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201019 Planning Council Meeting AgendaThe Corporation of the Town of Tillsonburg Council Planning Meeting AGENDA Monday, October 19, 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, October 19, 2020, be adopted. 3.Disclosures of Pecuniary Interest and the General Nature Thereof 4.Adoption of Council Planning 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 10-20 (Pickersgill) Proposed Resolution #3 Moved By: ________________ Seconded By: ________________ THAT the Committee of Adjustment approve Application File A10-20, submitted by Mike & Dianne Pickersgill, for lands described as Lot 1, Part Lot 2, Plan M147, Part 1 of 41R-6720, in the Town of Tillsonburg, as it relates to: Relief from Section 6.2 - R1 Zone Provisions, to reduce the minimum required rear yard depth from 12 m (39.3 ft) to 11.40 m (37.4 ft). 1. Relief from Section 6.2 - R1 Zone Provisions, to reduce the minimum required exterior side yard width from 6.7 m (22 ft) to 6.5 m (21.4 ft) to facilitate the construction of a sunroom addition on the subject lands. 2. Subject to the Owners obtaining a building permit for the proposed sunroom addition within one year of the date of the Committee’s Decision. 5.2.Application for Minor Variance A 11-20 (Saude) Proposed Resolution #4 Moved By: ________________ Seconded By: ________________ THAT the Committee of Adjustment approve Application File A11-20, submitted by Catarina Saude, for lands described as Lot 70, Plan 41M-143, in the Town of Tillsonburg, as it relates to: Relief from Section 5.37.1, Table 5.37.1 - Permitted Projections into Required Yards, to increase the permitted projection for a covered deck / pergola into the required rear yard from 1.5 m (4.92 ft) to 3.66 m (12 ft). 1. Subject to the Owner obtaining a building permit for the proposed pergola within one year of the date of the Committee’s Decision. Proposed Resolution #5 Moved By: ________________ Seconded By: ________________ THAT Council move out of the Committee of Adjustment and move back into regular Council session at ____ p.m. 5.3.Application for Zone Change ZN 7-20-09 (E & E McLaughlin Ltd.) Proposed Resolution #6 Moved By: ________________ Seconded By: ________________ THAT Council approve the zone change application, File No. ZN 7-20-09, as submitted by E & E McLaughlin Limited, for lands described as Lot 2, Plan 41M-205 & Parts 3 & 6 of 41R-7549, in the Town of Tillsonburg, to rezone the subject lands to provide for a reduced front yard depth and reduced rear yard depth for proposed single detached dwellings. 5.4.Application for Zone Change ZN 7-20-11 (Singh) Page 2 of 90 Proposed Resolution #7 Moved By: ________________ Seconded By: ________________ THAT Council approve the zone change application submitted by Amarjit Singh, whereby the lands described Part Lot 77, Plan 500, Lots 17 & 18, Plan 551, Part 1 of 41R-1273, in the Town of Tillsonburg known municipally as 14 Glendale Drive are to be rezoned from Minor Institutional Zone (IN1)’ to ‘Special Low Density Residential Type 3 Zone (R3-sp)’ to facilitate the development of a multiple unit dwelling consisting of 7 dwelling units. 6.Planning Reports 6.1.Application for Consent B20-46-7 (Klassen) Proposed Resolution #8 Moved By: ________________ Seconded By: ________________ THAT Council advise Oxford County Land Division Committee that it does not support the proposal to sever the subject property as the proposal is not consistent with the policies of the Official Plan respecting infill severances as the lot to be severed does not front on an improved street, and no municipal services exist to serve the lot to be severed. 7.New Business 8.Motions/Notice of Motions 9.By-Laws 9.1.A By-Law to amend Zoning By-Law Number 3295, as amended (ZN 7-20-09) 9.2.A By-Law to amend Zoning By-Law Number 3295, as amended (ZN 7-20-11) Proposed Resolution #9 Moved By: ________________ Seconded By: ________________ THAT A By-Law to amend Zoning By-Law Number 3295, as amended (ZN 7-20-09); and A By-Law to amend Zoning By-Law Number 3295, as amended (ZN 7-20-11), be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 10.Confirm Proceedings By-law Page 3 of 90 Proposed Resolution #10 Moved By: ________________ Seconded By: ________________ THAT By-Law 2020-099, to Confirm the Proceedings of the Council Meeting held on October 19, 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.Adjournment Proposed Resolution #11 Moved By: ________________ Seconded By: ________________ THAT the Council Meeting of Monday, October 19, 2020 be adjourned at ____ p.m. Page 4 of 90 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: A10-20 APPLICATION FOR MINOR VARIANCE TO: Town of Tillsonburg Committee of Adjustment MEETING: October 19, 2020 REPORT NUMBER: 2020-259 OWNERS/ APPLICANTS: Mike & Dianne Pickersgill 135 Glendale Drive, Tillsonburg ON N4G 5V9 AGENT: Bill Klyn Carpentry 2 Palmer Street East, Norwich ON N0J 1P0 REQUESTED VARIANCES: 1. Relief from Section 6.2 - R1 Zone Provisions, to reduce the minimum required rear yard depth from 12 m (39.3 ft) to 11.40 m (37.4 ft). 2. Relief from Section 6.2 - R1 Zone Provisions, to reduce the minimum required exterior side yard width from 6.7 m (22 ft) to 6.5 m (21.4 ft) to facilitate the constructio n of a sunroom addition on the subject lands. LOCATION: The subject property is described as Lot 1, Part Lot 2, Plan M147, Part 1 of 41R-6720, in the Town of Tillsonburg. The property is located on the southeast corner of the intersection of Glendale Drive and Quarter Town Line, and is municipally known as 135 Glendale Drive. BACKGROUND INFORMATION: COUNTY OF OXFORD OFFICIAL PLAN: Schedule ‘T-1’ Town of Tillsonburg Land Use Plan Residential Schedule ‘T-2’ Town of Tillsonburg Residential Density Plan Low Density Residential TOWN OF TILLSONBURG ZONING BY-LAW : Low Density Residential Type 1 Zone (R1) Page 5 of 90 File Number: A10-20 Report Number 2020-259 Page 2 SURROUNDING USES: Predominately low density residential uses, consisting of single detached dwellings and an institutional use (elementary school) to the south. COMMENTS: (a) Purpose of the Application: The applicant is requesting relief from the above-noted sections of the Town Zoning By-law to facilitate the construction of a sunroom addition to an existing single detached dwelling. The proposed sunroom will have an area of 19.5 m2 (210 ft2) and will replace an existing wood deck. The subject property is approximately 766.8 m2 (8,254 ft2) in size, with frontage on Glendale Drive and Quarter Town Line. The subject lands contain an existing single detached dwelling (circ. 2003). 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 single detached dwelling and the proposed sunroom addition. (b) Agency Comments: The application was circulated to a number of public agencies. The Town Building Department indicated that if approved, the applicants will require an updated building location survey. The Town Engineering Services Department, Town Fire Chief and Oxford County Public Works Department indicated that they have no concerns with the application. (c) Public Consultation: Public Notice was provided to surrounding property owners on October 8, 2020 in accordance with the requirements of the Planning Act. As of the writing of this report, no comments or concerns had been received from the public. (d) Intent and Purpose of the Official Plan: The subject lands are designated ‘Low Density Residential’ according to the Official Plan. Within the ‘Low Density Residential’ designation, permitted land uses primarily consist of low density housing forms including single detached dwellings, duplexes and street fronting town houses as well as accessory uses thereto. The use of the lands for a single detached dwelling and proposed sunroom is permitted in the Low Density Residential designation. Page 6 of 90 File Number: A10-20 Report Number 2020-259 Page 3 (e) Intent and Purpose of the Zoning By-law: The subject property is zoned ‘Low Density Residential Type 1 Zone (R1)’ in the Town Zoning By-law, which permits a single detached dwelling and accessory uses. The R1 Zone requires a minimum rear yard depth of 12 m (39.4 ft), and a minimum exterior side yard width of 7.5 m (24.6 ft) for lots created prior to the passing of Zoning By-Law 3295 (2008). The subject property was granted minor variances in 2002 to permit a rear yard depth of 11.81 m (38.75 ft) and an exterior side yard width of 6.7 m (22 ft) to facilitate the construction of the existing dwelling. The sunroom addition is proposed to replace the existing deck and requires additional relief as the sunroom is considered to be part of the dwelling and additional encroachments beyond the dwelling are not permitted. The purpose of the required rear yard depth provision is to ensure that adequate amenity space remains for the occupants of the dwelling, and that any drainage swales or easements can be accommodated. The purpose of the required exterior side yard width is primarily to ensure that buildings or structures do not impact the adjacent road network, including sight lines and the ability of the municipality to undertake proper maintenance. Planning staff consider the proposed relief to be in keeping with the Zoning By-Law as in this instance the sunroom addition will be in line with the existing dwelling and the further relief of the exterior side yard width is required due to the angle of the lot line adjacent to Quarter Town Line. As the sunroom will only encroach 0.36 m (1.2 ft) further into the rear yard than the existing dwelling there will be sufficient space remaining for private amenity area and the sunroom will not be located near the existing drainage swale on the subject lands. (f) Desirable Development/Use: It is the opinion of this Office that the applicants’ request can be considered minor and desirable for the development of the subject property. As the proposed relief is not anticipated to impact the ability of the property to provide adequate amenity space and will not impact traffic safety, or negatively impact drainage or overall subdivision stormwater management design, the requested relief can be considered minor. Further, Staff are satisfied that the proposed relief will add usable living space to the residential dwelling on the subject lands without creating an undesirable precedent for similarly zoned lands in the area. 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 and in conclusion, 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 7 of 90 File Number: A10-20 Report Number 2020-259 Page 4 RECOMMENDATION: That the Town of Tillsonburg Committee of Adjustment approve Application File A10-20, submitted by Mike & Dianne Pickersgill, for lands described as Lot 1, Part Lot 2, Plan M147, Part 1 of 41R-6720, in the Town of Tillsonburg, as it relates to: 1. Relief from Section 6.2 - R1 Zone Provisions, to reduce the minimum required rear yard depth from 12 m (39.3 ft) to 11.40 m (37.4 ft). 