210119 Planning Council Meeting AgendaThe Corporation of the Town of Tillsonburg
Council Planning Meeting
AGENDA
Tuesday, January 19, 2021
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 January 19, 2021.
3.Disclosures of Pecuniary Interest and the General Nature Thereof
4.Adoption of Council Planning Minutes of Previous Meeting
5.Public Meetings
5.1.Applications for Official Plan Amendment, Draft Plan of Subdivision and Zone
Change OP20-18-7, SB20-06-7 and ZN 7-20-16 (Southside Construction
Management Limited)
Proposed Resolution #2
Moved By: ________________
Seconded By: ________________
THAT Council approve in principle the zone change application (File No. ZN 7-20-16)
submitted by Southside Construction Management Inc., for lands legally described as
Lot 8, Concession 11 (Dereham) in the Town of Tillsonburg, to rezone the lands
Special Low Density Residential Type 2 Holding Zone, Special Medium Density
Residential Holding Zone, Passive Use Open Space Zone, to facilitate the proposed
draft plan of subdivision;
AND THAT Council advise County Council that the Town supports the application to
amend the County Official Plan (File No. OP 20-18-7), submitted by Southside
Construction Management Inc, for lands legally described as Lot 8, Concession 11
(Dereham), in the Town of Tillsonburg, to redesignate a portion of the subject lands
from ‘Medium Density Residential’ to ‘Low Density Residential’, to facilitate a
proposed cul de sac with 16 single detached dwellings;
AND FURTHER THAT Council advise County Council that the Town supports the
application for draft plan of subdivision, File No. SB 20-06-7, submitted by Southside
Construction Management Inc., for lands legally described as Lot 8, Concession 11
(Dereham), in the Town of Tillsonburg, consisting of 103 lots for single-detached
dwellings, two medium density residential blocks, a stormwater management block,
and a proposed parkland block served by 4 new local streets, subject to the
conditions of draft approval contained in report CP 2021-14.
5.2.Applications for Official Plan Amendment and Zone Change OP 20-13-7 and ZN 7-
20-14 (Escalade Property Corporation and 1822094 Ontario Inc.)
Proposed Resolution #3
Moved By: ________________
Seconded By: ________________
THAT Council support the application to amend the County Official Plan (File No. OP
20-13-7), submitted by 1822094 Ontario Inc & Escalade Property Corporation, for
lands legally described as Part of Lots 293, 341, 423-426, Lots 420-422, Plan 500, in
the Town of Tillsonburg, to redesignate the subject lands from ‘Service Commercial’
to ‘High Density Residential’, to facilitate the development of two 5-storey, 49 unit
apartment buildings on the said lands;
AND THAT Council approve in principle the zone change application (File No. ZN 7-
20-14) submitted by 1822094 Ontario Inc & Escalade Property Corporation, for lands
legally described Part of Lots 293, 341, 423-426, Lots 420-422, Plan 500, in the Town
of Tillsonburg, to rezone the lands from ‘Service Commercial Holding Zone (SC-H)’ to
‘Special High Density Residential Zone (RH-5)’ to facilitate the development of two 5-
storey, 49 unit apartment buildings on the subject lands.
5.3.Application for Zone Change ZN 7-20-17 (2563557 Ontario Inc)
Proposed Resolution #4
Moved By: ________________
Seconded By: ________________
THAT Council approve-in-principle the zone change application submitted by
2563557 Ontario Inc, whereby the lands described Blocks 21, 22, 23, 24, Plan M-
155, Daisy Court & Daffodil Avenue, in the Town of Tillsonburg known municipally as
361 Quarter Town Line are to be rezoned from ‘Low Density Residential Type 1A
Zone (R1A)’ & ‘ Medium Density Residential Zone (RM)’ to ‘Special Medium Density
Residential Zone (RM-7)’ & ‘Special Neighbourhood Commercial Zone (NC-6) to
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facilitate the development of a residential development consisting of 104 dwelling
units and a neighbourhood commercial block.
5.4.Application for Zone Change ZN 7-20-18 (S.S.A. Canada Inc) (Blunt and Cherry
Limited)
Proposed Resolution #5
Moved By: ________________
Seconded By: ________________
THAT Council not approve the zone change application submitted by S.S.A. Canada
Inc., whereby the lands described as Part Lot 31, Plan 1653, and Part 2 of 41R-9189,
Town of Tillsonburg, known municipally as 145 Simcoe Street are to be rezoned from
‘Service Commercial Zone (SC)’ to ‘Special Service Commercial Zone (SC-xx)’ to
permit a retail store as an additional permitted use on the subject lands as the
proposal does not maintain the intent and purpose of the Official Plan regarding
development in Service Commercial areas.
5.5.ZN 7-20-01 Town of Tillsonburg Housekeeping Amendment for Zoning By-Law No.
3295
Proposed Resolution #6
Moved By: ________________
Seconded By: ________________
THAT Council approve-in-principle the proposed Zoning By-law amendment (File ZN
7-20-01) to introduce “housekeeping” amendments to Town Zoning By-law No. 3295.
6.Planning Reports
7.New Business
8.Motions/Notice of Motions
Proposed Resolution #
Moved By: Councillor Parker
Seconded By: ________________
THAT the Transfer station be re-opened.
9.By-Laws
10.Confirm Proceedings By-law
Proposed Resolution #7
Moved By: ________________
Seconded By: ________________
THAT By-Law 2021-008, to Confirm the Proceedings of the Council Planning meeting held
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on January 19, 2021, 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 #8
Moved By: ________________
Seconded By: ________________
THAT the Council Planning meeting of January 19, 2021, be adjourned at ___ p.m.
Page 4 of 145
Report No: CP 2021-14
COMMUNITY PLANNING
Council Date: January 19, 2021
To: Mayor and Members of Tillsonburg Council
From: Eric Gilbert, Senior Planner, Community Planning
Applications for Official Plan Amendment, Draft Plan of
Subdivision & Zone Change
OP20-18-7, SB20-06-7 & ZN 7-20-16 – Southside Construction
Management Limited
REPORT HIGHLIGHTS
The purpose of the Official Plan amendment, Draft Plan of Subdivision and zone change
applications is to facilitate the creation of 103 lots for single detached dwellings, and 2
blocks for future medium density residential development, in a new residential plan of
subdivision.
A number of special zoning provisions are requested to permit reduced exterior side yard
widths for single detached dwellings and future medium density development.
The proposal is consistent with the relevant policies of the Provincial Policy Statement and
is in-keeping with the strategic initiatives and objectives of the Official Plan and can be
supported from a planning perspective.
DISCUSSION
Background
OWNER: Southside Construction Management Limited
75 Blackfriars Street, London ON N6H 1K8
AGENT: Casey Kulchycki MCIP RPP, Zelinka Priamo Limited
318 Wellington Road, London ON N6C 4P4
LOCATION:
The subject lands are described as Lot 11, Concession 8 (Dereham), in the Town of
Tillsonburg. The lands are located on the southwest corner of the intersection of North Street
West and Quarter Town Line, and are known municipally as 97 North Street West, Tillsonburg.
Page 5 of 145
Report No: CP 2021-14
COMMUNITY PLANNING
Council Date: January 19, 2021
Page 2 of 14
COUNTY OF OXFORD OFFICIAL PLAN:
Existing:
Schedule ‘T-1’ Town of Tillsonburg Residential
Land Use Plan
Schedule ‘T-2’ Town of Tillsonburg Medium & Low Density
Residential Density Plan Residential
Proposed:
Schedule ‘T-1’ Town of Tillsonburg Residential
Land Use Plan
Schedule ‘T-2’ Town of Tillsonburg Amended Medium & Low
Residential Density Plan Density Residential
TOWN OF TILLSONBURG ZONING BY-LAW 3295
Existing Zoning: Future Development Zone (FD)
Proposed Zoning: Special Low Density Residential Type 2 Holding Zone (R2-24 (H))
Special Medium Density Residential Holding Zone (RM-sp (H))
Passive Use Open Space Zone (OS1)
PROPOSAL:
The application for Official Plan Amendment proposes to redesignate a portion of the existing
Medium Density residential designation to Low Density Residential to facilitate a proposed cul-
de-sac with 16 single detached dwellings.
The application for Draft Plan of Subdivision will facilitate the creation of 103 lots for single-
detached dwellings, two medium density residential blocks, a stormwater management block, and
a proposed parkland block served by 4 new local streets in a new draft plan of subdivision.
The Zone Change application proposes to rezone the lands from ‘Future Development Zone (FD)’
to ‘Special Low Density Residential Type 2 Holding Zone (R2-24 (H))’, ‘Special Medium Density
Residential Holding Zone (RM-sp H)’, and ‘Passive Use Open Space Zone (OS1)’ to facilitate the
above noted Draft Plan of Subdivision.
Within the proposed zoning, the applicant intends to reduce the minimum required exterior side
yard width for lots abutting an arterial road (North Street & Quarter Town Line) from 7.5 m (24.6
ft) to 6 m (19.69 ft), and to reduce the minimum required exterior side yard width for lots abutting
local streets from 6 m (19.69 ft) to 3 m (9.8 ft). This relief has been requested for the R2 & RM
zones.
Page 6 of 145
Report No: CP 2021-14
COMMUNITY PLANNING
Council Date: January 19, 2021
Page 3 of 14
The applicant has provided the following studies in support of the applications:
Planning Justification Report, 97 North Street West, Revised November 2020, Zelinka
Priamo Ltd
Geotechnical Investigation & Hydrogeological Assessment, September 4, 2020, LDS
Consultants Inc
Preliminary Servicing Report, Westwinds Subdivison, September 2020, Development
Engineering Limited
Draft Plan of Subdivision, November 2, 2020, Development Engineering Limited
Stage 1 & 2 Archaeological Assessment, November 2005, Timmins Martelle Heritage
Consultants Inc
Stage 3 Archaeological Assessment, May 2006, Timmins Martelle Heritage Consultants
Inc
Stage 3 Boundary Investigation, May 2019, Timmins Martelle Heritage Consultants Inc
Stage 4 Archaeological Assessment, August 2006, Timmins Martelle Heritage
Consultants Inc
Burial Report, August 2020, Timmins Martelle Heritage Consultants Inc
Partial Stage 4 Mitigation, February 2020, Timmins Martelle Heritage Consultants Inc.
Traffic Impact Study, August 2020, Pardigm Transportation Solutions Limited
For Council’s information, a previous draft plan of subdivision was approved for these lands by
the Town and County in 2007, consisting of 94 lots for single detached dwellings and 8 blocks for
future medium density residential development, consisting of 213 units. The draft plan of
subdivision approval lapsed in 2012.
The subject lands comprise approximately 13.44 ha (33.21 ac) and are currently vacant, and in
agricultural production. Surrounding uses include the Tillsonburg Minor Soccer Park to the south,
existing low density residential uses to the north and east, and institutional uses to the east and
south. An abandoned railway ROW owned by the County of Oxford abuts the subject lands to
the north, and agricultural uses are to the west, within the Township of South-West Oxford. There
is a single detached dwelling fronting on North Street West that is surrounded by the subject
lands.
Plate 1, Location Map with Existing Zoning, indicates the location of the subject site and the
existing zoning in the immediate vicinity.
Plate 2, 2015 Aerial Map with Existing Zoning and Official Plan Designation, provides an aerial
view of the subject property and surrounding area and depicts the extent of the current Official
Plan designations.
Plate 3, Proposed Draft Plan of Subdivision, provides the layout of the proposed draft plan of
subdivision.
Application Review
2020 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.
Page 7 of 145
Report No: CP 2021-14
COMMUNITY PLANNING
Council Date: January 19, 2021
Page 4 of 14
The policies of Section 1.1 state that healthy, liveable and safe communities are sustained by
accommodating an appropriate range and mix of residential uses, including an appropriate
affordable and market-based range, to meet long-term needs. 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. Within settlement areas, sufficient land shall be made
available through intensification and redevelopment.
Section 1.1.3 states that settlement areas shall be the focus of growth and development, and their
vitality and regeneration shall be promoted. Land use patterns within settlement areas shall be
based on densities and a mix of land uses which efficiently use land, resources, infrastructure
and public service facilities.
Section 1.1.3.3 further states that planning authorities shall identify appropriate locations and
promote opportunities for intensification and redevelopment where it 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.
Section 1.4.3 directs that planning authorities shall provide for an appropriate range 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;
directing the development of new housing towards locations where appropriate levels of
infrastructure and public service facilities are or will be available;
promoting densities for new housing which efficiently use land, resources, infrastructure and
public service facilities and support the use of active transportation;
requiring transit-supportive development and prioritizing intensification, including potential
air rights development, in proximity to transit, including corridors and stations; and
establishing development standards for residential intensification, redevelopment and new
residential development which minimize the cost of housing and facilitate compact form,
while maintaining appropriate levels of public health and safety.
Section 1.6.6.2 also states that intensification and redevelopment within settlement areas on
existing municipal sewage and water services should be promoted, wherever feasible.
Section 2.6.2 of the PPS provides that development and site alteration shall not be permitted on
lands containing archaeological resources or areas of archaeological potential unless significant
archaeological resources have been conserved.
OFFICIAL PLAN
The subject lands are designated ‘Low Density Residential & Medium Density Residential’,
according to the Town of Tillsonburg Land Use Plan & Residential Density Plan. 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.
Page 8 of 145
Report No: CP 2021-14
COMMUNITY PLANNING
Council Date: January 19, 2021
Page 5 of 14
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 maximum net residential density in the Low Density Residential Designation is 30 units / ha
(12 units/ac) and the minimum net residential density is 15 units / ha (6 units/ac). The Low Density
Residential development proposed has a net residential density of 15.1 units / ha (6.1 units/ ac).
Medium Density Residential areas are those lands that are primarily developed or planned for low
profile multiple unit development that exceed densities established in Low Density Residential
Districts. Residential uses within Medium Density Residential areas include townhouses, cluster
houses, converted dwellings, and apartment buildings.
The maximum net residential density in the Medium Density Residential Districts is 62 units per
hectare (25 units/acre) and no building shall exceed four storeys in height at street elevation.
All proposals for medium density residential development shall be subject to site plan approval.
When considering any specific proposal for medium density residential development, Town
Council will be satisfied that the criteria of Section 8.2.5 are adequately addressed.
The policies of Section 10.3.3 (Plans of Subdivision and Condominium) provide that County and
Town Council will evaluate applications for a plan of subdivision on the basis of the requirements
of the Planning Act, as well as criteria including, but not limited to, the following:
Conformity with the Official Plan;
The availability of community services such as roads, water, storm and sanitary sewers,
waste disposal, recyclable collection, public utilities, fire and police protection, parks,
schools and other community facilities;
The accommodation of Environmental Resources and the mitigation of environmental and
human-made constraints;
The reduction of any negative effects on surrounding land uses, transportation networks
or significant natural features;
The design of the plan can be integrated into adjacent developments, and;
The design of the plan is to be compatible with the natural features and topography of the
site, and proposals for extensive cut and fill will be discouraged.
As a condition of draft plan approval, County Council will require an applicant to satisfy conditions
prior to final approval and registration of the plan. The applicant will be required to meet the
conditions of the draft approval within the specified time period, failing which, draft plan approval
may lapse. Additionally, to provide for the fulfillment of these conditions, and for the installation
of services according to municipal standards, County Council shall require the applicant to enter
into a subdivision agreement with the area municipality and, where necessary, the County, prior
to final approval of the plan.
Section 8.6.2.3 of the Official Plan provides that Town Council will acquire lands for use as
parkland or leisure through conditions of draft approval of plan of subdivision. Land conveyed to
the Town as part of the required parkland dedication will be expected to meet minimum standards
for drainage, grading, landscaping, fencing and shape in accordance with the intended function
and will be located in appropriate locations.
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Report No: CP 2021-14
COMMUNITY PLANNING
Council Date: January 19, 2021
Page 6 of 14
ZONING BY-LAW
The subject lands are currently zoned ‘Future Development Zone (FD)’ according to the Town’s
Zoning By-law. The ‘Future Development Zone (FD)’ permits a farm, existing buildings and
structures, and a seasonal fruit and vegetable outlet. The application for zone change proposes
to rezone the subject lands to ‘Special Low Density Residential Type 2 Zone (R2-sp)’. ‘Special
Medium Density Residential Zone (RM-sp)’ & ‘Passive Use Open Space Zone (OS1)’.
The applicant is proposing to rezone the proposed single detached dwelling lots to ‘Special Low
Density Residential Type 2 (R2-sp)’ to reduce the minimum required exterior side yard width for
lots abutting an arterial road (North Street) from 7.5 m (24.6 ft) to 6 m (19.69 ft), and to reduce
the minimum required exterior side yard width for lots abutting local streets from 6 m (19.69 ft) to
3 m (9.8 ft).
For a single detached dwelling, the ‘R2’ zone requires a minimum lot area of 315 m2 (3,390.7 ft2)
for an interior lot and 450 m2 (4,843.9 ft2) for a corner lot, a frontage of 10.5 m (34.4 ft) for an
interior lot and 15 m (49.2 ft) for a corner lot, a minimum lot depth of 30 m (98.4 ft), front yard
depth of 6 m (19.7 ft), rear yard depth of 7.5 m (24.6 ft), interior side yard width of 1.2 m (3.9 ft),
exterior side yard width of 6.0 m (19.7 ft), setback of 20.5 m (67.3 ft) from the centreline of an
arterial road, landscaped open space area of 30% and maximum lot coverage of 40%.
The proposed ‘Special Medium Density Residential Zone (RM-sp)’ would provide for a reduced
exterior side yard for lots abutting an arterial road (North Street) from 7.5 m (24.6 ft) to 6 m (19.69
ft), and to reduce the minimum required exterior side yard width for lots abutting local streets from
6 m (19.69 ft) to 3 m (9.8 ft).
Permitted uses within the ‘Passive Use Open Space Zone (OS1)’ include a passive use park,
conservation project, or a public use including stormwater management facility.
It is recommended that Holding Provisions be utilized as has been standard practice in the Town
for draft plans of subdivision, to ensure that all appropriate development agreements are in place
prior to the issuance of any building permits.
AGENCY COMMENTS
The applications were reviewed by a number of public agencies. The following comments were
received.
Town of Tillsonburg Building & By-Law Services provided the following comments:
Provide 5‘ chain link fencing as per the Town’s Pool Enclosure By-Law around Blocks 203
& 204.
Provide 6’ board fence on the east side of Lot 69, west side of Lot 68 and south property
line of 93 North Street W - consult with 93 North St W.
In order to prevent sight line issues for Lot 68 and 69 from the proposed board fencing
noted above, driveways must be designed on the west side of the lot for Lot 69 and on the
east side of the lot for Lot 68.
Provide landscape design for fencing and vegetation buffer along North Street West.
Page 10 of 145
Report No: CP 2021-14
COMMUNITY PLANNING
Council Date: January 19, 2021
Page 7 of 14
The Town of Tillsonburg Engineering Services Department provided the following comments:
All storm sewers shall be designed to convey the 5 year storm.
Sidewalks will be required on the west, south, and east side of Street A, west, north and
east side of Street B, and along North Street West.
The subject property contains the Bradburn Municipal Drain that traverses the property.
This municipal drain will need to be abandoned and relocated at the developer’s cost; all
flows are required to be conveyed through new storm sewers.
All side yards abutting streets need to follow Town and County standards for daylight
triangles.
If approved, please include the following as conditions of draft plan approval:
a. The Owner agrees to install fencing if required by the Town.
b. The section of the Bradburn Municipal Drain that transverses the property shall be
abandoned, to the satisfaction of the Town. All pre-existing flows will be required to
be conveyed through the property via storm sewers at the Owner’s expense.
c. The Owner agrees to satisfy all requirements, financial and otherwise, of the Town
regarding the construction of roads, installation of services, including water, sewer,
electrical distribution systems, street lights, sidewalks, and drainage facilities and
other matters pertaining to the development of the subdivision in accordance with
Town standards.
d. Road allowances included in the draft plan of subdivision shall be dedicated to the
Town as public highway to the satisfaction of the Town.
e. The streets included on the draft plan of subdivision shall be named to the satisfaction
of the Town.
f. The subdivision agreement shall contain provisions indicating that prior to grading and
issuance of building permits, a grading plan, servicing plan, hydro and street lighting
plan, and erosion and siltation control plan, along with reports as required, be
reviewed and approved by the Town, and further, the subdivision agreement shall
include provisions for the owner to carry out or cause to be carried out any necessary
works in accordance with the approved plans and reports.
g. Such easements as may be required for utility or drainage purposes outside of the
proposed public right-of-way shall be granted to the appropriate authority.
The Town of Tillsonburg Parks Department provided the following comments:
Due to the presence of significant archaeological resources within the proposed ‘Park Block’, RCP
staff can advise that the Town will not accept ownership nor responsibility for the proposed park
block. The Owner/ Developer will be responsible for keeping those lands in a tidy condition and
in conformity with the Town’s Property Standards & Clean Yard By-Law.
The Developer shall retain, at their cost, a Certified Landscape Architect to work jointly
with the Town to develop a plan for the Subdivision.
Develop an overall Landscaping Plan depicting One (1) tree per lot, in accordance with
Tillsonburg’s Design Guidelines. Tree Species to satisfaction of the Town.
Chainlink Fencing between Lots 21 to 226 and Lot 39 adjacent to Stormwater
Management Block 203
Chainlink Fencing between Lot 39 adjacent to Stormwater Management Block 203
Chainlink Fencing and Gating of Block 202 Pathway Link between Lots 38 and 39
2.0 metre Paved Asphalt Pathway on Block 202 to provide for maintenance access
Road widening on Quarter Town Line as depicted as Block 206 is required.
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Report No: CP 2021-14
COMMUNITY PLANNING
Council Date: January 19, 2021
Page 8 of 14
The Town of Tillsonburg Fire and Rescue Services Department indicated that they had no
concerns with the proposal.
The County Public Works Department requested that the following conditions be included:
- The Owner agrees in writing that a 0.3 meter (1 foot) reserve along the Oxford Road
20 (North Street) frontage of the subject lands will be conveyed to the County of
Oxford, free of all costs and encumbrances, to the satisfaction of Oxford County Public
Works
- Access to the proposed medium density block will be limited to the future Street(s) A
or C. The ultimate location of the access will be subject to review and approval by
Oxford County Public Works and Town at time of Site Plan Application
- The Owner shall agree to prepare, and submit for the approval of Oxford County Public
Works, detailed servicing plans designed in accordance with Oxford County Design
Guidelines
- The subdivision agreement shall make provision for the assumption and operation by
the County of Oxford of the water and sewage system within the draft plan subject to
the approval of the County of Oxford Department of Public Works
- Prior to the final approval of the subdivision plan, the Owner shall receive confirmation
from the County of Oxford Department of Public Works that there is sufficient capacity
in the Tillsonburg water and sanitary sewer systems to service the plan of subdivision
- The Owner agrees to provide such easements as may be required for utility or
drainage purposes outside of the proposed public right-of-ways shall be granted to the
appropriate authority
- The Owner agrees in writing to satisfy all the requirements, financial and otherwise,
including payment of applicable development charges, of the County of Oxford
regarding the installation of the water distribution system, the installation of the sanitary
sewer system, and other matters pertaining to the development of the subdivision.
- Based on geotechnical findings, it appears that a Permit to Take Water will be required.
Related design/construction measures shall be undertaken in accordance with
requirements for high groundwater tables/Oxford County Specifications.
