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210119 Planning Council Meeting AgendaThe Corporation of the Town of Tillsonburg Council Planning Meeting AGENDA Tuesday, January 19, 2021 4:30 PM Electronic Meeting 1.Call to Order 2.Adoption of Agenda Proposed Resolution #1 Moved By: ________________ Seconded By: ________________ THAT the Agenda as prepared for the Council Planning meeting of January 19, 2021. 3.Disclosures of Pecuniary Interest and the General Nature Thereof 4.Adoption of Council Planning Minutes of Previous Meeting 5.Public Meetings 5.1.Applications for Official Plan Amendment, Draft Plan of Subdivision and Zone Change OP20-18-7, SB20-06-7 and ZN 7-20-16 (Southside Construction Management Limited) Proposed Resolution #2 Moved By: ________________ Seconded By: ________________ THAT Council approve in principle the zone change application (File No. ZN 7-20-16) submitted by Southside Construction Management Inc., for lands legally described as Lot 8, Concession 11 (Dereham) in the Town of Tillsonburg, to rezone the lands Special Low Density Residential Type 2 Holding Zone, Special Medium Density Residential Holding Zone, Passive Use Open Space Zone, to facilitate the proposed draft plan of subdivision; AND THAT Council advise County Council that the Town supports the application to amend the County Official Plan (File No. OP 20-18-7), submitted by Southside Construction Management Inc, for lands legally described as Lot 8, Concession 11 (Dereham), in the Town of Tillsonburg, to redesignate a portion of the subject lands from ‘Medium Density Residential’ to ‘Low Density Residential’, to facilitate a proposed cul de sac with 16 single detached dwellings; AND FURTHER THAT Council advise County Council that the Town supports the application for draft plan of subdivision, File No. SB 20-06-7, submitted by Southside Construction Management Inc., for lands legally described as Lot 8, Concession 11 (Dereham), in the Town of Tillsonburg, consisting of 103 lots for single-detached dwellings, two medium density residential blocks, a stormwater management block, and a proposed parkland block served by 4 new local streets, subject to the conditions of draft approval contained in report CP 2021-14. 5.2.Applications for Official Plan Amendment and Zone Change OP 20-13-7 and ZN 7- 20-14 (Escalade Property Corporation and 1822094 Ontario Inc.) Proposed Resolution #3 Moved By: ________________ Seconded By: ________________ THAT Council support the application to amend the County Official Plan (File No. OP 20-13-7), submitted by 1822094 Ontario Inc & Escalade Property Corporation, for lands legally described as Part of Lots 293, 341, 423-426, Lots 420-422, Plan 500, in the Town of Tillsonburg, to redesignate the subject lands from ‘Service Commercial’ to ‘High Density Residential’, to facilitate the development of two 5-storey, 49 unit apartment buildings on the said lands; AND THAT Council approve in principle the zone change application (File No. ZN 7- 20-14) submitted by 1822094 Ontario Inc & Escalade Property Corporation, for lands legally described Part of Lots 293, 341, 423-426, Lots 420-422, Plan 500, in the Town of Tillsonburg, to rezone the lands from ‘Service Commercial Holding Zone (SC-H)’ to ‘Special High Density Residential Zone (RH-5)’ to facilitate the development of two 5- storey, 49 unit apartment buildings on the subject lands. 5.3.Application for Zone Change ZN 7-20-17 (2563557 Ontario Inc) Proposed Resolution #4 Moved By: ________________ Seconded By: ________________ THAT Council approve-in-principle the zone change application submitted by 2563557 Ontario Inc, whereby the lands described Blocks 21, 22, 23, 24, Plan M- 155, Daisy Court & Daffodil Avenue, in the Town of Tillsonburg known municipally as 361 Quarter Town Line are to be rezoned from ‘Low Density Residential Type 1A Zone (R1A)’ & ‘ Medium Density Residential Zone (RM)’ to ‘Special Medium Density Residential Zone (RM-7)’ & ‘Special Neighbourhood Commercial Zone (NC-6) to Page 2 of 145 facilitate the development of a residential development consisting of 104 dwelling units and a neighbourhood commercial block. 5.4.Application for Zone Change ZN 7-20-18 (S.S.A. Canada Inc) (Blunt and Cherry Limited) Proposed Resolution #5 Moved By: ________________ Seconded By: ________________ THAT Council not approve the zone change application submitted by S.S.A. Canada Inc., whereby the lands described as Part Lot 31, Plan 1653, and Part 2 of 41R-9189, Town of Tillsonburg, known municipally as 145 Simcoe Street are to be rezoned from ‘Service Commercial Zone (SC)’ to ‘Special Service Commercial Zone (SC-xx)’ to permit a retail store as an additional permitted use on the subject lands as the proposal does not maintain the intent and purpose of the Official Plan regarding development in Service Commercial areas. 5.5.ZN 7-20-01 Town of Tillsonburg Housekeeping Amendment for Zoning By-Law No. 3295 Proposed Resolution #6 Moved By: ________________ Seconded By: ________________ THAT Council approve-in-principle the proposed Zoning By-law amendment (File ZN 7-20-01) to introduce “housekeeping” amendments to Town Zoning By-law No. 3295. 6.Planning Reports 7.New Business 8.Motions/Notice of Motions Proposed Resolution # Moved By: Councillor Parker Seconded By: ________________ THAT the Transfer station be re-opened. 9.By-Laws 10.Confirm Proceedings By-law Proposed Resolution #7 Moved By: ________________ Seconded By: ________________ THAT By-Law 2021-008, to Confirm the Proceedings of the Council Planning meeting held Page 3 of 145 on January 19, 2021, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 11.Adjournment Proposed Resolution #8 Moved By: ________________ Seconded By: ________________ THAT the Council Planning meeting of January 19, 2021, be adjourned at ___ p.m. Page 4 of 145 Report No: CP 2021-14 COMMUNITY PLANNING Council Date: January 19, 2021 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community Planning Applications for Official Plan Amendment, Draft Plan of Subdivision & Zone Change OP20-18-7, SB20-06-7 & ZN 7-20-16 – Southside Construction Management Limited REPORT HIGHLIGHTS  The purpose of the Official Plan amendment, Draft Plan of Subdivision and zone change applications is to facilitate the creation of 103 lots for single detached dwellings, and 2 blocks for future medium density residential development, in a new residential plan of subdivision.  A number of special zoning provisions are requested to permit reduced exterior side yard widths for single detached dwellings and future medium density development.  The proposal is consistent with the relevant policies of the Provincial Policy Statement and is in-keeping with the strategic initiatives and objectives of the Official Plan and can be supported from a planning perspective. DISCUSSION Background OWNER: Southside Construction Management Limited 75 Blackfriars Street, London ON N6H 1K8 AGENT: Casey Kulchycki MCIP RPP, Zelinka Priamo Limited 318 Wellington Road, London ON N6C 4P4 LOCATION: The subject lands are described as Lot 11, Concession 8 (Dereham), in the Town of Tillsonburg. The lands are located on the southwest corner of the intersection of North Street West and Quarter Town Line, and are known municipally as 97 North Street West, Tillsonburg. Page 5 of 145 Report No: CP 2021-14 COMMUNITY PLANNING Council Date: January 19, 2021 Page 2 of 14 COUNTY OF OXFORD OFFICIAL PLAN: Existing: Schedule ‘T-1’ Town of Tillsonburg Residential Land Use Plan Schedule ‘T-2’ Town of Tillsonburg Medium & Low Density Residential Density Plan Residential Proposed: Schedule ‘T-1’ Town of Tillsonburg Residential Land Use Plan Schedule ‘T-2’ Town of Tillsonburg Amended Medium & Low Residential Density Plan Density Residential TOWN OF TILLSONBURG ZONING BY-LAW 3295 Existing Zoning: Future Development Zone (FD) Proposed Zoning: Special Low Density Residential Type 2 Holding Zone (R2-24 (H)) Special Medium Density Residential Holding Zone (RM-sp (H)) Passive Use Open Space Zone (OS1) PROPOSAL: The application for Official Plan Amendment proposes to redesignate a portion of the existing Medium Density residential designation to Low Density Residential to facilitate a proposed cul- de-sac with 16 single detached dwellings. The application for Draft Plan of Subdivision will facilitate the creation of 103 lots for single- detached dwellings, two medium density residential blocks, a stormwater management block, and a proposed parkland block served by 4 new local streets in a new draft plan of subdivision. The Zone Change application proposes to rezone the lands from ‘Future Development Zone (FD)’ to ‘Special Low Density Residential Type 2 Holding Zone (R2-24 (H))’, ‘Special Medium Density Residential Holding Zone (RM-sp H)’, and ‘Passive Use Open Space Zone (OS1)’ to facilitate the above noted Draft Plan of Subdivision. Within the proposed zoning, the applicant intends to reduce the minimum required exterior side yard width for lots abutting an arterial road (North Street & Quarter Town Line) from 7.5 m (24.6 ft) to 6 m (19.69 ft), and to reduce the minimum required exterior side yard width for lots abutting local streets from 6 m (19.69 ft) to 3 m (9.8 ft). This relief has been requested for the R2 & RM zones. Page 6 of 145 Report No: CP 2021-14 COMMUNITY PLANNING Council Date: January 19, 2021 Page 3 of 14 The applicant has provided the following studies in support of the applications:  Planning Justification Report, 97 North Street West, Revised November 2020, Zelinka Priamo Ltd  Geotechnical Investigation & Hydrogeological Assessment, September 4, 2020, LDS Consultants Inc  Preliminary Servicing Report, Westwinds Subdivison, September 2020, Development Engineering Limited  Draft Plan of Subdivision, November 2, 2020, Development Engineering Limited  Stage 1 & 2 Archaeological Assessment, November 2005, Timmins Martelle Heritage Consultants Inc  Stage 3 Archaeological Assessment, May 2006, Timmins Martelle Heritage Consultants Inc  Stage 3 Boundary Investigation, May 2019, Timmins Martelle Heritage Consultants Inc  Stage 4 Archaeological Assessment, August 2006, Timmins Martelle Heritage Consultants Inc  Burial Report, August 2020, Timmins Martelle Heritage Consultants Inc  Partial Stage 4 Mitigation, February 2020, Timmins Martelle Heritage Consultants Inc.  Traffic Impact Study, August 2020, Pardigm Transportation Solutions Limited For Council’s information, a previous draft plan of subdivision was approved for these lands by the Town and County in 2007, consisting of 94 lots for single detached dwellings and 8 blocks for future medium density residential development, consisting of 213 units. The draft plan of subdivision approval lapsed in 2012. The subject lands comprise approximately 13.44 ha (33.21 ac) and are currently vacant, and in agricultural production. Surrounding uses include the Tillsonburg Minor Soccer Park to the south, existing low density residential uses to the north and east, and institutional uses to the east and south. An abandoned railway ROW owned by the County of Oxford abuts the subject lands to the north, and agricultural uses are to the west, within the Township of South-West Oxford. There is a single detached dwelling fronting on North Street West that is surrounded by the subject lands. Plate 1, Location Map with Existing Zoning, indicates the location of the subject site and the existing zoning in the immediate vicinity. Plate 2, 2015 Aerial Map with Existing Zoning and Official Plan Designation, provides an aerial view of the subject property and surrounding area and depicts the extent of the current Official Plan designations. Plate 3, Proposed Draft Plan of Subdivision, provides the layout of the proposed draft plan of subdivision. Application Review 2020 PROVINCIAL POLICY STATEMENT The 2020 Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Under Section 3 of the Planning Act, where a municipality is exercising its authority affecting a planning matter, such decisions shall be consistent with all policy statements issued under the Act. Page 7 of 145 Report No: CP 2021-14 COMMUNITY PLANNING Council Date: January 19, 2021 Page 4 of 14 The policies of Section 1.1 state that healthy, liveable and safe communities are sustained by accommodating an appropriate range and mix of residential uses, including an appropriate affordable and market-based range, to meet long-term needs. Sufficient land shall be made available to accommodate an appropriate range and mix of land uses to meet projected needs for a time horizon of up to 25 years. Within settlement areas, sufficient land shall be made available through intensification and redevelopment. Section 1.1.3 states that settlement areas shall be the focus of growth and development, and their vitality and regeneration shall be promoted. Land use patterns within settlement areas shall be based on densities and a mix of land uses which efficiently use land, resources, infrastructure and public service facilities. Section 1.1.3.3 further states that planning authorities shall identify appropriate locations and promote opportunities for intensification and redevelopment where it can be accommodated, taking into account existing building stock or areas, including brownfield sites, and the availability of suitable existing or planned infrastructure and public service facilities required to accommodate projected needs. Section 1.4.3 directs that planning authorities shall provide for an appropriate range of housing types and densities to meet projected requirements of current and future residents of the regional market area by:  establishing and implementing minimum targets for the provision of housing which is affordable to low and moderate income households;  permitting and facilitating all forms of residential intensification and redevelopment and all forms of housing required to meet the social, health and well-being requirements of current and future residents;  directing the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are or will be available;  promoting densities for new housing which efficiently use land, resources, infrastructure and public service facilities and support the use of active transportation;  requiring transit-supportive development and prioritizing intensification, including potential air rights development, in proximity to transit, including corridors and stations; and  establishing development standards for residential intensification, redevelopment and new residential development which minimize the cost of housing and facilitate compact form, while maintaining appropriate levels of public health and safety. Section 1.6.6.2 also states that intensification and redevelopment within settlement areas on existing municipal sewage and water services should be promoted, wherever feasible. Section 2.6.2 of the PPS provides that development and site alteration shall not be permitted on lands containing archaeological resources or areas of archaeological potential unless significant archaeological resources have been conserved. OFFICIAL PLAN The subject lands are designated ‘Low Density Residential & Medium Density Residential’, according to the Town of Tillsonburg Land Use Plan & Residential Density Plan. Low Density Residential Areas are those lands that are primarily developed or planned for a variety of low rise, low density housing forms including single-detached dwellings, semi-detached, duplex or converted dwellings, quadraplexes, townhouses and low density cluster development. Page 8 of 145 Report No: CP 2021-14 COMMUNITY PLANNING Council Date: January 19, 2021 Page 5 of 14 In these areas, it is intended that there will be a mixing and integration of different forms of housing to achieve a low overall density of use. It is not intended that the full range of housing will be permitted in every individual neighbourhood or development. The maximum net residential density in the Low Density Residential Designation is 30 units / ha (12 units/ac) and the minimum net residential density is 15 units / ha (6 units/ac). The Low Density Residential development proposed has a net residential density of 15.1 units / ha (6.1 units/ ac). Medium Density Residential areas are those lands that are primarily developed or planned for low profile multiple unit development that exceed densities established in Low Density Residential Districts. Residential uses within Medium Density Residential areas include townhouses, cluster houses, converted dwellings, and apartment buildings. The maximum net residential density in the Medium Density Residential Districts is 62 units per hectare (25 units/acre) and no building shall exceed four storeys in height at street elevation. All proposals for medium density residential development shall be subject to site plan approval. When considering any specific proposal for medium density residential development, Town Council will be satisfied that the criteria of Section 8.2.5 are adequately addressed. The policies of Section 10.3.3 (Plans of Subdivision and Condominium) provide that County and Town Council will evaluate applications for a plan of subdivision on the basis of the requirements of the Planning Act, as well as criteria including, but not limited to, the following:  Conformity with the Official