021125 Regular Council AgendaAgenda: Meeting for the Committee "Open Council"
Review Access: • Public C Private
AGENDA
Town of Tillsonburg
Meeting for the Committee "Open Council"
on
Monday November 25, 2002 07:00 PM
Council Chambers
Chair: Iry Horton
Orders of the Day: Call to Order
Closed Meeting Session
Disclosure of Pecuniary Interest or
the General Nature Thereof
Minutes & Business Arising out of the
Minutes
Adoption of Agenda
Public Meetings
Delegations
Community Services
Operations
Corporate Services
Information Items
Items of Public Interest
By -Laws
Closed Meeting Session continued
Committee of the Whole Report
Adjournment
CALL TO ORDER
CLOSED MEETING SESSION
> PROPOSED RESOLUTION:
RESOLVED THAT Town Council move into Executive Closed Session.
DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF
MINUTES & BUSINESS ARISING OUT OF THE MINUTES
Page 1
Agenda: Meeting for the Committee "Open Council"
> (November 12, 2002
PROPOSED RESOLUTION:
RESOLVED THAT the Minutes of Council under date of November 12th, 2002 be adopted.
ADOPTION OF AGENDA
> PROPOSED RESOLUTION:
RESOLVED THAT the Agenda as prepared for the Council Meeting of November 25th, 2002 be adopted.
PUBLIC MEETINGS
1. Committee of Adiustment Application - Mr. Doug Barnes (File A-43/02) D
Presented By: Mr. Paul Michiels, Planner, County of Oxford
Notice of Public Hearing...
Report from the County of Oxford Planning Department ... to follow.
Resolution
> PROPOSED RESOLUTION:
RESOLVED THAT
2. Application for Zone Change - Peter & Jacoba Retsinas (File ZON 7-294) D
Presented By: Mr. Paul Michiels, Planner, County of Oxford
County Report...
Resolution
> PROPOSED RESOLUTION:
RESOLVED THAT the Council of the Town of Tillsonburg defer the Zoning By -Law
amendment application submitted by Peter and Jacoba Retsinas, whereby lands located
at Part Lot 5, Registered Plan 1646 and Part 1, Plan 41 R-3452, in the Town of
Tillsonburg, are zone from 'Residential First Density (R1)' to Special 'Residential Third
Density (R3-Special)' to allow the applicant to submit a formal site plan application to
address traffic, slope stability, servicing and site design issues.
3. Application for Official Plan Amendment - Rock Developments Inc. (File OP 11-63)
Presented By: Mr. Paul Michiels, Planner, County of Oxford
at.
OP11-71.pd1
Resolution
> PROPOSED RESOLUTION:
RESOLVED THAT the Council of the Town of Tillsonburg advise Oxford County Council
that they are in favour of an application to amend the Official Plan by Rock Developments
Inc. to redesignate lands located at South Part of Lot 7, Concession 10 and Part 1, Plan
Page 2
Agenda: Meeting for the Committee "Open Council"
41 R-857 from 'Highway Service Commercial' to'Highway Service Commercial' with
special policies to limit the use of the property to a 3,716 sq.m. (40,000 sq.ft.) Sobey's
supermarket, a 325.2 square m. (3,500 square ft.) restaurant and maximum of 371.6
square m. (4,000 square ft.) convenience retail space.
DELEGATIONS
COMMUNITY SERVICES
4. Tillsonburg Public Library RE: Reserve Funds
Resolution
> PROPOSED RESOLUTION:
RESOLVED THAT the request from the Tillsonburg Public Library be received and
referred to staff to include with recommendations for 2003 budget.
OPERATIONS
CORPORATE SERVICES
5. Overnight Parking (By -Law 2997)
Presented By: Kathleen Musselman, Municipal By -Law Enforcement Officer
91
Parking By -Law Report.dc
Resolution
> PROPOSED RESOLUTION:
RESOLVED THAT the staff report regarding overnight parking, dated November 18,
2002, be received and that By -Law 2997 be implemented without modification.
6. Taxi and Limousine Regulating By -Law
Taxi to Council November 25, 2002B.(
Resolution
> PROPOSED RESOLUTION:
RESOLVED THAT the staff report regarding the taxi and limousine regulating by-law,
dated November 19, 2002, be received, and that the by-law be presented to Council for
third reading.
INFORMATION ITEMS
7. Airport Advisory Committee Minutes [zj
Page 3
" MINUTES: Meeting for the Committee "Open Council"
Review Access: • Public Private
MINUTES
Town of Tillsonburg
Meeting for the Committee "Open Council"
on
Tuesday November 12, 2002 07:00 PM
Council Chambers
Chair: Iry Horton
Orders of the Day: Call to Order
Closed Meeting Session
Disclosure of Pecuniary Interest or
the General Nature Thereof
Minutes & Business Arising out of the
Minutes
Adoption of Agenda
Public Meetings
Delegations
Community Services
Operations
Corporate Services
Information Items
Items of Public Interest
By -Laws
Closed Meeting Session continued
Committee of the Whole Report
Adjournment
CALL TO ORDER
CLOSED MEETING SESSION
> No. 1
Moved by Councillor Beres
Seconded by Councillor Molnar AND RESOLVED THAT Town Council move into Executive Closed
Session.
"Carried"
DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF
Iv
Page 1
MINUTES: Meeting for the Committee "Open Council"
MINUTES & BUSINESS ARISING OUT OF THE MINUTES
> DOctober 28, 2002
No. 2
Moved by Councillor Beres
Seconded by Councillor Molnar AND RESOLVED THAT the Minutes of Council under date of October
28th, 2002 be adopted.
"Carried"
ADOPTION OF AGENDA
> No. 3
Moved by Councillor Beres
Seconded by Councillor Molnar AND RESOLVED THAT the Agenda as prepared for the Council Meeting
of November 12th, 2002 be adopted.
"Carried"
PUBLIC MEETINGS
1. Committee of Adjustment Application - Mr. Henry Dalm (File A-39/02) D
Presented By: Mr. Paul Michiels, Planner, County of Oxford
Notice of Public Hearing...
91
Report from the County Planning Department... A39-02-TIL.pdi
In the absence of Mr. Michiels, the CAO reviewed the attached report.
No persons appeared in support of, or opposition to, the subject application.
The following resolution was passed.
Resolution
> No.4
Moved by Councillor Beres
Seconded by Councillor Molnar AND RESOLVED THAT the Tillsonburg Committee of
Adjustment approves application A-39/02 for 32 Bobolink Drive, subject to the following
conditions:
1. That a building permit be issued within one year of the date of the Committee's
decision;
2. That the applicants submit a revised OLS survey, if required, to the satisfaction of
the Town's Chief Building Official.
"Carried"
2. Committee of Adjustment Application - Pioneer Petroleum Management Inc. (File A-40/02) D
Presented By: Mr. Paul Michiels, Planner, County of Oxford
Page 2
-' MINUTES: Meeting for the Committee "Open Council"
Notice of Public Hearing_..
n
Report from the County Planning Department... A40-02-TIL.pdf
The CAO reviewed the attached report.
Mr. Jim Woods, Construction and Development Manager for Pioneer Petroleum
Management, appeared before Council asking for support of the application.
Mr. David Shepherd appeared before Council in support of the subject application. He
presented Council with the attached petition, in support of the application.
Petition.pdf
No other persons appeared in support of, or opposition to, the subject application.
The following resolution was passed.
Resolution
> No. 5
Moved by Councillor Molnar
Seconded by Councillor Beres AND RESOLVED THAT the Tilisonburg Committee of
Adjustment approve application A-40/02 for 115 & 123 Simcoe Street subject to the
following conditions:
1. That a building permit be issued within one year of the date of the Committee's
decision.
2. That the application be amended to replace the two requested minor variances,
with the following variance:
"Relief from Section 12.2.2.2.6, Exterior Side Yard, to reduce the required
exterior side yard from 9.0 m (29.5 ft) to 8.4 m (27.6 ft) to allow for the
construction of a car wash"
3. The applicant shall submit a site plan application for the properties to
demonstrate that the property will comply with the landscaped opens pace,
planting strip, parking and other site design requirements and that such site plan
shall receive approval by the Town;
4. That the two properties (115 Simcoe Street and 123 Simcoe Street) be legally
merged as one property under identical ownership.
"Carried"
3. Committee of Adjustment Application - Mr. Steve Cus D
Presented By: Mr. Paul Michiels, Planner, County of Oxford
Notice of Public Hearing...
Page 3
y MINUTES: Meeting for the Committee "Open Council"
Report from the County Planning Department... A41-02-TIL.pol
The CAO reviewed the attached report.
No persons appeared in support of, or opposition to, the subject application.
The following resolution was passed.
Resolution
> No.6
Moved by Councillor Molnar
Seconded by Councillor Beres AND RESOLVED THAT the Tillsonburg Committee of
Adjustment approve application A-41 /02 for 2 Crocus Avenue on the condition:
1. That a building permit be issued within one year of the date of the Committee's
decision.
"Carried"
4. Committee of Adjustment Application - Mr. Donald Bradstreet (File A-42/02) D
Presented By: Mr. Paul Michiels, Planner, County of Oxford
Notice of Public Hearing...
Report from County Planning Department... A42-02-TIL.pol
The CAO reviewed the attached report.
No persons appeared in support of, or opposition to, the subject application.
The following resolution was passed.
Resolution
> No. 7
Moved by Councillor Lewis
Seconded by Councillor Smith AND RESOLVED THAT the Tillsonburg Committee of
Adjustment approve application A-42/02 for 1 Sinclair Drive, subject to the following
conditions:
1) No portion of the deck which encroaches into the required rear yard more than
1.5 m (5 ft) shall be covered or enclosed; and
2) That a building permit be obtained for the existing deck within one year, if
required.
"Carried"
DELEGATIONS
> 5. Tillsonburg Sewage Treatment Plant Odours
Page 4
' MINUTES: Meeting for the Committee "Open Council"
Comments from the County of Oxford RE: Complaints Regarding Sewage Treatment
Plant Odours...
County.pdf
Complaints RE: Sewage Treatment Plant Odours:
n
Mr.Gary Seitz... Seitz.pdf
David A. Prince... Prince.pdf
Andrew Hutchinson... Hutchinson.pdf
Terry Wilson... Wilson.pdf
Doug and Marg Byers... Byers.pdf
• Mr. John Braum, County of Oxford, and Mr. Don Ford, Supervisor of Operations for
Oxford South, appeared before Council.
• Mr. Braum presented history with respect to the plant.
• It was noted that prior to the County assuming operations, OCWA (Ontario Clean
Water Agency) were contracted to operate the plant.
• Mr. Braum advised of steps that have been taken to attempt to correct the problems
at the plant.
• Mr. Braum noted that the County is currently working with industry in Tillsonburg to
comply with the County's Sewer Use By -Law.
• He advised that concerns have been taken to two consultants, and well as
neighbouring municipalities with similar concerns.
• Responses are expected from the consultants this week.
• Mr. Braum advised of plans to approach and survey residents that experience
problems with the situation.
• Mayor Horton noted in the past there have been rather isolated instances with odour
problems, however this year there has been a widespread problem.
• In response to a question with respect to the plant's capacity, Mr. Braum confirmed
that the plant is not working at its designed capacity. It should be adequate for the
next five to seven years.
• The problem appears to be when a substantial amount of specific substances enters
the system. As noted above, the County is working with industry.
• Mr. Braum noted that a Master Plan will be developed.
• In response to a question, Mr. Braum stated that in the future a new or additional
plant would likely be in the same location.
• It was noted that the County is on record as supporting a best management practices.
• Currently they have been trying to abate the odours, using an air -base oxidizer.
• Mr. Braum advised that sampling of each of the sources of odour for quantification
Page 5
MINUTES: Meeting for the Committee "Open Council"
would take approximately a month to assess and diagnose.
• Development of odour panel would be Mr. Braum's recommendation. It would take
three or four months to develop the panel and identify sources that are impacting the
neighbours.
• If it is required that the aerobic digesters be covered, it would take approximately a
year to engineer and install.
• Mr. Braum will continue to work towards a solution to control the odours.
COMMUNITY SERVICES
6. Airport Advisory Committee Minutes October 2, 2002
Please note that there are two recommendations contained in the Minutes of
October 2, 2002.
Resolutions
> No. 8
Moved by Councillor Lewis
Seconded by Councillor Smith AND RESOLVED THAT the Airport Advisory Committee
Minutes of October 2, 2002 be received.
"Carried"
No. 9
Moved by Councillor Smith
Seconded by Councillor Lewis AND RESOLVED THAT Council endorse and adopt the
Terms of Reference as presented for the Airport Advisory Committee.
"Carried"
No. 10
Moved by Councillor Smith
Seconded by Councillor Lewis AND RESOLVED THAT the $3,482.00 received from the
WSAC Committee, representing admission fees collected, be placed in the Airport
reserves for a future Capital Project.
"Carried"
7. Airport Advisory Committee Minutes of September 12, 2001
Recommendation contained in item E
Resolution
> No. 11
Moved by Councillor Beres
Seconded by Councillor Molnar AND RESOLVED THAT the Airport Advisory Committee
Minutes of September 12, 2001 be received.
"Carried"
No. 12
Moved by Councillor Beres
Seconded by Councillor Molnar AND RESOLVED THAT the correspondence dated
September 11, 2001 from the Canadian Harvard Aircraft Association be received,
as contained in the Airport Advisory Committee Minutes of September 12, 2001, and that Council
authorize the erection of the said sign.
