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200727 Regular Council Meeting AgendaThe Corporation of the Town of Tillsonburg COUNCIL MEETING AGENDA Monday, July 27, 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 Monday, July 27, 2020, be adopted. 3.Disclosures of Pecuniary Interest and the General Nature Thereof 4.Adoption of Council Minutes of Previous Meeting 5.Public Meetings 5.1 Applications for Official Plan Amendment and Zone Change OP 19-16-7 & ZN 7-19- 14 (Broadway TSB Inc.) Proposed Resolution #2 Moved By: ________________ Seconded By: ________________ THAT Council approve-in-principle, the zone change application File No. ZN 7-19-14, submitted by Broadway TSB Inc., for lands described as Lot 7, Concession 10 (Dereham), Parts 1, 3, 6, 7, 9, 10 & 11 of Reference Plan 41R-7145, Town of Tillsonburg, to amend the provisions of the ‘Special Service Commercial Zone (SC-4)’ to permit a broader range of commercial uses on the subject property and provide for a reduced interior side yard width. AND THAT Council advise County Council that the Town supports the application for Official Plan Amendment, File No. OP 19-16-7, submitted by Broadway TSB Inc., for lands described as Lot 7, Concession 10 (Dereham), Parts 1, 3, 6, 7, 9, 10 & 11 of Reference Plan 41R-7145, Town of Tillsonburg, to amend the Service Commercial polices affecting the subject lands to include a wider range of permitted commercial uses for the site, and to permit the construction of two 929 m2 (10,000 ft2) multi- tenant commercial plazas. 5.2 Applications for Official Plan Amendment & Zone Change OP 20-10-7 & ZN 7-20-07 (Hayhoe Rentals Limited) Proposed Resolution #3 Moved By: ________________ Seconded By: ________________ THAT Council support the application to amend the County Official Plan (File No. OP 20-10-7), submitted by Hayhoe Rentals Limited, for lands legally described as Lot 71, Plan 500, Part 1 of Reference Plan 41R-9918, in the Town of Tillsonburg, to redesignate the subject lands from ‘High Density Residential’ to ‘Medium Density Residential’, to facilitate the development of 59 street fronting townhouses on the said lands; and AND THAT Council approve-in-principle the zone change application (File No. ZN 7- 20-07) submitted by Hayhoe Rentals Limited, for lands legally described as Lot 71, Plan 500, Part 1 of Reference Plan 41R-9918, in the Town of Tillsonburg, to rezone the lands from ‘Low Density Residential Type 1 Zone (R1)’ to ‘Special Medium Density Residential Zone (RM-6)’ and ‘Passive Use Open Space Zone (OS1)’ to facilitate the development of a 59 street fronting townhouse units on the subject lands. 5.3 Application for Zone Change ZN 7-20-05 (2539598 Ontario Inc.) Proposed Resolution #4 Moved By: ________________ Seconded By: ________________ THAT Council not approve the zone change application submitted by 2539598 Ontario Inc., whereby the lands described as as Lot 1302 & Part Lots 377, 1301 & 1303, Plan 500, and Part 1 of 41R-1073, Town of Tillsonburg, known municipally as 52 Simcoe Street are to be rezoned from ‘Service Commercial Zone (SC)’ to ‘Special Service Commercial Zone (SC-xx)’ to permit a retail store as an additional permitted use on the subject lands as the proposal does not maintain the intent and purpose of the Official Plan regarding development in Service Commercial areas. 6.Planning Applications 7.New Business Page 2 of 226 8.Motions/Notice of Motions 9.By-Laws 9.1 A By-Law to amend Zoning By-Law Number 3295 (ZN 7-20-02) Proposed Resolution #5 Moved By: ________________ Seconded By: ________________ THAT A By-Law to amend Zoning By-Law number 3295 (ZN 7-20-02), 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. 10.Confirm Proceedings By-law Proposed Resolution #6 Moved By: ________________ Seconded By: ________________ THAT By-Law 2020-073, to Confirm the Proceedings of the Council Meeting held on July 27, 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. 11.Items of Public Interest 12.Adjournment Proposed Resolution #7 Moved By: ________________ Seconded By: ________________ THAT the Council Meeting of Monday, July 27, 2020 be adjourned at ______ p.m. Page 3 of 226 Report No: CP 2020-73 COMMUNITY PLANNING Council Date: July 27, 2020 To: Mayor and Members of Tillsonburg Town Council From: Eric Gilbert, Senior Planner, Community Planning Applications for Official Plan Amendment and Zone Change OP 19-16-7 & ZN 7-19-14 – Broadway TSB Inc. REPORT HIGHLIGHTS  The purpose of the Official Plan Amendment is to introduce a site-specific special policy area for an existing service commercial development, to permit a wider range of commercial uses, and facilitate the construction of two 929 m2 (10,000 ft2) multi-tenant commercial plaza-style buildings.  The Zone Change proposes to amend the existing ‘Special Service Commercial Zone (SC-4)’ to permit a wider range of commercial uses on the site, and to provide for a reduced interior side yard width for the northerly commercial plaza being proposed.  A retail market impact study was undertaken in support of the application, to determine if the additional commercial space is warranted, and whether it will have a detrimental impact on the planned function of downtown Tillsonburg and the wider Tillsonburg trade area. The study concluded that the additional space is warranted, and no negative impacts to the downtown are anticipated.  The proposal is consistent with the relevant policies of the 2020 Provincial Policy Statement and is in-keeping with the strategic initiatives and objectives of the Official Plan, and is supportable from a planning perspective. DISCUSSION Background OWNER: Broadway TSB Inc. 4 Abacus Road, Unit 3 Brampton, ON L6T 5J6 APPLICANT: Cantam Group Limited 850 Tapscott Road, Unit 51 Scarborough, ON M 1X 1N4 Page 4 of 226 Report No: CP 2020-73 COMMUNITY PLANNING Council Date: July 27, 2020 Page 2 of 11 LOCATION: The subject property is described as Lot 7, Concession 10 (Dereham), Parts 1, 3, 6, 7, 9, 10 & 11 of Reference Plan 41R-7145, in the Town of Tillsonburg. The lands are located on the east side of Broadway, north of North Street, and are municipally known as 678 / 680 Broadway. COUNTY OF OXFORD OFFICIAL PLAN: Existing: Schedule “T-1” Town of Tillsonburg Land Use Plan Service Commercial Proposed: Schedule “T-1” Town of Tillsonburg Land Use Plan Service Commercial with special policies TOWN OF TILLSONBURG ZONING BY-LAW NO. 3295: Existing: ‘Special Service Commercial Zone (SC-4)’ Proposed: Amended ‘Special Service Commercial Zone (SC-4)’ PROPOSAL: Applications for Official Plan Amendment and Zone Change have been submitted to the County of Oxford and Town of Tillsonburg respectively. The purpose of the Official Plan Amendment is to create a special policy area for the subject lands to expand the number of permitted uses, and to permit the construction of two 929 m2 (10 000 ft2) multi-tenanted commercial plaza-style buildings on the site. The Zone Change proposes to amend the ‘Special Service Commercial Zone (SC-4)’ to add a number of additional retail and service uses on the site. The applicant has requested that the following uses be permitted on the site:  Athletic and Dance Instruction (e.g. martial arts, yoga studio)  Dollar Store  Electronics Store  Eyewear or Hearing Device Store  Financial Advisors (excluding banks)  Florist  Insurance Broker  Nutritional Supplement Store  Pet Food Store  Pharmacy  Photo or Artist Studio  Private Education (e.g. Kumon)  Real Estate Office  Specialty Sporting Goods Outlet (e.g. Bicycles, Running, Scuba)  Travel Agent Page 5 of 226 Report No: CP 2020-73 COMMUNITY PLANNING Council Date: July 27, 2020 Page 3 of 11 The lands are approximately 3.3 ha (8.24 ac.) in area and contain a retail food store comprising approximately 3,716 m2 (40,000 ft2), a gas bar, and a commercial plaza, approximately 465 m2 (5 000 ft2) with a Subway Restaurant and a fitness gym. The applicant is proposing to construct two single storey multi-tenant commercial buildings, each approximately 929 m2 (10 000 ft2) in size on the southern and northern limit of the existing parking area. In support of the applications, the applicant submitted a planning justification report, prepared by Vladimir Rudenko, RPP of Strogan Inc. Surrounding land uses include residential development to the east and south, with vacant land to the north and two automobile dealerships to the west. The site has a signalized entrance at Broadway. Plate 1, Location Map with Existing Zoning, shows the location of the subject property and the existing zoning in the immediate vicinity. Plate 2, 2015 Aerial Map, provides an aerial view of the subject lands. Plate 3, Applicant’s Proposed Site Plan, shows the proposed multi-tenant buildings on the site, with existing buildings and parking areas. Comments 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 provides that healthy, liveable and safe communities are sustained by promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term, accommodating an appropriate range and mix of residential, employment (including industrial, commercial and institutional uses), recreational and open space uses to meet long-term needs and avoiding development and land use patterns which may cause environmental or public health and safety concerns. Section 1.1.2 states that sufficient land shall be made available to accommodate an appropriate range and mix of land uses to meet projected needs for the planning period. Within settlement areas, sufficient land shall be made available through intensification and redevelopment and, if necessary, designated growth areas. Further, Section 1.1.3.2 directs that settlement areas shall be the focus of growth and development, and their vitality and regeneration shall be promoted. Land use patterns within settlement areas shall be based on densities and a mix of land uses which efficiently use land and resources and existing infrastructure and public service facilities. A range of uses and opportunities for intensification and redevelopment should also be promoted where it can be accommodated in settlement areas. Page 6 of 226 Report No: CP 2020-73 COMMUNITY PLANNING Council Date: July 27, 2020 Page 4 of 11 Section 1.1.3.3 further 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. Section 1.3 of the PPS provides that planning authorities shall promote economic development and competitiveness by: a) providing for an appropriate mix and range of employment (including industrial, commercial, and institutional uses) to meet long-term needs; b) providing opportunities for a diversified economic base, including maintaining a range and choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses; c) planning for, protecting and preserving employment areas for current and future uses; d) ensuring the necessary infrastructure is provided to support current and projected needs. Section 1.7.1 provides policies relating to planning authorities ensuring long -term economic prosperity by, among other matters, maintaining and, where possible, enhancing the vitality and viability of downtowns and mainstreets. OFFICIAL PLAN The policies regarding commercial development contained in Section 8 (Town of Tillsonburg Land Use Policies) of the Official Plan may be found within Section 8.3 (Economic Development and Employment Areas). Generally, the Central Area of Tillsonburg is considered to be the “highest order retail shopping district capable of meeting the day-to-day and specialty needs of the residents of the Town of Tillsonburg and surrounding areas.” Section 8.3 also encourages a balanced distribution of downtown, service, and neighbourhood commercial areas that serve the varied needs of Town residents by creating a hierarchy of shopping areas and defining locational criteria and development guidelines. The Official Plan also includes a vision for the Central Area that goes beyond being a shopping destination. The Plan directs that in the future, the Central Area of the Town of Tillsonburg will remain as the most functionally diverse area of the Town and will serve as the primary business, cultural and administrative centre. The commercial core of the Central Area will remain a viable regional retail shopping district capable of meeting the day-to-day and specialty needs of residents of the Town as well as serving the southern part of Oxford County and portions of Elgin and Norfolk Counties. At the same time the Central Area will increasingly serve as a people place and will have increased day and night activity through the introduction of residential development within and near the Central Area and through better integration of the Central Area with the wider community. Section 8.3.2.1 further states that proposals to permit major commercial development outside of the Central Area may be considered for approval only if the evaluation indicates an acceptable level of impact on the planned retail function and the economic viability of the Central Area. Page 7 of 226 Report No: CP 2020-73 COMMUNITY PLANNING Council Date: July 27, 2020 Page 5 of 11 New or expanded retail developments outside the Central Area requiring a planning approval will be subject to planning and market impact studies in accordance with Section 8.3.3.1 which show, to the satisfaction of the Town of Tillsonburg and the County, that the type and size of proposed facilities are warranted, that no suitable Central Area locations are available for the proposed facilities, and that the planned function of the Tillsonburg Central Area will not be significantly prejudiced or impacted. Any planning and market impact studies may be subject to Peer Review at the discretion of the County of Oxford and the Town of Tillsonburg at the expense of the applicant for such retail developments. Service Commercial Uses, as defined in Section 8.3.3 provide locations for a broad range of commercial uses that, for the most part are not suited to locations within the Central Area because of their site area, access or exposure requirements or due to compatibility conflicts with residential development. Service Commercial areas, while providing for a limited amount of retail use, are not intended to accommodate retail activities that are typically characteristic of a Central Area location and will not directly compete with the Central Area, unless it can be justified that a location in the Central Area is not feasible by land area or building area restrictions. Given the potential proximity of Service Commercial areas to residential areas, this designation may also include uses which serve the day-to-day needs of adjacent residential neighbourhoods. The potential proximity of Service Commercial areas to residential areas and the need to minimize disruption to traffic flows on major roads necessitates close attention being given to site planning, the range of uses permitted and development form. Section 8.3.1 provides that maintaining an adequate supply of land for Service Commercial needs through infilling and consolidation of existing areas and by designation additional land for service commercial purposes is a strategic goal of the Town and County. New or expanded retail developments outside the Central Area requiring a planning approval will be subject to planning and market impact studies in accordance with Section 8.3.3.1 which show, to the satisfaction of the County of Oxford and the Town of Tillsonburg, that the type and size of proposed facilities are warranted, that no suitable Central Area locations are available for the proposed facilities, and that the planned function of Tillsonburg’s Central Area will not be significantly prejudiced or impacted. Any planning and market impact studies may be subject to Peer Review at the discretion of the County of Oxford and the Town of Tillsonburg at the expense of the applicant for such retail developments. Specifically, the Official Plan requires such studies to accompany proposals for commercial facilities greater than 4,645 m2 (50,000 ft2). Section 8.3.3.1 of the Official Plan states that the scale of uses within the Service Commercial designation will generally range from 3,500 square feet (325 square metres) to 50,000 square feet (4,645 square metres). Uses of less than 3,500 square feet (325 square metres) will be encouraged to locate in the Central Area, where appropriate. ZONING BY-LAW The subject property is zoned ‘Special Service Commercial Zone (SC-4)’ in the Town Zoning By-Law No. 3295. The special zoning permits all uses within the SC zone as well as a retail food store not exceeding 3,716 m2 (40,000 ft2), and an accessory retail wine outlet, with an area not exceeding 37 m2 (400 ft2). The SC zone currently permits a variety of uses, including: Page 8 of 226 Report No: CP 2020-73 COMMUNITY PLANNING Council Date: July 27, 2020 Page 6 of 11  An accessory dwelling unit in a portion of a non-residential building, other than an automobile service station;  an assembly hall;  an auction establishment;  an automated banking machine;  an automobile service station;  a bar or tavern;  a brew your own establishment;  a building supply store and yard;  a commercial recreation establishment - indoor;  a commercial recreation establishment – outdoor;  a convenience store, not exceeding 372 m2 (4,004 ft2 );  a dry cleaning establishment;  an eating establishment, with or without a drive through facility;  a farm produce retail outlet;  a fire, police or ambulance station;  a funeral home;  a furniture and home appliance sales and service establishment;  a gas bar;  a hotel or motel;  a household power equipment sales and service establishment;  a kennel;  a motor vehicle sales establishment;  a motor vehicle retail or wholesale parts outlet;  a motor vehicle washing establishment;  a parking lot;  a personal service establishment;  a place of entertainment;  a place of worship;  a public garage;  a public use, in accordance with the provisions of Section 5.27 of this By-Law;  a retail food store;  a retail nursery;  a service shop;  a taxi stand or station;  a veterinary clinic;  a video rental establishment;  a wholesale outlet, accessory to any permitted non-residential use. The applicants are proposing the following additional uses: • athletic and dance instruction (e.g. martial arts, yoga studio); • dollar store; • electronics store; • eyewear or hearing device store; • financial advisor (excluding banks); • florist; • insurance broker; • nutritional supplement store; • pet food store; • pharmacy; Page 9 of 226 Report No: CP 2020-73 COMMUNITY PLANNING Council Date: July 27, 2020 Page 7 of 11 • photo or artist studio; • private education (e.g. Kumon); • real estate office; • specialty sporting goods outlet; • travel agent. The proposed site plan appears to comply with the SC zone provisions, except for the required interior side yard width. Non-residential uses within the SC zone are required to maintain a minimum interior side yard width of 4.5 m 14.8 ft), except that where the interior side lot line abuts a residential or Future Development zone, the minimum interior side yard shall be 9 m (29.5 ft). In this instance the required interior side yard width is 9 m (29.5 ft) as the adjacent lands to the north are zoned Future Development Zone. The applicants have requested a special provision be approved to permit a reduced interior side yard width of 4.57 m (14.9 ft) for the multi-tenant commercial building proposed for the northern portion of the site. The purpose of the interior side yard width is to ensure that adequate area is provided to building maintenance and landscaping, particularly for large commercial developments. AGENCY COMMENTS These applications were reviewed by a number of public agencies. The following comments were received. The Town of Tillsonburg Building Department and Town of Tillsonburg Engineering Services Department indicated that the project will be subject to site plan control. The Tillsonburg BIA Board of Management provided the following resolution: Moved by: D. Gilvesy and Seconded by M. Van Geer Truyde "Resolved that the BIA Board of Management agrees in principle to the phased-in expansion of the TSB properties at municipal address 680 Broadway; subject to an agreement with the property owner of a payment to the BIA for the purposes of enhancement and promotion of the Central Business District/Central Commercial/BIA Zone". Carried by unanimous vote. The Tillsonburg District Chamber of Commerce indicated that they supported the application as it provides for opportunities for citizens of Tillsonburg to shop locally, and there is more than adequate parking space available on the site. The County of Oxford Public Works Department, Tillsonburg Fire and Rescue Services, and Ontario Ministry of Transportation indicated that they have no comments or concerns regarding this application. PUBLIC CONSULTATION In accordance with the requirements of the Planning Act, Notice of Complete Application was provided to surrounding neighbours on December 3, 2019 and Notice of Public Meeting was provided to public agencies and surrounding property owners on July 6, 2020. As of the date of Page 10 of 226 Report No: CP 2020-73 COMMUNITY PLANNING Council Date: July 27, 2020 Page 8 of 11 this report no comments have been received from the general public or adjacent property owners. Planning Review The Town and County have received applications to amend the Official Plan and the Town’s Zoning By-law to facilitate the construction of two 929 m2 (10 000 ft2) multi-tenant commercial buildings, and expand the range of permitted commercial uses on the existing service commercial site. A number of policies are contained in both the PPS and the Official Plan that encourage intensification where appropriate along with promoting the efficient use of lands and infrastructure as well as the efficient use of vacant and underutilized parcels within established settlement areas. Planning staff are of the opinion that the proposed use is generally consistent with the Provincial Policy Statement. The intensification of the existing service commercial development will support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses, while ensuring that the vitality and planned function of downtown Tillsonburg is not negatively impacted. As articulated by the Official Plan policies in Section 8.3.3.1, the intent of the Service Commercial Area is, in part, to accommodate uses that are not appropriate for the Central Area. Although each of the expanded commercial uses proposed to be permitted in the multi-tenant commercial building on the subject site could theoretically be accommodated in the downtown, either within existing vacant space or a potential redevelopment of existing space, the cumulative amount of commercial space (20,000 ft2) cannot readily be accommodated due to limited vacant land availability in the downtown. To satisfy the Official Plan policies, the County of Oxford engaged the services of Urbanmetrics Inc. to prepare a Retail Market Impact Study to assess the applicants’ proposal. The Retail Market Impact Study prepared by Urbanmetrics Inc. assessed the retail needs of the growing Tillsonburg population and the potential impact of the proposed uses on the Tillsonburg commercial structure, particularly the downtown (Central Area) retail function. The study has addressed: • The suitability of the subject site for the proposed retail uses and how they may change the function of the subject site within the Tillsonburg commercial hierarchy; • The amount of space by retail category that would be warranted in Tillsonburg in the future; • The overall health of the downtown and its ability to compete with new retail developments; • Whether retail space on the subject site would impact the planned function of the downtown; • The amount of retail space that would be warranted on the subject site without impacting the downtown or threatening its viability; and • Whether the proposed uses could be accommodated in the downtown. The study concluded that the proposed 1858 m2 (20,000 ft2) can be supported by population growth. This growth was projected by Hemson Consulting and incorporated into the 2019 Page 11 of 226 Report No: CP 2020-73 COMMUNITY PLANNING Council Date: July 27, 2020 Page 9 of 11 Oxford County Phase 1 Municipal Comprehensive Review. The study did note that there are a number of caveats to this conclusion. First, the projected growth rates are higher than those which have occurred in recent years. Secondly, while the Walmart in Tillsonburg Town Centre has become an important retail anchor for the downtown, there is always a risk that it may relocate back to Norfolk Mall where approvals are in place to support a larger and more diverse store. To be cautious, the County and Town may wish to provide additional protections for the downtown through one or more of the following: • Restricting the range of store types that could locate on the site; and, • Maintaining a restriction on unit sizes permitted in the project. To implement this recommendation and to support the policy framework of the Official Plan, Planning Staff recommend that the minimum unit size for retail type uses remain at 325 m2 (3500 ft2), and that the proposed uses recommended by the study be defined in the By-Law. The Retail Market Impact Study also indicated that the subject site, while designated for service commercial use, functions to some extent now as a ‘neighbourhood shopping centre’. Due to the number and proximity of existing and planned residential developments in the northern area of Tillsonburg, it is anticipated that the need for additional neighbourhood-oriented development on this site will be warranted in the future. The proposed reduced interior side yard width for the northerly commercial plaza is not expected to introduce any impacts on the development potential of the adjacent parcel to the north as the proposed interior side yard will consist of a landscaped area, encompassing an existing easement. Additionally, the Future Development lands to the north are intended to develop for Service Commercial purposes and when they are eventually zoned for such use, the required setback would decrease from 9 m (29.5 ft) to 4.5 m (14.8 ft), in line with the applicant’s proposal to develop the new building with a 4.57 m (14.9 ft) interior side yard width. With respect to the comments received by the Tillsonburg BIA, staff note that although there is no authority within the Planning Act to attach conditions to the approval of the Official Plan Amendment and Zoning By-Law amendment for the property owner to financially contribute to the BIA, there is an opportunity to include any agreement reached between the applicant and the BIA in a required site plan agreement. It is recommended that the applicant engage the BIA in these discussions. With a view to the foregoing, staff are of the opinion that the proposed additional commercial space and expanded range of permitted uses is appropriate given the Town’s projected population growth, the nature and location of the property as a neighbourhood serving commercial site, and also that the cumulative commercial tenant area proposed is unlikely to be accommodated on other properties within the Town’s Central Area. Accordingly, Planning staff are of the opinion that the proposed commercial development, if subject to the recommended restrictions on permitted uses and introduction of minimum commercial unit sizes, will not deter from the planned function of Central Area as the primary focus for commercial and business activity within the Town and will not create a broadly applicable precedent in this regard. In light of the foregoing, Planning staff are satisfied that the proposed development is generally consistent with the policies of the Provincial Policy Statement and meets the general intent and purpose of the Official Plan. Page 12 of 226 Report No: CP 2020-73 COMMUNITY PLANNING Council Date: July 27, 2020 Page 10 of 11 RECOMMENDATIONS That the Council of the Town of Tillsonburg approve-in-principle, the zone change application File No. ZN 7-19-14, submitted by Broadway TSB Inc., for lands described as Lot 7, Concession 10 (Dereham), Parts 1, 3, 6, 7, 9, 10 & 11 of Reference Plan 41R-7145, Town of Tillsonburg, to amend the provisions of the ‘Special Service Commercial Zone (SC-4)’ to permit a broader range of commercial uses on the subject property and provide for a reduced interior side yard width. And further, that the Council of the Town of Tillsonburg advise County Council that the Town supports the application for Official Plan Amendment, File No. OP 19-16-7, submitted by Broadway TSB Inc., for lands described as Lot 7, Concession 10 (Dereham), Parts 1, 3, 6, 7, 9, 10 & 11 of Reference Plan 41R-7145, Town of Tillsonburg, to amend the Service Commercial polices affecting the subject lands to include a wider range of permitted commercial uses for the site, and to permit the construction of two 929 m2 (10,000 ft2) multi-tenant commercial plazas. SIGNATURES Authored by: Eric Gilbert, MCIP, RPP Senior Planner Approved for Submission: Gordon K. Hough, RPP Director Page 13 of 226 Report No: CP 2020-73 COMMUNITY PLANNING Council Date: July 27, 2020 Page 11 of 11 Page 14 of 226 November 29, 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 1020 Notes NAD_1983_UTM_Zone_17N 51 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 Nos. OP 19-16-7 & ZN 7-19-14 - Broadway TSB Inc. Part Lot 7, Concession 10 (Dereham), Parts 1,3, 6, 7, 9, 10, 11 of 41R-7145, Town of Tillsonburg- 670 & 678 Broadway, Tillsonburg Woodcock Drive Bobolink Drive Broadway Subject Property Page 15 of 226 November 29, 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 1020 Notes NAD_1983_UTM_Zone_17N 51 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 Nos. OP 19-16-7 & ZN 7-19-14 - Broadway TSB Inc. Part Lot 7, Concession 10 (Dereham), Parts 1,3, 6, 7, 9, 10, 11 of 41R-7145, Town of Tillsonburg- 670 & 678 Broadway, Tillsonburg Bobolink Drive Woodcock Drive Subject Property Broadway Page 16 of 226 Plate 3: Applicant's Proposed Site Plan File Nos. OP 19-16-7 & ZN 7-19-14 - Broadway TSB Inc. Part Lot 7, Concession 10 (Dereham), Parts 1,3, 6, 7, 9, 10, 11 of 41R-7145, Town of Tillsonburg- 670 & 678 Broadway, Tillsonburg Page 17 of 226 AMENDMENT NUMBER 241 TO THE COUNTY OF OXFORD OFFICIAL PLAN The following Plan attached hereto, constitutes Amendment Number 241 to the County of Oxford Official Plan. Page 18 of 226 COUNTY OF OXFORD BY-LAW NO. 6178-2020 BEING a By-Law to adopt Amendment Number 241 to the County of Oxford Official Plan. WHEREAS, Amendment Number 241 to the County of Oxford Official Plan has been recommended by resolution of the Council of the Town of Tillsonburg and the County of Oxford has held a public hearing and has recommended the Amendment for adoption. NOW THEREFORE, the County of Oxford, pursuant to the provisions of the Planning Act, R.S.O. 1990, as amended, enacts as follows: 1. That Amendment Number 241 to the County of Oxford Official Plan, being the attached text, is hereby adopted. 2. This By-Law shall come into force and take effect on the day of the final passing thereof. READ a first and second time this 12th day of August, 2020. READ a third time and finally passed this 12th day of August, 2020. LARRY G. MARTIN, WARDEN CHLOÉ J. SENIOR, CLERK Page 19 of 226 1.0 PURPOSE OF THE AMENDMENT The purpose of the Official Plan Amendment is to amend the Service Commercial policies of the Plan affecting the subject lands to expand the permitted uses on site, and to facilitate the addition of 929 m2 (20,000 ft2) of commercial space on the lands for a total commercial gross floor area of 6,151 m2 (66,200 ft2) on the site. 2.0 LOCATION OF LANDS AFFECTED The subject property is described as Lot 7, Concession 10 (Dereham), Parts 1, 3, 6, 7, 9, 10 & 11 of Reference Plan 41R-7145, in the Town of Tillsonburg. The lands are located on the east side of Broadway, north of North Street, and are municipally known as 678 / 680 Broadway. 3.0 BASIS FOR THE AMENDMENT The purpose of the Official Plan Amendment is to amend the Service Commercial policies to create a special policy area for the subject lands to expand the number of permitted uses, and to permit the construction of two 929 m2 (10 000 ft2) multi-tenanted commercial buildings on the site. It is the opinion of Council that the subject amendment is generally consistent with the Provincial Policy Statement. The intensification of the existing service commercial development will support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses, while ensuring that the vitality and planned function of downtown Tillsonburg is not negatively impacted. Council is satisfied that the proposed additional commercial space and expanded range of permitted uses is appropriate given the Town’s projected population growth, the nature and location of the property as a neighbourhood serving commercial site, and also that the cumulative commercial tenant area proposed is unlikely to be accommodated on other properties within the Town’s Central Area. Accordingly, Council is of the opinion that the proposed commercial development, if subject to the recommended restrictions on permitted uses and introduction of minimum commercial unit sizes, will not deter from the planned function of Central Area as the primary focus for commercial and business activity within the Town and will not create a broadly applicable precedent in this regard. In light of the foregoing, Council is of the opinion that the proposed Official Plan Amendment is consistent with the policies of the PPS and generally maintains the strategic initiatives and objectives of the Official Plan. 4.0 DETAILS OF THE AMENDMENT 4.1 That Section 8.3.3.4 – Service Commercial, as amended is hereby further amended by adding the following specific development policy at the end of this section – Specific Development Policies: 8.3.3.4.7 678/ 680 Broadway (Lot 7, Concession 10 (Dereham), Parts 1, 3, 6, 7, 9, 10 & 11 of 41R-7145, Town of Tillsonburg “In addition to the policies of Section 8.3.3 and any other relevant policies of this Plan, the following policies apply: Page 20 of 226 On those lands described as Lot 7, Concession 10 (Dereham), Parts 1, 3, 6, 7, 9, 10 & 11 of Reference Plan 41R-7145, in the Town of Tillsonburg and located on the east side of Broadway, north of North Street, and municipally known as 678 & 680 Broadway, the policies outlined below will apply. The permitted uses for the site will be in accordance with the permitted uses contained in Section 8.3.3 & 8.3.3.1 of this Plan. Additional permitted uses include:  Financial Advisor  Insurance Broker  Real Estate Office The following uses will not be permitted on the site:  Banking institution;  Government offices In addition to the foregoing, the following specific policies shall apply to the lands having reference to this subsection: The maximum total gross leasable commercial floor area for this site shall be approximately 6,150 m2 (66,200 ft2). The maximum gross leasable commercial floor area for a grocery store use will be approximately 3716 m2 (40,000 ft2). The minimum unit size for retail-type uses shall be 325 m2 (3500 ft2). The use and size restrictions may be reviewed in the future, without a requirement for an Official Plan amendment, subject to the submission of detailed market impact studies that are satisfactory to the County of Oxford and the Town of Tillsonburg, provided that the market impact study will establish that there is sufficient market capacity in the Tillsonburg Trade Area to justify the removal of restrictions and to establish that the planned retail and service function of the Tillsonburg Central Area and other existing commercially designated areas in the Trade Area will not be jeopardized. The County of Oxford and the Town of Tillsonburg shall require the preparation of a market impact peer review.” 5.0 IMPLEMENTATION This Official Plan Amendment shall be implemented in accordance with the implementation policies of the Official Plan. 6.0 INTERPRETATION This Official Plan Amendment shall be interpreted in accordance with the interpretation policies of the Official Plan. Page 21 of 226 670/678 BROADWAY Retail Market Study Tillsonburg, Ontario Prepared for County of Oxford July 3, 2019 Page 22 of 226 This document is available in alternative formats upon request by contacting: info@urbanMetrics.ca 416-351-8585 (1-800-505-8755) Page 23 of 226 www.urbanMetrics.ca | 67 Yonge Street, Suite 804, Toronto, ON, M5E 1J8 | 416-351-8585 (1-800-505-8755) | info@urbanMetrics.ca July 3, 2019 Gordon K. Hough, RPP Director, Community Planning County of Oxford P.O. Box 1614, 21 Reeve Street Woodstock ON N4S 7Y3 Dear Mr. Hough: RE: 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) urbanMetrics inc. is pleased to submit this retail market study in regard to a proposed development application for expanded retail uses on Broadway Street north of North Street (County Road 20) in Tillsonburg at the existing Sobeys plaza. The application is for two 10,000 square foot multi-tenant retail buildings would complement the existing retail plaza, which currently includes the supermarket, a gas station, a Subway fast-food restaurant, and a fitness gym. The subject site is designated Service Commercial by the Official Plan, which is intended for uses that cater to passing traffic and destination shopping trips that would not compete with the downtown. An Official Plan amendment would be required to permit the proposed multi-tenant retail buildings. This retail market study has assessed the retail needs of the growing Tillsonburg population and the potential impact of the proposed uses on the Tillsonburg commercial structure, particularly the downtown (Central Area) retail function. The study has addressed: • The suitability of the subject site for the proposed retail uses and how they may change the function of the subject site within the Tillsonburg commercial hierarchy; • The amount of space by retail category that would be warranted in Tillsonburg in the future ; • The overall health of the downtown and its ability to compete with new retail developments ; • Whether retail space on the subject site would impact the planned function of the downtown; • The amount of retail space that would be warranted on the subject site without impacting the downtown or threatening its viability; and • Whether the proposed uses could be accommodated in the downtown. Page 24 of 226 www.urbanMetrics.ca | 67 Yonge Street, Suite 804, Toronto, ON, M5E 1J8 | 416-351-8585 (1-800-505-8755) | info@urbanMetrics.ca We have found that the proposed 20,000 square feet can be supported by population growth . This growth was projected by Hemson Consulting and incorporated into the 2019 Oxford County Phase 1 Municipal Comprehensive Review. We would note that there are a number of caveats to this conclusion. First, the projected growth rates are higher than those which have occurred in recent years. Secondly, while the Walmart in Tillsonburg Town Centre has become an important retail anchor for the downtown, there is always a risk that it may relocate back to Norfolk Mall where approvals are in place to support a larger and more diverse store. To be cautious, the County may wish to provide additional protections for the downtown through one or more of the following: • Requiring that the project be developed in two phases; • Restricting the range of store types that could locate on the site; and, • Maintaining a restriction on unit sizes permitted in the project. We appreciate the opportunity to conduct this assignment on your behalf and look forward to discussing the results of our report with you. Yours truly, Rowan Faludi, MCIP, RPP, CMC, PLE Partner rfaludi@urbanMetrics.ca Page 25 of 226 Contents 1.0 Introduction .......................................................................................................................... 8 1.1 Background ................................................................................................................................. 9 1.2 Retail Impact Study Requirement ............................................................................................ 10 1.3 Approach .................................................................................................................................. 10 1.4 Assumptions ............................................................................................................................. 