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190311 Regular Council Meeting Agenda
The Corporation of the Town of Tillsonburg COUNCIL MEETING AGENDA Monday, March 11, 2019 6:00 PM Council Chambers 200 Broadway, 2nd Floor 1.Call to Order 2.Closed Session 3.Adoption of Agenda Proposed Resolution #1 Moved By: ________________ Seconded By: ________________ THAT the Agenda as prepared for the Council meeting of Monday, March 11, 2019 be adopted. 4.Moment of Silence 5.Disclosures of Pecuniary Interest and the General Nature Thereof 6.Adoption of Council Minutes of Previous Meeting Proposed Resolution #2 Moved By: ________________ Seconded By: ________________ THAT the Minutes of the Council meeting of February 28, 2019 be approved. 7.Presentations 8.Public Meetings Proposed Resolution #3 Moved By: ________________ Seconded By: ________________ THAT Council move into the Committee of Adjustment to hear applications for Minor Variance at _________pm. 8.1 Application for Minor Variance - A01-19 - 24 Morning Glory Drive (Simon Wagler Homes) Proposed Resolution #4 Moved By: ________________ Seconded By: ________________ THAT the Committee of Adjustment approves Application File A01-19, submitted by Simon Wagler Homes, for lands described as Lot 143, Plan 41M-145, Town of Tillsonburg, as it relates to: 1. Relief from Section 6.2, Table 6.2 - Zone Provisions, to increase the maximum permitted lot coverage of an 'R1' zoned lot from 36.7% to 38% of the lot area. Proposed Resolution #5 Moved By: ________________ Seconded By: ________________ THAT Council move out of the Committee of Adjustment and move back into regular Council session at ____________pm. 8.2 Application for Zone Change - ZN 7-18-14 - 88 Bidwell Street (St. Paul's United Church) Proposed Resolution #6 Moved By: ________________ Seconded By: ________________ THAT Council approves the zone change application submitted by St. Paul's United Church, whereby the lands described as Lots 888-890, Plan 500, Town of Tillsonburg, known municipally as 38 Ridout Street are to be rezoned from 'Central Commercial Zone (CC)' to 'Special Central Commercial Zone (CC-sp)' to permit a single detached dwelling in an existing building. 8.3 Application for Zone Change - ZN 7-18-01 - Supplementary Report - 500 Broadway (Greg Vermeersch) Proposed Resolution #7 Moved By: ________________ Seconded By: ________________ THAT Council approves the zone change application submitted by Greg Vermeersch, whereby the lands described as Part Lot 85, Lot 86, Plan 500, Parts 3 of 41R-1779, Town of Tillsonburg, known municipally as 500 Broadway are to be rezoned from 'Low Density Residential Type 1 Zone (R1)' to 'Special Low Density Residential Type 3 Zone (R3-15)' to permit the development of a multi-unit dwelling, consisting of 3 Page 2 of 123 dwelling units. 9.Planning Applications 10.Delegations 10.1 Sharon Howard, President, Tillsonburg Rowing Club Proposed Resolution #8 Moved By: ________________ Seconded By: ________________ THAT Council receives the delegation from Sharon Howard, President, Tillsonburg Rowing Club, as information. 11.Deputation(s) on Committee Reports 12.Information Items 12.1 Correspondence - City of Woodstock - Regional Government Reform Proposed Resolution #9 Moved By: ________________ Seconded By: ________________ THAT Council receives the correspondence from the City of Woodstock, regarding Regional Government Reform, as information. 13.Staff Reports 13.1 Chief Administrative Officer 13.2 Clerk's Office 13.3 Development and Communication Services 13.3.1 DCS 19-03 - Highway 3 Business Park Naming - Survey Results Proposed Resolution #10 Moved By: ________________ Seconded By: ________________ THAT Council receives Report DCS 19-03 - Highway 3 Business Park Naming - Survey Results, as information. 13.4 Finance 13.5 Fire and Emergency Services Page 3 of 123 13.6 Operations 13.6.1 OPS 19-04 - Results for Tender RFT 2019-001 Asphalt Paving Program Proposed Resolution #11 Moved By: ________________ Seconded By: ________________ THAT Council receives Report OPS 19-04 - Results for Tender RFT 2019- 001 Asphalt Paving Program; AND THAT Council awards Tender RFT 2019-001 to Dufferin Construction Company, A division of CRH Canada Group Inc. of London, ON at a cost of $700,674.59 (net HST included), the lowest bid received satisfying all Tender requirements. 13.6.2 OPS 19-05 - Results for Tender RFT 2019-002 Concrete Sidewalk and Curbing Proposed Resolution #12 Moved By: ________________ Seconded By: ________________ THAT Council receives Report OPS 19-05 - Results for Tender RFT 2019- 002 Concrete Sidewalk and Curbing; AND THAT Council awards Tender RFT 2018-007 to Dufferin Construction Company, A division of CRH Canada Group Inc. of London, ON at a cost of $289,489.29 (net HST included), the lowest bid received satisfying all Tender requirements. 13.7 Recreation, Culture & Park Services 13.7.1 RCP 19-12 - Skate Shop Lease 2019-2024 Proposed Resolution #13 Moved By: ________________ Seconded By: ________________ THAT Council receives Report RCP 19-12 – Skate Shop Lease 2019-2024 for information; AND THAT Council awards the lease for the Skate Shop in the Tillsonburg Community Centre to Tillsonburg Skate Shop (Doug Holman) for May 1, 2019 through April 30, 2024. 14.New Business Page 4 of 123 15.Consideration of Committee Minutes 15.1 Committee Minutes Proposed Resolution #14 Moved By: ________________ Seconded By: ________________ THAT Council receives the Airport Advisory Committee Minutes dated February 21, 2019 as information. 16.Motions/Notice of Motions 16.1 Councillor Gilvesy - Council Staff Relations Policy Proposed Resolution #15 Moved By: ________________ Seconded By: ________________ THAT the Council Staff Relations Policy be reviewed in April 2020. 16.2 Councillor Rosehart - Manager of Recreation Programs & Services Position Proposed Resolution #16 Moved By: ________________ Seconded By: ________________ THAT the Manager of Recreation Programs & Services position be reviewed and not be filled at this time. 16.3 Councillor Rosehart - Facility Attendant Position Proposed Resolution #17 Moved By: ________________ Seconded By: ________________ THAT the Facility Attendant position be reviewed and not be filled at this time. 17.Resolutions/Resolutions Resulting from Closed Session 18.By-Laws 18.1 By-Law 4271, To Amend Zoning By-Law 3295 (ZN 7-18-12) 18.2 By-Law 4272, To Amend Zoning By-Law 3295 (ZN 7-18-01) 18.3 By-Law 4279, To Amend Zoning By-Law 3295 (ZN 7-18-14) Proposed Resolution #18 Page 5 of 123 Moved By: ________________ Seconded By: ________________ THAT By-Law 4271, To Amend Zoning By-Law 3295 (ZN 7-18-12) By-Law 4272, To Amend Zoning By-Law 3295 (ZN 7-18-01, Vermeersch); and By-Law 4279, To Amend Zoning By-Law 3295 (ZN 7-18-14, St. Paul's United Church), 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.Confirm Proceedings By-law Proposed Resolution #19 Moved By: ________________ Seconded By: ________________ THAT By-Law 4280, to Confirm the Proceedings of the Council Meeting held on March 11, 2019, 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. 20.Items of Public Interest 21.Adjournment Proposed Resolution #20 Moved By: ________________ Seconded By: ________________ THAT the Council Meeting of Monday, March 11, 2019 be adjourned at ______ p.m. Page 6 of 123 1 MINUTES Thursday, February 28, 2019 6:00 PM Council Chambers 200 Broadway, 2nd Floor ATTENDANCE: Mayor Molnar Deputy Mayor Beres Councillor Esseltine Councillor Gilvesy Councillor Luciani Councillor Parker Councillor Rosehart 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 Amelia Jaggard, Legislative Services Coordinator Regrets: Jeff Smith, Fire Chief _____________________________________________________________________ 1. Call to Order The meeting was called to order at 6:00 p.m. 2. Closed Session 3. Adoption of Agenda Resolution # 1 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Agenda as prepared for the Council meeting of Thursday, February 28, 2019 be adopted. Page 7 of 123 2 Carried 4. Moment of Silence 5. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interest were declared. 6. Adoption of Council Minutes of Previous Meeting Resolution # 2 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Minutes of the Council meeting held on February 11, 2019 and the Council Budget meeting held on February 19, 2019 be approved. Carried 7. Presentations 8. Public Meetings 9. Planning Applications 10. Delegations 10.1 Town of Tillsonburg Concert Series Mr. Carruthers notified the Clerk's Office that he was unable to attend the meeting. 11. Deputation(s) on Committee Reports 12. Information Items 12.1 Correspondence - Ministry of Municipal Affairs and Housing Resolution # 4 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receives the correspondence from the Ministry of Municipal Affairs and Housing, as information. Carried Page 8 of 123 3 12.2 Correspondence - Ministry of Finance - OMPF Resolution # 5 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives the correspondence from the Ministry of Finance, as information. Carried 12.3 Correspondence - Ministry of Development, Job Creation and Trade Staff to provide this information to the Economic Development Advisory Committee. Resolution # 6 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives the correspondence from the Ministry of Development, Job Creation and Trade, as information. Carried 12.4 Regional Reform Report - Woodstock City Council Oxford CAO's will be meeting to discuss the regional governance review. The CAO will report back to Council prior to a report being submitted to County Council. Stakeholders will have an opportunity to provide input. Resolution # 7 Moved By: Councillor Luciani Seconded By: Councillor Esseltine THAT Council receives the report for Woodstock City Council regarding regional government review, as information; AND THAT Council direct the CAO to participate with Oxford County CAO's in discussions regarding the regional governance review; AND THAT this initiative be added to the 2019 Business Plans. Page 9 of 123 4 Carried 13. Staff Reports 13.1 Chief Administrative Officer 13.2 Clerk's Office 13.2.1 CLK 19-07 - Committees of Council Additional Appointments Resolution # 8 Moved By: Councillor Luciani Seconded By: Councillor Gilvesy THAT Council receives Report CLK 19-07, Committees of Council Additional Appointments; AND THAT By-Law 4276, to amend Schedule A of By-Law 4247, be brought forward for Council consideration. Carried 13.3 Development and Communication Services 13.4 Finance 13.4.1 FIN 19-04 - 2019 - Proposed Draft Budget Adjustments Opportunity was given for comments and questions from Council. Resolution #9 Moved by: Councillor Esseltine Seconded by: Councillor Parker THAT Council receives Report FIN 19-04 2019 Proposed Draft Budget Adjustments, as information. Carried. Motion Moved by: Councillor Givlesy Seconded by: Councillor Rosehart Page 10 of 123 5 WHEREAS in the 2019 Business Plan and Budget deliberations for the Town of Tillsonburg there have been 3 identifiable positions recommended for support in 2019; AND WHEREAS one of these positions (Financial Coordinator) is included in the Draft Budget as a Contract position, as amended; AND WHEREAS additional Full-Time Equivalent requests are included in the 2019 Draft Business Plan and Budget for a Health and Safety Coordinator and a Transportation Coordinator; BE IT RESOLVED that consistent with the Financial Coordinator position, that the Health and Safety contract position be extended as a contractual relationship and subject to further review in 2020 Business Plan and Budget deliberations; AND FURTHER that the Transportation Coordinator position be introduced as a contractual position and subject to further review in 2020 Business Plan and Budget deliberations. Carried. Motion Moved by: Councillor Gilvesy Seconded by: Councillor Rosehart THAT Item X53 PKS Trails Master Plan implementation be put on hold subject to a report from staff with regards to maintenance costs and policing requirements and capabilities. Carried. Council passed the sidewalk connectivity program in 2018. The amount designated to the sidewalk connectivity program in the proposed 2019 budget would create approximately 150 meters of new sidewalk. Staff to report to Council regarding the accomplishments on the program in 2019. Motion Page 11 of 123 6 Moved by: Councillor Gilvesy Seconded by: Councillor Rosehart THAT Item X-15 Sidewalk Connectivity Program be removed from the 2019 Budget and that the funds remain in asset management reserve. Defeated. Motion Moved by: Councillor Gilvesy Seconded by: Councillor Parker THAT Staff move forward with fire code compliance at the Station Arts Centre, Option 2 in the amount of $170, 136 with an estimated time of completion by July 1, 2019; AND defer X-91 - the roof repair subject to staff report; AND THAT a course be set to fundraise to address the other concerns contained in the report; AND THAT any money remaining be replaced in asset management reserves. Carried. Motion Moved by: Councillor Rosehart Seconded by: Councillor Gilvesy THAT the Volunteer Appreciation Event be held once during the final year of the Term of Council. AND THAT the $5,000 designated for this event in the 2019 budget be removed. Defeated. 13.4.2 FIN 19-05 - 2019 - Final Budget and Departmental Business Plans Page 12 of 123 7 Senior Leadership Team will bring forward a report regarding the 2019 Business Plan and Budget deliberation process. Council members to send their comments/recommendations to the Director of Finance. Staff to provide public notice regarding the approved 2019 Budget and Business Plans. Resolution # 10 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council receives report FIN 19-05 2019 Final Budget and Departmental Business Plans; AND THAT the 2019 Budget in the amount of $15,718,000 from taxation be adopted; AND FURTHER THAT a by-law be brought forward setting the 2019 Property Tax Rates. Carried 13.5 Fire and Emergency Services 13.6 Operations 13.6.1 OPS 19-03 - Results for Tender RFT 2019-003 Single Axle Cab and Chassis Resolution # 11 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council receives Report OPS 19-03, Results for Tender RFT 2019-003 Single Axle Cab and Chassis; AND THAT Council award Tender RFT 2019-003 to TEAM Truck Centers of Woodstock, ON at a cost of $120,382.08 (net HST included), the lowest bid received. Carried 13.7 Recreation, Culture & Park Services 13.7.1 RCP 19-10 - Update to the Municipal Alcohol Policy Page 13 of 123 8 Resolution # 12 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council receives Report RCP 19-10, Update to the Municipal Alcohol Policy; AND THAT Council approves the updated Municipal Alcohol Policy; AND THAT a by-law be brought forward for consideration. Carried 14. New Business 15. Consideration of Committee Minutes 15.1 Committee Minutes Resolution # 13 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives the Economic Development Advisory Committee Minutes dated January 8, 2019 and February 12, 2019, the Cultural, Heritage and Special Awards Advisory Committee Minutes dated February 5, 2019, the Parks, Beautification and Cemetery Advisory Committee Minutes dated February 7, 2019, the Accessibility Advisory Committee Minutes dated February 13, 2019, and the Tillsonburg Transit Advisory Committee Minutes dated February 14, 2019, as information. Carried 15.2 Long Point Region Conservation Authority Board Minutes Resolution # 14 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council receives the Long Point Region Conservation Authority Board Minutes dated January 9, 2019, as information. Carried 16. Motions/Notice of Motions Page 14 of 123 9 Moved by: Councillor Gilvesy THAT the Council Staff Relations Policy be reviewed in April 2020. 17. Resolutions/Resolutions Resulting from Closed Session 18. By-Laws 18.1 By-Law 4266, To Adopt a Municipal Alcohol Policy (M.A.P.) 18.2 By-Law 4274, To Adopt a Council-Staff Relations Policy 18.3 By-Law 4275, To Adopt a Pregnancy and Parental Leave for Members of Council Policy 18.4 By-Law 4276, To Amend Schedule A of By-Law 4247 Resolution # 15 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT By-Law 4266, To Adopt a Municipal Alcohol Policy (M.A.P.); and By-Law 4274, To Adopt a Council-Staff Relations Policy; and By-Law 4275, To Adopt a Pregnancy and Parental Leave for Members of Council Policy; and By-Law 4276, To Amend Schedule A of By-Law 4247, 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. Carried 19. Confirm Proceedings By-law Resolution # 16 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT By-Law 4277, to Confirm the Proceedings of the Council meeting held on February 28, 2019, 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. Carried Page 15 of 123 10 20. Items of Public Interest 21. Adjournment Resolution # 17 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Council Meeting of Thursday, February 28, 2019, be adjourned at 7:40 p.m. Carried Page 16 of 123 Community Planning P. O. Box 1614, 21 Reeve Street Woodstock Ontario N4S 7Y3 Phone: 519-539-9800 Fax: 519-421-4712 Web site: www.oxfordcounty.ca Our File: A01-19 APPLICATION FOR MINOR VARIANCE TO: Town of Tillsonburg Committee of Adjustment MEETING: March 11, 2019 REPORT NUMBER: 2019-59 OWNER: Simon Wagler Homes RR#4 Aylmer ON, N5H 2R3 REQUESTED VARIANCE: 1. Relief from Section 6.2, Lot Coverage, to increase the maximum permitted lot coverage from 36.7% to 38%. LOCATION: The subject property is described as Lot 143, Plan 41M-145 in the Town of Tillsonburg. The property is located on the east side of Morning Glory Drive, lying between Crocus Avenue and Trillium Drive and is municipally known as 24 Morning Glory Drive. BACKGROUND INFORMATION: COUNTY OF OXFORD 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: Low Density Residential Type 1 Zone (R1) SURROUNDING USES: Low density residential uses, consisting of single detached dwellings. Page 17 of 123 File Number: A01-19 Report Number 2019-59 Page 2 COMMENTS: (a) Purpose of the Application: The applicant is requesting relief from the above-noted provision of the Town Zoning By-law to facilitate the construction of single detached dwelling. Due to the design of the proposed dwelling, being narrow and deep, relief from the Zoning By-Law is required. The subject lands were granted a minor variance in December of 2018 to allow for a reduction for the rear year depth requirement from 12 m (39.3 ft) to 10.3 m (33.9 ft) and an increase to lot coverage from 33% to 36.7%. The applicant has since recognized that an increase to 38% coverage is necessary to facilitate the design of the dwelling on the subject lands and has requested this variance post development to secure the necessary permits from the Town Building Department. The subject property comprises approximately 629 m2 (6,770.5 ft2) of area, with approximately 17 m (55.7 ft) of frontage on Morning Glory Drive and contains a single detached dwelling (under construction), for which an occupancy permit has not been issued by the Building Department. Approval of the requested variance is required prior to the issuance of this permit, as indicated by the Town Chief Building Official. Plate 1, Location Map with Existing Zoning and Parcel Lines, shows the location of the subject property and the zoning in the immediate vicinity. Plate 2, 2015 Aerial Photo, shows the location of the subject lands and surrounding properties. Plate 3, Applicant’s Sketch, shows the dimensions and setbacks of the proposed single detached dwelling. (b) Agency Comments: The application was circulated to a number of public agencies. The Building Department has commented that they have no concerns with the requested variance, but that approval is required prior to the granting of occupancy for the dwelling. (c) Public Consultation: Public Notice was mailed to surrounding property owners on March 1, 2019. As of the writing of this report, no comments or concerns had been received from the public. (d) Intent and Purpose of the Official Plan: The subject lands are designated ‘Low Density Residential’ according to the Official Plan. Within the ‘Low Density Residential’ designation, permitted land uses primarily consist of low density housing forms including single detached dwellings, duplexes and street fronting town houses as well as accessory uses thereto. The use of the lands for a single detached dwelling conforms to the ‘Low Density Residential’ policies of the Official Plan. (e) Intent and Purpose of the Zoning By-law: The subject property is zoned ‘Low Density Residential Type 1 Zone (R1)’, which permits a single detached dwelling. The ‘R1’ zone also permits a maximum total lot coverage (including accessory Page 18 of 123 File Number: A01-19 Report Number 2019-59 Page 3 buildings/structures) of 33% and a minimum rear yard depth of 12 m (39.3 ft). In this instance, an approved minor variance has increased the maximum lot coverage to 36.7% and minimum rear yard depth to 10.3 m (33.9 ft). 