Plan;  The availability of community services such as roads, water, storm and sanitary sewers, waste disposal, recyclable collection, public utilities, fire and police protection, parks, schools and other community facilities;  The accommodation of Environmental Resources and the mitigation of environmental and human-made constraints;  The reduction of any negative effects on surrounding land uses, transportation networks or significant natural features;  The design of the plan can be integrated into adjacent developments, and;  The design of the plan is to be compatible with the natural features and topography of the site, and proposals for extensive cut and fill will be discouraged. As a condition of draft plan approval, County Council will require an applicant to satisfy conditions prior to final approval and registration of the plan. The applicant will be required to meet the conditions of the draft approval within the specified time period, failing which, draft plan approval may lapse. Additionally, to provide for the fulfillment of these conditions, and for the installation of services according to municipal standards, County Council shall require the applicant to enter into a subdivision agreement with the area municipality and, where necessary, the County, prior to final approval of the plan. Section 8.6.2.3 of the Official Plan provides that Town Council will acquire lands for use as parkland or leisure through conditions of draft approval of plan of subdivision. Land conveyed to the Town as part of the required parkland dedication will be expected to meet minimum standards for drainage, grading, landscaping, fencing and shape in accordance with the intended function and will be located in appropriate locations. Page 9 of 145 Report No: CP 2021-14 COMMUNITY PLANNING Council Date: January 19, 2021 Page 6 of 14 ZONING BY-LAW The subject lands are currently zoned ‘Future Development Zone (FD)’ according to the Town’s Zoning By-law. The ‘Future Development Zone (FD)’ permits a farm, existing buildings and structures, and a seasonal fruit and vegetable outlet. The application for zone change proposes to rezone the subject lands to ‘Special Low Density Residential Type 2 Zone (R2-sp)’. ‘Special Medium Density Residential Zone (RM-sp)’ & ‘Passive Use Open Space Zone (OS1)’. The applicant is proposing to rezone the proposed single detached dwelling lots to ‘Special Low Density Residential Type 2 (R2-sp)’ to reduce the minimum required exterior side yard width for lots abutting an arterial road (North Street) from 7.5 m (24.6 ft) to 6 m (19.69 ft), and to reduce the minimum required exterior side yard width for lots abutting local streets from 6 m (19.69 ft) to 3 m (9.8 ft). For a single detached dwelling, the ‘R2’ zone requires a minimum lot area of 315 m2 (3,390.7 ft2) for an interior lot and 450 m2 (4,843.9 ft2) for a corner lot, a frontage of 10.5 m (34.4 ft) for an interior lot and 15 m (49.2 ft) for a corner lot, a minimum lot depth of 30 m (98.4 ft), front yard depth of 6 m (19.7 ft), rear yard depth of 7.5 m (24.6 ft), interior side yard width of 1.2 m (3.9 ft), exterior side yard width of 6.0 m (19.7 ft), setback of 20.5 m (67.3 ft) from the centreline of an arterial road, landscaped open space area of 30% and maximum lot coverage of 40%. The proposed ‘Special Medium Density Residential Zone (RM-sp)’ would provide for a reduced exterior side yard for lots abutting an arterial road (North Street) from 7.5 m (24.6 ft) to 6 m (19.69 ft), and to reduce the minimum required exterior side yard width for lots abutting local streets from 6 m (19.69 ft) to 3 m (9.8 ft). Permitted uses within the ‘Passive Use Open Space Zone (OS1)’ include a passive use park, conservation project, or a public use including stormwater management facility. It is recommended that Holding Provisions be utilized as has been standard practice in the Town for draft plans of subdivision, to ensure that all appropriate development agreements are in place prior to the issuance of any building permits. AGENCY COMMENTS The applications were reviewed by a number of public agencies. The following comments were received. Town of Tillsonburg Building & By-Law Services provided the following comments:  Provide 5‘ chain link fencing as per the Town’s Pool Enclosure By-Law around Blocks 203 & 204.  Provide 6’ board fence on the east side of Lot 69, west side of Lot 68 and south property line of 93 North Street W - consult with 93 North St W.  In order to prevent sight line issues for Lot 68 and 69 from the proposed board fencing noted above, driveways must be designed on the west side of the lot for Lot 69 and on the east side of the lot for Lot 68.  Provide landscape design for fencing and vegetation buffer along North Street West. Page 10 of 145 Report No: CP 2021-14 COMMUNITY PLANNING Council Date: January 19, 2021 Page 7 of 14 The Town of Tillsonburg Engineering Services Department provided the following comments:  All storm sewers shall be designed to convey the 5 year storm.  Sidewalks will be required on the west, south, and east side of Street A, west, north and east side of Street B, and along North Street West.  The subject property contains the Bradburn Municipal Drain that traverses the property. This municipal drain will need to be abandoned and relocated at the developer’s cost; all flows are required to be conveyed through new storm sewers.  All side yards abutting streets need to follow Town and County standards for daylight triangles.  If approved, please include the following as conditions of draft plan approval: a. The Owner agrees to install fencing if required by the Town. b. The section of the Bradburn Municipal Drain that transverses the property shall be abandoned, to the satisfaction of the Town. All pre-existing flows will be required to be conveyed through the property via storm sewers at the Owner’s expense. c. The Owner agrees to satisfy all requirements, financial and otherwise, of the Town regarding the construction of roads, installation of services, including water, sewer, electrical distribution systems, street lights, sidewalks, and drainage facilities and other matters pertaining to the development of the subdivision in accordance with Town standards. d. Road allowances included in the draft plan of subdivision shall be dedicated to the Town as public highway to the satisfaction of the Town. e. The streets included on the draft plan of subdivision shall be named to the satisfaction of the Town. f. The subdivision agreement shall contain provisions indicating that prior to grading and issuance of building permits, a grading plan, servicing plan, hydro and street lighting plan, and erosion and siltation control plan, along with reports as required, be reviewed and approved by the Town, and further, the subdivision agreement shall include provisions for the owner to carry out or cause to be carried out any necessary works in accordance with the approved plans and reports. g. Such easements as may be required for utility or drainage purposes outside of the proposed public right-of-way shall be granted to the appropriate authority. The Town of Tillsonburg Parks Department provided the following comments: Due to the presence of significant archaeological resources within the proposed ‘Park Block’, RCP staff can advise that the Town will not accept ownership nor responsibility for the proposed park block. The Owner/ Developer will be responsible for keeping those lands in a tidy condition and in conformity with the Town’s Property Standards & Clean Yard By-Law.  The Developer shall retain, at their cost, a Certified Landscape Architect to work jointly with the Town to develop a plan for the Subdivision.  Develop an overall Landscaping Plan depicting One (1) tree per lot, in accordance with Tillsonburg’s Design Guidelines. Tree Species to satisfaction of the Town.  