"Carried"
Page 6
MINUTES: Meeting for the Committee "Open Council"
OPERATIONS
CORPORATE SERVICES
INFORMATION ITEMS
8 Museum Advisory Committee Minutes October 3 & 24, 2002 D
9 Cemetery Advisory Committee Meeting Minutes D
10 Public Notice - Application for Zone Change - Peter & Jacoba Retsinas D
Public Notice...
11 Public Notice - Application for Official Plan Amendment - Rock Developments Inc. D
Public Notice...
ITEMS OF PUBLIC INTEREST
RESOLUTIONS
12. Appointment to Non -Profit Housing Corporation
No. 13
Moved by Councillor Molnar
Seconded by Councillor Beres AND RESOLVED THAT Mrs. Nan Rinsma be appointed to the Board of
Directors of the Town of Tillsonburg Non -Profit Housing Corporation.
"Carried"
BY-LAWS
> The following By -Laws were given first and second reading:
13. By -Law 3039 - Cemetery By-law D
Page 7
" MINUTES: Meeting for the Committee "Open Council"
14. By -Law 3040 - Airport Advisory Committee By -Law
Resolutions
Moved by Councillor Smith
Seconded by Councillor Lewis AND RESOLVED THAT By -Law 3039 to amend By -Law 2947 establishing
the Tillsonburg Cemetery Advisory Board; and
By -Law 3040 to establish the Tillsonburg Airport Advisory Committee be introduced and read a first and
second time and be referred to Committee of the Whole for further consideration and this constitutes the
first and second reading thereof.
"Carried"
Moved by Councillor Smith
Seconded by Councillor Lewis AND RESOLVED THAT Committee do now rise and go into Committee of
the Whole for the purpose of considering By -Law numbers 3039 and 3040.
"Carried"
The following By -Laws were given third and final reading:
15. By -Law 3036 - To establish the number of Elected Members of Council
> By -Law 3036 - To establish the number of Elected Members of Council
50
By -Law Council number and composition
16. By -Law 3037 - To authorize the sale of certain lands on Broadway to David Leigh and Lori
Graves
By -Law Sale to David Leigh and Lori Graves Offer.tif
Resolutions
Moved by Councillor Smith
Seconded by Councillor Lewis AND RESOLVED THAT Committee do now rise and report on By -Law
numbers 3036 and 3037 as passed in Committee without amendment.
"Carried"
Moved by Councillor Smith
Seconded by Councillor Lewis AND RESOLVED THAT By -Law 3036 to establish the number of Elected
Members of Council be given third and final reading and the Mayor and Clerk be and are hereby
authorized to sign the same and place the Corporate Seal thereunto.
"Carried"
Moved by Councillor Smith
Seconded by Councillor Lewis AND RESOLVED THAT By -Law 3037 to authorize the sale of certain lands
on Broadway to David Leigh and Lori Graves be given third and final reading and the Mayor and Clerk be
and are hereby authorized to sign the same and place the Corporate Seal thereunto.
"Carried"
RESOLUTIONS
Page 8
MINUTES: Meeting for the Committee "Open Council"
No. 14
Moved by Councillor Beres
Seconded by Councillor Lewis AND RESOLVED THAT Paragraph 10 of By -Law 2997 be the subject of a
staff report for the next regular meeting of Council.
"Carried"
CLOSED MEETING SESSION CONTINUED
> No. 15
Moved by Councillor Beres
Seconded by Councillor Molnar AND RESOLVED THAT Town Council move into Executive Closed
Session.
"Carried"
COMMITTEE OF THE WHOLE REPORT
ADJOURNMENT
Council moved out of Executive, and passed the following resolution
No. 16
Moved by Councillor Beres
Seconded by Councillor Molnar AND RESOLVED THAT Mr. Phillip Esseltine be appointed to the
Tillsonburg Hydro Inc. Board of Directors, effectively immediately.
"Carried"
Meeting adjourned.
Approval Received: (0 of 1)
Lana Verstraeten/Tillsonburg (Thursday November
21, 2002 12:01 PM)
Town of Tillsonburg
Page 9
File: A-43/02
Date: November 12, 2002
TOWN OF TILLSONBURG
COMMITTEE OF ADJUSTMENT
NOTICE OF PUBLIC HEARING
Please take notice that the following application has been submitted to the Tillsonburg Committee of Adjustment
under section 45 of the Planning Act, R.S.O. 1990. Before making its decision on the application, the Committee will
hold a public hearing to consider submissions from both the applicant and every other person who desires to be heard
in favour of and/or against the application. The public hearing is to be held:
Date: Monday, November 25, 2002
Time: 7:00 pm
Location: Town Council Chambers
Tillsonburg Corporate Offices, Town Centre Mall, 2"d Floor
OWNERS/APPLICANTS:
Mr. Doug Barnes
60 Seres Drive
Tillsonburg ON N4G 5E7
LOCATION:
AGENT:
Ms. Shirley Magashazi
Remax
565 Broadway
Tillsonburg ON N4G 3S8
Part Lot 20, Plan 41 M-86, designated as Part 2 on 41 R-3410, municipally known as 60 Seres Drive.
PURPOSE OF APPLICATION:
The applicants are applying for relief from rear yard requirements of the R2-3 zone for an existing single family
dwelling to recognize an existing single family dwelling with a covered porch. The Applicant has requested the
following minor variance from the `Special Residential Second Density (R2-3)' zone:
1. "Permission for relief from Section 7.3.3.2.4., Lot Coverageto increase the maximum lot coverage for
all buildings and structures from 50% to 54.5% to recognize an existing dwelling with a covered
porch. "
You are invited to present your comments regarding the application either in person at the public hearing or in writing
to the Secretary -Treasurer prior to the public hearing. If you do not attend or are not represented at this meeting, the
Committee may proceed in your absence and you will not be entitled to any further notice of the proceedings.
If you would like a copy of the Decision of the Committee of Adjustment, please request, in writing, a "Notice of
Decision" from the Secretary -Treasurer. The Notice of Decision will be mailed not later than ten days from the date
of the Committee's decision.
Please be advised that the Oxford County Public Health and Planning Department will be conducting a review of the
application and if you would like a copy of the Planning Report or have any questions, please contact Paul Michiels,
Planner at 842-9200 extension 236.
o s Iy,
Davi orris, A
Secretary -Treasurer
Tillsonburg Committee of Adjustment
Tillsonburg Corporate Office
200 Broadway, 2"d Floor
Tillsonburg ON N4G 5A7
�\ \�A "� A�� llr�
Doug Barnes, 60 Seres Drive
Application A-43/02
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OUR FILE
The Corporation of the
COUNTY OF OXFORD Phone: (519) 539-9800
OFFICE OF COMMUNITY AND STRATEGIC PLANNING Fax: (519) 537-3024
P.O. Box 397, Court House, Woodstock ON N4S 7Y3
ZON 7-294
APPLICATION FOR ZONE CHANGE
To: The Mayor and Members of
Tillsonburg Town Council
OWNERS:
Peter & Jacoba Retsinas
65 Concession Street West
Tillsonburg ON
N4G 1 R6
REPORT No.: 2002-236
MEETING DATE: November 25`h, 2002
SOLICITOR:
Dennis Odorjan,
P.O. Box 397, 37 Harvey Street,
Tillsonburg ON,
N4G 4H8
LOCATION:
Part Lot 5, Registered Plan 1646 and Part 1, Plan 41 R-3452, Town of Tillsonburg
south side of Concession Street between Charlotte Avenue and Stony Creek,
municipally know as 65 Concession Street.
COUNTY OF OXFORD OFFICIAL PLAN:
Schedule °T-1" Town of Tillsonburg Residential
Land Use Plan
Schedule "T-4" Town of Tillsonburg Low Density Residential
Residential Density Plan
TOWN OF TILLSONBURG ZONING BY-LAW No. 1994:
Existing Zoning: `Residential First Density (R1)'
Requested Zoning: Special 'Residential Third Density (R3-Special)'
P.O. Box 397, Court House, Woodstock, Ontario N4S 7Y3 • ptanning@county.oxtord.on.ca
File No. ZON 7-294
APPLICATION REVIEW:
(a) Proposal
Page 2
Report No. 2002-236
An application for zone change has been submitted to the Town of Tillsonburg to
rezone the subject properties from 'Residential First Density (R1)' to Special
'Residential Third Density (R3-Special)' to permit the development of a residential
condominium consisting of 16 one storey, cluster dwellings.
The northwesterly of the two properties (Lot B on Plate 1) is approximately 0.24
ha (0.6 ac) in area and contains an existing single family dwelling and detached garage
with driveway access onto Concession Street, which is currently occupied by the
applicants. It is intended that the existing dwelling and detached garage will be
removed to accommodate the proposed development. The easterly of the two
properties (Lot A on Plate 1) is approximately 0.68 ha (1.68 ac) in area and contains no
buildings or structures. It should be noted that only the northerly 0.55 ha (1.36 ac)
portion of this property is proposed to be rezoned for the proposed development. The
southerly 0.13 ha (0.32 ac) portion of Lot A, which fronts onto Wilson Avenue, will
remain in a 'Residential First Density (R1)' Zone. No specific proposal has been
submitted for the southerly portion of the property, which is to remain zoned R1. It is
proposed that these two properties will be legally merged under one ownership if the
development is approved.
Plate 1, Location Map, is an aerial photograph which indicates the location of the
subject lands (labelled as Lot A & Lot B), as well as the existing zoning in the immediate
vicinity. The westerly subject property contains a single detached dwelling, while the
easterly property contains no buildings or structures. The easterly of the subject
properties has frontage on both Concession Street and Wilson Avenue. The adjacent
lands to the south consist of single detached dwellings located in Hickory Hills
subdivision. Lands to the east and to the north across Concession Street, consist of
ravine lands associated with Stony Creek. Lands to the west, along Concession Street,
consist primarily of single detached residential dwellings.
Plate 2, Applicant's Concept Plan, is a concept residential condominium site plan
for the subject lands, including the internal road layout and the location of the residential
buildings on the property.
(b) Background
A number of planning applications have been previously submitted for the subject
properties. The following is a brief overview of the application history:
December 1985
Applications for Official Plan Amendment (10-65), Consent (B-163185) and Zone
Change (ZON 7-111) were submitted for the subject properties (at that time still joined
as one property) to allow for the construction of a three storey, 23 unit apartment
Ierezoned
Plate 1 - Location Map
Peter and Jacobs Retsinas, 65 Concession Street West (Tillsonburg)
Application ZON 7-294
NOTE: THIS IS NOT A PLAN OF SOINEY
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File No. ZON 7-294 Page 3
Report No. 2002-236
building on a 0.6 ha (1.49 ac) lot, with access onto Wilson Street. The applications for
Official Plan Amendment, to designate the property 'Medium Density Residential', and
Zone Change, from 'Residential First Density (R1)' to 'Residential Type 3 (R3)', were
considered by Town Council on February 11 `h, 1986 and Oxford County Planning
Committee on February 201h, 1986. The application for zone change was denied by
Town Council and, although recommended for approval by the County Planning
Department and County Planning Committee, the Official Plan Amendment was denied
by County Council at their meeting of February 26`h, 1986. The associated consent
application was subsequently withdrawn by the applicant.
August 1986
An application for consent (B-62/86) was considered by the Oxford County Land
Division Committee for the subject property at their meeting of August 21 S`, 1986. The
application proposed to sever a 0.76 ha (1.88 ac) property, containing no buildings or
structures and retain a vacant 0.25 ha (0.62 ac) property, containing an existing
dwelling (Lot B in the current application). The application was granted by the
committee and the parcel was subsequently created.
August 1991
Two applications for consent (B-3/90 & B-20/90) were considered by the Oxford County
Land Division Committee for the subject property at their meeting of August 15`h, 1991.
The applicants proposed to create two 710.7 m2 (7,650.2 ft2) residential building lots
fronting on Wilson Street and retain an approximately 0.6 ha (1.5 ac) lot containing no
buildings or structures. The Oxford County Land Division approved application B-3/90
(westerly lot) and denied B-20/90 (easterly lot) stating that it was premature and might
jeopardize future development of the lot to be retained. The applicant did not fulfil the
required conditions of approval within the one year time frame and the approval lapsed.
April 1993
An application for consent (B-13/93) was considered by the County Land Division
Committee at their meeting of April 7`h, 1993. Similar to the previously lapsed
application B-3/90, this application proposed to sever a 696.8 m2 (7,500.5 ft2) residential
building lot fronting on Wilson Street and retain a 0.67 ha (1.67 ac) lot containing no
buildings or structures (Lot A in the current application). The application was granted
and the lot was subsequently created and a single detached dwelling constructed in
1999 (163 Wilson Street).
The current zone change application is proposing to merge the two subject properties
(Lot A & Lot B) to allow for the construction of a 16 unit, single stoey residential
condominium with vehicular access onto Concession Street West.
File No. ZON 7-294
(c) Official Plan
Page 4
Report No. 2002-236
The subject properties are located within the 'Low Density Residential'
designation on the Residential Density Plan for the Town of Tillsonburg in the County
Official Plan. The Official Plan states that Low Density Residential areas will
accommodate a variety of low rise, low density housing forms including single -
detached, semi-detached, duplex, converted dwellings, quadraplexes, townhouses and
low density cluster development. It also states that there will be a mixing and
integration of different forms of housing to achieve a low overall density of uses.
However, the Official Plan states that the full range of housing will not necessarily be
permitted in every individual neighbourhood or development and Town Council may
chose to restrict the range of uses permitted in a particular location through the zoning
by-law.
Within low density residential areas, the minimum overall net residential density
shall be 15 units/ha (6 units/ac) throughout the Town, while the maximum net residential
density for an individual development shall not exceed 30 units/ha (12 units/ac). To
achieve this target, Town and County Council will support a variety of lot sizes and
configurations, the development of low rise multiple units and may consider narrower
road widths and private roads within multiple unit condominium developments. In this
case, the proposed residential condominium development would represent a net
residential density of approximately 25 units/ha (10 units/ac).