11 2.0 Site Context ........................................................................................................................ 12 2.1 Site Location and Characteristics ............................................................................................. 13 2.2 Accessibility .............................................................................................................................. 14 2.3 Proposed Site Plan .................................................................................................................... 16 2.4 Surrounding Land Uses ............................................................................................................. 17 2.5 Unique Attributes of the Subject Site ...................................................................................... 17 2.6 Planning Policies ....................................................................................................................... 19 3.0 Trade Area and Population .................................................................................................. 23 3.1 Trade Area ................................................................................................................................ 24 3.2 Existing and Forecast Population ............................................................................................. 25 3.3 Demographics ........................................................................................................................... 30 4.0 Competitive Environment ................................................................................................... 35 4.1 Commercial Hierarchy .............................................................................................................. 36 4.2 Existing Commercial Space ....................................................................................................... 38 4.3 Proposed and Anticipated Commercial Space ......................................................................... 44 4.4 Market Demand ....................................................................................................................... 44 4.5 Conclusions ............................................................................................................................... 47 Appendix A NACIS Categories ................................................................................................... 50 Appendix B Food and Non-Food Retail Expenditure Analysis .................................................... 55 Appendix C Service Per Capita Analysis .................................................................................... 62 Appendix D Norfolk Mall Official Plan Policies .......................................................................... 65 Page 26 of 226 Figures Figure ES-1: Retail and Service Demand (Square Feet), 2021, 2026 and 2031 ........................................................3 Figure 2-1: Subject Site Location ........................................................................................................................... 13 Figure 2-2: Subject Site Photos .............................................................................................................................. 14 Figure 2-3: Official Plan Transportation Plan, 2012 ............................................................................................... 15 Figure 2-4: Site Plan, 2017 ..................................................................................................................................... 16 Figure 2-5: Official Plan Land Uses, 2012 .............................................................................................................. 18 Figure 2-6: Zoning .................................................................................................................................................. 21 Figure 3-1: Primary and Secondary Trade Area ..................................................................................................... 24 Figure 3-2: Historical and Forecast Population, 2006 to 2041 .............................................................................. 25 Figure 3-3: Tillsonburg Housing Starts, 2009 to 2018 ........................................................................................... 26 Figure 3-4: Vacant Land and Land with Active Development Applications, 2019 ................................................. 27 Figure 3-5: Development Applications Near Subject Site, July 2018 .................................................................... 28 Figure 3-6: Development Applications Map, July 2018 ......................................................................................... 29 Figure 3-7: Tillsonburg Population by Age Cohort, 2006 to 2016 ......................................................................... 30 Figure 3-8: Oxford County Population Composition by Age Cohort, 2011 to 2041 .............................................. 31 Figure 3-9: Tillsonburg Population, Dwellings and Household Size, 2006 to 2016 ............................................... 31 Figure 3-10: Trade Area Per Capita Income Levels, 2015 ...................................................................................... 32 Figure 3-11: Participation and Unemployment Rate, 2006 and 2016 ................................................................... 32 Figure 3-12: Employment by Place of Work in Tillsonburg, 2006 and 2016 ......................................................... 33 Figure 3-13: Location Quotient for Tillsonburg Compared to the Ontario Job Distribution by Place of Work, 2006 and 2016 ................................................................................................................................................................ 34 Figure 4-1: Central Area Retail Photos .................................................................................................................. 37 Figure 4-2: Norfolk Mall ......................................................................................................................................... 38 Figure 4-3: Tillsonburg Commercial Clusters ......................................................................................................... 39 Figure 4-4: Percentage of Store Type Floor Area by Commercial Area in Tillsonburg, 2019 ................................ 40 Figure 4-5: Average Store Size by Commercial Area, 2019 ................................................................................... 41 Figure 4-6: Store Sizes Over and Under 3,500 sq. ft. by Commercial Area, 2019 ................................................. 41 Figure 4-7: Tillsonburg Inventory (Including Norfolk Mall), March 2019 .............................................................. 42 Figure 4-8: Inventory by Node, March 2019 ......................................................................................................... 43 Figure 4-9:Services Analyzed for the Subject Site ................................................................................................. 46 Figure 4-10: Commercial Demand in Tillsonburg (Square Feet), 2021, 2026 and 2031 ....................................... 47 Figure A-1: North American Industry Classification System (NAICS) Categories................................................... 51 Figure B-1: Income for Food and Non-Food Retail Expenditure Analysis ............................................................. 56 Figure B-2: Province of Ontario Income/Expenditure Regression Equations, 2012.............................................. 56 Figure B-3: Ontario - Retail Trade, Per Capita, 2018 ............................................................................................. 57 Figure B-4: Food Store Retail and Non-Food Store Retail Trade Expenditure ...................................................... 58 Figure B-5: Food Store Retail Analysis ................................................................................................................... 60 Figure B-6: Non-Food Store Retail Trade Analysis ................................................................................................. 61 Figure C-1: Service per Capita Analysis, 2021 ........................................................................................................ 63 Figure C-2: Service per Capita Analysis, 2026 ........................................................................................................ 63 Figure C-3: Service per Capita Analysis, 2031 ........................................................................................................ 64 Page 27 of 226 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) | 1 Executive Summary Background This study addresses the potential retail impact of a proposed development application on Broadway Street north of North Street in Tillsonburg. The application is for the addition of two 10,000 square foot multi-tenant retail buildings to be added to the subject site, which currently includes a Sobeys supermarket, a gas station, a Subway fast-food restaurant, and a fitness gym. The current Official Plan designation is Service Commercial which is intended for uses that cater to passing traffic and destination shopping trips that would not compete with the downtown. An Official Plan amendment would be required to permit the proposed multi-tenant retail buildings. Key Research Findings The following summarizes our key research findings: Suitability of the Subject Site for the Proposed Uses and Function within the Commercial Structure The Service Commercial Broadway Commercial Cluster, in which the subject site is located, is on Highway 19 at the northern entrance to the Town. The subject site is a vehicle-oriented retail plaza with a large amount of surface parking. The subject site currently contains an eclectic mix of retail and service uses that are largely unrelated to each other in terms of function and likely generate minimal cross -visitation. The dominant uses would be the supermarket, which would serve the weekly shopping trips by residents of Tillsonburg and the surrounding area, and the gas station which would serve traffic passing the subject site. As per the Official Plan (1995) policies, this retail area is intended to provide an alternative retail environmental to the Central Area (the downtown). Service Commercial Areas provide locations for a broad range of commercial uses that, for the most part, are not suited to locations within the Central Area because of their site area, access or exposure requirements or due to compatibility conflicts with residential development. Generally, service commercial uses cater to vehicular traffic and single purpose shopping trips where customers are typically generated from passing traffic or a wide-ranging market area. (Section 8.3.3) The subject site has a unique set of attributes within the Tillsonburg context that may support additional retail uses, such as those proposed. First, it is in close proximity to existing residential neighbourhoods and the growing residential community in north Tillsonburg. As a result, it would be well positioned to serve new growth within the municipality. Secondly, the subject site already contains a supermarket. The supermarket could support additional convenience/ne ighbourhood scale retail stores and services that would serve the existing and future neighbourhoods in its vicinity. The subject site also benefits from a signaled intersection, which provides easy access from both the south and the north. Page 28 of 226 2 | 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) The proposed multi-tenant buildings would complement the function of the supermarket and provide an opportunity for existing and future residents to access their day-to-day retail needs at one location. Future Warranted Retail Space in Tillsonburg The population in Tillsonburg is anticipated to grow from 16,600 residents in 2018 to 19,240 in 2031, a growth of 2,580 persons. It is important to recognize that the projected population is based on accelerated growth assumptions from historic rates. Demand for future reta il space will ultimately be dependent on the extent to which these projected growth rates materialize. Demand for retail space is also generated from the approximately 30,000 people living in the rural area near Tillsonburg, in the counties of Elgin, Oxford and Norfolk. The demand for select retail and service uses appropriate for the subject site was assessed. The existing and future demand for food store retail (FSR) and non -food store retail (NFSR)1 was analyzed through an expenditure analysis, which determined demand based on local incomes, expenditure patterns by store type and the estimated revenue per available square foot for the proposed retail space. The warranted services space was determined using a per capita analysis, which uses a standard ratio of floor area per person based on comparable communities. As illustrated in Figure ES-1, there is demand for an additional 33,500 square feet of retail and service space in Tillsonburg by 2021. This is anticipated to grow to 129,600 square feet in 2031. 1 We assessed the need for select NFSR, which did not include department stores, Canadian Tire and warehouse membership clubs (i.e. Costco) because these uses are either already present or are unlikely to be developed in the near future. Page 29 of 226 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) | 3 Figure ES-1: Retail and Service Demand (Square Feet), 2021, 2026 and 2031 SOURCE: urbanMetrics. Strength of Downtown Tillsonburg The retail health of the downtown (the Central A rea) has improved since 2009. In 2009, the vacancy rate was 11%, which is above the heathy range of 4 to 8%.2 The 2019 inventory completed by urbanMetrics has found that the vacancy rate has declined to 5% in the Central Area, which is about the same vacancy rate as the Town as a whole.3 This is likely attributable to the relocation of Wal- Mart from Norfolk Mall to Tillsonburg Town Centre and the redirection of retail traffic to the core. The former Wal-Mart space at Norfolk Mall remains vacant. The vacant Norfolk Mall site has permissions for a 120,000 square foot department store4, which is much greater than the existing Wal-Mart (79,597 square feet) in the Tillsonburg Town Mall and closer to the standard store size 2 Sorensen Gravely Lowes Planning Associates Inc. and Robin Dee & Associates, Oxford County, Commercial Policy Review, Characteristics of Oxford’s Retail Sector & Profile of The Commercial Structure Module One, June 2009. 3 When including Norfolk Mall and adjacent retail the overall vacancy rate is higher (7.7%) due to the vacancy in the former Wal-Mart. 4 Of the total 120,000 square feet (11,165 square metres) of space, about 33,000 square feet (3,020 square metres) can be food store retail. 2021 2026 2031 Tillsonburg Population (1 17,380 18,280 19,240 Annual Change 1.4%1.0%1.1% Secondary Trade Area Population (2 30,649 31,089 31,530 Annual Change 0.3%0.3%0.3% Retail Total (3 22,500 55,600 90,800 Food Store Retail 6,500 16,100 26,300 Select Non-Food Store Retail*16,000 39,500 64,500 Selected Services Total (4 11,000 24,200 38,800 Total Commercial Demand 33,500 79,800 129,600 1) Hemson Consulting Phase 1 Municipal Comprehensive Review, 2019. 3) Calculated using the expenditure analysis. 4) Calculated using the per capita analysis. This is a limited service analysis and does not include banks. 2) The population south of Tillsonburg is anticipated to stay stable due to increases in the population of settlement areas and dereases in the rural population. The population in Oxford is anticipated to increase based on the rate in the Hemson Consulting Phase 1 Municipal Comprehensive Review (2019). *Select NFSR does not include department stores, Canadian Tire and warehouse memberrship cubs. Page 30 of 226 4 | 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) module preferred by the chain, which would allow for a large -scale grocery component. There is some concern that Wal-Mart could relocate back to Norfolk Mall, and this hypothetical move would likely have a destabilizing impact on the downtown. The existing Wal-Mart space would be challenging to re-tenant and there would also be a reduction is cross-visitation shopping arising from people visiting the Wal-Mart. If Wal-Mart were to relocate, our assumptions about the health of the downtown should be revisited. Despite concerns about potential destabilizing impacts, there are indicators that the downtown continues to attract commercial investment. Recent projects include: • A new building with an optometrist office at 138 Broadway; • The renovation of 25 Brock Street West; • An under construction three storey mixed use building at 253 Broadway with a 339-metre square (3,700 square feet) dental office; and, • A development application to permit a dance studio, an assembly hall, storage units, a brewery and a restaurant in the former Baptist Church. There is also a residential development on the former Rolph Street Public School (83 Rolph Street) consisting of 47 apartment units. The downtown has a distinct retail environment characterised by street-oriented and fine-grained storefronts. Compared to the Town as a whole, there is a greater concentration of general merchandise stores and fashion outlets. There is also a concentration of financial services. The downtown is able to compete with other retail clusters in Tillsonburg because people are drawn to the large uses in the Tillsonburg Town Centre Mall (e.g. the Wal-Mart and Canadian Tire). Furthermore, the downtown is a destination for the community because of its character. The downtown benefits from both large-scale retail anchors as well as the many smaller storefronts. Potential Impact on the Planned Function of the Downtown As discussed, the downtown has a different commercial function than the subject site. The potential impact of new retail space on the downtown is mitigated because there will be a need for additional commercial space in 2021 to serve the anticipated population growth in Tillsonburg, especially the growth in north Tillsonburg. This assumes that population growth will materialize as projected in the Phase 1 Municipal Comprehensive Review Study and that there are no other similar developments approved over the near future (i.e. 5 +/- years). Additionally, the downtown vacancy rate is healthy and anchor tenants in the downtown will continue to draw local and regional customers. As mentioned above, these assumptions should be revisited if there were to be an anchor tenant loss, such as the Wal-Mart. Currently, the Official Plan and Zoning By-law has a number of safeguards in place to protect the Downtown from peripheral competition. The Official Plan recognizes that retail outlets in Service Page 31 of 226 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) | 5 Commercial designations tend to be larger and therefore encourages uses under 3,500 square feet to locate in the downtown. The intent is to protect against the potential for relocations from the downtown. The Official Plan and Zoning by-law also differentiate the downtown in terms of permitted uses. For example, banks and professional offices are restricted from Special Purpose Commercial lands under the Zoning By-law, but may locate in the core. These or variations of these restrictions may be considered with regards to the subject site in order to minimize risk to the downtown core. Warranted Retail Space on the Subject Site Without Sales Transfers from the Downtown The addition of 20,000 square feet of retail space on the subject site can be supported based on the projected population growth. As projected growth rates are higher than those recently experienced in Tillsonburg, a reasonable option for the Town would be to permit the proposed development on a phased-in basis to minimize the potential impacts on the downtown should population growth be lower than that assumed in the Phase 1 Municipal Comprehensive Review study. Whether the Proposed Retail Uses Could be Accommodated in the Downtown An intention for the Service Commercial Area is for it to accommodate uses that are not appropriate for the Central Area. It is important to note that any of the individual uses that would be suitable for the proposed buildings on the subject site could theoretically be accommodated in the downtown. For example, there are a number of underdeveloped parcels with large parking areas5 in the downtown and these sites could, in theory, accommodate the uses that would otherwise be housed in the proposed buildings on the subject site. Overall however, the downtown has limited available vacant land, especially land that can accommodate 20,000 square feet of retail. The last vacant parcel in a prime retail location downtown is being redeveloped. In addition to the limited land availability, the vacancy rate in the downtown is in balance, which provides flexibility to accommodate new tenants and relocations. Furthermore, in the longer term, to 2031 population growth will require more commercial space than can reason ably be accommodated downtown. Strategies for Mitigating Impact on the Downtown To ensure that the downtown remains a vibrant commercial area, a number of strategies could be used to mitigate potential impacts. These include: • Phasing to confirm that population growth is occurring as per the forecast. The two proposed buildings could be constructed in two phases, which allows for both ongoing monitoring of the health of the downtown and also ensuring that the anticipated population growth is occurring. The triggering of the second phase could be based on the Town achieving a population 5 Some of these larger parking areas are former landfill sites and are not suitable for development. Page 32 of 226 6 | 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) increase of at least 1,000 persons by 2021 or an equivalent number of new housing units by that time. • A minimum floor area restriction that limits retail store size to those greater than 3,500 square feet is already in place. This is in keeping with the understanding that the Service Commercial area is appropriate for uses that cannot be accommodated within the downtown , such as larger retail spaces requiring direct highway access. We would note that this restriction may be applied only to retail tenant types – rather than services. For example, personal services, such as hair salons, dry cleaners, shoe repair shops, etc. almost exclusively occupy units smaller than the 3,500 square foot threshold. This minimum size restriction for these services would be tantamount to making them a prohibited use. • Retail type restrictions can ensure that the downtown remains the dominant retail and service destination in Tillsonburg. For example, the current zoning on the subject site does not permit banks, business services, and government administrative offices, among other uses. • Potential Uses for the proposed retail expansion could include uses currently permitted on the subject site, as well as a number of convenience-oriented retail uses that are not currently permitted by the Zoning By-law. Permitted uses that would be appropriate for the proposed multi-tenant commercial buildings proposed on the subject site, include: • An automated banking machine; • A bar or tavern; • A brew your own establishment; • A commercial recreation establishment (indoor); • A convenience store, not exceeding 372 square metres (4,004 square feet); • A dry cleaning establishment; • An eating establishment, with or without a drive through facility; • A furniture or home appliance sales and service establishment; • A household power equipment sales and service establishment; • A personal service establishment; • A place of entertainment; • A retail food store; • A service shop; and • A veterinary clinic. Page 33 of 226 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) | 7 These uses could be expanded by a number of small-scale retail and service uses that would enhance the day-to-day and weekly function of the site. Examples of uses that would support this function and could generate cross-visitation with the supermarket are: − Pet Food Store − Dollar Store − Florist − Nutritional Supplement Store − Financial Advisors (Excluding Banks) − Real Estate Office − Insurance Broker − Private Education (e.g. Kumon) − Electronics Store − Pharmacy − Eyewear or Hearing Device Store − Specialty Sporting Goods Outlet (e.g. Bicycles, Running, Scuba). − Travel Agent − Photo or Artist Studio − Athletic and Dance Instruction (e.g. Martial Arts, Yoga Studio) Page 34 of 226 8 | 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) 1.0 Introduction Page 35 of 226 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) | 9 1.1 Background The Cantam Group is proposing to intensify the existing retail plaza at 670/680 Broadway with the addition of two 10,000 square multi-tenant retail buildings, totalling 20,000 square feet. The plaza is currently anchored by a Sobeys supermarket, and also has an Anytime Fitness, Subway and a Pioneer Energy gas station. The subject site is unique because it is a large parcel (8.3 acres) with the capacity to accommodate a growth in retail space and the associated parking needs. The supermarket is an important draw for cross-shopping. Additionally, the location is highly accessible at the northern entrance to Tillsonburg. The existing signalized intersection contributes to this accessibility. The subject site is designated Service Commercial and is intended to accommodate uses not appropriate for the Central Area due to parcel size and other characteristics. Generally, Service Commercial uses cater to vehicular traffic and single purpose shopping trips where customers are typically generated from passing traffic or a wide-ranging market area. As per the Official Plan, the scale of uses within the Service Commercial designation will generally range from 3,500 square feet (325 square metres) to 50,000 square feet (4,645 square metres). Uses less than 3,500 square feet (325 square metres) will be encouraged to locate in the Ce ntral Area, where appropriate. The proposed multi-use retail buildings may not be permitted under this designation due to the size of the individual units. Consequently, the applicant requires an Official Plan amendment. To ensure that these retail uses do not exceed market demand in the community and the broader trade area or threaten the planned commercial function of the Central Area, the Official Plan requires a study be undertaken to assess the market for retail and service uses in Tillsonburg and det ermine whether there is sufficient demand to warrant the proposed development and whether the said development would result in negative impacts on the Central Area of Tillsonburg. This study will address the following questions: • The suitability of the subject site for the proposed retail uses and its likely function within the commercial hierarchy; • The amount of space by retail category that would be warranted in Tillsonburg in the future ; • The strength of the downtown and its ability to compete with other retail nodes; • Whether retail space on the subject site would impact the planned function of the downtown ; • The amount of retail space that would be warranted on the subject site without impacting the downtown or threatening its viability; • Whether the proposed uses could be accommodated within the downtown; and • Whether the proposed uses could be accommodated in the downtown. Page 36 of 226 10 | 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) 1.2 Retail Impact Study Requirement As per County of Oxford Official Plan policy 8.3.3.1, development proposals between 1,860 and 4,645 square metres (20,000 to 50,000 square feet) of gross leasable commercial floor area per site will require the preparation of a retail market impact study to the satisfaction of the County of Oxford and the Town of Tillsonburg to determine the impact on the planned function of the Tillsonburg Central Area and to determine the feasibility of the location of the use in the Central Area as per the policies of Section 8.3.2. This impact study has evaluated the potential to locate the proposed retail space in the Central Area as a key consideration. A peer review may be required at the request of the County of Oxford or the Town of Tillsonburg, at the expense of the proponent. This study fulfills the requirement to complete a retail impact study, as per the County of Oxford Official Plan. The following section outlines the approach used to fulfill the above objectives. 1.3 Approach The following outlines the work plan we have undertaken in order to assess the market for retail and service space in Tillsonburg. 1. Site and Access Review: We have visited the subject site to assess its characteristics in terms of its suitability for the proposed retail buildings. We have also considered the relationship of the subject site to surrounding land uses, access to its primary markets, ingress and egress from the subject site, and identification of any potential conflicts that might occur with existing and proposed land uses in the vicinity of the subject site. 2. Trade Area Delineation: A Trade Area has been delineated to represent the area expected to be served by the proposed retail and services space proposed on the subject site. 3. Demographics Analysis: The existing and future population has been determined. The existing population is important for determining the existing service levels in the Town. Other information from the Census of Canada, including age, household size, income levels and occupation within Tillsonburg has also been reviewed. Future growth is based on the County’s 2019 Phase 1 Municipal Comprehensive Review Study. 4. Inventory of Competitive Space: We have undertaken an inventory of all existing, proposed, and designated retail/service storefronts in the Trade Area to establish the current level of service, and the likely timing of development of any proposed and designated sites. Page 37 of 226 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) | 11 As part of the inventory of competitive space we have evaluated the downtown to assess vacancy rates, the range of retail unit sizes, the type of tenancies, and the strength of retail and service tenants. 5. Expenditure Analysis: We have undertaken an analysis of the additional food and non-food retail space that could be accommodated within the Town of Tillsonburg. This analysis has enabled us to determine how much food and non-food retail space could be supported in the Town presently and in the future. 6. Space Per Capita Analysis: A per capita space ratio analysis has been undertaken that addresses the need for a range of the service commercial uses that could be accommodated on the subject site. This analysis has included service tenants that could not be assessed using the above noted expenditure analysis. By applying per capita space ratios for specific service categories typical of a community like Tillsonburg to our future estimates of Trade Area population, we have calculated the future need for retail/service commercial space in the area. It is important to note that the per capita space analysis is based on a “residual” approach. Therefore, the warranted space calculated using the per capita analysis would be achieved without the subject site drawing market away from existing retailers. The combination of the expenditure and per capita space approaches have been used to identify the potential impacts on the Central Area. 1.4 Assumptions There are a number of underlying and basic assumptions on which the validity of the recommendations presented in this report depend. Based on our considerable and long-term experience in the retail planning process, we recognize and appreciate the complexities associated with making broad assumptions about future conditions. Undoubtedly, deviations from historic and current trends will take place in the future. However, basic assumptions are required regardi ng the possible extent of such deviations. These basic assumptions are: • During the forecast period discussed in this report, a reasonable degree of economic stability will prevail in the Province of Ontario and Oxford County; and, • Estimates of current population and future population growth in the trade area have been based on Statistics Canada Census data and information obtained from Oxford County, which are assumed to be reliable for the purposes of this study. If, for any reason, major changes, occur which would influence the basic assumptions identified above, the recommendations contained in this report should be reviewed in light of such changed conditions and revised, if necessary. Page 38 of 226 12 | 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) 2.0 Site Context Page 39 of 226 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) | 13 2.1 Site Location and Characteristics The subject site is an 8.3-acre property on the east side of Broadway Street near to the northern edge of the Tillsonburg urban area. The subject site currently contains a variety of retail uses, including a full-scale supermarket. It is situated in an area that will accommodate a large share of future residential growth in the community. The subject site is part of a broader Service Commercial cluster along Broadway Street containing a variety of uses commonly found on automobile-oriented strips, including: small commercial plazas, fast food restaurants, freestanding retail uses and automotive uses. Figure 2-1: Subject Site Location SOURCE: Sorensen Gravely Lowes Planning Associates Inc. and Robin Dee & Associates, Oxford County, Commercial Policy Review, Characteristics of Oxford’s Retail Sector & Profile of The Commercial Structure Module One, June 2009. Page 40 of 226 14 | 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) The current tenants on the subject site include a Sobeys supermarket, Pioneer Energy gas station, Subway and Anytime Fitness gym. Figure 2-2: Subject Site Photos SOURCE: urbanMetrics, March 2019 2.2 Accessibility The subject site is located on the northern boundary of Tillsonburg. Broadway Street is the main commercial artery spanning Tillsonburg, including the downtown, and service commercial uses north and south of the downtown. The subject property is approximately 2.5 kilometres from downtown Tillsonburg. Highway 401 is less than 20 kilometres to the north. Three rural settlement areas are within less than a 15-minute drive; they include: Springford (10 minutes, 9.7km), Otterville (14 minutes, 15.8km) and Brownsville (9 minutes, 8.5km). The subject site is well positioned to serve both Tillsonburg residents and residents from the surrounding rural area . There is a planned collector road just north of the subject site, which would increase accessibility between the subject site and a proposed residential subdivision to the east, as illustrated in Figure 2-3. The subject site has two access points. The principal access is provided via a signalized intersection at Broadway Street. In addition, the gas station is also directly accessed by a right-in-right-out entrance further north of the primary entrance. This entrance can also be used to indirectly access the other uses on the subject site. The signalized intersection provides excellent accessibility and exposure to the subject site from a marketing perspective. Page 41 of 226 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) | 15 Figure 2-3: Official Plan Transportation Plan, 2012 SOURCE: Oxford County, Official Plan, 2012. Page 42 of 226 16 | 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) 2.3 Proposed Site Plan The proposed site plan would add two 10,000 square foot multi -tenant retail buildings towards the northern and southern boundaries of the subject site, effectively framing the Sobeys supermarket. The two buildings are well positioned to attract cross shopping with the supermarket and both have access to nearby on-site parking. Although a traffic analysis is beyond the scope of this study, it does not appear that the access characteristics onto and off the site would be modified through the site plan. We would note, however, that two new buildings would benefit from the existing signalized intersection. Figure 2-4: Site Plan, 2017 SOURCE: Cantam Group Ltd., October 4, 2017. Page 43 of 226 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) | 17 2.4 Surrounding Land Uses The subject site is near the northern boundary of Tillsonburg on its main commercial spine. To the east and west of the subject site there are existing and proposed low density subdivisions. While these are largely built-out, there are still some internal sites that are either under construction or represent future development potential. Immediately north of the subject site is a golf driving range, designated Service Commercial, which will likely be developed in the future. East of the existing subdivision, lands are largely rural in character but are within the urban boundary and are designated for future residential development. On Broadway Street, in the vicinity of the subject site, is a mix of single-family homes and single-use commercial buildings, including a car dealership, a carpet outlet and a furniture store . Immediately across the street from the subject site is a vacant parcel designated for Service Commercial uses. We understand that there is a proposal for a car dealership on this site. The subject site is well positioned to serve the growing and future residential neighbourhoods in its vicinity and would complement the existing commercial uses along Broadway Street. 