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 area as well as ensuring the general lot grading for the overall subdivision and the individual lot are not negatively impacted. The lot coverage provisions also intended to ensure that the general scale of development is consistent and appropriate for the size of the lot. No detached accessory structures were included on the applicant’s sketch. An accessory structure less than 10 m2 (108 ft2) could be excluded from the overall calculation of lot coverage as per the Zoning By-law and would be permitted. In this case, it is not anticipated that the minor increase in lot coverage will have a negative impact on lot grading or drainage. A preliminary lot grading plan will be reviewed as part of the building permit process to ensure the proposal will have no negative impacts on neighbouring properties. (f) Desirable Development/Use: It is the opinion of this Office that the applicant’s request can be considered minor and desirable for the development of the subject property. As the proposed relief is not anticipated to impact the ability of the property to provide adequate parking and amenity space, or negatively impact drainage, the requested relief can be considered minor. Sufficient separation width will also be provided from property lines to allow for normal building maintenance and access. The applicant’s request can also be considered desirable as it will facilitate the construction of a single detached dwelling that is consistent with the existing development in the area. In light of the foregoing, it is the opinion of this Office that the requested relief is in keeping with the general intent and purpose of the Official Plan and Town Zoning By-law and should be given favourable consideration. Page 19 of 123 File Number: A01-19 Report Number 2019-59 Page 4 RECOMMENDATION: That the Town of Tillsonburg Committee of Adjustment approve Application File A01-19, submitted by Simon Wagler Homes, for lands described as Lot 143, Plan 41M-145, Town of Tillsonburg, as it relates to: 1. Relief from Section 6.2, Table 6.2 – Zone Provisions, to increase the maximum permitted lot coverage of an ‘R1’ zoned lot from 36.7% to 38% of the lot area; As the proposed variance is: (i) a minor variance from the provisions of the Town of Tillsonburg Zoning By-law No. 3295; (ii) desirable for the appropriate development or use of the land; (iii) in-keeping with the general intent and purpose of the Town of Tillsonburg Zoning By-law No. 3295; and (iv) in-keeping with the general intent and purpose of the Official Plan. Authored by: Heather St. Clair, MCIP, RPP, Development Planner Approved for submission by: Eric Gilbert, MCIP, RPP, Senior Planner Page 20 of 123 File Number: A01-19 Report Number 2019-59 Page 5 Report Approval Details Document Title: A01-19_rpt.docx Attachments: - Report Attachments.pdf - a01-19t_appl-20190131.pdf Final Approval Date: Feb 28, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - Feb 28, 2019 - 2:36 PM Page 21 of 123 September 13, 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 1490 Notes NAD_1983_UTM_Zone_17N 75 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 and Parcel Lines File No.: A01-19, Simon Wagler Homes Lot 143, Plan 41M-145, 24 Morning Glory Drive, Tillsonburg Subject Property Page 22 of 123 October 24, 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) Subject Property Plate 2: 2015 Aerial Photo File No.: A01+-19, Simon Wagler Homes Lot 143, Plan 41M-145, 24 Morning Glory Drive, Tillsonburg Morning Glory Drive Page 23 of 123 Plate 3: Applicant's Sketch File No.: A01-19, Simon Wagler Homes Lot 143, Plan 41M-145, 24 Morning Glory Drive, Tillsonburg Page 24 of 123 Page 25 of 123 Page 26 of 123 Page 27 of 123 Page 28 of 123 Page 1 of 8 Report No: CP 2019-63 COMMUNITY PLANNING Council Date: March 11, 2019 To: Mayor and Members of Tillsonburg Council From: Heather St. Clair, Development Planner, Community Planning Application for Zone Change ZN 7-18-14 – St. Paul’s United Church Tillsonburg, A Congregation of the United Church of Canada REPORT HIGHLIGHTS The application for zone change proposes to rezone a portion of the subject lands from ‘Central Commercial Zone (CC)’ to ‘Special Central Commercial Zone (CC-sp)’ to permit a single detached dwelling on the subject lands. Specifically, the applicant is proposing to revert the former church manse (which was converted to a restaurant in 2002), to a single detached dwelling. St. Paul’s United Church is also located on the subject lands, and an application for consent has been received to sever this building from the church property. Planning staff are supportive of the proposal, as it is generally consistent with the policy direction of the Provincial Policy Statement and County Official Plan respecting the provision of a range of uses in the Central Area. DISCUSSION Background OWNER: St. Paul’s United Church, Tillsonburg A Congregation of the United Church of Canada 88 Bidwell Street, Tillsonburg ON, N4G 3V2 APPLICANT: David Morris, Trustee 20 Devon Court, Tillsonburg ON, N4G 4K5 AGENT: Brad Bennett 36 Broadway, Tillsonburg ON, N4G 3P1 LOCATION: The subject property is described as Lots 888-890, Plan 500, Town of Tillsonburg. The lands are located on the northeast corner of Ridout Street West and Bidwell Street and are municipally known as 38 Ridout Street in the Town of Tillsonburg. Page 29 of 123 Report No: CP 2019-63 COMMUNITY PLANNING Council Date: March 11, 2019 Page 2 of 8 COUNTY OF OXFORD OFFICIAL PLAN: Schedule “T-1” Town of Tillsonburg Land Use Plan Central Business District TOWN OF TILLSONBURG ZONING BY-LAW NO.3295: Existing Zoning: Central Commercial Zone (CC) Proposed Zoning: Special Central Commercial Zone (CC-sp) PROPOSAL: The applicant is proposing to rezone a portion of the subject lands from ‘Central Commercial Zone (CC)’ to ‘Special Central Commercial Zone (CC-sp)’ to allow for the conversion of an existing restaurant back into a single detached dwelling. The building on the subject lands was originally constructed as a single detached dwelling (the manse associated with the adjacent United Church), and was constructed in approximately 1890. The conversion of the manse into a commercial building (recently known as The Cup and Cake restaurant) occurred in 2002. The applicant is now requesting an amendment to the ‘CC’ zoning to permit the conversion of the structure back to a single detached dwelling. The subject property is approximately 3,200 m2 (34,445.6 ft2) in area, with approximately 51 m (167.3 ft) of frontage on Ridout Street West. The subject lands contain St. Paul’s United Church as well as the former manse, which has been converted to a commercial building. The applicant has also submitted an application for consent to sever the existing commercial building from the church. The former manse is designated under the Ontario Heritage Act as a building with historical significance. The historical significance of the building, as per the designation is described as “this two and a half storey house was built in 1870 as the manse for the adjacent United Church. The front façade presents an interesting combination of features with its delicate gingerbread in the gable, small dentil trim under the eaves, and rough stone window surrounds.” The subject lands are located at the northeast corner of Bidwell Street and Ridout Street and surrounding land uses are predominately central commercial type uses to the east, with a variety of office, residential and institutional uses to the north, south and west. Plate 1, Location Map with Existing Zoning, shows the location of the subject property and the existing zoning in the immediate vicinity. Plate 1 also identifies the existing configuration of the property and the area which is proposed for severance. Plate 2, Close-up of Subject Lands (2015 Air Photo), provides an aerial view of the subject property. Plate 3, Applicant’s Sketch, provides a site plan of the subject lands, as submitted by the applicant. Page 30 of 123 Report No: CP 2019-63 COMMUNITY PLANNING Council Date: March 11, 2019 Page 3 of 8 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. The PPS states that the vitality of settlement areas is critical to the long-term economic prosperity of our communities and that it is in the interest of all communities to use land and resources wisely to promote efficient development patterns and ensure effective use of infrastructure and public service facilities. Planning authorities shall plan for, protect and preserve employment areas for current and future uses and ensure that the necessary infrastructure is provided to support current and projected needs. Planning authorities may also permit conversion of lands within employment areas to non- employment lands uses through a comprehensive review, only where it has been demonstrated that the land is not required for employment purposes over the long term and that there is a need for the conversion. Planning authorities shall also protect employment lands in proximity to major corridors. 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. 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 and avoid the need for their unjustified and/or uneconomical expansion. Land use patterns shall also accommodate a range of uses and opportunities for intensification and redevelopment. 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 and appropriate development standards should be promoted which facilitate intensification, redevelopment and compact urban form. Planning authorities shall also provide for an appropriate range and mix of housing types and densities to meet projected needs of current and future residents of the regional market area by permitting and facilitating all forms of housing required to meet social, health and well-being requirements of residents and directing the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are available to support current and projected needs and by promoting densities for new housing which efficiently use land, resources, infrastructure and public service facilities and support the local active transportation and transit in the area. OFFICIAL PLAN: The subject lands are designated as Central Business District, according to the Land Use Plan for the Town of Tillsonburg, as contained in the County Official Plan. The Central Business District is located within the Central Area of the Town of Tillsonburg. Page 31 of 123 Report No: CP 2019-63 COMMUNITY PLANNING Council Date: March 11, 2019 Page 4 of 8 The Central Area of the Town is intended to be the most functionally diverse area of the Town that will serve as the primary business, cultural and administrative centre and includes complementary use sub-areas. This functional diversity will be pursued to promote stability and the health of the downtown area, especially in the Central Area. The policies for lands designated Central Business District are contained in Section 8.3.2.3.1 of the Official Plan. The boundaries of the Central Business District reflect the existing land use patterns associated with the historical pedestrian shopping area along Broadway, which is characterized by continuous, narrow street-oriented buildings. The Central Business District also includes the downtown shopping mall, and is intended to be the most intensive, functionally diverse business, cultural and administrative centre in the Town. Therefore, within the Central Business District, the full range of commercial, office, administrative, cultural, entertainment, recreation, institutional, open space and multiple residential uses are permitted and residential uses on levels above the grade level are permitted in non-residential buildings, together with rooming, boarding and lodging houses and converted dwellings. Restricted uses in the Central Business District include free standing residential development on lands having frontage on Broadway (bounded by Bridge Street and Baldwin/Oxford Streets), the conversion of existing buildings to free-standing medium density residential development within one block of Broadway and amusement arcades, adult entertainment parlours and commercial bingo parlours. Section 8.2 of the Official Plan outlines policies with respect to housing development and states that it is a strategic aim of Council to facilitate a choice of housing type, tenure and location that meets the changing needs of all types of households by providing for a variety and mix of housing throughout the Town. Town Council shall ensure that new housing is of a human scale and is sensitive to and improves the existing physical character of the area. Section 3.3.2.2 of the Official Plan provides that where historic sites, buildings and heritage conservation districts have been designated under the Ontario Heritage Act, the County Council and/or Area Councils may: promote the repair, refurbishment and maintenance of the existing structures through the administration of funding programs including those available under the Ontario Heritage Act for the preservation and enhancement of heritage resources; limit the range of uses permitted within heritage structures and not allow additions or alterations to structures which may detract from the architectural or historical value of the property; promote the redevelopment or recycling of designated historical buildings to uses compatible with the historical or architectural character of the building; provide for the preservation of historic sites and buildings by discouraging demolitions to the extent of its legislative authority. Where a demolition permit is granted, the recording of the property prior to demolition for historical or archival purposes shall be made a condition of the demolition permit; facilitate public involvement in the selection of historic sites and buildings and in the delineation of areas having historical importance or architectural merit, and require a Heritage Impact Assessment where a proposal to alter, demolish, or erect a structure on a property designated under the Ontario Heritage Act is made. Such assessment will outline the context of the proposal, any potential impacts the proposal may have on the heritage resource, and any mitigation measures required to avoid or lessen negative impact on the heritage resource. Page 32 of 123 Report No: CP 2019-63 COMMUNITY PLANNING Council Date: March 11, 2019 Page 5 of 8 Development of heritage resources, and of properties adjacent to heritage resources, should be consistent with the historical or architectural significance of the site, and/or the character of the existing area. To achieve such consistency, County Council and/or Area Councils may consider regulating the use, bulk, form, location, setbacks, and other matters of development by designating heritage sites and heritage conservation districts in the Official Plan or in the Zoning By-law. Area Councils may require site plan control for properties and areas subject to Heritage zoning. County Council and Area Councils shall have regard to the following factors when assessing development applications that may affect heritage resources. Any development shall satisfy the following: respect the massing, profile and character of adjacent heritage buildings; incorporate design features which approximate the width of nearby heritage buildings when constructing new buildings facing the street; emulate the established setback pattern on the street; be physically oriented in a manner similar to the orientation of existing heritage buildings to the street; minimize shadowing on adjacent heritage properties, particularly on landscaped open spaces and outdoor amenity areas; minimize the impact of parking facilities through rear-yard location and/or extensive landscaping and appropriate screening; minimize the loss of landscaped open space. TOWN OF TILLSONBURG ZONING BY-LAW: The subject property is currently zoned ‘Central Commercial Zone (CC)’ in the Town Zoning By- law. Permitted uses in the ‘CC’ zone include a wide range of