2. Relief from Section 6.2 - R1 Zone Provisions, to reduce the minimum required exterior side yard width from 6.7 m (22 ft) to 6.5 m (21.4 ft) to facilitate the construction of a sunroom addition on the subject lands. Subject to the following condition: i. The Owners shall obtain a building permit for the proposed sunroom addition within one year of the date of the Committee’s Decision. As the proposed variances are: (i) minor variances from the provisions of the Town of Tillsonburg Zoning By-law No. 3295; (ii) desirable for the appropriate development or use of the land; (iii) in-keeping with the general intent and purpose of the Town of Tillsonburg Zoning By-law No. 3295; and (iv) in-keeping with the general intent and purpose of the Official Plan. Authored by: Eric Gilbert, MCIP, RPP Senior Planner Approved for submission by: Gordon K. Hough, RPP Director Page 8 of 90 September 17, 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 1: Location Map with Existing Zoning File No: A10/20 - Mike & Dianne Pickersgill Lot 1, Part Lot 2, Plan M-147, Part 1 of 41R-6720, 135 Glendale Drive, Tillsonburg Subject Property Quarter Town Line Page 9 of 90 September 17, 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: A10/20 - Mike & Dianne Pickersgill Lot 1, Part Lot 2, Plan M-147, Part 1 of 41R-6720, 135 Glendale Drive, Tillsonburg Quarter Town Line Subject Property Glendale Drive Page 10 of 90 Plate 3: Applicants' Sketch File No: A10/20 - Mike & Dianne Pickersgill Lot 1, Part Lot 2, Plan M-147, Part 1 of 41R-6720, 135 Glendale Drive, TillsonburgPage 11 of 90 A10-20000260956 Page 12 of 90 Page 13 of 90 Page 14 of 90 Page 15 of 90 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: A11-20 APPLICATION FOR MINOR VARIANCE TO: Town of Tillsonburg Committee of Adjustment MEETING: October 19, 2020 REPORT NUMBER: 2020-260 OWNER/ APPLICANT: Catarina Saude 42 William Street, Tillsonburg ON N4G 1L8 AGENT: Evan Prouse (RND Construction Inc) 37 Woodcock Drive, Tillsonburg ON N4G 4M3 REQUESTED VARIANCE: 1. Relief from Section 5.37.1, Table 5.37.1 - Permitted Projections into Required Yards, to increase the permitted projection for a covered deck / pergola into a required rear yard from 1.5 m (4.92 ft) to 3.66 m (12 ft). LOCATION: The subject property is described as Lot 70, Plan 41M-143, in the Town of Tillsonburg. The property is located on the south side of William Street, between Beech Boulevard and Sycamore Drive, and is municipally known as 42 William Street. BACKGROUND INFORMATION: COUNTY OF OXFORD OFFICIAL PLAN: Schedule ‘T-1’ Town of Tillsonburg Land Use Plan Residential Schedule ‘T-2’ Town of Tillsonburg Residential Density Plan Low Density Residential TOWN OF TILLSONBURG ZONING BY-LAW : Low Density Residential Type 1A Zone (R1A) Page 16 of 90 File Number: A11-20 Report Number 2020-260 Page 2 SURROUNDING USES: Predominately low density residential uses, consisting of single detached dwellings. COMMENTS: (a) Purpose of the Application: The applicant is requesting relief from the above-noted section of the Town Zoning By-law to facilitate the construction of a pergola on an existing deck. The proposed pergola will have an area of 13.4 m2 (144 ft2) and will be constructed upon an existing wood deck. The subject property is approximately 559.6 m2 (6,024 ft2) in size, with frontage on William Street. The subject lands contain an existing single detached dwelling (circ. 2015). 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 single detached dwelling and the proposed pergola. (b) Agency Comments: The application was circulated to a number of public agencies. The Town Building Department indicated that if approved, the applicant will need to provide an updated building location survey. The Town Engineering Services Department, Town Fire Chief and Oxford County Public Works Department indicated that they have no concerns with the application. (c) Public Consultation: Public Notice was provided to surrounding property owners on October 8, 2020 in accordance with the requirements of the Planning Act. As of the writing of this report, no comments or concerns had been received from the public. (d) Intent and Purpose of the Official Plan: The subject lands are designated ‘Low Density Residential’ according to the Official Plan. Within the ‘Low Density Residential’ designation, permitted land uses primarily consist of low density housing forms including single detached dwellings, duplexes and street fronting town houses as well as accessory uses thereto. The use of the lands for a single detached dwelling and accessory uses, such as a pergola, is permitted within the Low Density Residential designation. Page 17 of 90 File Number: A11-20 Report Number 2020-260 Page 3 (e) Intent and Purpose of the Zoning By-law: The subject property is zoned ‘Low Density Residential Type 1A Zone (R1A)’ in the Town Zoning By-law, which permits a single detached dwelling and accessory uses. Table 5.37.1- Permitted Projections into Required Yards, provides that a covered deck / pergola is permitted to project 1.5 m (4.92 ft) into a required rear yard. The applicant is seeking to extend the permitted projection to 3.66 m (12 ft) to encompass the existing deck. The intent of the rear yard depth provision and related provisions limiting encroachments into the rear yard, is to ensure that single detached dwellings maintain adequate setback to provide a buffer between neighbouring properties, and to maintain sufficient space for recreation and amenity areas. Rear yard space is also required to be maintained for drainage purposes. In this case, it is not anticipated that the increased permitted projection for the pergola will have a negative impact on available amenity area of the subject lands, or the necessary lot grading and drainage provisions. The proposed pergola will be constructed on an existing deck and as such, no further impacts are anticipated. (f) Desirable Development/Use: It is the opinion of this Office that the applicant’s request can be considered minor and desirable for the development of the subject property. As the proposed relief is not anticipated to impact the ability of the property to provide adequate amenity space, or negatively impact drainage or overall subdivision stormwater management design, the requested relief can be considered minor. Further, staff are satisfied that the proposed relief will contribute to the overall amenity space on the subject lands without creating an undesirable precedent for similarly zoned lands in the area. 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 and further, that the proposal is minor in nature and satisfies the four tests for minor variance as set out in Section 45(1) of the Planning Act. RECOMMENDATION: That the Town of Tillsonburg Committee of Adjustment approve Application File A11-20, submitted by Catarina Saude, for lands described as Lot 70, Plan 41M-143, in the Town of Tillsonburg, as it relates to: 1. Relief from Section 5.37.1, Table 5.37.1 - Permitted Projections into Required Yards, to increase the permitted projection for a covered deck / pergola into the required rear yard from 1.5 m (4.92 ft) to 3.66 m (12 ft). Subject to the following condition: i. The Owner shall obtain a building permit for the proposed pergola within one year of the date of the Committee’s Decision. Page 18 of 90 File Number: A11-20 Report Number 2020-260 Page 4 As the proposed variance is: (i) deemed to be a minor variance from the provisions of the Town of Tillsonburg Zoning By- law No. 3295; (ii) desirable for the appropriate development or use of the land; (iii) in-keeping with the general intent and purpose of the Town of Tillsonburg Zoning By-law No. 3295; and (iv) in-keeping with the general intent and purpose of the Official Plan. Authored by: Eric Gilbert, MCIP, RPP Senior Planner Approved for submission by: Gordon K. Hough, RPP Director Page 19 of 90 September 17, 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 1: Location Map with Existing Zoning File No: A11/20 - Catarina Saude Lot 70, Plan 41M-143- 42 William Street Tillsonburg William Street Subject Property Page 20 of 90 September 17, 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: A11/20 - Catarina Saude Lot 70, Plan 41M-143- 42 William Street Tillsonburg William Street Subject Property Page 21 of 90 Plate 3: Applicant's Sketch File No: A11/20 - Catarina Saude Lot 70, Plan 41M-143- 42 William Street TillsonburgPage 22 of 90 A11-20t000260956 Page 23 of 90 559.55 sq m Single Detached dwelling- 141 sq m, circa 2015 Pergola to be constructed upon existing deck 2015 Page 24 of 90 Low Density Residential R1A Page 25 of 90 Page 26 of 90 Report No: CP 2020-262 COMMUNITY PLANNING Council Meeting: October 19, 2020 Page 1 of 6 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community Planning Application for Zone Change ZN 7-20-09– E & E McLaughlin Ltd. REPORT HIGHLIGHTS  The purpose of this application is to rezone the subject property to permit the construction of single detached dwellings with reduced front yard and rear yard depths.  The applicant proposes to reduce the front yard depth from 7.5 m (24.6 ft) to 6.0 m (19.69 ft), and to reduce the minimum required rear yard depth from 7.5 m (24.6 ft) to 3.0 m (9.8 ft).  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 AGENT: Riviera Homes 10 Michael’s Lane, Tillsonburg ON, N4G 4G9 LOCATION: The subject property is located at the northwest corner of the intersection of Sandy Court and Tillson Avenue, and is legally described as Lot 2, Plan 41M-205 & Parts 3 & 6 of 41R-7549, Town of Tillsonburg, and is municipally known as 2 & 4 Sandy Court. COUNTY OF OXFORD OFFICIAL PLAN: Schedule “T-1” Town of Tillsonburg Land Use Plan Residential Page 27 of 90 Report No: CP 2020-262 COMMUNITY PLANNING Council Meeting: October 19, 2020 Page 2 of 6 TILLSONBURG ZONING BY-LAW NO. 3295: Existing Zoning: Lands to be Severed: Low Density Residential Type 2 Zone (R2) Proposed Zoning: Lands to be Severed: 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: The application for zone change proposes to rezone the severed and retained lots resulting from a recently approved consent application (File B20-33-7) to provide for a reduced front yard depth and rear yard depth for proposed single detached dwellings. The related consent application was approved at the October 1, 2020 Land Division Committee. The above-noted severed lot consists of an area of approximately 474.7 m2 (5,110 ft2), and the retained lot comprises an area of 450 m2 (4,844 ft2). Surrounding land uses include a mix of existing single detached dwellings and semi-detached dwellings fronting on Sandy Court, Tillson Avenue, Nelson Street and Frances 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. Schedule “T-2” Town of Tillsonburg Residential Density Plan Low Density Residential Page 28 of 90 Report No: CP 2020-262 COMMUNITY PLANNING Council Meeting: October 19, 2020 Page 3 of 6 Application Review PROVINCIAL POLICY STATEMENT: Section 1.1.3.1 of the Provincial Policy Statement (PPS) directs that settlement areas will be the focus of growth, and their vitality and regeneration shall be promoted. Section 1.1.3.3 of the PPS directs that planning authorities shall identify appropriate locations and promote opportunities for intensification and redevelopment, where this can be accommodated, taking into account existing building stock or areas, including brownfield sites, and the availability of suitable existing or planned infrastructure and public service facilities required to accommodate projected needs. Further, Section 1.4.3 of the PPS directs that planning authorities shall provide for an appropriate mix of housing types and densities to meet projected requirements of current and future residents of the regional market area by:  Establishing and implementing minimum targets for the provision of housing which is affordable to low and moderate income households;  Permitting and facilitating all forms of residential intensification and redevelopment and all forms of housing required to meet the social, health and well-being requirements of current and future residents, including special needs requirements;  Directing the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are or will be available to support current and projected needs;  Promoting densities for new housing which efficiently uses land, resources, infrastructure and public service facilities, and support the use of active transportation and transit areas where it exists or is to be developed; and  Establishing development standards for residential intensification, redevelopment and new residential development which minimize the cost of housing and facilitate compact form while maintaining appropriate levels of public health and safety. OFFICIAL PLAN: The subject lands are designated as Low Density Residential according to the Town of Tillsonburg Residential Density Plan, as contained in the Official Plan. Low density residential districts are those lands that are primarily developed or planned for a 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. 