2.5 Unique Attributes of the Subject Site The subject site has a unique set of attributes within the Tillsonburg context that may support additional retail uses, such as those proposed. First, it is in close proximity to existing residential neighbourhoods and the growing residential community in north Tillsonburg. As a result, it would be well positioned to serve new growth within the municipality. Secondly, the site already contains a supermarket. The supermarket could support additional convenience/neighbourhood scale retail stores and services that would serve the existing and future neighbourhoods in its vicinity. The site also benefits from a signaled intersection, which provides easy access from both the south and the north. The proposed multi-tenant buildings would complement the function of the supermarket and provide an opportunity for existing and future residents to access their day-to-day retail needs at one location. Page 44 of 226 18 | 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) Figure 2-5: Official Plan Land Uses, 2012 SOURCE: Oxford County, Official Plan, 2012. Page 45 of 226 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) | 19 2.6 Planning Policies Official Plan The subject site is designated Service Commercial. This land use is intended for commercial uses that are not suitable to the Central Area because of site access requirements and other compatibility considerations. A range of uses is permitted that serve single purpose trips from local and regional residents, as well as the day-to-day needs of the adjacent residential area. 8.3 Economic Development and Employment Lands 8.3.1 Strategic Approach Service Commercial Areas Maintain an adequate supply of land for Service Commercial needs through infilling and consolidation of existing areas and by designating additional land for this purpose 8.3.3 Service Commercial Areas Description Service Commercial Areas provide locations for a broad range of commercial uses that, for the most part, are not suited to locations within the Central Area because of their site area, access or exposure requirements or due to compatibility conflicts with residential development. Generally, service commercial uses cater to vehicular traffic and single purpose shopping trips where customers are typically generated from passing traffic or a wide ranging market area. Service Commercial Areas, while providing for a limited amount of retail use, are not intended to accommodate retail activities that are typically characteristic of a Central Area location and will not directly compete with the Central Area. It is the intent of this Plan that major commercial activities should be located in the Central Area unless it can be justified that a location in the Central Area is not feasible by land area or building area restrictions. Given the potential proximity of Service Commercial areas to residential areas, this designation may also include uses which serve the day-to-day needs of adjacent residential neighbourhoods. The potential proximity of Service Commercial areas to residential areas and the need to minimize disruption to Page 46 of 226 20 | 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) traffic flows on major roads necessitates close attention being given to site planning, the range of uses permitted and development form. Permitted Uses identified for Service Commercial in the Official Plan New Development Uses permitted within the Service Commercial zone include: hotels, motels, hotel/conference facility, automotive sales and services, furniture warehouses, farm implement sales, personal services, convenience commercial uses, video rental establishments, automobile service stations, gas bars, ca r wash facilities, retail sales of automobile supplies, automated teller machines or kiosks, tourism information outlets or kiosks, recreation and entertainment uses, restaurants and fast food outlets, retail food stores, uses which require large areas for on-site storage of goods or vehicles and other types of commercial uses that offer service to the travelling public, business and industry 8.3.3.1 Scale-Related Policies and Study Requirements Scale The scale of uses within the Service Commercial designation will generally range from 3,500 square feet (325 square metres) to 50,000 square feet (4,645 square metres). Uses of less than 3,500 square feet (325 square metres) will be encouraged to locate in the Central Area, where appropriate. We would note that the current uses on the subject site currently amount to approximately 46,200 square feet, including the gas bar. With the addition of the two proposed buildings, the size of the development on the site would increase to 66,200 square feet . In our opinion, this modest increase in size is less significant in terms of function than the specific uses that would be permitted on the site. Similarly, this increase in scale is much less significant in terms of impact on the Central Area than whether the market exists to support the uses that would be accommodated within the proposed new buildings. An intention for the Service Commercial Area is for it to accommodate uses that are not appropriate for the Central Area. It is important to note that any of the ind ividual uses that would be suitable for the proposed buildings on the subject site could theoretically be accommodated in the downtown. For example, there are a number of underdeveloped parcels with large parking areas in the downtown and these sites could, in theory, accommodate the uses that would otherwise be housed in the proposed buildings on the subject site. Overall however, the downtown has limited available vacant land, especially land that can accommodate 20,000 square feet of retail. The last va cant parcel in a prime retail location downtown is being redeveloped. Page 47 of 226 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) | 21 In addition to the limited land availability, the vacancy rate in the downtown is in balance, which provides flexibility to accommodate new tenants and relocations. Furthermore, in the longer term, to 2031 population growth will require more commercial space than can reasonably be accommodated downtown. Zoning By-law The subject site is zoned for Service Commercial uses (Oxford County Zoning By-law No. 3295), which is consistent with its Official Plan designation. Figure 2-6: Zoning SOURCE: Oxford County, Zoning By-Law No. 3295, 2018. Page 48 of 226 22 | 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) Uses currently permitted that might be appropriate for the proposed multi -tenant commercial buildings proposed on the subject site, include: • An automated banking machine; • A bar or tavern; • A brew your own establishment; • A commercial recreation establishment (indoor); • A convenience store, not exceeding 372 square metres (4,004 square feet); • A dry cleaning establishment; • An eating establishment, with or without a drive through facility; • A furniture or home appliance sales and service establishment; • A household power equipment sales and service establishment; • A personal service establishment; • A place of entertainment; • A retail food store: • A service shop; and • A veterinary clinic. Some uses not currently permitted on the subject site could continue to be restricted. However, permissions could be expanded to include “Retail Store.” Retail stores tend to be neighbourhood focused and would support the function of the subject site , particularly cross-visitation with the supermarket. The small-scale nature of the space would likely not attract a significant number of generically defined retail stores and would be more focused on convenience retail. Examples of uses that would support cross-visitation with the supermarket are: − Pet Food Store − Dollar Store − Florist − Nutritional Supplement Store − Financial Advisors (Excluding Banks) − Real Estate Office − Insurance Broker − Private Education (e.g. Kumon) − Electronics Store − Pharmacy − Eyewear or Hearing Device Store − Specialty Sporting Goods Outlet (e.g. Bicycles, Running, Scuba). − Travel Agent − Photo or Artist Studio − Athletic and Dance Instruction (e.g. Martial Arts, Yoga Studio) Page 49 of 226 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) | 23 3.0 Trade Area and Population Page 50 of 226 24 | 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) 3.1 Trade Area As illustrated in Figure 3-1, the primary trade area is the municipal boundary of Tillsonburg, which is consistent with 2009 Commercial Policy Review. The 2009 study also considered a larger secondary trade area, which included villages and other rural lands to the south. The secondary trade area for this Retail Market Study is approximately the same as the 2009 study. It is the same boundary as a 2007 trade area, which was based on a license plate survey.6 This Secondary Trade area includes rural areas and small villages in Oxford County, Norfolk County and Elgin County, which would be drawn to Tillsonburg services and goods not available locally. Figure 3-1: Primary and Secondary Trade Area SOURCE: urbanMetrics inc. 6 This 2007 study was completed by Tate Economic Research and peer reviewed by urbanMetrics. This study also contains information on inflow and capture rates for supermarkets and non-food store retail. Page 51 of 226 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) | 25 3.2 Existing and Forecast Population Population Projections The Tillsonburg population has been growing at modest levels. Over the 10-year period between 2006 and 2016, the population grew by approximately 5%, or about 700 people, to a total of 16,077 people. This represents an annual average increase of 70 persons. Preliminary population forecasts have been undertaken as part of the 2019 Oxford County Phase 1 Comprehensive Review, as illustrated in Figure 3-2. These forecasts are subject to change as the Municipal Comprehensive Review process proceeds. The Secondary Trade Area contains just over 30,000 residents as of the 2016 Census. The Secondary Plan Area includes a portion of Oxford County, Norfolk County and Elgin County. Population growth is based on the Oxford County Phase 1 Comprehensive Review (2019) and the Norfolk County Development Charges Background Study (2018). Population in Elgin County was assumed to be stable. Figure 3-2: Historical and Forecast Population, 2006 to 2041 SOURCE: Statistics Canada, Census of Population, 2006, 2011 and 2016; Hemson Consulting Ltd, Oxford County Phase 1 Comprehensive Review, April 3, 2019. The 2018 urbanMetrics estimate is based on the 2016 Census population adjusted with the estimated declined in the existing population based on declining household size and the estimated i ncreased population resulting from housing starts. As noted in Figure 3-2, future population growth in Tillsonburg is anticipated to occur at much higher rates than has been experienced in recent years. Between 2018 and 2031, growth is projected at approximately 200 persons per year compared with only 70 persons annually over the previous decade. In part this is attributable to new housing development that is occurring in the community. Base Year 2006 2011 2016 2018 2021 2026 2031 2041 Tillsonburg Population 15,369 15,729 16,077 16,660 17,380 18,280 19,240 21,220 Average Annual Increase 72 70 292 240 180 192 198 Average Annual Growth 0.5%0.4%1.8%1.4%1.0%1.1%1.0% Secondary Trade Area Population 28,334 29,191 30,208 30,385 30,649 31,089 31,530 32,410 Average Annual Increase 171 204 88 88 88 88 88 Average Annual Growth 0.6%0.7%0.3%0.3%0.3%0.3%0.3% Page 52 of 226 26 | 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) Recent and Proposed Housing Development There has been a surge in housing starts over the most recent three years, 2016 to 2018, as illustrated in Figure 3-3. Figure 3-3: Tillsonburg Housing Starts, 2009 to 2018 SOURCE: CMHC Starts and Completions Survey. Page 53 of 226 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) | 27 As illustrated in Figure 3-4, there is still considerable vacant residential land near the subject site. Overall, there are 96 hectares of vacant and developable residential land and 18 hectares of vacant commercial/ institutional land in Tillsonburg. Figure 3-4: Vacant Land and Land with Active Development Applications, 2019 SOURCE: Hemson Consulting Ltd, Oxford County Phase 1 Comprehensive Review, April 3, 2019. There are 930 proposed housing units in the area immediately near the subject site, as illustrated in Figure 3-5 and 3-6, in addition to many other proposed units7 throughout Tillsonburg. For the approximately 2,400 residents in these new subdivisions, the existing and proposed retail uses on the 7 There are approximately 775 units proposed in Tillsonburg in addition to those proposed in Figure 3-5. This new development is estimated to house just under 1,700 people. This is based on the Oxford County Development Activity map for the Town of Tillsonburg (July 2018). Page 54 of 226 28 | 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) subject site will represent the closest day-to-day and weekly shopping opportunities. In the longer term, there still remains additional greenfield residential land available for redevelopment in the vicinity of the subject site, particularly to the northeast. Figure 3-5: Development Applications Near Subject Site, July 2018 SOURCE: Oxford County, Development Activity Town of Tillsonburg, July 2018. The person per unit (PPU) assumptions are based on the 2014 Hemson Development Charge Background Study. Units Persons Per Household Anticipated Population Single Detached 682 2.93 1,998 Semi Detached 34 2.93 99 Townhouse 95 2.03 192 Apartment 119 1.30 154 Total 930 2,443 Page 55 of 226 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) | 29 Figure 3-6: Development Applications Map, July 2018 SOURCE: Oxford County, Development Activity Town of Tillsonburg, July 2018. Oxford County estimates that the 4 medium density blocks at Southridge will yield 60 townhouse units. Page 56 of 226 30 | 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) 3.3 Demographics Age As in many communities across Ontario, the population in Tillsonburg is aging. This trend is anticipated to continue into the future. A forecast prepared by Watson and Associates Economists Ltd. for Oxford County illustrates that the population of people 65 years and older will grow from 17.9% in 2016 to 27.3% in 2041. Figure 3-7: Tillsonburg Population by Age Cohort, 2006 to 2016 SOURCE: Statistics Canada, Census of Population, 2006 and 2016. Page 57 of 226 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) | 31 Figure 3-8: Oxford County Population Composition by Age Cohort, 2011 to 2041 SOURCE: Watson and Associates Economists Ltd., 2014. Household Size As found across Ontario, household sizes have been declining in Tillsonburg. This is associated with the aging population, as there are smaller families in the existing housing stock. Figure 3-9: Tillsonburg Population, Dwellings and Household Size, 2006 to 2016 2006 2011 2016 Change 2006 to 2016 Population 15,369 15,729 16,077 5% Dwellings 6,374 6,814 7,127 12% Person Per Unit 2.41 2.31 2.26 -6% SOURCE: Statistics Canada, Census of Population, 2006 to 2016. Page 58 of 226 32 | 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) Income Per capita income is lower in Tillsonburg and the Secondary Trade Area than the Ontario average. This impacts the expected retail expenditure level, and influences spending on food store retail, non food store retail and services. Figure 3-10: Trade Area Per Capita Income Levels, 2015 Average Per Capita Income (2015) Index to Province Tillsonburg $32,504 86.4 Secondary Trade Area $26,503 70.5 Ontario $37,614 100.0 SOURCE: urbanMetrics inc., based on results of 2016 Census of Canada. Employment Rates and Occupation Workforce health has an impact on the income potential of the local population, which then influences purchasing power and thus retail spending. Participation rates have been declining (from 60.7% in 2006 to 55.8% in 2016) in Tillsonburg. This decline in participation rates has been a trend in Canada due to the aging Baby Boomer population, and their entry into retirement age. The unemployment rate was 6.4% in Tillsonburg in 2016, which was lower than the provincial rate of 7.4%. More recent unemployment data are not available for Tillsonburg. Since the 2016 Census, the unemployment rate in Ontario has declined. As of February 2019, the Ontario unemployment rate was 5.7%.8 An ideal employment rate is often a matter of debate; however, the natural rate of unemployment in Canada is typically estimated at around 5.5% to 6.5%, which is the level at which unemployment does not influence inflation rates.9 Figure 3-11: Participation and Unemployment Rate, 2006 and 2016 Participation Rate Unemployment Rate 2006 2016 2006 2016 Tillsonburg 60.7% 55.8% 5.9% 6.4% Ontario 67.1% 64.7% 6.4% 7.4% SOURCE: urbanMetrics inc., based on results of the 2006 and 2016 Census of Canada. 8 Statistics Canada, Labour Force Survey, February 2019. 9 Carolyn A. Wilkins, A Look Under the Hood of Canada’s Job Market, Toronto Region Board of Trade, January 31, 2019. Page 59 of 226 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) | 33 In 2016, many jobs in Tillsonburg were in the manufacturing (2,710, 35% of jobs), retail trade (1,260, 15% of jobs) and health care/social assistance (1,030, 12% of jobs) sectors. The number of jobs in Tillsonburg has declined by 1,525 between 2006 to 2016. There has been a significant decline in manufacturing jobs (a loss of 750 jobs from 2006 to 2016). Almost all sectors experienced job loss, ranging from 10 to 750 jobs. Arts, entertainment and recreation experienced a slight increase in jobs. Both local residents as well as non-local employees working in Tillsonburg contribute to retail spending. The loss of jobs in Tillsonburg indicates that the local economy has been stagnant. Declining employment impacts retail spending potential, and has an impact on the warranted retail space in Tillsonburg. Figure 3-12: Employment by Place of Work in Tillsonburg, 2006 and 2016 SOURCE: Statistics Canada, Census of Population, 2006 and 2016. The 2006 and 2016 industry sector location quotients (LQ) area illustrated in Figure 3-13. The LQ compares the concentration of jobs in Tillsonburg to the Province. A LQ between 0.75 to 1.25 is Page 60 of 226 34 | 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) generally considered on par with the Provincial job distribution and a value of 1.0 is perfect parity in terms of relative representation of a given industry sector. Similarly, a score of 1.25 or greater generally indicates that the sector is more represented in the local context (i.e., Tillsonburg) and a score below 0.75 indicates that there is relatively less representation . As indicated in Figure 3-13, Tillsonburg has a very high concentration of manufacturing jobs compared to the province as a whole. This suggests some vulnerability to the declining employment in manufacturing across the Country. The fact that the manufacturing LQ increased between 2006 and 2016 is due to the fact that the rate of job loss in Tillsonburg was lower than that for Ontario as a whole. Figure 3-13: Location Quotient for Tillsonburg Compared to the Ontario Job Distribution by Place of Work, 2006 and 2016 SOURCE: Statistics Canada, Census of Population, 2006 and 2016. In summary, while new housing activity is encouraging, the Tillsonburg economy is still transitioning from its reliance on manufacturing and agriculture to a more diversified base. The loss of jobs and aging population will likely slow down the economic resurgence. Page 61 of 226 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) | 35 4.0 Competitive Environment Page 62 of 226 36 | 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) 4.1 Commercial Hierarchy The County of Oxford Official Plan (1995/2017) plans for a simplified urban structure, primarily comprising the Central Business District and Entrepreneurial District in the Central Area; and Service Commercial areas. As outlined in Policy 8.0 of the Tillsonburg Land Use Policies, these types of retail clusters serve different purposes and as such there are different considerations for development in these areas. 8.0 Town of Tillsonburg Land Use Policies Balanced Distribution of Shopping Areas Encourage a balanced distribution of downtown, service, and neighbourhood commercial areas that serve the varied needs of Town residents by creating a hierarchy of shopping areas and defining locational criteria and development guidelines. The commercial areas shall be well integrated with adjacent residential areas and shall not impact negatively on established markets or on the local neighbourhood by reason of potential increased traffic generation or parking on local streets. The different types of retail areas in Tillsonburg are summarized below. Commercial Area Retail Function Central Area The Central Business District is intended to be the most intensive, functionally diverse business, cultural and administrative centre in the Town. Therefore, within the Central Business District, the full range of commercial, office, administrative, cultural, entertainment, recreation, institutional, open space and multiple residential uses are permitted. (Policy 8.3.2.3.1) Central Business District A Central Area subarea The CBD is the highest order retail shopping district capable of meeting the day to day and specialty needs of the residents of the Town of Tillsonburg and surrounding areas. (Policy 8.3.2.2.1) Entrepreneurial District A Central Area subarea [Provision of] a range of commercial and business development opportunities through the conversion of existing residential dwellings and new development or redevelopment. Within the Entrepreneurial District the continuation of residential uses is also anticipated. It is intended that development in this District will result in a mixture of land uses. (Policy 8.3.2.3.2) Service Commercial Generally, service commercial uses cater to vehicular traffic and single purpose shopping trips where customers are typically generated from passing traffic or a wide ranging market area. Service Commercial Areas, while providing for a limited amount of retail use, are not intended to accommodate retail activities that are typically characteristic of a Central Area location and will not directly compete with the Central Area. (Policy 8.3.3) Page 63 of 226 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) | 37 The subject site is distinct compared to other Service Commercial areas because: • It is anchored by a supermarket and there is an opportunity to increase cross-visitation between the supermarket and other uses on the subject site; • The location is highly accessible on a primary road with an existing signalized intersection; • The subject site is well positioned to serve the existing and growing residential pop ulation in north Tillsonburg; • The parcel size is sufficiently large to accommodate an increase in retail space and associated parking; and, • The subject site is 2.5 kilometres from the downtown and therefore is adequately separated from convening shopping opportunities in the downtown. The subject site is the most logical site for a neighbourhood serving commercial plaza in Tillsonburg given the above criteria. As illustrated in the photos in Figure 4-1, the Tillsonburg Central Area (the downtown) has a distinct character with many small shops clustered in a walkable area. The Tillsonburg Town Centre attracts local and regional residents because of the Canadian Tire and Wal-Mart. Small retail spaces are encouraged to locate in the downtown to maintain the viability of this cluster. The need to safeguard the ongoing viability of the Central Area is the reason why small retail storefronts are restricted in other retail areas, such as the Broadway Cluster wh ere the subject site is located. Figure 4-1: Central Area Retail Photos SOURCE: urbanMetrics inc., March 2019. Norfolk Mall is in Norfolk County and does not fit within the above commercial hierarchy. It is, however, and important consideration for the retail landscape in Tillsonburg. This Shopping Centre Page 64 of 226 38 | 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) Commercial site permits a range of uses10, and similar to Oxford County policy these uses are intended to be differentiated from downtown retail. 7.10 Shopping Centre Commercial Designation The Shopping Centre Commercial Designation applies to the existing shopping centres located outside of areas designated as Downtown. These areas are primarily retail in nature, and provide a less diverse array of goods and services than provided in the Downtown Designation. Figure 4-2: Norfolk Mall SOURCE: CoStar Realty; Google Maps. 4.2 Existing Commercial Space Tillsonburg has over 1.2 million square feet of commercial space, with a vacancy rate of 4.6%. Including Norfolk Mall and surrounding commercial space, the total commercial space increases to 1.4 million square feet and the vacancy rate increases to 7.7%. Although Norfolk Mall is in Norfolk County (designation Shopping Centre Commercial), and outside of the Primary Trade Area, it is still part of the Tillsonburg retail landscape. Norfolk Mall has an exceptionally high vacancy rate due to the relocation of Wal-Mart to the Tillsonburg Central Area. The former 50,000 square foot Wal-Mart unit remains vacant. 10 Permitted uses are: retail establishments, restaurant, real estate office, service shop, funeral home, laundromat, hotel, motel, place of entertainment and recreation, automobile service station, commercial garage and other similar uses. Page 65 of 226 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) | 39 A healthy vacancy rate fluctuates between 4 to 8%. A retail inventory from 2009 found that the vacancy rate was almost double the current rate (9.7%).11 Over the last 10 years, the Tillsonburg commercial market has become healthier and more balanced. Over 60,000 square feet of retail space has been absorbed and there has been commercial renovations and new construction in the downtown and other nodes. The 2009 commercial inventory reviewed store types and vacancy rates for a number of key clusters, which were: • Broadway, at the northern Tillsonburg Gateway and where the subject site is located. • Central Area, the historic downtown and the focal area for understanding potential impact of commercial development on the subject site. The Central area is where the Tillsonburg Town Centre mall is located, as well as a number of fine-grained commercial streets focused on Broadway Street, with an extension onto the side streets. • Elsewhere in Tillsonburg, there are commercial clusters along Tillson Avenue, Simcoe Street and Vienna Road, as well as other commercial spaces outside of these clusters. • Norfolk Mall, outside of Tillsonburg and Oxford County on the north eastern gateway to the Town. The downtown is the dominant retail area in the Town, with approximately half of all retail and service space. In a number of retail categories, as illustrated in Figure 4-4, Downtown Tillsonburg has between 75% and 100% of space in the Town. The Broadway cluster, in which the subject site is located, contains only about 15% of the total inventory and has only 50% of the total space in only two categories – automotive and home furnishings (as illustrated below in Figure 4-4). 11 Sorensen Gravely Lowes Planning Associates Inc. and Robin Dee & Associates, Oxford County, Commercial Policy Review, Characteristics of Oxford’s Retail Sector & Profile of The Commercial Structure Module One, June 2009. Figure 4-3: Tillsonburg Commercial Clusters SOURCE: Sorensen Gravely Lowes; urbanMetrics inc. Page 66 of 226 40 | 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) Figure 4-4: Percentage of Store Type Floor Area by Commercial Area in Tillsonburg, 2019 SOURCE: urbanMetrics inc. Norfolk Mall is not included in this table. Page 67 of 226 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) | 41 Stores in the downtown (Central Area) are generally smaller than other areas of the Town, which is why the Official Plan states that uses under 3,500 square feet are “encourage[ed] to locate in the Central Area.”. The most common store size in the downtown is 1,600 square feet, with an average of 3,300 square feet. The average store size in the downtown is slightly smaller than the Town overall, as illustrated in Figure 4-5. When the Canadian Tire and Walmart are excluded from the downtown average, the average store size is 2,600 square feet. Figure 4-5: Average Store Size by Commercial Area, 2019 SOURCE: urbanMetrics, inc. When considering the proportion of stores over and under 3,500 square feet , the Central Area has the same distribution as the Broadway Cluster (where the subject site is located). Figure 4-6: Store Sizes Over and Under 3,500 sq. ft. by Commercial Area, 2019 Broadway Central Area Norfolk Mall Simcoe Street Tillson Avenue Vienna Road Other Total <3,500 Square Feet 36 162 6 28 26 2 19 279 ≥3,500 Square Feet 11 49 9 5 11 1 8 94 Total 47 211 15 33 37 3 27 373 Broadway Central Area Norfolk Mall Simcoe Street Tillson Avenue Vienna Road Other Total <3,500 Square Feet 77% 77% 40% 85% 70% 67% 70% 75% ≥3,500 Square Feet 23% 23% 60% 15% 30% 33% 30% 25% Total 100% 100% 100% 100% 100% 100% 100% 100% SOURCE: urbanMetrics, inc. With the exception of Norfolk Mall, the Tillsonburg commercial structure appears to be healthy— characterised by a strong range of retail uses for a community of its size, competitive vacancy rates and a strong downtown. Average Size (Sq.Ft.) Broadway 4,400 Central Area 3,300 Norfolk Mall 11,400 Simcoe Street 2,200 Tillson Avenue 4,700 Vienna Road 10,700 Other 6,300 Total 3,900 Page 68 of 226 42 | 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) Figure 4-7: Tillsonburg Inventory (Including Norfolk Mall), March 2019 SOURCE: urbanMetrics inc. Square Metres Square Feet Percentage Convenience & Specialty Food 3,818 41,100 2.9% Supermarkets & Grocery 12,663 136,300 9.8% FOOD STORE RETAIL SUBTOTAL 16,481 177,400 12.7% Tires/Automotive Parts and Accessories Stores 3,410 36,700 2.6% Furniture Stores 1,412 15,200 1.1% Home Furnishings Stores 5,871 63,200 4.5% Computer and Software Stores 121 1,300 0.1% Home Electronics and Appliance Stores 2,193 23,600 1.7% Home Centres and Hardware Stores 9,653 103,900 7.4% Specialized Building Materials and Garden Stores 7,144 76,900 5.5% Pharmacies and Personal Care Stores 2,880 31,000 2.2% Clothing Stores 1,719 18,500 1.3% Shoe, Clothing Accessories and Jewellery Stores 1,747 18,800 1.3% Department Stores 7,395 79,600 5.7% Other General Merchandise Stores 7,367 79,300 5.7% Sporting Goods, Hobby, Music and Book Stores 1,682 18,100 1.3% Miscellaneous Store Retailers 7,711 83,000 5.9% NON-FOOD STORE RETAIL SUBTOTAL 60,303 649,100 46.5% Liquor, Beer & Wine Stores 1,273 13,700 1.0% LIQUOR, BEER AND WINE SUBTOTAL 1,273 13,700 1.0% Consumer Services Rental Services 1,087 11,700 0.8% Financial Services 3,354 36,100 2.6% Insurance and Real Estate Services 4,088 44,000 3.2% Professional, Scientific & Technical Services 4,859 52,300 3.7% Selected Office Administrative Services 1,106 11,900 0.9% Selected Educational Services 604 6,500 0.5% Health Care Services 6,670 71,800 5.1% Social Services 1,477 15,900 1.1% Cultural, Entertainment & Recreational Establishments 3,038 32,700 2.3% Food Services and Drinking Places 9,216 99,200 7.1% Personal Care Services 6,215 66,900 4.8% SERVICES SUBTOTAL 41,713 449,000 32.2% Vacant 9,922 106,800 7.7% VACANT SUBTOTAL 9,922 106,800 7.7% TOTAL 129,693 1,396,000 100.0% STORE CATEGORY TOTAL INVENTORY Page 69 of 226 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) | 43 Figure 4-8: Inventory by Node, March 2019 SOURCE: urbanMetrics inc. Sq. M. Sq. Ft. %Sq. M. Sq. Ft. %Sq. M. Sq. Ft. %Sq. M. Sq. Ft. % Convenience & Specialty Food 1,050 11,300 6%1,217 13,100 2%1,551 16,700 4%- - 0% Supermarkets & Grocery 3,716 40,000 22%2,750 29,600 4%- - 0%6,197 66,700 40% FOOD STORE RETAIL SUBTOTAL 4,766 51,300 29%3,967 42,700 6%1,551 16,700 4%6,197 66,700 40% Tires/Automotive Parts and Accessories Stores 167 1,800 1%1,356 14,600 2%985 10,600 3%901 9,700 6% Furniture Stores 177 1,900 1%539 5,800 1%232 2,500 1%465 5,000 3% Home Furnishings Stores 2,973 32,000 18%1,765 19,000 3%1,133 12,200 3%- - 0% Computer and Software Stores - - 0%121 1,300 0%- - 0%- - 0% Home Electronics and Appliance Stores - - 0%1,886 20,300 3%- - 0%307 3,300 2% Home Centres and Hardware Stores - - 0%- - 0%9,653 103,900 28%- - 0% Specialized Building Materials and Garden Stores 1,421 15,300 9%186 2,000 0%5,416 58,300 16%121 1,300 1% Pharmacies and Personal Care Stores 316 3,400 2%2,174 23,400 3%390 4,200 1%- - 0% Clothing Stores - - 0%1,719 18,500 3%- - 0%- - 0% Shoe, Clothing Accessories and Jewellery Stores - - 0%1,747 18,800 3%- - 0%- - 0% Department Stores - - 0%7,395 79,600 12%- - 0%- - 0% Other General Merchandise Stores - - 0%6,438 69,300 10%- - 0%929 10,000 6% Sporting Goods, Hobby, Music and Book Stores - - 0%604 6,500 1%613 6,600 2%465 5,000 3% Miscellaneous Store Retailers 446 4,800 3%4,469 48,100 7%2,796 30,100 8%- - 0% NON-FOOD STORE RETAIL SUBTOTAL 5,500 59,200 33%30,398 327,200 49%21,219 228,400 61%3,187 34,300 21% Liquor, Beer & Wine Stores - - 0%725 7,800 1%548 5,900 2%- - 0% LIQUOR, BEER AND WINE SUBTOTAL - - 0%725 7,800 1%548 5,900 2%- - 0% Consumer Services Rental Services - - 0%- - 0%1,087 11,700 3%- - 0% Financial Services 158 1,700 1%3,196 34,400 5%- - 0%- - 0% Insurance and Real Estate Services 557 6,000 3%2,806 30,200 4%725 7,800 2%- - 0% Professional, Scientific & Technical Services 455 4,900 3%4,023 43,300 6%381 4,100 1%- - 0% Selected Office Administrative Services - - 0%344 3,700 1%762 8,200 2%- - 0% Selected Educational Services - - 0%279 3,000 0%325 3,500 1%- - 0% Health Care Services 1,236 13,300 7%4,078 43,900 7%1,236 13,300 4%121 1,300 1% Social Services - - 0%1,366 14,700 2%111 1,200 0%- - 0% Cultural, Entertainment & Recreational Establishments 1,356 14,600 8%1,208 13,000 2%474 5,100 1%- - 0% Food Services and Drinking Places 1,394 15,000 8%4,013 43,200 6%2,592 27,900 7%1,217 13,100 8% Personal Care Services 957 10,300 6%2,964 31,900 5%1,830 19,700 5%- - 0% SERVICES SUBTOTAL 6,113 65,800 37%24,276 261,300 39%9,523 102,500 27%1,338 14,400 9% Vacant 195 2,100 1%3,019 32,500 5%2,062 22,200 6%4,645 50,000 30% VACANT SUBTOTAL 195 2,100 1%3,019 32,500 5%2,062 22,200 6%4,645 50,000 30% TOTAL 16,574 178,400 100%62,384 671,500 100%34,904 375,700 100%15,366 165,400 100% OTHER TILLSONBURG AREAS NORFOLK MALL AREASTORE CATEGORY BROADWAY CENTRAL AREA Page 70 of 226 44 | 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) 4.3 Proposed and Anticipated Commercial Space There is one proposed commercial development near the subject site and two proposals in the Central Area (downtown). • Central Area: o Proposal for a dance studio, an assembly hall, storage units, a brewery and a restaurant in an existing building. o An under construction three storey mixed use building at 253 Broadway with a 339 - metre square (3,700 square feet) dental office. • Broadway: Proposal for a new an automotive dealership, located at 671 Broadway (opposite subject site). • Norfolk Mall: Norfolk Mall has a vacant 58,616 square foot retail space that was previously occupied by Wal-Mart, before this tenant moved to the Tillsonburg Town Centre Mall. The Norfolk Official Plan has permissions for an expansion of the department use, which permits a total area of 120,000 square feet (of which about 33,000 square feet can be food sales). Since the Norfolk Mall permits about 40,000 square feet of more space than the Wal-Mart occupies in Tillsonburg Town Centre Mall, there is concern that the Wal-Mart could relocated back to the Norfolk Mall. If this were to occur, it would be important to re-evaluate our assumptions regarding the health of downtown Tillsonburg. The current Wal-Mart space in the Tillsonburg Town Centre would be challenging to re-tenant and the move would decrease the draw of shoppers to the downtown. Although this hypothetical move is an important consideration, these permissions have been in place since 2011 and there has yet to be an indication of redevelopment of the Norfolk Mall site. These active development applications in the Central Area and on Broadway are generally not competitive with the uses that would likely locate in the proposed retail buildings on the subject site. In fact, the proposed automotive dealership would strengthen the market for retail uses on the subject site by attracting more persons to the area. 4.4 Market Demand To evaluate and determine future needs for commercial space in Tillsonburg, a per capita space ratio analysis and an expenditure analysis have been utilized. These methods of analysis require the following assumptions: Page 71 of 226 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) | 45 • The percentage of Tillsonburg residents’ expenditures that are likely to be made locally; and • The amount of space that is likely to be supported from inflow expenditures from persons residing out of Tillsonburg, including those visiting but not living in the area. There are many factors that impact these assumptions. Namely, automobile accessibility, exposure of the commercial space to pass-by traffic, characteristics of the tenants (i.e. draw, or uniqueness of individual retailers within the market), the quality of the retail space, the pro ximity of employment areas or other local and regional amenities, and the quantity/location/type of competitive retail space located outside the community. It is also important to recognize Tillsonburg’s relationship with surrounding settlement areas in Oxford County, Norfolk County and Elgin County and the associated market draw. The rural area near Tillsonburg12 contains about 30,000 people, including the settlements of Otterville, Springford and Courtland. An analysis of both retail and service needs was undertaken . It is recognized that many services are restricted to the downtown core. For this reason, our analysis has only focused on those services that either are already permitted on the site (e.g. food service and personal services) as well as some other services that may complement the day-to-day or weekly shopping attracted by the supermarket. Food and Non-Food Retail Expenditure Analysis The expenditure analysis was used to determine the amount of food store retail (FSR) and non-food store retail (NFSR)13 supported by the existing and future Tillsonburg residents. Based on our estimates of current and future per capita retail expenditures, the total retail expenditures of Trade Area residents have been calculated by multiplying the average per capita retail expenditures by the projected population in 2021, 2026 and 2031. The existing base year distributions of FSR and NFSR expenditures by retail category in 2018 are estimates based on a review of Provincial expenditure data. The expenditure calculations reflect the spending of Trade Area residents in NFSR stores, whether located in the Trade Area or elsewhere. The portion of these expenditures made in stores located inside Trade Area is referred to as the Trade Area share (or the capture). Trade Area retail facilities will also obtain sales from individuals residing outside the Trade Area, such as visitors, tourists, non - resident students and local employees. Expenditures by non-Trade Area residents at stores located in the Trade Area are termed inflow. Both the inflow and the capture rate have been recognized in the 12 The Secondary Trade area as found in the 2009 Commercial Policy Review. 13 Department store, Canadian Tire and Warehouse Membership Club retail demand was excluded in the analysis. There is already a Canadian Tire in Tillsonburg, and there is also a Wal-Mart department store. A Warehouse Membership Club (e.g. Costco) is unlikely to locate in Tillsonburg based on the existing population. Page 72 of 226 46 | 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) market analysis, as presented in the following section of this report. Detailed tables from the expenditure analysis are found in Appendix B. Service Per Capita Analysis The per capita space analysis provides a high-level indication of the amount of commercial space required for service uses to serve a given population. We would note that utilizing the per capita space methodology provides a general guide as to the service commercial space required to serve the anticipated population growth. The actual space required locally may vary depending on income levels and the amount of spending. However, this analysis provides a strong indication of typical service needs in the Trade Area. The market need for service space is based on typical service space per capita obser ved in other communities. This per capita amount is adjusted to account for whether residents tend to visit services in their community, or travel to access services outside of their community (the target capture). In the case of Tillsonburg, residents are assumed to primarily use services in their community because Tillsonburg is not immediately adjacent to another commercial node. People living outside Tillsonburg in the surrounding rural areas will also use services in Tillsonburg (the inflow rate). Tillsonburg is surrounded by a large rural area and many people from this surrounding area will travel to Tillsonburg for services. Unlike the expenditure analysis, the per capita inflow rate captures inflow from both the Secondary Zone as well as the broader region. As noted above, this analysis considers only a selected range of services that may be appropriate for the site. These have been shown in the following table. Figure 4-9:Services Analyzed for the Subject Site Page 73 of 226 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) | 47 Commercial Demand Based on the population projected in the Trade Area, the proposed 20,000 square feet of commercial space on the subject site can be supported, as illustrated in Figure 4-9. In 2021, 33,500 square feet of commercial space can be supported. By 2031, an additional 129,600 square feet of commercial space can be supported. Figure 4-10: Commercial Demand in Tillsonburg (Square Feet), 2021, 2026 and 2031 SOURCE: urbanMetrics inc. 4.5 Conclusions Overall, based on the foregoing research findings and analysis undertaken as part of this study, it is our professional opinion that the subject expansion is appropriate from a market perspective. In particular, our study findings confirm that the subject application satisfies the main policy tests identified earlier in this report with respect to there being sufficient ma rket demand available to support the proposed expansion. 