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200824 Regular Council Meeting AgendaThe Corporation of the Town of Tillsonburg COUNCIL MEETING AGENDA Monday, August 24, 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, August 24, 2020, be adopted. 3.Disclosures of Pecuniary Interest and the General Nature Thereof 4.Adoption of Council Minutes of Previous Meeting 5.Public Meetings Proposed Resolution #2 Moved By: ________________ Seconded By: ________________ THAT Council move into the Committee of Adjustment to hear applications for Minor Variance at _________ p.m. 5.1 Application for Minor Variance A08-20 (David Vandermeersch) Proposed Resolution #3 Moved By: ________________ Seconded By: ________________ THAT the Committee of Adjustment approve Application File A08-20, submitted by David Vandermeersch, for lands described as Part Lots 640 & 641, Plan 500, Parts 2, 4, & 5 of 41R-609 in the Town of Tillsonburg, as it relates to: Table 5.1.1.4– Regulations for Accessory Buildings and Structures - Residential – Lot Coverage – to increase the maximum permitted lot coverage for all accessory buildings and structures from 50 m2 (538.2 ft2) to 70 m2 (753.47 ft2); 1. Table 6.2 – Low Density Residential Type 1 Zone Provisions (R1) – Interior Side Yard – to reduce the minimum required interior side yard width from 1.2 m (3.9 ft) to 0.69 m (2.26 ft) to permit an addition to an existing detached accessory structure. 2. Subject to a building permit for the proposed accessory building addition being issued within one year of the date of the Committee's decision. Proposed Resolution #4 Moved By: ________________ Seconded By: ________________ THAT Council move out of the Committee of Adjustment and move back into regular Council session at ____________ p.m. 5.2 Application for Zone Change ZN 7-20-08 (Mike Hutchinson Properties Inc.) Proposed Resolution #5 Moved By: ________________ Seconded By: ________________ THAT Council approve the zone change application, File No. ZN 7-20-08, as submitted by Mike Hutchinson Properties Inc., for lands described as Part Lot 72, Lot 72A, Plan 500, in the Town of Tillsonburg, to rezone the subject lands to provide for a reduced interior side yard width for street fronting townhouse dwellings and to remove the Holding Provision from properties within the Northcrest Estates draft plan of subdivision. 6.Planning 6.1 CP 2020-214 Temporary Use By-Law for Restaurant Patios Proposed Resolution #6 Moved By: ________________ Seconded By: ________________ THAT a By-Law to implement a temporary use by-law to exempt outdoor patios within the Town of Tillsonburg from the provisions of Town of Tillsonburg Zoning By-Law No. 3295, to December 31, 2021, be brought forward for Council's consideration. 7.New Business Page 2 of 55 8.Motions/Notice of Motions 9.By-Laws 9.1 A By-Law to Amend Zoning By-Law 3295 (ZN 7-20-08) 9.2 A By-Law to Amend Zoning By-Law 3295 (ZN 7-19-07) 9.3 A By-Law to Amend Zoning By-Law 3295 (ZN 7-19-14) 9.4 A By-Law to Amend Zoning By-Law 3295 (ZN 7-20-07) 9.5 A By-Law to Amend Zoning By-Law 3295 (Temporary Patios) 9.6 A By-Law to amend Schedule A of By-Law 2020-019 Proposed Resolution #7 Moved By: ________________ Seconded By: ________________ THAT A By-Law to Amend Zoning By-Law 3295 (ZN 7-20-08); and A By-Law to Amend Zoning By-Law 3295 (ZN 7-19-07); and A By-Law to Amend Zoning By-Law 3295 (ZN 7-19-14); and A By-Law to Amend Zoning By-Law 3295 (ZN 7-20-07); and A By-Law to Amend Zoning By-Law 3295 (Temporary Patios); and A By-Law to amend Schedule A of By-Law 2020-019, 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 #8 Moved By: ________________ Seconded By: ________________ THAT By-Law 2020-082, to Confirm the Proceedings of the Council Meeting held on August 24, 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 Page 3 of 55 Proposed Resolution #9 Moved By: ________________ Seconded By: ________________ THAT the Council Meeting of Monday, August 24, 2020 be adjourned at ______ p.m. Page 4 of 55 Community Planning P. O. Box 1614, 21 Reeve Street Woodstock Ontario N4S 7Y3 Phone: 519-539-9800  Fax: 519-421-4712 Web site: www.oxfordcounty.ca Our File: A08-20 APPLICATION FOR MINOR VARIANCE TO: Town of Tillsonburg Committee of Adjustment MEETING: August 24, 2020 REPORT NUMBER: 2020-213 OWNER/ APPLICANT: David Vandermeersch 16 Concession Street West, Tillsonburg ON, N4G 1R2 REQUESTED VARIANCES: 1. Table 5.1.1.4– Regulations for Accessory Buildings and Structures - Residential – Lot Coverage – to increase the maximum permitted lot coverage for all accessory buildings and structures from 50 m2 (538.2 ft2) to 70 m2 (753.47 ft2); 2. Table 6.2 – Low Density Residential Type 1 Zone Provisions (R1) – Interior Side Yard – to reduce the minimum required interior side yard width from 1.2 m (3.9 ft) to 0.69 m (2.26 ft) to permit an addition to an existing detached accessory structure. LOCATION: The subject property is described as Part Lots 640 & 641, Plan 500, Parts 2, 4, & 5 of 41R-609 in the Town of Tillsonburg. The property is located on the north side of Concession Street West, between Ann Street and Broadway, and is municipally known as 16 Concession Street West. BACKGROUND INFORMATION: COUNTY OF OXFORD OFFICIAL PLAN: Schedule ‘T-1’ Town of Tillsonburg Land Use Plan Residential Schedule ‘T-2’ Town of Tillsonburg Residential Density Plan Low Density Residential TOWN OF TILLSONBURG ZONING BY-LAW : Low Density Residential Type 1 Zone (R1) Page 5 of 55 File Number: A08-20 Report Number 2020-213 Page 2 SURROUNDING USES: Predominately low density residential uses, consisting of single detached dwellings and duplex dwellings. COMMENTS: (a) Purpose of the Application: The applicant is requesting relief from the above-noted sections of the Town Zoning By-law to facilitate the construction of an addition to an existing detached accessory structure on the subject lands. Specifically, the applicant is proposing