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200623 Regular Council Meeting Agenda
The Corporation of the Town of Tillsonburg COUNCIL MEETING AGENDA Tuesday, June 23, 2020 4:30 PM Electronic Meeting 1.Call to Order 2.Adoption of Agenda Proposed Resolution #1 Moved By: ________________ Seconded By: ________________ THAT the Agenda as prepared for the Council meeting of Tuesday, June 23, 2020, be adopted. 3.Moment of Silence 4.Disclosures of Pecuniary Interest and the General Nature Thereof 5.Adoption of Council Minutes of Previous Meeting 6.Public Meetings Proposed Resolution #2 Moved By: ________________ Seconded By: ________________ THAT Council move into the Committee of Adjustment to hear applications for Minor Variance at ___ p.m. 6.1 Application for Minor Variance A05-20 (Travalli Homes Limited) Proposed Resolution #3 Moved By: ________________ Seconded By: ________________ 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: 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. 1. Subject to a building permit for the proposed dwelling being issued within one year of the date of the Committee's decision. 6.2 Application for Minor Variance A06-20 (Leiher) Proposed Resolution #4 Moved By: ________________ Seconded By: ________________ 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: 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%; 1. 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. 2. Subject to the a building permit for the proposed covered deck being issued within one year of the date of the Committee's decision. Proposed Resolution #5 Moved By: ________________ Seconded By: ________________ THAT Council move out of the Committee of Adjustment and move back into regular Council session at ____ p.m. 6.3 Application for Zone Change ZN 7-20-03 (Oak Park Estates) Proposed Resolution #6 Moved By: ________________ Seconded By: ________________ 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) Page 2 of 105 to implement Holding Provisions to ensure the orderly development of the lands. 6.4 Applications for Consent and Zone Change B19-88-7 and ZN 7-19-15 (1967113 Ontario Inc.) Proposed Resolution #7 Moved By: ________________ Seconded By: ________________ 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. 6.5 Applications for Consent & Zone Change B20-12-13-14-7 & ZN 7-20-02 (Hiebert and Peters) Proposed Resolution #8 Moved By: ________________ Seconded By: ________________ 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. Page 3 of 105 7.Planning Applications 8.New Business 9.Motions/Notice of Motions 10.Resolutions/Resolutions Resulting from Closed Session 11.By-Laws 11.1 A By-Law to amend Zoning By-Law Number 3295 (ZN 7-20-03) 11.2 A By-Law to amend Zoning By-Law Number 3295 (ZN 7-19-15) Proposed Resolution #9 Moved By: ________________ Seconded By: ________________ THAT a By-Law to amend Zoning By-Law Number 3295 (ZN 7-20-03); and A By-Law 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. 12.Confirm Proceedings By-law Proposed Resolution #10 Moved By: ________________ Seconded By: ________________ 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. 13.Items of Public Interest 14.Adjournment Proposed Resolution #11 Moved By: ________________ Seconded By: ________________ THAT the Council Meeting of Tuesday, June 23, 2020 be adjourned at ______ p.m. Page 4 of 105 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: A05-20 APPLICATION FOR MINOR VARIANCE TO: Town of Tillsonburg Committee of Adjustment MEETING: June 23, 2020 REPORT NUMBER: 2020-141 OWNER/ APPLICANT: Travalli Homes Limited 35 Harvard Road, PO Box 21009, Guelph ON, N1G 3A2 AGENT: Valerie Schmidt, MCIP RPP GSP Group Inc. 72 Victoria Street South, Unit 201, Kitchener ON, N2G 4Y9 REQUESTED VARIANCE: 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. LOCATION: The subject property is described as Lot 41, Plan 41M-143 in the Town of Tillsonburg. The property is located on the west side of Beech Boulevard, between Sycamore Drive and William Street and is municipally known as 84 Beech Boulevard. 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 : Special Low Density Residential Type 1A Zone (R1A-23) Page 5 of 105 File Number: A05-20 Report Number 2020-141 Page 2 SURROUNDING USES: Low density residential uses, consisting of single detached dwellings at various stages of development to the north, south and east, and existing agricultural lands to the west (in the Township of South-West Oxford). COMMENTS: (a) Purpose of the Application: The applicants are requesting relief from the above noted provision of the Town Zoning By-law to facilitate the construction of a single detached dwelling. The lands to the south are intended to be a future road allowance to the abutting lands to the west that are within the Township of South- West Oxford, and as such, the subject lands are considered a corner lot notwithstanding the absence of a municipal road. The subject lands are approximately 747 m2 (8,040 ft2) in area, fronting on Beech Boulevard and are currently vacant, but a single detached dwelling is proposed for the property. Surrounding land uses are predominately comprised of vacant residential lands to the south and east, with existing single detached dwellings to the north and agricultural lands to the west, located in the Township of South-West Oxford. Plate 1, Location Map with Existing Zoning, shows the location of the subject property and the zoning in the immediate vicinity. Plate 2, Close-up of Subject Lands (2015 Air Photo), provides an aerial view of the vacant subject lands and surrounding area, as it existed in 2015. Plate 3, Applicant’s Sketch, shows the dimensions and setbacks of the subject lands in relation to the registered subdivision. (b) Agency Comments: The application was circulated to a number of public agencies. No comments were received in response to the agency circulation. (c) Public Consultation: Public Notice was provided to surrounding property owners on June 9, 2020 in accordance with the requirements of the Planning Act. 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. Page 6 of 105 File Number: A05-20 Report Number 2020-141 Page 3 (e) Intent and Purpose of the Zoning By-law: The subject property is currently zoned ‘Special Low Density Residential – Type 1 Zone (R1A- 23)’, according to the Town of Tillsonburg Zoning By-law. Permitted uses within the ‘R1A-23’ zone include a single detached dwelling. The ‘R1A-23’ zone requires a minimum rear yard depth of 9 m (29.52 ft), minimum front yard depth of 6.0 m (19.68 ft), and minimum exterior side yard width of 7.5 m (24.6 ft). The ‘R1A-23’ zone also permits a maximum lot coverage of 35% for all buildings and structures and requires a minimum interior side yard width of 3 m (9.8 ft) on one side and 1.2 m (3.8 ft) on the other where an attached garage is not present. The applicants are proposing to reduce the minimum exterior side yard width from 7.5 m (24.6 ft) to 6.42 m (21 ft) to accommodate their proposed dwelling design. It is the intent of the minimum exterior side yard width requirement to ensure that dwellings are situated an appropriate distance from the street to allow for normal use and maintenance of the road allowance, and to ensure that there are no impacts to intersection sightlines. Planning staff are satisfied that the requested reduction to the required exterior side yard width will continue to ensure sufficient setback between the public right of way, future road allowance and private development. The future road allowance and Beech Boulevard will both be local roadways and no impact to future road maintenance activities is expected. (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. Planning staff are satisfied that the requested relief can be considered minor and 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 and future development in the area. The construction of the road allowance to the south would only occur if the adjacent lands in the Township of South- West Oxford were annexed by the Town of Tillsonburg and are re-designated for residential development. Further, no comments of concern have been received from any of the neighbouring property owners or public agencies circulated. 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 can be given favourable consideration. RECOMMENDATION: That the Town of Tillsonburg 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. Page 7 of 105 File Number: A05-20 Report Number 2020-141 Page 4 Subject to the following condition: i. A building permit for the proposed dwelling shall be issued within one year of the date of the Committee's decision. 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: Eric Gilbert, MCIP, RPP, Senior Planner Approved for submission by: Gordon K. Hough, RPP, Director Page 8 of 105 File Number: A05-20 Report Number 2020-141 Page 5 Report Approval Details Document Title: A05-20t_rpt.docx Attachments: - Report Attachments.pdf - a05-20t_appl-20200303.pdf - a05-20t_appl-let-20200303.pdf Final Approval Date: Jun 18, 2020 This report and all of its attachments were approved and signed as outlined below: Kyle Pratt - Jun 18, 2020 - 5:07 AM Page 9 of 105 June 9, 2020 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 1020 Notes NAD_1983_UTM_Zone_17N 51 Meters Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) Plate 1: Location Map with Existing Zoning File No: A05-20: Travalli Homes Limited Lot 41, Plan 41M-143, 84 Beech Boulevard, Tillsonburg Lands Located in the Township of South-West Oxford Subject Lands Sycamore Drive Beech Boulevard William Street Hemlock Drive Page 10 of 105 June 9, 2020 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 Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) Plate 2: Close-up of Subject Lands (2015 Air Photo) File No: A05-20: Travalli Homes Limited Lot 41, Plan 41M-143, 84 Beech Boulevard, Tillsonburg Beech Boulevard Sycamore Drive Subject Lands Lands Located in the Township of South-West Oxford Page 11 of 105 Plate 3: Applicant's Sketch File No: A05-20: Travalli Homes Limited Lot 41, Plan 41M-143, 84 Beech Boulevard, Tillsonburg Page 12 of 105 000250232 Page 13 of 105 Page 14 of 105 Page 15 of 105 Page 16 of 105 Page 17 of 105 Page 18 of 105 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: A06-20 APPLICATION FOR MINOR VARIANCE TO: Town of Tillsonburg Committee of Adjustment MEETING: June 23, 2020 REPORT NUMBER: 2020-144 OWNERS/ APPLICANTS: Harold & Renee Leiher 24 Esseltine Drive, Tillsonburg ON, N4G 0C3 REQUESTED VARIANCES: 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. LOCATION: The subject property is described as Part Lot 70, Plan 41M-182, Parts 50-53 of 41R-9347 in the Town of Tillsonburg. The property is located on the north side of Esseltine Drive, between Weston Drive and Hogarth Drive and is municipally known as 24 Esseltine 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 : Special Low Density Residential Type 2 Zone (R2-5) Page 19 of 105 File Number: A06-20 Report Number 2020-144 Page 2 SURROUNDING USES: Predominately low density residential uses to the east, west and south, and an existing institutional use to the north (Westfield Public School). COMMENTS: (a) Purpose of the Application: The applicant is requesting relief from the above-noted sections of the Town Zoning By-law to facilitate the construction of a covered deck on an existing deck on the subject lands. Specifically, the applicants are proposing to convert the existing deck to a covered deck, approximately 7.34 m (24.1 ft) x 3.23 m (10.6 ft) in size. The subject property is approximately 377.3 m2 (4,061.2 ft2) in size, with approximately 13.7 m (45 ft) of frontage on Esseltine Drive. The subject lands contain an existing single detached dwelling (circ. 2017), with attached garage and are located immediately south of Westfield Public School. The property was created through a plan of subdivision, known as Baldwin Place. Plate 1, Location Map with Existing Zoning, shows the location of the subject property and the zoning in the immediate vicinity. Plate 2, Close-up of Subject Lands (2015 Air Photo) provides an aerial view of the vacant subject lands (as they existed in 2015). Plate 3, Applicants’ Sketch, shows the location, size and setbacks of the existing dwelling and proposed covered deck on the subject lands. (b) Agency Comments: The application was circulated to a number of public agencies. No comments were received from the agency circulation. (c) Public Consultation: Public Notice was provided to surrounding property owners on June 9, 2020 in accordance with the requirements of the Planning Act. 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. Page 20 of 105 File Number: A06-20 Report Number 2020-144 Page 3 (e) Intent and Purpose of the Zoning By-law: The subject property is zoned ‘Special Low Density Residential Type 2 Zone (R2-5)’, which permits the development of single detached dwellings, subject to a number of site specific development criteria, such as minimum lot frontage, lot area, lot depth and rear yard depth. The R2-5 zone requires a minimum rear yard depth of 5.75 m (18.8 ft) and a maximum lot coverage of 50%. The intent of the rear yard depth provision is to ensure that single detached dwellings maintain adequate setback to provide a buffer between neighbouring properties, and to maintain sufficient space for recreation and amenity areas. Rear yard space is also required to be maintained for drainage purposes. The intent 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 provision is also intended to ensure that the general scale of development is consistent and appropriate for the size of the lot. In this case, it is not anticipated that the reduced rear yard depth or increased lot coverage will have a negative impact on available amenity area of the subject lands, or the necessary lot grading and drainage provisions. The proposed development will cover an existing deck and will provide suitable amenity space for the occupants of the dwelling. A lot grading plan will be reviewed as part of the building permit process to ensure the proposal will have no adverse drainage impacts on neighbouring property owners, and that required drainage swales and easements can be appropriately accommodated. (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 amenity space, or negatively impact drainage or overall subdivision stormwater management design, the requested relief can be considered minor. Further, Staff are satisfied that the proposed relief will add value to the residential dwelling on the subject lands without creating an undesirable precedent for similarly zoned lands in the area and the proposed development will be in keeping with the character of similar type development in the Baldwin Place community and will not have adverse impacts on surrounding lands uses. 