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181009 Council AGDThe Corporation of the Town of Tillsonburg COUNCIL MEETING AGENDA Tuesday, October 9, 2018 6:00 PM Council Chambers 200 Broadway, 2nd Floor 1.Call to Order 2.Adoption of Agenda Proposed Resolution #1 Moved By: ________________ Seconded By: ________________ THAT the Agenda as prepared for the Council meeting of Tuesday, October 9, 2018, be adopted. 3.Moment of Silence 4.Disclosures of Pecuniary Interest and the General Nature Thereof 5.Adoption of Council Minutes of Previous Meeting Proposed Resolution #2 Moved By: ________________ Seconded By: ________________ THAT the Minutes of the Council meeting of September 24, 2018, be approved. 6.Presentations 6.1 2018 Canadian Legion Poppy Campaign Presented by: Don Burton 7.Public Meetings 7.1 Application for Zone Change ZN 7-18-06, Greg Vermeersch - 80 Frank Street Proposed Resolution #3 Moved By: ________________ Seconded By: ________________ THAT Council approves the zone change application submitted by Greg Vermeersch, whereby the lands described as Lot 152 & Part Lot 159, Plan 500, Town of Tillsonburg, known municipally as 80 Frank Street, are to be rezoned from ‘Low Density Residential Type 1 Zone (R1)’ to ‘Special Low Density Residential Type 2 Zone (R2-sp)’ to recognize the conversion of the existing single detached dwelling into a duplex dwelling. 7.2 Application for Zone Change ZN 7-18-09, Southridge Heights Inc. - 22 Crocus Avenue Proposed Resolution #4 Moved By: ________________ Seconded By: ________________ THAT Council approves the zone change application submitted by Southridge Heights Inc, whereby the lands described as Lots 20, 30, 34, 43 & 44, Plan 41M-145, Town of Tillsonburg, known municipally as 22 Crocus Avenue, 11 & 21 Morning Glory Drive, 57 & 59 Trillium Drive are to be rezoned from ‘Low Density Residential Type 1 Zone (R1)’ to ‘Special Low Density Residential Type 1 Zone (R1-21)’ to provide for additional building envelopes for single detached dwellings. 8.Planning Applications 8.1 Application for Draft Plan of Condominium and Exemption from Draft Plan Approval CD 18-07-7, 2563557 Ontario Inc. - 360 Quarter Town Line Proposed Resolution #5 Moved By: ________________ Seconded By: ________________ THAT Council supports the application for exemption from the draft plan of condominium approval process (Phases 1-5), submitted by 2563557 Ontario Inc., (File No. CD 18-07-7), prepared by CJDL Consulting Engineers & Kim Husted Surveying, and dated August 27, 2018, for lands described as Lot 2, Plan 41M-119, in the Town of Tillsonburg, as all matters relating to the development (Phase 1-5) have been addressed through the Site Plan Approval process and a registered site plan agreement with the Town of Tillsonburg. 8.2 Application for Consent B18-34-7, Lindprop Corporation - 84 North Street E Proposed Resolution #6 Moved By: ________________ Seconded By: ________________ Page 2 of 169 THAT Council advises the Oxford County Land Division Committee that the Town does not support the proposal to sever the subject property, as the proposed consent is premature, not in the public interest, and complicates the future development of the lots to be severed and retained. 8.3 Application for Consent B18-46-7, Patrick Mooney - 32 North Street W Proposed Resolution #7 Moved By: ________________ Seconded By: ________________ THAT Council advises the Oxford County Land Division Committee that it is in favour of the proposal to sever the subject property, subject to the following conditions: The owner enter into a Severance Agreement with the Town of Tillsonburg, to the satisfaction of the Town. 1. The owner shall provide payment to the County of Oxford for the provision of water and wastewater services to the lot to be severed, to the satisfaction of the Oxford County Public Works Department. 2. The owner shall provide a preliminary lot grading plan for the lot to be severed, to the satisfaction of the Town of Tillsonburg Engineering Services Department. 3. The owner shall provide a building location survey, prepared by an Ontario Land Surveyor, to confirm the setback between the existing buildings on the lot to be retained and the new interior lot line, to the satisfaction of the Town Chief Building Official. 4. The Clerk of the Town of Tillsonburg advise the Secretary-Treasurer of the Land Division Committee that all requirements of the Town, financial, services and otherwise, have been complied with. 5. 8.4 Application for Site Plan Amendment TSPC 7-168-2, JMR Properties Inc., 253 Broadway Proposed Resolution #8 Moved By: ________________ Seconded By: ________________ THAT Council directs staff to approve the submitted revised site plan for Application TSPC 7-168-2, to facilitate a 3 storey mixed use development, submitted by JMR Properties Inc., on lands legally described as Part Lot 945 & Lot 944, Plan 500, Tillsonburg, known municipally as 253 Broadway Street. 9.Delegations 10.Deputation(s) on Committee Reports Page 3 of 169 11.Information Items 12.Staff Reports 12.1 Chief Administrative Officer 12.1.1 CAO 18-13, Transit Governance - Recommendations from Tillsonburg Transit Advisory Committee Proposed Resolution #9 Moved By: ________________ Seconded By: ________________ THAT the Council of the Town of Tillsonburg receives Report CAO 18-13, Tillsonburg Transit Advisory Committee Terms of Reference; AND THAT the Community Transportation Pilot Program Steering Committee recommends to Council that a Tillsonburg Transit Advisory Committee be established; AND THAT the Terms of Reference for the Tillsonburg Transit Advisory Committee as reviewed by the Community Transportation Pilot Program Steering Committee be approved; AND FURTHER THAT since the mandate of the Community Transportation Pilot Program Steering Committee has been completed, the Committee be disbanded from this day forward. 12.2 Clerk's Office 12.3 Development and Communication Services 12.4 Finance 12.5 Fire and Emergency Services 12.6 Operations 12.6.1 OPS 18-27, Development Cost-Sharing Agreement Proposed Resolution #10 Moved By: ________________ Seconded By: ________________ THAT Council receives Report OPS 18-27, Development Cost-Sharing Agreement; AND THAT a By-law authorizing the Mayor and Clerk to execute the Page 4 of 169 Development Cost-Sharing Agreement with Performance Communities Realty Incorporated be brought forward for Council consideration. 12.6.2 OPS 18-28, Results for RFP 2018-002 Aerial Platform Fire Apparatus Proposed Resolution #11 Moved By: ________________ Seconded By: ________________ THAT Council receives Report OPS 18-28, Results for RFP 2018-002 Aerial Platform Fire Apparatus; AND THAT Council awards RFP 2018-002 at the negotiated price of $1,424,538.24 (net HST included) to Darch Fire Inc. of Ayr, Ontario; AND THAT Council approves the full utilization of additional DC Reserves towards this project; AND FURTHER THAT Council authorizes the use of Asset Management Reserves to fund the remaining project costs. 12.7 Recreation, Culture & Park Services 12.7.1 RCP 18-30, Sea Scout Storage Update Deferred Motion from August 13, 2018 Council Meeting Proposed Resolution #12 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives Report RCP 18-25, Proposed Equipment Storage Adjacent to Summer Place; AND THAT Council approves Option A as outlined in the report. Proposed Resolution #13 Moved By: ________________ Seconded By: ________________ THAT RCP 18-30 – Sea Scout Storage Update be received for information. 12.7.2 RCP 18-31, Transfer Payment Agreement – Seniors Active Living Centres Program Proposed Resolution #14 Moved By: ________________ Seconded By: ________________ THAT Council receives RCP 18-31 – Transfer Payment Agreement – Page 5 of 169 Seniors Active Living Centres Program; AND THAT Council authorizes the Mayor and Clerk to execute the Transfer Payment Agreement. 13.New Business 14.Consideration of Committee Minutes 14.1 Committee Minutes Proposed Resolution #15 Moved By: ________________ Seconded By: ________________ THAT Council receives the Airport Advisory Committee Minutes dated September 11, 2018; and the Accessibility Advisory Committee Minutes dated September 18, 2018, as information. 15.Motions/Notice of Motions 16.Resolutions/Resolutions Resulting from Closed Session 17.By-Laws 17.1 By-Law 4225, to Amend Zoning By-Law 3295 (ZN 7-18-06), 80 Frank St. 17.2 By-Law 4226, to Amend Zoning By-Law 3295 (ZN 7-18-09), 22 Crocus Ave. 17.3 By-Law 4227, to Amend Zoning By-Law 3295 (ZN 7-18-04), Oxnard Developments, between Harvest Avenue/West Town Line 17.4 By-Law 4229, To Authorize a Development Cost Sharing Agreement (Performance Communities Realty Inc.) Proposed Resolution #16 Moved By: ________________ Seconded By: ________________ THAT By-Law 4225, to Amend Zoning By-Law 3295 (ZN 7-18-06); By-Law 4226, to Amend Zoning By-Law 3295 (ZN 7-18-09); By-Law 4227, to Amend Zoning By-Law 3295 (ZN 7-18-04); and By-Law 4229, to Authorize a Development Cost Sharing Agreement (Performance Communities Realty Inc.) be read for a first, second, third and final reading and that the Mayor and the Clerk Page 6 of 169 be and are hereby authorized to sign the same, and place the corporate seal thereunto. 18.Confirm Proceedings By-law 18.1 Confirm Proceedings By-Law #4228 October 9, 2018 Proposed Resolution #17 Moved By: ________________ Seconded By: ________________ THAT By-Law 4228, to Confirm the Proceedings of the Council Meeting held on October 9, 2018, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 19.Items of Public Interest 20.Adjournment Proposed Resolution #18 Moved By: ________________ Seconded By: ________________ THAT the Council Meeting of Tuesday, October 9, 2018 be adjourned at ______ p.m. Page 7 of 169 1 MINUTES Monday, September 24, 2018 6:00 PM Council Chambers 200 Broadway, 2nd Floor ATTENDANCE: Deputy Mayor Beres Councillor Adam Councillor Esseltine Councillor Hayes Councillor Rosehart Regrets: Mayor Molnar Staff: David Calder, CAO Donna Wilson, Town Clerk Kevin De Leebeeck, Director of Operations Dave Rushton, Director of Finance Rick Cox, Director of Recreation, Culture and Parks Lana White, Deputy Clerk/Executive Assistant Regrets: Jeff Smith, Fire Chief _____________________________________________________________________ 1. Call to Order The meeting was called to order at 6:00 pm. 2. Adoption of Agenda Resolution # 1 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Agenda as prepared for the Council meeting of Monday, September 24, 2018, be adopted. Carried 3. Moment of Silence Page 8 of 169 2 4. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interest were declared. 5. Adoption of Council Minutes of Previous Meeting Resolution # 2 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Minutes of the Council meeting of September 10, 2018, be approved. Carried The Director of Operations introduced the new Manager of Engineering, Shayne Reitsma 6. Public Meetings Resolution # 3 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council move into the Committee of Adjustment to hear applications for Minor Variance at 6:02 pm. Carried 6.1 Application for Minor Variance A17-18, 15 Morning Glory Drive Eric Gilbert, Senior Planner, County of Oxford, appeared before Council and presented Minor Variance Application A-17/18. Opportunity was given for comments and questions from Council. The applicant, Evan Prouse, was in attendance in support of the application. No members of the public appeared before Council in support of, or opposition to, the application. Council passed the following resolution. Resolution # 4 Moved By: Councillor Hayes Seconded By: Councillor Rosehart Page 9 of 169 3 THAT the Committee of Adjustment approves Application File A17-18, submitted by Evan Prouse (Brandon Whitehead), for lands described as Lot 33, Plan 41M-145, Town of Tillsonburg, as it relates to: 1. Relief from Section 5.37.1, Permitted Projections into Required Yards, to increase the permitted encroachment into the required rear yard for a covered deck from 1.5 m (4.9 ft) to 4.27 m (14 ft), and; 2. Relief from Section 6.2, Lot Coverage, to increase the maximum permitted lot coverage from 33% to 35%, to construction of a covered deck addition to an existing single detached dwelling on the subject property, subject to the following conditions: 1. That a building permit for the proposed covered deck shall be issued within one year of the date of the Committee's decision; and 2. That the applicant provide an updated Building Location Survey, to the satisfaction of the Town’s Chief Building Official. Carried Resolution # 5 Moved By: Councillor Adam Seconded By: Councillor Esseltine THAT Council move out of the Committee of Adjustment and move back into regular Council session at 6:10 pm. Carried 7. Planning Applications 8. Presentations 9. Delegations 9.1 2018 Turtlefest Review Cephas Panschow and Les Anderson appeared before Council and introduced the Committee members. They provided an overview of the 2018 Turtlefest event. Opportunity was given for Council to ask questions. The Committee has agreed to provide their 2018 budget and actual details during 2019 Budget deliberations. Page 10 of 169 4 Resolution # 6 Moved By: Councillor Adam Seconded By: Councillor Esseltine THAT Council receives the 2018 Turlefest Review delegation as information. Carried 9.2 Sea Scouts Storage Alternative Solutions Mr. Oliver Gauld, representing the Lake Lisgar Neighbourhood Association, appeared before Council, to address Report RCP 18-25, specifically a proposed storage container at Lake Lisgar, and more generally the issue of parks and green space. Mr. Gauld filed his comments for the public record. Resolution # 7 Moved By: Councillor Esseltine Seconded By: Councillor Adam THAT Council receives the Sea Scouts Storage Alternative Solutions Delegation, presented by Oliver Gauld, Lake Lisgar Neighbourhood Association, as information. Carried 9.3 Community Garden Update Karen Robinson appeared before Council to provide an update on the Community Garden. No expansions are expected at this time, however they are hoping for some assistance with repair of the fencing. The fee for a plot will be increasing to $35, from $25. Plots are 10' x 10'. Anyone interested in a plot can contact The Community Garden on facebook, or contact Karen Robinson. Ms. Robinson filed her comments for the public record. Resolution # 8 Moved By: Councillor Esseltine Seconded By: Councillor Adam Page 11 of 169 5 THAT Council receives the Community Garden Update, presented by Karen Robinson, as information. Carried 10. Deputation(s) on Committee Reports 11. Information Items 12. Staff Reports 12.1 Chief Administrative Officer 12.2 Clerk's Office 12.2.1 CL 18-28, Community Garden Agreement Resolution # 8b Moved By: Councillor Esseltine Seconded By: Councillor Adam THAT Council receives Report CL 18-28, Community Garden Agreement; AND THAT Council authorizes extending the agreement between the Town of Tillsonburg and The Multi-Service Centre for a Community Garden for an additional Five (5) year term ending December 31, 2023. Carried 12.3 Development and Communication Services 12.4 Finance 12.4.1 FIN 18-24, HST Audit Refund Proceeds The Director of Finance presented the attached Report. Council was given an opportunity to ask questions. Resolution # 9 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Report FIN 18-24, HST Audit Refund Proceeds, be received; AND THAT the Town portion of HST audit refund proceeds of $101,967.90 be allocated to specific reserves; Tax Rate Page 12 of 169 6 Stabilization Reserve $72,804.41 and Asset Management Funding Reserve $29,163.49. Carried 12.4.2 FIN 18-25, 2019 Budget Survey - Tillsonburg Results The Director of Finance presented the attached Report. Additional County results/information to be provided by the Director (ie. library, water, waste management, EMS, etc.) Resolution # 10 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives Report FIN 18-25, 2019 Budget Survey - Tillsonburg Results, for information. Carried 12.5 Fire and Emergency Services 12.6 Operations 12.6.1 OPS 18-26 2018 - 2021 Highway Coarse Bulk Salt Resolution # 11 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives Report OPS 18-26, Results for the 2018 – 2021 Supply of Highway Coarse Bulk Salt; AND THAT Council awards the Supply of Highway Coarse Bulk Salt to Compass Minerals of Mississauga, Ontario, at a per tonne unit cost of $76.73 for 2018/2019, $79.03 for 2019/2020, and $81.40 for 2020/2021 (net HST included). Carried 12.7 Recreation, Culture & Park Services 12.7.1 RCP 18-27, Sea Scout Storage Options The Director of RCP presented the attached report and options. Page 13 of 169 7 Information regarding funding of the project and expectations on the Town's part was requested for the next meeting. For the October 9 Council Meeting, the expectation is to choose a location. Resolution # 12 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives Report RCP 18-27, Sea Scout Storage Options as information. Carried 12.7.2 RCP 18-28, Licensing the seating area in the Kinsmen Memorial Arena Resolution # 13 Moved By: Councillor Adam Seconded By: Councillor Esseltine THAT Council receives Report RCP 18-28, Licensing the seating area in the Kinsmen Memorial Arena; AND THAT Council confirms that the permission provided to the Tillsonburg Thunder to obtain a Special Occasion Permit for the service of alcoholic beverages in the tiered seating area of the Kinsmen Memorial Arena until the end of the 2017-18 season is extended to include both the Tillsonburg Thunder and the Tillsonburg Hurricanes organization for the duration of the 2018- 2019 season as long as the provisions of the Municipal Alcohol Policy are complied with. Carried 12.7.3 RCP 18-29, JL Scott McLean Outdoor Recreation Pad Update There will be opportunity for public consultation for permanent closure of the road. The project is expected to be completed by the beginning of December. Page 14 of 169 8 Resolution # 14 Moved By: Councillor Adam Seconded By: Councillor Esseltine THAT Council receives Report RCP 18-29, J.L. Scott McLean Outdoor Recreation Pad Update for information. Carried 13. New Business 14. Consideration of Committee Minutes 14.1 Committee Minutes Resolution # 15 Moved By: Councillor Esseltine Seconded By: Councillor Adam THAT Council receives the Development Advisory Committee minutes dated August 14, 2018, the Museum Advisory Committee minutes dated August 30, 2018, and the Cultural Advisory Committee minutes dated September 4, 2018, as information. Carried 14.2 Business Improvement Area Minutes Resolution # 16 Moved By: Councillor Esseltine Seconded By: Deputy Mayor Beres THAT Council receives the Business Improvement Area Board Meeting Minutes dated August 15, 2018 as information. Carried 15. Motions/Notice of Motions 16. Resolutions/Resolutions Resulting from Closed Session 17. By-Laws 18. Confirm Proceedings By-law Resolution # 17 Moved By: Councillor Rosehart Seconded By: Councillor Hayes Page 15 of 169 9 THAT By-Law 4224, to Confirm the Proceedings of the Council Meeting held on September 24, 2018, be read for a first, second, third and final reading and that the Deputy Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 19. Items of Public Interest Station Arts Annual Dinner and Auction - September 29. For tickets, please call 519-842-6151. Tillsonburg Food Bank Drive - September 29, beginning at 10:00 am. The October 22 Municipal Election will be internet and telephone voting. Voter Information Letters have be mailed. Anyone that does not receive a VIL by October 3 is asked to contact the Customer Service Centre or Corporate Office. Voter Help Centres will be set up at the Customer Service Centre and Corporate Office between October 12 and 22. In addition, Help Centres will be held at various locations within the town beginning October 13. A complete schedule can be found on the Town's website www.tillsonburg.ca/election. 20. Adjournment Resolution # 18 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Council Meeting of Monday, September 24, 2018 be adjourned at 7:53 pm. Carried Page 16 of 169 1 MINUTES Monday, September 24, 2018 6:00 PM Council Chambers 200 Broadway, 2nd Floor ATTENDANCE: Deputy Mayor Beres Councillor Adam Councillor Esseltine Councillor Hayes Councillor Rosehart Regrets: Mayor Molnar Staff: David Calder, CAO Donna Wilson, Town Clerk Kevin De Leebeeck, Director of Operations Dave Rushton, Director of Finance Rick Cox, Director of Recreation, Culture and Parks Lana White, Deputy Clerk/Executive Assistant Regrets: Jeff Smith, Fire Chief _____________________________________________________________________ 1. Call to Order The meeting was called to order at 6:00 pm. 2. Adoption of Agenda Resolution # 1 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Agenda as prepared for the Council meeting of Monday, September 24, 2018, be adopted. Carried 3. Moment of Silence Page 17 of 169 2 4. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interest were declared. 5. Adoption of Council Minutes of Previous Meeting Resolution # 2 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Minutes of the Council meeting of September 10, 2018, be approved. Carried The Director of Operations introduced the new Manager of Engineering, Shayne Reitsma 6. Public Meetings Resolution # 3 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council move into the Committee of Adjustment to hear applications for Minor Variance at 6:02 pm. Carried 6.1 Application for Minor Variance A17-18, 15 Morning Glory Drive Eric Gilbert, Senior Planner, County of Oxford, appeared before Council and presented Minor Variance Application A-17/18. Opportunity was given for comments and questions from Council. The applicant, Evan Prouse, was in attendance in support of the application. No members of the public appeared before Council in support of, or opposition to, the application. Council passed the following resolution. Resolution # 4 Moved By: Councillor Hayes Seconded By: Councillor Rosehart Page 18 of 169 3 THAT the Committee of Adjustment approves Application File A17-18, submitted by Evan Prouse (Brandon Whitehead), for lands described as Lot 33, Plan 41M-145, Town of Tillsonburg, as it relates to: 1. Relief from Section 5.37.1, Permitted Projections into Required Yards, to increase the permitted encroachment into the required rear yard for a covered deck from 1.5 m (4.9 ft) to 4.27 m (14 ft), and; 2. Relief from Section 6.2, Lot Coverage, to increase the maximum permitted lot coverage from 33% to 35%, to construction of a covered deck addition to an existing single detached dwelling on the subject property, subject to the following conditions: 1. That a building permit for the proposed covered deck shall be issued within one year of the date of the Committee's decision; and 2. That the applicant provide an updated Building Location Survey, to the satisfaction of the Town’s Chief Building Official. Carried Resolution # 5 Moved By: Councillor Adam Seconded By: Councillor Esseltine THAT Council move out of the Committee of Adjustment and move back into regular Council session at 6:10 pm. Carried 7. Planning Applications 8. Presentations 9. Delegations 9.1 2018 Turtlefest Review Cephas Panschow and Les Anderson appeared before Council and introduced the Committee members. They provided an overview of the 2018 Turtlefest event. Opportunity was given for Council to ask questions. The Committee has agreed to provide their 2018 budget and actual details during 2019 Budget deliberations. Page 19 of 169 4 Resolution # 6 Moved By: Councillor Adam Seconded By: Councillor Esseltine THAT Council receives the 2018 Turlefest Review delegation as information. Carried 9.2 Sea Scouts Storage Alternative Solutions Mr. Oliver Gauld, representing the Lake Lisgar Neighbourhood Association, appeared before Council, to address Report RCP 18-25, specifically a proposed storage container at Lake Lisgar, and more generally the issue of parks and green space. Mr. Gauld filed his comments for the public record. Resolution # 7 Moved By: Councillor Esseltine Seconded By: Councillor Adam THAT Council receives the Sea Scouts Storage Alternative Solutions Delegation, presented by Oliver Gauld, Lake Lisgar Neighbourhood Association, as information. Carried 9.3 Community Garden Update Karen Robinson appeared before Council to provide an update on the Community Garden. No expansions are expected at this time, however they are hoping for some assistance with repair of the fencing. The fee for a plot will be increasing to $35, from $25. Plots are 10' x 10'. Anyone interested in a plot can contact The Community Garden on facebook, or contact Karen Robinson. Ms. Robinson filed her comments for the public record. Resolution # 8 Moved By: Councillor Esseltine Seconded By: Councillor Adam Page 20 of 169 5 THAT Council receives the Community Garden Update, presented by Karen Robinson, as information. Carried 10. Deputation(s) on Committee Reports 11. Information Items 12. Staff Reports 12.1 Chief Administrative Officer 12.2 Clerk's Office 12.2.1 CL 18-28, Community Garden Agreement Resolution # 8b Moved By: Councillor Esseltine Seconded By: Councillor Adam THAT Council receives Report CL 18-28, Community Garden Agreement; AND THAT Council authorizes extending the agreement between the Town of Tillsonburg and The Multi-Service Centre for a Community Garden for an additional Five (5) year term ending December 31, 2023. Carried 12.3 Development and Communication Services 12.4 Finance 12.4.1 FIN 18-24, HST Audit Refund Proceeds The Director of Finance presented the attached Report. Council was given an opportunity to ask questions. Resolution # 9 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Report FIN 18-24, HST Audit Refund Proceeds, be received; AND THAT the Town portion of HST audit refund proceeds of $101,967.90 be allocated to specific reserves; Tax Rate Page 21 of 169 6 Stabilization Reserve $72,804.41 and Asset Management Funding Reserve $29,163.49. Carried 12.4.2 FIN 18-25, 2019 Budget Survey - Tillsonburg Results The Director of Finance presented the attached Report. Additional County results/information to be provided by the Director (ie. library, water, waste management, EMS, etc.) Resolution # 10 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives Report FIN 18-25, 2019 Budget Survey - Tillsonburg Results, for information. Carried 12.5 Fire and Emergency Services 12.6 Operations 12.6.1 OPS 18-26 2018 - 2021 Highway Coarse Bulk Salt Resolution # 11 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives Report OPS 18-26, Results for the 2018 – 2021 Supply of Highway Coarse Bulk Salt; AND THAT Council awards the Supply of Highway Coarse Bulk Salt to Compass Minerals of Mississauga, Ontario, at a per tonne unit cost of $76.73 for 2018/2019, $79.03 for 2019/2020, and $81.40 for 2020/2021 (net HST included). Carried 12.7 Recreation, Culture & Park Services 12.7.1 RCP 18-27, Sea Scout Storage Options The Director of RCP presented the attached report and options. Page 22 of 169 7 Information regarding funding of the project and expectations on the Town's part was requested for the next meeting. For the October 9 Council Meeting, the expectation is to choose a location. Resolution # 12 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives Report RCP 18-27, Sea Scout Storage Options as information. Carried 12.7.2 RCP 18-28, Licensing the seating area in the Kinsmen Memorial Arena Resolution # 13 Moved By: Councillor Adam Seconded By: Councillor Esseltine THAT Council receives Report RCP 18-28, Licensing the seating area in the Kinsmen Memorial Arena; AND THAT Council confirms that the permission provided to the Tillsonburg Thunder to obtain a Special Occasion Permit for the service of alcoholic beverages in the tiered seating area of the Kinsmen Memorial Arena until the end of the 2017-18 season is extended to include both the Tillsonburg Thunder and the Tillsonburg Hurricanes organization for the duration of the 2018- 2019 season as long as the provisions of the Municipal Alcohol Policy are complied with. Carried 12.7.3 RCP 18-29, JL Scott McLean Outdoor Recreation Pad Update There will be opportunity for public consultation for permanent closure of the road. The project is expected to be completed by the beginning of December. Page 23 of 169 8 Resolution # 14 Moved By: Councillor Adam Seconded By: Councillor Esseltine THAT Council receives Report RCP 18-29, J.L. Scott McLean Outdoor Recreation Pad Update for information. Carried 13. New Business 14. Consideration of Committee Minutes 14.1 Committee Minutes Resolution # 15 Moved By: Councillor Esseltine Seconded By: Councillor Adam THAT Council receives the Development Advisory Committee minutes dated August 14, 2018, the Museum Advisory Committee minutes dated August 30, 2018, and the Cultural Advisory Committee minutes dated September 4, 2018, as information. Carried 14.2 Business Improvement Area Minutes Resolution # 16 Moved By: Councillor Esseltine Seconded By: Deputy Mayor Beres THAT Council receives the Business Improvement Area Board Meeting Minutes dated August 15, 2018 as information. Carried 15. Motions/Notice of Motions 16. Resolutions/Resolutions Resulting from Closed Session 17. By-Laws 18. Confirm Proceedings By-law Resolution # 17 Moved By: Councillor Rosehart Seconded By: Councillor Hayes Page 24 of 169 9 THAT By-Law 4224, to Confirm the Proceedings of the Council Meeting held on September 24, 2018, be read for a first, second, third and final reading and that the Deputy Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 19. Items of Public Interest Station Arts Annual Dinner and Auction - September 29. For tickets, please call 519-842-6151. Tillsonburg Food Bank Drive - September 29, beginning at 10:00 am. The October 22 Municipal Election will be internet and telephone voting. Voter Information Letters have be mailed. Anyone that does not receive a VIL by October 3 is asked to contact the Customer Service Centre or Corporate Office. Voter Help Centres will be set up at the Customer Service Centre and Corporate Office between October 12 and 22. In addition, Help Centres will be held at various locations within the town beginning October 13. A complete schedule can be found on the Town's website www.tillsonburg.ca/election. 