to construct an addition with an approximate area of 35.7 m2 (384 ft2) to the existing detached accessory structure comprising approximately 7.32 m (24 ft) x 4.88 m (16 ft) in size. The subject property is approximately 918 m2 (9,881 ft2) in size, with approximately 17 m (56 ft) of frontage on Concession Street West. The subject lands contain an existing single detached dwelling (circ. 1920), with a detached garage (circ. 1900) located near the northwest corner of the property. The existing detached accessory building has an approximate area of 34.3 m2 (370 ft2), and is situated 0.55 m (1.8 ft) from the northerly lot line and 0.82 m (2.69 ft) from the westerly line. The applicant has indicated that they intend to use the additional space for the parking of automobiles and personal storage purposes. The proposed addition will make use of the existing structure which remains in good condition. Plate 1, Location Map with Existing Zoning, shows the location of the subject property and the zoning in the immediate vicinity. Plate 2, Close-up of Subject Lands (2015 Air Photo) provides an aerial view of the subject lands (as they existed in 2015). Plate 3, Applicant’s Sketch, shows the location, size and setbacks of the existing dwelling, accessory building and the proposed addition to the accessory building. (b) Agency Comments: The application was circulated to a number of public agencies. The Town Building Department indicated that the proposed reduction in the required interior side yard width will be subject to the Ontario Building Code as it relates to limiting distance / spatial separation construction for the addition. The Town Engineering Services Department indicated that a lot grading plan will be required prior to Building Permit issuance. (c) Public Consultation: Public Notice was provided to surrounding property owners on August 14, 2020 in accordance with the requirements of the Planning Act. As of the writing of this report, no comments or concerns had been received from the public. Page 6 of 55 File Number: A08-20 Report Number 2020-213 Page 3 (d) Intent and Purpose of the Official Plan: The subject lands are designated ‘Low Density Residential’ according to the Official Plan. Within the ‘Low Density Residential’ designation, permitted land uses primarily consist of low density housing forms including single detached dwellings, duplexes and street fronting town houses as well as accessory uses thereto. The use of the lands for a single detached dwelling and accessory uses thereto conforms to the ‘Low Density Residential’ policies of the Official Plan. (e) Intent and Purpose of the Zoning By-law: The subject property is zoned ‘Low Density Residential Type 1 Zone (R1)’ in the Town Zoning By-law, which permits a single detached dwelling, as well as residential accessory structures. The ‘R1’ zone requires a minimum lot area of 608 m2 (6,544.7 ft2) and a minimum lot frontage of 15 m (49.2 ft) for a corner lot, as well as a minimum lot depth of 32 m (105 ft). Table 5.1.1.4 of the Zoning By-law establishes the development standards for accessory buildings and structures and provides that residential accessory buildings shall be located a minimum of 1.2 m (3.9 ft) from the main building on the property and shall have a maximum lot coverage of 50 m2 (538.2 ft2) or 10% of lot coverage (whichever is less), and shall be located in accordance with the minimum yard setback requirements of the applicable zone. These provisions are intended to ensure such structures remain clearly secondary and ancillary to the main use of the property, while having minimal impacts on neighbouring properties. These provisions also assist in ensuring sufficient space is maintained on the property to accommodate for grading and drainage, private amenity space and to ensure that adequate area is provided between buildings and lot lines for typical maintenance purposes. In this instance, the applicant is proposing to construct an addition to an existing residential accessory building, with a total area of 70 m2 (753.47 ft2) in size. As per the submitted site sketch, the existing accessory building does not maintain the minimum required interior side yard width, however this is considered legal non-conforming due to the age of the structure (circ. 1900). Although the proposed addition will be located slightly closer to the interior lot line than the existing structure, the addition is proposed to extend from the existing foundation wall. Prior to building permit issuance, a lot grading plan will be required to ensure that adjacent properties are not negatively impacted. At approximately 918 m2 (9,881 ft2), it is recognized that sufficient lot area exists on the subject property to adequately provide for drainage and amenity space. It is the opinion of this office that the proposed increase to the permitted accessory building lot coverage meets the intent of the Town Zoning By-law, as the total area of the proposed accessory structure can be considered to be secondary or ancillary to the main use of the property for residential purposes, which consists of a dwelling approximately 162 m2 (1,744 ft2) in size. Further, staff are of the opinion that the minor increase to the lot coverage and reduced interior side yard width for the proposed addition to the existing detached garage can be considered reasonable for the needs of a residential use. Page 7 of 55 File Number: A08-20 Report Number 2020-213 Page 4 (f) Desirable Development/Use: The proposed variance seeks to allow for a reduced interior side yard width and an increase to the maximum lot coverage permitted for a residential accessory building on the subject lands. Staff are of the opinion that the proposal is appropriate and would not create an undesirable precedent as subject property is sufficiently large to accommodate the proposed structure size without resulting in typical lot coverage issues related to