Chainlink Fencing between Lots 21 to 226 and Lot 39 adjacent to Stormwater Management Block 203  Chainlink Fencing between Lot 39 adjacent to Stormwater Management Block 203  Chainlink Fencing and Gating of Block 202 Pathway Link between Lots 38 and 39  2.0 metre Paved Asphalt Pathway on Block 202 to provide for maintenance access  Road widening on Quarter Town Line as depicted as Block 206 is required. Page 11 of 145 Report No: CP 2021-14 COMMUNITY PLANNING Council Date: January 19, 2021 Page 8 of 14 The Town of Tillsonburg Fire and Rescue Services Department indicated that they had no concerns with the proposal. The County Public Works Department requested that the following conditions be included: - The Owner agrees in writing that a 0.3 meter (1 foot) reserve along the Oxford Road 20 (North Street) frontage of the subject lands will be conveyed to the County of Oxford, free of all costs and encumbrances, to the satisfaction of Oxford County Public Works - Access to the proposed medium density block will be limited to the future Street(s) A or C. The ultimate location of the access will be subject to review and approval by Oxford County Public Works and Town at time of Site Plan Application - The Owner shall agree to prepare, and submit for the approval of Oxford County Public Works, detailed servicing plans designed in accordance with Oxford County Design Guidelines - The subdivision agreement shall make provision for the assumption and operation by the County of Oxford of the water and sewage system within the draft plan subject to the approval of the County of Oxford Department of Public Works - Prior to the final approval of the subdivision plan, the Owner shall receive confirmation from the County of Oxford Department of Public Works that there is sufficient capacity in the Tillsonburg water and sanitary sewer systems to service the plan of subdivision - The Owner agrees to provide such easements as may be required for utility or drainage purposes outside of the proposed public right-of-ways shall be granted to the appropriate authority - The Owner agrees in writing to satisfy all the requirements, financial and otherwise, including payment of applicable development charges, of the County of Oxford regarding the installation of the water distribution system, the installation of the sanitary sewer system, and other matters pertaining to the development of the subdivision. - Based on geotechnical findings, it appears that a Permit to Take Water will be required. Related design/construction measures shall be undertaken in accordance with requirements for high groundwater tables/Oxford County Specifications. The Long Point Region Conservation Authority provided the following comments: Long Point Region Conservation Authority staff have reviewed the documents submitted in support of the Official Plan Amendment, Draft Plan of Subdivision Approval, and Zoning By-Law Amendment affecting Westwinds Subdivision [as outlined previously in this report]. Conservation Authorities have been delegated responsibilities from the Minister of Natural Resources and Forestry to represent the provincial interests regarding natural hazards encompassed by Section 3.1 of the Provincial Policy Statement, 2020 (PPS). The overall intent of Section 3.0 - Protecting Public Health and Safety of the PPS is to reduce the potential public cost or risk to Ontario’s residents from natural or human-made hazards. Page 12 of 145 Report No: CP 2021-14 COMMUNITY PLANNING Council Date: January 19, 2021 Page 9 of 14 The subject lands are not subject to any natural hazards and LPRCA can advise that the proposed development is consistent with section 3.1 of the Provincial Policy Statement, 2020. The LPRCA has no objection to the concept of site development. General Comments: 1. The Preliminary Servicing Report states that storm sewers will be sized to a 2-year design storm. The Town of Tillsonburg design standards require storm sewers to be sized to a 5- year storm. 2. The Preliminary Servicing Report states that a ‘normal’ or 70% TSS removal is the water quality target. LPRCA staff suggest that the water quality targets should be to an ‘enhanced’ or 80% TSS removal at this development as it is located within a cold-water system. Ontario Regulation 178/06 The subject lands are not located within any portion of the Regulated Area outlined in Ontario Regulation 178/06 and permission from the Long Point Region Conservation Authority prior to any on-site development is not required. Union Gas requested that the Owner/developer provide the necessary easements and/or agreements required by Union Gas as a condition of draft approval. The Town Development Commissioner indicated that they are supportive of this proposed plan of subdivision, which help meet increased market demand for housing and will result in increased residential growth for the community. The inclusion of some medium density blocks instead of being comprised of entirely low density housing is appreciated, but I would recommend that based on market demand/need, that there be at least one block of high density zoning that could accommodate an apartment building or similar higher density housing option. The Tillsonburg District Chamber of Commerce indicated that they suggest further traffic impact studies are done in the area as the study was done in July 2020 when school is out and people are vacationing, and due to the pandemic, traffic was likely lighter than normal. PUBLIC CONSULTATION Notice of complete application was provided to surrounding neighbours on November 12, 2020, and notice of public meeting was sent on January 5, 2021 in accordance with the requirements of the Planning Act. At the time of writing this report, no comments or concerns had been received from the public. Planning Analysis The subject applications for Official Plan amendment, draft plan of subdivision approval and zone change propose to create 103 lots for single detached dwellings, 2 blocks for future medium density residential development, one block containing archeological resources, one stormwater management block served by 4 new local streets to facilitate the development of a residential plan of subdivision in the Town of Tillsonburg. It is the opinion of staff that the proposed amendments are consistent with the relevant policies of the PPS as the proposed development is compact, cost-effective, and an efficient land use pattern that minimizes land consumption and servicing costs. Page 13 of 145 Report No: CP 2021-14 COMMUNITY PLANNING Council Date: January 19, 2021 Page 10 of 14 The proposed development also contributes to an overall mix of housing types to accommodate current and future residents of the regional market area. The applicant has also provided archaeological studies to demonstrate that the proposed residential development will not impact any significant archaeological resources that have been identified on the site. The applicant proposes to re-designate a portion of the site (representing draft lots 26-47 and Street D) from ‘Medium Density Residential’ to ‘Low Density Residential’. With respect to the supply and demand for residential land, the Phase One Comprehensive Review completed by Hemson Consulting Limited (March 2020) indicates that over the 20 year planning period from 2019-2039 the Town of Tillsonburg is expected to have a potential surplus of 66 ha of vacant residential land, representing an estimated 1462 residential units. Given this, Planning staff are satisfied that the proposed re-designation is appropriate and there is sufficient supply remaining within the Town for future demand for Medium Density residential development. With regard to the policies of Section 10.3 of the Official Plan (Plans of Subdivision and Condominium) which require the developer to address a series of standard review criteria concerning the adequacy of servicing, environmental impacts, cultural resources, transportation networks and integration with surrounding developments, staff note that the required studies and reports have been received and reviewed through this Office and the recommendations of these reports can be satisfactorily addressed through the inclusion of appropriate conditions of draft approval. The proposal is in keeping with the Plan of Subdivision policies of Section 10.3.3, and the policies of the Low Density Residential designation. The proposed draft plan has a net residential density of 15.1 units / ha (6.1 units/ac), in keeping with the density target, being 15 to 30 units per hectare. The proposed street layout and sidewalk and pedestrian connections will provide appropriate linkages to the Trans Canada Trail on Quarter Town Line and other components of the Town’s active transportation network. The future development of the medium density blocks will be subject to site plan control, whereby issues such as access, building location, drainage, grading, landscaping, and parking requirements will be required to be addressed to the satisfaction of the Town & County. The provisions of the Medium Density Residential zone also include a maximum lot area per dwelling unit to ensure that the density targets of the Medium Density Residential designation are met. Through the circulation process, comments were provided by Town staff respecting the proposed parkland block, indicating that due to the presence of significant archaeological resources within the proposed