200921 Regular Council Meeting AgendaThe Corporation of the Town of Tillsonburg
COUNCIL MEETING
AGENDA
Monday, September 21, 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, September 21, 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 A 09-20 (JMG Adventures Inc.)
Proposed Resolution #3
Moved By: ________________
Seconded By: ________________
THAT the Committee of Adjustment approve Application File A09-20, submitted by
JMG Adventures Inc, for lands described as Part Lot 941 & Lot 942, Plan 500, in the
Town of Tillsonburg, as it relates to:
Relief from Section 15.3.3.2.5- NC-3 Zone Provisions- Gross Area for Office
Use, to increase the maximum permitted gross floor area from 280 sq m
(3,014 sq ft) to 470 sq m (5060 sq ft);
1.
Relief from Section 5.24.2.1- Required Parking, to reduce the required
parking for the proposed addition from 9 spaces to 4 spaces;
2.
Relief from Section 5.24.16- Minimum Aisle Width, to reduce the minimum
parking aisle width from 7.3 m (24 ft) to 6.8 m (22.3 ft);
3.
Relief from Section 5.24.3.1- Location of Parking Areas, to reduce the
required setback of a parking area from an interior lot line from 6 m (19.69 ft)
to 1.5 m (4.9 ft).
4.
Subject to the Owner entering into a cash-in-lieu of parking agreement with the Town
of Tillsonburg.
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 Applications for Consent and Minor Variance B20-32-7 and A20-05-7 (Oxford Lofts
Inc.)
Proposed Resolution #5
Moved By: ________________
Seconded By: ________________
THAT Council advise the Land Division Committee that the Town supports Minor
Variance Application A20-05-7, for lands described as Lot 761 and Part of Lots 763 &
764A, Plan 500, in the Town of Tillsonburg, municipally known as 83 Rolph Street,
Town of Tillsonburg as it relates to:
Section 12.2, EC Zone Provisions, Required Rear Yard Depth, to reduce the
rear yard depth from 12.5 m (41 ft) to 4.7 m (15.42 ft);
1.
Section 12.2, EC Zone Provisions, Planting Strip Width, to reduce the
required planting strip width from 1.0 m (3.3 ft) to nil;
2.
Section 5.24.3- Location and Setback of Parking Areas, to permit parking
with a 0 m setback from the street line and interior side lot line.
3.
AND THAT Council advise the Land Division Committee that the Town supports the
proposal to sever the subject property, subject to the conditions contained in Report
CP 2020-245.
Page 2 of 66
5.3 Applications for Consent and Minor Variance B20-33-7 and A 20-06-7 (E & E
McLaughlin Ltd.)
Proposed Resolution #6
Moved By: ________________
Seconded By: ________________
THAT Council advise the Land Division Committee that the Town is supports of Minor
Variance Application A20-06-7, for lands described as Lot 2, Plan 41M-205 and
PARTS 3 & 6, Reference Plan 41R-7549, Town of Tillsonburg as it relates to:
Relief from Section 7.2, Table 7.2 – R2 Zone Provisions, to reduce the
minimum lot depth from 30 m (98.4 ft) to 27 m (88.5 ft) for the lots to be
severed; and
1.
Relief from Section 7.2, Table 7.2 – R2 Zone Provisions, to reduce the
minimum lot depth from 30 m (98.4 ft) to 27 m (88.5 ft) for the lots to be
retained;
2.
AND THAT Council advise the Land Division Committee that the Town supports the
proposal to sever the subject property, subject to the conditions contained in Report
CP 2020-240.
5.4 Application for Zone Change ZN 7-20-10 (Nagy)
Proposed Resolution #7
Moved By: ________________
Seconded By: ________________
THAT Council approve the zone change application submitted by Olga Nagy (Lajos
Nagy), whereby the lands described as Part Lot 3, Concession 5 in the Town of
Tillsonburg, known municipally as 1801 Highway 3, are to be rezoned from ‘Future
Development Zone (FD)’ to ‘Special Future Development Zone (FD-sp)’ to allow for
the development of a contractor’s yard & shop and a public storage business within
an existing non-residential building on the subject lands.
6.Planning Applications
7.New Business
8.Motions/Notice of Motions
9.By-Laws
10.Confirm Proceedings By-law
Proposed Resolution #8
Page 3 of 66
Moved By: ________________
Seconded By: ________________
THAT By-Law 2020-095, to Confirm the Proceedings of the Council Meeting held on
September 21, 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 #9
Moved By: ________________
Seconded By: ________________
THAT the Council Meeting of Monday, September 21, 2020 be adjourned at ______ p.m.
Page 4 of 66
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: A09-20
APPLICATION FOR MINOR VARIANCE
TO: Town of Tillsonburg Committee of Adjustment
MEETING: September 21, 2020
REPORT NUMBER: 2020-247
OWNER/ APPLICANT: Peter Penner, JMG Adventures Inc.
669 Concession A, Port Rowan ON, N0E 1M0
REQUESTED VARIANCES:
1. Relief from Section 15.3.3.2.5-NC-3 Zone Provisions- Gross Area for Office Use, to
increase the maximum permitted gross floor area from 280 sq m (3,014 sq ft) to 470 sq m
(5060 sq ft);
2. Relief from Section 5.24.2.1- Required Parking, to reduce the required parking for the
proposed addition from 9 spaces to 4 spaces;
3. Relief from Section 5.24.16- Minimum Aisle Width, to reduce the minimum parking aisle
width from 7.3 m (24 ft) to 6.8 m (22.3 ft);
4. Relief from Section 5.24.3.1- Location of Parking Areas, to reduce the required setback of
a parking area from an interior lot line from 6 m (19.69 ft) to 1.5 m (4.9 ft).
LOCATION:
The subject property is described as Part Lot 941 & Lot 942, Plan 500, in the Town of Tillsonburg.
The property is located on the northwest corner of the intersection of Broadway and Venison
Street, and is municipally known as 261 Broadway.
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
Page 5 of 66
File Number: A09-20 Report Number 2020-247
Page 2
TOWN OF TILLSONBURG ZONING BY-LAW :
Special Neighbourhood Commercial Zone (NC-3)
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 professional office on the subject lands.
Specifically, the applicant is proposing to construct a 2 storey addition with an approximate area
of 172 m2 (1851 ft2).
The subject property is approximately 1117 m2 (12,023 ft2) in size, with frontage on Broadway
and Venison Street. The subject lands contain an existing business/professional office and
parking area. The existing professional office has an approximate area of 296.8 m2 (3195 ft2).
The applicant has indicated that the addition will be used to provide additional area for staff. The
proposed addition will be located to the north of the existing structure, and the applicant proposes
to create 5 additional parking spaces in front and to the rear of the proposed addition.
Plate 1, Location Map with Existing Zoning, shows the location of the subject property and the
zoning in the immediate vicinity.
Plate 2, 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 professional
office and the proposed addition and new parking areas.
Plate 4, Proposed Building Elevations, shows the proposed appearance of the addition to the
existing professional office.
(b) Agency Comments:
The application was circulated to a number of public agencies.
The Town Building Department indicated that if approved, the development is subject to site plan
control/approval.
The Tillsonburg BIA indicated that they support the application.
The Town Engineering Services Department, Town Fire Chief and Oxford County Public Works
Department indicated that they have no concerns with the application.
Page 6 of 66
File Number: A09-20 Report Number 2020-247
Page 3
(c) Public Consultation:
Public Notice was provided to surrounding property owners on September 11, 2020 in accordance
with the requirements of the Planning Act. As of the writing of this report, no comments or
concerns had been received from the public.
(d) Intent and Purpose of the Official Plan:
The subject lands are designated ‘Low Density Residential’ according to the Official Plan. Within
the ‘Low Density Residential’ designation, permitted land uses primarily consist of low density
housing forms including single detached dwellings, duplexes and street fronting town houses as
well as accessory uses thereto.
Although the existing business/professional office is not a permitted neighourhood-serving
commercial use in the Low Density Residential designation, Section 10.3.5 of the Official Plan
provides policy guidance for the recognition of non-conforming uses in the Zoning By-law. The
policies provide that although it is the general intent of the plan that the long-term use of land
conform with the objectives and policies of the Plan, a legally established land use may be
recognized as a permitted use in the Zoning By-law provided that Town Council is of the
opinion that:
• the use does not involve hazardous activities or substances;
• the use does not contribute to air, water, or land pollution problems;
• the use can or has achieved an acceptable measure of compatibility with adjacent uses,
is not associated with any building deterioration or lack of property maintenance, does
not generate traffic that threatens the safety of the surrounding area, and does not
interfere with the development of conforming uses in the surrounding area;
• the long-term continuation and any potential expansion of use will not detract from
the general intent of the Official Plan;
• recognition of the use is not likely to result in proposals to amend the Plan to allow
similar types of uses.
Staff are of the opinion that the applicant’s proposal is in keeping with the intent and purpose of
the above policies. The proposed relief has been requested to allow for a 2-storey addition to an
existing business/professional use which is a permitted use within the NC-3 Zoning. The use has
existed since 1980, serves as a transitional use between residential properties to the north and
commercial uses in the Central Area to the south, and the existing use has achieved an
acceptable measure of compatibility with the surrounding area.
(e) Intent and Purpose of the Zoning By-law:
The subject property is zoned ‘Special Neighbourhood Commercial Zone (NC-3)’ in the Town
Zoning By-law, which permits a business/professional office, with a dwelling unit. Special
provisions are also included which limit the height of the main building to 2 storeys, limit the
number and height of accessory structures, and which restrict the maximum gross floor area for
an office use to 280 m2 (3,014 ft2).