overdevelopment or adversely impacting neighbouring properties. Planning staff have reviewed the applicant’s request and are of the opinion that given the nature of the proposal it is in keeping with the Town Zoning By-law as the proposed relief represents a minor deviation from the maximum lot coverage provisions and interior side yard requirements as contained within the Town’s Zoning By-law. Overall, staff are of the opinion that this proposal is minor in nature and satisfies the four tests for minor variance as set out in Section 45(1) of the Planning Act and can be supported from a Planning perspective. In light of the foregoing, it is the opinion of this Office that the requested relief is in keeping with the general intent and purpose of the Official Plan and Town Zoning By-law and can be given favourable consideration. RECOMMENDATION: That the Town of Tillsonburg Committee of Adjustment approve Application File A08-20, submitted by David Vandermeersch, for lands described as Part Lots 640 & 641, Plan 500, Parts 2, 4, & 5 of 41R-609 in the Town of Tillsonburg, as it relates to: 1. Table 5.1.1.4– Regulations for Accessory Buildings and Structures - Residential – Lot Coverage – to increase the maximum permitted lot coverage for all accessory buildings and structures from 50 m2 (538.2 ft2) to 70 m2 (753.47 ft2); 2. Table 6.2 – Low Density Residential Type 1 Zone Provisions (R1) – Interior Side Yard – to reduce the minimum required interior side yard width from 1.2 m (3.9 ft) to 0.69 m (2.26 ft) to permit an addition to an existing detached accessory structure. Subject to the following condition: i. A building permit for the proposed accessory building addition shall be issued within one year of the date of the Committee's decision. As the proposed variances are: (i) minor variances from the provisions of the Town of Tillsonburg Zoning By-law No. 3295; (ii) desirable for the appropriate development or use of the land; (iii) in-keeping with the general intent and purpose of the Town of Tillsonburg Zoning By-law No. 3295; and Page 8 of 55 File Number: A08-20 Report Number 2020-213 Page 5 (iv) in-keeping with the general intent and purpose of the Official Plan. Authored by: Eric Gilbert, MCIP, RPP Senior Planner Approved for submission by: Gordon K. Hough, RPP Director Page 9 of 55 August 18, 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) Concession St W Ann St Gowrie St W BroadwayVictoria St Rolph St Bidwell St Wolf St Subject Property Plate 1: Location Map with Existing Zoning File No: A08-20: David Vandermeersch Part Lots 640 & 61, Plan 500, Parts 2, 4, 5 of 41R-609, 16 Concession Street West, Tillsonburg Page 10 of 55 August 18, 2020 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 260 Notes NAD_1983_UTM_Zone_17N 13 Meters Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) Plate 2: Close-up of Subject Lands (2015 Air Photo) File No: A08-20: David Vandermeersch Part Lots 640 & 61, Plan 500, Parts 2, 4, 5 of 41R-609, 16 Concession Street West, Tillsonburg Page 11 of 55 Plate 3: Applicant's Sketch File No: A08-20: David Vandermeersch Part Lots 640 & 61, Plan 500, Parts 2, 4, 5 of 41R-609, 16 Concession Street West, Tillsonburg Page 12 of 55 a08-20000260306 Page 13 of 55 Page 14 of 55 Page 15 of 55 Page 16 of 55 Page 17 of 55 Page 18 of 55 Page 19 of 55 Page 1 of 5 Report No: CP 2020-199 COMMUNITY PLANNING Council Date: August 24, 2020 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community Planning Application for Zone Change ZN 7-20-08 – Mike Hutchinson Properties Inc. REPORT HIGHLIGHTS  The application for zone change proposes to remove the holding provision from the Northcrest Estates Plan of subdivision. The appropriate servicing works are underway and development agreements have been completed. Removal of the holding provision will allow for the issuance of building permits once servicing works are completed and approved.  The development consists of 78 lots for single detached dwellings and 20 blocks for street- fronting townhouses, totalling 80 units.  It is also proposed to include relief of the minimum required interior side yard width for street- fronting townhouses to permit an interior side yard width of 1.2 m (3.9 ft).  Planning staff are recommending approval of the application, as sufficient water and wastewater capacity is available for the development, and all necessary development agreements have been completed, and the reduced interior side yard width can be considered appropriate. DISCUSSION Background OWNER: Mike Hutchinson Properties Inc. 101 Spruce Street West, Aylmer ON, N5H 1B4 LOCATION: The subject lands are described as Part Lot 72, Lot 72A, Plan 500, in the Town of Tillsonburg. The lands are located on the south side of North Street East, between Falcon Road and Tillson Avenue, in the Town of Tillsonburg. COUNTY OF OXFORD OFFICIAL PLAN: Schedule “T-1” Town of Tillsonburg Land Use Plan Residential Schedule “T-2” Town of Tillsonburg Residential Density Plan Low Density Residential Page 20 of 55 Report No: CP 2020-199 COMMUNITY PLANNING Council Date: August 24, 2020 Page 2 of 5 TOWN OF TILLSONBURG ZONING BY-LAW NO.3295: Existing Zoning: Special Low Density Residential Type 2 Holding Zone (R2-20 (H)) Special Low Density Residential Type 2 Holding Zone (R2-21 (H)) Special Low Density Residential Type 3 Holding Zone (R3-16 (H)) Future Development Zone (FD) Passive Open Space Zone (OS1) Active Use Open Space Zone (OS2) Proposed Zoning: Special Low Density Residential Type 2 Zone (R2-20) Special Low Density Residential Type 2 Zone (R2-21) Amended Special Low Density Residential Type 3 Zone (R3-16) Future Development Zone (FD) Passive Open Space Zone (OS1) Active Use Open Space Zone (OS2) PROPOSAL: The purpose of the Application for Zone Change is to remove a holding provision on the subject lands to allow for the development of single detached dwellings and street fronting townhouse dwellings. The