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. Page 29 of 90 Report No: CP 2020-262 COMMUNITY PLANNING Council Meeting: October 19, 2020 Page 4 of 6 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 safet y and surrounding properties is acceptable;  existing municipal services and public facilities will be adequate to accommodate the proposed infill project;  stormwater run-off from the proposal will be adequately controlled and will not negatively affect adjacent properties;  adequate off-street parking and outdoor amenity areas will be provided;  the extent to which the proposed development provides for the retention of any desirable vegetation or natural features that contribute to the visual character of the surrounding area;  the effect of the proposed development on environmental resources and the effects of environmental constraints on the proposed development will be addressed and mitigated;  consideration of the potential effect of the development on natural and heritage resources and their settings;  compliance of the proposed development with the provisions of the Zoning By-Law of the Town and other municipal by-laws. TOWN OF TILLSONBURG ZONING BY-LAW: 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 7.5 m (24.6 ft), and rear yard depth of 7.5 m (24.6 ft). The applicant proposes to reduce the minimum required front yard depth from 7.5 m (24.6 ft) to 6.0 m (19.69 ft) and reduce the minimum required rear yard depth from 7.5 m (24.6 ft) to 3.0 m (9.8 ft). The purpose of the minimum required front yard depth is to ensure that dwellings are situated an appropriate distance from the street, and to ensure that the lot can accommodate required parking in the front yard without encroaching onto the municipal right of way. The purpose of the minimum rear yard depth is to ensure that there remains sufficient amenity area for the occupants of the dwelling, and to provide privacy between residential properties for backyard amenity areas. Page 30 of 90 Report No: CP 2020-262 COMMUNITY PLANNING Council Meeting: October 19, 2020 Page 5 of 6 AGENCY COMMENTS: The application was circulated to various agencies considered to have an interest in the proposal. All agency comments received were included as conditions of approval for the related consent. No agencies expressed any concerns with the proposed zoning amendment. PUBLIC CONSULTATION: Notice of the application zone change was provided to the public and surrounding property owners on July 21, 2020 & October 2, 2020 in accordance with the requirements of the Planning Act. To date, no public comments have been received. Planning Analysis The application for zone change proposes to rezone the subject lands to provide for reduced front yard depths and rear yard depths for proposed single detached dwellings. Planning staff are of the opinion that the proposal is generally consistent with the Provincial Policy Statement and the Official Plan regarding residential intensification within a designated settlement area. Specifically, staff are of the opinion that the proposal will facilitate an increased mix of housing types that will assist in meeting housing requirements of the regional market on lands designated for such use. Further, staff are satisfied that the proposal will also assist in utilizing existing and planned servicing infrastructure and public service facilities, while maintaining intended density targets and efficiently utilizing existing underutilized lands. Planning staff are of the opinion that the proposal is appropriate, as the proposed front yard and rear yard reductions will not impact the ability of the residential lots to accommodate a single detached dwelling, or provide adequate amenity areas. The reduced front yard depths will still accommodate the required parking space in the driveway, the reduced rear yard can still accommodate a covered porch/deck to provide amenity space for the occupants of the dwelling. The requested relief is in-keeping with the general intent of the Town’s Zoning By-Law as the reduced front yard depth and rear yard depth will continue to function as intended. In light of the foregoing, Planning staff are satisfied that the proposed zoning by-law amendment is consistent with the policies of the PPS and is in keeping with the County Official Plan. As such, Planning staff are satisfied that the application can be given favourable consideration. Page 31 of 90 Report No: CP 2020-262 COMMUNITY PLANNING Council Meeting: October 19, 2020 Page 6 of 6 RECOMMENDATION That the Council of the Town of Tillsonburg approve the zone change application, File No. ZN 7-20-09, as submitted by E & E McLaughlin Limited, for lands described as Lot 2, Plan 41M-205 & Parts 3 & 6 of 41R-7549, in the Town of Tillsonburg, to rezone the subject lands to provide for a reduced front yard depth and reduced rear yard depth for proposed single detached dwellings. SIGNATURES Authored by: "Original Signed By" Eric Gilbert, MCIP, RPP, Senior Planner Approved for submission: "Original Signed By" Gordon K. Hough, RPP, Director Page 32 of 90 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 33 of 90 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 34 of 90 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 35 of 90 ZN 7-20-09 June 30/20 000280227July 20/20 c/o Frank Russo Page 36 of 90 Page 37 of 90 Page 38 of 90 Page 39 of 90 Page 1 of 8 Report No: CP 2020-261 COMMUNITY PLANNING Council Date: October 19, 2020 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community Planning Application for Zone Change ZN 7-20-11 – Boeder (Amarjit Singh) REPORT HIGHLIGHTS  The application for Zone Change proposes to rezone the subject property from ‘Minor Institutional Zone (IN1)’ to ‘Medium Density Zone (RM)’ to facilitate the residential conversion of the former place of worship to a multiple unit dwelling, consisting of 7 apartment dwelling units.  Comments received through the agency circulation of the proposal will be addressed through the site plan approval process.  Planning staff are recommending that the application be supported, as it is consistent with the policies of the Provincial Policy Statement and complies with the relevant policies of the Official Plan respecting intensification and development within Low Density Residential Areas. DISCUSSION Background OWNERS: Jacobus A. Boeder & Dale M. Boeder 225314 Otterville Road, Otterville ON N0J 1R0 APPLICANT: Amarjit Singh 208 Tallgrass Crescent, Kitchener ON N2P 0G7 LOCATION: The subject property is described as Part Lot 77, Plan 500, Lots 17 & 18, Plan 551, Part 1 of 41R- 1273, in the Town of Tillsonburg. The lands are located on the north side of Glendale Drive, between Victoria Street and Craig Street, and are municipally known as 14 Glendale Drive. Page 40 of 90 Report No: CP 2020-261 COMMUNITY PLANNING Council Date: October 19, 2020 Page 2 of 8 COUNTY OF OXFORD OFFICIAL PLAN: Existing: Schedule “T-1” Town of Tillsonburg Land Use Plan Residential Schedule “T-2” Town of Tillsonburg Residential Density Plan Low Density Residential TOWN OF TILLSONBURG ZONING BY-LAW NO.3295: Existing Zoning: Minor Institutional Zone (IN1) Proposed Zoning: Medium Density Residential Zone (RM) Recommended Zoning: Special Low Density Residential Type 3 Zone (R3-sp) PROPOSAL: The application for Zone Change proposes to rezone the lands to ‘Medium Density Residential Zone (RM)’ to facilitate the residential conversion of a former place of worship to a multiple unit dwelling, consisting of 7 apartment dwelling units. The applicant has also requested relief of the minimum dwelling unit size and Section 5.4 – Dwelling Units Below Grade, to permit dwelling units wiithin the basement of the former church building subject to complying with all relevant provisions of the Ontario Building Code. The subject lands have an approximate area of 2,785 m2 (0.69 ac) and contain an existing building, formerly used as a place of worship. The eastern portion of the subject property has historically been used for parking purposes. Surrounding land uses include low density residential uses consisting of single detached dwellings, with a multiple unit dwelling present to the south east. Plate 1, Existing Zoning and Location Map, shows the location of the subject property and the existing zoning in the immediate vicinity. Plate 2, 2015 Aerial Map, provides an aerial view of the subject property. Plate 3, Applicant’s Site Plan, depicts the proposed location and site design of the development. Plate 4, Lower Floor Plan, depicts the proposed floor plan for the lower level. Plate 5, Main Floor Plan, depicts the proposed floor plan for the main level. Plate 6, 2nd Floor Plan, depicts the proposed floor plan for the main level. Plate 7, Building Elevations, depicts the proposed appearance for the converted institutional building. Page 41 of 90 Report No: CP 2020-261 COMMUNITY PLANNING Council Date: October 19, 2020 Page 3 of 8 Application Review PROVINCIAL POLICY STATEMENT: The 2020 Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Under Section 3 of the Planning Act, where a municipality is exercising its authority affecting a planning matter, such decisions “shall be consistent with” all policy statements issued under the Act. Section 1.1.1 provides that healthy liveable and safe communities are sustained by accommodating an appropriate range and mix of residential housing (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 servicing costs. 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 1.1.3.4 directs that appropriate development standards shall be promoted which facilitate intensification, redevelopment and compact form, while avoiding or mitigating risks to public health and safety. Further, Section 1.4 Housing, specifically ss. 1.4.3, states that planning authorities shall provide for an appropriate range and mix of housing types and densities to meet projected requirements of current and future residents of the regional market area by:  Establishing and implementing minimum targets for the provision of housing which is affordable to low and moderate income households;  Permitting and facilitating all forms of housing required to meet the social, health and well-being requirements of current and future residents;  Directing the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are or will be available to support current and projected needs;  Promoting densities for new housing which efficiently use land, resources, infrastructure and public service facilities, and support the use of active transportation and transit in areas where it exists or is to be developed; and  Establishing development standards for residential intensification, redevelopment and new residential development which minimize the cost of housing and facilitate compact form, while maintaining appropriate levels of public health and safety. OFFICIAL PLAN: The subject property is designated Low Density Residential as per Schedule T-2, Residential Density Plan for the Town of Tillsonburg, as contained in the Official Plan. Page 42 of 90 Report No: CP 2020-261 COMMUNITY PLANNING Council Date: October 19, 2020 Page 4 of 8 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. The density proposed for this development is 26 units per hectare (10.1 units per acre), which is within the parameters as set out in the Low Density Residential designation. 