201116 Planning Council Meeting AgendaThe Corporation of the Town of Tillsonburg
Council Planning Meeting
AGENDA
Monday, November 16, 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 Planning meeting of Monday, November 16,
2020.
3. Disclosures of Pecuniary Interest and the General Nature Thereof
4. Adoption of Council Planning Minutes of Previous Meeting
Proposed Resolution #2
Moved By: ________________
Seconded By: ________________
THAT the Minutes of the Council Planning meeting held on Monday, October 19, 2020, be
approved.
5. Public Meetings
Proposed Resolution #3
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 12-20 (Bruder)
Proposed Resolution #4
Moved By: ________________
Seconded By: ________________
THAT the Committee of Adjustment approve Application File A12-20, submitted by
Mark Bruder & Sarah Chanda-Bruder, for lands described as Lot 27, Plan M137, 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 6.94 m (22.7 ft) to facilitate the constructed of a
covered porch on the subject lands.
Subject to the following conditions:
i. That the relief shall only comply to the construction of a covered porch addition to
an existing single detached dwelling in the manner as depicted in Plate 3 of Report
CP 2020-312.
ii. The Owners shall obtain a building permit for the proposed covered porch within
one year of the date of the Committee’s Decision;
iii. The Owners shall provide an updated building location survey.
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.
5.2.Applications for Official Plan Amendment and Zone Change OP 20-15-7 and ZN 7-
20-13 (Town of Tillsonburg)
Proposed Resolution #6
Moved By: ________________
Seconded By: ________________
THAT Council advise County Council that the Town supports the application for
Official Plan Amendment, File No. OP 20-15-7, submitted by the Town of Tillsonburg,
for lands legally described as Part Block D, Plan M-53, in the Town of Tillsonburg, to
re-designate the subject lands from Open Space to Low Density Residential;
AND THAT Council approve in principle the zone change application (File No. ZN 7-
20-13) submitted by the Town of Tillsonburg, for lands legally described as Part Block
D, Plan M-53, in the Town of Tillsonburg, to rezone the lands from Passive Use Open
Space Zone to Low Density Residential Type 1 Zone to facilitate the development of
a single detached dwelling on the subject lands.
5.3.Application for Zone Change ZN 7-20-15 (Dyer and Nadeau)
Page 2 of 71
Proposed Resolution #7
Moved By: ________________
Seconded By: ________________
THAT Council approve-in-principle the zone change application submitted by Dave
Dyer & Amy Nadeau, whereby the lands described Lot 574, Plan 500, in the Town of
Tillsonburg known municipally as 1 Hardy Avenue are to be rezoned from ‘Low
Density Residential Type 1 Zone (R1)’ to ‘Special Low Density Residential Type 3
Zone (R3-sp)’ to facilitate the development of a multiple unit dwelling consisting of 3
dwelling units.
6.Planning Reports
7.Closed Session
Proposed Resolution #8
Moved By: ________________
Seconded By: ________________
THAT Council move into Closed Session at ___ p.m. to consider personal matters about
identifiable individuals, including Town employees.
7.1.Adoption of Agenda
7.2.Disclosures of Pecuniary Interest and the General Nature Thereof
7.3.Adoption of Closed Session Council Minutes
7.4.Reports
7.4.1.239 (2) (b) personal matters about identifiable individuals, including
municipal or local board employees;
7.5.Back to Open Session
8.New Business
9.Motions/Notice of Motions
10.By-Laws
11.Confirm Proceedings By-law
Proposed Resolution #9
Moved By: ________________
Seconded By: ________________
Page 3 of 71
THAT By-Law 2020-107, to Confirm the Proceedings of the Council Planning meeting held
on November 16, 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.
12.Adjournment
Proposed Resolution #10
Moved By: ________________
Seconded By: ________________
THAT the Council Planning meeting of Monday, November 16, 2020 be adjourned at ___
p.m.
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1
The Corporation of the Town of Tillsonburg
Council Planning Meeting
MINUTES
Monday, October 19, 2020
4:30 PM
Electronic Meeting
ATTENDANCE: Mayor Molnar
Deputy Mayor Beres
Councillor Esseltine
Councillor Gilvesy
Councillor Luciani
Councillor Parker
Councillor Rosehart
Staff: Kyle Pratt, Chief Administrative Officer
Michelle Smibert, Town Clerk
Carlos Reyes, Director of Operations
Amelia Jaggard, Deputy Clerk
_____________________________________________________________________
1. Call to Order
2. Adoption of Agenda
The Clerk received a request from Abe and Deborah Klassen, applicants of
application B 20-46-7, to speak as a delegation to agenda item 6.1.
Resolution # 2020-461
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
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THAT the Agenda as prepared for the Council meeting of Monday, October 19,
2020, with the addition of a delegation from the Applicant of application B20 -46-
7, being considered during item 6.1, be adopted.
Carried
3. Disclosures of Pecuniary Interest and the General Nature Thereof
No disclosures of pecuniary interest were declared.
4. Adoption of Council Planning Minutes of Previous Meeting
5. Public Meetings
Resolution # 2020-462
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
THAT Council move into the Committee of Adjustment to hear applications for
Minor Variance at 4:32 p.m.