The Official Plan contains policies which allow for residential infill development
on lots with minimum street frontage and on small vacant remnant parcels of land which
cannot be integrated into a plan of subdivision. When considering such proposals the
County Land Division Committee and Town Council will be guided by the following
criteria:
• the nature of the proposed residential development will be evaluated having
regard to the type of housing found in the surrounding residential
neighbourhood;
• for proposals involving more than two dwelling units, the exterior design in
terms of height, bulk, scale and layout of the proposed building is consistent
with present land uses in the area;
• the siting of both buildings and parking areas in relation to the size,
configuration and topography of the lot is such that effect on light, view and
privacy of adjacent backyards is minimal;
• direct vehicular access to a public street will be required and driveways will
have sufficient width to allow efficient vehicular use and turning of both
private and emergency vehicles and to provide for snow storage;
• proposed multiple unit use is consistent with the multiple unit requirements for
low density areas.
The Official Plan states that multiple unit dwellings such as townhouse and
cluster development will generally be restricted to the following areas:
Sites which abut arterial or collector roads or are situated such that traffic
impacts from the site create a minimum disturbance on local streets;
File No. ZON 7-294
Page 5
Report No. 2002-236
• Sites where the topography or other natural features would be best preserved
by fewer buildings;
• Sites which are close to shopping, recreation, cultural and community
facilities;
As well, the Official Plan contains a number of site design criteria to be
considered for multiple unit development and be applied where feasible. These criteria
relate to such site design issues as building design, topography, location and design of
driveways and parking areas, fencing, pedestrian facilities, landscaping, buffering,
servicing etc.
In this case, the application is proposing a 16 unit, single storey, cluster type
development. The proposed site abuts an arterial road (Concession Street West) and a
local road (Wilson Avenue), with the proposed access off Concession Street West in the
location of the existing driveway. However, it should be noted that the Town's Manager
of Engineering has indicated that submission of a traffic study will be required to
determine whether the proposed access has adequate vehicular site lines. Our recent
site inspection has indicated that the northerly portion of the site may have some
topographic constraints resulting from a significant slope down toward Concession
Street West. Based on comments received from the Town's Manager of Engineering,
the applicant will be required to submit a slope stability report to identify and address
any potential hazards for the construction and placement of new building or structures.
Finally, the site is located immediately to the west of Participate Park, approximately a
half kilometre from school, hospital and nursing Home facilities and less than one
kilometre from the central commercial area of the Town.
It should be noted that the applicant will be required to submit a formal site plan
application for the subject property, as part of the planning review process, which shall
include detailed information pertaining to the site layout including a site plan, site
servicing plan, landscape plan, grading plan and building elevation and cross section
drawings. These detailed plans will allow the Town to review the more detailed site
design issues with respect to the Official Plan criteria and evaluate such issues as
screening from adjacent properties, integration with surrounding uses in terms of
building height etc. and traffic, slope, stormwater and grading issues identified by the
various agencies.
Based on our review of the existing site, it is the opinion of our office, that the
proposed residential condominium development would be in general keeping with the
policies pertaining to multiple unit residential development in the 'Low Density
Residential' designation, provided that the identified traffic, slope and site design issues
can be appropriately addressed through the site plan control process. In this regard,
the applicant will be required to revise the proposed site layout to ensure proper
integration of the development with adjacent residential uses, once any development
constraints on the site have been identified e.g. slope, access.
File No. ZON 7-294
(d) Zoning By -Law
Page 6
Report No. 2002-236
The subject property is zoned "Residential First Density (R1)" in the Tillsonburg
Zoning By -Law, which permits a single detached dwelling, a home occupation and a
church. The applicant has requested a special 'Residential Third Density (R3-Special)'
Zone for an approximately 0.79 ha (1.95 ac) portion of the two properties to allow for the
proposed multiple unit condominium development. The southerly 0.12 ha (0.32 ac) of
the site will remain in an R1 zone and no buildings or structures are currently being
proposed.
The standard R3 Zoning permits a range of residential dwelling types, including
single -detached, semi-detached, quadraplex, boarding or lodging houses, maisonettes,
apartments and group housing. The applicant has requested a Special 'Residential
Type 3 (R3-Special)' zoning to restrict the use of the site to cluster housing, consisting
of 4 blocks of single storey row dwellings, and to incorporate any special provisions
identified during the site plan process which may be necessary to accommodate the
proposed development. The specific provisions for the zone will be determined at such
time as an approved site plan has been developed for the property.
Based on our review of the application and a recent site inspection, the two
properties, once merged, would comply with the lot frontage, depth, area and coverage
requirements of the By -Law. However, our initial review of the concept site plan
indicates that front yard, rear yard and interior side yard setbacks would be deficient
from the standard R3 Zoning By-law requirements for group development. Submission
of a detailed site plan will be required to determine compliance with the other By -Law
provisions relating to such issues as building setbacks, planting strips, location and
dimensions of parking spaces and access lanes etc.
(e) Agency Review
The application for zone change has been reviewed by a number of public
agencies.
The Long Point Region Conservation Authority offered the following comments:
"Of concern to this Authority are the potential impacts that this development may
have on storm water drainage, soil erosion and sedimentation. In this regard, we
would recommend that lot grading, soil conservation and stormwater
management plans be required prior to development proceeding"
The Town's Manager of Engineering provided the following comments:
• The owner or his agent shall consult with the Town of Tillsonburg early in the
design stage to ascertain the standard requirements and specifications for
servicing the above development;
• If relocation of sewers, electrical and/or water plants is required, the
owner/developer shall bear all costs associated with the said relocation;
File No. ZON 7-294
Page 7
Report No. 2002-236
• All streets shall be developed to Town standard, including the width of the
road to accommodate a fire truck;
• A detail flow calculation for the sewers must be submitted to the Town of
Tillsonburg for approval;
• A development agreement shall be required, including the necessary
deposits and letter of credit to the cover the costs of all works;
• a traffic study, including sight distance to the entrance must be submitted to
the Town of Tillsonburg for approval;
• All underground utilities shall be developed to Town standard, as per the
Town Design criteria for storm and sanitary sewers, watermain, roads, curbs,
sidewalk, street lights etc.;
• Grant such easements and/or service corridors as may be required for
utilities or drainage purposes to the appropriate authority;
• Prior to any development, a storm water management report must be
submitted to the Town of Tillsonburg for approval;
• A slope stability/erosion review for this development to be carried out subject
to the approval of the Long Point Region Conservation Authority and the
Town of Tillsonburg;
• Prior to any development, a servicing plan shall be submitted to the Town for
approval;
• This development should require the MOE approval before the construction
is started;
• Submit a lot grading plan to the Town of Tillsonburg for review and
comments;
• A copy of the Town of Tillsonburg design criteria for residential subdivision is
available for purchase from the Engineering Department;
• The development should require an application for allocation of water prior to
any development.
The remaining responding agency, consisting of the Town's Director of Corporate
Services, has indicated that they have no objections to or comments with the
application.
As well, a letter of concern submitted by a neighbouring property owner on
Concession Street West has been attached to this report for Council's information.
(e) Planning Review
The application for zone change has been submitted to rezone the subject
properties from 'Residential First Density (R1)' to Special 'Residential Third Density (R3-
Special)' to permit the development of a residential condominium consisting of 16 single
storey cluster dwellings.
Based on our review of the application, the proposed residential condominium
development would be in general keeping with the policies pertaining to multiple unit
residential development in the 'Low Density Residential' designation, given low-rise
form of dwelling, frontage on an arterial road and proximity to community facilities.
However, given the identified front, interior side yard and rear yard setback deficiencies,
we still have some concern with integration of the development with surrounding
File No. ZON 7-294 Page 8
Report No. 2002-236
residential uses. The applicant has requested a Special 'Residential Third Density (R3-
Special)' zone to allow for the proposed condominium development and to incorporate
any provisions which may be identified through the site plan process. Submission of a
more detailed site plan is required to determine compliance with the other By -Law
provisions relating to such issues as building setbacks, planting strips, location and
dimensions of parking spaces and access lanes etc. No objections were received as a
result of agency circulation, however, a number of issues have been identified by the
various agencies relating to such issues as slope stability, stormwater management,
access and servicing which will also need to be appropriately addressed though the site
plan approval process.
In summary, it is the opinion of our office that the application be deferred until
such time as a formal site plan is submitted for the subject property which addresses
the identified traffic, slope stability, servicing and site design issues. In this regard, the
applicant will be required to revise the proposed site layout to ensure proper integration
of the development with adjacent residential uses once any development constraints on
the site have been identified e.g. slope, access.
RECOMMENDATION:
It is recommended that the Council of the Town of Tillsonburg defer the zoning by-
law amendment application submitted by Peter and Jacoba Retsinas, whereby lands
located at Part Lot 5, Registered Plan 1646 and Part 1, Plan 41R-3452, in the Town of
Tillsonburg, are zoned from 'Residential First Density (R1)' to Special 'Residential Third
Density (R3-Special)' to allow the applicant to submit a formal site plan application to
address traffic, slope stability, servicing and site design issues.
Original Signed By:
"Paul Michiels" "James Hill"
Paul Michiels James Hill, MCIP, RPP
Planner Manager of Community and Strategic Planning
PM/pin November 18th, 2002
Town of Tillsonburg November 19, 2002
200 Broadway 2nd Floor
Tillsonburg, Ontario
N4G SA7
Attention: Town Council and Paul Michiels
RE: File ZON 7-294
Zoning By -Law Amendment
We are writing due to our concerns about the impact the proposed development at 65 Concession
Street West will have on the value of our property at 69 Concession Street West.
When we purchased our home in June 2000 it was our understanding that the land next to 65
Concession Street West would be sold for single family homes, as indicated on the real estate sign.
In the fall of 2001 Mr Retsinas stated he was planning a single family home development on his
land.
A recent bank appraisal done on our home took into consideration that the vacant land would have
single family dwellings. We have consulted with real estate agents as well as a lawyer who have
advised us that privacy is an important factor affecting the value of our property as well as that of
neighbouring properties.
The proposed zoning change which would allow a new condominium complex will affect our property
and safety in the following ways:
1. Invasion of privacy through increased traffic, lights and pedestrians.
2. The danger of a busy entrance to the complex being feet away from our driveway where our
children play.
3. The safety concerns about an entrance being on top of a hill in a blind spot on a very busy road.
4. Further amendments being made once zoning has been changed which may result in two storey
town homes or a larger complex being placed closer to our property.
5. The condominiums being changed into a rental property if they do not sell.
6. The placement and smell of garbage storage and disposal.
7. Placement of utility connections and interference with our existing services.
8. The impact on existing green spaces (Canada Trail) surrounding the lot and our backyard.
9. The condominium complex will not integrate with the existing neighbourhood.
We are asking that the Council of Tillsonburg not approve the zoning changes sought based on our
concerns and on our understanding that single dwelling homes were intended for this property.
We are requesting that we be notified in writing and allowed to attend any further meetings
regarding this property due to the impact that any new projects will have on our safety and on the
value of our property.
Thank you for reading this and taking ipta=psideration our concerns.
Sincerely,
Emi!y BBe�eckmans d Peter Raine (Home ��56 Concession St �estU2-7215)
e
co�wuts�s
OUR FILE
The Corpora t ion of the
COUNTY OF OXFORD
DEPARTMENT OF PUBLIC HEALTH AND PLANNING
Planning and Development
OP 11-71
APPLICATION FOR OFFICIAL PLAN AMENDMENT
TO: The Mayor and Members of
Tillsonburg Town Council
OWNER:
759414 Ontario Limited
c/o Ms. Vivian Wong
5400 Yonge Street
Toronto ON
M2N 5R5
LOCATION:
APPLICANT:
Phone: (519) 539-9800
Fax: (519) 537-3024
REPORT NO.: 2002-237
MEETING DATE: November 25" , 2002
Rock Developments Inc.
13275 Tucumseh Rd East
Tecumseh ON
N8N 2T4
SOLICITOR:
Mr. Gary Wellman, Esq.
Kirwin Partners LLP
423 Pelissier Street
Windsor ON
N9A 4L2
South Part of Lot 7, Concession 10, (Dereham) and Part 1, Plan 41 R-857 Town of
Tillsonburg
east side of Broadway Avenue between North Street and the northerly municipal
boundary between the Town of Tillsonburg and the Township of South-West Oxford,
municipally known as 690 Broadway (Highway #19).
COUNTY OF OXFORD OFFICIAL PLAN:
Existing:
Schedule T-1 Town of Tillsonburg Land `Highway Service
Use Plan Commercial'
Proposed:
Schedule T-1 Town of Tillsonburg Land `Highway Service
Use Plan Commercial' with special
policies
P.O. Box 397, Court House, Woodstock, Ontario N4S 7Y3 • planning@county.oxford.on.ca
File No.: OP 11-71
TOWN OF TILLSONBURG ZONING BY-LAw No.1994:
Existing Zoning:
Proposed Zoning:
APPLICATION REVIEW:
(a) Proposal
'Development (D)'
Special "Highway Commercial (C2-25)'
Page 2
Report No. 2002-237
The County of Oxford has received an application for Official Plan Amendment.
The Official Plan Amendment proposes to amend the Highway Service Commercial
designation on the approximately 3.34 ha (8.25 ac) site to specifically restrict the uses
to a 3,716 m2 (40,000 ft2) Sobey's supermarket, a 325.2 m2 (3,500 ft2) restaurant and a
maximum of 371.6 m2 (4,000 ft2) convenience retail space. The site is currently in
agricultural production and contains no buildings or structures.