2021 2026 2031 Tillsonburg Population (1 17,380 18,280 19,240 Annual Change 1.4%1.0%1.1% Secondary Trade Area Population (2 30,649 31,089 31,530 Annual Change 0.3%0.3%0.3% Retail Total (3 22,500 55,600 90,800 Food Store Retail 6,500 16,100 26,300 Select Non-Food Store Retail*16,000 39,500 64,500 Selected Services Total (4 11,000 24,200 38,800 Total Commercial Demand 33,500 79,800 129,600 1) Hemson Consulting Phase 1 Municipal Comprehensive Review, 2019. 3) Calculated using the expenditure analysis. 4) Calculated using the per capita analysis. This is a limited service analysis and does not include banks. 2) The population south of Tillsonburg is anticipated to stay stable due to increases in the population of settlement areas and dereases in the rural population. The population in Oxford is anticipated to increase based on the rate in the Hemson Consulting Phase 1 Municipal Comprehensive Review (2019). *Select NFSR does not include department stores, Canadian Tire and warehouse memberrship cubs. Page 74 of 226 48 | 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) The site also has a number of unique attributes that lend it self to the type of expansion being proposed. These include proximity to new growth areas in the north end of Tillsonburg and to existing residential neighbourhoods; the existence of a supermarket on the site to attract day -to-day and weekly shopping; and a signalized intersection to facility ingress and egress to the site. Additionally, our analysis similarly suggests that this expansion is unlikely to result in any critical sales impacts on the Central Area, allowing for the existing and planned commercial structure in Tillsonburg to continue to operate as intended. We would note however, that key considerations influencing this conclusion are that the anticipated population growth will be achieved, and that the principal anchor tenants in the downtown remain in place for the foreseeable future. As noted previously, projected population growth rates are significantly higher than have been experienced in recent years, while the permissions for expansion at Norfolk Mall may be attractive to Wal-Mart at some point in the future. To ensure that the downtown remains a vibrant commercial area, a number of strategies could be used to mitigate potential impacts. These include: • Phasing to confirm that population growth is occurring as per the forecast. The two proposed buildings could be constructed in two phases, which allows for both ongoing monitoring of the health of the downtown and also ensuring that the anticipated population growth is occurring. The triggering of the second phase could be based on the Town achieving a population increase of at least 1,000 persons by 2021 or an equivalent number of new housing units by that time. • A minimum floor area restriction that limits retail store size to those greater than 3,500 square feet is already in place. This is in keeping with the understanding that the Service Commercial area is appropriate for uses that cannot be accommodated within t he downtown, such as larger retail spaces requiring direct highway access. We would note that this restriction may be applied only to retail tenant types – rather than services. For example, personal services, such as hair salons, dry cleaners, shoe repair shops, etc. almost exclusively occupy units smaller than the 3,500 square foot threshold. This minimum size restriction for these services would be tantamount to making them a prohibited use. • Commercial use restrictions can ensure that the downtown remains the dominant retail and service destination in Tillsonburg. For example, the current zoning on the subject site does not permit banks, business services, and government administrative offices, among other uses. • Potential Uses for the proposed retail expansion could include uses currently permitted on the site, as well as, a number of convenience-oriented retail uses that are not currently permitted by the Zoning By-law. Permitted uses that would be appropriate for the proposed multi- tenant commercial buildings proposed on the subject site, include: • An automated banking machine; • A bar or tavern; Page 75 of 226 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) | 49 • A brew your own establishment; • A commercial recreation establishment (indoor); • A convenience store, not exceeding 372 square metres (4,004 square feet); • A dry cleaning establishment; • An eating establishment, with or without a drive through facility; • A furniture or home appliance sales and service establishment; • A household power equipment sales and service establishment; • A personal service establishment; • A place of entertainment; • A retail food store: • A service shop; and • A veterinary clinic. These uses could be expanded by a number of small-scale retail and service uses that would enhance the day-to-day and weekly function of the site. Examples of uses that would support this function and could generate cross-visitation with the supermarket are: − Pet Food Store − Dollar Store − Florist − Nutritional Supplement Store − Financial Advisors (Excluding Banks) − Real Estate Office − Insurance Broker − Private Education (e.g. Kumon) − Electronics Store − Pharmacy − Eyewear or Hearing Device Store − Specialty Sporting Goods Outlet (e.g. Bicycles, Running, Scuba). − Travel Agent − Photo or Artist Studio − Athletic and Dance Instruction (e.g. Martial Arts, Yoga Studio) Page 76 of 226 50 | 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) Appendix A NACIS Categories Page 77 of 226 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) | 51 Figure A-1: North American Industry Classification System (NAICS) Categories SOURCE: urbanMetrics inc., based on the North American Industry Classification System (‘NAICS’). Trade Group NAICS Description 90 Supermarkets 44511 Supermarkets and Other Grocery (except Convenience) Stores 100 Convenience and Specialty Food Stores 44512 Convenience Stores 44521 Meat Markets 44522 Fish and Seafood Markets 44523 Fruit and Vegetable Markets 44529 Other Specialty Food Stores, including Baked Goods Stores, & Confectionary & Nut 110 Beer, Wine and Liquor Stores 44531 Beer, Wine and Liquor Stores 20 Used and Recreational Motor Vehicle and Parks Dealers (Tires, Batteries, Automotive Accessories component) 44131 Automotive Parts and Accessories Stores 44132 Tire Dealers 30 Furniture Stores 44211 Furniture Stores 40 Home Furnishings Stores 44221 Floor Covering Stores (excludes retailers or only ceramic or only hardwood flooring which are in Building Supply) 44229 Other Home Furnishings Stores (e.g. window treatments, fireplace/accessories, kitchen and tableware, bedding and linens, brooms and brushes, lamps and shades, and prints and picture frames). 50 Computer and Software Stores 44312 Computer and Software Stores (includes retailing new computers, computer peripherals, pre-packaged software, game software and related products) 60 Home Electronics and Appliance Stores 44311 Appliance, Television and other Electronics Stores 44313 Camera and Photographic Supplies Stores 70 Home Centres and Hardware Stores 44411 Home Centres 44413 Hardware Stores (includes tool stores) 80 Specialized Building Materials and Garden Stores 44412 Paint and Wallpaper Stores 44419 Other Building Material Dealers (excluding manufacturing and construction firms) (includes doors, windows, kitchen cabinets, electrical, glass, plumbing, ceramic floor, roofing materials, fencing) 44421 Outdoor Power Equipment Stores (lawn mowers, tractors, hedge trimmers, snow blowers) 44422 Nursery Stores and Garden Centres 120 Pharmacies and Personal Care Stores 44611 Pharmacies and Drug Stores 44612 Cosmetics, Beauty Supplies and Perfume Stores 44613 Optical Goods Stores 44619 Other Health and Personal Care Stores (includes stores retailing health and personal care items, such as vitamin supplements, hearing aids, and medical equipment and supplies) Pharmacies and Personal Care Stores Automotive BEVERAGE STORES NON-FOOD STORE RETAIL (NFSR) FOOD STORE RETAIL (FSR) Furniture, Home Furnishings and Electronics Stores Building and Outdoor Home Supplies Stores Page 78 of 226 52 | 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) Figure A-1: North American Industry Classification System (NAICS) Categories (continued…) SOURCE: urbanMetrics inc., based on the North American Industry Classification System (‘NAICS’). Trade Group NAICS Description 140 Clothing Stores 44811 Men's Clothing Stores 44812 Women's Clothing Stores 44813 Children's and Infant's Clothing Stores 44814 Family Clothing Stores 44819 Other Clothing Stores 150 Shoe, Clothing Accessories and Jewellery Stores 44815 Clothing Accessories Stores 44821 Shoe Stores (includes athletic shoe retailers) 44831 Jewellery Stores 44832 Luggage and Leather Goods Stores 170 Department Stores 45211 Department Stores 175 45211 Department Stores with a Large food component (i.e. Walmart Supercentres) 180 Other General Merchandise Stores 45291 Warehouse Clubs and Superstores 45299 All Other General Merchandise Stores: Home & Auto (i.e. Canadian Tire) Other General Merchandise Stores (e.g. general stores, variety stores, "dollar" stores) 160 Sporting Goods, Hobby, Music and Book Stores 45111 Sporting Goods Stores (excludes athletic shoe retailers) 45112 Hobby, Toy and Game Stores (excludes computer games and software) 45113 Sewing, Needlework and Piece Goods Stores 45114 Musical Instrument and Supplies Stores 45121 Book Stores and News Dealers 45122 Pre-Recorded Tape, Compact Disc and Record Stores 190 Miscellaneous Store Retailers 45311 Florists 45321 Office Supplies and Stationery Stores 45322 Gift, Novelty and Souvenir Stores 45331 Used Merchandise Stores 45391 Pet and Pet Supplies Stores 45392 Art Dealers (excludes art galleries) 45399 All Other Miscellaneous Store Retailers (e.g. tobacco supplies, artist supplies, collectors items, beer & wine making, swimming pool/spas/accessories, religious goods and accessories) Miscellaneous Retailers General Merchandise Stores Clothing and Accessories Stores NON-FOOD STORE RETAIL (NFSR) (Continued) Page 79 of 226 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) | 53 Figure A-1: North American Industry Classification System (NAICS) Categories (continued…) SOURCE: urbanMetrics inc., based on the North American Industry Classification System (‘NAICS’). Trade Group NAICS Description 200 Consumer Goods Rental 53221 Consumer Electronics and Appliance (Appliance rental and leasing, rental of consumer audio-visual equipment (including rent-to-own), Television rental and leasing, Video recorder and player rental and leasing, Washers and dryers rental) 53222 Formal Wear and Costume Rental 53223 Video Tape and Disc Rental 53229 Other Rental (sporting goods, garden equipment, home health, fitness etc.) 53231 General Rental Centres (including contractors' and builders' tools and equipment, home repair tools, lawn and garden equipment, moving equipment and supplies, and party and banquet equipment and supplies 210 Finance 52211 Banks 52213 Credit Unions 215 52239 Other Financial (including cheque cashing, mortgage brokers, other financial services (e.g. Edward Jones)) 220 Insurance and Real Estate 52421 Insurance Agencies and Brokerages 53121 Offices of Real Estate Agents and Brokers 53132 Office of Real Estate Appraisers 230 Professional, Scientific & Technical Services 54111 Offices of Lawyers 54119 Other Legal Services (e.g.. Paralegal, Title search, immigration consultation, notaries) 54121 Offices of Accountants, Tax Preparation Services, Bookings, Payroll 54131 Architectural Services 54132 Landscape Architecture (includes urban planners, industrial development planning, landscape architects) 54134 Drafting Services 54137 Survey and Mapping Services 54138 Testing Labs (excluding medical, auto, veterinary) 54141 Interior Design Services 54143 Graphic Design Services (includes art studios) 54149 Other Specialized Design Services (e.g. clothing, jewellery, fashion) 54151 Computer Systems Design and Related Services (e.g. computer consulting and programming) 54161 Management Consulting Services 54162 Environmental Consulting Services 54169 Other Scientific and Technical Consulting (e.g. economic, hydrology, safety ) 54171 Research & Development in the Physical, Engineering and Life Sciences (includes medical research labs) 54172 Research & Development in the Social Sciences and Humanities (e.g.. demographic, education, psychology research) 54181 Advertising Agencies 54182 Public Relations Services (e.g. lobbyists, political consultants) 54191 Marketing Research & Public opinion polling 54192 Photographic Services (e.g. passport photography, photo studios portrait photography studies) 54193 Translation and Interpretation Services 54194 Veterinary Services (excludes pet care (81291)) 54199 All Other Professional, Scientific and Technical Services (includes consumer credit counselling) 240 Selected Office Administrative Services 56131 Employment Services (includes placements, executive search, casting agencies etc.) 56141 Document Preparation Services (proofreading, word processing, desktop publishing etc.) 56142 Telephone Call Centres 56143 Business Service Centres (e.g.. printing, copying, mail centres) (excludes commercial printing) 56144 Collection Agencies 56145 Credit Bureaus 241 56151 Travel Agencies 56159 Other Travel Arrangement & Reservation Services (e.g.. ticket sales agency, tourist info, bus ticket offices, etc.) 56162 Security Systems (includes security system sales, installation and monitoring; locksmiths (excluding key duplication - 81149)) 245 Selected Educational Services 61161 Fine Arts Schools (e.g. dance, drama, music, art, handicrafts) 61162 Athletic Instruction (e.g. aerobic dance, gymnastics, judo, karate, martial arts, scuba, swimming) (excludes athletic instruction in sport and recreation facility) 61163 Language Schools 61169 All Other Schools and Instruction (e.g. driving instruction, public speaking, Kumon, Oxford) SERVICES Page 80 of 226 54 | 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) Figure A-1: North American Industry Classification System (NAICS) Categories (continued…) SOURCE: urbanMetrics inc., based on the North American Industry Classification System (‘NAICS’). Trade Group NAICS Description 250 Health Care 63111 Offices of Physicians 62121 Offices of Dentists 62131 Offices of Chiropractors 62132 Offices of Optometrists (excludes eyeglass stores - 44613) 62133 Offices of Mental Health Practitioners (psychologists, psychiatric social workers) 62134 Offices of Physical, Occupational, Speech Therapists and Audiologists 62135 Offices of Other Health Practitioners (e.g.. acupuncturists, dental hygienists, dieticians, naturopath, podiatrists) 62141 Family Planning Centres 62142 Outpatient Mental Health and Substance Abuse Centres 62149 Other Outpatient Care Centres (e.g. public health clinics, hearing testing, dialysis) 62151 Medical and Diagnostic Laboratories (e.g. medical, x-ray, dental lab (excluding making of dentures, ortho appliances, teeth) 255 Social Services 62411 Child and Youth Social Services (e.g. Children's aid, youth centres, adoption) 62149 Other Individual and Family Services (e.g.. AA, marriage counselling, outreach) 62441 Child Day Care 260 Cultural, Entertainment and Recreation 261 71312 Amusement Arcades (e.g. indoor play areas, pinball arcades, video game arcades) 262 71394 Fitness & Recreational Sports Centres (includes athletic clubs, spas (w/o accommodation), aerobic dance centres, health clubs) 263 71395 Bowling Centres 264 71399 All other Amusement and Recreation Industries (includes billiards parlours) 265 51213 Motion Picture and Video Exhibition (includes cinemas) 270 Food Services and Drinking Places 271 72211 Full-Service Restaurants 272 72221 Limited-Service Eating Places 273 72232 Caterers (includes banquet halls) 274 72241 Drinking Places (Alcoholic Beverages) -( includes night clubs, bars (including those with gaming), pubs, taverns 280 Personal and Household Goods Repair and Maintenance 281 81111 Automotive Mechanical & Electrical Repair & Maintenance (includes engine repair, exhausts, transmission, electrical system repair) 281 81112 Automotive Body, Paint, Interior and Glass Repair (includes collision repair, auto upholstery, paint & body shops) 281 81119 Other Automotive Repair & Maintenance (includes auto detail, washing, diagnostic centres, lube, rust proofing, undercoating, emissions testing) 282 81121 Electronic and Precision Equipment Repair and Maintenance (includes ink jet cartridges (cleaning and refilling), TV repair) 81141 Home and Garden Equipment and Appliance Repair & Maintenance (e.g. small engine repair) 81142 Reupholstery and Furniture Repair 81143 Footwear and Leather Goods Repair (e.g. shoe repair) 282 81149 Other Personal and Household Goods Repair and Maintenance (includes key cutting, china firing/decorating, jewellery repair, sharpening of knives, skate sharpening, watch repair etc.) 290 Personal Care Services 81211 Hair care and Esthetic Services (includes barber, beauty, hair salons) 81219 Other Personal Care services (includes day spa, diet centres, hair removal, massage parlours, tanning salons, tattoo parlours, weight reduction centres) 81231 Coin-operated Laundries and dry cleaners (self service) 81232 Dry Cleaning and Laundry services (except coin operated) 81233 Linen and Uniform Supply (includes work clothing supply services - industrial) 81291 Pet Care (except veterinary) 81292 Photofinishing Services 81299 All other Personal Services (e.g. fortune tellers, dating services, psychic services, shoeshine) 295 Civic and Social Organizations 81341 Civic and Social Organizations (includes clubs) 81391 Business Associations (includes board of trade, real estate boards etc.) Transportation 296 49111 Postal Service (post office) 300 VACANT 9999 VACANT RETAIL/SERVICE SPACE SERVICES (Continued) Page 81 of 226 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) | 55 Appendix B Food and Non-Food Retail Expenditure Analysis Page 82 of 226 56 | 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) Figure B-1: Income for Food and Non-Food Retail Expenditure Analysis SOURCE: urbanMetrics inc; Statistics Canada, Census of Population, 2016. Figure B-2: Province of Ontario Income/Expenditure Regression Equations, 2012 SOURCE: Statistics Canada, Survey of Household Spending. Income Income Index to Province FSR Index 2018 FSR Per Capita NFSR Index 2018 NFSR Per Capita Tillsonburg 32,504$ 86.4 98.1 2,377$ 94.6 7,170$ Secondary Trade Area 26,503$ 70.5 95.9 2,324$ 88.2 6,685$ Ontario 37,614$ 100.0 2,423$ 7,579$ (x)(y1)(y2)(y3) (n) Average Per Capita Income of Income Quintile Income FSR NFSR Restaurant 1 $11,445 35.4 100.0 74.4 85.2 2 $18,010 55.6 85.3 79.1 75.0 3 $25,108 77.6 99.0 93.7 91.3 4 $31,130 96.2 96.9 97.2 100.6 5 $56,210 173.7 112.7 128.6 127.3 All Classes $32,363 100.0 100.0 100.0 100.0 REGRESSION EQUATIONS: FSR y1 = 0.14 (x) + 86 NFSR y2 = 0.40 (x) + 60 Restaurant y3 = 0.35 (x) + 65 where x = income index (independent variable) and y = expenditure index for selected category (dependent variable) Page 83 of 226 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) | 57 Figure B-3: Ontario - Retail Trade, Per Capita, 2018 SOURCE: Statistics Canada, Survey of Household Spending. Expenditure (Annual $) Expenditure (%) 1 FSR: Food Store Retail 2,423$ 24% 2 Supermarkets and Grocery Stores 1,998$ 20% 3 Convenience and Specialty Food Stores 425$ 4% 4 NFSR: Non-Food Store Retail 7,579$ 76% 5 Health and Personal Care Stores 1,267$ 13% 6 Clothing and Accessories Stores 1,005$ 10% 7 Furniture, Home Furnishings and Electronics Stores 1,010$ 10% 8 Building and Outdoor Home Supply Stores 920$ 9% 9 Department Stores 899$ 9% 10 Other General Merchandise Stores 899$ 0% 11 Total General Merchandise Stores (9, 10)1,799$ 18% 12 Miscellaneous Retailers 678$ 7% 13 Tires/Batteries/Automotive Accessories -$ 0% 14 Food Services and Drinking Places -$ 0% 15 Beer, Wine and Liquor Stores 646$ 0% 16 GAFO (6,7,9,(10),11,12, (13))5,392$ 0% Select NFSR* (Excludes 95% of General Merchandise)4,971$ 50% Total 10,003$ 100% Category Page 84 of 226 58 | 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) Figure B-4: Food Store Retail and Non-Food Store Retail Trade Expenditure 2018 Dollars 2018 2021 2026 2031 Tillsonburg Per Capita Retail Expenditures (2 $ 9,547 $ 9,672 $ 9,882 $ 10,091 Population (3 16,660 17,380 18,280 19,240 TOTAL RETAIL EXPENDITURE POTENTIAL ($Millions)$ 159.1 $ 168.1 $ 180.6 $ 194.2 Food Store Retail (%) (4 24.2%24.2%24.2%24.2% Supermarket & Grocery (%)20.0%20.0%20.0%20.0% Other Specialty Food (%)4.2%4.2%4.2%4.2% Non Food Store Retail (%) (4 75.8%75.8%75.8%75.8% GAFO - Department Stores (%)9.0%9.0%9.0%9.0% GAFO - General Merchandise (%)18.0%18.0%18.0%18.0% GAFO - Apparel & Accessories (%)10.0%10.0%10.0%10.0% GAFO - Furniture, Home Furnishings & Electronics (%)10.1%10.1%10.1%10.1% GAFO - Other Miscellaneous Retail (%)6.8%6.8%6.8%6.8% Building and Outdoor Home Supply (%)9.2%9.2%9.2%9.2% Health and Personal Care (%)12.7%12.7%12.7%12.7% TOTAL 100.0%100.0%100.0%100.0% Food Store Retail ($Millions)$ 38.5 $ 40.7 $ 43.8 $ 47.1 Supermarket ($Millions)$ 31.8 $ 33.6 $ 36.1 $ 38.8 Other Food ($Millions)$ 6.8 $ 7.1 $ 7.7 $ 8.3 Non Food Store Retail ($Millions)$ 120.6 $ 127.4 $ 136.8 $ 147.1 GAFO - Department Stores ($Millions)$ 14.3 $ 15.1 $ 16.2 $ 17.5 GAFO - General Merchandise ($Millions)$ 28.6 $ 30.2 $ 32.5 $ 34.9 GAFO - Apparel & Accessories ($Millions)$ 16.0 $ 16.9 $ 18.1 $ 19.5 GAFO - Furniture, Home Furnishings & Electronics ($Millions)$ 16.1 $ 17.0 $ 18.2 $ 19.6 GAFO - Other Miscellaneous Retail ($Millions)$ 10.8 $ 11.4 $ 12.2 $ 13.2 Building and Outdoor Home Supply ($Millions)$ 14.6 $ 15.5 $ 16.6 $ 17.9 Health and Personal Care ($Millions)$ 20.2 $ 21.3 $ 22.9 $ 24.6 TOTAL ($Millions)$ 159.1 $ 168.1 $ 180.6 $ 194.2 Page 85 of 226 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) | 59 SOURCE: urbanMetrics inc. 1) Ontario retail trade expenditure adjusted by local income 2) Population growth based on 2019 Municipal Comprehensive Review Phase 1 Draft Report Secondary Trade Area Per Capita Retail Expenditures (2 $ 7,093 $ 7,196 $ 7,368 $ 7,540 Population (3 30,385 30,649 31,089 31,530 TOTAL RETAIL EXPENDITURE POTENTIAL ($Millions)$ 215.5 $ 220.5 $ 229.1 $ 237.7 Food Store Retail (%) (4 24.2%24.2%24.2%24.2% Supermarket ($Millions) (%)20.0%20.0%20.0%20.0% Other Food ($Millions) (%)4.2%4.2%4.2%4.2% Non Food Store Retail (%) (4 75.8%75.8%75.8%75.8% GAFO - Department Stores ($Millions) (%)9.0%9.0%9.0%9.0% GAFO - General Merchandise ($Millions) (%)18.0%18.0%18.0%18.0% GAFO - Apparel & Accessories ($Millions) (%)10.0%10.0%10.0%10.0% GAFO - Furniture, Home Furnishings & Electronics ($Millions) (%)10.1%10.1%10.1%10.1% GAFO - Other Miscellaneous Retail ($Millions) (%)6.8%6.8%6.8%6.8% Building and Outdoor Home Supply ($Millions) (%)9.2%9.2%9.2%9.2% Health and Personal Care ($Millions) (%)12.7%12.7%12.7%12.7% TOTAL 100.0%100.0%100.0%100.0% Food Store Retail ($Millions)$ 52.2 $ 53.4 $ 55.5 $ 57.6 Supermarket ($Millions)$ 43.1 $ 44.1 $ 45.8 $ 47.5 Other Food ($Millions)$ 9.2 $ 9.4 $ 9.7 $ 10.1 Non Food Store Retail ($Millions)$ 163.3 $ 167.1 $ 173.6 $ 180.1 GAFO - Department Stores ($Millions) ($Millions)$ 19.4 $ 19.8 $ 20.6 $ 21.4 GAFO - General Merchandise ($Millions) ($Millions)$ 38.8 $ 39.7 $ 41.2 $ 42.7 GAFO - Apparel & Accessories ($Millions) ($Millions)$ 21.7 $ 22.2 $ 23.0 $ 23.9 GAFO - Furniture, Home Furnishings & Electronics ($Millions) ($Millions)$ 21.8 $ 22.3 $ 23.1 $ 24.0 GAFO - Other Miscellaneous Retail ($Millions) ($Millions)$ 14.6 $ 15.0 $ 15.5 $ 16.1 Building and Outdoor Home Supply ($Millions) ($Millions)$ 19.8 $ 20.3 $ 21.1 $ 21.9 Health and Personal Care ($Millions) ($Millions)$ 27.3 $ 27.9 $ 29.0 $ 30.1 TOTAL ($Millions)$ 215.5 $ 220.5 $ 229.1 $ 237.7 Page 86 of 226 60 | 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) Figure B-5: Food Store Retail Analysis SOURCE: urbanMetrics inc. 1) Ontario retail trade expenditure adjusted by local income 2) Local capture rate based on professional experience 3) Inflow sales based on professional experience 4) Sales performance based on professional experience 2018 Dollars 2018 2021 2026 2031 Tillsonburg Food Store Retail (FSR) Expenditures ($Millions) (1 $ 38.5 $ 40.7 $ 43.8 $ 47.1 Estimated Primary Study Area Share (%) (2 95.0%95.0%95.0%95.0% Estimated Primary Study Area Share ($Millions)$ 36.6 $ 38.7 $ 41.6 $ 44.7 Residual Potential ($Millions)$ 2.1 $ 4.9 $ 8.1 Secondary Trade Area Food Store Retail (FSR) Expenditures ($Millions) (1 $ 52.2 $ 53.4 $ 55.5 $ 57.6 Estimated Primary Study Area Share (%) (2 65.0%65.0%65.0%65.0% Estimated Primary Study Area Share ($Millions)$ 33.9 $ 34.7 $ 36.1 $ 37.4 Residual Potential ($Millions)$ 0.8 $ 2.1 $ 3.5 Infow into Trade Area $ 17.6 Total Sales $ 88.2 Inventory (square feet)177,400 2018 Food Store Retail Performance ($ per square foot)497$ WARRANTED ADDITIONAL FOOD STORE RETAIL (FSR) SPACE IN PRIMARY STUDY AREA (including inflow) Additional Residual Potential Available from Residents $ 2.9 $ 7.1 $ 11.6 Plus Inflow Sales (3 20.0%20.0%20.0% Inflow Sales $ 0.7 $ 1.8 $ 2.9 TOTAL ADDITIONAL SALES POTENTIAL AVAILABLE IN PRIMARY STUDY AREA ($Millions)$ 3.6 $ 8.9 $ 14.5 Square Feet Warranted (excluding sales transfers from Primary Study Area Stores) (4 @$500 per square foot 7,100 17,700 28,900 @$550 per square foot 6,500 16,100 26,300 @$600 per square foot 6,000 14,800 24,100 Square Feet Page 87 of 226 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) | 61 Figure B-6: Non-Food Store Retail Trade Analysis SOURCE: urbanMetrics inc. 1) Ontario retail trade expenditure adjusted by local income 2) Local capture rate based on professional experience 3) Inflow sales based on professional experience 4) Sales performance based on professional experience 2018 Dollars 2018 2021 2026 2031 Tillsonburg Non-Food Store Retail (NFSR) Expenditures ($Millions) (1 $ 79.1 $ 83.5 $ 89.8 $ 96.5 Estimated Primary Study Area Share (%) (2 75.0%75.0%75.0%75.0% Estimated Primary Study Area Share ($Millions)$ 59.3 $ 62.7 $ 67.3 $ 72.4 Residual Potential ($Millions)$ 3.4 $ 8.0 $ 13.1 Secondary Trade Area Non-Food Store Retail (NFSR) Expenditures ($Millions) (1 $ 107.1 $ 109.6 $ 113.9 $ 118.1 Estimated Primary Study Area Share (%) (2 45.0%45.0%45.0%45.0% Estimated Primary Study Area Share ($Millions)$ 48.2 $ 49.3 $ 51.2 $ 53.2 Residual Potential ($Millions)$ 1.1 $ 3.0 $ 5.0 Infow into Trade Area $ 26.9 Total Sales $ 134.4 Inventory (square feet)508,400 2018 Food Store Retail Performance ($ per square foot)$ 264 WARRANTED ADDITIONAL NON-FOOD STORE RETAIL (NFSR) SPACE IN PRIMARY STUDY AREA (including inflow) Additional Residual Potential Available from Residents $ 4.5 $ 11.1 $ 18.0 Plus Inflow Sales (3 20.0%20.0%20.0% Inflow Sales $ 1.1 $ 2.8 $ 4.5 TOTAL ADDITIONAL SALES POTENTIAL AVAILABLE IN PRIMARY STUDY AREA ($Millions)$ 5.6 $ 13.8 $ 22.6 Square Feet Warranted (excluding sales transfers from Primary Study Area Stores) (4 @$300 per square foot 18,600 46,100 75,200 @$350 per square foot 16,000 39,500 64,500 @$400 per square foot 14,000 34,500 56,400 Square Feet Page 88 of 226 62 | 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) Appendix C Service Per Capita Analysis Page 89 of 226 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) | 63 Figure C-1: Service per Capita Analysis, 2021 SOURCE: urbanMetrics inc. Figure C-2: Service per Capita Analysis, 2026 SOURCE: urbanMetrics inc. Commercial Needs - Retail Category Typical Space Per Capita (Sq Ft) Total Space Required by Residents (Sq Ft)Target Capture Adjusted Space Per Capita (Sq Ft) Future Space Required by Residents (Sq Ft) Inflow* Total Warranted Space (Sq Ft) Tillsonburg 2021 Growth 1 :720 A B C D E F G Finance and Real Estate (Excluding Banks)1.0 720 80%0.8 600 55%1,300 Selected Business Services 0.5 360 80%0.4 300 55%700 Food Service & Drinking Places 3.5 2,520 80%2.8 2,000 55%4,400 Personal Care 2.0 1,440 90%1.8 1,300 45%2,400 Recreation, Education and Other 2.0 1,440 80%1.6 1,200 45%2,200 TOTAL 9.0 23,220 82%7.4 5,400 51%11,000 Commercial Needs - Retail Category Typical Space Per Capita (Sq Ft) Total Space Required by Residents (Sq Ft)Target Capture Adjusted Space Per Capita (Sq Ft) Future Space Required by Residents (Sq Ft)Inflow* Total Warranted Space (Sq Ft) Tillsonburg 2026 Growth 1 :1,620 A B C D E F G Finance and Real Estate (Excluding Banks)1.0 1,620 80%0.8 1,300 55%2,900 Selected Business Services 0.5 810 80%0.4 600 55%1,300 Food Service & Drinking Places 3.5 5,670 80%2.8 4,500 55%10,000 Personal Care 2.0 3,240 90%1.8 2,900 45%5,300 Recreation, Education and Other 2.0 3,240 80%1.6 2,600 45%4,700 TOTAL 9.0 23,220 82%7.4 11,900 51%24,200 Page 90 of 226 64 | 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) Figure C-3: Service per Capita Analysis, 2031 SOURCE: urbanMetrics inc. Commercial Needs - Retail Category Typical Space Per Capita (Sq Ft) Total Space Required by Residents (Sq Ft)Target Capture Adjusted Space Per Capita (Sq Ft) Future Space Required by Residents (Sq Ft)Inflow* Total Warranted Space (Sq Ft) Tillsonburg 2031 Growth 1 :2,580 A B C D E F G Finance and Real Estate (Excluding Banks)1.0 2,580 80%0.8 2,100 55%4,700 Selected Business Services 0.5 1,290 80%0.4 1,000 55%2,200 Food Service & Drinking Places 3.5 9,030 80%2.8 7,200 55%16,000 Personal Care 2.0 5,160 90%1.8 4,600 45%8,400 Recreation, Education and Other 2.0 5,160 80%1.6 4,100 45%7,500 TOTAL 9.0 23,220 82%7.4 19,000 51%38,800 SOURCE: urbanMetrics inc. NOTES: A Professional judgement from other communities E = D x Future Population B = A x Future Population F Professional Judgement C Professional judgement from other communities G = E / ( 1 - F ) D = A x C 1 Population estimate based on Hemson Consulting Ltd., Oxford County Phase 1 Comprehensive Review, 2019 *Inflow is from outside Tillsonburg, including the Secondary Trade Area Uses included in Each Category Finance and Real Estate (Excluding Banks) Selected Business Services Food Service and Drinking Places Personal Care Recreation, Education and Other Financial Advisors Travel Agents Restaurants Hair Care Arcades Insurance Agents Photo Studios Fast Food Nail Salons Fitness Centres Real Estate Agents Veterinarians Drinking Establishments Spas Bowling Centres Dry Cleaning Billiard Centres Laundry Child Play Centres Pet Care Private Education Diet Clinics (e.g. Kumon) Tanning Salons Athletic and Dance Tatoo Parlours Instruction Shoe Repair Language Schools Other Similar Services Driving Schools Rental Outlets Other Similar Page 91 of 226 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) | 65 Appendix D Norfolk Mall Official Plan Policies Page 92 of 226 66 | 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) 7.5.3.3 Norfolk North and Norfolk West Hamlet Areas Site Specific Policy Area Notwithstanding the policies of this Plan, on land designated Hamlet – Site Specific Policy Area 7.5.3.3 on Schedule “B” to this Plan, in the Hamlet Areas of Norfolk North and Norfolk West, new commercial development on sites other than the Norfolk Mall shall be limited to the following uses: i) automobile service stations; ii) restaurants; iii) motels, hotels; iv) vehicle sales and rental establishments; v) farm implement sales and services; vi) commercial greenhouse and tree and plant nurseries; vii) fruit and vegetable outlets; viii) convenience stores up to 280 square metres; ix) personal service shops; x) lumber yards; xi) places of entertainment; and xii) funeral homes. 7.10.3.8 Norfolk Mall Site Specific Policy Area Land designated Shopping Centre Commercial – Site Specific Policy Area 7.10.3.8 as delineated on Schedule “B” to this Plan, reflecting the Norfolk Mall located in the Hamlet of Norfolk North (Lot 14, Concession 3, N.T.R., in the former Township of Middleton), which is recognized as a unique circumstance. The mall is a Regional Scale retail facility, located in a hamlet, in close proximity to the Town of Tillsonburg that is serviced by Oxford County and serves a trade area encompassing the west part of Norfolk County, south part of Oxford County and east part of Elgin County. Notwithstanding Sections 7.10.1 and 7.10.2, the following shall be the policy of the County in relation to the Norfolk Mall Special Policy Area: a) A Shopping Mall shall be permitted on lands identified as Parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12, Plan 37R-9200, provided it does not exceed 23,780 square metres in gross floor area. Specifically, on the lands identified as 7.10.3.8 (a) on Schedule "B" to this Plan, a maximum of 11,165 square metres shall be occupied by a Department Store, of which not more than 3,020 Page 93 of 226 670/680 Broadway – Retail Market Study (Tillsonburg, Ontario) | 67 square metres can be used for food store sales . The site specific zoning for the subject lands shall place a Holding provision for the food store sales component of the Department Store until after January 1, 2016 and the removal of the Holding provision shall be subject to a satisfactory market assessment at that time at the expense of the proponent. A maximum of 2,335 square metres of commercial retail unit space and two restaurants with a maximum of 465 square metres each shall also be permitted. The floor area and type of use for the anchor tenants in the Shopping Mall shall be restricted through site specific Zoning on the site. b) Any change in use, or significant redevelopment or expansion, of either of the anchor tenants in the Shopping Mall hall require an amendment to this Plan and the Zoning for the subject lands. c) On the lands identified as 7.10.3.8 b) on Schedule “B” to this Plan, a supermarket not exceeding 9,300 square metres shall be permitted. Commercial retail unit uses as outlined in Section 7.10.3.8 f) are permitted to a maximum area of 50 square metres . Any change in use, or significant redevelopment or expansion, shall require an amendment to this Plan and the Zoning By-law for the subject lands. d) Prior to Council approval of any zone change to allow for such change in use, significant redevelopment or expansion, the landowners shall be required to prepare and submit ret ail market impact and planning studies to the satisfaction of Norfolk County Council, to ensure the proposed development will not undermine the planned function of surrounding central business districts, specifically including the Town of Tillsonburg. The Town of Tillsonburg shall be consulted in accordance with Section 6.9 (Norfolk/Tillsonburg Fringe Area). The cost of the preparation of the studies and associated peer review required shall be at the landowner’s expense. e) No change in use, redevelopment or expansion to the Shopping Mall or other uses may proceed unless it is in accordance with the agreement f between the landowners and the County of Oxford regarding the provision of municipal water and wastewater servicing to the subject lands. f) For the purposes of Section 7.10.3.8 and the Zoning By-law applicable to the subject lands, the term “Shopping Mall” shall mean any type of retail complex regardless of whether it is connected by an internal corridor or accessed by doors that have direct access to the outside. The permitted uses for the commercial retail units on the subject lands include retail establishments, restaurant, real estate office, service shop, funeral home, laundromat, hotel, motel, place of entertainment and recreation, automobile service station, commercial garage and other similar uses. g) Notwithstanding any other policy of Section 7.10.1 and 7.10.2, an Official Plan Amendment and/or Zone Change application for a proposed change in use, or significant redevelopment or expansion to the Shopping Mall or other use on the subject lands shall be evaluated in accordance with the policies of Sections 7.10.3.8, 7.10.2 a), b) and d), and Section 7.5.2 (Hamlet). Page 94 of 226 Page 1 of 17 Broadway TSB Inc. Official Plan and Zoning By-law Amendment Applications Proposed Service Commercial Development 670, 680 Broadway, Tillsonburg, Ontario PLANNING JUSTIFICATION REPORT Prepared by: Vladimir Rudenko, RPP Date Submitted: October, 2019 STROGAN Inc. 307 – 93 Lavinia Ave . Toronto, ON, M6S 3H9 Canada T: +1.416.358.6150 F: +1.416.604.4858 STROGAN INC. Page 95 of 226 Page 2 of 17 Legal Notification This report was prepared by Strogan Inc. for the account of Broadway TSB Inc. Any use which a third party makes of this report, or any reliance on or decisions to be made based on it, are the responsibility of such third parties. Strogan Inc. accepts no responsibility for damages, if any, suffered by any third party as a result of decisions made or actions based on this report. STRO GAN INC. Page 96 of 226 Page 3 of 17 1. INTRODUCTION Strogan Inc. has been retained by Broadway TSB Inc. to prepare a Planning Justification Report in support of the proposed redevelopment of the subject lands. The subject site (“the Site”) is located at 670, 680 Broadway Street, Tillsonburg, Ontario and is identified on Map1. The property is legally described as Part of Lot 7, Concession 10, Town of Tillsonburg, County of Oxford. The subject lands are currently zoned under the Town of Tillsonburg Zoning By-law No. 3295, as amended, as SC-Service Commercial. This Planning Justification Report is prepared based on requirements of the County of Oxford for approval of Official Plan and Zoning By-law Amendment applications, in accordance with the provisions of the Planning Act, R.S.O. 1990 . The main objective of the Report is to provide a Planning rationale settling out purpose of the applications. Map 1. The Subject Site 2. PROPOSAL It is proposed to construct two (2) 10,000 square foot multi-tenant Retail Buildings towards the northern and southern boundaries of the subject site at both sides of the existing Sobeys supermarket. The proposed two buildings will be well positioned to attract cross shopping with the supermarket and both have access to nearby on -site parking. In addition, the two new buildings will benefit from the existing two accesses onto and off the site and from the existing signalized intersection. The proposed two Retail Buildings on the subject Site are identified on Map 2. Three hundred and twenty-six (326) on-site parking spaces are proposed on the Site. The development will be serviced by existing municipal sewage and water services. Page 97 of 226 Page 4 of 17 Map 2. Conceptual Development Plan This Planning Justification Report is written in support of the proposed Official Plan and Zoning By-law Amendment Applications that have been filed with the County of Oxford to add site specific development policies to the Oxford County Official Plan and to rezone the subject lands from Service Commercial to a site-specific Service Commercial (SC-Exception aaa) to accommodate the proposed construction of two Retail Commercial buildings. The proposed multi-tenant Retail Buildings are not currently on the list of permitted uses on this site and the proposed Minimum Interior Yard setback of Building “A” is less than the minimum permitted by the SC Zone of the Zoning By-law No. 3295, as amended. Hence, a SC-Exception zone with special site-specific provisions has been proposed. A retail market study has been prepared by UrbanMetrics Inc. in regard to this proposed development. This retail market study has assessed the retail needs of the growing Tillsonburg population and the potential impact of the proposed uses on th e Tillsonburg commercial structure, particularly the downtown (Central Area) retail function. The study has addressed: • The suitability of the subject site for the proposed retail uses and how they may change the function of the subject site within the Tillsonburg commercial hierarchy; Page 98 of 226 Page 5 of 17 • The amount of space by retail category that would be warranted in Tillsonburg in the future; • The overall health of the downtown and its ability to compete with new retail developments; • Whether retail space on the subject site would impact the planned function of the downtown; • The amount of retail space that would be warranted on the subject site without impacting the downtown or threatening its viability; and, • Whether the proposed uses could be accommodated in the downtown. 