The Long Point Region Conservation Authority provided the following comments:
Long Point Region Conservation Authority staff have reviewed the documents submitted in
support of the Official Plan Amendment, Draft Plan of Subdivision Approval, and Zoning By-Law
Amendment affecting Westwinds Subdivision [as outlined previously in this report].
Conservation Authorities have been delegated responsibilities from the Minister of Natural
Resources and Forestry to represent the provincial interests regarding natural hazards
encompassed by Section 3.1 of the Provincial Policy Statement, 2020 (PPS). The overall intent
of Section 3.0 - Protecting Public Health and Safety of the PPS is to reduce the potential public
cost or risk to Ontario’s residents from natural or human-made hazards.
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Report No: CP 2021-14
COMMUNITY PLANNING
Council Date: January 19, 2021
Page 9 of 14
The subject lands are not subject to any natural hazards and LPRCA can advise that the proposed
development is consistent with section 3.1 of the Provincial Policy Statement, 2020. The LPRCA
has no objection to the concept of site development.
General Comments:
1. The Preliminary Servicing Report states that storm sewers will be sized to a 2-year design
storm. The Town of Tillsonburg design standards require storm sewers to be sized to a 5-
year storm.
2. The Preliminary Servicing Report states that a ‘normal’ or 70% TSS removal is the water
quality target. LPRCA staff suggest that the water quality targets should be to an
‘enhanced’ or 80% TSS removal at this development as it is located within a cold-water
system.
Ontario Regulation 178/06
The subject lands are not located within any portion of the Regulated Area outlined in Ontario
Regulation 178/06 and permission from the Long Point Region Conservation Authority prior to
any on-site development is not required.
Union Gas requested that the Owner/developer provide the necessary easements and/or
agreements required by Union Gas as a condition of draft approval.
The Town Development Commissioner indicated that they are supportive of this proposed plan
of subdivision, which help meet increased market demand for housing and will result in increased
residential growth for the community. The inclusion of some medium density blocks instead of
being comprised of entirely low density housing is appreciated, but I would recommend that based
on market demand/need, that there be at least one block of high density zoning that could
accommodate an apartment building or similar higher density housing option.
The Tillsonburg District Chamber of Commerce indicated that they suggest further traffic impact
studies are done in the area as the study was done in July 2020 when school is out and people
are vacationing, and due to the pandemic, traffic was likely lighter than normal.
PUBLIC CONSULTATION
Notice of complete application was provided to surrounding neighbours on November 12, 2020,
and notice of public meeting was sent on January 5, 2021 in accordance with the requirements
of the Planning Act. At the time of writing this report, no comments or concerns had been received
from the public.
Planning Analysis
The subject applications for Official Plan amendment, draft plan of subdivision approval and zone
change propose to create 103 lots for single detached dwellings, 2 blocks for future medium
density residential development, one block containing archeological resources, one stormwater
management block served by 4 new local streets to facilitate the development of a residential
plan of subdivision in the Town of Tillsonburg.
It is the opinion of staff that the proposed amendments are consistent with the relevant policies of
the PPS as the proposed development is compact, cost-effective, and an efficient land use pattern
that minimizes land consumption and servicing costs.
Page 13 of 145
Report No: CP 2021-14
COMMUNITY PLANNING
Council Date: January 19, 2021
Page 10 of 14
The proposed development also contributes to an overall mix of housing types to accommodate
current and future residents of the regional market area. The applicant has also provided
archaeological studies to demonstrate that the proposed residential development will not impact
any significant archaeological resources that have been identified on the site.
The applicant proposes to re-designate a portion of the site (representing draft lots 26-47 and
Street D) from ‘Medium Density Residential’ to ‘Low Density Residential’. With respect to the
supply and demand for residential land, the Phase One Comprehensive Review completed by
Hemson Consulting Limited (March 2020) indicates that over the 20 year planning period from
2019-2039 the Town of Tillsonburg is expected to have a potential surplus of 66 ha of vacant
residential land, representing an estimated 1462 residential units. Given this, Planning staff are
satisfied that the proposed re-designation is appropriate and there is sufficient supply remaining
within the Town for future demand for Medium Density residential development.
With regard to the policies of Section 10.3 of the Official Plan (Plans of Subdivision and
Condominium) which require the developer to address a series of standard review criteria
concerning the adequacy of servicing, environmental impacts, cultural resources, transportation
networks and integration with surrounding developments, staff note that the required studies and
reports have been received and reviewed through this Office and the recommendations of these
reports can be satisfactorily addressed through the inclusion of appropriate conditions of draft
approval.
The proposal is in keeping with the Plan of Subdivision policies of Section 10.3.3, and the policies
of the Low Density Residential designation. The proposed draft plan has a net residential density
of 15.1 units / ha (6.1 units/ac), in keeping with the density target, being 15 to 30 units per hectare.
The proposed street layout and sidewalk and pedestrian connections will provide appropriate
linkages to the Trans Canada Trail on Quarter Town Line and other components of the Town’s
active transportation network.
The future development of the medium density blocks will be subject to site plan control, whereby
issues such as access, building location, drainage, grading, landscaping, and parking
requirements will be required to be addressed to the satisfaction of the Town & County. The
provisions of the Medium Density Residential zone also include a maximum lot area per dwelling
unit to ensure that the density targets of the Medium Density Residential designation are met.
Through the circulation process, comments were provided by Town staff respecting the proposed
parkland block, indicating that due to the presence of significant archaeological resources within
the proposed parkland block, and the uncertainty whether active recreational uses or future
playground or recreational equipment can be constructed on the lands, that Town staff
recommend that this parcel remain in the ownership of the applicant. Planning staff note that
there is no obligation for the Town to accept these lands and the required parkland dedication for
this development was previously provided through the Tillsonburg Minor Soccer Club lands, and
no parkland dedication is required for the development proposed on the subject property.
Staff are satisfied that the requested zoning provisions to provide for reduced exterior side yard
widths for corner lots within the development are generally appropriate. Town Engineering staff
have indicated that adequate space remains for daylighting triangles to ensure that there are no
impacts to sightlines or traffic movements. Additionally, no relief has been requested of the
required 20.5 m (67.3 ft) setback from the centreline of North Street West and Quarter Town Line,
which are arterial roads and as such minimal impact to these arterial roads is expected.
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Report No: CP 2021-14
COMMUNITY PLANNING
Council Date: January 19, 2021
Page 11 of 14
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 of the Official Plan. As such, Staff are satisfied that the applications can be given
favourable consideration.
The previously noted agency comments have been addressed in the recommended conditions of
draft approval, where appropriate, and are provided for Council’s consideration.
RECOMMENDATIONS
1. The Council of the Town of Tillsonburg approve in principle the zone change
application (File No. ZN 7-20-16) submitted by Southside Construction Management
Inc., for lands legally described as Lot 8, Concession 11 (Dereham) in the Town of
Tillsonburg, to rezone the lands Special Low Density Residential Type 2 Holding
Zone, Special Medium Density Residential Holding Zone, Passive Use Open Space
Zone, to facilitate the proposed draft plan of subdivision;
2. That the Council of the Town of Tillsonburg advise County Council that the Town
supports the application to amend the County Official Plan (File No. OP 20-18-7),
submitted by Southside Construction Management Inc, for lands legally described
as Lot 8, Concession 11 (Dereham), in the Town of Tillsonburg, to redesignate a
portion of the subject lands from ‘Medium Density Residential’ to ‘Low Density
Residential’, to facilitate a proposed cul de sac with 16 single detached dwellings;
3. And further, the Council of the Town of Tillsonburg advise County Council that the
Town supports the application for draft plan of subdivision, File No. SB 20-06-7,
submitted by Southside Construction Management Inc., for lands legally described
as Lot 8, Concession 11 (Dereham), in the Town of Tillsonburg, consisting of 103
lots for single-detached dwellings, two medium density residential blocks, a
stormwater management block, and a proposed parkland block served by 4 new
local streets, subject to the following conditions of draft approval:
1. This approval applies to the draft plan of subdivision submitted by Southside Construction
Management Inc. (SB 20-06-7) and prepared by Development Engineering (London)
Limited, as shown on Plate 3 of Report No. CP 2021-14 and comprising Lot 8, Concession
11 (Dereham), in the Town of Tillsonburg, showing 103 lots for single-detached dwellings,
two medium density residential blocks, a stormwater management block, and a proposed
parkland block served by 4 new local streets, subject to the following modification:
a. A 0.3 m reserve block be included for lots abutting North Street West.
2. The Owner shall enter into a subdivision agreement with the Town of Tillsonburg and
County of Oxford.
3. The Owner agrees in writing, to install fencing as may be required by the Town, to the
satisfaction of the Town of Tillsonburg.
4. The Owner agrees in writing, to satisfy all requirements, financial and otherwise, of the Town
regarding construction of roads, installation of services, including water, sewer, electrical
distribution systems, sidewalks, street lights, and drainage facilities and other matters
Page 15 of 145
Report No: CP 2021-14
COMMUNITY PLANNING
Council Date: January 19, 2021
Page 12 of 14
pertaining to the development of the subdivision in accordance with the standards of the
Town, to the satisfaction of the Town of Tillsonburg.
5. The road allowances included in the draft plan of subdivision shall be dedicated as public
highways, to the satisfaction of the Town of Tillsonburg.
6. The streets included in the draft plan of subdivision shall be named, to the satisfaction of
the Town of Tillsonburg.
7. The subdivision agreement shall contain provisions indicating that prior to grading and
issuance of building permits, a grading plan, servicing plan, hydro and street lighting plan,
and erosion and siltation control plan, along with reports as required, be reviewed and
approved by the Town, and further, the subdivision agreement shall include provisions for
the owner to carry out or cause to be carried out any necessary works in accordance with
the approved plans an reports, to the satisfaction of the Town of Tillsonburg.
8. The subdivision agreement shall contain provisions requiring the Owner provide an overall
Landscaping Plan depicting at least one (1) tree per lot, in accordance with Tillsonburg’s
Design Guidelines. The Town shall approve the species of tree to be planted.
9. The subdivision agreement shall contain provisions requiring the Owner to implement all
recommendations and mitigation measures from the Archaeological Investigation Report
prepared by Timmins Martelle Heritage Consultants.
10. The Owner shall retain a Landscape Architect to prepare a landscape plan for the plan of
subdivision, to the satisfaction of the Town of Tillsonburg.
11. Prior to the approval of the final plan by the County, the section of the Bradburn Municipal
Drain that transverses the property shall be abandoned or relocated, to the satisfaction of
the Town of Tillsonburg.
12. Prior to the approval of the final plan by the County, all lots/blocks shall conform to the
zoning requirements of the Town’s Zoning By-law. Certification of lot areas, frontages, and
depths shall be provided to the Town by an Ontario Land Surveyor retained by the Owner,
to the satisfaction of the Town of Tillsonburg.
13. Prior to the approval of the final plan by the County, the Owner shall agree in writing that all
phasing of the plan of subdivision will be to the satisfaction of the Town of Tillsonburg and
County of Oxford.
14. Prior to the approval of the final plan by the County, such easements as may be required
for utility and drainage purposes shall be granted to the appropriate authority, to the
satisfaction of the Town of Tillsonburg and County of Oxford Public Works.
15. The Owner agrees in writing, to satisfy all the requirements, financial and otherwise,
including payment of applicable development charges, of the County of Oxford regarding
the installation of the water distribution system, the installation of the sanitary sewer system,
and other matters pertaining to the development of the subdivision, to the satisfaction of
County of Oxford Public Works.
16. The subdivision agreement shall make provision for the assumption and operation of the
water and sewage system within the draft plan of subdivision by the County of Oxford, to
the satisfaction of County of Oxford Public Works.
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Report No: CP 2021-14
COMMUNITY PLANNING
Council Date: January 19, 2021
Page 13 of 14
17. The Owner agrees in writing, to prepare and submit for approval from County of Oxford
Public Works, detailed servicing plans designed in accordance with the County Design
Guidelines, to the satisfaction of County of Oxford Public Works.
18. Prior to the approval of the final plan by the County, the Owner shall receive confirmation
from County of Oxford Public Works that there is sufficient capacity in the Tillsonburg water
and sanitary sewer systems to service the plan of subdivision, to the satisfaction of County
of Oxford Public Works.
19. The Owner agrees in writing, that a 0.3 m (1 ft) reserve along North Street West shall be
conveyed to the County as required, free of all costs and encumbrances, to the satisfaction
of County of Oxford Public Works.
20. The Owner agrees in writing, that a road widening along North Street West shall be
conveyed to the County as required, to provide a 15 m (49.2 ft) right-of-way from the
centerline of the Road, free of all costs and encumbrances, to the satisfaction of County of
Oxford Public Works.
21. The Owner agrees in writing, that 3 m (9.8 ft) x 3 m (9.8 ft) daylighting triangles along North
Street West shall be conveyed to the County as required for lots abutting Streets ‘A’ & ‘D’,
free of all costs and encumbrances, to the satisfaction of County of Oxford Public Works.
22. The Owner agrees in writing, to install fencing for lots adjacent to the North Street Road
allowance as may be required by the County, to the satisfaction of the County.
23. The Owner agrees in writing, to the satisfaction of the County, through t he subdivision
agreement, to ensure that all agreements of purchase and sale for lots abutting North Street
West shall have appropriate disclosure and warning clauses to inform future owners and
residents and the outdoor amenity areas for lots abutting North Street West may experience
noise levels that exceed the Ministry of Environment, Conservation and Park’s NPC-300
Noise Guidelines.
24. Prior to the approval of the final plan by the County, the Owner shall agree in writing to
satisfy the requirements of Canada Post Corporation with respect to advising prospective
purchasers of the method of mail delivery; the location of temporary Centralized Mail Box
locations during construction; and the provision of public information regarding the proposed
locations of permanent Centralized Mail Box locations, to the satisfaction of Canada Post.
25. Prior to the approval of the final plan by the County, the Owner shall agree in writing, to
satisfy the requirements of Union Gas that the Owner/developer provide Union Gas Limited
with the necessary easements and/or agreements required for the provisions of gas
services, to the satisfaction of Union Gas Limited.
26. Prior to the approval of the final plan by the County, the Owner shall secure clearance from
the Long Point Region Conservation Authority (LPRCA), indicating that final lot grading
plans, soil conservation plan, and stormwater management plans have been completed to
their satisfaction.
27. Prior to the approval of the final plan by the County, the County of Oxford shall be advised
by the Town of Tillsonburg that Conditions 2 to 14 (inclusive), have been met to the
satisfaction of the Town. The clearance letter shall include a brief statement for each
condition detailing how each has been satisfied.
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Report No: CP 2021-14
COMMUNITY PLANNING
Council Date: January 19, 2021
Page 14 of 14
28. Prior to the approval of the final plan by the County, the Owner shall secure clearance from
the County of Oxford Public Works Department that Conditions 14 to 22 (inclusive), have
been met to the satisfaction of County Public Works. The clearance letter shall include a
brief statement for each condition detailing how each has been satisfied.
29. Prior to the approval of the final plan by the County, the County of Oxford shall be advised
by Canada Post Corporation that Condition 24 has been met to the satisfaction of Canada
Post. The clearance letter shall include a brief statement detailing how this condition has
been satisfied.
30. Prior to the approval of the final plan by the County, the County of Oxford shall be advised
by Union Gas that Condition 25 has been met to the satisfaction of Union Gas.
The clearance letter shall include a brief statement detailing how this condition has been
satisfied.
31. Prior to the approval of the final plan by the County, the County of Oxford shall be advised
by LPRCA that Condition 26 has been met to the satisfaction of LPRCA. The clearance
letter shall include a brief statement detailing how this condition has been satisfied.
32. Prior to the approval of the final plan by the County, the Owner shall provide a list of all
conditions of draft approval with a brief statement detailing how each condition has been
satisfied, including required supporting documentation from the relevant authority, to the
satisfaction of the County of Oxford.
33. This plan of subdivision shall be registered within three (3) years of the granting of draft
approval, after which time this draft approval shall lapse unless an extension is authorized
by the County of Oxford.
SIGNATURES
Authored by: Eric Gilbert, MCIP, RPP
Senior Planner
Approved for submission: Gordon K. Hough, RPP
Director
Page 18 of 145
October 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
2050
Notes
NAD_1983_UTM_Zone_17N
102 Meters
Zoning Floodlines
Regulation Limit
100 Year Flood Line
30 Metre Setback
Conservation Authority
Regulation Limit
Regulatory Flood And Fill Lines
Land Use Zoning (Displays
1:16000 to 1:500)
Quarter
Town Line
Lands
within the
Township
of South-
West
Oxford
Tillsonburg
Minor
Soccer
Club
Subject
Lands
Plate 1- Location Map with Existing Zoning
File Nos. OP 20-18-7; SB 20-06-7 & ZN 7-20-16- Southside Construction Management (London) Ltd
Lot 8, Concession 11 (Dereham)- 97 North Street West, Tillsonburg
Page 19 of 145
October 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
2050
Notes
NAD_1983_UTM_Zone_17N
102 Meters
Zoning Floodlines
Regulation Limit
100 Year Flood Line
30 Metre Setback
Conservation Authority
Regulation Limit
Regulatory Flood And Fill Lines
Land Use Zoning (Displays
1:16000 to 1:500)
Residential Density
Low Density Residential
Medium Density Residential
High Density Residential
Residential Reserve
Heritage Residential
Mobile Home Park
Plate 2- 2015 Aerial Map with Existing Zoning and Official Plan Designation
File Nos. OP 20-18-7; SB 20-06-7 & ZN 7-20-16- Southside Construction Management (London) Ltd
Lot 8, Concession 11 (Dereham)- 97 North Street West, Tillsonburg
Subject
Lands
Lands
within the
Township
of South-
West
Oxford
Tillsonburg
Minor
Soccer
Club
Page 20 of 145
Planning Justification Report
97 North Street West
Tillsonburg, County of Oxford
Southside Construction Management Limited
August 2020
Revised October 2020
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Planning Justification Report August 2020
97 North Street West, Tillsonburg
Southside Construction Management Limited
Zelinka Priamo Ltd. Page ii
TABLE OF CONTENTS
1.0 INTRODUCTION ....................................................................................... 1
1.1 Introduction .................................................................................................................... 1
1.2 Description of Subject Lands ........................................................................................ 1
1.3 Surrounding Land Uses/Existing Conditions ................................................................. 2
1.4 Proposed Development ................................................................................................ 3
1.5 Oxford County Official Plan .......................................................................................... 3
1.6 Town of Tillsonburg Zoning By-law ................................................................................ 6
2.0 PROPOSED APPLICATIONS ..................................................................... 7
2.1 Official Plan Amendment ............................................................................................. 7
2.2 Zoning By-law Amendment .......................................................................................... 7
2.3 Plan of Subdivision ......................................................................................................... 8
3.0 PLANNING ANALYSIS ............................................................................. 9
3.1 Planning Act, RSO 1990 ................................................................................................. 9
3.2 Provincial Policy Statement 2020 ............................................................................... 12
3.3 Oxford County Official Plan ........................................................................................ 14
3.3.1 Low Density Residential Policies ......................................................................... 15
3.3.2 Medium Density Residential Policies ................................................................. 16
3.4 Town of Tillsonburg Zoning By-law .............................................................................. 17
4.0 SUMMARY ............................................................................................. 17
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1.0 INTRODUCTION
1.1 INTRODUCTION
Zelinka Priamo Ltd. has prepared the following land use planning analysis in order to
evaluate a proposed residential plan of subdivision, by way of amendments to the Oxford
County Official Plan, and Town of Tillsonburg Zoning By-law. This report reviews the
proposal within the context of the Provincial Policy Statement, the Oxford County Official
Plan, and the Town of Tillsonburg Zoning By-law, as well as sound planning practice.
1.2 DESCRIPTION OF SUBJECT LANDS
Figure 1: Subject Lands
The subject lands are located within the northwest area of the Tillsonburg settlement area.
The subject lands are generally rectangular in shape and have a site area of
approximately 13.44 hectares (33.21 acres), and have frontage along North Street West of
approximately 485.0m (1,590 ft) and along Quarter Town Line of 246.0m (807 ft)(Figure 1).
The subject lands are bounded by the former Canadian National Railway along the south
property line. The physical rail line no longer exists, and the lands are used as an informal
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walking trail. The rail corridor is still under CN ownership. They are legally described as part
of Lot 8, Concession 11, formerly Township of Dereham, now the Municipality of the Town
of Tillsonburg.
The subject lands are currently vacant of structures and used for agricultural purposes
(cash crop). They are generally flat in topography with no existing natural vegetation. The
subject lands surround a single detached dwelling that fronts onto North Street West; this
is a separate property and does not makeup part of the subject lands nor subject to the
proposed applications.
1.3 SURROUNDING LAND USES/EXISTING CONDITIONS
Figure 2: Subject Lands and Surrounding Area
The subject lands are within a designated urban area of the Town of Tillsonburg and are
at the edge of the existing urban fabric. The surrounding land uses include agriculture to
the west, low density residential to the north, east, and parkland and low density residential
to the south (Figure 2). Single institutional uses (place of worship, and schools) are
interspersed through the low density residential areas surrounding the subject lands. The
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larger area surrounding the subject lands is primarily agricultural to the west, and low
density residential to the north, east, and south. There are limited commercial uses along
Broadway (Highway 19) further east of the subject lands.
1.4 PROPOSED DEVELOPMENT
The proposal for the subject lands is to create 103 single detached lots, with two multi-
family blocks, one parkland block, a stormwater management block, and two road
widening dedications. The proposed multi-family blocks are proposed to address the North
Street West and Quarter Town Line intersection and front along the Quarter Town Line
streetscape. The proposed parkland and stormwater management blocks are proposed
along the former rail corridor and will provide the potential to tie into a large parkland
system along the corridor and the existing parkland on the south side of the rail corridor
(Tillsonburg Soccer).
The proposed road network consists of two access to North Street West opposite existing
road connection on the north side (Woodland Crescent, and Brad Avenue). A single
access is proposed to Quarter Town Line opposite the existing Park Place connection. A
new local road, Street ‘B’, creates a crescent internal to the subject lands, and a new cul-
du-sac rounds out the proposed local road system. No private driveway connections are
proposed to either North Street West or Quarter Town Line. The proposed multi-family
blocks will be accessed from the internal road network, and the proposed single detached
lots will be back lotted onto North Street West where applicable.
The lands are proposed to be zoned using similar residential zones and regulations as the
lands to the north of the subject lands. Some special provisions for a reduce exterior side
yard setback are proposed as well. The multi-family block will be zoned consistent with
similar developments in the Town of Tillsonburg, and a similar reduction to exterior side yard
setbacks as the single detached lots. The parkland block, and stormwater management
block will be zoned accordingly based on similar uses to the south of the subject lands.
Please see the ‘Zoning By-law Application’ section of this report for additional information
on the proposed zoning.
1.5 OXFORD COUNTY OFFICIAL PLAN
Under the current County of Oxford Official Plan the subject lands are designated
“Residential”, on Land Use Schedule T-1 “Town of Tillsonburg Land Use Plan” (Figure 3).
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Surrounding land uses are ‘Residential’ to the north, east, and south. The lands to the west
are outside of the Town of Tillsonburg settlement boundary, and are designated as
‘Agricultural Reserve’ on Land Use Schedule S-1 “Township of South West Oxford Land Use
Plan”.
