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211101 Council Planning MIN 1 The Corporation of the Town of Tillsonburg Council Planning Meeting MINUTES Monday, November 1, 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, Director of Corporate Services/Clerk Eric Gilbert, Senior Planner Amelia Jaggard, Deputy Clerk Regrets: Carlos Reyes, Director of Operations and Development _____________________________________________________________________ 1. Call to Order The meeting was called to order at 4:30 p.m. 2. Adoption of Agenda Resolution # 2021-467 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT the Agenda as prepared for the Council Planning meeting of November 1, 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 Resolution # 2021-468 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the minutes of the Council Planning meeting held on September 20, 2021, be approved. Carried 5. Public Meetings Resolution # 2021-469 Moved By: Deputy Mayor Beres Seconded By: Councillor Parker THAT Council move into the Committee of Adjustment to hear applications for Minor Variance at 4:33 p.m. Carried 5.1 Application for Minor Variance A16-21 (Weeks) Eric Gilbert, Senior Planner, Oxford County, appeared before Council to provide an overview of the application. Staff recommend approval of the application. Opportunity was provided for comments and questions from Council. The applicant was not in attendance. No members of the public appeared before Council either in support or opposition to the application. Resolution # 2021-470 Moved By: Councillor Luciani Seconded By: Councillor Esseltine 3 THAT the Committee of Adjustment approve Application File A16-21, submitted by Dorothy Weeks for lands described as Lot 143, Plan 500 and Part Lot 28, Plan 621, being 14 Fourth Street, in the Town of Ti llsonburg, as it relates to: 1. Relief from Section 5.37.1 – Permitted Projections into Required Yards, to increase the permitted projection of a covered deck into the required exterior side yard from 1.5 m (4.9 ft) to 3.15 m (10.3 ft) to allow for the covering of an existing deck. Subject to the applicant obtaining a building permit for the proposed covered deck within one year of the date of the Committee’s Decision. Carried 5.2 Application for Minor Variance A21-21 (Szabo) Eric Gilbert, Senior Planner, Oxford County, appeared before Council to provide an overview of the application. Staff recommend approval of the application. Opportunity was provided for comments and questions from Council. Staff confirmed the applicant does not require relief for lot co verage. The applicant was not in attendance. No members of the public appeared before Council either in support or opposition to the application. Resolution # 2021-471 Moved By: Councillor Esseltine Seconded By: Deputy Mayor Beres THAT the Committee of Adjustment approve Application File A21-21, submitted by John Szabo (Ken and Jody Shelley), for lands described as Lot 101 and Part Lots 93 & 94, Plan 41M-145, Town of Tillsonburg, as it relates to: 1. Relief from Section 6.2 - R1 Zone Provisions - Rear Yard, to reduce the minimum required rear yard depth from 12 m (39.3 ft) to 4.9 m (16 ft) to facilitate an addition to the rear of the existing single detached dwelling. 4 Subject to a building permit for the proposed addition be issued within one year of the date of Committee’s Decision. Carried Resolution # 2021-472 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council move out of the Committee of Adjustment and move back into regular Council session at 4:42 p.m. Carried 5.3 Applications for Official Plan Amendment, Draft Plan of Subdivision and Zone Change OP 21-11-7, SB 21-06-7 & ZN 7-21-09 (Ambrus) Eric Gilbert, Senior Planner, Oxford County, appeared before Council to provide an overview of the application. Staff recommend approval in principal of the zone change, and recommend support of the official plan amendment and draft plan of subdivision subject to the conditions of draft approval. The official plan amendment and draft plan of subdivision will proceed to Oxford County Council for consideration at their meeting on November 10, 2021. Opportunity was provided for comments and questions from Council. Staff confirmed that phase one of the proposed development includes properties fronting onto Cranberry Road. The agent Andrew Gilvesy, CJDL Engineering, and the owner George Ambrus, were present to provide support for the application. Staff confirmed there will be a connection to the Trans Canada Trail. There was discussion regarding the Cranberry Road reconstruction. No members of the public