commercial, cultural and business type uses, together with a number of residential uses, including a converted dwelling and an existing single detached dwelling, for which the zone provisions of Section 7.2 apply. Section 7.2 (Low Density Residential – Type 2 Zone) provides that single detached dwellings required a minimum lot area of 450 m2 (4,843.9 ft2), as well as a minimum lot frontage of 15 m (10.5 ft) for a corner lot, and a minimum lot depth of 30 m (98.4 ft). This section also provides that single detached dwellings require a minimum front yard depth and exterior side yard width of 7.5 m (24.6 ft) or 6 m (19.7 ft) for a lot created after the passing of the By-law. The applicant is proposing to allow for the conversion of a structure which was originally built as a single detached dwelling and converted to a restaurant in 2002, back into a single detached dwelling. The applicant has also submitted an application for consent to sever the former dwelling on the subject lands from the existing church. According to the site sketch provided by the applicant, the lot frontage and area will be in keeping the above-noted development standards of the By-law and a minor variance has been requested to reduce the required rear yard depth from 6 m (19.7 ft) to 4.56 m (14.9 ft). AGENCY COMMENTS: The application was circulated to various public agencies considered to have an interest in the proposal. Page 33 of 123 Report No: CP 2019-63 COMMUNITY PLANNING Council Date: March 11, 2019 Page 6 of 8 The Town Chief Building Official has commented that re-conversion of the existing restaurant, back to a single detached dwelling will require a change of use permit from their office, and that any future severance of the subject lands will be subject to Ontario Building Code spatial separation requirements and will require separate servicing. Any exterior changes will require approval from the Culture, Heritage and Special Awards Advisory Committee. The Tillsonburg District Chamber of Commerce has indicated that they are in support of the proposal. The Town of Tillsonburg Development Commissioner has commented they are not in support of the proposed change of use. The County of Oxford Public Works Department and Canada Post have indicated they have no concerns with the proposal. PUBLIC CONSULTATION: Notice of complete application and notice of public meeting regarding this application were circulated to surrounding property owners on January 15, 2019 and February 25, 2019. To date, no comments of concern have been received from the public. Planning Analysis The application for rezoning has been requested to permit the conversion of a former single detached dwelling (built as the manse for the adjacent United Church, which has since been converted to a restaurant) back into a single detached dwelling. The conversion of the dwelling into a restaurant occurred in approximately 2002 and now it is the intent of the applicant to sever the building from the United Church, and convert it back into a single detached dwelling (application B18-90-7). Planning staff are of the opinion that the proposal will promote a mix of land uses that will continue to utilize the existing infrastructure and public service facilities accessible in the downtown core, and as the conversion of the restaurant will result in the use of the subject lands being re- established for their originally intended use, the conversion can be justified. The subject lands are located on the periphery of the area designated as Central Business District in the Central Area, and as such are not characterized by the same continuous, narrow street- oriented buildings as those found on Broadway. Instead, the subject lands, which have historically been utilized as a single detached dwelling, are aesthetically residential in nature, and include an attached garage for private parking. Given this, minimal impact is anticipated on the integrity of the surrounding commercial land uses. The applicant has also submitted an application for consent to sever the former manse building from the adjacent United Church and has provided a preliminary site sketch outlining the proposed lot lines and setbacks, which appear to maintain the required lot area and frontage of the ‘Low Density Residential - Type 2 Zone (R2)’ in the Town Zoning By-law, which are the applicable development standards for existing single detached dwellings in the ‘Central Commercial Zone (CC)’. A minor variance has been requested to permit a reduction to the required rear yard depth from 6 m (19.7 ft) to 4.56 m (14.9 ft). Given that the structure on the subject lands was originally built as a single detached dwelling before the implementation of the Zoning By-law, staff are satisfied that the application of these provisions is appropriate in this instance. Further, it is noted Page 34 of 123 Report No: CP 2019-63 COMMUNITY PLANNING Council Date: March 11, 2019 Page 7 of 8 that the subject lands will remain in the ‘CC’ zoning, which will continue to allow for commercial type uses, should the opportunity arise in the future. Planning staff are of the opinion that the proposal is also consistent with the cultural heritage and heritage protection policies in the Official Plan as the proposed rezoning is not expected to impact the appearance or exterior design of the existing building, which is designated under the Ontario Heritage Act. Any future changes to the appearance or exterior of the building would require approval from the Town’s Culture, Heritage and Special Awards Advisory Committee. In summary, given that the structure on the subject lands was originally intended for low density residential use and the exterior of the building has not been significantly altered with the conversion to a restaurant in 2002, Planning staff are of the opinion that the proposed re- conversion back to a single detached dwelling is acceptable, in this instance, as it will have minimal impact on the nature and characteristic of the central business area and can be supported from a planning perspective. RECOMMENDATION 1. It is recommended that the Council of the Town of Tillsonburg approve the zone change application submitted by St. Paul’s United Church, whereby the lands described as Lots 888-890, Plan 500, Town of Tillsonburg, known municipally as 38 Ridout Street are to be rezoned from ‘Central Commercial Zone (CC)’ to ‘Special Central Commercial Zone (CC-sp)’ to permit a single detached dwelling in an existing building. SIGNATURES Authored by: Heather St. Clair, MCIP RPP, Development Planner Approved for submission: Eric Gilbert, MCIP, RPP Senior Planner Page 35 of 123 Report No: CP 2019-63 COMMUNITY PLANNING Council Date: March 11, 2019 Page 8 of 8 Report Approval Details Document Title: ZN 7-18-14_ StPauls_Rpt.docx Attachments: - Report attachments.pdf - 7-18-14_appl-20181228.pdf Final Approval Date: Mar 4, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - Mar 4, 2019 - 10:23 AM Page 36 of 123 September 13, 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 1490 Notes NAD_1983_UTM_Zone_17N 75 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 and Parcel Lines File No.: A01-19, Simon Wagler Homes Lot 143, Plan 41M-145, 24 Morning Glory Drive, Tillsonburg Subject Property Page 37 of 123 October 24, 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) Subject Property Plate 2: 2015 Aerial Photo File No.: A01+-19, Simon Wagler Homes Lot 143, Plan 41M-145, 24 Morning Glory Drive, Tillsonburg Morning Glory Drive Page 38 of 123 Plate 3: Applicant's Sketch File No.: A01-19, Simon Wagler Homes Lot 143, Plan 41M-145, 24 Morning Glory Drive, Tillsonburg Page 39 of 123 ZN 7-18-14 Dec. 28/18 Dec. 28/18 000320050 Page 40 of 123 Page 41 of 123 Page 42 of 123 Page 43 of 123 Page 1 of 9 Report No: CP 2019-56 COMMUNITY PLANNING Council Date: March 11, 2019 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community Planning Application for Zone Change ZN 7-18-01 – Greg Vermeersch REPORT HIGHLIGHTS The application for zone change proposes to rezone the subject property to ‘Special Low Density Residential Type 3 Zone (R3-sp)’ to facilitate an addition to an existing single detached dwelling, consisting of two additional dwelling units. The new multi-unit dwelling will comply with the current provisions of the R3 zone with the exception of required interior side yard width and minimum required lot frontage. Planning staff are recommending approval of the application as it is consistent with the policies of the Provincial Policy Statement respecting the provision of a range and mix of housing types and densities, and maintains the intent and purpose of the Official Plan respecting low density residential uses. DISCUSSION Background OWNER/ APPLICANT: Greg Vermeersch 500 Broadway, Tillsonburg ON N4G 3S7 LOCATION: The subject property is described as Part Lot 85, Lot 86, Plan 500, Parts 3 of 41R-1779, Town of Tillsonburg. The lands are located on the east side of Broadway, south of Devonshire Avenue, and are municipally known as 500 Broadway. COUNTY OF OXFORD OFFICIAL PLAN: Schedule “T-1” Town of Tillsonburg Land Use Plan Residential Schedule “T-2” Town of Tillsonburg Residential Density Plan Low Density Residential Page 44 of 123 Report No: CP 2019-56 COMMUNITY PLANNING Council Date: March 11, 2019 Page 2 of 9 TOWN OF TILLSONBURG ZONING BY-LAW NO.3295: Existing Zoning: Low Density Residential Type 1 Zone (R1) Proposed Zoning: Special Low Density Residential Type 3 Zone (R3-sp) PROPOSAL: The purpose of the Application for Zone Change is to permit the development a three-unit dwelling which will be facilitated by way of an addition to an existing single detached dwelling. This application was deferred at the April 9, 2018 Council meeting after Council held a public meeting to consider the application. The application was deferred to give the applicant an opportunity to provide additional details about the proposal, particularly the location of the proposed addition and the location of required parking areas. The applicant has provided a sketch prepared by an Ontario Land Surveyor that illustrates the proposed location of the addition and the setbacks to lot lines; the proposal has not changed otherwise. The subject lands front on the east side of Broadway, between Devonshire Avenue and Lisgar Avenue, and have an approximate area of 1045 m2 (11,248 ft2). The lands are currently occupied by an existing single detached dwelling (circ. 1945) with an approximate gross floor area of 127 m2 (1,367 ft2). A detached garage is also present but it proposed to be removed and a demolition permit has been issued by the Town Building Department. Surrounding land uses include single detached dwellings fronting on Broadway and Devonshire, with service commercial uses located to the north and medium density residential uses to the south. Two additional dwelling units (2 bedroom) are proposed to be constructed by way of an addition to the rear of the existing single detached dwelling. The gross floor area for these units are 98.4 m2 (1,059 ft2) and 105.3 m2 (1,133 ft2) respectively. Plate 1, Location Map with Existing 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, Proposed Site Plan, shows the proposed layout for the addition and multi-unit dwelling. Plate 4, Proposed Survey Sketch, shows the proposed location for the addition and multi-unit dwelling. 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, Page 45 of 123 Report No: CP 2019-56 COMMUNITY PLANNING Council Date: March 11, 2019 Page 3 of 9 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. 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. The policies also encourage a variety of housing type, tenure, cost and location that meets the changing needs of all types of households. 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 the development of a variety of housing forms in newly developing areas and by permitting sensitive infilling and accessory apartments in built-up areas. The policies of Section 8.2.2.5 (RESIDENTIAL INTENSIFICATION AND REDEVELOPMENT) provides that residential intensification is permitted in appropriate locations within the Residential and Central Areas of the Town, subject to complying with the policies of the associated land use designations pertaining to the density, form and scale of residential development being proposed. It is not intended that residential intensification will occur uniformly through the Town. The location, form, and intensity of residential intensification will be determined by the policies of the various land use designations, with the intention of permitting smaller scale developments, such as individual infill lots, in areas designated as Low Density Residential. In Low Density Residential areas, backyard infill may involve the development of existing lots of record, subject to the following criteria: Page 46 of 123 Report No: CP 2019-56 COMMUNITY PLANNING Council Date: March 11, 2019 Page 4 of 9 The nature of the proposed residential development will be evaluated having regard to the type of housing found in the surrounding residential neighbourhood; For proposals involving more than two dwelling units, the exterior design in terms of height, bulk, scale and layout of the proposed building is consistent with present land uses in the area; The siting of both buildings and parking areas in relation to the size, configuration and topography of the lot is such that effect on light, view and privacy of adjacent backyards is minimal; Direct vehicular access to a public street will be required and driveways will have sufficient width to allow efficient vehicular use and turning of both private and emergency vehicles and to provide for snow storage; Proposed multiple unit use is consistent with the multiple unit requirements for Low Density Residential areas; The location of vehicular access points, the likely impact of traffic generated by the proposal on Town streets, pedestrian safety, and surrounding properties is acceptable; Existing municipal services and public facilities will be adequate to accommodate the proposed infill project; Stormwater runoff 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; 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 Town Zoning By-Law and other municipal By-Laws. Backyard infill proposals may be subject to site plan control. 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 proposes to rezone the subject property to ‘Special Low Density Residential Type 3 Zone (R3-sp)’. The R3 zone permits a converted dwelling containing not more than 4 dwelling units, an existing single detached, a semi-detached or duplex dwelling, a multiple unit dwelling containing not more than 4 dwelling units, and a street fronting townhouse dwelling. A multiple unit dwelling is defined in the Zoning By-Law as a dwelling consisting of 3 or more dwelling units, which are horizontally or vertically attached, which may be entered from an independent entrance directly from the outside or from an internal common space or an access balcony and in which 50% or more of dwelling units have direct access to grade or a roof terrace. A multiple unit dwelling includes a triplex, a fourplex, a sixplex and a townhouse, but shall not include a street fronting townhouse or apartment dwelling. The R3 Zone requires a minimum lot area of 330 m2 (3,552 ft2) per dwelling unit, lot frontage of 20 m (65.5 ft), lot depth of 30 m (98.4 ft), rear yard depth of 10.5 m (34.4 ft), and interior side yard Page 47 of 123 Report No: CP 2019-56 COMMUNITY PLANNING Council Date: March 11, 2019 Page 5 of 9 of 4.5 m (14.8 ft) on one side and 3 m (9.8 ft) on the narrow side. Maximum lot coverage is 40% of lot area, and required amenity area is 48 m2 (516.7 ft2) per dwelling unit. Each dwelling unit requires 1.5 parking spaces, and parking areas are permitted in the rear yard. The applicant has indicated that they are able to comply with the required lot area, rear yard depth, parking requirements, and all building setbacks, but require relief of the minimum lot frontage, minimum required interior side yard width (northerly lot line), and minimum aisle width for parking areas.. The applicant is proposing to recognize the existing lot frontage of 18.28 m (60’) and permit the proposed addition at the same setback as the existing dwelling, being 2.15 m (7’). The applicant has proposed a minimum aisle width of 6.5 m (21.3’) in lieu of the required 7.3 m (24’). It should be noted that the proposed addition (if constructed as a single detached dwelling) could be constructed as of right without any planning approvals. The proposal would meet all required setbacks and provisions of the R1 Zone. AGENCY COMMENTS: The application was circulated to various public agencies considered to have an interest in the proposal. The Long Point Region Conservation Authority indicated they had no comment or concern with the application. The Oxford County Public Works Department provided the following comments: The Applicant should be advised that the County’s policy is one water service & one water meter (for billing purposes) per property; therefore, private plumbing should be extended from the existing home to these 2 proposed attached units (which is likely already the Owner’s plan). If upsizing of services is required (as deemed by the Owner), the Owner shall formally apply for such through the Town. Associated costs for upsizing would be the responsibility of the owner. The Oxford County Risk Management Official (Sourcewater Protection) provided the following comment: The subject property is located in a Wellhead Protection Area for one of the Tillsonburg municipal supply wells. As such, the property is subject to the Source Protection Policies of the Long Point Region Source Protection Plan. Vulnerability scoring on the property is 10 and significant threat policies apply. In particular it should be noted that the installation of a below grade fuel storage tank (home heating oil) is prohibited. Further questions regarding the source protection policies should be directed to the County’s Risk Management Official at: sourcewaterprotection@oxfordcounty.ca The Town Building Services Department provided the following comments: existing residence will need to comply with OBC window requirements if deficient due to the addition at the rear; designer to provide spatial separation information for the north property line setback; water and sanitary sewer servicing sizes to be verified; project is subject to site plan control; Page 48 of 123 Report No: CP 2019-56 COMMUNITY PLANNING Council Date: March 11, 2019 Page 6 of 9 development charges are applicable to new units. The Town Economic Development Commissioner indicated that they have no concerns with this application and note that the new residential units will provide additional apartments to a market that has low vacancy. Town Engineering Department indicated that they have no concerns with the rezoning. Concerns such as lot grading, aisle widths and servicing can be addressed through the site plan approval process. The Tillsonburg District Chamber of Commerce provided the following comment: There are a lot of multi-unit dwellings in the area, so this seems to fit, however current neighbours may not like this. Parking issues should be considered, and there may be increased possibility of garbage being left in ravine area. PUBLIC CONSULTATION: Notice of complete application and notice of public meeting regarding this application was circulated to surrounding property owners on two occasions, February 28, 2018 & March 23, 2018. A subsequent public notice was circulated to surrounding property owners on February 24, 2019, and was sent to persons who provided comments at the public meeting on April 9, 2018. A petition was received at the April 9, 2018 Public meeting signed by 11 people who were opposed to the proposal; the petition did not identify particular concerns with the application. A neighbouring resident who resides at 504 Broadway spoke at the public meeting in opposition to the proposal, particularly the location of the addition and the possible impacts to the privacy of adjacent properties. 