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200727 Council MIN 1 MINUTES Monday, July 27, 2020 4:30 PM Electronic Meeting ATTENDANCE: Mayor Molnar Deputy Mayor Beres Councillor Esseltine Councillor Gilvesy Councillor Luciani Councillor Parker Councillor Rosehart Staff: Kyle Pratt, Chief Administrative Officer Michelle Smibert, Town Clerk Daniel Locke, Manager of Public Works Shayne Reitsma, Manager of Engineering Amelia Jaggard, Deputy Clerk _____________________________________________________________________ 1. Call to Order 2. Adoption of Agenda Resolution # 2020-343 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT the Agenda as prepared for the Council meeting of Monday, July 27, 2020, be adopted. Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof 2 Deputy Mayor - 5.1 (Broadway TSB Inc.) as he owns commercial property between the downtown core and the commercial property. Councillor Gilvesy - 5.1 (Broadway TSB Inc.) as she owns property in the BIA Zone and her husband owns property in the area of the subject property. Councillor Rosehart - 5.1(Broadway TSB Inc.) - her son owns property in the downtown area. 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.) Eric Gilbert, Senior Planner, Oxford County, provided an overview of the application. Staff is satisfied with the application and feels that it conforms to the Official Plan, Zoning By-Law and Provincial Policy Statement. Councillor Esseltine asked about the requirement for 3,500 square feet per unit and wondered why the proposed sketch shows a plan with units that are 2,000 square feet. The Planner noted that the owner does not know the tenants yet and as such the unit might be smaller than 3,500 square feet. Vladimir Rudenko, associated with the applicant provided some additional information as it related to the application. Other associates were available for any questions. Yaso Somalingam, owner of Cantam Group gave an overview of the application process and the series of meetings with staff on this proposal. The Mayor noted that in 2003 when an investment was originally introduced in that area, there was some discussion about support for the BIA and he asked if this development could provide similar support. Rowan Faludi of Urbanmetrics noted that the Town and County are his clients. He reviewed the health of the central area and any impacts this development would have on the downtown and the best types of businesses to be located there. They were looking at more of neighbourhood type uses and indicated they would supplement what is currently in the downtown area. 3 Mark Renaud, Executive Director of the BIA provided support of the application. Resolution # 2020-344 Moved By: Councillor Esseltine Seconded By: Councillor Parker 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. Carried 5.2 Applications for Official Plan Amendment & Zone Change OP 20-10-7 & ZN 7-20-07 (Hayhoe Rentals Limited) Eric Gilbert, Senior Planner, Oxford County, provided an overview of the application. There are no updates to the traffic study that are required and the proposed development conforms to the development on the adjacent lands. The applicant has provided a site plan application for the proposal. Recommendations of the noise study will be included as part of the site plan agreement. Mayor Molnar asked about egress and access and the planner noted that there is an access off of North Street and there is another one off Livingston Drive (there is a block in that subdivision for the purposes of access). Harry Froussios, from Zelinka Priamo, agent provided some additional information about the proposal. 4 Councillor Esseltine asked if the development would be rental or owned? The developer noted that the units would be offered by a tenancy agreement. Councillor Luciani asked about the mix of the development and the developer noted that there will be a mix of one story and two story units with two stories being the maximum height. Councillor Parker asked about the tenancy rate and Mr. Hayhoe noted that the rate will be based on the market rental rate. Resolution # 2020-345 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres 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. Carried 5.3 Application for Zone Change ZN 7-20-05 (2539598 Ontario Inc.) Eric Gilbert, Senior Planner, Oxford County, provided an overview of the application. He indicated that this application does not satisfy the policy test as it does not meet the minimum square footage threshold and that this type of application should be located in the downtown/central area. Council had some questions about the application including whether or not "cannabis" should be a definition included in the Zoning By-Law. The Mayor asked if the AGCO requires such retail stores to be single story in order to sell cannabis. 5 The applicant noted he has been running a business in the downtown for two years now and was looking for a downtown location. The AGCO indicates that there can't be tenancy above the retail space. The Mayor asked the applicant if he would support a rezoning that would limit the site specific use for cannabis only. Resolution # 2020-346 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council 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 site specific cannabis retail store as the only additional permitted use on the subject lands. Carried 6. Planning Applications 7. New Business 8. Motions/Notice of Motions 9. By-Laws 9.1 A By-Law to amend Zoning By-Law Number 3295 (ZN 7-20-02) Resolution # 2020-347 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart 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. Carried 10. Confirm Proceedings By-law 6 Resolution # 2020-348 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart 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. Carried 11. Items of Public Interest 12. Adjournment Resolution # 2020-349 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT the Council Meeting of Monday, July 27, 2020 be adjourned at 6:28 p.m. Carried