5.1 Application for Minor Variance A 10-20 (Pickersgill)
The Senior Planner provided a review of the application. The applicant
proposes to construct a sun room on top of the deck. Variances were
previously granted for the construction of the dwelling. Planning staff have
reviewed the application and are supportive of approval.
Resolution # 2020-463
Moved By: Councillor Parker
Seconded By: Councillor Esseltine
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:
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 Owners obtaining a building permit for the proposed
sunroom addition within one year of the date of the Committee’s Decision.
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Carried
5.2 Application for Minor Variance A 11-20 (Saude)
The Senior Planner provided an overview of the application. The owners
would like to erect a pergola over an existing deck. There isn't an
expected impact on the lot and/or grading.
Councillor Esseltine asked about the aerial map as it did not have the
house on the lot. The Senior Planner noted that the aerial photography
was done in 2015 before the house was constructed.
Resolution # 2020-464
Moved By: Councillor Esseltine
Seconded By: Councillor Parker
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:
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 Owner obtaining a building permit for the proposed pergola
within one year of the date of the Committee’s Decision.
Carried
Resolution # 2020-465
Moved By: Councillor Luciani
Seconded By: Deputy Mayor Beres
THAT Council move out of the Committee of Adjustment and move back
into regular Council session at 4:43 p.m.
Carried
5.3 Application for Zone Change ZN 7-20-09 (E & E McLaughlin Ltd.)
The Senior Planner provided an overview of the application. Staff feels
that the relief being sought is appropriate for the lands and buildings.
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Mr. Gilvesy, consultant for the indicated his support for the application.
Resolution # 2020-466
Moved By: Deputy Mayor Beres
Seconded By: Councillor Luciani
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.
Carried
5.4 Application for Zone Change ZN 7-20-11 (Singh)
The Senior Planner provided an overview of the application to permit 7
dwelling units. The Senior Planner noted the policies that support a range
and density of housing types. The proposal will be subject to site plan
control. There has been some correspondence received regarding
concerns about the building type, traffic and access to this development.
Staff recommends approval of this application.
Councillor Gilvesy asked about the lack of comments received from the
Fire Department and asked about the Fire Code. The Senior Planner
noted that all codes are required to met when the buildings are
constructed. Councillor Gilvesy asked about the laneway and capacity for
full services. The Planner noted that services are reviewed at site plan
and if there isn't capacity then the developer would have to pay for any
upgrades.
Councillor Esseltine asked about the exterior of the building and the
planner noted that the applicants is hoping to keep the existing exterior.
Mayor Molnar asked if the circulation of the application extended to Allen
Street and the Senior Planner noted that it did include persons on Allen
Street.
Sarah Lang, architect for the applicant indicated the exterior of the building
the same. They would like to have four units on the main floor entering
from grade while the remaining units will be located in the basement. She
noted that they want to be sensitive to the neighbours and the applicant
has been involved in other successful projects like this one. Councillor
Gilvesy asked about market rate and if these units will be long term and
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the architect provided an affirmative response. She confirmed that all of
the units have private facilities. Councillor Luciani noted the two accesses
and asked if the adjoining property owners would still have access to their
backyard and the architect noted that the applicant would work with the
neighbours with this matter.
Dianne Clark, circulated neighbour, noted that the notices should be
received by the neighbours before signs are erected on the subject
property. When they purchased their home, the church authorities
confirmed they had this access to their backyard. The church is a fairly
quiet property. Dianne noted concern for lack of water with the
construction of this development. She asked that the applicant look for
alternative locations for this development.
Resolution # 2020-467
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
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.
Carried
6. Planning Reports
6.1 Application for Consent B20-46-7 (Klassen)
The Senior Planner provided an overview of the application. The severed
lot fronts on a road that is not yet built. By-law allows the Town to obtain
funds from the owner to pay the developer who will be constructing the
roadway. Since there are currently no services and an improved street,
the staff recommendation is that the application not be approved as it is
premature. If Council would like to approve the application then it is
suggested that a severance agreement be a condition of approval.
Councillor Esseltine asked the Planner who owns the lots that are not
owned by the Subdivider and enquired if these people knew of the by-
law/financial arrangement when they purchased their lot? The Senior
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Planner noted that Town/County staff would have relayed this information
upon any enquiries. Councillor Gilvesy asked what harm would there be
by allowing the severance and the Planner noted that as the application
stands, it does not meet the intent of the Official Plan and Zoning By-Law.
Deborah Klassen, applicant, feels that the application is a money grab as
they paid the fees and they understand that they need to wait until the
services are in place. The lot is just too big for the applicants and she
indicated they didn't hear anything about policies/by-law until last week.
Resolution # 2020-468
Moved By: Councillor Rosehart
Seconded By: Councillor Gilvesy
THAT Council advise Oxford County Land Division Committee that it
supports the proposal to sever the subject property subject to the
condition of the applicant entering into a severance agreement with the
Town.
Carried
7. New Business
8. Motions/Notice of Motions
9. By-Laws
9.1 By-Law 2020-100, to amend Zoning By-Law Number 3295, as
amended (ZN 7-20-09)
9.2 By-Law 2020-101, to amend Zoning By-Law Number 3295, as
amended (ZN 7-20-11)
Resolution # 2020-469
Moved By: Councillor Parker
Seconded By: Councillor Esseltine
THAT By-Law 2020-100 to amend Zoning By-Law Number 3295, as
amended (ZN 7-20-09); and
By-Law 2020-101 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.