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 PPS direction to provide for an appropriate diversity of housing types and densities to meet the needs of current and future residents. If approved, the multiple unit dwelling will provide an additional housing option and tenure and will provide increased rental supply in the Town and represents an efficient use of existing municipal infrastructure. The proposal is consistent with the policy direction of the Official Plan to provide for variety and choice in housing types and tenures within the Town, and to permit residential intensification throughout the Town. The most recent Canada Mortgage and Housing Corporation Vacancy Report (fall 2018) indicated that the vacancy rate for 2 bedroom rental accommodation in Tillsonburg is 1.1%, the vacancy rate for 1 bedroom rental accommodation is 2%. It is the opinion of Planning staff that the proposal conforms to the backyard infill policies of the Official Plan. The multiple unit dwelling will remain a low rise residential use and will be of an appropriate scale and building form compatible with surrounding development. The addition will be to the rear of the existing dwelling and the lot is sufficiently deep that even with the addition, Page 49 of 123 Report No: CP 2019-56 COMMUNITY PLANNING Council Date: March 11, 2019 Page 7 of 9 the required rear yard depth will be maintained. The addition will include attached garages to accommodate one parking space per unit, with additional spaces proposed in the rear yard. The profile and orientation of the addition, west-east is not expected to create any impact on adjacent properties with respect to light or view. The property boundary will be required to be fenced with a privacy fence to prevent light trespass. It is important to note that the proposed addition, if constructed as part of a single detached dwelling, could be constructed without any planning approvals as-of-right. A 2-storey addition as proposed could be constructed in the same location and would meet the R1 zone provisions. The two additional dwelling units are not expected to generate any additional impacts to privacy, light and view to surrounding properties that could be expected if the proposal was for a single detached dwelling. The access to the dwelling will be provided by an enlarged driveway and aisle adjacent to the southerly interior lot line. The minimal traffic generated by this development is not expected to have any impact on surrounding transportation networks, and any lot grading or drainage concerns will be addressed through the site plan approval process. All required parking will be provided on-site, and no site alteration or development is proposed near the ravine lands at the rear of the lot, which will remain as part of the amenity area. The proposed reduced minimum interior side yard width represents an extension of the current setback for the existing single detached dwelling; the proposed reduction can be considered minor and will still allow for adequate space for maintenance and can accommodate any required drainage swales. The reduced parking aisle width is not expected to generate any parking conflicts as they will be used as a private driveway for the 5 parking spaces on the subject lands and sufficient space will remain for exiting and turning movements to access the private garages. Through the site plan approval process, concerns regarding lot grading and drainage, privacy, landscaping, building design, and parking and aisle width will be required to be addressed to the satisfaction of the Town. It is Planning staff’s opinion that the proposed addition to create two additional dwelling is appropriate from a planning perspective and can be given favourable consideration. Page 50 of 123 Report No: CP 2019-56 COMMUNITY PLANNING Council Date: March 11, 2019 Page 8 of 9 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 Part Lot 85, Lot 86, Plan 500, Parts 3 of 41R-1779, Town of Tillsonburg, known municipally as 500 Broadway are to be rezoned from ‘Low Density Residential Type 1 Zone (R1)’ to ‘Special Low Density Residential Type 3 Zone (R3-15)’ to permit the development of a multi-unit dwelling, consisting of 3 dwelling units. SIGNATURES Authored by: original signed by Eric Gilbert, MCIP RPP, Senior Planner Approved for submission: original signed by Gordon K. Hough, RPP Director Page 51 of 123 Report No: CP 2019-56 COMMUNITY PLANNING Council Date: March 11, 2019 Page 9 of 9 Report Approval Details Document Title: ZN 7-18-01_supplementary_ Report.docx Attachments: - Report Attachments.pdf Final Approval Date: Feb 20, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - Feb 20, 2019 - 6:22 PM Page 52 of 123 February 27, 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 Road Labels 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) Subject Lands Plate 1: Location Map with Existing Zoning File No: ZN 7-18-01- Vermeersch Part Lot 85, Lot 86, Plan 500, Part 3 of 41R-1779, Town of Tillsonburg- 500 Broadway Page 53 of 123 February 27, 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 360 Notes NAD_1983_UTM_Zone_17N 18 Meters Road Labels 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: 2015 Aerial Map File No: ZN 7-18-01- Vermeersch Part Lot 85, Lot 86, Plan 500, Part 3 of 41R-1779, Town of Tillsonburg- 500 Broadway Subject Lands Page 54 of 123 Plate 3: Proposed Site Plan File No: ZN 7-18-01- Vermeersch Part Lot 85, Lot 86, Plan 500, Part 3 of 41R-1779, Town of Tillsonburg- 500 Broadway Page 55 of 123 C:\OSOFT141\WAYNE\2018 Site Plans\18-14170sp.dwg, 2018-11-13 12:24:35 PM, DWG To PDF.pc3 Plate 3: Proposed Survey Sketch File No: ZN 7-18-01- Vermeersch Part Lot 85, Lot 86, Plan 500, Part 3 of 41R-1779, Town of Tillsonburg- 500 Broadway Page 56 of 123 Page 1 of 7 Report No: CP 2018-91 COMMUNITY PLANNING Council Date: April 9, 2018 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community Planning Application for Zone Change ZN 7-18-01 – Greg Vermeersch REPORT HIGHLIGHTS The application for zone change proposes to rezone the subject property to ‘Special Low Density Residential Type 3 Zone (R3-sp)’ to facilitate an addition to an existing single detached dwelling, consisting of two additional dwelling units. The new multi-unit dwelling will comply with the provisions of the R3 zone with the exception of required interior side yard width. Planning staff are recommending approval of the application as it is consistent with the policies of the Provincial Policy Statement respecting the provision of a range and mix of housing types and densities, and maintains the intent and purpose of the Official Plan respecting low density residential uses. DISCUSSION Background OWNER/ APPLICANT: Greg Vermeersch 500 Broadway, Tillsonburg ON N4G 3S7 LOCATION: The subject property is described as Part Lot 85, Lot 86, Plan 500, Parts 3 of 41R-1779, Town of Tillsonburg. The lands are located on the east side of Broadway, south of Devonshire Avenue, and are municipally known as 500 Broadway. COUNTY OF OXFORD OFFICIAL PLAN: Schedule “T-1” Town of Tillsonburg Land Use Plan Residential Schedule “T-2” Town of Tillsonburg Residential Density Plan Low Density Residential Page 57 of 123 Report No: CP 2018-91 COMMUNITY PLANNING Council Date: April 9, 2018 Page 2 of 7 TOWN OF TILLSONBURG ZONING BY-LAW NO.3295: Existing Zoning: Low Density Residential Type 1 Zone (R1) Proposed Zoning: Special Low Density Residential Type 3 Zone (R3-sp) PROPOSAL: The purpose of the Application for Zone Change is to permit the development a three-unit dwelling which will be facilitated by way of an addition to an existing single detached dwelling. The subject lands front on the east side of Broadway, between Devonshire Avenue and Lisgar Avenue, and have an approximate area of 1045 m2 (11,248 ft2). The lands are currently occupied by an existing single detached dwelling (circ. 1945) with an approximate gross floor area of 127 m2 (1,367 ft2). A detached garage is also present but it proposed to be removed. Surrounding land uses include single detached dwellings fronting on Broadway and Devonshire, with service commercial uses located to the north and medium density residential uses to the south. Two additional dwelling units (2 bedroom) are proposed to be constructed by way of an addition to the rear of the existing single detached dwelling. The gross floor area for these units are 98.4 m2 (1,059 ft2) and 105.3 m2 (1,133 ft2) respectively. Plate 1, Location Map with Existing 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, Proposed Site Plan, shows the proposed addition and multi-unit dwelling. 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. Page 58 of 123 Report No: CP 2018-91 COMMUNITY PLANNING Council Date: April 9, 2018 Page 3 of 7 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 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. The policies also encourage a variety of housing type, tenure, cost and location that meets the changing needs of all types of households. 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 the development of a variety of housing forms in newly developing areas and by permitting sensitive infilling and accessory apartments in built-up areas. The policies of Section 8.2.2.5 (RESIDENTIAL INTENSIFICATION AND REDEVELOPMENT) provides that residential intensification is permitted in appropriate locations within the Residential and Central Areas of the Town, subject to complying with the policies of the associated land use designations pertaining to the density, form and scale of residential development being proposed. It is not intended that residential intensification will occur uniformly through the Town. The location, form, and intensity of residential intensification will be determined by the policies of the various land use designations, with the intention of permitting smaller scale developments, such as individual infill lots, in areas designated as Low Density Residential. In Low Density Residential areas, backyard infill may involve the development of existing lots of record, subject to the following criteria: The nature of the proposed residential development will be evaluated having regard to the type of housing found in the surrounding residential neighbourhood; For proposals involving more than two dwelling units, the exterior design in terms of height, bulk, scale and layout of the proposed building is consistent with present land uses in the area; The siting of both buildings and parking areas in relation to the size, configuration and topography of the lot is such that effect on light, view and privacy of adjacent backyards is minimal; Direct vehicular access to a public street will be required and driveways will have sufficient width to allow efficient vehicular use and turning of both private and emergency vehicles and to provide for snow storage; Page 59 of 123 Report No: CP 2018-91 COMMUNITY PLANNING Council Date: April 9, 2018 Page 4 of 7 Proposed multiple unit use is consistent with the multiple unit requirements for Low Density Residential areas; The location of vehicular access points, the likely impact of traffic generated by the proposal on Town streets, pedestrian safety, and surrounding properties is acceptable; Existing municipal services and public facilities will be adequate to accommodate the proposed infill project; Stormwater runoff 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; 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 Town Zoning By-Law and other municipal By-Laws. Backyard infill proposals may be subject to site plan control. 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 proposes to rezone the subject property to ‘Special Low Density Residential Type 3 Zone (R3-sp)’. The R3 zone permits a converted dwelling not containing more than 4 dwelling units, existing single detached, semi-detached or duplex dwelling, multiple unit dwelling containing not more than 4 dwelling units, and a street fronting townhouse dwelling. A multiple unit dwelling is defined in the Zoning By-Law as a dwelling consisting of 3 or more dwelling units, which are horizontally or vertically attached, which may be entered from an independent entrance directly from the outside or from an internal common space or an access balcony and in which 50% or more of dwelling units have direct access to grade or a roof terrace. A multiple unit dwelling includes a triplex, a fourplex, a sixplex and a townhouse, but shall not include a street fronting townhouse or apartment dwelling. The R3 Zone requires a minimum lot area of 330 m2 (3,552 ft2) per dwelling unit, lot frontage of 20 m (65.5 ft), lot depth of 30 m (98.4 ft), rear yard depth of 10.5 m (34.4 ft), and interior side yard of 4.5 m (14.8 ft) on one side and 3 m (9.8 ft) on the narrow side. Maximum lot coverage is 40% of lot area, and required amenity area is 48 m2 (516.7 ft2) per dwelling unit. Each dwelling unit requires 1.5 parking spaces, and parking areas are permitted in the rear yard. The applicant has indicated that they are able to comply with the required lot area, lot frontage, rear yard depth, parking requirements, and all building setbacks save for the northerly interior side yard. The required interior side yard is 3.0 m (9.8 ft) and the applicant proposes to construct the addition at the same setback as the existing dwelling, being 1.5 m (5’). Page 60 of 123 Report No: CP 2018-91 COMMUNITY PLANNING Council Date: April 9, 2018 Page 5 of 7 AGENCY COMMENTS: The application was circulated to various public agencies considered to have an interest in the proposal. The Long Point Region Conservation Authority indicated they had no comment or concern with the application. The Oxford County Public Works Department provided the following comments: The Applicant should be advised that the County’s policy is one water service & one water meter (for billing purposes) per property; therefore, private plumbing should be extended from the existing home to these 2 proposed attached units (which is likely already the Owner’s plan). If upsizing of services is required (as deemed by the Owner), the Owner shall formally apply for such through the Town. Associated costs for upsizing would be the responsibility of the owner. The Oxford County Risk Management Official (Sourcewater Protection) provided the following comment: The subject property is located in a Wellhead Protection Area for one of the Tillsonburg municipal supply wells. As such, the property is subject to the Source Protection Policies of the Long Point Region Source Protection Plan. Vulnerability scoring on the property is 10 and significant threat policies apply. In particular it should be noted that the installation of a below grade fuel storage tank (home heating oil) is prohibited. Further questions regarding the source protection policies should be directed to the County’s Risk Management Official at: sourcewaterprotection@oxfordcounty.ca The Town Building Services Department provided the following comments: existing residence will need to comply with OBC window requirements if deficient due to the addition at the rear; driveway to be widened for joint access; additional 2 parking spaces will need to be established to meet zoning (1.5 per unit); relief required for interior side yard setback; designer to provide spatial separation information for the north property line setback; water and sanitary sewer servicing sizes to be verified; project is subject to site plan control; development charges are applicable to new units. The Town Economic Development Commissioner indicated that they have no concerns with this application and note that the new residential units will provide additional apartments to a market that has low vacancy. Town Engineering Department indicated that they have no concerns with the rezoning. Concerns such as lot grading, aisle widths and servicing can be addressed through the site plan approval process. The Tillsonburg District Chamber of Commerce provided the following comment: There are a lot of multi-unit dwellings in the area, so this seems to fit, however current neighbours may not like this. Parking issues should be considered, and there may be increased possibility of garbage being left in ravine area. Page 61 of 123 Report No: CP 2018-91 COMMUNITY PLANNING Council Date: April 9, 2018 Page 6 of 7 PUBLIC CONSULTATION: Notice of complete application and notice of public meeting regarding this application was circulated to surrounding property owners on two occasions, February 28, 2018 & March 23, 2018. At the time this report was written, no comments or concerns had been 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 PPS direction to provide for an appropriate diversity of housing types and densities to meet the needs of current and future residents. If approved, multiple unit dwelling will provide an additional housing option and tenure and will