20. Adjournment Resolution # 18 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Council Meeting of Monday, September 24, 2018 be adjourned at 7:53 pm. Carried Page 25 of 169 Page 1 of 6 Report No: CP 2018-295 COMMUNITY PLANNING Council Date: October 9, 2018 To: Mayor and Members of Tillsonburg Council From: Heather St. Clair, Development Planner, Community Planning Application for Zone Change ZN 7-18-06 – Greg Vermeersch REPORT HIGHLIGHTS  The application for zone change proposes to rezone the subject lands from ‘Low Density Residential Type 1 Zone (R1)’ to ‘Low Density Residential - Type 2 Zone (R2)’ to recognize the creation of a duplex on the subject lands.  Planning staff are recommending approval of the application as it is generally consistent with the policies of the Provincial Policy Statement and the County’s Official Plan respecting residential intensification on lands designated Low Density Residential. DISCUSSION Background OWNER/ APPLICANT: Greg Vermeersch 97 Brock Street East, Tillsonburg ON, N4G 2A1 LOCATION: The subject lands are located on the east side of Frank Street, lying between Third Street and Fourth Street in the Town of Tillsonburg. The subject lands are legally described as Lot 152 and Part Lot 159, Plan 500, and are municipally known as 80 Frank Street. COUNTY OF OXFORD OFFICIAL PLAN: Schedule “T-1” Schedule “T-2” Town of Tillsonburg Land Use Plan Town of Tillsonburg Residential Density Plan Residential Low Density Residential TOWN OF TILLSONBURG ZONING BY-LAW NO.3295: Existing Zoning: Low Density Residential - Type 1 Zone (R1) Proposed Zoning: Low Density Residential - Type 2 Zone (R2) Recommended Zoning: Special Low Density Residential - Type 2 Zone (R2-sp) Page 26 of 169 Report No: CP 2018-295 COMMUNITY PLANNING Council Date: October 9, 2018 Page 2 of 6 PROPOSAL: The purpose of the application is to rezone the subject property from ‘Low Density Residential - Type 1 Zone (R1)’ to ‘Low Density Residential - Type 2 Zone (R2)’ to recognize the conversion of the existing single detached dwelling to a duplex dwelling. Specifically, the proposed rezoning would permit the existing second dwelling unit, which has been located in the basement of the building since the applicant purchased the property in 2007. The subject lands are located on the east side of Frank Street, lying between Third and Fourth Street and are approximately 341 m2 (3,670.5 ft2) in area, with approximately 16.5 m (54.1 ft) of frontage on Frank Street and surrounding land uses are predominately single detached dwellings. The subject lands contain an existing single storey, single detached dwelling that contains two dwelling units which were established without the benefit of a building permit. One dwelling unit is located on the main floor and the other in the basement of the building. Plate 1, Location Map with Existing Zoning, shows the location of the subject property and the existing zoning in the immediate vicinity. Plate 2, Close-up of Subject Lands (2015 Air Photo), provides an aerial view of the subject property. Plates 3a & 3b, Applicant’s Sketch, shows the dimensions and layout of the existing dwelling units. Application Review PROVINCIAL POLICY STATEMENT: The 2014 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 1.1.3.1 of the PPS provides that Settlement Areas will be the focus of growth and their vitality and regeneration shall be promoted, while 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 1.4.3 of the PPS states that Planning authorities shall provide for an appropriate mix of housing types and densities to meet projected requirements of current and future residents by permitting and facilitating all forms of housing required to meet the social, health, and well-being requirements of current and future residents and permitting and facilitating all forms of residential intensification, including second units, and redevelopment in accordance with policy 1.1.3.3. OFFICIAL PLAN: The subject lands are designated Residential and Low Density Residential according to the Land Use Plan and Residential Density Plan for the Town of Tillsonburg, as contained in the County’s Page 27 of 169 Report No: CP 2018-295 COMMUNITY PLANNING Council Date: October 9, 2018 Page 3 of 6 Official Plan. Low density residential areas are those lands that are primarily developed or planned for a variety of low-rise, low density housing forms including both executive and smaller single-detached dwellings, semi-detached, duplex and converted dwellings, street-fronting townhouses and other, similar development. Within areas designated Low Density Residential, it is intended that there will be a mixing and integration of different forms of housing to achieve a low overall density of use. The policies of Section 8.2 (Town of Tillsonburg Housing Development and Residential Areas) promote the accommodation of present and future demand for housing in Tillsonburg through the efficient use of vacant residentially-designated lands, underutilized parcels in built-up areas and existing housing stock in all neighbourhoods. The policies of Section 8.2.2.2 (Tenure Mix) provides that Town Council shall encourage the creation of housing opportunities that may result in a mix of tenure forms, such as ownership, rental and cooperative, throughout the Town. Such encouragement will include the provision of opportunities for development of a variety of housing forms in newly developing areas and by permitting sensitive infilling and accessory apartments in built-up areas. TOWN OF TILLSONBURG ZONING BY-LAW: The subject property is currently zoned ‘Low Density Residential - Type 1 Zone (R1)’, according to the Town of Tillsonburg Zoning By-law. Permitted uses within the ‘R1’ zone include a single detached dwelling. The applicant is proposing to rezone the subject lands to ‘Low Density Residential - Type 2 Zone (R2)’ to permit the second dwelling unit in the existing building. The ‘R2’ zone permits the development of single detached dwellings, semi-detached dwellings, converted dwellings and duplexes, as well as group homes and home occupations, in accordance with relevant provisions of the By-law. Duplex dwellings are permitted, to a maximum of two dwellings per lot, and require a minimum lot area of 620 m2 (6,673.6 ft2), a minimum lot frontage of 18 m (59.1 ft) and a minimum lot depth of 30 m (98.4 ft). Lands zoned ‘R2’ also require a minimum front and rear yard depth of 7.5 m (24.6 ft), and a maximum lot coverage of 40% of the lot area. Further, dwelling units require a minimum gross floor area of 65 m2 (699.7 ft2), and a minimum of two parking spaces per unit, which in this instance would result in four required parking spaces. The subject lands are approximately 341 m2 (3,670.5 ft2) size, with approximately 16.5 m (54.1 ft) of frontage and 20.5 m (67.3 ft) of depth, which is not compliant with the requirements of the ‘R2’ zone for duplex dwellings. No site plan has been provided by the applicant, but it appears as though the existing lot and associated dwelling (which can be considered legal non-conforming) is also non-compliant with the minimum 7.5 m (24.6 ft) front yard setback. The applicant has indicated that each of the two dwelling units are approximately 78.9 m2 (850 ft2) in area, which is in keeping with the minimum gross floor area requirement of the Zoning By- law, and with a lot area of 341 m2 (3,670.5 ft2), the existing lot coverage is approximately 23%, which is also in keeping with the maximum lot coverage provision of the By-law. The applicant has also indicated that the subject lands contain parking for 4 vehicles. Page 28 of 169 Report No: CP 2018-295 COMMUNITY PLANNING Council Date: October 9, 2018 Page 4 of 6 The Zoning By-law defines non-conforming to mean a use, building, structure or any part thereof which was lawfully occupied and/or existed at the date of passing of the By-law, which does not conform with the permitted uses or provisions of the zone in which it is now located. AGENCY COMMENTS: The application was circulated to various public agencies considered to have an interest in the proposal. The Tillsonburg Building Services Department has indicated that a building permit will be required for the second dwelling unit. PUBLIC CONSULTATION: Notice of complete application and notice of public meeting regarding this application was circulated to surrounding property owners on September 19, 2018. As of the writing of this report, no comments were received from the public. Planning Analysis Planning staff have reviewed the proposal under the direction of the Provincial Policy Statement and are satisfied that the proposal is consistent with the intent of the PPS to facilitate all forms of residential intensification (including second units), and provide for an appropriate range of housing types and densities to meet the needs of current and future residents. Further, staff are of the opinion that the proposal represents an efficient use of existing municipal infrastructure. The proposal is also consistent with the permitted uses and forms of development contemplated in the Low Density Residential designation, which permits the development of duplex dwellings, and is intended for a mixing and integration of different forms of housing. With respect to the Town Zoning By-law, the applicant has requested to rezone the subject lands from ‘Low Density Residential Type 1 Zone (R1)’ to ‘Low Density Residential Type 2 Zone (R2)’, which permits the development of duplex dwellings, subject to a number of development standards being met. Planning staff have reviewed the proposal with regard to the development standards of the ‘R2’ zone and note that the subject lands do not appear to comply with the lot area, frontage, depth and front yard provisions of the By-law, but staff are satisfied that the subject property can be considered legal non-conforming as it, together with the existing structure, have existed in this configuration prior to the implementation of the Zoning By-law. The purpose of the lot frontage, area and depth requirements of the By-law are intended to ensure that residential development occurs on lands of a sufficient size to accommodate residential uses. These provisions also assist in ensuring that minimum lot sizes are maintained to achieve consistency with surrounding residential lot sizes and to ensure that sufficient space is maintained on private property to account for private parking, drainage and amenity space. In this instance, the applicant is requesting approval to allow for a second dwelling unit that has already been established in the existing structure on the property. As no new development is proposed that would increase the lot coverage of the property, staff are satisfied that site specific provisions to address the lot area, depth frontage and front yard setbacks is appropriate in this Page 29 of 169 Report No: CP 2018-295 COMMUNITY PLANNING Council Date: October 9, 2018 Page 5 of 6 instance as there will be no anticipated additional impact on drainage, and the applicant has indicated that the existing driveway is large enough to accommodate 4 cars, which is in keeping with the parking requirement for a duplex in an ‘R2’ zone. Based on the foregoing, it is the opinion of this office that the proposed zoning by-law amendment to permit the existing duplex is appropriate from a planning perspective and can be given favourable consideration, and it is noted that a permit will be required from the Town Building Department to legalize the existing use. RECOMMENDATION 1. It is recommended that the Council of the Town of Tillsonburg approve the zone change application submitted by Greg Vermeersch, whereby the lands described as Lot 152 & Part Lot 159, Plan 500, Town of Tillsonburg, known municipally as 80 Frank Street, are to be rezoned from ‘Low Density Residential Type 1 Zone (R1)’ to ‘Special Low Density Residential Type 2 Zone (R2-sp)’ to recognize the conversion of the existing single detached dwelling into a duplex dwelling. SIGNATURES Authored by: Heather St. Clair, MCIP, RPP Development Planner Approved for submission by: Eric Gilbert, MCIP, RPP Senior Planner Page 30 of 169 Report No: CP 2018-295 COMMUNITY PLANNING Council Date: October 9, 2018 Page 6 of 6 Report Approval Details Document Title: ZN 7-18-06_ Report.docx Attachments: - Report Attachments.pdf Final Approval Date: Sep 28, 2018 This report and all of its attachments were approved and signed as outlined below: David Calder - Sep 28, 2018 - 4:08 PM Page 31 of 169 September 12, 2018 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. This is not a plan of survey Legend 1020 Notes NAD_1983_UTM_Zone_17N 51 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) Plate 1: Location Map with Existing Zoning File No: ZN 7-18-06- Greg Vermeersch Lot 152 & Part Lot 159, Plan 500, 80 Frank Street, Town of Tillsonburg Subject Property Page 32 of 169 September 12, 2018 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. This is not a plan of survey Legend 260 Notes NAD_1983_UTM_Zone_17N 13 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) Plate 2: Close-up of Subject Lands (2015 Air Photo) File No: ZN 7-18-06- Greg Vermeersch Lot 152 & Part Lot 159, Plan 500, 80 Frank Street, Town of Tillsonburg Subject Property Page 33 of 169 Plate 3a: Applicant's Sketch File No: ZN 7-18-06- Greg Vermeersch Lot 152 & Part Lot 159, Plan 500, 80 Frank Street, Town of TillsonburgPage 34 of 169 Plate 3b: Applicant's Sketch File No: ZN 7-18-06- Greg Vermeersch Lot 152 & Part Lot 159, Plan 500, 80 Frank Street, Town of Tillsonburg Page 35 of 169 Page 1 of 6 Report No: CP 2018-275 COMMUNITY PLANNING Council Date: October 9, 2018 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community Planning Application for Zone Change ZN 7-18-09 – Southridge Heights Inc. REPORT HIGHLIGHTS  The application for zone change proposes to rezone the subject lands from ‘Low Density Residential Type 1 Zone (R1)’ to ‘Special Low Density Residential Type 1 Zone (R1-21)’ to permit a reduced rear yard depth and increased lot coverage for single detached dwellings.  The requested relief will permit slightly larger single detached dwellings on existing vacant residential lots, and will allow attached garages to encroach into the required front yard depth. The requested relief is consistent with relief granted by the Committee of Adjustment for several minor variances in the past several years in the Southridge subdivision.  Planning staff are recommending approval of the application as it is consistent with the policies of the Official Plan respecting residential uses within the Low Density Residential designation. DISCUSSION Background OWNER/ APPLICANT: Southridge Heights Inc. 9 Woodland Cres, Tillsonburg ON, N4G 4G6 LOCATION: The subject property is described as Lots 20, 30, 34, 43 & 44, Plan 41M-145, Town of Tillsonburg. The subject properties are located on the west side of Morning Glory Drive, north side of Crocus Avenue, and south side of Trillium Drive, and are municipally known as 22 Crocus Avenue, 11 Morning Glory Drive, 21 Morning Glory Drive, 57 & 59 Trillium Drive. COUNTY OF OXFORD OFFICIAL PLAN: Schedule “T-1” Schedule “T-2” Town of Tillsonburg Land Use Plan Town of Tillsonburg Residential Density Plan Residential Low Density Residential Page 36 of 169 Report No: CP 2018-275 COMMUNITY PLANNING Council Date: October 9, 2018 Page 2 of 6 TOWN OF TILLSONBURG ZONING BY-LAW NO.3295: Existing Zoning: Low Density Residential Type 1 Zone (R1) Proposed Zoning: Special Low Density Residential Type 1 Zone (R1-21) PROPOSAL: The application for zone change proposes to rezone the subject lands from ‘Low Density Residential Type 1 Zone (R1)’ to ‘Special Low Density Residential Type 1 Zone (R1-21)’ to permit a reduced rear yard depth, increased lot coverage, and provide for a permitted encroachment for attached garages into the required front yard depth for single detached dwellings. The subject lands are 6 vacant lots located within the Southridge plan of subdivision, registered in 1994. The lots vary in area from 543 m2 (5,845 ft2) to 680 m2 (7,320 ft2). Surrounding land uses consist of single detached dwellings in the Southridge subdivision, and agricultural land within the Township of South-West Oxford to the north and west. Plate 1, Existing Location and Zoning, shows the location of the subject property and the existing zoning in the immediate vicinity. Plate 2, 2015 Aerial Map, provides an aerial view of the subject property. Plate 3, Applicant’s Sketch, shows the lots that are subject to this application. Application Review PROVINCIAL POLICY STATEMENT: The 2014 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 1.1.3.1 of the PPS states that Settlement Areas will be the focus of growth and their vitality and regeneration shall be promoted. 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 1.4.3 of the PPS states that Planning authorities shall provide for an appropriate mix of housing types and densities to meet projected requirements of current and future residents by permitting and facilitating all forms of housing required to meet the social, health, and well-being requirements of current and future residents and permitting and facilitating all forms of residential intensification, including second units, and redevelopment in accordance with policy 1.1.3.3. Page 37 of 169 Report No: CP 2018-275 COMMUNITY PLANNING Council Date: October 9, 2018 Page 3 of 6 OFFICIAL PLAN: The subject lands are designated ‘Residential’ and ‘Low Density Residential’ according to the Land Use Plan and Residential Density Plan for the Town of Tillsonburg, as contained in the Official Plan. Low density residential districts are those lands that are primarily developed or planned for a variety of low-rise, low density housing forms including both executive and smaller single-detached dwellings, semi-detached, duplex and converted dwellings, street-fronting townhouses and other, similar development. Within areas designated Low Density Residential, it is intended that there will be a mixing and integration of different forms of housing to achieve a low overall density of use. The policies of Section 8.2 (TOWN OF TILLSONBURG HOUSING DEVELOPMENT AND RESIDENTIAL AREAS) promote the accommodation of present and future demand for housing in Tillsonburg through the efficient use of vacant residentially-designated lands, underutilized parcels in built-up areas and existing housing stock in all neighbourhoods. TOWN OF TILLSONBURG ZONING BY-LAW: The subject property is currently zoned ‘’Low Density Residential Type 1 Zone (R1)’, according to the Town of Tillsonburg Zoning By-law. Permitted uses within the ‘R1’ zone include a single detached dwelling. The R1 zone requires a minimum rear yard depth of 12 m (39.3 ft), front yard depth of 7.5 m (24.6’) for lots created prior to the passing of the zoning by-law, and permits a maximum lot coverage of 33% for all buildings and structures. The applicant is seeking to reduce the rear yard depth to 10.5 m (34.4 ft), increase the maximum lot coverage to 35%, and introduce a provision to permit an attached garage to project 1.5 m (4.9 ft) into the required front yard depth. The purpose of the minimum front yard depth is to ensure that dwellings are situated an appropriate distance from the street, and to ensure that there is adequate space for the provision of private parking within the driveway on site. The intent of the rear yard depth provision is to ensure that single detached dwellings maintain adequate setback to provide a buffer between neighbouring properties, as well as maintaining sufficient space for recreation and amenity areas, privacy, and proper area for drainage. The purpose of the lot coverage provision is to limit the extent of buildings/structures on a lot to ensure sufficient area is maintained for parking and private amenity space as well as ensuring the general lot grading for the overall subdivision and the individual lot are not negatively impacted. The lot coverage provision also ensures that the general scale of development is consistent and appropriate for the size of the lot. AGENCY COMMENTS: The application was circulated to various public agencies considered to have an interest in the proposal. The Tillsonburg Building Services Department indicated that they have no objection to the application, but recommend that the permitted projection into the required front yard only apply to attached garages to ensure that there is a consistent setback on the street. Page 38 of 169 Report No: CP 2018-275 COMMUNITY PLANNING Council Date: October 9, 2018 Page 4 of 6 The Tillsonburg Engineering Services Department indicated that they have no objection to the application. Any impacts to individual lot grading and drainage plans can be reviewed at a site- specific level upon submission of building permit applications. PUBLIC CONSULTATION: Notice of complete application and notice of public meeting regarding this application was circulated to surrounding property owners on two occasions, September 14, 2018 & September 25, 2018. As of the writing of this report, no comments were received from the public. Planning Analysis It is the opinion of this Office that the proposed zoning application is consistent with the policies of the Provincial Policy Statement and Official Plan and can therefore be supported from a planning perspective. The proposal is consistent with the Provincial Policy Statement direction to provide for an appropriate diversity of housing types and densities to meet the needs of current and future residents. The proposal is consistent with the permitted uses and forms of development contemplated in the Low Density Residential designation. With respect to the Town Zoning By-law, in this case, it is not anticipated that the minimal increase in lot coverage will have a negative impact on lot grading or drainage. A preliminary lot grading plan for each dwelling will be reviewed as part of the building permit process to ensure the proposal will have no negative impacts on neighbouring properties or the overall drainage plan for the subdivision. The reduced rear yard depth will also provide additional flexibility to provide larger decks and patios that are prevalent in this area, and the requested relief is similar to relief granted by the Town Committee of Adjustment for six other properties in the vicinity on Crocus Ave, Morning Glory Drive, and Trillium Drive. There will be sufficient rear yard remaining to accommodate typical garden sheds and any drainage swales/easements. The proposed permitted encroachment for attached garages into the front yards will provide an opportunity to use varying dwelling designs and alternate roof peaks while maintaining the prevalent setback on the street. Sufficient space (6.0 m) will remain to accommodate parking within private driveways. Based on the foregoing, it is the opinion of this office that the proposed zoning by-law amendment to create an expanded building envelope for single detached dwellings is appropriate from a planning perspective and can be given favourable consideration. Page 39 of 169 Report No: CP 2018-275 COMMUNITY PLANNING Council Date: October 9, 2018 Page 5 of 6 RECOMMENDATION 1. It is recommended that the Council of the Town of Tillsonburg approve the zone change application submitted by Southridge Heights Inc, whereby the lands described as Lots 20, 30, 34, 43 & 44, Plan 41M-145, Town of Tillsonburg, known municipally as 22 Crocus Avenue, 11 & 21 Morning Glory Drive, 57 & 59 Trillium Drive are to be rezoned from ‘Low Density Residential Type 1 Zone (R1)’ to ‘Special Low Density Residential Type 1 Zone (R1-21)’ to provide for additional building envelopes for single detached dwellings. SIGNATURES Authored by: Eric Gilbert, MCIP, RPP Senior Planner Approved for submission: Gordon Hough, RPP Director Page 40 of 169 Report No: CP 2018-275 COMMUNITY PLANNING Council Date: October 9, 2018 Page 6 of 6 Report Approval Details Document Title: ZN 7-18-09_ Report.docx Attachments: - ZN 7-18-09 Report Attachments.pdf Final Approval Date: Sep 24, 2018 This report and all of its attachments were approved and signed as outlined below: David Calder - Sep 24, 2018 - 1:46 PM Page 41 of 169 September 12, 2018 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. This is not a plan of survey Legend 1380 Notes NAD_1983_UTM_Zone_17N 69 Meters Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) Crocus Avenue Morning Glory Drive Primrose Drive Trillium Drive Dogwood Drive Tulip Drive Southridge Road Plate 1: Existing Location and Zoning Map File No: ZN 7-18-09- Southridge Heights Inc. Lots 20, 30, 34, 43 & 44, Plan 41M-145, Town of Tillsonburg - 11 Crocus Ave, 11 & 21 Morning Glory Drive, 57 & 59 Trillium Drive Subject Properties Township of South-West Oxford Page 42 of 169 September 12, 2018 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. This is not a plan of survey Legend 1380 Notes NAD_1983_UTM_Zone_17N 69 Meters Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) Subject Properties Plate 2: 2015 Aerial Map File No: ZN 7-18-09- Southridge Heights Inc. Lots 20, 30, 34, 43 & 44, Plan 41M-145, Town of Tillsonburg - 11 Crocus Ave, 11 & 21 Morning Glory Drive, 57 & 59 Trillium Drive Trillium Drive Primrose Drive Dogwood Drive Crocus Avenue Morning Glory Drive Southridge Road Tulip Drive Township of South-West Oxford Page 43 of 169 Plate 3: Applicant's Sketch File No: ZN 7-18-09- Southridge Heights Inc. Lots 20, 30, 34, 43 & 44, Plan 41M-145, Town of Tillsonburg - 11 Crocus Ave, 11 & 21 Morning Glory Drive, 57 & 59 Trillium Drive Page 44 of 169 Report No: CP 2018-287 COMMUNITY PLANNING Council Date: October 9, 2018 Page 1 of 7 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community Planning Application for Draft Plan of Condominium and Exemption from Draft Plan Approval CD 18-07-7 – 2563557 Ontario Inc. REPORT HIGHLIGHTS  The purpose of this report is to consider the approval of a draft plan of condominium and exemption from the draft approval process to facilitate condominium ownership of a portion of a proposed residential development consisting of 64 townhouse units.  