor Getty Seconded By: Councillor Rosehart RESOLVED THAT Council receive Report FRS 13-05 Ice & Water Entry Rescue Program; FURTHER RESOLVE THAT the Fire Chief is authorized to develop an Ice & Water Entry Rescue program and report back through the 2014 budget process. "Carried" 13. CL 13-08, Special Occasion Permits r:J Presented By: Clerk Proposed Resolution No.6: Moved By: Councillor Klein Seconded By: Councillor RESOLVE THAT Council receive Report CL 13-08, Special Occasion Permits; FURTHER RESOLVE THAT an event of"municipal significance" be defined as: "An event of municipal significance is an event that would benefit the residents and communities within the Town ofTillsonburg"; AND FURTHER RESOLVE THAT only those events that meet the defmition of"municipal significance" qualifY as an event of municipal significance unless otherwise determined by the Council of the Town ofTillsonburg; AND FURTHER RESOLVE THAT all requests to designate events of "municipal significance" shall be brought before council for consideration. "Carried" 14. CL 13-11, Parking Levy By-Law r:J Presented By: Clerk Council would like clarification regarding the requirement for parking in terms of a garage included as part of that requirement. The item was deferred for further information. Resolution No.7: Moved By: Councillor Klein Seconded By: Councillor B RESOLVE THAT Council receive Report CL 13-11, Parking Levy By-Law; FURTHER RESOLVE THAT a revised by-law to establish a special charge to be levied on certain lands be brought forward for council consideration. "Deferred" http:/ /notes. town. tillsonburg.on.ca/SuiteResponse/eGenda%205. 0%20GA/eGenda5 0 .nsf/... 22/06/2015 \ ) MINUTES: Meeting for the Committee "Open Council" Page 5 of6 Moved By: Councillor Rosehart Seconded By: Councillor Getty RESOLVE THAT Council receive Report DCS 13-33, Residential Marketing Update as information. "Carried" 21. Economic Development Update (1. Presented By: Development Commissioner Council request that the Director of Development & Communication services provide a report regarding the Siemens development and the CIP application attached to that development. Council would like an update on the development of the Town owned land on Rokeby Road. Staff to provide Council with a report on the status of vacant lots in subdivisions and the status of those agreements. 22. DCS 13-39, Urban Design Consultant C. Presented By: Director of Development & Communication Services Resolution No. 14: Moved By: Councillor Klein Seconded By: Councillor Beres RESOLVE THAT Council receives report DCS 13-39, Urban Design Consultant; FURTHER RESOLVE THAT Council approve a reallocation of the Urban Design Funding in the amount of$5,000 to partner with the Business Improvement Association to retain a consultant to undertake the next step in the Urban Design Program. "Carried" PARKS & RECREATION SERVICES 23. PRS 13-10, Town ofTillsonburg Youth Leadership Grant Program C. Presented By: Director of Parks & Recreation Resolution No. 15: Moved By: Councillor Beres Seconded By: Councillor Klein RESOLVE THAT council receive Report PRS 13-10, Town ofTillsonburg Youth Leadership Grant Program; FURTHER RESOLVE THAT Council authorizes staff to implement the program. "Carried" COMMITTEE MINUTES & REPORTS 24. Committees of Council Minutes C. 25. Long Point Region Conservation Authority Minutes (I MOTIONS 26. Notice of Motion for which Previous Notice was Given. (I Resolution No. 16: Moved by Mayor Less if Seconded By: Councillor Klein RESOLVE THAT staff prepare a report on a baseball complex similar to the soccer complex; FURTHER THAT the report include partnerships with the Baseball stakeholders and other Community groups; AND FURTHER THAT the report to be presented to Council no later than the first Council meeting in November 20 13. "Carried" http://notes.town.tillsonburg.on.ca/SuiteResponse/eGenda%205.0%20GA/eGenda50.nsf/... 22/06/2015 ) Access to Care Right Care Right Time Right Place Briefing Note Audience: From: Cc Date: Subject: David Calder, Chief Administrative Officer, Town of Tillsonburg Sue McCutcheon, Access to Care Lead, South West LHIN and South West Community Care Access Centre Mike Barrett, CEO South West LHIN Crystal Houze, President and CEO TDMH and AH Natasa Veljovic, President and CEO WGH Sandra Coleman, CEO South West CCAC March 21, 2013 Access to Care for High Risk Seniors and Adults with Complex Health Needs Access to Care is an approach to care focused on supporting people, specifically seniors and adults with complex needs, in their homes for as long as possible with community supports. Access to Care empowers individuals to participate in their own care and ensure that they get the right care at the right time and in the right place. In order to accomplish this outcome, collaboration and integration across the health care system is required. The Access to Care initiative moved from planning to implementation in the fall of 2012. Implementation of the broad system-based recommendations is very complex and requires ongoing feedback, rigorous engagement and courageous decision making. As stated, the goal is to provide the right care in the right place at the right time, which when combined with local strategies, is anticipated to reduce the volume of alternate level of care days in the long term. ) Background Home First Initiative The Home First philosophy is grounded in the idea that patients and their families are more comfortable making life altering decisions in their own homes, with stable health rather than in hospital, during a medical crisis. In communities where Home First has been implemented, the South West CCAC will support discharged clients in their homes with extended home care service hours. For a defined population of clients who are very frail and require complex care in the home, individually tailored, care plans may include approximately one month of 24 hour personal support care as well as nursing support, therapy, a Nurse Practitioner and links with other community support services. Clients will be able to recuperate at home while making accommodation and care decisions from the comfort and safety of their own environment. The expected outcome for some ofthese patients is that they will be able to safely remain in their own homes longer. Assisted Living, Supportive Housing and Adult Day Program (AL/SH/ADP) The Home First approach will shift more care from hospital to community. There needs to be strong and reliable services in the community to appropriately support these clients including: more intensive home care, assisted living, supportive housing and adult day programs. A number of recommendations concerning services for the senior population have been developed and accepted by the South West LHIN Board of Directors, which has addressed some of these recommendations with increased resources. Currently, the Access to Care project team is in the process of implementing many of the recommendations outlined in the AL/SH/ ADP report while continuing to study the needs of adults with complex needs: adults with physical disabilities, acquired brain injury and HIV/AIDS. Access to Care 356 Oxford Street West London ON N6H 1 T3 Tel: 519-474-5693 Fax: 519-472-1059 £>ontario South WHl Local lleatth lnttglilllon Pfltwol'~ Rf1uuloal6'1ntfgAtlon des serviotes desant~ duSud·OUHt Cot1ne~ting you ~itll care VotrQ IIP.n aux sorn~ South West eeoc case ~~~r::~~~ ~:;•~c;, "cr1 C<!n!U! ~ Right Care Riight fime Right Pla1ce Access to Care Engagement Session with the Town of Tillson burg Wednesday, June 12, 2013 r'~ t?ontario South West Local Health Integration Network (t Connecting you with care Vofre Uen aw: ;.om~ 5ou!hWest ccac case Community Co!:!n~''!! d'acco:) Care Acces.s "u~ swm G:mrroe ::omm~Jnat.tBI~.e:s du Sud-Ouest ~ \'--'-.•,"/ ........ ~ : Access to Care Right Care Riiight lime IRi91ht Plac>e I Setting the Stage for Change Ontarids\ Action Plan For Health care setttipatlelltcare~betttlnluetromOOCMatthare601lts LET'S~ • lL "We can ;It keep spending our health dollars the way we used to.H DEB MATTHEWS] MINISTER OF HEALTH AND LONG TERM CARE "Strategies and initiatives to support people to live health~ independently and safely at home are the focus of our IHSP 2013-2016.# JEFF LOW1 BOARD CHAIR SOUTH WEST LHIN 3 ·'----/ ~/ ' Access to Can~-_:Right Ca1re Right Time Hight PlaQe In Oxford County • Oxford County Master Aging Plan in place • Committed Partners • 35% of people using Assisted Living services did not meet the provincial eligibility criteria • Adult Day Programs were 79% occupied, which is the lowest in the South West, but the demographics indicate that the demand for this service is increasing • 62% of Complex Continuing Care (CCC) beds were being used for patient care that does not meet the definition of CCC: • TDMH 92% (15 of 16 beds) • AH 76% (11 of 14 beds) • WGH 41% (13 of 33 beds) '._,_/ Statistics at Dec '11 ~ ~ : Access to Care-Right Ca1we Riight lime Hight Pla,c·e Home First Results Faye, TDMH's First HF Client • Living independently at home with her daughter and son-in-law • Fractures resulting from a fall, anticipated LTC move • 3 month hospital stay, cognitive and functional decline • Rec'd 24/7 PSW care, allied health care providers, equipment • Now receives Assisted Living services, no plans to move to LTC Home First Communities The number of patients in Hospitals who have implemented Home First have fewer patients that are designated ALC-LTC. ALC Utilization of CCC Beds '-.c/ Pre Home Post Home 80 60 40 7 Apr' May' Jun' Jul'll AUB Sep' Oct' Nov' Dec' Jan' Feb' Mar' Apr' May' Jun' Jui'U Aug' Sep' Oct' Nov' Dec' Jan' Feb' Mar 11 11 11 '11 11 11 11 11 12 12 12 12 12 12 12 12 12 12 12 13 13 '13 Oxford County Total Beds First First 63 CCC beds Dec 2011 #Beds ALC #Beds ALC TDMH 16 15 9 AH-Ingersoll 14 11 4 WGH 33 13 TBD I ( '----'~ .. ~ ,_.;_, __ , )>,~~~~,,~ li,' .::~::~::~.,?,~? ~ i Access t()c Can=· 1 Right Catre R;ightlime IRigiht Plac·e 1~' • • r;o,_t.@• " .1_,~_,1:·. !-t . ./:;.~-~' <il.~ Adult Day Programs The May 2012 report suggested increased need in funded spaces based on Oxford County demographics, but the ADP occupancy was 79%: • Oxford County ADP Occupancy was the lowest in the South West • Collaborative effort among partners to ensure --~:. ~ available spaces are well utilized. April 2013 occupancy: o Tillsonburg 97.8% o Ingersoll 77.6% ~ -'-~,~~·~· '-'-"-i ' ' ' 3 BPCIJric 4 o Woodstock 79.6% • All new clients are able to access these services through the CCAC, Coordinated Access process in partnership with the appropriate ADP Providers For Future Consideration: • Increase ADP spaces in response to demand .... . -= ·~G~ ~'""'""'" '''"" u,, P,,,,.,,." "'"'' ·"· 11.,.,, ~"', ,, .,.. A ...... ·~ ..•... ,,.""' .. ~ltl.d""-.1' "-..-· ...._/ ~· Access to (an~ Right Care Riight lime Rig1ht Pla,ce t;~c A System of Care for CCC/Rehab 62% of CCC beds are being used for patient care that does not meet the definition of CCC or the needs of the patient, (TDMH 92%, AH 76%, WGH 41%) WGH-Rehabilitation and AH-CCC are using consistent eligibility criteria and a collaborative Coordinated Access process • Discussions underway to implement Coordinated Access to WGH and TDMH, CCC beds For Future Consideration: • Realignment of resources from CCC to continue to support increased capacity in the Community TDMH 16 16 } AH-Ingersoll 14 14 38 WGH 25 33 Oxford CCC Beds I 55 I 63 38 • There are 15 Rehab beds at WGH, currently in use. • Subject to availability of Community and Long-Term Care capacity 11 c: 0 ·-') "' / "' Q) :::1 u .!2 u CL +=' "' 4: .21 ·-ex:: c Q) E ~ -.s= 0:. ~~ cr:: t(lJ :..,..,. ro u ...... ..c O'l e:::; h!i~flo~;f.Yrogether Community and Strategic Planning P. 0. Box 1614, Woodstock Ontario N4S 7Y3 Phone: 519-539-9800 • Fax: 519-537-5513 Web site: www.oxfordcountv.ca Our File: A 02/13 APPLICATION FOR MINOR VARIANCE TO: Town of Tillsonburg Committee of Adjustment OWNERS: Harnek Singh Grewal 83 Devonshire Avenue Tillsonburg ON N4G 5C3 VARIANCES REQUESTED: MEETING: REPORT NO: June 12, 2013 2013-152 Relief from Section 14.2, Service Commercial Zone (SC) Provisions -Rear Yard, to reduce the required minimum rear yard depth from 12 m (39.37 ft) to 8 m (26.25 ft); Relief from Section 14.2, Service Commercial Zone (SC) Provisions -Interior Side Yard, to reduce the required minimum interior side yard width from 4.5 m (14.76 ft) to 3m (9.8 ft); and Relief from Section 5.1.1.4-Accessory Buildings and Structures-Maximum Height, to increase the maximum permitted height from 6.0 m (19.6 ft) to 7.92 m (26 ft) to allow for the development of propane storage and dispensing area within the existing gas bar. LOCATION: The subject property is described as Part Lot 77, Plan 500 in the Town of Tillsonburg. The lands are located on the west side of Broadway Street, immediately opposite of Devonshire Avenue and are municipally known as 509 Broadway Street. BACKGROUND INFORMATION: OFFICIAL PLAN: TOWN OF TILLSON BURG ZONING BY-LAW: SURROUNDING USES: Service Commercial Service Commercial Zone (SC) Surrounding uses include existing low density residential uses to the west and the immediate south and southeast; uses to the north and northeast are primarily service commercial \ ) File No. A 02/13 Report No. 2013-152 Page3 In determining whether the variance is desirable, the plan states that the Committee shall consider: • whether there are constraints and/or restrictions due to physical or inherent conditions of the site; • whether alternative designs of the proposal are clearly not feasible or appropriate; • the concerns of adjacent owners and residents, and community in general; • whether approval would create an undesired precedent; • whether compliance with the By-law would be unreasonable or impossible and impose undue hardship on the applicant. It is the opinion of this office that the applicants' request for a reduction in required rear yard depth, interior side yard width, and increased maximum permitted height for the proposed propane storage and dispensing area meet the general purpose and intent of the policies of the Official Plan and will not set an undesired precedent. The subject lands are intended for service commercial use and the proposed development will be similar to many other service commercial developments in Tillsonburg. The proposed location has been selected in accordance with TSSA standards and the proposed development can be considered desirable development of the commercial gas bar property. Planning staff note that the storage and dispensing of propane is regulated by the Technical Safety Standards Administration and the installation of the propane facility will require a valid license from the TSSA. (d) Intent and Purpose of the Zoning By-law: The subject property is zoned Service Commercial Zone (SC) in the Town of Tillsonburg Zoning By-Law No. 3295. The SC zone provisions require a minimum rear yard depth of 12 m (39.37 ft) and interior side yard width of 4.5 m (14.76 ft), and stipulate a maximum permitted height of 6.0 m (19.6 ft) for uses accessory to a permitted use in a SC zone. The purpose of the rear yard and interior side yard setback is to ensure that buildings and structures maintain sufficient setback to provide a buffer for neighbouring properties, adequate access to the area to the rear of the main buildings for access purposes and proper area for drainage. The purpose of restricting the height of accessory buildings is to ensure they remain in scale with surrounding development and do not detract from the primary use of the subject property. The proposed propane dispensing and storage area is considered to be an accessory use of the property and will comply with the remaining requirements of the Zoning By-law. The area proposed for propane storage and dispensing was previously used for snow storage and the applicant has applied for a site plan amendment to change the snow storage area. Given that the site is designated and zoned for service commercial uses, the addition of a propane storage and dispensing tank to the existing gas bar business requiring relief of the zoning standards relating to setbacks and maximum permitted. height is considered minor in nature. The 'standard' zoning provisions for this type of development were implemented with a view to addressing a wide variety of building forms and land uses within the SC Zone and were not generally designed to address matters of public safety. The zoning standards are intended to ensure that a 'typical use' is located far enough away from the property line that the likelihood of the use having a negative impact on adjacent properties is minimized. In this particular case, planning staff are of the opinion that the separation distances and safety standards of the TSSA (being the 'technical experts' and regulating authorities for propane facilities and fuel stations) are more appropriate tools to ensure the safety of adjacent residents. ) ) File No. A 02/13 Report No. 2013-152 Page 5 purpose of allowing for the development of propane storage and dispensing area on the subject lands, subject to the following condition: i) The applicant must amend the current approved site plan for the gas bar property to reflect the additional use of the lands for propane storage and dispensing and to relocate the snow storage area to the satisfaction of the Town of Tillsonburg. Authored by: "Eric Gilbert" Eric Gilbert, MCIP, RPP Development Planner June 4, 2013 EG/eg File: A 02 13 Grewal Approved by: "Gordon Hough" Gordon K. Hough, MCIP, RPP Corporate Manager ~·1ordCounty ~~~owing stronger. .. together 63 NAD_1983_UTM_Zone_17N © County of Oxford 0 Plate 2 -Close-up View of Subject Lands with 2010 'A1f Photo & Parcel Lines File No.: A-02/13-Grewal Part Lot 77, Plan 500, Town of Tillsonburg-509 Broadway Street 32 63Meters May 17, 2013 1: 1,244 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. NOTE:THIS IS NOT A PLAN OF SURVEY '~'·,j/''q ,..-'1 \--~~---- '--, 0 ,/·( r--:-\ \_ .. : ',__.-·( . ' I , \ -----: ----\ \ \' ") . ; \ \ \. J \ ~, ';:'--'"'"_\ ,---''· /"'-: \, r~t-\ ),j ~\-.f.t-\-, : 1 I , , \---- ,, \-, ____ , 1 1 _).-r----' ,_--\. ~---j ~.:]' I~ ,-.•, ;-~ \ Legend Parcel Lines (Displays 1 :64 0 Property Boundary Notes Assessment Boundary Unit Road Municipal Boundary ) \ ) Site Inspection Photos File No. A-02/13-Grewal Figure 1-Subject Lands (facing west from Broadway Street) Figure 2-Proposed Location of Propane Storage and Dispensing Area jLILie_ ~-(iJNCI) I l. 7J ,--; ·-:-.\ .. {·t "' 1 .i-. !...; " ))" /7/~Y 1'3 ~AClt-j zs;t0 ({) fP /1!5 .Z~JZ"I}. . 1t(C1y c2) /13 [1lud 'J.''l /'13 w a_()Jsft-3 rYlow ~~ /15 ~~S/13 tclj 8) /13 !l1 14-'-( ?.-s-I I 3 /'1/1 0--L J 2--s:-}/3 lfl,qf~~)3 -fvv\ i ·1-Vr5 fYl CUj ()._s; 1 3 ' ) May 21,2013 Town of Tillsonburg, 200 Broadway, Second Floor Tillsonburg, Ontario N4G5A7 Attention: John Less if Re: PT LT 34 PL551; PT LT77 PL 500 PT 1 41R183, 509 Broadway, Town of Tillsonburg. Committee of Adjustment Dear Mr. Lessif: I am in receipt of your Notice of Public Meeting for the above application. Unfortunately I already have a previous commitment and will be unable to attend. I would like to file this letter as an official objection the proposed application and further more will object to any placement of a propane storage facility at the rear of the property. As the owner of the property directly behind the existing station I have tried to be tolerant with the excessive noise and continual disruption by the current operation. I have lived here for 22 years and have seen the change and even planted trees at the rear of my property to help with the noise. I will not stand by and have my property devalued any further and risk a further hazard to my family or my neighbours. I assume that there has already been a circulation and comments provided to you from all town departments and I am quite surprised this application has even advanced to this stage. I am not sure what the process is but would \ i company. Why would the town not allow the bullet in the front comer of the property where access is great and the risk of exposure to life and property is at its least? I suggest it is because you don't want the eyesore on the main street nor do I, but tell me what is more important risk of life and property loss or the look of the main street. At this point would you please provide me with a copy of the comments from staff on this application? The name of the TSSA representative for this area. The information the applicant submitted for application to them for his site and a proper site plan with all the relevant information required for their approval. I am available for the next step of this process but I am quite busy with a number of groups in town so as much notice as possible would be appreciated. Respectfully submitted Greg Bruckler 89 Allen Street. Tillsonburg, Ontario Cc area residents All councillors Tillsonburg News \ ) The second objection that we would like to express is the affect this unit will have on our property value. Due to the fact that our home buts up against commercial property-this tank would further negatively affect the value of our home/property. This propane unit would contribute to devaluing our property in 3 ways: 1.) Noise. It is our understanding that there is a mixing motor needed for such a unit. Motors make noise. Then there is the fill process of both the tanker that would fill the storage unit, and the unit filling smaller vessels. All this filling and emptying would mean more activity of people. More people-more noise. We DO NOT want to hear all this commotion while we are sitting in our back yard. There is already plenty sufficient noise with the car wash and gas pumps. 2.) Safety. Whether it is warranted or not, the general population stigmatizes propane to be an extremely hazardous material that brings with it many safety concerns. Concerns such as: 1) ACCESS. According to the provided sketch, and personal familiarization with the property, access to the proposed location is very restricted. In the event of some type of emergency, how are emergency personnel to access the tank to deal with whatever the issue may be? 2.) Leakage-Propane is denser than air, and in the case of a leak, will seek the lowest area to collect. Many of the abutting residences have basements that are lower than the ground surface that the propane storage tank would be sitting on. What would happen in the event of a leak in the winter time, propane settling into our basement, and the furnace igniting? 