Figure 3: Town of Tillsonburg - Official Plan Land Use
Schedule T-2 of the County of Oxford Official Plan, “Town of Tillsonburg Residential Density
Plan”, identifies the subject lands as ‘Low Density Residential’ (LDR), and ‘Medium Density
Residential’ (MDR)(Figure 4). The MDR area is along the Quarter Town Line Frontage,
between the rail corridor and North Street West. The MDR block has a depth of
approximately 180m into the subject lands. The balance of the subject lands are
designated as LDR.
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Figure 4: Town of Tillsonburg Official Plan - Residential Density
Schedule T-4 of the County of Oxford Official Plan, “Town of Tillsonburg Transportation
Network Plan”, designates both North Street West, and Quarter Town Line as ‘Arterial
Road’, and the North Street West, and Quarter Town Line intersection is identified for
‘intersection improvement’, and the rail corridor crossing at the south end of the subject
lands is designated for ‘railway crossing improvement’.
The proposed residential uses (single detached dwellings, and multi-family) are permitted
within the Residential designation as primary uses. The proposed layout of the subdivision
is generally consistent with the residential density layout; however, a portion of the MDR
lands are proposed for LDR development. As such an Official Plan Amendment is required
to re-designate a portion of the MDR lands to LDR to implement the proposed
development.
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1.6 TOWN OF TILLSONBURG ZONING BY-LAW
The subject lands are currently zoned Future Development (FD)(Figure 5). The surrounding
area is predominately zoned for Low Density residential uses to the north, east, and south.
The agricultural lands to the west are zoned for agricultural uses. The institutional uses
throughout the surrounding neighbourhoods are zoned appropriately. The proposed
development of single detached dwellings and multi-family are not permitted under the
current zoning, and the parkland block and stormwater block as need to be zoned
appropriately. A Zoning By-law Amendment to facilitate the proposed development.
Figure 5: Town of Tillsonburg Zoning By-law
The proposed development is consistent with the existing zones in the surrounding built-up
areas to the north, east, and south. A Zoning By-law Amendment is requested to amend
the existing Future Development (FD) zone to implement appropriate Residential (R2 & RM)
and Open Space (OS) zones. Site specific provisions are proposed for the exterior side yard
setbacks.
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2.0 PROPOSED APPLICATIONS
2.1 OFFICIAL PLAN AMENDMENT
The proposed Official Plan Amendment (OPA) seeks to re-designate a portion of the
Medium Density Residential lands to Low Density Residential to permit the development of
single detached dwellings (Figure 6).
Figure 6: Proposed Official Plan Amendment to Schedule T-2 - Residential Density Plan
The OPA is to Schedule T-2 – Residential Density Plan; there are no proposed changes to
the text portion of either the Low Density Residential or Medium Density Residential policies.
2.2 ZONING BY-LAW AMENDMENT
The proposed Zoning By-law Amendment is to rezone the subject lands from the existing
Future Development zone (FD) to the Residential (R2-__) zone, Residential (RM-__) zone,
and Open Space (OS2) zone. The proposed residential zones are consistent with similar
uses within the surrounding area. The proposed RM zone provides for additional flexibility
in permitted uses, including cluster and street townhouses and low-rise apartments. The
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proposed special provisions are also consistent with previous approvals granted to similar
developments. The proposed special provisions are as follows:
Single Detached Dwelling:
Exterior Side Yard (Arterial) – 6.0 metres
Exterior Side Yard (Local) – 3.0 metres
Multi-family Blocks:
Exterior Side Yard (Arterial) – 6.0 metres
Exterior Side Yard (Local) – 3.0 metres
The proposed residential zone is consistent with the existing zoning on the lands
immediately east of the subject lands.
The proposed Open Space zone will facilitate the development of public parkland and
stormwater management block combination. No special provisions are proposed for
those blocks at this time.
2.3 PLAN OF SUBDIVISION
The proposal for the subject lands is to create 103 single detached lots, with two multi-
family blocks, one parkland block, a stormwater management block, and two road
widening dedications. The proposed multi-family blocks are proposed to address the North
Street West and Quarter Town Line intersection and front along the Quarter Town Line
streetscape. The proposed parkland and stormwater management blocks are proposed
along the former rail corridor and will provide the potential to tie into a large parkland
system along the corridor and the existing parkland on the south side of the rail corridor
(Tillsonburg Soccer). The parkland dedication represents a 7% land area contribution, in
addition to the SWM pond block, which is above the minimum requirement of 5%.
The proposed road network consists of two access to North Street West opposite existing
road connection on the north side (Woodland Crescent, and Brad Avenue). A single
access is proposed to Quarter Town Line opposite the existing Park Place connection. A
new local road, Street ‘B’, creates a crescent internal to the subject lands, and a new cul-
du-sac rounds out the proposed local road system. No private driveway connections are
proposed to either North Street West or Quarter Town Line. The proposed multi-family
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blocks will be accessed from the internal road network, and the proposed single detached
lots will be back lotted onto North Street West where applicable.
Figure 7: Plan of Subdivision of Subject Lands
3.0 PLANNING ANALYSIS
3.1 PLANNING ACT, RSO 1990
In considering a draft plan of subdivision, the Planning Act states that regard shall be had
for the items in Section 51(24). The proposed draft plan of subdivision addresses the items
as follows:
(a) the effect of development of the proposed subdivision on matters of provincial interest
as referred to in section 2;
The proposed development is consistent with the policies of the Provincial Policy
Statement and is consistent with matters of provincial interest as demonstrated in
Section 3.2 of this report.
(b) whether the proposed subdivision is premature or in the public interest;
The Town of Tillsonburg Area continues to experience a steady residential growth
rate, with a growing demand for alternative forms of housing. Additionally, the
subject lands are designated for residential uses in the County OP, and are
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planned for residential development. It has been demonstrated that sufficient
servicing capacity exists for the proposed development. As such, the proposed
subdivision is not premature, and is in the public interest.
(c) whether the plan conforms to the official plan and adjacent plans of subdivision, if any;
The proposed draft plan of subdivision is consistent with the Oxford County Official
Plan. The proposed lot and block layout is consistent with the existing surrounding
communities, and is consistent with planned residential densities as outlined in the
OP. The proposed road layout is consistent with adjacent subdivisions, utilising
crescents and culs-du-sac for efficient internal circulation.
(d) the suitability of the land for the purposes for which it is to be subdivided;
There are no significant constraints that would prevent the proposed development
on the subject lands. The subject lands are within the settlement area boundary
and are surrounding to the north, east, and south by existing built-up areas. This
development will fill a gap in the residential fabric of northwest Tillsonburg.
(e) the number, width, location and proposed grades and elevations of highways, and
the adequacy of them, and the highways linking the highways in the proposed
subdivision with the established highway system in the vicinity and the adequacy of
them;
Access to the proposed subdivision is from North Street West (2 accesses) and
Quarter Town Line (1 access), existing roadways. The proposed widths and grades
of roads in the subdivision are according to Municipal standards.
(f) the dimensions and shapes of the proposed lots;
The proposed lot layout is appropriate for the subdivision of the subject lands.
(g) the restrictions or proposed restrictions, if any, on the land proposed to be subdivided
or the buildings and structures proposed to be erected on it and the restrictions, if any,
on adjoining land;
The lands are proposed to be developed for single detached dwellings, and multi-
family uses, consistent with dwellings and developments in the surrounding
neighbourhoods with similar zoning restrictions.
(h) conservation of natural resources and flood control;
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A stormwater management facility will be constructed to ensure storm flows from
the subject lands match predevelopment conditions.
(i) the adequacy of utilities and municipal services;
Existing municipal services exist and are available and adequate for the proposed
subdivision. Services will be extended where necessary to service the proposed
subdivision.
(j) the adequacy of school sites;
The subject lands are proximate to Public, and Catholic schools to serve the future
population.
(k) the area of land, if any, within the proposed subdivision that, exclusive of highways, is
to be conveyed or dedicated for public purposes;
A small parkland block is proposed adjacent the rail corridor to provide public
outdoor amenity features. The park block will be adjacent the SWM facility
providing a feature that future trail and pathways can utilise. This block
combination is also adjacent the rail corridor that is currently used as an informal
walking trail, and further connects to the south to the Tillsonburg Soccer fields.
(l) the extent to which the plan’s design optimizes the available supply, means of
supplying, efficient use and conservation of energy; and
The plan creates direct and efficient vehicle connections to the arterial street
system. Energy saving construction materials will be utilized where possible in the
construction process.
(m) the interrelationship between the design of the proposed plan of subdivision and site
plan control matters relating to any development on the land, if the land is also
located within a site plan control area designated under subsection 41 (2) of this Act
or subsection 114 (2) of the City of Toronto Act, 2006. 1994, c. 23, s. 30; 2001, c. 32,
s. 31 (2); 2006, c. 23, s. 22 (3, 4).
Single detached dwellings are not subject to site plan control; however, the multi-
family blocks will be subject to Site Plan Control once a full development proposal
for those blocks are determined.
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3.2 PROVINCIAL POLICY STATEMENT 2020
The Provincial Policy Statement 2020 (PPS), issued under the authority of Section 3 of the
Planning Act “provides policy direction on matters of provincial interest related to land use
planning” in order to ensure efficient, cost efficient development and the protection of
resources. Development applications are required to be consistent with these policies.
Applicable PPS policies include: 1.1.2, 1.1.3.1, 1.1.3.2, 1.3.3.6, under 1.1.3 Settlement Areas;
1.4.1a) and b) under 1.4 Housing; 1.5 Public Spaces, Recreation, Parks, Trails and Open
Space; 1.6.6 Sewage, Water and Stormwater; 1.6.8.3 Transportation Systems; 2.2 Water;
and 2.6 Cultural Heritage and Archaeology.
Policy 1.1.2 in the PPS requires that sufficient lands be made available to accommodate
an appropriate range and mix of uses including residential development and public
service facilities to meet projected needs in Settlement Areas through intensification and
redevelopment and if necessary designated growth areas.
Policy 1.1.3.1 identifies Settlement Areas as the focus of growth and development and the
promotion of their vitality and regeneration shall be promoted.
Policy 1.1.3.2 requires land use patterns in Settlement Areas to be based on densities and
a mix of land uses that efficiently use land, are appropriate for and efficiently use the
infrastructure and public service facilities which are planned or available, minimize
negative impacts on air and water, consider climate change and are transit and freight
supportive.
Policy 1.1.3.6 encourages new development in designated growth areas to occur
adjacent to the existing built-up area.
Policy 1.4.1a) requires accommodation at all times for residential growth for a minimum of
15 years through residential intensification and redevelopment and if necessary lands
which are designated and available for residential development.
Policy 1.4.1b) requires that land with servicing capacity is sufficient to provide at least 3
years supply of residential units through lands suitably zoned to facilitate intensification and
redevelopment and land in draft approved and registered plans.
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Policy 1.5 promotes the planning of public spaces to, among other matters, foster social
interaction and providing for a full range and equitable distribution of publicly accessible
built and natural settings for recreation including facilities, parklands, public spaces and
open space areas.
Policy 1.6.6.6 requires confirmation of sufficient reserve sewage capacity and reserve
water capacity.
Policies 1.6.6.7 and 2.2 require storm water best management protection practices to
minimize stormwater volumes and contaminant loads and maintain or increase the extent
of vegetative and previous surfaces.
Policy 1.6.8.3 does not permit development on lands adjacent to existing transportation
corridors that is not compatible with or cannot be mitigated to minimize negative impacts
on and from the corridor.
Policy 2.6 Cultural Heritage and Archaeology requires conservation of significant built
heritage resources and significant cultural heritage landscapes and promotes conserving
archaeological resources.
The proposed residential development is in a designated and available growth area in the
County Official Plan (Policies 1.1.2, 1.1.3.1) and are serviced by full municipal sewer and
water services (Policy 1.6.6.6). The form and density of the proposed development is
comparable to the existing fully serviced built out residential development in the
surrounding community. The proposed single detached dwelling and multi-family forms
and densities are consistent with the anticipated forms and densities of residential
development in the surrounding area (Policy 1.1.3.2). The proposal is surrounded by
existing low density communities and this development will fill a gap in the residential area
along Quarter Town Line within the built-up area (Policy 1.1.3.6). These lands are part of
the land supply (in the regional market area) which is intended to accommodate
residential growth for a minimum of 10 years in the Town of Tillsonburg (Policy 1.4.1a). The
proposed amendment adds to the supply of lands zoned for residential use (Policy 1.4.1b).
Walkways promote pedestrian and biking movements and link the development to the
Stormwater Management Facility, and public parkland, and the rail corridor trail (Policy
1.5). The Preliminary Servicing report demonstrates that there is reserve sewer capacity in
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the existing sewage treatment plant and there is reserve water capacity for the subject
lands (Policy 1.6.6.6). The Preliminary Stormwater Management Report proposes that storm
sewers and the wet pond Stormwater facility will be designed in general accordance with
the Master Servicing Plan and Ministry of Environment and Climate Change design manual
guidelines, documents which promote best management practices. Stormwater flow
rates will be restricted to pre-development levels (Policies 1.6.6.7 and 2.2). The proposed
park block has been identified as a high potential for archaeological finds. The
conveyance of the park block will protect any potential finds from development (Policy
2.6).
Based on the above, the proposed Draft Plan of Subdivision and Zoning By-Law
Amendment are consistent with the relevant policies in the Provincial Policy Statement
2020.
3.3 OXFORD COUNTY OFFICIAL PLAN
The subject lands are in the Residential designation. The Residential designation is
intended for the full range of dwelling types from detached homes to apartment dwellings.
The Residential designation is further broken down into Low, Medium, and High Density
areas. The subject lands are within low and medium density areas, with the medium
density directed towards the Quarter Town Line frontage, and the North Street intersection.
According to Section 8.2.3.1 residential development shall:
Ensure orderly residential development throughout the Town by:
directing the expansion of residential development into appropriate
areas according to availability of municipal services, soil conditions,
topographic features, environmental constraints and in a form which can
be integrated with established land use patterns;
ensuring that approvals for residential development are consistent with
servicing capabilities and providing for the efficient allocation of municipal
services to ensure that the expansion of services does not occur
prematurely.
The proposed development is located within the existing built-up area of Tillsonburg, with
existing low density neighbourhoods to the north, east, and south. The subject lands have
adequate municipal services available without the need to extend them. The subject
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lands are currently farmed and do not present limited constraints for development. A small
portion is identified as high potential for archaeological resources. This area is proposed
for parkland development which will protect the lands from future development. The
subject lands are located against the Tillsonburg Municipal Boundary, with existing
development to the north, east, and south; this piece of land fills the gap within the existing
residential community.
Ensure that the built form, massing and profile of new housing is well integrated and
compatible with existing housing and that a compatible transition between lands
of different residential densities and between residential and non-residential land
uses is achieved.
The proposed dwellings will be consistent with the newer built form to the south, opposite
the rail corridor. The dwellings will be 1-2 storeys in height and be consistent with the older
built form on the north side of North Street West.
Facilitate the provision of conveniently and appropriately located neighbourhood
serving uses and supportive amenities which enhance the quality of the residential
environment in Residential Areas.
3.3.1 Low Density Residential Policies
Residential development within the Low Density Residential Area designation shall be
developed in the accordance with the policies of Section 8.2.4 of the OP. The following
policies are applicable to the proposed development:
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, semi-detached, duplex, converted dwellings, quadraplexes,
townhouses, and low density cluster development.
The maximum net residential density for an individual development in the Low
Density Residential area is 30 units per hectare (12 units per acre) and no building
shall exceed three stories in height at street elevation.
New Low Density Residential development will have a minimum residential density
of 15 units per hectare (6 units per acre) throughout the Town.
The proposed development within the LDR area will be comprised of 103 single detached
lots. Based on the land area this will provide a residential density of approximately 15.1
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units per hectare, which is within the permitted range. The proposed dwelling heights will
comply with the regulations of the R2 zone.
The Official Plan does not provide criteria for establishing new LDR areas within the
Residential Density Plan. The proposed OPA seeks to re-designate a portion of the MDR
lands to LDR. The portion is to the rear of the MDR area, and the retained MDR lands would
still provide full frontage along Quarter Town Line, consistent with the location criteria for
MDR lands. The proposed LDR lands would facilitate a desired type of housing (single
detached) within the area, while maintaining a significant portion of the subject lands for
future MDR development within the two proposed blocks. The proposed OPA would
locate the LDR lands towards the internal portion of the subdivision, away from the arterial
roadways. The proposed OPA would also encourage the retained MDR blocks to focus
development towards the street frontages, and provide a suitable land use transition to
the internal LDR lands.
3.3.2 Medium Density Residential Policies
Residential development within the Medium Density Residential Area designation shall be
developed in the accordance with the policies of Section 8.2.5 of the OP. The following
policies are applicable to the proposed development:
Medium Density Residential areas are those lands that are primarily developed or
planned for low to medium profile multiple unit development that exceeds
densities established for Low Density areas. Residential uses within Medium Density
Residential areas include townhouses, medium density cluster development,
converted dwellings and low-rise apartments.
The maximum net residential density in the Medium Density Residential area is 62
units per hectare (25 units per acre) and no building shall exceed four stories in
height at street elevation. Within areas of new Medium Density Residential
development, the minimum net residential density shall be 31 units per hectare (13
units per acre).
The proposed development creates two multi-family blocks oriented towards the North
Street West and Quarter Town Line intersection, and along the Quarter Town Line frontage.
The ultimate development for these blocks has not been determined, but the provided
plan conceptually show cluster townhouse forms. The proposed plans show a potential of
65 townhouse units. This would result in a density of 36 units per hectare which is within the
permitted range for medium density development. The conceptual townhouses are
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shown to be oriented towards the public streets provided a strong street edge. Please
note, that while the provided plan shows townhouse development, the final form of
development for the MDR blocks will be determined at the Site Plan Approval stage.
Based on the above analysis the proposed development is consistent with the policies of
the Oxford County Official Plan.
3.4 TOWN OF TILLSONBURG ZONING BY-LAW
The proposed special provisions to reduce the exterior side yard setbacks along arterial
and local roadways, will site the built form closer to the public ROW, and public spaces
creating a street wall/edge and establish a sense of enclosure and comfortable
pedestrian environment. The reduced setback will provide for street-oriented
development that is pedestrian-friendly.
4.0 SUMMARY
The proposed Plan of Subdivision, Official Plan Amendment, and Zoning By-law
Amendment are consistent with the Provincial Policy Statement and in conformity with the
intent of the Oxford County Official Plan. The Plan of Subdivision appropriately addresses
the considerations of the Planning Act 51(24).
The proposed development takes advantage of underutilized lands at the edge of the
built-up urban area of the Tillsonburg. The proposed residential uses support the existing
residential community surrounding the subject lands to the north, east, and south. The
proposed development is a logical extension of the existing residential area, minimizing
land consumption and ensuring the efficient use of existing municipal services and limiting
unnecessary extensions of services.
The proposed parkland and stormwater blocks will provide additional community services
to the immediate neighbourhood.
The proposed OPA and ZBA implement the planned function of the subject lands through
appropriate low and medium density residential designations and zones. The proposed
zoning provides for a variety of uses (multi-family blocks) on the subject lands and special
provisions regarding side yard setbacks will allow for better utilization of building lots.
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The proposed development is in keeping with character of the existing adjacent
community development and creates no adverse land use impacts. The proposed plan
of Subdivision, and ZBA represent sound land use planning and are in the public interest.
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OP 20-18-7
Nov. 2/20
000250875Nov. 11/20
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SB 20-06-7
Spet. 23/20 000280227
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5A-150 Pinebush Road
Cambridge ON N1R 8J8
p: 519.896.3163
905.381.2229
416.479.9684
www.ptsl.com
11 January
Project: 200392
Michael Frijia
Development Manager
Southside Group
75 Blackfriars Street
London ON N6H 1K8
Dear Mr. Frijia:
RE: NORTH STREET SUBDIVISION, TILLSONBURG – TRANSPORTATION IMPACT
STUDY
In August 2020, Paradigm Transportation Solutions Limited (Paradigm) completed a
Transportation Impact Study (TIS) for the proposed North Street Subdivision in the Town of
Tillsonburg, Oxford County.
The Tillsonburg District Chamber of Commerce has provided the following comments on the
transportation study:
The Tillsonburg District Chamber of Commerce would like to suggest further traffic studies
are done in this area for the following reasons:
1. This study was done in July and the question is that there is less traffic in that area
during July and August as school is out and people are vacationing. This year in particular
we are in the middle of a “pandemic” and people were asked not to leave their homes.
We are curious how a study done in July compared to Now and not in pandemic mode
would look.
We appreciate the concern expressed by the Tillsonburg District Chamber of Commerce, and
would like to clarify that traffic studies, undertaken during COVID-19 restrictions in Ontario
municipalities, include appropriate measures to address reduced roadway traffic volumes in
analysing existing traffic conditions.
In general, traffic studies during COVID-19 restrictions use traffic counts undertaken within the
last two to three years (2017-2019), to analyse base year traffic conditions. Where two-to-three
year traffic counts are not available, new traffic counts have been undertaken and adjustments
made based on historical trends and/or available recent traffic counts at nearby intersections.
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Paradigm Transportation Solutions Limited | Page 2
Alternatively, land use information in surrounding areas have been used to confirm base year
traffic conditions.
It should be noted, however, that development traffic impacts are not assessed under existing
(or base Year) traffic conditions, but future traffic conditions.
For the subject North Street Subdivision, the impacts due to the proposed 172 (107 single
family and 65 multi-family) dwelling units were assessed under future 2025 and 2032 traffic
conditions. Future traffic volumes include new traffic generated by the development and growth
in road traffic estimated over five years (2025) and ten years (2030) using a reasonably high
growth rate of 2% compounded per year.
As indicated in the August 2020 TIS, the following five study area intersections were analysed
for assessing development traffic impacts:
• North Street West (Oxford Road 20) and Broadway (Oxford Road 19);
• North Street West and Quarter Town Line;
• North Street West and Woodland Crescent/Street A;
• North Street West and Brad Avenue/Street A; and
• Quarter Town Line and Park Place/Street C.
For the above intersections, there are no recent (2017-2019) traffic counts that could have
been used as existing or base year traffic conditions. In fact, the only available intersection
traffic counts are counts conducted in November 2015 for the North Street and Broadway
intersection.
Additional available information includes AADT (Average Annual Daily Traffic) traffic counts
undertaken in 2016/2017 and 2018/19, on North Street at two locations, east and west of
Broadway. AADT volumes represent average traffic in both directions on a given roadway
section, over a 24 hour period. Based on hourly traffic variation generally on roadways, the PM
(afternoon) peak hour traffic volumes (in both directions) are 10% of the AADT totals.
In light of the available traffic information as outlined above, it was necessary to conduct
intersection traffic counts for all the study area intersections in 2020, for the purpose of
establishing base year traffic conditions and for forecasting and assessing future (2025 and
2030) traffic conditions.
It is common practice, in undertaking traffic studies, to avoid traffic counts during the summer
months of June, July, and August. However, new traffic counts for the above intersections
were undertaken in July 2020 because, in the unusual COVID-19 circumstances, roadway
traffic volumes have started to increase after significant reductions during the months of April
and May. Also, there was no certainty that there would be full reopening of schools in
September 2020, as in other years. Like businesses and other institutions, schools also were
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Paradigm Transportation Solutions Limited | Page 3
not reopened fully in September 2020. Based on Paradigm’s traffic study in another
municipality involving school traffic, school traffic was not restored to the same level in
September 2020, as it used to be in previous years.