Table 5.24 of the Zoning By-law establishes the development standards for parking spaces, aisle
and parking space dimensions, and location and setback of parking areas. These provisions
require that any additions to an existing building provide the required parking, and require a
minimum two way parking aisle width of 7.3 m (24 ft). Parking Areas for commercial zones
Page 7 of 66
File Number: A09-20 Report Number 2020-247
Page 4
adjacent to residential zones are also required to be located outside of the required interior side
yard width, which is 4.5 m (14.7 ft) in this instance.
The purpose of these provisions is to ensure that parking areas function effectively for employees
and visitors, and to ensure that parking movements do not negatively impact adjacent properties
or the adjacent road network.
In this instance, the location of the existing parking area is already located in the required interior
side yard, the applicant proposes to extend it at this same setback. The existing aisle width of
6.8 m (22.3 ft) has functioned since at least 1980 when the building was redeveloped for office
use.
The maximum floor area provision for an office was carried forward from Town Zoning By-Law
1994. Staff note that apart from the variances requested relating to parking, the proposal will
comply with the NC zone provisions and as such, the proposal does not represent over-
development of the site and the proposed addition will maintain the residential character of the
building. The requested relief of the required parking will maintain the residential character of the
property along Broadway and will allow the existing mature trees to remain undisturbed.
Town staff have identified that the proposal will be subject to site plan approval, where matters
such as grading, drainage, landscaping and buffering will be reviewed.
(f) Desirable Development/Use:
The proposed variances seek to facilitate a 2 storey addition, approximately 172 m2 (1851 ft2), to
an existing professional office, requiring relief of maximum gross floor area, minimum number of
parking spaces, minimum parking aisle width and location of parking areas.
Staff are of the opinion that the proposal is appropriate and would not create an undesirable
precedent as the proposal represents an expansion of an existing use that is compatible with
residential uses to the west and north, and provides a transition between residential uses and the
mixed use development and the primarily commercial uses to the south in the Central Area. The
location of the parking areas and the parking aisle width largely represent existing conditions.
Staff recommend that as a condition of approval, the applicant enter into a cash-in-lieu of parking
agreement with the Town to provide a cash payment to the Town for the five parking spaces that
the applicant is deficient. The financial contribution is placed in a downtown parking reserve which
can be used to improve or create new parking opportunities throughout the downtown.
Staff note that on-street parking opportunities are present on Venison Street, and there is a
municipal parking lot nearby as well.
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 an
overall minor deviation from the parking provisions and site specific gross floor area limits for the
NC-3 Zone 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.
Page 8 of 66
File Number: A09-20 Report Number 2020-247
Page 5
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 A09-20,
submitted by JMG Adventures Inc, for lands described as Part Lot 941 & Lot 942, Plan 500, in
the Town of Tillsonburg, as it relates to:
1. Relief from Section 15.3.3.2.5- NC-3 Zone Provisions- Gross Area for Office Use, to
increase the maximum permitted gross floor area from 280 sq m (3,014 sq ft) to 470 sq m
(5060 sq ft);
2. Relief from Section 5.24.2.1- Required Parking, to reduce the required parking for the
proposed addition from 9 spaces to 4 spaces;
3. Relief from Section 5.24.16- Minimum Aisle Width, to reduce the minimum parking aisle
width from 7.3 m (24 ft) to 6.8 m (22.3 ft);
4. Relief from Section 5.24.3.1- Location of Parking Areas, to reduce the required setback of
a parking area from an interior lot line from 6 m (19.69 ft) to 1.5 m (4.9 ft).
Subject to the following condition:
i. The Owner shall enter into a cash-in-lieu of parking agreement with the Town of
Tillsonburg.
As the proposed variances are:
(i) minor variances from the provisions of the Town of Tillsonburg Zoning By-law No. 3295;
(ii) desirable for the appropriate development or use of the land;
(iii) in-keeping with the general intent and purpose of the Town of Tillsonburg Zoning By-law
No. 3295; and
(iv) in-keeping with the general intent and purpose of the Official Plan.
Authored by: Eric Gilbert, MCIP, RPP
Senior Planner
Approved for submission by: Gordon K. Hough, RPP
Director
Page 9 of 66
September 9, 2020
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable. This is not a plan of survey
Legend
510
Notes
NAD_1983_UTM_Zone_17N
26 Meters
Zoning Floodlines
Regulation Limit
100 Year Flood Line
30 Metre Setback
Conservation Authority
Regulation Limit
Regulatory Flood And Fill Lines
Land Use Zoning (Displays
1:16000 to 1:500)
Subject
Property
Bidwell
Street
Bridge
Street
Venison
Street
Bear
Street
Plate 1: Location Map with Existing Zoning
File No: A09-20: JMG Adventures Inc.
Part Lot 941 & Lot 942, Plan 500- 261 Broadway, Tillsonburg
Page 10 of 66
September 9, 2020
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable. This is not a plan of survey
Legend
260
Notes
NAD_1983_UTM_Zone_17N
13 Meters
Zoning Floodlines
Regulation Limit
100 Year Flood Line
30 Metre Setback
Conservation Authority
Regulation Limit
Regulatory Flood And Fill Lines
Land Use Zoning (Displays
1:16000 to 1:500)
Plate 2: 2015 Aerial Map
File No: A09-20: JMG Adventures Inc.
Part Lot 941 & Lot 942, Plan 500- 261 Broadway, Tillsonburg
Subject
Property
Venison
Street
Broadway
Page 11 of 66
Plate 3: Applicant's Sketch
File No: A09-20: JMG Adventures Inc.
Part Lot 941 & Lot 942, Plan 500- 261 Broadway, Tillsonburg
Page 12 of 66
Plate 4: Proposed Building Elevations File No: A09-20: JMG Adventures Inc. Part Lot 941 & Lot 942, Plan 500- 261 Broadway, TillsonburgPage 13 of 66
FORM 1
PLANNING ACT, 1990
APPLICATION FOR MINOR VARIANCE OR PERMISSION
Town of Tillsonburg Committee of Adjustment Fee
$950.00 ($1,900.00 - See Note 1 - Page 4)
Building, By-Law &
Planning Services
10 Lisgar Avenue
Tillsonburg ON
N4G 5A7
For Office Use Only
PIN#: ROLL#: FILE:
The undersigned hereby applied to the Committee of Adjustment for the Town of Tillsonburg under Section 44 of the
Planning Act, 1990, for relief, as described in this application form By-Law No. 3295 (as amended).
Name and Address of Owner Name and Address of Applicant/Agent (if
applicable)
Postal Code: Telephone Number: Postal Code: Telephone Number:
Email: Email:
1. Name and addresses of any mortgagees, holders of charges or other encumbrances:
2. Nature and extent of relief applied for: To be completed by the applicant. (include By-Law Section if known)
For office use only
3. Why is it not possible to comply with the Provision of the By-Law?
4. Legal Description of Subject land:
Lot Number(s) Plan Number or Concession
Part Number(s) Reference Plan Number
Street Address (if any)
The lot is located on the side of the Street lying between _Street and
Street
JMG Adventures Inc.
669 Conc. A, Port Rowan ON
N0E 1M0 519 688 1000
ppenner@cjdleng.com
Kindred Credit Union
1265 Strassburg Road, Kitchener ON N2R 1S6
Current NC-3 zoning allows 280m2 Gross Floor Area for office use to suit the original building size. We would like to add
a two story addition with a full basement to increases the office space to 470m2 above grade. Five (5) additional parking
spaces will be created which is 4 short of the required number for the addition (Section 5.24.1.9, 5.24.2.1). The total
number of parking spaces will be 13 which is 11 short of the the required 24 spaces. Sufficient on street parking and
nearby municipal parking lots will accommodate the shortfall. The existing aisle width for the rear parking lot is 6.8m
rather than the required 7.3 (Section 5.24.16). The existing exterior side yard set back is 3.6 m rather than the required
6.0m (Section 15.2). There is three existing driveways to the property all to be maintained (Section 5.24.1.7.4). The exist-
ing parking along the rear lot line is 0.5m from the rear property line with a 1.0 to1.3m tall brick privacy wall and the most
southerly parking space is 0.2m from the street line (Section 5.24.3 but NC Zone not specifically identified).
Tenant (CJDL) would like to expand the office space at the current location thus the increased gross floor area will exceed
the previous site specific NC-3 maximum. There is physically not enough room to accommodate 24 parking spaces. Addi-
tional parking directly in front of the building are possible but would compromise the historic appearance of the building.
Two additional spaces are possible in the 6.1m wide frontage to Fox Alley but planting strips will not fit and/or the parking
spaces would have to be less than the requirements. The parking aisle width, exterior side yard, number of driveways and
reduced parking offsets along the rear and south property lines are existing conditions.
942 and part of 941 Plan 500
261 Broadway
West Venison
Bear
Page 14 of 66
5. Dimensions of land affected:
Frontage Depth (average)
Area Width of Street
6. Particulars of all buildings and structures on or proposed for the subject land: (specify ground floor area, gorss
floor area, number of storeys, width, length, height, etc.)
Existing:
Proposed:
7. Location of all buildings and structures on or proposed for the subject land: (specify distance form side, rear
and front lot lines.) Please attach a sketch plan with measurements.
Existing:
Proposed:
8. Date of acquisition of subject land:
9. Date of Construction of all buildings and structures on subject land (if known):
10. Existing uses of the subject property
11. Existing uses of abutting properties:
12. Length of time the existing uses of the subject property have continued:
13. Municipal Services available (please check all appropriate boxes)
Water Connected
Sanitary Sewers Connected
Storm Sewers
26.2m 40.1m to 51.0m
1117.4m2
1879 +/-
Professional Office
Multi-Family Residential, Residential with Massage Therapy office
Professional Office Since 1981, an upper
apartment was converted to office space
c 1994
x
x
x
x
The existing two storey professional office has an irregular footprint of 153.4m2 with maximum dimensions of
16.3m x 11.3m and a height of 9+/-m. See attached sketch. The gross floor area is 297+/-m2
The proposed 2 story addition to the north side of the existing building will be 6.7m wide x 12.8m long
with a 86m2 ground floor and a combined gross floor area of 172m2. The total gross floor are gross
floor area will be 470m2. The height of the building will remain at 9+/-m. See attached sketch and east
elevation.