3.) Increased fire risk-propane is extremely flammable. We all know that. I want to clearly express that I am familiar with the stable properties of propane, and use the gas for my barbeque. I grew up in a home where propane was the main fuel for our household-fridge, stove, dryer, even the lights. I am comfortable with the use of propane. HOWEVER-the issue at hand is not residential use of this gas. This is commercial matter. Commercial that is directly surrounded by residential. Put the tank in an allocated industrial zone-away from residents. 4.) EXPLOSION!!! In the event of an explosion at 509 Broadway-the surrounding residences would be completely destroyed, and most likely the people in them!! This is a chance that is NOT worth taking!!!! File No. A-02/13 TOWN OF TILLSONBURG COMMITTEE OF ADJUSTMENT DECISION OF COMMITTEE Page 1 of2 WE, the undersigned members ofthe Town ofTillsonburg Committee of Adjustment, do hereby attest that the following was the decision reached by us at the meeting held on Monday June 12, 2013. OWNERS: Hamek Singh Grewal 83 Devonshire Ave Tillsonburg, ON N4G 5C3 LOCATION: APPLICANT/AGENT: PT LT 34 PL 551; PT LT 77 PL 500 PT 1 41R1831, municipally known as 509 Broadway, Town ofTillsonburg, County of Oxford. PURPOSE OF APPLICATION: An application has been received to permit the construction of a propane storage and dispensing unit. The application requires relief from Section 14.2, Service Commercial (SC) zone provisions ofthe Town of Tillson burg Zoning By-Law. The application is for relief of the minimum rear yard depth from the required 12 metres (39.37 feet) to 8 metres (26.25 feet), minimum interior side yard width from the required 4.5 metres (14.76 feet) to 3 metres (9.84 feet), and maximum permitted height from 6 metres (19.6 feet) to 7.93 metres (20 feet). DECISION: APPROVED That the Town of Tillsonburg Committee of Adjustment approve Application File A-02/13, submitted by Harnek Grewal for lands described as Part Lot 77, Plan 500 in the Town ofTillsonburg as it relates to: 1. Relief from Section 14.2, Service Commercial Zone (SC) Provisions-Rear Yard, to reduce the required minimum rear yard depth from 12m (39.37 ft) to 8 m (26.25 ft); and Relief from Section 14.2, Service Commercial Zone (SC) Provisions-Interior Side Yard, to reduce the required minimum interior side yard width from 4.5 m (14.76 ft) to 3m (9.8 ft); and Relief from Section 5 .1.1. 4-Accessory Buildings and Structures-Maximum Height, to increase the maximum permitted height from 6.0 m (19.6 ft) to 7.92 m (26ft) all for the purpose of allowing for the development of propane storage and dispensing area on the subject lands, subject to the following condition: i) The applicant must amend the current approved site plan for the gas bar property to reflect the additional use of the lands for propane storage and dispensing and to relocate the snow storage area to the satisfaction ofthe Town ofTillsonburg. Members concurring in above ruling: John Lessif Mark Renaud David Beres File: A-02/13 Date: May 31, 2013 TOWN OF TILLSONBURG COMMI'ITEE OF ADJUSTMENT NOTICE OF PuBLIC HEARING Please take notice that the following application has been submitted to the Tillsonburg Committee of Adjustment under section 45 of the Planning Act, R.S .0. 1990. Before making its decision on the application, the Committee will hold a public hearing to consider submissions from both the applicant and every other person who desires to be heard in favour of and/or against the application. The public hearing is to be held: Date: Wednesday June 12, 2013 Time: 6:00pm Location: Town Council Chambers Tillsonburg Corporate Offices, Town Centre Mall, 2nd Floor OWNERS: Harnek Singh Grewal 83 Devonshire Ave Tillsonburg, ON N4G 5C3 LOCATION: APPLICANT/AGENT: PI LT 34 PL 551; PI LT 77 PL 500 PT 1 41Rl831, municipally known as 509 Broadway, Town of Tillsonburg, County of Oxford. PURPOSE OF APPLICATION: An application has been received to permit the construction of a propane storage and dispensing unit. The application requires relief from Section 14.2, Service Commercial (SC) zone provisions of the Town ofTillsonburg Zoning By-Law. The application is for relief of the minimum rear yard depth from the required 12 metres (39.37 feet) to 8 metres (26.25 feet), minimum interior side yard width from the required 4.5 metres (14.76 feet) to 3 metres (9 .84 feet), and maximum permitted height from 6 metres (19 .6 feet) to 7.93 metres (20 feet). You are invited to present your comments regarding the application either in person at the public hearing or in writing to the Secretary-Treasurer prior to the public hearing. If you do not attend or are not represented at this meeting, the Committee may proceed in your absence and you will not be entitled to any further notice of the proceedings. If you would like a copy of the Decision of the Committee of Adjustment, please request, in writing, a "Notice of Decision" from the Secretary-Treasurer. The Notice of Decision will be mailed not later than ten days from the date of the Committee's decision. Please be advised that the Oxford County Community and Strategic Planning Department will be conducting a review of the application and if you would like a copy of the Planning Report or have any questions, please contact Eric Gilbert, Development Planner at 519-688-3009 extension 3226 or by email: egilbert@oxfordcounty.ca. Yours truly, v-~-~,:__ __ Amber~ Deputy Clerk Tillsonburg Corporate Office 200 Broadway, 2nd Floor Tillsonburg ON N4G 5A 7 S·-t()rdCount}! r ~~owing stronger. .. together Report No: CASPO 2013-150 COMMUNITY AND STRATEGIC PLANNING Council Date: June 12, 2013 To: Mayor and Members of Tillson burg Council From: Eric Gilbert, Development Planner, Community and Strategic Planning Application for Zone Change E & E Mclaughlin (ZN 7 -13-03) RECOMMENDATIONS 1. It is recommended that the Council of the Town of Tillsonburg approve the application submitted by E & E Mclaughlin whereby lands consisting of Part Lot 431, Plan 500, located on the east side of King Street, south of Third Street, in the Town of Tillsonburg are to be rezoned from 'Service Commercial Holding Zone (SC-H)' to 'Special Service Commercial Zone (SC-sp)' to include a daycare as an additional permitted use on the subject property. REPORT HIGHLIGHTS • Zone change application seeks to add a daycare as an additional permitted use in the Service Commercial Zone. • Agency circulation resulted in no concerns with the proposed development. A change of use permit will be required and MOE approval of the Record of Site Condition is required prior to the issuance of a change of use permit. • The application is consistent with Official Plan policy respecting minor institutional uses in the Service Commercial Designation. DISCUSSION Background Applicant/Owner: E & E Mclaughlin 500 Highway 3 P.O. Box428 Tillsonburg ON N4G 4H8 LOCATION: The subject lands are described as Part Lot 431, Plan 500, in the Town of Tillsonburg. The lands are located at the east side of King Street, lying between Third Street and First Street and are municipally known as 102 King Street in Tillsonburg. Page 1 of 6 Report No: CASPO 2013-150 COMMUNITY AND STRATEGIC PLANNING Council Date: June 12, 2013 experiences, on average, traffic of less than 1 train per day or 3 trains per week. Planning staff have attempted to consult with Canadian Pacific to determine what mitigation measures are appropriate for the site but have not been successful to date. Staff suggest that at a minimum, the property boundary with the railway be fenced and that if further requirements are identified by the railway or the Day Care Licensing process through the Ministry of Education, that such can be implemented through the licensing process or the building permit process if the requirements are related to noise and vibration. Planning staff are satisfied that the applicant's proposal complies with the above policy direction of the Official Plan. The re-purposing of the existing building is an appropriate redevelopment of the site. Canadian Pacific Railway has been notified of the proposed development and has been given an opportunity to comment. The subject property is in a transition area from Medium Density residential development to the west to service commercial uses to the east and vacant land to the south. Adequate parking in accordance with the provisions of the zoning by- law can be provided on site, and the boundary of the railway lands is required to be fenced. The operators will also be subject to any and all provisions of the Day Nurseries Act. ZONING BY-LAW: The subject properties are zoned 'Service Commercial Holding Zone (SC-H) in the Town of Tillsonburg Zoning By-Law No. 3295. As noted, the applicant proposes to include a daycare as an additional permitted use on the subject property. The purpose of the Holding Provision on the subject lands as outlined in Section 14.3.1 of the Zoning By-law is to ensure that lands identified as contaminated are remediated in accordance with the Ministry of the Environment requirements. The Holding Provision may be removed once MOE approval of the Record of Condition is received and the owner has entered into a site plan agreement with the Town. Permitted interim uses are existing uses, buildings and structures as the legally existed at the date of adoption of the Zoning By-law. The applicant has engaged a qualified consultant to prepare Phase 1 and Phase 2 environmental site investigations for the property. A building permit will be required to repurpose the existing building for a daycare facility and a Record of Site Condition will be required prior to the Building Permit being issued. The Record of Site Condition has been prepared and submitted to the Ministry of the Environment for the site. Staff have reviewed the proposed development and have determined that it is exempt from site plan approval under the Town's Site Plan Control By-law. The existing lot shape and building location do not comply with the provisions of the Service Commercial Zone, but are considered legal non-conforming. It is suggested that the existing lot shape and building setbacks be recognized as they currently exist. Given the proposed additional permitted use complies with the policy direction of the Official Plan and the proposed zoning by-law amendment will recognize existing deficiencies, planning staff are satisfied that the proposed zoning is appropriate from a planning perspective. AGENCY REVIEW: The development proposal was circulated to various agencies considered to have an interest in the proposal. The comments received indicated no concerns. Town Building Services indicated that a change of use permit will be required, at which time proof of compliance with Day Nurseries Act with respect to the approval of plans for an existing building to be used, altered or Page 3 of 6 Report No: CASPO 2013-150 COMMUNITY AND STRATEGIC PLANNING Council Date: June 12, 2013 ATTACHMENTS RELEVANT EXCERPTS FROM THE PROVINCIAL POLICY STATEMENT (PPS), OFFICIAL PLAN AND THE TOWN OF TILLSONBURG ZONING BY-LAW 2005 PROVINCIAL POLICY STATEMENT The 2005 Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Under Section 3 of the Planning Act, where a municipality is exercising its authority affecting a planning matter, such decisions "shall be consistent with" all policy statements issued under the Act. Section 1.1.3.3 of the PPS states that Planning authorities shall identify and promote opportunities for intensification and redevelopment where this can be accommodated taking into account existing building stock or areas, including brownfield sites, and the availability of suitable existing or planned infrastructure and public service facilities required to accommodate projected needs. Section 1.3.1 of the PPS states that planning authorities shall promote economic development and competitiveness by: • providing an appropriate mix and range of employment to meet long-term needs; • providing opportunities for a diversified economic base, including the maintenance of a range and choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses and take into account the needs of existing and future businesses; • planning for, protecting and preserving employment areas for current and future uses; and ensuring the necessary infrastructure is provided to support current and projected needs. OFFICIAL PLAN The subject lands are designated 'Service Commercial' according to the Land Use Plan for the Town of Tillsonburg, as contained in the Official Plan. Areas designated for Service Commercial use are intended to provide for a broad range of commercial uses that, for the most part, are not suited to locations within the Central Area because of their site area, access or exposure requirements or due to incompatibility or land use conflicts with residential development. In addition, sites with existing buildings and established commercial uses are permitted within this designation. It is not the intent of this policy to restrict existing commercial uses from expanding or changing uses within the context of the functional zoning category in the Town of Tillsonburg. Policies respecting minor institutional uses can be found in Section 8.5.3 of the Official Plan. Minor institutional uses such as daycare facilities are permitted in the Service Commercial and Central Area designations. The policies contained within section 3.3.3.1 of the Official Plan outline that where development is proposed adjacent to a railway line, Area Council shall require safety measures to be incorporated into the site design including measures such as building setbacks, intervening Page 5 of 6 ltl~xfprdCount~ 1/§1 growing stronger. .. together 126 NAD_1983_UTM_Zone_17N © County of Oxford 0 Plate 1 -Location Map (with Existing Zoning and Parc .. l Lines) File No.: ZN 7-13-03-E & E McLaughlin Part Lot 431, Plan 500, Tillson burg-102 King St. 63 126Meters Apri/12, 2013 1:2,488 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. NOTE:THIS IS NOT A PLAN OF SURVEY /''-_j/',t::;: ~,.) ~--\ _,_,, \· \ .. ~ ·. ---·x l-\ '---· J :;-, ..... ' \ . \ ---\ ' \ \ ) ' \ . ,,-·t., J . '-. • \ '·r·~--\ . \~/Y. \ ::,> . \ \ \· . l.,y·~--\ \ .,·"' I • > rLr-,1 \_1 \~-,{!>·,..-- '.! :r:· I ' Legend Parcel Lines (Displays 1:16 0 Boundary Lot Line Assessment Line Road Environmental Protection/Flo' Flood Fringe W. Floodway ~ Environmental Protection (EP1) ~~ Environmental Protection (EP2) Zoning Floodlines/Regulation ~ ~ 100 Year Flood Line ,.. 30 Metre Setback 8 o Conservation Authority Regulatior e 1 Regulatory Flood And Fill Lines Zoning (Displays 1 : 16000 to • Notes --.. :!: "' ill ~ 6 ..J I ~ ~ . ~ 8 ;;: :g ...._ r L\.1 b.] a: r If) SIB (919) (ll1T) It,_\_ 'i' ~ ~ p;, i ! I 10.6' 'i' ~ 5 " .. ~ ~ ~ SIB (1562) ., 'ft. 't. .'b. .. ~ blo ~!'fEr SCALE - 1 INCH = 30 FEETm I M PERl AL g~":~~~o~o~;J~Na¢RJut~~~:A~Yu~~~.f0 ~<." ..0 ~ "1o <'(n '*' '"Q ~~ 1( .p ~v. 1'\ "1f :;pQ 43•1 ~ { ' '"1).. "1~ " 0.-o c, ~·~ I iE g < I ~ 0 . 1»0 "1-t ~ P,I.N. 00028 -OOJ6 '1 1.5) 't> ..... ~~'V ~ :-<.<-> • <(-~<::l=' t, 111.1' t sr0/1f:Y 81.1/LrJINil IINI'l SIDING CXWCRf:U: FOUNDA 1lON MUNICIPAL NO. IOZ ~o\J (WIT) • --· --· -··---' •. Q,J7' WEST !!I N 79• oo· ,:nr t ~·0 'J'0\)(,j'V (.!) z: ~ bl :'I ? 11ii' ;: l.lj z 0: 1:--1~ I"' ( P.I.N. 00028 -0203 ) ~o· SECOND ~ STH£ET ( Cf.OS£0 BY SY-LAW NO. 2~92, REGJSrcRED AS INSTRUIJENr ~0-JllOI.J) P.l.N. OD028 -0248 -· ~ ~ PARr 3, PLAN 41R~4956 "-';\ '(\.)'' I I ~SIB (SU) I "'-., Lor 428 I LOT :_j ~~ ' '1 P.1.N. 00028 -02411 Plate 3 -Applicant's Survey Sketch File No.: ZN 7-13-03-E & E McLaughlin 4·JR~4958 Part Lot 431, Plan 500, Tillson burg-102 King St. C:\OSOf'T!41\WORK 201l\13-I039J.d•9· J/20/2013 2:41:15 PM, OWG To POf.pcJ 429 " ASSOOATION Of ONTARIO LANO SURVEYORS l'tANfJJIN$SI(1IF<Itl'l 1866175 & 1HIS IIUJt IS NOT VAUD IR<\miT IS AM !11BOOU OR1CIKAL COPY JSSU!O BY 111! SURWYOR .. ....._11111~1-SMIM~ SURVEYOR'S REAL PROPERTY REPOR, PLAN OF PART OF LOT 431 JUDGE'S PLAN . REGISTERED AS PLAN NO. 500 TOWN OF TILLSONBURG COUNTY OF OXFORD KIM HUSTED SURVEYING LTD . REPORT SUMMARY (TO SE READ IN CONJUNCTION Willi PLAN OF 5\JRIJEY) REGISTERfll EASEMENTS AND/OR ffiGHTIHl!'-WAY. NONo REGISTEROO ON TITlE • COMPLIANCE Willi ~UNICI'A~ OFFICIA~ PLANS ANO ZONING BY-LAWS: NOT CERllFIED BY llil5 REPORT ADDITIONAL REMARKS: PRCli'ERTY OEliCRI'TION -PART OF LOT 4J1, JUDGE'S PLAN RECISIEReo AS PLo\N NO. 500, TOWN OF 11LLSDN8URG, COUNTY OF OXFORD • ALL OF P.I.N. ODD28-00J6 -MUNICIPALLY I<NOIIN AS 1D2 KING STilEET. -BUIWINO TIES ARE MEASURED 10 fACE OF ElllSliNCI SIDING. SUBJECT PROPERTY AREA = 12~88.3 SO, FEEY AREA OF SUBJECT PROPERTY COIJEREO BY BUILDING = IBOJ sa, FEET. COVERAGE = 13~ THIS SURVEYOR'S REAL PROPERTY REPORT HAS BEEN PREPARED fOR E & E MCLAUGHLIN L TO. AND THE UNDERSIGNED ACCEPTS NO RESPONSIBIUTY I"OR USE BY OTHERS SURVEYOR'S CERTIFICATE I teRliFY lliAT (1) -THIS SURIJEY AND PLAN ARE CORIIECT AND IN ACWRDANC~ Willi lliE SURIJEY5 ACT, lHE SUR\'EYORS ACT AND 1HE LAND TITlES ACT AND lliE ~GULAliONS MADE UNOER lHEI.t (2) -lHIS SURVEY WAS COIIPLETED ON IIIE 6lll DAY OF MARCH, 701J -~AB.9t!__1~!...~2.1~-- DA TIE I<IM 5. HUSl[J) ONTARIO LAND SURIJEVOR THIS REPOIH CAN BE UPDATED BY KIM HUSTED SURVEYING LTO. HOWEVER NO AOOI110NAL PRINTS 01" THIS ORIGINAL REPORT WILL BE ISSUED SUBSEQUENT TO THE DATE OF' CERTIFICATION NOTES (I) -BEARINOS AilE ASmONOMIC AND AAE REFERRED TO IIIE EASTERN LIMIT Of ~11-iG STREET, AS SHOWN ON DEPOSITIED PLAN 41R-4958, HA'11NO A 91:1\RtiO Of N II' 02' 00" W LEGEND • Cl SIB Ill '919) '1911:1) :m> SURIJEY MONUMENT FOUND SURIJEY MONUMENT SET STANDARD IRON BAR IRON BAR W. J. HUGHES O.~.S. KIM HUSTED SURIJE'iiNO LTO. SOURCE UNKNcr.m MEA51JRED SET DEPOSITED PLAN +IR-49!16 's) 'PI) :P2) (Dl) PJ.N, DEliO TIES OEIIOTIES DEliO TIES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES OENOTIES D£NOTES DENOtES ~ JR~W HJ. ~~ SURYE'IINO Lm DAl[J) MARc;ll '11, AEGISIERED INSIRII~ENT NUMBER 41J50J PROI'ERTY IDENTIFIER HUMBER @ COPYRIGHT 2013 l<ltd HUSTED SURVEYING LTD. lliE REPRODUCTION, AL IERA liON, OR USE OF lliiS REPORT IN MiOLE OR IN PART ?ollllOUT lHE WRITTEN PERMISSION OF KIM HUliT£P SURIJE'i!NG LTD. IS SmiClL'I' PROHIBITIED KIM HUSTED SURVEYING L TO. ONTARIO LAND SURVEYOR 50 FOX ALLEY, TILLSONBURG, ONTARIO, N4<l 3P4. PHONE: 519-842-3638 fAX: 519-688-2546 PROJECT: 13-10393 REFERENCE: F.F.-a DISK No. 639 The Corporation of the Town of Tillson burg By-law Number 3. This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. READ a first and second time this 12th day of June, 2013. READ a third time and finally passed this 12th day of June, 2013. Mayor Clerk ZN 7-13-03 TOWN OF TILLSONBURG BY-LAW NUMBER __ _ EXPLANATORY NOTE The purpose of By-Law Number is to rezone PJ!)perty consisting of Part Lot 431, Plan 500, located on the east side of KirlQ Slreet s~ of Third Street (1 02 King St), in the Town ofTillsonburg to 'Special Semte Commerciaf~ne (SC-15)'. The amendment would allow for a daycarecentre as an additional permitted use in the Service Commercial Zone, and provides sie specific, provisions to recognize the location of the existing building. The Holding (H) provision has been TeiRO;ved from ~'$ubject property as a Record of Site Condition has been prepared at.d si.Jbmitle.d to thel'liE>E for the site. ,. . I ~ • • The Municipal Coun'*~(;onducting,the Pc·~~ringiecessary to consider any comments to the pmpose(l:~ne chcmge, .• plic~ approved By-Law Number ___ . The pubfichearing was held on.JUDe 12, 2013. Any person.