parkland block, and the uncertainty whether active recreational uses or future playground or recreational equipment can be constructed on the lands, that Town staff recommend that this parcel remain in the ownership of the applicant. Planning staff note that there is no obligation for the Town to accept these lands and the required parkland dedication for this development was previously provided through the Tillsonburg Minor Soccer Club lands, and no parkland dedication is required for the development proposed on the subject property. Staff are satisfied that the requested zoning provisions to provide for reduced exterior side yard widths for corner lots within the development are generally appropriate. Town Engineering staff have indicated that adequate space remains for daylighting triangles to ensure that there are no impacts to sightlines or traffic movements. Additionally, no relief has been requested of the required 20.5 m (67.3 ft) setback from the centreline of North Street West and Quarter Town Line, which are arterial roads and as such minimal impact to these arterial roads is expected. Page 14 of 145 Report No: CP 2021-14 COMMUNITY PLANNING Council Date: January 19, 2021 Page 11 of 14 In light of the foregoing, Planning staff are satisfied that the proposed development is consistent with the policies of the Provincial Policy Statement and is in-keeping with the strategic initiatives and objectives of the Official Plan. As such, Staff are satisfied that the applications can be given favourable consideration. The previously noted agency comments have been addressed in the recommended conditions of draft approval, where appropriate, and are provided for Council’s consideration. RECOMMENDATIONS 1. The Council of the Town of Tillsonburg approve in principle the zone change application (File No. ZN 7-20-16) submitted by Southside Construction Management Inc., for lands legally described as Lot 8, Concession 11 (Dereham) in the Town of Tillsonburg, to rezone the lands Special Low Density Residential Type 2 Holding Zone, Special Medium Density Residential Holding Zone, Passive Use Open Space Zone, to facilitate the proposed draft plan of subdivision; 2. That the Council of the Town of Tillsonburg advise County Council that the Town supports the application to amend the County Official Plan (File No. OP 20-18-7), submitted by Southside Construction Management Inc, for lands legally described as Lot 8, Concession 11 (Dereham), in the Town of Tillsonburg, to redesignate a portion of the subject lands from ‘Medium Density Residential’ to ‘Low Density Residential’, to facilitate a proposed cul de sac with 16 single detached dwellings; 3. And further, the Council of the Town of Tillsonburg advise County Council that the Town supports the application for draft plan of subdivision, File No. SB 20-06-7, submitted by Southside Construction Management Inc., for lands legally described as Lot 8, Concession 11 (Dereham), in the Town of Tillsonburg, consisting of 103 lots for single-detached dwellings, two medium density residential blocks, a stormwater management block, and a proposed parkland block served by 4 new local streets, subject to the following conditions of draft approval: 1. This approval applies to the draft plan of subdivision submitted by Southside Construction Management Inc. (SB 20-06-7) and prepared by Development Engineering (London) Limited, as shown on Plate 3 of Report No. CP 2021-14 and comprising Lot 8, Concession 11 (Dereham), in the Town of Tillsonburg, showing 103 lots for single-detached dwellings, two medium density residential blocks, a stormwater management block, and a proposed parkland block served by 4 new local streets, subject to the following modification: a. A 0.3 m reserve block be included for lots abutting North Street West. 2. The Owner shall enter into a subdivision agreement with the Town of Tillsonburg and County of Oxford. 3. The Owner agrees in writing, to install fencing as may be required by the Town, to the satisfaction of the Town of Tillsonburg. 4. The Owner agrees in writing, to satisfy all requirements, financial and otherwise, of the Town regarding construction of roads, installation of services, including water, sewer, electrical distribution systems, sidewalks, street lights, and drainage facilities and other matters Page 15 of 145 Report No: CP 2021-14 COMMUNITY PLANNING Council Date: January 19, 2021 Page 12 of 14 pertaining to the development of the subdivision in accordance with the standards of the Town, to the satisfaction of the Town of Tillsonburg. 5. The road allowances included in the draft plan of subdivision shall be dedicated as public highways, to the satisfaction of the Town of Tillsonburg. 6. The streets included in the draft plan of subdivision shall be named, to the satisfaction of the Town of Tillsonburg. 7. The subdivision agreement shall contain provisions indicating that prior to grading and issuance of building permits, a grading plan, servicing plan, hydro and street lighting plan, and erosion and siltation control plan, along with reports as required, be reviewed and approved by the Town, and further, the subdivision agreement shall include provisions for the owner to carry out or cause to be carried out any necessary works in accordance with the approved plans an reports, to the satisfaction of the Town of Tillsonburg. 8. The subdivision agreement shall contain provisions requiring the Owner provide an overall Landscaping Plan depicting at least one (1) tree per lot, in accordance with Tillsonburg’s Design Guidelines. The Town shall approve the species of tree to be planted. 9. The subdivision agreement shall contain provisions requiring the Owner to implement all recommendations and mitigation measures from the Archaeological Investigation Report prepared by Timmins Martelle Heritage Consultants. 10. The Owner shall retain a Landscape Architect to prepare a landscape plan for the plan of subdivision, to the satisfaction of the Town of Tillsonburg. 11. Prior to the approval of the final plan by the County, the section of the Bradburn Municipal Drain that transverses the property shall be abandoned or relocated, to the satisfaction of the Town of Tillsonburg. 12. Prior to the approval of the final plan by the County, all lots/blocks shall conform to the zoning requirements of the Town’s Zoning By-law. Certification of lot areas, frontages, and depths shall be provided to the Town by an Ontario Land Surveyor retained by the Owner, to the satisfaction of the Town of Tillsonburg. 13. Prior to the approval of the final plan by the County, the Owner shall agree in writing that all phasing of the plan of subdivision will be to the satisfaction of the Town of Tillsonburg and County of Oxford. 14. Prior to the approval of the final plan by the County, such easements as may be required for utility and drainage purposes shall be granted to the appropriate authority, to the satisfaction of the Town of Tillsonburg and County of Oxford Public Works. 15. The Owner agrees in writing, to satisfy all the requirements, financial and otherwise, including payment of applicable development charges, of the County of Oxford regarding the installation of the water distribution system, the installation of the sanitary sewer system, and other matters pertaining to the development of the subdivision, to the satisfaction of County of Oxford Public Works. 16. The subdivision agreement shall make provision for the assumption and operation of the water and sewage system within the draft plan of subdivision by the County of Oxford, to the satisfaction of County of Oxford Public Works. Page 16 of 145 Report No: CP 2021-14 COMMUNITY PLANNING Council Date: January 19, 2021 Page 13 of 14 17. The Owner agrees in writing, to prepare and submit for approval from County of Oxford Public Works, detailed servicing plans designed in accordance with the County Design Guidelines, to the satisfaction of County of Oxford Public Works. 18. Prior to the approval of the final plan by the County, the Owner shall receive confirmation from County of Oxford Public Works that there is sufficient capacity in the Tillsonburg water and sanitary sewer systems to service the plan of subdivision, to the satisfaction of County of Oxford Public Works. 19. The Owner agrees in writing, that a 0.3 m (1 ft) reserve along North Street West shall be conveyed to the County as required, free of all costs and encumbrances, to the satisfaction of County of Oxford Public Works. 20. The Owner agrees in writing, that a road widening along North Street West shall be conveyed to the County as required, to provide a 15 m (49.2 ft) right-of-way from the centerline of the Road, free of all costs and encumbrances, to the satisfaction of County of Oxford Public Works. 