applicant also proposes to reduce the required interior side yard width for street fronting townhouses within the R3-16 zone from 3.0 m (9.8 ft) to 1.2 m (3.9 ft). This provision was inadvertently omitted during the drafting of amending By-Law 4364, which was adopted by Town Council on December 10, 2019 (ZN 7-19-10). The subject lands comprise approximately 9.83 ha (24.3 ac) and are currently being serviced with municipal services. Surrounding uses include planned and existing low density residential development on the north side of North Street East, the Trans-Canada Trail to the south, and a mix of high density and low density residential uses to the south. A sewage pumping station is located adjacent to the west, with other service commercial uses present further west on the south side of North Street East. Appropriate development agreements have been completed and the subdivision agreement will be registered on the lands in the near future. The applicant is working towards satisfying the conditions of draft approval and the registration of the subdivision is imminent. The owner has now requested that the holding provision on the lands be lifted to allow for the issuance of building permits for the lands within this phase once the plan of subdivision has been registered and all servicing works have been completed and approved. Plate 1, Location Map with Existing Zoning, depicts the location of the subject lands and the existing zoning within the draft plan of subdivision. Plate 2, Proposed Registered Plan, provides the proposed lots to be registered as part of the Northcrest Estates Plan of Subdivision. Page 21 of 55 Report No: CP 2020-199 COMMUNITY PLANNING Council Date: August 24, 2020 Page 3 of 5 Application Review PROVINCIAL POLICY STATEMENT: The 2020 Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Under Section 3 of the Planning Act, where a municipality is exercising its authority affecting a planning matter, such decisions “shall be consistent with” all policy statements issued under the Act. Section 1.1.3.1 of the PPS states that Settlement Areas will be the focus of growth and their vitality and regeneration shall be promoted. Section 1.1.1 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. OFFICIAL PLAN: The subject lands are designated ‘Low Density Residential’ according to the Official Plan. Within the ‘Low Density Residential’ designation, permitted land uses are primarily low density housing forms including single detached dwellings, duplexes and street fronting town houses and accessory uses. The use of the lands for single detached dwellings, street-fronting townhouses and accessory uses thereto conforms to the ‘Low Density Residential’ policies of the Official Plan. TOWN OF TILLSONBURG ZONING BY-LAW: The subject phase of the draft approved plan is currently zoned ‘R2-20 (H)’, ‘R2-21 (H)’, ‘R3-16 (H)’, FD, OS1 & OS2 according to the Town of Tillsonburg Zoning By-law. The R3 zone requires end units of street fronting townhouses to provide a 3.0 m (9.8 ft) interior side yard; the applicant proposes to reduce this to 1.2 m (3.9 ft). The purpose of interior side yard widths is to ensure that adequate separation is provided between the dwelling and interior lot lines for access to rear yards and maintenance purposes, and to accommodate any required drainage swales. Section 36 of the Planning Act governs the use of Holding Provisions. Holding provisions are typically used to ensure that technical or administrative matters are addressed prior to the intended use of a property being permitted. Removal of holding provisions does not require public notice or circulation of the application, and the only right to appeal lies with the applicant. In this instance, holding provisions were applied to ensure that appropriate development agreements are in place and adequate water and wastewater capacity is assigned to the development prior to the construction of dwelling units. The applicant proposes to remove the holding provision to allow the lands to be used for residential purposes. Page 22 of 55 Report No: CP 2020-199 COMMUNITY PLANNING Council Date: August 24, 2020 Page 4 of 5 AGENCY COMMENTS: The application was circulated to various public agencies considered to have an interest in the proposal. The Town Building Services Department and Town Engineering Services Department indicated that they have no concerns with the request to remove the holding provision from the lands and provide for a reduced interior side yard width for street fronting townhouse dwellings. The Oxford County Public Works Department indicated that they have no objection to the request, as there is adequate water and wastewater treatment capacity to service the proposed development. Planning Analysis It is the opinion of this Office that the proposed zoning application is consistent with the policies of the Provincial Policy Statement and is in keeping with the policies of the Official Plan and can therefore be supported from a planning perspective. The requested relief for the interior side yard of street fronting townhouse dwellings was contemplated through the review of detailed engineering drawings, and the relief was inadvertently omitted in the By-Law that established the updated zoning for the Northcrest Estates subdivision. The reduced interior side yard widths will be large enough to accommodate any required drainage swales, provide access to the rear yards, and sufficient area for the maintenance of the exterior of the dwelling. Oxford County Public Works Department have confirmed that there is sufficient water and wastewater capacity available to service the proposed development and Town staff have indicated that they have no objection to the removal of the holding provision as the appro priate development agreements have been completed and registered on the lands. It is expected that this phase of the subdivision will be registered