~g furtlle£~ relativeto Zoning By-Law Number may contact~~d: · · ·· · File: ZN 7-13-03 (E & E McLaughlin Ltd) Report No: 2013-150 Ms. Donna Wilson Clerk Town of Tillson burg 200 Broadway, 2nd Floor Town Centre Mall Tillsonburg, ON N4G 5A7 Telephone: 842-9200 ZN 7-13-03-E & E Mclaughlin Site Photos Figure 1-View of Subject Lands (Facing east from King Street) Figure 2-View of Existing Building (facing north east from King Street) SH.cordCount}! r ~~owing stronger. .. together Report No: CASPO 2013-151 COMMUNITY AND STRATEGIC PLANNING Council Date: June 12, 2013 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Development Planner, Community and Strategic Planning Application for Zone Change Katherine & Michael Podlesky (ZN 7-13-04) RECOMMENDATIONS 1. It is recommended that the Council of the Town of Tillsonburg approve the application submitted by Katherine & Michael Podlesky whereby lands consisting of Part Lots 11-13, Plan 517, located on the north side of Fairview Street, east of Quarter Town Line Road, in the Town of Tillsonburg are to be rezoned from 'Low Density Residential Type 1 Zone {R1 )' to 'Special Low Density Residential Type 1 Zone {R1-sp)' to allow for a home occupation {esthetician) with a maximum gross floor area of 32.9 m2 (354 ft2) and one employee who does not reside in the single detached dwelling. REPORT HIGHLIGHTS • Zone change application seeks to increase the maximum gross floor area for a home occupation from 25 m2 (269 ff) to 32.9 m2 (354 fe}, and allow for one employee who does not reside in the single detached dwelling. • Agency circulation resulted in no concerns with the proposed development. • The application represents a minor departure from the relevant zoning provisions and is consistent with Official Plan policy respecting home occupations in low density residential areas. DISCUSSION Background Applicant/Owner: Katherine & Michael Podlesky 4 Fairview St Tillsonburg ON N4G 1A1 LOCATION: The subject lands are described as Part Lots 11-13, Plan 517, in the Town ofTillsonburg. The Page 1 of 6 Report No: CASPO 2013-151 COMMUNITY AND STRATEGIC PLANNING Council Date: June 12, 2013 use, number of employees, exterior changes to the dwelling, storage and display of materials, and signage. Planning staff are satisfied that the applicant's proposal complies with the above policy direction of the Official Plan. The home occupation is proposed to be operated within the dwelling by the owner of the property. No exterior changes or alteration to the existing dwelling is proposed. It is not expected that the home occupation will generate any adverse impacts on surrounding properties as the home occupation will be operate within the existing dwelling. Planning staff are satisfied that the scale is such that the primary use of the property will continue to be residential as intended by the Official Plan. ZONING BY-LAW: The subject properties are zoned 'Low Density Type 1 Zone (R1)' in the Town of Tillsonburg Zoning By-Law No. 3295. As noted, the applicant proposes to include modify the provisions respecting home occupations on the subject property. The applicant is seeking to establish an esthetician home occupation within the existing dwelling and is requesting approval to increase the maximum useable gross floor area for a home occupation from 25 m2 (269 fe) to 32.9 m2 (354 fe) and to allow for one additional employee who does not reside in the residence. The purpose of the home occupation provisions is to ensure that such uses remain clearly secondary to the residential use of the property and avoid negative impacts or effects on adjacent properties and dwelling units. The provisions also assist in ensuring that business activities remain primarily in the Central Area and to a lesser extent Service Commercial areas to strengthen and preserve their planned functions as the retail and business centres of the Town. Given the proposed home occupation will not result in any exterior changes or alterations to the existing dwelling, the requested increase in the maximum useable floor area is minor, and the maximum number of employees who do not reside in the dwelling will be limited to one employee, planning staff consider the proposed changes to meet the general purpose and intent of the Town Zoning By-law. AGENCY REVIEW: The development proposal was circulated to various agencies considered to have an interest in the proposal. The comments received indicated no concerns. PUBLIC CONSULTATION: Notice of the zone change application to the public and surrounding property owners was provided on May 29, 2013. No comments have been received from the public. Conclusions The application proposes to rezone the subject property to 'Special Low Density Residential Type 1 Zone (R1-sp)' to allow for a home occupation (esthetician) with an increased maximum useable gross floor area and allow for one additional employee who does not reside within the dwelling .. It is the opinion of this Office that the proposed rezoning application is consistent with the policies of the Provincial Policy Statement and is in keeping with the policies of the County Page 3 of 6 Report No: CASPO 2013-151 COMMUNITY AND STRATEGIC PLANNING Council Date: June 12, 2013 ATTACHMENTS RELEVANT EXCERPTS FROM THE PROVINCIAL POLICY STATEMENT (PPS), OFFICIAL PLAN AND THE TOWN OF TILLSONBURG ZONING BY-LAW 2005 PROVINCIAL POLICY STATEMENT The 2005 Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Under Section 3 of the Planning Act, where a municipality is exercising its authority affecting a planning matter, such decisions "shall be consistent with" all policy statements issued under the Act. Section 1.1.1 of the PPS states that healthy, liveable, and safe communities are sustained by promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term, and accommodating an appropriate range and mix of residential, employment, recreation, and open space uses to meet long-term needs. The PPS promotes appropriate development standards which facilitate intensification, redevelopment, and compact form, while maintaining appropriate levels of public health and safety. OFFICIAL PLAN The subject lands are designated 'Low Density Residential' according to the Land Use Plan for the Town of Tillsonburg, as contained in the Official Plan. Section 8.2.3.5 provides that within the Residential Areas designation an existing dwelling unit or accessory structure may be used for the purpose of a home occupation provided that: • such home occupation is a business activity which is clearly secondary to the residential use of the property; • the home occupation is carried on within the existing residential dwelling or accessory structure by a resident; • the home occupation does not generate noise, odour, traffic, or visual impacts that may have an adverse effect on adjacent properties or dwelling units. The policies also provide that the Zoning By-law may contain regulations to limit the kinds of activities to be allowed as home occupations according to the type of dwelling unit and will establish standards relating to matters such as the scale of use, extensions to buildings, parking facilities, number of employees, exterior storage or display of goods, signage and other evidence of the business activity from outside the property, residential dwelling or accessory structure. TOWN OF TILLSONBURG ZONING BY-LAW Permitted uses within the 'Low Density Residential Type 1 Zone (R1)' zone include single detached dwellings and home occupations, in accordance with Section 5. 13 of the Zoning By- law. Page 5 of 6 ti.'\[qrdCount~ '$!' growing stronger. .. together 125 NAD_1983_UTM_Zone_17N © County of Oxford 0 Plate 1 ·Location Map (with Existing Zoning and Pit,.;el Lines) File No.: ZN 7-13-04· Katherine Podlesky Part Lots 11-13, Plan 517, Tillsonburg-4 Fairview St. 62 125Meters April 30, 2013 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. NOTE:THIS IS NOT A PLAN OF SURVEY . ~~·. ~..--L~-~\-.. ( .... ~, -----x I , ' .. -·/ /:\>\ . \. • \~· ~\ \ \ ' \;d·-~-) <' ~'' ·--. \1 ,( .\ ·. \ ,!,,>' I \·~ 11 . \ \ I .\ . \, ~1-r·-·-_., \ \ )/'/ '< 'I . "'' _) d/) t_l ~--(.;'•/ .. - '.' : io ! \ , .. -- Legend Parcel Lines (Displays 1 :64 0 Boundary Lot Line Assessment Line Road Environmental Protection/Flo• Flood Fringe ~ Floodway ~ Environmental Protection (EP1) ~~ Environmental Protection (EP2) Zoning Floodlines/Regulation ~ ~ 100 Year Flood Line o. 30 Metre Setback • • Conservation Authority Regulatior e 1 Regulatory Flood And Fill Lines [gJ Zoning (Displays 1:16000 to· Notes THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER ___ _ A By-Law to amend Zoning By-Law Number 3295, as amended. WHEREAS the Municipal Council of the Corporation of the Town of Tillsonburg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporatioll of the Town of Tillson burg, enacts as follows: 1. That Schedule "A" to By-Law Number 3295:" as amended, is hereby amended by changing to 'R 1-13' tl'le zone symbol of the lands so designated 'R1-13' on Schedule "A"~ched hereto_ 2. That Section 6.5 to By-Law N~r 3295, as amended is hereby further amended by adding the following ~ection atthe end thereof: "6.5.13 LOCATION: NOIIlti SIDE OF FAIRVfEW STREET (PICRT LOTS 11-13, PLAN 517f~l3. 6.5.13.1 Notwithstanding any @WvisiOn§,~ this By4...aw to the contrary, no persoa~within anyll?'!-13 Z~~E;! anyiEJt or erect, alter, or use any 11J#IIiffrf[l~f§tructur&fl¥ ~~-.except in accordance with the following pi'~ions: . •_c;:· · .• 6.5.13.1.1 PROVIS'JO)iS -~:!:JOME-OCCUPATION (ESTHETICIAN) ~. :..~ c '~ -- FLOORARE.~HMIT Not more -..n a ~~.!ative total of 32.9 m2 (354 ft2) of gross floor area of the ~denticit'fwe//ing unit shall be used for the purposes of iDe home ocdtipation use. 6.5.13.1.2 EMPLOYEES A maximum of one person may be employed who is not a member of the family residing on the lot. 6.5.13.2 That all of the provisions of the R1 Zone in Section 6.2 of this By- Law, as amended, shall apply; and further, that all other provisions of this By-law, as amended, that are consistent with the provisions herein shall continue to apply mutatis mutandis." 3. This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. w z -' z s 0 I- C.: SCHEDULE "A" TO BY-LAW No. __ _ PART LOTS 11, 12 AND 13 REGISTERED PLAN 517 9--s TOWN OF TILLSONBURG G\ s" L 0 T '\ (J \..- s\) s9-- i5 00 'Ol C\1 • C\10 ..-!!LO ,.-i z 1 3 --~ ~ N7&56-30E -~ 25.45 ~ \ \>--~ « \..- 5 2.5 0 i5 00 c\&Ol C\10 ..-!!LO ,.-i z N ·+· s METRES \ 1 s \ 10 \ 15 20 UJ I-C.: <( ::J 0' N7&56-30E 25.45 N7&5~30E J-~5~0~.9~--J-------------------------~------------------ ~";a' D AREA OF ZONE CHANGE TO R1-13 NOTE: ALL DIMENSIONS IN METRES ~~fJ;I/,gfJf.>:or;etha Produced By The Department of Corporate Services Information Systems ©2073 ~-~----------------~ FAIRVIEW STREET THIS IS SCHEDULE "A" TO BYLAW No. , PASSED THE __ _ DAY OF , 2013 MAYOR CLERK TRILLIUM DRIVE I' I 'I ,I ,I I, I, I, I 11 I I I w ~ z w KEY MAP EE rL-,-L~-L_,-L,--L~-Lr-_, ~r---~.-~,_~--~--+-__, 0 < ~ ~ NORTH STREET WEST r I I I I I I I~ -LANDS TO WHICH BYLAW APPLIES ~~rdCounty ~ growing stronger. .. wgctha Produced By The Department of Corporate Services Information Systems ©20 13 ·+, s METRES ----25 0 50 LIFESAVING SOCIETY• The Lifegum·ding Expe1'ts May 8111, 2013 Richard Cox Ontario Director of Parks and Recreation Tillsonburg Comm. Centre 45 Hardy Avenue Tillsonburg, ON N4G 3W9 Dear Richard, Congratulations! The Town ofTillsonburg operated the 91h largest leadership training program per capita and the 3rd largest lifesaving program in a community with a population between I 0,000 and 50,000 in Ontario for 2011. Your effot1s are reflected in the standings for the R. Bred in Stapells Cup and Scarborough Cup, as follows: R. BREDIN STAPELLS CUP: Awarded to the municipal affiliate with the largest leadership training program per .capita. 1~st Town ofEs_sex .2500 6th Town of LaSalle .0979 2nd ?'h ' Town ofHanover .1762 Municipality of Greenstone .093.1 3rd Township of Armstrong .1645 gth Town of Tillsonburg .0765 4'h Town ofRichmond Hill .1253 9th To~n of Markham .0755 5,11 Town of Carleton Place .1060 to'h Town ofHalton Hills .0644 SCARBOROUGH CUP: Awarded to the municipal affiliate with the largest lifesaving program in a community with a population between 10,000 and_SO,OOO. 1st Town ofEssex 12,756 2nd Town ofLaSalle 10,427 3rd Town ofTillsonburg 7,836 4th" Township ofJ]xbridge 7,186 silt Town of 6,252 Whi.tchurch,/St<;>~ffville 6th 71h ~th 9th 101h Town of Orangeville 5,499 Loyalist Township 5,116 Haldimand County 4,404 Town of Georgina 4,258 Municipality of . 4~159 Kincardine Reg. Charity No. 10809 7270 RR0001 400 Consumers Road Toronto, Ontario M2J 1 P8 Canada Tel: 416-490-8844 Fax: 416-490;8766 E·mail: e~~perts®lifeguarding.com www.lif~savingsociety.com *~~it Muscular Dystrophy Canada May 15, 2013 Tillsonburg Fire Department Mi Dystrophie musculaireCanada C/0 John F. Kovacs, Muscular Dystrophy Canada Chairperson 19 Brock st W Tillsonburg, ON N4G 2A3 Dear John, pcot(o{/13 Since 1954, Fire Fighters have been and continue to be the backbone of Muscular Dystrophy Canada. Fire Fighters are our best ambassadors and are champions for those affected with muscular dystrophy. Last year Canadian Fire Fighters raised almost $3.2 million for Canadians affected with muscular dystrophy and we are thrilled to inform you Ontario Fire Fighters raised 40% of that amount. The combined efforts of 275 Ontario Fire Departments/Associations raised $1,251,000 during our past fiscal year which ran April1 5\ 2012-March 31 5\2013. Congratulations! Thank you to the Tillson burg Fire Department for your dedication and commitment. Your generous gift of $5,508.37 raised during your 2012 Boot Drive is helping to change the lives of those affected. Because of your support, our organization was able to assist families across Canada in the areas of support, education, equipment, advocacy and research. Fire Fighters have been a part of Muscular Dystrophy Canada for almost 60 years and have pledged their support until a cure is found. Fire Fighter fund raising continues to be our largest and most significant source of revenue and we are extremely proud to be affiliated with you. To date Canadian Fire Fighters have raised over $75 million. Thank you for your partnership and for being a part of this longstanding Fire Fighter tradition. Again, on behalf of Muscular Dystrophy Canada and the thousands of Canadians affected, thank you! Should you have any questions or if I can be of any assistance, please do not hesitate to contact me at (519) 850-8700 I 1-877-850-8720 or e-mail kerri.stocks@muscle.ca. Warmest Regards, ~ Kerri Stocks Revenue Development Coordinator CG: Mayor John Lessif1 Town of Tillsonburg London Community Office: 383 Richmond St. Suite 915, London. ON N6A 3C4 T 519.850.8700 1.877.850.8720 F 519.850.8701 W muscle.ca A SPECIAL THANKS TO FIRE FIGHTERS AND CHAPTER VOLUNTEERS FOR THEIR OUTSTANDING WORK IN MOVING MUSCLES FOR MORE THAN 50 YEARS. Taxation Charity Registration Number 110775 5837 RR0001 Title: Report No.: Author: Meeting Type: Council/Committee Date: Attachments: RECOMMENDATION STAFF REPORT CLERKS OFFICE PARKING LEVY BY-LAW CL 13-15 DONNA WILSON COUNCIL MEETING JUNE 12, 2013 BY-LAW 3735, TO DEDICATE CERTAIN RESERVES OWNED BY THE TOWN AS COLIN AVENUE RESOLVE THAT Council receive Report CL 13-15, To Dedicate Certain Reserves owned by the Town known as Colin Avenue; FURTHER RESOLVE THAT By-Law 3735 be brought forward for council consideration. EXECUTIVE SUMMARY A one foot (0.30 m) reserve was registered as Block Don Plan M-36 during the development of Trottier II in 1974. The purpose of the reserve is so future development can be reviewed through the planning process. In order for the road to continue the one foot reserve must be dedicated as a municipal highway. Hayhoe Homes is now developing the extension on Colin Avenue and it is necessary to dedicate Block D as a public highway. CONSULTATION/COMMUNICATION The development has been reviewed through the planning process as a plan of subdivision. FINANCIAL IMPACT/FUNDING SOURCE All registration costs will be that of the developer. APPROVALS Author Name/Signature DONNA WILSON DATE: MAY 23,2013 CAO/Signature DATE: Finance Name/Signature DATE: 1 Cl CAO TilE CORPORATION OF TilE TOWN OF Tll.LSONBURG BY-LA WNUMBER3735 A BY -LAW to dedicate certain reserves owned by the Corporation of the Town ofTillsonburg as parts of public highways in the Town ofTillsonburg. WHEREAS The Municipal Act, S.O. 2001 c. 25, Sections 26 and 31, authorizes municipalities to pass by- laws for establishing highways for public highway purposes; and AND WHEREAS the Corporation of the Town ofTillsonburg is the owner of a certain reserve abutting a public highway as listed in Column 1 as shown on Registered Plan in Column 2 of Schedule ''A" attached hereto; AND WHEREAS it is necessary to dedicate a public highway over the said reserves listed in Schedule "A"; THEREFORE the Council of the Town ofTillsonburg enacts as follows: 1. That the reserve as listed in Column 1 of Schedule "A" attached hereto shall be dedicated and established as part of the public highway listed opposite under Column 3 .. 2. 1HA T this By-Law is passed pursuant to the Municipal Act, 2001 S.O. 2001, and shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME TillS Utb DAY OF June, 2013. READ A THIRD AND FINAL TIME AND PASSED TillS 12th DAY OF June, 2013. Mayor-John Lessif Clerk-Donna Wilson ~ L.U -1 ::::> 0 L.U :I: u Vl C'l'l c: E ::J 0 u N c: E ::J 0 u .-1 c: E ::J 0 u L.U Q) ~ ::J c: <( Q) z > <( 0 .5 <( 0 0 c:: u z \0 0 CV') i= I ::E c.. c:: c: Ill u 0:: Vl L.U Cl 0 -1 ..:.: <( u l!) 0 L.U iii -1 0 "' 0 z 0 a: '¢ CV') 0 0 0 ill!!!!!!!!liii-Uilf6onbur0 a;ketalxJI~~ STAFF REPORT CLERKS OFFICE Title: By-Law 3736 To Authorize a Subdivision Agreement with Hayhoe Homes Inc. Report No.: Author: Meeting Type: Council/Committee Date: Attachments: RECOMMENDATION CL 13-16 DONNA WILSON COUNCIL MEETING JUNE 12,2013 BY-LAW 3736, TO AUTHORIZE A SUBDIVISION AGREEMENT WITH HAYHOE HOMES INC. TO ALLOW FOR THE DEVELOPMENT OF LANDS DESCRIBED AS PART OF LOT 7 CONC 12, DESIGNATED AS PART 1 ON REFERENCE PLAN 41R-7974, IN THE TOWN OF TILLSON BURG RESOLVE THAT Council receive Report CL 13-16, To Authorize a subdivision Agreement with Hayhoe Homes Inc; FURTHER RESOLVE THAT By-Law 3736 be brought forward for council consideration. EXECUTIVE SUMMARY The subject property is located at the northeast corner of Baldwin Street and Quarter Town Line Road and has frontage on Colin Avenue, In the Town of Tillsonburg. The lands are part of draft approved plan of subdivision 32T-06005, known as Victoria Wood as approved on February 22, 2007. Modifications were approved to the zoning and draft plan of subdivision by the Town on January 14, 2013 and by the County on March 22, 2013. Authorization of the Subdivision Agreement will allow the development to move forward. CONSULTATION/COMMUNICATION The draft subdivision agreement has been reviewed by the County of Oxford Community & Strategic Planning Office, Oxford County Public Works, and the Town of Tillsonburg Engineering Department, Operations, and Building Department. Comments were received and addressed accordingly. 1 D CAO Town ofTillsonburg Subdivision Agreement Page 1 of19 TOWN OF TILLSONBURG SUBDIVISION AGREEMENT THIS AGREEMENT made the day of '2013. BETWEEN: PERFORMANCE COMMUNITIES INC. hereinafter called the "Owner" OF THE FIRST PART -and- THE CORPORATION OF THE TOWN OF TILLSONBURG hereinafter called the "Town" OF THE SECOND PART -and- THE CORPORATION OF THE COUNTY OF OXFORD hereinafter called the "County" OF THE THIRD PART WHEREAS the Owner proposes to subdivide and register a Plan of Subdivision on lands described as Part of Lot 7, Concession 12, Geographic Township of Dereham, designated as Part I on Reference Plan 41R-7974 in the Town ofTillsonburg, as shown on a proposed Plan of Subdivision, dated November 6, 2012, submitted by Performance Communities Inc., prepared by Kim Husted Surveying Ltd., and appended as Schedule "A" to this Agreement; AND WHEREAS the draft plan of the land to be subdivided was approved by the County on February 14,2007, under file 32T-06005, and comprising Part Lot 7, Concession 12 (Dereham) and Lots I, 2, 3 and 4 and part of Block A, Registered Plan 1082, in the Town ofTillsonburg, showing 290 lots for single detached dwellings, 6 blocks for townhouses, 4 blocks for either townhouses or single detached dwellings, 6 blocks for walkways, 3 blocks for road widenings, I reserve block, 2 stormwater management blocks, 2 parkland blocks, I block to be conveyed to an adjacent property owner and II local streets. AND WHEREAS prior to the signing of the plan for registration by the County, certain conditions must be fulfilled to the satisfaction of the Town, as set out in the draft conditions of approval dated February 22, 2007; AND WHEREAS this Agreement has been made a condition of approval by the County of Oxford and contains all the requirements, financial and otherwise of the Town regarding the construction of roads, installation of services, and drainage facilities, and any other matters pertaining to the development of the subdivision; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the Town and the County approving the said proposed Plan of Subdivision and the covenants hereinafter expressed, the parties hereto covenant and agree one with the other as follows: I. DEFINITIONS (a) "Owner" shall include the registered owner or owners in fee simple of the land for which the subdivision is proposed and/or their respective heirs, executors, administrators and assigns, and in addition to its accepted meaning, shall mean and ~ Town ofTillsonburg Subdivision Agreement Page3 of19 (v) Supervise construction of the said works; (vi) Maintain all records of construction of the said works; (vii) Supply to the Town and/or the County, drawings on linen, mylar or equivalent, as well as in digital format as described in Section 29 to this Agreement, of all the works as constructed by the Contractor; (viii) On completion of construction of the said works, to supply the Town and/or the County with a certificate that the execution of the said works was in accordance with the approved plans and specifications; (ix) Supervise the construction of any remedial work required by the Town and/ or the County. (x) Design and carry out lot grading in accordance with the Residential Design Criteria. Such plan should address lot grading, soil conservation and erosion control plan to the satisfaction of the Long Point Region Conservation Authority, the Town and the County. The plan should detail methods of controlling sediment during construction as well as identifying possible downstream impacts and ways of minimizing them. Additionally review any environmental impacts that might be identified in such plan. (xi) Submit a plan for the mitigation or removal of any contaminants identified through an Environmental Site Assessment Report, prepared by a qualified consultant, where such report has been required by the Town or the County for the subject property, such work being the responsibility of the Owner. (c) The Owner agrees with the Town and County that no public services will be installed and no work shall be commenced until the Town and/or County has received and approved such plans, specifications, security and insurance and has expressly authorized such work to commence. All works and services shall be constructed and installed strictly in accordance with the said plans and specifications, all to the satisfaction of the Town and/or the County. The Owner agrees to construct all services and provide other requirements, which will be known only after the details of the engineering design are submitted to the Town and/or the County. The Town and/or the County may require, in writing, such a variance from such plans and specifications as may be required by conditions which may be disclosed as the work progresses, and by sound engineering practice. 