The applicant proposes to register the condominium in phases. The areas subject to this condominium approval and exemption from draft plan approval include 5 townhouse blocks, consisting of 30 townhouse units.  No concerns were raised as a result of agency circulation.  The proposal is consistent with the relevant policies of the Provincial Policy Statement, maintains the general intent of the County Official Plan, and complies with the provisions of the Town’s Zoning By-law. DISCUSSION Background OWNER: 2563557 Ontario Inc. 186 Tillson Avenue, Tillsonburg ON, N4G 3B1 SOLICITOR: Laura Glithero, Cohen Highley LLP. 255 Queens Ave, 11th Floor, London ON, N6A 5R8 OLS: Kim Husted Surveying 30 Harvey Street, Tillsonburg ON, N4G 3J8 LOCATION: The subject lands are described as Lot 2, Plan 41M-119, in the Town of Tillsonburg. The lands are located on the east side of Quarter Town Line, north of Langrell Avenue, and are municipally known as 360 Quarter Town Line. Page 45 of 169 Report No: CP 2018-287 COMMUNITY PLANNING Council Date: October 9, 2018 Page 2 of 7 COUNTY OF OXFORD OFFICIAL PLAN: Schedule “T-1” Town of Tillsonburg Land Use Plan Residential Schedule “T-2” Town of Tillsonburg Residential Density Plan Medium Density Residential TOWN OF TILLSONBURG ZONING BY-LAW 3295: Existing Zoning: Special Medium Density Residential Zone (RM-2) PROPOSAL: An application has been received for approval of a plan of condominium and exemption from the draft approval process. The application will facilitate condominium ownership of a proposed residential development consisting of 30 townhouse units. Access will be provided via an internal private road, directly from Quarter Town Line. For Council’s information, a zone change application (ZN 7-17-07) was approved by Town Council in July 2017, for the purpose of facilitating the proposed development. Subsequent to this, the owner obtained site plan approval for Phases 1-5 of the proposed condominium from the Town in November 2017 (TSPC 7-178). The balance of the lands (Phases 6-9) do not have site plan approval at this time. The total number of units in the development is 64 townhouse units. The exemption from draft plan approval of condominium process can only occur if site plan approval has been granted, or all requirements of the Town and County have been met. As only a portion of the development has site plan approval, this application for draft plan of condominium and exemption from draft plan approval will only apply to the portion of the development that has site plan approval (Phases 1-5). As indicated by the applicant, each townhouse unit, including parking and amenity space, as well as each multiple attached dwelling house unit, will be for the exclusive use of individual owners. All areas outside of the individual units including visitor parking, landscaped areas, walkways, road ways, open areas and other outside elements, will be held in common ownership. A condominium development differs from a plan of subdivision in that the roads, parks, water and sanitary sewers, as well as other ‘common’ features within the plan are typically owned privately by the condominium corporation. The subject lands comprise approximately 1.9 ha (4.6 ac), and contain 2 townhouse blocks currently under construction. Surrounding uses include low density residential uses to the immediate south and southwest, medium density residential uses to the north, and an automobile sales and service dealership adjacent to the east. Plate 1, Existing Zoning & Location Map, provides the location of the subject property and the existing zoning in the immediate vicinity. Plate 2, Aerial Map (2015) with Existing Zoning, provides an aerial view of the subject property and surrounding area. Page 46 of 169 Report No: CP 2018-287 COMMUNITY PLANNING Council Date: October 9, 2018 Page 3 of 7 Plate 3, Approved Site Plan, shows the approved site plan and limits of site plan approval for the development. Plate 4, Proposed Draft Plan of Condominium, shows the proposed phasing and location of the proposed units, parking areas and access, and limit of site plan approval. Application Review Provincial Policy Statement The 2014 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 directs that healthy, liveable and safe communities are sustained, in part, by accommodating an appropriate range and mix of residential (including second units, affordable housing and housing for older persons), employment (including industrial and commercial), institutional (including places of worship, cemeteries and long-term care homes), recreation, park and open space, and other uses to meet long-term needs. According to Section 1.1.3.1, settlement areas shall be the focus of growth and development, and their vitality and regeneration shall be promoted. Further, land use patterns within settlement areas shall be based on densities and a mix of land uses, which efficiently use land and resources, and are appropriate for, and efficiently use, the infrastructure and public service facilities which are planned or available, as well as a range of uses and opportunities for intensification and redevelopment. Further, Section 1.4.3 directs that planning authorities shall provide for an appropriate range and mix of housing types and densities to meet projected requirements of current and future residents of the regional market area by:  Establishing and implementing minimum targets for the provision of housing which is affordable to low and moderate income households;  Permitting and facilitating all forms of housing required to meet the social, health and well-being requirements of current and future residents;  Directing the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are or will be available to support current and projected needs;  Promoting densities for new housing which efficiently use land, resources, infrastructure and public service facilities, and support the use of active transportation and transit in areas where it exists or is to be developed; and,  Establishing development standards for residential intensification, redevelopment and new residential development which minimize the cost of housing and facilitate compact form, while maintaining appropriate levels of public health and safety. Page 47 of 169 Report No: CP 2018-287 COMMUNITY PLANNING Council Date: October 9, 2018 Page 4 of 7 Official Plan The subject property is designated ‘Medium Density Residential’ according the Town of Tillsonburg Residential Density Plan, as contained in the County Official Plan. Medium density residential areas are those lands that are primarily developed or planned for low profile multiple unit development that exceed densities established Low Density Residential Areas. Residential uses within the Medium Density Residential Designation include townhouses, cluster houses, converted dwellings, and apartment buildings. In this designation it is intended that there will be a mixing and integration of different forms of housing to achieve an overall medium density. To help achieve a variety of forms of housing, Town Council may choose to restrict the range of uses permitted on individual sites through the Zoning By-law. Section 8.2.2.2 of the Official Plan also contains policies where Town Council can encourage the creation of housing opportunities within the Town that may result in a mix of tenure forms, such as ownership, rental and cooperative units. ZONING BY-LAW: The subject property is zoned ‘Special Medium Density Residential Zone (RM-2)’ according to the Town’s Zoning By-Law. The ‘RM-2’ zone permits a total of 64 street fronting townhouse dwellings and provides for a reduced front yard depth of 5.4 m (17.7’) and a reduced setback from the centerline of Quarter Town Line of 16.3 m (53.4’). Site specific provisions are also included to deem the private street to be a public street for the purposes of zoning interpretations with respect to setbacks for the townhouse blocks, and to remove the provisions with respect to maximum lot area per dwelling unit. In addition to the site specific provisions that apply to this property, the ‘RM’ zone requires a minimum lot area per dwelling unit of 150 m2 (1,614.6 ft2) or 240 m2 (2,583.4 ft2) for end units, minimum lot depth of 30 m (98.4’), rear yard depth of 7.5 m (24.6 ft), and exterior side yard of 6 m (19.7 ft). The proposed draft plan appears to be consistent with the approved site plan and the proposal meets the relevant provisions of the ‘RM-2’ zone. AGENCY REVIEW: The Town of Tillsonburg Engineering Services Department (Building Division), Town of Tillsonburg Building Services Department, and County Public Works Department indicated that they have no comments or concerns regarding the application. Planning Analysis Applications for condominium approval can be dealt with in one of two ways, in accordance with the Condominium Act. The first method generally involves a process similar to an application for draft plan of subdivision where, after appropriate circulation, a proposal receives 'draft' approval which is contingent on the applicant satisfying a number of conditions prior to final approval and registration. Page 48 of 169 Report No: CP 2018-287 COMMUNITY PLANNING Council Date: October 9, 2018 Page 5 of 7 The second process is where the approval of the condominium is exempt from the draft or ‘conditional’ approval stage and proceeds directly to final approval. The exemption process is intended to apply to proposals that have previously undergone a complete evaluation (i.e. site plan approval) and no further conditions of approval are required by the municipality for the development to proceed. As noted, the proposed development was subject to a zoning amendment that was approved by Council in July 2017. In addition, phases 1-5 of the development received site plan approval from the Town in November 2017, and is subject to the conditions of the development agreement that was entered into with the Town of Tillsonburg as part of the site plan approval process. In light of this, the requested exemption for phases 1-5 of the development can be considered appropriate. As the proposal will facilitate the creation of a different form of housing to meet the long term social needs of current and future residents in a designated Settlement Area, Planning staff are of the opinion that the proposal is consistent with the policies of the PPS. The proposal is also in keeping with the ‘Medium Density Residential’ policies of the Official Plan, and the proposed development will create of a housing opportunity that will contribute to providing a mix of tenure forms in the Town, which in keeping with the policies of Section 8.2.2.2. Further, no concerns were raised with respect to compliance with residential development standards or relevant codes, and the design of the proposed development was approved by the Town during the site plan process. Based on a review of the draft plan of condominium, it would appear that the proposed development will meet the relevant provisions of the ‘RM-2’ Zone. In light of the foregoing, Planning staff are of the opinion that the proposal is consistent with the relevant policies of the Provincial Policy Statement, maintains the general intent of the County Official Plan, and complies with the provisions of the Town’s Zoning By-law. As such, the application for draft plan of condominium and exemption from the draft approval process can be supported from a planning perspective. RECOMMENDATIONS That the Council of the Town of Tillsonburg advise County Council that the Town supports the application for draft approval of a proposed condominium (Phases 1-5) submitted by 2563557 Ontario Inc., (File No. CD 18-07-7), prepared by CJDL Consulting Engineers & Kim Husted Surveying, and dated August 27, 2018, for lands described as Lot 2, Plan 41M-119, in the Town of Tillsonburg; And further, that the Council of the Town of Tillsonburg advise County Council that the Town supports the application for exemption from the draft plan of condominium approval process (Phases 1-5), submitted by 2563557 Ontario Inc., (File No. CD 18-07-7), prepared by CJDL Consulting Engineers & Kim Husted Surveying, and dated August 27, 2018, for lands described as Lot 2, Plan 41M-119, in the Town of Tillsonburg, as all matters relating to the development (Phase 1-5) have been addressed through the Site Plan Approval process and a registered site plan agreement with the Town of Tillsonburg. Page 49 of 169 Report No: CP 2018-287 COMMUNITY PLANNING Council Date: October 9, 2018 Page 6 of 7 SIGNATURES Authored by: Eric Gilbert, MCIP, RPP Senior Planner Approved for submission: Gordon K. Hough, RPP Director Page 50 of 169 Report No: CP 2018-287 COMMUNITY PLANNING Council Date: October 9, 2018 Page 7 of 7 Report Approval Details Document Title: CD18-07-7_rpt.docx Attachments: - Report Attachments.pdf Final Approval Date: Sep 24, 2018 This report and all of its attachments were approved and signed as outlined below: David Calder - Sep 24, 2018 - 1:44 PM Page 51 of 169 May 30, 2017 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. This is not a plan of survey Legend 1280 Notes NAD_1983_UTM_Zone_17N 64 Meters Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) Quarter Town Line Broadway Plate 1 - Existing Zoning & Location Map File No.: CD 7-18-07 -2563557 Ontario Inc. Lot 2, Plan M119, Town of Tillsonburg - 360 Quarter Town Line Subject Property Tulip Drive Trillium Drive Langrell Avenue Southridge Road Page 52 of 169 May 30, 2017 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. This is not a plan of survey Legend 670 Notes NAD_1983_UTM_Zone_17N 33 Meters Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) Plate 2 - Aerial Map (2015) with Existing Zoning File No.: CD 7-18-07 -2563557 Ontario Inc. Lot 2, Plan M119, Town of Tillsonburg - 360 Quarter Town Line Quarter Town Line Subject Property Page 53 of 169 Cyril J. Demeyere LimitedP.O. Box 460, 261 BroadwayTillsonburg, Ontario. N4G 4H8Tel: 519-688-1000866-302-9886Fax: 519-842-3235cjdl@cjdleng.com1TOWN OF TILLSONBURGQUARTER TOWN LINE ROADQUARTER TOWN LINE ROADGPlate 3 - Approved Site Plan File No.: CD 7-18-07 -2563557 Ontario Inc. Lot 2, Plan M119, Town of Tillsonburg - 360 Quarter Town LineArea that has site plan approvalPage 54 of 169 Plate 4 - Proposed Draft Plan of Condominium File No.: CD 7-18-07 -2563557 Ontario Inc. Lot 2, Plan M119, Town of Tillsonburg - 360 Quarter Town Line Area that has site plan approval Page 55 of 169 Report No: CP 2018-296 COMMUNITY PLANNING Council Meeting: October 9, 2018 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community Planning Application for Consent B18-34-7 - Lindprop Corporation REPORT HIGHLIGHTS  The Application for Consent proposes to sever a portion of a draft approved plan of subdivision (32T-07006), retaining a portion of the draft plan that includes a proposed street to provide access to the retained lands. The balance of the retained lands are vacant and are designated for future residential use.  The draft plan (32T-07006) was originally approved in 2008, and has received 4 extensions to draft plan approval. The current lapsing date is October 22, 2020.  Planning staff do not support the application as it is premature, and not in the public interest and could compromise the future development of the retained lands. Staff suggest that a portion of the draft plan be registered to ensure the retained lands have legal frontage, and an adequate legal outlet for stormwater, municipal water and sanitary sewer services. DISCUSSION Background OWNER/APPLICANT: Lindprop Corporation 55 Blue Willow Drive, Vaughan ON L4L 9E8 AGENT: CJDL Consulting Engineers 261 Broadway, Tillsonburg ON N4G 4H8 LOCATION: The subject lands are described as Part Lots 4 & 5, Concession 10 (Dereham), Parts 1 & 2 of 41R-5045, in the Town of Tillsonburg. The lands are located on the north side of North Street East, lying between Falcon Road and Tillson Avenue / Cranberry Road, and are municipally known as 84 North Street East. Page 56 of 169 Report No: CP 2018-296 COMMUNITY PLANNING Council Meeting: October 9, 2018 Page 2 of 7 OFFICIAL PLAN: Schedule “T-1” Town of Tillsonburg Land Use Plan Residential Schedule “T-2” Town of Tillsonburg Residential Density Plan Low Density Residential TOWN OF TILLSONBURG ZONING BY-LAW NUMBER 3295: Existing Zoning: Future Development Zone (FD) SERVICES: Lot to be Severed – Municipal water & sanitary sewer services (proposed) Lot to be Retained – None ROAD ACCESS: Paved, County Road (North Street West) PROPOSAL: SEVERED LOT RETAINED LOT Area 14.24 ha (35.2 ac) 44.46 ha (110 ac) Frontage 52.72 m (173’) 213.7 m (701’) (none once 0.3 m reserve is conveyed) Depth 398 m (1306’) 97.8 m (321’) The purpose of the Application for Consent is to sever a portion of a draft approved plan of subdivision, retaining a street to provide access for the lands to be retained. The lot to be severed has an approximate area of 14.24 ha (35.2 ac), frontage of 52.72 m (173’), and irregular depth of 398 m (1306’). The lot to be retained has an area of 44.46 ha (110 ac) and currently has frontage of 213.7 m (701’) of frontage on North Street East, but will have none once a condition of draft plan approval is satisfied, requiring a 0.3 m reserve. The lands to be severed and retained are currently vacant and in agricultural production. The subject lands contain a draft approved plan of subdivision, 32T-07006, which was approved in 2008 and has been granted four extensions of draft approval. The draft approved plan of subdivision contains 141 single detached dwellings, 17 semi-detached dwellings (34 units), with a commercial block and a block for park and open space, served by four new local streets. The lot to be severed will have frontage on North Street East and a future extension of Canary Street, however the frontage on North Street East near Falcon Road is intended to be a stormwater management channel and no street or vehicular access is permitted. The lot to be retained will have direct frontage on North Street East (Street 3), further frontage on North Street East to the east will be precluded by a 0.3 m reserve due to poor sightlines, as supported by a Traffic Impact Study submitted during the draft plan approval process. Page 57 of 169 Report No: CP 2018-296 COMMUNITY PLANNING Council Meeting: October 9, 2018 Page 3 of 7 Surrounding land uses consist of single detached dwellings to the east within the Rolling Meadows Plan of subdivision, single detached dwellings fronting on the north side of North Street East, and service commercial uses to the southwest. Vacant residential land is located to the south and northwest. Lands within the Township of South-West Oxford are located to the north. Plate 1, Location Map with Existing Zoning, shows the location of the subject lands and the existing zoning in the immediate vicinity. Plate 2, Approved Draft Plan with Aerial Map Overlay, provides an aerial view of the property and surrounding lands in the immediate area, with the draft approved plan of subdivision. Plate 3, Draft Approved Plan of Subdivision, depicts the overall concept plan for the retained lands, and the boundaries between the lands to be severed and land to be retained. Application Review 2014 Provincial Policy Statement The Provincial Policy Statement (PPS) directs that Ontario’s long-term prosperity, environmental health and social well-being depend on wisely managing change and promoting efficient land use and development patterns. Efficient land use and development patterns support strong, liveable and healthy communities, protect the environment as well as public health and safety, and facilitate economic growth. In support of these provincial interests and goals, settlement areas shall be the focus of growth and their vitality and regeneration shall be promoted. Section 1.1.1 of the PPS provides that healthy, liveable and safe communities are sustained by: a) Promoting efficient development and land use patterns which sustain the financial wellbeing of the Province and municipalities over the long term; b) Accommodating an appropriate range and mix of residential (including second units, affordable housing and housing for older persons), employment (including industrial and commercial), institutional (including places of worship, cemeteries and long-term care homes), recreation, park and open space, and other uses to meet long-term needs; c) Avoiding development and land use patterns which may cause environmental or public health and safety concerns; d) Avoiding development and land use patterns that would prevent the efficient expansion of settlement areas in those areas which are adjacent or close to settlement areas; e) Promoting cost-effective development patterns and standards to minimize land consumption and servicing costs; f) Improving accessibility for persons with disabilities and older persons by identifying, preventing and removing land use barriers which restrict their full participation in society; g) Ensuring that necessary infrastructure, electricity generation facilities and transmission and distribution systems, and public service facilities are or will be available to meet current and projected needs; and h) Promoting development and land use patterns that conserve biodiversity and consider the impacts of a changing climate. Page 58 of 169 Report No: CP 2018-296 COMMUNITY PLANNING Council Meeting: October 9, 2018 Page 4 of 7 Official Plan The subject lands are located within the 'Low Density Residential' designation according to the County Official Plan. Low density residential districts are those lands that are primarily developed or planned for a variety of low-rise, low density housing forms including both executive and smaller single-detached dwellings, semi-detached, duplex and converted dwellings, street-fronting townhouses and other, similar development. Within areas designated Low Density Residential, it is intended that there will be a mixing and integration of different forms of housing to achieve a low overall density of use. Section 10.3.3 - Plans of Subdivision & Condominium, provides that County Council and Area Councils will evaluate applications for plans of subdivision on the basis of the requirements of the Planning Act as well as criteria including, but not limited to the following:  consistency with the objectives and policies of the Official Plan;  there is capacity available in the municipal water and sewage treatment systems and there is suitable provision for roads, water, storm and sanitary sewers, waste disposal, recyclable collection, public utilities, fire and police protection, parks, schools, and other community facilities;  the plan is designed to effectively accommodate Environmental Resources and mitigate environmental constraints and human-made constraints;  the plan is designed to reduce any negative effect on surrounding land uses, the transportation network, or significant natural features;  the plan is designed to be integrated with adjacent developments;  the plan is designed to be compatible with the natural features and topography of the site. Subdivisions proposing extensive areas of cut and fill will be discouraged. Section 10.3.4 - Consents, provides Official Plan review criteria for the Oxford County Land Division to consider when reviewing consent applications. The Land Division Committee will evaluate applications for consent in accordance with the requirements of the Planning Act, but also on the basis of the following criteria:  the Land Division Committee shall be satisfied that a plan of subdivision is not necessary for the proper and orderly development of land and that the plan of subdivision process is upheld as the primary method of lot creation;  any lots to be created would conform to the policies of the Official Plan and the provisions of the Zoning By-Law;  the granting of the consent application will not prejudice the future lot creation potential of the area;  the proposed lot will have direct frontage on a permanent public road maintained year round at a reasonable standard of construction and will not require the opening or extension of a public road;  the proposed lot will have adequate water supplies and sewage services and the stormwater management consistent with the requirements of the Official Plan and Province;  access to the proposed lot would not create traffic problems or hazards, as identified by the authority with jurisdiction over the road. In granting a consent, the Oxford County Land Division Committee shall require applicants to satisfy conditions prior to the stamping of deeds for registration purposes. To provide for the fulfilment of conditions, the applicant may be required to enter into a severance agreement with the Area Municipality and where necessary, the County. Page 59 of 169 Report No: CP 2018-296 COMMUNITY PLANNING Council Meeting: October 9, 2018 Page 5 of 7 Zoning By-law The subject property is zoned ‘Future Development Zone (FD)’ which does not permit any new structures or buildings. The FD zone is a holding zone, intended to preserve lands for future development. The current FD zoning is appropriate for the lands to be severed and retained. Prior to the development of the draft plan of subdivision, an amendment to this zoning will be required. Agency Comments Town of Tillsonburg Engineering Services Department provided the following comments: Generally, Engineering services staff have concern with the proposed consent as it will complicate the servicing and orderly development of the lands. The development of the retained lands will be separate from the severed lands, and differing development timelines could hinder the ability of the retained lands to proceed. Specifically, Engineering Services has the following comments:  the Town has not received any engineering or servicing plans for review or approval since draft plan approval in 2008;  Town staff do not support accepting an unopened road allowance without appropriate securities and construction / development timelines being in place.  