For the purpose of the August 2020 Transportation Impact Study (TIS), the traffic counts
obtained in July 2020 were compared to the available intersection traffic counts from
November 2015 and AADT data from 2016/17 and 2018/19, and were assessed to be
appropriate for use as ‘existing’ or ‘base year’ traffic conditions.
As noted earlier, the base year (2020) traffic volumes were increased at 2% (compounded)
growth rate over five years (2025), and ten years (2030) to obtain future traffic conditions for
assessing traffic impacts due to the proposed development. These projections are reasonably
conservative, and as demonstrated in the Transportation Impact Study (TIS) the projected
traffic volumes are well within roadway capacities in the study area of the development.
Also, as shown in Table 4.4 in the TIS, all study area intersections and movements are
forecast to operate at satisfactory levels of service (mostly high levels of service, A or B) during
both AM and PM peak hours, under 2030 total traffic conditions.
In sum, the assumptions and data used in the August 2020 Transportation Impact Study for
the North Street Subdivision in Tillsonburg, are consistent with practices adopted to address
reduced roadway traffic volumes during COVID-19 restrictions. In addition, the assessment of
development traffic impacts has been undertaken under future traffic conditions based on
reasonably conservative traffic projections.
Based on these considerations, the August 2020 Transportation Impact Study, its findings, and
its conclusions, are adequate for the purpose of assessing development traffic impacts for the
subject North Street Subdivision. As well, based on the conclusions of the TIS, the subject
development is appropriate to be considered for approval as proposed.
We trust that the foregoing addresses your requirements. Please do not hesitate to contact us
if you need additional information or clarifications.
Yours very truly,
PARADIGM TRANSPORTATION SOLUTIONS LIMITED
Rajan Philips
M.SC, P.Eng.
Senior Transportation Consultant
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AMENDMENT NUMBER 253
TO THE COUNTY OF OXFORD OFFICIAL PLAN
The following text and schedules attached hereto, constitute
Amendment Number 253 to the County of Oxford Official Plan.
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1.0 PURPOSE OF THE AMENDMENT
The purpose of this amendment is to redesignate a portion of the subject lands from
‘Medium Density Residential’ to ‘Low Density Residential’ to facilitate the development of
a residential draft plan of subdivision, consisting of 103 lots for single detached dwellings,
and 2 blocks for medium density residential development.
2.0 LOCATION OF LANDS AFFECTED
The subject lands are described as Lot 11, Concession 8 (Dereham), in the Town of
Tillsonburg. The lands are located on the southwest corner of the intersection of North
Street West and Quarter Town Line, and are known municipally as 97 North Street West,
Tillsonburg.
3.0 BASIS FOR THE AMENDMENT
The subject amendment has been initiated to redesignate a portion of the subject lands to
‘Low Density Residential’ to facilitate the development of a residential draft plan of
subdivision, consisting of 103 lots for single detached dwellings, and 2 blocks for medium
density residential development.
It is the opinion of Council that the proposed amendment is consistent with the relevant
policies of the PPS as the proposed draft plan of subdivision is cost-effective, and an
efficient land use pattern that minimizes land consumption and servicing costs. The
proposed development also contributes to an overall mix of housing types to
accommodate current and future residents of the regional market area. The development
will also retain and protect the existing archaeological resources that have been found on
the subject lands.
Council is of the opinion that the subject lands are suitable for low and medium density
residential development as the lands are located on, and will have direct access to, an
arterial road. The proposed redesignation will provide for an efficient lot fabric, street
layout and subdivision design.
The site is located on the periphery of an area that is surrounded by existing low density
development to the north and east, and planned medium density residential development
to the east, with lands to the west being agricultural lands within the Township of South-
West Oxford, and lands to the south being institutional uses and recreational uses. It is
the opinion of Council that the proposed change to the boundary between the planned low
and medium density development is appropriate for the area with respect to the nature,
character and scale of existing and planned adjacent uses.
Further, it is the opinion of Council that the subject application is consistent with the
policies for Low and Medium Density Residential areas within the Town. The Low Density
Residential designation is intended for areas to be 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. The Medium Density Residential designation is intended to support
low profile multiple unit development, including townhouses, converted dwellings and
apartment buildings and although the form of development on these blocks is not known,
the provisions of the Medium Density Residential Zone will ensure that the development
meets the density targets of the Medium Density Residential Designation. The proposed
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subdivision development is considered to be a compatible form of development with the
surrounding and planned development in the area and the future development of the
medium density blocks will be subject to site plan approval to ensure all development
matters are satisfactorily addressed. 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.
4.0 DETAILS OF THE AMENDMENT
4.1 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 interpretation
policies of the Official Plan.
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Report No: CP 2021-12
COMMUNITY PLANNING
Council Date: January 19, 2021
To: Mayor and Members of Tillsonburg Council
From: Eric Gilbert, Senior Planner, Community Planning
Applications for Official Plan Amendment & Zone Change
OP 20-13-7 & ZN 7-20-14 – Escalade Property Corporation &
1822094 Ontario Inc.
REPORT HIGHLIGHTS
The intent of the Official Plan Amendment is to redesignate the subject lands from ‘Service
Commercial’ to ‘High Density Residential’ to facilitate the development of two 5 storey
apartment buildings, each consisting of 49 apartment dwelling units.
The application for Zone Change proposes to rezone the lands from ‘Service Commercial
Holding Zone (SC-H)’ to ‘Special High Density Residential Zone (RH-5)’ to facilitate the
proposed development and to provide site specific zoning provisions to permit a reduced
interior side yard width between the two buildings, and to provide for a parking area to be
within an exterior side yard for the southerly building.
The proposal is consistent with the relevant policies of the Provincial Policy Statement and is
in-keeping with the strategic initiatives and objectives of the County Official Plan and can be
supported from a planning perspective.
DISCUSSION
Background
OWNERS: 1822094 Ontario Inc & Escalade Property Corporation
Box 37, Lambeth ON, N6P 1P9
AGENT: Barbara Rosser, MCIP RPP
Box 96, 4688 Elginfield Road, Alisa Craig ON, N0M 1A0
LOCATION:
The subject lands are described as Part of Lots 293, 341, 423-426, Lots 420-422, Plan 500, in
the Town of Tillsonburg. The lands are located on the east side of King Street, north side of First
Street, and west side of Tillson Avenue, and are municipally known as 98 King Street and 143
Tillson Avenue, Tillsonburg.
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Report No: CP 2021-12
COMMUNITY PLANNING
Council Date: January 19, 2021
Page 2 of 10
COUNTY OF OXFORD OFFICIAL PLAN:
Existing:
Schedule ‘T-1’ Town of Tillsonburg Land Use Plan Service Commercial
Proposed:
Schedule ‘T-1’ Town of Tillsonburg Land Use Plan Residential
Schedule ‘T-2’ Town of Tillsonburg High Density Residential
Residential Density Plan
TOWN OF TILLSONBURG ZONING BY-LAW 3295:
Existing Zoning: Service Commercial Holding Zone (SC-H)
Proposed Zoning: Special High Density Residential Zone (RH-5)
PROPOSAL:
Applications have been received by the County of Oxford and the Town of Tillsonburg for
amendments to the Official Plan and Zoning By-law to redesignate and rezone the subject lands
to facilitate the development of two 5-storey apartment buildings, each consisting of 49 apartment
dwelling units. Each building is proposed to contain 38 two bedroom apartment units, and 11 one
bedroom apartment units.
The following studies/reports were provided in support of the proposal:
Planning Justification Report prepared by Barbara Rosser, MCIP RPP;
Environmental Noise and Vibration Assessment Report prepared by Strik Baldinelli Moniz;
Train Vibration Study prepared by OZA Inspections Limited;
Servicing Feasibility Study, prepared by Strik Baldinelli Moniz;
Traffic Impact Study prepared by Strik Baldinelli Moniz;
Solar Shadow Impact Study prepared by Strik Baldinelli Moniz;
Phase 1 & 2 Environmental Site Assessment prepared by EXP Services Inc.
The subject lands have a total area of 1.1 ha (2.6 ac), and are currently vacant. Surrounding uses
include a medium density townhouse condominium development to the west, a daycare use to
the north, a service commercial plaza to the north, and service commercial uses fronting on Tillson
Avenue to the west. Vacant service commercial lands are to the south, with single detached
dwellings to the northeast and southeast beyond the service commercial uses. The CPR Railway
is adjacent to the subject lands on the north.
For Council’s information, the applicant submitted two applications for consent (B20-51-7 & B20-
52-7) that proposed minor boundary adjustments to create a more regular interior lot line between
the two proposed buildings. The applications were approved by the County Land Division
Committee at their meeting of December 3, 2020.
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Report No: CP 2021-12
COMMUNITY PLANNING
Council Date: January 19, 2021
Page 3 of 10
Plate 1, Location Map with Existing Zoning, 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, Applicant’s Proposed Site Plan, provides the layout of the proposed buildings, parking
and access.
Plate 4, Main Floor Plan, provides the layout of the main floor of the proposed building.
Plate 5, Typical Floor Plan, provides the layout of the floors 2-5 of the proposed building.
Plate 6, South Elevation, depicts the appearance of the proposed building from the south.
Plate 7, North Elevation, depicts the appearance of the proposed building from the north.
Plate 8, East & West Elevations, depicts the appearance of the proposed building from the east
and west.
Application Review
PROVINCIAL POLICY STATEMENT
The policies of Section 1.1 of the Provincial Policy Statement direct that sufficient land shall be
made available to accommodate an appropriate range and mix of land uses to meet projected
needs for the planning period. Within settlement areas, sufficient land shall be made available
through intensification and redevelopment and, if necessary, designated growth areas.
The policies of Section 1.1.3 state that settlement areas shall be the focus of growth and
development, and their vitality and regeneration shall be promoted. Section 1.1.3.3 states 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.
The policies of Section 1.1.3.6 state that new development taking place in designated growth
areas should occur adjacent to the existing built-up area and shall have a compact form, mix of
uses and densities that allow for the efficient use of land, infrastructure and public service facilities.
Further, Section 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;
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Report No: CP 2021-12
COMMUNITY PLANNING
Council Date: January 19, 2021
Page 4 of 10
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 lands are designated ‘Service Commercial’ as per Schedule ‘T-1’ of the Official Plan.
Areas designated for Service Commercial use are intended to provide for a broad range of
commercial uses that, for the most part, are not suited to locations within the Central Area
because of their site area, access or exposure requirements or due to incompatibility or land use
conflicts with residential development.
Generally, Service Commercial uses cater to vehicular traffic and single-purpose shopping trips
where customers are typically generated from passing traffic or a wide ranging market area.
Service Commercial uses will have access to an arterial or collector road.
As noted, the applicant proposes to re-designate the subject lands to ‘Residential’ & ‘High Density
Residential’ to permit the development of two apartment buildings, each consisting of 49 dwelling
units.
High Density Residential Areas are those lands primarily developed or planned for a limited range
of intensive large-scale, multiple unit forms of residential development. Unless there are specific
site or area characteristics which favour higher limits, net residential densities will normally not
exceed 111 units per hectare (45 units per acre). Under no circumstance will development within
a High Density Residential area be less than 63 units per hectare (26 units per acre) net residential
density.
The proposed net residential density of the development is 92 units per hectare (37 units per acre)
for the northerly property (98 King Street), and 94 units per hectare (39 units per acre) for the
southerly property (143 Tillson Avenue).
In addition to the requirement for compliance with the locational policies, when considering
proposals to designate lands for high density residential development, Town Council and County
Council will be guided by the following:
Sites which abut arterial or collector roads or will have direct access to the arterial or
collector road;
On vacant or under-utilized sites adjacent to development which is already built at medium
or high densities;
Close to shopping, recreation, cultural and community facilities;
Within or near the periphery of the Central Area in accordance with the policies of Section
8.3.4.
Page 66 of 145
Report No: CP 2021-12
COMMUNITY PLANNING
Council Date: January 19, 2021
Page 5 of 10
Any lands proposed for high density residential development will require an amendment to the
Official Plan. In addition to the locational policies identified, when considering proposals to
designate lands for High Density Residential development, Town and County Councils will be
guided by the following site specific criteria:
The size, configuration and topography of the site is such that there is sufficient flexibility
for site design to mitigate adverse effects on the amenities and character of any adjacent
residential development through adequate setbacks, buffering and screening;
The development results in a gradual transition from low profile residential buildings to
higher profile residential buildings and vice versa;
The location of vehicular access points and the likely effects of traffic generated by the
proposal on public streets have been assessed and are acceptable;
Adequate hard service capacity including water distribution, sanitary and storm sewers,
power and gas distribution facilities is available or will be available to accommodate the
proposed development;
Adequate off-street parking and outdoor amenity areas can be provided;
The effect of the proposed development on environmental resources or the effect of
environmental constraints on the proposed development will be address and mitigated as
outlined in Section 3.2.
All proposals for high density residential development shall be subject to site plan control. When
considering any specific proposal for high density residential development, Town Council will be
satisfied that the criteria of Section 8.2.7 are adequately addressed.
ZONING BY-LAW
The subject lands are currently zoned ‘Service Commercial Holding Zone (SC-H)’, which permits
existing uses and buildings.
The purpose of the Holding Provision in this instance is to ensure that orderly development of
land identified by the Ministry of the Environment as contaminated lands is remediated in
accordance with site hydrogeological studies, site investigations, and remediation plans, and/or
a Record of Site Condition, is filed against the title of the subject property. Removal of the “H”
symbol will occur once Ministry of the Environment approvals are received, and the owner of the
subject land and the Town of Tillsonburg has entered into a Site Plan Agreement consistent with
Section 41 of the Planning Act.
The applicant proposes to rezone the subject lands to ‘Special High Density Residential Zone
(RH-5)’ permit two 5 storey apartment buildings, each containing 49 dwelling units. Special
provisions have been requested to permit a reduced interior side yard width of 6.5 m (21.3 ft) in
lieu of the required 10.5 m (32.8 ft) between the proposed apartment buildings and the shared
interior lot line. Special provisions are also sought to permit parking within the exterior side yard,
and to recognize King Street as the front lot line for the northerly lot, and Tillson Avenue as the
front lot line for the southerly lot.
Based on the applicant’s proposed site plan, the proposal appears to comply with the other
relevant provisions of the RH zone. The applicant’s proposed site plan also provides all required
parking for the 49 apartment dwelling units on each lot.
Page 67 of 145
Report No: CP 2021-12
COMMUNITY PLANNING
Council Date: January 19, 2021
Page 6 of 10
AGENCY COMMENTS
The applications were reviewed by a number of public agencies. The following comments were
received.
The Town of Tillsonburg Building Services Department indicated that a Record of Site Condition
should be provided prior to passing of the zoning amendment, and that site specific development
comments will be reviewed and provided through the site plan process.
Town Engineering Services Department indicated that the project will be subject to site plan
control where matters such as lot grading, drainage and storm water management will be
reviewed.
The Town Director of Recreation, Culture and Parks indicated that cash in lieu of parkland will be
required at time of site plan approval.
Oxford County Public Works Department indicated that they had no comment respecting the
applications for Official Plan amendment and zone change. Comments respecting water and
wastewater servicing and waste collection will be provided upon review of the required site plan
application.
Tillsonburg Fire & Rescue Services indicated they had no comment respecting the applications.
The Tillsonburg District Chamber of Commerce indicated that they are in support of the
application and appreciate the continued development of apartment style units in Tillsonburg.
They suggest that the parking lots be interconnected between the buildings to assist with street
traffic flow and to allow for less confusion/faster response times for emergency services, food
delivery, etc.
The Town Development Commissioner provided the following comments:
The proposed developments will provide an additional 98 rental units to the Tillsonburg rental
market, which will be a significant increase in the supply of rental housing and support greater
choice in the market while contributing to population growth in the Town. As of the latest rental
market statistics, Tillsonburg is estimated to have a vacancy rate of 1%, which is among the
lowest in the Province. The addition of 98 units will increase the existing supply by approximately
11% (existing base of 896 rental units)! Considering the low vacancy rates and the significant
increase in supply, this project will have a significant impact and benefit to the community.
It is important to recognize that the existing CP Rail owned (OSR operated) spur line is currently
operating and is anticipated to continuing to operate for the foreseeable future. While the Train
Vibration Study indicated no concerns, I do agree with the inclusion of the suggested text in the
planning approvals. Rail service is critical to Tillsonburg.
In terms of the change in use from commercial to residential, this is a concern as there is limited
commercial lands of any type available for development in Tillsonburg with only a handful of
existing sites. This change will further reduce the number of available commercial development
sites. However, based on the critical need for housing in our community along with the low
vacancy rates, I support the redesignation and rezoning of these two properties. Further, the
potential for significant impacts to commercial/retail space demand due to the ongoing impacts of
the pandemic suggests that demand for commercial development sites will be reduced in the
Page 68 of 145
Report No: CP 2021-12
COMMUNITY PLANNING
Council Date: January 19, 2021
Page 7 of 10
short term. I note that the supply of commercially zoned lands remains a concern in the medium
to long term planning horizons as has been noted multiple times in the recent past.
Canada Post provided the following comments:
Canada Post has reviewed the proposal for the above noted Development Application and has
determined that the project adheres to the multi-unit policy and will be serviced by internal Lock
Box Assembly which is to be provided by, installed and maintained by the developer/owner at the
owner’s expense.
PUBLIC CONSULTATION
Notice of complete application was provided to surrounding neighbours on October 1, 2020, and
notice of public meeting was issued on January 5, 2021, in accordance with the requirements of
the Planning Act. At the time of writing this report, no comments have been received from
surrounding property owners.
Planning Analysis
The applicant proposes to redesignate the subject lands to ‘High Density Residential’ to facilitate
the development of two 5-storey apartment buildings, each consisting of 49 apartment dwelling
units. Additionally, the applicant is proposing site-specific High Density zoning for the subject
lands to permit a reduced interior side yard width for the two buildings, and to permit parking
within the exterior side yard, and to define the front lot line for each building.
It is the opinion of staff that the proposed amendments are consistent with the relevant policies of
the PPS as the proposed development is compact, cost-effective, and an efficient land use pattern
that minimizes land consumption and servicing costs. The proposed development also
contributes to an overall mix of housing types to accommodate current and future residents of the
regional market area and will provide an additional market-based rental housing option in the
Town of Tillsonburg. The proposal also represents an efficient use of existing brownfield lands.
The applicant proposes to re-designate the site from ‘Service Commercial’ to ‘High Density
Residential’. With respect to the supply and demand for residential land, the Phase One
Comprehensive Review completed by Hemson Consulting Limited (March 2020) indicates that
over the 20 year planning period from 2019-2039 the Town of Tillsonburg is expected to have a
potential surplus of 66 ha of vacant residential land, representing an estimated 1462 residential
units. Although sufficient residential land is available within the Town, other vacant areas
identified for high density residential use (being areas on Cranberry Road at the northern Town
limit and areas fronting on the south side of Concession Street West at the western Town limit)
do not currently have adequate servicing in place to support the high density residential
development. Given this, planning staff are satisfied that the proposed re-designation is
appropriate and this proposal will contribute to increasing the supply to satisfy the current demand
for High Density residential development.
The subject proposal also represents an appropriate residential intensification in accordance with
Section 8.2.2.5 of the Official Plan as the proposal will redevelop an existing brownfield site that
has remained vacant since the 1970s for residential intensification, and will make efficient use of
existing municipal services and is an appropriate use of an underutilized site.
Page 69 of 145
Report No: CP 2021-12
COMMUNITY PLANNING
Council Date: January 19, 2021
Page 8 of 10
Planning staff are of the opinion that the subject lands are suitable for high density residential
development as the lands have frontage on Tillson Avenue, an arterial road that is capable of
accommodating the expected additional traffic. While access to the site will be via local streets
rather than directly from an arterial road, direct entrances on Tillson Avenue were deemed
undesirable due to potential sight line issues with the railway crossing on Tillson Avenue. The
proposed access from local streets is appropriate in this instance as the traffic from the proposed
development will not be directed through low density residential areas and the distance from
Tillson Ave is minimal. In support of the application, the applicant provided a traffic impact study
which concluded that the existing conditions on Tillson Avenue can accommodate the expected
development without any required road improvements. Oxford County Public Works have
indicated that they are satisfied with the findings of the Traffic Impact Study.
The site is located on the periphery of an area that is surrounded medium density residential
development to the west, with institutional and service commercial uses to the north, east, and
south. Due to the mix of uses in the area, it is the opinion of staff that the proposed development
is appropriate for the area with respect to the nature, character and scale of adjacent uses. The
existing and permitted service commercial uses in the vicinity are compatible with the proposed
high density residential use.
The applicant has provided a Solar Shadow Study in support of the applications, to demonstrate
what the expected solar shadow impact will be with the proposed apartment buildings. Although
the Oxford County Official Plan does not have specific requirements or criteria for the review of
shadow impact studies, by using the criteria for similar types of studies required in other
jurisdictions (City of Waterloo Shadow Study Guidelines), planning staff can support the findings
of the study as the shadowing appears to be in-keeping with that considered acceptable for this
type of development. The study concluded that minimal impacts are expected to residential
properties to the north east beyond the commercial uses on Tillson Ave, and no residential
properties are anticipated to have any shading on more than 50% of their property for more than
2 hours. The peak shadow impact is expected to be present during the winter solstice (Dec 21)
from 4pm-sunset (approximately 4:50 pm). The predicted shadow impacts are within the
acceptable limits of the City of Waterloo Shadow Study Guidelines that planning staff have used
to assess the impact of the development on existing low density residential development.
With respect to the former service commercial uses of the subject lands, the applicant has
provided Environmental Site Investigation reports and noise and vibration assessments to
demonstrate that any potential contamination has been remediated, and that the presence of the
adjacent railway will not negatively impact the planned residential use of the lands. The Noise
Study concluded that the outdoor amenity areas and indoor living areas will marginally exceed
the maximum sound limits, and as a result, warning clauses are required to be registered on title
and the construction of the buildings, particularly the building closest to the railway lands will
require the use of building components with noise isolation. For the north and east walls, masonry
construction will be required within the installation of double glazed windows, with provision for
air conditioning. The implementation of the recommended mitigation measures will be completed
through the site plan agreement process, with the requirement for an acoustical engineer to certify
that the recommended measures have been implemented.
The applicant intends to submit the completed studies for a Record of Site Condition once the
related consent applications have been completed and the revised property boundaries have
been established.
Page 70 of 145
Report No: CP 2021-12
COMMUNITY PLANNING
Council Date: January 19, 2021
Page 9 of 10
It is the opinion of this office that the subject application is consistent with the policies for High
Density Residential areas within the Town. The High Density Residential designation is intended
for intensive large-scale, multiple unit forms of residential development. The proposed apartment
buildings are considered to be a compatible form of development with the surrounding and
planned development in the area as the subject site is bounded by 3 streets and the railway right
of way and limited impacts are expected to adjacent properties. Further to this, staff are satisfied
that the proposed number of units is also consistent with the high density designation
requirements.
The site can provide the required off-street parking and is located in an area where services and
amenities such as schools, leisure facilities, shopping and parks are within a reasonable distance
and adequate municipal services are available to service the site.
With respect to the applicant’s request for site specific zoning to permit the apartment buildings
to have a reduced interior side yard width, staff are of the opinion that the reducing the required
interior side yard from 10.5 m (32.8 ft) to 6.5 m (21.3 ft) is appropriate as the reduced setback will
be to a common interior lot line and will not impact any other properties. The request to identify
King Street as the front lot line for the northerly parcel and Tillson Avenue for the southerly parcel
will aid in the interpretation of zoning provisions, and will create a more effective site layout
compliant with the zoning provisions.