It is our understanding the current Official Plan Amendment application has been
submitted to attempt to address the concerns raised by the Tillsonburg BIA during the
review of the associated Zone Change application (ZON 7-288) by limiting the property
to the type and scale of uses currently being proposed for the site.
Plate 1, Location Map, is an aerial photograph which indicates the location of the
subject lands as well as the existing zoning in the immediate vicinity. Lands to the
south and east of the subject property consist of low density residential development
and future development lands, lands to the north consist of future highway commercial
development lands and currently contain a miniature golf course, driving range and
batting cage, with the remainder in agricultural production, while lands across Broadway
Avenue to the west consist of an automobile dealership, vacant highway commercial
lands and residential development.
Plate 2, Applicant's Site Plan, is the site plan submitted with the application
showing the proposed layout for the commercial development. The plan shows the
location of the proposed Sobey's supermarket, eating establishment and associated
parking facilities, as well as a pad for future highway commercial development.
(b) Background
Associated applications for Zoning By -Law amendment (ZON 7-288) and
consent (B-6102) were filed for the subject property with both the Town and County in
early 2002. The purpose of the consent and zone change applications was to create a
3.34 ha (8.25 ac) commercial building lot for the construction of 3,716 m2 (40,000 ft2)
grocery store, a restaurant and a future commercial pad. The consent application was
LEGEND
Zoning Line
Municipal Limits
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759414 Ontario Limited, Pt. 1, Plan 4113-857 (Tillsonburg)
Application OP 11-71
NOTE: THIS IS NOT A PLAN OF SURVEY
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File No.: OP 11-71 Page 3
Report No. 2002-237
considered by Town Council at their meeting of March 251h, 2002 and they
recommended that the County Land Division Committee defer the application to allow
the applicant to submit a traffic impact study, concept and preliminary servicing plan and
Market Impact study in order to address a number of issues identified during the
planning review. The applicant subsequently submitted the required studies for review
by Town and County staff and Town Council passed a resolution at their July 81h, 2002
meeting recommending that County Land Division Committee approve the consent
application. The County Land Division Committee considered the application at their
meeting of August 1st, 2002 and approved it subject to a number of conditions, including
appropriate rezoning of the subject property and approval of an appropriate site plan.
The associated zone change application was subsequently approved by Town
Council at their meeting of August 121h, 2002. The approved zoning By -Law
amendment rezoned the property to Special `Highway Commercial (C2-25)' to allow a
full range of highway commercial uses as well as a retail food store, not exceeding
3,716 m2 (40,000 ft2). The zoning By -Law amendment was subsequently appealed to
the Ontario Municipal Board by the Tillsonburg Business Improvement Association on
the basis that the use does not conform to the County Official Plan.
It is our understanding that the applicant has submitted the current Official Plan
Amendment application to deal with the concerns raised by the Tillsonburg BIA during
the review of the associated Zone Change application (ZON 7-288) by limiting the
property to the uses currently being proposed for the site.
(c) Official Plan
The subject property is located within the `Highway Commercial' designation on
the Land Use Plan for the Town of Tillsonburg in the County of Oxford Official Plan.
The Official Plan states that the Highway Service Commercial designation
applies to those areas largely developed for commercial uses which primarily cater to
the commercial needs of the travelling public. Types of service commercial uses that
generate significant amounts of traffic and draw customers from a wide area may also
be located within these areas.
Permitted uses in such designations include: hotels, motels, hotel/conference
facility, automotive services, furniture warehouses, farm implement sales, personal and
business services, convenience commercial uses, recreation and entertainment uses,
restaurants and fast food outlets, 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.
Community shopping centres offering a range of goods and services, which cater
to the convenience shopping and service needs of community residents and the
travelling public, are a permitted use in the Highway Service Commercial designation.
File No.: OP 11-71 Page 4
Report No. 2002-237
Community shopping centres will have between 930 and 4,645 m2 (10,000 ft2 to 50,000
ft2) of gross leaseable commercial floor area.
Highway commercial uses will generally have direct access, or access via a
service road or major arterial road, with access points to arterial or collector roads
limited to the minimum necessary for the proper function of the area and sufficient off-
street parking shall be provided.
The Official Plan also states that site plan control may be required in such areas
to address the following design criteria:
• Landscaping will be required along public roads adjacent to the site and vegetative
landscaping shall be incorporated within parking areas;
• Outdoor storage areas are to be fenced or screened from the street and adjacent
residential uses;
• Light spill over onto adjacent residential uses shall be minimized;
• Loading facilities and service areas shall be located to minimize effects on adjacent
residential properties;
• The number of access points is restricted to the minimum required for the site to function
properly. Shared access with adjacent uses is encouraged;
• On site drainage and the needs of persons with disabilities.
The site plan submitted for the site indicates two direct accesses onto an arterial
road, Broadway Avenue (Highway #19) for the proposed commercial development. Any
new development will be required to connect to public water and sewer. With respect to
traffic impacts, the Town's Manager of Engineering, the County and the Ministry of
Transportation have reviewed the submitted Traffic Impact Study and identified a
number of issues which are to be addressed through the conditions of approval and the
site plan process.
Based on the review by Town and County Staff, it is the opinion of our office that
the recommendations of the Planning Report, Market Impact Study & peer review, Final
Servicing Strategy, Traffic Impact Study and subsequent comments, as well as the
issues raised during agency review, will be appropriately addressed through the
conditions of consent, the site specific C2-25 zoning and the site plan process.
As previously indicated, it is the opinion of our Office that the proposed
development is in keeping with the policies of the County Official Plan relating to
development in the highway service commercial designation. It is our understanding,
that although the applicant concurs with this position, they have submitted this Official
Plan Amendment application to limit the full range of permitted uses on the subject
property to the 3,716 m2 (40,000 ft2) supermarket, 325.2 m2 (3,500 ft2) restaurant and a
maximum 371.6 m2 (4,000 ft2) convenience commercial and service space currently
being proposed, in an attempt to satisfy the concerns expressed by the Tillsonburg BIA
with respect to the zone change application. It should be noted that although the floor
area of the proposed future convenience commercial and service space has been
substantially reduced from the 929 m2 (10,000 ft2) proposed in the zone change
File No.: OP 11-71 Page 5
Report No. 2002-237
application, the floor area of the proposed supermarket and restaurant remains
unchanged.
In this case, it is the opinion of our office that the proposed site specific
amendment to limit the range and scale of uses on this site can be considered for the
following reasons:
• a highway service commercial development with a specified list of uses has been
proposed for the site, so the proposed amendment would not unduly limit the appropriate
development of the property;
• a number of concerns about the scale and future expansion of commercial uses on the
site were expressed during the public consultation process which the applicant is
attempting to address; and
• the proposed amendment is in keeping with the recommendations of the Town's peer
review consultant (Robin Dee) with respect to limiting the scale of uses on the property
to what has been proposed.
In summary, based on our review of the application, it is the opinion of our office
that the proposed site specific amendment would be in keeping with the general intent
of the County Official Plan and can be supported. If the application is granted, we
would recommend the amendment incorporate the following wording into Section
8.3.3.2.1. of the County Official plan relating to site specific provisions in the highway
service commercial designation:
"Notwithstanding the uses permitted in 8.3.3.2.1 of the County Official Plan for
the Highway Service Commercial area, a 3.34 ha (8.25 ac) parcel of land
lying at South Part of Lot 7, Concession 10, (Dereham) and Part 1, Plan 41R-
857 in the Town of Tillsonburg, shall be used for no other purpose than a
supermarket, not exceeding 3,716 m2 (40, 000 ft2) of gross floor area,
restaurant and fast food outlets, not exceeding 325.2 m (3,500 ft2) of gross
floor area, and other convenience commercial and service space, not
exceeding 371.6 m2 (4,000 ft2) of gross floor area."
The term convenience commercial and service in the Official Plan would include
such uses as food stores, meat markets, delicatessens, fruit and vegetable markets,
financial institutions, video rental outlets, convenience stores, real estate offices, dry
cleaning depots, photo finishing outlets, hairdressers, tailor shops, etc.
(d) Zoning By -Law
The site is currently zoned 'Development (D)' in the Town of Tillsonburg Zoning
By -Law No. 1994. A Zoning By -Law Amendment was passed by Town Council at their
meeting of August 12`h, 2002, to rezone the site to Special 'Highway Commercial (C2-
25). The C2-25 zone allows for a full range of standard C2 zone uses, as well as a
retail food store, not exceeding 3,716 m2 (40,000 ft2). The proposed development
would comply with all the provisions of the C2-25 zone, however, it should be noted that
File No.: OP 11-71 Page 6
Report No. 2002-237
this zoning will not be in full force and effect until the current appeal to the Ontario
Municipal Board has been resolved.
The current C2-25 zoning approved for the subject property does not currently
restrict the gross floor area for the restaurant and fast food, or convenience commercial
and service space. However, it should be noted that, with the exception of a retail food
store, not exceeding 3,716 m2 (40,000 ft), the only other convenience commercial and
service type uses currently listed in the approved C2-25 zoning for the property are: a
bank, a convenience store, not exceeding 186 m2 (2002.2 ft2) of gross floor area, and a
real estate office. No restriction on gross floor area was incorporated into the current
C2-25 zoning for the property for any uses other than a retail food store, as the size of
these uses is currently unrestricted in the standard C2 zoning which applies to the
majority of other highway commercial properties in Town.
It should be noted that the applicant submitted the current Official Plan
amendment requesting size and use restrictions on the site subsequent to the Town
passing the associated C2-25 zoning. Therefore, if the current Official Plan amendment
is approved, the associated C2-25 zoning on the site would not reflect the proposed
gross floor area restrictions relating to the restaurant and convenience commercial and
service uses. However, the C2-25 zoning does incorporate the proposed 3,716 m2
(40,000 ft2) gross floor area restriction for the supermarket.
(e) Agency Comments
The application for official plan amendment was circulated to a number of public
agencies for comment.
The responding agencies consisting of the Township of South-West Oxford
Council, the Ministry of Municipal Affairs and Housing, the Long Point Region
Conservation Authority, the Oxford County Board of Health, and the Town's Director of
Corporate Services had no objections or comments with this application.
As well, letters of concern were received from the Board Secretary for the
Tillsonburg BIA, Gilvesy Properties Inc., Gyulveszi Properties Inc., and MIT Group Inc.
and these letters have been attached to this report.
(f) Planning Review
The intent of the site specific Official Plan amendment is to amend the Highway
Service Commercial designation to specifically restrict the type and scale of permitted
uses on the subject site to address concerns expressed with respect to the associated
zone change application.
File No.: OP 11-71 Page 7
Report No. 2002-237
As previously indicated, it is the opinion of our office that the proposed
commercial development is in keeping with existing policies of the County Official Plan.
The associated applications for consent and zone change, together with required traffic,
planning and market impact studies have been reviewed by Town and County staff and
the various public agencies. It is our opinion that all the issues identified through the
review process will be appropriately addressed through the site specific zoning By -Law
Amendment and accompanying site plan application. The associated consent and
zoning have been approved by County Land Division Committee and Town Council
respectively, however, the zone change application is currently subject to an appeal to
the Ontario Municipal Board.
Our office has reviewed the requested site specific Official Plan amendment to
restrict the type and scale of uses on the property those currently being proposed. It
should be clearly stated that the proposed amendment is not required to allow for the
proposed commercial development of the site, but rather to limit the permitted uses on
the site in order to address concerns expressed by the BIA with respect to the scale and
future expansion of the proposed uses. The proposed amendment would simply limit
the type and scale of uses on the property to the 3,716 m2 (40,000 ft2) supermarket,
325.2 m2 (3,500 ft2) restaurant and 371.6 m2 (4,000 ft2) convenience commercial and
service space being proposed by the current application. However, it should be noted
that the C2-25 zoning approved for site by Town Council only incorporates gross floor
area restrictions for the supermarket and does not currently reflect the proposed gross
floor area restrictions relating to the restaurant or convenience commercial and service
uses.
In summary, it is the opinion of our office that this application would not unduly
constrain development of the site for commercial purposes, may satisfy some of the
concerns expressed by the BIA, and is in keeping with the recommendations of the
market impact study peer review. Therefore, we feel that the application would be in
keeping with the general intent of the Highway Service Commercial policies in the
County Official Plan and can be supported in this case.
RECOMMENDATION:
It is recommended that Tillsonburg Town Council advise Oxford County Council
that they are in favour of an application to amend the Official Plan by Rock
Developments Inc. to redesignate lands located at South Part of Lot 7, Con. 10 and Part
1, Plan 41 R-857 from `Highway Service Commercial' to `Highway Service Commercial'
with special policies to limit the use of the property to a 3,716 m2 (40,000 ft2) Sobey's
supermarket, a 325.2 m2 (3,500 ft2) restaurant and a maximum of 371.6 m2 (4,000 ft2)
convenience retail space.
File No.: OP 11-71
Page 8
Report No. 2002-237
For Council's information, the proposed wording for the site specific amendment
would consist of the following:
"Notwithstanding the uses permitted in 8.3.3.2.1 of the County Official
Plan for the Highway Service Commercial area, a 3.34 ha (8.25 ac) parcel
of land lying at South Part of Lot 7, Concession 10, (Dereham) and Part 1,
Plan 41R-857 in the Town of Tillsonburg, shall be used for no other
purpose than a supermarket, not exceeding 3,716 m2 (40, 000 ft2) of gross
floor area, restaurant and fast food outlets, not exceeding 325.2 m2 (3,500
ft2) of gross floor area, and other convenience commercial and service
space, not exceeding 371.6 m2 (4,000 ft2) of gross floor area."
