Loading...
210119 Council Planning MIN 1 The Corporation of the Town of Tillsonburg Council Planning Meeting MINUTES Tuesday, January 19, 2021 4:30 PM Electronic Meeting ATTENDANCE: Mayor Molnar Deputy Mayor Beres Councillor Esseltine Councillor Gilvesy Councillor Luciani Councillor Parker Councillor Rosehart Staff: Kyle Pratt, Chief Administrative Officer Michelle Smibert, Town Clerk Eric Gilbert, Senior Planner Carlos Reyes, Director of Operations Geno Vanhaelewyn, Chief Building Official Amelia Jaggard, Deputy Clerk _____________________________________________________________________ 1. Call to Order 2. Adoption of Agenda Resolution # 2021-030 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT the Agenda as prepared for the Council Planning meeting of January 19, 2021, be approved. 2 Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interest were declared. 4. Adoption of Council Planning Minutes of Previous Meeting 5. Public Meetings 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) Eric Gilbert, Senior Planner, Oxford County, appeared before Council to provide an overview of the application. The Planner noted that this application would create a 103 lot subdivision. There was a previous development application that lapsed on this property. Agency comments will be included as part of the necessary approvals. There are some archeological resources that have been identified and as such staff have noted that parkland is not ideal in this location and that parkland is not required as part of this development. Staff is recommending approval of this application. Council asked the applicant about the time frame and Southside Group noted they would like to proceed right away. Council asked about affordable housing options and Southside Group indicated they have some experience with that type of development. Resolution # 2021-031 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani 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, 3 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. Carried 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.) Eric Gilbert, Senior Planner, Oxford County, appeared before Council to provide an overview of the application. The lands were used as a lumber yard and now the applicant would like to construct apartment buildings. A solar shadowing study was prepared for this application. The shadowing shows limited impacts on the surrounding properties which is within guidelines/acceptable limits. Staff supports the approval of the applications. Councillor Parker asked if any work would be required on First Street as a result of this application? The Planner noted that any upgrades would be done as part of the site plan process. Barb Rosser, agent for the owner spoke to the applications. There were severance applications recently approved to ensure a more regularly shaped parcels and these applications will be finalized shortly. This building design has been used in the past and in Tillsonburg. Barb noted that this use is compatible with adjoining land uses. The Deputy Mayor noted this development will be in close proximity to emergency services and asked if there is any consideration of noise with the residents in the apartment building. The owner noted he can address any noise abatement issues using concrete and windows in his construction of the building. 4 Resolution # 2021-032 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart 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. Carried Mayor Molnar left the meeting at 5:15 p.m. 5.3 Application for Zone Change ZN 7-20-17 (2563557 Ontario Inc) Eric Gilbert, Senior Planner, Oxford County, appeared before Council to provide an overview of the application. The proposed development is a phased condominium complex. The proposed zoning is required to address the site specific requirements for this development. Staff are asking that the uses provide all required parking. The applicant was present at the meeting and he noted that the uses that he is proposing will support the community and neighbouring uses. Councillor Gilvesy asked if the Fire Department reviewed the application and if they provided any comments. The Planner noted that the Fire Department did provide comments on the site plan application. Resolution # 2021-033 Moved By: Councillor Luciani Seconded By: Councillor Esseltine THAT Council approve-in-principle the zone change application submitted by 2563557 Ontario Inc, whereby the lands described Blocks 21, 22, 23, 5 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. Carried 5.4 Application for Zone Change ZN 7-20-18 (S.S.A. Canada Inc) (Blunt and Cherry Limited) Eric Gilbert, Senior Planner, Oxford County, appeared before Council to provide an overview of the application. The zoning by-law can't permit cannabis as a use but rather a retail outlet where cannabis can be sold. New commercial development should be located in the downtown area. The staff is recommending that the application not be approved. If Council does choose to allow the application, then staff is recommending that a temporary use by-law be approved (3 year period). Councillor Luciani asked about the length of a temporary use by-law and the Planner noted it would be three years. Councillor Gilvesy asked about extensions for the temporary use and the Planner noted that it would be a new application coming forward every 3 years. Councillor Esseltine asked about prohibition of residential development above a cannabis retail store and the Planner noted that the AGCO indicated this is not the case. The applicant, Ms. Lieu, noted that she didn't realize there was a special zoning for commercial development in Tillsonburg. She said the location proposed provides for increased access to this product. She feels that the proposal would make the area safer as security guards and also surveillance cameras would be required as part of the licensing guidelines. The applicant said they looked for options in the downtown during 2019 and there weren't any at that time. Councillor Parker asked if they received their licence from the AGCO and the applicant noted that the licence has not yet been obtained. Councillor Rosehart noted her support for the application. Councillor Luciani asked about details of the proposed store and what the applicant is planning to do in terms of upgrading the building. The applicant noted that she would 6 like to enhance the lighting and the retail would go in front with storage behind it. She clarified that residential is not present on the site. There was one letter of objection received which was circulated to Council in advance of the meeting. Resolution # 2021-034 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT notwithstanding the staff recommendation, Council approve a 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 AND should the cannabis use cease then Town staff be directed to submit a zone change application to remove the additional permitted retail use from the property. Carried 5.5 ZN 7-20-01 Town of Tillsonburg Housekeeping Amendment for Zoning By-Law No. 3295 Eric Gilbert, Senior Planner, Oxford County, appeared before Council to provide an overview of the application. The last housekeeping update was done in 2012. Source water protection will now be included in the Zoning By-Law and some interpretation issues are being addressed as well as some definitions. Staff have reviewed the recent minor variance applications and are making some tweaks to the regulations. Dwelling units in the downstairs were reviewed and it was determined that this be removed. This is best addressed through the building code. and will likely allow some additional dwelling units within a cellar. Resolution # 2021-035 Moved By: Councillor Parker Seconded By: Councillor Luciani 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. 7 Carried 6. Planning Reports 7. New Business 8. Motions/Notice of Motions Mayor Molnar joined the meeting at 6:07 p.m. Councillor Parker noted that his concern about the closure of the transfer station is more about the process then the end result. Councillor Parker then read aloud a resolution that was passed at a meeting in March when COVID hit. He indicated that the note (that staff take any necessary action as long as Council is informed) following the resolution to close certain facilities was not direction provided by Council. Councillor Parker noted this should be a Council decision and added that the transfer station is able to be open due to legislation and it can be safe facility by enabling social distancing. By closing it, it will increase dumping like it did in the spring. The Deputy Mayor suggested that the motion may want to be amended to indicate that Health guidelines will be followed. Resolution # 2021-036 Moved By: Councillor Parker Seconded By: Councillor Gilvesy THAT the Transfer station be re-opened provided that Health Unit guidelines are maintaned. Defeated 9. By-Laws 10. Confirm Proceedings By-law Resolution # 2021-037 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT By-Law 2021-008, to Confirm the Proceedings of the Council Planning meeting held 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. 8 Carried 11. Adjournment Resolution # 2021-038 Moved By: Councillor Luciani Seconded By: Councillor Esseltine THAT the Council Planning meeting of January 19, 2021, be adjourned at 6:18.pm. Carried