The request to permit parking within the exterior side yard is considered appropriate as the parking
area will remain 5.5 m (18 ft) from the exterior lot line and will not create any sightline issues and
will continue to provide ample opportunity for landscaping. All of the other relevant zoning
provisions with respect to setbacks, amenity space, building height, landscape open space, lot
coverage and parking are in compliance with the Town’s zoning provisions.
The proposed residential development will be subject to the site plan approval process by the
Town of Tillsonburg. Through this review process matters such as lighting, parking, accessibility,
grading, stormwater management, landscaping, privacy screening and garbage collection will be
addressed.
In light of the foregoing, Planning staff are 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. As such, staff are satisfied that the applications can be given favourable
consideration.
Page 71 of 145
Report No: CP 2021-12
COMMUNITY PLANNING
Council Date: January 19, 2021
Page 10 of 10
RECOMMENDATIONS
1. That the Council of the Town of Tillsonburg support the application to amend the
County Official Plan (File No. OP 20-13-7), submitted by 1822094 Ontario Inc &
Escalade Property Corporation, for lands legally described as Part of Lots 293, 341,
423-426, Lots 420-422, Plan 500, in the Town of Tillsonburg, to redesignate the
subject lands from ‘Service Commercial’ to ‘High Density Residential’, to facilitate
the development of two 5-storey, 49 unit apartment buildings on the said lands; and
2. That the Council of the Town of Tillsonburg approve in principle the zone change
application (File No. ZN 7-20-14) submitted by 1822094 Ontario Inc & Escalade
Property Corporation, for lands legally described Part of Lots 293, 341, 423-426, Lots
420-422, Plan 500, in the Town of Tillsonburg, to rezone the lands from ‘Service
Commercial Holding Zone (SC-H)’ to ‘Special High Density Residential Zone (RH-5)’
to facilitate the development of two 5-storey, 49 unit apartment buildings on the
subject lands.
SIGNATURES
Authored by: Original signed by Eric Gilbert, RPP, MCIP
Senior Planner
Approved for Submission: Original signed by Gordon K. Hough, RPP
Director
Page 72 of 145
September 29, 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 Nos. OP 20-13-7 & ZN 7-20-14 - 1822094 Ontario Inc. & Escalade Property Corp.
Part of Lot 341, 293, 426-426, Lots 420-422, Plan 500, Town of Tillsonburg- 98 King Street & 143 Tillson Avenue, Tillsonburg
Subject
Property
Page 73 of 145
September 29, 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 20-13-7 & ZN 7-20-14 - 1822094 Ontario Inc. & Escalade Property Corp.
Part of Lot 341, 293, 426-426, Lots 420-422, Plan 500, Town of Tillsonburg- 98 King Street & 143 Tillson Avenue, Tillsonburg
Subject
Property
Tillson
Avenue
King
Street
Pine
Street
First
Street
Page 74 of 145
AMENDMENT NUMBER 252
TO THE COUNTY OF OXFORD OFFICIAL PLAN
The following text and schedules attached hereto, constitute
Amendment Number 252 to the County of Oxford Official Plan.
Page 81 of 145
1.0 PURPOSE OF THE AMENDMENT
The purpose of this amendment is to redesignate the subject lands from ‘Service
Commercial’ to ‘High Density Residential’ to facilitate the development of two five storey
apartment buildings, each consisting of 49 apartment dwelling units.
2.0 LOCATION OF LANDS AFFECTED
This amendment applies to two properties described as Part of Lots 293, 341, 423-426,
Lots 420-422, Plan 500, in the Town of Tillsonburg. The lands are located on the east
side of King Street, north side of First Street, and west side of Tillson Avenue, and are
municipally known as 98 King Street and 143 Tillson Avenue, Tillsonburg.
3.0 BASIS FOR THE AMENDMENT
The subject amendment has been initiated to redesignate the subject lands to ‘High
Density Residential’ to facilitate the development of two five storey apartment buildings,
each consisting of 49 apartment dwelling units.
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 minimizes land consumption and servicing costs. The
proposed development also contributes to an overall mix of housing types to
accommodate current and future residents of the regional market area and will provide an
additional market-based housing option in the Town of Tillsonburg.
Council is of the opinion that the subject lands are suitable for high density residential
development as the lands have frontage on Tillson Avenue, an arterial road that is capable
of accommodating the expected additional traffic. The primary entrances for the
development are proposed from King Street and First Street due to potential sight line
issues with the railway crossing on Tillson Avenue. A traffic impact study concluded that
the existing conditions on Tillson Avenue can accommodate the expected development
without any required road improvements.
The site is located on the periphery of an area that is surrounded medium density
residential development to the west, with service commercial uses to the north, east, and
south. Due to the mix of uses in the 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. The existing and permitted service commercial uses in the vicinity are
considered compatible with the proposed high density residential use.
It is the opinion of Council that the subject application is consistent with the policies for
High Density Residential areas within the Town. The High Density Residential designation
is intended for intensive large-scale, multiple unit forms of residential development. The
proposed apartment buildings are considered to be a compatible form of development with
the surrounding and planned development in the area as the subject site is bounded by 3
streets and the railway right of way and limited impacts are expected to adjacent
properties. Further to this, Council is satisfied that the proposed number of units is also
consistent with the high density designation requirements.
Page 82 of 145
The site can provide adequate off-street parking and is located in an area where services
and amenities such as schools, leisure facilities, shopping and parks are within a
reasonable distance. Adequate municipal services are available to the site.
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.
4.0 DETAILS OF THE AMENDMENT
4.1 That Schedule “T-1” – Town of Tillsonburg Residential Density 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 “High 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 interpretation
policies of the Official Plan.
Page 83 of 145
CANADIANPACIFICRAILWAYLISGARAVETILLSON AVECONCESSION ST E
SECOND ST
THIRD ST
MAPLE
C
R
T
FOURTH ST
FIRST STFRANK STDELEVANCRES
L I SGARCRT
MAPLE LANEKING STQUEEN STPINE ST
PEARL ST
JOSEPH ST
9953
SCHEDULE "A"
AMENDMENT No. 252
TO THE
COUNTY OF OXFORD
OFFICIAL PLAN
SCHEDULE "T-1"
TOWN OF TILLSONBURG
LAND USE PLAN
- AREA OF THIS AMENDMENT
ITEM 1 - CHANGE FROM SERVICE COMMERCIAL
TO RESIDENTIAL
LAND USE PLAN
LEGEND
RESIDENTIAL
SERVICE COMMERCIAL
COMMUNITY FACILITY
INDUSTRIAL
OPEN SPACE
FLOODLINE
ITE
M
1
0 40 80 120 160 20020
Meters
Page 84 of 145
CANADIANPACIFICRAILWAYLISGAR AVETILLSON AVECONCESSION ST E
SECOND ST
THIRD ST
MAPLE
C
R
T
FOURTH ST
FIRST STFRANK STDELEVANCRES
L I SGARCR
T
MAPLE LANEKING STQUEEN STPINE ST
PEARL ST
JOSEPH ST
9953
SCHEDULE "A"
AMENDMENT No. 252
TO THE
COUNTY OF OXFORD
OFFICIAL PLAN
SCHEDULE "T-2"
TOWN OF TILLSONBURG
RESIDENTIAL DENSITY PLAN
0 200100
Metres
- AREA OF THIS AMENDMENT
ITEM 1 - ADD TO HIGH DENSITY RESIDENTIAL
RESIDENTIAL DENSITY PLAN
LEGEND
LOW DENSITY RESIDENTIAL
MEDIUM DENSITY RESIDENTIAL
HIGH DENSITY RESIDENTIAL
OPEN SPACE
IT
E
M
1
Page 85 of 145
FOR OFFICE USE ONLY
DATE PRESCRIBED INFORMATION COMPLETE PIN
REV. DEC 2018
PO Box 1614 FILE NO.
Woodstock ON N4S 7Y3
Tel: (519) 539-9800 DATE RECEIVED:
Fax: (519) 421-4712
website: www.oxfordcounty.ca
COUNTY OF OXFORD
APPLICATION FOR AN AMENDMENT
TO THE OFFICIAL PLAN
SECTION ONE - GENERAL INFORMATION
1.Applicant:
a)Name Telephone:
Address Cell Phone:
Fax No.
Postal Code: Email Address:
b)Applicant’s Interest in Subject Land:
__ Registered Owner
__ Agreement of Purchase and Sale (attach copy)
__ Mortgage
__ Other (specify)
2.Registered Owner: (if other than applicant)
Name Telephone:
Address Cell Phone:
Fax No.
Postal Code: Email Address:
3.Solicitor or Agent: (if any)
Name Telephone:
Address Cell Phone:
Fax No.
Postal Code: Email Address:
4.Location of Subject Land:
Lot Number(s) Concession / Plan No.
Part Number(s) Reference Plan No.
Municipality Former Municipality
Street/911 Civic Address
The subject land is located on the side of the Street, lying between Street
and Street.
OP 20-13-7
Sept. 4/20
000280207 & 0040
1822094 Ontario Inc, Escalade Property Corporation
Box 37, Lambeth ON 519-203-5170
jlchomesltd@yahoo.caN6P 1P9
Barbara G. Rosser, MCIP RPP 519-293-3210
519-293-3945
519-293-3945
Box 96, 4688 Elginfield Road, Ailsa Craig, ON
N0M 1A0 brosser@execulink.com
98 King Street, and 143 Tillson Avenue,Tillsonburg, ON
Town of Tillsonburg
east
Third
Judge's Plan reg as Plan No. 745/Plan 500
Village of Norwich
First
Lot 420-422, Part Lots 423-426
Part of Lot 341, 293, Part of Lot 341
Page 86 of 145
COUNTY OF OXFORD – APPLICATION FOR OFFICIAL PLAN AMENDMENT PAGE 2
SECTION TWO - OFFICIAL PLAN INFORMATION (Complete sections only where applicable)
5.Purpose of requested Amendment:
6.Is the application consistent with the Provincial Policy Statement, 2014, as amended?
(see Item No. 9 in the application guide) Yes No
7.Is this a request for an Amendment to a Schedule(s) of the Official Plan: (yes/no) If yes, complete the following:
SCHEDULE
(E.G. C-3)
TITLE DESIGNATION OF SITE USES PERMITTED
Existing:
Proposed:
8.Is this a request for an Amendment to the text of the Official Plan:(yes/no) If yes, complete the following:
a)Chapter, Section and Subsection title
b)Is this section / subsection to be: Changed _____ Replaced _____ Deleted _____
c)If changed/replaced, proposed text of Amendment
SECTION THREE – DESCRIPTION OF DEVELOPMENT (If specific development is proposed, complete the following)
9.Present Use of Subject Land:
10.Description of Existing Building(s) or Structure(s) on Subject Land: (Date of construction, present use)
11.Proposed Use of Subject Land: (Description of Applicant’s Proposal)
12.Proposed Buildings or Structures associated with the Proposed Land Use: (include information regarding alteration to or
demolition of existing buildings or structures)
Yes
No
vacant
none
high density residential development
two 5 storey, 49 unit apartment buildings (see preliminary site plan, preliminary building elevations and floor plan)
38 two bedroom units, 11 one bedroom units per building
"T-1"Town of Tillsonburg Land Use Plan Service Commercial
"T-2"Town of Tillsonburg Residential Density N.A.
per 8.3.3. Town of Tillsonburg Land Use Policies
"T-1" Town of Tillsonburg Land Use Plan Residential
"T-2"Town of Tillsonburg Residential Density High Density Residential
per 8.2 Town of Tillsonburg Land Use Policies
N.A.
per 8.2.6 Town of Tillsonburg Land Use Policies
to amend the designation of the subject properties from Service Commercial to
Residential and to indicate the lands as High Density Residential
Page 87 of 145
COUNTY OF OXFORD – APPLICATION FOR OFFICIAL PLAN AMENDMENT PAGE 3
13.For proposed Residential development, specify:
a)Gross or Net Density/Hectare
b)No. of Units Type of Units
14.For proposed Commercial, Industrial, Institutional or Recreational development, specify:
a)Gross Floor Area (by type of uses)
b)Proposed Uses
SECTION FOUR – SITE INFORMATION AND SERVICES
15.Dimensions of Subject Land: (in metric units)
a)Area b) Frontage c) Depth
16.Access to Subject Land:
____ Provincial Highway ____ Unopened Road Allowance
____ County Road ____ Private Right-of-Way
____ Municipal Road ____ Other (specify)
17.Adjacent Land Uses: (Indicate nature of adjacent land uses)
18.Services:
MUNICIPAL W ATER MUNICIPAL SEWER PRIVATE W ATER PRIVATE SEWER**
CONNECTED (YES/NO)
TYPE (INDIVIDUAL/COMMUNAL)
Municipal Storm Sewers ____ Municipal Drain ____ (Please check one)
**Note: If the requested amendment involves development on a privately owned and operated individual or communal septic
system and more than 4500 litres per day of effluent will be produced as a result of the completed proposal, the
applicant must submit a servicing options report and a hydrogeological report.
SECTION FIVE - ZONING BY-LAW
19.Municipal Zoning By-Law Number:
Existing Zoning of Subject Land
20.Has an application for Zone Change been filed?Yes ____No _____
If yes, describe the proposed zoning of the subject land
49 per building
91.98 units per hectare (98 King St); 93.81 units per hectare (143 Tillson Ave)
apartment dwelling units
10550.334 m2 +/- 98 m s/s
north: private day care and commercial, east: railway line and commercial (east side Tillson Avenue), south: vacant
and single detached residential, west: medium density townhouse condominium
Town of Tillsonburg Zoning By-law No. 3295, as amended
HIGH DENSITY RESIDENTIAL ZONE (RH-__)
No No
yesyes
SERVICE COMMERCIAL ZONE (SC(H))
* subject to proposed severance*
Total
Tillson Avenue
King Street
Total
+/- 120 m w/s, 77 m e/s
* subject to proposed severance *
Page 88 of 145
COUNTY OF OXFORD – APPLICATION FOR OFFICIAL PLAN AMENDMENT PAGE 4
SECTION SIX – OTHER INFORMATION
21.If the subject land, or any land within 120 meters of it, is the subject of an application by the applicant for a minor
variance, a consent or consent and minor variance, an amendment to the Official Plan, a zoning by-law amendment, a
Minister’s zoning order, or approval of a plan of subdivision or site plan, please provide the file number, the name of
the approval authority considering it, the land it affects, its purpose, its status, and its effect on the requested
amendment.
22.If the requested amendment proposes to alter all or any part of the boundary of a designated settlement area or
proposes to establish a new settlement area, please provide the current section containing policies of the Official Plan
dealing with the alteration or establishment of a designated settlement area.
23. If the requested amendment proposes to remove the subject land from an area of employment, please provide the
relevant section of the Official Plan dealing with the removal of land from an area of employment.
Dated this day of 20 .
SIGNATURE OF APPLICANT
If the applicant is not the owner of the land that is the subject of this application, the written authorization of the owner that the applicant is
authorized to make the application 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
I / We,
am/are the owner(s) of the land that is the subject of this application for Official Plan amendment. I / We authorize
, to make this application on my / our behalf.
Date Signature of Owner(s)
Signature of Owner(s)
1822094 Ontario Inc,
Barbara G. Rosser
applications for land severance submitted concurrently in accordance with preliminary site plan
N/A
N/A
20
Jonathan Leahy, I have the authority to bind the Corporations
Inc.
I have the authority to bind the Corporations
Jonathan Leahy
Escalade Property Corporation
25 August
25 August 2020
Page 89 of 145
Page 90 of 145
www.sbmltd.ca P-XX-XXX
SHADOW IMPACT STUDY
REV 1
5 PROPOSED 5 STOREY BUILDING S
9 8 KING ST. & 143 TILLSON AVE., TILLSONBURG , ONTARIO
Page 91 of 145
Strik, Baldinelli, Moniz Ltd.
CIVIL STRUCTURAL MECHANICAL ELECTRICAL
1599 Adelaide Street N. Unit 301
London, Ont, N5X 4E8
P: 519.471.6667
L O N D O N L O C AT I O N
w w w .s b m l t d .c a s b m @ s b m l t d .c a
1415 Huron Rd. Unit 225
Kitchener, Ont, N2R 0L3
P: 519.725.8093
K I T C H E N E R L O C AT I O N
Town of Tillsonburg October 22, 2020
10 Lisgar Ave. SBM-19-1269
Tillsonburg, Ontario N4G 5A5
Attn: Eric Gilbert
Re: Shadow Impact Study
98 King Street & 143 Tillson Ave., Tillsonburg, ON
Mr. Gilbert
Strik, Baldinelli, Moniz Ltd, on behalf of JLC Homes & Escalade Properties has prepared the following Shadow Impact
Study, in support of zoning amendments in accordance with the submitted Site Plan application.
1 BUILDING DESCRIPTION (98 KING ST.)
• 5 Storey (49 Unit) Apartment Building
• 991m2 Building Area
• ~51m x 20m Building Footprint
2 BUILDING DESCRIPTION (143 TILLSON AVE.)
• 5 Storey (49 Unit) Apartment Building
• 991m2 Building Area
• ~51m x 20m Building Footprint
3 PROJECT OVERVIEW
Our understanding is the Town of Tillsonburg does not have formal Shadow Impact Study guidelines in place. As
a result, Strik, Baldinelli, Moniz Ltd. (SBM) has employed the City of Waterloo Shadow Study guidelines as the
basis for this report. The City of Waterloo’s guidelines have been widely accepted in many other municipalities,
including The City of London, The City of St. Thomas, and The Municipality of Central Elgin.
As per the City of Waterloo Shadow Study guidelines, the subject sites at 98 King St. & 143 Tillson Ave.
Tillsonburg ON, have been analyzed to ensure:
• As a principle, at least 50% or more of any property should not be shaded for more than two interval times
(a 4-hour equivalency); or
• As a principle, at least 50% of any property should be in full sun for at least two interval times (a 4 -hour
equivalency)
The Shadow Study was prepared to reflect the proposed building massing as described in Section 1, and the
latest concept site plan which depicts the building location & orientation. The following includes an assessment
of the shadows cast by the proposed development in consideration of the guidelines and the existing
permissions (existing zoning).
Page 92 of 145
www.sbmltd.ca SBM-19-1269
4 SOLAR STUDY OVERVIEW
4.1 Spring/Fall Equinox (March/September)
During the Spring/Fall Equinox the shade impact of the proposed building masses will be contained to less than
50% of the proposed site at 98 King St. & 143 Tillson Ave. However, it will impact the adjacent property to the
east of Tilson Ave. For one-time interval, and the impact during that interval will result in more than 50% of the
aforementioned site being shaded for no more than two consecutive time intervals. This is consistent and falls
within the acceptable guidelines stated in Section 2. Other impacts will include a portion of Tilson Ave. being
covered during the time intervals just prior to sunset (~3:00pm-7:00pm)
March 21 – 10am March 21 – 12pm
March 21 – 4pm March 21 – 6pm
March 21 - 6pm (Expanded)
Page 93 of 145
www.sbmltd.ca SBM-19-1269
4.2 Summer Solstice (June)
During the Summer Solstice the shade impact of the proposed building mass will be contained to less than 50%
of the proposed site at 98 King St. & 143 Tillson Ave. However, it will impact the adjacent property to the east
of Tilson Ave. For one-time interval, and the impact during that interval is less than 50% of the aforementioned
site being shaded for no more than two consecutive time intervals. This is consistent and falls within the
acceptable guidelines stated in section 2. Similar to the Spring/Fall Equinox, a portion of Tilson Ave. will be
impacted during the time intervals just prior to sunset (~4-8pm).
June 21 – 10am June 21 – 12pm
June 21 – 4pm June 21 – 6pm
Page 94 of 145
www.sbmltd.ca SBM-19-1269
4.3 Winter Solstice (December)
During the Winter Solstice the shade impact of the proposed building mass will be at its peak due to the minimal
available daylight and lower solar apex. The shade impact of the proposed building mass will be contained to
less than 50% of the proposed site at 98 King St. & 143 Tillson Ave. However, it will impact the adjacent
residential properties to the North-East on Tilson Ave. will be affected and contained to less than 50% of the
aforementioned site for no more than two consecutive time intervals. This is consistent and falls within the
acceptable guidelines stated in section 2. Similar to the Spring/Fall Equinox & Summer Solstice a portion of Tilson
Ave. will be impacted during the time intervals just prior to sunset (~2:00pm-6:00pm). An hourly breakdown
during the Winter solstice has been provided, as requested by the County of Oxford. As shown below, the shade
on the residential properties to the North -East is limited to a time of approximately 1 hour prior to sunset
(sunset occurring at approximately 4:50pm) during the lowest solar apex in this limited window. Shade impacts
beyond sunset (between 4:50pm to 6:00pm) should not be considered as a result.”
December 21 - 10am December 21 – 12pm
December 21 – 1pm December 21 – 2pm
Page 95 of 145
www.sbmltd.ca SBM-19-1269
December 21 - 3pm December 21 – 4pm
December 21 – 5pm & 6pm (Sunset approx. 4:50pm)
Page 96 of 145
www.sbmltd.ca SBM-19-1269
5 CONCLUSION
Due to the size of the buildings, site, and orientation of the proposed buildings, the Shade Impact to adjacent
properties is minimal and generally bounded to the confines of the proposed sites as well as portions of Tilson
Ave. Therefore, based on our analysis of the buildings shadowing, the impact of the proposed massing on
adjacent properties appears to fall within acceptable limits, as per The City of Waterloo Shadow Study Guidelines
as previously stated in Section 3 of this report.
Respectfully submitted,
Strik, Baldinelli, Moniz Ltd.
Civil • Structural • Mechanical • Electrical
Tomislav Tomljenovic, C.Tech. BCIN
Associate, Design & Drafting Manager
Page 97 of 145
FOR OFFICE USE ONLY
DATE PRESCRIBED INFORMATION COMPLETE PIN
REV.APR18
FILE NO:
DATE RECEIVED:
TOWN OF TILLSONBURG
APPLICATION FOR ZONE CHANGE
1.Registered Owner(s):
Name:Phone: Residence:
Address:Business:
Fax:
Postal Code: E-mail:
Applicant (if other than registered owner):
Name: Phone: Residence:
Address: Business:
Fax:
Postal Code: E-mail:
Solicitor or Agent (if any):
Name: Phone: Business:
Address: Fax:
Postal Code: E-mail:
All communications will be sent to those listed above. If you do not wish correspondence to be sent to the
Owner, Applicant, or Solicitor/Agent, please specify by checking the appropriate box.
Name and address of any holders of any mortgage, charges or other encumbrances (if known):
2.Subject Land(s):
a)Location:
Municipality former municipality
Concession No.Lot(s)
Registered Plan No.Lot(s)
Reference Plan No.Part(s)
The proposed lot is located on the side of Street, lying between
Street and Street.
Street and/or Civic Address (911#):
b)Official Plan Designation:Existing:
Proposed:
If the proposed designation is different than the existing designation, has an application for Official Plan Amendment been
filed with the County of Oxford? No Yes
ZN 7-20-14
Sept. 4/20
000280207 & 0040
Barbara G. Rosser 519-293-3210
519-293-3945Box 96, Ailsa Craig, ON
N0M 1A0 brosser@execulink.com
1822094 Ontario Inc. (98 King St.)/Escalade Property Corporation(143 Tillson Ave)
Box 37, Lambeth Station, London, ON 519-203-5170
98 King St: N.A., 143 Tillson Avenue: vendor
Town of Tillsonburg
Part 341, 293 and Part 341/Lot 420-422, Part Lots 423-426
east King
First Third
98 King Street/143 Tillson Avenue
Service Commercial
Residential ("T-1"), High Density Residential ("T-2")
N.A.