Authored By:
"Paul Michiels"
Paul Michiels
Planner
November 201h, 2002
Approved By:
"James Hill"
James Hill, MCIP, RPP
Manager of Community & Strategic Planning
NOV-05---02 TUE 15:16 B CARROLL 5198428825 P,01
Tillsonburg B1A
Donna Rosenthal (Board Secretary)
25 Hyman St.,
Tillsonburg On. N4G 2C3
VIA FAX - 537-LS13
Mr. fames Hill
Manager, Community and Strategic Planning
County of Oxford
P.O. Box 397, Court House
Woodstock, Ontario
N4S 7Y3
Dear Sir:
Re: Official Plan Amendment Application
Rock Developments Inc.
Part Lot 7, Concession 30 (Dereham)
690 Broadway, Tillsonbure
Nov. 5, 2002 COU14TY OF OXFORD
COIF;MV!--!.`Y < <...,. sWEGIC
F -�
NOV 6 2002
Fr. -. .
OtiiL..
1 am writing to you on behalf of the Board of Management of the Tillsonburg B1A in connection with the
captioned matter.
The DIA is greatly concerned about the Official Plan Amendment requested by Rmk Developments for the
following reasons:
The land use policies for the Town of Tillsonburg affirm the:
"commercial core of the Central Area as the highest order reel shopping district capable of
meeting the day to day and specialty needs of the residents of the Town of Tillsonburg and
surrounding areas"
The Plan also limits "the type, size and scale of retail uses which are permitted outside the Commercial
Core District through the Zoning By-law".
l . The Plan says that:
"shopping centre facilities, other than those permitted by Section 8.3.3.2.1., offering a range of
commercial uses which most specialized service and comparison shopping needs will only be
permitted in the Central Area. Such shopping areas may have trade areas which extend
throughout large areas of the County and beyond County boundaries".
1. While there is an exception for Service Commercial areas, it is specifically provided by Section 8.3.3.2.
that Service Con mcrcial areas:
"while providing for a limited amount of retail use, are not intended to accommodate retail
activities that are typically characteristic of a Central Area location and wilt not directly compete
with this area".
The purpose of the Highway Service Commercial designation is to "primarily cater to the commercial
NOV-05-02 TUE 15:17 B CARROLL 5198428825 P.0
needs of the travelling public".
While there is mention in Section 8.3.3.2.1. of shopping centres, this is not in the DIA's view an invitation
for large retail uses to be established under the guise of "convenience".
As the County is no doubt aware, there have been two grocery stores in the Central Area. One of these is
now dark, the tenant having relocated to a neighbouring facility in an abutting municipal jurisdiction.
Therc can be no doubt, however, that a new supermarket facility on Broadway will "compete' with uses
that have been typically located in the Central Area and there is also no doubt that this "competition." will
have a deleterious impact on activity on the Central Area. We believe this impact is quite evident for two
reasons:
The market studies that have been presented by the applicant clearly indicate that the proposed
supermarket on Broadway will make it impossible for the supermarket in the Town Centre to re-
open. The Peer Review study prepared by Mr. Robin Dee says:
"the Valu-Mart supermarket in the Town Centre, one of the banners operated ey the
Loblaws Group, closed in June, 2001. If we assume that it will not be replaced by
another supermarket, then the additional new supermarket space entering the market by
2003 will be limited to the proposal at the subject Rock Developments' site, ie. 40,000
square foet. This exceeds the warranted additional supermarket space of 37,400 square
feet estimated in 2003 which is calculated protecting base year supermarket sales at their
2001 level. Since more space is proposed than the amount warranted, the initial
conclusion is that there will likely be an impact on base year sales. Will the impact be
significant and pose a threat to the continued operation of the existing facilities in
Tillsonburg? Our estimate is that the impact is expected to be under -3.5% andwill have
been dissipated within two years..."
In other words, there will be an impact on the one supermarket that remains in downtown
Tillsonburg and it is notable that the proposed new supermarket facility at 40,000 square foci
would be approximately 150% as large as the downtown facility.
ii) There is a second scenario mentioned in Mr. Dee's Peer Review. lie says:
"assuming a replacement of the vacated Valu-Mart space in the Town Centre with
another supermarket operation, the additional new supermarket space entering the market
by 2003 together with the Rock Developments' proposal, will be some 74,400 square
feet, virtually double the estimated warranted additional supermarket space. Under this
scenario, if one is to assume that the new space will achieve in excess of $400 per square
foot, then it will be at the expense of the base year sales Ievel with the impact likely in
excess of -35%. The reality is that one of the most experienced supermarket banners
could not Justify continuing to operate in the Town Centre. Given this evidence, I
believe, it is extremely unlikely that another supermarket operator will take up the
challenge where a well-known banner has so recently seen fit to cease operation. It is
important to note that without replacement of the Vatu-Mart in the Town Centre, the
planned function of the downtown core is not at risk with the A&P store continuing to
provide supermarket service across the street from the Town Centre'.
The BIA takes strong exception to the contention that the planned function of the Central Area is not at risk
and that is the reason for the zoning appeal. We feel it is essential that major retail activity continue to
occur in the Central Area. Marge retail uses of this nature are allowed to locate in the highway Service
Commercial designation, they will effectively cut off business to the Central Area and greatly reduce the
magnitude of retail and commercial activity taking place in the ventral Area.
The purpose of the Highway Commercial designation is not to undermine or compete with uses in the
downtown area but rather to compliment these uses. It is quite reasonli bte for furniture stores, building
SUWy Celltres and SiMilar uses to locate in the &MCC Commercial areas- Highway Commercial lands
NOV-05-02 TUE 15:18 R CARROLL 5198428825 P-03
should be used for uses that cater to the convenience needs of the eommunity and by this we mean
convenience stores in the range of 5,000 square feet. The idea that a 40,000 or 50.000 square foot
supermarket can constitute a convenience use makes a mockery of the protections provided to the Central
Area by the Official Plan and is a matter of deep concern.
The eery hierarchy of the Official Plan upon which investment decisions have been made in the Town of
Tillsouburg is threatened by the proposed Official Plan amendment and the Zoning By-law that has bct:n
appealed.
We ask the Town and County Councils to take these concerns into account in making a determination
regarding the appropriateness of the requested amendment. The supermarket proposed at 40,000 square feet has
already indicated that it wishes to expand to 50,000 square feet and that there is room on the site to accommodate
this. If all 50,000 square feet of available retail space is taken up by the supermarket, the convenience and other
nods of residents cannot be met within the existing designation. It seems likely that in this event, there will be
pressure on the Councils to expand the amount of land available for retail purposes in the north end. This also
would be very much to the detriment of the planned function of the Town Centre.
Please note our concerns regarding the proposed Official Plan amendment and confirm your receipt of this
letter.
Yours very truly,
Patricia Hynes
Chair Tillsonburg B.I.A.
DC:
11/06/2002 13:37 5198424261 SZORENYI
PAGE 01
County Planning Department,
County of Oxford,
P. 0. Box 397,
WOODSTOCK, Ontario.
N4S 7Y3
Attw-Jame RM
Dear Sir:
, v 07 0300RD
NOV - 7 2002
November G, 2002.
Post-Ir Fax Note 7671
° Z.
pap# ats 2
co.
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Fan i 1 q—eJ12 —tf"--P6 1
Re: Official Plan Amendment Application
Rock Developments Inc.
Part Lot 7. Concession 10. Dereham
Gyulveszi Properties Inc. (G.P.I.) has serious concerns about the
Official Plan Amendment requested. G.P.I. have made substantial and
serious investments in the Commercial Core of the central area, which would
be undermined by this Amendment.
There have traditionally been three grocery stores located within the
Commercial Core area of the Town of Tillsonburg. Those grocery stores were
the A & P, Loblawe and I.G.A. As the County is aware, there is presently one
grocery store, the A & P, in the central area. The second store is now vacant.
The third, (Loblaws) is now in the Norfolk Mall.
The Official Plan Amendment applied for will permanently relocate the
second grocery store to the northern fringe of the Town. The Market Studies
prepared by the Applicant quite clearly indicate that if the Sobeys Grocery
Store is allowed to proceed at the north end of Town, there will, not be
another store operating in the Town center. The Downtown Core area will be
negatively affected if major retail activity, such as a grocery store is allowed
to locate at the fringe in a Highway Service Commercial area. There are four
anchor tenants located in the Downtown at present: Zellers, A & P,
Canadian Tire and the vacant grocery store. Adjacent to the proposed North
Broadway location of Sobeys is land that would clearly be suitable for the
11/06/2002 13:37 5198424261 SZORENYI PAGE 02
relocation of Zellers or Canadian Tire. Once the Official Plan Amendment is
allowed transfering a Downtown Cone business such as the Supermarket,
how could the County possibly refuse a similar Application by Canadian Tire
too.
The land use policies for Tillsouburg designate the Downtown
Commercial Core as the highest order retail shopping district. The service
Commercial area such as that at the north end of Broadway is to cater to the
commercial needs of the traveling public and is not to compete with
Downtown. I have heard comments from Downtown Business owners
suggesting that they would prefer to locate out of the Central Core as
property taxes are cheaper, development costs are cheaper and land is
cheaper. Why should they not be allowed to leave the Central Core along
with the grocery store?
There are presently eighteen vacant stores on Broadway with a vacant
34,000, foot grocery store in the Town Centre Mall. The County is aware of
the south end of Broadway, which has been vacant for twenty years. Given
those circumstances and given the weakening of the Official Plan, which
would allow the escape of other anchors out of the Core, it seems that the
Official Plan Amendment requested, if approved, will be the final nail in the
coffin of another Downtown.
Yours very truly,
GYv TIES INC.
Per•
MGS/dw Mic
Please confirm your receipt of this letter and copy us with all future
correspondence relating to this Amendment.
County Planning Department,
County of oxford,
P.o. Box 397,
Woodstock, Ontario.
N4S 7Y3.
Attention: James Hill.
Dear Sir:
M.I.T. Group Inc.
155 Broadway,
Tillsonburg, Ontario.
N4G 3P7.
-i
NOV - 8 2002
FiLL:
Re: Official Plan Amendment Application -,- =' ._
Rock Developments Inc.
Part Lot 7, Concession 10# Dereham_
M.I.T. Group Inc. is the owner of a Downtown Core property,
located at the corner of Broady ab
RidoUt
artStores
Street.
s
property has been occupied over theyears Y Department ment
Financial Institutions and. office Commercial in Tenantthes.
hof
is
building situate at the prime Downtown orner
Tillsonburg is 90$ vacant and has factors. beeFl= t for grocery storost two years. lef t
The vacancy is due to t
the Town Centre Mall resulting
na reduction of unaffordable by mostic tenants.
downtown.Secondly, the property taxes are
There are a number of vacancies
the south end Downtown th thas Core,
been
including a vacant Supermarket
barren for twenty five years. It seems to me ludicrous that
Planning Departments could consider an prime Downtown anchoricial Plan tenant
ent
that would allow the relocation of a perhaps
to the fringe, leading
further
examples devastation
such asDowntown. Perhaps
St_
the Planners could learn from
Thomas and Brantford and try not to repeat the mistakes of the
past.
Yours very truT�lTy #
M.I.T. GROUP INC
Per:
GEORGE GILVESY, JR.
TO 39dd IAN3WZS 19ZVZ086TG 09:bT ZOOZ/LO/TT
N01►'-D6-$OOZ 16:43 FROWMLDWELL BANKER: PARET REALTY 518-688-3T96 T-res P•001/002 F-462
Gtivesy Entert_ , .es .tnc. .: _ ; '• • - .. : • ' : - ; ;
• a =-'rIIj80ILbUFB� Ontario N48 3C7 .. - = - - . - -` : t ' r _ f - _ - - ' . • .
r Tel: • (519) 842 84Z1
. • _ ' - :Fax: : _ . .Jrl 1•"�_'$$- - • _ - _ * _ - r ^ r.Qp NOV 7- 2002
-- -- ' - " - • Mr.. Tames Hill . : : •' •'_ _ • ; - .. F_ -,•- • Jt-i_.. P_!
• • TD - = = Manager, Coainiunity add'Strategic Plas�nUM F .
• , . _ _ _ - .. County of Ozfi;rd - - - ' - ::. • - „ _ _` . ' :.:- _ - • _ .
Ear: • • - 519-537-3024_ • ... -• . ' -- _ • . • - _ • '
• - • = :. D te:. • ' Nov ' 6, 2002= : ' . • _ : " _ _ - '
Frorzi::: Join G. Clilve* P.PI g.; Gentrac Services-
- _ - _r . • Yj&rence• - • - P1an=A•meadmeni APPlicati°n, •-- _ � r _ _ _ • . _ . _
• :: • • _ . " - :Official _ _. - • . ' .
• _ _ - . Rock DnveloPMCI tS.Inc.. - _ • . - - -
•Z. Dean Mr.1, _ . - _ - - _ • . _ -
• - - . • , .- concern about the :official Plan - . roguested by Rock'
We are �vntmg to express our . • -
• = Developments Inc. fDr semeral reasons including:.. • : - ' _ .
- ' T • ' :. - s ' u�d be located in the cow core of the' • • _.
RTe are of the •opinion that a gxocay store slio • . _ . " .
_ Central 1Atea so as to support a strong, vital a_ nd healthy :downtown, The downtown _ _ _
s-bave.made•investi =ts in .downtown and its future."Allowing a groc�Y
• . . • _ end_Property ov�Irser. impact the care, (n) reduce
• '_ ' store to•Iewe in as are area outside of the core, (� Y �S IY
o� a second grocery store•'to the core,:and•(m� draw traf6cc away -from _
-' • stores is the.cow Comm=rcial Working Group, a wide Cross _section of
•' interests iaschu iDg' town :colors, staf . county Plant, economic development .