Staff recommend that ‘Street 3’ be constructed with full services and a portion of the plan be registered to provide legal access, a sanitary sewer outlet and watermain looping for the retained lands.  The draft plan is proposed to be serviced by watermain constructed within ‘Canary Street’ therefore an easement is required for the retained lands on Canary Street for watermain looping.  Staff recommend that Block 164 ‘Greenway’ be constructed in full to convey stormwater from the retained lands to the only stormwater outlet for the severed and retained lands, on North Street East near Falcon Road.  A 5m x 5m daylight triangle at the intersection of ‘Street 3’ & Canary shall be dedicated to the Town of Tillsonburg, free of all costs and encumbrances  Existing draft plan approval (32T-07006) will need to be redlined to modify conditions of draft approval to account for separate ownership of portions of the draft plan of subdivision.  Condition of consent to be the owner or future owner of retained lands waives any and all claims against the Town for lack of street frontage, sanitary outlet, stormwater outlet or water supply should the severed lands fail to be developed or infrastructure constructed in a timely manner.  Approval of the application requires a severance agreement, with the applicant committing to the full construction of ‘Street 3’ to provide legal access to the retained lands within an appropriate time period, with securities to be provided to the Town to ensure the street is constructed in a timely manner. Town of Tillsonburg Building Services Department provided the following comments:  Oxford County Public Works to verify that the severed lands can be serviced as proposed. Page 60 of 169 Report No: CP 2018-296 COMMUNITY PLANNING Council Meeting: October 9, 2018 Page 6 of 7 Oxford County Public Works Department provided the following comments:  0.3 m reserve required to be dedicated to Oxford County for the retained lands on North Street to restrict access to North Street east of ‘Street 3’, in accordance with the Traffic Impact Study;  3 m road widening on the north side of North Street, on the severed and retained lands, shall be dedicated to the County of Oxford, free of all costs and encumbrances;  A 5m x 5m daylight triangle at the intersection of ‘Street 3’ & North Street shall be dedicated to the County of Oxford, free of all costs and encumbrances; Bell Canada indicated that a 3 m wide easement, accommodating their buried telecommunications equipment is required on the western portion of the lands to be severed. Public Consultation Notice of the application was circulated to neighbouring property owners on September 25, 2018. As of the writing of this report, no comments have been received from the public. Planning Analysis The application for consent proposes sever a draft approved plan of subdivision, while retaining ‘Street 3’ of draft plan 32T-07006 to provide access to the lands to be retained. It is the intent of the applicant to provide for separate ownership of the draft approved lands, if the application is approved. Section 51(24) of the Planning Act provides review criteria for consents. One of the tests considers whether the proposed subdivision of land is premature or in the public interest. Planning staff are of the opinion that the proposed consent does not satisfy this test. It is the opinion of Planning staff that the proposed consent would complicate, and possibly jeopardize, the development potential of the retained lands. Currently, the subject lands exist as one parcel with one owner. If approved, the proposed consent would complicate the development of the draft plan of subdivision, and the future development of the retained parcel. The legal access and sanitary sewer outlet for the severed and retained lands is ‘Street 3’. The watermain proposed for the draft plan and the retained lands would loop from Canary Street to North Street East through ‘Street 3’. If the proposed consent is approved, the severed parcel (and draft plan of subdivision) is dependent on ‘Street 3’ on the retained lands to be constructed, and municipal services extended to Canary Street for access and servicing. If the retained lands were to seek draft plan approval, they would require the extension of a watermain from Canary Street, and would require the construction of stormwater management infrastructure to provide a legal drainage outlet. Although the applicant has provided suggested solutions to the above complications through the execution of severance agreements, indemnifications, and private agreements between the lands to be severed and retained, Planning staff and Town staff believe they are onerous and would not be required if a phase of the draft plan, including ‘Street 3’ and abutting lands, were constructed and registered. This would provide the legal access & sanitary outlet for the retained lands and would lessen the inter-dependence of the severed and retained parcels, and would allow them to develop on their own, without being subject to the development timelines of the other party. Page 61 of 169 Report No: CP 2018-296 COMMUNITY PLANNING Council Meeting: October 9, 2018 Page 7 of 7 As indicated by comments provided by Town staff, several conditions of approval are required for the orderly development of the lands if the application is approved. These include the requirement to enter into a severance agreement with appropriate securities with the Town regarding the design, approval, construction and timing of ‘Street 3’, conditions for appropriate easements, and a 0.3 m reserve to prevent access to North Street East in areas with poor sightlines (as required in the current draft plan approval), and a requirement to redline the draft plan of subdivision to revise conditions of draft approval to account for the separate ownership of the severed and retained parcels. As the proposed consent will facilitate separate ownership of two parcels that will be interconnected and dependent on each other for access and servicing, Planning staff are of the opinion that the proposed consent is not consistent with the criteria outlined in Section 10.3.4 of the Official Plan as the granting of the consent application will prejudice the future lot creation potential of the area, and the orderly development of the severed and retained lands. Conclusions In light of the foregoing, it is the opinion of this Office that the proposed severance is not consistent with the consent and subdivision criteria of the Planning Act, and is not consistent with the Official Plan review criteria for consents as the proposed consent is premature, and will compromise the development potential of the lands to be severed and retained. Planning staff suggest that a portion of draft approved plan of subdivision be registered, and ‘Street 3’ be constructed with municipal services, to provide legal access to the retained lands, and a legal sanitary outlet for the severed and retained lands. RECOMMENDATION It is recommended that Tillsonburg Council advise the Land Division Committee that the Town does not support the proposal to sever the subject property for the following reason: 1. The proposed consent is premature, not in the public interest, and complicates the future development of the lots to be severed and retained. SIGNATURES Authored by: Original Signed By Eric Gilbert, MCIP, RPP, Senior Planner Approved for submission: Original Signed By Gordon K. Hough, RPP, Director Page 62 of 169 July 30, 2018 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. This is not a plan of survey Legend 2820 Notes NAD_1983_UTM_Zone_17N 141 Meters Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) North StreetFalcon Road Tanager Drive Plate 1 - Location Map with Existing Zoning File No.: B18-34-7- Lindprop Corporation Part Lots 4 & 5, Concession 10 (Dereham), Town of Tillsonburg Subject Property Page 63 of 169 1:6,141 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 Legend August 13, 2013 312312Meters © County of Oxford 0 Notes NAD_1983_UTM_Zone_17N 156 Parcel Lines (Displays 1:64 000 to 1:500) Property Boundary Assessment Boundary Unit Road Municipal Boundary Draft Plans Open Space Right of Ways Properties Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) Plate 2 - Approved Draft Plan with Aerial Map Overlay File No.: B18-34-7- Lindprop Corporation Part lots 4 & 5, Concession 10 (Dereham), Town of Tillsonburg North Street Falcon Road Vance Drive Owl Drive Tanager Drive Severed Lands Retained Lands Page 64 of 169 Plate 3- Draft Approved Plan of Subdivision File No.: B18-34-7 Lindprop Corporation Part Lots 4 & 5, Concession 10 (Dereham), Town of TillsonburgSevered LandsRetained LandsPage 65 of 169 Report No: CP 2018-276 COMMUNITY PLANNING Council Meeting: October 9, 2018 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community Planning Application for Consent B18-46-7; Patrick Mooney REPORT HIGHLIGHTS  The Application for Consent proposes to create one vacant residential building lot and retain a residential lot containing an existing single detached dwelling and two accessory buildings.  Planning staff recommend approval of the application as it is consistent with the Provincial Policy Statement and maintains the residential infilling policies of the Official Plan. DISCUSSION Background OWNER/APPLICANT: Patrick Mooney 32 North Street West, Tillsonburg ON N4G 1C1 AGENT: Walter Kleer 55 Brock Street East, Tillsonburg ON N4G 4H5 LOCATION: The subject lands are described as Part Lot 7, Concession 10 (Dereham), Part 3 of 41R-9318, in the Town of Tillsonburg. The lands are located on the north side of North Street West, lying between James Avenue and Broadway and are municipally known as 32 North Street West. OFFICIAL PLAN: Schedule “T-1” Town of Tillsonburg Land Use Plan Residential Schedule “T-2” Town of Tillsonburg Residential Density Plan Low Density Residential TOWN OF TILLSONBURG ZONING BY-LAW NUMBER 3295: Existing Zoning: Low Density Residential Type 1 Zone (R1) Page 66 of 169 Report No: CP 2018-276 COMMUNITY PLANNING Council Meeting: October 9, 2018 Page 2 of 7 SERVICES: Lot to be Severed – Municipal water & sanitary sewer services (proposed) Lot to be Retained – Municipal water & sanitary sewer services ROAD ACCESS: Paved, County Road (North Street West) PROPOSAL: SEVERED LOT RETAINED LOT Area 836.1 m2 (9,000 ft2) 4251.2 m2 (45,760 ft2) Frontage 15.29 m (50’) 35.1 m (115’) Depth 59.9 m (180’) 97.8 m (321’) The purpose of the Application for Consent is to create a residential building lot. The lot to be severed has an approximate area of 836.1 m2 (9000 ft2), frontage of 15.29 m (50’), and depth of 59.9 m (180’). The existing shed on the lot to be severed is proposed to be removed. The lot to be retained has an area of 4251.2 m2 (45 760 ft2) and contains a single detached dwelling and two sheds. The lot to be severed and lot to be retained front on and have direct access to North Street West. Surrounding uses are predominately single detached dwellings, with a stormwater management pond to the immediate north and a mobile home park to the southeast. Two lots to the north, located at 28 & 30 James Avenue were created through consent in 2015 (B15-37-7 & B15-38-7) from the subject property and single detached dwellings were constructed on these lots in 2017. Plate 1, Existing Zoning and Location Map, shows the location of the subject lands and the existing zoning in the immediate vicinity. Plate 2, 2015 Aerial Photograph, provides an aerial view of the property and surrounding lands in the immediate area. Plate 3, Close-up Aerial View of Subject Property, provides a close-up aerial view of the lot to be severed and lot to be retained. Plate 4, Applicant’s Sketch, provides the dimensions of each lot, as proposed by the applicant, as well as the location of the existing features on the lands. Application Review 2014 Provincial Policy Statement The Provincial Policy Statement (PPS) directs that Ontario’s long-term prosperity, environmental health and social well-being depend on wisely managing change and promoting efficient land use and development patterns. Efficient land use and development patterns support strong, liveable and healthy communities, protect the environment as well as public health and safety, and Page 67 of 169 Report No: CP 2018-276 COMMUNITY PLANNING Council Meeting: October 9, 2018 Page 3 of 7 facilitate economic growth. In support of these provincial interests and goals, settlement areas shall be the focus of growth and their vitality and regeneration shall be promoted. Section 1.4.3 of the PPS directs that planning authorities shall provide for an appropriate range of housing types and densities to meet projected requirements of current and future residents of the regional market area by:  permitting and facilitating all forms of residential intensification and redevelopment and all forms of housing required to meet the social, health and well-being requirements of current and future residents;  promoting densities for new housing which efficiently use land, resources, infrastructure and public service facilities and support the use of alternative transportation modes;  establishing development standards for residential intensification, redevelopment and new residential development which minimize the cost of housing and facilitate compact form while maintaining appropriate levels of public health and safety. Official Plan The subject lands are located within the 'Low Density Residential' designation according to the County Official Plan. Low density residential districts are those lands that are primarily developed or planned for a variety of low-rise, low density housing forms including both executive and smaller single-detached dwellings, semi-detached, duplex and converted dwellings, street-fronting townhouses and other, similar development. Within areas designated Low Density Residential, it is intended that there will be a mixing and integration of different forms of housing to achieve a low overall density of use. The policies of Section 8.2.4.1 (Infill Housing) indicate that in order to efficiently utilize the designated residential land and municipal servicing infrastructure, infill housing will be supported in Low Density Residential Areas. The County Land Division Committee and Town Council will ensure that proposals for infill development are consistent with policies contained in Section 8.2.4.1.1 and 8.2.4.1.4. Official Plan policies respecting Street Oriented Infill permit new residential housing into an established streetscape pattern only if the proposal is deemed to be consistent with the characteristics of existing development on both sides of the street. The policies also require that the proposal is consistent with street frontage, setbacks and spacing of existing development within a two block area on the same street. In addition, all infill proposals are subject to the following criteria:  the location of vehicular access points, the likely impact of traffic generated by the proposal on Town streets and potential traffic impacts on pedestrian and vehicular safety and surrounding properties is acceptable;  existing municipal services and public facilities will be adequate to accommodate the proposed infill project;  stormwater run-off from the proposal will be adequately controlled and will not negatively affect adjacent properties;  adequate off-street parking and outdoor amenity areas will be provided;  the extent to which the proposed development provides for the retention of any desirable vegetation or natural features that contribute to the visual character of the surrounding area;  the effect of the proposed development on environmental resources and the effects of environmental constraints on the proposed development will be addressed and mitigated; Page 68 of 169 Report No: CP 2018-276 COMMUNITY PLANNING Council Meeting: October 9, 2018 Page 4 of 7  consideration of the potential effect of the development on natural and heritage resources and their settings;  compliance of the proposed development with the provisions of the Zoning By-Law of the Town and other municipal by-laws. Zoning By-law The subject property is zoned ‘Low Density Residential Type Zone (R1)’ which permits a single detached dwelling and home occupation. The ‘R1’ zone also requires a minimum lot area of 480 m² (5,166.8 ft²), a lot depth of 32 m (105 ft) and a frontage of 15 m (49.2 ft). The lots to be severed and retained appear to comply with the lot area, frontage and depth provisions of the ‘R1’ zone. Agency Comments Town of Tillsonburg Engineering Services Department provided the following comments:  preliminary lot grading plan is required for the lot to be severed;  there is an existing hydro pole located near the middle of the proposed lot to be severed. All costs to relocate such pole will be the responsibility of the owner if the hydro pole is located within a proposed driveway. Town of Tillsonburg Building Services Department provided the following comments:  applicant to provide revised Building Location Survey to confirm setback between existing structures on the lot to be retained and the new lot line. Oxford County Public Works Department provided the following comments:  if the owner of the lot to be severed intends to have a separate driveway, the owner shall be responsible for the full cost of removing or restoring the retaining wall located within the North St W road allowance, to the satisfaction of the Oxford County Public Works Department.  As a condition of consent, the owner shall provide payment for the provision of water and sanitary sewer services for the lot to be severed. Public Consultation Notice of the application was circulated to neighbouring property owners on September 25, 2018. As of the writing of this report, no comments have been received from the public. Planning Analysis The development proposal seeks to create one new lot for residential development in northwest area of Tillsonburg. Planning staff are of the opinion that the proposal will result in an efficient use of municipal services on residentially designated lands. In this respect, the development proposal is consistent with the 2014 Provincial Policy Statement regarding intensification and redevelopment within a settlement area. Page 69 of 169 Report No: CP 2018-276 COMMUNITY PLANNING Council Meeting: October 9, 2018 Page 5 of 7 With regard to the relevant Official Plan policies for Low Density Residential areas, an analysis of the existing characteristics of residential development within the immediate area was completed by Planning staff. For street-oriented infill development, the policies of Section 8.2.4.1.1 permit such development where the proposal is deemed to be consistent with the characteristics of existing development on both sides of the same street, and is consistent with street frontage, setbacks and spacing of existing development within a two-block area on the same street. The subject lands are located in an area characterized by low density residential development, created through a number of plans of subdivision. Lands to the west and north are within the North Park Estates subdivision which was approved in 2004. Lots within this plan are characterized by a variety of lot sizes and shapes due to the configuration of James Avenue. Lands to the south are within Plan 518, registered in 1953 prior to the provision of municipal water and wastewater services and are characterized by more generous lot frontages and lot depths. Accordingly, the existing low density residential development on North Street West comprises a variety of lot sizes, frontages and depths. The proposal will also comply with the other review criteria for infill proposals as adequate municipal services are present to accommodate the proposal, the severed lot is of a sufficient size that adequate off-street parking and outdoor amenity areas are provided, and any drainage or stormwater impacts to surrounding properties will be reviewed and assessed through the preparation of preliminary lot grading plans and detailed lot grading plans upon building permit submission. This Office is satisfied that the lots to be severed and retained are generally consistent with the frontage, configuration and area characteristics of development in the immediate residential area. The surrounding development consists of varying lot sizes and dimensions. The lot to be severed would not be out of character with the prevalent lot size and shape of lots fronting on James Street, and the lot to be retained will be of a similar configuration as other remnant lots that are not within a plan of subdivision on North Street West and Broadway. In this regard, Planning staff are of the opinion that the application conforms to the Official Plan policies that pertain to infill housing in the Town of Tillsonburg. The lot to be severed as well as the lot to be retained will meet the lot area, frontage and depth requirements of the ‘R1’ zone. Conclusions In light of the foregoing, it is the opinion of this Office that the proposed severance appears to be consistent with the policies of the Official Plan and the 2014 Provincial Policy Statement, is acceptable from a planning perspective and can be given favourable consideration, subject to a number of conditions. RECOMMENDATIONS It is recommended that Tillsonburg Council advise the Land Division Committee that it is in favour of the proposal to sever the subject property, subject to the following conditions: 1. The owner enter into a Severance Agreement with the Town of Tillsonburg, to the satisfaction of the Town. Page 70 of 169 Report No: CP 2018-276 COMMUNITY PLANNING Council Meeting: October 9, 2018 Page 6 of 7 2. The owner shall provide payment to the County of Oxford for the provision of water and wastewater services to the lot to be severed, to the satisfaction of the Oxford County Public Works Department. 3. The owner shall provide a preliminary lot grading plan for the lot to be severed, to the satisfaction of the Town of Tillsonburg Engineering Services Department. 4. The owner shall provide a building location survey, prepared by an Ontario Land Surveyor, to confirm the setback between the existing buildings on the lot to be retained and the new interior lot line, to the satisfaction of the Town Chief Building Official. 5. The Clerk of the Town of Tillsonburg advise the Secretary-Treasurer of the Land Division Committee that all requirements of the Town, financial, services and otherwise, have been complied with. SIGNATURES Authored by: Eric Gilbert, MCIP, RPP, Senior Planner Approved for submission: Gordon K. Hough, RPP, Director Page 71 of 169 Report No: CP 2018-276 COMMUNITY PLANNING Council Meeting: October 9, 2018 Page 7 of 7 Report Approval Details Document Title: b18-46-7_tillsonburg_rpt.docx Attachments: - Report Attachments.pdf Final Approval Date: Sep 28, 2018 This report and all of its attachments were approved and signed as outlined below: David Calder - Sep 28, 2018 - 3:50 PM Page 72 of 169 August 8, 2018 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. This is not a plan of survey Legend 1220 Notes NAD_1983_UTM_Zone_17N 61 Meters Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) Plate 1: Existing Zoning & Location Map File No. B18-46-7 - Patrick Mooney Part Lot 7, Concession 10 (Dereham) - 32 North Street West, Town of Tillsonburg Lot to be Retained Lot to be Severed by B18-46-7 James Ave North Street West Broadway Park Drive Fairview Street Quarter Town Line Park Place Page 73 of 169 August 8, 2018 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. This is not a plan of survey Legend 920 Notes NAD_1983_UTM_Zone_17N 46 Meters Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) Plate 2: 2015 Aerial Photograph File No. B18-46-7 - Patrick Mooney Part Lot 7, Concession 10 (Dereham) - 32 North Street West, Town of Tillsonburg North Street West James Ave Park Drive Park Place Broadway Lot to be Retained Lot to be Severed by B18-46-7 Page 74 of 169 August 8, 2018 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. This is not a plan of survey Legend 380 Notes NAD_1983_UTM_Zone_17N 19 Meters Plate 3: Close-Up Aerial View of Subject Property File No. B18-46-7 - Patrick Mooney Part Lot 7, Concession 10 (Dereham) - 32 North Street West, Town of Tillsonburg Lot to be Severed by B18-46-7 North Street West Lot to be Retained Page 75 of 169 RetainedPlate 4: Applicant's Sketch File No. B18-46-7 - Patrick Mooney Part Lot 7, Concession 10 (Dereham) - 32 North Street West, Town of Tillsonburg Page 76 of 169 Page 1 of 5 Report No: CP 2018-268 COMMUNITY PLANNING Council Date: October 9, 2018 To: Mayor and Members of Town of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community Planning Application for Site Plan Amendment JMR Properties Inc.- 253 Broadway (TSPC 7-168-2) REPORT HIGHLIGHTS  This proposed amendment to the existing approved Site Plan proposes changes to the traffic flow on Fox Alley to restrict traffic to one way (northbound), and other minor servicing revisions.  A traffic impact study was submitted in support of the proposed amendments.  No change to the building design and elevations are proposed.  