Front setback =10.9m
Rear setback = 12.8m
Interior side yard =11.2m
exterior side yard =3.6m
Front setback =10.9m
Rear setback = 12.8m
Interior side yard =4.5m
exterior side yard =3.6m
December 2008
x
Page 15 of 66
14. Present Official Plan Provisions applying to the land:
15. Present Zoning by-Law provisions applying to the land: :
16. Has the owner previously applied for relief in respect of the subject property? Yes No
If the answer is yes, describe briefly
17. Is the subject property the subject of a current application for consent under Section 53 of the Planning Act,
1990? Yes No
THIS SECTION TO BE COMPLETED IN THE PRESENCE OF A COMMISSIONER FOR TAKING AFFIDAVITS
I/We of the of
In the of .
DO SOLEMNLY DELCIARE THAT: All of the prescribed information contained in the is application is true and that the
information contained in the documents that may accompany this application is true and I make the solemn declaration
conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath by virtue of
the Canada Evidence Act.
DECLARED before me at the
Of in the
This day of ,
Owner(s)/Applicant
Owner(s)/Applicant
A Commissioner for Taking affidavits
For Office use Only
Site Specific Neighbourhood Commercial NC-3
Residential
x
x
Page 16 of 66
AUTHORIZ ATION
NOTE: The property owner or the authorized agent must complete the application. Where an agent is making the
application, the written authorization of the owner must be completed below. If the application is being made under an
agreement of purchase and sale, a copy of the agreement must be attached and will remain confidential.
Authorization of Owner(s) for Ap plicant/Agent to Make the Application
I/We, , am/are the owner(s) of the land that is the subject of this
application for site plan and I/we authorize , to make this application on my/our
behalf.
Signature of Owner(s)
Signature of Owner(s)
DATED
Notes:
1. It is required that one original copy of this application and all drawings be filed at the Town’s Customer Service
Centre, accompanied by a fee of $950 in cash or cheque made payable to the Town of Tillsonburg. A fee of
$1,900 will be charged if an application is required after the fact.
Page 17 of 66
V R O O M - L E O N A R D
B I O L O G I S T S + L A N D S C A P E A R C H I T E C T S
To: Peter Penner CJDL
From: Mike Leonard
Date: 2020 08 13
SUBJECT: Tree Root Management at Office Expansion Foundation Interface
We appreciate the opportunity to assist you in the preservation of this outstanding Tulip Tree.
I observed the specimen on-site with you. As I understand the existing structure will be extended in a
northerly direction, requiring excavation to accommodate a conventional foundation wall with a spread
footing that will terminate within +/- 15 feet of the tree trunk.
In general my opinion is that this will not affect the longevity of the tree, since the bulk of the root
mass of most trees is located on the east and southeast side of the trunk. As part of your due diligence
the following best practices are suggested:
_ Prior to construction expose the upper 18 inches of the root mass to a dimension 36 inches north of
the centerline of the foundation. This can be accomplished by gently loosening the soil in 6 inch lifts
with the teeth of a conventional excavator bucket.
_ It is likely that both fibrous and woody roots will be encountered. The fibrous roots need no
treatment. Any woody roots larger than the diameter of a pencil should be cleanly pruned with hand
shears, loppers or pruning saws; under no circumstances should chainsaws or other power equipment
be used.
_ Prior to installing forming and related falsework install a flexible geotextile root barrier along the
length of the root zone encountered. (We can provide you with a specification for this product.)
We are available to observe and advise on the work if this would assist you. Depending on the
conditions encountered it may be advisable to do an injection fertilization within the residual rooting
zone.
Please feel free to contact me at any time at 519 671 5267 or at mlla@isp.ca if clarification of this
communication is required.
Regards,
Mike Leonard O.A.L.A . , C.S.L.A .
Page 18 of 66
Report No: CP 2020-245
COMMUNITY PLANNING
Council Meeting: September 21, 2020
Page 1 of 10
To: Mayor and Members of Tillsonburg Council
From: Eric Gilbert, Senior Planner, Community Planning
Applications for Consent & Minor Variance
B20-32-7; A20-05-7– Oxford Lofts Inc.
REPORT HIGHLIGHTS
The purpose of the application for consent is to sever a vacant lot for a future multi-
residential development and retain a lot encompassing an existing multi-residential building,
within the Central Area of Tillsonburg.
The application for minor variance proposes to permit a reduced rear yard depth, reduced
planting strip width, and location of parking areas to provide for shared parking facilities for
the existing development on the retained lands, and future development on the severed
parcel.
Planning staff are recommending approval of the applications, as they are consistent with
the Provincial Policy Statement and generally maintain the intent and purpose of the Official
Plan respecting development within the Central Area of the Town of Tillsonburg.
DISCUSSION
Background
OWNERS: Oxford Lofts Inc.
61 Flanders Drive, Waterdown ON L8B 0G6
APPLICANT: Andrew Teeple
Athlon Construction and Development Corporation
164 Herbert Street, Waterloo ON N2J 1T4
LOCATION:
The subject property is described as Lot 761 and Part of Lots 763 & 764A, Plan 500, save and
except Parts 1, 2, 3, Reference Plan 41R-9352, in the Town of Tillsonburg. The lands are located
on the west side of Rolph Street, between Brock Street West and Washington Grand Avenue and
are municipally known as 83 Rolph Street.
Page 19 of 66
Report No: CP 2020-245
COMMUNITY PLANNING
Council Meeting: September 21, 2020
Page 2 of 10
COUNTY OF OXFORD OFFICIAL PLAN:
TILLSONBURG ZONING BY-LAW NO. 3295:
Existing Zoning:
Lands to be Severed: Special Entrepreneurial Zone (EC-9), with EP2 Overlay
Residential Entrepreneurial Area Holding Zone (EC-R H)
Lands to be Retained: Special Entrepreneurial Zone (EC-9), with EP2 Overlay
SERVICES: Lots to be Severed & Retained: municipal water and sanitary sewers
ACCESS: Paved, municipal road (Rolph Street)
PROPOSAL:
Area
Frontage
Avg. Depth
Severed Lot
10,466.57 m2 (2.6 ac)
68.74 m (225 ft)
127.71 m (419 ft)
Retained Lot
8,968.34 m2 (2.2 ac)
74.12 m (243 ft)
151.15 m (496 ft)
The application for consent proposes to create one new lot for a future multi-residential
development and retain a lot encompassing an existing multi-residential apartment building
development that fronts on Rolph Street. The owner has also applied for a partial discharge of
mortgage.
The proposed lot to be severed will cover an area of approximately 10,466.57 m2 (2.6 ac), and
will have approximately 68.74 m (225 ft) of frontage on Rolph Street. A single detached dwelling
currently exists but is proposed to be removed for a future multi-residential development. The lot
to be retained will have an area of approximately 8,968.34 m2 (2.2 ac), frontage of 74.12 m (243
ft) on Rolph Street, and contains a multi-residential apartment building, consisting of 46 apartment
dwelling units.
Schedule “T-1” Town of Tillsonburg
Land Use Plan
Entrepreneurial District and
Environmental Protection
Page 20 of 66
Report No: CP 2020-245
COMMUNITY PLANNING
Council Meeting: September 21, 2020
Page 3 of 10
The owner has also requested the following relief from the provisions of the Town’s Zoning By-
law:
Section 12.2, EC Zone Provisions, Required Rear Yard Depth, to reduce the rear yard
depth from 12.5 m (41 ft) to 4.7 m (15.42 ft);
Section 12.2, EC Zone Provisions, Planting Strip Width, to reduce the required planting
strip width from 1.0 m (3.3 ft) to nil;
Section 5.24.3- Location and Setback of Parking Areas, to permit parking with a 0 m
setback from the street line and interior side lot line.
The subject property is approximately 1.8 ha (4.5 ac) and contains the former Rolph Street Public
School. The western portion of the property consists of ravine lands and a former playground
proposed for parking purposes is located on the southern boundary of the site, fronting on Rolph
Street. The subject property also includes a parking lot, containing 14 spaces, located on the
west side of Valleyview Lane.
Surrounding land uses to the north, south and east include office and residential (single detached
dwellings and duplexes, triplexes, and apartments) uses fronting on Rolph Street, Ridout Street
West, Edgewood Drive, and Valleyview Lane. Ravine and valleylands bordering Stony Creek are
present to the west.
Plate 1, Location Map with Existing Zoning, shows the location of the subject lands and the
existing zoning in the immediate vicinity.
Plate 2, 2015 Aerial Map, provides an aerial view of the subject lands and immediate vicinity.
Plate 3, Applicant’s Sketch, depicts the proposed configuration of the lands to be severed and
retained.
Plate 4, Applicant’s Sketch, depicts the location of the existing sanitary sewer on the lands to be
severed and retained.
Following the review of this application, Planning staff note that an access easement will also be
required over the lot to be severed, in favour of the lot to be retained, for the purpose of accessing
the parking spaces that will be present on the retained lands. The applicant also originally
requested relief of the required number of parking spaces for the retained parcel but has since
revised the proposal to include a shared parking area on the severed lands.