. � t ``thcOen'trai (CG'� zone is
• • :o > �� estate br�ka, and • _ : + _ y . = ... .
- -• - blendea to be t& bighest-order retail shopping diMict, caPble of �enng the c Y- _ .
..: of tbhe resdents•of the Towa.of TflIsonbinrg and-suricounding areas". We concur vft the• .. ..
• _ ' .. th
C0MP=CIw Working Croups re co ' n at a grocezy store should be' located in the
CentiCbmm�ercial Zoue (see Tows of Ti7lsbnburg Drafi: Zoning By_. w . •December 1997).
NOV-06-2002 16:43 FROWCOLDWELL BANKER: PARET REALTY 618-688-3T86 T-TBS P.002/002 F-462
-2-
store to locate outside of the core may ``open the gas" and potevWy lay
2) Allowing a grocery
the ground work for other commercial wemsts h1ce. Canadian Tire and Zellers to also es f such
outside the downtown core. We are all familiar with the devastated downttown excess of $100
co ' ' as Brantford, St. Thomas, Sarnia, etc. London has recently in its xcess
Nldlion to try to revitalize its core, including the garden market, library, spo
projects. Con wities the.sim of Tillsonburg do MOT %ave the ability to fund such huge
expenditures to revitalize their cores.
3) Ti7lsonburg has a vacant grocery store in the downtown core, and as under-utilized parcel in its
south end that may also be suitable for a 40,Ooosf grocery store. According to the National Main
Street Centre, 'Downtown is a symbol of community economic health, local quality of "k pride,
and community history. T}rese are all factors in mdusmial, commercial, and a strongerpro
recruit==. In addition, a `vital downtown retains and creates jobs, which also. aeRns downtown
tax base." We must first revitalize our core area and promote redevelopment of o
ur under-utffized areas before such uses (ate a grocery store) are allowed to locate outside the core.
This policy is consistent with previous OMB rulings pertavning to the interests of the Town of
Tillsouburg, and the much publicised provincial "Smart Growth" and "Brownfields" initiatives.
4 The proposed of cisl plan is site specific and accordmgly, may prejudice other
'
• p�PaY owners of highway commercial propert�s in the town of'iTdlsonburg..
Please note our concerns regarding the proposed Official Plan a=xbumt and confirm your
receipt of this letter. Should you have any questions, please do not hesitate to contact us. .
Truly, .. _
Gbesy Enterprises
By: Gecltrageferr iges .
VWeA
John > P.Eng•
Titsonburg
i
Public
U__j Library
Matthew Scholtz • Chief Librarian
November 16, 2002
Tillsonburg Town Council,
Tillsonburg, ON.
Dear Members of Council:
2 Library Lane,
Tillsonburg, Ontario.
N4G 4S7
(519) 842-5571
Fax (519) 842-2941
At the Library's Board's meeting on November 14, 2002, the
Board passed the following motion:
Resolved that the Library Board ask Tillsonburg Town Council
to place into reserves, all donations in excess of the $1,000
donation budget amount, as well as all 2002 interest revenue from
the Ross Allen account, unless these funds are required to cover
an unforseen 2002 deficit.
Because the Library's reserve funds were depleted following
the replacement of the roof, the Board considers it prudent to
rebuild its reserves for building emergencies and automation
upgrades.
Since both donations and interest income is intended to
augment Council's financial support for the Library, the Board
would like to assign these funds to a reserve.
Thank you for your kind attention and consideration.
Sincerely,
Matthew Scholtz
Secretary -Treasurer
c: Cynthia Hildebrand
REPORT
Town of Tillsonburg
DATE: November 18, 2002
TO: D.C.Morris, A.M.C.T., C.A.O./Clerk
FROM: K. Musselman, Municipal Bylaw
RE: Overnight Parking 2a.m. - 7a.m.
PURPOSE
Review overnight parking on all streets 12 months of the year.
BACKGROUND
On February 26,2002 Council passed Bylaw 2997 being a by-law to regulate
traffic and parking of motor vehicles in the Town of Tillsonburg. As a result of
this bylaw being passed the Town has received documentation over the
overnight parking being all year round. Municipal Bylaw Officer has also
received complaints.
It should be noted Town council members have received some comments
from the general public regarding overnight parking.
COMMENTS
At a recent Police Service Board meeting and a meeting with C.A.O Dave
Morris the following points were brought up regarding no parking from 2
a.m. - 7 a.m. all year round.
Report
-2-
1. Snow removal - Town would be able to do a clean sweep of the
town streets more efficiently. Plows do not have to go in and around
vehicles.
2. Street sweeping is done from 4 am to 12 pm. from April 1st until it
snows.
3. Fire Trucks can get through. A lot of the streets are too narrow for
a fire truck to get through if there are vehicles parked on the streets.
4. Traffic accidents - Hit and Runs would be decreased.
5. Heavy Truck, trailers issues - Be less of a problem with transport
trucks and trailers parked in a residential area.
6. Painting Lines on the streets will be much easier. Vehicles can be
diverted around the cones- cannot do it if there are cars parked. Line
painting is done from 4 a.m to 12 p.m.
7. Abandoned Vehicles- Every year we get numerous calls of vehicles
that are parked on the street unplated, flat tires. They sit there for
months until someone complains. This would be eliminated in a
more timely fashion.
8. Town has spent a large sum of money on 11 large signs at the
entrances of town.
9. Numerous residents are in the process of putting in driveways or have
already.
10. Solves the problem of the neighbors parking in front of other people's
residents overnight. Receive all kinds of calls in that regard.
Happens more at night than the day because people are working.
Note: Municipal Bylaw Officer has received a total of 7 complaints. 4 out of
the seven have put in driveways and the others are in the process of getting
encroachment permits. Received two or three calls in favor of the overnight
parking restriction.
2
Report
-3-
Recommendation
THAT the staff report regarding overnight parking, dated November 18,
2002, be received and that By -Law 2997 be implemented without
modification.
3
REPORT
Town of Tillsonburg
DATE: November 19,2002
TO: David C. Morris, CAO
FROM: Kathleen Musselman, Municipal Bylaw Officer
RE: Taxi and Limousine Regulating By-law
PURPOSE
To present, for Council's consideration of third and final reading a by-law to license,
regulate and govern taxicab owners, limousine owners and drivers of motor vehicles used
for hire, and for limiting the number of taxicab licenses.
BACKGROUND
At the regular meeting of Council held January 28, 2002, the above -mentioned by-laws
were given first and second reading. At the regular meeting of Council held March
11,2002 the Council directed staff to amend the bylaw to remove section 70) that
requires taxicabs to be removed from service after reaching nine model years of age.
A letter along with a copy of the proposed changes to the bylaw was sent to KTN Taxi &
Delivery, Al's Taxi & Delivery and Let's Go Limo offering an opportunity for
submission of comments on or before November 1512002.
Taxi and Limousine BY -Law
To date we have received the following comments from the public (attached):
Correspondence dated November 15, 2002 from Al's Taxi & Delivery Service
requesting to be listed as a delegation before Council;
Under Definitions —
(o) "Taxicab" means a motor vehicle, which is kept or used for hire for the
conveyance of passengers and/or goods, excluding alcohol, with a seating
capacity of not more than six people, exclusive of the driver;
Al 's Taxi Question
Asking what if they are carrying more than 6 passengers
Response
Under the by-law it states — taxicab cannot carry more than six passengers,
exclusive of the driver.
1. 6(c) Each Taxicab driver shall: unless his taxicab has been previously
engaged, serve at any place within the Town and at any specified time,
whether by day or night, any person who may lawfully require his taxicab
however, have the right to refuse a customer on the basis that the driver is
concerned for personal safety or that the driver has a reasonable belief that the
customer may not be able to pay the fare:
Al 's Taxi Question
We are told where we can pai k and where we can't park. This makes is hard
to follow this bylaw, which expects us to serve the Town.
Response
Have received several complaints from businesses on Brock St. of numerous
cabs taking up most of the parking, leaving very minimum parkinz for
customers.
2. 60) Each taxicab drive shall take the shortest and quickest possible route to
the destination of the passenger, unless the passenger directs the taxicab driver
to take another;
Al 's Taxi Comment
Comment made that these by-law sounds like it follows more for metered
cabs. In Tillsonburg we don't seem to follow this because you can travel
almost anyplace in Town for $4.50.
Response
This section in the bylaw is useful in preventing the taxicab drivers from
Picking up other passengers along the way or doing deliveries. This section
of the by-law would also be useful at such time if they were to po to meters.
3. 2(b) Each applicant for an accessible taxicab driver's license shall
satisfactorily complete a sensitivity course, identified by the Municipal By -
Law Officer, pertaining to the transportation of physically disabled person;
Al 's Taxi Question
Who is required to supply this course and will our By -Law Officer also be
required to complete the course.
Response
By -Law Enforcement Officer will arrange to have agualired instructor
conduct a one -day course consisting of defensive driving and the caring of
disabled_
4. 10 (2) The rates or fares to be charged by the owners of licensed taxicab shall
be fixed by the said owners, provided however, that the rates and fares so
fixed shall be published by each owner once in a local paper having general
circulation in the Town at least two weeks prior to the effective date of such
rates or fares or any change thereof.
S. Al 's Taxi Question
Why should we taxi companies be responsible to give the public 2 weeks
notice to raising the fee.
Response
The existing by-law provides for taxi owners to set their own rates subject to
providing public notice, which keeps things fair between companies.
6. Questions from Al's Taxi
We are allowed only one cab to be parked in our stand. If we park on Brock St.
to go for breakfast then the restaurant owners complain about taking up
customer parking. However while we are eating there, we are customers.
Response
The businesses on Brock St. have a concern because the parking is very
limited on that street and request to have it open for elderly people.
Correspondence dated November 15, 2002 from Let's Go Limo requesting to be
listed as a delegation before Council.
Let's Go Limo has requested to speak briefly with Council this evening regarding
his concerns. Attached is a copy of his concerns.
1. Limousine (Van) means a van -type passenger motor vehicle that is kept or
used for hire on an hourly or flat rate basis for the conveyance of
passengers but is not equipped with a tax meter, a top light or roof
sign of any kind.
Let's Go Limo Question
I have a limo bus not a van
Response
Limo bus can be included in the by-law under Definitions.
2. 4(1)(f) Within the Town of Tillsonburg shall keep or use for hire for the
conveyance of passengers within the Town any motor vehicle, other than a
bus that is licensed by the Province of Ontario, a taxicab,
an accessible taxicab, or limousine.
Let's Go Limo Statement
I do not understand this section please clarify.
Response
No other motor vehicle other than a licensed bus, taxicab or an
accessible taxicab or limousine can be used for hire for the conveyance
of passengers with the Town of Tillsonburg.
3. 5(1)(e) Each applicant for a taxicab or limousine driver's license shall if
so requested, submit to fingerprinting and photocopying by the OPP
Detachment.
Let's Go Limo Statement
I do a background check on my drivers. I am not going to hire someone
who is not going to fit in my line of business. I think this is not a need
requirement for operations of a Limousine business.
Response
No business has access to criminal record checks on people
for hire. It is very essential that this be a requirement
in the hiring of any staff who will be in contact with potentially
vulnerable members of the public e.g. Children, elderly.
4. 5(3)(d) Each applicant for a taxicab or limousine owner license shall have
the motor vehicle which is to be licensed as a taxicab or limousine
licensed for the current year under the provisions of the Highway Traffic
Act of Ontario, and file with the Municipal By-law Officer, proof that the
said motor vehicle is either registered in his own name or leased by him.
Let's Go Limo Question
W7iy?
Response
As a municipality it is a necessity that we have proof of insurance
and that he owns the vehicle.
5. 3(e) Each applicant for a taxicab or limousine owner shall file with the
Municipal By-law Officer proof of insurance in respect of each vehicle to
be licensed indemnifying and protecting the owner and the public,
including passengers carried in such vehicles in the amount of
$1,000,000.00 inclusive of public liability and property damage.
Let's Go Limo Statement
I have insurance.
Response
The Municipality requests $1,000,000 liability minimum. Proof of the
$1,000,000 liability must be presented and Should the business have
excess of $1,000,000 liability it's up to the business owner. Proof must
be presented.
6. 5(3)(f) Each applicant for a taxicab or limousine owner shall submit a
certificate of mechanical fitness as prescribed by the Highway Traffic Act
of Ontario with respect to the vehicle to be licensed, should said "vehicle
be in used conditioned at locations as specified by the Municipal By-law
Officer.
Let's Go Limo Question
I do not have t file with the Ministry of Transportation every year with my
vehicle. Why do I have to file with the Town?
Response
It is regulated in the by-law that a licensed vehicle has to pass a
certificate of mechanical fitness (for the safety of passengers).
7. 5(3)(g) Each applicant for a taxicab or limousine owner license shall in
the case of an individual, and in the case of a Corporation or firm, an
officer of the Corporation or firm, file with the Municipal
By-law Officer a valid certificate of completion of an approved
Training course in defensive driving, customer service and sensitivity
Recognized and approved by the Municipal By-law Officer or satisfy
The Municipal By -Law Officer that the individual or officer met the
Examination standards.
Let's Go Limo Question
have taken Driver's Training when 1 was 16. Why do 1 have to take?
It again? Has driving ability gone bad as a result of this By-law?
Response
It is mandatory that taxicab and limousine drivers have the Defensive
Driving Course when transporting the public. A higher standard is
required for those entrusted with the safety of the public.