3. THE SUBJECT LANDS IN THE CONTEXT OF ADJACENT LAND USES IN THE SURROUNDING AREA Location: The site consists of lands legally known as Part of Lot 7, Concession 10, Township of Tillsonburg, County of Oxford. The site is generally located on the east side of Broadway Street near the northern edge of the Tillsonburg urban area. The subject site currently contains a variety of retail uses, including a supermarket. It is located in an area that will accommodate a large share of future residential growth in the community. The subject site is part of a broader Service Commercial cluster along Broadway Street containing a variety of uses commonly found on automobile-oriented strips, including: small commercial plazas, fast food restaurants, freestanding retail uses and automotive uses. The main access to the site is provided off of Broadway Street, which runs north to south, to the west of the site. In addition, the gas station is also directly accessed by a right -in-right-out entrance further north of the main entrance. Official Plan Designation: The property is located within Service Commercial designation of the Oxford County Official Plan. Zone Categories: The Site is currently zoned Service Commercial (SC) under the Oxford County Zoning By-law No.3295. Present Use: Service Commercial Plaza, the current tenants of which include a Sobeys supermarket, Pioneer Energy gas station, Subway and Anytime Fitness gym. Adjacent Uses: The subject lands are surrounded by the following land uses: Page 99 of 226 Page 6 of 17 - To the north, a golf driving range designated Service Commercial, which will likely be developed in the future; - To the west, Broadway Street, beyond which is a vacant parcel of land designated for - Service Commercial uses. Further west are existing and proposed low density Residential subdivisions; - To the south, on Broadway Street, is a mix of single-family homes and single-use commercial buildings, including a car dealership, a carpet outlet and a furniture store; - To the east, existing low density Residential subdivision, beyond which are lands that are largely rural in character but are within the urban boundary and are designated for future residential development. Lot Area: The total site area is 33,605.62 sq.m (8.3 acres). Frontage: An average frontage of the Site is 134 metres. Page 100 of 226 Page 7 of 17 4.0 Planning Policy Analysis 4.1 PROVINCIAL POLICY STATEMENT (2014) The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development in Ontario. The PPS provides for appropriate development while protecting resources of provincial interest, public health and safety, and the quality of the natural and built environment. In accordance with section 3(5) of the Planning Act, decisions that affect a planning matter issued under the Act “shall be consistent with” policy statements issued under the Act. Provincial policy directs that the County, in consultation with Area Municipalities, shall identify, coordinate and allocate population, housing and employment projections for the Area Municipalities, identify areas where growth or development will be directed, and identify targets for intensification and re-development. The following PPS policies have been highlighted for consideration in review of the proposed development: • Policy 1.1.1(b) requires that an appropriate range and mix of residential, employment (including industrial and commercial), institutional, recreation, park and open space, and other uses be accommodated to meet long-term needs; • Policy 1.1.1(e) promotes cost-effective development patterns and standards to minimize land consumption and servicing costs; • Policy 1.1.3.1 requires that Settlement areas including urban areas and rural settlement areas shall be the focus of growth and development, and their vitality and regeneration shall be promoted. • Section 1.1.3.4 promotes development standards which facilitate intensification, redevelopment and compact form, while avoiding or mitigating risks to public health and safety. • Section 1.1.3.6 requires that new development taking place in designated growth areas should occur adjacent to the existing built-up area and shall have a compact form, mix of uses and densities that allow for the efficient use of land, infrastructure and public service facilities. Section 1.3 Employment Policy 1.3.1(c) promotes economic development and competitiveness by: b. providing opportunities for a diversified economic base, including maintaining a range and choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses; Page 101 of 226 Page 8 of 17 c. encouraging compact, mixed-use development that incorporates compatible employment uses to support liveable and resilient communities. Section 1.5 Public Spaces, Recreation, Parks, Trails and Open Space • Policy 1.5.1(d) requires that healthy, active communities should be promoted by recognizing provincial parks, conservation reserves, and other protected areas, and minimizing negative impacts on these areas. 4.1.1 ANALYSIS OF THE APPLICATIONS PURSUANT TO THE PPS The proposed development is consistent with the PPS with regard to promoting efficient development and land use patterns including a desirable range and mix of service commercial uses in the Town of Tillsonburg. In balance with the consideration for compact urban form and transit supportive densities, is the need for economic development and growth. In order to encourage further economic development, there is a need to provide a broader range of land uses to accommodate demands of all businesses and residents. This proposal will complement a community, which currently exists, is under construction or committed for development. The vacant lands within the boundary of the existing Service Commercial Plaza are being utilized with a commercial use, creating a more compact urban form within an existing built- up settlement area, consistent with the PPS. This enables a more efficient use of existing roads, which are already in place to service the existing community. This service commercial development represents a logical extension and infill of urban uses while having regard for the environmental considerations of the Site. The proposed development is consistent with the principles and intent of the PPS to increase the supply and mix of land uses and doing so within the existing built up area of the town, which is an efficient use of land and resources. The proposed Official Plan and Zoning By-law Amendment for the subject site will facilitate an intensification of the area, and make efficient use of available infrastructure and land. The proposed two Retail Commercial Buildings will appropriately augment the range and mix of services within the existing neighbourhood. The compact form of the development proposed will also encourage more active communities, and facilitate social and communal life. For these reasons the proposal is in conformity with the policies of th e PPS. 4.2 OXFORD COUNTY OFFICIAL PLAN The Oxford County Official Plan is the policy document that establishes the overall land use strategy for both the County and the eight area municipalities that comprise the County. The policies and land use schedules contained in the Official Plan establish locational and development review requirements for various land uses, set out how agricultural land and other natural features and cultural heritage resources are to be protected and provide direction on how environmental constraints are to be addressed. The Official Plan also helps to guide municipal decisions with respect to infrastructure, public services and other investments. Page 102 of 226 Page 9 of 17 Schedule “T-1”, Town of Tillsonburg Land Use Plan of the Oxford County Official Plan designates the subject property as Service Commercial. Map 3. The Subject Site on Schedule “T-1” Town of Tillsonburg Land Use Plan SITE Page 103 of 226 Page 10 of 17 Official Plan policies relevant to the proposed development state the following objectives of the Service Commercial designation: 8.3 Economic Development and Employment Lands 8.3.1 Strategic Approach Service Commercial Areas Maintain an adequate supply of land for Service Commercial needs through infilling and consolidation of existing areas and by designating additional land for this purpose. 8.3.3 Service Commercial Areas Service Commercial Areas provide locations for a broad range of commercial uses that, for the most part, are not suited to locations within the Central Area because of their site are a, access or exposure requirements or due to compatibility conflicts with residential development. Generally, service commercial uses cater to vehicular traffic and single purpose shopping trips where customers are typically generated from passing traffic or a wide-ranging market area. Service Commercial Areas, while providing for a limited amount of retail use, are not intended to accommodate retail activities that are typically characteristic of a Central Area location and will not directly compete with the Central Area. It is the intent of this Plan that major commercial activities should be located in the Central Area unless it can be justified that a location in the Central Area is not feasible by land area or building area restrictions. Given the potential proximity of Service Commercial areas to residential areas, this designation may also include uses which serve the day-to-day needs of adjacent residential neighbourhoods. The potential proximity of Service Commercial areas to residential areas and the need to minimize disruption to traffic flows on major roads necessitates close attention being given to site planning, the range of uses permitted and development form. Permitted Uses Identified for Service Commercial Zone Uses permitted within the Service Commercial designation include: hotels, motels, hotel/conference facility, automotive sales and services, furniture warehouses, farm implement sales, personal services, convenience commercial uses, video rental establishments, automobile service stations, gas bars, car wash facilities, retail sales of automobile supplies, automated teller machines or kiosks, tourism information outlets or kiosks, recreation and entertainment uses, restaurants and fast food outlets, retail food stores, uses which require large areas for on-site storage of goods or vehicles and other types of commercial uses that offer service to the travelling public, business and industry. Page 104 of 226 Page 11 of 17 8.3.3.1 Scale-Related Policies and Study Requirements Scale The scale of uses within the Service Commercial designation will generally range from 3,500 square feet (325 square metres) to 50,000 square feet (4,645 square metres). Uses of less than 3,500 square feet (325 square metres) will be encouraged to locate in the Central Area, where appropriate. 8.3.3.2 Service Commercial Areas — Zoning and Site Plan Control Location and Access Policy Service Commercial areas will generally be located with direct access or access via a service road to arterial and collector roads. Access point s to arterial or collector roads shall be limited to the minimum number necessary for the functioning of the Service Commercial area. Zoning for Site Area Frontage and Setbacks Adequate lot frontage and setback requirements will generally be applied th rough the Zoning By-law to provide for the development of sites large enough to accommodate free- standing buildings and on-site parking. These measures may require the assembly of a number of smaller properties to meet the Zoning By-law requirements. Site Planning Within the Service Commercial area, site plan control will be used to achieve a consistent approach to the positioning of buildings, parking and landscaped areas. Site plan control will also be used to ensure compatibility with adjacent residen tial uses and, where appropriate, to provide for pedestrian integration between the commercial and residential land uses. 8.3.3.3 Expansions and New Service Commercial Areas The lands designated for the various classes of Service Commercial land use as shown on Schedule T-1 are widely distributed and include vacant lands as well as areas that can accommodate infilling and redevelopment. It is a priority of Town Council and County Council that new development will generally occur through infilling and consolidation of existing designated areas prior to the establishment of or expansion into any new area. It is recognized, however, that as the availability of land within these areas is reduced there may be proposals to expand or add Service Commercial area s. Location and Access Policy Service Commercial areas will generally be located with direct access or access via a service road to arterial or collector roads. Access points to arterial or collector roads shall be limited to the minimum number necessary for the functioning of the Service Commercial area. Page 105 of 226 Page 12 of 17 Parcel Size Parcels proposed to be designated Service Commercial shall be of sufficient size to accommodate the proposed uses and provide for off -street parking in quantity necessary to satisfy the requirements of the Zoning By-law and satisfactory in location for the convenience of the user. Policy Intent Consistency with the policies of Section 8.3.3 relating to the description of and permitted uses within the Service Commercial area shall be maintained. Evaluation Criteria Proposals to amend the Official Plan and/or the Zoning By-law to expand or add a Service Commercial designation or to add permitted uses within a Service Commercial area will be evaluated on the basis of the following criteria: Compatibility The compatibility of the proposed use(s) or development with surrounding land uses. Planned Use The likely effect of the proposed development on the ability to implement planned land uses in the vicinity. Municipal Services The availability of utilities and sewer and water facilities to service the site. Traffic The potential effect of traffic from the proposed Service Commercial area on the public road system and on surrounding land uses. Retail Impact The potential effect of the proposed expansion or new Service Commercial area on the planned function of the Tillsonburg Central Area, in accordance with the policies of Section 8.3.2.2.1. Environment The effect of the proposed expansion on environmental resources as well as how such expansion may be affected by environmental constraint s will be addressed in accordance with the policies of Section 3.2, as appropriate. Page 106 of 226 Page 13 of 17 4.2.1 ANALYSIS OF THE APPLICATIONS PURSUANT TO THE OXFORD COUNTY OFFICIAL PLAN The proposed development is in conformity with the policies of the Official Plan for the following reasons: Location and Access Policy The site is well positioned, which makes it suitable for the type of expansion being proposed. These include proximity to new growth areas in the north end of Tillsonburg and to existing residential neighbourhoods; the existence of a supermarket on the site to attract day-to-day and weekly shopping; and a signalized intersection to facilitate ingress and egress to the site. Parcel Size The proposed infill development is located within the existing 8.3-acre parcel designated Service Commercial, which is of sufficient size to accommodate the proposed additional uses and, as demonstrated on the Development Plan, provide for off-street parking in quantity necessary to satisfy the requirements of the Zoning By-law and satisfactory in location for the convenience of the users. Scale The proposed development represents small-scale commercial use that is compatible with the character and scale of the surrounding land uses. The current uses on the subject site currently amount to approximately 46,200 square feet. With the addition of the two proposed buildings, the size of the development on the site would increase to 66,20 0 square feet. This proposed increase in size is less significant in terms of function than the specific uses that would be permitted on the site. Similarly, this increase in scale is much less significant in terms of impact on the Central Area than whether the market exists to support the uses that would be accommodated within the proposed new buildings. Policy Intent Potential Uses for the proposed retail expansion could include uses currently permitted on the site, as well as, a number of convenience-oriented retail uses that are not currently permitted by the Official Plan. Although an intention for the Service Commercial Area is for it to accommodate uses that are not appropriate for the Central Area, the Retail Market Study indicates that the downtown of Tillsonburg has limited available vacant land, especially land that can accommodate 20,000 square feet of retail. The last vacant parcel in a prime retail location downtown is currently being redeveloped. Compatibility The compatibility of the proposed development with surrounding land uses is based on the Page 107 of 226 Page 14 of 17 proximity of the site to new growth areas in the north end of Tillsonburg and to existing residential neighbourhoods; on the adjacency to the existing Sobeys supermarket to attract additional shopping; and on the location of the site within existing Service Commercial cluster along Broadway Street. The proposed development is infill and intensification in the urban area adjacent to the existing service commercial uses, and will be compatible with the character of the surrounding neighbourhood. Planned Use As the subject site is part of a broader Service Commercial cluster along Broadway Street containing a variety of uses commonly found on automobile -oriented strips, the proposed addition of two multi-tenant retail buildings would have a positive effect on the ability to implement planned land uses in the vicinity. Municipal Services The proposed two buildings will be connected to the existing utilities and sewer and water facilities that are available to service the site. Traffic The potential effect of traffic from the proposed Service Commercial area on the public road system and on surrounding land uses will be thoroughly analyses in a Traffic Impact Study required for the Site Plan Control stage of the p roject. However, it is noted that both buildings have access to the existing and proposed additional on-site parking. The proposal does not intent to modify the existing accesses onto and off the site. Retail Impact The proposed infill development is unlikely to result in any critical sales impacts on the Central Area, allowing for the existing and planned commercial structure in Tillsonburg to continue to operate as intended. Environment The proposed expansion would not have any negative effect on environmental resources as well as would not be affected by environmental constraints as the proposed buildings would be located and serviced within the exiting developed site with existing municipal services and off-street parking. The proposed uses of the multi-tenant Retail Buildings are not currently on the list of permitted uses on the subject site and, therefore, the site specific development policies should be applicable to this Service Commercial area. To provide additional protections for the downtown, the following site-specific conditions for this development have been formulated in the Retail Market Study: Page 108 of 226 Page 15 of 17 • Requiring that the project be developed in two phases; • Restricting the range of store types that could locate on the site; and, • Maintaining a restriction on unit sizes permitted in the project. Otherwise, based on the foregoing, the proposal is in conformity with the policies of the Official Plan. 5.6 Oxford County Zoning By-law No. 3295 The subject Site is currently zoned under the Oxford County Zoning By-law No. 3295, as amended, as SC – Service Commercial. The proposed Zoning By-law Amendment seeks to rezone the site from SC – Service Commercial to the site specific Service Commercial (SC-Exception aaa). The Table below illustrates the relevant requirements of Zone SC – Service Commercial, Zoning By-law No. 3295, as amended, and the proposed site attributes: SC Zone Standards Proposed Required Complies Land Uses Retail Store in addition to permitted uses Not Permitted No Lot Area 33,605.62 m No Requirement Yes Minimum Lot Frontage 134.04 m 35.0 m Yes Building “A” Minimum Front Yard Setback 70.70 m 12.0 m Yes Minimum Rear Yard Setback 100.98 m 10.0 m Yes Minimum Interior Side Yard (North) 4.57 m 6.0 m No Minimum Interior Side Yard (South) 112.68 m 6.0 m Yes Building “B” Minimum Front Yard Setback 70.70 m 12.0 m Yes Minimum Rear Yard Setback 40.63 m 10.0 m Yes Minimum Interior Side Yard (North) 139.46 m 6.0 m Yes Minimum Interior Side Yard (South) 15.04 m 6.0 m Yes Maximum Building Height Building “A” 9.82 m (Two-Storey) 13.0 m Yes Building “B” 9.82 m (Two-Storey) 13.0 m Yes Page 109 of 226 Page 16 of 17 Minimum Landscape Area Existing 15.0 % Yes Parking Spaces 326 Spaces Incl. Accessible Parking 214 Parking Spaces Yes Parking Stall Dimensions 2.7 x 6.0m 2.7 x 6.0m Yes Barrier-Free Parking Stall Dimensions Type A (3.4 x 6.0m) Type B (2.7 x 6.0m) Type A (3.4 x 6.0m) Type B (2.7 x 6.0m) Yes Barrier-Free Parking Spaces 13 Spaces 7 Spaces Yes Loading Area Spaces 2 Spaces 2 Spaces Yes Loading Area Dimensions 4.0 x 14.0m 4.0 x 14.0m Yes Multiple permitted Service Commercial uses would be appropriate for the proposed multi- tenant commercial buildings proposed on the subject site. However, it is also proposed to include a number of convenience-oriented retail uses that are not currently permitted by the Zoning By-law. These uses could include a number of small-scale retail and service uses that would enhance the day-to-day and weekly function of the site and would generate cross-visitation with the existing supermarket. The full list of such uses has been proposed in the Retail Market Study prepared for this development. 5.7 Conceptual Development Plan The proposed Conceptual Development Plan is described in Section 2, Proposal of this report. It is intended that the developer would enter into a Site Plan Agreement with the County of Oxford. The Agreement would ensure among other matters that the distinct Service Commercial characteristics of this proposed development would be implemented. Based on the foregoing and submitted Retail Market Study recommendations, it is concluded that the proposed development plan meets the specific policy criteria set out in the primary Oxford County Official Plan as well as Zoning By-law No. 3295, as amended. 6. Conclusion The subject site has a unique set of attributes within the Tillsonburg context that may support additional retail uses, such as those proposed. First, it is in close proximity to existing residential neighbourhoods and the growing residential community in north Tillsonburg. As a result, it would be well positioned to serve new growth within the municipality. Secondly, the site already contains a supermarket. The supermarket could support additional convenience/neighbourhood scale retail stores and services that would serve the existing and future neighbourhoods in its vicinity. The site also benefits from a signaled intersection, which provides easy access from both the south and the north. The proposed multi-tenant buildings would complement the function of the supermarket and provide an opportunity for existing and future resid ents to access their day-to-day retail needs at one location. The Retail Market Study has concluded that the proposed two 10,000 square foot buildings can be supported by population growth. This growth was projected by Hemson Consulting Page 110 of 226 Page 17 of 17 and incorporated into the 2019 Oxford County Phase 1 Municipal Comprehensive Review. The proposed Official Plan and Zoning By-law Amendments and associated Conceptual Development Plan are justified, and represent good planning for the following reasons: • The subject lands are located within a built-up area of an existing settlement and the development is proposed on existing municipal sewage and water services; • The proposed addition is compatible with the character of the surrounding area; • The proposed development is infill within an existing built up area; • The proposed development is an intensification of the existing Service Commercial site; • The proposal conforms to the Provincial Policy Statement and Oxford County Official Plan; • The new development will preserve the natural setting and aesthetic qualities of the area. • The proposed development will maintain controlled vehicular access and pedestrian link to the property. • It supports the economic vitality within the neighbourhood community area. In summary, the proposed Official Plan and Zoning By-law Amendments and Conceptual Development Plan are consistent with the Provincial Policy Statement and Oxford County Official Plan. The submitted Retail Market Study also demonstrates the viability of the proposal, and minimal impact to Tillsonburg Downtown Commercial uses. It is thus concluded that the proposal can be supported on its planning merits, that it represents good planning, and is in the public interest. Vladimir Rudenko, RPP Page 111 of 226 Page 112 of 226 Page 113 of 226 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 2020-0 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 Section 14.5 to By-Law Number 3295, as amended, is hereby further amended by deleting Subsection 14.5.4 and replacing it with the following: “14.5.4 LOCATION: EAST SIDE OF BROADWAY, NORTH OF NORTH STREET, SC-4 (KEY MAP 2) 14.5.4.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any SC-4 zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: all uses permitted in table 14.1; an accessory retail wine outlet, with an area not exceeding 37 m2 (400 ft2); an athletic and dance instruction studio; a dollar store; an electronics store; an eyewear or hearing device retail outlet; a financial advisor (excluding a bank or financial institution); a fitness club; a florist; an insurance broker office; a nutritional supplement store; a pharmacy; a photo or artist studio; a private school; a retail food store not exceeding 3,716 m2 (40,000 ft2) gross floor area; a retail pet food store; a real estate office; a speciality sporting goods retail outlet; a travel agent. 14.5.4.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any SC-4 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: Page 114 of 226 The Corporation of the Town of Tillsonburg By-law Number _______ 14.5.4.2.1 For the purpose of this subsection, a pharmacy shall mean a retail store which dispenses prescription drugs and sells non-prescription medicine, medical devices and supplies, health and beauty products and associated sundry products and may also sell other non-medical related products, such as, but not limited to books, magazines, toys and food. A pharmacy may include the dispensing of methadone where the dispensing of methadone is accessory and ancillary to the principle use. 14.5.4.2.2 For the purpose of this subsection, a dollar store shall mean a retail store that offers for sale a combination and variety of convenience shopping goods and consumer shopping goods; and continuously offer a majority of the items in their inventory for sale at a price generally less than $10.00 per item. 14.5.4.2.3 For the purpose of this subsection, an electronics store shall mean a retail store devoted to the sale of home/office electronics, computers, home appliances, audio-visual equipment, software and other accessories. 14.5.4.2.4 For the purpose of this subsection, a florist shall mean a retail store devoted to the sale of flowers, indoor plants and arrangements thereof. 14.5.4.2.5 NORTHERLY INTERIOR SIDE YARD WIDTH Minimum 4.5 m (14.76 ft) 14.5.4.2.6 MINIMUM GROSS FLOOR AREA FOR RETAIL USES Minimum 325 m2 (3498.3 ft2) 14.5.4.3 That all of the provisions of the SC Zone in Section 14.2 of this By- Law, as amended, shall apply and further, that all other provisions of this By-Law, as amended, that are consistent with the provisions herein shall continue to apply mutatis mutandis.” 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 14th day of September, 2020. READ a third time and finally passed this 14th day of September, 2020. Mayor Page 115 of 226 The Corporation of the Town of Tillsonburg By-law Number _______ Clerk Page 116 of 226 678 Broadway) Page 117 of 226 Page 118 of 226 Page 119 of 226 Page 120 of 226 Page 121 of 226 Page 122 of 226 Page 123 of 226 Page 124 of 226 Page 125 of 226 Report No: CP 2020-177 COMMUNITY PLANNING Council Date: July 27, 2020 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community Planning Applications for Official Plan Amendment & Zone Change OP 20-10-7 & ZN 7-20-07 – Hayhoe Rentals Limited REPORT HIGHLIGHTS  The intent of the Official Plan Amendment is to redesignate the subject lands from ‘High Density Residential’ to ‘Medium Density Residential’ to facilitate the development of 59 street row townhouses on an internal private street.  The application for Zone Change proposes to rezone the lands from ‘Low Density Residential Type 1 Zone (R1)’ to ‘Special Medium Density Residential Zone (RM-6)’ and ‘Passive Use Open Space Zone (OS1)’ to facilitate the proposed development and to provide site specific zoning provisions to permit the street fronting townhouses on a private street.  The proposal is consistent with the relevant policies of the Provincial Policy Statement and is in-keeping with the strategic initiatives and objectives of the County Official Plan and can be supported from a planning perspective. DISCUSSION Background OWNER: Hayhoe Rentals Limited 1 Barrie Boulevard, St. Thomas ON, N5P 4B9 AGENT: Zelinka Priamo Limited 318 Wellington Road, London ON, N6C 4P4 LOCATION: The subject lands are described as Lot 71, Plan 500, Part 1 of Reference Plan 41R-9918, in the Town of Tillsonburg. The lands are located on the south side of North Street East, between Falcon Road and Tillson Avenue and are municipally known as 101 North Street East. Page 126 of 226 Report No: CP 2020-177 COMMUNITY PLANNING Council Date: July 27, 2020 Page 2 of 9 COUNTY OF OXFORD OFFICIAL PLAN: Existing: Schedule ‘T-1’ Town of Tillsonburg Land Use Plan Open Space & Residential Schedule ‘T-2’ Town of Tillsonburg High Density Residential Residential Density Plan Proposed: Schedule ‘T-1’ Town of Tillsonburg Land Use Plan Open Space & Residential Schedule ‘T-2’ Town of Tillsonburg Medium Density Residential Residential Density Plan TOWN OF TILLSONBURG ZONING BY-LAW 3295: Existing Zoning: Low Density Residential Type 1 Zone (R1) Proposed Zoning: Special Medium Density Residential Zone (RM-6) & Passive Use Open Space Zone (OS1) PROPOSAL: Applications have been received by the County of Oxford and the Town of Tillsonburg for amendments to the Official Plan and Zoning By-law to redesignate and rezone the subject lands to facilitate the development of 59 street fronting townhouses in 11 townhouse blocks that are proposed to front on private streets. A Planning Justification Report, Noise and Vibration Feasibility Study, slope stability assessment and an Environmental Impact Study were also submitted in support of the applications. The subject lands have a total area of 2.6 ha (6.4 ac), and are currently vacant (a single detached dwelling present on the property was removed in 2019). The area proposed to be developed is approximately 1.86 ha (4.6 ac) and represents the area that is excluded from the ravine lands, top of stable slope and an allowance for maintenance of the stable slope, and environmentally sensitive areas. Surrounding uses include a mix of existing single detached dwellings fronting on the north side of North Street East, and planned single detached dwellings and townhouse dwellings to the west that are part of the Northcrest Estates subdivision development. The Trans Canada Trail is located to the south, and ravine lands, the CPR Railway, and Lisgar Creek are located to the east. Plate 1, Location Map with Existing Zoning, indicates the location of the subject site and the existing zoning in the immediate vicinity. Page 127 of 226 Report No: CP 2020-177 COMMUNITY PLANNING Council Date: July 27, 2020 Page 3 of 9 Plate 2, 2015 Aerial Map with Existing Zoning, provides an aerial view of the subject property and surrounding area. Plate 3, Applicant’s Proposed Site Plan, provides the layout of the proposed buildings, parking and access. Application Review PROVINCIAL POLICY STATEMENT The policies of Section 1.1 of the Provincial Policy Statement direct that sufficient land shall be made available to accommodate an appropriate range and mix of land uses to meet projected needs for the planning period. Within settlement areas, sufficient land shall be made available through intensification and redevelopment and, if necessary, designated growth areas. The policies of Section 1.1.3 state that settlement areas shall be the focus of growth and development, and their vitality and regeneration shall be promoted. Section 1.1.3.3 states 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. The policies of Section 1.1.3.6 state that new development taking place in designated growt h areas should occur adjacent to the existing built-up area and shall have a compact form, mix of uses and densities that allow for the efficient use of land, infrastructure and public service facilities. Further, Section 1.4.3 states that planning authorities shall provide for an appropriate range and mix of housing types and densities to meet projected requirements of current and future residents of the regional market area by:  Establishing and implementing minimum targets for the provision of housing which is affordable to low and moderate income households;  Permitting and facilitating all forms of housing required to meet the social, health and well- being requirements of current and future residents;  Directing the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are or will be available to support current and projected needs;  Promoting densities for new housing which efficiently use land, resources, infrastructure and public service facilities, and support the use of active transportation and transit in areas where it exists or is to be developed; and  Establishing development standards for residential intensification, redevelopment and new residential development which minimize the cost of housing and facilitate compact form, while maintaining appropriate levels of public health and safety. Section 2.1 of the PPS directs planning authorities to protect natural features and areas for the long term. Section 2.1.5 also states that development and site alteration shall not be permitted in significant wetlands. Furthermore, Section 2.1.8 does not permit development or site alteration on lands adjacent to the aforementioned features, unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. Page 128 of 226 Report No: CP 2020-177 COMMUNITY PLANNING Council Date: July 27, 2020 Page 4 of 9 OFFICIAL PLAN The subject lands are designated ‘High Density Residential’ and ‘Open Space’ according to the Town of Tillsonburg Land Use Plan, as contained in the County Official Plan. Open Space Areas include lands identified as being regulatory flood plan areas, public lands, pathways and linkages between natural heritage features. The eastern portion of the subject lands will remain in the Open Space designation, no change to the designation of this area is proposed. High Density Residential Areas are those lands primarily developed or planned for a limited range of intensive large-scale, multiple unit forms of residential development. Unless there are specific site or area characteristics which favour higher limits, net residential densities will normally not exceed 111 units per hectare (45 units per acre). Under no circumstance will development within a High Density Residential area be less than 63 units per hectare (26 units per acre) net residential density. The applicant is proposing to redesignate the ‘High Density Residential’ portion of the subject lands to ‘Medium Density Residential’. Medium Density Residential areas are those lands that are primarily developed or planned for low profile multiple unit development that exceed densities established in Low Density Residential Districts. Residential uses within Medium Density Residential areas include townhouses, cluster houses, converted dwellings, and apartment buildings. The maximum net residential density in the Medium Density Residential Districts is 62 units per hectare (25 units per acre) and no building shall exceed four storeys in height at street elevation. The policies further state that any further designation of lands for medium density use will be consistent with the following location criteria:  Sites which abut arterial or collector roads or sites situated in a manner which prevents traffic movements from the site from flowing through any adjoining Low Density Residential Districts;  Sites which are close to shopping, recreation, cultural and community facilities;  Sites which are adjacent to commercial areas, Community Facilities, or High or Medium Density Residential areas. In addition to the requirement for compliance to the locational policies, when considering proposals to designate lands for medium density residential development, Town Council and County Council will be guided by the following:  The size, configuration and topography of the site provides sufficient flexibility in site design to mitigate adverse effect on the amenities and character of any adjacent Low Density Residential area through adequate buffering and screening;  The location of vehicular access points and the likely effects of traffic generated by the proposal on the public road system and surrounding properties relative to pedestrian and vehicular safety is acceptable;  Adequate hard service capacity including water distribution, sanitary and storm sewers, power and gas distribution facilities is available or will be available to accommodate the proposed development;  Adequate off-street parking and outdoor amenity areas can be provided; Page 129 of 226 Report No: CP 2020-177 COMMUNITY PLANNING Council Date: July 27, 2020 Page 5 of 9  The availability of, and proximity to, existing or proposed services and amenities such as day care, schools, leisure facilities, shopping and parks to serve the new development;  The effect of the proposed development on environmental resources or the effect of environmental constraints on the proposed development will be address and mitigated as outlined in Section 3.2. All proposals for medium density residential development shall be subject to site plan control. When considering any specific proposal for medium density residential development, Town Council will be satisfied that the criteria of Section 8.2.5 are adequately addressed. ZONING BY-LAW The subject lands are currently zoned ‘Low Density Residential Type 1 Zone (R1)’, which permits a single detached dwelling and home occupation. The current zoning was reflective of the single detached dwelling that was present on the property until 2019. The applicant proposes to rezone the western portion of the subject lands to ‘Special Medium Density Residential Zone (RM-6)’ permit 59 street fronting townhouse units, with special provisions to permit the townhouses to front on a private street. Based on the applicant’s proposed site plan, the proposal appears to comply with the relevant provisions of the RM zone. The applicant proposes to rezone the western portion of the subject lands to ‘Passive Use Open Space Zone (OS1)’ to prevent development within the erosion hazards lands and to implement the recommended slope stability setback. AGENCY COMMENTS The applications were reviewed by a number of public agencies. The following comments were received. The Town of Tillsonburg Building Services Department and Town Engineering Services Department indicated that the project will be subject to site plan control. The Town Director of Recreation, Culture and Parks indicated that cash in lieu of parkland will be required at time of site plan approval. Oxford County Public Works Department provided the following comment: Over the last five years Oxford County has undertaken road and infrastructure improvements to the North Street corridor; including new road/water/sewer/pumping station/forcemain & drainage improvements. Property Owners / Developers located along North Street will be responsible to contribute to the cost of construction (fees) for the above noted infrastructure improvements and these fees will be collected during upcoming phase(s) of their development. These fees will be required to be paid at registration or prior to a building permit being issued. Page 130 of 226 Report No: CP 2020-177 COMMUNITY PLANNING Council Date: July 27, 2020 Page 6 of 9 The Long Point Region Conservation Authority indicated that the subject property contains an erosion hazard limit along the eastern side of the site that is defined as hazardous lands as per the Provincial Policy Statement 2020. The erosion hazard limit on this property is defined as an allowance for slope stability and an erosion/erosion access allowance (6 m). It appears from the drawings Proposed Zoning and Developable Lands, both CJDL April 14 2020 that the application is proposing to rezone the erosion access allowance that meets the definition of Hazardous Lands to RM. It is recommended that lands meeting the definition of Hazardous Lands under the PPS 2020 remain OS1. The following documents are requested for review when available:  Functional servicing report and/or Stormwater Management Report providing details of the stormwater management design.  