Application Review
PROVINCIAL POLICY STATEMENT:
Section 1.1.1 provides that healthy liveable and safe communities are sustained by
accommodating an appropriate range and mix of residential development (including additional
units, affordable housing, and housing for older persons) to meet long-term needs, and promoting
cost-effective development that minimizes land consumption and service costs.
Page 21 of 66
Report No: CP 2020-245
COMMUNITY PLANNING
Council Meeting: September 21, 2020
Page 4 of 10
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. Land use patterns within settlement areas shall be based
on:
densities and mix of land uses which are appropriate for, and efficiently use the
infrastructure and public service facilities which are planned or available;
support active transportation;
efficiently use land and resources;
a range of uses and opportunities for intensification and redevelopment in accordance
with the criteria in policy 1.1.3.3, where this can be accommodated.
Section 1.1.3.3 of the PPS directs that planning authorities shall identify appropriate locations and
promote opportunities for intensification and redevelopment, where this can be accommodated,
taking into account existing building stock or areas, including brownfield sites, and the availability
of suitable existing or planned infrastructure and public service facilities required to accommodate
projected needs.
Further, Section 1.4.3 of the PPS directs that planning authorities shall provide for an appropriate
mix of housing types and densities to meet projected requirements of current and future residents
of the regional market area by:
Establishing and implementing minimum targets for the provision of housing which is
affordable to low and moderate income households;
Permitting and facilitating all forms of residential intensification and redevelopment and all
forms of housing required to meet the social, health and well-being requirements of current
and future residents, including special needs requirements;
Directing the development of new housing towards locations where appropriate levels of
infrastructure and public service facilities are or will be available to support current and
projected needs;
Promoting densities for new housing which efficiently uses land, resources, infrastructure
and public service facilities, and support the use of active transportation and transit areas
where it exists or is to be developed; and
Establishing development standards for residential intensification, redevelopment and new
residential development, which minimize the cost of housing and facilitate compact form
while maintaining appropriate levels of public health and safety.
Section 1.7.1 of the PPS states that long-term economic prosperity should be supported by
maintaining and, wherever possible, enhancing the vitality and viability of downtowns and main
streets.
OFFICIAL PLAN:
The Official Plan states that Entrepreneurial District areas are those lands, which feature a range
of commercial and business development opportunities through the conversion of existing
residential dwellings and new development or redevelopment. It is intended that development in
this District will result in a mixture of residential and non-residential land uses.
The vision for the Central Area is articulated in Section 8.3.2.1. 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
Page 22 of 66
Report No: CP 2020-245
COMMUNITY PLANNING
Council Meeting: September 21, 2020
Page 5 of 10
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.
A strategic objective of the Official Plan is to increase the residential population living within and
in the vicinity of the Central Area. The creation of mixed use buildings and residential
intensification is supported.
Section 8.3.2.3.2.2- POLICIES FOR REDEVELOPMENT AND NEW DEVELOPMENT OF VACANT LAND
provides review criteria for development proposals on vacant land within the Entrepreneurial
District. Review criteria include:
Low and medium density residential development shall be in accordance with the policies
of Sections 8.2.4 & 8.2.5. Notwithstanding the provisions of Section 8.2.5, new Medium
Density Residential development may be located throughout the Entrepreneurial District
on a site specific basis subject to any restriction as outlined within the ‘Special
Development Policies’ outlined below:
Appropriate buffering measures shall be incorporated into the development to minimize
potential incompatibilities with adjacent residential uses.
Existing municipal services and community facilities shall be adequate to accommodate
the development.
New development in the Entrepreneurial District designation will comply with the
Environmental Resource Protection policies and the Environmental Constraint policies of
Section 3.2.
Adequate off-street parking shall be provided.
Within the Entrepreneurial District site plan control will be applied to the conversion of
existing buildings, redevelopment and new development to ensure compatibility with
adjacent residential uses.
Residential intensification and compact urban form shall be facilitated through appropriate zoning
standards and Town Council may consider the use of reduced municipal infrastructure
requirements and lot standards on a site or area specific basis, provided that such standards are
still in keeping with the overall objectives of the Official Plan.
Medium density residential development is permitted within the Entrepreneurial District. The
maximum residential density for medium density residential development is 62 units per hectare
(25 units per acre).
.
TOWN OF TILLSONBURG ZONING BY-LAW:
The lands to be severed are zoned ‘Special Entrepreneurial Zone (EC-9)’ and ‘Residential
Entrepreneurial Area Holding Zone (EC-R H)’. The EC-RH zone permits a wide variety of
residential uses. The purpose of the Holding Provisions is to ensure that development or
redevelopment takes a form compatible with adjacent uses, site plan approval will be required
prior to any redevelopment. Permitted interim uses included residential uses with 3 or fewer
dwelling units.
Page 23 of 66
Report No: CP 2020-245
COMMUNITY PLANNING
Council Meeting: September 21, 2020
Page 6 of 10
The lands to be retained are zoned ‘Special Entrepreneurial Zone (EC-9)’. This zone permits a
wide variety of residential uses, including an apartment dwelling, business/professional offices,
and small scale business uses outlined in Section 12.1. A site specific provision for the subject
lands was approved by Town Council in May 2017 to allow dwelling units to be located in a
basement that has a floor level not more than 1.6 m (5.2 ft) below the adjacent finished grade.
The ‘EC-9’ zone also establishes a number of development standards with respect to lot area,
frontage and depth based on use. The use of the subject lands for an apartment dwelling appear
to meet these provisions.
The ‘EC-9’ zone requires apartment dwellings to have a minimum dwelling unit area of 55 m2 (592
ft2) per unit. This is to ensure that dwelling unit sizes are acceptable and comfortable for a variety
of occupancy arrangements. A minor variance was obtained in 2018 to reduce this to permit 9 of
the proposed residential apartment units to be a minimum size of 39.76 m2 (428 ft2).
The subject lands are also effected by the Environmental Protection 2 Overlay. Development
within or adjacent to (within 50 m) of lands identified within the EP2 Overlay is generally prohibited,
unless an Environmental Impact Study is provided. In this instance, no new development is
proposed beyond the extent of the existing building, and therefore an EIS is not required to for
the proposed consent.
The future development of the lot to be severed for a multi-residential development will be subject
to further planning applications, including applications for zone change and applications for site
plan approval.
TOWN OF TILLSONBURG CENTRAL AREA DESIGN STUDY:
The subject property is located in the Residential/Institutional Area as identified in the Central
Area Design Study, which was adopted by Town Council in 2012. These areas are characterized
by single family detached dwellings, semi-detached dwellings, seniors housing, and other multi-
unit residential buildings. The residential areas have potential to accommodate additional
residential development in more compact building forms.
Priority recommendations for new development within Residential Areas include respecting and
complementing the heritage character of the downtown, with heritage elements being retained
and/or refurbished.
Under the Private Realm & Architectural Control Guidelines, the design study identifies the Rolph
Street Public School as a property with identified heritage character, and provides suggestions
for any additions, signage, or redevelopment of the site, to ensure that any additions or exterior
modifications undergo a rigorous process of design review in order to ensure they contribute to
the character of heritage architecture.
AGENCY COMMENTS:
The application was circulated to various agencies considered to have an interest in the proposal.
The Town of Tillsonburg Chief Building Official provided the following comments:
Page 24 of 66
Report No: CP 2020-245
COMMUNITY PLANNING
Council Meeting: September 21, 2020
Page 7 of 10
Existing site plan for the retained lands will need to be amended to reflect new property
lines and proposed shared parking arrangements;
Conditional upon shared parking agreement/easements;
Applicant to provide a limiting distance / spatial separation report for the proposed
reduced side yard and rear yard requests for the lot to be retained. All remedial work will
require the issuance of a building permit, and all work must be completed prior to
finalization of consent application.
The Town of Tillsonburg Engineering Services Department indicated that a preliminary lot grading
plan is required for the lots to be severed and retained to demonstrate that stormwater and
drainage from the retained parcel will not traverse the severed parcel.
The County of Oxford Public Works Department provided the following comments:
Water and sanitary services shall not cross one property to service another;
As a condition of severance, all financial requirements of the Oxford County Public Works
Department must be complied with in respect to the provision of water and wastewater
service connections for the lots to be severed and retained.
An easement over the existing sanitary sewer traversing the property shall be transferred
in favour to the County of Oxford, at no cost to the County, free of all encumbrances.
At time of site plan approval for future development on the severed parcel, further
discussion will be provided with respect to site servicing and waste collection.
Union Gas has commented that their agency does have service lines running within the area,
which may or may not be affected by the proposed severance. Should the proposed severance
impact these services, it may be necessary to terminate the gas service and relocate the link
according to the new property boundaries, which would be at the expense of the property owner.
The Tillsonburg and District Chamber of Commerce indicated that they are supportive of higher
density in the downtown core as it is very important to the economic health of our downtown. The
Chamber also indicated that they support the proposed parking arrangement, provided that
appropriate parking easements are registered on title, and the required site plan agreements
would be in place to show the shared parking arrangements, to ensure they are legally binding
and any future owners have notice of such.
PUBLIC CONSULTATION:
Notice of the applications for consent and minor variance was provided to the public and
surrounding property owners on September 8, 2020 in accordance with the requirements of the
Planning Act. To date, no comments or concerns have been received from the public.
Planning Analysis
The application for consent proposes to create one new lot for a future multi-residential
development within the Central Area of Town, while retaining a lot containing the former Rolph
Street Public School multi-residential development. An application minor variance has also been
Page 25 of 66
Report No: CP 2020-245
COMMUNITY PLANNING
Council Meeting: September 21, 2020
Page 8 of 10
received to permit reduced rear yard depths, reduced planting strip width and reduced setback of
parking areas to street lines and interior lot lines.