8. 8(1)(a) Each limousine driver shall be neat and clean in person while
on duty and, if a driver of an executive or stretched limousine, wear a
uniform approved by vehicle owner;
Let's Go Limo Statement
I am in charge of what I wear not the Town of Tillsonburg.
Response
The owner of a business is the one who will wive approval to
the driver's apparel as stated in the by-law.
9. 8(1)(b) Each limousine driver shall: punctually keep all appointments
and engagements.
Lets' Go Limo Statement
It is up to me to keep my appointment not the Town of Tillsonburg,
Otherwise 1 will not be in business very long.
Response
When drivers are licensed by the Town of'Tillsonburg punctuality
is in the best interest of the public and the business owner.
10. 8(1)(c) Each limousine driver shall maintain the interior and exterior
of the limousine within his control in a clean and tidy condition;
Let's Go Limo Question
I keep my vehicles clean when they are being used. Again, what gives?
the Town of Tillsonburg the say on how clean my vehicles are? I have
seen a few town vehicles dirty but there is no by-law on them on being
clean when they are being used for work.
Response
When vehicles are not clean when they are being used, it is not in the
best interest of the public or the business owner.
11. 8(1)(e)(i) Each limousine driver shall upon the request of any passenger,
provide a receipt for the fare or charge made and paid;
Let's Go Limo Question
Again, I provide receipts when asked. How is it any business the
Town of Tillsonburg?
Response
The customer has the right to ask for a receipt.
12. 8(1)(e)(ii) Each limousine driver shall take due care of any property
delivered
or entrusted to him and accepted by him for conveyance or safekeeping
and immediately upon termination of any hiring or engagement, search the
limousine for any property left therein and deliver to the person owning
the same all money or property left in his limousine; or if the owner
cannot be at once found, deliver the said property to the Oxford County
OPP and report all information pertaining thereto in his possession;
Let's Go Limo Question
If anything is left in my vehicle, I return the left items as soon as possible.
How is the Town of Tillsonburg having a say in this?
Response
Ensure the quality of limousine service is maintained by drivers.
13. 8(1)(e)(iii) Each limousine driver shall maintain daily trip record of all
trips made by him containing the following information;
i)the numbers of the limousine owner license issued pursuant\
to the provisions of this by-law;
ii)-his name, address and limousine driver license number;
iii)the date, time and location of the beginning and the termination
of each trip and the number of passengers carried;
iv) -the amount of the fare collected for each trip;
v)unless his limousine has been previously engaged, serve at any
place within the Town and at any specified time, whether by day or
night, any person who may lawfully require his limousine;
Let's Go Limo Question
No way is the Town of Tillsonburg having access to my books of business
or logs. My clients are renting my vehicle for private transportation.
How is it the Town of Tillsonburg privileged to this information?
Response
Ensure the quality of the limousine service is maintained. IE. Drivers
are working reasonable hours. This is a public safety issue.
14. 8(1)(f) Each limousine driver shall make his trip record and all
information as to passengers carried available to any Police Officer and to
the Municipal By-law Officer when requested to do so;
Let's Go Limo Question
No way my clients are to be kept confidential.
Response
The business is licensed under the Town by-law, therefore we are to
ensure the service is maintained The names of individual passengers
are not required
15. 8(1)(g) Each limousine driver shall have the right to refuse a customer on
the basis that the driver is concerned for personal safety or that the driver
has reasonable belief that the customer may not be able to pay the fare.
Let's Go Limo Statement
I have the right because 1 own the business. If I don't want someone in my
vehicle 1 have the right to refuse because I pay the bills not the Town of
Tillsonburg.
Response
Absolutely correct. This by-law is in effect to protect the driver of the
limousine.
16. 8(2)(a) A limousine driver shall not solicit any person to take or use his
limousine by calling out or shouting or by any other fashion.
Let's Go Limo Statement
How did this make it into the by-law is beyond me.
Response
This by-law is to protect your business. It has been an issue in other
municipalities
17. 8(2)(b) A limousine driver shall not be under the influence of any
intoxicant or take, consume or have in his personal possession any
intoxicant while in charge of a limousine; nor shall the use thereof by him
be apparent while he is in charge of the Iimousine.
Let's Go Limo Question
Does not the Highway Traffic Act of Ontario take care of this?
Response
Yes the Highway Traffic Act will take care of this but it is a by-law that
will enable the Town of Tillsonburg to act in regards to the reissuances
of licenses.
18. 8(2)(c) A limousine driver shall not utilize any taxicab stand or other
location specifically set aside for the use of taxicabs;
Let's Go Limo Question
Is the Town of Tillsonburg going to give me any special parking?
Response
No.
19. 8(2)(d) A limousine driver shall not carry any passenger who is under the
influence of any intoxicant while his limousine is occupied by a person or
persons who are not accompanying the person so under the influence;
Let's Go Limo Statement
1 don't understand this by-law.
Response
This is a public safety issue and an insurance issue. A customer
deserves to be free of anyone under the influence.
20. 8(2)(e) A limousine driver shall not smoke while a passenger or
passengers are occupying the limousine
Let's Go Limo Question
How is the Town of Tillsonburg regulated to say I cannot smoke in a
vehicle which I own or lease, pay for the upkeep, pay for other bills and
besides I allow my clients to smoke in my vehicle and yet 1 can't,
something is wrong.
Response
This is public safety issue. Many people do not smoke and have a richt
to expect a smoke free environment while they are a paving customer.
21. 8(2)(f) A limousine driver shall not if driving an Executive Limousine:
i) induce any passenger to employ his vehicle either
knowingly, wantonly or willfully by misinforming,
misleading or deceiving the passenger as to the time or
place of the arrival or departure of any train, boat, or
other public conveyance, or the location or distance
from any part of the Town of any railway station, boat
landing, hotel, public place or private residence or other
place, nor in any manner or form impose upon, deceive
or in any way insult, abuse or mistreat any passenger;
and
carry any person while on duty or subject to call, other
than the person or persons employing his services,
unless first approved by that person.
Let's Go Limo Question
This would be bad for my business. My business is not in the habit of
doing this, however, how does the Town of Tillsonburg have a say in how I
run my business?
Response
All businesses in The Town of Tillsonburg must be licensed and the
quality of service is maintained.
22. 9(1)(a) Each limousine owner shall hold a separate limousine owner
license for each vehicle used or kept for hire as a limousine;
Let's Go Limo Question
This is a way for the Town of Tillsonburg to get money. What do I get
from this? If it guarantees me exclusive rights to the Town of Tillsonburg
residents, than I will not have a problem with this section.
Response
Every business has to be licensed with the Town of Tillsonburg as so do
the vehicles.
23. 9(1)(b) Each limousine owner shall maintain insurance on each vehicle;
Let's Go Limo Question
Does not the Traffic Highway Act state all vehicles in Ontario must have
valid insurance?
Response
You must show proof of insurance. This ensures compliance with the
Compulsory Automobile Insurance Act.
24. 9(1)(d) Each limousine owner shall submit each licensed limousine for
safety inspection by a qualified and licensed automobile mechanic
annually, and at such other times or times when requested to do so by a
Police Officer or by the Municipal By -Law Officer, and submit to the
Municipal By -Law Officer a valid Safety Standards Certificate issued in
accordance with The Highway Traffic Act of Ontario at the time of the
limousine owner license renewal or transfer';
Let's Go Limo Question
The Highway Traffic Act again looks after safety of vehicles. Why do I
have to submit a safety every year? If my vehicles are unsafe my clients
will not ride in them or I will not drive them.
Response
This is a public safety issue. The Town of Tillsonburiz holds public
vehicles to a higher standard than private autos.
25. 9(1)(e) Each limousine owner shall submit each licensed limousine for
general inspection by the Municipal By -Law Officer or by a police officer
annually, and at such other time or times when requested to do so by either
of them;
Let's Go Limo Statement
The vehicle can be inspected anytime when it does not interrupt my
business or inconvenience myself. This means they can come to me.
Response
The By -Law states that you will be inspected by a garage of the Town of
Tillsonburg's choice for public safety issues.
26. 9(2)(a) A limousine owner shall not employ any person to operate I
limousine who does not own a valid limousine driver license issued
pursuant to this bylaw.
Let's Go Limo Statement
Again, the Highway Traffic Act has a section on this type of operator.
Response
When owning a limousine business in Tillsonburg it is required that all
drivers are to be licensed through the Town of Tillsonburg. Public
safety issue.
27 9(2)(d) A limousine driver shall not use, or permit to be used in any of his
limousines, any type of scanning device, more than one two-way radio
communication system, or more than one cellular telephone.
Let's Go Limo Question
The driver will have a cell phone on his/her person and what I can't let my
passengers bring their own cell phones with them. Who came up with
these bylaws?
Response
This bylaw pertains to the owners. Cell phone issue can be removed
28 13 The annual license fees to be paid to the Town for those licenses
referred to in this by-law shall be as outlined in Schedule "A" (License
Fees).
Annual Limousine Owner's License Fee is $100 annually
Annual Limousine Driver's Renewal License Fee is $15 annually
Annual Limousine Vehicle in Carrying Passengers is $35 annually.
Let's Go Limo Statement
I have already paid for my home base business license and that should be
a sufficient amount of money.
Response
These $100 fees are paid to the Town of Tillsonburk annually to allow
you to conduct your business in the Town of Tillsonburg. If you were to
hire a limousine driver it is mandatory the limousine driver purchase a
license from the Town of Tillsonburg at $25. This license is renewable
yearly at $1 S.
Questions from Let's Go Limo
1. Am I going to get special parking in front of my home for my limousines? As
the taxis in town do?
Response: The Taxi companies and yourself do not get special parkin
privileges for the overnight parking.
2. If I go and pick up a London resident in London (this is a example city) where
these bylaws originated (so I am told) I get a fine of some dollar figure, for
not having a permit on my vehicle to operate in that town/city of London.
This is also true for all the G.T.A. and Kitchener, Cambridge, Guelph,
Hamilton and Ottawa.
Is there going to be a bylaw to protect my investment of abiding to these
bylaws for the out of Towner's coming into the Town of Tillsonburg and
picking up?
Response: No
3. What is the fine for OUT of Towner's picking up in Tillsonburg?
Response: There is nor ne
4. Next if the Town of Tillsonburg has a Bylaw that only 3 Taxi companies can
operate in Town of Tillsonburg at any one time. Now how many Limousine
companies can also operate in Tillsonburg? If I have any say I would like the
answer to be one — Let's Go Limo
Response: The Town of Tillsonburg is not limiting the Town to one
limousine company.
5. Now what if I was to have a couple part-time drivers. Is the charge $25.00 per
driver?
Response: Yes.
LONG POINT REGION CONSERVATION AUTHORITY
FULL AUTHORITY - MINUTES
October 2, 2002
The Full Authority met at 7:30 p.m. in the Boardroom with all members present except B.
Moerschefelder and D. Wynia. Staff present included J. Oliver, P. Bravener, B. Baskerville, J.
Robertson and D. Holmes.
Chairman C. Evanitski called the meeting to order and welcomed everyone. He asked if there
were any additional agenda items and received four from P. Black. The Chairman called for
any disclosures of interest and received none. The calendar of events was reviewed for
October.
DEPUTATION:
The Chairman called upon M. Wilson, Chairman of the Backus Management Board and C.
Poff, Director of Operations at Backus who were in attendance to speak to a proposal for 24
new three-way serviced campsites at Backus C.A. M. Wilson expressed a special thank you
to D. Holmes and B. Baskerville for information provided for the report and a thank you to F.
Sanderson for the suggestion to bring it forward to the full board. Chairman M. Wilson
focussed on ideas that the committee have and are reviewing and investigating to raise
revenue and try and become self sufficient. M. Wilson pointed out that the site has been
approved for tree removal by S. Sheers, Tree Commissioner for Norfolk County. The
management board decided in the fall of 2001 to accept the idea and proceed with the first
phase of development if funding was available. C. Poff provided the background and analysis
of the seasonal sites and nightly operations for the past five years. A staff report dated
September 24, 2002 prepared by C. Poff, along with two draft reports, on profit loss
projections over a ten year period, prepared by B. Baskerville were reviewed. The message
from the Director and the Backus Management Board to the full board was they feel they have
to have the infrastructure in place to generate the revenue they feel this area is going to make.
Several members asked questions regarding fees expected for the sites, how staff were
dealing with escalating hydro costs, competition from private campgrounds and if any other
campgrounds in the area were planning any expansion of camping sites. The Director was
asked if there was a list of individuals who have made a commitment to camp at Backus if and
when sites became available. D. Holmes reminded the members that when Haldimand C. A.
planned for expansion a list of seasonal campers were committed prior to approval of the
capital project. Chairman C. Evanitski thanked M. Wilson and C_ Poff for the presentation.
MOTION A-57 moved by P. Black, seconded by C. Ashbaugh and carried to approve the
Backus Campsite Expansion in principle and further that the financial information be reviewed
by staff and further that the project be included in our 2003 budget process.
The Chairman called upon J. Robertson, Supervisor of Community Relations who reported that
the authority will have an exhibit at the Norfolk County Fair and the focus is on groundwater. J.
Robertson asked members to volunteer to man the exhibit. She reported that on November 1,
2002 the Carolinian Canada site at the South Walsingham Forest will receive recognition
through funding from the Trillium Foundation for a bronze plaque. The site is one of 38 sites
FULL AUTHORITY COMMITTEE MEMBERS
Allan Ashur, Craig Ashbaugh. Peter Biack, Larry Chanda, Cliff Evanitski, Sam Lamb, Brenda Moerschtelder, Roger onh, Floyd Sanderson,
Oolf Wynia
-1-
i
being recognized. The LPRCA is partnering with Carolinion Canada, MNR, Bird Studies
Canada, and Norfolk Field Naturalists to plan the local event. The unveiling ceremony will take
place at 10 a.m. at the Wilson Tract with a short walk through the woods. The Supervisor of
Community Relations announced that the annual Christmas event would be held on December
61h at the Delhi Golf and Country Club. Members: guests and staff will receive official
invitations during the latter part of October.