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 can be given favourable consideration. Page 21 of 105 File Number: A06-20 Report Number 2020-144 Page 4 RECOMMENDATION: That the Town of Tillsonburg 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 following condition: i. A building permit for the proposed covered deck shall be issued within one year of the date of the Committee's decision. As the proposed variances are: (i) minor variances 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: Eric Gilbert, MCIP, RPP Senior Planner Approved for submission by: Gordon K. Hough, RPP Director Page 22 of 105 File Number: A06-20 Report Number 2020-144 Page 5 Report Approval Details Document Title: A06-20t_rpt.docx Attachments: - Report Attachments.pdf - a06-20t_appl-20200601.pdf Final Approval Date: Jun 18, 2020 This report and all of its attachments were approved and signed as outlined below: Kyle Pratt - Jun 18, 2020 - 5:08 AM Page 23 of 105 June 10, 2020 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 510 Notes NAD_1983_UTM_Zone_17N 26 Meters Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) Subject Lands Westfield Public School Plate 1: Location Map with Existing Zoning File No: A06-20: Harold & Renee Leiher Part Lot 70, Plan 41M-182, Parts 50-53 of 41R-9347, 24 Esseltine Drive, Tillsonburg Page 24 of 105 June 10, 2020 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 Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) Plate 2: Close-up of Subject Lands (2015 Aerial Map) File No: A06-20: Harold & Renee Leiher Part Lot 70, Plan 41M-182, Parts 50-53 of 41R-9347, 24 Esseltine Drive, Tillsonburg Westfield Public School Subject Lands Page 25 of 105 Plate 3: Applicants' Sketch File No: A06-20: Harold & Renee Leiher Part Lot 70, Plan 41M-182, Parts 50-53 of 41R-9347, 24 Esseltine Drive, Tillsonburg Page 26 of 105 A06-20000251146 Page 27 of 105 Page 28 of 105 Page 29 of 105 Page 1 of 8 Report No: CP 2020-104 COMMUNITY PLANNING Council Date: June 23, 2020 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community Planning Application for Zone Change ZN 7-20-03 – Town of Tillsonburg (Oak Park Estates) REPORT HIGHLIGHTS The purpose of the proposed zone change application to apply a holding provision to the unserviced registered lots within a plan of subdivision known as Oak Park Estates. Approximately 82 registered lots are present in the development, with 19 of them being held in separate ownership from the subdivision developer. Three lots within the 2019 Phase of Oak Park Estates, which included the extension of Beech Boulevard, are separately owned. It is recommended that holding provisions be applied to all of the remaining lots in the subdivision plan, to ensure that any required easements and appropriate development agreements are place for the orderly development of the lands prior to building permit issuance. DISCUSSION Background LOCATION: The subject lands are legally described as Lots 43-57 inclusive of Registered Plan 41M-143 and Lots 1, 3, 16, 27-62, 64-76, 78-92 inclusive of Registered Plan 41M-144, Town of Tillsonburg. The subject properties have frontage on Beech Boulevard, Walnut Drive, Hemlock Drive, Sycamore Drive, Magnolia Court and Concession Street West. COUNTY OF OXFORD OFFICIAL PLAN: Schedule “T-1” Schedule “T-2” Town of Tillsonburg Land Use Plan Town of Tillsonburg Residential Density Plan Residential Low Density Residential Page 30 of 105 Report No: CP 2020-104 COMMUNITY PLANNING Council Date: June 23, 2020 Page 2 of 8 TOWN OF TILLSONBURG ZONING BY-LAW NO. 3295: Existing Zoning: Low Density Residential Type 1A Zone (R1A) Proposed Zoning: Low Density Residential – Type 1A Holding Zone (R1A-H) PROPOSAL: The Oak Park Estates plan of subdivision was draft approved and registered in its entirety in 1994. The original developer entered into a subdivision agreement to develop the lots (construction of single detached homes) including the construction of streets, sewers, water and other infrastructure in a phased manner. Some of the phases were developed, however a significant area of the subdivision remains undeveloped. Consequently, there are a number of lots that have been created that do not front on an improved street, and have no water, sanitary, or municipal storm services. For reasons unknown, the original developer was unable to continue the development of the subdivision beyond the initial phases noted above and, at some point, a number of lots were transferred to individuals pursuant to tax sales under the Municipal Act. Of the total number of vacant lots remaining in the development (109), 19 are held in separate ownership from the current owner of the subdivision. The current developer has completed a number of phases, including phases in 2002, 2008 & 2012 which involved the construction of William Street and the northern portion of Beech Boulevard, including all municipal services. The current developer has also recently constructed the extension of Beech Boulevard to Concession Street West. In 2018, Town Council adopted By-Law 4220, being a Local Services By-Law that introduced a Special Local Municipal Levy to front-end the servicing costs for the 19 lots that were not owned by the developer. The By-law allows the Town to pay the developer who installs the services up- front, and recover the costs from the individual owners on a pro-rated basis when the streets are constructed and municipal services provided to the individual lots. Plate 1, Location Map with Zoning, shows the location of the plan of subdivision and the existing zoning in the immediate vicinity. Plate 2, 2015 Aerial Map, provides an aerial view of the remaining lands in the Oak Park Estates subdivision. Plate 3, Ownership of Lands, shows the lots that are owned by the developer and other individuals. Page 31 of 105 Report No: CP 2020-104 COMMUNITY PLANNING Council Date: June 23, 2020 Page 3 of 8 Application Review PROVINCIAL POLICY STATEMENT: The 2020 Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Under Section 3 of the Planning Act, where a municipality is exercising its authority affecting a planning matter, such decisions shall be consistent with all policy statements issued under the Act. Section 1.1.1 of the PPS Provides that healthy, liveable and safe communities are sustained by: a) promoting efficient development and land use patterns which sustain the financial well- being of the Province and municipalities over the long term; b) accommodating an appropriate affordable and market-based range and mix of residential types (including single-detached, additional residential units, multi-unit housing, affordable housing and housing for older persons), employment (including industrial and commercial), institutional (including places of worship, cemeteries and long-term care homes), recreation, park and open space, and other uses to meet long-term needs; c) avoiding development and land use patterns which may cause environmental or public health and safety concerns; d) avoiding development and land use patterns that would prevent the efficient expansion of settlement areas in those areas which are adjacent or close to settlement areas; e) promoting the integration of land use planning, growth management, transit-supportive development, intensification and infrastructure planning to achieve cost -effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs; f) improving accessibility for persons with disabilities and older persons by addressing land use barriers which restrict their full participation in society; g) ensuring that necessary infrastructure and public service facilities are or will be available to meet current and projected needs; h) promoting development and land use patterns that conserve biodiversity; and i) preparing for the regional and local impacts of a changing climate. 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. Section 1.6.6.1 of the PPS provides that planning for sewage and water services shall integrate servicing and land use considerations at all stages of the planning process. Page 32 of 105 Report No: CP 2020-104 COMMUNITY PLANNING Council Date: June 23, 2020 Page 4 of 8 OFFICIAL PLAN: The subject lands are designated ‘Residential’ and ‘Low Density Residential’ according to the Land Use Plan and Residential Density Plan for the Town of Tillsonburg, as contained in the County of Oxford Official Plan. Low density residential areas are those lands that are primarily developed or planned for a variety of low-rise, low density housing forms including both executive and smaller single-detached dwellings, semi-detached, duplex and converted dwellings, street- fronting townhouses and other, similar development. Within areas designated Low Density Residential, it is intended that there will be a mixing and integration of different forms of housing to achieve a low overall density of use. The policies of Section 8.2 (Town of Tillsonburg Housing Development and Residential Areas) promote the accommodation of present and future demand for housing in Tillsonburg through the efficient use of vacant residentially-designated lands, underutilized parcels in built-up areas and existing housing stock in all neighbourhoods. The policies of Section 10.3.7 (Holding Zones) provides that Town Council may pass use the Holding Zone in conjunction with any zone in the Zoning By-Law. The holding symbol specifies that the development of these lands is considered premature or inappropriate for immediate development. Town Council may apply a Holding symbol in conjunction with the zoning by-law in one or more of the following circumstances: Where industrial or commercial development on private or partial services is proposed in a Large Urban Centre. Where existing infrastructure services and facilities such as sanitary sewers, stormwater management facilities, water supply, roads, parks, schools, and community support services have been determined to have insufficient capacity to serve the proposed development, the holding zone can be used to prevent the development from proceeding until necessary improvements are made. Where the submission and acceptance of secondary plans, area plans or issue based studies as required by the Offcial Plan is required prior to development or where support studies such as traffic impact analysis or market analysis are required, To ensure that natural or specific natural features are effectively mitigated consistent with the policies of Section 3.2, prior to development. To ensure that the location of natural resources such as mineral aggregates is identified in the Zoning By-Law of the Area Municipality. Where it is necessary to require the phasing of an overall development to ensure logical or orderly land use, to mitigate impacts or to secure commitments consistent with the policies of the Official Plan. Where development is contingent upon other related matters occurring first, such as the consolidation of land ownership to ensure orderly development and phasing of the project to secure funding agreements on necessary infrastructure or services. Where transportation facilities have inadequate capacity and/or would be of an inappropriate function relative to the proposed land use and anticipated type and volume of traffic generated. In order to achieve the construction and desirable distribution of affordable housing throughout a development. Holding provisions may be applied municipally wide, to portions of the municipality such as servicing catchment areas, drainage sheds or flood plans as well as on a site specific basis. Page 33 of 105 Report No: CP 2020-104 COMMUNITY PLANNING Council Date: June 23, 2020 Page 5 of 8 Removal of the Holding Provision may occur once conditions have been satisfied, including satisfying appropriate financial and servicing requirements of the municipality, approval of studies and the signing of necessary agreements under the provisions of the Planning Act. TOWN OF TILLSONBURG ZONING BY-LAW: The subject properties are zoned Low Density Residential Type 1A Zone ‘(R1A)’. The R1A zone permits a single detached dwelling, home occupation and accessory uses thereto, subject to the zoning provisions outlined in Section 6.2. The provisions of the R1A Zone require a minimum lot area of 375 m2 (4,036.6 ft2) and a minimum lot frontage of 12.5 m (41 ft) for an interior lot, as well as a minimum lot depth of 30 m (98.4 ft ). The vacant lots within the OakPark Estates subdivision meet the minimum requirements of the ‘R1A’ zone for the development of one single detached dwelling per lot. Section 6.4.1 provides that the purpose of Holding Provision is to ensure the orderly development of the lands and the adequate provision of municipal services. No interim uses are permitted without lifting the Holding Provision, unless otherwise stated in a special provision. AGENCY COMMENTS: The application was circulated to various public agencies considered to have an interest in the proposal. The Tillsonburg Building Services Department, and Town Engineering Services Department indicated they support the application to introduce holding provisions on the subject lands. Tillsonburg Fire and the Oxford County Public Works Department have indicated they have no comments or concerns with the proposal. PUBLIC CONSULTATION: Notice of complete application and notice of public meeting regarding this application was circulated to surrounding property owners on March 13, 2020 and June 2, 2020. As of the writing of this report, two inquiries were received from individual lot owners, however no concerns were expressed. Planning Analysis Through the review of the detailed engineering design and subdivision lot grading plan for the latest phase of OakPark Estates, it has come to the attention of Town and County staff that 3 of the lots that were recently serviced in the current phase that are not owned by the developer are located in areas that require rear yard drainage swales and are included in areas that require drainage easements to be registered in favour of the Town. As these lands are in separate ownership, the current developer is unable to secure these drainage easements as required by the provisions of the Town’s current subdivision agreement. To ensure that the owners of these lots and other privately owned lots will provide the required easements to implement the overall subdivision design, and to ensure that the required subdivision agreement is registered on title prior to the issuance of a building permit, Staff recommend that holding provisions be introduced on these lots. The holding provisions would be recommended for