4. SCOPE OF AGREEMENT The Owner agrees to construct and complete at his own expense and in a good workmanlike manner, for the Town and the County, all the municipal services as hereinafter set forth to the satisfaction of the Town and County, and to complete, perform or make payment for such other matters as may be provided for herein. The Owner, at his option, may request the Town and/or the County to construct the municipal services as hereinafter set forth. Where such option is exercised, the Town and/or the County shall undertake to call tenders and arrange for the construction of the services as provided herein and the Town or the County shall have sole discretion in matters pertaining thereto. The subdivision shall be developed in phases and each phase may be developed stages and each stage of the subdivision will have the necessary services in relation to that stage and in the event that the subdivision is developed in stages the Consulting Engineer shall establish the amount of security for each stage as provided herein to be approved by the Town. This agreement covers the area and lots identified on Schedule "A" or Schedule "A" as amended. Amending Agreement(s) will be required to develop subsequent phases and stages, approval of which will be subject to receipt of all approvals, studies, and requirements of the Town including engineering drawings, and amendments to Schedules "A", "B", "C" and "D". Town ofTillsonburg Subdivision Agreement Page5ofl9 (vii) Ministry of the Environment approval -All plans relating to the installation of water mains, appurtenances and services must be submitted to the Town and County for approval by the Town Director of Operations and the County Director of Public Works along with copies of the application to be submitted to the Ministry of the Environment for their approval. Before beginning any of the work, evidence must be filed with the Town that the Ministry of Environment approval has been obtained. (viii) Road Grades-Before actual construction begins, proof must be furnished by the Owner or his agents that the road grades have been approved by the Town Director of Operations and/or the County Director of Public Works where water mains are being installed outside the Town limits, in order that the water mains and appurtenances will be laid to the proper grade. (ix) Property Stakes-Sufficient property stakes must be available so that the proper line of the water main can be established and valves, hydrants, services and other appurtenances are properly located. (x) Extent of Work-The extent of the work shall be construed to consist of the labour, equipment and material necessary for the construction of the subdivision in a good, substantial, workmanlike manner of all items required for the completion of the entire work consisting of all the items shown on the drawings which have been approved by the Town and County. (xi) Locates -The Contractor will be responsible for obtaining the location of all other utilities such as, but not limited to, electric underground cables, Bell Telephone Conduits, storm and sanitary sewer systems, water distribution systems, farm drainage tiles, gas mains and services, etc. from the Utility concerned and must protect and/or repair same subject to the regulations of the particular service involved. (xii) Replacement to Original Conditions-All pavement, driveways, entrances to property, lawns, retaining walls, etc. must be replaced in good condition as originally found or better, in consultation with adjacent property owners. (xiii) Signage, Barricades and Lanterns-Signage, barricades and lanterns must be installed on all works for the protection of vehicles and pedestrians and all precautions taken to minimize risk of damage and inconvenience to others. All signage must be erected and displayed in accordance with the Manual of Uniform Traffic Control Devices. (xiv) Safety-All work shall be carried out so that it conforms with the regulations of the Construction Safety Act, the Workers' Compensation Board, and the Occupational Health and Safety Act, as they pertain to the safe working conditions of the persons on the job. (xv) Support of Underground Services-Where an underground service is installed across another underground service, adequate horizontal and vertical bracing must be installed to properly support the affected services during and after construction o£'all works as required. (xvi) Pavement Cuts and Road Closures-The Contractor shall take full responsibility for pavement cuts which must be approved by the Town or County Director of Public Works and restored to the regulations applicable. The closing of roads due to the installation of sanitary sewers and/or water mains must have the approval of the Town Director of Operations and/or the County Director of Public Works and the Contractor must observe all applicable regulations and Safety Manuals. (xvii) Valve and Hydrant Wrenches-The Contractor must have a proper valve key and hydrant wrench on the job at all times in case of emergency and at no time is a pipe or other wrench to be used in place of the proper equipment. (xviii)Supply of Water from Hydrant-If the Contractor wishes to use a fire hydrant for a supply of water for construction purposes, he must obtain approval of the Town Director of Operations and provide a proper fitting complete with shut-offvalve to attach to the (c) Oversizing Town ofTillsonburg Subdivision Agreement Page 7 of 19 The County may require the Owner to oversize sanitary or water mains to accommodate servicing of lands external to the subdivision lands herein. The Town may require the Owner to oversize storm sewers as per the Town of Tillsonburg Design Criteria By-Law No. 3153 passed on April 25, 2005, and any amendments thereto. Storm sewer oversizing/extension costs to be paid by the developer to the Town in the amount of$27,713.21 (including HST) (d) Roads Subject to the Residential Design Criteria, all roads shown on the said Plan of Subdivision shall be dedicated as public highways, graded, including fill or excavation as required by the Town, to their full width of the allowance. All roads shall be asphalted and such asphalt shall be laid in at such times as maybe allowed by the Town in writing. When in the opinion of the Town, it is necessary to change the grade of existing Town roads adjacent to or abutting the said plan, the Owner agrees to grade the road to sub-grade, in the manner and at the same time stipulated by the Town and shall restore the road to its original condition prior to the change in grade. Prior to acceptance by the Town, the Owner shall maintain these roads at the Owner's cost. The naming of streets included in the plan shall be to the satisfaction of the Town. The Owner shall purchase and pay for the installation of all street sign and regulatory signs at the direction of the Town. Until the roads within the subdivision have been assumed by the Town, the Owner is responsible for the erection and maintenance of signs at all entrances to the subdivision stating that the roads within the subdivision have not yet been assumed by the Town (e) Curbs and Gutters Concrete curbs and gutters shall be constructed on all streets within the subdivision in compliance to the Residential Design Criteria but construction shall take place only at such times as may be authorized by the Town in writing. The Town shall approve, in writing, of the elevation and final grade of the top of the curbs at the mid-point in front of each lot in the subdivision prior to the construction thereof, and the same shall be constructed to the satisfaction of the Town. The Owner shall provide a record of such heights and grades to the Town. Prior to acceptance by the Town, maintenance and repairs of all curbs and gutters will be the responsibility of the Owner. (f) Sidewalks and/or Pedestrian Walkways Concrete sidewalks shall be constructed in compliance to the Residential Design Criteria on at least one side of those streets shown within the subdivision and on both sides of collector and arterial streets as specified by the Town. Sidewalks, where required in the subdivision, shall be constructed according to Schedule "D" attached hereto. Sidewalk ramps will be constructed at intersections or where required to the satisfaction of the Town. Prior to acceptance by the Town maintenance and repairs of all sidewalks will be the responsibility of the Owner. (g) Street Lighting The Owner shall agree to install streetlights on each street as shown on the plan to the satisfaction ofTillsonburg Hydro Inc. (h) Underground Electric Plant The Owner hereby covenants and agrees to install an electrical distribution system on each street as shown on the plan to the satisfaction ofTillsonburg Hydro Inc. Town ofTillsonburg Subdivision Agreement Page9ofl9 Director of Operations shall promptly notify the Owner and his surety, in miting, of such defuult or neglect and, if such notification be without effect within seven days after such notice, the Town Director of Operations shall thereupon have full authority and power to purchase materials and employ workmen and machines for proper completion of the said work at the cost and expense of the Owner or his surety or both In case of an emergency, in the opinion of the Town Director of Operations, such work may be done without notice. The cost of such work shall be calculated by the Town Director of Operations whose decision shall be final. The cost of this work, together with an Engineering fee of5% of the cost of materials and work shall forthwith be paid to the Town by the Owner on demand. Should payment not be received following the issuance of an invoice from the Town, the Townmaydrawuponthesecurity which has been provided by the Owner. It is further urrlerstood and agreed between the pllties hereto that such entiy upon the lands shall be as an agent for the Owner and shall not be deemed for any an acceptance of purpose whatsoever as the said services by the Town. 11. ASSUMPTION OF SERVICES BY COUNTY Once the sanitary sewers and water distribution system have been installed to the satis:fuction of the Town and the County, the sanitary sewer trunks and water distribution system will be assumed and operated by the County and/or the designated service provider. 12. LANDSCAPING-CONTOURS-FINAL GRADES & SURVEY MARKERS The requirements set out in this section will be implemented on a phase by phase basis and will be required for the phase for which the developer is seeking final approval and registration. (a) The Owner agrees to deposit with the Town a plan that is in compliance with the Residential Design Criteria showing: (i) The existing and final elevation of the said lands as determined by reference to a geodetic benchmark or an alternate bench mark acceptable to the Town; (ii) The final grades of all roads as approved by the Town Director of Operations; (iii) The lands designated for drainage works and locations of easements as may be required for municipal services. (b) Barriers along Conservation Authority Lands -The Owner agrees that a snow fence or other barrier suitable to the Town shall be erected by the Owner along any setback line established by the Long Point Region Conservation Authority prior to the commencement of grading, construction and shall remain until all grading and construction and resodding have been completed. (c) Soil Disturbance-The Owner agrees that no construction or soil disturbance shall take place below any setback line established by the Long Point Region Conservation Authority without a geotechnical study prepared by the Owner for the review and approval of the Long Point Region Conservation Authority. (d) Removal of Trees -The Owner agrees trees, other than those which are diseased or dead, shall not be removed other than in an area to be occupied by a dwelling, driveway or landscape structure without the approval of the Town and shall be undertaken in accordance with the County of Oxford Tree Cutting By-Law and Town ofTillsonburg Tree Policy. (e) Soil, Seed and Sod -The Owner agrees to grade, provide top soil and seed or sod the portion of the street allowances lying between the front property line oflots and the curb save and except any private allowances. (f) Grading Requirements-The Owner agrees to extract from each purchaser a covenant in the nature of a restrictive covenant running with lands that the grades and levels will be Town ofTillsonburg Subdivision Agreement Page 11 of19 Inc., the County and the Owner with cross liability endorsement against any claim for public liability, personal injury, including death or property damage to limits of$5,000,000.00, inclusive, for any one accident arising in any way out of the construction, installation, repair or maintenance of all works and services required herein to be done. The Owner shall provide the County and Town with satisfuctory evidence of the renewal of the said policy at least fifteen ( 15) days prior to its expiry. The said policy shall not be subject to cancellation without thirty (30) days prior to its expiry. The said policy shall not be subject to cancellation without thirty (30) days prior written notice to the Town. The Owner shall, at its own expense, maintain the said policy of insurance in full force and effect until the expiration of the period of guarantee. Failure to procure and maintain the said policy of insurance shall constitute a defuult under this Agreement The Owner covenants that it will indemniJY and save hannless the Town, Tillsonburg Hydro Inc. and County from any and all claims, demands, actions and causes of action, whether the same shall be successful or unsuccessful and from all costs to much the Town, Tillsonburg Hydro Inc. and County may be liable, suffer or be put to in respect of any such action, cause of action, claim or demand on anyway arising out of or alleged to arise out of any work, service, operation or thing constructed, installed, repaired, maintained or done or admitted to be done ornegligently done by the Owner, his servants, agents, contractors or subcontractors under them, in respect of the said works and services, whether ornot the same shall be required to be done under the terms of this Agreement and including (without limiting the generality of the foregoing), the alteration of any grade or existing level construction, maintenance or repair of any street. 17. PERFORMANCE GUARANTEE-SECURITY As security for the construction and installation of services required by this Agreement and prior to the commencement of any work in any stage of the development provided therein, the Owner shall supply the Town with security as more particularly set out in Schedule "B" hereto, for the performance and completion of all works required by this Agreement as each stage proceeds in an amount equal to the estimated cost of all works in that particular stage and further guaranteeing the workmanship and material in lieu of all other guarantees and warranties express or implied for a period consistent with the Residential Design Criteria from the date that the said works are approved in writing by the Town's Director of Operations, and such security may be in the form of any of the following combination therefore as is acceptable to the Town: (a) A cash deposit with the Town; (b) An irrevocable Letter of Credit in a form acceptable to the Town from a chartered bank expressing to be pursuant to this Agreement and payable to the Town at any time or in part from time to time, upon written notice from the Town that the Owner is in default under this Agreement; (c) A Certificate of Trust deposited with a chartered bank or trust company in a form acceptable to the Town expressed to be pursuant to this Agreement and providing for payment to the Town of the sum deposited or any part thereof from time to time upon written notice from the Town that the Owner is in default under this Agreement; 18. MAINTENANCE DEPOSIT The Owner shall provide atwoyearrnaintenancedepositinanarnountwhichisequal to 10"/oofthe total contract price including all materials and labour and shall guarantee the materials installed and the proper installation of all services. The maintenance deposit shall be in the form of cash or letter of credit The Town shall only release this maintenance deposit once the Town is satisfied that all services and materials have been properly installed and functioning in a capacity that is satisfactory to the Town. 25. ISSUANCE OF BUILDING PERMITS Town ofTillsonburg Subdivision Agreement Page 13 of 19 Building permit applications will be considered subject to the following conditions for lots identified on Schedule "A": (a) road allowance has been graded, including fill or excavation, to its full width; (b) curbs and gutters have been installed; (c) base lift of asphalt has been laid; (d) underground water, sanitary and storm sewer systems and hydro services have been installed, CCTV Video for storm & sanitary sewer submitted to the Town for review and acceptance; (e) development charges for the lot, which a permit is being applied for, have been paid in accordance with the requirements of both the Town and the County. (f) the Engineer of Record having certified to the Town the above work having been completed as per the approved plans and the Town having inspected and verified that the work has been constructed as per the approved drawings; (g) a certificate from an Ontario Land Surveyor cert:iJYing the replacement of all survey bars having been filed with the Town. A building pennit will be allooecl fur two (2) model homes subject to building de{xlrtment awrovai and if services are not yet available a StlC1.lliW deposit will be required Buildingpennit applications will not be considered fur subsequent phases prior to 1he approval of the respective Phase in accordance with Section 4. This provision may be varied upon the approval of the Town's Director of Operations. 26. SPECIAL PROVISIONS The owner undertakes as follows: a) The Owner covenants and agrees to provide the Town with evidence that satisfactory arrangements, financial and otherwise, have been made with Canada Post Corporation for the installation of Community Mail Boxes (CMB) as required by Canada Post Corporation and as shown on the approved draft plan, at the time of sidewalk and/or curb installation. The owner further covenants and agrees to provide notice to prospective purchasers of the locations of CMBs and that home/business mail delivery will be provided via CMB, provided the Owner has paid for the activation and equipment installation of the CMB. b) The developer shall construct a fence at his sole cost, along the lot boundaries between · Lots 21-31 inclusive and Blocks 53, 54, 55, 56 and 57; the height and design of which shall be reviewed and approved by the Town ofTillsonburg, at the time of development of the phase in which these lots and block are located. c) That prior to the signing of the fmal plan by the County, all lots/blocks shall conform to the zoning requirements of the Town ofTillsonburg Zoning By-Law. Certification oflot areas, lot frontages, and lot depths shall be obtained from an Ontario Land Surveyor retained by the developer. d) The owner shall register a warning covenant on title for all lots immediately abutting Quarter Town Line, namely, Lots 20-15. The covenant shall advise noise levels on Quarter Town Line may exceed MOE guidelines; however the use of forced air/air conditioning systems will require that windows remain closed, thereby ensuring interior sound levels are within the MOE's guidelines. The form and content of the covenant shall be to the satisfaction of the Town ofTillsonburg. e) The owner shall submit a tree saving plan to be reviewed and approved by the Town of Tillsonburg. The plan shall detail methods of retaining trees within the subject property, having regard for the findings and conclusions of the Woodland and Hedgerows Environmental Evaluation prepared by North-South Environmental Inc., and provide measures to ensure the woodlot being conveyed to the Town as parkland is conveyed in an acceptable state. Town ofTillsonburg Subdivision Agreement Page 15 of 19 owner to accept, in writing, the tenus and conditions outlined in this Agreement, If this acceptance of the terms and conditions of the Agreement from the new owner( s) is not received by the date of sale or transfer, the tenus and conditions agreed to in this Agreement shall remain the responsibility of the previous owners. 32. REVISIONS TO TillS AGREEMENT Upon written notification to all parties, the Town, the County and/or the Owner have the right to request revisions to this Agreement provided that the Agreement has been in effect for a minimum of five years. 33. AGREEMENT REGISTERED This Agreement shall be registered against all lands to which it applies at the cost of the Owner. IN WITNESS WHEREOF the parties hereto have hereunto affixed their Corporate Seals this __ day of 2013. ) PERFORMANCE COMMUNITIES INC. ) ) >.~~~~--~~-----)William R. Hayhoe, President ) I have the authority to bind the Company ) ) THE CORPORATION OF THE TOWN OF TILLSONBURG ) ) )~~~~~~~-------)MAYOR-John Lessif ) ) ) __________________ ___ ) TOWN CLERK-Donna Wilson ) ) THE CORPORATION OF THE COUNTY OF OXFORD ) ) )~~~~~~~~~---)COUNTY WARDEN -Don McKay ) ) >~~--~~----~-----)COUNTY CLERK-Brenda Tabor Town ofTillsonburg Subdivision Agreement Page 17 ofl9 SCHEDULE "B" PLAN 32T-06005 Reynolds Way Subdivision SUMMARY OF ESTIMATED SERVICING COSTS I. 2. 3. 4. 5. 6. 7. 8. Town ofTillsonburg Subdivision Agreement Page 19ofl9 SCHEDULE"D" PLAN 32T -06005 Reynolds Way Subdivision IMPLEMENTATION SCHEDULE Underground Services-Sanitary & Storm Sewers, Water main Storm water Management Pond Road Construction-including Curbs, Granular A & B, Base Lift Asphalt Utility Servicing-Hydro, Gas, Telephone, Cable TV Sidewalks Street Lighting Boulevard Restoration-including topsoil and sod Top Lift Asphalt Completion Date Mouth/Year May 2013 SWM is existing June 2013 July 2013 Installed after home is built July 2013 May 2013 August2015 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER3736 A BY -LAW to authorize a Subdivision Agreement with Performance Communities Inc. to allow for the development oflands described as Part of Lot 7 Concession 12, designated as Part l on Reference Plan 41R-7974 in the Town ofTillsonburg. WHEREAS The Town ofTillsonburg is desirous of entering into a Subdivision Agreement with Performance Communities Inc. (Hayhoe Homes) for the development oflands described above. THEREFORE the Council of the Town ofTillsonburg enacts as follows: l. THAT Schedule "A" attached hereto forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule "A" on behalf of the Corporation of the Town ofTillsonburg. READ A FIRST AND SECOND TIME THIS 121h DAY OF June, 2013. READ A THIRD AND FINAL TIME AND PASSED THIS 121h DAY OF June, 2013. MAYOR-John Lessif CLERK-Donna Wilson THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 3726 A BY -LAW to authorize a special municipal levy on certain lands within the Business Improvement Area (BIA) for the construction and maintenance of municipal parking lots within the BIA area. WHEREAS Section 312 (4) of the Municipal Act, 2001, provides that the Council of a local municipality shall, after the adoption of estimates for the year, pass a by-law to levy a separate tax rate on part of the assessment for local municipality purposes; WHEREAS it is deemed necessary and expedient to levy a special charge for the maintenance of municipal parking lots within the downtown core and more specifically named the Business Improvement Area (BIA). Now therefore the Council of The Corporation of the Town ofTillsonburg enacts as follows: 1. That each year a special local municipal levy shall be charged against all property classes within the Business Improvement Area sufficient to pay the estimated costs each year of maintaining all municipal parking lots within the defined area, as set out in Schedule A attached hereto. Such levy shall be in proportion that the assessment of each parcel bears to the total ratable assessment of parcels in the defined area. Such levy shall be set out in the annual by-law to set tax rates for the municipality. 