MOTION A-58 moved by F. Sanderson, seconded by P. Black and carried that the minutes of
the previous meetings of the Full Authority held August 7, 2002 and September 5, 2002 be
adopted as circulated.
BUSINESS ARISING:
D. Holmes, Field Superintendent reported that he met with J. Cardwell and all three sites have
been corrected to meet LPRCA's standards.
J. Oliver, General Manager reported that there doesn't appear to be any action by the province
to date to acquire the T.H. & B. Rail Line between Waterford and Brantford. P. Black
expressed an interest in making contact with the ORC staff who is involved with the process
and discussing the interest that has been shown by the various agencies. Members agreed.
e
D. Holmes, Field Superintendent reported that since the last full board meeting he has met with
G. Kibalenko and he is satisfied that Mr. Kibalenko has completed the items for which he was
requesting a 10% rebate for construction/capital.
MOTION A - 59 moved by R. Orth, seconded by C. Ashbaugh and carried that up to $1,249
(based on 10% of 2001 revenues received by the Authority) be provided to Izzy's Inland
Outfitters for capital projects, as requested, in accordance with Motion RM- 2, March 11/98.
The General Manager reported that a formality/housekeeping item needed to be done with full
board approval for the appointments of the two replacement members for the Backus
Management Board that the BMB had approved in June/02.
MOTION A - 60 moved by F. Sanderson, seconded by A. Arthur and carried that Sandy
McDonald and Carolyn Worrall be appointed to the Backus Management Board effective June
19, 2002, as recommended by the Backus Management Board on September 18, 2002.
FINANCIAL REPORT: P. Bravener, Supervisor of Finance reported that a 3`a quarter report
for the period ending September 30th would be presented at the next full authority meeting.
CORRESPONDENCE:
J. Cardwell: regarding lots 39 and 42 and a further request for a meeting.
J. Cardwell informing staff lots 42 and 43 will be completed to standards as requested by
September 15, 2002.
FULL AUTHORITY COMMITTEE MEMBERS
Allan Arthur. Craig Ashbaugh. Peter Black. tarry Chanda. Cliff Evanitski. Sam Lamb. Brenda Moerschfelder. Roger Cirth. Floyd Sanderson,
Doff Wynia
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P
Fisheries and Oceans: regarding the Annual Report for the Fish Habitat Management
Program for the fiscal period 2001/2002 and also thanking conservation authorities for their
continued effort and support noting the key role played in program delivery.
Conservation Ontario: regarding 2003 levy apportionment data for CA's for 2002 to be used
for the budget period for 2003. The General Manager pointed out there was very little
variance in the previous figures for 2002 and the tiny fluctuation will have very little impact on
the municipalities in this watershed.
Howdan Inc.: regarding a proposed oil and gas lease for the Roney, Ghesquiere and Travis
blocks in the former Houghton Township of Norfolk County and advising of a wording change
from volume to "value". J. Oliver noted that he had requested the change in the description
based on an identical lease with Greentree. The General Manager reported that the authority
had been approached by the company to enter into a gas and oil lease and went on to explain
the terms, plus the signing bonus. Senior staff are recommending the lease be approved.
MOTION A - 61 moved by A. Arthur, seconded by L. Chnada and carried that the Authority
enter a lease agreement for oil and gas exploration with NRG. Corp. for the Roney, Ghesquire
and Travis/DeSilver tracts (former Houghton Twp.) For a five-year term, and subject to other
special provisions as outlined in a memorandum from the General Manager dated October 2,
2002.
D. Levac, MPP, Brant: regarding correspondence from the province re the TH&B and L.E.&
N rail lines.
Environment Canada: announcing the signing of the 2002 Canada -Ontario Agreement
respecting the Great Lakes Basin Ecosystem. The General Manager reported that copies of
the agreement are available if any member would like a copy.
Cobb & Jones: regarding the LPRCA tendering policy. Mr. Cobb's opinion is it is not illegal
per se. However, he suggests to rely upon it, it would be prudent to include the policy in the
tendering document or in the alternative, at least make sure that the policy is published or
made known to potential bidders beforehand. Both the Field Superintendent and the General
Manager reported that this information is standard practice and is included with all tenders the
authority does.
Conservation Ontario: regarding the 9"' Annual A. D. Latornell Conservation Symposium,
being held November 13-15, 2002. The General Manager reported that all requests to attend
should be received by October 11 th to meet the October 15"" discount price for the conference.
The number of attendees at the conference in 2001 was reviewed. Chairman, C. Evanitski,
noted this was a good conference and encouraged members and staff to attend.
MOTION A - 62 moved by P. Black, seconded by A. Arthur and carried that the Chairman,
General Manager and Supervisor of Finance be authorized to attend the A. D. Latornell
Conservation Symposium on November 13 - 15 with registration and expenses paid, with up to
three (3) additional members eligible to attend. _
FULL AUTHORITY COMMITTEE MEMBERS
Allan Arthur. Craig Ashbaugh. Peter Black, Larry Chanda, Cliff Evanitski. Sam Lamb, Brenda Moerschfelder. Roger Qrth, Floyd Sanderson,
Dol€ Wyn:a
Norfolk Field Naturalists: regarding comments on the proposed 2002/03 silvicultural
operations of the LPRCA, voicing concerns, with a listing of the individual properties.
Chairman C. Evanitski asked the Field Superintendent if the authority were to implement any of
the recommendations put forth, what kind of impact would it have on operations? He
responded that it would impact operations. Discussion followed with several members
discussing the items/areas identified. D. Holmes was directed to respond to the
correspondence and thank the Norfolk Field Naturalists for their comments. Mr. Holmes
reported that draft operating plans will be circulated to groups and agencies in the. fall, and any
items of concern, that will be addressed, will be incorporated in those plans. They will have a
further opportunity to make any comments at that time.
MOTION A - 63 moved by L. Chanda, seconded by S. Lamb and carried that the following
items of correspondence be received as information:
a) J. Cardwell re: campsite standards
b) Fisheries & Oceans re: fish habitat program
c) CO re: 2003 levy apportionment data
d) Howdan Inc. re: gas lease for Roney, Ghesquire & Travis Tracts
e) D. Levac, MPP re: correspondence from Province of Ontario re: T. H_ & B Rail Line
f) Environment Canada re: Canada -Ontario Great Lakes Agreement
g) Cobb & Jones re: LPRCA tendering policy
h) CO re: Latornell Conservation Symposium
i) NFN re: proposed timber removal on LPRCA forests
FILL., CONSTRUCTION APPLICATIONS:
Memorandum dated September 26, 2002, from planning staff reporting eleven pond
enlargements, one culvert replacement, three bridge replacements, and four place/remove fill
applications.
NEW BUSINESS:
J. Oliver, General Manager reported on the memorandum dated October 2, 2002 regarding
2003 Business Plan & Budget preparation. Mr. Oliver advised members senior staff have
started to work on the first draft of the 2003 budget. He noted that the watershed strategies
document will be used to incorporate the budget into a business plan for 2003. Mr. Oliver
recommended that a sub -committee be appointed to work with senior staff in the preparation.
He stated that we should be targeting to have the first draft ready for presentation and review
at the full board meeting in December.
MOTION A - 64 moved by S. Lamb, seconded by P. Black and carried that a budget
subcommittee of R. Orth, F. Sanderson, C. Evanitski and D. Wynia be appointed to assist
senior staff in developing the draft 2003 LPRCA Business Plan and Budget.
P. Black reported that Norfolk County has set a guideline for agencies requesting funding for
2003 from the municipality at 3% and will be sending out correspondence to the groups soon.
FULL AUTHORITY COMMITTEE MEMBERS
Allan Arthur, Craig Ashbaugh, Peter Black, Larry Chanda, Cliff Evanitski, Sam Lamb, Brenda Moerschtelder, Roger Grth, Floyd Sanderson,
Dolf Wynia
4-
i
Bill Baskerville. Supervisor of Planning spoke to the memorandum dated September 26, 2002
regarding the final draft strategies document. The strategies document has been revised to
strearriline and more clearly define what the LPRCA intends to do over the next five years. A
copy of the draft was circulated to members in the style and format that will be printed. Mr.
Baskerville thanked staff and members for their input and contribution to the document and
reviewed the stages of preparation and the process. Mr. Baskerville stated that the sub-
committee was lolking for approval to print the document and if there were any changes to be
added or deleted prior to printing. The cost of printing will be pro -rated to the appropriate
budget categories of the 2002 budget. Discussion followed with minor word changes
suggested, distribution numbers and locations as part of the discussion. Members thanked
Mr. Baskerville, J. Robertson, C. Evanitski and the sub -committee.
MOTION A - 65 moved by S. Lamb. seconded by C. Ashbaugh and carried that the final draft
LPRCA strategies document be approved, printed and distributed to our area municipalities
and other partners and interest groups.
Additional agenda items added P. Black: Mr. Black reported that he had attended the Grand
River Water Forum held on September 201 with the Chairman and General Manger. Mr. Black
reported that the forum focussed on groundwater management and Ontario's Environmental
Commissioner, G. Miller was in attendance as a guest speaker. Mr. Black asked how the
Backus Management Board minutes are received. J. Oliver pointed out they are information
only and are approved by the BMB. If members have any concerns the full authority has input
through our two representatives C. Evanitski and F. Sanderson. Mr. Black pointed out that he
had enjoyed the LPRCA tour of the watershed in late August and of particular interest was the
demonstration on drip irrigation. He stated that since that visit to the demonstration he has
researched information on drip irrigation and .asked what the authority has for information and if
we should be promoting it as part of our mandate. He pointed out that Chairman C. Evanitski
has just recently written an article on drip irrigation. He suggested we add iinformation to the
web site. Mr. Black questioned the W. Draper report that was included in the mailing package
which is a report outlining the location of provincially rare species and communities within forest
tracts and plantations included in operating plan 2002/2003. The General Manager stated it
was circulated as information. D. Holmes reported that we report will incorporate the
recommendations into the prescriptions/plans.
MOTION A - 66 moved by R. Orth, seconded by C. Ashbaugh and carried that the Board enter
an "in Camera" session.
MOTION A - 67 moved by C. Ashbaugh, seconded R. Orth and carried that the "In Camera"
session be adjourned.
Discussion in camera was around salary matters.
f.
The meeting adjourned.
Cliff Evanitski ' Pam Bravener
Chairman Supervisor of Finance
FULL AUTHORITY COMMITTEE MEMBERS
A411ar, Arthur, Craig Ashbaugh. Peter Black, Larry Chanda, Cliti Evanitski. Sam Lamb. Brenda Moerschielder. Roger Orth. Floyd Sanderson.
Colf wynia
-1-
PUBLIC NOTICE RECEIVED
NUv 2 0 2002
pursuant to Section 3402) of the Planning Act R.S.O. 1990 as amended
APPLICATION FOR ZONE CHANGE
in the
TOWN OF TILLSONBURG
200 Broadway, 2nd Flr., Tillsonburg, ON N4G 5A7 Telephone: (519)842-6428
DATE: November 19, 2002 FILE: ZON 7-295; Mike & Brenda Vanwynsberghe
Purpose and Effect of the Proposed Zoning By -Law Amendment
The Council of the Town of Tillsonburg is considering an application for Zone Change to rezone
the subject property from `General Industrial (M2)' and `Open Space (0)' to `Residential First
Density (R1)' to allow for the construction of a single detached dwelling.
The subject property is located on the southwest corner of Young Street and Highway No. 3,
being Part Lot 1606, Plan 500, in the Town of Tillsonburg, municipally known as 93 Young
Street.
Public Meeting
The Council of the Town of Tillsonburg will hold a public meeting to consider the proposed zoning
by-law amendment on:
Date: Monday, December 9, 2002
Time: 7:00 p.m.
Place: Town Council Chambers, 200 Broadway, 2nd Floor
Town Centre Mall, Tillsonburg
Attached is a copy of the proposed plans. You are invited to attend the public meeting, and we
would welcome your comments or suggestions either in writing or presented in person at the
meeting.
Other Planning Act Applications NONE
Please be advised that Council may approve, modify or refuse the requested zone change at the
meeting. If you do not attend or are not represented at the meeting, Council may proceed and may
not advise you of any proposed modifications. If a by-law is approved, notice of passing of the by-
law will be mailed or published in a local newspaper.
If a person or public body that files an appeal of a decision of the Town of Tillsonburg in respect of
the proposed zoning by-law does not make oral submissions at a public meeting or make written
submissions to the Town of Tillsonburg before the proposed zoning by-law is adopted, the Ontario
Municipal Board may dismiss all or part of the appeal.
Additional information relating to the proposed zoning by-law amendment will be available for
inspection between 8:30-12:00 am and 1:00-4:30 pm, Monday to Friday, at the County of Oxford
Community and Strategic Planning Office, Woodstock. If you have any questions regarding the
above -noted application, please contact Paul Michiels, Planner, ext. 338, of the Community and
Strategic Planning Office
Yours truly,
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/db James Hill, MCIP, RPP
Manager of Community and Strategic Planning
County of Oxford
Community and Strategic Planning Office
415 Hunter Street, Court House
P.O. Box 397, Woodstock, On N4S 7Y3
Telephone: 519-539-9800; Fax 519-537-5513
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