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7
Carried
10. Confirm Proceedings By-law
Resolution # 2020-470
Moved By: Councillor Luciani
Seconded By: Deputy Mayor Beres
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
Resolution # 2020-471
Moved By: Deputy Mayor Beres
Seconded By: Councillor Luciani
THAT the Council Meeting of Monday, October 19, 2020 be adjourned at 6:00
p.m.
Page 11 of 71
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: A12-20
APPLICATION FOR MINOR VARIANCE
TO: Town of Tillsonburg Committee of Adjustment
MEETING: November 16, 2020
REPORT NUMBER: 2020-312
OWNERS/ APPLICANTS: Mark Bruder & Sarah Chanda-Bruder
2 Eden Place, Tillsonburg ON N4G 5M7
AGENT: Nick Ash
11 Adams Avenue, Tillsonburg ON N4G 4X3
REQUESTED VARIANCE:
1. Relief from Section 6.2 - R1 Zone Provisions, to reduce the minimum required rear yard
depth from 12 m (39.3 ft) to 6.94 m (22.7 ft) to facilitate the construction of a covered porch
addition at the rear of an existing single detached dwelling.
LOCATION:
The subject property is described as Lot 27, Plan M137, in the Town of Tillsonburg. The property
is located on the northwest corner of the intersection of Eden Place and Andover Avenue, and is
municipally known as 2 Eden Place.
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)
SURROUNDING USES:
Predominately low density residential uses, consisting of single detached dwellings and an
institutional use (elementary school) and open space to the west.
Page 12 of 71
File Number: A12-20 Report Number 2020-312
Page 2
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 covered porch addition to the rear of an existing single detached
dwelling. The proposed covered porch will have an area of 33 m2 (355 ft2).
The subject property is approximately 827.7 m2 (8,909 ft2) in size, with frontage on Eden Place
and Andover Avenue. The subject lands contain an existing single detached dwelling (circ. 2000).
Plate 1, Location Map with Existing Zoning, shows the location of the subject property and the
zoning in the immediate vicinity.
Plate 2, 2015 Aerial Map provides an aerial view of the subject lands (as they existed in 2015).
Plate 3, Applicants’ Sketch, shows the location, size and setbacks of the existing single detached
dwelling and the proposed covered porch 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 November 2, 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, semi-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 covered porch is permitted in
the Low Density Residential designation.
(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.
Page 13 of 71
File Number: A12-20 Report Number 2020-312
Page 3
The R1 Zone requires a minimum rear yard depth of 12 m (39.4 ft). Due to the irregular rear lot
line, the proposed covered porch will have a minimum rear yard depth of 6.94 m (22.7 ft) at the
northeastern corner of the covered porch.
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.
Planning staff consider the proposed relief to be in keeping with the Zoning By-Law as in this
instance, although the requested rear yard depth is 6.94 m (22.7 ft), this setback increases as the
rear lot line is irregularly shaped. Sufficient space will remain for amenity purposes, to
accommodate any drainage swales, and for privacy purposes. For this reasons, Planning staff
consider the relief to be in-keeping with the general intent of the Zoning By-Law.
(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, 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 covered outdoor amenity area
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.
RECOMMENDATION:
That the Town of Tillsonburg Committee of Adjustment approve Application File A12-20,
submitted by Mark Bruder & Sarah Chanda-Bruder, for lands described as Lot 27, Plan M137, 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 6.94 m (22.7 ft) to facilitate the constructed of a covered
porch on the subject lands.
Subject to the following conditions:
i. That the relief shall only comply to the construction of a covered porch addition to an
existing single detached dwelling in the manner as depicted in Plate 3 of Report CP
2020-312.
ii. The Owners shall obtain a building permit for the proposed covered porch within one
year of the date of the Committee’s Decision;
iii. The Owners shall provide an updated building location survey.
As the proposed variance is:
Page 14 of 71
File Number: A12-20 Report Number 2020-312
Page 4
(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 15 of 71
October 28, 2020
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable. This is not a plan of survey
Legend
1020
Notes
NAD_1983_UTM_Zone_17N
51 Meters
Zoning Floodlines
Regulation Limit
100 Year Flood Line
30 Metre Setback
Conservation Authority
Regulation Limit
Regulatory Flood And Fill Lines
Land Use Zoning (Displays
1:16000 to 1:500)
Subject
Property
Plate 1: Location Map with Existing Zoning
File No: A12/20 - Mark Bruder & Sarah Chanda-Bruder
Lot 27, Plan M-137, - 2 Eden Place, Tillsonburg
Eden
Place
Andover
Avenue
Page 16 of 71
October 28, 2020
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable. This is not a plan of survey
Legend
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: A12/20 - Mark Bruder & Sarah Chanda-Bruder
Lot 27, Plan M-137, - 2 Eden Place, Tillsonburg
Subject
Property
Andover
Avenue
Page 17 of 71
Plate 3: Applicants' Sketch File No: A12/20 - Mark Bruder & Sarah Chanda-Bruder Lot 27, Plan M-137, - 2 Eden Place, TillsonburgPage 18 of 71
Page 19 of 71
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Report No: CP 2020-303
COMMUNITY PLANNING
Council Date: November 16, 2020
To: Mayor and Members of Tillsonburg Council
From: Eric Gilbert, Senior Planner, Community Planning
Applications for Official Plan Amendment & Zone Change
OP 20-15-7 & ZN 7-20-13 – Town of Tillsonburg
REPORT HIGHLIGHTS
The intent of the Official Plan Amendment and Zone Change applications is to facilitate the
development of one new residential infill lot.