21. The Owner agrees in writing, that 3 m (9.8 ft) x 3 m (9.8 ft) daylighting triangles along North Street West shall be conveyed to the County as required for lots abutting Streets ‘A’ & ‘D’, free of all costs and encumbrances, to the satisfaction of County of Oxford Public Works. 22. The Owner agrees in writing, to install fencing for lots adjacent to the North Street Road allowance as may be required by the County, to the satisfaction of the County. 23. The Owner agrees in writing, to the satisfaction of the County, through t he subdivision agreement, to ensure that all agreements of purchase and sale for lots abutting North Street West shall have appropriate disclosure and warning clauses to inform future owners and residents and the outdoor amenity areas for lots abutting North Street West may experience noise levels that exceed the Ministry of Environment, Conservation and Park’s NPC-300 Noise Guidelines. 24. Prior to the approval of the final plan by the County, the Owner shall agree in writing to satisfy the requirements of Canada Post Corporation with respect to advising prospective purchasers of the method of mail delivery; the location of temporary Centralized Mail Box locations during construction; and the provision of public information regarding the proposed locations of permanent Centralized Mail Box locations, to the satisfaction of Canada Post. 25. Prior to the approval of the final plan by the County, the Owner shall agree in writing, to satisfy the requirements of Union Gas that the Owner/developer provide Union Gas Limited with the necessary easements and/or agreements required for the provisions of gas services, to the satisfaction of Union Gas Limited. 26. Prior to the approval of the final plan by the County, the Owner shall secure clearance from the Long Point Region Conservation Authority (LPRCA), indicating that final lot grading plans, soil conservation plan, and stormwater management plans have been completed to their satisfaction. 27. Prior to the approval of the final plan by the County, the County of Oxford shall be advised by the Town of Tillsonburg that Conditions 2 to 14 (inclusive), have been met to the satisfaction of the Town. The clearance letter shall include a brief statement for each condition detailing how each has been satisfied. Page 17 of 145 Report No: CP 2021-14 COMMUNITY PLANNING Council Date: January 19, 2021 Page 14 of 14 28. Prior to the approval of the final plan by the County, the Owner shall secure clearance from the County of Oxford Public Works Department that Conditions 14 to 22 (inclusive), have been met to the satisfaction of County Public Works. The clearance letter shall include a brief statement for each condition detailing how each has been satisfied. 29. Prior to the approval of the final plan by the County, the County of Oxford shall be advised by Canada Post Corporation that Condition 24 has been met to the satisfaction of Canada Post. The clearance letter shall include a brief statement detailing how this condition has been satisfied. 30. Prior to the approval of the final plan by the County, the County of Oxford shall be advised by Union Gas that Condition 25 has been met to the satisfaction of Union Gas. The clearance letter shall include a brief statement detailing how this condition has been satisfied. 31. Prior to the approval of the final plan by the County, the County of Oxford shall be advised by LPRCA that Condition 26 has been met to the satisfaction of LPRCA. The clearance letter shall include a brief statement detailing how this condition has been satisfied. 32. Prior to the approval of the final plan by the County, the Owner shall provide a list of all conditions of draft approval with a brief statement detailing how each condition has been satisfied, including required supporting documentation from the relevant authority, to the satisfaction of the County of Oxford. 33. This plan of subdivision shall be registered within three (3) years of the granting of draft approval, after which time this draft approval shall lapse unless an extension is authorized by the County of Oxford. SIGNATURES Authored by: Eric Gilbert, MCIP, RPP Senior Planner Approved for submission: Gordon K. Hough, RPP Director Page 18 of 145 October 20, 2020 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 2050 Notes NAD_1983_UTM_Zone_17N 102 Meters Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) Quarter Town Line Lands within the Township of South- West Oxford Tillsonburg Minor Soccer Club Subject Lands Plate 1- Location Map with Existing Zoning File Nos. OP 20-18-7; SB 20-06-7 & ZN 7-20-16- Southside Construction Management (London) Ltd Lot 8, Concession 11 (Dereham)- 97 North Street West, Tillsonburg Page 19 of 145 October 20, 2020 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 2050 Notes NAD_1983_UTM_Zone_17N 102 Meters Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) Residential Density Low Density Residential Medium Density Residential High Density Residential Residential Reserve Heritage Residential Mobile Home Park Plate 2- 2015 Aerial Map with Existing Zoning and Official Plan Designation File Nos. OP 20-18-7; SB 20-06-7 & ZN 7-20-16- Southside Construction Management (London) Ltd Lot 8, Concession 11 (Dereham)- 97 North Street West, Tillsonburg Subject Lands Lands within the Township of South- West Oxford Tillsonburg Minor Soccer Club Page 20 of 145 Planning Justification Report 97 North Street West Tillsonburg, County of Oxford Southside Construction Management Limited August 2020 Revised October 2020 Page 22 of 145 Planning Justification Report August 2020 97 North Street West, Tillsonburg Southside Construction Management Limited Zelinka Priamo Ltd. Page ii TABLE OF CONTENTS 1.0 INTRODUCTION ....................................................................................... 1  1.1 Introduction .................................................................................................................... 1  1.2 Description of Subject Lands ........................................................................................ 1  1.3 Surrounding Land Uses/Existing Conditions ................................................................. 2  1.4 Proposed Development ................................................................................................ 3  1.5 Oxford County Official Plan .......................................................................................... 3  1.6 Town of Tillsonburg Zoning By-law ................................................................................ 6  2.0 PROPOSED APPLICATIONS ..................................................................... 7  2.1 Official Plan Amendment ............................................................................................. 7  2.2 Zoning By-law Amendment .......................................................................................... 7  2.3 Plan of Subdivision ......................................................................................................... 8  3.0 PLANNING ANALYSIS ............................................................................. 9  3.1 Planning Act, RSO 1990 ................................................................................................. 9  3.2 Provincial Policy Statement 2020 ............................................................................... 12  3.3 Oxford County Official Plan ........................................................................................ 14  3.3.1 Low Density Residential Policies ......................................................................... 15  3.3.2 Medium Density Residential Policies ................................................................. 16  3.4 Town of Tillsonburg Zoning By-law .............................................................................. 17  4.0 SUMMARY ............................................................................................. 17  Page 23 of 145 Planning Justification Report August 2020 97 North Street West, Tillsonburg Revised October 2020 Southside Construction Management Limited 2 | Page 1.0 INTRODUCTION 1.1 INTRODUCTION Zelinka Priamo Ltd. has prepared the following land use planning analysis in order to evaluate a proposed residential plan of subdivision, by way of amendments to the Oxford County Official Plan, and Town of Tillsonburg Zoning By-law. This report reviews the proposal within the context of the Provincial Policy Statement, the Oxford County Official Plan, and the Town of Tillsonburg Zoning By-law, as well as sound planning practice. 