Planning staff are of the opinion that the proposal is generally consistent with the Provincial Policy
Statement and the County’s Official Plan regarding residential intensification within a designated
and serviced settlement area.
Additionally, staff are of the opinion that this proposal will assist in providing a mix of housing
types and tenures as the proposal will create a new lot for future multi-residential development
within the Central Area, which will maintain the strategic goal of the Official Plan to support the
planned function of the downtown by facilitating increased residential development within the
Central Area as per Section 8.3.2.1 of the Official Plan.
Official Plan policies respecting development in the Entrepreneurial District permit the
redevelopment and development of vacant lots for new uses, and these policies also recognize
that Town Council may establish reduced or altered standards for driveways, parking areas,
loading spaces and may consider flexible parking arrangements such as tandem parking for
employees, off-site parking or similar measures provided that such measures do not affect other
nearby residential uses or interfere with the functionality of the site. In this instance, the proposed
shared parking arrangement between the existing development on the retained lands and a future
development on the severed lands will provide a flexible parking arrangement to maximize the
use of existing parking areas.
The original application did not include an easement over the severed parcel in favour of the
retained parcel for the purpose of accessing the parking spaces that are on the south and west
sides of the multi-residential building. Planning staff recommend that an access easement be
included in the proposal. In the event that the application is given favourable consideration,
recommended conditions of approval include the requirement to enter into a site plan agreement
to identify the number and location of shared parking areas.
With respect to the requested minor variances to the rear yard depth, Planning staff note that the
reduced rear yard to 4.7 m (15.42 ft) is only required for a small portion of the existing building on
the retained lands at the southwest corner of the building. The remainder of the rear yard depth
increases moving northward. The applicant has submitted a spatial separation report to
demonstrate how the existing building will satisfy the spatial separation distances of the Ontario
Building Code, and appropriate conditions of approval have been included to ensure the remedial
work is completed prior to the finalization of the consent.
The proposed relief of the planting strip requirements and location and setback of parking areas
can be considered minor and appropriate as the new interior lot line is proposed to be located
within the existing parking area, and the existing parking areas near Rolph Street and Valleyview
Lane are already at the streetline. The requested relief is in keeping with the general intent of the
Town’s Zoning By-Law to ensure that parking areas do not impact adjacent residential properties.
The requested relief is considered desirable as the relief will facilitate the use of the lands for
multi-residential development that is considered a permitted use by the Entrepreneurial District
Designation of the Official Plan.
The Central Area Design Study promotes the maintenance and enhancement of existing heritage
characteristics in the Central Area, particularly for buildings such as the former Rolph Street Public
School which is designated under the Ontario Heritage Act. The subject property is identified in
Page 26 of 66
Report No: CP 2020-245
COMMUNITY PLANNING
Council Meeting: September 21, 2020
Page 9 of 10
the design study as being within the ‘Residential/Institutional Area’, and the proposed
development is consistent with the principles and objectives of the study for renovations of
existing heritage character buildings. The proposed consent will not impact the appearance or
character of the existing development. Additionally, the future development of the severed lands
for a multi-residential development will need to be consistent with the guidelines of the Central
Area Design Study for new development adjacent to areas with historical significance.
The future development of the lot to be severed will be subject to future planning applications
including a zone change and site plan approval application where the proposed use and design
will be evaluated.
In light of the foregoing, Planning staff are satisfied that the consent application is consistent with
the policies of the PPS and is in keeping with the County Official Plan. As such, Planning staff
are satisfied that the applications can be given favourable consideration, subject to the
appropriate conditions, as noted below.
RECOMMENDATIONS
It is recommended that Tillsonburg Council advise the Land Division Committee that the
Town supports Minor Variance Application A20-05-7, for lands described as Lot 761 and
Part of Lots 763 & 764A, Plan 500, in the Town of Tillsonburg, municipally known as 83
Rolph Street, Town of Tillsonburg as it relates to:
1. Section 12.2, EC Zone Provisions, Required Rear Yard Depth, to reduce the rear
yard depth from 12.5 m (41 ft) to 4.7 m (15.42 ft);
2. Section 12.2, EC Zone Provisions, Planting Strip Width, to reduce the required
planting strip width from 1.0 m (3.3 ft) to nil;
3. Section 5.24.3- Location and Setback of Parking Areas, to permit parking with a 0 m
setback from the street line and interior side lot line.
As the proposed variances are;
(i) minor variances from the provisions of the Town of Tillsonburg Zoning By-law
No. 3295;
(ii) desirable for the appropriate development or use of the land;
(iii) in keeping with the general intent and purpose of the Town of Tillsonburg Zoning
By-law No. 3295; and
(iv) in keeping with the general intent and purpose of the County Official Plan.
AND FURTHER, it is recommended that Tillsonburg Council advise the Land Division
Committee that the Town supports the proposal to sever the subject property, subject to
the following conditions:
Page 27 of 66
Report No: CP 2020-245
COMMUNITY PLANNING
Council Meeting: September 21, 2020
Page 10 of 10
1. The Owner shall satisfy all requirements of the Ontario Building Code with respect
to spatial separation and complete all required remedial work to the satisfaction of
the Town Chief Building Official.
2. The Oxford County Public Works Department advise the Secretary-Treasurer of the
Oxford County Land Division Committee that all financial requirements of the
County of Oxford with respect to the provision of water and sewer services to the
subject property has been complied with, to the satisfaction of the County Public
Works Department.
3. The Owner shall obtain a site plan amendment for the approved site plan for the
development on the lot to be retained, to the satisfaction of the Town Chief Building
Official.
4. The Clerk of the Town of Tillsonburg advise the Secretary-Treasurer of the Land
Division Committee that all requirements of the Town, financial, services and
otherwise, have been complied with.
SIGNATURES
Authored by: Eric Gilbert, MCIP, RPP
Senior Planner
Approved for submission: Gordon K. Hough, RPP
Director
Page 28 of 66
July 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)
Lot to be
Severed
Lot to be
Retained
Rolph
St
Brock
St W
Ridout
St
Valleyview
Lane
Edgewood
Drive
Plate 1: Location Map with Existing Zoning
File Nos: B20-32-7, A20-05-7 - Oxford Lofts Ltd
Lot 761, Part of Lots 763, 764A, Plan 500, save and except Parts 1,2,3 of 41R-9352, 83 Rolph St, Tillsonburg
Page 29 of 66
July 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 Nos: B20-32-7, A20-05-7 -Oxford Lofts Inc.
Lot 761, Part of Lots 763, 764A, Plan 500, save and except Parts 1,2,3 of 41R-9352, 83 Rolph St, Tillsonburg
Rolph
St
Ridout
St
Lot to be
Severed
Lot to be
Retained
Page 30 of 66
Plate 3: Applicant's Sketch File Nos: B20-32-7, A20-05-7 -Oxford Lofts Inc. Lot 761, Part of Lots 763, 764A, Plan 500, save and except Parts 1,2,3 of 41R-9352, 83 Rolph St, Tillsonburg4.7 m rear yard setback6.15 m interior yard setbackPage 31 of 66
Plate 4: Applicant's Sketch File Nos: B20-32-7, A20-05-7 -Oxford Lofts Inc. Lot 761, Part of Lots 763, 764A, Plan 500, save and except Parts 1,2,3 of 41R-9352, 83 Rolph St, TillsonburgPage 32 of 66
3-
+VOF
83 Rolph Street, Tillsonburg, Ontario
July 21, 2020
20-05-7
X
X
Page 33 of 66
Section 12.2- Rear Yard Depth
Section 12.2- Planting Strip Width
12.5 m 4.7 m
1 m 0 m
Table 5.24.3- Location and Setback of Parking Areas, to permit parking with a 0 m setback to street line and interior side lot line
The proposed severed lot contains a parking area. The severance would leave the current development on the retained lot with a reduced parking ratio.
The location of the property is such that it is well suited to a walking life style and as such, reduced parking ratio. Thus far during the leasing of the subject project the
'downsizing' demographics of the retained lot have required much less parking than anticipated. In any case we are also exploring carshare programs and/or shared parking
arrangements between the current and future development on the severed lot.
X
Page 34 of 66
Page 35 of 66
Page 36 of 66
Andrew Teeple
Page 37 of 66
Report No: CP 2020-240
COMMUNITY PLANNING
Council Meeting: September 21, 2020
Page 1 of 8
To: Mayor and Members of Tillsonburg Council
From: Eric Gilbert, Senior Planner, Community Planning
Applications for Consent & Minor Variance
B20-33-7; A20-06-7– E & E McLaughlin Ltd.
REPORT HIGHLIGHTS
The purpose of these applications is to create one new residential lot fronting on the north
side of Sandy Court to facilitate the construction of a single detached dwelling and retain a
lot for similar purposes.
The application for minor variance proposes to permit a reduced lot depth of 27 m (88.5 ft)
for the lot to be severed and the lot to be retained.
Planning staff are recommending approval of the application, as it is consistent with the
Provincial Policy Statement and generally maintains the intent and purpose of the Official
Plan respecting infill development within the Town of Tillsonburg.
DISCUSSION
Background
OWNERS: E & E McLaughlin Limited
500 Highway 3, P.O Box 428, Tillsonburg ON N4G 4G8
APPLICANT: Frank Russo,
Riviera Homes
10 Michael’s Lane, Tillsonburg ON N4G 4G9
AGENT: Riviera Homes
10 Michael’s Lane, Tillsonburg ON, N4G 4G9
LOCATION:
The subject property is described as Lot 2, Plan 41M-205 & Parts 3 & 6, Reference Plan 41R-
7549, Town of Tillsonburg. The lands are located at the northwest corner of Sandy Court and
Tillson Avenue and are municipally known as 2 & 4 Sandy Court.