provide increased rental supply in the Town and represents an efficient use of existing municipal infrastructure. The proposal is consistent with the policy direction of the Official Plan to provide for variety and choice in housing types and tenures within the Town, and to permit residential intensification throughout the Town. The most recent Canada Mortgage and Housing Corporation Vacancy Report (fall 2017) indicated that the vacancy rate for 2 bedroom rental accommodation in Tillsonburg is 1.0%. It is the opinion of Planning staff that the proposal conforms to the backyard infill policies of the Official Plan. The multiple unit dwelling will remain a low rise residential use and will be of an appropriate scale and building form compatible with surrounding development. The addition will be to the rear of the existing dwelling and the lot is sufficiently deep that even with the addition, the required rear yard depth will be maintained. The addition will include attached garages to accommodate one parking space per unit, with additional spaces proposed in the rear yard. The profile and orientation of the addition, west-east is not expected to create any impact on adjacent properties with respect to light or view. The property boundary will be required to be fenced with a privacy fence to prevent light trespass. The access to the dwelling will be provided by an enlarged driveway and aisle adjacent to the southerly interior lot line. The minimal traffic generated by this development is not expected to have any impact on surrounding transportation networks, and any lot grading or drainage concerns will be addressed through the site plan approval process. All required parking will be provided on-site, and no site alteration or development is proposed near the ravine lands at the rear of the lot, which will remain as part of the amenity area. Through the site plan approval process, concerns regarding lot grading and drainage, privacy, landscaping, building design, and parking and aisle width will be required to be addressed to the satisfaction of the Town. It is Planning staff’s opinion that the proposed addition to create two additional dwelling is appropriate from a planning perspective and can be given favourable consideration. A copy of the draft amending by-law is attached for Council’s consideration. Page 62 of 123 Report No: CP 2018-91 COMMUNITY PLANNING Council Date: April 9, 2018 Page 7 of 7 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 Part Lot 85, Lot 86, Plan 500, Parts 3 of 41R-1779, Town of Tillsonburg, known municipally as 500 Broadway are to be rezoned from ‘Low Density Residential Type 1 Zone (R1)’ to ‘Special Low Density Residential Type 3 Zone (R3-15)’ to permit the development of a multi-unit dwelling, consisting of 3 dwelling units. SIGNATURES Authored by: original signed by Eric Gilbert, MCIP RPP, Senior Planner Approved for submission: original signed by Gordon K. Hough, RPP Director Page 63 of 123 February 27, 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 Road Labels 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) Subject Lands Plate 1: Location Map with Existing Zoning File No: ZN 7-18-01- Vermeersch Part Lot 85, Lot 86, Plan 500, Part 3 of 41R-1779, Town of Tillsonburg- 500 Broadway Page 64 of 123 February 27, 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 360 Notes NAD_1983_UTM_Zone_17N 18 Meters Road Labels 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: 2015 Aerial Map File No: ZN 7-18-01- Vermeersch Part Lot 85, Lot 86, Plan 500, Part 3 of 41R-1779, Town of Tillsonburg- 500 Broadway Subject Lands Page 65 of 123 Plate 3: Proposed Site Plan File No: ZN 7-18-01- Vermeersch Part Lot 85, Lot 86, Plan 500, Part 3 of 41R-1779, Town of Tillsonburg- 500 Broadway Page 66 of 123 From: Robert Kloss [mailto:klossrobert@yahoo.ca] Sent: March 5, 2019 11:10 AM To: Planning Subject: FILE # ZN 7-18-01 (Greg Vermeersch) Name: Robert Kloss Address: 81 Devonshire Ave Tillsonburg ON. File # ZN 7-18-01 I am sending this email to share some concerns with the above mentioned Amendment. I have some concerns with regards to parking and Auto access onto Broadway Street from this residence. Since I do live nearby, I can tell you that Broadway is a heavily traveled road and at times there can be a bit of a wait to pull onto Broadway from Devonshire Ave. Also,I would imagine that cramming any three unit structure onto a small lot ,in that area, would detract from the enjoyment that close neighbors would have on their properties, and it may negatively effect the value of neighboring properties Lastly, I have some concerns with what could become a trend and,may inspire other residences in the area to follow the lead of this residence and apply for Zoning amendments. Obviously, this would multiply any negative issues that may arise. Thanks Robert Kloss Page 67 of 123 Page 68 of 123 Page 69 of 123 February 26, 2019 Chloe Senior, Clerk County of Oxford P.O. Box 1614 21 Reeve St. Woodstock, ON N4S 7Y3 Via e-mail - csenior@oxfordcounty.ca Re: Regional Reform At the regular meeting of Woodstock City Council held on Thursday February 21, 2019, the following resolution was passed: “That Woodstock City Council support the transfer of Consent and Subdivision approval authority to the City of Woodstock and that water distribution and waste water collection become a non-exclusive sphere of jurisdiction in Oxford County; AND FURTHER that the following resolution be adopted by Woodstock City Council: WHEREAS the Ontario Government has begun a Regional Reform Initiative that includes Oxford County; AND WHEREAS the City of Woodstock opposes a one tier governance structure in Oxford County as it will not result in better decision making, will not result in improved services and will not provide cost efficiencies; AND WHEREAS the City of Woodstock supports the continuation of a two tier governance structure and prefers to develop a “Made in Oxford” solution by looking at service rationalization and realignment; Office of the City Clerk Woodstock City Hall P.O. Box1539 500 Dundas Street Woodstock, ON N4S 0A7 Telephone (519) 539-1291 Page 70 of 123 NOW THEREFORE BE IT RESOLVED that Woodstock City Council requests Oxford County Council to facilitate and coordinate a process for developing a two tier “Made in Oxford” solution and that this report be circulated to all Oxford County Municipalities for consideration of endorsement; AND FURTHER that this report be forwarded to the Ministry of Municipal Affairs, the Oxford Member of Provincial Parliament and the Regional Reform Special Advisors.” The report mentioned in the resolution is attached for your reference. Yours Truly, Amelia Humphries City Clerk City of Woodstock cc via email: Oxford County Clerks Ministry of Municipal Affairs Ernie Hardeman, Oxford M.P.P. Michael Fenn, Special Advisor Ken Seiling, Special Advisor Page 71 of 123 Item G-1 Chief Administrative Officer February 21, 2019 To: Members of Council Re: Regional Reform AIM To discuss the Regional Reform initiative, potential options and implications of Regional Reform and to provide City Council with an opportunity to submit comments on this initiative. BACKGROUND On January 15, 2019 the Ontario Government announced that it is moving ahead with a review of Regional Government. Two special advisors have been appointed to consult broadly over the coming months and provide recommendations to improve governance, decision-making and service delivery. Recommendations to the Ontario Government in these areas are expected by early summer of this year. The last review of municipal governance occurred approximately 20 years ago pursuant to the Savings and Restructuring Act, 1996. There was significant municipal restructuring across Ontario at this time. In Oxford the County retained KPMG to undertake a restructuring and rationalization of services study. The number of County, City and Township Councillors was reduced as a result of the governance recommendations from this study. There were 11 municipal services studied as part of the rationalization of services portion of the study. These 11 services were subjected to the triple majority process and generally resulted in the migration of tourism and waste collection to the upper tier (subject to contracting for service to Woodstock and South West Oxford). The County did not properly assume the authority for waste collection which is the reason why the Municipal Act does not assign exclusive authority to the County for this service. The review also identified significant cost savings in rationalizing the dual road authority system (ie County Road Authority for County Roads and Municipal Road Authority for Local Roads). Devolution of the road program to area municipalities was estimated to generate the highest savings followed by the County contracting road maintenance for County roads to the lower tiers. Rather than implement one of these recommendations the decision was to pursue a “Cooperative and Innovative Services Model” which provides for joint purchasing, route optimizations and co-operative capital planning. Province wide the stated objective of finding savings and efficiencies through this last municipal government restructuring was not achieved. The appended article, “Amalgamations brought fewer Ontario cities, but more city workers” by Wendy Gillis, January 13, 2014 provides observations and analysis of municipal government ten years after the amalgamations. “The conclusion is very strong: amalgamation didn’t reduce the size of municipal government” and “The results show that municipal public sector grew, both in employment and cost, and expanded at a faster rate than it had in the decade before amalgamations”. Page 72 of 123 What can be learned from this experience is that there are certain services which are best delivered at a local scale and there are other services which can be better delivered on a wider geographical scale. COMMENTS The current Regional Reform initiative is two pronged with the first area focusing on governance and structure and the second area on service efficiencies and service quality improvements. Governance and Structure Oxford County is first and foremost a rural County. The most significant force of change is the rapid growth of the City of Woodstock. The demand for growth opportunities should be expected to strengthen in the future; the difference will be that these opportunities will emerge and/or strengthen in other serviced communities in the County. This Regional Reform initiative should look ahead to the Oxford 20 years from now and what structural changes will best serve the taxpayer over these years. Oxford County has a two tier government structure. Oxford County is a Regional Government but is essentially a servicing sharing organization that delivers services that are best managed on a larger geographical basis. One landfill for the entire County is a good example of a service that is best shared on a wider geographical basis. Several alternative governance structures can be considered and are summarized below. One Tier The services delivered by the three urban municipalities and five townships are devolved to one level of government; presumably the County of Oxford under this option. Based on the experience of amalgamations from twenty years ago, there should be no savings anticipated over the long term and any cost efficiencies related to one tier government will be eroded. This erosion will stem from the fact that some lower tier municipalities are unionized and others are not. There will be pressure to unionize with the County as one employer. Woodstock is the only municipality in the County with exclusively career firefighters and all other lower tier municipalities use volunteer firefighters. There will be similar pressure to migrate to the more costly career firefighter model. The rural/urban service needs differ and there will be pressure to standardize services resulting in increasing cost. There is also concern that there will be pressure to standardize levels of service at a lower level than currently established in urban areas. Decisions regarding matters such as zoning are best made at a local level where each Councillor voting on an application is elected to the community in which the application is made. Economic development is also best managed at a local level where competition drives decisions. Page 73 of 123 The Oxford Community Police Service (OCPS) can be considered a pilot project of one tier government. OCPS provided police services to the City of Woodstock, the Township of Blandford Blenheim, the Township of East-Zorra Tavistock and the Township of Norwich. This partnership disbanded in 2009 due to concerns over service levels and service costs. Staff do not believe that a one tier system of government is appropriate for Oxford County. Two Tier with Possible Lower Tier Boundary Realignments A service rationalization review with consideration for lower tier boundary realignments is an option for consideration. Staff suggest that this option be supported for further consideration. Separated City(s) & County Amalgamation This option considers creating a separated City status for some or all of the urban municipalities in the County and amalgamation of the County of Oxford with the County of Elgin, County of Middlesex and/or the County of Perth. Stratford and St Marys in Perth County are separated cities as is the City of St Thomas in Elgin County and London in Middlesex County. Service sharing agreements exist in Elgin, Middlesex and Perth Counties with their urban counterparts for various services. The County of Oxford recently devolved Public Health to a new organization that serves both Oxford and Elgin Counties. Clearly, Public Health has emerged as a local service that is better delivered on a broader geographical basis than the current County boundaries. This option takes this example one step further to consider whether there are more services offered by the County that could be better delivered if moved to a larger geographical area. This option has merit but brings greater difficulties to implement given that Elgin. Middlesex and Perth are not currently part of the Regional Reform initiative. Service Efficiencies and Service Quality Improvements There has always been a practice of resource sharing, working cooperatively and partnerships in the delivery of municipal services in the County. This sharing occurs both informally and contractually. The Regional Reform Initiative is an opportunity to consider “who does what” in the context of what is best for the taxpayer having regard for what we think the needs of Oxford residents and businesses will be 20 years from now. This is a challenging, yet intriguing question and there will be different perspectives. From the perspective of the City of Woodstock Staff suggest the following as services to be considered for changes. Consent and Subdivision Approval Land division responsibility currents resides with the County of Oxford. Consent applications are approved by a Land Division Committee which is appointed by County Council. Subdivision planning applications are approved by County Council. Public Page 74 of 123 meetings for both consent and subdivision applications occur at the City and then duplicated at either Land Division Committee or during Committee of the Whole at County Council. The public perceives that the public meeting held at the City is the statutory public meeting, but it is not. A local municipality is the decision making authority for zoning bylaw changes and Staff see no reason that Land Division decisions (consent or subdivision) should be different. Staff suggest that these authorities should be transferred to the lower tier municipalities. Water Distribution and Wastewater Collection Services The City recommends consideration be given to affecting a shared authority to the City for water distribution and wastewater collection services within the City. The City currently provides maintenance services and capital replacement under contract to the County. The intent is to affect the following functions by granting shared authority to the City of Woodstock to: • Independently approve wastewater collection and water distribution infrastructure to support economic development opportunities. • Independently fund the cost of extensions to these systems. • Independently approve operating and capital budget for this infrastructure. • Pass a development charge bylaw for such infrastructure. • Implement a one window approach to development approvals. • Have the same status as other lower tier municipalities. Successful economic development often hinges on the ability to provide information, servicing and upgrades in a guaranteed timely fashion. It is one of the most important development tools available. Staff suggest that wastewater collection and water distribution be considered for non- exclusive status in the Municipal Act. County Roads The KPMG study undertaken by the County during the last governance and service review in July of 2000 estimated savings of approximately $1.2 million if the County contracts road maintenance to area municipalities. Intuitively this estimate seems conservative considering the savings from eliminating the duplication of road patrol yards and equipment. This operational model exists in Elgin County and in the urban municipalities of Oxford County. Capital road reconstruction remains a county responsibility under this model. The additional responsibility of County roads for a Township will result in more staff for the Township and less staff for the County. Township staff deliver services beyond roads and these additional staff will help support Township services when needed unlike a County roads employee. Staff suggest that a devolution of County roads maintenance to all area municipalities be considered and that Lower Tier Municipal Councils request reports from their staff exploring the pros and cons of providing maintenance services on County roads under contract to the County. Page 75 of 123 RECOMMENDATION That Woodstock City Council support the transfer of Consent and Subdivision approval authority to the City of Woodstock and that water distribution and waste water collection become a non-exclusive sphere of jurisdiction in Oxford County; AND FURTHER that the following resolution be adopted by Woodstock City Council: WHEREAS the Ontario Government has begun a Regional Reform Initiative that includes Oxford County; AND WHEREAS the City of Woodstock opposes a one tier governance structure in Oxford County as it will not result in better decision making, will not result in improved services and will not provide cost efficiencies; AND WHEREAS the City of Woodstock supports the continuation of a two tier governance structure and prefers to develop a “Made in Oxford” solution by looking at service rationalization and realignment; NOW THEREFORE BE IT RESOLVED that Woodstock City Council requests County Council to facilitate and coordinate a process for developing a two tier “Made in Oxford” solution and that this report be circulated to all Oxford County Municipalities for consideration of endorsement; AND FURTHER that this report be forwarded to the Ministry of Municipal Affairs, the Oxford Member of Provincial Parliament and the Regional Reform Special Advisors. David Creery, M.B.A., P. Eng., Chief Administrative Officer Page 76 of 123 Amalgamation brought fewer Ontario cities, but more city workers, report finds Page 1 of 5 News/GTA Amalgamation brought fewer Ontario cities, but more city workers, report finds New analysis finds local governments actually grew bigger, faster, after Mike Harris's so-called Common Sense Revolution, which massively restructured Toronto and other cities with the aim of reducing costs. JOHN MAHLER FILE PHOTO New research shows that the Common Sense Revolution frem 1994, unsuccessful in By: Wendy Gillis News reporter, Published on Mon Jan 13 2014 It was dubbed the Common Sense Revolution - Progressive Conservative premier Mike Harris's 1995 campaign to slash the province's bloated public sector through massive municipal government restructuring, to the tune of $250 million in taxpayer savings. But new analysis has found that while amalgamation technically decreased the number of municipalities in Ontario - down from 850 to 445 - and 23 per cent of elected official positions were axed, more people than ever are working in Ontario's municipal governments. "The conclusion is very strong: amalgamation didn't reduce the size of municipal government," said Timothy Cobban, political science professor at Western University and lead researcher. Cobban and his team crunched government data, including Statistics Canada numbers for 15 years before and after the provincial amalgamation, to determine just how much sense Harris's plan made in the long run. The results show the municipal public sector grew, both in employment and cost, and expanded at a faster rate than it had in the decade before amalgamation. http://www.thestar.com/news/gta/2014/01/13/amalgamation _ brought_fewer _ ontario _ cities... 