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200623 Council MIN 1 MINUTES Tuesday, June 23, 2020 4:30 PM Electronic Meeting ATTENDANCE: Mayor Molnar Deputy Mayor Beres Councillor Esseltine Councillor Gilvesy Councillor Luciani Councillor Parker Councillor Rosehart Staff: Kyle Pratt, Chief Administrative Officer Michelle Smibert, Town Clerk Amelia Jaggard, Deputy Clerk _____________________________________________________________________ 1. Call to Order 2. Adoption of Agenda Resolution # 2020-305 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Agenda as prepared for the Council meeting of Tuesday, June 23, 2020, be adopted. Carried 3. Moment of Silence 4. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interest were declared. 2 5. Adoption of Council Minutes of Previous Meeting 6. Public Meetings Resolution # 2020-306 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council move into the Committee of Adjustment to hear applications for Minor Variance at 4:34 p.m. Carried 6.1 Application for Minor Variance A05-20 (Travalli Homes Limited) Mr. Gilbert provided an overview of the planning application. Council had no questions related to the application. Valerie Schmidt, agent for the applicant, noted they have reviewed the Planner's Report and noted that she is in agreement with the recommendation. Resolution # 2020-307 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT the Committee of Adjustment approve Application File A05-20, submitted by Travalli Homes Inc., for lands described as Lot 41, Plan 41M-143, Town of Tillsonburg, as it relates to: 1. Relief from Table 6.2 – R1A Zone Provisions, to reduce the minimum required exterior side yard width from 7.5 m (24.6 ft) to 6.42 m (21 ft), to facilitate the construction of a single detached dwelling. Subject to a building permit for the proposed dwelling being issued within one year of the date of the Committee's decision. Carried 6.2 Application for Minor Variance A06-20 (Leiher) The Planner provided an overview of the application to make an existing deck a covered deck. 3 The applicants, Renee and Harold Leiher noted they will work with the building department if the application is approved. There was no one in attendance to speak against the application. Resolution # 2020-308 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT the Committee of Adjustment approve Application File A06-20, submitted by Harold & Renee Leiher, for lands described as Part Lot 70, Plan 41M-182, Parts 50-53 of 41R-9347, Town of Tillsonburg, as it relates to: 1. Section 7.5.5.2.4 – Zone Provisions (R2-5) – Lot Coverage – to increase the maximum permitted lot coverage for all buildings from 50% to 55%; 2. Section 7.5.5.2.7 – Zone Provisions (R2-5) – Rear Yard – to reduce the required rear yard depth from 5.75 m (18.8 ft) to 3.25 m (10.6ft), to facilitate the construction of a covered deck on an existing deck at the rear of the single detached dwelling. Subject to the a building permit for the proposed covered deck being issued within one year of the date of the Committee's decision. Carried Resolution # 2020-309 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council move out of the Committee of Adjustment and move back into regular Council session at 5:46 p.m. Carried 6.3 Application for Zone Change ZN 7-20-03 (Oak Park Estates) The Planner provided an overview of the application. A Zoning application is needed to provide an easement for drainage works. The holding provision would indicate to the public that there is currently no servicing for these properties. Once the developer completes servicing and conditions then the holding symbol can be requested to be removed. 4 There was no one present to speak against the application. Resolution # 2020-310 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council approve the zone change application submitted by the Town of Tillsonburg, whereby the lands described as Lots 43-57 of Registered Plan 41M-143 and Lots 1, 3, 16, 27-62, 64-76, 78-92 of Registered Plan 41M-144, Town of Tillsonburg, be rezoned to ‘Low Density Residential – Type 1A Holding Zone (R1A-H) to implement Holding Provisions to ensure the orderly development of the lands. Carried 6.4 Applications for Consent and Zone Change B19-88-7 and ZN 7-19-15 (1967113 Ontario Inc.) The Planner provided an overview of the application. The retained lands will be developed. The zoning will permit residential development on a private street with phased registration of the condominium. The applicant has been working with the Conservation Authority so that there is no impact on the natural heritage features. The Planner is recommended that the applications be approved. Denis