imminently. It is Planning staff’s opinion that the request to permit a reduced interior side yard width and to remove the holding provision within this phase of the draft plan to allow for residential development in the form of single detached dwellings and street fronting townhouses is appropriate from a planning perspective and can be given favourable consideration. A copy of the draft amending by-law is attached for Council’s consideration. Page 23 of 55 Report No: CP 2020-199 COMMUNITY PLANNING Council Date: August 24, 2020 Page 5 of 5 RECOMMENDATION That the Council of the Town of Tillsonburg approve the zone change application, File No. ZN 7-20-08, as submitted by Mike Hutchinson Properties Inc., for lands described as Part Lot 72, Lot 72A, Plan 500, in the Town of Tillsonburg, to rezone the subject lands to provide for a reduced interior side yard width for street fronting townhouse dwellings and to remove the Holding Provision from properties within the Northcrest Estates draft plan of subdivision. SIGNATURES Authored by: “original signed by” Eric Gilbert, MCIP RPP, Senior Planner Approved for submission: “original signed by” Gordon K. Hough, RPP, Director Page 24 of 55 July 28, 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 2050 Notes NAD_1983_UTM_Zone_17N 102 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 7-20-08- Mike Hutchinson Properties Inc. Lot 72A, Part Lot 72, Plan 500, Town of Tillsonburg North Street East Subject Property Van Norman Drive Centennial Avenue Falcon Road Page 25 of 55 Removal of 'H''H' to RemainPlate 2: Proposed Registered Plan File No: ZN 7-20-08- Mike Hutchinson Properties Inc. Lot 72A, Part Lot 72, Plan 500, Town of TillsonburgPage 26 of 55 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 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 ‘R2-20’, ‘R2-21’, & ‘R3-16’ the zone symbols of the lands so designated ‘‘R2-20’, ‘R2-21’, & ‘R3-16’ on Schedule “A” attached hereto. 2. That Section 7.5 to By-Law Number 3295, as amended, is hereby further amended by deleting subsection 7.5.20 and replacing it with the following: “7.5.20 LOCATION: PART LOT 72, PLAN 500, SOUTH SIDE OF NORTH STREET EAST– NORTHCREST ESTATES, R2-20 (KEY MAP 8) 7.5.20.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R2-20 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. 7.5.20.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R2-20 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 7.5.20.2.1 LOT COVERAGE Maximum 55 % 7.5.20.2.2 INTERIOR SIDE YARD W IDTH Minimum 1.2 m (3.9 ft) 7.5.20.2.3 EXTERIOR SIDE YARD W IDTH Minimum 4.5 m (14.76 ft) 7.5.20.2.4 PERMITTED PROJECTION S & ENCROACHMENTS FOR COVERED DECKS, PATIOS & PORCHES Notwithstanding Table 5.37.1- Permitted Projections into Required Yards, covered decks, patios and porches within any R2-20 Zone may project 3.0 m (9.8 ft) into any required rear yard. In no circumstance shall the minimum setback between the projection and rear lot line be less than 4.5 m (14.7 ft). Page 27 of 55 The Corporation of the Town of Tillsonburg By-law Number 2020-XXX Page 2 7.5.20.3 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. That Section 7.5 to By-Law Number 3295, as amended, is hereby further amended by deleting subsection 7.5.21 and replacing it with the following: “7.5.21 LOCATION: PART LOT 72, LOT 72A, PLAN 500, SOUTH SIDE OF NORTH STREET EAST– NORTHCREST ESTATES, R2-21 (KEY MAP 8) 7.5.21.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R2-21 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. 7.5.21.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R2-21 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 7.5.21.2.1 LOT COVERAGE Maximum 55% 7.5.21.2.2 REAR YARD DEPTH Minimum 6.0 m (19.69 ft) 7.5.21.2.3 EXTERIOR SIDE YARD W IDTH Minimum 4.5 m (14.76 ft) 7.5.21.2.4 INTERIOR SIDE YARD W IDTH Minimum 1.2 m (3.9 ft) 7.5.21.2.5 PERMITTED PROJECTION S & ENCROACHMENTS FOR COVERED DECKS, PATIOS & PORCHES Notwithstanding Table 5.37.1- Permitted Projections into Required Yards, covered decks, patios and porches within any R2-21 Zone may project 3.0 m (9.8 ft) into any required rear yard. In no circumstance shall the minimum setback between the projection and rear lot line be less than 3.0 m (9.8 ft). 7.5.21.3 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.” Page 28 of 55 The Corporation of the Town of Tillsonburg By-law Number 2020-XXX Page 3 4. That Section 8.6 to By-Law Number 3295, as amended, is hereby further amended by deleting subsection 8.6.16 and replacing it with the following: “8.6.16 LOCATION: PART LOT 72, LOT 72A, PLAN 500, SOUTH SIDE OF NORTH STREET EAST– NORTHCREST ESTATES, R3-16 (KEY MAP 8) 8.6.16.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R3-16 zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: a street-fronting townhouse dwelling; a converted dwelling, containing not more than 4 dwelling units; a home occupation; 8.6.16.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R3-16 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 8.6.16.2.1 LOT COVERAGE Maximum 55 % 8.6.16.2.2 LOT FRONTAGE FOR INT ERIOR UNIT Minimum 6.0 m (19.69 ft) 8.6.16.2.3 LOT FRONTAGE FOR END UNIT Minimum 7.6 m (24.9 ft) 8.6.16.2.4 LOT AREA FOR INTERIO R UNIT Minimum 190 m2 (2045 ft2) 8.6.16.2.5 LOT AREA FOR END UNI T Minimum 235 m2 (2529 ft2) 8.6.16.2.6 EXTERIOR SIDE YARD W IDTH Minimum 4.5 m (14.76 ft) 8.6.16.2.7 INTERIOR SIDE YARD W IDTH Minimum 1.2 m (3.9 ft) 8.6.16.2.8 REAR YARD DEPTH Minimum 6.0 m (19.69 ft) Page 29 of 55 The Corporation of the Town of Tillsonburg By-law Number 2020-XXX Page 4 8.6.16.2.9 PERMITTED PROJECTION S & ENCROACHMENTS FOR COVERED DECKS, PATIOS & PORCHES Notwithstanding Table 5.37.1- Permitted Projections into Required Yards, covered decks, patios and porches within any R3-16 Zone may project 3.0 m (9.8 ft) into any required rear yard. In no circumstance shall the minimum setback between the projection and rear lot line be less than 3.0 m (9.8 ft). 