1/14/2014 Page 77 of 123 Amalgamation brought fewer Ontario cities, but more city workers, report finds Page 2 of 5 From 1981 to 1996, Ontario's municipal governments grew by 23.9 per cent overall, adding 39,191 jobs. During the 15 years post-amalgamation, from 1996 to 2011, they grew by 38.8 per cent, adding 104,200 jobs. In total, about 270,000 people work in the municipal public sector in Ontario today, compared with 160,000 people in 1995. That has translated into a sizeable spending spike: in 1981, Ontario spentjust under $200 million on local government salaries and wages. By 2011, that number had increased to $750 million. The rising number of government workers is not explained by population growth, Cobban says: The statistics show that in 1990, there were 15.8 municipal workers per thousand residents, while in 2010 there were 20.9 workers per thousand. Cobban attributes this expansion to several other factors. First, when municipalities merge, there will inevitably be jobs created in some fields. For instance, if suburban and urban areas merge, new firefighters will probably need to be hired, because the suburb may have previously had a part-time or volunteer department. "Typically, as they get merged into a city, you end up with a full-time fire department and various other services," said Cobban. "There's upward pressure on services as people in one area of a city will understandably demand comparable services as people on other sides of the city." Amalgamation also tends to hike wages for public-sector employees, since merging of collective bargaining units usually means compensation is harmonized upwards, Cobban said. Growth can also be partly explained by the so-called "downloading" of provincial responsibilities onto municipalities that occurred under the Harris government, including social assistance, public housing and public health. For instance, in 1991, just 3-4 per cent of Ontario's municipal government workers were employed in social services. By 2011, that number had more than doubled, to 7.8 per cent. But numbers also increased in areas unaffected by downloading, including administrative roles such as clerks and treasurers, Cobban found. "This is a significant finding because the ( Common Sense Revolution ) platform sought to reduce the number of administration roles ... by reducing the number of municipalities, but this did not occur," Cobban wrote in a preliminary report on the research, prepared for a recent presentation to Hamilton's city council. The findings don't necessarily mean amalgamation as a whole was a failure, Cobban said. Though it's clear it didn't achieve its stated goal, it may have produced municipalities that are stronger and better run, he said. "We're agnostic about the conclusion, about whether it's good or bad on its own," he said. Andrew Sancton, Western University professor and author of Merger Mania: The Assault on Local Government , said he was not surprised by the findings. http://www.thestar.com/news/gta/2014/01/13/amalgamation _ brought_ fewer_ ontario _ cities... 1/14/2014 Page 78 of 123 Amalgamation brought fewer Ontario cities, but more city workers, report finds Page 3 of 5 Sancto n was hired by the pre-amalgamation city of Toronto to prepare a rebuttal to the province's report, prepared by KPMG, which said the changes suggested in the Common Sense Revolution would save money. Based on academic research and real-world examples of other amalgamated cities, Sancton's report found that there wasn't a strong argument to be made for economies of scale - that is, that costs decrease when operations grow. Sancton found that there weren't many economies of scale in services that were not already amalgamated in Toronto and other cities. It also foreshadowed Cobban's findings, saying wage and service levels were likely to increase. "All the evidence was that there was little or no prospect of saving money," he said. Chris Stockwell , a member of the Harris government during amalgamation, said he was opposed to it from the beginning. He claims there was little discussion about its implications before the idea was launched into the public realm during the 1995 election. "Listen, I'm a big fan of the Harris government; we made some good decisions, but this one ... it just came out of the air," Stockwell said. A politician who worked in local, regional and then provincial government, Stockwell felt government grew less connected to constituents the bigger it got, and that small governments are the most efficient. Doug Holyday, former Toronto deputy mayor and now the MPP for Etobicoke-Lakeshore, was Etobicoke's mayor during the push for amalgamation, and was in the minority among GTA mayors when he did not oppose it. At the time, it seemed there was logic in fusing the numerous clerical offices, fire departments and more, and he was seeing similar moves in the corporate world. "There were companies amalgamating throughout the world that were doing it, for good reason, and I thought those good reasons should apply here," he said. But he's not surprised to learn the size and cost of municipal governments in Ontario is larger than ever. "I watched it happen," he said. A major problem was the lack of political will on the part of municipal leaders, who did not strongly enforce cuts in the number of jobs in their offices by getting rid of redundant positions, he said. "Bureaucracy just by its nature grows, unless it's fought with," Holyday said. Cobban's team also found that Ontario has more municipal government workers than any other province. Forty-three per cent of all municipal employees in Canada work in Ontario - a disproportionately large share, says Cobban, since Ontario has only 38 per cent of the country's population. http://www.thestar.com/news/gta/2014/01/13/amalgamation _ brought_ fewer_ ontario _ cities... 1/14/2014 Page 79 of 123 Amalgamation brought fewer Ontario cities, but more city workers, report finds Page 4 of 5 Researchers also found a shift in government employment in Canada in general. In 1981, the largest portion of government workers were federal, followed by provincial workers, then municipal. By 2000, that structure had become bottom heavy, with 43 per cent of public-sector employees in Canada working for municipal governments, followed by the federal then provincial governments. Amalgamation, by the numbers Number of municipal workers in Canada in 1981: 270,000 Number of municipal workers in Canada in 2011: 580,000 Percentage of Canadian municipal workers employed in Ontario: 43 Percentage of Canadian population living in Ontario: 38 Local government employees per 1,000 people in 1990, in Ontario: 15.8 Local government employees per 1,000 people in 2010, in Ontario: 20.9 http://www.thestar.com/news/gta/2014/01/13/amalgamation _ brought_fewer _ ontario _ cities... 1/14/2014 Page 80 of 123 Amalgamation brought fewer Ontario cities, but more city workers, report finds Page 5 of 5 Post-amalgamation views The Tory government in the late nineties pushed amalgamation on several communities in Ontario, including Toronto, arguing the move would cut the size of government. But a Western University study has found that while amalgamation lowered the number of municipalities in Ontario it did not cut the number of public sector employees. Local general government employment in Canada, by province TOTAL NUMBER OF PERSONS EMPLOYED Ontario 100,000 = - o .,, tt . 1 , 1,,,. : , +øw¡.tt1p1:JvfFl . -~·~@~Other s i I l ~ i t I l ~ ~ i .~ i i i i I. l i t ~ l 1 ~ i '81 '83 '85 '87 '89 '91 '93 '95 '97 '99 'Ol '03 '05 '07 '09 '11 Local general government employees per 1,000 persons AVERAGE CANADIAN PROVINCES 1990 9.2 tttitttttiittt; 14.1 ONTARIO 1990 15.8 titttttttttttttttttt• 20.9 SOURCE: Statistics Canada; Timothy Cobban, Western University Note - January 13, 2014: This article was edited from a previous version. http://www.thestar.com/news/gta/2014/01/13/amalgamation _ brought_ fewer_ ontario _ cities... 1/14/2014 Page 81 of 123 Report Title Highway 3 Business Park Naming – Survey Results Report No. DCS 19-03 Author Cephas Panschow Meeting Type Council Meeting Council Date MARCH 11, 2019 Attachments Survey Results Summary Page 1 / 4 RECOMMENDATION THAT Council receive Report DCS 19-03 Highway 3 Business Park Naming – Survey Results as information. EXECUTIVE SUMMARY The purpose of this report is to provide Council with the results from consulting with the businesses located in the Industrial Park along Clearview Drive and North of Highway 3 regarding the new name for that industrial area. BACKGROUND Council approved the following motion at their January 14, 2019 meeting: THAT Council receive the correspondence from the Development Committee regarding the naming of the Highway 3 Business Park dated December 11, 2018; AND THAT Council adopt the name “Van Norman Innovation Park (VIP)” as the new name to market the industrial park; AND FURTHER THAT the name “Van Norman Innovation Park (VIP)” apply to the industrial park on both sides of Highway 3. However, Council did direct staff to consult with the existing businesses located in that regarding the new name. In that regard, a short, seven question electronic online survey was created using Survey Monkey and sent to 39 email addressed to companies within the industrial park. The original email was sent on February 2 with a reminder on February 5. Due to the lack of responses, the deadline was extended with another reminder sent out again on February 21. Page 82 of 123 Page 2 / 4 Despite the repeated follow up and extensions, only five responses were received. A quick summary is below: All five respondents were aware of the previous name (VanNorman Industrial Park); Two respondents liked the new name and two respondents did not with one respondent being uncertain; Respondents liked the new name because of (1) Historical tie to one of Tillsonburg's co- founders, (2) The focus on Innovation, and (3) Can use the abbreviation of "VIP" to market the park with one respondent choosing each of these reasons; Respondents did NOT like the new name because of (1) The name is too long, (2) I liked the old name better, and (3) Other reasons; Response rate was 13% (5/39). Comments received along with staff’s response are shown below. Comments (as received in the survey) Response I think its tacky. We are an industrial park. The paper work and cost involved in changing names wont make any company be like "oh wow INNOVATION park" better go there instead of the next town. There is minimal paper work and cost associated with changing the name although it should be noted that increased marketing for the park, regardless of the name, may have some costs associated with it and as approved through the regular budget process. While changing the name may not directly result in a company choosing Tillsonburg, it can help with marketing the Town and business park for future oriented industries I do think its a bit long. But I am ok with it, if thats what peopke want. The name sounds to much like a residential zone rather than an industrial zone and it eats up a lot of space on the address line when printing shipping labels It is not necessary nor standard procedure for companies to list the name of the industrial zone when printing labels. Typically, the street address and postal code will suffice. My only concern would be the costs for renaming the industrial Park which is not available in this survey. Will there be any cost due to the change for businesses with current site plans that have not started a second phase? As small a change to current site plans going into phase 2 it's still a change that will need to be updated. Also signage at the road will that need to be changed/updated causing costs to Tillsonburg will the cost be worth the new name? There is minimal paper work and cost associated with changing the name although it should be noted that increased marketing for the park, regardless of the name, may have some costs associated with it and as approved through the regular budget process. It is not anticipated that there will be any costs for businesses nor any costs associated with changing signage as there is no signage with that name on it. Page 83 of 123 Page 3 / 4 CONSULTATION/COMMUNICATION The former Development Committee, which was comprised of a business and manufacturing leaders, provided Council with a number of recommendations related to the Highway 3 Business Park including the letter on January 14, 2019. In addition to their review, Council requested that the businesses in the Southwest Industrial Area be consulted as well, which has now been completed. FINANCIAL IMPACT/FUNDING SOURCE There is no financial impact related to this report. COMMUNITY STRATEGIC PLAN Through the development of a new name through the Development Committee and further consultation with the affected businesses, staff believe that these actions support Theme 1.2 of the Community Strategic Plan, which identifies the goal of Streamlining communication and effectively collaborating within local government. Page 84 of 123 Page 4 / 4 Report Approval Details Document Title: Report DCS 19-03 Highway 3 Business Park Naming - Survey Results.docx Attachments: - Survey_Results-New_Name.pdf Final Approval Date: Mar 6, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - Mar 6, 2019 - 4:11 PM Page 85 of 123 100.00%5 100.00%5 100.00%5 100.00%5 100.00%5 Q1 Contact Information Answered: 5 Skipped: 0 ANSWER CHOICES RESPONSES Name Company Name Address Email Address Phone Number 1 / 7 Business Survey - Renaming of Hwy 3 BP SurveyMonkeyPage 86 of 123 100.00%5 0.00%0 Q2 Were you aware that the lands located on the North side of Highway 3 along Clearview Drive were designated as the Van Norman Industrial Park? Answered: 5 Skipped: 0 Total Respondents: 5 Yes No 0%10%20%30%40%50%60%70%80%90%100% ANSWER CHOICES RESPONSES Yes No 2 / 7 Business Survey - Renaming of Hwy 3 BP SurveyMonkeyPage 87 of 123 60.00%3 60.00%3 Q3 Do you like the new name (the Van Norman Innovation Park)? Answered: 5 Skipped: 0 Total Respondents: 5 Yes No 0%10%20%30%40%50%60%70%80%90%100% ANSWER CHOICES RESPONSES Yes No 3 / 7 Business Survey - Renaming of Hwy 3 BP SurveyMonkeyPage 88 of 123 33.33%1 33.33%1 33.33%1 0.00%0 33.33%1 Q4 What are your reasons for liking the new name? Answered: 3 Skipped: 2 Total Respondents: 3 Historical tie to one of... The focus onInnovation Can use the abbreviation... Other I don't like the new name 0%10%20%30%40%50%60%70%80%90%100% ANSWER CHOICES RESPONSES Historical tie to one of Tillsonburg's co-founders The focus on Innovation Can use the abbreviation of "VIP" to market the park Other I don't like the new name 4 / 7 Business Survey - Renaming of Hwy 3 BP SurveyMonkeyPage 89 of 123 50.00%2 0.00%0 25.00%1 25.00%1 25.00%1 Q5 What are your reasons for NOT liking the new name? Answered: 4 Skipped: 1 Total Respondents: 4 The name is too long I don't likethe connecti... I liked the old name bet... Other Actually, I like the new... 0%10%20%30%40%50%60%70%80%90%100% ANSWER CHOICES RESPONSES The name is too long I don't like the connection to the past I liked the old name better (I.e. the Van Norman Industrial Park) Other Actually, I like the new name 5 / 7 Business Survey - Renaming of Hwy 3 BP SurveyMonkeyPage 90 of 123 Q6 If you answered "other" above for either liking or not liking the new name, please explain why you picked "other" Answered: 3 Skipped: 2 6 / 7 Business Survey - Renaming of Hwy 3 BP SurveyMonkeyPage 91 of 123 Q7 Do you have any other comments or concerns? Answered: 1 Skipped: 4 7 / 7 Business Survey - Renaming of Hwy 3 BP SurveyMonkeyPage 92 of 123 Report Title Results for Tender RFT 2019-001 Asphalt Paving Program Report No. OPS 19-04 Author Shayne Reitsma, Manager of Engineering Meeting Type Council Meeting Council Date March 11, 2018 Attachments None Page 1 / 4 RECOMMENDATION THAT Council receive Report OPS 19-04, Results for Tender RFT 2019-001 Asphalt Paving Program; AND THAT Council award Tender RFT 2019-001 to Dufferin Construction Company, A division of CRH Canada Group Inc. of London, ON at a cost of $700,674.59 (net HST included), the lowest bid received satisfying all Tender requirements. SUMMARY Tenders were called for the Hot Mix Asphalt Paving Program with fourteen (14) plan takers and a total of six (6) bids received on March 4th 2019 with the lowest bid from Dufferin Construction Company, A division of CRH Canada Group Inc. of London, Ontario at a cost of $700,674.59 (net HST included). As shown in Figure 1 this project includes full depth resurfacing of the Links Subdivision (Fairway Hills Blvd, Greeneagle Dr., Birdyway Dr.), North Park Phase 1 Subdivision (Langrell Ave.) partial depth resurfacing of Thorncliffe Circle, Winona Dr. and Rosalynn Circle, and a combination of partial and full depth resurfacing of Allen St., Adams Ave., and Fernwood Dr., as well as other minor asphalt patching repairs as a result of maintenance work from the Public Works and Water Departments. The tender was advertised on the Tillsonburg website, the Tillsonburg News, Ebid Solutions and on Biddingo. Results of the tender are summarized below: Bidder Location Bid Amount 1. Dufferin Construction London, ON $ 700,674.59 2. 