2. Notwithstanding Clause 1 of this By-Law, any 'residential class' property within the designated area that complies with the parking requirement contained in the current Town of Tillsonburg Zoning By-Law 3295, Section 5.24 shall be exempt from this special local municipal levy. That property owners, within any 'residential class', may apply for an exemption by completing the form attached hereto as schedule B. That all such exemptions shall be processed in the year in which they are applied, however the tax exemption shall become effective when the annual by-law to set tax rates for the municipality has been passed. 3. That all provisions of the annual By-Law 3719, 'To Provide for the Adoption of Budgetary Estimates, Tax Rates and to Further Provide for Penalty and Interest in Default of Payment Thereof shall apply as set out therein. 4. That By-Law 2835 passed by the Council of the Corporation of the Town of Tillsonburg on April 14th, 1998 shall be hereby repealed. This by-law shall come into effect on the date of the final passing thereof. READ A FIRST AND SECOND TIME THIS 271h DAY OF May, 2013. READ A THIRD AND FINAL TIME AND PASSED THIS DAY OF June, 2013. Mayor-John Lessif Clerk-Donna Wilson By-Law 3726 Schedule 'B' .... _ Oll{&onbure5 Please submit this request by mail or email to: s a;~~kil~~ Tillson burg Corporate Office- Attn: Amber Zimmer, Deputy Clerk REQUEST FOR RELIEF FROM BY-LAW 200 Broadway, Suite 204 Tillsonburg, ON N4G SA7 Civic Address of Subject Property: Email: azimmer@tillsonburg.ca Property Zoned: Legal Description, Roll# if available: Name of Applicant: Date of Request: Mailing address of Applicant: Email address of Applicant D Request for Exemption from By-Law 3726, to authorize a special municipal levy for construction and maintenance of municipal parking lots within the BIA area. Brief Description of reason for exemption: For office use onll£ Director of Development & Communications Clerk's Office Review completed by: Review completed by: Date: Date: Based on the review, the request should be: Based on the review, the request should be: DApproved DApproved Ooenied Ooenied Comments: Comments: Signature: Signature: Council Meeting Date: Request Approved D Request Denied 0 . Your request will be reviewed and if determined that your property qualifies for an exemption you will be notified, by mail or email, within 10 business days of the Town receiving this form. . All exemptions will be brought to Council, the meeting date will be provided to applicants once known . . This form shall be circulated to the Development Planner, Clerk, and Revenue Manager . Title: Report No.: Author: Meeting Type: STAFF REPORT CLERKS OFFICE PARKING LEVY BY-LAW CL 13-11 DONNA WILSON COUNCIL MEETING Council/Committee MAY 27, 2013 Date: Attachments: DRAFT PARKING LEVY BY-LAW Section 5.24.2.1 of By-Law 3295 RECOMMENDATION RESOLVE THAT Council receive Report CL 13-11, Parking Levy By-Law; FURTHER RESOLVE THAT a revised by-law to establish a special charge to be levied on certain lands be brought forward for council consideration. EXECUTIVE SUMMARY Staff has reviewed By-Law 2835, to establish a special charge to be levied on certain lands in the Town of Tillsonburg for the maintenance of municipal parking lots. The purpose of the levy is to provide for the maintenance and construction of municipal parking lots in the BIA area or Central Commercial zone. The Town received a request from a property owner of a triplex in the affected area to review this by-law. The property owner has requested that residential properties within the BIA who are charged this levy be exempted. The current by-law exempts a single family residence that is occupied by the owner. In this case the owner does not reside at the triplex and it is not a single family dwelling. Staff completed a poll of similar municipalities and their practices for levies in the BIA area and maintenance provisions for municipal parking lots. Some municipalities have the same provisions as Tillsonburg, however the majority of municipalities do not charge the BIA members with a parking levy. Those that do not charge the levy have parking meters along the streets and fees for parking in lots. Currently there are a total of 196 properties charged the levy of which 41 are multi residential units. The total levy in 2012 was $135,799.87 of which $14,699.80 was for residential. Staff are recommending that residential properties be exempt from the levy if they comply with the parking requirements contained in the Town's Zoning By-law 3295, Section 5.24. This would ensure that there is adequate parking on the property and the use of municipal lots would not be required. At a minimum this would mean that motor vehicle parking spaces must be provided on the same lot as the building to which such CAO Title: Report No.: Author: Meeting Type: STAFF REPORT CLERKS OFFICE PARKING LEVY BY-LAW Request for Information CL 13-17 DONNA WILSON COUNCIL MEETING Council/Committee JUNE 12, 2013 Date: Attachments: REPORT CL 13-11 PARKING LEVY BY-LAW SECTION 5.24 PARKING PROVISIONS OF BY-LAW 3295 RECOMMENDATION RESOLVE THAT Council receive Report CL 13-11, and Report CL 13-17 Parking Levy By- Law; FURTHER RESOLVE THAT a revised by-law to establish a special charge to be levied on certain lands be brought forward for council consideration. EXECUTIVE SUMMARY Staff presented a change to By-Law 2835, to establish a special charge to be levied on certain lands in the Town of Tillsonburg for the maintenance of municipal parking lots at the May 27, 2013 Council Meeting. The change would allow that residential properties, whether occupied by the owner or not, be exempt from the levy if they comply with the parking requirements contained in the Town's Zoning By-law 3295, Section 5.24. Council requested clarification regarding that requirement, specifically regarding whether a garage parking space would be included in the calculation contained in the by-law. The requirement in the by-law states that two parking spaces for single residential dwellings and one and a half parking spaces per unit for multiple unit dwellings would be required on the same lot for compliance. Section 5.24.1.4.1 states, "All required parking spaces must be used exclusively for that purpose and must not be used for any other purpose. If one (1) or more required parking spaces are to be provided in an attached or detached garage, each space shall have a minimum width of 2.7 m (8.86 ft) and minimum length of 6 m (19. 7ft) and shall remain unobstructed at all times." Section 5.24.1.4.1 states, "All required parking spaces must be used exclusively for that purpose and must not be used for any other purpose. CAO APPROVALS Author Name/Signature CAO/Signature Director Name/Signature DONNA WILSON David Calder David Samis 3 DATE: MAY 20, 2013 DATE: DATE: CAO SECTION 5~0 GENERAL PROVISI0NS Page 5-24 5.24.1.7.5 Distance From Intersection 5.24.1.8 5.24.1.9 5.24.2 5.24.2.1 The minimum distance between a driveway and an intersection of street lines is 7,5 m (24;6 ft). · · PARKING AREA SURFACE Each parking area and driveway connectin'g the parking area with a street shall be maintained. with a stable surface that is· treated so as to prevent the raising of dust or loose particles. They shall, before being used, be constructed of crushed stone, slag; gravel, recycled asphalt, crushed brick (or tile); cinders, asphalt or concrete, or a material forming an approved site plan. · · ·· ADDITIONS TO BUILDINGS The parking area requirements referred to herein shall not apply to any building in existence at the date of passing of this By-Law so long as the floor area, as it existed at such date, ';is not increased, and the building or structure is used for a· purpose which ·does not require more parking spaces according to Section 5.24~2 of this-By-Law than were required by its use at the date of passing of this By-Law. If an addition or change of use is made to a building or structure as it existed at the date of passing of this , By-Law, then additional parking spaces shall be provided to the number required for such addition or change in use. MOTOR VEHICLE PARKING STANDARDS OFF-STREET PARKING REQUIRED Off-street· ·parking for motor· vehides .·must be provided as set out in Table 5.24.2.1. datl'lr.hi~d dwelling -duplex dw~lling . -serni-detac'hed dwelling -converted dwelling .. mobile home -streetfrontingtownhouse Town of Tillsonburg Zoning By-Law·Number 3295 (") I r ' ( ') '···'' ' i \.__,..} SECTION 5.0 5.23.5 GENERAL PROVISIONS Page 5-21 ENCROACHMENT INTO MUNICIPAL ROAD-ALLOWANCE An outdoor patio, in the Central Commercial (CC) zone, may be permitted to encroach onto an improv_ed street only wh.ere it will not interfere with pedestrian or vehicular traffic and only where a valid encroachment agreement has been entered ·into with the Corporation and remains in good standing. 5.24 PARKING PROVISIONS 5.24.1 5.24.1.1 5.24.1.2 5.24.1.3 GENERAL REQUIREMENTS FOR PARKING AREAS OFF-STREET PARKING AREAS.REQUIRED· · . Unless otherwise stated in this By.;.Law, ·motor vehicle parking spaces must be ·proVided on the same lot as the building to which such parking is associated in accordance with the· parking standards set out in Section 5.24.2. MORE THAN ONE USE PER LOT In a building or strocture in which more than one (1) use .is located, the total requirement for parking will be the sum of the requirements applied to each separate use, unless otherwi~e expressly stated. PARTS TO BE CONSIDERED AS REQUIRED SPACES Where the application of the parking standards as set out in Section 5.24.2, results in part of a parking spaqe being required, such part will be considered as one (1) required space. 5.24.1.4 USE OF PARKING AREAS AND SPACES 5.24.1.4.1 All required parking spaces must be used exclusively for that purpose and must not be used for any other purpose. If one (1) or more required parking spaces are to be provided in an attached or detached garage, each space shall have a minimum width of 2.7 m (8.86 ft) and minimum length of 6 m (19.7 ft) and shall remain unobstructed at all times. · 5.24.1.4.2 Where a parking area or space is permitted or required under this By-Law, no person shall use such area or space, in any zone, for parking any motor vehicle unless such vehicle is operative, used in operations incidental to the permitted uses in respect of which such parking area or space is provided, and bearing a motor vehicle license plate which is currently valid. Town ofTillsonburg Zoning By-Law Number 3295 SECTION 5.0 5.24.1.7 GENERAL PROVISIONS Page 5-23 2.7 m {8.9 ft), except for parking spaces flanking a wall, fence or other ~...;;;.;;.~------+--___;_;;.;;...;;.:.,;~;..;..;.;..;:J.:.---'-t-~:;...;.,;.;;...>,.;.....;.~--r obstruction, which ~~w.:.....;..;------+--___;_;;.;.,.;..:.;~..:....;....;~--t-.....;;..;;,;;...o.;,;;....o..;...;.~----'1 shall be 3 m (9.8 ft) parallel parking angle other than those listed 5.5 4 m {13.1 ft) for one way 6.5 m (21.3 ft) traffic and 6 m (19.7 ft) . for · · shall meet the requirements for the angle of parking. which is gr~ater the angle being DRIVEWAY STANDARDS The following standards. apply to driveways providing ingress and egress to parking spaces: 5.24.1.7.1 Minimum Width One-Way Access Where the access to a parking space is provided directly by a driveway from a public street, tpe driVe"'(ay must be at least 3 m (9.8 ft) in width; 5.24.1.7.2 Width of Joint Access Where a joint ingr~ss and egress driveway is provided to a parking aisle, the driveway width measured along the street line shall be at least 6.7 m ·.(22ft) in width and no more than 9 m (29.5 ft) in width. 5.24.1.7.3 Maximum Driveway Width., ResidenticliZones Within a residential zone, a maximuli'rof50% of either the area of the front yard or lot frontage, or the area orwidth of the exterior side yard, may be occupied by a driveway or parking. area. 5.24.1.7 .4 Number of Driveways Permitt~d '--) Every Jot shall be limited to not more than two (2) driveways for the first 30 m (98.4 ft) of frontage·; and notmore than one (1) additional driveway for each additiohal30 m (98.4 ft) offrontage .. Town of Tillsonburg'Zoning By-Law Number 3295 I I i I , l ! 1 . l J I SECTION5.0 Office Uses Industrial Uses . Institutional Uses GENERAL PROVJSlONS ~ financial institution -laundromat · ~ personal service establishment -retail store -service shop -all other -place of worship uses Page 5~25 gross -Minimum 4 spaces or 6.0 per 100m2 (1,076 tr) gross floor area, whichever is -5, plus 1 ~er classroom, or 1 per 10m (107.6 ffl) of gross floor area in the' gymnasium or auditorium, whichever is Town of Tillson burg Zoning By-Law Number 3295 ( ( ) \ \._) SECTION 5.0 5.24.3 5.24.3.1 GENERAL PROVISIONS Page 5-27 d) be located within -close proximity to the building or access ramp or structure; and · e) be clearly identified and reserved for the exclusive use of as acC:essibleparking spaces. TANDEM PARKING- Where parking is provided for a tlwel/ii1g unit in an individual driveway, the required parking for that dwelling may be provided by a tandem parking space. LOCATION OF PARKING AREAS YARDS AND SETBACKS Motor vehicle parking areas must be situated in accordance with the requirements set-out in Table 5.24.3. Single detached, duplex and 2 1.2m unit converted dwellings in all All yard~ None (3~9ft) None Zones Semi-detached dwellings or .street fronting townhouse All yards None None None dwelling_s in any zone RM and RH Zones and all Interior side yare! uses in an R3-tone, except for nla 1.5m 1.5m a streetfronting townhouse Rear yard (4.9 ft) (4.9 ft) dwelling. Commercial, 1 nstlfutional, Any yard, e-xc,pt for Industrial, Development, and a required rear or Open Space Zones Interior side yard -1m 1.5m 1.5m abutting a (3.3ft) (4.9 ft) (4.9ft) residential or development zone Town of Tillson burg Zoning By-Law Number 3295 .' .. · -~-) '· SECTION 5.0 5.24.5 GENERAL PROVJSIONS Pag_e 5-29 d) Queue spaces forming a waiting line must ·be unobstructed by parking spaces or loading spaces and must be clearly delineated by·matkings and-barrierS;·. e) . ;Queue spaces forming_ a wait1hg line or storage space from the service. offered cannot form part of a parking aisle providing access to a-p~rking space; and . f) Queue spaces shall not be located in_a required yard abutting a Residential Zone or Entreprene~;~rl~l Zone; _ -· EXCEPTIONS-PARKING SPACE REQUIREMENTS Notwithstanding the minimum parking requirement contained Table . 5.24.2.1, within the CC :~;one; the following minimum parking requirements shall apply: · · a) No additional parking spaceS· shall be 'required for any· change of use within an existing building, · · · b) For uses located within a building or portion of a building constru.cted _ aftc;1r the date of passing of this By .. Law, the minimum parking req4itements set out iri Tc:~ble 5:24.2.1 shall he applied at a rate of 50%, with the exception of a residential use, a hotel or motel or a shopping centre which shall be applied at the full rate. 5.25 PLANTING STRIPS 5.25.1 5.25.1.1 5.25.1.2 5.25.2 REQUIREMENTS FOR NoN-RESIDENTIAL UsEs Where a lot is used for any Non-Residential. purpose and the interior side or rear lot line abuts a residential use or undeveloped land in a Residential Zone or Development Zone then a strip of land adjoining such abutting lot line, or portion "thereof, shall be used for no other purpose than a planting strip in accordance with the provision of this subsection. Where such Jot is in an Industrial Zone and the front, side or rear lot line abuts a portion of a. street; the opposite ·side of which portion of the street abuts a residential use or undeveloped land in a Residential Zone or Development Zohe, then-a strip of land adjoining such abutting lot line, or portion thereof, shall be used for no other purpose than· a planting strip in accordance with the provisions of this subsection. WIDTH Where a planting strip is required in any zone and consists of landscaping or a landscaped earthen berm, the pl'anting ·strip shall have a minimum width of 3. m(9.8 ft) .. A planting. strip consisting of a. wooden privacy fence shall have a minimum width of 1 m (3.3 ft). . . Town of-Tillsonburg Zoning By.;LawNumber 3295 Title: Report No.: STAFF REPORT OPERATIONS SERVICES Traffic Bylaw Amendment Report OPS 13-16 Author: Geno A. Vanhaelewyn, Chief Building Official S. T.Lund, P.Eng., Director of Operations Meeting Type: COUNCIL MEETING Council/Committee JUNE 12, 2013 Date: Attachments: ONE RECOMMENDATION RESOLVED THAT Council receive Report OPS 13-16 Traffic Bylaw Amendment Report as information; FURTHER RESOLVE THAT Council approve the proposed attached Traffic Bylaw Amendment. EXECUTIVE SUMMARY On April 8, 2013 Council passed Traffic and Parking By-Law 3701 which regulates traffic and the parking of motor vehicles in the Town of Tillson burg. Since this date staff has identified the necessity to amend the current by-law as follows: SCHEDULE 2 -Prohibited Parking -amend as follows: HIGHWAY SIDE FROM TO TIME OF COMMENTS DAY Concession North Tillson Ave. 67 m West No Parking Required as a St. East of Parkwood Anytime result of the Drive removal of encroachment parking - effective July 1, 2013. CAO STAFF REPORT DEVELOPMENT & COMMUNICATION SERVICES Title: INDUSTRIAL LAND UPDATE-ROKEBY ROAD Report No.: DCS 13-43 Author: CEPHAS PANSCHOW Meeting Type: COUNCIL MEETING Council/Committee JUNE 12, 2013 Date: Attachments: RECOMMENDATION RESOLVE THAT Council receive Report DCS 13-43 Industrial Land Update -Rokeby Road for information purposes. EXECUTIVE SUMMARY The Town of Tillsonburg purchased 53.85 acres of land from the estate of B.Vodden on June 30, 2009 at a purchase price of $378,000 not including closing costs. At that time, staff recommended the purchase of these lands for the following reasons: • The need to increase the supply of Town owned industrial properties; • The generally suitable nature of the lands for industrial development, including access to rail and the close proximity of sanitary service; • The opportunity to acquire the industrial land at reasonable price; and, • The potential to offset the lost tax revenue through the rental of the property -the property is now leased for $3,402 per year versus lost tax revenue estimated at approximately 1,500 per year. As part of the acquisition process, the following information was reviewed: • The treed area along the Rokeby Road frontage is to be preserved in the future Oxford Natural Heritage Study thereby reducing the developable area by 14 acres with approximately 40 acres being developable. The rows of trees within the site were deemed to not be protected; • In terms of the water servicing, it was determined that the best way to service the property would be through the 250 mm watermain located in the rail corridor to the CAO In late 2009, Council authorized a lease agreement with Trillium Solar Inc for a twenty (21) year term with a possible ten (10) year extension for the development of a solar farm. Other Town-owned lands to the west were also included in this transaction. The lease agreement for the subject lands was conditional upon approval of a Power Purchase Agreement (contract) by the Ontario Power Authority. In July 2011, Council authorized an amendment to the lease agreement extending the conditional period to March 26, 2012. The extension in the conditional period has now expired and there are currently no legal commitments with respect to this property. There have been a number of investors interested in this property since it was acquired, but to date, this has not resulted in any serious interest in the property. FINANCIAL IMPACT /FUNDING SOURCE The purchase of these lands was funded by debentures and the total cost of acquisition, including carrying costs, to December 31, 2012 was $417,492. This results in a cost per acre of $7,753 or $10,437 per developable acre. APPROVALS Author Name/Signature Director Name/Signature Finance Name/Signature CEPHAS PANSCHOW DAVID SAMIS DARRELL EDDINGTON 3 DATE: JUNE 4, 2013 DATE: DATE: CAO STAFF REPORT DEVELOPMENT & COMMUNICATION SERVICES Report Title: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATION: Appointment of By-Law Enforcement Officers DCS 13-46 Geno Vanhaelewyn, Chief Building Official COUNCIL MEETING JUNE 12, 2013 2 RESOLVED THAT Council receive Report DSC 13-46 Appointment of By-Law Enforcement Officers as information; FURTHER RESOLVE THAT Council approve the appointment By-Laws. EXECUTIVE SUMMARY Building and By-Law Services recently reviewed job duties within the department and identified that it would be beneficial to incorporate a level of cross training should there become a void in staffing related to vacation, sick days, etc. The official appointment as a "By-Law Enforcement Officer" by council will allow the officers to issue Part 1 and Part 2 Provincial Offences Notices (fine/ticket) within the Town of Tillsonburg. Some examples of current Part 1 fines within the department are related to Animal Control, Garbage, Noise, Taxi By-Laws, etc. All Part 2 fines are related to the Traffic and Parking By-Law. In order to provide a higher level of service it is recommended that the following staff have the capability to issue Part 1 and 2 fines: -Christine Barnard, Property Standards & By-Law Enforcement Officer -Geno Vanhaelewyn, Chief Building Official STAFF REPORT PARKS AND RECREATION SERVICES Title: TILLSONBURG REGIONAL TRAIL EXPANSION Report No.: PRS 13-12 Author: KELLY J. BATT Meeting Type: COUNCIL MEETING Council/Committee JUNE 12, 2013 Date: Attachments: • Regional Trail Expansion Route RECOMMENDATION RESOLVED THAT Council receive Report PRS 13-12 Tillsonburg Regional Trail Expansion Opportunity; FURTHER RESOLVE THAT Council authorize Town staff to take a leadership role in regional trail expansion by initiating conversations with stakeholders and evaluating funding opportunities. EXECUTIVE SUMMARY Tillsonburg has an extensive trail system and continues to invest in trail development. An opportunity to enhance linkages through Tillsonburg as part of the regional trail network has been identified and staff are asking for Council approval to take a leadership role in regional trail expansion. BACKGROUND INFORMATION In early 2013, staff from the Trans Canada Trail (TCT) organization approached PRS staff with the idea of establishing a trail from Norfolk to Tillsonburg to bridge a gap in the TCT. Currently, TCT offers a program to fund 50% of the cost for approved trail projects and are bringing forward a program offering 70% funding. TCT also provides 100% funding for design work of approved trail projects and have identified this potential connection as one of their short-term priorities to meet TCT's 2017 completion target. The Tillson burg Trails Master Plan (2009) identifies potential expansion of the local trail system along the rail corridor (Phase 4.2). Oxford County is in the process of securing ownership of the former CASO rail line through Oxford County. This 32km route is being considered as a regional trail connection in the County Trails Master Plan process now underway. Capitalizing on upcoming TCT funding announcements is key to financing this new trail linkage in the short term. The CASO line runs through Tillsonburg just south of and parallel to North Street and would bring trail users right into the existing trail network as well as add connections to the northern retail section of Broadway Street and the soccer park. PRS 13-12-Tillson burg Regional Trail Extension Opportunity.docx 1/2 CAO THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 3726 A BY -LAW to authorize a special municipal levy on certain lands within the Business Improvement Area (BIA) for the construction and maintenance of municipal parking lots within the BIA area. WHEREAS Section 312 (4) of the Municipal Act, 2001, provides that the Council of a local municipality shall, after the adoption of estimates for the year, pass a by-law to levy a separate tax rate on part ofthe assessment for local municipality purposes; WHEREAS it is deemed necessary and expedient to levy a special charge for the maintenance of municipal parking lots within the downtown core and more specifically named the Business Improvement Area (BIA). Now therefore the Council of The Corporation of the Town ofTillsonburg enacts as follows: I. That each year a special local municipal levy shall be charged against all property classes within the Business Improvement Area sufficient to pay the estimated costs each year of maintaining all municipal parking lots within the defined area, as set out in Schedule A attached hereto. Such levy shall be in proportion that the assessment of each parcel bears to the total ratable assessment of parcels in the defined area. Such levy shall be set out in the annual by-law to set tax rates for the municipality. 