8.6.16.2.10 FRONT LOT LINE Notwithstanding Section 4.105.1 of this By-Law, for street-fronting townhouse dwellings located on a corner lot, the front lot line shall be deemed to be the longer lot line abutting a street. 8.6.16.3 That all of the provisions of the R3 Zone in Section 8.2 of this By-Law, as amended, shall apply and further, that all other provisions of this By-Law, as amended, that are consistent with the provisions herein shall continue to apply mutatis mutandis.” 5. 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 24th day of August, 2020. READ a third time and finally passed this 24th day of August, 2020. Mayor Clerk Page 30 of 55 ZN 7-20-10 Apr. 23/20 Aug. 5/20 Page 31 of 55 Page 32 of 55 Page 33 of 55 Page 34 of 55 Page 1 of 2 Report No: CP 2020-214 COMMUNITY PLANNING Council Date: August 24, 2020 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community Planning Temporary Use By-Law for Restaurant Patios REPORT HIGHLIGHTS  Ontario Regulation 345/20 was adopted under the Emergency Management and Civil Protection Act and provides exceptions for certain Planning Act requirements for temporary use by-laws for partios, including provisions relating to statutory public meetings and notices.  Restaurants have been permitted to open and operate patios, licensed or unlicensed for the remainder of 2020, provided that proper physical distancing measures are met.  It is recommended that a temporary use by-law be adopted, to permit temporary restaurant and bar patios to be exempted from the provisions of Town Zoning By-Law 3295 for a temporary period, expiring December 31, 2021. DISCUSSION Background As part of Ontario’s Re-opening Framework and response to Covid 19, on July 2, 2020 the Province enacted Ontario Regulation 345/20, a Regulation made under the Emergency Management and Civil Protection Act. The purpose of the Regulation is to provide additional flexibility for bars and restaurants to establish or expand outdoor patios to serve patrons while respecting physical distancing requirements. The Regulation authorizes Council to adopt a temporary use by-law under Section 39 of the Planning Act that is exempt from subsection 34(12) to (14.3) to (15) and (19) of the Act and paragraphs 4 and 5 of subsection 6 (9) of Ontario Regulation 545/06 under the Planning Act. This exemption allows Council to adopt the by-law without holding a public open house, statutory public meeting, or being subject to appeal periods. Section 5.23 of the Town Zoning By-Law permits outdoor patios where they are operated as part of a restaurant or bar, and subject to specific locational criteria. Town staff have received inquiries for patios in some areas that would require zoning relief, and a temporary by-law exempting such patios from the zoning by-law would enable businesses to quickly establish patios to take advantage of the remaining time in the patio season, without having to wait for the Planning Act timelines that are associated with the public notification and appeal period requirements of the Planning Act. Page 35 of 55 Report No: CP 2020-214 COMMUNITY PLANNING Council Date: August 24, 2020 Page 2 of 2 Staff suggest that this temporary use by-law will complement the Town intiative to permit outdoor patios on municipal property that was adopted by Town Council at the June 11th Town Council meeting. It is unclear when Ontario Regulation 345/20 will expire or be revoked; Staff suggest that the temporary use by-law expire at the end of 2021. RECOMMENDATION That the Council of the Town of Tillsonburg adopt a by-law to implement a temporary use by-law to exempt outdoor patios within the Town of Tillsonburg from the provisions of Town of Tillsonburg Zoning By-Law No. 3295, to December 31, 2021. SIGNATURES Authored by: Eric Gilbert, MCIP, RPP Senior Planner Approved for submission: Gordon K. Hough, RPP, Director Page 36 of 55 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 ‘R2-20’, ‘R2-21’, & ‘R3-16’ the zone symbols of the lands so designated ‘‘R2-20’, ‘R2-21’, & ‘R3-16’ on Schedule “A” attached hereto. 2. That Section 7.5 to By-Law Number 3295, as amended, is hereby further amended by deleting subsection 7.5.20 and replacing it with the following: “7.5.20 LOCATION: PART LOT 72, PLAN 500, SOUTH SIDE OF NORTH STREET EAST– NORTHCREST ESTATES, R2-20 (KEY MAP 8) 7.5.20.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R2-20 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. 7.5.20.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R2-20 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 7.5.20.2.1 LOT COVERAGE Maximum 55 % 7.5.20.2.2 INTERIOR SIDE YARD W IDTH Minimum 1.2 m (3.9 ft) 7.5.20.2.3 EXTERIOR SIDE YARD W IDTH Minimum 4.5 m (14.76 ft) Page 37 of 55 By-Law 2020-___ Page 2 of 5 7.5.20.2.4 PERMITTED PROJECTION S & ENCROACHMENTS FOR COVERED DECKS, PATIOS & PORCHES Notwithstanding Table 5.37.1- Permitted Projections into Required Yards, covered decks, patios and porches within any R2 -20 Zone may project 3.0 m (9.8 ft) into any required rear yard. In no circumstance shall the minimum setback between the projection and rear lot line be less than 4.5 m (14.7 ft). 7.5.20.3 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. That Section 7.5 to By-Law Number 3295, as amended, is hereby further amended by deleting subsection 7.5.21 and replacing it with the following: “7.5.21 LOCATION: PART LOT 72, LOT 72A, PLAN 500, SOUTH SIDE OF NORTH STREET EAST– NORTHCREST ESTATES, R2-21 (KEY MAP 8) 7.5.21.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R2-21 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. 7.5.21.