Page 38 of 66
Report No: CP 2020-240
COMMUNITY PLANNING
Council Meeting: September 21, 2020
Page 2 of 8
COUNTY OF OXFORD OFFICIAL PLAN:
TILLSONBURG ZONING BY-LAW NO. 3295:
Existing Zoning:
Lands to be Severed: Low Density Residential Type 2 Zone (R2)
Lands to be Retained: Low Density Residential Type 2 Zone (R2)
PROPOSED ZONING:
Lands to be Severed: Special Low Density Residential – Type 2 Zone (R2-sp)
Lands to be Retained: Special Low Density Residential – Type 2 Zone (R2-sp)
SERVICES: Lots to be Severed & Retained: municipal water and sanitary sewers
ACCESS: Paved, municipal road (Sandy Court)
PROPOSAL:
Area
Frontage
Avg. Depth
Severed Lot
474.7 m2 (5,110 ft2)
15 m (49 ft)
25.14 m (82.5 ft)
Retained Lot
451.4 m2 (4,859 ft2)
16.49 m (54 ft)
27.39 m (90.6 ft)
The application for consent proposes to create one new residential infill lot that will have frontage
on Sandy Court and Tillson Avenue. The proposed lot to be severed will cover an area of
approximately 474.7 m2 (5,110 ft2), and will have approximately 15 m (49 ft) of frontage on Sandy
Court, and 23.26 m (76.3 ft) of frontage on Tillson Avenue. A single detached dwelling is proposed
to be constructed on the lot to be severed. The lot to be retained will have an area of
approximately 451.4 m2 (4,859 ft2), frontage of 16.49 m (54 ft) on Sandy Court, and is proposed
to contain a single detached dwelling.
Schedule “T-1” Town of Tillsonburg
Land Use Plan
Residential
Schedule “T-2” Town of Tillsonburg
Residential Density Plan
Low Density Residential
Page 39 of 66
Report No: CP 2020-240
COMMUNITY PLANNING
Council Meeting: September 21, 2020
Page 3 of 8
The subject lands are approximately 924.32 m2 (0.23 ac) in size and surrounding land uses are
comprised of a mix of existing single detached dwellings and semi-detached dwellings fronting on
Sandy Court, Tillson Avenue and Nelson Street.
Plate 1, Location Map with Existing Zoning, shows the location of the subject lands and the
existing zoning in the immediate vicinity.
Plate 2, 2015 Aerial Map, provides an aerial view of the subject lands and immediate vicinity.
Plate 3, Applicant’s Sketch, depicts the proposed configuration of the lands to be severed and
retained.
Application Review
PROVINCIAL POLICY STATEMENT:
Section 1.1.3.1 of the Provincial Policy Statement (PPS) directs that settlement areas will be the
focus of growth, and their vitality and regeneration shall be promoted.
Section 1.1.3.3 of the PPS directs that planning authorities shall identify appropriate locations and
promote opportunities for intensification and redevelopment, where this can be accommodated,
taking into account existing building stock or areas, including brownfield sites, and the availability
of suitable existing or planned infrastructure and public service facilities required to accommodate
projected needs.
Further, Section 1.4.3 of the PPS directs that planning authorities shall provide for an appropriate
mix of housing types and densities to meet projected requirements of current and future residents
of the regional market area by:
Establishing and implementing minimum targets for the provision of housing which is
affordable to low and moderate income households;
Permitting and facilitating all forms of residential intensification and redevelopment and all
forms of housing required to meet the social, health and well-being requirements of current
and future residents, including special needs requirements;
Directing the development of new housing towards locations where appropriate levels of
infrastructure and public service facilities are or will be available to support current and
projected needs;
Promoting densities for new housing which efficiently uses land, resources, infrastructure
and public service facilities, and support the use of active transportation and transit areas
where it exists or is to be developed; and
Establishing development standards for residential intensification, redevelopment and new
residential development, which minimize the cost of housing and facilitate compact form
while maintaining appropriate levels of public health and safety.
Page 40 of 66
Report No: CP 2020-240
COMMUNITY PLANNING
Council Meeting: September 21, 2020
Page 4 of 8
OFFICIAL PLAN:
The subject lands are designated Low Density Residential according to the Town of Tillsonburg
Residential Density Plan, as contained in the Official Plan. Low density residential districts are
those lands that are primarily developed or planned for a variety of low-rise, low density housing
forms including both executive and smaller single-detached dwellings, semi-detached, duplex and
converted dwellings, townhouses and other, similar development. Within these areas, it is
intended that there will be a mixing and integration of different forms of housing to achieve a low
overall density of use.
Residential net density for lands designated Low Density Residential is between 15-30 units per
hectare (6-12 units per acre) and no building shall exceed three storeys in height at street
elevation. To achieve this target, a variety of lot sizes and configurations will be supported, as
well as the development of low rise, multiple units and Council may consider narrower road widths
and private roads within multiple unit condominium developments.
Multiple unit dwellings such as townhouses and cluster development in the Low Density
Residential designation will generally be restricted to sites which abut arterial or collector roads
or are situated such that traffic impacts from the site create a minimum disturbance on local
streets.
The policies of Section 8.2.4.1 (Infill Housing) provide that in order to efficiently utilize the
designated residential land and municipal servicing infrastructure, infill housing will be supported
in Low Density Residential Areas. The County Land Division Committee and Town Council will
ensure that proposals for infill development are consistent with policies contained in Section
8.2.4.1.1 and 8.2.4.1.4.
Official Plan policies respecting Street Oriented Infill permit new residential housing into an
established streetscape pattern only if the proposal is deemed to be consistent with the
characteristics of existing development on both sides of the street. The policies also require that
the proposal is consistent with street frontage, setbacks and spacing of existing development
within a two block area on the same street.
In addition, all infill proposals are subject to the following criteria:
the location of vehicular access points, the likely impact of traffic generated by the
proposal on Town streets and potential traffic impacts on pedestrian and vehicular
safety and surrounding properties is acceptable;
existing municipal services and public facilities will be adequate to accommodate the
proposed infill project;
stormwater run-off from the proposal will be adequately controlled and will not
negatively affect adjacent properties;
adequate off-street parking and outdoor amenity areas will be provided;
the extent to which the proposed development provides for the retention of any
desirable vegetation or natural features that contribute to the visual character of the
surrounding area;
the effect of the proposed development on environmental resources and the effects of
environmental constraints on the proposed development will be addressed and
mitigated;
Page 41 of 66
Report No: CP 2020-240
COMMUNITY PLANNING
Council Meeting: September 21, 2020
Page 5 of 8
consideration of the potential effect of the development on natural and heritage
resources and their settings;
compliance of the proposed development with the provisions of the Zoning By-Law of
the Town and other municipal by-laws.
TOWN OF TILLSONBURG ZONING BY-LAW:
The subject lands are zoned as ‘Low Density Residential Type 2 Zone (R2)’ which permits single
detached dwellings, duplex dwellings, semi-detached dwellings, and home occupations.
For a single detached dwelling, the R2 Zone requires a lot area of 315 m2 (3,390.7 ft2), or 450 m2
(4,843.6 ft2) for a corner lot, a lot frontage of 10.5 m (34.4 ft) or 15 m (49.2 ft) for a corner lot, a
lot depth of 30 m (98.4 ft), and a front yard depth of 6.0 m (19.69 ft).
The applicants have also requested relief from the R2 Zone provisions to permit a reduced lot
depth of 27 m (88.5 ft) for the lots to be severed and retained.
For Council’s information, the proposed single detached dwellings on the lots to be severed and
retained do not comply with the required front yard depth and rear yard depth provisions as
contained in the Town’s Zoning By-law. While the lot depth provisions can be addressed via the
proposed consent applications as the depth is directly related to the actual lot creation, the front
and rear yard setbacks are required to facilitate the construction of the dwellings, and must be
addressed via an application directly to the Town. An application for zone change has been
received to rezone the subject lands from ‘Low Density Residential Type 2 Zone (R2)’ to ‘Special
Low Density Residential – Type 2 Zone (R2-sp)’ to allow for the development of the proposed
single detached dwellings on the lots to be severed and retained with the following relief:
Reduce the minimum required front yard depth from 7.5 m (24.6 ft) to 6.0 m (19.69 ft);
Reduce the minimum required rear yard depth from 7.5 m (24.6 ft) to 3.0 m (9.8 ft).
It is anticipated that the Zone Change application will come forward to Town Council in October
once Oxford County Land Division Committee has considered the applications for consent and
minor variance.
AGENCY COMMENTS:
The application was circulated to various agencies considered to have an interest in the proposal.
The Town of Tillsonburg Chief Building Official has commented that the proposal should be
conditional upon water, sanitary and storm servicing requirements. An approved grading plan
should be provided.
The Town of Tillsonburg Engineering Services Department indicated that a preliminary lot grading
plan is required for the lots to be severed and retained.
Page 42 of 66
Report No: CP 2020-240
COMMUNITY PLANNING
Council Meeting: September 21, 2020
Page 6 of 8
The County of Oxford Public Works Department indicated that as a condition of severance, all
financial requirements of the Oxford County Public Works Department must be complied with in
respect to the provision of water and wastewater service connections for the lot to be severed.
This condition can be cleared by payment for the required services.
Union Gas has commented that their agency does have service lines running within the area,
which may or may not be affected by the proposed severance. Should the proposed severance
impact these services, it may be necessary to terminate the gas service and relocat e the link
according to the new property boundaries, which would be at the expense of the property owner.
Bell Canada, Tillsonburg Fire and Rescue Services, and the Tillsonburg and District Chamber of
Commerce have commented that they have no concerns with the proposal.