removal once the property owner has provided proof of registration of the Page 34 of 105 Report No: CP 2020-104 COMMUNITY PLANNING Council Date: June 23, 2020 Page 6 of 8 required easements, and has entered into a subdivision agreement with the Town and County to ensure that the overall design for the development is adhered to. It is also recommended that the holding provision be placed on all remaining unserviced lots in the OakPark Estates subdivision, and the three privately owned lots fronting onto Beech Boulevard. This approach would have a number of benefits as identified below: Holding provisions would publicly identify that services are not available for the lots. Currently, Town and County staff field a significant number of calls for information from the public when one of the registered lots is offered for sale. Potential purchasers typically assume that the lot is fully serviced, as it is standard practice that only serviced lots are registered. Staff have been advising potential purchasers that the lots are un-serviced, there is no immediate timetable for servicing, and are not able to obtain a building permit, notwithstanding that they are legally conveyable lots. A holding provision would be a public ‘flag’ that would disclose the lots are not eligible for a building permit. Holding provisions would ensure that similar to any other development in Town, a building permit would not be issued until the applicant enters into a development agreement with the Town and County and proof is provided that the agreement has been registered on title; Holding provisions would ensure that, similar to any other development in Town, any required easements for drainage or servicing are provided to the Town and County in accordance with the approved design of the subdivision; Holding provisions would ensure that in the vacant lots are treated in a similar fashion to other vacant draft plans of subdivision that have holding provisions in place to ensure that appropriate development agreements are in place, and adequate servicing capacity is available to service the development. Holding provisions could be used to ensure that the outstanding financial obligations arising from the adopted Special Services By-Law have been met prior to Building Permit issuance. The use of Holding Provisions is regulated by Sections 34 & 36 of the Planning Act. Holding provisions are an administrative tool that prevents the issuance of building permits until they are removed. Holding provisions are typically used for phasing in draft plans of subdivision, to manage water and wastewater servicing capacity, and to ensure that appropriate development agreements are in place prior to building permit issuance. The Town has regularly used Holding Provisions in new draft plans of subdivision. It is expected that once the individual owner of each lot has entered into the appropriate development agreements, any required easements have been provided, and confirmation of payment for servicing has been received that a staff report would come to Council recommending that the holding provisions be removed. Lots owned by the developer would have the holding provision lifted for each phase once the required capital servicing works have been constructed and inspected, subdivision agreements have been registered, and required easements have been registered. Planning staff are of the opinion that the implementation of Holding Provisions for the vacant unserviced lots within the OakPark Estates subdivision is consistent with the policies of the Provincial Policy Statement respecting orderly development within settlement areas, and is consistent with the Official Plan policies respecting the use of Holding Provisions. Page 35 of 105 Report No: CP 2020-104 COMMUNITY PLANNING Council Date: June 23, 2020 Page 7 of 8 Based on the foregoing, it is the opinion of this office that the proposed zone change to implement a holding provision on the vacant unserviced lots and privately owned lots within the OakPark Estates subdivision is appropriate from a planning perspective and should be given favourable consideration. RECOMMENDATION 1. It is recommended that the Council of the Town of Tillsonburg 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. SIGNATURES Authored by: Eric Gilbert, MCIP, RPP Senior Planner Approved for submission: Gordon K. Hough, RPP Director Page 36 of 105 Report No: CP 2020-104 COMMUNITY PLANNING Council Date: June 23, 2020 Page 8 of 8 Report Approval Details Document Title: ZN 7-20-03_ Report.docx Attachments: - Report Attachments.pdf - 7-20-03_appl-20200213.pdf Final Approval Date: Jun 18, 2020 This report and all of its attachments were approved and signed as outlined below: Kyle Pratt - Jun 18, 2020 - 5:06 AM Page 37 of 105 November 18, 2019 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 2050 Notes NAD_1983_UTM_Zone_17N 102 Meters Environmental Protection Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) Plate 1- Location Map with Existing Zoning File No. ZN 7-20-03- Town of Tillsonburg 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 Page 38 of 105 November 18, 2019 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 2050 Notes NAD_1983_UTM_Zone_17N 102 Meters Environmental Protection Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) Plate 2- 2015 Aerial Map File No. ZN 7-20-03- Town of Tillsonburg 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 Page 39 of 105 2019 Phase Sycamore Drive Hemlock Drive Magnolia Court Walnut Drive Beech Boulevard Concession St W William Street Plate 3- Ownership of Lands File No. ZN 7-20-03- Town of Tillsonburg 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 Page 40 of 105 ZN 7-20-03 Feb. 13/20 Page 41 of 105 Page 42 of 105 Page 43 of 105 Page 44 of 105 Report No: CP 2020-25 COMMUNITY PLANNING Council Meeting: June 23, 2020 Page 1 of 13 To: Mayor and Members of Tillsonburg Council From: Heather St. Clair, Development Planner, Community Planning Applications for Consent & Zone Change B19-88-7 & ZN 7-19-15 – 1967113 Ontario Inc. REPORT HIGHLIGHTS The purpose of this application is to create one new residential lot for a single detached dwelling with frontage on Vienna Road, and retain lands for the development of 26 townhouse dwelling units, which will be accessed from Vienna Road via a private road. An application for zone change has been received to rezone the property from ‘Low Density Residential – Type 2 Zone (R2)’ to ‘Special Low Density Residential – Type 3 Zone (R3- sp)’ to allow for the proposed townhouse dwelling units, and a site specific provision has been sought to permit the development of a single detached dwelling on the lot to be severed. Special provisions will be required to facilitate the proposed development, including a reduction to the required lot frontage for the development of the proposed townhouse dwelling units on the lot to be retained. Planning staff are recommending approval of the applications, as they are consistent with the Provincial Policy Statement and generally maintain the intent and purpose of the Official Plan. However, staff are recommending that the lot to be severed remain zoned as ‘Low Density Residential – Type 2 Zone (R2)’ to reflect the use of the lands for a single detached dwelling, which has recently been constructed. DISCUSSION Background OWNER: 1967113 Ontario Inc. (Amer Cengic) 35 Harwood Street, Innerkip ON, N0J 1M0 AGENT: Denis Brolese 230 Orchard Road, Woodstock ON, N4S 7N8 LOCATION: The subject lands are described as Lot 1391 and Part Lots 1389 & 1390, Plan 500, in the Town of Tillsonburg. The subject property is located on the west side of Vienna Road, between Lincoln Street and Town Line Road, and is municipally known as 61 & 65 Vienna Road, Tillsonburg. Page 45 of 105 Report No: CP 2020-25 COMMUNITY PLANNING Council Meeting: June 23, 2020 Page 2 of 13 COUNTY OF OXFORD OFFICIAL PLAN: OXFORD NATURAL HERITAGE SYSTEMS STUDY: Significant Ecologically Important Woodlands (western portion) Significant Valleylands (western portion) Non-Provincially Significant Wetlands (northwest portion) TILLSONBURG ZONING BY-LAW NO. 3295: Existing Zoning: Lands to be Severed: Low Density Residential – Type 2 Zone (R2) Lands to be Retained: Low Density Residential – Type 2 Zone (R2) Proposed Zoning: Lands to be Severed: Special Low Density Residential – Type 3 Zone (R3-sp) Lands to be Retained: Special Low Density Residential – Type 3 Zone (R3-sp) Recommended Zoning: Lands to be Severed: Low Density Residential – Type 2 Zone (R2) Lands to be Retained: Special Low Density Residential – Type 3 Zone (R3-sp) Passive Use Open Space Zone (OS1) * The subject lands are located within the Long Point Region Conservation Authority’s Regulated Flood/Fill area. SERVICES: Lots to be Severed & Retained: proposed municipal water and sanitary sewer ACCESS: Paved, municipal road (Vienna Road) Schedule “T-1” Town of Tillsonburg Land Use Plan Residential (eastern portion) Open Space (western portion) Schedule “T-2” Town of Tillsonburg Residential Density Plan Low Density Residential (eastern portion) Open Space (western portion) Schedule “C-2” County of Oxford Development Constraints Plan Erosion Hazard Land Page 46 of 105 Report No: CP 2020-25 COMMUNITY PLANNING Council Meeting: June 23, 2020 Page 3 of 13 PROPOSAL: Area Frontage Avg. Depth Severed Lot 416.3 m2 (4,481 ft2) 12 m (39.4 ft) 37.5 m (123 ft) Retained Lot 1.668 ha (4.12 ac) 8.4 m (27.5 ft) 140 m (460 ft) The application for consent proposes the creation of one new residential infill lot in the Town of Tillsonburg that will have frontage on Vienna Road. The proposed lot to be severed will cover an area of approximately 416 m2 (4,481 ft2), and will have approximately 12 m (39.4 ft) of frontage on Vienna Road. A single detached dwelling is currently under construction on the lot to be severed. The lot to be retained will be approximately 1.69 ha (4.12 ac) in area, with split frontage along Vienna Road. It is proposed that the lot to be retained will be developed for 26 townhouse dwelling units, accessed by a private driveway, approximately 8.4 m (27.5 ft) wide. The western portion of the lot to be retained also contains lands that have been identified as Significant Valleylands and Significantly Ecologically Important Woodlands in the Oxford Natural Heritage Systems Study. An application for zone change has also been received to rezone the subject lands from ‘Low Density Residential – Type 2 Zone (R2)’ to ‘Special Low Density Residential – Type 3 Zone (R3- sp)’ to facilitate the proposed townhouse dwelling units and to permit a single detached dwelling on the lot to be severed. Special provisions will also be required to address the applicant’s intent to develop the proposed 26 townhouses as ‘freehold’ units accessed from Vienna Road by way of a private driveway (essentially street fronting townhouses). The subject lands are approximately 1.7 ha (4.2 ac) in size and surrounding land uses are comprised of a mix of existing single detached dwellings, as well as an existing church to the east and a number of existing service commercial and industrial land uses. The County of Oxford Tillsonburg sewage treatment plant is located to the north and the Bridges Golf Course to the west. Plate 1, Location Map with Existing Zoning, shows the location of the subject lands and the existing zoning in the immediate vicinity. Plate 2, Subject Lands with 2015 Air Photo provides an aerial view of the subject lands and surrounding area, as they existed in 2015. Plate 3a, Applicant’s Sketch – Lot to be Severed, provides the dimensions and configuration of the lot to be severed. Plate 3b, Applicant’s Sketch – Existing Subject lands, shows the configuration of the remainder of the subject lands, as they currently exist. Plate 4, Applicant’s Proposed Site Plan – Lot to be Retained, shows the configuration of the proposed development for the lot to be retained. Page 47 of 105 Report No: CP 2020-25 COMMUNITY PLANNING Council Meeting: June 23, 2020 Page 4 of 13 Application Review PROVINCIAL POLICY STATEMENT: Section 1.1.3.1 of the Provincial Policy Statement (PPS) directs 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 directs that planning authorities shall identify appropriate locations 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. Further, Section 1.4.3 of the PPS directs that planning authorities shall provide for an appropriate mix of housing types and densities to meet projected requirements of current and future residents of the regional market area by: Establishing and implementing minimum targets for the provision of housing which is affordable to low and moderate income households; Permitting and facilitating all forms of residential intensification and redevelopment and all forms of housing required to meet the social, health and well-being requirements of current and future residents, including special needs requirements; Directing the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are or will be available to support current and projected needs; Promoting densities for new housing which efficiently uses land, resources, infrastructure and public service facilities, and support the use of active transportation and transit areas where it exists or is to be developed; and Establishing development standards for residential intensification, redevelopment and new residential development which minimize the cost of housing and facilitate compact form while maintaining appropriate levels of public health and safety. Section 1.2.6 provides that sensitive land uses and major facilities (including sewage treatment plants) should be planned to ensure they are appropriately designed, buffered and/or separated from each other to prevent or mitigate adverse effects from odour, noise and other contaminants, minimize risk to public health and safety and to ensure long-term viability of major facilities. Section 2.1 of the PPS directs that natural features and areas shall be protected for the long term, and that the diversity and connectivity of natural features and the long-term ecological function and biodiversity of natural heritage systems should be maintained, restored or, where possible improved, recognizing linkages between and among natural heritage features and areas. Development or site alteration on lands adjacent to natural heritage features and areas shall not be permitted unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions. Page 48 of 105 Report No: CP 2020-25 COMMUNITY PLANNING Council Meeting: June 23, 2020 Page 5 of 13 OFFICIAL PLAN: The eastern portion of the subject lands are designated as Low Density Residential according to the Town of Tillsonburg Residential Density Plan, 