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R2-21 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 7.5.21.2.1 LOT COVERAGE Maximum 55% 7.5.21.2.2 REAR YARD DEPTH Minimum 6.0 m (19.69 ft) 7.5.21.2.3 EXTERIOR SIDE YARD W IDTH Minimum 4.5 m (14.76 ft) 7.5.21.2.4 INTERIOR SIDE YARD W IDTH Minimum 1.2 m (3.9 ft) Page 38 of 55 By-Law 2020-___ Page 3 of 5 7.5.21.2.5 PERMITTED PROJECTION S & ENCROACHMENTS FOR CO VERED DECKS, PATIOS & PORCHES Notwithstanding Table 5.37.1- Permitted Projections into Required Yards, covered decks, patios and porches within any R2 -21 Zone may project 3.0 m (9.8 ft) into any required rear yard. In no circumstance shall the minimum setback between the projection and rear lot line be less than 3.0 m (9.8 ft). 7.5.21.3 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.” 4. That Section 8.6 to By-Law Number 3295, as amended, is hereby further amended by deleting subsection 8.6.16 and replacing it with the following: “8.6.16 LOCATION: PART LOT 72, LOT 72A, PLAN 500, SOUTH SIDE OF NORTH STREET EAST– NORTHCREST ESTATES, R3-16 (KEY MAP 8) 8.6.16.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R3-16 zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: a street-fronting townhouse dwelling; a converted dwelling, containing not more than 4 dwelling units; a home occupation; 8.6.16.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R3-16 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 8.6.16.2.1 LOT COVERAGE Maximum 55 % 8.6.16.2.2 LOT FRONTAGE FOR INT ERIOR UNIT Minimum 6.0 m (19.69 ft) 8.6.16.2.3 LOT FRONTAGE FOR END UNIT Minimum 7.6 m (24.9 ft) Page 39 of 55 By-Law 2020-___ Page 4 of 5 8.6.16.2.4 LOT AREA FOR INTERIOR UNIT Minimum 190 m2 (2045 ft2) 8.6.16.2.5 LOT AREA FOR END UNI T Minimum 235 m2 (2529 ft2) 8.6.16.2.6 EXTERIOR SIDE YARD W IDTH Minimum 4.5 m (14.76 ft) 8.6.16.2.7 INTERIOR SIDE YARD W IDTH Minimum 1.2 m (3.9 ft) 8.6.16.2.8 REAR YARD DEPTH Minimum 6.0 m (19.69 ft) 8.6.16.2.9 PERMITTED PROJECTION S & ENCROACHMENTS FOR CO VERED DECKS, PATIOS & PORCHES Notwithstanding Table 5.37.1- Permitted Projections into Required Yards, covered decks, patios and porches within any R3 -16 Zone may project 3.0 m (9.8 ft) into any required rear yard. In no circumstance shall the minimum setback between the projection and rear lot line be less than 3.0 m (9.8 ft). 8.6.16.2.10 FRONT LOT LINE Notwithstanding Section 4.105.1 of this By-Law, for street-fronting townhouse dwellings located on a corner lot, the front lot line shall be deemed to be the longer lot line abutting a street. 8.6.16.3 That all of the provisions of the R3 Zone in Section 8.2 of this By-Law, as amended, shall apply and further, that all other provisions of this By-Law, as amended, that are consistent with the provisions herein shall continue to apply mutatis mutandis.” 5. This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. Page 40 of 55 By-Law 2020-___ Page 5 of 5 READ A FIRST AND SECOND TIME THIS 24TH day of AUGUST, 2020. READ A THIRD TIME AND FINALLY PASSED THIS 24TH day of AUGUST, 2020. MAYOR – Stephen Molnar TOWN CLERK – Michelle Smibert Page 41 of 55 NW ANGLELOT 72, PLAN 500 R2-21 L O T7 2 A N78°35'145E 464.8156.68N30°23'47"EN78°35'15"E57.86 N76°13'55"EN11°28'30WN11°33'25"W 186.69NORTH ST E L O T 7 2 J U D G E ' S P L A N 5 0 0 R2-21 R3-16 R2-20 R2-20R2-20 R2-21 R3-16R3-16 R2-21 R3-16 SCHEDULE "A" LOT 72A AND PT LOT 72, JUDGE'S PLAN 500TOWN OF TILLSONBURG NOTE: ALL DIMENSIONS IN METRES THIS BY-LAW IS INTENDED TO ENCOMPASS THEDEVELOPABLE LANDS OF THE DRAFT PLAN OFSB19-06-7. THIS IS SCHEDULE "A" MAYOR - Stephen Molnar TOWN CLERK - Michelle Smibert TO BY-LAW No. ________________, PASSED THE __________ DAY OF ____________, 2020 TO BY-LAW No.© 30 0 30 60 9015 METRES AREA OF ZONE CHANGE TO R2-20AREA OF ZONE CHANGE TO R2-20AREA OF ZONE CHANGE TO R2-20AREA OF ZONE CHANGE TO R2-20AREA OF ZONE CHANGE TO R2-20AREA OF ZONE CHANGE TO R2-20AREA OF ZONE CHANGE TO R2-20 AREA OF ZONE CHANGE TO R3-16 AREA OF ZONE CHANGE TO R2-21 R3-16 R2-21 R2-20 24 August Page 42 of 55 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 ‘FD-1’ the zone symbols of the lands so designated ‘FD-1’ on Schedule “A” attached hereto. 2. That Section 18.3 to By-Law Number 3295, as amended, is hereby further amended by deleting Section 18.3.1 and replacing it with the following: “18.3.1 LOCATION: EAST SIDE OF CRANBERRY ROAD AT THE TOWN LIMITS, FD-1 (KEY MAP 5) 18.3.1.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any FD-1 zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: A single detached dwelling; An existing accessory building. 18.3.1.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any FD-1 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 18.3.1.2.1 MUNICIPAL SERVICES Notwithstanding Section 5.19 of this By-Law, a single detached dwelling within a FD-1 Zone may be permitted to develop without being serviced by municipal services (municipal water, sanitary sewers, drainage systems). 18.3.1.3 That all of the provisions of the FD Zone in Section 18.2 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. Page 43 of 55 By-law 2020-___ Page 2 of 2 READ A FIRST AND SECOND TIME THIS 24TH day of AUGUST, 2020. READ A THIRD TIME AND FINALLY PASSED THIS 24TH day of AUGUST, 2020. MAYOR – Stephen Molnar TOWN CLERK – Michelle Smibert Page 44 of 55 51.9820.12 N58°48'E 2 1 4. 9 5A=505.18 R=863.17N12°28'30"W43.05N11°32'W 173.28L O T 3C O N C E S S I O N 1 0TOWNSHIP OF SOUTH-WEST OXFORD FORMER CANADIAN NATIONAL RAILWAYLIMIT BETWEEN LOTS 2 & 3N71°3 6 ' W 63.26 N11°14'W74.99N11°21'W78.57N78°44'E87.78 N18°13'E 250.38N18°13'E 376.62Not Dimensioned toMunicipal Boundary N11°15'30"WN78°44'E 129.82CRANBERRY LINECRANBERRY RDSCHEDULE "A" PART LOT 3, CONCESSION 10 (DEREHAM)PART 2 AND PT OF PART 3, REFERENCE PLAN 41R2226TOWN OF TILLSONBURG AREA OF ZONE CHANGE TO FD-1 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. 