PUBLIC CONSULTATION:
Notice of the applications for consent and minor variance was provided to the public and
surrounding property owners on September 8, 2020 in accordance with the requirements of the
Planning Act. To date, no comments have been received from the public.
Planning Analysis
The application for consent proposes to create one new lot for the development of a single
detached dwelling in the northeast area of the Town of Tillsonburg. An application minor variance
has also been received to permit reduced lot depths for the lot to be severed and retained.
Planning staff are of the opinion that the proposal is generally consistent with the Provincial Policy
Statement and the County’s Official Plan regarding residential intensification within a designated
and serviced settlement area.
Specifically, staff are of the opinion that the proposal will facilitate an increased mix of housing
types that will assist in meeting housing requirements of the regional market on lands designated
for such use. Further, staff are satisfied that the proposal will also assist in utilizing existing and
planned servicing infrastructure and public service facilities, while maintaining intended density
targets and efficiently utilizing existing underutilized lands.
Official Plan policies respecting Street Oriented Infill permit new residential housing into an
established streetscape pattern only if the proposal is deemed to be consistent with the
characteristics of existing development on both sides of the street. The policies also require that
the proposal is consistent with street frontage, setbacks and spacing of existing development
within a two block area on the same street.
In this instance, development along this area of Tillson Avenue is a mix of residential densities
and dwelling types. To the north and south fronting on the west side of Tillson Avenue are a mix
of single detached dwellings and semi-detached dwellings. Development fronting on Sandy Court
is characterized by a mix of single detached and semi-detached dwellings. The spacing and
frontage of the proposed dwellings will be similar to existing development in the immediate vicinity.
Page 43 of 66
Report No: CP 2020-240
COMMUNITY PLANNING
Council Meeting: September 21, 2020
Page 7 of 8
Staff are of the opinion that the proposal will comply with the review criteria for infill proposals
contained in the Official Plan, as adequate municipal services are present to accommodate the
development, the lands will be of a sufficient size to provide for adequate off-street parking and
outdoor amenity areas, and any drainage or stormwater impacts to surrounding properties will be
further reviewed and subject to approval through the recommended conditions of approval, or
prior to the issuance of a building permit.
With respect to the requested minor variances to the required lot depth, Planning staff are of the
opinion that the requested relief is appropriate, in this instance. The lots to be severed and
retained were originally intended to front on Tillson Avenue, however, the applicants’ proposal to
have the lots front on Sandy Court will in effect ‘flip’ the primary amenity areas from the rear of
the dwellings to the side of the dwellings. The applicant has provided a proposed site
development plan illustrating proposed building footprints that will accommodate the reduced lot
depth.
Planning staff are of the opinion that the requested relief is minor in nature, as the proposed lot
depth reductions will not impact the ability of the residential lots to accommodate a single
detached dwelling, or adequate amenity areas. The requested relief is in keeping with the general
intent of the Town’s Zoning By-Law to ensure that residential lots are sized appropriately to
accommodate required parking, setbacks, and amenity areas. The requested relief is considered
desirable as the relief will facilitate the use of the lands for single detached dwellings that are
permitted within the Low Density Residential Designation of the Official Plan.
The applicants have submitted a zoning application (ZN 7-20-09) to permit a reduced front yard
depth and rear yard depth to facilitate the proposed dwellings. It is expected that the zoning
application will be considered by Town Council following Oxford County Land Division
Committee’s consideration of the application for consent and minor variance.
In light of the foregoing, Planning staff are satisfied that the consent application is consistent with
the policies of the PPS and is in keeping with the County Official Plan. As such, Planning staff
are satisfied that the applications can be given favourable consideration, subject to the
appropriate conditions, as noted below.
RECOMMENDATIONS
That Tillsonburg Council advise the Land Division Committee that the Town is supports of
Minor Variance Application A20-06-7, for lands described as Lot 2, Plan 41M-205 and
PARTS 3 & 6, Reference Plan 41R-7549, Town of Tillsonburg as it relates to:
1. Relief from Section 7.2, Table 7.2 – R2 Zone Provisions, to reduce the minimum lot
depth from 30 m (98.4 ft) to 27 m (88.5 ft) for the lots to be severed; and
2. Relief from Section 7.2, Table 7.2 – R2 Zone Provisions, to reduce the minimum lot
depth from 30 m (98.4 ft) to 27 m (88.5 ft) for the lots to be retained;
Page 44 of 66
Report No: CP 2020-240
COMMUNITY PLANNING
Council Meeting: September 21, 2020
Page 8 of 8
As the proposed variances are;
(i) minor variances from the provisions of the Town of Tillsonburg Zoning By-law
No. 3295;
(ii) desirable for the appropriate development or use of the land;
(iii) in keeping with the general intent and purpose of the Town of Tillsonburg Zoning
By-law No. 3295; and
(iv) in keeping with the general intent and purpose of the County Official Plan.
AND FURTHER, it is recommended that Tillsonburg Council advise the Land Division
Committee that the Town supports the proposal to sever the subject property, subject to
the following conditions:
1. The Oxford County Public Works Department advise the Secretary-Treasurer of the
Oxford County Land Division Committee that all financial requirements of the
County of Oxford with respect to the provision of water and sewer services to the
subject property has been complied with, to the satisfaction of the County Public
Works Department.
2. The owners shall provide a preliminary lot grading plan, to the satisfaction of the
Town of Tillsonburg Engineering Services Department.
3. The Clerk of the Town of Tillsonburg advise the Secretary-Treasurer of the Land
Division Committee that all requirements of the Town, financial, services and
otherwise, have been complied with.
SIGNATURES
Authored by: Eric Gilbert, MCIP, RPP,
Senior Planner
Approved for submission: Gordon K. Hough, RPP, Director
Page 45 of 66
July 16, 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)
Sandy
Court
Lot to be
Severed
Plate 1: Location Map with Existing Zoning
File Nos: B20-33-7, A20-06-7 & ZN 7-20-09 - E & E McLaughlin Ltd
Lot 2, Plan 41M-205 and Parts 3 & 6, Plan 41R-7549, 2 & 4 Sandy Court, Town of Tillsonburg
Lot to be
Retained
Page 46 of 66
July 16, 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: 2015 Aerial Map
File Nos: B20-33-7, A20-06-7 & ZN 7-20-09 - E & E McLaughlin Ltd
Lot 2, Plan 41M-205 and Parts 3 & 6, Plan 41R-7549, 2 & 4 Sandy Court, Town of Tillsonburg
Lot to be
Severed
Lot to be
Retained
Page 47 of 66
Plate 3: Applicant's Sketch
File Nos: B20-33-7, A20-06-7 & ZN 7-20-09 - E & E McLaughlin Ltd
Lot 2, Plan 41M-205 and Parts 3 & 6, Plan 41R-7549, 2 & 4 Sandy Court, Town of Tillsonburg
Page 48 of 66
20-32-7
20-06-7
000280227June 30/20
c/o Frank Russo
Page 49 of 66
Page 50 of 66
Page 51 of 66
Page 52 of 66
Page 53 of 66
Page 1 of 6
Report No: CP 2020-250
COMMUNITY PLANNING
Council Date: September 21, 2020
To: Mayor and Members of Tillsonburg Council
From: Heather St. Clair, Development Planner, Community Planning
Application for Zone Change
ZN 7-20-10 – Nagy
REPORT HIGHLIGHTS
The application for zone change proposes to rezone the subject lands from ‘Future
Development Zone (FD)’ to ‘Special Future Development Zone (FD-sp)’ to permit a
contractor’s yard, as well as a public storage use on the subject lands.
Planning staff are recommending approval of the application as it is generally consistent with
the policies of the Provincial Policy Statement and the County Official Plan with respect to
permitted uses on lands designated for Industrial uses.
DISCUSSION
Background
OWNER: Olga Nagy
52 Vesison Street, Tillsonburg ON N4G 1V1
APPLICANT: Lajos David Nagy
1801 Highway 3, Tillsonburg ON N4G 4G8
LOCATION:
The subject lands are described as Part Lot 3, Concession 5 in the Town of Tillsonburg. The
subject lands are located on the south side of Highway 3, east of Clearview Drive and are
municipally known as 1801 Highway 3, Tillsonburg.
COUNTY OF OXFORD OFFICIAL PLAN:
Schedule “T-1”
Town of Tillsonburg
Land Use Plan
Industrial
Page 54 of 66
Report No: CP 2020-250
COMMUNITY PLANNING
Council Date: September 21, 2020
Page 2 of 6
TOWN OF TILLSONBURG ZONING BY-LAW NO.3295:
Existing Zoning:
Future Development Zone (FD)
Proposed Zoning:
Special Future Development Zone (FD-sp)
PROPOSAL:
The application for zone change proposes to rezone the subject lands from ‘Future Development
Zone (FD)’ to ‘Special Future Development Zone (FD-sp)’ to permit the property to be used as a
contractor’s yard and to permit the existing shop on the subject lands, which is approximately 680
m2 (7,319.4 ft2) to be used for public storage purposes.
The subject lands are approximately 3,877.3 m2 (41,735.3 ft2) in size, with approximately 28.5 m
(93.5 ft) of frontage on Highway 3 and contain the existing shop, as well as an existing single
detached dwelling, built in approximately 1967. Surrounding land uses predominately consist of
industrial lands to the north, vacant industrial lands that are currently in agricultural production to
the south as well as the CN Railway to the northeast and a number of existing residential parcels
to the immediate west, which are also located within the ‘FD’ zoning.
Plate 1, Location Map with Existing Zoning, shows the location of the subject property and the
existing zoning in the immediate vicinity.
Plate 2, Close-up of Subject Lands (2015 Air Photo), provides an aerial view of the subject
property and shows the location of the existing shop on the subject lands.