2. Notwithstanding Clause I of this By-Law, any 'residential class' property within the designated area that complies with the parking requirement contained in the current Town of Tillsonburg Zoning By-Law 3295, Section 5.24 Parking Provisions shall be exempt from this special local municipal levy. That property owners, within any 'residential class', may apply for an exemption by completing the form attached hereto as schedule B. That all such exemptions shall be processed in the year in which they are applied, however the tax exemption shall become effective when the annual by-law to set tax rates for the municipality has been passed. 3. That all provisions of the annual By-Law 3719, 'To Provide for the Adoption of Budgetary Estimates, Tax Rates and to Further Provide for Penalty and Interest in Default of Payment Thereof shall apply as set out therein. 4. That By-Law 2835 passed by the Council of the Corporation of the Town of Tillsonburg on April 14th, 1998 shall be hereby repealed. This by-law shall come into effect on the date of the final passing thereof. READ A FIRST AND SECOND TIME THIS 12th DAY OF JUNE, 2013. READ A THIRD AND FINAL TIME AND PASSED THIS 24th DAY OF JUNE, 2013. Mayor -John Lessif Clerk-Donna Wilson RTC/RTQ RT RESIDENTIAL MT MULTI-RESIDENTIAL CT COMMERCIAL XT COMMERCIAL NEW CONSTRUCTION cu VACANT UN ITS/EXCESS LAND ex VACANT LAND xu COM'L NEW CON ST.-EXCESS LAND IT INDUSTRIAL JT INDUSTRIAL NEWCONSTRUCTION IU VACANT UNITS/EXCESS LAND IX VACANT LAND LT LARGE INDUSTRIAL LU VACANT UN ITS/EXCESS LAND PT PIPELINES FT FARMLAND R1 FARMLAND DEV PH 1 TOWN OF TILLSON BURG Schedule "A" to By-Law 3719 2013 TAX RATES TOTAL BASE GENERAL COUNTY SEWERS EDUCATION RATES PARKING 0.00725973 0.00445885 0.00025191 0.00212000 0.01409049 0.00124447 0.01989166 0.01221725 0.00069023 0.00212000 0.03491914 0.00340985 B.I.A. TOTAL 0.01533496 0.03832899 0.01380655 0.00847984 0.00047908 0.01490000 0.03766547 0.00236674 0.00174238 0.04177459 0.01380655 0.00847984 0.00047908 0.01260000 0.03536547 0.00236674 0.00174238 0.03947459 0.00966459 0.00593589 0.00033536 0.01043000 0.02636584 0.00165672 0.00121966 0.02924222 0.00966459 0.00593589 0.00033536 0.01043000 0.02636584 0.00165672 0.00121966 0.02924222 0.00966459 0.00593589 0.00033536 0.01909309 0.01172677 0.00066252 0.01909309 0.01172677 0.00066252 0.01241051 0.00762241 0.00043064 0.01241051 0.00762241 0.00043064 0.01909309 0.01172677 0.00066252 0.01241051 0.00762241 0.00043064 0.00914218 0.00561503 0.00031723 0.00181493 0.00111472 0.00006298 0.00326688 0.00200648 0.00011336 0.01043000 0.02636584 0.01590000 0.04738238 0.01260000 0.04408238 0.01033500 0.03079856 0.01033500 0.03079856 0.01590000 0.04738238 0.01033500 0.03079856 0.01088499 0.02595943 0.00053000 0.00352263 0.00095400 0.00634072 0.02636584 0.04738238 0.04408238 0.03079856 0.03079856 0.04738238 0.03079856 0.02595943 0.00352263 0.00634072 295 NAD_1983_UlM_Zone_17N C) County of Oxford 0 147 By-Law3724 Schedule A -BIA Boundary 295Meters May2, 2013 ;;=:.-... ~(·,·.1\\·. \:.• · .. 'j\ •,1;' ~~ i\ f\ " \~-s( This map is 9 user generated static output from an Internal maPS)Ing srte and is for reference only_ Data layers thatappear on Ulls map may or may not be accumte. cumml. or otherwise reliable NOTE·THIS IS NOT A PLAN OF SURVEY Legend By-Law 3726 Schedule 'B' lll!lla Oil~onbu'CJ Please submit this request by mail or email to: !=5> a;ike tok£1~~ Tillsonburg Corporate Office - Attn: Amber Zimmer, Deputy Clerk REQUEST FOR RELIEF FROM BY-LAW 200 Broadway, Suite 204 Tillson burg, ON N4G 5A7 Civic Address of Subject Property: Email: azimmer@tillsonburg.ca Property Zoned: Legal Description, Roll# if available: Name of Applicant: Date of Request: Mailing address of Applicant: Email address of Applicant D Request for Exemption from By-Law 3726, to authorize a special municipal levy for construction and maintenance of municipal parking lots within the BIA area. Brief Description of reason for exemption: For office use onll£ Director of Development & Communications Clerk's Office Review completed by: Review completed by: Date: Date: Based on the review, the request should be: Based on the review, the request should be: DApproved DApproved Ooenied Ooenied Comments: Comments: Signature: Signature: Council Meeting Date: Request Approved D Request Denied D . Your request will be reviewed and if determined that your property qualifies for an exemption you will be notified, by mail or email, within tO business days af the Town receiving this farm. . All exemptions will be brought to Council, the meeting date will be provided to applicants once known . . This form shall be circulated to the Development Planner, Clerk, and Revenue Manager . THE CORPORATION OF THE TOWN OFTILLSONBURG BY-LAWNUMBER3735 A BY -LAW to dedicate certain reserves owned by the Corporation of the Town ofTillsonburg as parts of public highways in the Town ofTillsonburg. WHEREAS The Municipal Act, S.O. 200I c. 25, Sections 26 and 3I, authorizes municipalities to pass by- laws for establishing highways for public highway purposes; and AND WHEREAS the Corporation of the Town ofTillsonburg is the owner of a certain reserve abutting a public highway as listed in Column I as shown on Registered Plan in Column 2 of Schedule "A" attached hereto; AND WHEREAS it is necessmy to dedicate a public highway over the said reserves listed in Schedule "A"; TIIEREFORE the Council of the Town ofTillsonburg enacts as follows: I. That the reserve as listed in Column I ofSchedule "A" attached hereto shall be dedicated and established as part of the public highway listed opposite under Column 3 .. 2. THAT this By-Law is passed pursuant to the Municipal Act, 200I S.O. 200I, and shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME TillS Uth DAY OF June, 2013. READ A THIRD AND FINAL TIME AND PASSED TillS 12th DAY OF June, 2013. Mayor-John Lessif Clerk-Donna Wilson Column 1 PIN 00034 0090 BY-LAW 3735 SCHEDULE 'A' Column 2 LEGAL DESCRIPTION Block D, Plan M-36 Column 3 ROAD NAME Colin Avenue THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER3736 A BY-LAW to authorize a Subdivision Agreement with Performance Communities Inc. to allow for the development of lands described as Part of Lot 7 Concession 12, designated as Part I on Reference Plan 4IR-7974 in the Town ofTillsonburg. WHEREAS The Town ofTillsonburg is desirous of entering into a Subdivision Agreement with Performance Communities Inc. (Hayhoe Homes) for the development oflands described above. THEREFORE the Council of the Town ofTillsonburg enacts as follows: I. THAT Schedule "A" attached hereto forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule "'A" on behalf of the Corporation of the Town ofTillsonburg. READ A FIRST AND SECOND TIME THIS 12th DAY OF June, 2013. READ A THIRD AND FINAL TIME AND PASSED THIS 12th DAY OF June, 2013. MAYOR-John Lessif CLERK-Donna Wilson Town ofTillsonburg Subdivision Agreement Page 1 ofl9 TOWN OF TILLSONBURG SUBDIVISION AGREEMENT THIS AGREEMENT made the day of , 2013. BETWEEN: PERFORMANCE COMMUNITIES INC. hereinafter called the "Owner" OF THE FIRST PART -and- THE CORPORATION OF THE TOWN OF TILLSONBURG hereinafter called the "Town" OF THE SECOND PART -and- THE CORPORATION OF THE COUNTY OF OXFORD hereinafter called the "County" OF THE THIRD PART WHEREAS the Owner proposes to subdivide and register a Plan of Subdivision on lands described as Part of Lot 7, Concession 12, Geographic Township of Dereham, designated as Part I on Reference Plan 41R-7974 in the Town ofTillsonburg, as shown on a proposed Plan of Subdivision, dated November 6, 2012, submitted by Performance Communities Inc., prepared by Kim Husted Surveying Ltd., and appended as Schedule "A" to this Agreement; AND WHEREAS the draft plan of the land to be subdivided was approved by the County on February 14,2007, under file 32T-06005, and comprising Part Lot 7, Concession 12 (Dereham) and Lots I, 2, 3 and 4 and part of Block A, Registered Plan 1082, in the Town ofTillsonburg, showing 290 lots for single detached dwellings, 6 blocks for townhouses, 4 blocks for either townhouses or single detached dwellings, 6 blocks for walkways, 3 blocks for road widenings, I reserve block, 2 stormwater management blocks, 2 parkland blocks, I block to be conveyed to an adjacent property owner and II local streets. AND WHEREAS prior to the signing of the plan for registration by the County, certain conditions must be fulfilled to the satisfaction of the Town, as set out in the draft conditions of approval dated February 22, 2007; AND WHEREAS this Agreement has been made a condition of approval by the County of Oxford and contains all the requirements, financial and otherwise of the Town regarding the construction of roads, installation of services, and drainage facilities, and any other matters pertaining to the development of the subdivision; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the Town and the County approving the said proposed Plan of Subdivision and the covenants hereinafter expressed, the parties hereto covenant and agree one with the other as follows: 1. DEFINITIONS (a) "Owner" shall include the registered owner or owners in fee simple of the land for which the subdivision is proposed and/or their respective heirs, executors, administrators and assigns, and in addition to its accepted meaning, shall mean and Town ofTillsonburg Subdivision Agreement Page3 ofl9 (v) Supervise construction of the said works; (vi) Maintain all records of construction of the said works; (vii) Supply to the Town and/or the County, drawings on linen, mylar or equivalent, as well as in digital format as described in Section 29 to this Agreement, of all the works as constructed by the Contractor; (viii) On completion of construction of the said works, to supply the Town and/or the County with a certificate that the execution of the said works was in accordance with the approved plans and specifications; (ix) Supervise the construction of any remedial work required by the Town and/or the County. (x) Design and carry out lot grading in accordance with the Residential Design Criteria. Such plan should address lot grading, soil conservation and erosion control plan to the satisfaction of the Long Point Region Conservation Authority, the Town and the County. The plan should detail methods of controlling sediment during construction as well as identizying possible downstream impacts and ways ofminimizingthem. Additionally review any environmental impacts that might be identified in such plan. (xi) Submit a plan for the mitigation or removal of any contaminants identified through an Environmental Site Assessment Report, prepared by a qualified consultant, where such report has been required by the Town or the County for the subject property, such work being the responsibility of the Owner. (c) The Owner agrees with the Town and County that no public services will be installed and no work shall be commenced until the Town and/or County has received and approved such plans, specifications, security and insurance and has expressly authorized such work to commence. All works and services shall be constructed and installed strictly in accordance with the said plans and specifications, all to the satisfaction of the Town and/or the County. The Owner agrees to construct all services and provide other requirements, which will be known only after the details of the engineering design are submitted to the Town and/or the County. The Town and/or the County may require, in writing, such a variance from such plans and specifications as may be required by conditions which may be disclosed as the work progresses, and by sound engineering practice. 4. SCOPE OF AGREEMENT The Owner agrees to construct and complete at his own expense and in a good workmanlike manner, for the Town and the County, all the municipal services as hereinafter set forth to the satisfaction of the Town and County, and to complete, perform or make payment for such other matters as may be provided for herein. The Owner, at his option, may request the Town and/or the County to construct the municipal services as hereinafter set forth. Where such option is exercised, the Town and/or the County shall undertake to call tenders and arrange for the construction ofthe services as provided herein and the Town or the County shall have sole discretion in matters pertaining thereto. The subdivision shall be developed in phases and each phase may be developed stages and each stage of the subdivision will have the necessary services in relation to that stage and in the event that the subdivision is developed in stages the Consulting Engineer shall establish the amount of security for each stage as provided herein to be approved by the Town. This agreement covers the area and lots identified on Schedule "A" or Schedule "A" as amended. Amending Agreement(s) will be required to develop subsequent phases and stages, approval of which will be subject to receipt of all approvals, studies, and requirements ofthe Town including engineering drawings, and amendments to Schedules "A", "B", "C" and "D". Town ofTillsonburg Subdivision Agreement PageS ofl9 (vii) Ministry of the Environment approval-All plans relating to the installation of water mains, appurtenances and services must be submitted to the Town and County for approval by the Town Director of Operations and the County Director of Public Works along with copies ofthe application to be submitted to the Ministry of the Environment for their approval. Before beginning any of the work, evidence must be filed with the Town that the Ministry of Environment approval has been obtained. (viii) Road Grades-Before actual construction begins, proof must be furnished by the Owner or his agents that the road grades have been approved by the Town Director of Operations and/or the County Director of Public Works where water mains are being installed outside the Town limits, in order that the water mains and appurtenances will be laid to the proper grade. (ix) Property Stakes-Sufficient property stakes must be available so that the proper line of the water main can be established and valves, hydrants, services and other appurtenances are properly located. (x) Extent of Work-The extent of the work shall be construed to consist of the labour, equipment and material necessary for the construction of the subdivision in a good, substantial, workmanlike manner of all items required for the completion of the entire work consisting of all the items shown on the drawings which have been approved by the Town and County. (xi) Locates -The Contractor will be responsible for obtaining the location of all other utilities such as, but not limited to, electric underground cables, Bell Telephone Conduits, storm and sanitary sewer systems, water distribution systems, farm drainage tiles, gas mains and services, etc. from the Utility concerned and must protect and/or repair same subject to the regulations of the particular service involved. (xii) Replacement to Original Conditions-All pavement, driveways, entrances to property, lawns, retaining walls, etc. must be replaced in good condition as originally found or better, in consultation with adjacent property owners. (xiii) Signage, Barricades and Lanterns-Signage, barricades and lanterns must be installed on all works for the protection of vehicles and pedestrians and all precautions taken to minimize risk of damage and inconvenience to others. All signage must be erected and displayed in accordance with the Manual of Unifonn Traffic Control Devices. (xiv) Safety-All work shall be carried out so that it conforms with the regulations of the Construction Safety Act, the Workers' Compensation Board, and the Occupational Health and Safety Act, as they pertain to the safe working conditions ofthe persons on the job. (xv) Support of Underground Services-Where an underground service is installed across another underground service, adequate horizontal and vertical bracing must be installed to properly support the affected services during and after construction of/all works as required. (xvi) Pavement Cuts and Road Closures -The Contractor shall take full responsibility for pavement cuts which must be approved by the Town or County Director of Public Works and restored to the regulations applicable. The closing of roads due to the installation of sanitary sewers and/or water mains must have the approval of the Town Director of Operations and/or the County Director of Public Works and the Contractor must observe all applicable regulations and Safety Manuals. (xvii) Valve and Hydrant Wrenches -The Contractor must have a proper valve key and hydrant wrench on the job at all times in case of emergency and at no time is a pipe or other wrench to be used in place of the proper equipment. (xviii)Supply of Water from Hydrant-If the Contractor wishes to use a fire hydrant for a supply of water for construction purposes, he must obtain approval of the Town Director of Operations and provide a proper fitting complete with shut-offvalve to attach to the (c) Oversizing Town ofTillsonburg Subdivision Agreement Page7ofl9 The County may require the Owner to oversize sanitary or water mains to accommodate servicing of lands external to the subdivision lands herein. The Town may require the Owner to oversize storm sewers as per the Town of Tillsonburg Design Criteria By-Law No. 3153 passed on April 25, 2005, and any amendments thereto. Storm sewer oversizing/extension costs to be paid by the developer to the Town in the amount of$27,713.21 (including HST) (d) Roads Subject to the Residential Design Criteria, all roads shown on the said Plan of Subdivision shall be dedicated as public highways, graded, including fill or excavation as required by the Town, to their full width of the allowance. All roads shall be asp halted and such asphalt shall be laid in at such times as may be allowed by the Town in writing. When in the opinion of the Town, it is necessary to change the grade of existing Town roads adjacent to or abutting the said plan, the Owner agrees to grade the road to sub-grade, in the manner and at the same time stipulated by the Town and shall restore the road to its original condition prior to the change in grade. Prior to acceptance by the Town, the Owner shall maintain these roads at the Owner's cost. The naming of streets included in the plan shall be to the satisfaction of the Town. The Owner shall purchase and pay for the installation of all street sign and regulatory signs at the direction of the Town. Until the roads within the subdivision have been assumed by the Town, the Owner is responsible for the erection and maintenance of signs at all entrances to the subdivision stating that the roads within the subdivision have not yet been assumed by the Town (e) Curbs and Gutters Concrete curbs and gutters shall be constructed on all streets within the subdivision in compliance to the Residential Design Criteria but construction shall take place only at such times as may be authorized by the Town in writing. The Town shall approve, in writing, ofthe elevation and final grade of the top of the curbs at the mid-point in front of each lot in the subdivision prior to the construction thereof, and the same shall be constructed to the satisfaction of the Town. The Owner shall provide a record of such heights and grades to the Town. Prior to acceptance by the Town, maintenance and repairs of all curbs and gutters will be the responsibility ofthe Owner. (f) Sidewalks and/or Pedestrian Walkways Concrete sidewalks shall be constructed in compliance to the Residential Design Criteria on at least one side of those streets shown within the subdivision and on both sides of collector and arterial streets as specified by the Town. Sidewalks, where required in the subdivision, shall be constructed according to Schedule "D" attached hereto. Sidewalk ramps will be constructed at intersections or where required to the satisfaction of the Town. Prior to acceptance by the Town maintenance and repairs of all sidewalks will be the responsibility of the Owner. (g) Street Lighting The Owner shall agree to install streetlights on each street as shown on the plan to the satisfaction ofTillsonburg Hydro Inc. (h) Underground Electric Plant The Owner hereby covenants and agrees to install an electrical distribution system on each street as shown on the plan to the satisfaction ofTillsonburg Hydro Inc. \ Town ofTillsonburg Subdivision Agreement Page 9 of 19 Director of Operations shall promptly notifY the Owner and his surety, in writing, of such default or neglect and, if such notification be without effect within seven days after suchnotioe, the Town Director of Operations shall thereupon have full authority and power to purchase materials and employ workmen and machines for proper completion of the said work at the cost and expense of the Owner or his surety or both In case of an emergency, in the opinion of the Town Director of Operations, such wmk may be done without notice. The cost of such work shall be calculated by the Town Director ofOperations whose decision shall be final. The cost of this work, together with an Engineering fee of 5% of the cost of materials and work shall forthwith be paid to the Town by the Owner on demand. Should payment not be received following the issuance of an invoice from the Town, the Townmaydrawupon the security which has been provided by the Owner. It is fin1rer urxlerstood and agreed 1:Jetmm the IE1ies hereto that such entry upon the lands shall be as an agent for the Owner and shall not be deemed for any an acceptance of purpose whatsoever as the said services by the Town. 11. ASSUMPTION OF SERVICES BY COUNTY OnoethesanitaiysewersandwaterdistributionsystemhavebeeninstalledtothesatisfuctionoftheTown and the County, the sanitaiysewertnmksand water distribution system will be assumed and operated by the County and/or the designated service provider. 