The proposed Official Plan Amendment will re-designate the subject property from ‘Open
Space’ to ‘Residential’ and ‘Low Density Residential’. The proposed zone change will
rezone the subject property from ‘Passive Use Open Space Zone (OS1)’ to ‘Low Density
Residential Type 1 Zone (R1)’. A single detached dwelling is proposed to be constructed
on the subject lands.
The proposal is consistent with the relevant policies of the Provincial Policy Statement and
is in-keeping with the strategic directions and objectives of the Official Plan, and can be
supported from a planning perspective.
DISCUSSION
Background
OWNER / APPLICANT: Corporation of the Town of Tillsonburg
10 Lisgar Avenue, Tillsonburg ON, N4G 5A5
LOCATION:
The subject property is described as Part Block D, Registered Plan M-53 in the Town of
Tillsonburg. The lands are located on the east side of Clear Valley Drive, between Jackson Court
and Holland Gate and have a municipal address of 41 Clear Valley Drive.
COUNTY OF OXFORD OFFICIAL PLAN:
Existing:
Schedule ‘C-3’ County of Oxford Large Urban Centre
Settlement Strategy Plan
Schedule ‘T-1’ Town of Tillsonburg Open Space
Land Use Plan
Page 26 of 71
Report No: CP 2020-303
COMMUNITY PLANNING
Council Date: November 16, 2020
Page 2 of 7
Proposed:
Schedule ‘C-3’ County of Oxford Large Urban Centre
Settlement Strategy Plan
Schedule ‘T-1’ Town of Tillsonburg Residential
Land Use Plan
Schedule ‘T-2’ Town of Tillsonburg Low Density Residential
Residential Density Plan
TOWN OF TILLSONBURG ZONING BY-LAW 3295
Existing Zoning: Passive Use Open Space Zone (OS1)
Proposed Zoning: Low Density Residential Type 1 Zone (R1)
PROPOSAL:
The intent of the applications for Official Plan Amendment, and zone change is to facilitate the
creation of one infill lot for the construction of a single detached dwelling.
The application for Official Plan Amendment proposes to re-designate the subject lands from
‘Open Space’ to Low Density Residential. The application for Zone Change proposes to rezone
the lands from ‘Passive Use Open Space (OS1)’, to ‘Low Density Residential Type 1 Zone (R1)’,
facilitate the construction of a single detached dwelling.
The subject lands comprise approximately 2480.6 m2 (0.61 ac) and are currently vacant.
Surrounding land uses include single detached dwellings fronting on Clear Valley Drive,
townhouses fronting on Jackson Court, and woodlands and ravine lands to the east.
The subject lands are currently owned by the Town of Tillsonburg and have been declared surplus
by resolution of Town Council and offered for public sale. The intent of these applications is to
ensure that the lands are eligible for a building permit for a single detached dwelling.
Plate 1, Existing Zoning and Location Map, indicates the location of the subject site and the
existing zoning in the immediate vicinity.
Plate 2, 2015 Aerial Map, provides an aerial view of the subject property and surrounding area.
Plate 3, Official Plan Designation, depicts the Official Plan Designations applying to the site.
Plate 4, Applicant’s Sketch, provides the layout of the subject lands.
Page 27 of 71
Report No: CP 2020-303
COMMUNITY PLANNING
Council Date: November 16, 2020
Page 3 of 7
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 states that healthy, liveable and safe communities are sustained by promoting
efficient development and land use patterns which sustain the financial well-being of the Province
and municipalities over the long term and cost-effective development patterns and standards to
minimize land consumption and servicing costs. Further, according to Section 1.1.2, sufficient
land shall be made available to accommodate an appropriate range and mix of land uses to meet
projected needs for a time horizon of up to 25 years.
Section 1.1.3.1 directs that settlement areas shall be the focus of growth and development, and
their vitality and regeneration shall be promoted. Furthermore, Section 1.1.3.2 directs that land
use patterns within settlement areas shall be based on densities and a mix of land uses which
efficiently use land and resources, existing infrastructure and public service facilities.
Section 1.1.3.3 also 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.
As per Section 1.4.1, to provide for an appropriate range and mix of housing types and densities
required to meet projected requirements of current and future residents of the regional market
area, planning authorities shall:
a) Maintain at all times the ability to accommodate residential growth for a minimum of 15
years through residential intensification and redevelopment; and,
b) Maintain at all times where new development is to occur, land with servicing capacity
sufficient to provide at least a three-year supply of residential units available through lands
suitably zoned to facilitate residential intensification and redevelopment, and land in draft
approved and registered plans.
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;
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Report No: CP 2020-303
COMMUNITY PLANNING
Council Date: November 16, 2020
Page 4 of 7
Promoting densities for new housing which efficiently uses land, resources, infrastructure
and public service facilities, and support the use of active transportation and transit areas
where it exists or is to be developed; and
Establishing development standards for residential intensification, redevelopment and new
residential development which minimize the cost of housing and facilitate compact form
while maintaining appropriate levels of public health and safety.