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, townhouses and other, similar development. Within these areas, it is intended that there will be a mixing and integration of different forms of housing to achieve a low overall density of use. Residential net density for lands designated Low Density Residential is between 15-30 units per hectare (6-12 units per acre) and no building shall exceed three storeys in height at street elevation. To achieve this target, a variety of lot sizes and configurations will be supported, as well as the development of low rise, multiple units and Council may consider narrower road widths and private roads within multiple unit condominium developments. Multiple unit dwellings such as townhouses and cluster development in the Low Density Residential designation will generally be restricted to sites which abut arterial or collector roads or are situated such that traffic impacts from the site create a minimum disturbance on loc al streets. The policies of Section 8.2.4.1 (Infill Housing) provide that in order to efficiently utilize the designated residential land and municipal servicing infrastructure, infill housing will be supported in Low Density Residential Areas. The County Land Division Committee and Town Council will ensure that proposals for infill development are consistent with policies contained in Section 8.2.4.1.1 and 8.2.4.1.4. Official Plan policies respecting Street Oriented Infill permit new residential housing onto an established streetscape pattern only if the proposal is deemed to be consistent with the characteristics of existing development on both sides of the street. The policies also require that the proposal is consistent with street frontage, setbacks and spacing of existing development within a two block area on the same street. In addition, all infill proposals are subject to the following criteria: the location of vehicular access points, the likely impact of traffic generated by the proposal on Town streets and potential traffic impacts on pedestrian and vehicular safety and surrounding properties is acceptable; existing municipal services and public facilities will be adequate to accommodate the proposed infill project; stormwater run-off from the proposal will be adequately controlled and will not negatively affect adjacent properties; adequate off-street parking and outdoor amenity areas will be provided; the extent to which the proposed development provides for the retention of any desirable vegetation or natural features that contribute to the visual character of the surrounding area; the effect of the proposed development on environmental resources and the effects of environmental constraints on the proposed development will be addressed and mitigated; consideration of the potential effect of the development on natural and heritage resources and their settings; Page 49 of 105 Report No: CP 2020-25 COMMUNITY PLANNING Council Meeting: June 23, 2020 Page 6 of 13 compliance of the proposed development with the provisions of the Zoning By-Law of the Town and other municipal by-laws. The western portion of the subject lands are designated as ‘Open Space Area’ in the County’s Official Plan. The Open Space designation recognizes the role of hazard, conservation and public and private recreational lands in maintaining environmental quality within the County. The priorities of this policy area are to minimize hazards to human health and safety, minimize property damage, provide linkages connecting natural heritage systems and provide opportunities for both private and public recreation. Lands designated Open Space include lands located in the Regulatory Floor Plains and Floodways, Conservation Authority owned lands and other public lands, as well as Earth Science Areas of Natural and Scientific Interest and parks, pathways, recreation areas and stormwater management facilities. The development criteria for lands designated Open Space in the Official Plan are designed primarily to protect ecological features and functions and minimize the impacts of development on natural hazard areas. The Official Plan provides additional development criteria for lands designated Open Space and states that development proposals shall include satisfactory mitigation measures to protect natural hazards (including vegetative buffers, retention of natural areas and the protection/improvement of ecological features), and requires new development to manage stormwater, while minimizing the extent of new hazards, particularly with respect to traffic, noise, odor, dust and vibration. The subject lands have also been identified as Significant Valleyland, Significantly Ecologically Important Woodland and Non-significant Wetland in the draft Oxford Natural Heritage Systems Study. While it is noted that the Oxford Natural Heritage Systems Study has yet to be adopted by Council, the Official Plan provides that Significant Valleylands consist of natural areas occurring in a valley or other landform depressions that have water flowing through or standing for some period of time. Where site alteration, development or a change in land use is proposed on lands designated as Open Space or Significant Valleylands, an Environmental Impact Study (EIS) may be required to demonstrate the proposal will not result in a negative impact, unless the Conservation Authority having jurisdiction has indicated that an EIS is not required. TOWN OF TILLSONBURG ZONING BY-LAW: The subject lands are zoned as ‘Low Density Residential – Type 2 Zone (R2)’ which permits the development of duplex dwellings, semi-detached dwellings, single detached dwellings and converted dwellings, as well as a group home and a public use. Lot area and frontage requirements are dependent on the type of residential development proposed and require a minimum 315 m2 (3,390.7 ft2) of lot area and 10.5 m (34.4 ft) of frontage for single detached or semi-detached dwellings units. An application has been received to rezone the entirety of the subject lands from ‘Low Density Residential – Type 2 Zone (R2)’ to ‘Special Low Density Residential – Type 3 Zone (R3-sp)’ to allow for the development of the proposed townhouse dwellings, as well as the recently established single detached dwelling on the lot to be severed. Permitted uses in the ‘R3’ zone include a converted dwelling, an existing single detached or semi-detached dwelling, a group Page 50 of 105 Report No: CP 2020-25 COMMUNITY PLANNING Council Meeting: June 23, 2020 Page 7 of 13 home, street fronting townhouse dwelling units and a multiple unit dwelling containing not more than 4 units. The applicant is proposing the development of 26 street fronting townhouse dwelling units that will be accessed by a private driveway. Street fronting townhouse dwellings are defined in the Zoning By-law to mean a dwelling consisting of three or more dwelling units that are aligned horizontally and divided vertically in whole or in part by common walls, with a minimum area above grade of 10 m2 (107.6 ft2) and each of which has an independent entrance directly from the outside and fronts onto a public street. Street fronting townhouse development on lands zoned ‘R3’ are subject to the following development standards: a minimum lot area of 240 m2 (2,583 ft2) per unit or 330 m2 (3,552 ft2) for an end unit; a minimum lot frontage of 8 m (26.2 ft) per dwelling unit or 11 m (36 ft) for an end unit; a minimum lot depth of 30 m (98.4 ft); a minimum front yard depth of 6 m (19.7 ft), or 7.5 m (24.6 ft) where the front yard abuts an arterial road; a minimum rear yard of 7.5 m (24.6 ft); a minimum 20.5 m (67.3 ft) setback to an arterial road; a maximum lot coverage of 40% lot area; a minimum 30% landscaped open space area; a minimum 83 m2 (893.4 ft2) per dwelling unit; a maximum building height of 11 m (36.1 ft); a minimum 48 m2 (516.7 ft2) amenity area, per dwelling unit, and; a minimum of 2 parking spaces per dwelling unit. The applicant has provided a site sketch showing 26 townhouse dwelling units, accessed by a private driveway on the lot to be retained. As noted previously, the proposed development of the subject lands as ‘street fronting’ townhouses typically requires that each such unit have direct access to an open and maintained public street. In order to facilitate the applicant’s proposal as submitted, special provisions will be required in an amending by-law to address the frontage, and any other provisions that may require modification. The applicant has indicated their intent to develop the lot to be retained in a manner that would allow for the freehold ownership of individual townhouse units while common elements within the plan would be held in condominium ownership. The freehold ownership of individual units has potential to change the nature of how the above-noted development standards are applied to the proposed development. Planning staff are recommending this be addressed through a blanket provision to ensure that the development, as reviewed, will continue to comply with zoning regulations, regardless of future ownership arrangements or lot creation within the larger parcel of land. The proposed townhouse development would also be subject to the Town’s site plan approval process to review the proposed development in greater detail, an application for which has been received and is currently under review. Page 51 of 105 Report No: CP 2020-25 COMMUNITY PLANNING Council Meeting: June 23, 2020 Page 8 of 13 The applicant has also requested a special provision to the ‘R3’ zone to permit a single detached dwelling on the lot to be severed. Planning staff are of the opinion that the rezoning of the lot to be severed is unnecessary to facilitate the proposed use of the land for the recently established single detached dwelling, as the existing ‘R2’ zoning provisions currently allow for such use, and the lot to be severed, as proposed, appears to comply with all development standards of the ‘R2’ zone, including lot area, frontage and all required yard setbacks. As such, staff are not recommending that the proposed zone change apply to the lot to be severed. The western portion of the subject lands contain existing natural heritage features, as per the Oxford Natural Heritage Systems Study. The ‘Passive Use Open Space Zone (OS1)’ allows for such uses as a conservation project, flood control works, a picnic area and a passive use park and requires a minimum lot area of 2,000 m2 (21,528 ft2), a minimum lot frontage of 20 m (65.6 ft) and a minimum lot depth of 30 m (32.8 ft). Section 5.16 of the Zoning By-law provides that where a lot is divided into more than one zone, each such portion of the lot shall be used in accordance with the provisions of the By-law for the zone where such portion of the lot is located. However, for the purposes of determining minimum lot area and minimum lot frontage, the entire lot shall be considered, with the exception of any areas covered by an environmental protection overlay or located within a flood plain. AGENCY COMMENTS: The applications were circulated to various agencies considered to have an interest in the proposal. The Town of Tillsonburg Chief Building Official has commented that the lot to be severed is subject to a current open building permit for the construction of a new single detached dwelling . The location of water and sewer services must be verified for the lot to be severed. Additionally, verification is required that the proposed access to the retained condominium development is adequate through the site plan process. The County of Oxford Public Works Department has made the following comments: As a condition of severance, all financial requirements of the Oxford County Public Works Department must be complied with in respect to the provision of water and wastewater service connections for the lot to be severed. This condition can be cleared by payment for the required services. All financial requirements of the Oxford County Public Works Department must be complied with in respect to the provision of water and wastewater service connections for the lot to be retained. Details can be incorporated into future development agreements for the land (e.g. Site Plan Control), or otherwise as a condition of this severance application. Unless otherwise approved by the County, all required servicing within Vienna Road R.O.W. shall be completed by the County/Town (at expense of the Applicant). Private versus Municipal ownership of the proposed water & sanitary systems on the lot to be retained will be confirmed at time of future development application (e.g. Site Plan submission). Metering details, etc. will also be confirmed at that time. Canada Post has commented that mail delivery for the proposed development on the lot to be retained will be by way of centralized mail delivery provided by Canada Post Community Mail Boxes. Page 52 of 105 Report No: CP 2020-25 COMMUNITY PLANNING Council Meeting: June 23, 2020 Page 9 of 13 The Long Point Region Conservation Authority has reviewed the submitted functional servicing report and note that their agency has been in consultation with the applicant and they have no objections to the proposed development, providing all concerns can be addressed. Union Gas has commented that their agency does have service lines running within the area, which may or may not be affected by the proposed severance. Should the proposed severance impact these services, it may be necessary to terminate the gas service and relocate the link according to the new property boundaries, which would be at the expense of the property owner. Bell Canada has commented that they have no concerns with the proposal. PUBLIC CONSULTATION: Notice of the applications for consent and zone change were provided to the public and surrounding property owners on December 23, 2019. Notice of public meeting for the zone change was provided on June 2, 2020 in accordance with the requirements of the Planning Act. To date, no comments have been received from the public. Planning Analysis The application for consent proposes the creation of one new lot for the development of a single detached dwelling on the west side of Vienna Road, north of Town Line Road and it is intended that the retained lands will be developed for 26 townhouse dwelling units. Applications for rezoning and site plan approval have also been received to facilitate the proposed development on the lot to be retained. Planning staff are of the opinion that generally, the proposal is consistent with the Provincial Policy Statement and the County’s Official Plan regarding residential intensification within a designated settlement area. Specifically, staff are of the opinion that the proposal will