Details of the outlet  Lot grading plan.  Sediment and erosion control plan. The Town Development Commissioner indicated that they are supportive of the application to redesignate the property from High Density to Medium Density and to rezone from Low Density to Medium Density. As noted in section 8.2.2.1 of the Planning Justification Report, affordability has been a concern in the last few years and will likely be even more acute as the economy recovers from the impacts of the pandemic. Enabling townhouse style developments will lower the entry point for home buyers, particularly new home buyers, and enable access to housing. The medium density will support intensification goals. This property is located in North Tillsonburg, which will also attract buyers from outside of the community, thereby growing our community. The proposed development of medium density residential townhouses will assist in achieving an adequate distribution of affordable housing throughout the Town for low and moderate-income households. Although the final sale price of the units is unknown at this time, this form of development is typically more affordable than traditional single detached dwellings which is the predominant form of housing in the Town. PUBLIC CONSULTATION Notice of complete application was provided to surrounding neighbours on July 7, 2020, and notice of public meeting was issued on July 13, 2020, in accordance with the requirements of the Planning Act. At the time of writing this report, no comments have been received from surrounding property owners. Planning Analysis The applicant proposes to redesignate the subject lands to ‘Medium Density Residential’ to facilitate the development of 59 street fronting townhouse units. Additionally, the applicant is proposing site specific Medium Density zoning for the parcel to be developed for residential purposes to permit the street fronting townhouses to be developed on a private street. The erosion hazards, wooded areas, and implementation of the top of stable slope setback are proposed to be zoned Passive Use Open Space to restrict development in these areas. Page 131 of 226 Report No: CP 2020-177 COMMUNITY PLANNING Council Date: July 27, 2020 Page 7 of 9 It is the opinion of staff that the proposed amendments are consistent with the relevant policies of the PPS as the proposed development is compact, cost-effective, and an efficient land use pattern that minimizes land consumption and servicing costs. The proposed development also contributes to an overall mix of housing types to accommodate current and future residents of the regional market area and will provide an additional market-based housing option in the Town of Tillsonburg. The development will also retain the natural heritage features adjacent to the site and an Environmental Impact Study has been prepared to ensure there are no neg ative impacts on the natural features. The applicant proposes to re-designate the site from ‘High Density Residential’ to ‘Medium Density Residential’. With respect to the supply and demand for residential land, the Phase One Comprehensive Review completed by Hemson Consulting Limited (March 2020) indicates that over the 20 year planning period from 2019-2039 the Town of Tillsonburg is expected to have a potential surplus of 66 ha of vacant residential land, representing an estimated 1462 residential units. Given this, planning staff are satisfied that the proposed re-designation is appropriate and there is sufficient supply remaining for future demand for High Density residential development. Planning staff are of the opinion that the subject lands are suitable for medium density residential development as the lands front on North Street East, an arterial road that is capable of accommodating the expected additional traffic. The primary entrance of the development is proposed directly from North Street East, and there is a secondary access proposed to Livingston Drive through the Northcrest Estates residential plan of subdivision. As part of the North Str eet Environmental Assessment, a traffic impact study was completed which contemplated a higher number of residential units on the site than what it now proposed. As such, Oxford County Public Works staff did not require a traffic impact study. The site is located on the periphery of an area that is surrounded by planned low medium density residential development to the north and northeast, with lands to the west in Northcrest Estates being planned for a mix of street fronting townhouse units and single detached dwellings. Due to the mix of uses in the area, it is the opinion of staff that the proposed development is appropriate for the area with respect to the nature, character and scale of adjacent uses. It is the opinion of this office that the subject application is consistent with the policies for Medium Density Residential areas within the Town. The Medium Density Residential designation is intended to support low profile multiple unit development, including townhouses, converted dwellings and apartment buildings. The proposed street fronting townhouse development is considered to be a compatible form of development with the surrounding and planned development in the area as the proposed site plan appears to provide adequate setbacks from planned development to the west. Further to this, staff are satisfied that the proposed number of units is also consistent with the medium density designation requirements. The site can provide adequate off-street parking and is located in an area where services and amenities such as schools, leisure facilities, shopping and parks are within a reasonable distance. Adequate municipal services are available to the site through the development of the adjacent plan of subdivision and the work completed during the North Street Reconstruction project. For Council’s information, the applicant provided a Noise and Vibration Assessment, Slope Stability Assessment, and Environmental Impact Study in support of this proposal. The assessment findings indicated that for some properties adjacent to North Street East and the railway corridor, there is a requirement to provide indoor air conditioning and use brick construction on the exterior of the dwellings, otherwise no noise attenuation measures are Page 132 of 226 Report No: CP 2020-177 COMMUNITY PLANNING Council Date: July 27, 2020 Page 8 of 9 required. The Noise and Vibration Assessment recommends that standard warning clauses be included in future tenancy agreements to provide disclosure to future residents of the development. The proposed OS1 zoning will implement the recommendations of the Slope Stability Assessment and Environmental Impact Study to ensure that no development occurs within the top of stable slope setback and that no encroachment into the adjacent erosion hazard lands or wooded area occurs. With respect to the applicant’s request for site specific zoning to permit the street fronting townhouses to front on a private street, staff are of the opinion that it would be appropriate to include a zoning provision applying to the whole of the lands that ensures appropriate setbacks from lot lines and would allow for the future 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. All of the relevant zoning provisions with respect to setbacks, amenity space, landscape open space, lot coverage and parking are in compliance with the Town’s zoning provisions. The proposed residential development will be subject to the site plan approval process by the Town of Tillsonburg. Through this review process matters such as building location, lighting, parking, accessibility, grading, stormwater management, landscaping, privacy screening and garbage collection will be addressed to minimize impacts on planned surrounding residential uses. In light of the foregoing, Planning staff are satisfied that the proposal is consistent with the policies of the Provincial Policy Statement and is in-keeping with the strategic initiatives and objectives of the County Official Plan. As such, staff are satisfied that the applications can be given favourable consideration. RECOMMENDATIONS 1. That the Council of the Town of Tillsonburg support the application to amend the County Official Plan (File No. OP 20-10-7), submitted by Hayhoe Rentals Limited, for lands legally described as Lot 71, Plan 500, Part 1 of Reference Plan 41R-9918, in the Town of Tillsonburg, to redesignate the subject lands from ‘High Density Residential’ to ‘Medium Density Residential’, to facilitate the development of 59 street fronting townhouses on the said lands; and 2. That the Council of the Town of Tillsonburg approve in principle the zone change application (File No. ZN 7-20-07) submitted by Hayhoe Rentals Limited, for lands legally described as Lot 71, Plan 500, Part 1 of Reference Plan 41R-9918, in the Town of Tillsonburg, to rezone the lands from ‘Low Density Residential Type 1 Zone (R1)’ to ‘Special Medium Density Residential Zone (RM-6)’ and ‘Passive Use Open Space Zone (OS1)’ to facilitate the development of a 59 street fronting townhouse units on the subject lands. Page 133 of 226 Report No: CP 2020-177 COMMUNITY PLANNING Council Date: July 27, 2020 Page 9 of 9 SIGNATURES Authored by: Original signed by Eric Gilbert, RPP, MCIP Senior Planner Approved for Submission: Original signed by Gordon K. Hough, RPP Director Page 134 of 226 July 6, 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) Subject Property North Street East Trans Canada Trail CPR Railway Plate 1: Location Map with Existing Zoning File Nos. OP 20-10-7 & ZN 7-20-7 - Hayhoe Rentals Limited Lot 71, Plan 500, Part 1 of 41R-9918, Town of Tillsonburg- 101 North Street East, Tillsonburg Page 135 of 226 July 6, 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 2: 2015 Aerial Map with Existing Zoning File Nos. OP 20-10-7 & ZN 7-20-7 - Hayhoe Rentals Limited Lot 71, Plan 500, Part 1 of 41R-9918, Town of Tillsonburg- 101 North Street East, Tillsonburg North Street East Subject Property Trans Canada Trail CPR Railway Page 136 of 226 313230292827123456789101112131415 38 37 36 35 34 33 262524232221 COM M O N ARE A 16 17 18 19 20 39 40 41 42 43 44 4 5 4 6 4 7 4 8 4 9 5 0 5 1 5 2 5 3 5 4 5 559585756 7071727375767778798081828384858687888990919293949596 BLOCK 105BLOCK 108(0.3m RESERVE)74BLOCK 99TO P O F ST A B L E S L O P ETOP OFSTABLE SLOPETOP OF STABLE SLOPE T O W N O F T I L L S O N B U R G (2 3 . 8 2 m ) TR A N S C A N A D A T R A I L TR A N S C A N A D A T R A I L Cyril J. Demeyere LimitedP.O. Box 460, 261 BroadwayTillsonburg, Ontario. N4G 4H8Tel: 519-688-1000866-302-9886Fax: 519-842-3235cjdl@cjdleng.comNORTH STREETOXFORD COUNTY RAIL TRAIL(FORMER CANADA SOUTHERN RAILWAY)LIVINGSTON DRIVECOULTHARD STREETO N T A R I O S O U T H L A N D R A I L W A Y / C P R I:\ACAD Projects\2019\19026\01-Model\19026_Developable Lands.dwg, 15/04/2020 3:09:35 PM, CJDLPC22, 1:25.4 Plate 3: Applicant's Proposed Site Plan File Nos. OP 20-10-7 & ZN 7-20-7 - Hayhoe Rentals Limited Lot 71, Plan 500, Part 1 of 41R-9918, Town of Tillsonburg- 101 North Street East, Tillsonburg Page 137 of 226 PLANNING JUSTIFICATION REPORT 101 North Street East Tillsonburg ON PREPARED FOR HAYHOE RENTALS LTD. PREPARED BY April 2020 Page 138 of 226 Planning Justification Report April 2020 101 North Street East, Tillsonburg ON Zelinka Priamo Ltd. Page i TABLE OF CONTENTS Page No. 1.0 INTRODUCTION .................................................................................................. 1 1.1 Background .......................................................................................................... 1 1.2 DEscription Of Land Use ...................................................................................... 1 1.3 Surrounding Land Use .......................................................................................... 2 1.4 The Proposal ........................................................................................................ 2 2.0 PROPOSED APPLICATIONS .............................................................................. 4 3.0 PLANNING ANALYSIS ........................................................................................ 4 3.1 Provincial Policy Statement, 2020 ......................................................................... 5 3.2 County of Oxford Official Plan ............................................................................... 6 3.3 Zoning By-law 3295 ............................................................................................ 11 4.0 ADDITIONAL CONSIDERATIONS .................................................................... 13 5.0 COMPATIBILITY ................................................................................................ 14 6.0 SUMMARY & CONCLUSIONS .......................................................................... 14 Page 139 of 226 Planning Justification Report April 2020 101 North Street East, Tillsonburg ON Zelinka Priamo Ltd. Page 1 1.0 INTRODUCTION 1.1 BACKGROUND This Planning Justification Report (PJR) has been prepared in support of Official Plan Amendment (OPA) and Zoning By-law Amendment (ZBA) applications by Hayhoe Rentals Ltd. (“HRL”) to permit the development of an 11 block, 59 unit private townhouse development at 101 North Street East, Tillsonburg ON (the “subject lands”). Pre-consultation discussions were held with County of Oxford staff to discuss the proposed application and submission requirements. A concept site plan (“site plan”) has been prepared and submitted in support of the applications, depicting the location of the proposed street townhouse dwellings, private roads, stable top of slope, dripline and general site characteristics. 1.2 DESCRIPTION OF LAND USE The subject lands are located on the south side of North Street East (County Road 20), between Falcon Road to the west and the Canadian Pacific Rail (CPR) line to the east. The lands are known municipally as 101 North Street East and legally as Part 1, Plan 41R-9918. The lands are irregularly shaped, have a frontage of approximately 194.2 m along North Street, a depth of approximately 186 m and an area of approximately 2.56 ha (Figure 1). FIGURE 1: SUBJECT LANDS The subject lands are used for agricultural purposes and are occupied by a single detached dwelling at the northwest corner of the property with driveway access to North Street East. The lands are relatively flat, with the eastern portion dropping down towards Page 140 of 226 Planning Justification Report April 2020 101 North Street East, Tillsonburg ON Zelinka Priamo Ltd. Page 2 the CPR line below. The stable top of slope has been identified in the Slope Stability Assessment, submitted in support of the applications. Trees exist along the west and south perimeter of the site and along the eastern edge through the stable top of slope. The dripline has been surveyed and identified on the concept site plan. The subject lands are adjacent to a former Canada Southern Railway (CSR) line to the south, now occupied by an Oxford County rail trail. 1.3 SURROUNDING LAND USE The subject lands are situated in the north-east section of the Town of Tillsonburg and surrounded by undeveloped lands to the north and east. Further east of the CPR rail corridor and Open Space lands are residential, service commercial and industrial uses centered on the intersection of North Street and Tillson Avenue. North of the subject lands are undeveloped lands, planned for future residential uses. The lands to the west are within an approved Draft Plan of Subdivision (known as Northcrest Estates), containing single detached and townhouse lots. South of the subject lands are lands designated Low Density Residential Area and Open Space. The Tillsonburg Community Centre and Downtown Tillsonburg are approximately 750 m and 1,700 m to the south respectively (Figure 2). FIGURE 2: SURROUNDING LAND USE 1.4 THE PROPOSAL HRL is proposing to develop an 11 block, 59 unit private townhouse development as depicted on the concept site plan (Figure 3). Vehicular access is provided off North Street East and Livingston Avenue to the north and west respectively, via a private 7.5 m internal road. Livingston Avenue connects to North Street East via Coulthard Street, just to the west of the subject lands. The internal road traverses the subject lands in a single loop providing a “window street” condition along portions of North Street East. Page 141 of 226 Planning Justification Report April 2020 101 North Street East, Tillsonburg ON Zelinka Priamo Ltd. Page 3 Townhouse units are proposed along the outer and inner sections of the internal road loop where they can be accommodated based on site topography and general boundary conditions. 16 street townhouse units are proposed to back onto the western lot line, adjacent to lands approved for development. The adjacent lands include townhouse and single detached lots, which are compatible with the proposed development from a land use and built form perspective. A 6 m setback is proposed from the Open Space lands to the east, the boundary being defined as the stable top of slope. This setback was recommended in the Slope Stability Assessment; the details of which are provided in Figure 4. Seventeen (17) visitor parking spaces are proposed in two locations internal to the site, together with a common outdoor amenity area. Minor storm water flows are proposed to drain westerly through the adjacent Draft Plan of Subdivision to the Northcrest storm water management pond, with major flows proposed to drain to the south discharging near the southern property line. The proposed development will be privately owned and implemented via a future Site Plan application. All internal roads and infrastructure will be privately owned with no Town maintenance obligations. Future trail connection opportunities exist to the Oxford County rail trail to the south, the details of which can be confirmed at the Site Plan approval stage. FIGURE 3: CONCEPT SITE PLAN Page 142 of 226 Planning Justification Report April 2020 101 North Street East, Tillsonburg ON Zelinka Priamo Ltd. Page 4 FIGURE 4: OS1 SETBACK 2.0 PROPOSED APPLICATIONS An OPA to re-designate the portion of the subject lands designated High Density Residential to Medium Density Residential on County of Oxford OP Schedule T2 - Town of Tillsonburg Residential Density Plan is proposed to implement the proposed development. No site-specific policies are proposed or required. As demonstrated further below in this report, the proposed development conforms to the Medium Density Residential Area land use policies in the OP. A ZBA to re-zone the subject lands from Low Density Residential Type 1 (R1) to Medium Density Residential Special Provision (RM(X)) and Passive Use Open Space (OS1) is proposed. There are no zone categories in Zoning By-law 3295 which have been specifically crafted to apply to private townhouse sites. As such, the proposed RM(X) zone will apply solely to the subject lands and provide appropriate land use controls to permit the proposed development as depicted on the concept site plan. The details of the proposed RM(X) zone are attached as Appendix A – Proposed RM(X) Zone. 3.0 PLANNING ANALYSIS The following sections of the PJR demonstrate that the application is consistent with the Provincial Policy Statement (PPS) and conforms to the Oxford County Official Plan (OP). The application represents good planning and is in the public interest. Page 143 of 226 Planning Justification Report April 2020 101 North Street East, Tillsonburg ON Zelinka Priamo Ltd. Page 5 3.1 PROVINCIAL POLICY STATEMENT, 2020 The Provincial Policy Statement (PPS) is issued under Section 3 of the Planning Act and “provides policy direction on matters of provincial interest related to land use planning and development”. The Province released the 2020 PPS in February 2020, which will come into effect on May 1, 2020. In accordance with section 3 of the Planning Act, all decisions affecting land use planning matters made after May 1, 2020, shall be consistent with the PPS, 2020. As such, the OPA and ZBA applications have been reviewed against the PPS, 2020 as the decision on this matter will most likely come after May 1, 2020. The proposed development is consistent with the PPS, including the following applicable policies:  The proposed applications are to permit a medium density residential townhouse development, which is a compact, cost effective, and an efficient land use pattern that minimizes land consumption and servicing costs (Policy 1.1.1 a) and 1.1.1 e)).  The proposed development provides a mix of residential types and affordable market-based housing options to the Town of Tillsonburg (Policy 1.1.1 b)).  The proposed development avoids land use patterns which may cause environmental safety concerns as the lands are sufficiently setback from the stable top of slope to the east (Policy 1.1.1 c)).  The nature and location of the proposed development minimizes land consumption and servicing costs (Policy 1.1.1 e)). The lands to the west have been approved for residential development and appropriate services will be extended to service the subject lands as envisioned in the County OP.  The proposed medium density townhouses units will help the Town and County accommodate an appropriate range and mix of land uses to meet projected needs for a time horizon of up to 25 years (Policy 1.1.2).  The subject lands are located within the Town of Tillsonburg, which is identified as an existing settlement area where growth and development is to be focused (Policy 1.1.3.1).  The proposed development is an efficient use of infrastructure and avoids the need for unjustified and uneconomical infrastructure expansion (Policy 1.1.3.2.a), b). The lands are designated Residential and services will be expanded from the approved lands to the west as required to accommodate future population growth as per the policies of the County OP.  The proposed development is adjacent to existing approved development and has a compact form and provides for a mix of uses and densities (Policy 1.1.3.6).  The proposed development assists the County and Town on providing for an appropriate range and mix of housing options and densities required to meet projected requirements of current and future residents through suitably zoned lands (Policy 1.4.1).  The proposed medium density residential development has densities which efficiently use land, resources, infrastructure and public service facilities (Policy 1.4.3 d)).  The applications propose appropriate development standards for new residential development which minimize the cost of housing and facilitate a compact built Page 144 of 226 Planning Justification Report April 2020 101 North Street East, Tillsonburg ON Zelinka Priamo Ltd. Page 6 form, while maintaining appropriate levels of public health and safety (Policy 1.4.3 e)).  The proposed development is on full municipal sewage services and municipal water services (Policy 1.6.6.2).  The natural features adjacent to the proposed development will be maintained (Policy 2.2.1).  An Environmental Impact Statement (EIS) is being completed which will evaluate the natural heritage features on and adjacent to the subject lands. If the EIS demonstrates there are no negative impacts on the natural features or on their ecological functions, the proposed development is consistent with Policy 2.1.8.  The proposed development will have appropriate Ministry of Tourism, Culture and Sport (MTCS) sign off with respect to the completion of Stage I & II Archeological Reports (Policy 2.6.2). Based on the above, the proposed development is consistent with the applicable policies of the PPS. 3.2 COUNTY OF OXFORD OFFICIAL PLAN The subject lands are designated Residential and Open Space on Schedule T1 - Town of Tillsonburg Land Use Plan and High Density Residential on Schedule T2 - Town of Tillsonburg Residential Density Plan of the County of Oxford OP (Figure 5). An OPA to re-designate the portion of the subject lands designated High Density Residential to Medium Density Residential on Schedule T2 is proposed to implement the proposed development. North Street East is identified as an Arterial Road on Schedule T4 – Town of Tillsonburg Transportation Network Plan. The subject lands are adjacent to lands to the east identified as Significant Valleylands on Schedule C1 – County of Oxford Environmental Features Plan and Erosion Hazard on Schedule C2 – County of Oxford Development Constraints Plan. Furthermore, these lands are also designated Open Space on Schedule T1. Page 145 of 226 Planning Justification Report April 2020 101 North Street East, Tillsonburg ON Zelinka Priamo Ltd. Page 7 FIGURE 5: COUNTY OP SCHEDULE T2 (TILLSONBURG RESIDENTIAL DENSITY PLAN) The proposed development conforms to the Oxford County OP, including the following applicable policies: Section 3.2.3.3 Natural Heritage Implementation Measures The proposed development is adjacent to lands identified as Significant Valleylands on Schedule C1, Erosion Hazard on Schedule C2 and Open Space of Schedule T1. These lands are considered Environmental Protection Area and Open Space under the policies of the OP. An EIS is required in support of development adjacent to such lands in accordance with Section 3.2.6 of the OP. An EIS is being prepared in support of the proposed applications and will be submitted through the OPA and ZBA application process after the completion of required spring surveys. The boundary of the Open Space and Residential lands has been defined as the stable top of slope. Appropriate land use controls are proposed based off this boundary. Section 3.2.4 Environmental Protection Area Notwithstanding conclusions of the EIS to the contrary, the proposed development is compatible with the adjacent Environmental Protection Area lands. The proposed development is sufficiently setback from the stable top of slope and natural heritage features as identified in the Slope Stability Assessment to ensure ecological function is maintained. Page 146 of 226 Planning Justification Report April 2020 101 North Street East, Tillsonburg ON Zelinka Priamo Ltd. Page 8 3.2.4.1.1 Permitted Uses Within and Adjacent to Environmental Protection Areas The proposed development is consistent with the permitted uses of the proposed underlying Medium Density Residential Area land use designation. Subject to the completion of an EIS in accordance with Section 3.2.6, the proposed development is permitted adjacent to Environmental Protection Areas. 3.2.4.2.4 Significant Valleylands The OP provides that development may be permitted on lands adjacent to Significant Valleylands where an EIS demonstrates that the proposal will not cause a negative impact and where the policies of Sections 3.2.8.1 and 3.2.8.2 are satisfied. As noted above, an EIS is being prepared in support of the proposed applications and will be submitted later this year after the completion of required spring surveys. Notwithstanding the conclusions to the contrary, the proposed development will address the requirements of Section 3.2.4.2.4 of the OP and is permitted. Section 3.2.6 Environmental Impact Studies Section 3.2.6 of the OP describes the specific requirements for the completion of EIS’s in support of development adjacent to Environmental Protection Areas and Open Space. The EIS will be submitted through the application process and will address the requirements of Section 3.2.6 in detail as required. Section 5.2.1.1 Development Adjacent to County Roads The subject lands are adjacent to North Street East, a County Road. The proposed development has only a single vehicular access point to North Street East and appropriate provision for road widening dedication has been provided. No direct driveway access is proposed to North Street East. Section 8.2.2.1 Affordability The proposed development of medium density residential townhouses will assist in achieving an adequate distribution of affordable housing throughout the Town for low- and moderate-income households. Although the final sale price of the units is unknown at this time, this form of development is typically more affordable than traditional single detached dwellings which is the predominant form of housing in the Town. Section 8.2.2.5 Residential Intensification and Redevelopment The proposed development will not negatively impact the Town’s ability to achieve the residential intensification target of 15%. The proposed applications are seeking a reduction in densities from the existing High Density Residential Page 147 of 226 Planning Justification Report April 2020 101 North Street East, Tillsonburg ON Zelinka Priamo Ltd. Page 9 Area designation and are not at a scale that will materially impact existing zoned and designated lands within the built up area for redevelopment and intensification. Furthermore, Oxford County Phase One Comprehensive Review Final Report prepared by Hemson (the “Comprehensive Review”) concluded the following with respect to the residential intensification target: The residential land need assessment indicates that the County is meeting the intensification target in the County Official Plan and that growth will continue to be accommodated through intensification, both through development within built-up areas and through a forecasted shift to moderately higher density residential forms over the planning period. Further, it was concluded that the residential intensification targets and density requirements set out in the County Official Plan are reasonable and appropriate. Section 8.2.5 Medium Density Residential Areas The proposed development has a density of 31.7 units per hectare (UPH) as measured from the development setback to the stable top of slope, which is within the range of the Medium Density Residential Area designation of 31 – 62 UPH. The methodology for calculating density has been discussed and agreed to with County staff prior to preparing the OPA application. In terms of addressing the location criteria for further designating Medium Density Residential Areas, we note: Sites which abut arterial or collector roads or which are situated such that movements from the site do not flow through any adjoining Low Density Residential area The proposed development fronts onto and has a direct connection to North Street East, which is identified as an Arterial Road. Although the proposed development has a road connection to the west through an adjoining Low Density Residential Area, the majority of the traffic will enter and exit the site at North Street East. Furthermore, the proposed density is at the very low end of the Medium Density Residential Range and is compatible and comparable with the Low Density Residential Area lands to the west. Sites which are close to shopping, recreation, cultural and community facilities The subject lands are located along an Arterial Road, close to the facilities and land uses noted above. The lands are currently designated High Density Residential Area and a Medium Density Residential Area land use is equally appropriate in terms of location to amenities. Page 148 of 226 Planning Justification Report April 2020 101 North Street East, Tillsonburg ON Zelinka Priamo Ltd. Page 10 Sites which are adjacent to commercial areas, Community Facilities or High or Medium Density Residential areas. North of the subject lands across North Street East are lands designated Medium Density Residential Area. The proposed OPA application to designate the subject lands Medium Density Residential Area meets the location criteria of Section 8.2.5. Furthermore, Section 8.2.5 provides site specific evaluation criteria for addressing lands proposed for Medium Density Residential Areas. The following table addresses how the proposed development addresses such criteria: Policy Proposed Application the size, configuration and topography of the site is such that there is sufficient flexibility in site design to mitigate adverse effects on the amenities and character of any adjacent Low Density Residential area through adequate buffering and screening The subject lands are sufficiently sized to accommodate the proposed development in a manner which minimizes negative impact on the adjacent Low Density Residential Area. The proposed built form, land use and density are comparable and compatible with the adjacent lands. the location of vehicular access points and the likely effects of traffic generated by the proposal on Town streets has been assessed and is acceptable The proposed vehicular access points provide connections to North Street East, an Arterial Road. adequate hard service capacity including water distribution, sanitary and storm sewers, power and gas distribution facilities is or will be available to accommodate the proposed development; The proposed development will be serviced through the extension of adjacent services to the west. off-street parking and outdoor amenity areas can be provided; Sufficient off-street parking (garage + driveway and outdoor amenity areas are provided for each residential unit. Seventeen (17) off-street visitor parking spaces are proposed. the effect of the proposed development on environmental resources or the effect of environmental constraints on the proposed development will be addresses and mitigated as outlined in Section 3.2 An EIS is being prepared in support of the proposed applications. Notwithstanding conclusions to the contrary, the proposed development is adequately setback from the natural features to the east. Page 149 of 226 Planning Justification Report April 2020 101 North Street East, Tillsonburg ON Zelinka Priamo Ltd. Page 11 The Oxford County Phase One Comprehensive Review prepared by Hemson Consulting conducted population, household and employment forecasts, and a land need analysis, for the County for the 2019-2039 time period. The Comprehensive Review concluded that the Town of Tillsonburg has 96 net ha of vacant developable residential lands with an estimated unit potential of 2,109 to the year 2039. Adding undeveloped units within approved Draft Plans of Subdivision, there is a total estimated unit potential of 3,112. The Town of Tillsonburg has a projected residential growth need of 1,650 units over this time period, resulting in an oversupply of 1,462 units or 66 net ha based on a density assumption of 22 units / net hectare. Given the conclusions noted in the Comprehensive Review, there are no material negative implications from the proposed OPA to reduce the density on the subject lands from a land needs perspective. The Town of Tillsonburg has an oversupply of 66 net ha of residential land for the 2019-2039 time period. The proposed development will continue to provide necessary intensification and a desired built form and mix of uses as required by the PPS and County OP, however will be more compatible with the adjacent Low Density Residential Area lands to the west than the current High Density Residential Area desig nation. The proposed development conforms to the policies of the County of Oxford OP. The application to reduce the density on the subject lands from High Density Residential Area to Medium Density Residential Area is appropriate given the context of the adjacent Low Density Residential Area lands and the Comprehensive Review conclusions for the Town of Tillsonburg. 3.3 ZONING BY-LAW 3295 The subject lands are zoned Low Density Residential Type 1 (R1) in Zoning By-law 3295 (Figure 6). A ZBA to re-zone the subject lands from Low Density Residential Type 1 (R1) to Medium Density Residential Special Provision (RM(X)) and Passive Use Open Space (OS1) is proposed, the boundary based on the surveyed stable top of slope (Figure 7). There are no zone categories in Zoning By-law 3295 which have been specifically crafted to apply to private townhouse sites. As such, the proposed RM(X) zone will apply solely to the subject lands and provide appropriate land use controls to permit the proposed development as depicted on the concept site plan. Table 1 provides the proposed RM(X) zone regulations against the concept site plan. The proposed RM(X) zone is attached as Appendix A – RM(X) Zone. Table 1: Zoning Regulations RM(X) Proposed Development Permitted Uses Street Townhouse Street Townhouse Lot Area, Min 2.0 Ha 2.04 Ha Lot Frontage (North Street), Min 160 m 169 m Number of Dwellings permitted per Lot, Max 65 59 Page 150 of 226 Planning Justification Report April 2020 101 North Street East, Tillsonburg ON Zelinka Priamo Ltd. Page 12 Number of Street Townhouse Dwellings per Block, Max 8 6 Front Yard Depth (North Street), Min 3 m 3 m Interior Side Yard Depth (Rear Yard Function), Min 6 m 7 m Interior Side Yard Depth (Side Yard Function), Min 2 m 2 m Setback to OS1 Zone, Min 6 m 6 m Lot Coverage, Max 40% 35% Landscape Open Space, Min 30% 35% Height, Max 16 m 16 m Distance between Townhouse Blocks, Min 2.5 m 2.5 m Parking, Min In accordance with Section 5 In accordance with Section 5 FIGURE 6: ZONING BY-LAW 3295 Page 151 of 226 Planning Justification Report April 2020 101 North Street East, Tillsonburg ON Zelinka Priamo Ltd. Page 13 FIGURE 7: PROPOSED ZBA 4.0 ADDITIONAL CONSIDERATIONS Environmental Impact Statement As noted above, an EIS is being prepared in support of the proposed applications and will be submitted later this year after the completion of required spring surveys. Notwithstanding the conclusions to the contrary, the proposed development will address the Natural and Cultural Resource Management Policies of the OP and follow the specific requirements of Section 3.2.6. The conclusions of this PJR with respect to Section 2.1 of the PPS and the Natural and Cultural Resource Management Policies of the OP are predicated on the final conclusions of the EIS. The EIS will be submitted later in the application process and any necessary changes to the proposed OPA and ZBA will be made accordingly. Slope Stability Assessment A Slope Stability Assessment (the “Assessment”) has been completed by EXP Services Inc. to determine development setback from the top of the slope for the subject lands. The Assessment recommended a development setback range from 6.0 to 6.8 m from the top of existing slope and an erosion hazard limit of 6.8 m from top of slope. The conclusions of the Assessment have provided the basis for the development setback included in the concept site plan. Page 152 of 226 Planning Justification Report April 2020 101 North Street East, Tillsonburg ON Zelinka Priamo Ltd. Page 14 Noise and Vibration Feasibility Analysis A Noise and Vibration Feasibility Analysis (the “Analysis”) was completed by HGC Engineering. The Analysis investigated noise sources from North Street East, and the Ontario Southlands Rail Inc. (OSL) Principal Branch Line, leased by CN Rail, that runs adjacent to the subject lands to the east. The Analysis concluded that forced air ventilation with ducts sized for future installation of air conditioning by the occupant is required for the dwellings with some exposure to the railway and/or North Street East. Furthermore, the Analysis concluded that brick exterior construction is required for dwellings with exposure to the railway. Warning clauses are recommended to inform future residents of the road and rail traffic noise. These requirements can be included as future Site Plan conditions of approval. Long Point Region Conservation Authority (LPRCA) The subject lands are within the regulated area of the Long Point Region Conservation Authority (LPRCA). As such, the OPA and ZBA applications will be circulated to the LPRCA and permits will be required to permit the proposed development. 