Section 2.1 of the PPS directs planning authorities to protect natural features and are as for the
long term. Section 2.1.5 also states that development and site alteration shall not be permitted in
significant wetlands. Furthermore, Section 2.1.8 does not permit development or site alteration
on lands adjacent to the aforementioned features, unless it has been demonstrated that there will
be no negative impacts on the natural features or their ecological functions.
OFFICIAL PLAN
The subject lands are designated ‘Open Space’ according to the Town of Tillsonburg Land Use
Plan, as contained within the Oxford County Official Plan.
Open Space areas within Settlement areas include lands identified as being regulatory flood plan
areas, public lands, pathways and linkages between natural heritage features. In this instance,
the open space designation reflects the original conveyance of the lands to the Town of
Tillsonburg when the adjacent plan of subdivision was developed.
Low Density Residential Areas are those lands that are primarily developed or planned for a
variety of low rise, low density housing forms including single-detached dwellings, semi-detached,
duplex or converted dwellings, quadraplexes, townhouses and low density cluster development.
In 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. It is not intended that the full range of housing will be
permitted in every individual neighbourhood or development.
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:
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Report No: CP 2020-303
COMMUNITY PLANNING
Council Date: November 16, 2020
Page 5 of 7
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;
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.
ZONING BY-LAW
The subject lands are currently zoned ‘‘Passive Use Open Space Zone (OS1)’ according to the
Town’s Zoning By-law. Permitted uses within the OS1 zone include a conservation project, flood
control works, picnic area, passive use park, or a public use carried out by the municipality or
utility provider.
The applicant is proposing to rezone the subject property to ‘Low Density Residential Type 1 Zone
(R1)’ to facilitate the construction of a single detached dwelling. Permitted uses within the R1
zone include a single detached dwelling and accessory uses thereto, and a home occupation.
Based on the proposed reference plan submitted with the applications, the provisions of the R1
zone respecting minimum lot area, lot frontage and lot depth will be satisfied.
AGENCY COMMENTS
The applications were reviewed by a number of public agencies. The following comments were
received.
Town of Tillsonburg Building & By-Law Services, Town of Tillsonburg Engineering Services
Department, Town of Tillsonburg Fire and Rescue Services Department, and Oxford County
Public Works Department indicated that they have no comments or concerns with the proposal.
PUBLIC CONSULTATION
Notice of complete application was provided to surrounding neighbours on October 27, 2020 and
notice of public meeting was sent on November 2, 2020, in accordance with the requirements of
the Planning Act.
A petition was received by Town Council at their August 10th Council meeting from adjacent
residents who are opposed to the sale and development of the subject lands. A copy of the
petition has been included as an attachment to this report.
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Report No: CP 2020-303
COMMUNITY PLANNING
Council Date: November 16, 2020
Page 6 of 7
Planning Analysis
The subject application for Official Plan amendment and zone change proposes to create a
residential infill lot for the purpose of constructing a single detached dwelling.
It is the opinion of staff that the proposal is consistent with the relevant policies of the Provincial
Policy Statement. The proposed development is considered to be a form of infilling and
represents an efficient use of lands, municipal services and infrastructure within a designated
settlement area, which is consistent with Sections 1.1.1, 1.1.3.1, 1.1.3.2, 1.1.3.3 and 1.4.3 of the
PPS.
The proposed re-designation of the subject lands from Open Space to Low Density Residential is
considered appropriate as the current designation reflects the historical use of the lands, and the
proposed re-designation will create an infilling opportunity that is considered an efficient use of
land and facilitate development that will be similar to and compatible with surrounding low density
residential uses.
The proposal is in keeping with the policies of the Low Density Residential designation. The
proposed use is permitted in the Low Density Residential designation, and the proposed
development is considered to be appropriate in accordance with the infill policies of the Official
Plan. The subject lands are located within an area that is characterized by low density
development consisting of single detached dwellings on a variety of lot sizes that are similar to
what is proposed by this application and are not out of character with the residential development
in the immediate area with respect to lot area, depth and frontage. The subject lands will be of
sufficient size to provide adequate space for setbacks, stormwater run-off, parking and vehicular
ingress and egress. The proposal is not expected to negatively impact any of the woodlands and
ravine lands to the east, and the area to be re-designated and rezoned encompasses the existing
cleared area. As such, it is the opinion of staff that the application conforms to the policies of the
Official Plan respecting infill development.
The requested zoning amendment will facilitate the construction of a single detached dwelling,
and the subject lands will meet the provisions of the R1 zone with respect to lot frontage, lot depth
and lot area. The use of the lands for a single detached dwelling will be consistent with other
properties in the immediate vicinity.
In light of the foregoing, Planning staff are satisfied that the proposed development is consistent
with the policies of the Provincial Policy Statement and is in-keeping with the strategic initiatives
and objectives contained in the Official Plan. As such, staff are satisfied that the applications can
be given favourable consideration.