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. Section 8.2.4.2 - Redevelopment or Conversion of Non-Residential Buildings of the Official Plan provides that conversions of non-residential buildings to residential use will be subject to the following policies:  Redevelopment including any new buildings or additions will be in keeping with the height, density, and use policies of the Low Density Residential area.  The range of residential uses permitted in a particular location by the policies pertaining to Low Density Residential area may be expanded, without amendment to the Official Plan, by Town Council, where a non-residential use is being converted to residential use through an amendment to the Zoning By-Law.  Any enlargements or extensions to existing buildings will respect the height, bulk, scale and setbacks of adjacent residential uses and shall not adversely impact adjacent residential uses in terms of light, views, privacy or traffic.  Landscaping, privacy screening or other appropriate measures will be incorporated into the development to provide an adequate buffer to minimize impacts and to maintain the low density character of the surrounding residential areas.  Vehicular traffic generated from the redevelopment will create minimal impact on local streets.  Existing municipal services and community facilities will be adequate to accommodate the development and its residents.  Adequate off-street parking and outdoor amenity areas will be provided.  Conversions which result in the preservation and/or upgrading of buildings considered by Town Council to be of architectural or historical significance may be permitted to exceed the density limitations of Low Density Residential areas subject to the policies of Section 10.3.10.  The effect of the proposed development on environmental resources and the effects of any environmental constraints on the proposed development will be addressed and mitigated in accordance with Section 3.2. Section 8.2.1 of the Official Plan (Housing Development and Residential Areas - Strategic Approach) identifies a number of strategies "to provide present and future residents of Tillsonburg with a choice of adequate and affordable housing which meets their needs". Page 43 of 90 Report No: CP 2020-261 COMMUNITY PLANNING Council Date: October 19, 2020 Page 5 of 8 The strategies developed to achieve this goal include:  Accommodating the present and future demand for housing in Tillsonburg through the efficient use of vacant residentially-designated lands, underutilized parcels in built-up areas and existing housing stock in all neighbourhoods, with the objective of also reducing energy consumption, decreasing the financial burden of underutilized municipal services, and relieving pressure for development of natural areas and open spaces;  Facilitating a choice of housing type, tenure, cost and location that meets the changing needs of all types of households by providing for a variety and mix of housing throughout the Town;  Increasing the supply of affordable housing by integrating adequate housing for low and moderate income households and those with special needs throughout the Town and establish and monitor minimum affordable housing targets to ensure that the percentage of affordable housing is maintained or enhanced;  Promoting and facilitating the provision of affordable housing through the co-operative efforts of all levels of government, the private sector and volunteer interest groups through such means as technical assistance, land conveyances, joint ventures, regulatory measures, and incentives. The policies contained within Section 8.2.2.2 – Tenure Mix, provides that Town Council shall encourage the creation of housing opportunities that may result in a mix of tenure forms, such as ownership, rental, and cooperative, throughout the Town. Such encouragement will include the provision of opportunities for the development of a variety of housing forms in newly developing areas and by permitting sensitive infilling and accessory apartments in built-up areas. Policies contained within Section 8.2.2.5 – Residential Intensification and Redevelopment, promote residential intensification in appropriate locations to make more efficient use of existing land, infrastructure, and public services. Residential intensification is permitted in appropriate locations within the Residential and Central Areas of the Town, subject to complying with the policies of the associated land use designations pertaining to the density, form and scale of residential development being proposed. TOWN OF TILLSONBURG ZONING BY-LAW: The subject property is currently zoned ‘Minor Institutional Zone (IN1)’, according to the Town of Tillsonburg Zoning By-law. The IN1 zone permits an accessory dwelling unit, community centre, daycare centre, fire, police or ambulance station, home occupation, nursery school, nursing home, parking lot, place of worship, library, public or private school, and a single detached dwelling accessory to a permitted use. The applicant is proposing to rezone the subject property to ‘’Medium Density Residential Zone (RM)’ to permit the residential conversion of the former place of worship. Given that the proposed density is within the maximum density permitted by the Low Density Residential designation and given that the applicant has not sought an amendment to the Official Plan to re-designate the site to Medium Density Residential, planning staff recommend that the proposed zoning be ‘Special Low Density Residential Type 3 Zone (R3-sp)’. The proposal requires the relief detailed below from the R3 Zone: Provision R3 Zone Requirement Proposed Maximum Number of Dwelling Units in a Multiple Unit Dwelling 4 7 Page 44 of 90 Report No: CP 2020-261 COMMUNITY PLANNING Council Date: October 19, 2020 Page 6 of 8 Minimum Gross Floor Area 83 m2 (893.4 ft2) per dwelling unit 28 m2 (304 ft2) for 2 of the 7 dwelling units Dwelling Unit Below Grade No dwelling unit is permitted in any basement if the floor level of the basement is more than 1.2 m (3.9 ft) below the adjacent finished grade. The applicant is proposing 3 dwelling units in the basement of the existing building, a portion of which is more than 1.2 m (3.9 ft) below the adjacent finished grade. The purpose of the maximum number of dwelling units per building is to ensure that the density of the development is appropriate, and there is sufficient space for parking, amenity areas, access, and a suitable building envelope to ensure the development will function appropriately. The proposed site plan submitted by the applicant appears to comply with the other provisions of the zoning by-law, including required landscaped open space, maximum permitted lot coverage, required amenity area, minimum required parking and other provisions of the R3 zone. Section 5.24.2.1 of the Zoning By-Law requires 1.5 parking spaces per dwelling unit, or 11 parking spaces for the 7 proposed dwelling units. The 1.5 spaces per dwelling unit includes visitor parking requirements. Parking areas are required to be at least 1.5 m (5 ft) from interior lot lines. The applicant’s proposal satisfies the parking requirements. AGENCY COMMENTS: The proposal was circulated to various public agencies considered to have an interest in the application. Town of Tillsonburg Building Services provided the following comments:  Some of the proposed dwelling unit sizes do not meet the minimum required dwelling unit size.  Lower floor units may not comply with Zoning By-Law - Section 5.4 - Dwelling units Below Grade.  All proposed units will need to comply with Ontario Building Code minimum requirements for design of areas, spaces, doorways, minimum window areas, etc.  The proposed development would be subject to site plan control.  Subject to payment of development charges. Oxford County Public Works Department indicated that they had no comments on the zoning by- law amendment. Further comment regarding servicing and waste collection will be provided at time of site plan approval. Town of Tillsonburg Engineering Services Department indicated that matters such as lot grading, servicing, drainage, and stormwater management will be addressed at the site plan stage. Town Development Commissioner indicated that the addition of 7 apartment units to the Town’s inventory will provide for additional housing options in the Town and will help alleviate the current shortage of housing that is being experienced from the national level down to the local level. The Tillsonburg District Chamber of Commerce indicated that they support the application. Page 45 of 90 Report No: CP 2020-261 COMMUNITY PLANNING Council Date: October 19, 2020 Page 7 of 8 PUBLIC CONSULTATION: Notice of complete application and notice of public meeting regarding this application were circulated to surrounding property owners within 120 m (400’) on two occasions, August 24, 2020 & October 2, 2020, in accordance with the requirements of the Planning Act. Planning staff responded to queries about the proposal from a number of residents who reside in the immediate vicinity. A number of residents expressed concerns with the proposed building type, traffic, servicing and access. The letters received are included as an attachment to this report for Council’s consideration. Planning Analysis The application for Zone Change proposes to rezone the lands to ‘Special Medium Density Residential Zone (RM-sp)’ to facilitate the residential conversion of a former place of worship to a multiple unit dwelling, consisting of 7 dwelling units. As noted, planning staff suggest that a more appropriate zoning would be ‘Special Low Density Residential Type 3 Zone (R3-sp)’ as the density proposed is within the range permitted by the Low Density Residential designation, and no application for Official Plan amendment has been submitted. The proposed development of the subject lands will provide more housing choice for the residents of Tillsonburg and is considered to be an efficient use of the lands, municipal services and infrastructure. It is the opinion of this Office that the subject application is consistent with the housing, intensification, and redevelopment policies of the PPS. Additionally, staff are of the opinion that this proposal will assist in providing a mix of housing types and tenures for current and future residents of the Town. The proposal complies with the policies contained within Section 8.2.2.2 of the Official Plan that encourage the creation of housing opportunities that may result in a mix of tenure forms, such as ownership, rental, and cooperative, throughout the Town. The proposal is also consistent with the policy direction within Section 8.2.2.5 that promotes residential intensification in appropriate locations to make more efficient use of existing land, infrastructure, and public services. The subject lands comprise approximately 2,785 m2 (0.69 ac) and the applicant’s proposal is to develop 7 residential units on the site by converting the existing building on the subject lands. As such, the proposal constitutes a net residential density of approximately 26 units per hectare (10.1 units per acre), which is within the maximum permitted density of the Low Density Residential designation of 30 units/ha (12 units/ac). The proposed conversion of the existing building formerly used as a place of worship complies with the Low Density Residential policies as outlined in Section 8.2.4 of the Official Plan as the existing building does not exceed 3 stories, is located on a collector road, and will make use of the existing entrances of the former place of worship. The overall impact of the 7 residential dwelling units on surrounding transportation network is not anticipated to exceed that experienced as a result of the former institutional use of the lands. The proposed development complies with the criteria for the conversion of non-residential buildings within Low Density