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 of the PPS directs that settlement areas shall be the focus of growth and
development and that land use patterns within settlement areas shall be based on densities
and a mix of land uses which efficiently use land and resources, are appropriate for, and
efficiently use, the infrastructure and public service facilities which are planned or available
and avoid the need for their unjustified and/or uneconomical expansion. Land use patterns
within settlement areas shall also minimize negative impacts to air quality and climate change
and promote energy efficiency.
Section 1.3 of the PPS addresses employment uses and 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;
Page 55 of 66
Report No: CP 2020-250
COMMUNITY PLANNING
Council Date: September 21, 2020
Page 3 of 6
• 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;
• encouraging compact, mixed-use development that incorporates compatible
employment uses to support livable and resilient communities, and
• planning for, protecting and preserving employment areas for current and future uses;
• ensuring the necessary infrastructure is provided to support current and projected
needs.
The PPS provides that employment areas are those areas designated in an Official Plan for
clusters of business and economic activity. As the subject lands are designated as Industrial
lands in the County Official Plan, they can be considered an employment area.
Planning authorities shall plan for, protect and preserve employment areas for current and future
uses and ensure that the necessary infrastructure is provided to support current and projected
needs.
OFFICIAL PLAN:
The subject lands are designated as Industrial according to the Land Use Plan for the Town of
Tillsonburg, as contained in the County’s Official Plan. Industrial areas include those lands that
are designated for the full range of industrial type activity including light industrial, medium and
heavy industrial uses. Such uses may generate on and off-site effects such as traffic, noise,
vibration, fumes or visual appearances.
Permitted uses on lands designated as Industrial include assembling, manufacturing, fabricating,
processing, repair activities, storage and warehousing industries and construction industries,
together with processing, office, sales and management activities and in order to maintain the
viability of the Industrial Area, Town Council shall limit the amount of non -industrial activity
permitted in the Industrial designation.
While the subject lands are designated as Industrial they, along with a number of other properties
to the immediate west, are currently occupied by single detached dwellings.
Section 10.3.5 of the Official Plan provides policy guidance for the recognition of non-
conforming uses in the Zoning By-law. The policies provide that although it is the general intent
of the plan that the long-term use of land conform with the objectives and policies of the Plan,
a legally established land use may be recognized as a permitted use in the Zoning By-
law provided that Town Council is of the opinion that:
• the use does not involve hazardous activities or substances;
• the use does not contribute to air, water, or land pollution problems;
• the use can or has achieved an acceptable measure of compatibility with adjacent uses,
is not associated with any building deterioration or lack of property maintenance, does
not generate traffic that threatens the safety of the surrounding area, and does not
interfere with the development of conforming uses in the surrounding area;
• the long-term continuation and any potential expansion of use will not detract from
the general intent of the Official Plan;
• recognition of the use is not likely to result in proposals to amend the Plan to allow
similar types of uses.
Page 56 of 66
Report No: CP 2020-250
COMMUNITY PLANNING
Council Date: September 21, 2020
Page 4 of 6
TOWN OF TILLSONBURG ZONING BY-LAW:
The subject lands are zoned as ‘Future Development Zone (FD)’ in the Town of Tillsonburg Zoning
By-law No. 3295. Permitted uses in the ‘FD’ zone include a farm, a home occupation, a public
use, a seasonal fruit and vegetable stand, as well as an existing single detached dwelling and
any existing accessory buildings, together with any alterations thereto made after the passing of
the By-law, provided such alterations do not enlarge the gross floor area of such dwelling or
accessory building by more than 25%.
Development standards for lands zoned ‘FD’, as contained in Table 18.2 provide that minimum
lot area and frontage requirements for non-residential uses are 1,400 m2 (15,070 ft2) and 30 m
(98.4 ft), respectively. A minimum 20 m (65.5 ft) setback is required from an Arterial Road (such
as Highway 3), and a minimum front yard setback of 7.5 m (24.6 ft) is required, while a minimum
10 m (32.8 ft) rear yard and 6 m (18.7 ft) interior side yard is required for a non-residential use.
The Zoning By-Law defines a contractor’s shop or yard as the use of land, buildings or structures
for the purpose of storing equipment, vehicles or material used by a construction contractor or
other building trade, together with any associated maintenance, assembly or shop work.
AGENCY COMMENTS:
The application was circulated to various public agencies considered to have an interest in the
proposal.
The Tillsonburg Building Services Department has commented that if approved, the existing shop
will require a change of use permit, in compliance with the Ontario Building Code and that the
applicant should be aware of Noise By-law 4255 as it relates to the proposed use and the existing
neighbouring residential uses. The development of the contractor’s yard will be subject to site
plan control.
The Chamber of Commerce has questioned the number of existing public storage units within the
Town of Tillsonburg, and questioned whether employment opportunities would be restricted
without limitations on such uses.
The 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 August 19, 2020 and September 4, 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.
Planning Analysis
The application for zone change proposes to rezone the subject lands from ‘Future Development
Zone (FD)’ to ‘Special Future Development Zone (FD-sp)’ to permit a contractor’s yard on the
subject lands and a public storage use within an existing 680 m2 (7,319.4 ft2) accessory building
on the property.
Page 57 of 66
Report No: CP 2020-250
COMMUNITY PLANNING
Council Date: September 21, 2020
Page 5 of 6
The subject lands contain an existing single detached dwelling, built in approximately 1967, as
well as the said residential accessory structure and are located on the east side of a cluster of
existing residential parcels along Highway 3 that are also zoned as ‘FD’ in the Town Zoning By-
law, while being designated as Industrial in the Oxford County Official Plan.
The ‘Future Development Zone (FD)’ is intended to restrict development opportunities until such
time as development can be considered that is in keeping with the overarching land use
designation, which in this case is intended for industrial development. It is the intention of the
Official Plan that the long-term use of the subject lands will conform to the objectives and policies
of the Plan and that the change of use of a legally established land use that does not conform to
the Official Plan will result in a new land use that is more in keeping with the intent of the Industrial
designation or will not further impede the ability of the lands to develop for a use more in keeping
with the intent of the Official Plan in the future.
The applicant is proposing a small industrial use, consisting of a contractor’s yard and public
storage building within an existing detached accessory structure on the subject lands, which was
constructed in 1990, according to the applicant, which predates the current Zoning By-law
Number 3295, which was adopted in 2008.
Planning staff are generally satisfied that the proposed uses can be considered in keeping with
the overall policy direction of the Official Plan for lands designated as industrial. Further, Planning
staff are of the opinion that the limited scale of the proposed uses, which will be located within an
existing building on the subject lands, approximately 680 m2 (7,319.45 ft2) in size, will result in
minimal impact on surrounding land uses, which are also zoned as ‘FD’ in the Town Zoning By-
law and it is noted that the change of use permit required by the Town Building Department will
require the applicant to enter into a site plan control agreement with the Town to address design
considerations for the site to further ensure minimal impact is had on surrounding sensitive land
uses, such as the establishment of fencing or vegetative buffering from neighbouring residences.
Additionally, it is recommended that any open storage on the lot be compliant with the Open
Storage provisions of the General Industrial zone.
To this end it is noted that the proposed uses are unlikely to involve any hazardous activities or
substances and are not expected to interfere with the future development of the subject lands or
surrounding land uses for industrial purposes and it is the opinion of Planning staff that the
proposed uses will not detract from the general intent of the PPS and the County Official Plan to
preserve employment areas.
In light of the foregoing, this Office is satisfied that the applicant’s proposal to rezone the subject
lands to permit a contractor’s shop and a public storage business within the existing residential
accessory building is consistent with the Provincial Policy Statement and maintains the general
intent and purpose of the Official Plan and can be supported from a planning perspective.
RECOMMENDATION
It is recommended that the Council of the Town of Tillsonburg approve the zone change
application submitted by Olga Nagy (Lajos Nagy), whereby the lands described as Part Lot
3, Concession 5 in the Town of Tillsonburg, known municipally as 1801 Highway 3, are to
be rezoned from ‘Future Development Zone (FD)’ to ‘Special Future Development Zone
(FD-sp)’ to allow for the development of a contractor’s yard & shop and a public storage
business within an existing non-residential building on the subject lands.
Page 58 of 66
Report No: CP 2020-250
COMMUNITY PLANNING
Council Date: September 21, 2020
Page 6 of 6
SIGNATURES
Authored by: Heather St. Clair MCIP, RPP
Development Planner
Approved for submission by: Eric Gilbert, MCIP, RPP
Senior Planner
Page 59 of 66
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)
Subject
Lands
Plate 1: Location Map with Existing Zoning
File No: ZN 7-20-10 - Olga Nagy
Part Lot 3, Concession 5 NTR (Middleton), 1801 Highway 3, Town of Tillsonburg
Highway
3
Clearview
Drive
CN
Railway
Page 60 of 66
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
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 7-20-10 - Olga Nagy
Part Lot 3, Concession 5 NTR (Middleton), 1801 Highway 3, Town of Tillsonburg
Subject
Lands
Highway
3
CN
Railway
Page 61 of 66
ZN 7-20-10
July 24/20
PIN 000380031
Page 62 of 66
Page 63 of 66
d) If known, the length of time that the existing uses of the subject lands have continued?
Page 64 of 66
Page 65 of 66
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2020-095
A BY-LAW to confirm the proceedings of Council at its meeting held on the 21st
day of September, 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 September 21, 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 21st DAY OF SEPTEMBER, 2020.
READ A THIRD AND FINAL TIME AND PASSED THIS 21st DAY OF SEPTEMBER,
2020.
________________________________
MAYOR – Stephen Molnar
_______________________________
TOWN CLERK – Michelle Smibert
Page 66 of 66