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Report No: CP 2020-303
COMMUNITY PLANNING
Council Date: November 16, 2020
Page 7 of 7
RECOMMENDATIONS
That the Council of the Town of Tillsonburg advise County Council that the Town supports
the application for Official Plan Amendment, File No. OP 20-15-7, submitted by the Town
of Tillsonburg, for lands legally described as Part Block D, Plan M-53, in the Town of
Tillsonburg, to re-designate the subject lands from Open Space to Low Density
Residential;
And further that the Council of the Town of Tillsonburg approve in principle the zone
change application (File No. ZN 7-20-13) submitted by the Town of Tillsonburg, for lands
legally described as Part Block D, Plan M-53, in the Town of Tillsonburg, to rezone the
lands from Passive Use Open Space Zone to Low Density Residential Type 1 Zone to
facilitate the development of a single detached dwelling on the subject lands.
SIGNATURES
Authored by: Eric Gilbert, MCIP, RPP
Senior Planner
Approved for submission: Gordon K. Hough, RPP
Director
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October 14, 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)
Clear
Valley
Drive
Subject
Property
Plate 1- Existing Zoning and Location Map
File Nos. OP 20-15-7 & ZN 7-20-13 (Town of Tillsonburg)
Part of Block D, Plan M-53- 41 Clear Valley Drive, Town of Tillsonburg
Jackson
Court
Wilson
Avenue
Holland
Gate
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October 14, 2020
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable. This is not a plan of survey
Legend
510
Notes
NAD_1983_UTM_Zone_17N
26 Meters
Zoning Floodlines
Regulation Limit
100 Year Flood Line
30 Metre Setback
Conservation Authority
Regulation Limit
Regulatory Flood And Fill Lines
Land Use Zoning (Displays
1:16000 to 1:500)
Plate 2- 2015 Aerial Map
File Nos. OP 20-15-7 & ZN 7-20-13 (Town of Tillsonburg)
Part of Block D, Plan M-53- 41 Clear Valley Drive, Town of Tillsonburg
Subject
Property
Clear
Valley
Drive
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October 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
100 Metre Buffer Ingersoll
Village Land Use
Designation
Village Core
Service Commercial
Low Density Residential
Medium Density Residential
Industrial
Major Institutional
Future Urban Growth
Open Space
Environmental Protection
School
Requiring Secondary Planning
(See Sec. 4.2.2.4)
Land Use Designation
Residential
Residential Reserve
Central Business District
Entrepreneurial District
Neighbourhood Shopping Centre
Service Commercial
Regional Commercial Node
Business Park
Traditional Industrial
Community Facility
Open Space
Environmental Protection
Future Urban Growth
Rural Buffer
Industrial Site Specific Policy
Area
Agricultural Reserve
Settlement
County Biosolid Storage Facility
County Landfill Site
Quarry Area
Industrial
Linear Rural Cluster
Pedestrian Predominate Area
Plate 3- Official Plan Designation
File Nos. OP 20-15-7 & ZN 7-20-13 (Town of Tillsonburg)
Part of Block D, Plan M-53- 41 Clear Valley Drive, Town of Tillsonburg
Clear
Valley
Drive
Subject
Property
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Plate 4- Applicant's Sketch
File Nos. OP 20-15-7 & ZN 7-20-13 (Town of Tillsonburg)
Part of Block D, Plan M-53- 41 Clear Valley Drive, Town of Tillsonburg
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AMENDMENT NUMBER 251
TO THE COUNTY OF OXFORD OFFICIAL PLAN
The following text and schedules attached hereto, constitute
Amendment Number 251 to the County of Oxford Official Plan.
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COUNTY OF OXFORD
BY-LAW NO. XXXX-2020
BEING a By-Law to adopt Amendment Number 251 to the County of Oxford Official Plan.
WHEREAS, Amendment Number 251 to the County of Oxford Official Plan has been
recommended by resolution of the Council of the Town of Tillsonburg and the County of Oxford
has held a public hearing and has recommended the Amendment for adoption.
NOW THEREFORE, the County of Oxford, pursuant to the provisions of the Planning Act, R.S.O.
1990, as amended, enacts as follows:
1. That Amendment Number 251 to the County of Oxford Official Plan, being the attached
text and schedule, is hereby adopted.
2. This By-Law shall come into force and take effect on the day of the final passing thereof.
READ a first and second time this 9th day of December, 2020.
READ a third time and finally passed this 9th day of December, 2020.
LARRY G. MARTIN, WARDEN
CHLOÉ J. SENIOR, CLERK
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1.0 PURPOSE OF THE AMENDMENT
The purpose of this amendment is to redesignate the subject lands from ‘Open Space’ to
‘Residential’ and ‘Low Density Residential’ to facilitate the development of a single
detached dwelling on the subject lands.
2.0 LOCATION OF LANDS AFFECTED
This amendment applies to lands described as Part Block D, Registered Plan M-53, in the
Town of Tillsonburg. The lands are located on the east side of Clear Valley Drive, between
Jackson Court and Holland Gate and are municipally known as 41 Clear Valley Drive.
3.0 BASIS FOR THE AMENDMENT
The subject amendment has been initiated to redesignate the subject lands to ‘Residential’
and ‘Low Density Residential’ to facilitate the development of a single detached dwelling
on the subject lands.
It is the opinion of Council that the proposed amendment is consistent with the relevant
policies of the PPS as the proposed development is compact, cost-effective, and an
efficient land use pattern that will efficiently use existing land, infrastructure, and municipal
services.