appeared before Council either in support or opposition to the application. Resolution # 2021-473 Moved By: Councillor Gilvesy Seconded By: Councillor Parker 5 THAT Council approve in principle the zone change application (File No. ZN 7-21-09) submitted by George and Clara Ambrus, for lands legally described as Part of Lot 4, Concession 10 (Dereham) in the Town of Tillsonburg, to rezone the lands Special Low Density Residential Type 2 Holding Zone, Neighbourhood Commercial Zone, and 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 21-11-7), submitted by George and Clara Ambrus, for lands legally described as Part of Lot 4, Concession 10 (Dereham), in the Town of Tillsonburg, to redesignate the subject lands from ‘Medium Density Residential’ to ‘Low Density Residential’, to facilitate a draft plan of subdivision consisting of lots for 49 single detached dwellings, a neighbourhood commercial block and a stormwater management block; AND THAT Council advise County Council that the Town supports the application for draft plan of subdivision, File No. SB 21-06-7, submitted by George and Clara Ambrus, for lands legally described as Part of Lot 4, Concession 10 (Dereham), in the Town of Tillsonburg, consisting of 49 lots for single-detached dwellings, one block for neighbourhood commercial purposes, a stormwater management block, one new local street, subject to the conditions of draft approval included in staff report CP 2021-372. Carried 5.4 Applications for Draft Plan of Subdivision and Zone Change SB 21- 11-7 & ZN 7-21-11 (Performance Communities Realty Inc. & Lindprop Corporation) Eric Gilbert, Senior Planner, Oxford County, appeared before Council to provide an overview of the application. Staff recommend approval in principal of the zone change, and recommend support of the draft plan of subdivision subject to the conditions of draft approval. Opportunity was provided for comments and questions from Council. It was asked why the drawings are not complete. Staff noted that the blocks are large enough that they can be subdivided carefully without requiring further relief. 6 It was asked if the recommendation of the Building and By-Law department to increase the maximum driveway width to 65% would be addressed. Staff confirmed the draft zoning by-law amendment will include this recommendation. Staff noted that adequate amenity area would be the percentage of landscape open space as required by the R3 zone. Staff noted that mixed housing can provide different affordability measures in the same subdivision. The agent, Peter Penner, appeared before Council to provide support for the application. The agent indicated the intent of the development is similar to the Northcrest Phase 1 and 2 developments. The agent noted that the developer is proposing to provide 9% parkland which is over the required 5%. No members of the public appeared before Council either in support or opposition to the application. Concerns were noted about proceeding without an EIS study. Staff confirmed that an EIS study is not required for this phase. The next draft plan of subdivision would require the EIS study to be submitted. Resolution # 2021-474 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council approve in principle the zone change application (File No. ZN 7-21-05) submitted by Performance Communities Realty Inc & Lindprop Corporation, for lands legally described as Part Lots 4 & 5, Concession 10 (Dereham), in the Town of Tillsonburg, to rezone the lands Special Low Density Residential Type 3 Holding Zone, Medium Density Residential Holding Zone, Passive Use Open Space Zone, & Active Use Open Space Zone to facilitate the proposed draft plan of subdivision; AND THAT the Council of the Town of Tillsonburg advise County Council that the Town supports the application for approval of draft plan of subdivision, File No. SB 21-11-7, submitted by Performance Communities Realty Inc & Lindprop Corporation, for lands legally described as Part Lots 4 & 5, Concession 10 (Dereham), 16 blocks for future residential development, three stormwater management blocks, and a parkland 7 block, served by 6 new local streets, subject to the conditions of draft approval included in staff report CP 2021-373. Carried 5.5 Applications for Official Plan Amendment, Draft Plan of Subdivision and Zone Change OP 20-09-7 & SB 20-02-7 & ZN 7-20-06 (2407774 Ontario Ltd.) Eric Gilbert, Senior Planner, Oxford County, appeared before Council to provide an overview of the application. Staff recommend approval in principal of the zone change, and recommend support of the official plan amendment and