N6P 1P9 jlchomes@yahoo.ca
Village of Norwich
Judge's Plan reg as Plan No. 745/Plan 500
Page 98 of 145
TOWN OF TILLSONBURG APPLICATION FOR ZONE CHANGE Page 2
c) Zoning: Present:
Proposed:
d) Uses: Present:
Proposed: (Include description)
3. Buildings/Structures:
For all buildings/structures, either existing or proposed on the subject lands, please supply the following information:
None Existing None Proposed
Existing/Proposed Building 1 Building 2
Use:
Date Constructed (if known):
Floor Area:
Setbacks:
Front lot line
Side lot lines
Rear lot line
Please complete for residential, commercial/industrial or institutional uses.
RESIDENTIAL COMMERCIAL/
INDUSTRIAL
INSTITUTIONAL
TYPE
Apt., semi, townhouse, retail, restaurant, church,
etc.
# OF UNITS N/A
CONVERSION/ADDITION TO EXISTING BUILDING
Describe
TOTAL # OF UNITS/BEDS N/A N/A
FLOOR AREA
by dwelling unit or by type (office, retail
common rooms, etc.)
OTHER FACILITIES
(playground, underground parking, pool, etc.)
# OF LOTS (for subdivision) N/A
SEATING CAPACITY
(for restaurant, assembly hall, etc.) N/A
# OF STAFF N/A
OPEN STORAGE REQUIRED? N/A N/A
ACCESSORY RESIDENTIAL USE? N/A If accessory residential use,
complete residential section
If accessory residential use,
complete residential section
4. Site Information (proposed use(s):
Lot Frontage
Lot Depth
Lot Area
Lot Coverage
Front Yard
Rear Yard
Interior Side Yard
Exterior Side Yard (corner lot)
Landscaped Open Space (%)
No. of Parking Spaces
No. of Loading Spaces
Building Height
Width of Planting Strip
Driveway Width
SERVICE COMMERCIAL ZONE (SC(H))
HIGH DENSITY RESIDENTIAL ZONE (RH-__)
two five storey apartment buildings
vacant
2 five storey apartment buildings
proposed
991.542 m2 each building
varies, see preliminary site plan
49 apt units per bldg
N.A.
varies
landscaped amenity
area
N.A.
N.A.
47.22%
74
N.A.
16.8 m
7.85 m
6313.117 m2
15.71%
8.75 m
23.71 m
10.50 m (s./s),
as per site plan approval
23.71 m (north east)
see preliminary site plan and planning justification report
84.015 m (Tillson Ave)
98.267 m (First Street)
Page 99 of 145
TOWN OF TILLSONBURG APPLICATION FOR ZONE CHANGE Page 3
5. Services: (check appropriate box) Existing Proposed
Water supply Publicly owned and operated piped water system
Privately owned and operated individual well
Other (specify)
Sewage Disposal Publicly owned and operated sanitary sewer system
Privately owned and operated individual septic tank
Other (specify)
Storm Drainage Municipal Sewers Ditches
Municipal Drains Swales
6. Access:
Provincial Highway Unopened Road Allowance
County Road Right-of-Way owned by
Municipal Road maintained all year Other (specify)
Municipal Road seasonally maintained
7. General Information:
a) Is the Subject Land the subject of regulations for flooding or fill and construction permits of the Long Point Region
Conservation Authority? No Yes
If yes, has an Application been filed with the Conservation Authority? No Yes
b) Present land use(s) of adjacent properties:
c) Characteristics of subject land (check appropriate space(s) and add explanation, if necessary)
(i) Does the land contain environmental features such as wetlands, woodlots, watercourses, etc.?
No Yes If yes, describe
(ii) Has any part of the land been formally used for any purpose other than agricultural purposes?
No Yes
If yes, describe former use:
8. Historical Information:
a) Is the subject land the subject of a current Application for Consent to the Oxford County Land Division Committee or a curren t
application for draft plan of subdivision to the County of Oxford?
No Yes Application No.
b) Have the subject land(s) ever been the subject of any other application under the Planning Act, such as an application for
approval of an Official Plan amendment, a zoning by-law amendment, a Minister's Zoning Order amendment, consent, a minor
variance, or approval of a plan of subdivision?
No Unknown
Yes File No. Status/Decision
c) If known, the date the subject land was acquired by the owner?
d) If known, the length of time that the existing uses of the subject land have continued?
plus stormwater management on site per
site plan approval
north: private day care, east: railway line and commercial, south: vacant, west: medium density townhouse condominium
unknown
prior use by Canadian Pacific Railways
TBD
Page 100 of 145
Page 101 of 145
Page 1 of 9
Report No: CP 2021-15
COMMUNITY PLANNING
Council Date: January 19, 2021
To: Mayor and Members of Tillsonburg Council
From: Eric Gilbert, Senior Planner, Community Planning
Application for Zone Change
ZN 7-20-17 – 2563557 Ontario Inc
REPORT HIGHLIGHTS
The application for Zone Change proposes to rezone the subject property from ‘Medium
Density Residential Zone (RM)’ & ‘Low Density Residential Type 1A Zone (R1A)’ to ‘Special
Medium Density Residential Zone (RM-7)’ & ‘Special Neighbourhood Commercial Zone (NC-
6)’ to facilitate the creation of a townhouse development, consisting of 104 units and a 2
storey commercial plaza. The applicant has indicated that the development will be held in
condominium ownership.
A number of special provisions have been requested to facilitate the proposed development,
including increasing the building height, increased maximum number of townhouse dwellings
per block, reduced front yard depth, reduced lot frontage, and reduced parking requirements
for the proposed commercial block.
Planning staff are recommending that the application be supported, as it is generally
consistent with the policies of the Provincial Policy Statement and complies with the relevant
policies of the Official Plan respecting intensification and development within Medium Density
Residential Areas.
DISCUSSION
Background
OWNERS: 2563557 Ontario Inc.
183 Tillson Avenue, Tillsonburg ON N4G 3B1
LOCATION:
The subject lands are legally described as Blocks 21, 22, 23, 24, Plan M-155, Daisy Court &
Daffodil Avenue, in the Town of Tillsonburg. The subject lands are located on the west side of
Quarter Town Line, south of Southridge Road, and north of Trillium Drive, and are municipally
known as 361 Quarter Town Line, Tillsonburg.
Page 102 of 145
Report No: CP 2021-15
COMMUNITY PLANNING
Council Date: January 19, 2021
Page 2 of 9
COUNTY OF OXFORD OFFICIAL PLAN:
Schedule “T-1” Town of Tillsonburg Land Use Plan Residential
Schedule “T-2” Town of Tillsonburg Residential Medium Density
Density Plan Residential
TOWN OF TILLSONBURG ZONING BY-LAW NO.3295:
Existing Zoning: Medium Density Residential Zone (RM)
Low Density Residential Type 1A Zone (R1A)
Proposed Zoning: Special Medium Density Residential Zone (RM-7)
PROPOSAL:
The applicant proposes to rezone the subject lands from ‘Medium Density Residential Zone (RM)’
and ‘Low Density Residential Type 1A Zone (R1A)’ to ‘Special Medium Density Residential Zone
(RM-sp)’ to permit the development of a phased condominium development consisting of 104
townhouses (76 stacked townhouses and 28 street fronting townhouses), and a 2 storey
commercial plaza with an approximate gross floor area of 1,168 m2 (12,580 ft2).
The following special provisions are requested for the proposed Special Medium Density
Residential Zoning:
Increased building height of 12 m (39.4 ft) in lieu of maximum 11 m (36 ft);
Relief of maximum number of multiple unit dwellings per block, to permit 12 units in one
block rather than the maximum 8;
Permit a reduced front yard depth of 5.9 m (19.3 ft) in lieu of required 7.5 m (24.6 ft);
Permit a reduced rear yard depth of 10 m (32.8 ft) in lieu of required 10.5 m (34.4 ft);
Permit a reduced interior side yard width of 3 m (9.8 ft) in lieu of required 3 m (9.8 ft) on
one side and 4.5 m (14.7 ft) on the other;
Provide for the recognition of Quarter Town Line as the frontage of the development;
Provide relief of Section 9.2.1- Distance between Multiple Unit Dwellings on one Lot;
Provide for multiple unit dwellings and street fronting townhouses to front on a private
condominium street;
a reduced parking requirement for the commercial plaza, to permit 41 parking spaces in
lieu of the required 52 parking spaces;
Commercial uses permitted within the Neighbourhood Commercial Zone;
Provide for internal lot lines created through phased condominium approval to not be
construed as internal lot lines for the purpose of interpreting the zoning.
The subject lands have an approximate area of 2.1 hectares (5.2 ac) and are currently vacant.
The lands include former road allowances for Daisy Court and Daffodil Drive that were deemed
surplus by the Town of Tillsonburg and transferred to the developer.
Surrounding land uses include low density residential uses consisting of single detached
dwellings to the south and north, townhouses to the west, a medium density townhouse
development to the east, with Southridge Public School and parkland to the north.
Plate 1, Existing Zoning and Location Map, shows the location of the subject property and the
existing zoning in the immediate vicinity.
Page 103 of 145
Report No: CP 2021-15
COMMUNITY PLANNING
Council Date: January 19, 2021
Page 3 of 9
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.
The applicant has submitted a site plan approval application for the proposed development which
is currently under review.
Application Review
2020 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.
Page 104 of 145
Report No: CP 2021-15
COMMUNITY PLANNING
Council Date: January 19, 2021
Page 4 of 9
OFFICIAL PLAN:
The subject property is designated Medium Density Residential as per Schedule T-2, Residential
Density Plan for the Town of Tillsonburg, as contained in the Official Plan.
Medium Density Residential areas are those lands that are primarily developed or planned for low
profile multiple unit development that exceed densities established in Low Density Residential
Districts. Residential uses within Medium Density Residential areas include townhouses, cluster
houses, converted dwellings, and apartment buildings.
The maximum net residential density in the Medium Density Residential Districts is 62 units per
hectare (25 units per acre) and no building shall exceed four storeys in height at street elevation.
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;
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.
All proposals for medium density residential development shall be subject to site plan control.
When considering any specific proposal for medium density residential development, Town
Council will be satisfied that the criteria of Section 8.2.5 are adequately addressed.
TOWN OF TILLSONBURG ZONING BY-LAW:
The subject property is currently zoned ‘Medium Density Residential Zone (RM)’ & ‘Low Density
Residential Type 1A Zone (R1A)’, according to the Town of Tillsonburg Zoning By-law. The R1A
Zone permits a single detached dwelling and home occupation, and the RM zone permits an
apartment dwelling, converted dwelling, group home, multiple unit dwelling, public use, and street
fronting townhouse.
Page 105 of 145
Report No: CP 2021-15
COMMUNITY PLANNING
Council Date: January 19, 2021
Page 5 of 9
The applicant is proposing to rezone the subject property to ‘Special Medium Density Residential
Zone (RM-sp)’ to permit 104 townhouses and 1 two-storey commercial building with reduced
parking requirements. The special provisions requested for the proposed Medium Density
residential portion of the development have been detailed previously in this report.
The proposed development includes street fronting townhouses and stacked townhouses, both
of which are considered multiple unit dwellings.
Section 9.2.1 of the Medium Density Residential zone requires a minimum distance of 12.5 m (41
ft) between the exterior walls of two multiple unit dwellings, or 12 m (39.4 ft) where either or both
walls contain a window to a habitable room, or 3.6 m (11.8 ft) where neither wall contains a window
to a habitable room.
For a street fronting townhouse, the RM zone permits a maximum of 8 units per block, requires a
minimum lot area of 150 m2 (1,614 ft2) per dwelling unit or 240 m2 (2,583.4 ft2) for an end unit, a
maximum lot area of 320 m2 (3,445 ft2) per dwelling unit, lot frontage of 5 m (16.4 ft) for an interior
unit, 8 m (26.2 ft) for an end unit, lot depth of 30 m (98.4 ft), front yard depth of 6 m (19.7 ft),
exterior side yard width of 6 m (19.7 ft), rear yard depth of 7.5 m (24.6 ft), interior side yard width
of 3 m (9.8 ft) for end units, setback of 20.5 m (67.3 ft) from the centreline of an arterial road
(Quarter Town Line), and maximum building height of 11 m (36.1 ft).
For a multiple unit dwelling, the RM zone permits a maximum of 8 units per building, requires a
minimum lot area of 160 m2 (1,722 ft2) per dwelling unit, a maximum lot area of 320 m2 (3,445 ft2)
per dwelling unit, lot frontage of 20 m (65.5 ft), lot depth of 30 m (98.4 ft), front yard depth of 7.5
m (24.6 ft), rear yard of 10.5 m (34.4 ft), interior side yard width of 4.5 m (14.8 ft) and 3 m (9.8 ft),
setback of 20.5 m (67.3 ft) from the centreline of an arterial road (Quarter Town Line), and
maximum building height of 11 m (36.1 ft).
Section 5.24.2.1 of the Zoning By-Law requires 1.5 parking spaces per multiple unit dwelling, or
114 parking spaces for the 76 proposed multiple unit dwelling units. The 1.5 spaces per dwelling
unit includes visitor parking requirements. Street fronting townhouses are required to have 2
spaces per unit, or 56 parking spaces for the 28 proposed street fronting townhouses. The
attached garages can accommodate one of the required spaces. Based on this, the development
appears to provide the required parking for the residential uses.
Permitted uses within the Neighbourhood Commercial Zone include a convenience store, daycare
centre, dry cleaning depot, eating establishment (excluding a drive through facility), fitness club,
personal service establishment, postal outlet, public library, public use, studio, and accessory
dwelling unit in the upper storey of a building containing a permitted non-residential use.
The parking requirements for the proposed commercial building are based on the floor area and
the proposed uses. A personal service establishment, convenience store, library, and studio
require 1 parking space per 20 m2 (215.3 ft2). An eating establishment requires 1 parking space
per 9 m2 (96.9 ft2); all other uses permitted in the NC zone require 1 parking space per 40 m2 (430
ft2). Depending on the use of the building, the parking requirements could vary from 30-60 spaces
for business/institutional uses to 130 spaces if the commercial building was solely occupied by an
eating establishment.
Page 106 of 145
Report No: CP 2021-15
COMMUNITY PLANNING
Council Date: January 19, 2021
Page 6 of 9
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:
- Quarter Town Line to be identified as the front lot line;
- Commercial uses should comply with parking requirements as contained in the Zoning
By-Law due to internal streets being designated as a fire route with no parking permitted
and the potential parking generation of the proposed permitted uses.
Oxford County Public Works Department indicated that they had no comments on the zoning by-
law amendment.
The Town Development Commissioner provided the following comments:
Tillsonburg Town Council approved the conveyance of the public roadways formerly included in
this plan of subdivision at their April 14, 2020 meeting based on a request from the current owner
who indicated that, since the property was first planned to be developed in the 1990s, market
conditions and demand have changed quite substantially. The current developer has adjusted
the development plan for the property in order to meet current market needs.
The proposed conveyance back to the developer provided a number of potential benefits:
• Reduced service requirements for the Town in terms of future maintenance and rehabilitation;
• Elimination of a roadway access point into a school zone on South Ridge Avenue while
maintaining pedestrian access;
• Elimination of roadways in an area already surrounded by secondary roadways; etc.
The proposed conveyance will also provide for dual access into a private development with
access points onto both Quarter Town Line and Trillium Drive, while not providing a throughway
for other traffic.
The revision of the development plan allows the repurposing of the lands to meet current market
demands for lower cost housing through increased intensification. While the Town is currently
seeing an increase in higher density housing, it is still primarily a “ground based” development
community.
I initially had some concerns about the Commercial Development Units not fronting on Quarter
Town Line, but in reviewing further, locating the commercial units internally will help avoid traffic
congestion on Quarter Town Line. The commercial units will presumably provide neighbourhood
services for the development and wider area and can be accessed via Trillium Dr and off Quarter
Town Line. The introduction of commercial units at the north end of the Town is desirable and
will help provide amenities to a much larger area that is largely unserviced at this time (except for
grocery at Sobeys, auto dealers, etc) and will be convenient for north bound traffic on Quarter
Town Line as well.
Tillsonburg District Chamber of Commerce indicated that they are in support of the application
with the following comments:
Page 107 of 145
Report No: CP 2021-15
COMMUNITY PLANNING
Council Date: January 19, 2021
Page 7 of 9
Concerns about overflow parking as it seems most driveways only have room for 1 vehicle
and the roadways within the condominium development are too narrow for parking;
Has there been consideration where visitors and those with second vehicles would park?
Visibility can be an issue with young children walking to/ from school.
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, November 26,
2020 & January 5, 2021, in accordance with the requirements of the Planning Act.
Planning Analysis
The applicant proposes to rezone the subject property to ‘Special Medium Density Residential
Zone (RM-7)’ to facilitate the development of 76 stacked townhouses, 26 street fronting
townhouse units and a two storey commercial building, served by private streets with access to
Quarter Town Line Road and Trillium Drive.
It is the opinion of staff that the proposed amendments are consistent with the relevant policies of
the PPS as the proposed development is compact, cost-effective, and an efficient land use pattern
that minimizes land consumption and servicing costs. The proposed development also
contributes to an overall mix of housing types to accommodate current and future residents of the
regional market area and will provide an additional market-based housing option in the Town of
Tillsonburg.
It is the opinion of this office that the subject application is consistent with the policies for Medium
Density Residential areas within the Town. The Medium Density Residential designation is
intended to support low profile multiple unit development, including townhouses, converted
dwellings and apartment buildings. The site has been zoned for Medium Density Residential uses
since 1994 and is located in an area that is surrounded by existing medium density residential
development to the east and northeast, and a mix of low density uses to the south, north and west
consisting of townhouses and single detached dwellings. Due to the mix of uses in the area, it is
the opinion of staff that the proposed development is appropriate for the area with respect to the
nature, character and scale of adjacent uses. Further to this, staff are satisfied that the proposed
number of units is also consistent with the medium density designation requirements.
The site can provide adequate off-street parking for the proposed residential uses and is located
in an area where services and amenities such as schools, leisure facilities, shopping and parks
are within a reasonable distance. Adequate municipal services are available to service the site.
The area currently zoned R1A that is proposed to be rezoned for medium density purposes is
proposed to be used for a sidewalk and pedestrian connection to Southridge Road and Southridge
Public School; no further development is proposed for this area.
With respect to the applicant’s request for site specific zoning to permit the street fronting
townhouses and stacked townhouses (defined as multiple unit dwellings) to front on a private
street, staff are of the opinion that it would be appropriate to include a zoning provision applying
to the whole of the lands that ensures appropriate setbacks from lot lines created through future
phases of the condominium.
To assist in interpreting the zoning for this development, staff recommend that the lot frontage be
defined as the easterly lot line adjacent to Quarter Town Line Road; other frontage that is present
on Trillium Drive and Southridge Road will not have any buildings fronting to the street. The
Page 108 of 145
Report No: CP 2021-15
COMMUNITY PLANNING
Council Date: January 19, 2021
Page 8 of 9
proposed reduction to the front yard depth is considered appropriate in this instance as the front
yard depth will actually function as a rear yard and amenity area as the proposed vehicular access
is from the west side of the townhouse blocks. This arrangement will be beneficial to the
streetscape of Quarter Town Line as the buildings will address the street rather than be an
expanse of backlotted rear yards.
The other zoning requests reduced rear yard depth, interior side yard width, and for reduced
separation between multiple unit dwelling buildings and relief of maximum number of buildings
per block have also been considered appropriate as the proposal will be required to be compliant
with all provisions of the Ontario Building Code, including provisions relating to spatial separation
between buildings. The increased building height is also considered appropriate for the type of
housing form contemplated, being a stacked townhouse, and will be appropriate for the proposed
commercial building.
The proposed development is currently under review through the site plan approval process to
ensure matters such as building location, lighting, parking, accessibility, grading, stormwater
management, landscaping, privacy screening and garbage collection will be addressed to
minimize impacts on surrounding residential uses.
With respect to the proposed commercial uses, Planning staff note that neighbourhood serving
uses are considered permitted uses within the Medium Density Residential designation and can
be considered appropriate as the proposed uses will largely serve the residents of this
development and the surrounding neighbourhood.
Staff do not have concerns with the proposed uses, but recommend that no parking relief be
granted for the commercial block at this time. The actual parking requirements cannot be
calculated until the proposed uses are determined, and staff concur with the comments provided
by the Town Building Department that all required parking should be provided, particularly given
that the no parking is permitted on any of the private streets within the development. Some of the
permitted uses, such as a daycare centre, may have significant peak parking demand and could
conflict with other commercial uses that may cause congestion and parking difficulties. Staff
would be better able to determine if parking relief is warranted once the proposed tenants of the
commercial space are determined to see if there are peak parking demand conflicts or other
considerations that warrant parking relief.
In light of the foregoing, Planning staff are satisfied that the proposal is consistent with the policies
of the Provincial Policy Statement and maintains the intent and purpose of the Official Plan.
As such, staff are satisfied that the application can be given favourable consideration.
An amending by-law will be brought forward once the necessary amending by-law schedules
have been prepared.
Page 109 of 145
Report No: CP 2021-15
COMMUNITY PLANNING
Council Date: January 19, 2021
Page 9 of 9
RECOMMENDATION
It is recommended that the Council of the Town of Tillsonburg approve-in-principle the
zone change application submitted by 2563557 Ontario Inc, whereby the lands described
Blocks 21, 22, 23, 24, Plan M-155, Daisy Court & Daffodil Avenue, in the Town of Tillsonburg
known municipally as 361 Quarter Town Line are to be rezoned from ‘Low Density
Residential Type 1A Zone (R1A)’ & ‘ Medium Density Residential Zone (RM)’ to ‘Special
Medium Density Residential Zone (RM-7)’ & ‘Special Neighbourhood Commercial Zone
(NC-6) to facilitate the development of a residential development consisting of 104 dwelling
units and a neighbourhood commercial block.
SIGNATURES
Authored by: Eric Gilbert, MCIP RPP
Senior Planner
Approved for submission: Gordon K. Hough, RPP
Director
Page 110 of 145
November 11, 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)
Quarter
Town Line
Trillium
Drive
Southridge
Road
Tulip
Drive
Dogwood
Drive
Plate 1- Existing Zoning and Location Map
File No. ZN 7-20-17 - 2563557 Ontario Inc
Blocks 21, 22, 23, 24, Plan M-155, Daisy Court & Daffoldil Avenue- Town of Tillsonburg
Page 111 of 145
November 11, 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 2- 2015 Aerial Map
File No. ZN 7-20-17 - 2563557 Ontario Inc
Blocks 21, 22, 23, 24, Plan M-155, Daisy Court & Daffoldil Avenue- Town of Tillsonburg
Dogwood
Drive
Tulip
Drive
Southridge
Road
Quarter
Town Line
Trillium
Drive
Subject
Property
Page 112 of 145
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Page 117 of 145
Page 1 of 6
Report No: CP 2021-13
COMMUNITY PLANNING
Council Date: January 19, 2021
To: Mayor and Members of Tillsonburg Council
From: Eric Gilbert, Senior Planner, Community Planning
Application for Zone Change
ZN 7-20-18 – S.S.A. Canada Inc (Blunt and Cherry Limited)
REPORT HIGHLIGHTS
The application for rezoning has been submitted to permit a retail store for the sale of
cannabis on the subject lands.