5.0 COMPATIBILITY The proposed OPA and ZBA applications will permit the development of an 11 block, 59 unit private townhouse development. The surrounding land uses to the east and south are designated Open Space. Furthermore, to the west is an approved Draft Plan of Subdivision, consisting of single detached and townhouse lots. The proposed development is compatible with these lands from a land use and built form perspective. Immediately to the north of the subject lands across North Street East are agriculture lands and large lot single detached dwellings fronting onto North Street East. These lands are designated Low Density Residential and Medium Density Residential in the County of Oxford OP. The proposed Medium Density Residential land use for the subject lands is compatible with the existing land uses and consistent with the future planned residential land uses. The proposed development is appropriate considering adjacent land uses. 6.0 SUMMARY & CONCLUSIONS The proposed OPA and ZBA application to permit the development of an 11 block, 59 unit private townhouse development as depicted on the concept site plan is appropriate. The proposed development conforms to the Medium Density Residential Area policies of the OP and site-specific regulations proposed in the RM(X) zone. The proposed OPA and ZBA applications are consistent with the applicable policies of the PPS and conform to Natural Heritage and Town of Tillsonburg Land Use Policies of the County OP. The proposed reduction in density is appropriate given the surrounding land uses and will have no material negative implications on the Town of Tillsonburg meeting their population growth requirements as demonstrated in the Comprehensive Review. The OPA and ZBA application are consistent with the PPS and conforms to the Oxford County OP. The application represents good planning and is in the public interest. Page 153 of 226 Appendix A – Proposed RM(X) Zone  Lands zoned RM(X) shall be treated as a single parcel for the purpose of interpreting the applicable zoning provisions.  For the purpose of applying section 5.37.1 provisions of this By-law on lands zoned RM(X), permitted encroachments shall be interpreted to apply to the functional yards of the dwelling units as opposed to the yards of the parcel as defined. For greater clarity and as an example, if an interior side yard is functioning as the rear yard of a dwelling unit based on the internal site layout, the applicable section 5.37.1 provisions governing rear yards shall apply.  Notwithstanding any provisions of this By-Law to the contrary, the following zoning provisions apply to the lands zoned RM(X): Zoning Provisions RM(X) Permitted Uses Street Townhouse Lot Area, Min 2.0 Ha Lot Frontage (North Street), Min 160 m Number of Dwellings permitted per Lot, Max 65 Number of Street Townhouse Dwellings per Block, Max 8 Front Yard Depth (North Street), Min 3 m Interior Side Yard Depth (Rear Yard Function), Min 6 m Interior Side Yard Depth (Side Yard Function), Min 2 m Setback to OS1 Zone, Min 6 m Lot Coverage, Max 40% Landscape Open Space, Min 30% Height, Max 16 m Distance between Townhouse Blocks, Min 2.5 m Parking, Min In accordance with Section 5 Page 154 of 226 1.0 PURPOSE OF THE AMENDMENT The purpose of this amendment is to redesignate the subject lands from ‘High Density Residential’ to ‘Medium Density Residential’ to facilitate the development of 59 townhouse units. 2.0 LOCATION OF LANDS AFFECTED This amendment applies to lands described as Lot 71, Plan 500, Part 1 of Reference Plan 41R-9918, in the Town of Tillsonburg. The lands are located on the south side of North Street East, east of Falcon Road and west of Tillson Avenue and are municipally known as 101 North Street East. 3.0 BASIS FOR THE AMENDMENT The subject amendment has been initiated to redesignate the subject lands to ‘Medium Density Residential’ to facilitate the development of a private development consisting of 59 street fronting townhouse units. It is the opinion of Council that the proposed amendment is consistent with the relevant policies of the PPS as the proposed development is compact, cost-effective, and an efficient land use pattern that minimizes land consumption and servicing costs. The proposed development also contributes to an overall mix of housing types to accommodate current and future residents of the regional market area and will provide an additional market-based housing option in the Town of Tillsonburg. The development will also retain the natural heritage features adjacent to the site and an Environmental Impact Study has been prepared to ensure there are no negative impacts on the natural features. Council is of the opinion that the subject lands are suitable for medium density residential development as the lands are located on, and will have direct access to, an arterial road. As such, Council is satisfied that the proposed development will have little impact on local streets with respect to increased traffic and vehicle turning movements. The site is located on the periphery of an area that is surrounded by planned low medium density residential development to the north and northeast, with lands to the west being planned for a mix of street fronting townhouse units and single detached dwellings. Due to the mix of uses in the area, it is the opinion of Council that the proposed development is appropriate for the area with respect to the nature, character and scale of adjacent uses. Further, it is the opinion of Council that the subject application is consistent with the policies for Medium Density Residential areas within the Town. The Medium Density Residential designation is intended to support low profile multiple unit development, including townhouses, converted dwellings and apartment buildings. The proposed street fronting townhouse development is considered to be a compatible form of development with the surrounding and planned development in the area as the proposed site plan appears to provide adequate setbacks from planned development to the west. The proposed number of units is also consistent with the medium density designation requirements. Page 155 of 226 The site can provide adequate off-street parking and is located in an area where services and amenities such as schools, leisure facilities, shopping and parks are within a reasonable distance. Adequate municipal services are available to the site through the development of the adjacent plan of subdivision and the work completed during the North Street Reconstruction project. In light of the foregoing, Council is satisfied that the proposal is consistent with the policies of the Provincial Policy Statement and is in-keeping with the strategic initiatives and objectives of the County Official Plan. 4.0 DETAILS OF THE AMENDMENT 4.1 That Schedule “T-2” – Town of Tillsonburg Residential Density Plan, is hereby amended by designating those lands identified as “ITEM 1” on Schedule “A” attached hereto as “Medium Density Residential”. 5.0 IMPLEMENTATION This Official Plan Amendment shall be implemented in accordance with the implementation policies of the Official Plan. 6.0 INTERPRETATION This Official Plan Amendment shall be interpreted in accordance with the interpretation policies of the Official Plan. Page 156 of 226 E 000270963 OP 20-10-7 Apr. 21/20 Page 157 of 226 Page 158 of 226 Page 159 of 226 Page 160 of 226 Page 161 of 226 Page 162 of 226 E ZN 7-20-07 Apr. 21/20 000270963 Page 163 of 226 Page 164 of 226 Page 165 of 226 Page 166 of 226 • Performance Communities Inc. Slope Stability Assessment Project Name Proposed Residential Development Project Location 101 North Street Tillsonburg, ON Project Number LON-00016976-GE EXP Services Inc. 15701 Robin’s Hill Road London, ON, N5V 0A5 Canada Date Submitted: May 16, 2019 Updated June 28, 2019 Page 167 of 226 Client: Performance Communities Inc. Project Name: Proposed Residential Development – 101 North Street, Tillsonburg, ON Project Number: LON-00016976-GE EXP Services Inc. Page ii Earth and Environmental Division - Geotechnical Performance Communities Inc. Type of Document: Updated Slope Stability Assessment Project Name: Proposed Residential Development Project Location: 101 North Street Tillsonburg, ON Project Number: LON-00016976-GE Prepared By: EXP Services Inc. 15701 Robin’s Hill Road London, ON, N5V 0A5 Canada T: +519.963.3000 F: +519.963.1152 www.exp.com _______________________________________ Mark Bertens, B.A.Sc. Geotechnical Services _______________________________________ Idib Sadoun, M. Sc., P. Eng. Senior Engineer, Geotechnical Services Date Submitted: May 16, 2019 Updated June 28, 2019 Page 168 of 226 Client: Performance Communities Inc. Project Name: Proposed Residential Development – 101 North Street, Tillsonburg, ON Project Number: LON-00016976-GE EXP Services Inc. Page iii Earth and Environmental Division - Geotechnical Legal Notification This report was prepared by EXP Services Inc. for the exclusive use of Performance Communities Inc. and may not be reproduced in whole or in part, or used or relied upon in whole or in part by any party other than Performance Communities Inc. for any purpose whatsoever without the express permission of Performance Communities Inc. in writing. Any use which a third party makes of this report, or any reliance on or decisions to be made based on it, are the responsibility of such third parties. EXP Services Inc. accepts no responsibility for damages, if any, suffered by any third party as a result of decisions made or actions based on this project. Page 169 of 226 Client: Performance Communities Inc. Project Name: Proposed Residential Development – 101 North Street, Tillsonburg, ON Project Number: LON-00016976-GE EXP Services Inc. Page iv Earth and Environmental Division - Geotechnical Table of Contents 1.0 INTRODUCTION 1 1.1 Introduction 1 1.2 Terms of Reference 1 2.0 METHODOLOGY 2 2.1 Site Reconnaissance 2 2.2 Field Work 2 2.3 Review of Topographic Data 3 3.0 SITE AND SUBSURFACE CONDITIONS 4 3.1 Site Description 4 3.2 Soil Stratigraphy 4 3.2.1 Topsoil 4 3.2.2 Sand 4 3.2.3 Clayey Silt 4 3.2.4 Silt 4 3.2.5 Clayey Silt Till 5 3.3 Groundwater Conditions 5 4.0 SLOPE STABILITY 6 4.1 Stable Slope Geometry 6 4.2 Stable Slope 8 4.2 Emergency Access Allowance 8 4.3 Toe Erosion Allowance 8 4.3 Development Setback 8 4.4 Erosion Control 9 4.4.1 Washed-Out Area Backfilling 9 4.5 Additional Comments 9 5.0 GENERAL COMMENTS 11 Appendices Drawings Appendix A – Borehole Logs Appendix B – Slope Stability Rating Chart Appendix C – Stable Slope Analyses Appendix D – Site Photos Appendix E – Limitations and Use of Report Page 170 of 226 Client: Performance Communities Inc. Project Name: Proposed Residential Development – 101 North Street, Tillsonburg, ON Project Number: LON-00016976-GE EXP Services Inc. Page 1 Earth and Environmental Division - Geotechnical 1.0 Introduction 1.1 Introduction As requested, EXP Services Inc. (EXP) has conducted a slope assessment to determine development setback from the top of the slope in conjunction with the proposed residential at 101 North Street in Tillsonburg, Ontario. This report summarizes the results of the assessment and provides geotechnical comments and recommendations with regards to the top of slope demarcation. The proposed development is within an area regulated by the Long Point Region Conservation Authority (LPRCA). As a result, consent from the Conservation Authority is required prior to establishing the limits of the potential buildings. 1.2 Terms of Reference Authorization to proceed with this investigation was received from Will Hayhoe of Performance Communities Inc. on March 21, 2019. The purpose of the assessment was to examine the subsoil and groundwater conditions at the Site and to determine net developable site and the Recommended Development Setback Limit, in accordance with the Ministry of Natural Resources Technical Guide Development Setback and the Long Point Region Conservation Authority guidelines. Based on a reconnaissance site visit and borehole drilling on April 11, 2019, and a review of soil and groundwater information from the test hole advanced at the Site, EXP Services Inc. has provided geotechnical comments and recommendations on slope stability and Development Setback. This report is provided on the basis of the terms of reference presented above, and on the assumption that the design will be in accordance with applicable codes and standards. If there are any changes in the design features relevant to the geotechnical analyses, or if any questions arise concerning geotechnical aspects of the codes and standards, this office should be contacted to review the design. The information in this report in no way reflects on the environmental aspects of the soil. Should specific information in this regard be needed, additional testing may be required. Page 171 of 226 Client: Performance Communities Inc. Project Name: Proposed Residential Development – 101 North Street, Tillsonburg, ON Project Number: LON-00016976-GE EXP Services Inc. Page 2 Earth and Environmental Division - Geotechnical 2.0 Methodology 2.1 Site Reconnaissance A site reconnaissance was conducted on April 11, 2019 to examine the condition of the slope at the site. The slope profile was reviewed using the 'Slope Stability Rating Chart' (created by MNR), which summarizes the Site observations and empirically scores various elements of the slope profile which contribute to slope stability, to provide an assessment of the potential for slope instabilities at the Site. Four rating charts were completed summarizing the existing slope profile at the surveyed slope cross section locations at the Site. The rating chart is provided for review and consideration. 2.2 Field Work In addition to the site reconnaissance, four (4) boreholes were advanced by EXP on April 11, 2019 to provide information on the soil stratigraphy. The stability of each representative slope section was analyzed by computer methods utilizing the Slope/W computer program for the slope profiles. Soil strength parameters used in the analyses were obtained from typical values in literature sources and from the borehole investigation carried out by EXP. The borehole was advanced using a locally subcontracted rubber track-mounted drilling unit equipped with continuous flight hollow and solid stem augers, soil sampling and soil testing equipment. The boreholes were advanced to depths of 6.6 m below existing grade. In the borehole, disturbed soil samples were recovered at depth intervals of 0.75 and 1.5 meters using conventional split spoon sampling equipment and Standard Penetration Test (SPT ) methods. During the drilling, the stratigraphy in the borehole was examined and logged in the field by EXP geotechnical personnel. Short-term groundwater level observations within the open borehole, and observations pertaining to groundwater conditions at the test hole location are recorded in the borehole log found in Appendix A. Following the drilling, the water level was measured in the open borehole, following which the borehole was backfilled with the excavated materials and bentonite, to satisfy the requirements of O.Reg. 903. Representative samples of the various soil strata encountered at the test location was taken to our laboratory in London for further examination by a geotechnical engineer and laboratory classification testing. Laboratory testing for this investigation comprised of routine moisture content determinations with moisture content results presented on the borehole log found in Appendix A. Samples remaining after the classification testing will be stored for a period of three months following the date of this report. After this time, they will be discarded unless prior arrangements have been made for longer storage. The borehole location elevations and topographic mapping were surveyed by the CJDL Consulting Engineers. Page 172 of 226 Client: Performance Communities Inc. Project Name: Proposed Residential Development – 101 North Street, Tillsonburg, ON Project Number: LON-00016976-GE EXP Services Inc. Page 3 Earth and Environmental Division - Geotechnical 2.3 Review of Topographic Data Topographic mapping and four cross sections provided by CJDL Consulting Engineers were used in establishing the location of the Development Setback. Using engineering judgement and technical experience, various cross sections (which are considered to be representative of typical site conditions) have been reviewed. Examination of factors of safety were carried out and analysed by computer methods utilizing the Slope/W computer program. Topographic information used for the slope sections is taken from the cross sections provided by CJDL Consulting Engineers. Soil strength parameters used in the analyses were based on our observations and experience with similar soil and groundwater conditions and are consistent with typical values in literature sources. Page 173 of 226 Client: Performance Communities Inc. Project Name: Proposed Residential Development – 101 North Street, Tillsonburg, ON Project Number: LON-00016976-GE EXP Services Inc. Page 4 Earth and Environmental Division - Geotechnical 3.0 Site and Subsurface Conditions 3.1 Site Description The Site is located on the south side of 101 North Street in Tillsonburg, Ontario. The Site is currently an agricultural field with a residential dwelling located on the Site. The Site is generally level leading up to the top of slope. The Slope is approximately 3 to 5 m in height and is vegetated with occasional mature trees and shrubs. Beyond the toe of the slope there is a railway and a drainage ditch that runs parallel to the tracks. Photos of the Site are located in Appendix D. 3.2 Soil Stratigraphy The detailed stratigraphy encountered in the test holes is shown in the borehole logs found in Appendix A and summarized in the following paragraphs. It must be noted that boundaries of soil indicated in the borehole logs are inferred from non-continuous sampling and observations during drilling. These boundaries are intended to reflect transition zones for the purposes of geotechnical design and should not be interpreted as exact planes of geological change. 3.2.1 Topsoil A 350 to 450 mm thick layer of topsoil was observed at ground surface of each borehole. It should be noted that topsoil quantities should not be established from the information provided at the borehole location only. If required, a more detailed analysis (involving shallow test pits) is recommended to accurately quantify the amount of topsoil to be removed for construction purposes. 3.2.2 Sand Underlying the topsoil, a layer of sand was encountered in all boreholes. The sand contained trace to some silt and trace gravel. The sand was brown and fine to medium grained. It was in a loose to compact and moist to wet state based on SPT N Values of 9 to 20 blows per 300 mm split spoon sampler penetration and in situ moisture contents of 17 to 23 percent. The sand extended to depths from 1.1 m to 2.7 m below ground surface (bgs). 3.2.3 Clayey Silt Underlying the sand, a layer of clayey silt was encountered in all boreholes. The clayey silt was grey and contained trace to some sand. The clayey silt was in a firm to stiff consistency (based on SPT N Values of 7 to 10 blows per 300 mm split spoon sampler penetration). and moist based on tactile examination and in-situ moisture contents of 16 to 23 percent. The clayey silt layer encountered ranged in thickness from 0.3 to 0.9 m in thickness. 3.2.4 Silt Silt was encountered at beneath the clayey silt in all boreholes. The silt was grey in colour and contained trace to some sand and trace clay and was dilatant. The silt was in a compact state with SPT N Values of 10 to 15 and very moist to wet (in situ moisture contents of 16 to 23 percent). The silt extended to depths between 2.9 and 5.5 m bgs. Page 174 of 226 Client: Performance Communities Inc. Project Name: Proposed Residential Development – 101 North Street, Tillsonburg, ON Project Number: LON-00016976-GE EXP Services Inc. Page 5 Earth and Environmental Division - Geotechnical 3.2.5 Clayey Silt Till Clayey silt till was encountered underlaying the silt in all boreholes. The clayey silt till was grey in colour and contained trace sand and trace gravel. The clayey silt was in a firm to stiff state with SPT N Values of 7 to 10 and moist based on observations and in-situ moisture contents from 12 to 18 percent). All boreholes were terminated in the clayey silt till. 3.3 Groundwater Conditions Details of the groundwater conditions observed within the borehole are provided on the attached borehole logs. Measurement of the water level and moisture contents of selected samples are also recorded on the attached borehole log. Upon completion of drilling, the open boreholes were examined for the presence of groundwater and groundwater seepage. Groundwater was observed between 1.2 and 5.5 m bgs upon completion of drilling. The groundwater observed in the boreholes is perched groundwater which is typical in this type of soil stratigraphy. It should be noted that insufficient time was available for the measurement of the depth to the stabilized groundwater table prior to backfilling the boreholes. The depth to the groundwater table may vary in response to climatic or seasonal conditions, and, as such, may differ with high levels occurring in wet seasons. Capillary rise effects should also be anticipated in fine-grained soil deposits. Page 175 of 226 Client: Performance Communities Inc. Project Name: Proposed Residential Development – 101 North Street, Tillsonburg, ON Project Number: LON-00016976-GE EXP Services Inc. Page 6 Earth and Environmental Division - Geotechnical 4.0 Slope Stability To determine development setback from the top of slope, four (4) cross sections, designated as Cross Section 1 to Cross Section 4 were reviewed. The cross section locations are shown on Drawing 1 and the profiles are provided on Drawings 2 to 5. Based on the profiles, the inclination of the slope ranged approximately from 1.9H:1V to 3.8H:1V. The top of slope was defined when a slope inclination changes from 4H:1V to flatter. 4.1 Stable Slope Geometry The stability of the existing slope was investigated for a number of different Factors of Safety (FOS). The various types of failures resulting include shallow, moderate depth and deep rotational failures, occasionally through the entire height of the slope. The analyses were undertaken by computer methods utilizing the Slope/W computer program for select slope profiles. The soil parameters used were conservative to build in an added safety factor for the analyses. The following table summarizes the parameters for the predominant soils which were used in EXP’s evaluation of the stable slope configuration: Soil Type Density (kN/m3) Cohesion (kPa) Angle of Internal Friction (°) Silt 21 0 30 Sand 21 0 31 Silty Clay Till 22 5 30 In order to determine a stable slope, a minimum factor of safety of 1.40 was used during the computerized stable slope analyses. The following table from the MNR Technical Guide provides guidance on how to select a minimum factor of safety based on the intended land use above or below the slope. Page 176 of 226 Client: Performance Communities Inc. Project Name: Proposed Residential Development – 101 North Street, Tillsonburg, ON Project Number: LON-00016976-GE EXP Services Inc. Page 7 Earth and Environmental Division - Geotechnical Table 2 – Design Minimum Factor of Safety Table obtained from page 60 of MNR Technical Guide – River and Stream Systems: Erosion Hazard Limit Two of the cross sections were analysed using Slope/W . Section analysed were chosen based on these sections representing the worst-cases scenarios. All cross section locations are shown on Drawing 1 and the profiles are provided on Drawings 2 to 5. The failures at both analysed cross sections consisted of shallow slumping failures, moderate depth failures and deep rotational failures. After completing the computerized stable slope analysis on each cross section, the minimum calculated factor of safety (FOS) for all failure types was 1.48 which is above the recommended minimum FOS value of 1.4. The slope stability analyses and corresponding failures can be found in Appendix C. Summarized results are provided in the following table: Table 3 - Summary of Pertinent Slope Stability Analyses Cross Section Condition Description of Failure Mode Computed Factor of Safety Slope Section 1: Shallow Depth Failure 1.81 Slope Section 2: Shallow Depth Failure 1.48 Slope Section 1: Moderate Depth Failure 2.21 Slope Section 2: Moderate Depth Failure 1.92 Slope Section 1: Deep Failure 3.23 Slope Section 2: Deep Failure 3.24 Page 177 of 226 Client: Performance Communities Inc. Project Name: Proposed Residential Development – 101 North Street, Tillsonburg, ON Project Number: LON-00016976-GE EXP Services Inc. Page 8 Earth and Environmental Division - Geotechnical The soil conditions encountered in the boreholes comprise of sand underlain by clayey silt underlain by silt underlain by clayey silt till deposits. Groundwater depth used in the analysis ranged from 1.0 to 1.2 m bgs. The FOS for all sections analysed are above the desirable factor of 1.40. For additional safety a stable slope allowance is applied at both section locations. Top of stable slope is defined as on Drawings 2 to 5. 4.2 Stable Slope The computed result suggest that a 2.5H:1V slope should be applied along the existing slope for additional safety based on the soil conditions encountered. For the purpose of establishing an appropriate setback distance, the stable slope setback line should be drawn from the bottom of any section of the slope that is steeper than 2.5H:1V along the slope to the top of the slope. The Stable Slope Allowance for the cross sections are outlined below. Stable slope allowances for slope profiles flatter than 2.5H:1V used the existing slope inclination as the stable slope line. 4.2 Emergency Access Allowance The Emergency Access Allowance as specified in Section 3.4 of the MNR Technical Guide is a distance of 6 m from the top of the slope. This allowance is required in order to provide access for repairs to the slope from the top of the slope. EXP recommends that a distance of 6 m for the erosion access allowance be provided on the table land. No new permanent structures should be constructed within the 6 m of the erosion access allowance. 4.3 Toe Erosion Allowance No toe erosion allowance is required due to no permanent watercourse being present within 15 m of the toe of the slope based on the MNR Technical Guide. The drainage ditch present was dry at the time of the Site reconnaissance and there were no visible signs of active erosion surrounding the drainage ditch. 4.3 Development Setback Based on the preceding sections, the Development Setback ranges from 6.0 to 6.8 m from top of existing slope. The recommended Development Setback along with the existing top of slope are shown on Drawings 1 to 5. The footprint of the proposed building must not encroach on the Development Setback. For uniformity and additional safety an Erosion Hazard Limit of 6.8 m from top of slope was applied across the Site. Page 178 of 226 Client: Performance Communities Inc. Project Name: Proposed Residential Development – 101 North Street, Tillsonburg, ON Project Number: LON-00016976-GE EXP Services Inc. Page 9 Earth and Environmental Division - Geotechnical 4.4 Erosion Control Due to the cohesionless nature of the surficial soils observed within the boreholes, erosion control measures should be implemented along the slope to minimize the amount of erosion that may occur. A washed out section of the slope was observed near Section 4 surrounding an exposed drainage tile (see photos in Appendix D). Minor Seepage near mid slope and minor erosion near the slope crest was observed near Section 2 and Section 3. It is recommended that drainage channels be constructed along the slope to properly drain water to the toe of the slope to reduce erosion of the slope. Any areas along the slope where water is directed over the slope should have a drainage channel constructed. The channels should be constructed from the top of the slope to the toe of the slope, lined with filter fabric (Terrafix 270R or equivalent) and filled with rip rap. These channels should prevent the fines from being washed out of the granular material. The location and detailed design of the drainage channels should be completed by others. 4.4.1 Washed-Out Area Backfilling It is understood that washed-out area surrounding the exposed drainage tile was backfilled and the top of slope was re-established. It is understood based on correspondence from CJDL that the washed-out area was reconstructed by stripping the topsoil, attaching a 100 mm diameter Big “O” tile to the existing clay drainage tile, backfilling the slope with silty sand and compacting the soil. The new drainage tile was extended approximately 30 m and outlets directly into the existing drainage channel. It is also understood that a hickenbottom was installed attached to the new drainage tile and a 0.5 m high ridge was constructed along of the top of the slope to direct any surface water to the hickenbottom and away from the top of the slope. Photos provided by CJDL are attached in Appendix D. The Development Setback can be seen on Drawing 1. 4.5 Additional Comments The Site should be graded such that surface water is generally directed away from the slope. No water from the table land should be out-letted over the slope unless down a constructed drainage channel. Cross Section Stable Slope Allowance (m) Emergency Access Allowance (m) Erosion Hazard Allowance (m) (measured from top of slope) Applied Erosion Hazard Allowance (m) (measured from top of slope) 1 0 6.0 6.0 6.8 2 0.8 6.0 6.8 6.8 3 0 6.0 6.0 6.8 4 0 6.0 6.0 6.8 Page 179 of 226 Client: Performance Communities Inc. Project Name: Proposed Residential Development – 101 North Street, Tillsonburg, ON Project Number: LON-00016976-GE EXP Services Inc. Page 10 Earth and Environmental Division - Geotechnical Water from downspouts and perimeter weeping tile etc. should be collected in a controlled manner and directed away from the slope. Spoils from any excavation should be removed from the Site. Excavated soils should not be placed over the table land near the crest of slope, unless the soil is placed as engineered structural fill. No net surcharge should be placed on the slope. During construction, stockpiles of materials, supplies and construction debris should be located away from the slope crest. Additional loading from stockpiled materials should be avoided in proximity to the slope crest. Debris littering the slope should be removed and vegetation on the slope should be maintained. Any bare spot or cracks observed at the slope should be revegetated. Drawings 1 to 5 show the location of the Development Setback. A regular maintenance program should be implemented such as tree preservation, grading, and drainage control. Page 180 of 226 Client: Performance Communities Inc. Project Name: Proposed Residential Development – 101 North Street, Tillsonburg, ON Project Number: LON-00016976-GE EXP Services Inc. Page 11 Earth and Environmental Division - Geotechnical 5.0 General Comments The information presented in this report is based on a limited investigation designed to provide information to support an assessment of the current slope conditions within the subject property. The conclusions and recommendations presented in this report reflect site conditions existing at the time of the investigation. Consequently, during the future development of the property, conditions not observed during this investigation may become apparent. Should this occur, EXP Services Inc. should be contacted to assess the situation, and the need for additional testing and reporting. EXP has qualified personnel to provide assistance in regards to any future geotechnical and environmental issues related to this property. Our undertaking at EXP, therefore, is to perform our work within limits prescribed by our clients, with the usual thoroughness and competence of the engineering profession. No other warranty or representation, either expressed or implied, is included or intended in this report. The comments given in this report are intended only for the guidance of design engineers. The number of test holes required to determine the localized underground conditions between test holes affecting construction costs, techniques, sequencing, equipment, scheduling, etc. would be much greater than has been carried out for design purposes. Contractors bidding on or undertaking the works should in this light, decide on their own investigations, as well as their own interpretations of the factual borehole results, so that they may draw their own conclusions as to how the subsurface conditions may affect them. EXP Services Inc. should be retained for a general review of the final design and specifications to verify that this report has been properly interpreted and implemented. If not afforded the privilege of making this review, EXP Services Inc. will assume no responsibility for interpretation of the recommendations in this report. This report was prepared for the exclusive use of Performance Communities Inc. and may not be reproduced in whole or in part, without the prior written consent of EXP, or used or relied upon in whole or in part by other parties for any purposes whatsoever. Any use which a third party makes of this report, or any part thereof, or any reliance on or decisions to be made based on it, are the responsibility of such third parties. EXP Services Inc. accepts no responsibility for damages, if any, suffered by any third party as a result of decisions made or actions based on this report. We trust this report is satisfactory for your purposes. Should you have any questions, please do not hesitate to contact this office. Page 181 of 226 Client: Performance Communities Inc. Project Name: Proposed Residential Development – 101 North Street, Tillsonburg, ON Project Number: LON-00016976-GE Drawings Page 182 of 226 -LEGEND- Approximate Borehole Location Performance Communities Inc. EXP Services Inc. 15701 Robin's Hill Road London, ON, N5V 0A5 JUNE 2019 LON-00016976-GE 1 -NOTES- 1. The Site Plan was reproduced from a drawing provided by the Client and should be read in conjunction with EXP Slope Assessment Report LON-00016976-GE.Site Plan M.B.I.S. 1:500 Slope Assessment Proposed Residential Development 101 North Street Tillsonburg, Ontario BH4 June 2019 Page 183 of 226 EXP Services Inc.15701 Robin's Hill Road, London, ON, N5V 0A5MAY 20191:250LON-00016976-GE2 -NOTES-1. The cross section diagram should be read in conjunction with EXP SlopeAssessment Report LON-00016976-GE.2. Refer to Drawing 1 for cross section location.Performance Communities Inc.Cross Section 1Prepared By: M.B.Reviewed By: I.S.Slope AssessmentProposed Development101 North Street, Tillsonburg, OntarioJune 2019Page 184 of 226 EXP Services Inc.15701 Robin's Hill Road, London, ON, N5V 0A5MAY 20191:250LON-00016976-GE3 -NOTES-1. The cross section diagram should be read in conjunction with EXP SlopeAssessment Report LON-00016976-GE.2. Refer to Drawing 1 for cross section location.Performance Communities Inc.Cross Section 2Prepared By: M.B.Reviewed By: I.S.Slope AssessmentProposed Development101 North Street, Tillsonburg, OntarioJune 2019June 2019Page 185 of 226 EXP Services Inc.15701 Robin's Hill Road, London, ON, N5V 0A5MAY 20191:250LON-00016976-GE4 -NOTES-1. The cross section diagram should be read in conjunction with EXP SlopeAssessment Report LON-00016976-GE.2. Refer to Drawing 1 for cross section location.Performance Communities Inc.Cross Section 3Prepared By: M.B.Reviewed By: I.S.Slope AssessmentProposed Development101 North Street, Tillsonburg, OntarioJune 2019Page 186 of 226 EXP Services Inc.15701 Robin's Hill Road, London, ON, N5V 0A5MAY 20191:250LON-00016976-GE5 -NOTES-1. The cross section diagram should be read in conjunction with EXP SlopeAssessment Report LON-00016976-GE.2. Refer to Drawing 1 for cross section location.Performance Communities Inc.Cross Section 4Prepared By: M.B.Reviewed By: I.S.Slope AssessmentProposed Development101 North Street, Tillsonburg, OntarioJune 2019Page 187 of 226 Client: Performance Communities Inc. Project Name: Proposed Residential Development – 101 North Street, Tillsonburg, ON Project Number: LON-00016976-GE Appendix A – Borehole Log Page 188 of 226 Client: Performance Communities Inc. Project Name: Proposed Residential Development – 101 North Street, Tillsonburg, ON Project Number: LON-00016976-GE NOTES ON SAMPLE DESCRIPTIONS 1. All descriptions included in this report follow the 'modified' Massachusetts Institute of Technology (M.I.T.) soil classification system. The laboratory grain -size analysis also follows this classification system. Others may designate the Unified Classification System as their source; a comparison of the two is shown for your information. Please note that, with the exception of those samples where the grain size analysis has been carried out, all samples are classified visually and the accuracy of the visual examination is not sufficient to differentiate between the classification systems or exact grain sizing. The M.I.T. system has been modified and the EXP classification includes a designation for cobbles above the 75 mm size and boulders above the 200 mm size. 2. Fill: Where fill is designated on the borehole log, it is defined as indicated by the sample recovered during the boring process. The reader is cautioned that fills are heterog eneous in nature and variable in density or degree of compaction. The borehole description therefore, may not be applicable as a general description of the site fill material. All fills should be expected to contain obstructions such as large concrete pieces or subsurface basements, floors, tanks, even though none of these obstructions may have been encountered in the borehole. Since boreholes cannot accurately define the contents of the fill, test pits are recommended to provide supplementary informatio n. Despite the use of test pits, the heterogeneous nature of fill will leave some ambiguity as to the exact and correct composition of the fill. Most fills contain pockets, seams, or layers of organically contaminated soil. This organic material can result in the generation of methane gas and/or significant ongoing and future settlements. The fill at this site has been monitored for the presence of methane gas and the results are recorded on the borehole logs. The monitoring process neither indicates t he volume of gas that can be potentially generated or pinpoints the source of the gas. These readings are to advise of a potential or existing problem (if they exist) and a detailed study is recommended for sites where any explosive gas/methane is detected. Some fill material may be contaminated by toxic waste that renders the material unacceptable for deposition in any but designated land fill sites; unless specifically stated, the fill on the site has not been tested for contaminants that may be conside red hazardous. This testing and a potential hazard study can be carried out if you so request. In most residential/commercial areas undergoing reconstruction, buried oil tanks are common, but not detectable using conventional geotechnical procedures. 