The Planning Office is satisfied that the proposed development is appropriate and recommends Council direct staff to approve the proposed changes to the approved site plan. DISCUSSION Background OWNER: JMR Properties Inc. 200 Hespeler Road Cambridge ON N1R 3H3 AGENT: CJDL Consulting Engineers 261 Broadway Tillsonburg ON N4G 4J1 LOCATION: The subject property is described as Lot 944 & Part Lot 945, Plan 500, and Parts 4, 5, & 8 of Reference Plan 41R-6262 in the Town of Tillsonburg. The lands are located on the southwest corner of the Broadway and Venison Street intersection, and are municipally known as 253 Broadway Street. COUNTY OF OXFORD OFFICIAL PLAN: Schedule ‘T-1’ Town of Tillsonburg Land Use Plan Entrepreneurial District, with special policy area permitting increased residential density Page 77 of 169 Report No: CP 2018-268 COMMUNITY PLANNING Council Date: October 9, 2018 Page 2 of 5 TOWN OF TILLSONBURG ZONING BY-LAW 3295: Existing Zoning: Special Entrepreneurial District Zone (EC-8) SITE PLAN: The Town has received an application to amend the approved site plan for the subject property to permit the construction of a 3 storey mixed use building within the Central Area. The subject property is approximately 1757.7 m2 (18 920 ft2) and contains a mixed use building that is under construction. The approved site plan includes a three storey mixed use building with 40 covered parking spaces and the dental office on the ground floor. The 28 residential apartments are to be housed on the second and third storeys. The applicant has proposed the following changes to the approved site plan:  reconfiguration of Fox Alley to one way traffic (northbound);  East curb at Fox Alley connection to Venison St adjusted to narrow entrance from 6.0 m to 3.88 m and thereby avoid relocation of electrical and Bell Canada poles and pedestal;  Storm PDC from CB4 to building increased from 150 mm diameter to 200 mm to suit piping in building;  Orientation of storm and sanitary connection at northwest corner of foundation reversed to eliminate pipes crossing;  150 mm fire and 50 mm domestic water services entering northeast corner of building revised to reduce internal piping. Surrounding land uses to the north include office and residential uses fronting on Venison St W. and Broadway Street. Lower density residential uses are to the west, and Kelsey’s Restaurant is located adjacent to the south. A funeral home, Canadian Tire store, and the Tillsonburg Town Centre are located to the east and southeast. A municipal parking lot is located to the southwest, adjacent to Fox Alley. Plate 1 – Existing Zoning & Location Map shows the location of the subject lands and the existing zoning in the immediate vicinity. Plate 2 – Revised Site Plan, prepared by CJDL Consulting Engineers, depicts the revised site plan for the site. Application Review Town of Tillsonburg Zoning By-Law 3295 The subject lands are located within the ‘Special Entrepreneurial District Zone (EC-8)’ in the Town of Tillsonburg Zoning By-law. A medical centre and apartment dwelling are permitted uses within the EC-8 Zone. As previously noted, relief of the required interior side yard width, minimum required rear yard depth, maximum permitted lot coverage, minimum required landscaped open space and amenity area, required parking spots, location of parking areas, loading zone spaces and planting strip were granted by Town Council in February 2016 as per approval of By-Law 3998. Page 78 of 169 Report No: CP 2018-268 COMMUNITY PLANNING Council Date: October 9, 2018 Page 3 of 5 The proposed site plan is compliant with the EC-8 zoning that applies to the property. Agency Comments The application was circulated to agencies on September 6, 2018. Comments received respecting the application, from the The Town Building and By-Law Services Department, and Town of Tillsonburg Engineering Services Department indicated there were no concerns with the proposed changes. Planning Analysis The applicant’s request to amend the site plan to designate Fox Alley as one way and other minor servicing revisions was circulated for agency comment, and no concerns were expressed with the proposed changes. The request to designate Fox Alley for one-way traffic was supported by a Traffic Impact Study (TIS) that examined the internal traffic movements on the site and the entrances onto public right of ways. The TIS recommended that Fox Alley from the south limit of the site north to Venison Street be made one-way northbound, and the study concurred with the Town’s requirement to limit the access off Broadway to right turns only. The study concluded that the traffic volumes generated by the development will have no significant impact on traffic operation on Broadway or any adjacent streets. The curbing re-design on Venison Street will avoid the need to relocate significant telecommunications infrastructure, and the minor servicing revisions have been reviewed by commenting agencies and are considered appropriate. Given the foregoing, the Planning Office is satisfied that the proposed development is appropriate and recommends that Town Council direct staff to approve the revised site plan. RECOMMENDATION 1. That the Council of the Town of Tillsonburg direct staff to approve the submitted revised site plan for Application TSPC 7-168-2, to facilitate a 3 storey mixed use development, submitted by JMR Properties Inc., on lands legally described as Part Lot 945 & Lot 944, Plan 500, Tillsonburg, known municipally as 253 Broadway Street. SIGNATURES Authored by: “original signed by” Eric Gilbert, MCIP, RPP, Senior Planner Approved for submission: “original signed by” Gordon K. Hough, RPP, Director Page 79 of 169 Report No: CP 2018-268 COMMUNITY PLANNING Council Date: October 9, 2018 Page 4 of 5 Page 80 of 169 Report No: CP 2018-268 COMMUNITY PLANNING Council Date: October 9, 2018 Page 5 of 5 Report Approval Details Document Title: TSPC 7-168-2_rpt.docx Attachments: - Plate 1.pdf - Plate 2.pdf Final Approval Date: Sep 24, 2018 This report and all of its attachments were approved and signed as outlined below: David Calder - Sep 24, 2018 - 2:28 PM Page 81 of 169 November 9, 2016 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. This is not a plan of survey Legend 310 Notes NAD_1983_UTM_Zone_17N 15 Meters Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) Broadway Street Subject Property Venison Street West Plate 1: Existing Zoning and Location Map File No. TSPC 7-168-2 - JMR Properties Part of Lot 945& Lot 944, Plan 500,Town of Tillsonburg - 253 Broadway Bridge Street West Fox Alley Page 82 of 169 AAW:\DRAFTING\WORK\2014\1439\Drawings\1439_Mast-REV.dwg, 24/08/2018 4:04:04 PM, CJDLPC16,1:1 1T O W N O F T I L L S O N B U R GCyril J. Demeyere LimitedP.O. Box 460, 261 BroadwayTillsonburg, Ontario. N4G 4H8Tel: 519-688-1000866-302-9886Fax: 519-842-3235cjdl@cjdleng.comVENISON STREETBROADWAY - HWY. No. 19 FOX ALLEY Plate 2: Revised Site Plan File No. TSPC 7-168-2 - JMR Properties Part of Lot 945& Lot 944, Plan 500,Town of Tillsonburg - 253 Broadway Page 83 of 169 2TOWNOFTILLSONBURGCyrilJ.DemeyereLimitedP.O.Box460,261BroadwayTillsonburg,Ontario.N4G4H8Tel:519-688-1000866-302-9886Fax:519-842-3235cjdl@cjdleng.comW:\DRAFTING\WORK\2014\1439\Drawings\1439_Mast.dwg, 07/05/2018 1:21:57 PM, CJDLPC22,1:1 Page 84 of 169 Report Title Transit Governance – Recommendations from the Community Transportation Pilot Program Committee Report No. CAO18-13 Author David Calder, on behalf of the Community Transportation Pilot Program Committee Meeting Type Council Meeting Council Date October 9, 2018 Attachments Tillsonburg Transit Advisory Committee Terms of Reference T:GO Discussion Points Page 1 / 3 RECOMMENDATION That the Council of the Town of Tillsonburg receives report CAO 18-13, Tillsonburg Transit Advisory Committee Terms of Reference for information; And That the Community Transportation Pilot Program Steering Committee recommends to Council that a Tillsonburg Transit Advisory Committee be established; And That the Terms of Reference for the Tillsonburg Transit Advisory Committee as reviewed by the Community Transportation Pilot Program Steering Committee be recommended to Council; And that since the mandate of the Community Transportation Pilot Program Steering Committee has been completed, the Committee recommends that Council disband the Community Transportation Pilot Program Steering Committee. EXECUTIVE SUMMARY The Community Transportation Pilot Program Committee met on September 17, 2018 to obtain an update from the operators of T:GO and to review report CAO 18-06, Transit Governance Models and report CAO 18-12, Tillsonburg Transit Advisory Committee Terms of Reference. The recommendation noted above was adopted by the Community Transportation Pilot Program Committee and is being recommended to Council. BACKGROUND As of August 13, BTS Networks Inc. has taken over the day-to-day operations of T:GO. At the Community Transportation Pilot Program Committee meeting on September 17, 2018, representatives of BTS Networks Inc., provided an update regarding the T:GO operations over the course of the first month of operation. Attached to this report are some of the issues identified by the new operator that have been encounter during the course of the transition to BTS Networks Inc. Some of the issues that have been prioritized by staff and BTS Networks Inc. are the identification and signing of bus stops based on a fixed transit route(s) throughout the Page 85 of 169 Page 2 / 3 CAO Town, security of tickets including multi passes and monthly passes, communication and marketing of the service to Town residents, and additional bus identification with the T:GO logo. The new operator noted that ridership was steady but is also confident that ridership can be increased which will provide a better service to the rider and increase revenues for the Town. The operator wants to move to a more defined or conventional bus system with fix routes but maintain some ability to deviate from the route to ensure those with accessibility issues are also served. They have identified the student market and the industrial area as sectors that could be serviced to a higher degree than is the current case. The operator is assisting the Town with the creation of secure bus tickets and will assist in marketing the transit system to ensure the community is aware of the availability of the service. There may also be advertising revenue opportunities as well as other partnerships through bus stops at various retail areas of the Town. GOVERNANCE The operations department of the Town has been tasked by the CAO to oversee and manage the contract with the operator. The CAO will also be taking an active role in ensuring the operational success of the transit service especially during the transition and start-up of the new operator. The operator will be meeting regularly with Town staff and will be providing written updates including ridership statistics. The committee discussed the ongoing governance structure around T:GO operations and reviewed a governance report that previously went to Council. An additional report was provided to the committee which included a draft terms of reference for Tillsonburg Transit Advisory Committee. The committee was supportive of an advisory committee form of governance that would make policy recommendations, advise on matters related to the services of community transportation and develop working relationships with community groups involved with community transportation and interconnectivity. The Terms of Reference being recommended by the committee are attached for Council’s review and adoption. The committee also decided that since its original mandate had been completed, the committee is recommending it be disbanded. Staff would also suggest that the committee be thanked for their work over the last number of years as they implemented and provided oversite during the Community Transportation Pilot Program funded by the Province of Ontario. FINANCIAL IMPACT/FUNDING SOURCE There will be some minor costs for recruiting the community members to serve on the Tillsonburg Transit Advisory Committee. There may also be some costs for signing bus stop locations which can be funded within current budgets. Some staff time be also be required to do some social media marketing and other promotion of T:GO in the community. Page 86 of 169 Page 3 / 3 CAO COMMUNITY STRATEGIC PLAN IMPACT In accordance with the Community Strategic Plan (CSP), under the focus of Culture and Community, the Plan identifies exploring viability of alternative transportation options and the implementation and marketing of a transportation program. Page 87 of 169 Page 88 of 169 Mandate: The objective of the Tillsonburg Transit Advisory Committee (TTAC) is to oversee and advise Town Council on the governance oversite of the Town's service providers contract for transit and specifically the policies and procedures related to service delivery of transit. The TTAC will provide a forum for input, exchange of ideas and debate on conventional and mobility transit related issues with representation from all affected groups in the community. The committee should use the Mandate to set out a clear plan for the term of the Committee. Create a high level work plan to define the scope and establish the framework and overall approach for transit. Set out goals the committee will work towards accomplishing. 1.0 Role of the Community Transportation Advisory Committee 1.1 Advise Council on matters related to services of community transportation. 1.2 Advise and inform Council of the progress throughout contracts with BTS Networks Operating T:GO. 1.3 Advise and develop working relationships with community groups involved with community transportation and interconnectivity. 1.4 Advise and assist with the development of a public engagement program and promote the activities of the Committee and operational policies and procedures related to community transportation. 2.0 Organization of the Committee The Committee should be comprised of representatives of the community organizations and individuals associated with community transit. The Committee should also be comprised of a council representative and a nonvoting Town of Tillsonburg Transit Advisory Committee TERMS OF REFERENCE Page 89 of 169 Tillsonburg staff representative. Town Council will appoint members to the Tillsonburg Transit Advisory Committee. The composition shall be as follows: • Representative of Community Living Tillsonburg. • Representative of the Tillsonburg and District Multi Service Centre. • Representative of Social Planning Council Oxford. • Representative of Town of Tillsonburg Council. • Up to 4 community members including users of the transit system, 1 member from the Economic Development Advisory Committee and 1 member from the Accessibility Advisory Committee. 2.1 The term of a Committee Member is a 2 year term. 2.2 Additional members may be appointed throughout the term. 2.3 There will be a minimum of 7 members and a maximum of 9 members. 2.4 One member will be appointed by vote of the committee at the first meeting to chair the meetings for that term. The committee will also, at this time, select a vice-chair and secretary for the same duration. 2.5 Municipal staff including the CAO shall interact in an advisory manner to the committee as needed. 3.0 Meetings 3.1 The TTAC will hold meetings throughout the 2 year period. 3.2 The date and time of the regular meetings will be established by the TTAC. 3.3 Meetings will have a formal agenda and adhere to the Town of Tillsonburg Procedural By-law. 3.4 Agendas and information packages, that will include the minutes from the previous meeting, will be sent (via mail, e-mail,) to TTAC Members prior to each meeting. 3.5 A majority of the Committee Members will constitute quorum for the transaction of business. 4.0 Role of the Chair The Chair is responsible for insuring the smooth and effective operation of the Committee and its roles. This will include responsibility for: 4.1 Calling the meetings to order. 4.2 The Chair is encouraged to create an informal atmosphere to encourage the exchange of ideas such as, using a roundtable format. 4.3 Creating an agenda in consultation with secretary. Page 90 of 169 4.4 Chairing the meetings. 4.5 Acting as spokesperson. 4.6 Representing the TTAC on other committees when necessary. 4.7 The Chair shall conduct meetings in accordance with the Town's Procedural By-law. 4.8 In the absence of the Chair, these responsibilities will be undertaken by a Vice-Chair. 5.0 Role of the Secretary The Secretary is responsible for ensuring a complete up to date record for the TTAC. 5.1 In liaison with the Chair, arrange date, time and venue for meetings. 5.2 In liaison with the Chair, set agendas and circulate to the members two business days prior to the meeting. 5.3 Circulate draft minutes to the members. 5.4 Keep a complete up to date record of the committee minutes. 6.0 Role of Members Membership on the Committee is a position of responsibility and requires a strong commitment to the Terms of Reference. Committee members are required to: 6.1 Attend all regular scheduled meetings. Members are required to notify the Chair, Secretary or the designated municipal staff liaison if they are unable to attend a meeting. 6.2 Review all information supplied to them. 6.3 Prepare information for use in the development of materials for the Committee. 6.4 Promote the role of the Committee. 6.5 Offer input to committee reports to Council. 6.6 Attend training as required to effectively perform their role as a committee member. 6.7 Committee Members are subject to The Municipal Conflict of Interest Act R.S.O, 1990, c.M50 and must disclose any direct or indirect pecuniary interest. The disclosure must be recorded in the minutes of the meeting. 7.0 Role of Municipal Staff The Town of Tillsonburg, by its nature and purpose, affects and is affected by many different Municipal departments. Assistance will be provided on an as required basis from various departments. Municipal staff will be responsible for carrying out the following functions with respect to the Committee: Page 91 of 169 7.1 Acting as an information resource. 7.2 Orientation of Committee members at the first meeting after Council appointment. 7.3 Assist the Committee in its’ reporting to Council. 7.4 Provide correspondence to the Committee. 8.0 Reports to Council The Committee may advise and make recommendations to Council in accordance with its role. Reports may be submitted as follows: 8.1 Verbally by a Council representative. 8.2 Written Report from the staff liaison and presented by the Chair or the designated representative. An annual report will also be submitted to Council at the beginning of each new year outlining the Committee's accomplishments in the previous twelve months. Page 92 of 169 Report Title Development Cost-Sharing Agreement Report No. OPS 18-27 Author Kevin De Leebeeck, P.Eng., Director of Operations Meeting Type Council Meeting Council Date October 9, 2018 Attachments Development Cost-Sharing Agreement Page 1 / 5 RECOMMENDATION THAT Council receive Report OPS 18-27 Development Cost-Sharing Agreement; AND THAT a By-law authorizing Mayor and Clerk to execute the Development Cost- Sharing Agreement with Performance Communities Realty Incorporated be brought forward for Council consideration. EXECUTIVE SUMMARY Further to the 2019 pre-budget approval provided through Report OPS 18-18 on July 9th 2018 the purpose of this report is to solidify the commitment and partnership with the adjacent Developer for the reconstruction and urbanization of Lowrie Crescent, Reid Street and Jane Street (see Figure 1) by executing the attached Development Cost-Sharing Agreement. BACKGROUND Coordination of road reconstruction activity with the adjacent development provides efficiencies and economies of scale allowing the Town to provide road reconstruction and urbanization at approximately half the typical road reconstruction cost. Authorizing the attached Development Cost-Sharing Agreement would allow the Developer to proceed to tender and execute construction contracts and proceed with construction in early 2019 on the Towns behalf. The Development Cost-Sharing Agreement provides the scope of works and services, payment terms, acceptance of work milestones and apportions the estimated construction costs. CONSULTATION/COMMUNICATION The Town’s Solicitor and the Developer have reviewed the Development Cost-Sharing Agreement and have no objections. A joint Public Information Centre by the Town and Oxford County will also be hosted on November 8th 2018 to inform affected existing homeowners of cost implications as a result of sanitary service installations. Page 93 of 169 Page 2 / 5 FINANCIAL IMPACT/FUNDING SOURCE The total project cost of reconstructing and urbanizing Lowrie Crescent, Reid Street and Jane Street is estimated at $1,065,000 made up of approximately $430,000 Developer costs and $635,000 Town costs. The Town’s estimated contribution of $635,000 would be funded in part by the water and wastewater rate system estimated at $200,000 while the remaining $435,000 would be funded by other Town sources (i.e. taxation, gas tax, debt) to be determined as part of the 2019 budget development. It should also be noted that a prorated share of the costs associated with the sanitary sewer works will be assessed by the County to existing homeowners where new sanitary services laterals are installed. COMMUNITY STRATEGIC PLAN The coordination of reconstruction activities along Lowrie Crescent, Reid Street and Jane Street with the adjacent development supports Objective 2 – Economic Sustainability of the Community Strategic Plan. Page 94 of 169 Page 3 / 5 Page 95 of 169 Page 4 / 5 Page 96 of 169 Page 5 / 5 Report Approval Details Document Title: OPS 18-27 Development Cost-Sharing Agreement.docx Attachments: - OPS 18-27 Attachment 1 - Development Cost-Sharing Agreement.pdf Final Approval Date: Oct 4, 2018 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - Oct 3, 2018 - 4:15 PM David Calder - Oct 3, 2018 - 6:51 PM Donna Wilson - Oct 4, 2018 - 10:33 AM Page 97 of 169 Page 98 of 169 Page 99 of 169 Page 100 of 169 Page 101 of 169 Page 102 of 169 Page 103 of 169 Page 104 of 169 Page 105 of 169 Page 106 of 169 Page 107 of 169 Page 108 of 169 Page 109 of 169 Page 110 of 169 Report Title Results for RFP2018-002 Aerial Platform Fire Apparatus Report No. OPS 18-28 Author Kevin De Leebeeck, P.Eng. Director of Operations Jeff Smith, Fire Chief / CEMC Meeting Type Council Meeting Council Date October 9, 2018 Attachments  None Page 1 / 6 RECOMMENDATION: THAT Council receive Report OPS 18-28, Results for RFP 2018-002 Aerial Platform Fire Apparatus; AND THAT Council award RFP 2018-002 at the negotiated price of $1,424,538.24 (net HST included) to Darch Fire Inc. of Ayr, Ontario; AND THAT Council approves the full utilization of additional DC Reserves towards this project; AND FURTHER THAT Council authorize the use of Asset Management Reserves to fund the remaining project costs. SUMMARY As per the approved 2018 Operations Business Plan and in accordance with the Purchasing Policy, a Request for Proposal was developed in coordination with the Fire Chief and issued for the supply and delivery of a new Aerial Platform Fire Apparatus to replace Fire Unit #73, a 1998 Aerial Truck. The RFP was released on August 13th 2018 and closed on September 20th 2018 with a total of nine (9) plan takers and five (5) proposals received from different suppliers with varying types of chassis and body combinations. The RFP was advertised on the Tillsonburg website, the Tillsonburg News, Ebid Solutions and on Biddingo. Town staff reviewed and scored the five (5) proposals based on the scoring tool that was included in the RFP. The scoring tool is as follows: Compliance with Scope of Work & Specifications 25 pts Provision of Mandatory Scope of Work & Specifications 10 pts Apparatus design, utility, suitability & ergonomic factors 10 pts Fabricator Experience & References 5 pts Warranties 5 pts Servicing & Parts Replacement 10 pts Quality Assurance Programs 3 pts Payment Terms 2 pts Delivery 5 pts Price (firm for 90 days) 25 pts Total Score 100 pts Page 111 of 169 Page 2 / 6 The proposed fee of all qualified proposals received ranged from $1,563,590 to $1,801,230 (net HST included). The scoring results from the Evaluation Committee are summarized in the table below: Proponent Proposed Apparatus Total Score 1. Darch Fire Inc. Demo Unit 94 * 2. Darch Fire Inc. New Build 93 3. Commercial Truck Equipment Demo Unit 86 4. Resqtech Systems Inc. New Build 79 5. Resqtech Systems Inc. Demo Unit DSQ * offers $30,000 discount if ordered before October 31st 2018. The Evaluation Committee, in accordance with section 9.10 of the RFP document, which states the “The Town reserves the right to negotiate with a bidder of the Town’s choice, if all bids are over budget or too high”, negotiated with Darch Fire Inc., the highest scoring proposal, on several items to reduce the purchase price to $1,399,900 (plus net HST of $24,638.24). A summary of the negotiated items and the service impacts is provided in Table 1 however it should be noted that the ability to provide fire suppression is not significantly impacted. The recommended apparatus is a compromise between sourcing a vehicle that provides an acceptable level of service to meet the needs of the Fire Department and provides effective fire protection to the community while respecting budget adherence. The vehicle being recommended provides value for money without compromising public safety, reliability, firefighter safety, or operational efficiencies. The unit has already been manufactured and is currently in the vendor’s inventory resulting in an estimated delivery time of approximately 3 to 4 months. It is therefore staff’s recommendation, should Council award the RFP, that Darch Fire Inc. be retained for this project at the negotiated price. CONSULTATION/COMMUNICATION The Fire Chief, Fleet Maintenance Supervisor and Director of Operations were consulted during proposal evaluations. FINANCIAL IMPACT/FUNDING SOURCE The 2018 approved budget for this replacement unit is $1,375,000 consisting of $235,000 from Fleet Reserves, $220,000 from DC Reserves and $920,000 from debenture. The recommended RFP result of $1,399,900 (plus net HST of $24,638.24) exceeds the approved budget by $49,538.24. The 2014 Development Charge study indicates that a portion of the project costs are DC eligible, however staff are suggesting that an increased allocation from DC Reserves be explored to ensure full utilization of DC’s for this project. Following which staff are requesting that the residual budget shortfall be funded by the Asset Management Reserve. COMMUNITY STRATEGIC PLAN This project supports Objective 2 – Economic Sustainability of the Community Strategic Plan through the renewal of infrastructure. Page 112 of 169 Page 3 / 6 Table 1: Negotiated Comparison Summary Section Specification Requirement Negotiated Supply Service Impact CHASSIS, VEHICLE COMPONENTS and BODY Rear Bumper Structural steel rear bumper Rub rail only Decreased protection in case of rear impact to apparatus. Bumper overhang intended to protect hose fittings. Communications System Intercom and