The site is located on the periphery of an area that is surrounded by low density residential
development to the north and west, with ravine lands to the east remaining in the ‘Open
Space’ designation. The proposal complies with the infill policies of the Official Plan as
the proposal is similar to other subject properties in the area, is sufficiently large to
accommodate stormwater run-off, parking and required setbacks, and the proposal is not
expected to negatively impact any of the woodlands and ravine lands to the east , as the
area to be re-designated and rezoned encompasses an existing cleared area. It is the
opinion of Council that the proposed development is appropriate for the area with respect
to the nature, character and scale of adjacent uses.
Further, it is the opinion of Council that the subject application is consistent with the
policies for Low Density Residential areas within the Town. The Low Density Residential
designation permits single detached dwellings as proposed within existing low density
residential areas. The proposed single detached dwelling will be a compatible form of
development with the surrounding low density residential development.
In light of the foregoing, Council is satisfied that the proposal is consistent with the policies
of the Provincial Policy Statement and is in-keeping with the strategic initiatives and
objectives of the County Official Plan.
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4.0 DETAILS OF THE AMENDMENT
4.1 That Schedule “T-1” – Town of Tillsonburg Land Use Plan, is hereby amended by
designating those lands identified as “ITEM 1” on Schedule “A” attached hereto as
“Residential”.
4.2 That Schedule “T-2” – Town of Tillsonburg Residential Density Plan, is hereby
amended by designating those lands identified as “ITEM 1” on Schedule “A”
attached hereto as “Low Density Residential”.
5.0 IMPLEMENTATION
This Official Plan Amendment shall be implemented in accordance with the
implementation policies of the Official Plan.
6.0 INTERPRETATION
This Official Plan Amendment shall be interpreted in accordance with the interpretatio n
policies of the Official Plan.
Page 40 of 71
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 ‘R1’ the zone symbol of the lands so designated ‘R1’ on Schedule “A”
attached hereto.
2. This By-Law comes into force in accordance with Sections 34(21) and (30) of the
Planning Act, R.S.O. 1990, as amended.
READ A FIRST AND SECOND TIME THIS 14th day of DECEMBER, 2020.
READ A THIRD AND FINAL TIME AND PASSED THIS 14th day of DECEMBER, 2020.
___________________________
MAYOR – Stephen Molnar
______________________________
TOWN CLERK – Michelle Smibert
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ZN 7-20-13
Sept. 1/20
000330179
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Page 1 of 6
Report No: CP 2020-304
COMMUNITY PLANNING
Council Date: November 16, 2020
To: Mayor and Members of Tillsonburg Council
From: Eric Gilbert, Senior Planner, Community Planning
Application for Zone Change
ZN 7-20-15 – Dyer & Nadeau
REPORT HIGHLIGHTS
The application for Zone Change proposes to rezone the subject property from ‘Low Density
Residential Type 1 Zone (R1)’ to ‘Special Low Density Type 3 Zone (R3-sp)’ to facilitate the
residential conversion of a vacant commercial space to permit a multiple unit dwelling with 3
dwelling units.
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: Dave Dyer & Amy Nadeau
50 Cranberry Line, Tillsonburg ON N4G 4G8
LOCATION:
The subject lands are legally described as Lot 574, Plan 500, in the Town of Tillsonburg. The
subject lands are located on the northeast corner of the intersection of Hardy Avenue and John
Street, and are municipally known as 1 Hardy Avenue, Tillsonburg.
COUNTY OF OXFORD OFFICIAL PLAN:
Schedule “T-1” Town of Tillsonburg Land Use Plan Residential
Schedule “T-2” Town of Tillsonburg Residential
Density Plan Low Density Residential
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Report No: CP 2020-304
COMMUNITY PLANNING
Council Date: November 16, 2020
Page 2 of 6
TOWN OF TILLSONBURG ZONING BY-LAW NO.3295:
Existing Zoning: Low Density Residential Type 1 Zone (R1)
Proposed Zoning: Special Low Density Residential Type 3 Zone (R3-sp)
PROPOSAL:
The purpose of the proposed zone change is to rezone the subject lands from ‘Low Density
Residential Type 1 Zone (R1)’ to ‘Special Low Density Residential Type 3 Zone (R3-sp)’ to permit
the conversion of an existing commercial space to residential, to increase the total number of
dwelling units to 3 on the subject property. Relief is also being sought to recognize the existing
lot frontage and depth, and to permit a reduced lot area of 178 m 2 (1916 ft2) per dwelling unit.
The subject lands have an approximate area of 534.4 m2 (5,752 ft2) and contain an existing
building, containing two dwelling units and a former commercial use (sign business). An existing
storage building in poor repair is also located on the subject lands.
Surrounding land uses include low density residential uses consisting of single detached
dwellings, a medium density apartment development to the northwest, and Lake Lisgar waterpark
and Memorial Park to the 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, Applicants’ Sketch, depicts the proposed location and site design of the development.
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;
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Report No: CP 2020-304
COMMUNITY PLANNING
Council Date: November 16, 2020
Page 3 of 6
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.
Low density residential districts are those lands that are primarily developed or planned for a
variety of low-rise, low density housing forms including 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.
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".