5 Star Paving Inc. Cambridge, ON $ 753,218.92 3. Brantco Construction Cambridge, ON $ 766,033.10 4. Capital Paving Inc. Guelph, ON $ 879,206.40 5. Coco paving Inc. London, ON $ 899,965.44 6. Armstrong Paving Ltd. St. Marys, ON $ 938,424.87 Page 93 of 123 Page 2 / 4 The above bids include net HST of 1.76%. The bids also include a $45,000 contingency allowance for material testing and any unforeseen expenses encountered during construction. It should be noted that the actual price of asphalt cement from the time the tender is closed to the time asphalt is actually placed is subject to an Asphalt Cement (AC) adjustment factor that is set monthly by the MTO. CONSULTATION/COMMUNICATION Any planned roadway or lane closures in order to facilitate the work will be kept to a minimum and communicated to the public or any directly affect residents in advance, in accordance with the Towns Public Engagement Policy. FINANCIAL IMPACT/FUNDING SOURCE The combined budget for this project is $720,000 which consists of $500,000 in Gas Tax, $99,800 in Development Remediation Reserves, $65,200 in Securities, $20,000 in Development Charges, and $35,000 from the Roads and Water maintenance operating budgets. ITEM NOTES TENDER COST 2019 BUDGET ALLOCATION Water Maintenance (Operating) Break Repairs $9,850 $10,000 Roads Patching Maintenance (Operating) Surface Failure $24,765 $25,000 Outdoor Recreation Pad (Capital) Surface Asphalt $16,370 $20,000 North Park Phase 1 Rehabilitation (Capital) Langrell Ave. $118,630 $120,000 The Links Subdivision Rehabilitation (Capital) $144,650 $145,000 Fairway Hills 135m (full depth) $42,995 Greeneagle Drive 235m (full depth) $70,420 Birdyway Drive 85m (full depth) $31,235 2019 Capital Asphalt Resurfacing $386,410 $400,000 Allan Street 630m (various depths) $123,915 Adams Avenue 535m (various depths) $122,000 Fernwood Drive 440m (various depths) $81,725 Thorncliff Circle 140m (partial depth) $31,660 Winona Drive 30m (partial depth) $10,225 Rosalynn Circle 65m (partial depth) $16,885 HOT MIX ASPHALT TOTAL $700,675 $720,000* *Note that the budget estimate was based on results from 2018 early tender pricing. COMMUNITY STRATEGIC PLAN This project supports Objective 2 – Economic Sustainability of the Community Strategic Plan through the renewal of infrastructure. Page 94 of 123 Page 3 / 4 Page 95 of 123 Page 4 / 4 Report Approval Details Document Title: OPS 19-04 Results for Tender RFT 2019-001 Asphalt Paving Program.docx Attachments: Final Approval Date: Mar 7, 2019 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - Mar 7, 2019 - 8:23 AM No Signature - Task assigned to David Calder was completed by assistant Lana White David Calder - Mar 7, 2019 - 1:49 PM No Signature - Task assigned to Donna Wilson was completed by assistant Lana White Donna Wilson - Mar 7, 2019 - 1:50 PM Page 96 of 123 Report Title Results for Tender RFT 2019-002 Concrete Sidewalk and Curbing Report No. OPS 19-05 Author Shayne Reitsma, Manager of Engineering Meeting Type Council Meeting Council Date March 11, 2019 Attachments None Page 1 / 3 RECOMMENDATION THAT Council receive Report OPS 19-05, Results for Tender RFT 2019-002 Concrete Sidewalk and Curbing; AND THAT Council award Tender RFT 2018-007 to Dufferin Construction Company, A division of CRH Canada Group Inc. of London, ON at a cost of $289,489.29 (net HST included), the lowest bid received satisfying all Tender requirements. SUMMARY Tenders were called for the Concrete Sidewalk and Curbing project with nineteen (19) plan takers and a total of six (6) bids received on March 4th 2019 with the lowest bid from Dufferin Construction Company, A division of CRH Canada Group Inc. of London, Ontario at a cost of $289,489.29 (net HST included). The project includes the installation of new sidewalk segments, new sidewalk sections at intersections and crossings, and the replacement of miscellaneous sidewalk sections identified from the Sidewalk Inspection Program. This project also includes new depressed curb at accessible parking locations Downtown, curb repairs within capital rehabilitation areas and various locations throughout Town as a result of maintenance work from the Public Works and Water Departments. The tender was advertised on the Tillsonburg website, the Tillsonburg News, Ebid Solutions and on Biddingo. Results of the tender are summarized below: Bidder Location Bid Amount 1. Dufferin Construction Company London, ON $289,489.29 2. Autoform Contracting London, ON $291,047.59 3. Fortese Concrete Ltd London, ON $292,804.22 4. Ro-Buck Contracting Ltd London, ON $304,684.70 5. DPA Contracting Ltd London, ON $312,830.59 6. J. Franze Concrete Ltd London, ON $380,099.04 Page 97 of 123 Page 2 / 3 The above bids include net HST of 1.76%. The bids also include a $25,000 contingency allowance for material testing and any unforeseen expenses encountered during construction. CONSULTATION/COMMUNICATION Any planned roadway or lane closures in order to facilitate the work will be kept to a minimum and communicated to the public or any directly affect residents in advance, in accordance with the Towns Public Engagement Policy. FINANCIAL IMPACT/FUNDING SOURCE The combined budget for this project is $320,000 which consists of $165,000 in Development Remediation Reserves, $60,000 in Taxation, $30,000 in Downtown Parking Reserves, $15,000 in Grant Funding, $10,000 in Development Charges and $40,000 in Roads curb and sidewalk maintenance operating budgets. ITEM TENDER COST 2019 BUDGET ALLOCATION Roads Sidewalk Maintenance (Operating) $9,435 $15,000 Roads Curb Maintenance (Operating) $24,560 $25,000 Broadway Mid-Block Accessible Stalls $25,270 $30,000 Broadway & Ridout AODA Upgrade $32,075 $35,000 Broadway & Trans Canada Trail PXO $13,640 $15,000 Sidewalk Connectivity Plan (150m) $24,385 $25,000 Outdoor Recreation Pad $8,855 $10,000 North Park Phase 1 Rehabilitation $88,570 $100,000 The Links Subdivision Rehabilitation $62,700 $65,000 CONCRETE TOTAL $289,490 $320,000 COMMUNITY STRATEGIC PLAN This project supports Objective 2 – Economic Sustainability of the Community Strategic Plan through the renewal of infrastructure. Page 98 of 123 Page 3 / 3 Report Approval Details Document Title: OPS 19-05 Results for Tender RFT 2019-002 Concrete Sidewalk and Curbing.docx Attachments: Final Approval Date: Mar 7, 2019 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - Mar 7, 2019 - 8:26 AM No Signature - Task assigned to David Calder was completed by workflow administrator Amelia Jaggard David Calder - Mar 7, 2019 - 1:52 PM No Signature - Task assigned to Donna Wilson was completed by workflow administrator Amelia Jaggard Donna Wilson - Mar 7, 2019 - 1:52 PM Page 99 of 123 Report Title Skate Shop Lease 2019-2024 Report No. RCP 19-12 Author Rick Cox, Director of Recreation, Culture & Parks Meeting Type Council Meeting Council Date March 11, 2019 Attachments Letter from M. Papaioannou Letter from D. Holman Skate Shop Contract 2019-2024 Page 1 / 3 Skate Shop Lease 2019-2024 RECOMMENDATION THAT Council receives Report RCP 19-12 – Skate Shop Lease 2019-2024 for information; AND THAT Council awards the lease for the Skate Shop in the Tillsonburg Community Centre to Tillsonburg Skate Shop (Doug Holman) for May 1, 2019 through April 30, 2024. EXECUTIVE SUMMARY The lease for the skate shop at the Tillsonburg Community Centre (TCC) expires at the beginning of May, 2019. The current owner of the business, Michael Papaioannou, is in the process of retiring and selling the business. Whether or not there is a lease in place for the space is a key component of the valuation of the business. For the last several lease renewals, Mr. Papaioannou was the only respondent to the public invitation to submit bids. Staff recommends that a lease for 2019-2024 be awarded to Mr. Doug Holman to ensure continuity of service and maintain the lease revenue. BACKGROUND In March 2015, staff prepared and advertised an invitation to vendors to submit a proposal for the skate shop lease for the period of September 2015 through May 2019. Only one submission was received. Mr. Papaioannou has provided good service to the facility users and has been a good tenant. He has indicated his intent to retire and sell the business. It is difficult to sell the business without having a lease in place. While the lease allows for a one-year extension past May 1, 2019, it does not allow for the lease to be transferred to another person or company unless approved in writing by the Town of Tillsonburg. As it is unlikely that there will be any other interested vendors, this report recommends, rather than extend the existing lease, that the Town issues a new lease to Mr. Papaioannou’s selected purchaser, Mr. Doug Holman. The new proprietor has arrangements in place to work with Mr. Papaioannou during the transition to ensure the quality of service that TCC users are accustomed to will not be affected. Mr. Holman is a Tillsonburg resident and is enthusiastic about the opportunity to continue to provide skate sharpening and other small services in the TCC location. Staff recommends that the Town consent to the lease at the proposed rate schedule of $2,734.60 per year for the first three years of the lease, increasing to $2,853.25 for the final two Page 100 of 123 Page 2 / 3 Skate Shop Lease 2019-2024 years of the lease. The tenant must also maintain $5,000,000 liability insurance and WSIB coverage for the duration of the lease. Council could consider not awarding the lease to Mr. Holman, and require that staff initiate a public invitation to vendors to see if there is additional interest. The last several invitations of this nature for the skate shop operation have not seen any interest beyond that of Mr. Papaioannou. The term of the proposed lease is for five years, with provisions for one three-year extension, at the Town’s sole discretion. FINANCIAL IMPACT/FUNDING SOURCE The current lease nets the Town $2,280 per year. This revenue is reflected in the Recreation, Culture & Parks budget for 2019. Future budgets will reflect the increased lease amounts. COMMUNITY STRATEGIC PLAN (CSP) IMPACT 1. Excellence in Local Government ☐ Demonstrate strong leadership in Town initiatives ☐ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability 2. Economic Sustainability ☒ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☒ Make Tillsonburg an attractive place to live for youth and young professionals ☒ Provide opportunities for families to thrive ☐ Support the aging population and an active senior citizenship 4. Culture and Community ☐ Promote Tillsonburg as a unique and welcoming community ☒ Provide a variety of leisure and cultural opportunities to suit all interests ☐ Improve mobility and promote environmentally sustainable living Page 101 of 123 Page 3 / 3 Skate Shop Lease 2019-2024 Report Approval Details Document Title: RCP 19-12 - Skate Shop Lease 2019-2024.docx Attachments: - RCP 19-12 - ATT 01 - Letters.pdf - RCP 19-12 - ATT 02 - New Agreement _Skate Shop_2019-2024_.docx Final Approval Date: Mar 5, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - Mar 5, 2019 - 1:16 PM Page 102 of 123 Page 103 of 123 Page 104 of 123 1/7 THIS AGREEMENT made in duplicate this ___ day of ____, 20__. BETWEEN: THE CORPORATION OF THE TOWN OF TILLSONBURG, Hereinafter called the Lessor, of the First Part, -and- Doug Holman as Tillsonburg Skate Shop Hereinafter called the Lessee, of the Second Part, AND WHEREAS the Lessor owns the Tillsonburg Community Centre, AND WHEREAS the Lessor is desirous of renting the skate sharpening room to a qualified operator to provide skate sharpening services to the users of the Tillsonburg Community Centre; NOW THEREFORE THE PARTIES, in consideration of the mutual covenants and agreement hereinafter set out, hereby agree as follows: 1. DEFINITIONS a. “Skate Shop” shall mean the Skate Sharpening Shop to which this Agreement applies. b. “Facility” shall mean the Tillsonburg Community Centre in its entirety. 2. RIGHT TO PROVIDE SKATE SHARPENING SERVICES The Lessor grants to the Lessee exclusive rights to sell skate sharpening services within the facility in this Agreement. 3. LEASE TERM The Lease Term is effective beginning May 1, 2019 and ending April 30, 2024, unless terminated under the provisions of Paragraphs 26, as applicable. The Lease Term can be extended for an additional three (3) years, subject to approval by the Lessor in their sole and absolute discretion, upon receipt by the Lessor of written notice thirty (30) days prior to May 1, 2019. If accepted by the Lessor within forty-five days, unless otherwise negotiated, the same rates and terms shall apply except that the contract shall be amended to extend the termination date. Page 105 of 123 2/7 4. RENT The Lessee agrees to pay the rent as outlined below: Year January - March April - August September - December Total per calendar year 2019 N/A $ 56.50/mnthi $350.30/mnth $1,627.20 2020 $350.30/mnth $ 56.50/mnth $350.30/mnth $2,734.60 2021 $350.30/mnth $ 56.50/mnth $350.30/mnth $2,734.60 2022 $350.30/mnth $ 56.50/mnth $367.25/mnth $2,802.40 2023 $367.25/mnth $ 56.50/mnth $367.25/mnth $2,853.25 2024 $367.25/mnth $ 56.50/mnthii N/A $1,158.25 i. Lease begins May 2019 ii. Lease ends April 2024 5. UTILITY COSTS The utility costs are built within the monthly rent payment. 6. SECURITY DEPOSIT The Lessee shall, at the time of signing the Contract, deposit the sum of Two Hundred & Fifty Dollars ($250.00) in cash or certified cheque with the Lessor to ensure that the building is left in a condition satisfactory to the Lessor. The deposit will be refunded to the Lessee after the final year upon satisfactory inspection of the building or upon termination of the Contract. 7. FINANCIAL TERMS The security deposit is due upon execution of the lease agreement. The Lessor shall not be responsible to cover any operational losses, in whole or in part, at any time during the Agreement regardless of any circumstances that may arise in the operation of the Skate Sharpening Shop premises. The Lessee shall also keep such other records as are necessary to perform its duties efficiently and in accordance with the laws of Canada and the Province of Ontario, including daily and annual revenue statements, and shall produce these records for inspection when requested by authorized representatives. 8. HOURS OF OPERATION The Lessee will operate the Skate Shop within the normal hours of operation of the Tillsonburg Community Centre. Page 106 of 123 3/7 Hours of operation of the Skate Shop are to be posted in locations deemed appropriate by the Tillsonburg Community Centre Administration. Operations on statutory holidays shall be by mutual consent between the Lessor and Lessee determined not less than twenty-four (24) hours in advance of the holiday. It will be up to the Skate Shop operator to determine if she/he wishes to remain open for longer hours and/or days than what is posted. The Skate Shop operator shall work closely with the Tillsonburg Community Centre Administrator on promotion, marketing and all aspects of Skate Shop operations. 9. HOUSEKEEPING The Lessee will be responsible for the normal housekeeping (cleaning and sanitizing) of those areas affected by the operation of the Skate Shop. Due diligence is the responsibility of the Lessee. 10. WASTE REMOVAL The Lessee will be responsible for the coordination and costs associated with waste removal including recycling, etc. 11. TELEPHONE The Lessee may install a business line and point of sale machine at his/her expense. 12. WALLS Walls are for Tillsonburg Community Centre usage. No advertising or paraphernalia are to be put on walls or hung from ceiling without approval by the Tillsonbug Community Centre Administration, in their sole and absolution discretion. 13. FACILITY CHANGES No changes, installation of signage, renovations or capital improvement shall be made by the Lessee to the building without the written consent of the Lessor. 14. OTHER BUSINESSES No other businesses are to be operated in conjunction with the Skate Shop without prior approval by the Lessor in their sole and absolute discretion 15. REGULATION COMPLIANCE AND LEGISLATION The Lessee shall ensure all services and products provided in respect to this Contract are in accordance with and under authorization of all applicable authorities (Municipal, Provincial and Federal); including but not limited to: Page 107 of 123 4/7 The Occupational Health and Safety Act and its regulations The Workplace Safety & Insurance Act The Environmental Protection Act (Ontario) and its Regulations The Ontario Fire Protection & Prevention Act The Lessor reserves the right to request authentic copies from the Lessee of any documentation relevant to the aforementioned compliance requirements. Failure to provide may result in the termination of the lease. 16. WORKPLACE SAFETY AND INSURANCE BOARD (WSIB) The Lessee shall be required to supply a Certificate from the Workplace Safety and insurance Board prior to the start of the contract and upon fourteen (14) days’ notice, if requested in writing, during the life of the contract. The Certificate shall indicate that all of the assessments the Contractor or any Subcontractor is liable to pay under the Worker’s Safety Insurance Board Act or successor legislation have been paid and that they are in good standing with the Board. 