radio interface system for crew seating positions NIL System to provide improved in-cab communications for crew members as well as interface to apparatus radio. System provides hearing protection to crew members from external noise (siren, air horn, etc.). Power Compartment Ventilator Powered fan to push ambient air through ducting to all equipment storage compartments Non-powered compartment vents Limited ability to move moisture from compartments when apparatus is not moving. Increased corrosion on metal equipment and mold/mildew on ropes and harness, potentially decreasing equipment lifespan. Tool & Equipment Storage Shelf, compartment and equipment mounting specified to accommodate existing and future capital purchases As built compartments and equipment mounting Equipment will have to be fitted by Fleet Department after receiving apparatus. Future equipment purchases will be based on existing compartment sizes and not necessarily operational needs. PUMPER FIRE APPARATUS REQUIREMENTS Fire Pump Waterous CSU Hale Qmax Apparatus fleet has standardized on Waterous pump to limit spare part inventory maintained by Fleet Department. Fire Pump Cathodic Protection 3 corrosion anodes NIL To ensure longevity of pump, sacrificial anodes will have to be installed by Fleet Department upon delivery. Fire Pump Lubrication System Automatic lubrication of pump components NIL Increased maintenance and potential wear and tear on pump mechanism. Fire Pump Thermal Relief Thermal relief valve with indicator light and audible alarm NIL Pump overheat or cavitation situation will not result in automatic introduction of cooler water to pump when water inside pump exceeds tolerances. Overheat situation can result in premature failure of valve seals and pump packings. Fire Pump Compartment Heater Thermostatically controlled heater Manual pump heater Thermostat operation provides better thermal protection to pump and piping by ensuring heater is operating when required and not dependent upon operator activation. Page 113 of 169 Page 4 / 6 Section Specification Requirement Negotiated Supply Service Impact Valve Actuators Combination hand crank and electric Push/pull rods and electric Increased maintenance. Decreased availability of “stock” spare and replacement parts. Front Intake 150mm front intake on swivel connection NIL Narrow alleys and streets require apparatus to be backed in to position. Front intake allows water from hydrant to be fed to front of apparatus. Less operational flexibility. Cross Lays 3 required - 3 capable of storing 65mm hose – length 75m 3 provided – 2 @ 45mm & 1 @ 65mm – length 60m Each holds 1 length of hose less than specified. Decreased immediate capability. Additional large hose lines will have to be deployed from the sides of apparatus using hose that is stored on top of apparatus. Less efficient operation on the fire ground. Large Diameter Hose Discharges 3 total (one each sides & rear of apparatus), 125mm 1 LDH discharge, 100mm Decreased ability to pump to Fire Department Connections on large buildings and in relay to other apparatus. Platform Outlets Master stream and 3 @ 65mm Master stream and 1 @65mm Less hose line capability when working on flat roofs (factories, etc.) and when using platform to supply water at tall buildings. Less efficient operation on the fire ground and less operational capacity. Platform Monitor 7,550 LPM (1,500 USGPM) 1,250GPM Less water flowing from platform nozzle. Less efficient on fire ground. ELECTRICAL SYSTEMS AND WARNING DEVICES Generator 20 kW 10 kW Lower capacity to run scene lighting, smoke ejector fans, etc. Cord Reel 2 cord reels at 150’ 1 cord reel at 200’ Page 114 of 169 Page 5 / 6 Section Specification Requirement Negotiated Supply Service Impact Warning devices Various requirements, fire fleet standard Intent of specification met. Warning lighting meets minimum standard. No redundant warning devices provided (single siren speaker vs dual, etc.). Utilizing a Fleet Standard for equipment and accessories on fire apparatus was intended to reduce the number of spare items warehoused by Fleet Services. Working lighting Various requirements for working lighting around apparatus body and search light Minimum standard for ground lighting provided. Minimal working lighting on apparatus body provided. No search light included. Work lighting required for safe operations on and around apparatus at night. Search light used primarily for searching address numbers at night. Aerial Ladder Load Monitoring Electronic, real time load monitoring system Loading visually monitored by operator referring to table(s) No visual display of load capacity reserve. Excessive loading will lead to excessive wear and tear of components and increased maintenance cycles. DRIVING AND CREW AREAS Cab design Barrier style doors Full height doors Increased weight and wear on door hinges. Increased maintenance over the life of apparatus. Cab interior Impact resistant finish Automotive paint finish Decreased resistance to wear and tear. AERIAL LADDER AND PLATFORM Breathing Air Cylinders 2 cylinders with combined total of 900 cubic feet 1 cylinder @ 444 cubic feet Decreased air capacity for firefighters in platform. Increased reliance on back-pack SCBA, decreasing times between crew rotations. Breathing Air Connections 4 in platform 2 in platform Reduces the number of firefighters that can connect to supplied air to two. Limits crew size working from platform. Anchor Points Located at turntable base as well as on each side of apparatus body Turntable located only Decreases flexibility of unit when used as high angle re-direct for technical rescue operations. Increases reliance on other, non-engineered anchor points. Page 115 of 169 Page 6 / 6 Report Approval Details Document Title: OPS 18-28 Results for RFP 2018-002 Aerial Platform Fire Apparatus.docx Attachments: Final Approval Date: Oct 4, 2018 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - Oct 4, 2018 - 8:27 AM David Calder - Oct 4, 2018 - 8:32 AM Donna Wilson - Oct 4, 2018 - 10:32 AM Page 116 of 169 Report Title Sea Scout Storage Update Report No. RCP 18-30 Author Rick Cox Meeting Type Council Council Date October 9, 2018 Attachments  RCP 18-25 - Proposed Equipment Storage Adjacent to Summer Place  RCP 18-27 - Sea Scout Storage Options Page 1 / 3 Sea Scout Storage Update RECOMMENDATION THAT RCP 18-30 – Sea Scout Storage Update be received for information. EXECUTIVE SUMMARY At their meeting of August 13, 2018 Council passed the following resolution: Moved By: Councillor Adam Seconded By: Councillor Esseltine THAT the motion for the proposed equipment storage proposal be deferred until the first regular council meeting of October; AND THAT a staff report outlining at least three options for Sea Scouts boat storage be prepared for the second regular council meeting of September including associated costs, responsibilities/expectations of the Town, and so on for council consideration. Carried At the second regular council meeting of September, Council requested that some additional information be obtained from the Tillsonburg Scouting Association (TSA). BACKGROUND Council has before them the following deferred resolution: THAT Council receives Report RCP 18-25 – Proposed Equipment Storage Adjacent to Summer Place; AND THAT Council approves Option A as outlined in the report. Council can approve, amend, defeat, or withdraw the deferred motion, or choose to defer it again. At the September 24, 2-18 Council Meeting, Council requested some additional information from the TSA. The question and response are below: Q: Clarification about the relationship between and the respective mandates of the Tillsonburg Scouting Association and the Tillsonburg Sea Scout group: Page 117 of 169 Page 2 / 3 CAO A: The Tillsonburg Scout Association is a private non-profit company that owns and insures the watercraft and trailers used by the Sea Scouts. The 3rd Tillsonburg Sea Scouts is a scout crew, a part of Scouts Canada, the same as 2nd Tillsonburg Scouts. Q: Clarification about which of the potential storage locations and projects (Gibson House vs Summer Place) is the preferred choice of the TSA: A: The preferred choice of the TSA for boat storage is the Summer Place facility. Q: Clarification about the funding requested from the Town (if any) to support the Gibson House storage project: A: Early estimates of the costs for the Gibson House deck and storage area come in at $20,000. We would request that the Town assume any costs above that amount. Q: Confirmation of any current funding commitments in place for the Gibson House project: A: We [the TSA] currently have $4 000 committed to the deck. Once the project was given the green light by the Town, TSA would approach service clubs, companies, etc for further funding. Raising funds without Council approval would be difficult. Q: Clarification about any other expectations of the Town the TSA might have with respect to this issue. A: Some of our expectations include exclusive use of the storage facility under the deck, the Town would assume all costs for repair and upkeep after the facility was built and most importantly, since the traditional home of the Sea Scouts is in the process of being taken away by the Town, the Town should do everything possible to find an accessible home for the Sea Scouts canoes and sailboats. FINANCIAL IMPACT/FUNDING SOURCE The decision Council makes with respect to the Sea Scout storage may have a financial impact on the municipality. There are no dollars allocated to this project in the 2018 budget. COMMUNITY STRATEGIC PLAN (CSP) IMPACT This report provides information in alignment with the following Objectives of the Community Strategic Plan:  Objective 1 – Excellence in Local Government  Objective 2 – Sustainable Economy  Objective 4 – Culture & Community Page 118 of 169 Page 3 / 3 CAO Report Approval Details Document Title: RCP 18-30 - Sea Scout Storage Update.v2.docx Attachments: - RCP 18-25 - Proposed Equipment Storage Adjacent to Summer Place.docx - RCP 18-27 - Sea Scout Storage Options.pdf - RCP 18-27 - ATT 01 - Sketch of Gibson House with proposed storage.pdf Final Approval Date: Oct 3, 2018 This report and all of its attachments were approved and signed as outlined below: David Calder - Oct 3, 2018 - 1:49 PM Page 119 of 169 Report Title Proposed Equipment Storage Adjacent to Summer Place Report No. RCP 18-25 Author Rick Cox, Director of Recreation, Culture & Parks Meeting Type Council Meeting Council Date August 13, 2018 Attachments  RCP 15-42 – Storage for Tillsonburg Scout Association  RCP 17-45 – Proposed Gibson House & Deck  Vision for Gibson House Page 1 / 5 14472255244,,,RCP 18-25 - Proposed Equipment Storage Adjacent to Summer Place(1) RECOMMENDATION THAT Council receives Report RCP 18-25 – Proposed Equipment Storage Adjacent to Summer Place; AND THAT Council approves Option ___ as outlined in the report. EXECUTIVE SUMMARY AT their meeting of July 9, 2018, Council heard a proposal to create storage adjacent to Summer Place for use by the Tillsonburg Sea Scouts. A delegation and a petition in opposition to the project, especially the use of a shipping container as the structure, was also presented. Council requested a report from staff providing additional information about the project. BACKGROUND In 2014, Council approved an agreement with the Tillsonburg Scout Association (TSA) which changed the organization’s ability to use Gibson House for equipment storage. In September 2015, TSA proposed the use of a shipping container adjacent to Summer Place as an alternative. Report RCP 15-42 (attached) was prepared to outline the project. Council received the report for information. The 2016 RCP Business Plan included a non-Town funded item with a budget of $5,000 to establish storage for the Sea Scouts and model boaters, but the project did not move forward. In March 2017, the TSA proposed placing a boathouse and deck on the back of Gibson House. Council requested a report from staff. Report RCP 17-45 (attached) was provided to Council in October, 2017. Council received the report for information and directed the project be considered during the 2018 budget process. The 2018 RCP workplan includes direction (with no budget allocation) to “support the Gibson House Boathouse and Deck Initiative.” A “Vision for Gibson House” document (attached) was prepared for discussion with potential funders of the project. Page 120 of 169 Page 2 / 5 14472255244,,,RCP 18-25 - Proposed Equipment Storage Adjacent to Summer Place(1) The proposal currently before Council to provide storage adjacent to Summer Place/Rowing Club and exterior refurbishment of Summer Place was developed in May & June 2018, and provided to the Parks & Recreation Advisory Committee for comment before it was provided to Council via delegation on July 9. The Advisory Committee endorsed the project as proposed, as noted by the Chair of the Advisory Committee in his presentation to Council. Planning Context Zoning By-Law: Sea Containers or "cargo containers", as defined in the Town's Zoning By- Law, are regulated by Section 5.2 of the Zoning By-Law. Provisions respecting their use are as follows: Where a cargo container is used for the purpose of storage accessory to a principal use, the following provisions shall apply:  A cargo container may only be permitted in an Industrial Zone;  A cargo container may only be located in the rear yard and must comply with the rear yard depth provisions of the zone in which the said cargo container is located;  Other than the rear yard depth requirement as set out above, the placement of a cargo container shall comply with Table 5.1.1.4- Regulations for Accessory Buildings and Structures. Notwithstanding these provisions, Section 5.27 - Public Uses provides that the provisions of the Zoning By-Law shall not apply to the use of any lot or to the erection or use of any building or structure for the purpose of providing public services by the Corporation of the Town of Tillsonburg. Planning staff recommends that, if the project proceeds as outlined, that the sea container be modified such to be a regular accessory structure, rather than remain a sea container as defined by the Zoning By-Law. Memorial Park & Lake Lisgar Master Plan(MPMP): The MPMP includes the following relevant items:  Add a cantilevered deck or terrace on the back of Gibson House, overlooking the Lake. Boathouse storage should be incorporated under elevated deck structure. Status: Approved.  Develop [Summer Place] as a banquet / event facility, with a new four-season structure featuring windows and a terrace overlooking the Lake, as well as space for the Rowing Club. Consult with the Rowing Club to determine their needs in terms of facilities and storage. Renovate the surrounding grounds with gardens to create a picturesque setting for wedding photos. The existing dock can also be used for photos. Add 90 degree accessible parking on the east side of Ross Street. For large events, guests can use the parking lot by the Waterpark entrance. Consider operating a nature interpretation / education centre out of the new building. Consider adding a roof-top observation platform overlooking both the Waterpark and Lake Lisgar. Status: Tabled for further discussion. The proposed project does not align directly with either of these items, but does not impede either from proceeding in the future. The proposed project addresses the immediate storage need for the TSA & Sea Scouts in a manner that is relatively easily and cheaply reversed if plans change in the future. The MPMP proposes an expanded waterpark, but the current conceptualization of that expansion is to the north and would not be impacted by the proposed project. Page 121 of 169 Page 3 / 5 14472255244,,,RCP 18-25 - Proposed Equipment Storage Adjacent to Summer Place(1) Long Point Conservation Authority: To construct in either location, a permit from the LPRCA would be required. The Summer Place location has far fewer implications under the CA regulations than the Gibson House location in terms of shoreline impact, water quality and flood limits. Building Code Requirements In review of the preliminary design the CBO has the following comments and requirements:  A shipping container proposed to be used as a storage building requires a building permit.  Shipping containers are designed to be stacked and are capable of withstanding tremendous loads in specific locations; however, they are not designed to be backfilled to resist lateral loads on the side walls and therefore will most likely have to be reinforced. A structural engineer will need to be retained to review the container and provide a design that will withstand the lateral backfilled loads as per the proposed sketch.  The design will need to include details on the damp proofing/waterproofing product used that is subject to be applied to buried metal.  The design will need to provide details along the existing Summer Place wall to account for potential irregular shifting movements. The proposed concept as an addition beside the existing building seems to tie in very well, however, a shipping container is not the recommended construction solution for this proposed design. Shipping containers tend to be more cost effective when used as a stand-alone storage building that are separated from a main building and are not buried. Therefore, the location and overall design concept is acceptable with a recommendation that the addition be constructed of poured concrete. Alternatively, explore potential locations for a standalone location that is not backfilled. Butterfly Garden The Butterfly Garden located between Summer Place and the lake was established in 2016 by the Oxford County Stewardship Council. The Council secured a grant to fund the purchase of plant materials, and two locations on Town property (Summer Place, and Tillsonburg Cemetery) were established. In line with the MPMP guidelines of providing more naturalized spaces, increasing biodiversity and maintaining habitat, butterfly gardens are a suitable component of Memorial Park and the Lake Lisgar area and should be maintained. In general, butterfly gardens do not need to be ‘manicured’ and can be low-maintenance. The proposed storage project would significantly impact the existing butterfly garden, and the affected plants would need to be moved. The garden could be shifted towards the lake to allow for the storage project, and the proponents of the project have incorporated this into their plan. Alternatively, the entire garden could be relocated to another area of Memorial Park. Page 122 of 169 Page 4 / 5 14472255244,,,RCP 18-25 - Proposed Equipment Storage Adjacent to Summer Place(1) Staff proposes the former ‘Turtle Garden’ area East of McLaughlin Way as a good alternative location, although it has a much lower profile. The representative of the Stewardship Council involved in establishing the Butterfly Gardens has not indicated a preference regarding these two alternatives, although she has made it clear that there is an expectation that the garden and the plants in it would be preserved. Gibson House According to the existing agreement, the Tillsonburg Scout Association is able to use the basement of Gibson House for storage of equipment and to use the main floor in a manner that doesn’t impede the use of the space by others. The impact of this change to TSA’s traditional use of that space has been that the Sea Scouts have not been easily able to use Lake Lisgar for their activities and, based on anecdotal observations, have more or less stopped doing so. The boathouse and deck concept is one that has resonated with many and as noted above is incorporated in to the Master Plan. However, it is a complicated project involving considerable cost to design and construct. As it would likely involve in-water pilings and be right on the shoreline, additional regulatory issues from the LPRCA and other levels of government will need to be addressed. Formal designs and costing have not been established, and Council has not authorized any expenditure to obtain such documentation. Summer Place & Rowing Club Summer Place is used during July and August by the Town’s summer camp programs. The Rowing Club space is rented to the Tillsonburg Rowing Club and is used by them May-October for rowing programs and year-round for storage. The building has been open on a seasonal basis only since 2013, achieving considerable savings in utility costs. The building exterior was last repainted in 2014 by RCP staff. A facility condition study was conducted in 2017 that identified some capital repairs in the short to medium term, but the overall condition was deemed as fair and serviceable. The proposed project is unlikely to have any negative impact on the facility, provided the appropriate building code requirements are met, and the method of installation deals appropriately with any water or moisture between the new storage and the existing rowing club wall. Public Consultation The applicable sections of the Town’s Public Engagement Policy suggest a whole range of tools and methods for a high profile, non-routine, controversial initiative. The review and input from the Parks and Recreation Advisory Committee covers the requirements of the policy, but as there has been considerable public interest in the project, staff recommends that council consider having a public information session if a decision to proceed with the project is made. Page 123 of 169 Page 5 / 5 14472255244,,,RCP 18-25 - Proposed Equipment Storage Adjacent to Summer Place(1) Precedent Setting If the project is allowed to proceed in a manner compliant with the above noted zoning by-law and building code restrictions, then Council is following established precedent. Options A: Allow the project to proceed as proposed, provided that as per the CBO’s direction, engineering and design documents are provided confirming structural integrity and the protection of the existing building. RCP staff and the Parks & Recreation Advisory Committee recommend this option. B: Allow the project to proceed if the proponents are prepared to change the structural component to poured concrete as per the recommendation of the CBO. C: Do not allow the project to proceed. CONSULTATION/COMMUNICATION Staff consulted with the proponents, planning staff, and the Chief Building Official. FINANCIAL IMPACT/FUNDING SOURCE There is no cost to the Town for the storage as a direct result of this report. The proponents of the project have committed to meeting the costs of the project, including repainting the exterior of Summer Place and the Rowing Club. There may be some staff time and minor expenses arising from moving the Butterfly Garden. Once in place, there will be ongoing maintenance and utility costs associated with the storage. Recovering some of these costs through a rental agreement with the TSA is an option. COMMUNITY STRATEGIC PLAN (CSP) IMPACT This report supports the following CSP priorities: 1.1 Demonstrate excellence in local government initiatives 1.3 Demonstrate accountability Page 124 of 169 Report Title Sea Scout Storage Options Report No. RCP 18-27 Author Rick Cox Meeting Type Council Meeting Council Date September 24, 2018 Attachments • Sketch of Gibson House with proposed storage • RCP 18-25 – Proposed Equipment Storage Adjacent to Summer Place Page 1 / 4 RCP 18-27 - Sea Scout Storage Options.docx RECOMMENDATION THAT Council receives Report RCP 18-27 – Sea Scout Storage Options as information. EXECUTIVE SUMMARY As requested by Council at their meeting of August 13. 