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;
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Report No: CP 2020-304
COMMUNITY PLANNING
Council Date: November 16, 2020
Page 4 of 6
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.
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.
TOWN OF TILLSONBURG ZONING BY-LAW:
The subject property is currently zoned ‘Low Density Residential Type 1 Zone (R1)’, according to
the Town of Tillsonburg Zoning By-law. The R1 zone permits a single detached dwelling, home
occupation, and accessory uses thereto.
The applicant is proposing to rezone the subject property to ‘Special Low Density Residential
Type 3 Zone (R3-sp)’ to permit the residential conversion of the former commercial space within
the existing building. Special provisions are also sought to reduce the minimum lot area per
dwelling unit from 330 m2 (3,552 ft2) to 178 m2 (1916 ft2), and to recognize the existing lot frontage
and depth.
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Report No: CP 2020-304
COMMUNITY PLANNING
Council Date: November 16, 2020
Page 5 of 6
The existing building on the subject lands containing 2 dwelling units and a commercial space is
considered legal non-conforming with respect to the provisions of the R1 zone. The applicant
proposes to extend the legal non-conforming use to convert the existing commercial space to a
dwelling unit, bringing the total number of dwelling units to 3.
Provided that the existing storage building is removed, 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 5 parking
spaces for the 3 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.
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:
- Existing storage building on the property to the north is derelict and will have to be repaired
or removed. Owner has advised that they plan to remove this building which will allow for
parking.
- Provide the required parking – removal of the storage building noted above will allow the
site to be developed to provide the required parking.
- Provide updated survey.
- If approved, a change of use building permit will be required for the proposed residential
unit.
Oxford County Public Works Department indicated that they had no comments on the zoning by-
law amendment.
Town Development Commissioner indicated that they have no concerns with the proposed
rezoning. Converting the existing commercial unit to a residential unit is appropriate as it is more
in keeping with the adjacent residential area than the existing commercial unit. The applicant
should improve the exterior of the existing building to address long standing concerns of the
neighbourhood.
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, October 14, 2020
& November 2, 2020, in accordance with the requirements of the Planning Act.
Planning Analysis
The application for Zone Change proposes to rezone the lands to ‘Special Low Density
Residential Type 3 Zone (R3-sp)’ to facilitate the residential conversion of a former commercial
space within an existing building that currently contains 2 dwelling units. Special provisions are
also sought to permit a reduced lot area per dwelling unit, and to recognize the existing lot frontage
and lot depth.
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Report No: CP 2020-304
COMMUNITY PLANNING
Council Date: November 16, 2020
Page 6 of 6
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.
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 proposed conversion of the existing building formerly used for commercial purposes 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, will be compatible with surrounding residential
development, and will make use of the existing entrance for the former commercial space. The
overall impact of the 1 additional residential dwelling unit on surrounding transportation networks
is expected to be minimal. Required off-street parking will be provided once the derelict building
is removed, and adequate amenity space will be available onsite and is available in the vicinity
for the additional dwelling unit proposed.
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 legal non-conforming commercial space is
consistent with the PPS and maintains the general intent and purpose of the Official Plan.
An amending by-law will be brought forward once the necessary amending by-law schedules
have been prepared.
RECOMMENDATION
It is recommended that the Council of the Town of Tillsonburg approve-in-principle the
zone change application submitted by Dave Dyer & Amy Nadeau, whereby the lands
described Lot 574, Plan 500, in the Town of Tillsonburg known municipally as 1 Hardy
Avenue are to be rezoned from ‘Low Density Residential Type 1 Zone (R1)’ to ‘Special Low
Density Residential Type 3 Zone (R3-sp)’ to facilitate the development of a multiple unit
dwelling consisting of 3 dwelling units.
SIGNATURES
Authored by: Eric Gilbert, MCIP RPP
Senior Planner
Approved for submission: Gordon K. Hough, RPP
Director
Page 63 of 71
October 7, 2020
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable. This is not a plan of survey
Legend
510
Notes
NAD_1983_UTM_Zone_17N
26 Meters
Zoning Floodlines
Regulation Limit
100 Year Flood Line
30 Metre Setback
Conservation Authority
Regulation Limit
Regulatory Flood And Fill Lines
Land Use Zoning (Displays
1:16000 to 1:500)
Subject
Property
Plate 1- Existing Zoning and Location Map
File No. ZN 7-20-15 - Dyer & Nadeau
Lot 574, Plan 500- 1 Hardy Avenue, Town of Tillsonburg
Page 64 of 71
October 7, 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. ZN 7-20-15 - Dyer & Nadeau
Lot 574, Plan 500- 1 Hardy Avenue, Town of Tillsonburg
Subject
Property
Page 65 of 71
Plate 3- Applicants' Sketch
File No. ZN 7-20-15 - Dyer & Nadeau
Lot 574, Plan 500- 1 Hardy Avenue, Town of Tillsonburg
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THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2020-107
A BY-LAW to confirm the proceedings of Council at its meeting held on the 16th
day of November, 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 November 16, 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 16th DAY OF NOVEMBER, 2020.
READ A THIRD AND FINAL TIME AND PASSED THIS 16th DAY OF NOVEMBER,
2020.
________________________________
MAYOR – Stephen Molnar
_______________________________
TOWN CLERK – Michelle Smibert
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