3. Glacial Till: The term till on the borehole logs indicates that the material originates from a geological process associated with glaciation. Because of this geological process, the till must be considered heterogeneous in composition and as such, may conta in pockets and/or seams of material such as sand, gravel, silt or clay. Till often contains cobbles (75 to 200 mm in diameter) or boulders (greater than 200 mm diameter) and therefore, contractors may encounter them during excavation, even if they are not indicated on the borehole logs. It should be appreciated that normal sampling equipment can not differentiate the size or type of obstruction. Because of the horizontal and vertical variability of till, the sample description may be applicable to a very limited area; therefore, caution is essential when dealing with sensitive excavations or dewatering programs in till material. Page 189 of 226 350 400 400 300 400 400 21 22 22 19 18 15 14 10 12 10 10 11 S1 S2 S3 S4 S5 S6 TOPSOIL - 400 mm SAND - brown, trace to some silt, fine to medium grained, compact, moist to wet CLAYEY SILT - grey, trace to some sand, stiff, moist SILT - grey, some sand to sandy, trace clay, dilatant, compact, very moist to wet CLAYEY SILT TILL - grey, trace sand, trace gravel, stiff, moist End of Borehole at 6.6 m bgs. SS SS SS SS SS SS 242.3 240.9 240.5 238.7 236.1 1) Borehole Log interpretation requires assistance by EXP before use by others. Borehole Log must be read in conjunction with EXP Report LON00016976-GE. 2) Borehole was open to 1.5 m bgs and water measured near 1.2 m bgs uponcompletion of drilling.3) bgs denotes below ground surface.4) No significant methane gas concentration was detected upon completion ofdrilling. CU Consolidated Undrained Triaxial CD Consolidated Drained Triaxial K Lab Permeability P Field Permeability Unit Weight C Consolidation AS Auger Sample S Sieve Analysis H Hydrometer G Specific Gravity OTHER TESTS Rock Core (eg. BQ, NQ, etc.) ST Shelby TubeSS Split Spoon SAMPLE LEGEND Artesian (see Notes)MeasuredApparent WATER LEVELS DS Direct Shear VN Vane Sample UU Unconsolidated Undrained Triaxial UC Unconfined Compression NOTES 100 200 kPa 101 North Street, Tillsonburg, ON Performance Communities Inc. SPT N Value WELL LOG STRATA PLOT PROJECT NO. ELEVATION L Atterberg Limits and Moisture SAMPLES SHEAR STRENGTH Penetrometer 242.7 W Dynamic Cone April 11, 2019DATES: Boring DESCRIPTION VALUE DATES: Boring DATUM STRATA LON-00016976-GE Atterberg Limits and Moisture WW DATUM Field Vane Test (#=Sensitivity) Slope Assessment 10 20 30 40 P DEPTH Dynamic ConeSPT N Value L (m bgs) Geodetic LON-00016976-GE STRATA VALUENUMBER W PROJECT NO. Field Vane Test (#=Sensitivity) PenetrometerDEPTH SHEAR STRENGTH NUMBER TYPE April 11, 2019 (%) Torvane S Geodetic STRATA PLOT ELEVATION W PROJECT SAMPLES TYPE Water Level CLIENT LOCATION BH1 Sheet 1 of 1 N BOREHOLE LOG MOISTURE CONTENT (blows) ( m)~ (mm) RECOVERY S DESCRIPTION Torvane P W WELL LOG Water Level 0 1 2 3 4 5 6 7 Page 190 of 226 350 400 400 450 350 250 21 18 22 23 17 12 9 20 12 7 15 7 S1 S2 S3 S4 S5 S6 TOPSOIL - 350 mm SAND - brown, trace silt, fine to medium grained, loose to compact, wet CLAYEY SILT - grey, trace sand, firm, moist SILT - grey, some sand, trace clay, dilatant, compact, wet CLAYEY SILT TILL - grey, trace sand, trace gravel, firm, moist End of Borehole at 6.6 m bgs. SS SS SS SS SS SS 242.7 240.3 239.4 237.5 236.5 1) Borehole Log interpretation requires assistance by EXP before use by others. Borehole Log must be read in conjunction with EXP Report LON00016976-GE. 2) Borehole was open to 1.5 m bgs and water measured near 1.2 m bgs uponcompletion of drilling.3) bgs denotes below ground surface.4) No significant methane gas concentration was detected upon completion ofdrilling. CU Consolidated Undrained Triaxial CD Consolidated Drained Triaxial K Lab Permeability P Field Permeability Unit Weight C Consolidation AS Auger Sample S Sieve Analysis H Hydrometer G Specific Gravity OTHER TESTS Rock Core (eg. BQ, NQ, etc.) ST Shelby TubeSS Split Spoon SAMPLE LEGEND Artesian (see Notes)MeasuredApparent WATER LEVELS DS Direct Shear VN Vane Sample UU Unconsolidated Undrained Triaxial UC Unconfined Compression NOTES 100 200 kPa 101 North Street, Tillsonburg, ON Performance Communities Inc. SPT N Value WELL LOG STRATA PLOT PROJECT NO. ELEVATION L Atterberg Limits and Moisture SAMPLES SHEAR STRENGTH Penetrometer 243.0 W Dynamic Cone April 11, 2019DATES: Boring DESCRIPTION VALUE DATES: Boring DATUM STRATA LON-00016976-GE Atterberg Limits and Moisture WW DATUM Field Vane Test (#=Sensitivity) Slope Assessment 10 20 30 40 P DEPTH Dynamic ConeSPT N Value L (m bgs) Geodetic LON-00016976-GE STRATA VALUENUMBER W PROJECT NO. Field Vane Test (#=Sensitivity) PenetrometerDEPTH SHEAR STRENGTH NUMBER TYPE April 11, 2019 (%) Torvane S Geodetic STRATA PLOT ELEVATION W PROJECT SAMPLES TYPE Water Level CLIENT LOCATION BH2 Sheet 1 of 1 N BOREHOLE LOG MOISTURE CONTENT (blows) ( m)~ (mm) RECOVERY S DESCRIPTION Torvane P W WELL LOG Water Level 0 1 2 3 4 5 6 7 Page 191 of 226 350 350 400 400 400 450 23 16 16 13 14 18 10 10 15 13 14 10 S1 S2 S3 S4 S5 S6 TOPSOIL - 350 mm SAND - brown, trace silt, trace gravel, fine to medium grained, compact, wet CLAYEY SILT - grey, trace sand, stiff, moist SILT - grey, trace to some sand, trace clay, dilatant, compact, very moist to wet CLAYEY SILT TILL - grey, trace sand, trace gravel, stiff, moist End of Borehole at 6.6 m bgs. SS SS SS SS SS SS 241.6 240.6 239.8 239.1 235.4 1) Borehole Log interpretation requires assistance by EXP before use by others. Borehole Log must be read in conjunction with EXP Report LON00016976-GE. 2) Borehole was open and water measured near 5.5 m bgs upon completion ofdrilling.3) bgs denotes below ground surface.4) No significant methane gas concentration was detected upon completion ofdrilling. CU Consolidated Undrained Triaxial CD Consolidated Drained Triaxial K Lab Permeability P Field Permeability Unit Weight C Consolidation AS Auger Sample S Sieve Analysis H Hydrometer G Specific Gravity OTHER TESTS Rock Core (eg. BQ, NQ, etc.) ST Shelby TubeSS Split Spoon SAMPLE LEGEND Artesian (see Notes)MeasuredApparent WATER LEVELS DS Direct Shear VN Vane Sample UU Unconsolidated Undrained Triaxial UC Unconfined Compression NOTES 100 200 kPa 101 North Street, Tillsonburg, ON Performance Communities Inc. SPT N Value WELL LOG STRATA PLOT PROJECT NO. ELEVATION L Atterberg Limits and Moisture SAMPLES SHEAR STRENGTH Penetrometer 242.0 W Dynamic Cone April 11, 2019DATES: Boring DESCRIPTION VALUE DATES: Boring DATUM STRATA LON-00016976-GE Atterberg Limits and Moisture WW DATUM Field Vane Test (#=Sensitivity) Slope Assessment 10 20 30 40 P DEPTH Dynamic ConeSPT N Value L (m bgs) Geodetic LON-00016976-GE STRATA VALUENUMBER W PROJECT NO. Field Vane Test (#=Sensitivity) PenetrometerDEPTH SHEAR STRENGTH NUMBER TYPE April 11, 2019 (%) Torvane S Geodetic STRATA PLOT ELEVATION W PROJECT SAMPLES TYPE Water Level CLIENT LOCATION BH3 Sheet 1 of 1 N BOREHOLE LOG MOISTURE CONTENT (blows) ( m)~ (mm) RECOVERY S DESCRIPTION Torvane P W WELL LOG Water Level 0 1 2 3 4 5 6 7 Page 192 of 226 350 400 400 350 400 300 17 20 23 16 14 12 * 9 12 11 7 18 50 S1 S2 S3 S4 S5 S6 TOPSOIL - 400 mm SAND - brown, trace silt, trace gravel, fine to medium grained, compact, wet CLAYEY SILT - grey, trace sand, stiff, moist SILT - grey, trace sand, trace clay, occasional clayey layering, dilatant, compact, wet CLAYEY SILT TILL - grey, trace sand, trace gravel, form to hard, moist - occasinal sandy layering begining near 6.0 m bgs End of Borehole at 6.6 m bgs. SS SS SS SS SS SS 241.3 240.6 240.3 238.8 235.2 1) Borehole Log interpretation requires assistance by EXP before use by others. Borehole Log must be read in conjunction with EXP Report LON00016976-GE. 2) Borehole was open to 3.4 m bgs and water measured near 3.7 m bgs uponcompletion of drilling.3) bgs denotes below ground surface.4) No significant methane gas concentration was detected upon completion ofdrilling. CU Consolidated Undrained Triaxial CD Consolidated Drained Triaxial K Lab Permeability P Field Permeability Unit Weight C Consolidation AS Auger Sample S Sieve Analysis H Hydrometer G Specific Gravity OTHER TESTS Rock Core (eg. BQ, NQ, etc.) ST Shelby TubeSS Split Spoon SAMPLE LEGEND Artesian (see Notes)MeasuredApparent WATER LEVELS DS Direct Shear VN Vane Sample UU Unconsolidated Undrained Triaxial UC Unconfined Compression NOTES 100 200 kPa 101 North Street, Tillsonburg, ON Performance Communities Inc. SPT N Value WELL LOG STRATA PLOT PROJECT NO. ELEVATION L Atterberg Limits and Moisture SAMPLES SHEAR STRENGTH Penetrometer 241.7 W Dynamic Cone April 11, 2019DATES: Boring DESCRIPTION VALUE DATES: Boring DATUM STRATA LON-00016976-GE Atterberg Limits and Moisture WW DATUM Field Vane Test (#=Sensitivity) Slope Assessment 10 20 30 40 P DEPTH Dynamic ConeSPT N Value L (m bgs) Geodetic LON-00016976-GE STRATA VALUENUMBER W PROJECT NO. Field Vane Test (#=Sensitivity) PenetrometerDEPTH SHEAR STRENGTH NUMBER TYPE April 11, 2019 (%) Torvane S Geodetic STRATA PLOT ELEVATION W PROJECT SAMPLES TYPE Water Level CLIENT LOCATION BH4 Sheet 1 of 1 N BOREHOLE LOG MOISTURE CONTENT (blows) ( m)~ (mm) RECOVERY S DESCRIPTION Torvane P W WELL LOG Water Level 0 1 2 3 4 5 6 7 Page 193 of 226 Client: Performance Communities Inc. Project Name: Proposed Residential Development – 101 North Street, Tillsonburg, ON Project Number: LON-00016976-GE Appendix B – Slope Stability Rating Chart Page 194 of 226 Slope Stability Rating Chart Geotechnical Principles for Stable Slopes Ontario Ministry of Natural Resources _______________________ Site Location: Town/City: Inspected by: Project No.: Inspection Date: Weather: Slope Inclination degrees or less (3H:1V or flatter) to 28 degrees (2H:1V to 3H:1V) degrees or more (steeper than 2H:1V) Rating Value 0 6 16 Slope Rating Soil Stratigraphy shale / limestone sand, gravel till clay, silt fill leda clay 0 6 9 12 18 24 Seepage from Slope Face none, or near bottom only near mid-slope only near crest only, or from several levels 0 6 12 Slope Height 2 m or less 2.1 to 5 m 5.1 to 10 m more than 10 m 0 2 4 8 Vegetation Cover on Slope Face well vegetated: heavy shrubs or forested with mature trees light vegetation: grass, weeds, occasional trees, shrubs no vegetation: bare 0 4 8 Table Land Drainage table land flat, no apparent drainage over slope minor drainage over slope, no active erosion drainage over slope, active erosion, gullies 0 2 4 Proximity of Watercourse to Slope Toe 15 m or more from slope toe Less than 15 m from slope toe 0 6 Previous Landslide Activity No Yes 0 6 Slope Instability Rating Low Potential < 24 Site Inspection only, confirmation, report letter Slight Potential 25-35 Site Inspection and surveying, preliminary study, detailed report Moderate Potential > 35 BH Investigation, piezometers, lab tests, surveying, detailed report Notes: Is there is a water body (stream, creek, river, pond, bay, lake) at the toe of slope? If YES - the potential for toe erosion and undercutting should be evaluated in detail. Cross Section 1 16976 April 11, 2019 Overcast, 3C 101 North Street Tillsonburg, ON M.Bertens 6 9 0 2 4 2 0 0 23 No Page 195 of 226 Slope Stability Rating Chart Geotechnical Principles for Stable Slopes Ontario Ministry of Natural Resources _______________________ Site Location: Town/City: Inspected by: Project No.: Inspection Date: Weather: Slope Inclination degrees or less (3H:1V or flatter) to 28 degrees (2H:1V to 3H:1V) degrees or more (steeper than 2H:1V) Rating Value 0 6 16 Slope Rating Soil Stratigraphy shale / limestone sand, gravel till clay, silt fill leda clay 0 6 9 12 18 24 Seepage from Slope Face none, or near bottom only near mid-slope only near crest only, or from several levels 0 6 12 Slope Height 2 m or less 2.1 to 5 m 5.1 to 10 m more than 10 m 0 2 4 8 Vegetation Cover on Slope Face well vegetated: heavy shrubs or forested with mature trees light vegetation: grass, weeds, occasional trees, shrubs no vegetation: bare 0 4 8 Table Land Drainage table land flat, no apparent drainage over slope minor drainage over slope, no active erosion drainage over slope, active erosion, gullies 0 2 4 Proximity of Watercourse to Slope Toe 15 m or more from slope toe Less than 15 m from slope toe 0 6 Previous Landslide Activity No Yes 0 6 Slope Instability Rating Low Potential < 24 Site Inspection only, confirmation, report letter Slight Potential 25-35 Site Inspection and surveying, preliminary study, detailed report Moderate Potential > 35 BH Investigation, piezometers, lab tests, surveying, detailed report Notes: Is there is a water body (stream, creek, river, pond, bay, lake) at the toe of slope? If YES - the potential for toe erosion and undercutting should be evaluated in detail. Cross Section 2 16976 April 11, 2019 Overcast, 3C 101 North Street Tillsonburg, ON M.Bertens 6 9 6 2 4 2 0 0 29 No Page 196 of 226 Slope Stability Rating Chart Geotechnical Principles for Stable Slopes Ontario Ministry of Natural Resources _______________________ Site Location: Town/City: Inspected by: Project No.: Inspection Date: Weather: Slope Inclination degrees or less (3H:1V or flatter) to 28 degrees (2H:1V to 3H:1V) degrees or more (steeper than 2H:1V) Rating Value 0 6 16 Slope Rating Soil Stratigraphy shale / limestone sand, gravel till clay, silt fill leda clay 0 6 9 12 18 24 Seepage from Slope Face none, or near bottom only near mid-slope only near crest only, or from several levels 0 6 12 Slope Height 2 m or less 2.1 to 5 m 5.1 to 10 m more than 10 m 0 2 4 8 Vegetation Cover on Slope Face well vegetated: heavy shrubs or forested with mature trees light vegetation: grass, weeds, occasional trees, shrubs no vegetation: bare 0 4 8 Table Land Drainage table land flat, no apparent drainage over slope minor drainage over slope, no active erosion drainage over slope, active erosion, gullies 0 2 4 Proximity of Watercourse to Slope Toe 15 m or more from slope toe Less than 15 m from slope toe 0 6 Previous Landslide Activity No Yes 0 6 Slope Instability Rating Low Potential < 24 Site Inspection only, confirmation, report letter Slight Potential 25-35 Site Inspection and surveying, preliminary study, detailed report Moderate Potential > 35 BH Investigation, piezometers, lab tests, surveying, detailed report Notes: Is there is a water body (stream, creek, river, pond, bay, lake) at the toe of slope? If YES - the potential for toe erosion and undercutting should be evaluated in detail. Cross Section 3 16976 April 11, 2019 Overcast, 3C 101 North Street Tillsonburg, ON M.Bertens 6 9 6 2 4 2 0 0 29 No Page 197 of 226 Slope Stability Rating Chart Geotechnical Principles for Stable Slopes Ontario Ministry of Natural Resources _______________________ Site Location: Town/City: Inspected by: Project No.: Inspection Date: Weather: Slope Inclination degrees or less (3H:1V or flatter) to 28 degrees (2H:1V to 3H:1V) degrees or more (steeper than 2H:1V) Rating Value 0 6 16 Slope Rating Soil Stratigraphy shale / limestone sand, gravel till clay, silt fill leda clay 0 6 9 12 18 24 Seepage from Slope Face none, or near bottom only near mid-slope only near crest only, or from several levels 0 6 12 Slope Height 2 m or less 2.1 to 5 m 5.1 to 10 m more than 10 m 0 2 4 8 Vegetation Cover on Slope Face well vegetated: heavy shrubs or forested with mature trees light vegetation: grass, weeds, occasional trees, shrubs no vegetation: bare 0 4 8 Table Land Drainage table land flat, no apparent drainage over slope minor drainage over slope, no active erosion drainage over slope, active erosion, gullies 0 2 4 Proximity of Watercourse to Slope Toe 15 m or more from slope toe Less than 15 m from slope toe 0 6 Previous Landslide Activity No Yes 0 6 Slope Instability Rating Low Potential < 24 Site Inspection only, confirmation, report letter Slight Potential 25-35 Site Inspection and surveying, preliminary study, detailed report Moderate Potential > 35 BH Investigation, piezometers, lab tests, surveying, detailed report Notes: Is there is a water body (stream, creek, river, pond, bay, lake) at the toe of slope? If YES - the potential for toe erosion and undercutting should be evaluated in detail. Cross Section 4 16976 April 11, 2019 Overcast, 3C 101 North Street Tillsonburg, ON M.Bertens 6 9 0 2 4 4 0 0 25 No Page 198 of 226 Client: Performance Communities Inc. Project Name: Proposed Residential Development – 101 North Street, Tillsonburg, ON Project Number: LON-00016976-GE Appendix C – Stable Slope Analyses Page 199 of 226 1.810Distance-1 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42Elevation234235236237238239240241242243Color Name Unit Weight (kN/m³)Cohesion'(kPa)Phi' (°)Clayey Silt Till22 5 30Sand 21 0 31Silt 21 0 30Cross Section 1 Shallow FailurePage 200 of 226 2.209Distance-1 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42Elevation234235236237238239240241242243Color Name Unit Weight (kN/m³)Cohesion'(kPa)Phi' (°)Clayey Silt Till22 5 30Sand 21 0 31Silt 21 0 30Cross Section 1 Moderate Depth FailurePage 201 of 226 3.225Distance-1 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42Elevation234235236237238239240241242243Color Name Unit Weight (kN/m³)Cohesion'(kPa)Phi' (°)Clayey Silt Till22 5 30Sand 21 0 31Silt 21 0 30Cross Section 1 Deep FailurePage 202 of 226 1.480Distance-1 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29Elevation237238239240241242243244Color Name Unit Weight (kN/m³)Cohesion'(kPa)Phi' (°)Clayey Silt Till22 5 30Sand 21 0 31Silt 21 0 30Cross Section 2 Shallow FailurePage 203 of 226 1.920Distance-1 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29Elevation237238239240241242243244Color Name Unit Weight (kN/m³)Cohesion'(kPa)Phi' (°)Clayey Silt Till22 5 30Sand 21 0 31Silt 21 0 30Cross Section 2 Moderate Depth FailurePage 204 of 226 3.244Distance-1 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29Elevation237238239240241242243244Color Name Unit Weight (kN/m³)Cohesion'(kPa)Phi' (°)Clayey Silt Till22 5 30Sand 21 0 31Silt 21 0 30Cross Section 2 Deep FailurePage 205 of 226 Client: Performance Communities Inc. Project Name: Proposed Residential Development – 101 North Street, Tillsonburg, ON Project Number: LON-00016976-GE Appendix D – Site Photos Page 206 of 226 Client: Performance Communities Inc. Project Name: Proposed Residential Development – 101 North Street, Tillsonburg, ON Project Number: LON-00016976-GE Photo 1: Slope at Section 2 and Section 3 Photo 2: Washout Area near Section 4 Photo 3: Minor Seepage and Erosion at Section 3 Photo 4: Drainage Channel at Botom of Slope Page 207 of 226 Client: Performance Communities Inc. Project Name: Proposed Residential Development – 101 North Street, Tillsonburg, ON Project Number: LON-00016976-GE Photo 5: New Drainage Tile Extending to Drainage Channel (photo provided by CJDL) Photo 6: Hickenbottom and berm constrcuted at the top of the slope (photo provided by CJDL) Page 208 of 226 Client: Performance Communities Inc. Project Name: Proposed Residential Development – 101 North Street, Tillsonburg, ON Project Number: LON-00016976-GE Appendix E – Limitations and Use of Report Page 209 of 226 Client: Performance Communities Inc. Project Name: Proposed Residential Development – 101 North Street, Tillsonburg, ON Project Number: LON-00016976-GE Limitations and Use of Report BASIS OF REPORT This report (“Report”) is based on site conditions known or inferred by the investigation undertaken as of the date of the Report. Should changes occur which potentially impact the condition of the site the recommendations of EXP may require re-evaluation. Where special concerns exist, or the Client has special considerations or requirements, these should be disclosed to EXP to allow for additional or special investigations to be undertaken not otherwise within the scope of investigation conducted for the p urpose of the Report. Where applicable, recommended field services are the minimum necessary to ascertain that construction is being carried out in general conformity with building code guidelines, generally accepted practices and EXP’s recommendations. Any reduction in the level of services recommended will result in EXP providing qualified opinions regarding the adequacy of the work. EXP can assist design professionals or contractors retained by the Client to review applicable plans, drawings, and specifications as they relate to the Report or to conduct field reviews during construction. RELIANCE ON INFORMATION PROVIDED The evaluation and conclusions contained in the Report are based on conditions in evidence at the time of site inspections and information provided to EXP by the Client and others. The Report has been prepared for the specific site, development, building, design or building assessment objectives and purpose as communicated by the Client. EXP has relied in good faith upon such representati ons, information and instructions and accepts no responsibility for any deficiency, misstatement or inaccuracy contained in the Report as a result of any misstatements, omissions, misrepresentation or fraudulent acts of persons providing information. Unles s specifically stated otherwise, the applicability and reliability of the findings, recommendations, suggestions or opinions expressed in the Report are only valid to the extent that there has been no material alteration to or variation from any of the inf ormation provided to EXP. If new information about the environmental conditions at the Site is found, the information should be provided to EXP so that it can be reviewed and revisions to the conclusions and/or recommendations can be made, if warranted. STANDARD OF CARE The Report has been prepared in a manner consistent with the degree of care and skill exercised by engineering consultants currently practicing under similar circumstances and locale. No other warranty, expressed or implied, is made. Unless specifically stated otherwise, the Report does not contain environmental consulting advice. COMPLETE REPORT All documents, records, data and files, whether electronic or otherwise, generated as part of this assignment form part of the Report. This material includes, but is not limited to, the terms of reference given to EXP by the Client, communications between EXP and the Client, other reports, proposals or documents prepared by EXP for the Client in connection with the site described in the Report. In or der to properly understand the suggestions, recommendations and opinions expressed in the Report, reference must be made to the Report in its entirety. EXP is not responsible for use by any party of portions of the Report. USE OF REPORT The information and opinions expressed in the Report, or any document forming part of the Report, are for the sole benefit of the Client. No other party may use or rely upon the Report in whole or in part without the written consent of EXP. Any use of the Report, or any portion of the Report, by a third party are the sole responsibility of such third party. EXP is not responsible for damages suffered by any third party resulting from unauthorised use of the Report. REPORT FORMAT Where EXP has submitted both electronic file and a hard copy of the Report, or any document forming part of the Report, only the signed and sealed hard copy shall be the original documents for record and working purposes. In the event of a dispute or discrepancy, the hard copy shall govern. Electro nic files transmitted by EXP utilize specific software and hardware systems EXP makes no representation about the compatibility of these files with the Client’s current or future software and hardware systems. Regardless of format, the documents described herein are EXP’s instruments of professional service and shall not be altered without the written consent of EXP. We trust this report satisfies your immediate requirements. If you have any questions regarding the information in this report, please do not hesitate to contact this office. EXP Services Inc. Page 210 of 226 Page 1 of 6 Report No: CP 2020-183 COMMUNITY PLANNING Council Date: July 27, 2020 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community Planning Application for Zone Change ZN 7-20-05 – 2539598 Ontario Inc. REPORT HIGHLIGHTS  The application for rezoning has been submitted to permit a retail store for the sale of cannabis on the subject lands.  Planning staff are recommending that the application not be supported, as it does not maintain the intent and purposes of the Official Plan to encourage commercial uses, including small retail uses, to be located in the Central Area of the Town. DISCUSSION Background OWNER: 2539598 Ontario Inc. 52 Simcoe Street, Tillsonburg ON N4G 2H5 APPLICANT: Jason Kane 34 Demeyere Avenue, Tillsonburg ON N4G 5C8 LOCATION: The subject lands are legally described as Lot 1302 & Part Lots 377, 1301 & 1303, Plan 500, and Part 1 of 41R-1073 in the Town of Tillsonburg. The lands are located on the north side of Simcoe Street, between Vienna Road and Pine Avenue, and are municipally known as 50-52 Simcoe Street in Tillsonburg. COUNTY OF OXFORD OFFICIAL PLAN: Schedule “T-1” Town of Tillsonburg Land Use Plan Service Commercial Page 211 of 226 Report No: CP 2020-183 COMMUNITY PLANNING Council Date: July 27, 2020 Page 2 of 6 TOWN OF TILLSONBURG ZONING BY-LAW NO.3295: Existing Zoning: Service Commercial Zone (SC) Proposed Zoning: Special Service Commercial Zone (SC-sp) to permit a cannabis retail store PROPOSAL: The purpose of the application is to rezone the subject lands to include a retail store as an additional permitted use on the subject property. The subject lands are approximately 0.69 ha (1.69 ac) in size, and contain an existing motel use, with a vacant commercial space with an approximate area of 400 m2 (4300 ft2). Surrounding land uses fronting on Simcoe Street are predominately commercial, with residential uses to the northeast and ravine lands and Big Otter Creek to the west and north. Plate 1, Location Map with Existing Zoning, shows the location of the subject property and the existing zoning in the immediate vicinity. Plate 2, 2015 Aerial Map provides an aerial view of the subject property. 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 1.3 of the PPS provides that planning authorities shall promote economic development and competitiveness by: • providing for an appropriate mix and range of employment (including industrial, commercial, and institutional uses) to meet long-term needs; • providing opportunities for a diversified economic base, including maintaining a range and choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses; • planning for, protecting and preserving employment areas for current and future uses; • ensuring the necessary infrastructure is provided to support current and projected needs. In the context of this section, the subject lands are considered to be a form of employment lands. Page 212 of 226 Report No: CP 2020-183 COMMUNITY PLANNING Council Date: July 27, 2020 Page 3 of 6 OFFICIAL PLAN: The subject lands are designated ‘Service Commercial’ according to the Land Use Plan for the Town of Tillsonburg, as contained in the Official Plan. Areas designated for Service Commercial use are intended to provide for a broad range of commercial uses that, for the most part, are not suited to locations within the Central Area because of their site area, access or exposure requirements or due to incompatibility or land use conflicts with residential development. Generally, Service Commercial uses cater to vehicular traffic and single-purpose shopping trips where customers are typically generated from passing traffic or a wide ranging market area. Service Commercial uses will have access to an arterial or collector road. New uses permitted within the Service Commercial designation include commercial recreational establishments, automotive service stations, gas bars, car wash facilities, retail sales of automotive supplies, automated teller machines or kiosks, tourist information outlets or kiosks, hotel, motels, automotive services, automotive dealerships, building supply outlets and hardware stores, nurseries and garden centres, animal hospitals and boarding kennels, assembly halls and private clubs, personal services, convenience commercial uses, retail food stores, recreation and entertainment uses, restaurants, uses which require large areas for on-site storage of goods or vehicles and other types of commercial uses that offer service to the travelling public, business and industry. The scale of uses within the Service Commercial designation will generally range from 3,500 ft 2 (325 m2) to 50,000 ft2 (4,645 m2). Uses of less than 3,500 ft2 (325 m2) will be encouraged to locate in the Central Area, where appropriate. The vision of the Central Area as articulated in the Official Plan is for a multi -functional core, serving as the business, cultural and administrative centre of the Town with sub areas to increase the diversity of activities to increase the number of people living and working in the Central Area of the Downtown. It is intended that the retail function of the Central Area is to be promoted by continuing to permit a full range of uses in the commercial core, while limiting the type, size, and scale of retail uses which are permitted outside the commercial core through the Zoning By-Law. The Central Area will be the first priority location for shopping area facilities and other uses that serve the primary trade area. New commercial development should, where feasible, be located in the Central Area to complement the existing commercial structure of the Central Area. New or expanding retail developments outside of the Central Area requiring a planning approval will be subject to planning and market impact studies in accordance with Section 8.3.3.1 which show to the satisfaction of the County and the Town of Tillsonburg, that the type and size of proposed facilities are warranted, that no suitable Central Area locations are available for such facilities, and that the planned function of Tillsonburg’s Central Area will not be significantly p rejudiced or impacted. TOWN OF TILLSONBURG ZONING BY-LAW: The subject property is currently zoned ‘’Service Commercial Zone (SC)’, according to the Town of Tillsonburg Zoning By-law. Permitted uses within the ‘Service Commercial Zone (SC)’ include a wide variety of automobile- oriented service-commercial uses outlined in Section 14.1. Page 213 of 226 Report No: CP 2020-183 COMMUNITY PLANNING Council Date: July 27, 2020 Page 4 of 6 The Town’s Zoning By-Law does not include a distinct definition for a cannabis retail outlet and as such, it is considered to be a retail store, in the general sense. A Retail Store is defined as “a building or part of a building, in which goods, wares, merchandise, or articles are offered for sale, but do not include any establishment otherwise defined or classified herein”. A retail store is not a permitted use in the Service Commercial zone. AGENCY COMMENTS: The application was circulated to various public agencies considered to have an interest in the proposal. The Tillsonburg Building Services Department provided the following comments:  applicant should confirm/demonstrate that the proposed location will meet AGCO requirements;  applicant should be required to demonstrate that this is not a viable option within the permitted Central Commercial zone;  if approved, this Department has concerns that a precedent will be established that could potentially lead to similar uses such as the LCBO to leave the Central Area. The Tillsonburg District Chamber of Commerce provided the following comment: "The TDCC Board has reviewed this application. The TDCC Board trusts the Town's Cannabis policy. The TDCC believes that the Town and Chamber together will continue to have a vested interest in the continuation of a healthy and vibrant downtown space. However, this application seems to be one that is eligible for an exception and therefore we are supporting this application for rezoning.” The Town Development Commissioner provided the following comment: I have no concerns with the proposed rezoning. The ancillary building on the 52 Simcoe St property has been vacant, to my knowledge, since at least 2007. Rezoning the property to add in Cannabis Retail as a use would enable the building to be redeveloped and enhance the overall streetscape of our community while supporting an existing business in the community. Since Cannabis has just recently been made legal, this use was not contemplated in the current zoning bylaw. Although this is a retail use outside of the downtown, there are limited suitable sites in the downtown due to the specific requirements for Cannabis Retail as stipulated by the Ontario and Federal Governments. Further, the 52 Simcoe St site offers suitable parking and access for retail customers and should be able to be accommodated without affecting the neighbourhood. The Town of Tillsonburg Engineering Services Department, and Oxford County Public Works Department have indicated they have no comment with respect to this application. PUBLIC CONSULTATION: Notice of complete application and notice of public meeting regarding this application were circulated to surrounding property owners on April 23, 2020 and July 13, 2020, in accordance with the requirements of the Planning Act. As of the writing of this report, no comments have been received from the public. Page 214 of 226 Report No: CP 2020-183 COMMUNITY PLANNING Council Date: July 27, 2020 Page 5 of 6 Planning Analysis The application for zone change proposes to permit a retail store for the sale of cannabis on the subject lands. The use is proposed to be established within a vacant storefront, approximately 232 m2 (2500 ft2) in size. The Town Zoning By-Law does not include a separate definition for a cannabis retail outlet and as such, it is considered to be a retail store, in the general sense. The policy framework for employment areas in Tillsonburg as contained in the Official Plan is designed to ensure that the Central Area of the Town, encompassing the Central Business District and the Entrepreneurial District, remains as the most functionally diverse area of the Town and will serve as the primary business, cultural, and administrative centre within the Town. Supporting elements of the policy framework include Official Plan policies directing business, professional, retail and other uses to the Central Area first, and limiting the proliferation of these uses elsewhere in the Town. It is clear that the Official Plan’s strategic goal is to provide a range of locations for new or expanded retail facilities within the Central Area, wherever possible and practical. New commercial development should, wherever feasible, be located in the Central Area to complement the existing commercial structure of the Central Area. In this particular instance, Planning staff are of the opinion that the establishment of a retail store, as proposed on the subject lands, does not maintain the general intent and purpose of the Official Plan. Service Commercial areas are not intended to accommodate a broad range of commercial uses that are typically characteristic of the Central Area location and will not directly compete with the Central Area. The size of the proposed retail use is less than the threshold of 3,500 ft2 (325 m2) established in the policies of the Service Commercial designation, which is considered to be the size where uses may not be able to be readily accommodated in the Central Area. Uses smaller than this threshold are expected to locate in the Central Area. While there have been limited instances of retail development in service commercial areas in Tillsonburg in the recent past, such as donated goods retail stores, in these instances, such uses have been typically identified as requiring larger areas for donated goods drop off, sorting, and disposal needs. Many of these uses also typically include an employment or training use in part of their business model. Due to these unique characteristics, these uses may not be well suited to a Central Area location. These types of retail uses can be differentiated from other retail uses that can be more readily accommodated in the Central Area on the basis of scale and area requirements that may not be suitably accommodated within the Central Area for the use to properly function. In light of the policy direction in the Official Plan to direct all professional, retail, and business offices to the Central Area first, and only permit business uses in Service Commercial areas that have demonstrated they are not suited to the Central Area because of their land area, building area, access or exposure requirements, or compatibility requirements, Planning staff are of the opinion that locating the proposed retail store on lands designated for service commercial use does not satisfy these policy tests and does not comply with the general intent and purpose of the Official Plan. Page 215 of 226 Report No: CP 2020-183 COMMUNITY PLANNING Council Date: July 27, 2020 Page 6 of 6 RECOMMENDATION 1. It is recommended that the Council of the Town of Tillsonburg not approve the zone change application submitted by 2539598 Ontario Inc., whereby the lands described as as Lot 1302 & Part Lots 377, 1301 & 1303, Plan 500, and Part 1 of 41R-1073, Town of Tillsonburg, known municipally as 52 Simcoe Street are to be rezoned from ‘Service Commercial Zone (SC)’ to ‘Special Service Commercial Zone (SC-xx)’ to permit a retail store as an additional permitted use on the subject lands as the proposal does not maintain the intent and purpose of the Official Plan regarding development in Service Commercial areas. SIGNATURES Authored by: Eric Gilbert, MCIP, RPP Senior Planner Approved for submission by: Gordon K. Hough, RPP Director Page 216 of 226 April 22, 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: ZN 7-20-02 - 2539598 Ontario Inc Lot 1302, Part Lots 1301, 1303, 377, Plan 500 and Part 1 Plan 41R-1073, 52 Simcoe Street, Town of Tillsonburg Simcoe Street Subject Lands Cedar Street Potters Road Tillson Street Pine Avenue Page 217 of 226 April 22, 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) Plate 2: 2015 Aerial Map File No: ZN 7-20-02 - 2539598 Ontario Inc Lot 1302, Part Lots 1301, 1303, 377, Plan 500 and Part 1 Plan 41R-1073, 52 Simcoe Street, Town of Tillsonburg Subject Property Page 218 of 226 2539598 Ontario Inc. ZN 7-20-05 Apr. 17/20 000410227Apr. 20/20 Page 219 of 226 Page 220 of 226 Page 221 of 226 2539598 Ontario Inc. Jason Kane Page 222 of 226 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 ‘R2-23’ the zone symbols of the lands so designated ‘R2-23’ on Schedule “A” attached hereto. 2. That Section 7.5 to By-Law Number 3295, as amended, is hereby further amended by adding the following at the end thereof: “7.5.23 LOCATION: LOT 86, PLAN 41M-139, NORTH SIDE OF WOODLAND CRESCENT, SOUTH SIDE OF TRILLIUM DRIVE, WEST SIDE OF QUARTER TOWN LINE, R2-23 (KEY MAP 1) 7.5.23.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R2-23 zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: All uses permitted in Table 7.1. 7.5.23.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R2-23 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 7.5.23.2.1 PROVISIONS FOR SINGLE DETACHED DWEL LINGS 7.5.23.2.1.1 LOT COVERAGE Maximum 45% 7.5.23.2.1.2 EXTERIOR SIDE YARD WI DTH Minimum 4.5 m (14.76 ft) 7.5.23.2.1.3 REAR YARD DEPTH Minimum 6 m (19.69 ft) Page 223 of 226 By-law 2020-___ Page 2 of 2 7.5.23.2.1.4 SETBACK FROM CENTREL INE OF ARTERIAL ROAD Minimum 19.6 m (64.3 ft) 7.5.23.2.2 PROVISIONS FOR SEMI -DETACHED DWELLINGS 7.5.23.2.2.1 LOT COVERAGE Maximum 50% 7.5.23.2.2.2 EXTERIOR SIDE YARD WI DTH Minimum 4.5 m (14.76 ft 7.5.23.2.2.3 REAR YARD DEPTH Minimum 6 m (19.69 ft) 7.5.23.2.2.4 SETBACK FROM CENTREL INE OF ARTERIAL ROAD Minimum 19.6 m (64.3 ft) 7.5.23.3 That all of the provisions of the R2 Zone in Section 7.2 of this By-Law, as amended, shall apply and further, that all other provisions of this By-Law, as amended, that are consistent with the provisions herein shall continue to apply mutatis mutandis.” 3. This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. READ A FIRST AND SECOND TIME THIS 13th day of JULY, 2020. READ A THIRD TIME AND FINALLY PASSED this 13th day of JULY, 2020. ___________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK – Michelle Smibert Page 224 of 226 QUARTER TOWN LINEWOODLAND CRES TRILLIUM DR B L O C K 8 6 R E G I S T E R E DP L A N 4 1 M - 1 3 9 N78°37'50"E 35.00 N78°37'50"E 35.00N11°22'10"W 72.50N11°22'10"W 72.50SCHEDULE "A" BLOCK 86, REGISTERED PLAN 41M-139TOWN OF TILLSONBURG AREA OF ZONE CHANGE TO R2-23 NOTE: ALL DIMENSIONS IN METRES THIS IS SCHEDULE "A" MAYOR - Stephen Molnar TOWN CLERK - Michelle Smibert TO BY-LAW No. ________________, PASSED THE __________ DAY OF ____________, 2020 TO BY-LAW No.© 7 0 7 14 213.5 METRES 27 July Page 225 of 226 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2020-073 BEING A BY-LAW to confirm the proceedings of Council at its meeting held on the 27th day of July, 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 July 27, 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 27th DAY OF JULY, 2020. READ A THIRD AND FINAL TIME AND PASSED THIS 27th DAY OF JULY, 2020. ________________________________ MAYOR – Stephen Molnar _______________________________ TOWN CLERK – Michelle Smibert Page 226 of 226