17. W.H.M.I.S REQUIREMENTS The Lessee must supply a supplier label and appropriate Materiel Safety Data Sheet under the W.H.M.I.S. legislation and Hazardous Material Protection Act for all controlled products to be used in conjunction with the lease an operation of the Skate Shop. Any controlled goods supplied without appropriate data sheet and proper labeling will not be allowed on site and will be immediately removed by the Lessee from the premises. 18. INSURANCE The Lessee will maintain and pay for Commercial General Liability Insurance, which coverage shall include premises and all operations to be performed by the Lessee, his/her employees, and/or agents. This insurance coverage shall be subject to limits of not less than Five Million Dollars ($5,000,000.00) inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof for any one occurrence. The policy shall include The Corporation of the Town of Tillsonburg as an additional insured in respect of all operations performed by or on behalf of the Lessee. The Lessee shall be entirely responsible for the cost of any deductible. The Insurance Policy shall not be altered, cancelled or allowed to expire or lapse, without thirty (30) days prior written notice to the Lessor. 19. LOSS OR DAMAGES It is the Lessee’s responsibility to maintain appropriate controls over the storage and safekeeping of property belonging to the Lessee and/or their staff; including, but not limited to, all inventory and Page 108 of 123 5/7 monies maintained on the premises. The Lessor will not be liable for any loss or damage to the Lessee’s property stored on the premises, for any reason. The Lessee shall also indemnify and save harmless the Lessor from and against all claims, demands, loss, cost, damages, actions, suits or other proceedings by whomsoever made, brought or prosecuted by, or attributed to any such damages, injury or infringement as a result of activities under this Contract. 20. DAMAGE CLAIMS The Lessee shall be responsible for all damages caused by it, its employees, agents, any workers or persons employed by it, or under its control, or arising from the execution of the Work, or by reason of the existence, location, or condition of Work, or of any materials, plant or machinery used thereon or therein, or goods supplied in execution of the Contract, or which may happen by reason of their failure or the failure of those for whom they are responsible, to do or perform any or all of the several acts or things required to be done by them under the Contract. 21. INDEMNIFICATION The Lessee shall indemnify and save harmless the Lessor from and against all claims, demands, loss, cost, damages, actions, suits or other proceedings by whomsoever made, brought or prosecuted by, or attributed to any such damages, injury or infringement as a result of activities under this Contract. 22. EMERGENCY TELEPHONE NUMBER The Lessee shall provide the Lessor with the name(s) and telephone number(s) of his/her representative(s) who can be contacted on a 24-hour basis in case of an emergency during the term of the Contract. 23. TOWN NOT EMPLOYER The Lessee agrees that the Corporation of the Town of Tillsonburg is not to be understood as the employer to any successful Skate Shop operator nor to such Skate Shop operator’s personnel or staff for any work, service, or supply of any products or materials that may be part of this contract. 24. NON- TRANSFERRABLE This contract is not assignable, in whole or in part, except by written permission provided by the Town of Tillsonburg in their sole and absolute discretion. Execution of the “Skate Shop Agreement” is not to be deemed as reason for provision of preferential treatment to the Lessee in his/her use of the Tillsonburg Community Centre, nor is there to be any inference, that the Lessor is under an obligation to enter into any other agreements with the Lessee related to the Tillsonburg Community Centre. The Lessor will give equal consideration to all public users of the facility including the Lessee. Page 109 of 123 6/7 25. CHARACTER AND EMPLOYMENT OF WORKERS The Lessee shall employ only orderly, competent and skillful workers to ensure that the Skate Shop operations are carried out in a professional manner. In the event that any person employed by the Lessee in connection with the work arising out of this Contract gives, in the opinion of the Lessor, just cause for complaint, the Lessee upon notification by the Lessor in writing shall not permit such person to continue in any future work in conjunction with the Skate Shop. 26. TERMINATION OF THE CONTRACT FOR CAUSE In the event of any material default in this agreement by the Lessee that is within the reasonable control of the Lessee, the Lessor shall have the right to provide written notice of such default and demand that the deficiency of program be rectified within five (5) working days or such longer period as may be agreed upon by the Lessor. If the said default is not rectified or steps are not taken to rectify the situation according to the agreed upon plan, the Lessor shall be entitled to issue a written notice of termination for cause with no less than thirty (30) days’ notice and all monies outstanding shall be payable to the Lessor within thirty (30) days from termination. 27. INTERPRETATION The terms and provisions of the Agreement shall be in accordance with the laws of the Province of Ontario. 28. FORCE MAJEURE Neither party shall be held liable for non-performance or damages if caused by events of Force Majeure, which, without limiting the generality thereof, includes fires, floods, unusually severe weather or Acts of God, and are beyond the reasonable control of a party, provided same shall not apply to delay or excuse any financial obligation. 29. ACCESS The Lessee agrees to supply the Lessor with a key holder list for the Skate Shop to be used in the instance where access is needed into the Skate Shop for maintenance or emergency purposes. Page 110 of 123 7/7 IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals. SIGNED, SEALED AND DELIVERED in the Presence of THE CORPORATION OF THE TOWN OF TILLSONBURG STEPHEN B. MOLNAR DATE MAYOR DONNA WILSON DATE CLERK I have the authority to bind the corporation THE LESSEE: DOUG HOLMAN DATE OWNER I have the authority to bind the corporation Page 111 of 123 = ATTENDANCE Euclid Benoit, David Brandon, Dan Cameron, Jeff Dean, Valerie Durston, Deb Gilvesy, Geoffrey Lee, Jeffrey Miller, John Prno (departed at 6:50 p.m.), Mark Renaud, Jeremy Stockmans Staff: Annette Murray, Dan Locke, Amelia Jaggard (departed at 6:15 p.m.), Donna Wilson (departed at 6:15 p.m.) Guest: Chris Rosehart MEMBERS ABSENT/REGRETS None 1. Call to Order The meeting was called to order at 5:31 p.m. Donna Wilson, Town Clerk, acted as Chair of the meeting until the election of the new Committee Chair. 2. Adoption of Agenda Resolution #1 Moved By: John Prno Seconded By: Jeremy Stockmans THAT the Agenda as prepared for the Airport Advisory Committee meeting of February 21, 2019, be adopted. Carried. 3. Disclosures of Pecuniary Interest and the General Nature Thereof None Declared 4. Adoption of Minutes of Previous Meeting No minutes were approved as this is the first meeting of the newly constituted committee. The Corporation of the Town of Tillsonburg TILLSONBURG AIRPORT ADVISORY COMMITTEE Thursday, February 21, 2019 5:30 p.m. Tillsonburg Regional Airport Boardroom 244411 Airport Rd., South-West Oxford MINUTES Page 112 of 123 Tillsonburg Airport Advisory Committee Meeting Minutes, February 21, 2019 - 2 - 5. Delegations and Presentations None 6. General Business & Reports 6.1. Orientation Donna Wilson and Amelia Jaggard conducted a committee orientation including key procedural processes: • Explained pecuniary interest • Explained that committee meetings are public meetings • Publishing of the Agenda and Minutes • Mayor can attend as de facto member of all committees • Role of the Staff Liaison person • Meetings outside of meetings. Business should not be carried on outside of actual TAAC meetings. • Subcommittees can be created but a motion is required • Explained the Code of Conduct • Explained motions and amendments to motions • Explained when Closed Sessions should be held • Minutes go to the next scheduled Council meeting. 6.2. Election of Chair and Vice Chair Members of the Committee were polled for interest in the positions of Chair and Vice Chair, as well as duration of term. A one-year term was decided upon. Resolution # 2 Moved By: Deb Gilvesy Seconded By: Geoff Lee THAT Mark Renaud be appointed Chair of the Tillsonburg Airport Advisory Committee for a one-year term. Carried Resolution # 3 Moved By: John Prno Seconded By: Jeremy Stockmans THAT Euclid Benoit be appointed Vice-Chair of the Tillsonburg Airport Advisory Committee for a one-year term. Carried Page 113 of 123 Tillsonburg Airport Advisory Committee Meeting Minutes, February 21, 2019 - 3 - Donna Wilson turned over the meeting to Chair Mark Renaud. 6.2.1 Committee Secretary The need for a secretary was confirmed. Minutes are to be circulated to the Chair, Vice-Chair and Staff Liaison for review within 72 hours of completion of each meeting, and prior to distribution to all Committee members. Resolution # 4 Moved By: Jeremy Stockmans Seconded By: Deb Gilvesy THAT John Prno be appointed Secretary of the Tillsonburg Airport Advisory Committee for a one-year term. Carried 6.3 Summary of Previous Committee Initiatives Dan Locke reviewed the go-forward items referred on from the previous Committee. These included finalizing the Master Plan; Hydro Infrastructure Update; and Woodlot Removal to allow for a 5,000 foot runway. Dan noted that metering at the demarcation point to measure hydro consumption for the airport is a 2019 Budget item, but as yet unfunded. General discussion took place. It was noted that the Woodlot issue is not a real concern for the majority of airport users, and that the airport is not certified to the level that would require the neighbour to clear trees under federal requirements. The Committee consensus was that the priority was to do all that is necessary to build hangars this year, and that none of the above items impacted that priority. Deb Gilvesy noted that some of the items are being addressed in the 2019 Budget, and that sale of surplus airport lands will be used to aid economic development of the airport moving forward. 6.4 Discussion on Terms of Reference Deferred. 6.5 Discussion of OPS 19-01 Report Page 114 of 123 Tillsonburg Airport Advisory Committee Meeting Minutes, February 21, 2019 - 4 - Dan Locke presented a summary of the report on Airport Building Permits, and the action to support development activities at the airport in-house, approved by Council on January 28, 2019. Discussion took place. Resolution # 5 Moved By: Jeremy Stockmans Seconded By: Jeff Miller THAT “Past Practices” be used for the processing of hangar applications in 2019, until the new policy has been developed and put in practice. Carried Mark Renaud advised that he will meet with Dan Locke and the Town Building Inspector as soon as possible to resolve issues around building separation, fire walls, water source, etc., with the goal of returning to using “Past Practices”. Valerie Durston asked that the CAO of SWOX be included in the circulation of any documents since SWOX is no longer involved in the building inspection process. Dan Locke confirmed that he will inform his Director that communication to SWOX needs to occur, as it impacts the currrent practice, to ensure that the concern is taken to Senior Management for their action. Deb Gilvesy confirmed that Council has approved an extension of taxiway G3 which will accommodate the hangars being considered. Annette Murray will circulate the most current conceptual drawings including the G3 extension to the Committee members for clarification. Jeff Miller will have to resubmit his application for an extension to his hangar under the revised process. 7. Correspondence None 8. Other Business None Page 115 of 123 Tillsonburg Airport Advisory Committee Meeting Minutes, February 21, 2019 - 5 - 9. Closed Session None 10. Next Meeting In order to move forward on several issues, the Committee will meet monthly for the near future, and the Chair will contact members by e-mail to set a schedule of meetings. 11. Adjournment Resolution # 6 Moved By: Jeremy Stockmans Seconded By: Euclid Benoit THAT the Airport Advisory Committee Meeting of February 21, 2019 be adjourned at 8:00 p.m. Page 116 of 123 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4271 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 ‘EC-10’ the zone symbol of the lands so designated ‘EC-10’ on Schedule “A” attached hereto. 2. That Section 12.4 to By-Law Number 3295, as amended, is hereby further amended by adding the following at the end thereof: “12.4.10 LOCATION: SOUTHWEST CORNER OF WASHINGTON GRAND AVENUE AND BIDWELL STREET, LOTS 885 & 886, PLAN 500, EC-10 (KEY MAP 20) 12.4.10.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any EC-10 zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: a microbrewery; an eating establishment; a warehouse; all uses permitted in Table 12.1. 12.4.10.1.1 For the purposes of this subsection, a ‘microbrewery’ shall mean a building or part of a building, used for the small scale or independent manufacturing of specialty or craft beer, wine or spirits produced for retail sale and consumption on or off-site. A microbrewery may include a tied-house and may also operate in combination with a permitted bar or tavern or an eating establishment and retail accessory items. 12.4.10.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any EC-10 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 12.4.10.2.1 Lot Coverage and Rear Yard Depth Existing at the date of passing of this By-law, or as existing as a result of a decision of the Oxford County Land Division Committee. 12.4.10.3 That all of the provisions of the EC Zone in Section 12.2 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. READ a first and second time this 11th day of March, 2019. READ a third time and finally passed this 11th day of March, 2019. MAYOR – Stephen Molnar DEPUTY CLERK – Lana White Page 117 of 123 L O T 8 6 6 24.13 26.94 15.85WASHINGTON GRAND AVE BIDWELL STCOON ALLEYL O T 8 6 5 P L A N 5 0 0 40.60N37°33'00"W 24.75N52°27'30"E 51.05 LOT 865 AND PT OF LOT 866, PLAN 500TOWN OF TILLSONBURG AREA OF ZONE CHANGE TO EC-10 NOTE: ALL DIMENSIONS IN METRES MAYOR - Stephen Molnar DEPUTY CLERK - Lana White THIS IS SCHEDULE "A" TO BY-LAW No. 4271, PASSED THE 11th DAY OF MARCH, 2019 SCHEDULE "A" TO BY-LAW No. 4271 © 5 0 5 10 152.5 METRES Þ ÞÞPage 118 of 123 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4272 A BY-LAW to amend Zoning By-Law Number 4272, 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 ‘R3-15’ the zone symbol of the lands so designated ‘R3-15’ on Schedule “A” attached hereto. 2. That Section 8.6 to By-Law Number 3295, as amended is hereby further amended by adding the following: “8.6.15 LOCATION: EAST SIDE OF BROADWAY, PART LOT 85, LOT 86, Plan 500 R3-15 (Key Map 9) 8.6.15.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R3-15 Zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: a multiple unit dwelling. 8.6.15.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R3-15 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 8.6.15.2.1 LOT FRONTAGE Minimum 18.2 m (59.7 ft) 8.6.15.2.2 INTERIOR SIDE YARD WIDTH Minimum 2.15 m (7 ft) 8.6.15.2.3 NUMBER OF DWELLING UNITS Maximum 3 8.6.15.2.4 PARKING AISLE WIDTH Minimum 6.5 m (21.3 ft) 8.6.15.3 That all of the provisions of the R3 Zone in Section 8.2 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. READ a first and second time this 11th day of March, 2019. READ a third time and finally passed this 11th day of March, 2019. MAYOR – Stephen Molnar DEPUTY CLERK – Lana White Page 119 of 123 L O T 8 6 L O T 8 5 P A R T 34 1 R - 1 7 7 9 N 3 7 ° 4 6 ' 3 0 "W 1 8 . 2 9 N 3 7 ° 4 6 ' 3 0 "W 1 9 . 8 1 N52°14'00"E 54.86 N53°52'20"E 54.91 B R O A DW A Y L O T 8 5 A P L A N 5 0 0 LOT 85 AND PART OF LOT 86, PLAN 500PART 3, PLAN 41R-1779TOWN OF TILLSONBURG AREA OF ZONE CHANGE TO R3-15 NOTE: ALL DIMENSIONS IN METRES MAYOR - Stephen Molnar DEPUTY CLERK - Lana White THIS IS SCHEDULE "A" TO BY-LAW No. 4272, PASSED THE 11th DAY OF MARCH, 2019 SCHEDULE "A" TO BY-LAW No. 4272 © 5 0 5 10 152.5 METRES Page 120 of 123 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4279 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 ‘CC-4’ the zone symbol of the lands so designated ‘CC-4’ on Schedule “A” attached hereto. 2. That Section 13.3 to By-Law Number 3295, as amended is hereby further amended by the following: “13.3.4 LOCATION: EAST SIDE OF BIDWELL STREET, NORTH OF RIDOUT STREET WEST, Part Lots 888-890, Plan 500, CC-4 (Key Map 20) 13.3.4.1 Notwithstanding any provisions of this By-Law, no person shall within any CC-4 Zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: all uses permitted in Table 13.1. a single detached dwelling in accordance with the provisions contained in Section 7.2 of this By-Law 13.3.4.2 That all of the provisions of the CC Zone in Section 14.2 of this By- Law, as amended, shall apply; and further, that all other provisions of this By-Law, as amended, that are consistent with the provisions herein shall continue to apply mutatis mutandis.” 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 11th day of March, 2019. READ a third time and finally passed this 11th day of March, 2019. MAYOR – Stephen Molnar DEPUTY CLERK – Lana White Page 121 of 123 L O T 8 8 8 19.24 21.75 35.0035.00RIDOUT ST WBIDWELL STL O T 8 8 9 P L A N 5 0 0 PT OF LOTS 888 AND 889, PLAN 500TOWN OF TILLSONBURG AREA OF ZONE CHANGE TO CC-4 NOTE: ALL DIMENSIONS IN METRES MAYOR - Stephen Molnar DEPUTY CLERK - Lana White THIS IS SCHEDULE "A" TO BY-LAW No. 4279, PASSED THE 11th DAY OF MARCH, 2019 SCHEDULE "A" TO BY-LAW No. 4279 © 4 0 4 8 122 METRES Page 122 of 123 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4280 BEING A BY-LAW to confirm the proceedings of Council at its meeting held on the 11th day of March, 2019. 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 March 11, 2019, 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 11th DAY OF MARCH, 2019. READ A THIRD AND FINAL TIME AND PASSED THIS 11th DAY OF MARCH, 2019. ________________________________ MAYOR – Stephen Molnar ________________________________ DEPUTY CLERK – Lana White Page 123 of 123