12. LANDSCAPING-CONTOURS-FINAL GRADES & SURVEY MARKERS The requirements set out in this section will be implemented on a phase by phase basis and will be required for the phase for which the developer is seeking final approval and registration. (a) The Owner agrees to deposit with the Town a plan that is in compliance with the Residential Design Criteria showing: (i) The existing and final elevation of the said lands as determined by reference to a geodetic benchmark or an alternate bench mark acceptable to the Town; (ii) The final grades of all roads as approved by the Town Director of Operations; (iii) The lands designated for drainage works and locations of easements as may be required for municipal services. (b) Barriers along Conservation Authority Lands -The Owner agrees that a snow fence or other barrier suitable to the Town shall be erected by the Owner along any setback line established by the Long Point Region Conservation Authority prior to the commencement of grading, construction and shall remain until all grading and construction and resodding have been completed. (c) Soil Disturbance -The Owner agrees that no construction or soil disturbance shall take place below any setback line established by the Long Point Region Conservation Authority without a geotechnical study prepared by the Owner for the review and approval of the Long Point Region Conservation Authority. (d) Removal of Trees -The Owner agrees trees, other than those which are diseased or dead, shall not be removed other than in an area to be occupied by a dwelling, driveway or landscape structure without the approval of the Town and shall be undertaken in accordance with the County of Oxford Tree Cutting By-Law and Town ofTillsonburg Tree Policy. (e) Soil, Seed and Sod -The Owner agrees to grade, provide top soil and seed or sod the portion of the street allowances lying between the front property line oflots and the curb save and except any private allowances. (f) Grading Requirements-The Owner agrees to extract from each purchaser a covenant in the nature of a restrictive covenant running with lands that the grades and levels will be Town ofTillsonburg Subdivision Agreement Page II ofl9 Inc., the County and the Owner with cross liability endorsement against any claim for public liability, personal injwy, including death or property damage to limits of$5,000,000.00, inclusive, for any one accident arising in any way out of the construction, installation, repair or maintenance of all works and services required herein to be done. The Owner shall provide the County and Town with satis:fuctory evidence of the renewal of the said policy at least fifteen (15) days prior to its expiry. The said policy shall not be subject to cancellation without thirty (30) days prior to its expiry. The said policy shall not be subject to cancellation without thirty (30) days prior written notice to the Town. The Owner shall, at its own expense, maintain the said policy of insurance in full furce and effect until the expiration of the period of guarantee. Failure to procure and maintain the said policy of insurance shall constitute a defuult under this Agreement The Owner covenants that it will indel1ll1i1)r and save harmless the Town, TillsonburgHydro Inc. and County from any and all claims, demands, actions and causes of action, whether the same shall be successful or unsuccessful and from all costs to which the Town, Tillsonburg Hydro Inc. and County may be liable, suffer or be put to in respect of any such action, cause of action, claim or demand on anyway arising out of or alleged to arise out of any work, service, operation or thing constructed, installed, repaired, maintained or done or admitted to be done or negligently done by the Owner, his servants, agents, contractoiS or subcontractoiS under them, in respect of the said works and services, whether or not the same shall be required to be done under the tenns of this Agreement and including (without limiting the generality of the fOregoing), the alteration of any grade or existing level construction, maintenance or repair of any street. 17. PERFORMANCE GUARANTEE-SECURITY As security for the construction and installation of services required by this Agreement and prior to the commencement of any work in any stage of the development provided therein, the Owner shall supply the Town with security as more particularly set out in Schedule "B" hereto, for the performance and completion of all works required by this Agreement as each stage proceeds in an amount equal to the estimated cost of all works in that particular stage and further guaranteeing the workmanship and material in lieu of all other guarantees and warranties express or implied for a period consistent with the Residential Design Criteria from the date that the said works are approved in writing by the Town's Director of Operations, and such security may be in the form of any of the following combination therefore as is acceptable to the Town: (a) A cash deposit with the Town; (b) An irrevocable Letter of Credit in a form acceptable to the Town from a chartered bank expressing to be pursuant to this Agreement and payable to the Town at any time or in part from time to time, upon written notice from the Town that the Owner is in default under this Agreement; (c) A Certificate of Trust deposited with a chartered bank or trust company in a form acceptable to the Town expressed to be pursuant to this Agreement and providing for payment to the Town of the sum deposited or any part thereof from time to time upon written notice from the Town that the Owner is in default under this Agreement; 18. MAINTENANCE DEPOSIT The Owner shall provide a two year maintenance deposit inanamountwhichisequal to 10%ofthe total contract price including all materials and labour and shall guarantee the materials installed and the proper installation of all services. The maintenance deposit shall be in the furrn of cash or letter of credit The Town shall only release this maintenance deposit once the Town is satisfied that all services and materials have been properly installed and functioning in a capacity that is satisfactory to the Town. 25. ISSUANCE OF BUILDING PERMITS Town ofTillsonburg Subdivision Agreement Page 13 of 19 Building permit applications will be considered subject to the following conditions for lots identified on Schedule "A": (a) road allowance has been graded, including fill or excavation, to its full width; (b) curbs and gutters have been installed; (c) base lift of asphalt has been laid; (d) underground water, sanitary and storm sewer systems and hydro services have been installed, CCIV Video for storm & sanitary sewer submitted to the Town for review and acceptance; (e) development charges for the lot, which a pennit is being applied for, have been paid in accordance with the requirements of both the Town and the County. (f) the Engineer of Record having certified to the Town the above work having been completed as per the approved plans and the Town having inspected and verified that the work has been constructed as per the approved drawings; (g) a certificate from an Ontario Land Surveyor certiJYing the replacement of all survey bars having been filed with the Town. A buildingpennitwill be allowed furt\w (2) model homes subject to buildingdeJEiment approval and if services are not yet available a security deprnit will be ftX!llired Building pennit applications will not be considered fur suOOequent phases prior to the approval of the respective Phase in accordance with Section 4. This provision may be varied upon the approval of the Town's Director of Operations. 26. SPECIAL PROVISIONS The owner undertakes as follows: a) The Owner covenants and agrees to provide the Town with evidence that satisfactory arrangements, financial and otherwise, have been made with Canada Post Corporation for the installation of Community Mail Boxes (CMB) as required by Canada Post Corporation and as shown on the approved draft plan, at the time of sidewalk and/or curb installation. The owner further covenants and agrees to provide notice to prospective purchasers of the locations of CMBs and that home/business mail delivery will be provided via CMB, provided the Owner has paid for the activation and equipment installation of the CMB. b) The developer shall construct a fence at his sole cost, along the lot boundaries between Lots 21-3 I inclusive and Blocks 53, 54, 55, 56 and 57; the height and design of which shall be reviewed and approved by the Town ofTillsonburg, at the time of development of the phase in which these lots and block are located. c) That prior to the signing of the final plan by the County, all lots/blocks shall conform to the zoning requirements of the Town ofTillsonburg Zoning By-Law. Certification oflot areas, lot frontages, and lot depths shall be obtained from an Ontario Land Surveyor retained by the developer. d) The owner shall register a warning covenant on title for all lots immediately abutting Quarter Town Line, namely, Lots 20-15. The covenant shall advise noise levels on Quarter Town Line may exceed MOE guidelines; however the use of forced air/air conditioning systems will require that windows remain closed, thereby ensuring interior sound levels are within the MOE's guidelines. The form and content of the covenant shall be to the satisfaction of the Town ofTillsonburg. e) The owner shall submit a tree saving plan to be reviewed and approved by the Town of Tillsonburg. The plan shall detail methods of retaining trees within the subject property, having regard for the findings and conclusions of the Woodland and Hedgerows Environmental Evaluation prepared by North-South Environmental Inc., and provide measures to ensure the woodlot being conveyed to the Town as parkland is conveyed in an acceptable state. Town ofTillsonburg Subdivision Agreement Page 15ofl9 owner to accept, in writing, the tenns and conditions outlined in this Agreement, If this acceptance of the tenns and conditions of the Agreement from the new owner( s) is not received by the date of sale or transfer, the tenns and conditions agreed to in this Agreement shall remain the responsibility of the previous owners. 32. REVISIONS TO TillS AGREEMENT Upon written notification to all parties, the Town, the County and/or the Owner have the right to request revisions to this Agreement provided that the Agreement has been in effect for a minimum of five years. 33. AGREEMENT REGISTERED This Agreement shall be registered against all lands to which it applies at the cost of the Owner. IN WITNESS WHEREOF the parties hereto have hereunto affixed their Corporate Seals this __ day of 2013. ) PERFORMANCE COMMUNITIES INC. ) ) ).~~~=-~~~-------)William R. Hayhoe, President ) I have the authority to bind the Company ) ) THE CORPORATION OF THE TOWN OF TILLSONBURG ) ) )--~--~------------)MAYOR-John Lessif ) ) )~~~~~~-=~--)TOWN CLERK-Donna Wilson ) ) THE CORPORATION OF THE COUNTY OF OXFORD ) ) )~~~~------~~--)COUNTY WARDEN-Don McKay ) ) ) ______________ =-=---- ) COUNTY CLERK -Brenda Tabor Town ofTillsonburg Subdivision Agreement Page 17ofl9 SCHEDULE "B" PLAN 32T-06005 Reynolds Way Subdivision SUMMARY OF ESTIMATED SERVICING COSTS I. 2. 3. 4. 5. 6. 7. 8. Town ofTillsonburg Subdivision Agreement Page 19 of 19 SCHEDULE "D" PLAN 32T-06005 Reynolds Way Subdivision IMPLEMENTATION SCHEDULE Underground Services-Sanitary & Storm Sewers, Water main Storm water Management Pond Road Construction-including Curbs, Granular A & B, Base Lift Asphalt Utility Servicing-Hydro, Gas, Telephone, Cable TV Sidewalks Street Lighting Boulevard Restoration-including topsoil and sod Top Lift Asphalt Completion Date Month/Year May 2013 SWM is existing June 2013 July 2013 Installed after home is built July 2013 May 2013 August2015 THE CORPORATION OF THE TOWN OF TILLSON BURG BY-LAW NUMBER 3737 A BY-LAW TO APPOINT BY-LAW ENFORCEMENT OFFICERS. WHEREAS the Municipal Act, 2001 s.o. 2001, c.25, authorizes council to appoint officers and employees as may be necessary for the purposes of the corporation, or for carrying into effect any Act of the Legislature or by-law of the council; AND WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990, c.P.15, authorizes the Council of any municipality to appoint one or more Municipal Law Enforcement Officers, who shall be peace officers for the purposes of enforcing the by-laws of the municipality; AND WHEREAS the Council of the Corporation of the Town of Tillsonburg deems it necessary and expedient to appoint By-law Enforcement Officers to enforce by-laws enacted by Council of the Corporation of the Town ofTillsonburg. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. THAT Christine Barnard and Geno Vanhaelewyn are hereby appointed as By-law Enforcement Officers for the Corporation of the Town ofTillsonburg. 2. THAT this by-law shall come into force and take effect on the date of its final passing. READ A FIRST AND SECOND TIME THIS 12th DAY OF JUNE, 2013. READ A THIRD AND FINAL TIME AND PASSED THIS 12th DAY OF JUNE, 2013. MAYOR -John Lessif CLERK -Donna Wilson THE CORPORATION OF THE TOWN OF TILLSON BURG BY-LAW NUMBER 3738 A BY-LAW TO APPOINT A BY-LAW ENFORCEMENT OFFICER. WHEREAS the Municipal Act, 2001 s.o. 2001, c.25, authorizes council to appoint officers and employees as may be necessary for the purposes of the corporation, or for carrying into effect any Act of the Legislature or by-law of the council; AND WHEREAS Section 15{1) of the Police Services Act R.S.0.1990, c.P.15, authorizes the Council of any municipality to appoint one or more Municipal Law Enforcement Officers, who shall be peace officers for the purposes of enforcing the by-laws of the municipality; AND WHEREAS the Council of the Corporation of the Town of Tillsonburg deems it necessary and expedient to appoint a By-law Enforcement Officer to enforce by-laws enacted by Council of the Corporation of the Town ofTillsonburg. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. THAT Justin Hammond is hereby appointed as By-law Enforcement Officer for the Corporation of the Town ofTillsonburg. 2. THAT this by-law shall come into force and take effect on June 12th, 2013 the date of its final passing until September 1, 2013 inclusive. READ A FIRST AND SECOND TIME THIS 12"' DAY OF JUNE, 2013. READ A THIRD AND FINAL TIME AND PASSED THIS 12"' DAY OF JUNE, 2013. MAYOR -John Lessif CLERK -Donna Wilson THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAWNO. 3740 A BY-LAW to amend By-Law 3701, being a by-law to regulate traffic and the parking of motor vehicles in the Town ofTillsonburg. WHERAS it is deemed necessary and expedient to amend By-Law 3701. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. THAT Schedule 2 of By-Law 3701-Prohibited Parking-be amended as follows: ADD COLUMN 1 COLUMN2 COLUMN3 COLUMN4 COLUMNS Highway Side From To Time or Day Concession St. North Tillson Ave. 67 m West No Parking P!O!<It Of Parkwood. Anvtime THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3741 A By-Law to amend Zoning By-Law Number 3295, as amended. WHEREAS the Municipal Council of the Corporation of the Town of Tillsonburg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Schedule "A" to By-Law Number 3295, as amended, is hereby amended by changing to 'SC-15' the zone symbol of the lands so designated 'SC-15' on Schedule "A" attached hereto. 2. That Section 14.5 to By-Law Number 3295, as amended is hereby further amended by adding the following subsection at the end thereof: "14.5.15 LOCATION: EAST SIDE OF KING STREET SOUTH OF THIRD STREET (PART LOT 431 I PLAN 500) SC-15 14.5.15.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any SC-14 Zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: All uses permitted in Table 14.1; A daycare centre 14.5.15.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any SC-15 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 14.5.15.2.11NTERIOR SIDE YARD, EASTERLY Minimum Width 0. 76 m (2.5 ft) 14.5.15.2.21NTERIOR SIDE YARD, SOUTHERLY Minimum Width 3.07 m (1 0.1 ft) 14.5.15.3 That all of the provisions of the SC Zone in Section 14.2 of this By- Law, as amended, shall apply; and further, that all other provisions of this By-law, as amended, that are consistent with the provisions herein shall continue to apply mutatis mutandis." SCHEDULE "A" TO BY-LAW No. 3741 PART LOT 431. REGISTERED PLAN 500 s METRES TOWN OF TILLSONBURG ----- 1--L.U L.U 0<: 1--Vl (.J z ~ ~ I )7 ~ )7 0 .,--" \ \ \ )7 ~ \ \ \ -<) \ \ \ \ \ \ \ \ \ )7 C' .,--" .-0 .,--" ~ C' 0 ON ~<XI o--r ..-!JLO D, '<""i z ~~ \.-~ () \.- S.W.ANGLE LOT 431 R.P.500 N79-00-30E 42.66 10 5 0 10 20 30 L 0 T 4 3 0 \ () () \ \ s \ \ \ \ \ \ \ ) \ \ \ --P \ )7 .,--" ( -f-. )7 ~ ----- ( S E C 0 N D S T R E E T CLOSED) L 0 T 4 2 8 D AREA OF ZONE CHANGE TO SC-15 NOTE: ALL DIMENSIONS IN METRES lxfg:;t,f;~!!,l!!Xrclhc, Produced By The Department of Corporate Services Information Systems ©20 7 3 THIS IS SCHEDULE "A" TO BYLAW No. 3741 , PASSED THE 12 DAY OF June ' 2013 MAYOR-John Lessif CLERK -Donna Wilson THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3742 A By-Law to amend Zoning By-Law Number 3295, as amended. WHEREAS the Municipal Council of the Corporation of the Town of Tillsonburg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Schedule "A" to By-Law Number 3295, as amended, is hereby amended by changing to 'R1-13' the zone symbol of the lands so designated 'R1-13' on Schedule "A" attached hereto. 2. That Section 6.5 to By-Law Number 3295, as amended is hereby further amended by adding the following subsection at the end thereof: "6.5.13 LOCATION: NORTH SIDE OF FAIRVIEW STREET (PART LOTS 11-13, PLAN 517) R1-13 6.5.13.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R1-13 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 6.5.13.1.1 PROVISIONS FOR A HOME OCCUPATION (ESTHETICIAN) FLOOR AREA LIMIT Not more than a cumulative total of 32.9 m 2 (354 ft2) of gross floor area of the residential dwelling unit shall be used for the purposes of the home occupation use. 6.5.13.1.2 EMPLOYEES A maximum of one person may be employed who is not a member of the family residing on the lot. 6.5.13.2 That all of the provisions of the R1 Zone in Section 6.2 of this By- Law, as amended, shall apply; and further, that all other provisions of this By-law, as amended, that are consistent with the provisions herein shall continue to apply mutatis mutandis." 3. This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. SCHEDULE "A" " TO BY-LAW No. 3742 PART LOTS 11, 12 AND 13 REGISTERED PLAN 517 ·+· s TOWN OF TILLSONBURG L 0 T ----- \ \) \.- s\) w s~ z :::::; s' z $ G\ 0 ~s f- c.: w f-c.: <( :::J 0' N78-56-30E 50.9 D AREA OF ZONE CHANGE TO R1-13 NOTE: ALL DIMENSIONS IN METRES ~f?!!~~jJ;f.}:C,gelher Produced By The Department of Corporate Services Information Systems ©20 13 3: 0 oo 'Ol ~. ~0 -rll!l ..; z METRES ----5 25 0 10 15 20 1 3 -N78-56·30E---------· 25.45 s \ 1 ~ \ ? \.- \>-\\ 3: 0 00 c\1~ ~0 .ril!l ..; z ----------- \ N78-56-30E \ 25.45 FAIRVIEW STREET THIS IS SCHEDULE "A" TO BYLAW No. 3742 , PASSED THE 12 DAY OF June , 2013 MAYOR-John Lessif CLERK -Donna Wilson THE CORPORATION OF THE TOWN OF TILLSON BURG BY-LAW NUMBER 3739 BEING A BY-LAW to confirm the proceedings of Council at its meetings held on the 12'h day of June,2013 WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the powers of a municipal corporation shall be exercised by its council; AND WHEREAS Section 5 {3) of the Municipal Act, 2001, as amended, provides that municipal powers shall be exercised by by-law; AND WHEREAS it is deemed expedient that the proceedings of the Council of the Town of Tillsonburg at this meeting be confirmed and adopted by by-law; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. All actions of the Council of The Corporation of the Town of Tillsonburg at its special meeting and regular meeting held on June 12, 2013, with respect to every report, motion, by-law, or other action passed and taken by the Council, including the exercise of natural person powers, are hereby adopted, ratified and confirmed as if all such proceedings were expressly embodied in this or a separate by-law. 2. The Mayor and Clerk are authorized and directed to do all the things necessary to give effect to the action of the Council of The Corporation of the Town of Tillsonburg referred to in the preceding section. 