Residential Areas as the proposed development will involve minimal changes to the exterior of the existing building, and ample space is available parking given its former institutional use. The change of use will be accommodated through a renovation of the existing building, and planning staff note that there is at least one other multiple unit dwelling on Glendale Avenue in relatively close proximity. Page 46 of 90 Report No: CP 2020-261 COMMUNITY PLANNING Council Date: October 19, 2020 Page 8 of 8 No further development of the site is expected that would impact lot grading, drainage, parking areas or stormwater management. The eastern limit of the site that is regulated by the Long Point Region Conservation Authority (LPRCA) and is not expected to be impacted. The current appearance of the site is not expected to significantly change as a result of the residential conversion of the former institutional building. The development will also be subject to site plan approval, where matters such as servicing, parking, access, lot grading and drainage are required to be addressed to the satisfaction of the Town and County. The provisions of the R3 zone permit one multiple unit dwelling consisting of 4 dwelling u nits, Planning staff are of the opinion that relief of this provision to permit 7 units is appropriate in this instance due to the size of the subject lands. The proposed development will remain within the permitted density parameters as set out in the Low Density Residential Designation. With respect to the minimum gross floor area per dwelling unit and dwelling unit below grade, planning staff are of the opinion that although the provisions are intended to ensure that dwelling units are sufficiently large to accommodate a resident and have safe access and egress, it is more appropriate to rely on the provisions of the Ontario Building Code that regulate minimum dwelling size, access and egress, and provide a more substantive direction on the appropriate minimum dwelling unit size. A forthcoming general amendment to the Town Zoning By-Law proposes to remove these provisions from all zones permitted a dwelling unit. In light of the foregoing, this Office is satisfied that the applicant’s proposal to rezone the subject lands to facilitate the residential conversion of a former institutional building to a multiple unit dwelling with 7 residential units is consistent with the PPS and maintains the general intent and purpose of the Official Plan. RECOMMENDATION It is recommended that the Council of the Town of Tillsonburg approve the zone change application submitted by Amarjit Singh, whereby the lands described Part Lot 77, Plan 500, Lots 17 & 18, Plan 551, Part 1 of 41R-1273, in the Town of Tillsonburg known municipally as 14 Glendale Drive are to be rezoned from Minor Institutional Zone (IN1)’ to ‘Special Low Density Residential Type 3 Zone (R3-sp)’ to facilitate the development of a multiple unit dwelling consisting of 7 dwelling units. SIGNATURES Authored by: Eric Gilbert, MCIP RPP Senior Planner Approved for submission: Gordon K. Hough, RPP Director Page 47 of 90 August 20, 2020 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 1020 Notes NAD_1983_UTM_Zone_17N 51 Meters Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) Plate 1- Existing Zoning and Location Map File No. ZN 7-20-11 (Boeder) Lot 17 & 18, Plan 551, Part Lot 77, Plan 500, Part 1 of 41R-1273- 14 Glendale Drive, Town of Tillsonburg Subject Property Glendale Drive Allen Street Thorncliff Circle Craig Street Parkside Drive Victoria Street Page 48 of 90 August 20, 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 7-20-11 (Boeder) Lot 17 & 18, Plan 551, Part Lot 77, Plan 500, Part 1 of 41R-1273- 14 Glendale Drive, Town of Tillsonburg Glendale Drive Subject Property Parkside Drive Allen Street Page 49 of 90 SARAH LANG ARCHITECT OAA MRAIC 12 CAR PARKING 12 CAR PARKINGLANDSCAPE ASPHALT DRIVE WAY DRIVE WAY LANDSCAPE EXISTING BUILDING LANDSCAPE SITE STATISTIC PROPERTY LINE PROPERTY LINEPROPERTY LINE181'-4"132'-7"205'-10"195'-4 " EXISTING PORCH Plate 3- Applicant's Site Plan File No. ZN 7-20-11 (Boeder) Lot 17 & 18, Plan 551, Part Lot 77, Plan 500, Part 1 of 41R-1273- 14 Glendale Drive, Town of Tillsonburg Page 50 of 90 SARAH LANG ARCHITECT OAA MRAIC LIVING -DINETTE-KITCHEN BEDROOM MECH / ELEC RM BEDROOM BEDROOM LIVING -DINETTE-KITCHEN LIVING -DINETTE-KITCHEN UNIT #5 UNIT #6 UNIT #7 AMENITY AREA LOWER ENTRANCE COURT LOWER FLOOR UNIVERSAL TOILET Plate 4- Lower Floor Plan File No. ZN 7-20-11 (Boeder) Lot 17 & 18, Plan 551, Part Lot 77, Plan 500, Part 1 of 41R-1273- 14 Glendale Drive, Town of Tillsonburg Page 51 of 90 ENTRANCE BALCONY UNIT #3 BEDROOM MAIN FLOOR LIVING - DINING- KITCHEN LIVING ROOM UPPER VIEW MAIN FLOOR SARAH LANG ARCHITECT OAA MRAIC LIVING - DINING- KITCHENLIVING - DINING- KITCHEN UNIT #2UNIT #1 UNIT #4 MAIN ENTRANCE EXISTING Plate 5- Main Floor Plan File No. ZN 7-20-11 (Boeder) Lot 17 & 18, Plan 551, Part Lot 77, Plan 500, Part 1 of 41R-1273- 14 Glendale Drive, Town of Tillsonburg Page 52 of 90 ENTRANCE BALCONY LIVING ROOM 2ND FLOOR UPPER VIEW BEDROOMBEDROOM LIVING ROOM UPPER VIEW BEDROOM MAIN FLOOR SARAH LANG ARCHITECT OAA MRAIC LIVING ROOM UPPER VIEW BEDROOM LIBRARY OR LIVING ROOM UPPER VIEW Plate 6- 2nd Floor Plan File No. ZN 7-20-11 (Boeder) Lot 17 & 18, Plan 551, Part Lot 77, Plan 500, Part 1 of 41R-1273- 14 Glendale Drive, Town of Tillsonburg Page 53 of 90 FRONT ELEVATIONRIGHT SIDE ELEVATIONLEFT SIDE ELEVATIONREAR ELEVATIONPlate 7 - Building Elevations File No. ZN 7-20-11 (Boeder) Lot 17 & 18, Plan 551, Part Lot 77, Plan 500, Part 1 of 41R-1273- 14 Glendale Drive, Town of TillsonburgPage 54 of 90 ZN7-20-11 July 31/20 000260237 Page 55 of 90 Page 56 of 90 Page 57 of 90 Page 58 of 90 8 Hawthorne Crescent Tillsonburg Ontario N4G 1K7 August 31, 2020 Attn: Eric Gilbert Senior Planner County of Oxford Woodstock Ontario. Dear Sir, Regarding application file # ZN 7-20-11 Applicant: Amarjit Singh Glendale Drive Tillsonburg Ontario. We strongly object to the rezoning of this property. The Glendale subdivision is comprised exclusively of single family dwellings. Re zoning any properties in this residential area is inappropriate and not in keeping with the streetscape and the traffic flows currently in place. We purchased our home in this area 6 years ago with the clear understanding that this is a well established residential area of single family homes only. Changing any zoning for this area sets an alarming and unwelcome precedent for our neighbourhood. It is our sincere hope that the property owners and the applicant will reconsider and withdraw this application. Sincerely David and Norma Collis Page 59 of 90 Page 60 of 90 Page 61 of 90 ZN 7-20-11 - Jacobus & Dale Boeder Application for Zone Change Lts 17 & 18, Plan 551; Pt Lt 77, Plan 500, PT 1, 41R1273 From:Paul Clark To:Planning Subject:Re: Attention: Eric Gilbert Senior Planner Date:October 1, 2020 2:54:54 AM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Further to my opposition to the rezoning of the church beside my property, I believe that I should have grounds under the adverse possession claims, governed by sections 4, 13, and 15 of the Real Property Limitations Act, R.S.O. 1990, c. L.15 regarding use of the fire lane pre-existing for 10 years I have owned my property for access and continued enjoyment of my shop located at the rear of my property and that if this application is allowed to go forward for whatever reason it should be with the condition included that the fire lane existing remain as is. Requesting same, worse case scenario. Kind Regard. Paul Clark Painters Choice - Home Improvements A full service decorating company. Call for a free estimate (519)688-5127. painterschoice.pc@gmail.com http://www.painterschoice.ca/ https://www.facebook.com/Painters.Choice 06061PaulWClarkgmail.com912206yknilb On Thu, Oct 1, 2020 at 2:44 AM Paul Clark <painterschoice.pc@gmail.com> wrote: Re: Why is this listing not showing the actual address as all the other applications? And why is this applicant relentless in trying to rezone this property for multiple resident use even though he has been denied 2-3 previous applications for the same purpose all they have done is increase the use and reapply. Also why is this application so important that it cannot wait for a propper public meeting rather than a closed meeting that I would have to pre registrar for in order to be heard and it is only online so anyone who doesn't have a computer can not be heard. Is that even a legal public meeting format? Also there is a pre-existing lane beside my property at 18 Glendale (next door to the property in question) a fire lane for the church property that allows for access through a gate at the back of my property that was pre-existing at time of purchase 10 years ago. There is a shop at the rear of my property that has pre-existed for 20 yrs. that I would no longer be able to access if this lane were blocked for any reason. When we bought our home we were not looking to reside next to a rooming house or a multi residence unit which is why we bought a home with a single dwelling on one side and a church on the other. We are not opposed to a single family dwelling being allowed on this property, however a multi dwelling is a complete other thing. The multi dwelling building down the street is owned and maintained by Community Living Tillsonburg and has been for 20 yrs. It is controlled access and they do not allow their residents to cause disturbances of any kind. The applicant in the case of this church building is not a resident of this county nevermind not being in Tillsonburg and it concerns me as this is just the kind of thing that gets approved changed and then forgotten by the owner who has no contact with the residents or anything to do with the maintenance and control of the building or the residents. It may as well be a corporate apartment building being built in a med residential zoned area that only has one multi dwelling unit and a duplex across the street. I am also pretty sure that this area is not suited for another multi dwelling as the size of the sewer run off pipes nore the water supply are both a maximum capacity for existing configurations. It is bad enough that the company contracted to redo the road replaced the existing 3/4 inch supplying the homes on Glendale off the main supply with 1/2 " pipes reducing the water pressure considerably across the entire area where the roads were replaced and pipes upgraded to plastic but not increased in size but decreased. I may not be able to get to this "Public Meeting" but I want you to know that we are adamantly opposed to this application and see no reason why this property can not be used for its intended purpose or one of reasonable consideration. Ie. private school, church, event hall, offices, or a single family dwelling. Our neighbors across the road on Parkdale directly across from the church and in front of the apartment building owned by Community Living Tillsonburg are also opposed to this application and they have also expressed a concern with this type of "Public Meeting" format. And the building could not house 7 single family dwellings which would make this a rooming house at best which is not what the applicant is requesting in the zoning changes and if it is it is an unacceptable location for such a thing. There are plenty of other properties between here and Burlington where the applicant is from where they can find a more suitable location for their project. Kind regards, Page 62 of 90 Paul Clark 18 Glendale Drive Tillsonburg, On. (519)688-5127. Page 63 of 90 From:Dianne Clark To:Planning Subject:concern about 14 Glendale Dr Tillsonburg Date:August 26, 2020 11:06:46 PM Dear Eric We understand from our neighbours at 3 Parkside Dr that they received a notice concerning the application for 14 Glendale Dr. We did NOT receive any notification and we live at 18 Glendale Dr. We are concerned about this beautiful church being turned into a 7 dwelling unit for many reasons. 