draft plan of subdivision subject to the conditions of draft approval. The official plan amendment and draft plan of subdivision will proceed to Oxford County Council for consideration at their meeting on November 10, 2021. Opportunity was provided for comments and questions from Council. Staff confirmed the applicant provided a traffic study on Baldwin Street; being that it is an arterial road there are no expected traffic concerns. Staff noted that a tree saving plan cannot be developed until the grading plan is complete. A condition has been included requiring a tree plan to save vegetation where possible. Staff were asked to provide an overview of the process in the event that Council denies the application. The agent, Andrew Gilvesy, CJDL Engineering, representatives of the applicant, Kirby Heckford and Dominic Bradley, Tillsonburg Development Inc, and representative of the owner, Pat Carrol, 2407774 Ontario Limited, were present to provide support for the application. The representative of the owner was asked to provide reasoning for this application. Mr. Carrol noted that the golf course has struggled to operate at 18 holes and that the proposed development will help support the golf course that would continue to operate with 12 holes. The course would still offer 18 holes by playing 6 holes over. It was asked how long the development would take to complete. Mr. Gilvesy noted that pending all necessary approvals construction could begin as early as September 2022 with occupancy as early as Spring 8 2023. The entire development would take roughly four years to be completed. There was discussion about the storm water management area that would be retained by the golf course. There was discussion regarding the toboggan hill. Richard Van Maele, 8 Bridle Path, was present to note his concerns about drainage and potential impact on adjacent existing properties. Staff noted that grading plans would be reviewed by both Town staff and the LPRCA. Staff were asked to explain the process in the event that an adjacent property was impacted by the development. Staff confirmed that the golf course did exchange lands to meet debt obligations years ago and that there are no covenants restricting development of the subject lands. No other members of the public appeared before Council either in support or opposition to the application. Resolution # 2021-475 Moved By: Councillor Luciani Seconded By: Councillor Esseltine THAT Council approve in principle the zone change application (File No. ZN 7-20-06) submitted by 240774 Ontario Limited, for lands legally described as Part Lot 1594, Plan 500, Parts 1, 2, 5 & 6 of 41R -8700, Parts 1 & 2 of 41R-7400, in the Town of Tillsonburg, to rezone the lands Special Low Density Residential Type 2 Holding Zone, Special Low Density Residential Type 3 Holding Zone, Passive Use Open Space Zone, and Active 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 Official Plan (File No. OP 20-09-7), submitted by 240774 Ontario Limited, for lands legally described as Part Lot 1594, Plan 500, Parts 1, 2, 5 & 6 of 41R-8700, Parts 1 & 2 of 41R-7400, in the Town of Tillsonburg, to redesignate the subject lands from ‘Open Space’ to ‘Low Density Residential’, to facilitate a draft plan of subdivision consisting 65 lots for single detached dwellings, and 7 blocks for street-fronting townhouses, totaling 24 units; 9 AND THAT Council advise County Council that the Town supports the application for draft plan of subdivision, File No. SB 20-02-7, submitted by 240774 Ontario Limited, for lands legally described as Part Lot 1594, Plan 500, Parts 1, 2, 5 & 6 of 41R-8700, Parts 1 & 2 of 41R-7400, in the Town of Tillsonburg, consisting of 65 lots for single detached dwellings, and 7 blocks for street-fronting townhouses, totaling 24 units, subject to the conditions of draft approval as included in staff rep ort CP 2021-371. Councillor Luciani called for a recorded vote. Councillor Luciani - Yes Councillor Parker - No Councillor Rosehart - Yes Deputy Mayor Beres - Yes Councillor Esseltine - Yes Councillor Gilvesy - Yes Mayor Molnar - Yes Carried 6. Planning Reports 7. New Business 8. Motions/Notice of Motions 9. By-Laws 10. Confirm Proceedings By-law Resolution # 2021-476 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT By-Law 2021-114, to Confirm the Proceedings of the Council Planning meeting held on November 1, 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. Carried 11. Adjournment 10 Resolution # 2021-477 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Council Planning meeting of November 1, 2021 be adjourned at 7:23 p.m. Carried