40 0 40 80 12020 METRES 24 August Page 45 of 55 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 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 46 of 55 By-law 2020-___ Page 2 of 3 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. Page 47 of 55 By-law 2020-___ Page 3 of 3 READ A FIRST AND SECOND TIME THIS 24TH day of AUGUST, 2020. READ A THIRD TIME AND FINALLY PASSED THIS 24TH day of AUGUST, 2020. MAYOR – Stephen Molnar TOWN CLERK – Michelle Smibert Page 48 of 55 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 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 Schedule "A" to By-Law Number 3295, as amended, is hereby amended by changing to ‘RM-6’ & ‘OS1’ the zone symbols of the lands so designated ‘RM-6’ & ‘OS1’ on Schedule “A” attached hereto. 2. That Section 9.5 to By-Law Number 3295, as amended, is hereby further amended by adding the following subsection at the end thereof: “9.5.6 LOCATION: LOT 1391, LOT 71, PLAN 500, PART 1 OF 41R-9918, SOUTH SIDE OF NORTH STREET EAST, RM-6 (KEY MAP 8) 9.5.6.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any RM-6 zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: All uses permitted in Table 9.1. 9.5.6.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any RM-6 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 9.5.6.2.1 P ROVISIONS FOR MULTIPLE UNIT DWELLINGS Lands zoned RM-6 shall be treated as a single parcel for the purpose of interpreting this By-Law. 9.5.6.2.1.1 LOT AREA Minimum 2.0 ha (4.9 ac) 9.5.6.2.1.2 FRONT YARD DEPTH Minimum 3 m (9.8 ft) Page 49 of 55 By-law 2020-____ Page 2 of 3 9.5.6.2.1.3 REAR YARD DEPTH Minimum 7 m (22.9 ft) 9.5.6.2.1.4 BUILDING HEIGHT Maximum 16 m (52.5 ft) 9.5.6.2.1.5 I NTERIOR SIDE YARD WIDTH (REAR YARD ) Where an interior side yard functions as a rear yard, the minimum interior side yard width shall be 6.0 m (19.6 ft) 9.5.6.2.1.6 I NTERIOR SIDE YARD WIDTH (SIDE YARD ) Where an interior side yard functions as a side yard, the minimum interior side yard width shall be 2.0 m (6.5 ft) 9.5.6.2.1.7 SETBACK TO CENTRELIN E OF AN ARTERIAL ROA D Minimum 16 m (52.5 ft) 9.5.6.2.1.8 SETBACK TO OS 1 ZONE Minimum 6 m (19.69 ft) 9.5.6.2.1.9 For the purpose of applying the Provisions of Section 5.37.1 of this By - Law on lands zoned RM-6, 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, 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. 9.5.6.2.1.10 For the purpose of applying the Provisions of Section 5.37.1 of this By- Law on lands zoned RM-6, an uncovered deck exceeding 0.6 m (2 ft) in height may be located within 3.6 m (11.8 ft) of a rear lot line. 9.5.6.2.2 Notwithstanding any provisions of this By-Law to the contrary, the provisions of Section 9.2.1 shall not apply to lands zoned RM-6. 9.5.6.3 That all of the provisions of the RM Zone in Section 9.2 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.” Page 50 of 55 By-law 2020-____ Page 3 of 3 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 24TH day of AUGUST, 2020. READ A THIRD TIME AND FINALLY PASSED THIS 24TH day of AUGUST, 2020. MAYOR – Stephen Molnar TOWN CLERK – Michelle Smibert Page 51 of 55 169.09 46.05 43.60 P L A N 4 1 R - 9 9 1 8 P A R T 1 P A R T 2 23.35 N 76° 13' 55" E N78°19'55"E N11°33'25"W 186.69N18°06'50"E 207.80L O T 7 1 P L A N 5 0 0 NORTH ST E RM-6 OS1 SCHEDULE "A" LOT 71, PLAN 500PART 1, REFERENCE PLAN 41R-9918TOWN OF TILLSONBURG 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.© 10 0 10 20 305 METRES AREA OF ZONE CHANGE TO RM-6 AREA OF ZONE CHANGE TO OS1OS1 RM-6 24 August Page 52 of 55 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. AND WHEREAS, O. Reg. 345/20 passed pursuant to the Emergency Management and Civil Protection Act was passed during COVID-19 to provide temporary exemptions for restaurants and bar patios. AND WHEREAS, it is beneficial to temporarily suspend the Zoning By-law regulations to allow eating establishments and tavern patios to expand regar dless of the zoning regulations. AND WHEREAS, such a by-law under section 39 of the Planning Act is exempt from sub sections 34(12) to (14.3) to (15) and (19) of the act and paragraphs 4 & 5 of Subsection 6(9) of Ontario Regulation 545/06 under the Planning Act. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That temporary outdoor patios for eating establishments and bars may expand outdoors for the remainder of 2020, without application of any zoning provisions or other regulations of Zoning By-Law No 3295. 2. That this By-Law shall expire on December 31, 2021. 3. This By-Law shall become effective from and after the date of passing hereof. READ A FIRST AND SECOND TIME THIS 24TH day of AUGUST, 2020. READ A THIRD TIME AND FINALLY PASSED THIS 24TH day of AUGUST, 2020. MAYOR – Stephen Molnar TOWN CLERK – Michelle Smibert Page 53 of 55 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2020-___ A BY-LAW to amend Schedule A of By-Law 2020-019, being a By-Law to dedicate certain reserves owned by the Corporation of the Town of Tillsonburg as parts of public highways in the Town of Tillsonburg. WHEREAS it is deemed necessary and expedient to amend Schedule A of By-Law 2020-019. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. THAT Schedule A of By-Law 2020-019 be amended to delete the legal description contained in Column 2, and to add the following legal description to Column 2: Block 132 on Plan 41M-143. 2. THAT these amendments to Schedule A of By-Law 2020-019 are hereby declared to be a part of that By-Law as if written therein. 3. THAT this By-Law shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 24th day of AUGUST, 2020. READ A THIRD AND FINAL TIME AND PASSED THIS 24th day of AUGUST, 2020. ___________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK – Michelle Smibert Page 54 of 55 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2020-082 A BY-LAW to confirm the proceedings of Council at its meeting held on the 24th day of August, 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 August 24, 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 24th DAY OF AUGUST, 2020. READ A THIRD AND FINAL TIME AND PASSED THIS 24th DAY OF AUGUST, 2020. ________________________________ MAYOR – Stephen Molnar _______________________________ TOWN CLERK – Michelle Smibert Page 55 of 55