1. The access drive - this is a shared drive that allows us access to our back yard and gate. It is listed on our deed. 2. Sewage and plumbing. We understood that when the sewers and water was updated that the church's still was a single unit and did not have access to a multiple use. We wanted assurance from the town on this as well as those who were doing the work because someone had tried to do this before. 3. The value of our home decreases due to having several units put into the church. 4. Our quality of life and quietness goes down with many people living next door. 5. When school is in session, the school buses use the parking lot for a waiting/rotation of buses as there is not enough room at Glendale high school parking lot for all of them to wait. This will be impossible if it becomes a multi dwelling. 6. Traffic congestion, especially with the school. 7. Older neighbourhood - not really good for a multi-dwelling. 8. The OPP also use the parking lot to monitor traffic and the high school students. We strongly appose this application. Have all of the neighbours been notified? I look forward to your response. Dianne Clark BMus, BA in Psychology (519)842-7473 http://alwaysmusical.tripod.com/ Page 64 of 90 Page 65 of 90 Page 66 of 90 Page 67 of 90 Page 1 of 8 Report No: CP 2020-276 COMMUNITY PLANNING Council Meeting: October 19, 2020 To: Mayor and Members of Tillsonburg Town Council From: Eric Gilbert, Senior Planner, Community Planning Application for Consent B20-46-7– Abraham & Deborah Klassen REPORT HIGHLIGHTS  The application for consent proposes to create a new residential infill lot and retain a vacant lot for future residential development in the western area of the Town of Tillsonburg.  The subject lands front on a public street that has not been constructed and has no municipal services.  Planning staff are recommending that the application not be approved as the proposal is not consistent with the Official Plan policies respecting infill development as the lot to be severed will not front on an improved street or be served by municipal services. DISCUSSION Background OWNERS: Abraham & Deborah Klassen 156 Glendale Drive, Tillsonburg ON, N4G 0G3 LOCATION: The subject lands are described as Lot 37, Plan 41M-144 in the Town of Tillsonburg. The subject lands are a corner lot located on the north east corner of the intersection of Walnut Drive and Concession Street West, and are municipally known as 1 Walnut Drive. 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 68 of 90 Report No: CP 2020-276 COMMUNITY PLANNING Council Meeting: October 19, 2020 Page 2 of 8 TILLSONBURG ZONING BY-LAW NO. 3295: Existing Zoning: Low Density Residential Type 1A Holding Zone (R1A-H) EXISTING USE OF SUBJECT PROPERTY: Lot to be Severed – vacant residential Lot to be Retained – vacant residential SERVICES: Lot to be Severed: none (to be provided when Walnut Drive is constructed) Lot to be Retained: none (to be provided when Walnut Drive is constructed) ACCESS: Lots to be Severed & Retained: none (to be provided when Walnut Drive is constructed) PROPOSAL: Area Frontage Depth Severed Lot 473 m2 (5,096 ft2) 15.84 m (52 ft) 30 m (98 ft) Retained Lot 703 m2 (7,575 ft2) 22.86 m (75 ft) 30.7 m (101 ft) The purpose of the Application for Consent is to create a residential infill lot that will front on the east side of Walnut Drive, north of Concession Street West. It is proposed that the lot to be severed will be approximately 473 m2 (5,096 ft2) in size, with approximately 15.84 m (52 ft) of frontage on Walnut Drive, while the lot to be retained will be approximately 703 m2 (7,575 ft2) in size, with approximately 22.86 m (75 ft) of frontage on Walnut Drive. The lot to be severed and lot to be retained are currently vacant. Although Walnut Drive is considered a public street owned by the Town, the street has never been constructed and no municipal services are currently available for the lot to be severed or lot to be retained. The street was transferred to the Town upon registration of Plan 41M-144 in 1994, however the original developer defaulted and no services are available, despite the lots being registered. It is not known when services will be available to service the lots to be severed and retained, or other lots on Walnut Drive, Sycamore Drive, or Hemlock Drive as the developer who owns the majority of the lots in this area is proceeding phase-by-phase; the work will not completed by the Town or County. Page 69 of 90 Report No: CP 2020-276 COMMUNITY PLANNING Council Meeting: October 19, 2020 Page 3 of 8 The current developer has completed a number of phases, including phases in 2002, 2008 & 2012 which involved the construction of William Street and the northern portion of Beech Boulevard, including all municipal services. The current developer has also recently constructed the extension of Beech Boulevard to Concession Street West. In 2018, Town Council adopted By-Law 4220, being a Local Services By-Law that introduced a Special Local Municipal Levy to front-end the servicing costs for 19 lots within the subdivision that were not owned by the developer. The By-law allows the Town to pay the developer who installs the services upfront, and recover the costs from the individual owners on a pro-rated basis when the streets are constructed and municipal services provided to the individual lots. When the developer proceeds to construct Walnut Drive, the owners will responsible for their share of the costs to construct the road and provide municipal services. Surrounding land uses to the north, west and east consist of predominantly single detached dwellings and semi-detached dwellings. Service commercial uses and the Trans Canada Trail are present to the south. 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 surrounding area. Plate 3, Applicants’ Sketch, provides the dimensions of the lands to be severed and retained. Application Review PROVINCIAL POLICY STATEMENT: Section 1.1.3.1 of the 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; Page 70 of 90 Report No: CP 2020-276 COMMUNITY PLANNING Council Meeting: October 19, 2020 Page 4 of 8  Directing the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are or will be available to support current and projected needs;  Promoting densities for new housing which efficiently uses land, resources, infrastructure and public service facilities, and support the use of active transportation and transit areas where it exists or is to be developed; and  Establishing development standards for residential intensification, redevelopment and new residential development which minimize the cost of housing and facilitate compact form while maintaining appropriate levels of public health and safety. OFFICIAL PLAN: The subject lands are located within the ‘Low Density Residential’ designation according to the Town of Tillsonburg Residential Density Plan, as contained in the County 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, street-fronting 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. The policies of Section 8.2.4.1 (Infill Housing) also apply to this proposal. Infill housing is defined as the placement of new residential development into established built-up areas on vacant or underutilized sites. In order to efficiently utilize the land supply designated residential and municipal servicing infrastructure, infill housing will be supported in Low Density Residential Districts. The introduction of new residential housing into an established streetscape pattern will only be permitted if the proposal is deemed to be consistent with the characteristics of existing development on both sides of the same street. In order that the street oriented infill projects are sensitive to the continuity of the existing residential streetscape, the County Land Division Committee and Town Council will ensure that:  the proposal is consistent with the street frontage, setbacks, lot area and spacing of existing development within a two block area on the same street; and,  for proposals involving more than two dwelling units, the exterior design in terms of height, bulk, scale and layout of the proposed building is consistent with present land uses in the area. In addition to the specific infill policies identified, the following policies will apply to all infill proposals:  the location of vehicular access points, the effect of traffic generated by the proposal on the public road system, pedestrian and vehicular safety and surrounding properties is assessed and found to be acceptable;  existing municipal services and community 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; Page 71 of 90 Report No: CP 2020-276 COMMUNITY PLANNING Council Meeting: October 19, 2020 Page 5 of 8  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 proposed development on environmental resources or the effects of environmental constraints on the proposed development will be addressed and mitigated in accordance with Section 3.2;  compliance of the proposed development with the provisions of the Zoning By-Law of the Town and other municipal by-laws; and,  consideration of the potential effect of the development on natural and heritage resources and their settings. Section 10.3.4 - Consents, provides Official Plan review criteria for the Oxford County Land Division to consider when reviewing consent applications. The Land Division Committee will evaluate applications for consent in accordance with the requirements of the Planning Act, but also on the basis of the following criteria:  the Land Division Committee shall be satisfied that a plan of subdivision is not necessary for the proper and orderly development of land and that the plan of subdivision process is upheld as the primary method of lot creation;  any lots to be created would conform to the policies of the Official Plan and the provisions of the Zoning By-Law;  the granting of the consent application will not prejudice the future lot creation potential of the area;  the proposed lot will have direct frontage on a permanent public road maintained year round at a reasonable standard of construction and will not require the opening or extension of a public road;  the proposed lot will have adequate water supplies and sewage services and the stormwater management consistent with the requirements of the Official Plan and Province;  access to the proposed lot would not create traffic problems or hazards, as identified by the authority with jurisdiction over the road. TOWN OF TILLSONBURG ZONING BY-LAW: The subject lands are zoned ‘Low Density Residential Type 1A Holding Zone (R1A-H)’ according to the Town’s Zoning By-law. The R1A zone permits a single-detached dwellings and home occupations. The provisions of the R1A Zone require a minimum lot area of 375 m2 (4,036 ft2) for interior lots and 480 m2 (5,166.8 ft2) for corner lots, minimum lot frontage of 12.5 m (41 ft) for interior lots and 16 m (52.5 ft) for corner lots, minimum lot depth of 30 m (98.4 ft), minimum front yard depth of 7.5 m (24.6 ft) for an existing lot and 6 m (19.7 ft) for a lot created after the passing of the Zoning By- Law, and a minimum rear yard depth of 10.5 m (34.4 ft). The Holding provision on the property was introduced earlier this year through application ZN 7- 20-03. The purpose of the Holding Provision is:  To publicly identify that municipal services are not available for the lots. Currently, Town and County staff field a significant number of calls for information from the public when one Page 72 of 90 Report No: CP 2020-276 COMMUNITY PLANNING Council Meeting: October 19, 2020 Page 6 of 8 of the registered lots is offered for sale. Potential purchasers typically assume that the lot is fully serviced, as it is standard practice that only serviced lots are registered. Staff have been advising potential purchasers that the lots are un-serviced, there is no immediate timetable for servicing, and are not able to obtain a building permit, notwithstanding that they are legally conveyable lots. A holding provision would be a public ‘flag’ that would disclose the lots are not eligible for a building permit.  