2018, this report provides Council with additional options to consider with respect to provision of storage near Lake Lisgar for the Tillsonburg Sea Scouts. Council requested this report through the following resolution: Moved By: Councillor Adam Seconded By: Councillor Esseltine THAT the motion for the proposed equipment storage proposal be deferred until the first regular council meeting of October; AND THAT a staff report outlining at least three options for Sea Scouts boat storage be prepared for the second regular council meeting of September including associated costs, responsibilities/expectations of the Town, and so on for council consideration. Carried BACKGROUND This report provides four storage location options for Council’s consideration. Gibson House This location provides storage very close to the lake, more or less at water level. Depending on the construction methods and additional components (e.g. viewing deck), implementation cost may be considerable. The current estimate prepared by the Tillsonburg Scout Association is in the range of $30,000, which includes a small floating dock (preferred by the LPRCA). Operating costs (a Town responsibility) include ongoing maintenance of the new building and any additional utility costs. This location is clearly identified in the Memorial Park & Lake Lisgar Master Plan as the preferred location, mainly because of the potential benefits to other users. This location does present some potential conflict with other users of the Lake (RC Boaters, fisherfolk, etc.) and neighbours but as this location has been the historic site for Sea Scout operations, the additional impact would be limited to the physical footprint of the storage building. If this option is selected, considerable communication with the community and neighbouring property owners is recommended with respect to the aesthetic impact of the building. If Council supports this option, it is worth considering whether or not the aesthetic of the boat house and raised deck should match the existing gazebo & raised walkway, which could add considerable cost and are not what is being proposed at this time. The largest drawback to this location is the potential capital cost. Page 125 of 169 Page 2 / 4 RCP 18-27 - Sea Scout Storage Options.docx Summer Place This location provides storage close to the lake, with easy access to the water via boat launch and dock. The capital costs of the proposed structure are in the range of $15,000-$20,000, however the project has been offered as a community-funded donation to the Town. Operating costs (a Town responsibility) include ongoing maintenance of the building and any utility costs. This location is not aligned with the Memorial Park & Lake Lisgar Master Plan, but as the proposed structure can be removed relatively easily it does not compromise the long-term vision of the Plan. This location presents potential conflict with other users of the Lake (rowing club, fisher folk). Although the project is not visible from their property, neighbouring property owners have made significant objection to the proposed structure and to some extent, the location. The largest drawback to this location is the objections from the neighbourhood. Crystal Palace This location provides considerable storage relatively close to the Lake, however access to the water is not convenient. There would be some capital costs associated with this option to establish some security and separation within the building. Operating costs (a Scouting responsibility) would include the rental cost for the space, and the need to temporarily relocate leading up to and during the annual Fair. This location is not aligned with the Memorial Park & Lake Lisgar Master Plan but does not compromise the long term vision of the plan. Using this location may conflict with the Fair and the Agricultural Society’s use of the building, depending on how the space was arranged. Staff has not approached the Agricultural Society to see if there would be any willingness on their part, but would be prepared to do that if directed by Council. Staff considers this option to be worse than off-site storage due to the impact on other users. Off-Site This option is not convenient to Sea Scout operations, however it has no impact on other users or the neighbourhood. There are no capital costs for this option. Operating costs (a Scouting responsibility) include the rental cost for the space, and the cost of transporting equipment to and from the Lake, neither of which would be paid by the Town. This location is not impacted by the Memorial Park & Lake Lisgar Master Plan. Summary of Options Presented Gibson HouseSummer PlaceCrystal PalaceOff-siteProximity to Lake 5 4 2 1 Ease of water entry 4 5 1 1 Capital costs 1 5 4 5 Operating Costs (Town &/or TSA costs)3 4 3 3 Supported by Master Plan 5 3 3 N/A Potential benefits to other users 5 4 1 1 Conflict with neighbours 4 1 5 5 Conflict with other existing users 4 3 2 5 Preference of Sea Scouts 5 3 1 2 Overall 4.0 3.6 2.4 2.9 Page 126 of 169 Page 3 / 4 RCP 18-27 - Sea Scout Storage Options.docx In summary, the Gibson House location is seen by staff and the Sea Scouts as the best long-term solution, but it has the highest implementation cost. The Summer Place location is a cost- effective alternative but is not supported by the neighbourhood and has more potential conflict with other users of the site. FINANCIAL IMPACT/FUNDING SOURCE This report does not have any direct financial impact, however Council may consider including an allocation of funding in the 2019 budget. COMMUNITY STRATEGIC PLAN (CSP) IMPACT This report provides information in alignment with the following Objectives of the Community Strategic Plan: • Objective 1 – Excellence in Local Government • Objective 2 – Sustainable Economy • Objective 4 – Culture & Community Page 127 of 169 Page 4 / 4 RCP 18-27 - Sea Scout Storage Options.docx Report Approval Details Document Title: RCP 18-27 - Sea Scout Storage Options.docx Attachments: - RCP 18-25 - Proposed Equipment Storage Adjacent to Summer Place.docx Final Approval Date: Sep 17, 2018 This report and all of its attachments were approved and signed as outlined below: David Calder - Sep 17, 2018 - 4:03 PM Page 128 of 169 Floating Dock (6’x20’’) Boathouse with rooftop deck (16’x20’) Location Sketch Elevation Sketch, Gibson House Storage from the West Page 129 of 169 Report Title Transfer Payment Agreement – Seniors Active Living Centers Program Report No. RCP 18-31 Author Rick Cox, Director of Recreation, Culture & Parks Meeting Type Council Council Date October 9, 2018 Attachments  Transfer Payment Agreement  SALC Funding Letter Page 1 / 2 Transfer Payment Agreement – Seniors Active Living Centers Program RECOMMENDATION THAT Council receives RCP 18-31 – Transfer Payment Agreement – Seniors Active Living Centres Program; AND THAT Council authorizes the Mayor and Clerk to sign the Agreement. EXECUTIVE SUMMARY The Province of Ontario has issued a Transfer Payment Agreement for the annual grant and special grant funding for the Tillsonburg Senior Centre. The Agreement is issued as an ongoing one that would not ordinarily need to be renewed unless the Agreement is to be changed. Authorizing this agreement is a requirement for the Province to release the funds. BACKGROUND Each year, the Town applies for the Seniors Active Living Centres Program funding and, in collaboration with the Tillsonburg Senior Centre applies for additional special project funding. The Province requires that a Transfer Payment Agreement is in place before releasing the funds. The Town has an MOU in place with the Tillsonburg Senior Centre organization to deliver on the expectations of the funding program. FINANCIAL IMPACT/FUNDING SOURCE If this Agreement is not in place for the Provincial Governments, 2018-2019 fiscal year, the Town will not receive the $42,700 senior centre grant and a $5,211.46 special grant. The negative impact to the Town’s budget would be approximately $8,000, and the negative impact to the Tillsonburg Senior Centre’s operating budget of approximately $40,000. COMMUNITY STRATEGIC PLAN (CSP) IMPACT This report provides information in alignment with the following Objectives of the Community Strategic Plan:  Objective 1 – Excellence in Local Government  Objective 2 – Sustainable Economy  Objective 4 – Culture & Community Page 130 of 169 Page 2 / 2 CAO Report Approval Details Document Title: RCP 18-31 - Transfer Payment Agreement - Seniors Active Living Centers Program.docx Attachments: - RCP 18-31 - ATT 01 - SALC TPA 2018 Tillsonburg.pdf Final Approval Date: Oct 4, 2018 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - Oct 3, 2018 - 4:12 PM David Calder - Oct 3, 2018 - 6:53 PM Donna Wilson - Oct 4, 2018 - 10:33 AM Page 131 of 169 Seniors Active Living Centres Program – Tillsonburg Seniors Centre 2018-03-1-767568430 1 ONTARIO TRANSFER PAYMENT AGREEMENT SENIORS ACTIVE LIVING CENTERS PROGRAM THE AGREEMENT is effective as of the first day of May, 2018. B E T W E E N : Her Majesty the Queen in right of Ontario as represented by the Minister for Seniors and Accessibility (the “Province”) - and - The Corporation of the Town of Tillsonburg on behalf of Tillsonburg Seniors Centre (the “Recipient”) CONSIDERATION In consideration of the mutual covenants and agreements contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Province and the Recipient agree as follows: 1.0 ENTIRE AGREEMENT 1.1 The agreement, together with: Schedule “A” - General Terms and Conditions Schedule “B” - Project Specific Information and Additional Provisions and any amending agreement entered into as provided for in section 4.1, constitutes the entire agreement between the Parties with respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations and agreements. Page 132 of 169 Seniors Active Living Centres Program – Tillsonburg Seniors Centre 2018-03-1-767568430 2 2.0 CONFLICT OR INCONSISTENCY 2.1 Conflict or Inconsistency. In the event of a conflict or inconsistency between the Additional Provisions and the provisions in Schedule “A”, the following rules will apply: (a) the Parties will interpret any Additional Provisions in so far as possible, in a way that preserves the intention of the Parties as expressed in Schedule “A”; and (b) where it is not possible to interpret the Additional Provisions in a way that is consistent with the provisions in Schedule “A”, the Additional Provisions will prevail over the provisions in Schedule “A” to the extent of the inconsistency. 3.0 COUNTERPARTS 3.1 The Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. 4.0 AMENDING THE AGREEMENT 4.1 The Agreement may only be amended by a written agreement duly executed by the Parties. 5.0 ACKNOWLEDGEMENT 5.1 The Recipient acknowledges that: (a) by receiving Funds it may become subject to legislation applicable to organizations that receive funding from the Government of Ontario, including the Broader Public Sector Accountability Act, 2010 (Ontario), the Public Sector Salary Disclosure Act, 1996 (Ontario), and the Auditor General Act (Ontario); (b) Her Majesty the Queen in right of Ontario has issued expenses, perquisites, and procurement directives and guidelines pursuant to the Broader Public Sector Accountability Act, 2010 (Ontario); (c) the Funds are: Page 133 of 169 Seniors Active Living Centres Program – Tillsonburg Seniors Centre 2018-03-1-767568430 3 (i) to assist the Recipient to carry out the Project and not to provide goods or services to the Province; (ii) funding for the purposes of the Public Sector Salary Disclosure Act, 1996 (Ontario); (d) the Province is not responsible for carrying out the Project; and (e) the Province is bound by the Freedom of Information and Protection of Privacy Act (Ontario) and that any information provided to the Province in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act. - SIGNATURE PAGE FOLLOWS - Page 134 of 169 Seniors Active Living Centres Program – Tillsonburg Seniors Centre 2018-03-1-767568430 4 The Parties have executed the Agreement on the dates set out below. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister for Seniors and Accessibility _________________ ____________________________________ Date Kathleen Henschel, Director The Corporation of the Town of Tillsonburgon behalf of the Tillsonburg Seniors Centre _________________ Date ____________________________________ Name: Stephen Molnar Title: Mayor ____________________________________ Name: Donna WilsonTitle: Town Clerk I have authority to bind the Recipient. Page 135 of 169 Seniors Active Living Centres Program – Tillsonburg Seniors Centre 2018-03-1-767568430 5 SCHEDULE “A” GENERAL TERMS AND CONDITIONS A1.0 INTERPRETATION AND DEFINITIONS A1.1 Interpretation. For the purposes of interpretation: (a) words in the singular include the plural and vice-versa; (b) words in one gender include all genders; (c) the headings do not form part of the Agreement; they are for reference only and will not affect the interpretation of the Agreement; (d) any reference to dollars or currency will be in Canadian dollars and currency; and (e) “include”, “includes” and “including” denote that the subsequent list is not exhaustive. A1.2 Definitions. In the Agreement, the following terms will have the following meanings: “Additional Provisions” means the terms and conditions set out in Schedule “B”. “Agreement” means this agreement entered into between the Province and the Recipient, all of the schedules listed in section 1.1, and any amending agreement entered into pursuant to section 4.1. “Budget” means the budget for expenses related to the Recipient’s seniors active living centre program, as set out in the Funding Letter. “Business Day” means any working day, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year’s Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day and any other day on which the Province has elected to be closed for business. “Effective Date” means the date set out at the top of the Agreement. “Event of Default” has the meaning ascribed to it in section A13.1. “Funding Letter” means the letter(s) from the Province to the Recipient indicating the approved amount of the Funds to the Recipient for the Funding Year; Page 136 of 169 Seniors Active Living Centres Program – Tillsonburg Seniors Centre 2018-03-1-767568430 6 “Funding Year” means: (a) in the case of the first Funding Year, the period commencing on the Effective Date and ending on the following March 31; and (b) in the case of Funding Years subsequent to the first Funding Year, the period commencing on April 1 following the end of the previous Funding Year and ending on the following March 31. “Funds” means the money the Province provides to the Recipient pursuant to the Agreement. “Indemnified Parties” means Her Majesty the Queen in right of Ontario, Her ministers, agents, appointees, and employees. “Maximum Funds” means the maximum Funds set out in the Funding Letter. “Notice” means any communication given or required to be given pursuant to the Agreement. “Notice Period” means the period of time within which the Recipient is required to remedy an Event of Default pursuant to section A13.3(b), and includes any such period or periods of time by which the Province extends that time in accordance with section A13.4. “Parties” means the Province and the Recipient. “Party” means either the Province or the Recipient. “Program Guidelines” means the Province’s program guidelines, issued April 2018, and revised from time to time by the Province, containing terms and conditions in respect of seniors active living centre program funding. “Project” means the undertakings approved by the Province in accordance with the Seniors Active Living Centres Act, 2017, in support of the Recipient’s seniors active living centre program, as set out in the Funding Letter. A2.0 REPRESENTATIONS, WARRANTIES, AND COVENANTS A2.1 General. The Recipient represents, warrants, and covenants that: (a) it is, and will continue to be, a validly existing legal entity with full power to fulfill its obligations under the Agreement; (b) it has, and will continue to have, the experience and expertise necessary to carry out the Project; Page 137 of 169 Seniors Active Living Centres Program – Tillsonburg Seniors Centre 2018-03-1-767568430 7 (c) it is in compliance with, and will continue to comply with, all federal and provincial laws and regulations, all municipal by-laws, and any other orders, rules, and by-laws related to any aspect of the Project, the Funds, or both; and (d) unless otherwise provided for in the Agreement, any information the Recipient provided to the Province in support of its request for funds (including information relating to any eligibility requirements) was true and complete at the time the Recipient provided it and will continue to be true and complete. A2.2 Execution of Agreement. The Recipient represents and warrants that it has: (a) the full power and authority to enter into the Agreement; and (b) taken all necessary actions to authorize the execution of the Agreement. A2.3 Governance. The Recipient represents, warrants, and covenants that it has, will maintain in writing, and will follow: (a) a code of conduct and ethical responsibilities for all persons at all levels of the Recipient’s organization; (b) procedures to enable the Recipient’s ongoing effective functioning; (c) decision-making mechanisms for the Recipient; (d) procedures to enable the Recipient to manage Funds prudently and effectively; (e) procedures to enable the Recipient to complete the Project successfully; (f) procedures to enable the Recipient to identify risks to the completion of the Project and strategies to address the identified risks, all in a timely manner; (g) procedures to enable the preparation and submission of all Reports required pursuant to Article A7.0; and (h) procedures to enable the Recipient to address such other matters as the Recipient considers necessary to enable the Recipient to carry out its obligations under the Agreement. A2.4 Supporting Proof. Upon the request of the Province, the Recipient will provide the Province with proof of the matters referred to in Article A2.0. Page 138 of 169 Seniors Active Living Centres Program – Tillsonburg Seniors Centre 2018-03-1-767568430 8 A3.0 TERM OF THE AGREEMENT A3.1 Term. The term of the Agreement will commence on the Effective Date and shall continue until terminated pursuant to Article A11.0, Article A12.0, or Article A13.0. A4.0 FUNDS AND CARRYING OUT THE PROJECT A4.1 Funds Provided. The Province will: (a) provide the Recipient up to the Maximum Funds for the purpose of carrying out the Project; (b) provide the Funds to the Recipient at regular intervals determined by the Province, with notice to the Recipient, as set out in the Funding Letter; -; and (c) deposit the Funds into an account designated by the Recipient provided that the account: (i) resides at a Canadian financial institution; and (ii) is in the name of the Recipient. A4.2 Limitation on Payment of Funds. Despite section A4.1: (a) the Province is not obligated to provide any Funds to the Recipient until the Recipient provides the certificates of insurance or other proof as the Province may request pursuant to section A10.2; (b) the Province is not obligated to provide instalments of Funds until it is satisfied with the progress of the Project; (c) the Province may adjust the amount of Funds it provides to the Recipient in any Funding Year based upon the Province’s assessment of the information the Recipient provides to the Province pursuant to section A7.1; or (d) if, pursuant to the Financial Administration Act (Ontario), the Province does not receive the necessary appropriation from the Ontario Legislature for payment under the Agreement, the Province is not obligated to make any such payment, and, as a consequence, the Province may: (i) reduce the amount of Funds and, in consultation with the Recipient, change the Project; or (ii) terminate the Agreement pursuant to section A12.1. Page 139 of 169 Seniors Active Living Centres Program – Tillsonburg Seniors Centre 2018-03-1-767568430 9 A4.3 Use of Funds and Carry Out the Project. The Recipient will do all of the following: (a) carry out the Project in accordance with the Agreement; (b) use the Funds only for the purpose of carrying out the Project; (c) spend the Funds only in accordance with the Budget; (d) not use the Funds to cover any cost that has or will be funded or reimbursed by one or more of any third party, ministry, agency, or organization of the Government of Ontario. A4.4 Interest Bearing Account. If the Province provides Funds before the Recipient’s immediate need for the Funds, the Recipient will place the Funds in an interest bearing account in the name of the Recipient at a Canadian financial institution. A4.5 Interest. If the Recipient earns any interest on the Funds, the Province may: (a) deduct an amount equal to the interest from any further instalments of Funds; or (b) demand from the Recipient the payment of an amount equal to the interest. A4.6 Rebates, Credits, and Refunds. The Ministry will calculate Funds based on the actual costs to the Recipient to carry out the Project, less any costs (including taxes) for which the Recipient has received, will receive, or is eligible to receive, a rebate, credit, or refund. A5.0 RECIPIENT’S ACQUISITION OF GOODS OR SERVICES, AND DISPOSAL OF ASSETS A5.1 Acquisition. If the Recipient acquires goods, services, or both with the Funds, it will: (a) do so through a process that promotes the best value for money; and (b) comply with the Broader Public Sector Accountability Act, 2010 (Ontario), including any procurement directive issued thereunder, to the extent applicable. A5.2 Disposal. The Recipient will not, without the Province’s prior written consent, sell, lease, or otherwise dispose of any asset purchased or created with the Funds or for which Funds were provided, the cost of which exceeded the Page 140 of 169 Seniors Active Living Centres Program – Tillsonburg Seniors Centre 2018-03-1-767568430 10 amount as provided for in Schedule “B” at the time of purchase. A6.0 CONFLICT OF INTEREST A6.1 No Conflict of Interest. The Recipient will carry out the Project and use the Funds without an actual, potential, or perceived conflict of interest. A6.2 Conflict of Interest Includes. For the purposes of Article A6.0, a conflict of interest includes any circumstances where: (a) the Recipient; or (b) any person who has the capacity to influence the Recipient’s decisions, has outside commitments, relationships, or financial interests that could, or could be seen to, interfere with the Recipient’s objective, unbiased, and impartial judgment relating to the Project, the use of the Funds, or both. A6.3 Disclosure to Province. The Recipient will: (a) disclose to the Province, without delay, any situation that a reasonable person would interpret as an actual, potential, or perceived conflict of interest; and (b) comply with any terms and conditions that the Province may prescribe as a result of the disclosure. A7.0 REPORTS, ACCOUNTING, AND REVIEW A7.1 Preparation and Submission. The Recipient will: (a) submit to the Province at the address referred to in section A17.1, an annual report in accordance with the Program Guidelines, or in a form as specified by the Province from time to time; (b) submit to the Province at the address referred to in section A17.1, any other reports as may be requested by the Province in accordance with the timelines and content requirements specified by the Province; (c) ensure that the annual report and any other reports are completed to the satisfaction of the Province; and (d) ensure that the annual report and any other reports are signed on behalf of the Recipient by an authorized signing officer. Page 141 of 169 Seniors Active Living Centres Program – Tillsonburg Seniors Centre 2018-03-1-767568430 11 A7.2 Record Maintenance. The Recipient will keep and maintain: (a) all financial records (including invoices) relating to the Funds or otherwise to the Project in a manner consistent with generally accepted accounting principles; and (b) all non-financial documents and records relating to the Funds or otherwise to the Project. A7.3 Inspection. The Province, any authorized representative, or any independent auditor identified by the Province may, at the Province’s expense, upon twenty- four hours’ Notice to the Recipient and during normal business hours, enter upon the Recipient’s premises to review the progress of the Project and the Recipient’s allocation and expenditure of the Funds and, for these purposes, the Province, any authorized representative, or any independent auditor identified by the Province may take one or more of the following actions: (a) inspect and copy the records and documents referred to in section A7.2; (b) remove any copies made pursuant to section A7.3(a) from the Recipient’s premises; and (c) conduct an audit or investigation of the Recipient in respect of the expenditure of the Funds, the Project, or both. A7.4 Disclosure. To assist in respect of the rights provided for in section A7.3, the Recipient will disclose any information requested by the Province, any authorized representatives, or any independent auditor identified by the Province, and will do so in the form requested by the Province, any authorized representative, or any independent auditor identified by the Province, as the case may be. A7.5 No Control of Records. No provision of the Agreement will be construed so as to give the Province any control whatsoever over the Recipient’s records. A7.6 Auditor General. The Province’s rights under Article A7.0 are in addition to any rights provided to the Auditor General pursuant to section 9.1 of the Auditor General Act (Ontario). A8.0 COMMUNICATIONS REQUIREMENTS A8.1 Acknowledge Support. Unless otherwise directed by the Province, the Recipient will: (a) acknowledge the support of the Province for the Project; and Page 142 of 169 Seniors Active Living Centres Program – Tillsonburg Seniors Centre 2018-03-1-767568430 12 (b) ensure that the acknowledgement referred to in section A8.1(a) is in a form and manner as directed by the Province. A8.2 Publication. The Recipient will indicate, in any of its Project-related publications, whether written, oral, or visual, that the views expressed in the publication are the views of the Recipient and do not necessarily reflect those of the Province. A9.0 INDEMNITY A9.1 Indemnification. The Recipient will indemnify and hold harmless the Indemnified Parties from and against any and all liability, loss, costs, damages, and expenses (including legal, expert and consultant fees), causes of action, actions, claims, demands, lawsuits, or other proceedings, by whomever made, sustained, incurred, brought, or prosecuted, in any way arising out of or in connection with the Project or otherwise in connection with the Agreement, unless solely caused by the negligence or wilful misconduct of the Indemnified Parties. A10.0 INSURANCE A10.1 Recipient’s Insurance. The Recipient represents, warrants, and covenants that it has, and will maintain, at its own cost and expense, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all the necessary and appropriate insurance that a prudent person carrying out a project similar to the Project would maintain, including commercial general liability insurance on an occurrence basis for third party bodily injury, personal injury, and property damage, to an inclusive limit of not less than the amount provided for in Schedule “B” per occurrence. The insurance policy will include the following: (a) the Indemnified Parties as additional insureds with respect to liability arising in the course of performance of the Recipient’s obligations under, or otherwise in connection with, the Agreement; (b) a cross-liability clause; (c) contractual liability coverage; and (d) a 30-day written notice of cancellation. A10.2 Proof of Insurance. The Recipient will: (a) provide to the Province, either: (i) certificates of insurance that confirm the insurance coverage as provided for in section A10.1; or Page 143 of 169 Seniors Active Living Centres Program – Tillsonburg Seniors Centre 2018-03-1-767568430 13 (ii) other proof that confirms the insurance coverage as provided for in section A10.1; and (b) upon the request of the Province, provide to the Province a copy of any insurance policy. A11.0 TERMINATION ON NOTICE A11.1 Termination on Notice. The Province may terminate the Agreement at any time without liability, penalty, or costs upon giving at least 30 days’ Notice to the Recipient. A11.2 Consequences of Termination on Notice by the Province. If the Province terminates the Agreement pursuant to section A11.1, the Province may take one or more of the following actions: (a) cancel further instalments of Funds; (b) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; and (c) determine the reasonable costs for the Recipient to wind down the Project, and do either or both of the following: (i) permit the Recipient to offset such costs against the amount the Recipient owes pursuant to section A11.2(b); and (ii) subject to section A4.1(a), provide Funds to the Recipient to cover such costs. A12.0 TERMINATION WHERE NO APPROPRIATION A12.1 Termination Where No Appropriation. If, as provided for in section A4.2(d), the Province does not receive the necessary appropriation from the Ontario Legislature for any payment the Province is to make pursuant to the Agreement, the Province may terminate the Agreement immediately without liability, penalty, or costs by giving Notice to the Recipient. A12.2 Consequences of Termination Where No Appropriation. If the Province terminates the Agreement pursuant to section A12.1, the Province may take one or more of the following actions: (a) cancel further instalments of Funds; (b) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; and Page 144 of 169 Seniors Active Living Centres Program – Tillsonburg Seniors Centre 2018-03-1-767568430 14 (c) determine the reasonable costs for the Recipient to wind down the Project and permit the Recipient to offset such costs against the amount owing pursuant to section A12.2(b). A12.3 No Additional Funds. If, pursuant to section A12.2(c), the Province determines that the costs to wind down the Project exceed the Funds remaining in the possession or under the control of the Recipient, the Province will not provide additional Funds to the Recipient. A13.0 