facilitate an increased mix of housing types that will assist in meeting housing requirements of the regional market on lands designated for such use. Further, staff are satisfied that the proposal will also assist in utilizing existing and planned servicing infrastructure and public service facilitates, while maintaining intended density targets and efficiently utilizing existing underutilized lands. Staff are satisfied that the lot to be severed, which is currently under construction for the development of a single detached dwelling, will be in keeping with the existing residential development in the immediate area (along the west side of Vienna Road). Staff are further satisfied that the proposed townhouse development on the lot to be retained will comply with the density criteria outlined in the Official Plan for lands designated as Low Density Residential, and will be of a scale that is compatible with the residential characteristics of the surrounding land uses to the south, resulting in minimal impact on neighbouring residential land uses. The site plan approval process can be utilized to incorporate measures to assist in the screening and buffering of the proposed development from existing residential properties in the immediate vicinity. Page 53 of 105 Report No: CP 2020-25 COMMUNITY PLANNING Council Meeting: June 23, 2020 Page 10 of 13 The applicants have requested a zone change to rezone the subject lands from ‘Low Density Residential –Type 2 Zone (R2)’ to ‘Special Low Density Residential – Type 3 Zone (R3-sp)’ to facilitate the development of the proposed townhouses, and a special provision has been sought to permit a lot frontage of 8.4 m (27.5 ft) for the lot to be retained. Based on the site plan submitted by the applicant, the proposed 8.4 m (27.5 ft) lot frontage will be sufficient to accommodate the required 6 m (19.6 ft) right of way necessary for access to the proposed townhouse development on the lot to be retained, and will provide additional area for any required sidewalks or servicing infrastructure associated with the development. The proposal has been circulated to Town staff who have confirmed that that the proposed access is sufficient for emergency vehicle access and typical maintenance for the said driveway on the lot to be retained. Details regarding the provision of internal services, such as snow storage/removal can be addressed via the site plan approval process. Given this, staff are satisfied that the proposed lot frontage will be sufficient to provide adequate driveway access to the proposed development. Based on the submitted site plan application, the development proposes approximately 7.2 m (23.6 ft) of frontage per dwelling unit, whereas the development standards of the ‘R3’ zone require a minimum 8 m (26.2 ft) lot frontage per dwelling unit and a minimum of 11 m (36 ft) for an end unit. Staff are of the opinion that it would be appropriate to address the development of the retained lands for townhouse development via a zoning provision applying to the whole of the lands that ensures appropriate setbacks from lot lines and allows for the creation of lots within the larger parcel without the need to further amend the Zoning By-law. Such provision would effectively treat the lands as a single parcel with respect to lot area, frontage, coverage and setbacks, which would apply regardless as to whether the units within the plan are held in condominium, freehold or other form of ownership that may involve the creation of conveyable parcels within the plan. The above-noted approach would require only relief from the lot frontage provision of the lands (to 8.4 m), being the point at which the retained lands access Vienna Road, as noted previously in this report. An additional request has been made to rezone the lot to be severed from ‘Low Density Residential –Type 2 Zone (R2)’ to ‘Special Low Density Residential – Type 3 Zone (R3-sp)’ to coincide with the zoning for the lot to be retained and to permit a single detached dwelling on the lot to be severed, which is currently under construction. Planning staff are of the opinion that no special zoning or site specific development standards are required to facilitate the desired land use on the lot to be severed and as such, staff are recommending that the lot to be severed remain zoned as ‘R2’. Staff are also of the opinion that the proposal will comply with the other review criteria for infill proposals contained in the Official Plan, as adequate municipal services are present to accommodate the development, the lands will be of a sufficient size to provide for adequate off- street parking and outdoor amenity areas, and any drainage or stormwater impacts to surrounding properties will be further reviewed and subject to approval through the site plan approval process, prior to the issuance of a building permit. Further, staff are satisfied that there is sufficient separation between the proposed development on the subject lands and the existing sewage treatment plant to the north to comply with provincial Page 54 of 105 Report No: CP 2020-25 COMMUNITY PLANNING Council Meeting: June 23, 2020 Page 11 of 13 separation guidelines, and no comments of concern were received from the Oxford County Public Works Department to this regard. The western portion of the subject lands are comprised of Significantly Ecologically Important Woodlands, Significant Valleylands and Non-Provincially Significant Wetlands in the Oxford Natural Heritage Systems Study. No new development is proposed for lands identified as such, and the application has been reviewed by the Long Point Region Conservation Authority, who have confirmed they are in support of the proposal and are working with the applicant to address their technical requirements for the development of the proposed townhouses, as part of the site plan approval process. Planning staff are recommending that the area of the subject lands effected by these environmental features be rezoned from ‘R2’ to ‘OS1’ to further restrict development on this area of the subject lands. In light of the foregoing, it is the opinion of this Office that the requested zone change is appropriate and consistent with the Official Plan policies respecting low density residential development, and it is recommended that the proposed rezoning be approved, for the lot to be retained. Further, Planning staff are satisfied that the consent application is consistent with the policies of the PPS and is in keeping with the County Official Plan. As such, Planning staff are satisfied that the application can be given favourable consideration, subject to the appropriate conditions, as noted below. RECOMMENDATIONS It is recommended that the Council of the Town of Tillsonburg 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 FURTHER, it is recommended that the Council of the Town of Tillsonburg 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)’; Page 55 of 105 Report No: CP 2020-25 COMMUNITY PLANNING Council Meeting: June 23, 2020 Page 12 of 13 AND FURTHER, it is recommended that Tillsonburg Council advise the Land Division Committee that it is in favour of the proposal to sever the subject property, subject to the following conditions: 1. The lot to be retained be appropriately zoned. 2. The owners enter into a Severance Agreement with the Town of Tillsonburg, to the satisfaction of the Town. 3. The Oxford County Public Works Department advise the Secretary-Treasurer of the Oxford County Land Division Committee that all financial requirements of the County of Oxford with respect to the provision of water and sewer services to the subject properties have been complied with, to the satisfaction of the County Public Works Department. 4. The owners shall verify the location of existing water, storm, and sanitary services serving the lot to be severed, to the satisfaction of the Town Chief Building Official. 5. The owners shall make payment for cash-in-lieu of parkland, to the satisfaction of the Town of Tillsonburg. 6. The Clerk of the Town of Tillsonburg advise the Secretary-Treasurer of the Land Division Committee that all requirements of the Town, financial, services and otherwise, have been complied with. SIGNATURES Authored by: Heather St. Clair, MCIP, RPP, Development Planner Approved for submission: Gordon K. Hough, RPP, Director Page 56 of 105 Report No: CP 2020-25 COMMUNITY PLANNING Council Meeting: June 23, 2020 Page 13 of 13 Report Approval Details Document Title: B19-88-7 ZN 7-19-15_rpt_till.docx Attachments: - Report Attachments.pdf - b19-88-7_appl-REVISED-20200205.pdf - 7-19-15_appl-20191112.pdf Final Approval Date: Jun 18, 2020 This report and all of its attachments were approved and signed as outlined below: Kyle Pratt - Jun 18, 2020 - 5:05 AM Page 57 of 105 December 4, 2019 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 2200 Notes NAD_1983_UTM_Zone_17N 110 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 Land Use Zoning (Displays 1:16000 to 1:500) Plate 1: Location Map with Existing Zoning File Nos. B19-88-7 & ZN 7-19-15 - 1967113 Ontario Inc. Lot 1391 & part Lots 1389-1390, Plan 500, 61 & 65 Vienna Road, Town of Tillsonburg Lot to be Retained and Rezoned Lot to be Severed and Rezoned Vienna Road Town Line Road Spruce StreetYoung Street Page 58 of 105 December 4, 2019 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 550 Notes NAD_1983_UTM_Zone_17N 28 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 Land Use Zoning (Displays 1:16000 to 1:500) Lot to be Retained and Rezoned Lot to be Severed and Rezoned Vienna Road Young Street Plate 2: Subject Lands with 2015 Air Photo File Nos. B19-88-7 & ZN 7-19-15 - 1967113 Ontario Inc. Lot 1391 & part Lots 1389-1390, Plan 500, 61 & 65 Vienna Road, Town of Tillsonburg Page 59 of 105 Plate 3a: Applicant's Sketch - Lot to be Severed File Nos. B19-88-7 & ZN 7-19-15 - 1967113 Ontario Inc. Lot 1391 & part Lots 1389-1390, Plan 500, 61 & 65 Vienna Road, Town of Tillsonburg Page 60 of 105 Plate 3b: Applicant's Sketch - Existing Subject Lands File Nos. B19-88-7 & ZN 7-19-15 - 1967113 Ontario Inc. Lot 1391 & part Lots 1389-1390, Plan 500, 61 & 65 Vienna Road, Town of Tillsonburg Page 61 of 105 Plate 4: Applicant's Proposed Site Plan - Lot to be Retained File Nos. B19-88-7 & ZN 7-19-15 - 1967113 Ontario Inc. Lot 1391 & part Lots 1389-1390, Plan 500, 61 & 65 Vienna Road, Town of Tillsonburg Page 62 of 105 REVISED February 5, 2020 Page 63 of 105 Page 64 of 105 Page 65 of 105 Page 66 of 105 Page 67 of 105 Page 68 of 105 Page 69 of 105 Page 70 of 105 Page 71 of 105 Report No: CP 2020-146 COMMUNITY PLANNING Council Meeting: June 23, 2020 Page 1 of 13 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community Planning Applications for Consent & Zone Change B20-12-13-14-7 & ZN 7-20-02– Jacob Hiebert & John Peters REPORT HIGHLIGHTS The purpose of this application is to create two new residential lots for single detached dwellings with frontage on Woodland Crescent, one new residential lot for a semi- detached dwelling on Trillium Drive, and retain lands for a semi-detached dwelling on Trillium Drive. An application for zone change has been received to rezone the lots to be severed via Application B20-12-7 and the retained lands from ‘Neighbourhood Commercial Zone (NC)’ to ‘Special Low Density Residential – Type 2 Zone (R2-sp)’ to allow for semi-detached dwellings with a reduced rear yard depth of 6.0 m (19.69 ft), reduced exterior side yard width of 4.5 m (14.76 ft), and maximum lot coverage of 50%. The application for zone change also proposes to rezone the lots to be severed via Applications B20-13-7 & B20-14-7 from ‘Neighbourhood Commercial Zone (NC)’ to ‘Special Low Density Residential – Type 2 Zone (R2-sp)’ to allow for the proposed single detached dwellings with a reduced rear yard depth of 6.0 m (19.69 ft), reduced exterior side yard width of 4.5 m (14.76 ft), and maximum lot coverage of 45%. Planning staff are recommending approval of the applications, as they are consistent with the Provincial Policy Statement and generally maintain the intent and purpose of the Official Plan respecting infill development within the Town of Tillsonburg. DISCUSSION Background OWNERS: Jacob Hiebert & John Peters 4 Feltz Drive, Ingersoll ON, N5C 4E9 AGENT: Andrew Gilvesy, P. Eng (CJDL Consulting Engineers) 261 Broadway, Tillsonburg ON, N4G 4H8 LOCATION: Page 72 of 105 Report No: CP 2020-146 COMMUNITY PLANNING Council Meeting: June 23, 2020 Page 2 of 13 The subject lands are described as Lot 86, Plan 41M-139, in the Town of Tillsonburg. The subject property is located on the west side of Quarter Town Line, between Woodland Crescent and Trillium Drive, and is municipally known as 79 Woodland Crescent, Tillsonburg. COUNTY OF OXFORD OFFICIAL PLAN: TILLSONBURG ZONING BY-LAW NO. 3295: Existing Zoning: Lands to be Severed: Neighbourhood Commercial Zone (NC) Lands to be Retained: Neighbourhood Commercial Zone (NC) Proposed Zoning: Lands to be Severed (B20-13-14-7): Special Low Density Residential – Type 2 Zone (R2- sp) Lands to be Severed (B20-12-7): Special Low Density Residential – Type 2 Zone (R2- sp) Lands to be Retained: Special Low Density Residential – Type 2 Zone (R2- sp) SERVICES: Lots to be Severed & Retained: proposed municipal water and sanitary sewers ACCESS: Paved, municipal roads (Trillium Drive & Woodland Crescent) PROPOSAL: Schedule “T-1” Town of Tillsonburg Land Use Plan Residential Schedule “T-2” Town of Tillsonburg Residential Density Plan Low Density Residential Page 73 of 105 Report No: CP 2020-146 COMMUNITY PLANNING Council Meeting: June 23, 2020 Page 3 of 13 Area Frontage Avg. Depth Severed Lot B20-12-7 692.3 m2 (7,451.6 ft2) 19.15 m (62.8 ft) 36.15 m (118.6 ft) Severed Lot B20-13-7 609.4 m2 (6,559.2 ft2) 16.76 m (55 ft) 36.35 m (119.3 ft) Severed Lot B20-14-7 662.9 m2 (7,135.2 ft2) 18.24 m (59.8 ft) 36.35 m (119.3 ft) Retained Lot 573 m2 (6,167 ft2) 15.85 m (52 ft) 36.15 m (118.6 ft) The applications for consent propose the creation of three new residential infill lots in the Town of Tillsonburg that will have frontage on Woodland Crescent and Trillium Drive. The proposed lot to be severed through application B20-12-7 will cover an area of approximately 692 m2 (7,451.6 ft2), and will have approximately 19.15 m (62.8 ft) of frontage on Trillium Drive, and 36.15 m (118.6 ft) of frontage on Quarter Town Line. A semi-detached dwelling, consisting of 2 dwelling units is proposed to be constructed on the lot to be severed. The proposed lot to be severed through application B20-13-7 will cover an area of approximately 609.4 m2 (6,559.2ft2), and will have approximately 18.24 m (59.8 ft) of frontage on Woodland Crescent. A single detached dwelling is proposed to be