To ensure that a building permit would not be issued until the applicant enters into a development agreement with the Town and County and proof is provided that the agreement has been registered on title;  To ensure that any required easements for drainage or servicing are provided to the Town and County in accordance with the approved design of the subdivision;  To ensure that the vacant lots are treated in a similar fashion to other vacant draft plans of subdivision that have holding provisions in place to ensure that appropriate development agreements are in place, and adequate servicing capacity is available to service the development.  To ensure that the outstanding financial obligations arising from the adopted Special Services By-Law have been met prior to Building Permit issuance. Section 5.19- Municipal Services provides that no land shall be used or built upon and no building or structure shall be erected, used or expanded for any purpose unless the land is serviced by municipal services (municipal water, sanitary sewers, drainage systems and improved streets) which meet the municipal standards in effect and have adequate capacity to service the use or development. AGENCY COMMENTS: The application was circulated to various agencies considered to have an interest in the proposal. The Town of Tillsonburg Engineering Department provided the following comments:  The lots to be severed and retained will be serviced by the developer of the Oak Park Estates subdivision. Each lot will be responsible for a share of the cost of constructing Walnut Drive, in accordance with Local Services By-Law 4220. The Town of Tillsonburg Building Department provided the following comments:  If approved, severance agreement is required.  If approved, a new civic address must be assigned to the lot to be severed.  Any clearance letters will be subject to the applicable fee of $55.00.  Cash in lieu of parkland is required in the amount of $1000.00 If approved, please include the following conditions: Page 73 of 90 Report No: CP 2020-276 COMMUNITY PLANNING Council Meeting: October 19, 2020 Page 7 of 8  If required, a severance agreement shall be entered into between the applicants and the Town of Tillsonburg and shall be registered on the lands, to the satisfaction of the Town. The fee for said severance agreement is $1025.00.  The applicants shall obtain a new civic address for the lot to be severed. The Oxford County Public Works Department provided the following comments:  There are no municipal services present on Walnut Drive, the road has not yet been constructed. The County will not extend services to the subject lands. Town of Tillsonburg Fire & Rescue Services indicated that as no building can be issued until municipal services are available, they have no concerns with the proposed consent. PUBLIC CONSULTATION: Notice of the consent was provided to the public and surrounding property owners in accordance with the requirements of the Planning Act on October 2, 2020. At the time of writing this report, no comments or concerns have been received from the public. Planning Analysis The subject application proposes to create a new vacant residential infill lot while retaining a vacant lot in the western area of Tillsonburg. In regard to the PPS, the proposal is consistent with the intensification, redevelopment and housing policies as the application provides for an opportunity for intensification and can be considered to be a more efficient use of land and municipal infrastructure (when it is constructed). Although the lots to be severed and retained are considered to be appropriate in accordance with the infill policies of the Official Plan with respect to lot size, frontage and depth, the proposal does not comply with the criteria of the Official respecting the adequacy of existing municipal services or compliance with municipal zoning by-laws. Section 10.3.4 of the Official Plan also requires that that proposed lots have direct frontage on a permanent public road maintained year round at a reasonable standard of construction and will not require the opening or extension of a public road. This section also requires the proposed lot to have adequate water supplies and sewage services and stormwater management. As noted, although Walnut Drive was transferred to the Town at the time of the subdivision registration in 1994, the street and the associated municipal services have not been constructed. The original subdivision developer of the Oak Park Estates subdivision defaulted on the obligations to construct the road and service all of the lots. Consequently, the road has not been constructed and no municipal services are available to service the lot. The current developer of the subdivision is proceeding to construct and develop phases of the original subdivision, and recently constructed and serviced the extension of Beech Boulevard. However, the timing of the construction of Walnut Drive and the servicing of the adjacent lots is not known. Given this, Planning staff are of the opinion that the proposed consent is premature Page 74 of 90 Report No: CP 2020-276 COMMUNITY PLANNING Council Meeting: October 19, 2020 Page 8 of 8 as the necessary frontage on an improved public street and required municipal services are not present, and the timing of their installation is also unknown. In light of the foregoing, it is the opinion of this Office that the proposed severance is not consistent with the Official Plan review criteria for consents as the proposed consent is premature, does not front on an improved street and no municipal services exist to serve the lot to be severed. RECOMMENDATION That the Council of the Town of Tillsonburg advise Oxford County Land Division Committee that it does not support the proposal to sever the subject property as the proposal is not consistent with the policies of the Official Plan respecting infill severances as the lot to be severed does not front on an improved street, and no municipal services exist to serve the lot to be severed. SIGNATURES Authored by: "Original Signed By" Eric Gilbert, MCIP RPP, Senior Planner Approved for submission: "Original Signed By" Gordon K. Hough, RPP, Director Page 75 of 90 September 17, 2020 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 1020 Notes NAD_1983_UTM_Zone_17N 51 Meters Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) Plate 1: Location Map with Existing Zoning File No: B20-46-7 - Abraham & Deborah Klassen Lot 37, Plan 41M-144, 1 Walnut Drive, Tillsonburg Walnut Drive Concession Street West Beech Boulevard Hemlock Drive Lands to be Severed Lands to be Retained Page 76 of 90 September 17, 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: B20-46-7 - Abraham & Deborah Klassen Lot 37, Plan 41M-144, 1 Walnut Drive, Tillsonburg Concession Street West Lands to be Severed Lands to be Retained Page 77 of 90 ~----···-···------······-·---···-·-···-····----g~·-' -·----. ·--.. ···-··-··--· .. iN . ...... ) Empty lot ' ·--------------------To be Severed----·,-------------_:! f ~, 1 Walnut Drive Plan M144 Lot 37 Town of Tillsonburg County of Oxford Empty lot Concession Street West ~ w. Plate 3: Applicants' Sketch File No: B20-46-7 - Abraham & Deborah Klassen Lot 37, Plan 41M-144, 1 Walnut Drive, Tillsonburg Page 78 of 90 RECEIVED BUILDIN G Ol!PT. BY: :ZS AUG• 2020 ((Oxford County Growing stronger together APPLICATION FOR CONSENT or File No . B ------ File No . A ------ APPLICATION FOR CONSENT AND MINOR VARIANCE a (Check One} Oxford County Land Division Committee 1. Reglatere Name :.......J~~..i....:.~..u..-'-;..-o,,.....~~~,,...--.'~..-...~u...&~~ Applicant (if other than registered owner): Name=------------------------~ Addresa : -------------------- Cd /1' (r:1 c·)5-i~ -t./1./ ·Y:7-·Re&tdance~ _.2! L -.A.J c1 . Buelftff~ (519) 5--?Q -c".J~'J9S' (·ax: \ Residence:------- Business:-------Fax: ________ _ Postal Code:--------Email: ------------------- Sollcltor or Agent (if any): Name=-------------------------~ Address:-------------------- Bua. --------- Cell --------- Fax --------- Postal Code:--------Email: ------------------- 2 . LocatJonofSubjectland: I Wn.\nu t !x-\'le.; Municipality \\ \ l SQ("\ b\s-u-g former mun icipality _________ _ Lot(s) j ]· Concession ------------ lot(s) Registered Plan No. (''{\ \I..\ I=} bo1° 3 ·+ Part(s) ---------------Reference Plan No. ---------- The subject land is located on the __ e_a_·....,·&~' t-------side of \,..)a. \ nµ.-\-Street, lying between C. o n c eS<::; 1 oC) Sf1 ·w. Street/ and __ ( J ...... Xl........._..l ..... o ..... u ..... ±._ .... b .... r ...... ___ Street:-- Stree t and/or 911 Address (if any):------------------------- NATURE OF APPLICATION 3. a) Type and Purpose of Proposed Transaction: (check appropriate box(es)) Conveyance addition to a lot y/ creation of a new lot(s) -specify number of new lots proposed (not including retain ed lot) _L__ please check if the creation of th e new lotCs) is a 'technical severance· (i.e., the land being severed and the land -being retained were formerly separate hold in gs but have si nce become consolidated) Other _ Mortgage or Charge _ Partial Discharge of Mortg age -::-ti Easem ent I Right-of-Way y_ None OFFICE USE ONLY DATE APPLICATION R ECE IVED Lease Corre ction of TiUe = Other (specify)------------- D ATE PRESCRIBED INFORMATION COMPLETE PIN REV. JANUARY 2020 20-46-7 000250365Aug. 28/20 Page 79 of 90 Coumv OF OXFORO-APPUCATIOH FOR CONSENT /CONSENT & MrnoR VARIANCE PAGE2 NATURE OF APPLICATION -cont'd 3. b) If Known, name of Person(s) (purchaser, lessee, mortgagee, etc.) to whom land is intended to be conveyed, lea se d or mortgaged ___________________________________ _ 4 . Minor Varlance(s) Request: (if applicable) LOT TO BE SEVERED Lor TO BE RETAINED a) SECTION & PROVISION FROM BY-LAW REQUIRED PROPOSED R EQUIRED PROPOSED b) Why is it not possible to comply with the provisions of the By-Law?----------------- 5. Is the lot(s) to be severed or the lot to be retained currently th e subject of any other application under the Act, such as an application for an Official Plan amendment, a zoning by-law amendment, a Minister's Zoning Orde r or approval of a pl an of subdivision? No V Unknown Yes If yes, File No.-------Status/Decision ------------ HISTORY OF THE SUBJECT LANDS 6. Are there any easements or restrictive covenants affecting the subject land? Yes If yes, describe each easement or restrictive covenant and its effect. 7. a) Has the subject property ever been the subject of an application for a plan of subd ivis ion or an appl ication for severance under the Pl,11nning Act? No • Unknown L Yes ;es, File No. 3>~ \-q ocob Status/Decision---------- b) Has any land been severed from the parcel originally acquired by the owner of the subject land? V No Unknown Yes If Yes , File No(s). Status/Decision 8. If this appllcatlon Is for a lot addition, has th~ lot to be enlarged ever been the subject of a previous severance? :}__ Not Applicable No Unknown Ye s If Yes, please provide the previous severance File No. and a copy of the deed for the property to be enlarged . File No(s). --------- 9. Has the lot(s) to be severed or the lot to be retained ever been the subject of any other application under the Act , such as an application for an Official Pl an amendment, a zoning by -law amendment , a Minister 's Zon ing Order or a minor varia nce? No ~Unknown Yes If yes, File No.