EVENT OF DEFAULT, CORRECTIVE ACTION, AND TERMINATION FOR DEFAULT A13.1 Events of Default. Each of the following events will constitute an Event of Default: (a) in the opinion of the Province, the Recipient breaches any representation, warranty, covenant, or other material term of the Agreement, including failing to do any of the following in accordance with the terms and conditions of the Agreement: (i) carry out the Project; (ii) use or spend Funds; or (iii) provide, in accordance with section A7.1, Reports or such other reports as may have been requested pursuant to section A7.1(b); (b) the Recipient’s operations, its financial condition, or its organizational structure, changes such that it no longer meets one or more of the eligibility requirements of the program under which the Province provides the Funds; (c) the Recipient makes an assignment, proposal, compromise, or arrangement for the benefit of creditors, or a creditor makes an application for an order adjudging the Recipient bankrupt, or applies for the appointment of a receiver; or (d) the Recipient ceases to operate. A13.2 Consequences of Events of Default and Corrective Action. If an Event of Default occurs, the Province may, at any time, take one or more of the following actions: (a) initiate any action the Province considers necessary in order to facilitate the successful continuation or completion of the Project; Page 145 of 169 Seniors Active Living Centres Program – Tillsonburg Seniors Centre 2018-03-1-767568430 15 (b) provide the Recipient with an opportunity to remedy the Event of Default; (c) suspend the payment of Funds for such period as the Province determines appropriate; (d) reduce the amount of the Funds; (e) cancel further instalments of Funds; (f) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; (g) demand from the Recipient the payment of an amount equal to any Funds the Recipient used, but did not use in accordance with the Agreement; (h) demand from the Recipient the payment of an amount equal to any Funds the Province provided to the Recipient; and (i) terminate the Agreement at any time, including immediately, without liability, penalty or costs to the Province upon giving Notice to the Recipient. A13.3 Opportunity to Remedy. If, in accordance with section A13.2(b), the Province provides the Recipient with an opportunity to remedy the Event of Default, the Province will give Notice to the Recipient of: (a) the particulars of the Event of Default; and (b) the Notice Period. A13.4 Recipient not Remedying. If the Province provided the Recipient with an opportunity to remedy the Event of Default pursuant to section A13.2(b), and: (a) the Recipient does not remedy the Event of Default within the Notice Period; (b) it becomes apparent to the Province that the Recipient cannot completely remedy the Event of Default within the Notice Period; or (c) the Recipient is not proceeding to remedy the Event of Default in a way that is satisfactory to the Province, the Province may extend the Notice Period, or initiate any one or more of the actions provided for in sections A13.2(a), (c), (d), (e), (f), (g), (h), and (i). Page 146 of 169 Seniors Active Living Centres Program – Tillsonburg Seniors Centre 2018-03-1-767568430 16 A13.5 When Termination Effective. Termination under Article will take effect as provided for in the Notice. A14.0 FUNDS AT THE END OF A FUNDING YEAR A14.1 Funds at the End of a Funding Year. Without limiting any rights of the Province under Article A13.0, if the Recipient has not spent all of the Funds allocated for the Funding Year as provided for in the Budget, the Province may take one or both of the following actions: (a) demand from the Recipient payment of the unspent Funds; and (b) adjust the amount of any further instalments of Funds accordingly. A15.0 FUNDS UPON EXPIRY A15.1 Funds Upon Expiry. The Recipient will, upon expiry of the Agreement, pay to the Province any Funds remaining in its possession or under its control. A16.0 DEBT DUE AND PAYMENT A16.1 Payment of Overpayment. If at any time the Province provides Funds in excess of the amount to which the Recipient is entitled under the Agreement, the Province may: (a) deduct an amount equal to the excess Funds from any further instalments of Funds; or (b) demand that the Recipient pay an amount equal to the excess Funds to the Province. A16.2 Debt Due. If, pursuant to the Agreement: (a) the Province demands from the Recipient the payment of any Funds or an amount equal to any Funds; or (b) the Recipient owes any Funds or an amount equal to any Funds to the Province, whether or not the Province has demanded their payment, such Funds or other amount will be deemed to be a debt due and owing to the Province by the Recipient, and the Recipient will pay the amount to the Province immediately, unless the Province directs otherwise. A16.3 Interest Rate. The Province may charge the Recipient interest on any money owing by the Recipient at the then current interest rate charged by the Province Page 147 of 169 Seniors Active Living Centres Program – Tillsonburg Seniors Centre 2018-03-1-767568430 17 of Ontario on accounts receivable. A16.4 Payment of Money to Province. The Recipient will pay any money owing to the Province by cheque payable to the “Ontario Minister of Finance” and delivered to the Province as provided for in Schedule “B". A16.5 Fails to Pay. Without limiting the application of section 43 of the Financial Administration Act (Ontario), if the Recipient fails to pay any amount owing under the Agreement, Her Majesty the Queen in right of Ontario may deduct any unpaid amount from any money payable to the Recipient by Her Majesty the Queen in right of Ontario. A17.0 NOTICE A17.1 Notice in Writing and Addressed. Notice will be in writing and will be delivered by email, postage-prepaid mail, personal delivery, or fax, and will be addressed to the Province and the Recipient respectively as provided for Schedule “B”, or as either Party later designates to the other by Notice. A17.2 Notice Given. Notice will be deemed to have been given: (a) in the case of postage-prepaid mail, five Business Days after the Notice is mailed; or (b) in the case of email, personal delivery, or fax, one Business Day after the Notice is delivered. A17.3 Postal Disruption. Despite section A17.2(a), in the event of a postal disruption: (a) Notice by postage-prepaid mail will not be deemed to be given; and (b) the Party giving Notice will give Notice by email, personal delivery, or fax. A18.0 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT A18.1 Consent. When the Province provides its consent pursuant to the Agreement, it may impose any terms and conditions on such consent and the Recipient will comply with such terms and conditions. A19.0 SEVERABILITY OF PROVISIONS A19.1 Invalidity or Unenforceability of Any Provision. The invalidity or unenforceability of any provision of the Agreement will not affect the validity or enforceability of any other provision of the Agreement. Any invalid or unenforceable provision will be deemed to be severed. Page 148 of 169 Seniors Active Living Centres Program – Tillsonburg Seniors Centre 2018-03-1-767568430 18 A20.0 WAIVER A20.1 Waiver Request. Either Party may, in accordance with the Notice provision set out in Article A17.0, ask the other Party to waive an obligation under the Agreement. A20.2 Waiver Applies. Any waiver a Party grants in response to a request made pursuant to section A20.1 will: (a) be valid only if the Party granting the waiver provides it in writing; and (b) apply only to the specific obligation referred to in the waiver. A21.0 INDEPENDENT PARTIES A21.1 Parties Independent. The Recipient is not an agent, joint venturer, partner, or employee of the Province, and the Recipient will not represent itself in any way that might be taken by a reasonable person to suggest that it is, or take any actions that could establish or imply such a relationship. A22.0 ASSIGNMENT OF AGREEMENT OR FUNDS A22.1 No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights or obligations under the Agreement. A22.2 Agreement Binding. All rights and obligations contained in the Agreement will extend to and be binding on the Parties’ respective heirs, executors, administrators, successors, and permitted assigns. A23.0 GOVERNING LAW A23.1 Governing Law. The Agreement and the rights, obligations, and relations of the Parties will be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with the Agreement will be conducted in the courts of Ontario, which will have exclusive jurisdiction over such proceedings. A24.0 FURTHER ASSURANCES A24.1 Agreement into Effect. The Recipient will provide such further assurances as the Province may request from time to time with respect to any matter to which the Agreement pertains, and will otherwise do or cause to be done all acts or things necessary to implement and carry into effect the terms and conditions of the Agreement to their full extent. Page 149 of 169 Seniors Active Living Centres Program – Tillsonburg Seniors Centre 2018-03-1-767568430 19 A25.0 JOINT AND SEVERAL LIABILITY A25.1 Joint and Several Liability. Where the Recipient is comprised of more than one entity, all such entities will be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under the Agreement. A26.0 RIGHTS AND REMEDIES CUMULATIVE A26.1 Rights and Remedies Cumulative. The rights and remedies of the Province under the Agreement are cumulative and are in addition to, and not in substitution for, any of its rights and remedies provided by law or in equity. A27.0 FAILURE TO COMPLY WITH OTHER AGREEMENTS A27.1 Other Agreements. If the Recipient: (a) has failed to comply with any term, condition, or obligation under any other agreement with Her Majesty the Queen in right of Ontario or one of Her agencies (a “Failure”); (b) has been provided with notice of such Failure in accordance with the requirements of such other agreement; (c) has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement; and (d) such Failure is continuing, the Province may suspend the payment of Funds for such period as the Province determines appropriate. A28.0 SURVIVAL A28.1 Survival. The following Articles and sections, and all applicable cross- referenced sections and schedules, will continue in full force and effect for a period of seven years from the date of expiry or termination of the Agreement: Article 1.0, Article 3.0, Article A1.0 and any other applicable definitions, section A2.1(a), sections A4.2(d), A4.5, section A5.2, section A7.1 (to the extent that the Recipient has not provided the Reports or other reports as may have been requested to the satisfaction of the Province), sections A7.2, A7.3, A7.4, A7.5, A7.6, Article A8.0, Article A9.0, section A11.2, sections A12.2, A12.3, sections A13.1, A13.2(d), (e), (f), (g) and (h), Article A15.0, Article A16.0, Article A17.0, Article A19.0, section A22.2, Article A23.0, Article A25.0, Article A26.0, Article A27.0 and Article A28.0. - END OF GENERAL TERMS AND CONDITIONS - Page 150 of 169 Seniors Active Living Centres Program – Tillsonburg Seniors Centre 2018-03-1-767568430 20 SCHEDULE “B” PROJECT SPECIFIC INFORMATION AND ADDITIONAL PROVISIONS Maintenance and Operating See Ministry for Seniors and Accessibility Funding Letter Special Grant See Ministry for Seniors and Accessibility Funding Letter Maximum Funds See Ministry for Seniors and Accessibility Funding Letter Expiry Date Until terminated pursuant to Article A11.0, Article A12.0, or Article A13.0. Amount for the purposes of section A5.2 (Disposal) of Schedule “A” $2,000 Insurance $2,000,000 Contact information for the purposes of Notice to the Province Name: Anita Koch Position: Senior Program Consultant Address: 777 Bay Street, 6th Fl, Toronto ON M5G 2C8 Phone: 416-212-0491 Email : anita.koch@ontario.ca Contact information for the purposes of Notice to the Recipient (Program management) Name: Position: Address: Phone: Email: Page 151 of 169 Seniors Active Living Centres Program – Tillsonburg Seniors Centre 2018-03-1-767568430 21 Contact information for the senior financial person in the Recipient organization (e.g., CFO, CAO) – to respond as required to requests from the Province related to the Agreement Name: Position: Address: Phone: Email: Additional Provisions: 1. Objective The Funds are provided for the objective of promoting active and healthy living, social engagement and learning for persons who are primarily seniors by providing them with activities and services. All Funds provided by the Province to the Recipient must be spent in support of this objective. 2. Program Guidelines a. The Recipient agrees to abide by all terms and conditions in the Program Guidelines in respect of the use of the Funds. b. The Province agrees to provide the Recipient with prompt notice of any revisions to the Program Guidelines. - End – Page 152 of 169 = ATTENDANCE Henry Atkinson (by telephone), Euclid Benoit, Geoffrey Lee, Rick Lee, John Prno, Chris Rosehart, Jeremy Stockmans Staff: Annette Murray, Dan Locke MEMBERS ABSENT/REGRETS Andre Brisson, Valerie Durston, Mel Getty, Richard Van Maele Call to Order The meeting was called to order at 5:37 p.m. Euclid Benoit sat as the Chair and John Prno acted as Recording Secretary for the meeting. 1. Adoption of Agenda Resolution #1 Moved By: Rick Lee Seconded By: Jeremy Stockmans THAT the Agenda as prepared for the Airport Advisory Committee meeting of September 11, 2018 , be adopted. Carried 2. Disclosures of Pecuniary Interest and the General Nature Thereof None Declared 3. Adoption of Minutes of Previous Meeting 3.1. Minutes of the Meeting of June 28, 2018 The Corporation of the Town of Tillsonburg AIRPORT ADVISORY COMMITTEE September 11, 2018 5:30 p.m. Tillsonburg Regional Airport Boardroom 244411 Airport Rd., South-West Oxford MINUTES Page 153 of 169 Airport Advisory Committee Meeting Minutes, September 11, 2018 - 2 - Resolution #2 Moved By: Geoffrey Lee Seconded By: Jeremy Stockmans THAT the Minutes of the Airport Advisory Committee Meeting of June 28, 2018, be approved. Carried 4. Delegations and Presentations None 5. General Business & Reports 5.1. Business Arising 5.1.1. Miller Hanger Update This is an operational issue that continues to be dealt with by Staff. 5.1.2. Terms of Reference Update Dan Locke presented the revised Terms of Reference document which will come into force with next Council term. A number of the suggestions made by committee members have been adopted in the new document. 5.1.3. Master Plan Update In response to a question from the Committee, Dan Locke advised that there is no update on approval of the Master Plan, but noted that the 2019 Budget process has begun. The Committee wished to express their continued concern about the deferral of the Airport Plan and associated works from the 2018 Budget. Resolution # 3 Moved By: Rick Lee Seconded By: Jeremy Stockmans THAT the Airport Advisory Committee reiterate to Council the need for the Airport Plan and the importance of the related improvements in the continued growth of the Airport. Carried Page 154 of 169 Airport Advisory Committee Meeting Minutes, September 11, 2018 - 3 - 6. Correspondence None Received 7. Other Business 7.1. Airport Activity Update Annette Murray reported that line painting will occur on September 19th from midnight to 8 a.m. A suggestion was made by a Committee member for additional line painting to address a recent issue of taxiing in an inappropriate location. Annette also reported on the very successful Wings and Wheels event last weekend. From all appearances, it was the most successful event yet. 8. Closed Session Not required 9. Next Meeting As the next meeting of the Airport Advisory Committee will be the final one of the Council Term, Committee members are asked to forward any outstanding issues to be either addressed at the meeting or passed on as recommendations to the next Committee. The next meeting will be held on Wednesday, November 28, 2018 at 5:30 p.m. 10. Adjournment Resolution # 4 Moved By: Rick Lee Seconded By: Jeremy Stockmans THAT the Airport Advisory Committee Meeting of September 11, 2018 be adjourned at 6:40 p.m. Carried Page 155 of 169 = ATTENDANCE: Peter Staley, Chair Mike Cerna Michael Kadey Margaret McCrimmon Emily Xuereb, Deputy Chief Building Official Laura Pickersgill, Legislative Services Coordinator Regrets: Stephen Molnar, Mayor Scot Richardson 1. Call to Order The meeting was called to order at 3:03 pm. 2. Adoption of Agenda Resolution #1 Moved By: Margaret McCrimmon Seconded By: Michael Kadey THAT the Agenda as prepared for the Accessibility Advisory Committee meeting of September 18, 2018, be adopted. Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 4. Adoption of Minutes of Previous Meeting There was not a quorum present at the last meeting. The Corporation of the Town of Tillsonburg ACCESSIBILITY ADVISORY COMMITTEE September 18, 2018 3:00 p.m. Annex Board Room, 200 Broadway, 2nd Floor MINUTES Page 156 of 169 Accessibility Advisory Committee Meeting – Minutes - 2 - 5. General Business & Reports -Planning Joint Accessibility Advisory Committee Meeting- November 5, 2018 Members reviewed the draft agenda for the Joint Meeting. Peter Staley has volunteered to Chair the meeting. Members to ensure a recycling bin is available at the event. -Sidewalks- Wood Haven and Bradburn Area Subdivisions- Laura Pickersgill Staff to provide information to committee on these decisions. 6. Next Meeting November 6, 2018 at 3:00 pm 7. Adjournment Resolution #2 Moved By: Mike Cerna Seconded By: Michael Kadey THAT the September 18, 2018 Accessibility Advisory Committee meeting be adjourned at 3:45 p.m. Page 157 of 169 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4225 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 ‘R2-18’ the zone symbol of the lands so designated ‘R2-18’ 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: “7.5.18 LOCATION: EAST SIDE OF FRANK STREET, Lot 152 & Part Lot 159, Plan 500 R2-18 (Key Map 15) 7.5.18.1 Notwithstanding any provisions of this By-Law, no person shall within any R2-18 Zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: all uses permitted in Table 7.1; 7.5.18.2 Notwithstanding any provisions of this By-Law, no person shall within any R2-18 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 7.5.18.2.1 EXISTING BUILDING AND DWELLING UNITS For existing buildings and dwelling units, the minimum lot area, lot frontage, lot depth and yards shall be those existing at the date of passing of this By-law. 7.5.18.3 That all of the provisions of the R2 Zone in Section 7.2 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. Page 158 of 169 The Corporation of the Town of Tillsonburg By-law Number 4225 Page 2 READ a first and second time this 9th day of October, 2018. READ a third time and finally passed this 9th day of October, 2018. Mayor Clerk Page 159 of 169 L O T 1 5 9 EASEMENT N.W. ANGLELOT 152, PLAN 500 N11°03'00"W 16.7616.76N78°56'00"E 20.42 N78°56'00"E 20.42 L O T 1 5 2 P L A N 5 0 0FRANK STLOT 152 AND PT LOT 159, PLAN 500TOWN OF TILLSONBURG AREA OF ZONE CHANGE TO R2-18 NOTE: ALL DIMENSIONS IN METRES MAYOR CLERK THIS IS SCHEDULE "A" TO BY-LAW No. 4225, PASSED THE 9TH DAY OF OCTOBER, 2018 SCHEDULE "A" TO BY-LAW No. 4225 © 3 0 3 6 91.5 METRES Page 160 of 169 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4226 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 ‘R1-21’ the zone symbol of the lands so designated ‘R1-21’ 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: 6.5.21 LOCATION: SOUTHRIDGE HEIGHTS, LOTS 20, 30, 34, 43 & 44, 41M-145 R1-21 (Key Map 1) 6.5.21.1 Notwithstanding any provisions of this By-Law, no person shall within any R1-21 Zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: All uses permitted in Table 6.1. 6.5.21.2 Notwithstanding any provisions of this By-Law, no person shall within any R1-21 Zone use any lot, or erect, alter, or use any building or structure except in accordance with the following provisions: 6.5.21.2.1 REAR YARD DEPTH Minimum 10.5 m (34.4ft) 6.5.21.2.2 LOT COVERAGE Maximum 35 % 6.5.21.2.3 PERMITTED ENCROACHMENTS Notwithstanding Table 5.37.1- Permitted Projections into Required Yards, on lands zoned R1-21, an attached garage may project up to 1.5 m (4.9 ft) into the required front yard depth. 6.5.21.3 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 Page 161 of 169 The Corporation of the Town of Tillsonburg By-law Number 4226 Page 2 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. READ a first and second time this 9th day of October, 2018. READ a third time and finally passed this 9th day of October, 2018. Mayor Clerk Page 162 of 169 2 11 9 2 9 3 1 3 2 3 3 3 4 3 5 4 34 44 24 5 34.06 34.0420.034.10 34.11 16.0 34.02 0 3 0 R E G I S T E R E D P L A N 4 1 M - 1 4 5 N79°27"20"E N79°27'40"E N11°23'10"WN11°25'50"W20.036.0036.70TRILLIUM DR CROCUS AVE PRIMROSE DRMORNING GLORY DRLOTS 20, 30, 34, 43 and 44, REGISTERED PLAN 41M-145TOWN OF TILLSONBURG AREA OF ZONE CHANGE TO R1-21 NOTE: ALL DIMENSIONS IN METRES MAYOR CLERK THIS IS SCHEDULE "A" TO BY-LAW No. 4226, PASSED THE 9th DAY OF OCTOBER, 2018 SCHEDULE "A" TO BY-LAW No. 4226 © 25 0 25 50 7512.5 METRES R1-21 R1-21 R1-21 R1-21 R1-21 Page 163 of 169 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4227 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 ‘R2-17 (H)’ & ‘RM-5 (H)’ the zone symbol of the lands so designated ‘R2-17 (H)’ & ‘RM-5 (H)’ on Schedule “A” attached hereto. 2. That Section 7.5 to By-Law Number 3295, as amended is hereby further amended by adding the following: “7.5.17 LOCATION: EAST SIDE OF HARVEST AVENUE, WEST OF WEST TOWN LINE (POTTERS GATE) PART LOT 24, PLAN 1653, R2-17 (H) (Key Map 31) 7.5.17.1 Notwithstanding any provisions of this By-Law, no person shall within any R2-17 Zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: All uses permitted in Table 7.1. 7.5.17.2 Notwithstanding any provisions of this By-Law, no person shall within any R2-17 Zone use any lot, or erect, alter, or use any building or structure except in accordance with the following provisions: 7.5.17.2.1 EXTERIOR SIDE YARD WIDTH Minimum 3 m (9.8 ft) 7.5.17.2.2 LOT FRONTAGE FOR CORNER LOT Minimum 10 m (32.8 ft) 7.5.17.2.3 LOT COVERAGE Maximum 60 % 7.5.17.3 HOLDING ZONE PROVISIONS 7.5.17.3.1 PERMITTED USES WHILE HOLDING ZONE IS IN PLACE Page 164 of 169 The Corporation of the Town of Tillsonburg By-law Number 4227 Page 2 None 7.5.17.3.2 REMOVAL OF HOLDING ZONE The Holding Zone, as identified by the “(H)” symbol, shall not be removed from the subject lands until appropriate development agreements have been executed between the applicant and the Town of Tillsonburg. Removal of the Holding Zone shall be undertaken in accordance with Section 36 of the Planning Act. 7.5.17.4 That all of the provisions of the R2 Zone in Section 7.2 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. That Section 9.5 to By-Law Number 3295, as amended is hereby further amended by adding the following: “9.5.5 LOCATION: EAST SIDE OF HARVEST AVENUE, WEST OF WEST TOWN LINE (POTTERS GATE) PART LOT 24, PLAN 1653, RM-5 (H) (Key Map 31) 9.5.5.1 Notwithstanding any provisions of this By-Law, no person shall within any RM-5 Zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: All uses permitted in Table 9.1. 9.5.5.2 Notwithstanding any provisions of this By-Law, no person shall within any RM-5 Zone use any lot, or erect, alter, or use any building or structure except in accordance with the following provisions: 9.5.5.2.1 EXTERIOR SIDE YARD WIDTH Minimum 3 m (9.8 ft) 9.5.5.2.2 LOT FRONTAGE FOR END UNIT Minimum 7.5 m (24.6 ft) 9.5.5.2.3 LOT COVERAGE Maximum 60 % 9.5.5.2.4 REAR YARD DEPTH Minimum 5.5 m (18 ft) 9.5.5.2.5 LOT AREA Page 165 of 169 The Corporation of the Town of Tillsonburg By-law Number 4227 Page 3 Maximum 635 m2 per dwelling unit (6,835 ft2 per dwelling unit) 9.5.5.2.6 INTERIOR SIDE YARD WIDTH FOR END UNITS Minimum 1.2 m (3.9 ft) 9.5.5.3 HOLDING ZONE PROVISIONS 9.5.5.3.1 PERMITTED USES WHILE HOLDING ZONE IS IN PLACE None 9.5.5.3.2 REMOVAL OF HOLDING ZONE The Holding Zone, as identified by the “(H)” symbol, shall not be removed from the subject lands until appropriate development agreements have been executed between the applicant and the Town of Tillsonburg. Removal of the Holding Zone shall be undertaken in accordance with Section 36 of the Planning Act. 9.5.5.4 That all of the provisions of the RM Zone in Section 9.2 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.” 4. 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 9th day of October, 2018. READ a third time and finally passed this 9th day of October, 2018. Mayor Clerk Page 166 of 169 N56°25'20"W8.49N11°35'44"W34.44N11°25'20"W10.65 A=73.52R=136.00A=61.64R=114.004 1 R - 9 5 7 5P A R T 2P A R T 1L O T 2 4P L A N 1 6 5 3WESTTOWN LINEH A R V E S T AVEN11°25'20"W22.56 N75°06' 2 5 " W 31.72N42°24'00"W56.91N11°25'20"W 75.14N11°44'14"W 81.69N78°34'40"E 121.98 N11°25'20"W 334.31N78°34'40"E 247.49 N33°33'20"E8.48 N78°34'30"E17.14 PT LOT 24, PLAN 1653PART 1, REFERENCE PLAN 41R-9575TOWN OF TILLSONBURG AREA CURRENTLY ZONED FD NOTE: ALL DIMENSIONS IN METRESTHIS BY-LAW IS INTENDED TO ENCOMPASSALL OF THE DRAFT PLAN OF SUBDIVISION SB18-02-7. MAYOR CLERK THIS IS SCHEDULE "A" TO BY-LAW No. 4227, PASSED THE 9th DAY OF OCTOBER, 2018 SCHEDULE "A" TO BY-LAW No. 4227 © 25 0 25 50 7512.5 METRES AREA OF ZONE CHANGE TO RM-5(H) AREA OF ZONE CHANGE TO R2-17(H) FD RM-5(H) R2-17(H) FD FD RM-5(H) RM-5(H) R2-17(H) Page 167 of 169 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4229 BEING A BY-LAW to authorize a Development Cost-Sharing Agreement between the Corporation of the Town of Tillsonburg and Performance Communities Realty Inc. WHEREAS the Corporation of the Town of Tillsonburg deems it necessary and expedient to enter into a Development Cost Sharing Agreement with Performance Communities Realty Inc. NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. THAT Schedule “A” attached hereto forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached Master Services Agreement marked as Schedule “A” on behalf of the Corporation of the Town of Tillsonburg. 3. THAT this by-law shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 9th DAY OF OCTOBER, 2018. READ A THIRD AND FINAL TIME AND PASSED THIS 9th DAY OF OCTOBER, 2018. ________________________________ Mayor – Stephen Molnar ________________________________ Town Clerk – Donna Wilson Page 168 of 169 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4228 BEING A BY-LAW to confirm the proceedings of Council at its meeting held on the 9th day of October, 2018 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 meeting held on October 9, 2018, 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 Tillsonburg. 4. This by-law shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 9th DAY OF OCTOBER, 2018. READ A THIRD AND FINAL TIME AND PASSED THIS 9th DAY OF OCTOBER, 2018. ________________________________ Mayor – Stephen Molnar ________________________________ Town Clerk – Donna Wilson Page 169 of 169