Planning staff are recommending that the application not be supported, as it does not
maintain the intent and purposes of the Official Plan to encourage commercial uses, including
small retail uses, to be located in the Central Area of the Town.
DISCUSSION
Background
OWNER: S.S.A. Canada Inc.
40 Neville Crescent, Brampton ON L6S 5K9
APPLICANT: Blunt and Cherry Limited
64 Spadina Avenue, Toronto ON M5V 2H8
LOCATION:
The subject lands are legally described as Part Lot 31, Plan 1653, and Part 2 of 41R-9189 in the
Town of Tillsonburg. The lands are located on the southeast corner of the intersection of Simcoe
Street and Goshen Street, and are municipally known as 145 Simcoe Street in Tillsonburg.
COUNTY OF OXFORD OFFICIAL PLAN:
Schedule “T-1”
Town of Tillsonburg
Land Use Plan
Service Commercial
TOWN OF TILLSONBURG ZONING BY-LAW NO.3295:
Existing Zoning: Service Commercial Zone (SC)
Proposed Zoning: Special Service Commercial Zone (SC-sp) to permit a retail store
Page 118 of 145
Report No: CP 2021-13
COMMUNITY PLANNING
Council Date: January 19, 2021
Page 2 of 6
PROPOSAL:
The purpose of the application is to rezone the subject lands to include a retail store as an
additional permitted use on the subject property.
The subject lands are approximately 0.3 ha (0.75 ac) in size, and contain an existing service
commercial plaza with residential units in the upper level. The proposed retail store will occupy
a vacant commercial space with an approximate area of 167.3 m2 (1800 ft2).
Surrounding land uses fronting on Simcoe Street are predominately commercial, with residential
uses to the south and southwest.
Plate 1, Location Map with Existing Zoning, 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 Sketch depicts the location of the existing plaza and parking areas.
Application Review
2020 PROVINCIAL POLICY STATEMENT:
Section 1.1.1 of the PPS indicates that healthy, liveable and safe communities are sustained by
promoting efficient development and land use patterns which sustain the financial well-being of
the Province and municipalities over the long-term, accommodating an appropriate range and mix
of residential, employment (including industrial and commercial), institutional, recreation, park and
open space uses to meet the long-term needs.
The policies of Section 1.1.3.1 state that settlement areas shall be the focus of growth and
development.
Further, Section 1.3.1 of the PPS directs that planning authorities shall promote economic
development and competitiveness by:
a) providing for an appropriate mix and range of employment, institutional uses and broader
mixed uses to meet long-term needs;
b) providing opportunities for a diversified economic base, including maintaining a range and
choice of suitable sites for employment uses which support a wide range of economic
activities and ancillary uses, and take into account the needs of existing and future
businesses;
c) facilitating the conditions for economic investment by identifying strategic sites for
investment, monitoring the availability and suitability of employment sites, including market -
ready sites, and seeking to address potential barriers to investment;
d) encouraging compact, mixed-use development that incorporates compatible employment
uses to support liveable and resilient communities; and,
e) ensuring the necessary infrastructure is provided to support current and projected needs.
Further, according to Section 1.7, long-term prosperity should be supported by maintaining and,
where possible, enhancing the vitality and viability of downtowns and mainstreets.
Page 119 of 145
Report No: CP 2021-13
COMMUNITY PLANNING
Council Date: January 19, 2021
Page 3 of 6
OFFICIAL PLAN:
The subject lands are designated ‘Service Commercial’ according to the Land Use Plan for the
Town of Tillsonburg, as contained in the Official Plan. Areas designated for Service Commercial
use are intended to provide for a broad range of commercial uses that, for the most part, are not
suited to locations within the Central Area because of their site area, access or exposure
requirements or due to incompatibility or land use conflicts with residential development.
Generally, Service Commercial uses cater to vehicular traffic and single-purpose shopping trips
where customers are typically generated from passing traffic or a wide ranging market area.
Service Commercial uses will have access to an arterial or collector road.
New uses permitted within the Service Commercial designation include commercial recreational
establishments, automotive service stations, gas bars, car wash facilities, retail sales of
automotive supplies, automated teller machines or kiosks, tourist information outlets or kiosks,
hotel, motels, automotive services, automotive dealerships, building supply outlets and hardware
stores, nurseries and garden centres, animal hospitals and boarding kennels, assembly halls and
private clubs, personal services, convenience commercial uses, retail food stores, recreation and
entertainment uses, restaurants, uses which require large areas for on-site storage of goods or
vehicles and other types of commercial uses that offer service to the travelling public, business
and industry.
The scale of uses within the Service Commercial designation will generally range from 3,500 ft 2
(325 m2) to 50,000 ft2 (4,645 m2). Uses of less than 3,500 ft2 (325 m2) will be encouraged to
locate in the Central Area, where appropriate.
The vision of the Central Area as articulated in the Official Plan is for a multi-functional core,
serving as the business, cultural and administrative centre of the Town with sub areas to increase
the diversity of activities to increase the number of people living and working in the Central Area
of the Downtown.
It is intended that the retail function of the Central Area is to be promoted by continuing to permit
a full range of uses in the commercial core, while limiting the type, size, and scale of retail uses
which are permitted outside the commercial core through the Zoning By-Law.
The Central Area will be the first priority location for shopping area facilities and other uses that
serve the primary trade area. New commercial development should, where feasible, be located
in the Central Area to complement the existing commercial structure of the Central Area. New or
expanding retail developments outside of the Central Area requiring a planning approval will be
subject to planning and market impact studies in accordance with Section 8.3.3.1 which show to
the satisfaction of the County and the Town of Tillsonburg, that the type and size of proposed
facilities are warranted, that no suitable Central Area locations are available for such facilities,
and that the planned function of Tillsonburg’s Central Area will not be significantly p rejudiced or
impacted.
TOWN OF TILLSONBURG ZONING BY-LAW:
The subject property is currently zoned ‘’Service Commercial Zone (SC)’, according to the Town
of Tillsonburg Zoning By-law.
Permitted uses within the ‘Service Commercial Zone (SC)’ include a wide variety of automobile -
oriented service-commercial uses outlined in Section 14.1.
Page 120 of 145
Report No: CP 2021-13
COMMUNITY PLANNING
Council Date: January 19, 2021
Page 4 of 6
A Retail Store is defined as “a building or part of a building, in which goods, wares, merchandise,
or articles are offered for sale, but do not include any establishment otherwise defined or classified
herein”.
A retail store is not a permitted use in the Service Commercial Zone.
AGENCY COMMENTS:
The application was circulated to various public agencies considered to have an interest in the
proposal.
The Tillsonburg Building Services Department provided the following comments:
applicant should confirm/demonstrate that the proposed location will meet Alcohol and
Gaming Commission of Ontario requirements;
applicant should be required to demonstrate that this is not a viable option within the
permitted Central Commercial zone;
this Department has concerns that a precedent will be established that could potentially
lead to similar uses such as the LCBO to leave the Central Area;
if approved, should be through a temporary use by-law to permit the proposed use until it
ceases to exist.
The Town Development Commissioner provided the following comment:
This application represents the third potential cannabis retail operation in the Town after 52
Simcoe St and 200 Broadway. It would appear that the two Simcoe Street operations (both
proposed) would be approximately 700 metres apart. No concern with this as the distance
between them as presumably the government is allowing the market to decide in terms of
success/failure of potential operations.
Both locations are in fairly close proximity to industrial areas, which could potentially increase the
availability of the product for workers that may work in dangerous occupations, but I’m not aware
of any restrictions or minimum separation distances between cannabis retail and industry.
In terms of the 145 Simcoe St property, the property has suffered from above average vacancy
over the past few years so the potential for a new tenant could result in reinvestment in the
property and enhanced streetscape.
The Town of Tillsonburg Engineering Services Department, and Oxford County Public Works
Department have indicated they have no comment with respect to this application.
Page 121 of 145
Report No: CP 2021-13
COMMUNITY PLANNING
Council Date: January 19, 2021
Page 5 of 6
PUBLIC CONSULTATION:
Notice of complete application and notice of public meeting regarding this application were
circulated to surrounding property owners on November 26, 2020 and January 5, 2021, in
accordance with the requirements of the Planning Act. As of the writing of this report, no
comments have been received from the public.
Planning Analysis
The application for zone change proposes to permit a retail store for the sale of cannabis on the
subject lands. The use is proposed to be established within a vacant storefront, approximately
167.3 m2 (1800 ft2) in size. The current legislation governing the establishment of cannabis retail
outlets is such that the Town’s Zoning By-Law cannot limit a retail use to specifically the sale of
cannabis as a separate distinct use. As such, a cannabis retail outlet can only be operated from
a site that permits a retail store that allows for a broad range of retail activities.
The policy framework for employment areas in Tillsonburg as contained in the Official Plan is
designed to ensure that the Central Area of the Town, encompassing the Central Business District
and the Entrepreneurial District, remains as the most functionally diverse area of the Town and
will serve as the primary business, cultural, and administrative centre within the Town. Supporting
elements of the policy framework include Official Plan policies directing business, professional,
retail and other uses to the Central Area first, and limiting the proliferation of these uses elsewhere
in the Town.
It is clear that the Official Plan’s strategic goal is to provide a range of locations for new or
expanded retail facilities within the Central Area, wherever possible and practical. New
commercial development should, wherever feasible, be located in the Central Area to complement
the existing commercial structure of the Central Area.
In this particular instance, Planning staff are of the opinion that the establishment of a retail store,
as proposed on the subject lands, does not maintain the general intent and purpose of the Official
Plan. Service Commercial areas are not intended to accommodate a broad range of commercial
uses that are typically characteristic of the Central Area location and will not directly compete with
the Central Area.
The size of the proposed retail use is less than the threshold of 3,500 ft2 (325 m2) established in
the policies of the Service Commercial designation, which is considered to be the size where uses
may not be able to be readily accommodated in the Central Area. Uses smaller than this threshold
are expected to locate in the Central Area.
While there have been limited instances of retail development in service commercial areas in
Tillsonburg in the recent past, such as donated goods retail stores, in these instances, such uses
have been typically identified as requiring larger areas for donated goods drop off, sorting, and
disposal needs. Many of these uses also typically include an employment or training use in part
of their business model. Due to these unique characteristics, these uses may not be well suited
to a Central Area location. These types of retail uses can be differentiated from other retail uses
that can be more readily accommodated in the Central Area on the basis of scale and area
requirements that may not be suitably accommodated within the Central Area for the use to
properly function.
Page 122 of 145
Report No: CP 2021-13
COMMUNITY PLANNING
Council Date: January 19, 2021
Page 6 of 6
Further to this, the scale and nature of the proposed cannabis retail store does not suggest that
the site area, access or exposure requirements are such that a Service Commercial location is
warranted. The proposed use also does not appear to have obvious conflicts with residential
development. Staff are also of the opinion that the proposed use does not cater to vehicular traffic
and does not appear to be a single-purpose use, reliant on passing traffic or on a wide-ranging
market area any more than many other uses typically directed to the Central Area.
In light of the policy direction in the Official Plan to direct all professional, retail, and business
offices to the Central Area first, and only permit business uses in Service Commercial areas that
have demonstrated they are not suited to the Central Area because of their land area, building
area, access or exposure requirements, or compatibility requirements, Planning staff are of the
opinion that locating the proposed retail store on lands designated for service commercial use
does not satisfy these policy tests and does not comply with the general intent and purpose of the
Official Plan.
In the event that Council chooses to give favourable consideration to this proposal, and to protect
the Central Area of the Town as contemplated by the Official Plan policies, Planning staff
recommend that Council enact a temporary use by-law under Section 39 of the Planning Act to
permit the proposed retail store for a temporary period of not more than three years, with the
possibility of future 3 year renewals. This would permit the cannabis retail store use as proposed
and if the use ceased, the permissions for a retail store use would lapse.
RECOMMENDATION
1. It is recommended that the Council of the Town of Tillsonburg not approve the zone
change application submitted by S.S.A. Canada Inc., whereby the lands described as
Part Lot 31, Plan 1653, and Part 2 of 41R-9189, Town of Tillsonburg, known
municipally as 145 Simcoe Street are to be rezoned from ‘Service Commercial Zone
(SC)’ to ‘Special Service Commercial Zone (SC-xx)’ to permit a retail store as an
additional permitted use on the subject lands as the proposal does not maintain the
intent and purpose of the Official Plan regarding development in Service Commercial
areas.
SIGNATURES
Authored by: “original signed by” Eric Gilbert, MCIP, RPP
Senior Planner
Approved for submission by: “original signed by” Gordon K. Hough, RPP
Director
Page 123 of 145
November 24, 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 7-20-18 - S.S.A. Canada Inc
Part Lot 31, Plan 1653, Part 2 of 41R-9189- 145 Simcoe Street, Town of Tillsonburg
Simcoe
Street
Goshen
Street
Duncan
Street
Neff
Alley
Page 124 of 145
November 24, 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)
Simcoe
Street
Goshen
Street
Plate 2- 2015 Aerial Map
File No. ZN 7-20-18 - S.S.A. Canada Inc
Part Lot 31, Plan 1653, Part 2 of 41R-9189- 145 Simcoe Street, Town of Tillsonburg
Page 125 of 145
Plate 3- Applicant's Sketch File No. ZN 7-20-18 - S.S.A. Canada Inc Part Lot 31, Plan 1653, Part 2 of 41R-9189- 145 Simcoe Street, Town of TillsonburgPage 126 of 145
TOWN OF TILLSONBURG
APPLICATION FOR ZONE CHANGE
1. Registered Owner(s):
Name: S . S . A. Canada Inc . Phone: Residence: 416 -83 6 - 2 732
Address: 4 0 Neville Crescent, Brampton, ON Business:--------
Fax: _________ _
Postal Code: L6S 5K9 ------------E-mail: sukhvinder-gill@hotmail.com
Applicant (if other than registered owner):
Name: Blunt and Cherry Ltd. Phone: Residence: 416 - 9 04 - 8 8 84
Address: 64 Spadina Ave, Toronto, ON Business: 416-977-9343
Fax: _________ _
Postal Code: M5V 2H8 ------------E-mail: behai@bluntandcherry.com
Solicitor or Agent (if any):
Name:____________________ Phone: Business:--------
Address:______________________ Fax:----------
Postal Code:------------E-mail: ------------------
All communications will be sent to those listed above. If you do not wish correspondence to be sent to the
D Owner, D Applicant, or D Solicitor/Agent, please specify by checking the appropriate box.
Name and address of any holders of any mortgage, charges or other encumbrances (if known):
Royal Bank of Canada, Commercial Financial Services
6880 Financial Dr. 2nd Floor, Mississauga, ON L5N 7Y5
2. Subject Land(s):
a) Location:
Municipality Ti 11 s onburg former municipality _____________ _
Concession No. ___________ _ Lot(s) Part Lot 31
Registered Plan No. ~1~6=-=5"""'3 _______ _ Lot(s) _________________ _
Reference Plan No. -----------Part(s) Part 2 41R 9189
The proposed lot is located on the South side of Simcoe Street, lying between
Goshen Street and n/ a Street. -----~-------~
Streetand/orCivicAddress(911#): 145 Simcoe St., Tillsonburg, N4G 2J4
b) Official Plan Dei;;ignation: Existing: Service Commercial
Proposed: Service Commercial
If the proposed designation is different than the existing designation, has an application for Official Plan Amendment been
filed with the County of Oxford? N /A D No D Yes
FOR OFFICE USE ONLY
DATE PRESCRIBED INFORMATION COMPLETE PIN
REV .JAN 2020
ZN 7-20-18
Rec'd: Oct. 30/20
000440388
c/o Mr. Sukvinder Shergill
c/o Ms. Be Hai Lieu
Page 127 of 145
NN OF TILLSONBURG APPLICATION FOR ZONE CHANGE
c) Zoning: Present: Service Commercial Zone (SC)
Proposed: Special Service Commercial Zone (SC-sp)
d) Uses: Present: Vacant, formerly a restaurant
Proposed: (Include description) Cannabis retail store
3. Buildings/Structures:
For all buildings/structures, either existing or proposed on the subject lands, please supply the following information:
D None Existing D None Proposed
Existing/Proposed Building 1 Building 2
Use: Restaurant Cannabis retail store
etc.
Date Constructed (if known): 1965
Floor Area: 1!800 sg. ft
Setbacks:
Front lot line Existing
Side lot lines Existing
Rear lot line E2d st h:ig
Please complete for residential, commercial/industrial or institutional uses.
RESIDENTIAL
TYPE
Apt., semi, townhouse, retail, restaurant, church,
#OF UNITS
CONVERSION/ADDITION TO EXISTING BUILDING
Descrihe
No change
No change
No change
No change
No change
COMMERCIAL/
INDUSTRIAL
Retail
1
No ~J:?:c:l:J].9~~
other than use
TOTAL#OFUNirsleiios"····································································· ... ........................... . .... NiA············ ................................................... NiA""
.......................................................................................................................... " ......................................................................................................................................................... .
FLOORAREA Retail space
by dwelling unit or by type (office, retail
common rooms, etc.) is 1, 8 0 0 sq. ft
.......................................................................................................................................
OTHER FACILITIES
(playground, underground parking, pool, etc.) None
INSTITUTIONAL
N/A
Page 2
#OF LOTS (for subdivision) ............................ N/A······················································NiA·······································
sEiiriNGCAPACiTY
(for restaurant, assembly hall, etc.)
#OF STAFF
OPEN STORAGE REQUIRED?
N/A
N/A
N/A
N/A
8-10
No N/A
························Acc·Esso·Rv-·RE~ii·o·E-NTi.AL".ii-~i"E.? ··········································································· ....................................... . N/A ............................................ ·if·····accessoryresiiieiiiiai use, ... ifaccessory.res.iCienii"af" .. use,
complete residential section complete residential section
4. Site Information (proposed use(s):
Lot Frontage Parking (existing) Exterior Side Yard (corner lot)
Lot Depth N /A (existing) Landscaped Open Space (%)
Lot Area NIA (existing) No. of Parking Spaces
Lot Coverage
_Front Yard
Rear Yard
Interior Side Yard
N,/A (existing)
N/A (existing)
NIA (existing)
Delivery area
No. of Loading Spaces
Building Height
Width of Planting Strip
Driveway Width
NIA (existing)
NIA (existing)
14 (existing)
None
N/A (existing)
N/A
NIA
Page 128 of 145
)WN OF TILLSONBURG APPLICATION FOR ZONE CHANGE
Services: (check appropriate box)
Water supply
Sewage Disposal
Storm Drainage
6. Access:
Publicly owned and operated piped water system
Privately owned and operated individual well
Other (specify) _________ _
Publicly owned and operated sanitary sewer system
Privately owned and operated individual septic tank
Other (specify) _________ _
Municipal Sewers
Municipal Drains
Ditches
Swales
D
D
Provincial Highway
County Road
D Unopened Road Allowance
Municipal Road maintained all year
Municipal Road seasonally maintained
7. General Information:
~
IX
D
Right-of-Way owned by
Other (specify)
Page 3
Existing Proposed
~ M
D D
D D
~ ~
D D
D D
D
D
D
a) Is the Subject Land the subject of regulations for flooding or fill and construction permits of the Long Point Region
Conservation Authority? IX No D Yes
If yes, has an Application been filed with the Conservation Authority? IX No D Yes
b) Present land use(s) of adjacent properties:
Retail
c) Characteristics of subject land (check appropriate space(s) and add explanation, if necessary)
(i) Does the land contain environmental features such as wetlands, woodlots, watercourses, etc.?
IX No D Yes If yes, describe---------------------------
(ii) Has any part of the land been formally used for any purpose other than agricultural purposes?
D No IX Yes
If yes, describe former use:
Commercial/retail
8. Historical Information:
a) Is the subject land the subject of a current Application for Consent to the Oxford County Land Division Committee or a current
application for draft plan of subdivision to the County of Oxford?
~ No D Yes ---+ Application No.
b) Have the subject land(s) ever been the subject of any other application under the Planning Act, such as an application for
approval of an Official Plan amendment, a zoning by-law amendment, a Minister's Zoning Order amendment, consent, a minor
variance, or approval of a plan of subdivision?
D No ~ Unknown
CJ Yes ---+ File No. ______ _ Status/Decision _________ _
c) If known, the date the subject land was acquired by the owner?
d) If known, the length of time that the existing uses of the subject land have continued?
Page 129 of 145
TOWN OF TILLSONBURG APPLICATION FOR ZONE CHANGE Page4
f" .................................................................. Autilorizii't"i'O"ii''of6w'ii'e'r(s')"t'O'r'A·i>"i>"ii"cantiA9iiii"i"fo.ii.iiai<e.ttie.)i."j)'j)ii"catio.ii .................................................................... l
j11We, S.S. A. Canada Inc. , am/are the owner(s) of the land that is the subject of this application for zonej
\change and I/We authorize Blunt and Cherry Ltd. , to make this application on my/ ur behalf. \
l.~:~ ... ~.:..~ .. ~.~.~~ ...................... §@.~.t~.~~ ..... ~ .. l ............................................................... §~9~.9.t~.r.~ .. 9X.9.~~.~.~{~ .... : .... : ........................................... !
I have authority to bind the
corporation
THIS SECTION TO BE COMPLETED IN THE PRESENCE OF A COMMISSIONER FOR TAKING AFFIDAVITS
IM/e _ &. H t\. • \;t ,e_,u of the __ (_~~~-}+--,------
of $MD-\ o in the ·-p<Dvlo L!L of Drtl txr \ O
DO SOLEMNLY DECLARE THAT:
All of the prescribed information contained in this application is true and that the information contained in the documents that may accompany
this application is true and I make this solemn declaration conscientiously believing it to be true and knowing that ii is of the same force and
effect as if made under oath and by virtue of the Canada Evidence Act.
,~~ DECLARE~ be!ore me at the _...,IC .... ;_,+_i,___ ____ _
of ~'S'S..\ SSc.....J"' in the
, Jf 1"-....L ·-p .. D,:,' r-, L~ O V't\l;°'-'i 'L'
this J..1> day of Qc:itQ be-C 20~\:}
Owner(s~Appli~ B\ \A.ht ~ C iv::_ vCj
4 Owner( s )/Applicant
Notes:
-1.--Applications will not be considered complete until all requested information has been supplied.
2. It is required that one original of this application (including the sketch/site plan) be filed, accompanied by the
applicable fee of $1,250.00 in cash or cheque, payable to the Treasurer, Town of Tillsonburg. A fee of
$2,500.00 will be charged if an application is required 'after the fact' (after the use has occupied the site).
Municipal Freedom of Information and Protection of Privacy Act -Notice of Collection & Disclosure
The collection of personal information on this form is legally authorized under Sec.34 of the Planning Act and O.Reg.545/06 for the
purpose of processing your planning application. Questions about this collection should be directed to the Director of Community
Planning at the County of Oxford, 21 Reeve St., P.O. Box 1614, Woodstock, ON N4S 7Y3 or at 519-539-9800 (ext.3207).
Pursuant to Sec.1.0.1 of the Planning Act, and in accordance with Sec.32(e) of the Municipal Freedom of Information and Protection of
Privacy Act, it is the policy of the County of Oxford to make all planning applications and supporting material available to the public.