constructed on the lot to be severed. The proposed lot to be severed through application B20-14-7 will cover an area of approximately 662.9m2 (7,135.2ft2), and will have approximately 18.24 m (59.8 ft) of frontage on Woodland Crescent, and 36.35 m (119.3 ft) of frontage on Quarter Town Line. A single detached dwelling is proposed to be constructed on the lot to be severed. The lot to be retained will have an area of approximately 573 m2 (6,167 ft2), frontage of 15.85 m (52 ft) on Trillium Drive, and is proposed to contain a semi-detached dwelling consisting of two dwelling units. An application for zone change has also been received to rezone the subject lands from ‘Neighbourhood Commercial Zone (NC)’ to ‘Special Low Density Residential – Type 2 Zone (R2-sp)’ to facilitate the proposed single detached dwellings and semi-detached dwellings with reduced rear yard depth of 6.0 m (19.69 ft), reduced exterior side yard width of 4.5 m (14.76 ft), and increased lot coverage (45% for single detached dwellings, 50% for semi-detached dwellings). Special provisions are also required to provide relief of the required setback from the Centre Line of Quarter Town Line to permit a setback of 19.6 m (64.3 ft). The subject lands are approximately 2535.26 m2 (0.63 ac) in size and surrounding land uses are comprised of a mix of existing single detached dwellings fronting on Trillium Drive, Woodland Crescent, Quarter Town Line and Langrell Avenue, as well as street fronting townhouses on the east side of Quarter Town Line. A condominium development known as Simply 360 consisting of 64 street fronting townhouse units is located to the northeast, and vacant lands zoned for medium density development are located to the north. Immediately adjacent to the subject lands to the west is a vacant municipal block that is owned by the Town of Tillsonburg. Plate 1, Location Map with Existing Zoning, shows the location of the subject lands and the existing zoning in the immediate vicinity. Page 74 of 105 Report No: CP 2020-146 COMMUNITY PLANNING Council Meeting: June 23, 2020 Page 4 of 13 Plate 2, Proposed Lot Configuration depicts the proposed lots to be severed and lots to be retained. Plate 3, 2015 Aerial Map, provides an aerial view of the subject lands and immediate vicinity. Plate 4, Applicants’ Sketch, depicts the proposed configuration of the lands to be severed and retained. Application Review PROVINCIAL POLICY STATEMENT: Section 1.1.3.1 of the Provincial Policy Statement (PPS) directs 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 directs that planning authorities shall identify appropriate locations 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. Further, Section 1.4.3 of the PPS directs that planning authorities shall provide for an appropriate mix of housing types and densities to meet projected requirements of current and future residents of the regional market area by: Establishing and implementing minimum targets for the provision of housing which is affordable to low and moderate income households; Permitting and facilitating all forms of residential intensification and redevelopment and all forms of housing required to meet the social, health and well-being requirements of current and future residents, including special needs requirements; Directing the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are or will be available to support current and projected needs; Promoting densities for new housing which efficiently uses land, resources, infrastructure and public service facilities, and support the use of active transportation and transit areas where it exists or is to be developed; and Establishing development standards for residential intensification, redevelopment and new residential development which minimize the cost of housing and facilitate compact form while maintaining appropriate levels of public health and safety. OFFICIAL PLAN: The subject lands are designated as Low Density Residential according to the Town of Tillsonburg Residential Density Plan, as contained in the Official Plan. Low density residential districts are those lands that are primarily developed or planned for a variet y of low-rise, low density housing forms including both executive and smaller single-detached dwellings, semi- Page 75 of 105 Report No: CP 2020-146 COMMUNITY PLANNING Council Meeting: June 23, 2020 Page 5 of 13 detached, duplex and converted dwellings, townhouses and other, similar development. Within these areas, it is intended that there will be a mixing and integration of different forms of housing to achieve a low overall density of use. Residential net density for lands designated Low Density Residential is between 15-30 units per hectare (6-12 units per acre) and no building shall exceed three storeys in height at street elevation. To achieve this target, a variety of lot sizes and configurations will be supported, as well as the development of low rise, multiple units and Council may consider narrower road widths and private roads within multiple unit condominium developments. Multiple unit dwellings such as townhouses and cluster development in the Low Density Residential designation will generally be restricted to sites which abut arterial or collector roads or are situated such that traffic impacts from the site create a minimum disturbance on local streets. The policies of Section 8.2.4.1 (Infill Housing) provide that in order to efficiently utilize the designated residential land and municipal servicing infrastructure, infill housing will be supported in Low Density Residential Areas. The County Land Division Committee and Town Council will ensure that proposals for infill development are consistent with policies contained in Section 8.2.4.1.1 and 8.2.4.1.4. Official Plan policies respecting Street Oriented Infill permit new residential housing into an established streetscape pattern only if the proposal is deemed to be consistent with the characteristics of existing development on both sides of the street. The policies also require that the proposal is consistent with street frontage, setbacks and spacing of existing development within a two block area on the same street. In addition, all infill proposals are subject to the following criteria: the location of vehicular access points, the likely impact of traffic generated by the proposal on Town streets and potential traffic impacts on pedestrian and vehicular safety and surrounding properties is acceptable; existing municipal services and public facilities will be adequate to accommodate the proposed infill project; stormwater run-off from the proposal will be adequately controlled and will not negatively affect adjacent properties; adequate off-street parking and outdoor amenity areas will be provided; the extent to which the proposed development provides for the retention of any desirable vegetation or natural features that contribute to the visual character of the surrounding area; the effect of the proposed development on environmental resources and the effects of environmental constraints on the proposed development will be addressed and mitigated; consideration of the potential effect of the development on natural and heritage resources and their settings; compliance of the proposed development with the provisions of the Zoning By-Law of the Town and other municipal by-laws. TOWN OF TILLSONBURG ZONING BY-LAW: Page 76 of 105 Report No: CP 2020-146 COMMUNITY PLANNING Council Meeting: June 23, 2020 Page 6 of 13 The subject lands are zoned as ‘Neighbourhood Commercial Zone (NC)’ which permits a number of neighbourhood-serving commercial uses, including a convenience store, daycare centre, dry cleaning depot, eating establishment, fitness club, personal service establishment, postal outlet, public library, or studio. An application has been received to rezone the subject lands from ‘Neighbourhood Commercial Zone NC)’ to ‘Special Low Density Residential – Type 2 Zone (R2-sp)’ to allow for the development of the proposed semi-detached dwellings on the lot to be severed through application B20-12-7 & the retained lands, and to permit single detached dwellings on the lots to be severed by applications B20-13-7 & B20-14-7. The following special provisions have also been requested: Reduce the minimum required rear yard depth from 7.5 m (24.6 ft) to 6 m (19.69 ft) for single detached dwellings and semi-detached dwellings; Reduce the minimum required exterior side yard width from 7.5 m (24.6 ft) to 4.5 m (14.76 ft) for the lots to be severed by application B20-12-7 & B20-13-7; Increase the permitted lot coverage from 40% to 45% for single detached dwellings, and to permit 50% coverage for semi-detached dwellings. For a single detached dwelling or semi-detached dwelling, the R2 Zone requires a lot area of 315 m2 (3,390.7 ft2), or 450 m2 (4,843.6 ft2) for a corner lot, a lot frontage of 10.5 m (34.4 ft) or 15 m (49.2 ft) for a corner lot, a lot depth of 30 m (98.4 ft), and a f ront yard depth of 6.0 m (19.69 ft). The R2 zone provisions also require a minimum setback of 20.5 m (67.3 ft) from the Centreline of an Arterial Road. As Quarter Town Line is an arterial road, relief of this provision is required to permit a reduced setback of 19.6 m (64.3 ft). Based on the sketch provided by the applicants, it appears as the lots will meet the required lot area, lot frontage, and lot depth provisions of the R2 Zone. AGENCY COMMENTS: The applications were circulated to various agencies considered to have an interest in the proposal. The Town of Tillsonburg Chief Building Official has commented that the applicant may also require relief of the required 20.5 m setback from the centreline of Quarter Town Line, an arterial road. Approval of the application is to be subject to approval of water, sanitary and storm servicing. A preliminary lot grading design should also be provided. An updated survey will also be required. Additionally, the applicant needs to reach out to the Building Department for the re-addressing of the lots to be severed and retained and to provide payment for the applicable fees in the amount of $100. The Town of Tillsonburg Engineering Services Department provided the following comments: preliminary lot grading plan is required for the lots to be severed and retained; sidewalks are required to be extended along Trillium Drive and Woodland Crescent to the existing sidewalk on Quarter Town Line; Page 77 of 105 Report No: CP 2020-146 COMMUNITY PLANNING Council Meeting: June 23, 2020 Page 7 of 13 owner shall provide confirmation that the overall run-off coefficients (0.5 RC) for the lands to be severed and retained will be acceptable with the proposed increased lot coverage; owner shall confirm that proposed sightlines for the reduced exterior side yards will meet the TAC Guidelines. The Town Director of Recreation, Culture and Parks indicated that cash-in-lieu of parkland is required for the new proposed lots. The County of Oxford Public Works Department indicated that as a condition of severance, all financial requirements of the Oxford County Public Works Department must be complied with in respect to the provision of water and wastewater service connections for the lots to be severed. This condition can be cleared by payment for the required services. The Town of Tillsonburg Development Commissioner provided the following comments: While the 79 Woodland Cres property is small in size (~27,300 SF or 0.63 Acres) and may only be suitable for very small commercial developments, there is a very limited supply of any type of commercial land within the Town of Tillsonburg and including within this neighbourhood. The number of existing residential subdivisions in this quadrant of the Town plus the 60 plus unit townhouse development at 360 Quarter Town Line, the proposed redevelopment of the Daffodil Drive and Daisy Court, lands just north of this property, and the potential subdivision at the southwest corner of Quarter Town Line and North Street, suggest that there will be a need for a convenience store or similar use in this part of the Town in the near future. The nearest convenience store is currently located at the 594 Broadway plaza, which is approximately 1 km away. If this property is rezoned to residential, there is the potential for reduced consumer choice in the future. Hence, alternative commercial sites in this quadrant of Tillsonburg should be identified and/or secured. Union Gas has commented that their agency does have service lines running within the area, which may or may not be affected by the proposed severance. Should the proposed severance impact these services, it may be necessary to terminate the gas service and relocate the link according to the new property boundaries, which would be at the expense of the property owner. Bell Canada, Tillsonburg Fire and Rescue Services, and the Tillsonburg and District Chamber of Commerce have commented that they have no concerns with the proposal. PUBLIC CONSULTATION: Notice of the applications for consent and zone change were provided to the public and surrounding property owners on April 24, 2020. Notice of public meeting for the zone change was provided on June 2, 2020 in accordance with the requirements of the Planning Act. To date, staff have spoken with 2 adjacent residents who expressed concerns with lot grading and drainage. Page 78 of 105 Report No: CP 2020-146 COMMUNITY PLANNING Council Meeting: June 23, 2020 Page 8 of 13 One letter of concern was received from an adjacent landowner requesting that the subdivision covenants respecting acceptable dwelling façade be respected. Planning Analysis The applications for consent propose to create 3 new lots for the development of 2 single detached dwellings and two semi-detached dwellings (consisting of 4 dwelling units) in the northwest area of the Town of Tillsonburg. An application for zoning by-law amendment has also been received to facilitate the proposed development on the lots to be severed and the lot to be retained. Planning staff are of the opinion that the proposal is generally consistent with the Provincial Policy Statement and the County’s Official Plan regarding residential intensification within a designated settlement area. Specifically, staff are of the opinion that the proposal will facilitate an increased mix of housing types that will assist in meeting housing requirements of the regional market on lands designated for such use. Further, staff are satisfied that the proposal will also assist in utilizing existing and planned servicing infrastructure and public service facilities, while maintaining intended density targets and efficiently utilizing existing underutilized lands. Official Plan policies respecting Street