Brolese, planner and agent for the applicant asked for support of the application and noted they can answer any questions from Council. Amer Cengic, applicant and Montana Wilson of MTE Engineering was also present. Deputy Mayor Beres asked the engineer that the slope stability would be upheld to the 2020 industry standards. Ms. Willson noted that all guidelines were adhered to and noted that additional setbacks from slope were required. Jim Vantyghem, 57 Vienna Road, Tillsonburg, noted his concern with the natural drainage of water as his lot is lower than the proposed development. Ms. Wilson noted they have an obligation to collect all of the water produced by the site. She indicated that once the work has been completed, the drainage on his property should be improved. 5 Resolution # 2020-311 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council approve the zone change application submitted by 1967113 Ontario Inc. (Amer Cengic), whereby the lands described as Lots 1391 and Part Lots 1389-1390, Plan 500, in the Town of Tillsonburg, known municipally as 61 & 65 Vienna Road, are to be rezoned from ‘Low Density Residential – Type 2 Zone (R2)’ to ‘Special Low Density Residential – Type 3 Zone (R3-sp)’ to permit the development of 26 street fronting townhouse dwelling units, with a minimum width of 7.2 m (23.6 ft), accessed by a private driveway, and to permit a reduction to the required lot frontage of 8.4 m (27.5 ft) for the lot to be retained; AND THAT Council approve a zone change for the western portion of the lot to be retained on the lands described as Lot 1391 and Part Lots 1389 - 1390, Plan 500, in the Town of Tillsonburg, known municipally as 61 & 65 Vienna Road, to be rezoned from ‘Low Density Residential – Type 2 Zone (R2)’ to ‘Passive Use Open Space (OS1)’; AND FURTHER THAT Council advise the Land Division Committee that it is in favour of the proposal to sever the subject property, subject to the conditions contained in Report 2020-25. Carried 6.5 Applications for Consent & Zone Change B20-12-13-14-7 & ZN 7-20- 02 (Hiebert and Peters) The Planner provided an overview of the application. The proposal included the creations of three properties. The lands were originally intended for commercial development. Andrew Gilvesy, agent for the two owners of the property spoke in support of the planners recommendation. The development will generally conform with the existing residential development. The developer will abide by the restrictive covenants of the developer for the subdivision. Henry Janzen, 77 Woodland Crescent, Tillsonburg, noted if the development would be to the same standard as the existing standard. The planner noted that the lot sizes would be consistent with what is in the area. Mr. Gilvesy noted that the applicants would conform to the restrictive covenants as it relates to home size and lot coverage. 6 Resolution # 2020-312 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council approve-in-principle the zone change application submitted by Jacob Hiebert and John Peters, whereby the lands described as Lot 86, Plan 41M-139, in the Town of Tillsonburg, known municipally as 79 Woodland Crescent are to be rezoned from ‘Neighbourhood Commercial Zone (NC)’ to ‘Special Low Density Residential – Type 2 Zone (R2-sp)’ to permit the development of two single detached dwellings and two semi - detached dwellings with reduced rear yard depths, increased maximum lot coverage, and reduced exterior side yard widths. AND THAT Council advise the Land Division Committee that the Town is in favour of the proposals to sever the subject property, subject to the conditions contained in Report CP 2020-146. Carried 7. Planning Applications 8. New Business 9. Motions/Notice of Motions 10. Resolutions/Resolutions Resulting from Closed Session 11. By-Laws 11.1 By-Law 2020-063, to amend Zoning By-Law Number 3295 (ZN 7-20- 03) 11.2 By-Law 2020-064, to amend Zoning By-Law Number 3295 (ZN 7-19- 15) Resolution # 2020-313 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT By-Law 2020-063, to amend Zoning By-Law Number 3295 (ZN 7- 20-03); and By-Law 2020-064, to amend Zoning By-Law Number 3295 (ZN 7-19-15), 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. 7 Carried 12. Confirm Proceedings By-law Resolution # 2020-314 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT By-Law 2020-061, to Confirm the Proceedings of the Council Meeting held on June 23, 2020, 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 13. Items of Public Interest 14. Adjournment Resolution # 2020-315 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT the Council Meeting of Tuesday, June 23, 2020 be adjourned at 5:32 p.m. Carried