-------Status/Decision ------------ REV. JANUARY 2020 Page 80 of 90 COUNIYOF O~fOAO -APPllCATIOll fORCONS fNT f COll5 ENr &MNO RVA AIAN CE PAGE3 INFORMATION ABOUT SUBJECT LAND($) Proaent Offlchd Plan Ooalgnatlon applying to the subject land: bQ\\l _ ll.:a-J;S'ttq -R \ &-l.B) -.. 10. a) b) Present Zoning applying to the subje ct land : c) Is the application con sistent with the Provincial Polley Statement, 2014, as am end ed? (se e ttem No. 9 in the applica tion guide) Yes / No 11. Description of Subject Land: (pleas e use additional page(s) if necessary) Lor TO BE SEVERED LOTTO BE RETAINED LOT TO BE ENLARGED (prlor to severance) DIMENSIONS Metres Feet Metres Feet Metres Feet Frontaae .5 J., . 1S --··· Averaae DeDth (."jg' JO I ·---... Averaae Width _-)1 ;·n :-/ ·~-·- sQ.m/ha or SQ .ft.lac . SQ .m/ha or so .ft.Jar SQ .m/ha or sq .ft .lac Area z:;; ,F)q{,..,·~>: ,,.<,,:F, ~f°J, Ntl '": PLAC E AN 'X' IN TH E APPROPRI ATE BO.f BELOW USE OF SUBJECT LANDS EXISTING PROPOSED EXISTING PROPOSED EXISTING Residential CCitvfTownMllaae/Rural Cluster) y v Non-Farm Rural Residential Seasonal Residential Mob ile Home Park Commercial Recreational Aaricultural Institutional Industrial Parkland Other CsoeciM Provide details on existing uses: i.e_ Residential Commercial , Aarl c ultural Industrial, etc. l Lor TO BE SEVER ED LOT TO OE RETAI NED LOT TO OE ENLARGED K~~1d e 1J1:L r i2e s /de n+,;., ( -· -.. -.. P Id d II rov e eta s on propose d uses: LOT TO BE SEVERED LOT TO BE RETAINED LOT TO BE ENLARGED H v l~e. ( Dw c ff ,/i!j) /-ht.t S r [ 1)wt! ti ,;\j ) .. -· -. BUILDINGS AND STRUCTURES -USE & TYPE (INDICATE IF NO eUILDINGs; PROVID E DATE OF coNSTRuc110N FOR EXI STI NG) Lor TO BE SEVERED Lor TO BE RETAINED Lor TO OE ENLARGED t Jcu· 1·. "' 1-Vl1..-l (\ t ~·t -"----·--·-· .. -EXISTING PROPOSED (:) 1 no \ t', rl viJ ocJ:le.1 ~ .5.L.0r:: \r.... rLJ.t-r;1· h Pd r l Y\17} I I i°l'IG x<r\lo (I \n o 0 ,j REV. JANUARY 2020 Page 81 of 90 COUHTY OF Ol1011D -APPUCA110H roR COmEHT I CONS!Hf a. MIHOR V ARIAH C! PAGE4 PLACE AN 'X' IN THE APPROPRIATE BOX BELOW LOT TO OE SEVERED Lor TO B E RETAINED LOT TO BE ENLARGE D EXISTING PROPOSED EXISTING PROPOSED EXISTING TYPE OF ACCESS Provincial Highwav Countv Road Municioal Road maintained all vear -- Municipal Road seasonally maintained Unooened Road Allowance Rioht-of-Way owned by: Water Access (d esctibe boat docking and parking fa cilities on mainland & distance from proposed lot) Other (specify) pl.lb ll r itr.U ,Jt+1 xlfd . t tc1" TYPE OF WATER SUPPLY Publiclv owned and ooerated oioed water svstem ~ )( Privatelv owned and ooerated communal water system Privatelv owned and ooerated individual well Lake or other water body Other (soocifvl TYPE OF SEWAGE DISPOSAL Publiclv owned and OOP.rated sanitarv sewer svstem )( v.. Privatelv owned and ooorated communal seotic svstem Privately owned and ooerated individual septic svstem Pit Privy Other lsoeciM WHEN WILL WATER SUPPLY AND SEWAGE DISPOSAL SERVICES BE AVAILABLE (i f applicable) I Un~nv ,~() U (I k'rtH () 12. If the applicant Is not the owner of the land that Is the subject of this application, a written authorization of the owner that the applicant Is authorized to make the appllcatlon must be Included with this form, or the authorization set out below must be completed. AUTHORIZATION OF OWNER(S) FOR AGENT TO MAKE THE APPLICATION 1/W~-----------------------------~-~-~ am/are the owner(s) of the land that is t/Je subject of this application for consent I consent and minor variance. I /We authorize _______________________________ _ to make this application on my I our behalf. Date Signature of Owner(s) Sign ature of Owner(s) RE V JANUARY 20 20 Page 82 of 90 COUNTY 01 oxroRO-APPUCATIOll roR CoNSENf I CONSIHT & MNOll VARIANCE PAGE5 THIS SECTION TO BE COMPLETED IN THE PRESENCE OF A COMMISSIONER FOR TAKING AFFIDAVITS I/We (}Bt{frf±f\jyL * 'J)b\ili·A-\t KL.fl~-G"l\J of the -::ri LL ~o N8 l I /(J 6-in the 0 X E'oRO . _....:....__ __ (r.-o-wn;...s"'"h""1p"'"o-r""M""un .... ld...;::'P:;;..B_,,li,...ty),...--------(County or Regio n) DO SOLEMNL. Y DECLARE THAT: All of the prescribed information contained in this application is true and that the information contained in DECLA~:D::::: ::~~:•Y;::Y this appticatWn is true .• ~--IL,--- of '\\ \\ S O i\ bl.Lr"\ in the Owner I Applicant Cou..n ~ of ==> oxfi> r d --r.. () #:) / this ~B dayof ilig)u.ST 20d 0 ..--J-JkcJL a ,(!£,j../---- Owner I Applicant Helen Ann Johflson, a Commi981oner etc Province of Ontario , for the Corporat;Q., ·· of the Town of THltonburg . Expire•: March 10, 2023. If the decision of this application Is appealed by a third party, I 8-/;ra ham /<loS )'el] (<>wne</applican\ namo -please prilll) agree to support the application, provide assistance In the preparation and presentation of the application before the Local Planning Appeal Tri u and pay all of the County's legal costs associated with the Tribunal hearing. (signature of owner/ applicant) ~: 1. It is required th at one original of thi s application (including the sketch described in Item 5 of the guide) be filed, togelher with the applicable fee, payable to the Treasurer, County of Oxford. Please contact lhe County of Oxford Planning Office for t he cu rren t fee . The fee schedule as set out below was approved by County Council and became effec tiv e January 1, 2019. • Planning Fee Slngle Consent only $2,085.00 Multiple Consents $2,065.00 for the first lot, each additional lot $1,030.00 • Planning Fee Single Consent and Minor Variance $2,140.00 Multlple Consents and Minor Variances $2 ,140.00 for the first lot, each additional lot $1,070.00 • Public Works Fee $200.00 per lot (vacant lot creation -re sidential, Institutional, commercial or Industrial) 2. The Application Feo consists of a Planning Fee and a Public Work s Fee, as required . 3. Additional fees of $100.00/lot will be required by Public Works at the time of clearance of conditions. MFIPPA Notice of Collection & Disclosure The collection of persona l infonnation on th is fonn is legally authorized under Sec.53 of the Planning Act and O.Reg .197/96 for the purpose of processing your planning application . Questions about this colleclion should be directed to th e Director of Community Planning al th e County of Oxfo rd , 2 1 Reeve St., P.O. Box 1614, W oodstock , ON N4S 7Y3 or at 519-539 -9800 (ext.3207). Pursuant to Sec.1.0.1 of the Pla nning Act, and in accordance with Sec.32(e) of the Municipal Froodom of Information and Protection of Privacy Act. it Is th e policy of th e County of Oxford to make all planning applica tions and supporting material avai lable to the public . REV JANVARY 2020 Page 83 of 90 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2020-____ A By-Law to amend Zoning By-Law Number 3295, as amended. WHEREAS the Municipal Council of the Corporation of the Town of Tillsonburg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Schedule "A" to By-Law Number 3295, as amended, is hereby amended by changing to ‘R2-24’ the zone symbol of the lands so designated ‘R2-24’ on Schedule “A” attached hereto. 2. That Section 7.5 to By-Law Number 3295, as amended, is hereby further amended by adding the following: “7.5.24 LOCATION: Lot 2, Plan 41M-205, Parts 3 & 6 of 41R-7549 (Sandy Court), R2-24 (KEY MAP 7) 7.5.24.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R2-24 zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: All uses permitted in Section 7.1. 7.5.24.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R2-24 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 7.5.24.2.1 FRONT YARD DEPTH Minimum 6.0 m (19.69 ft) 7.5.24.2.2 REAR YARD DEPTH Minimum 3.0 m (9.8 ft) 7.5.24.3 That all of the provisions of the R2 Zone in Section 7.2 of this By-Law, as amended, shall apply and further, that all other provisions of this By-Law, as amended, that are consistent with the provisions herein shall continue to apply mutatis mutandis.” Page 84 of 90 By-Law 2020-____ Page 2 of 2 3. This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. READ A FIRST AND SECOND TIME THIS 19th day of OCTOBER, 2020. READ A THIRD TIME AND FINALLY PASSED THIS 19th day of OCTOBER, 2020. MAYOR – Stephen Molnar TOWN CLERK – Michelle Smibert Page 85 of 90 PART 3 41R-7549PART 6 41R-7549S .W. AN GLELOT 2 , R E G PLAN 41 M-20 5 TILLSONAVES A N D Y C R T L O T 2 REGISTERED PLAN 41M-205N32°43'00"E4.34N10°59'30"W 23.13N79°00'00"E 34.53 N 7 6 °2 5 '3 0 "E 3 1 .53N11°03'45"W 27.69S C H E D U L E "A " L OT 2 , RE G I S T E RE D P L AN 4 1 M -2 0 5PARTS 3 A N D 6 , R E F E R E N C E P L A N 4 1 R-7 5 4 9TOWN OF TIL LS ONB URG A R E A O F Z O N E C H A N G E T O R 2 -24 N O T E : A L L D I M E N S I O N S I N M E T R E S T H I S I S S C H E D U L E "A " M A Y O R C L E R K TO BY-LAW No. ________________, PASSED THE __________ DAY OF ____________, 2020 T O B Y -L A W N o .© 4 0 4 8 122 METRES ÞÞ Page 86 of 90 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2020-____ A By-Law to amend Zoning By-Law Number 3295, as amended. WHEREAS the Municipal Council of the Corporation of the Town of Tillsonburg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Schedule "A" to By-Law Number 3295, as amended, is hereby amended by changing to ‘R3-17’ the zone symbol of the lands so designated ‘R3-17’ on Schedule “A” attached hereto. 2. That Section 8.6 to By-Law Number 3295, as amended, is hereby further amended by adding the following: “8.6.17 LOCATION: Part Lot 77, Plan 500, Lots 17 & 18, Plan 551, Part 1 of 41R - 1273, R3-17 (KEY MAP 14) 8.6.17.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R3-17 zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: A multiple unit dwelling. 8.6.17.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R3-17 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 8.6.17.2.1 NUMBER OF DWELLING UNITS Maximum 7 8.6.17.2.2 DWELLING UNITS BELOW GRADE Notwithstanding Section 5.4 of this By-Law to the contrary, dwelling units shall be permitted 1.2 m (3.9 ft) below average grade. 8.6.17.2.3 MINIMUM GROSS FLOOR A REA FOR A DWELLING UNIT Page 87 of 90 By-Law 2020-____ Page 2 of 2 Notwithstanding any provisions of this By-Law to the contrary, the minimum gross floor area per dwelling unit shall not apply. 8.6.17.3 That all of the provisions of the R3 Zone in Section 8.2 of this By-Law, as amended, shall apply and further, that all other provisions of this By-Law, as amended, that are consistent with the provisions herein shall continue to apply mutatis mutandis.” 3. This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. READ A FIRST AND SECOND TIME THIS 19th day of OCTOBER, 2020. READ A THIRD TIME AND FINALLY PASSED THIS 19th day of OCTOBER, 2020. MAYOR – Stephen Molnar TOWN CLERK – Michelle Smibert Page 88 of 90 PART 1 41R-1273PLAN 5 0 0LOT 7 7 L O T 1 7 NORTH ER LY ANGL ELOT 18 , PLAN 551 N42°16'E 68.72 N17°35'40"W7.0552.96N47°45'W 45.72N47°44'E6.10N42°15'E 38 .45 GL E N DA L E D R L O T 1 8 P L A N 5 5 1 S C H E D U L E "A " L OT S 1 7 A N D 1 8 , P LA N 5 5 1 A N D PT L O T 7 7, P LA N 5 0 0PART 1 , R E F E RE N C E P LA N 4 1 R-1 2 7 3TOWN OF TIL LS ONB URG A R E A O F Z O N E C H A N G E T O R 3 -17 N O T E : A L L D I M E N S I O N S I N M E T R E S T H I S I S S C H E D U L E "A " M A Y O R C L E R K TO BY-LAW No. ________________, PASSED THE __________ DAY OF ____________, 2020 T O B Y -L A W N o .© 5 0 5 10 152.5 METRES Þ Page 89 of 90 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2020-099 A BY-LAW to confirm the proceedings of Council at its meeting held on the 19th day of October, 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 October 19, 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 19th DAY OF OCTOBER, 2020. READ A THIRD AND FINAL TIME AND PASSED THIS 19th DAY OF OCTOBER, 2020. ________________________________ MAYOR – Stephen Molnar _______________________________ TOWN CLERK – Michelle Smibert Page 90 of 90