Oriented Infill permit new residential housing onto an established streetscape pattern only if the proposal is deemed to be consistent with the characteristics of existing development on both sides of the street. The policies also require that the proposal is consistent with street frontage, setbacks and spacing of existing development within a two block area on the same street. In this instance, development along this area of Quarter Town Line is a mix of residential densities and dwelling types. To the north is a medium density residential area consisting of primarily street fronting townhouses, and a cluster of street fronting townhouses exists on the east side of Quarter Town Line, opposite the subject lands. The spacing and setbacks of the proposed dwelling will be similar to existing development consisting of single detached dwellings in the immediate vicinity. Single detached dwellings are present to the south and west, fronting on Woodland Crescent, and the lots have frontages of 17 m (55.8 ft). Single detached dwellings are also present on Trillium Drive, although these lots are smaller and have frontages of 11 m (36 ft). It is the opinion of planning staff that the applicant’s proposal to construct single detached dwellings on the proposed lots fronting on Woodland Crescent will be consistent with the existing development in the vicinity as the proposed lots have similar frontages of 18.24 m (59.7 ft) and 16.76 m (55 ft). The proposed semi-detached dwellings fronting on Trillium Drive on the lot to be severed through application B20-12-7 and the lot to be retained will have similar frontages to the existing frontages of lots on Trillium Drive and lots on Langrell Avenue to the east. Semi-detached dwellings are a permitted use within the Low Density Residential designation, and will be of a similar scale and mass as existing development on Trillium Drive, Woodland Crescent, and the surrounding area. Page 79 of 105 Report No: CP 2020-146 COMMUNITY PLANNING Council Meeting: June 23, 2020 Page 9 of 13 Staff are of the opinion that the proposal will comply with the review criteria for infill proposals contained in the Official Plan, as adequate municipal services are present to accommodate the development, the lands will be of a sufficient size to provide for adequate off-street parking and outdoor amenity areas, and any drainage or stormwater impacts to surrounding properties will be further reviewed and subject to approval through the recommended conditions of approval, or prior to the issuance of a building permit. Appropriate conditions of approval have also been included to ensure that the location of the proposed dwelling and any driveways will not impact sightlines or intersection movements at the intersection of Trillium Drive or Woodland Crescent and Quarter Town Line. The applicants have requested a zone change to rezone the subject lands from ‘Neighbourhood Commercial Zone (NC)’ to ‘Special Low Density Residential – Type 2 Zone (R2-sp)’ to facilitate the development of 2 single detached dwellings and 4 semi-detached dwellings. Special provisions have also been sought to permit a reduced rear yard depth of 6 m (19.69 ft), reduced exterior side yard with of 4.5 m (14.76 ft), and increased permitted lot coverage of 45% for single detached dwellings and 50% for semi-detached dwellings. Planning staff note that relief is also required for a reduced setback from the centreline of Quarter Town Line, an arterial road. Planning staff are of the opinion that the requested zoning relief is appropriate in this instance as the reduced rear yard depths are similar to many lots within new residential subdivisions in Town, and adequate outdoor amenity space and sufficient space to accommodate any required rear yard drainage swales will remain. The reduced exterior side yard width and reduced setback to the centreline of Quarter Town Line is not expected to impact traffic safety and recommended conditions of approval will ensure that there is no impact to sightlines resulting from the reduced setback. With respect to the requested increased lot coverage, the lands were originally intended to be developed for commercial purposes that would typically have a greater lot coverage than residential uses. Appropriate conditions of approval are recommended to ensure that the proposed lot coverage can be accommodated within local storm sewers, and that appropriate lot grading designs can be implemented to ensure there are no negative impacts to surrounding properties. In light of the foregoing, it is the opinion of this Office that the requested zone change is appropriate and consistent with the Official Plan policies respecting low density residential development, and it is recommended that the proposed rezoning be approved-in-principle, pending the decision of the Oxford County Land Division Committee at a future meeting. Further, Planning staff are satisfied that the consent application is consistent with the policies of the PPS and is in keeping with the County Official Plan. As such, Planning staff are satisfied that the application can be given favourable consideration, subject to the appropriate conditions, as noted below. RECOMMENDATIONS It is recommended that the Council of the Town of Tillsonburg 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 Page 80 of 105 Report No: CP 2020-146 COMMUNITY PLANNING Council Meeting: June 23, 2020 Page 10 of 13 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 FURTHER, it is recommended that Tillsonburg Council advise the Land Division Committee that the Town is in favour of the proposals to sever the subject property, subject to the following conditions: B20-12-7: 1. The lot to be severed and lot to be retained be appropriately zoned. 2. The Oxford County Public Works Department advise the Secretary-Treasurer of the Oxford County Land Division Committee that all financial requirements of the County of Oxford with respect to the provision of water and sewer services to the subject property has been complied with, to the satisfaction of the County Public Works Department. 3. The owners shall provide proof that the lots have been serviced with municipal water services, municipal sanitary sewers, and municipal storm sewers, to the satisfaction of the Town of Tillsonburg Building Department. 4. The owners shall obtain new civic addresses for the lots to be severed and retained, to the satisfaction of the Town of Tillsonburg Building Department. 5. The owners shall provide a preliminary lot grading plan, to the satisfaction of the Town of Tillsonburg Engineering Services Department. 6. The owners shall provide confirmation that the overall run-off coefficients (for the lands to be severed and retained will be acceptable with the proposed increased lot coverage, to the satisfaction of the Town of Tillsonburg Engineering Services Department. 7. The owners shall provide confirmation that the proposed sightlines for the reduced exterior side yard will meet the TAC Guidelines, to the satisfaction of the Town of Tillsonburg Engineering Services Department. 8. The owners shall make payment for cash-in-lieu of parkland, to the satisfaction of the Town of Tillsonburg. 9. The Clerk of the Town of Tillsonburg advise the Secretary-Treasurer of the Land Division Committee that all requirements of the Town, financial, services and otherwise, have been complied with. B20-13-7: 1. The lot to be severed and lot to be retained be appropriately zoned. Page 81 of 105 Report No: CP 2020-146 COMMUNITY PLANNING Council Meeting: June 23, 2020 Page 11 of 13 2. The Oxford County Public Works Department advise the Secretary-Treasurer of the Oxford County Land Division Committee that all financial requirements of the County of Oxford with respect to the provision of water and sewer services to the subject property has been complied with, to the satisfaction of the County Public Works Department. 3. The owners shall provide proof that the lots have been serviced with municipal water services, municipal sanitary sewers, and municipal storm sewers, to the satisfaction of the Town of Tillsonburg Building Department. 4. The owners shall obtain new civic addresses for the lots to be severed and retained, to the satisfaction of the Town of Tillsonburg Building Department. 5. The owners shall provide a preliminary lot grading plan, to the satisfaction of the Town of Tillsonburg Engineering Services Department. 6. The owners shall provide confirmation that the overall run-off coefficients (for the lands to be severed and retained will be acceptable with the proposed increased lot coverage, to the satisfaction of the Town of Tillsonburg Engineering Services Department. 7. The owners shall provide confirmation that the proposed sightlines for the reduced exterior side yard will meet the TAC Guidelines, to the satisfaction of the Town of Tillsonburg Engineering Services Department. 8. The owners shall make payment for cash-in-lieu of parkland, to the satisfaction of the Town of Tillsonburg. 9. The Clerk of the Town of Tillsonburg advise the Secretary-Treasurer of the Land Division Committee that all requirements of the Town, financial, services and otherwise, have been complied with. B20-14-7: 1. The lot to be severed and lot to be retained be appropriately zoned. 2. The Oxford County Public Works Department advise the Secretary-Treasurer of the Oxford County Land Division Committee that all financial requirements of the County of Oxford with respect to the provision of water and sewer services to the subject property has been complied with, to the satisfaction of the County Public Works Department. 3. The owners shall provide proof that the lots have been serviced with municipal water services, municipal sanitary sewers, and municipal storm sewers, to the satisfaction of the Town of Tillsonburg Building Department. 4. The owners shall obtain new civic addresses for the lots to be severed and retained, to the satisfaction of the Town of Tillsonburg Building Department. Page 82 of 105 Report No: CP 2020-146 COMMUNITY PLANNING Council Meeting: June 23, 2020 Page 12 of 13 5. The owners shall provide a preliminary lot grading plan, to the satisfaction of the Town of Tillsonburg Engineering Services Department. 6. The owners shall provide confirmation that the overall run-off coefficients (for the lands to be severed and retained will be acceptable with the proposed increased lot coverage, to the satisfaction of the Town of Tillsonburg Engineering Services Department. 7. The owners shall make payment for cash-in-lieu of parkland, to the satisfaction of the Town of Tillsonburg. 8. The Clerk of the Town of Tillsonburg advise the Secretary-Treasurer of the Land Division Committee that all requirements of the Town, financial, services and otherwise, have been complied with. SIGNATURES Authored by: "Original Signed By" Eric Gilbert, MCIP, RPP, Senior Planner Approved for submission: "Original Signed By" Gordon K. Hough, RPP, Director Page 83 of 105 Report No: CP 2020-146 COMMUNITY PLANNING Council Meeting: June 23, 2020 Page 13 of 13 Report Approval Details Document Title: B20-12-13-14-7_7-20-02_rpt_till.docx Attachments: - Plates1-4.pdf - b20-12-13-14-7_amended_appl-20200331.pdf - 7-20-02_appl-20200210.pdf Final Approval Date: Jun 19, 2020 This report and all of its attachments were approved and signed as outlined below: No Signature - Task assigned to Kyle Pratt was completed by delegate Michelle Smibert Kyle Pratt - Jun 19, 2020 - 12:50 PM Page 84 of 105 March 19, 2020 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 1100 Notes NAD_1983_UTM_Zone_17N 55 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) Plate 1: Location Map with Existing Zoning File Nos: B20-12-7, B20-13-7, B20-14-7 & ZN7-20-02 - Hiebert & Peters Lot 86, Plan 41M-139 and Part 1 Plan 41R-6082, 79 Woodland Crescent, Town of Tillsonburg Quartertown Line Subject Lands Page 85 of 105 March 19, 2020 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 550 Notes NAD_1983_UTM_Zone_17N 28 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) Plate 2: Proposed Lot Configuration File Nos: B20-12-7, B20-13-7, B20-14-7 & ZN7-20-02 - Hiebert & Peters Lot 86, Plan 41M-139 and Part 1 Plan 41R-6082, 79 Woodland Crescent, Town of Tillsonburg Quartertown Line Lot to be Retained Lot to be Severed (B20-13-7)Lot to be Severed (B20-14-7) Lot to be Severed (B20-12-7) Woodland Crescent Trillium Drive Page 86 of 105 March 19, 2020 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 280 Notes NAD_1983_UTM_Zone_17N 14 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) Plate 3: 2015 Aerial Map File Nos: B20-12-7, B20-13-7, B20-14-7 & ZN7-20-02 - Hiebert & Peters Lot 86, Plan 41M-139 and Part 1 Plan 41R-6082, 79 Woodland Crescent, Town of Tillsonburg Lot to be Retained Lot to be Severed (B20-12-7) Lot to be Severed (B20-14-7) Lot to be Severed (B20-13-7) Quartertown Line Woodland Crescent Page 87 of 105 "PARCEL A" LANDS TO BE RETAINED "PARCEL B" LANDS TO BE SEVERED "PARCEL C" LANDS TO BE SEVERED "PARCEL D" LANDS TO BE SEVERED Cyril J. Demeyere Limited P.O. Box 460, 261 Broadway Tillsonburg, Ontario. N4G 4H8 Tel: 519-688-1000 866-302-9886 Fax: 519-842-3235 cjdl@cjdleng.com QUARTER TOWN LINEWOODLAND CRESCENTTRILLIUM DRIVELANGRELLAVENUEPlate 4: Applicants' Sketch File Nos: B20-12-7, B20-13-7, B20-14-7 & ZN7-20-02 - Hiebert & Peters Lot 86, Plan 41M-139 and Part 1 Plan 41R-6082, 79 Woodland Crescent, Town of Tillsonburg Page 88 of 105 AMENDED Page 89 of 105 Page 90 of 105 Parcel "B" Page 91 of 105 Parcel "C" 17.07 620.5 m Page 92 of 105 Parcel "D" 17.93 651.7 m Page 93 of 105 Page 94 of 105 Page 95 of 105 1J FILE No: --"'zN'--'---_T:._-_2_0_-_0_2-_ CO N~I E C I ED. ENRICHED. IN SPIRED . DATE RECEIVED: r:eb. 16)26 TOWN OF TILLSONBURG APPLICATION FOR ZONE CHANGE 1. Registered Owner(s): Name: Jacob Hiebert & John Peters Address: 4 Feltz Drive, Ingersoll ON Postal Code: ....;.N..;.;5:;..;C;;_;.4.=E..:..9 _______ _ Applicant (if other than registered owner): Phone: Residence:-------- Business: 403-796-2315 Fax: _________ ___ E-mail: jacob?hiebert@gmail.com Name:--------------------Phone: Residence:-------- Address:----------------------Business:-------- Postal Code:------------ Solicitor or Agent (if any): Name: Cyril J Demeyere Limited -Andrew Gilvesy Address: 261 Broadway, Tillsonburg ON Postal Code: -'N-=-=-4G=--4.:..:.H...:.c8::.._ ______ _ Fax: _________ ___ E-mail: ------------------ Phone: Business: -------- Fax: ---------- E-mail: cjdl@cjdleng.com All communications will be sent to those listed above. If you do not wish correspondence to be sent to the 0 Owner, 0 Applicant, or 0 Solicitor/Agent, please specify by checking the appropriate box. Name and address of any holders of any mortg age, charges or other encumbrances (if known): 2. Subject Land(s): a) Location: , Municipality Tillson burg former mun icipality --------------- Co ncession No .