3. The Mayor and the Clerk are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of The Corporation of the Town of Tillson burg. 4. This by-law shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 12"' DAY OF JUNE, 2013. READ A THIRD AND FINAL TIME AND PASSED THIS 12'h DAY OF JUNE, 2013. MAYOR-John Lessif TOWN CLERK-Donna Wilson THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 3727 A BY -LAW to Repeal By-Law 2770, being a by-law to authorize the implementation of a Community Festival Licensing policy in and for the Town of Tillsonburg. WHERAS the Council of the Corporation of the Town ofTillsonburg on June I 0, 1996, passed By-Law 2770; AND WHEREAS the Council of the Corporation of the Town ofTillsonburg deems it expedient and necessary to repeal By-Law 2770. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg that By-Law 2770 passed on June I 0, 1996, be hereby repealed. THAT this By-Law shall come into full force and effect on the day of its passing. Read a first and second time this 27th day of May, 2013. Read a third time, passed, signed, sealed and numbered 3455 this 27th day of May, 2013. Mayor-John Lessif Clerk-Donna Wilson COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: June 12, 2013 RESOLUTION NO.: 1 MOVED BY: RESOLVE THAT the Agenda as prepared for the Council Meeting of June 12, 2013, be adopted. D D Carried Recorded Vote D Defeated D Deferred D Tabled ___ Mayor's Initials ) COUNCIL RESOLUTION AGENDA ITEM NO.: Date: June 12, 2013 RESOLUTION NO.: 2 MOVED BY: D D RESOLVE THAT Council move into Closed Session, to consider: Matters relating to the security of the property of the municipality or local board, Surplus Lands; Matters for the purpose of educating or training the members, Assessment Rebates. Carried D Defeated D Deferred D Tabled Recorded Vote Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: Date: June 12, 2013 RESOLUTION NO.: 3 MOVED BY: RESOLVE THAT the Minutes of the Council Meeting of May 27, 2013 be approved. &:rried D Recorded Vote D Defeated D Deferred D Tabled (XI/ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: _3;::;___ Date: June 12, 2013 RESOLUTION NO.: 4 MOVED BY: dlfJ ~ SECONDEDBY: 1 C~ RESOLVE THAT the Town ofTillsonburg Committee of Adjustment approve Application File A- 02/13, submitted by Harnek Grewal for lands described as Part Lot 77, Plan 500 in the Town of Tillson burg as it relates to: 1. Relief from Section 14.2, Service Commercial Zone {SC) Provisions-Rear Yard, to reduce the required minimum rear yard depth from 12m {39.37 ft) to 8 m {26.25 ft); and Relief from Section 14.2, Service Commercial Zone {SC) Provisions-Interior Side Yard, to reduce the required minimum interior side yard width from 4.5 m {14.76 ft) to 3m {9.8 ft); and Relieffrom Section 5.1.1.4-Accessory Buildings and Structures-Maximum Height, to increase the maximum permitted height from 6.0 m {19.6 ft) to 7.92 m {26ft) all for the purpose of allowing for the development of propane storage and dispensing area on the subject lands, subject to the following condition: i) The applicant must amend the current approved site plan for the gas bar property to reflect the additional use of the lands for propane storage and dispensing and to relocate the snow storage area to the satisfaction of the Town of Tillson burg. D D Carried Recorded Vote Deferred D Tabled ~ 7 Mayor's Initials VIA REGULAR MAIL Royal Bank of Canada International Trade Centre-Ontario 180 Wellington Street West 41h Floor Toronto, ON M5J 1J1 Attention: To Whom It May Concern Dear Sirs or Madams: December 1, 2017 RE: LEITER OF CREDIT No. P454634T04117 Town ofTillsonburg Finance Department . 200 Broadway, Suite 204 ·. Tillsonburg, ON N4G SA7 Tel: (519) 688-3009 Fax: (519) 842-9431 I am writing with respect to the above-noted letter of credit (copy enclosed), issued by Performance Communities Inc. in favor of The Corporation of the Town of Tillsonburg in the amount of $300,627. Please reduce this letter of credit from $300,627 to $184,894 (reduction of $115, 733). Please note this letter is to replace the original credit reduction letter dated November 1, 2017, which was not received by RBC. * * * * * I trust the foregoing should be satisfactory for your purposes; however, should you have any questions or require additional information, please feel free to contact the undersigned. En c. Yours very truly, TOWN OF TILLSONBURG Per: _iL~ao~ u .:e Costantino, CPA, CA Manager of Finance I Deputy Treasurer Tel Ext 3236 jcostantino@tillsonburg.ca / /t- 1 ·/ v INT 1 L TRADE CENTRE -ONTARIO 180 WELLINGTON ST WEST 4TH FLOOR TORONTO, ONTARIO, ·MSJ 1J1 CANADA PAGE: l AMENDMENT TO IRREVOCABLE STANDBY LETTER OF CREDIT DATE: JUNE 20, 2017 BENEFICIARY: THE TOWN OF TILLSONBURG 200 BROADWAY 2ND FLOOR, SUITE 204 TILLSONBURG, ONTARIO N4G SA 7 OUR REFERENCE NO.: P454634T04ll7 CURRENCY ~D AMOUNT: CAD 432,173.00 AVAILABLE AMOUNT: CAD 300,627.00 APPLICANT.: PERFORMANCE COMMUNITIES INC. 1 BARRIE BLVD. ST THOMAS, ON NSP 4B9 KINDLY NOTE THAT THE ABOVE MENTIONED IRREVOCABLE. STANDBY LETTER OF CREDIT IS AMENDED AS FOLLOWS: THE AMOUNT OF THIS CREDIT HAS BEEN DECREASED BY CAD 131,546.00. WITH BENEFICIARY'S CONSENT ON FILE. THIS AMENDMENT IS TO BE CONSIDERED AS PART OF THE ABOVE IRREVOCABLE STANDBY LETTER OF CREDIT AND MUST BE ATTACHED THERETO. -~ /t::J t I f /"' /? v ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. ROYAL BANK OF . CANADA ~--~~ m _-:-~·-~~~-~Dill AUTHORIZED SIGNATURE . P454634T041l7 PAGE: 2 ;.q ~ Cotrtreiras --Y?-l1 ___ ---------------- AUTHORIZED SIGNATURE COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: June 12, 2013 SECONDEDBY: ----------~-~/~~--------- RESOLVE THAT the Town of Tillsonburg Committee of Adjustment deny Application File A-02/13, submitted by Harnek Grewal for lands described as Part Lot 77, Plan 500 in the Town of Tillsonburg. The application has been denied for the following reasons: 1. The variance requested is not a minor variance from the provisions of the Town of Tillsonburg Zoning By-Law No. 3295. 2. The variance requested is not desirable for the appropriate development or use of the land, building or structure. 3. The variance requested is not in keeping with the general intent and purpose of the Oxford County Official Plan . 4. The variance requested is not in keeping with the general intent and purpose of the Town of Tillsonburg Zoning By-Law No. 3295. 5. The Variance requested is not desirable due to the concerned adjacent owners and residents of the community in general. 0 Carried D Recorded Vote D Defeated D Deferred D Tabled N ____ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: _4...:....___ Date: June 12, 2013 RESOLUTION NO.: 5 MOVED BY: SECONDED BY: RESOLVE THAT the Council ofthe Town of Tillson burg approve the application submitted byE & E Mclaughlin whereby lands consisting of Part Lot 431, Plan 500, located on the east side of King Street, south of Third Street, in the Town of Tillson burg are to be rezoned from 'Service Commercial Holding Zone (SC-H)' to 'Special Service Commercial Zone (SC-sp)' to include a daycare as an additional permitted use on the subject property. ~rried D Recorded Vote D Defeated D Deferred D Tabled ·~ ___ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: ____;5::;....___ Date: June 12, 2013 RESOLUTION NO.: 6 ::~::::BY• ~:J: RESOLVE THAT the Council of the Town of Tillsonburg approve the application submitted by Katherine & Michael Podlesky whereby lands consisting of Part Lots 11-13, Plan 517, located on the north side of Fairview Street, east of Quarter Town Line Road, in the Town of Tillsonburg are to be rezoned from 'Low Density Residential Type 1 Zone (R1)' to 'Special Low Density Residential Type 1 Zone (R1-sp)' to allow for a home occupation (esthetician) with a maximum gross floor area of 32.9 m2 (354 ft2) and one employee who does not reside in the single detached dwelling. 0 Carried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: _8=---- RESOLUTION NO.: 7 MOVEDBY: Q ~ SECONDEDBY: --------t~~--~==-------- Date: June 12, 2013 RESOLVE THAT Council receive Report CL 13-15, To Dedicate Certain Reserves owned by the Town known as Colin Avenue; FURTHER RESOLVE THAT By-Law 3735 be brought forward for council consideration. cioarried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: -----'9=-----Date: June 12, 2013 RESOLUTION NO.: MOVED BY: RESOLVE THAT Council receive Report CL 13-16, To Authorize a subdivision Agreement with Hayhoe Homes Inc; FURTHER RESOLVE THAT By-Law 3736 be brought forward for council consideration. ~arried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: -----'1=0'----Date: June 12, 2013 RESOLUTION NO.: MOVED BY: RESOLVE THAT Council receive Report CL 13-11, and Report CL 13-17 Parking Levy By-Law; FURTHER RESOLVE THAT a revised by-law to establish a special charge to be levied on certain lands be brought forward for council consideration. ~arried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: .-1=1=---Date: June 12, 2013 RESOLUTION NO.: MOVED BY: RESOLVED THAT Council receive Report OPS 13-16 Traffic Bylaw Amendment Report; FURTHER RESOLVE THAT Council approve the proposed attached Traffic By-law Amendment. ~arried D Recorded Vote D Defeated D Deferred D Tabled -#ayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: _1=2=----Date: June 12, 2013 RESOLUTION NO .: MOVED BY: RESOLVE THAT Council receive Report DCS 13-43 Industrial Land Update-Rokeby Road as information. e_;z:( Carried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: -=13=--Date: June 12, 2013 MOVED BY: RESOLVED THAT Council receive Report DSC 13-46 Appointment of By-Law Enforcement Officers; FURTHER RESOLVE THAT Council approve the appointment By-Laws. ~Carried D Recorded Vote D Defeated D Deferred D Tabled -¥Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: -----'1::....:4-----' Date: June 12, 2013 RESOLUTION NO.: 13 MOVED BY: SECONDED BY: RESOLVED THAT Council receive Report PRS 13-12 Tillsonburg Regional Trail Expansion Opportunity; FURTHER RESOLVE THAT Council authorize Town staff to take a leadership role in regional trail expansion by initiating conversations with stakeholders and evaluating funding opportunities. cfcarried D Recorded Vote D Defeated D Deferred D Tabled ~yor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 15 RESOLUTION NO.: 14 L /e.~ MOVEDBY: ~ _ SECONDEDBY: --~~~=====---------- Date: June 12, 2013 RESOLVE THAT By-Law 3726, to authorize a special municipal levy on certain lands within the Business Improvement Area (BIA), By-Law 3735, To Dedicate a One Foot Reserve as part of Colin Avenue, By-Law 3736, To Authorize a Subdivision Agreement with Performance Communities Inc. (Hayhoe Homes), By-Law 3737, To Appoint By-Law Enforcement Officers, By-Law 3738, To Appoint a By-Law Enforcement Officer, By-Law 3740, to amend By-Law 3701, being a by-law to regulate traffic and the parking of motor vehicles, ~- By-Law 3741, To Amend Zoning By-Law Number 3295, as Amended, By-Law i f/!J}To Amend Zoning By-Law Number 3295, as amended, and By-Law 3739, To Confirm the Proceedings of the Council Meeting of June 12, 2013 be read for a first and second time and this constitutes the first and second reading thereof. J carried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: -=15;...____ Date: June 12, 2013 MOVED BY: RESOLVE THAT By-Law 3727, To Repeal By-Law 2770, to authorize the implementation of a Community Festival Licensing policy, By-Law 3735, To Dedicate a One Foot Reserve as part of Colin Avenue, By-Law 3736, To Authorize a Subdivision Agreement with Performance Communities Inc. (Hayhoe Homes), By-Law 3737, To Appoint By-Law Enforcement Officers, By-Law 3738, To Appoint a By-Law Enforcement Officer, By-Law 3l~~ To Amend Zoning By-Law Number 3295, as Amended, By-Law ~To Amend Zoning By-Law Number 3295, as amended, and By-Law 3739, To Confirm the Proceedings of the Council Meeting of June 12, 2013 be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same, and place the Corporate Seal thereunto. ~ried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials Actual Beds in Use April'll CCC Beds TDMH 16 AH-Ingersoll 14 WGH 25 Total Oxford CCC Beds 55 Rehabilitation Beds WGH 0 Total Oxford Rehab Beds 0 Total Oxford CCC/Rehab 55 Beds South West LHIN CCC/Rehab Bed Realignment-For Consideration June 12, 2013 Actual Beds in Use Possible Scenario December '11 ProposedinJune'12 16 14 38 33 63 38 0 19 0 19 63 57 -....,,.._/ DRAFT LHIN Staff Recommendation in June '13 10 5 33 48 22 22 70 it* Muscular Dystrophy Canada May 15, 2013 Tillsonburg Fire Department M* Dystrophie musculaireCanada C/0 John F. Kovacs, Muscular Dystrophy Canada Chairperson 19 Brock st W Tillsonburg, ON N4G 2A3 Dear John, Since 1954, Fire Fighters have been and continue to be the backbone of Muscular Dystrophy Canada. Fire Fighters are our best ambassadors and are champions for those affected with muscular dystrophy. Last year Canadian Fire Fighters raised almost $3.2 million for Canadians affected with muscular dystrophy and we are thrilled to inform you Ontario Fire Fighters raised 40% of that amount. The combined efforts of 275 Ontario Fire Departments/Associations raised $1 ,251,000 during our past fiscal year which ran April1 5 \ 2012 -March 31 51 , 2013. Congratulations! Thank you to the Tillsonburg Fire Department for your dedication and commitment. Your generous gift of $5,508.37 raised during your 2012 Boot Drive is helping to change the lives of those affected. Because of your support, our organization was able to assist families across Canada in the areas of support, education, equipment, advocacy and research. Fire Fighters have been a part of Muscular Dystrophy Canada for almost 60 years and have pledged their support until a cure is found. Fire Fighter fund raising continues to be our largest and most significant source of revenue and we are extremely proud to be affiliated with you . To date Canadian Fire Fighters have raised over $75 million. Thank you for your partnership and for being a part of this longstanding Fire Fighter tradition. Again, on behalf of Muscular Dystrophy Canada and the thousands of Canadians affected, thank you! Should you have any questions or if I can be of any assistance, please do not hesitate to contact me at (519) 850-8700 I 1-877-850-8720 or e-mail kerri.stocks@muscle.ca. Warmest Regards, Kerri Stocks Revenue Development Coordinator CC: Mayor John Less if, Town of Tillsonburg London Community Office: 383 Richmond St. Suite 915, London, ON N6A 3C4 T 51 9.850.8700 1.877.850.8720 F 51 9.850.8701 W muscle.ca A SPECIAL THANKS TO FIRE FIGHTERS AND CHAPTER VOLUNTEERS FOR THEIR OUTSTANDING WORK IN MOVING MUSCLES FOR MORE THAN 50 YEARS. Taxation Charity Registration Number 110775 5837 RR0001 John Lessif to: Donna Wilson 05/06/2013 12:41 PM Cc: David Calder ' J w. Donna please have added to the June 12th agenda the following ~';E_o.ft,_ u..,;~k f ~J.»J-&; JJ/JJ --1J-Staff te-bring forth a report in Closed session on Resolution No 3 pertaining to the formal complaint on ~t?J behalf of the Town of Tillson burg to the OPP requesting that a thorough and complete inv~stigation into a breach of the Mayor, elected officials emails and employee email accounts be conducte<tf,rurther that the report be given in person by Inspector Clark and whom ever else the OPP may determine. 1--e/ Thank you, Mayor John Lessif jlessif@tillsonburg .ca www.tillsonburg.ca ~Clf'~5~."hlll(j ~ ;~t£t.'kif.ft.~fo4w Town of Tillson burg 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, ON N4G 5A7 Phone: 519-688-3009 Ext. 3234 Fax: 519-842-9431 June 10,2013 Town Council Town of Tillson burg 200 Broadway. Tillsonburg, Ontario N4G 5A7 Attn: Mayor Lessif and Members of Town Council Re: Petro Can Gas Station Variance Propane Storage Tank Installation 509 Broadway, Tillsonburg Dear Sir/Madam: I have been approached by Mr. Greg Bruckler, who is opposing the variance to allow the above installation. He has provided me with the documentation given to him by your staff. He has asked me to review this proposal and provide my comments to him so that he could understand the municipal system better, as I have had involvement in this process. I advised him I would provide you with my comments as well. A little background on my experience, I am retired from The Oakville Fire Department with 28 years of service, eight years as a fire fighter and twenty years as a fire prevention officer. My duties included: plan review, public education, emergency planning and fire investigation. I was a member of the site plan committee and designated as a building official for fire department matters The residents were sent a notice of public meeting and some provided comments prior to the meeting. Then it was called off by staff and sent directly to this council meeting with staff recommendations for your approval. It is my understanding that just because a proposal meets the current zoning standards, that does not mean it must be approved, let alone the town staff give relief from these standards without giving public consideration, their input or their life safety. Is this not why we have public meetings, so there can be more public input, and to request further information to ease the residents concerns prior to a vote? It appears to me that this step has been skipped in the process. To my knowledge none of the residents have been contacted by your staff to respond to their letters or any attempt to alleviate or explain anything about the proposal except to Mr. Bruckler. Even after Mr. Bruckler's original letter of request to you, he had to request the information again after waiting a week and only received it this Friday, hardly enough time to disseminate all the material sent. Needless to say in my experience in these types of matters, our policy was to educate and assist the ratepayers as education was the corporations main objective and to assist the residents as well. The residents are certainly upset and should be, we all know the potential danger of these installations and what CAN and DOES happen. As we all know the time most likely for there to be an accident with propane is when refilling, there is no indication of where the tanker will be on site with refilling the tank even though that is a requirement to the TSSA and was requested in Mr. Bruckler's letter. This could be as much as an additional 8000 more gallons of propane on site and should there be an incident at that time it could be catastrophic. This would be a significant challenge to the Fire Department personnel, equipment and a large risk to many residents in Tillsonburg, I am sure the Fire Chief \ i is one of the best solutions when dealing with propane storage in my 0p1n10n. I am sending this to you, the Councillors in Tillsonburg and the members of The County of Oxford Council. I believe it may affect the other municipalities within the region and everyone should be informed regarding this issue. I am sending this letter to you in advance for your review and to understand the concerns of the residents. I am including my telephone number, should you have any questions. In conclusion, I urge you not to support this proposal and not allow any variances of this type in the future. Respectfully submitted Dave Robertson 9 Elgin Street Unit C Tillsonburg, Ontario 519 409 0226 Committee of Adjustment -Grewal Application 509 Broadway-Propane Tank Bob Parsons to: councillors I2/06/2013 II :55 AM Cc: DCalder, DSamis Hide Details From: "Bob Parsons" <bparsons@twp.norwich.on.ca> To: <councillors@tillsonburg.ca>, Cc: <DCalder@Tillsonburg.ca>, <DSamis@Tillsonburg.ca> History: This message has been forwarded. 1 Attachment .. -. i,:. '-'--' Toronto Zoning By-Law 569-2013 Propane.pdf Members of the committee; I wonder if there may be an opportunity to propose a compromise concerning this application? Page 1 ot 1 I understand the applicant's desire to operate a profitable business. I understand the installation of a propane tank can be made in such a way that it complies with all applicable legislation, codes, standards and zoning requirements. All of the forgoing was the case when the single propane tank exploded at Sunrise causing 2 deaths, 1.8 million dollars of property damage and hundreds of citizens displaced from their homes. At that time it took only one slight human error. All of the regulation in the world will not prevent human error. The residents in the area of this application expect you to ensure our safety. Approving this application places your citizens at risk. In reviewing the City of Toronto Zoning By-Law {569-2013-attached -post Sunrise Propane explosion) I note that a propane tank cannot exceed 1500 litres (396.25 USG). This is only about a fifth of the size that is being proposed by the Grewal application. The other limitation on the Toronto Zoning By-Law is the minimum setback being no closer than 7.5 metres from a residential zone. I feel that a smaller tank therefore may require lesser reduction in the setbacks so that the tank is no closer to any residential property than 7.5 metres. Thank you in advance for any comments you may have on this suggestion. 'Bob 'Parsons Director of Fire and Protective Services Township of Norwich p: 519-863-2709 or 519-879-6568 ext. 236 f: 519-863-3225 c: 519-476-2766 e: bparsons@twp.norwich.on.ca w: www.twp.norwich.on.ca m: 210 Main Street, East PO Box 100 Otterville, ON NOJ 1RO file:///C:/Users/dcalder/ AppData/Local/Temp/notes98F A89/~web532l.htm 12/06/2013 .Av \' 1). ~ ( TOWN OF TILLSO N BURG Public Meeting for the Council Meeting of June 12, 2013 Record of Attendance NAME ADDRESS PHONE E-MAIL (Please Print) (Including Postal Code) ~ Wo\\-e-l~ );-L 0 \ \.o or-~ ~-\: Z 5!'7 C/Lff 4-evJ@ 1 \ ~ exAA.,\~~ ~Jr5L'f L--f c;-8 ~ ? p t~.r-.... \ ""' ~ 5 · c. oA. 1) ~ 1?:. ~ 1'7ev 7 .Yo7 ')?£o 4 P~~~ }I f C(? t, '/I L Lr ~ T1 vt-/-'-z 7&b ' I /(R ~ 7 -;~ r(( EE_ ?r1'cl/ (Cr IE y W e7o7? [7~ C'C:: ..5 s-'5r --:2. ~ ;'~ ...... 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