1.2 DESCRIPTION OF SUBJECT LANDS Figure 1: Subject Lands The subject lands are located within the northwest area of the Tillsonburg settlement area. The subject lands are generally rectangular in shape and have a site area of approximately 13.44 hectares (33.21 acres), and have frontage along North Street West of approximately 485.0m (1,590 ft) and along Quarter Town Line of 246.0m (807 ft)(Figure 1). The subject lands are bounded by the former Canadian National Railway along the south property line. The physical rail line no longer exists, and the lands are used as an informal Page 24 of 145 Planning Justification Report August 2020 97 North Street West, Tillsonburg Revised October 2020 Southside Construction Management Limited 2 | Page walking trail. The rail corridor is still under CN ownership. They are legally described as part of Lot 8, Concession 11, formerly Township of Dereham, now the Municipality of the Town of Tillsonburg. The subject lands are currently vacant of structures and used for agricultural purposes (cash crop). They are generally flat in topography with no existing natural vegetation. The subject lands surround a single detached dwelling that fronts onto North Street West; this is a separate property and does not makeup part of the subject lands nor subject to the proposed applications. 1.3 SURROUNDING LAND USES/EXISTING CONDITIONS Figure 2: Subject Lands and Surrounding Area The subject lands are within a designated urban area of the Town of Tillsonburg and are at the edge of the existing urban fabric. The surrounding land uses include agriculture to the west, low density residential to the north, east, and parkland and low density residential to the south (Figure 2). Single institutional uses (place of worship, and schools) are interspersed through the low density residential areas surrounding the subject lands. The Page 25 of 145 Planning Justification Report August 2020 97 North Street West, Tillsonburg Revised October 2020 Southside Construction Management Limited 2 | Page larger area surrounding the subject lands is primarily agricultural to the west, and low density residential to the north, east, and south. There are limited commercial uses along Broadway (Highway 19) further east of the subject lands. 1.4 PROPOSED DEVELOPMENT The proposal for the subject lands is to create 103 single detached lots, with two multi- family blocks, one parkland block, a stormwater management block, and two road widening dedications. The proposed multi-family blocks are proposed to address the North Street West and Quarter Town Line intersection and front along the Quarter Town Line streetscape. The proposed parkland and stormwater management blocks are proposed along the former rail corridor and will provide the potential to tie into a large parkland system along the corridor and the existing parkland on the south side of the rail corridor (Tillsonburg Soccer). The proposed road network consists of two access to North Street West opposite existing road connection on the north side (Woodland Crescent, and Brad Avenue). A single access is proposed to Quarter Town Line opposite the existing Park Place connection. A new local road, Street ‘B’, creates a crescent internal to the subject lands, and a new cul- du-sac rounds out the proposed local road system. No private driveway connections are proposed to either North Street West or Quarter Town Line. The proposed multi-family blocks will be accessed from the internal road network, and the proposed single detached lots will be back lotted onto North Street West where applicable. The lands are proposed to be zoned using similar residential zones and regulations as the lands to the north of the subject lands. Some special provisions for a reduce exterior side yard setback are proposed as well. The multi-family block will be zoned consistent with similar developments in the Town of Tillsonburg, and a similar reduction to exterior side yard setbacks as the single detached lots. The parkland block, and stormwater management block will be zoned accordingly based on similar uses to the south of the subject lands. Please see the ‘Zoning By-law Application’ section of this report for additional information on the proposed zoning. 1.5 OXFORD COUNTY OFFICIAL PLAN Under the current County of Oxford Official Plan the subject lands are designated “Residential”, on Land Use Schedule T-1 “Town of Tillsonburg Land Use Plan” (Figure 3). Page 26 of 145 Planning Justification Report August 2020 97 North Street West, Tillsonburg Revised October 2020 Southside Construction Management Limited 2 | Page Surrounding land uses are ‘Residential’ to the north, east, and south. The lands to the west are outside of the Town of Tillsonburg settlement boundary, and are designated as ‘Agricultural Reserve’ on Land Use Schedule S-1 “Township of South West Oxford Land Use Plan”. Figure 3: Town of Tillsonburg - Official Plan Land Use Schedule T-2 of the County of Oxford Official Plan, “Town of Tillsonburg Residential Density Plan”, identifies the subject lands as ‘Low Density Residential’ (LDR), and ‘Medium Density Residential’ (MDR)(Figure 4). The MDR area is along the Quarter Town Line Frontage, between the rail corridor and North Street West. The MDR block has a depth of approximately 180m into the subject lands. The balance of the subject lands are designated as LDR. Page 27 of 145 Planning Justification Report August 2020 97 North Street West, Tillsonburg Revised October 2020 Southside Construction Management Limited 2 | Page Figure 4: Town of Tillsonburg Official Plan - Residential Density Schedule T-4 of the County of Oxford Official Plan, “Town of Tillsonburg Transportation Network Plan”, designates both North Street West, and Quarter Town Line as ‘Arterial Road’, and the North Street West, and Quarter Town Line intersection is identified for ‘intersection improvement’, and the rail corridor crossing at the south end of the subject lands is designated for ‘railway crossing improvement’. The proposed residential uses (single detached dwellings, and multi-family) are permitted within the Residential designation as primary uses. The proposed layout of the subdivision is generally consistent with the residential density layout; however, a portion of the MDR lands are proposed for LDR development. As such an Official Plan Amendment is required to re-designate a portion of the MDR lands to LDR to implement the proposed development. Page 28 of 145 Planning Justification Report August 2020 97 North Street West, Tillsonburg Revised October 2020 Southside Construction Management Limited 2 | Page 1.6 TOWN OF TILLSONBURG ZONING BY-LAW The subject lands are currently zoned Future Development (FD)(Figure 5). The surrounding area is predominately zoned for Low Density residential uses to the north, east, and south. The agricultural lands to the west are zoned for agricultural uses. The institutional uses throughout the surrounding neighbourhoods are zoned appropriately. The proposed development of single detached dwellings and multi-family are not permitted under the current zoning, and the parkland block and stormwater block as need to be zoned appropriately. A Zoning By-law Amendment to facilitate the proposed development. Figure 5: Town of Tillsonburg Zoning By-law The proposed development is consistent with the existing zones in the surrounding built-up areas to the north, east, and south. A Zoning By-law Amendment is requested to amend the existing Future Development (FD) zone to implement appropriate Residential (R2 & RM) and Open Space (OS) zones. Site specific provisions are proposed for the exterior side yard setbacks. Page 29 of 145 Planning Justification Report August 2020 97 North Street West, Tillsonburg Revised October 2020 Southside Construction Management Limited 2 | Page 2.0 PROPOSED APPLICATIONS 2.1 OFFICIAL PLAN AMENDMENT The proposed Official Plan Amendment (OPA) seeks to re-designate a portion of the Medium Density Residential lands to Low Density Residential to permit the development of single detached dwellings (Figure 6). Figure 6: Proposed Official Plan Amendment to Schedule T-2 - Residential Density Plan The OPA is to Schedule T-2 – Residential Density Plan; there are no proposed changes to the text portion of either the Low Density Residential or Medium Density Residential policies. 