-------------Lot(s) -=8-=6------------------ Registered Plan No . ....:.4...:..1 :..:..M:..:..-1.:....:3::..:9:.._________ Lot(s) ------------------ Reference Plan No . _4..:..1.:....:R...:.-....::6.c:.O.c:.8=2_______ Part(s) N4G 4H8 The propos ed lot is located on th e _W_e_s_t _______ side of Qu a rter Town Line Road Street, lying betwee n _T.:_r:..:..il....:.li.:....:um:..:..:....:D=-r:..:..iv.:....:e:..._ ____________ Street and Woodland Cresce nt Street. Street and/or Civic Address (911#): __ ._?_,__:1_,_-"uJ=CQ'-'='""'-"'IJ~L=·..:._B-N,_,_,=~=--C-=-ZeS~==· ---'------------- b) Official Plan Designation: Existing: Low Density Residential Proposed: Low Density Residential If th e proposed designation is different th an th e exis ting designation, has an app li ca ti on for Official Plan Amendm ent been fil ed with th e Cou nty of Oxford? !Xi No 0 Yes FOR OFFICE USE ONLY DATE PRESCRIBED IN FORMATION COMPLETE PIN 0 0 o 1q OZ-Lt2 (p REV.JAN 2019 Page 96 of 105 TOWN OF TILLSONBURG APPLICATION FOR ZONE CHANGE Page 2 c) Zoning: Present: Neighbourhood Commercial (NC) Proposed : Low Density Residential -Type 2-Special d) Uses: Present: ---'-V-'-a--'-c-'-'a'-'-nt-'----------------------------------- Proposed: (Include description) 2 Single Family Residence & 2 Semi Detached Residences 3. Buildings/Structures: For all buildings/structures, either existing or proposed on the subject lands , please supply the following information: Existing/Proposed Use: Date Constructed (If known): Floor Area: Setbacks: Front lot line Side lot lines Rear lot line ~ None Existing Building 1 D None Proposed Bui lding 2 Resident ial 2020 N/A 6.0m (min) 1.2m & 4.5m (min) Please complete for residential, commercial/industrial or Institutional uses . .--~R~E-S-ID-E-NT_I_A _L ----.-----C~O_M_M_E_R_C-IA-U~---.----~IN_S_T-IT-U-TI_O_N_A_L----, INDUSTRIAL ·-----=Toc-Y-PE ___________ .. __________________ t--S-in_g_le-de_t_a-ch_e_d_&_-r--------+-----------J Apt., semi, townhouse, retail, restaurant, church, semi-detached etc . .. ______ --------------------------------· --------·-----------------·-·····--·····-----------·-------- #OF UNITS 6 N/A ---coNvERsloNtADolnoN To exlsTINo-siiiLotNG _________ ---------------------------------·---------------------- .. ------------------------------·-o-es-criba-------------·----.. -·-····-·············-··--·----------·-····-----·-·····----·- -----·--·------------·--·--·-···--·-···· ----···-------------____ ._ _______________ ----···---·------······----- TOTAL# OF UNITS/BEDS N/A N/A ------.. -----·-,-----------------------------·-----··· ·--------------------------------------------·---·-----·---- FLOOR AREA by dwelling unit or by type (office, retail common rooms, etc.) ~------------------------·---------·--·--·---·-·---------· ··--·-----·-·----------------------·--------·-------- OTHER FACILITIES (playground, underground parking, pool, etc.) ·--------------------------------------.. ·-'----------------···----·-·---·-·--·-·····--·······-------------.-----------1---------------------# OF LOTS (for subdivision) N/A ·····---------------_._._ ___________________________ ·f-··--·----····--······---............................... ··-·········-.. ·-···-----------.. ---····--···--· .. _ _. ______________________ _ SEATING CAPACITY N/A (for restaurant, assembly hall, etc.) --·--#-OF STA~----·----------------····-----------------------------NiA--·-···-·····--········· ............................ ------·-·-----·--------------------·-·-----------·-----·-- ----OPEN sTORAGERE<iuiR.eo?·-------------------~ ----------·--NiA _____________ .. ___ r··------------------·-----------------------------w.A:·-------·-·--·-· 4. Site Information (proposed use(s): Lot Frontage 15.85m-19.15m Lot Depth 36.15m -36.35m Lot Area 573m 2-692m 2 Lot Coverage 45% Front Yard 6.0m Rear Ya rd 7.5 m Interior Side Ya rd 1.2m Exterior Side Yard (corner lot) Landscaped Open Space(%) No. of Parking Spaces No . of Lo ading Spaces Bui lding Height Width of Planting Strip Driveway Width If acces sory residen tial use, complete residential secti on 4 .5m 30% N/A N/A 10.5m N/A N/A Page 97 of 105 TOWN OF TILLSONBURG APPLICATION FOR ZONE CHANGE 5. Services: (check appropriate box) Water supply Sewage Disposal Storm Drainage 6. Access: Publicly owned and operated p iped water system Privately owned and operated Individual well Other (specify)---------- Publicly owned and operated sanitary sewer system Privately owned and operated Individual septic tank Other (specify)---------- Municipal Sewers Municipal Drains ~ 0 Ditches Swales Iii: 0 Provincial Highway County Road 0 Unopened Road Allowance Municipal Road maintained all year Municipal Road seasonally maintained 7. Generallnformation: 0 ~ 0 Right-of-Way owned by Other (specify} Page 3 Existing Proposed !iQ 0 0 0 0 0 ~ 0 0 0 0 0 0 0 0 a) Is the Subject Land the subject of regulations for flooding or fill and construction permits of the Long Point Region Conservation Authority? If yes, has an Application been filed with the Conservation Authority? 1&1 No 0 No 0 Yes 0 Yes b) Present land use(s) of adjacent properties: Residential c) Characteristics of subject land (check appropriate space(s) and add explanation, if necessary) (i) Does the land contain environmental features such as wetlands, woodlots, watercourses, etc.? ~ No 0 Yes lfyes,describe -------------------------- (ii) Has any part of the land been formally used for any purpose other than agricu ltural purposes? 0 No 1&1 Yes If yes, describe former use : Vacant-commercial land-newer development 8. Historicallnformation: a) Is the subject land the subject of a current Application for Consent to the OXford County Land Division Committee or a current application for draft plan of subdivision to the County of Oxford? 0 No !iQ Yes~ Application No. b) Have the subject land(s) ever been the subject of any other application under the Planning Act, such as an application for approval of an Official Plan amendment, a zoning by-law amendment, a Minister's Zoning Order amendment, consent , a minor variance , or approval of a plan of subdivision? c) d) !&l No 0 Unknown 0 Yes ~ File No. _____ _ Status/Decision---------- If known, the date the subj ect land was acquired by the o wner? 2019 If known, the length of time that the e xisting uses of the subject l and have continued? 30 + years Page 98 of 105 TOWN OF TILLSONBURG APPLICATI ON FOR ZONE CHANGE Page 4 [" ....................................................................... i\.u'iii.oriiati.oil "oi.~(-sfior .. Ap.pi'i'ca·ntiAge·n·t .. to .. Make.th'e .. App.ii'cati'on ........................................................................ l !1/We, -:f "-\.c.ob \tf~~~;Iuh" am/are the owner(s) of the land that is the subject of this application for zone! I changl and I /We aut~orize , to make this application o my/ou~ehal_f.__ I ~ FeJ:J t'2o)O ~~ _x . , _::?: = : L.P..<l.!~ ......................................................................... §.i_gn.'=!.!!J.r.~ .. '?.!...<?.".'n~r.(~.l .............................................................................. :. ·--~~~.r.~ .. <?.t_g~~-~r.(~L .................................................. ..l THIS SECTION TO BE COMPLETED IN THE PRESENCE OF A COMMISSIONER FOR TAKING AFFIDAVITS INVe Ar"c,kCM-) G ~ lv~s 2j of the _IC_.:..,.o"'-vJ'---:-r'l _____ _ of \\ \ \ SO'tv\o'-"'0s in the C~v.V'\h of __ 0=-:.Y-..,...b..;;;.._~_,___ _____ _ DO SOLEMNLY DECLARE THAT: All of the prescribed information contained in this application is true and that the information contained in the documents that may accompany this application is tru e and I make this solemn declaration conscientiously believing it to be tru e and knowing that it is of the same force and DECLARI;:D before me at the _ __.__ -=-'--"-'---'------ effect as if made und er oath an~lby0viLrtl.)uenof the Canada Evidence Act. {1J ~, of Ti ltsonbLLE§ 0 in the c.2J t.Ltl k t of OY:i-orcl-Owner(s)/Applican this ey-J I day of Fdyu.Cvj 20~ J 1 Owner(s)/Applicant -;-;;----f,JI\_,~.l.ili.t<<..df£~'1/J~-A?·-:7-.a~[C;:'OL.W:p~~-==--------.--.HELEN JOHNSON, a Commissioner, A Commissioner for TakjP(i i)ffidavits ere.' Pro v ince of Ontario, for the l . .../ Corporation of the Town of Tillsonburg Expires : March 10, 2020 Notes: 1. Applications will not be considered complete until all requested information has been supplied. 2. It is required that one original of this application (including the sketch/site plan) be filed, accompanied by the appli cab le fee of $1,200.00 in cash or cheque, payable to the Treasurer, Town of Tillsonburg. A fee of $2,400.00 will be charged if an application is required 'after the fact' (after the use has occupied the site). Municipal Freedom of Information and Protection of Privacy Act -Notice of Collection & Disclosure The collection of personal Information on this form is legally authorized under Sec.34 of the Planning Act and O.Reg.545/06 for the purpose of processing your planning appli cation . Questions about this collection shou ld be directed to the Director of Community Planning at the County of Oxford , 21 Reeve St., P .O . Box 1614, Woodstock, ON N4S 7Y3 or at 519-539-9800 (ext.3207). Pursuant to Sec.1 .0 .1 of the Planning Act, and in accord ance with Sec.32(e) of the Municipal Freedom of Information and Protection of Privacy Act, it is the policy of th e County of Oxford to make all planning applications and s upporting ma terial avail abl e to the public. Page 99 of 105 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2020-____ 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 ‘R1A-H’ the zone symbols of the lands so designated ‘R1A-H’ on Schedule “A” attached hereto. 2. 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 23RD day of JUNE, 2020. READ A THIRD TIME AND FINALLY PASSED THIS 23RD day of JUNE, 2020. ___________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK – Michelle Smibert Page 100 of 105 R E G I S T E R E D P L A N4 1 M - 1 4 4 4 35 75 65 55 45 35 25 15 04 94 84 74 64 54 49 27 87 98 08 18 28 38 48 58 68 78 88 99 09 17 67 57 47 37 27 17 06 96 86 76 66 56 4 R E G I S T E R E D P L A N 4 1 M - 1 4 4 2 7 2 8 2 9 3 0 3 1 3 2 3 3 3 4 3 53 6 3 73 84 24 14 34 43 94 05 24 95 15 04 84 54 64 75 35 45 55 65 75 85 96 06 16 2 1 6 1 3 R E G I S T E R E D P L A N4 1 M - 1 4 4N11°25'40"W37.10 21.72N11°54'50"W15.20N78°53'00"E 37.38 N 77° 46' 35" E 37.22 37.30 21.68 N11°07'00"W35.00N79°21'50"EN79°21'50"E N79°21'50"E 35.00 31.5938.50 38.36 N12°06'40"WN12°06'40"W38.1037.8022.84104.27 49.30N11°07'00"W35.0032.6612.52 N79°22'20"E CONCESSIONST W CHESTNUT DR WALNUT DRHEMLOCK DR SYCAMORE DR BEECH BLVDR E G I S T E R E D P L A N 4 1 M - 1 4 3 N68°05'55"E N11°07'00"W 166.95N78°53'00"E 245.21 N12°11'10"W35.00N10°45'55"WN77°46'35"E N12°04'10"W 131.39N77°46'35"E N12°13'25"W46.75 SCHEDULE "A" LOTS 43 TO 57 INCLUSIVE, REGISTERED PLAN 41M-143AND LOTS 1, 3, 16, 27 TO 62 INCLUSIVE, 64 TO 76 INCLUSIVE,AND 78 TO 92 INCLUSIVE, REGISTERED PLAN 41M-144TOWN OF TILLSONBURG NOTE: ALL DIMENSIONS IN METRES THIS IS SCHEDULE "A" Stephen Molnar, MAYOR Michelle Smibert, TOWN CLERK TO BY-LAW No. ________________, PASSED THE __________ DAY OF ____________, 2020 TO BY-LAW No.© 25 0 25 50 7512.5 METRES AREA OF ZONE CHANGE TO R1A(H)R1A(H) R1A(H) R1A(H) R1A(H) R1A(H) Page 101 of 105 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2020-_____ 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 ‘R3-17’ & ‘OS1’ the zone symbols of the lands so designated ‘R3-17’ & ‘OS1’ 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 at the end thereof: “8.6.17 LOCATION: LOT 1391, PART LOTS 1389-1390, PLAN 500, WEST SIDE OF VIENNA ROAD, R3-17 (KEY MAP 29) 8.6.17.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R3-17 zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: a street-fronting townhouse dwelling; a home occupation, in accordance with the provisions of Section 5.13 of this By-Law. 8.6.17.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R3-17 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 8.6.17.2.1 NUMBER OF STREET-FRONTING T OWNHOUSE DWELLINGS Maximum 26 8.6.17.2.2 For the purpose of this By-Law, a street-fronting townhouse dwelling within the R3-17 Zone may front on a private street. 8.6.17.2.3 PHASED REGISTRATION OF CONDOMINIUMS Internal lot lines created by phased registration of a plan of condominium shall not be construed to be lot lines for the purpose of zoning regulations Page 102 of 105 By-Law 2020-____ Page 2 of 2 provided that all such regulations as they apply to the whole of the lot existing prior to any condominium plan registration are observed. 8.6.17.3 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 23RD day of JUNE, 2020. READ A THIRD TIME AND FINALLY PASSED THIS 23RD day of JUNE, 2020. ___________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK – Michelle Smibert Page 103 of 105 N79°35' 3 0 " W 5.47 N78°55'00"E 4.73 N78°22' 4 0 " W 4 8 . 7 7 N11°3 2 ' 1 0 " E8.19 N75°09 ' 2 0 " W8.10 18.26N78°28' 1 5 " W 11.30 L O T 1 3 9 0 L O T 1 3 8 9 N28°56'55"W8.178.439.18N9°07'10"W10.49N16°57'25"EN79°35 ' 2 0 " W13.47 N79°17'55"E15.24N20°06'50"W17.01 N 4 1 ° 3 1 ' 2 5 "W 1 7 . 5 9 N16°55'20"EN86°58'20"E22.88 N60°32'30"E 24.84 N8°58'55"W26.21N78°48'15"E27.75 N6°32'40"E28.67N89°00'40"W 30.44N35°04'00"E 36.42N 3 6 ° 0 5 ' 1 0 "W 3 7 . 9 1 N9°48'10"W 38.68N79°35' 2 0 " W 4 0 . 2 3 N78°22' 4 0 " W 4 8 . 7 7 N87°35'45"E 51.62 N79°37'35"E 98.87 N81°50'55"E4.42 N85°23 ' 2 0 " E10.51 R=26.74A=7.05 VIENNA RDL O T 1 3 9 1 J U D G E ' S P L A N 5 0 0 SCHEDULE "A" PT LOTS 1389, 1390 AND 1391, JUDGE'S PLAN 500TOWN OF TILLSONBURG AREA OF ZONE CHANGE TO OS1 NOTE: ALL DIMENSIONS IN METRES THIS IS SCHEDULE "A" Stephen Molnar, MAYOR Michelle Smibert, TOWN CLERK TO BY-LAW No. ________________, PASSED THE __________ DAY OF ____________, 2020 TO BY-LAW No.© 10 0 10 20 305 METRES ÞÞAREA OF ZONE CHANGE TO R3-17 OS1 R3-17 OS1 R3-17 Page 104 of 105 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2020-061 BEING A BY-LAW to confirm the proceedings of Council at its meeting held on the 23rd day of June, 2020. 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; BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. All actions of the Council of The Corporation of the Town of Tillsonburg at its meeting held on June 23, 2020, 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 23rd DAY OF JUNE, 2020. READ A THIRD AND FINAL TIME AND PASSED THIS 23rd DAY OF JUNE, 2020. ________________________________ MAYOR – Stephen Molnar _______________________________ TOWN CLERK – Michelle Smibert Page 105 of 105