Page 130 of 145
June 1, 2020
Mr. Eric Gilbert
County of Oxford
21 Reeve Street
PO Box 1614
Woodstock, Ontario
N4S 7Y3
Re: 145 Simcoe Street, Unit 1, Tillsonburg - Zoning
Dear Mr. Gilbert,
I am contacting you regarding the retail use of the above location which is currently zoned as Service
Commercial. You have previously been in contact with Caroline Jager regarding this matter.
Further to your email of May 21, 2020 to Caroline, I attach a copy of our retail floor plan of which the
gross retail square footage will be approximately 1,800 as per our lease agreement with the landlord.
During our location scouting, we also looked at the following locations and provide reasons why they
were rejected.
Address Reason Rejected
200 Broadway, Town Centre Strathalen is the landlord's property manager.
After an initial inquiry as to whether the landlord
we allow a retail cannabis use, the property
manager did not provide any further response
despite numerous inquiries.
164 Broadway Same as above.
146 Broadway Unable to locate landlord or listing agent
Ultimately, we chose the location at 145 Simcoe Street for the following reasons:
- The location is not in close proximity to any schools or private schools;
Page 131 of 145
- The location is located along a main road in which there is high volume of vehicular traffic which
further limits pedestrian traffic for youths and minors;
- The location is in close proximity to restaurants and other retail businesses including a flower
shop in the same plaza; and
- Finally, the landlord was agreeable to a retail cannabis use.
Please let me know if the information we have provided is sufficient for your purposes in approving our
application and if there is anything you require, feel free to contact me directly by telephone at 416-904-
8884 or by email.
Best regards,
Ms. Be Hai Lieu, CPA, CA.CIRP
Page 132 of 145
Page 1 of 12
Report No: CP 2021-16
COMMUNITY PLANNING
Council Date: January 19, 2021
To: Mayor and Members of Tillsonburg Council
From: Eric Gilbert, Senior Planner, Community Planning
ZN 7-20-01- Town of Tillsonburg Housekeeping Amendment
for Zoning By-Law No. 3295
REPORT HIGHLIGHTS
Planning and Town staff are of the opinion that a housekeeping amendment is necessary
to ensure continued effectiveness of the Town’s Zoning By-law.
The proposed housekeeping amendment will generally address necessary updates, as well
as correct minor errors and provide clarification to text and mapping schedules.
Sourcewater protection updates are also proposed to be included in the Zoning By-Law.
Planning staff recommend that Council endorse the proposed changes to the Zoning By-
Law.
DISCUSSION
Background
APPLICANT: Town of Tillsonburg
10 Lisgar Avenue, Tillsonburg ON, N4G 5A5
LOCATION:
The proposed housekeeping amendment will apply to all lands within the Town.
PROPOSAL:
Comprehensive Zoning By-law No. 3595 was adopted by Town Council on April 14, 2008. Since
that time, numerous amendments have been made to the by-law to incorporate a number of site-
specific provisions and facilitate various policy changes. The most recent housekeeping
amendment was completed in 2012 and included a number of minor revisions identified by
Planning and Town staff.
Since the last housekeeping amendment in 2012, Staff have been monitoring minor variance
approvals, noting interpretation issues, and reviewing suggestions from Town staff, in an effort to
clarify and update the existing By-law. At this time, staff are of the opinion that a housekeeping
amendment is necessary to ensure continued effectiveness of the Town’s Zoning By-law.
Page 133 of 145
Report No: CP 2021-16
COMMUNITY PLANNING
Council Date: January 19, 2021
Page 2 of 12
The proposed housekeeping amendment will generally address necessary updates, as well as
correct minor errors and provide clarification to text and mapping schedules. In particular, the
proposed amendment will incorporate Source Water Protection regulations, natural hazard
features, as well as proposed changes to the permitted encroachments to provide an increased
allowable projection for decks into the required rear yard.
The proposed amendments are summarized in Table 1 below:
Table 1 – Proposed Amendments
Current Zoning By-law Proposed Changes
Section 2.- Interpretation
Groundwater Recharge and Fish Habitat
Protection Areas
Source Protection Overlays
It is proposed to introduce an
interpretation section to provide guidance
for the proposed Sourcewater Protection
Overlays.
It is proposed to remove the groundwater recharge
area provisions and mapping contained on
Schedule D of the By-Law as the approved
Sourcewater Protection Plan has now replaced
Groundwater Recharge Areas
Mapping of the Source Protection Overlays on
Schedule “A” of this By-law is intended to reflect the
mapping of Wellhead Protection Areas A, B and C in
the most recently approved Source Protection Plan
that applies to the Town of Tillsonburg. The mapping
of the Source Protection Overlays on Schedule “A”
of this By-Law shall be updated to reflect any
updates to the location and/or extent of the Wellhead
Protection Area in the Source Protection Plan
mapping without the requirement for a Zoning By-
law amendment. In the case of a conflict between
the mapping of the Source Protection Overlays in
this By-law and the applicable mapping in an
approved Source Protection Plan, the latter shall
prevail.
Section 4. - Definitions
A definition for “donated goods retail
store” is proposed to be added.
A definition for “microbrewery” is
proposed to be added.
“DONATED GOODS RETAIL STORE”, means a
building or part thereof in which goods, wares,
merchandise or articles are stored, offered or
kept for retail sale to the public and where those
items stored or offered for sale and are procured
solely and exclusively through the donations of
the goods, wares, merchandise or articles.
MICROBREWERY”, means a place used for the
small scale and independent manufacturing of
specialty or craft beer, wine or spirits produced for
Page 134 of 145
Report No: CP 2021-16
COMMUNITY PLANNING
Council Date: January 19, 2021
Page 3 of 12
The definition of “Pergola” is proposed to
be amended to exclude them from the
calculation of lot coverage:
“PERGOLA”, means an arbor formed of
horizontal trelliswork supported on
columns or posts, over which vines or
other plants are trained. For the
purposes of this Zoning By-Law,
pergolas are included in the calculation
of lot coverage.
A definition for ‘risk management official’
is proposed to be added.
A definition for “a pet grooming business”
is proposed to be added.
A definition for a “retail pet store” is
proposed to be added.
A definition for a “Retirement home” is
proposed to be added. Staff have
determined that there is a need to
provide a new definition and permitted
use between an apartment building and
long-term care facility.
retail sale and consumption on or off-site. A
microbrewery may include a tied-house and may
also operate in combination with a permitted bar or
tavern.
“PERGOLA”, means an arbor formed of horizontal
trelliswork supported on columns or posts, over
which vines or other plants are trained. For the
purposes of this Zoning By-Law, pergolas are
excluded in the calculation of lot coverage.
"RISK MANAGEMENT OFFICIAL", means the risk
management official appointed under Part IV of the
Clean Water Act, S.O. 2006, as amended.
PET GROOMING BUSINESS”, means a building, or
part thereof, used for the grooming of pets, but does
not include a veterinary clinic, a kennel or any
overnight boarding.
“RETAIL PET STORE”, means a building, or part of
a building, in which pets and pet supplies are offered
for sale. A retail pet store may also include a pet
grooming business.
RETIREMENT HOME”, means a residential
complex or part of a residential complex that is
occupied primarily by persons who are 65 years of
age, or is occupied or is intended to be occupied by
persons who are not related to the operator of the
home, and where the operator of the home may
provide services directly or indirectly to the
residents. A retirement home shall not include a
long-term care facility.
Page 135 of 145
Report No: CP 2021-16
COMMUNITY PLANNING
Council Date: January 19, 2021
Page 4 of 12
Amend the definition for ‘rear yard’, to
clarify that the rear yard does not extend
to the rear of the dwelling within the
exterior side yard. This will ensure that it
is clear that accessory buildings are not
permitted within the exterior side yard.
A definition for ‘small on-site septic
system and/or holding tank’ is proposed
to be added.
A definition for ‘large on-site septic
system and/or holding tank’ is proposed
to be added.
A definition for ‘Well Head Protection
Areas is proposed to be added.
"REAR YARD", means an area extending across the
full width of the lot between the rear lot line of the lot
and the nearest part of any excavation or main
building on the lot, excluding the exterior side yard.
SMALL ON-SITE SEPTIC SYSTEM AND/OR
HOLDING TANK” shall mean a system that stores
and/or treats human waste on-site with a design flow
of less than or equal to 10,000 litres per day and
subject to approval under the Building Code Act,
S.O. 1992, as amended, or Ontario Water
Resources Act, R.S.O. 1991, as amended. These
systems shall include, but not be limited to,
greywater systems, cesspools, leaching bed
systems and associated treatment units, and
holding tanks, and shall not include sewage
treatment plants.
“LARGE ON-SITE SEPTIC SYSTEM AND/OR
HOLDING TANK” shall mean a system that stores
and/or treats human waste on-site with a design flow
of greater than 10,000 litres per day and regulated
under the Ontario Water Resources Act, R.S.O.
1991, as amended. These systems shall include, but
not be limited to, greywater systems, cesspools,
leaching bed systems and associated treatment
units, and holding tanks, and shall not include
sewage treatment plants.
“WELLHEAD PROTECTION AREA”, is the area
around a municipal drinking water supply well where
certain land use activities may have the potential to
affect the quality or quantity of water that flows into
that well. The location and vulnerability of Wellhead
Protection Areas is identified through the Source
Protection Plans approved in accordance with Clean
Water Act, 2006.
Section 5. – General Provisions
Section 5.1.1.4.1- amend this section to
introduce an additional provision to
prohibit a Quonset hut as an accessory
building for a residential use.
New section vii) is proposed to be added:
vii) a Quonset hut shall not be permitted as an
accessory structure within a residential zone.
Page 136 of 145
Report No: CP 2021-16
COMMUNITY PLANNING
Council Date: January 19, 2021
Page 5 of 12
Delete Section 5.4 – Dwelling Units
Below Grade
No dwelling unit shall in its entirety be
located in a cellar. If any portion of a
dwelling unit is located in a cellar, such
portion of the dwelling unit shall be used
as a furnace room, laundry room, storage
room, recreation room, or for a similar use
only and shall not be used for sleeping
accommodation.
However, a dwelling unit, in its entirety
may be located in a basement provided
the finished floor level of such basement
is not below the level of the sanitary or
storm sewer serving the building or
structure in which such basement is
located and provided further, that the floor
level of such basement is not more than
1.2 m below the adjacent finished grade.
Section 5.11- Groundwater Recharge
Areas
Section 5.24.2.1- Table 5.24.2.1-
Parking Standards
Section 5.24.3- Table 5.24.3- Location
and Setback of Parking Areas
Currently, parking areas and driveways
are required to be 1.2 m (3.9 ft) from an
interior lot line for single detached
dwellings, duplex dwellings, and
converted dwellings.
Section 5.37, Table 5.37.1- Permitted
Projections into Required Yards
In an effort to provide more opportunities for
affordable rental opportunities for basement
apartments, it is recommended that this section be
removed. A number of apartment dwellings, multiple
unit dwellings and dwelling units in non-residential
buildings in the recent past have sought relief of this
provision. The Town Building Department has
indicated that it is more appropriate to rely on the
provisions of the Ontario Building Code to ensure
that all lower-level apartments are safe.
It is proposed to delete this section, as the
groundwater recharge area provisions have been
made redundant through the Sourcewater protection
planning process under the Clean Water Act.
Include a pet grooming business in the business
parking uses (1 parking space per 20 m2 (215.3 ft2)
of gross floor area)
Include a retirement home under residential uses,
require parking at 1 space per dwelling unit.
To provide greater flexibility, it is proposed that this
be reduced to 1.0 m (3.3 ft). This would still provide
sufficient space to open the door of an automobile.
Staff are recommending this section be modified
with a review to reduce the number of minor
variances going forward by permitting as of right
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Staff have review minor variance
applications and approvals given the
past 10 years, and a majority of them
relate to permitted encroachments into
required yards for many purposes,
including decks, covered decks and
sunrooms.
Sourcewater Protection Provisions
The current Zoning By-Law predates the
approval of the Long Point Region Source
Protection Plan, and under the Clean
Water Act, Zoning By-Laws are required
to be consistent with an approved Source
Protection Plan.
many of the approvals that have been sought and
approved. Proposed Changes include:
accessible ramps be permitted to extend to
the street line;
Fireplaces would be permitted to encroach
into a required interior side yard the same as
other heating/cooling equipment;
Architectural features that are a minimum of
2 m (6.56 ft) above average grade would be
permitted to have a nil setback to any lot line;
Retractable canopies & awnings would be
permitted to be located within 3 m (9.8 ft) of
any lot line;
Uncovered decks exceeding 0.6 m (2 ft) but
less than 1.2 m (4 ft) in average height would
be permitted within 3 m (9.8 ft) of any lot line;
Uncovered decks exceeding 1.2 m (4 ft) in
average height would be permitted to be
located within 3.8 m (12.4 ft) of any lot line.
The following provisions are proposed to be
included in the By-Law to implement the approved
Long Point Region Source Protection Plan.
SOURCEWATER PROTECTION AREAS
IDENTIFICATION OF SOURCEWATER PROTECTION
ZONES
Sourcewater protection overlay zones
represent Wellhead Protection Areas
(WHPAs) and the associated level of
vulnerability for municipal water sources
serving the Town.
Within these overlay zones, a notice from the
Risk Management Official in accordance with
the Clean Water Act, 2006 may be required
prior to approval of any Planning Act or
Building Permit application.
A WHPA illustrates three time-related
capture zones including a 100-metre radius
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surrounding the well (WHPA-A), 2 year travel
time for water to enter the well (WHPA-8),
and 5 year travel time for water to enter the
well (WHPA-C). The degree of vulnerability
of a WHPA is represented by a vulnerability
score. The vulnerability score can have a
value of up to 10, which is the most
vulnerable.
Sourcewater Protection Zone 1 shall apply to
those lands that are identified as a WHPA
with a vulnerability score of 10.
Sourcewater Protection Zone 2 shall apply to
those lands that are identified as a WHPA
with a vulnerability score of 10, as well as
lands within a 5 year time of travel zone
(WHPA-C).
USE PROHIBITION AND RESTRICTIONS IN
SOURCEWATER PROTECTION ZONES 1 & 2
Notwithstanding the provisions of the
underlying zone, any land use, except a
solely residential land use, that involves one
of the following significant drinking water
threat activities, shall be prohibited within
Sourcewater Protection Zones 1 & 2 until a
Section 59 Notice has been issued by the
Risk Management Official (RMO) in
accordance with the Clean Water Act, 2006,
or the RMO has indicated that the activity will
not be a significant drinking water threat.
Waste disposal sites within the meaning
of Part V of the Environmental Protection
Act.
The establishment, operation or
maintenance of a system that collects,
stores, transmits, treats or disposes of
sewage.
The application of agricultural source
material to land.
The storage and/or management of
agricultural source material.
The application of non-agricultural
source material to land.
The handling and/or storage of non-
agricultural source material.
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The application of commercial fertilizer
to land.
The handling and/or storage of
commercial fertilizer.
The application of pesticide to land.
The handling and/or storage of
pesticide.
The application, handling and/or storage
of road salt.
The storage of snow.
The handling and storage of fuel.
The handling and storage of a dense
non-aqueous phase liquid.
The handling and storage of an organic
solvent.
The management of runoff that contains
chemicals used in the de-icing of aircraft.
An activity that takes water from an
aquifer or a surface water body without
returning the water taken to the same
aquifer or surface water body.
An activity that reduces the recharge of
an aquifer.
The use of land as livestock grazing or
pasturing land, an outdoor confinement
area or farm-animal yard.
SEPTIC SYSTEMS AND HOLDING TANKS WITHIN
SOURCEWATER PROTECTION ZONE 1
Notwithstanding the provisions of the
underlying zone, any land use that involves
one of the following significant drinking water
threat activities, shall be prohibited within
Sourcewater Protection Zone 1.
A new or replacement small on-site
septic system and/or holding tank shall
be located on the same property but,
where possible, outside of the
Sourcewater Protection Zone 1, to the
satisfaction of the RMO.
A large on-site septic system and/or
holding tank that would be a significant
drinking water threat, as determined by
the RMO.
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Section 6.2- R1 & R1A Zone Provisions
Current maximum lot coverage for R1
Properties is 33%, and 35% for R1A
properties.
Staff have reviewed previously approved minor
variances and zoning applications, and given that
R1 & R1A lots are generally larger, are
recommending increasing the maximum lot
coverage to 35 % for R1 properties and 37% for R1A
properties. This is expected to allow some minor
projects such as covered decks, sunrooms and
small accessory buildings to proceed without a
minor variance.
Section 9- Medium Density Residential
Zone
Staff are recommending that a retirement home be
included as an additional permitted use, subject to
the provisions of an apartment dwelling.
Section 10- High Density Residential
Zone
Staff are recommending that a retirement home be
included as an additional permitted use, subject to
the provisions of an apartment dwelling.
Section 12- Entrepreneurial Zone
.
Staff are recommending that a pet grooming
business and retirement home be included as
additional permitted uses.
Section 13- Central Commercial Zone
Staff are recommending that a pet grooming
business, microbrewery, retail pet store and
retirement home be included as additional permitted
uses.
Section 14- Service Commercial Zone
Staff are recommending that a donated goods retail
store, pet grooming business, microbrewery, retail
pet store and retirement home be included as
additional permitted uses.
Section 15 - Neighbourhood
Commercial Zone
Staff are recommending that a pet grooming
business be included as an additional permitted use.
Section 19 - Minor Institutional Zone
There is a maximum gross floor area of
650 m2 (7,000 ft2) for a place of worship.
Staff are recommending that a retirement home be
included as an additional permitted use.
Staff are recommending that this maximum gross
floor area be removed as there is a general trend
towards consolidation and larger places of worship.
In the past 5 years, relief of this provision has been
sought three times. Eliminating this provision would
potentially eliminate the requirement to obtain a
minor variance to construct a new place of worship
or an addition to an existing place of worship.
Section 20- Major Institutional Zone
Staff are recommending that a retirement home be
included as an additional permitted use.
R1, R2, R3, RM, RH, EC, SC, CC, NC Staff are recommending that all minimum gross floor
area provisions be removed to facilitate more
modest or affordable housing options. The minimum
gross floor area for a dwelling unit would be
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determined by the relevant provisions of the Ontario
Building Code.
Other Changes
References to Oxford County Board of
Health
Minor Mapping Changes and Special
Provision Renumbering
Source Protection Mapping
References to Oxford County Board of Health will
be replaced with the Town of Tillsonburg (for
references related to septic systems) or
Southwestern Public Health, as appropriate.
A number of Special Provisions are proposed to be
renumbered if they are duplicated or deleted if they
are redundant. All existing permissions granted by
Council will be preserved.
In accordance with the Source Protection Plan, the
identification of Source Protection Zones will be
added to the Schedule A of the Zoning By-Law.
Application Review
2020 Provincial Policy Statement
The 2020 Provincial Policy Statement (PPS) provides policy direction on matters of provincial
interest related to land use planning and development. In particular, t he PPS focuses growth
within settlement areas and promotes efficient development patterns that optimize the use of land,
resources and public investment in infrastructure and public service facilities.
Section 1.1.1 of the PPS 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, Section 1.1.3.2 directs that settlement areas shall be the focus of growth and
development, and their vitality and regeneration shall be promoted. Land use patterns within
settlement areas shall be based on densities and a mix of land uses which efficiently use land
and resources and existing infrastructure and public service facilities. A range of uses and
opportunities for intensification and redevelopment should also be promoted where it can be
accommodated in settlement areas.
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.
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The proposed amendments are intended to provide more flexibility for housing types and to
encourage alternative housing sizes to diversify the range of affordable housing options within
the Town. Further, the proposed amendments will support alternative housing options by
eliminating minimum dwelling unit sizes and permitting dwelling units below grade, which are
regulated through the Ontario Building Code (OBC).
Official Plan
No specific sections of the Official Plan are impacted as the proposed amendment deals with a
number of minor changes as required to the Zoning By-law to correct errors and incorrect
references within various sections of the By-law. The uses proposed to be added (retirement
home, microbrewery, retail pet store, pet grooming business, donated goods retail store) have
been determined to be in-keeping with the relevant policies of the Official Plan.
Zoning By-law
The proposed amendment impacts all sections of the Zoning By-law, to correct errors, incorrect
references to the General Provisions and omissions that have occurred since the drafting of the
existing By-law.
Agency Comments
The application was circulated to those agencies considered to have an interest in the proposal.
The Town Building & By-Law Services Department commented that the proposed changes will
improve the clarity and interpretation of the Zoning By-Law and will provide additional as-of-right
opportunities, and as such is supportive of the proposed amendments.
The Town Engineering Services Department & Oxford County Public Works Department indicated
they had no concern with the proposed changes.
Public Consultation
Notice of the zone change application was posted in the Tillsonburg Independent, Oxford Review
and Norfolk & Tillsonburg News on two (2) occasions, being February 12, 2020 and January 5,
2021, in accordance with the requirements of the Planning Act. To date, staff have been contacted
by a number of residents expressing support for the removal of the minimum gross floor area and
prohibition on dwelling units below grade.
Planning Analysis
The application proposes a number of general amendments to the Zoning By-Law to correct minor
errors and provide clarification to text and mapping schedules. In addition, a number of
amendments are proposed to incorporate various changes to legislation and update a number of
provisions based on recent development activity and planning application volumes.
The proposed changes are a result of examining historical planning application types and volumes
and daily experience with the Zoning By-Law, in consultation with the Town Building Department.
Furthermore, the proposed amendments will increase the ‘as of right’ provisions related to
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permitted encroachments for decks, covered decks and patios, increased lot coverage for ‘R1’ &
‘R1A’ properties, and correct other oversights that have become apparent since the Zoning By-
Law was originally drafted.
The inclusion of additional permitted uses in commercial zones is in conformity with the relevant
policies of the Official Plan; the proposed uses to be added to the Service Commercial Zone
represent uses that have already been permitted (such as donated goods retail store) or uses
that are automobile-oriented and serve the travelling public.
The incorporation of the proposed Sourcewater Protection provisions as required by the Long
Point Source Protection Plan will implement the provisions of the Source Protection Plan and will
provide greater disclosure of properties that could represent a drinking water threat. With the
implementation of the Sourcewater Protection provisions, the provisions relating to Groundwater
Recharge Areas can be removed from the By-Law as they are redundant.
It should be noted that the proposed mapping changes to correct duplication and correct
erroneous cross references will not eliminate any ‘as of right’ uses or previous zoning approvals
given by Council.
It is the opinion of this Office that the proposed rezoning application is consistent with the policies
of the Provincial Policy Statement and is in keeping with the policies of the County Official Plan.
As such, Planning staff are recommending approval-in-principle of the proposed housekeeping
amendment so that the applicable Zoning By-Law schedules can be prepared following
consultation with the public and Council consideration.
RECOMMENDATION
It is recommended that the Council of the Town of Tillsonburg approve-in-principle the
proposed Zoning By-law amendment (File ZN 7-20-01) to introduce “housekeeping”
amendments to Town Zoning By-law No. 3295.
SIGNATURES
Authored by: original signed by Eric Gilbert, MCIP, RPP
Senior Planner
Approved for submission: original signed by Gordon K. Hough, RPP
Director
Page 144 of 145
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2021-008
A BY-LAW to confirm the proceedings of Council at its meeting held on the 19th
day of January, 2021.
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 January 19, 2021, 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 JANUARY, 2021.
READ A THIRD AND FINAL TIME AND PASSED THIS 19th DAY OF JANUARY,
2021.
________________________________
MAYOR – Stephen Molnar
_______________________________
TOWN CLERK – Michelle Smibert
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