2.2 ZONING BY-LAW AMENDMENT The proposed Zoning By-law Amendment is to rezone the subject lands from the existing Future Development zone (FD) to the Residential (R2-__) zone, Residential (RM-__) zone, and Open Space (OS2) zone. The proposed residential zones are consistent with similar uses within the surrounding area. The proposed RM zone provides for additional flexibility in permitted uses, including cluster and street townhouses and low-rise apartments. The Page 30 of 145 Planning Justification Report August 2020 97 North Street West, Tillsonburg Revised October 2020 Southside Construction Management Limited 2 | Page proposed special provisions are also consistent with previous approvals granted to similar developments. The proposed special provisions are as follows: Single Detached Dwelling:  Exterior Side Yard (Arterial) – 6.0 metres  Exterior Side Yard (Local) – 3.0 metres Multi-family Blocks:  Exterior Side Yard (Arterial) – 6.0 metres  Exterior Side Yard (Local) – 3.0 metres The proposed residential zone is consistent with the existing zoning on the lands immediately east of the subject lands. The proposed Open Space zone will facilitate the development of public parkland and stormwater management block combination. No special provisions are proposed for those blocks at this time. 2.3 PLAN OF SUBDIVISION The proposal for the subject lands is to create 103 single detached lots, with two multi- family blocks, one parkland block, a stormwater management block, and two road widening dedications. The proposed multi-family blocks are proposed to address the North Street West and Quarter Town Line intersection and front along the Quarter Town Line streetscape. The proposed parkland and stormwater management blocks are proposed along the former rail corridor and will provide the potential to tie into a large parkland system along the corridor and the existing parkland on the south side of the rail corridor (Tillsonburg Soccer). The parkland dedication represents a 7% land area contribution, in addition to the SWM pond block, which is above the minimum requirement of 5%. The proposed road network consists of two access to North Street West opposite existing road connection on the north side (Woodland Crescent, and Brad Avenue). A single access is proposed to Quarter Town Line opposite the existing Park Place connection. A new local road, Street ‘B’, creates a crescent internal to the subject lands, and a new cul- du-sac rounds out the proposed local road system. No private driveway connections are proposed to either North Street West or Quarter Town Line. The proposed multi-family Page 31 of 145 Planning Justification Report August 2020 97 North Street West, Tillsonburg Revised October 2020 Southside Construction Management Limited 2 | Page blocks will be accessed from the internal road network, and the proposed single detached lots will be back lotted onto North Street West where applicable. Figure 7: Plan of Subdivision of Subject Lands 3.0 PLANNING ANALYSIS 3.1 PLANNING ACT, RSO 1990 In considering a draft plan of subdivision, the Planning Act states that regard shall be had for the items in Section 51(24). The proposed draft plan of subdivision addresses the items as follows: (a) the effect of development of the proposed subdivision on matters of provincial interest as referred to in section 2;  The proposed development is consistent with the policies of the Provincial Policy Statement and is consistent with matters of provincial interest as demonstrated in Section 3.2 of this report. (b) whether the proposed subdivision is premature or in the public interest;  The Town of Tillsonburg Area continues to experience a steady residential growth rate, with a growing demand for alternative forms of housing. Additionally, the subject lands are designated for residential uses in the County OP, and are Page 32 of 145 Planning Justification Report August 2020 97 North Street West, Tillsonburg Revised October 2020 Southside Construction Management Limited 2 | Page planned for residential development. It has been demonstrated that sufficient servicing capacity exists for the proposed development. As such, the proposed subdivision is not premature, and is in the public interest. (c) whether the plan conforms to the official plan and adjacent plans of subdivision, if any;  The proposed draft plan of subdivision is consistent with the Oxford County Official Plan. The proposed lot and block layout is consistent with the existing surrounding communities, and is consistent with planned residential densities as outlined in the OP. The proposed road layout is consistent with adjacent subdivisions, utilising crescents and culs-du-sac for efficient internal circulation. (d) the suitability of the land for the purposes for which it is to be subdivided;  There are no significant constraints that would prevent the proposed development on the subject lands. The subject lands are within the settlement area boundary and are surrounding to the north, east, and south by existing built-up areas. This development will fill a gap in the residential fabric of northwest Tillsonburg. (e) the number, width, location and proposed grades and elevations of highways, and the adequacy of them, and the highways linking the highways in the proposed subdivision with the established highway system in the vicinity and the adequacy of them;  Access to the proposed subdivision is from North Street West (2 accesses) and Quarter Town Line (1 access), existing roadways. The proposed widths and grades of roads in the subdivision are according to Municipal standards. (f) the dimensions and shapes of the proposed lots;  The proposed lot layout is appropriate for the subdivision of the subject lands. (g) the restrictions or proposed restrictions, if any, on the land proposed to be subdivided or the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land;  The lands are proposed to be developed for single detached dwellings, and multi- family uses, consistent with dwellings and developments in the surrounding neighbourhoods with similar zoning restrictions. (h) conservation of natural resources and flood control; Page 33 of 145 Planning Justification Report August 2020 97 North Street West, Tillsonburg Revised October 2020 Southside Construction Management Limited 2 | Page  A stormwater management facility will be constructed to ensure storm flows from the subject lands match predevelopment conditions. (i) the adequacy of utilities and municipal services;  Existing municipal services exist and are available and adequate for the proposed subdivision. Services will be extended where necessary to service the proposed subdivision. (j) the adequacy of school sites;  The subject lands are proximate to Public, and Catholic schools to serve the future population. (k) the area of land, if any, within the proposed subdivision that, exclusive of highways, is to be conveyed or dedicated for public purposes;  A small parkland block is proposed adjacent the rail corridor to provide public outdoor amenity features. The park block will be adjacent the SWM facility providing a feature that future trail and pathways can utilise. This block combination is also adjacent the rail corridor that is currently used as an informal walking trail, and further connects to the south to the Tillsonburg Soccer fields. (l) the extent to which the plan’s design optimizes the available supply, means of supplying, efficient use and conservation of energy; and  The plan creates direct and efficient vehicle connections to the arterial street system. Energy saving construction materials will be utilized where possible in the construction process. (m) the interrelationship between the design of the proposed plan of subdivision and site plan control matters relating to any development on the land, if the land is also located within a site plan control area designated under subsection 41 (2) of this Act or subsection 114 (2) of the City of Toronto Act, 2006. 1994, c. 23, s. 30; 2001, c. 32, s. 31 (2); 2006, c. 23, s. 22 (3, 4).  Single detached dwellings are not subject to site plan control; however, the multi- family blocks will be subject to Site Plan Control once a full development proposal for those blocks are determined. Page 34 of 145 Planning Justification Report August 2020 97 North Street West, Tillsonburg Revised October 2020 Southside Construction Management Limited 2 | Page 3.2 PROVINCIAL POLICY STATEMENT 2020 The Provincial Policy Statement 2020 (PPS), issued under the authority of Section 3 of the Planning Act “provides policy direction on matters of provincial interest related to land use planning” in order to ensure efficient, cost efficient development and the protection of resources. Development applications are required to be consistent with these policies. Applicable PPS policies include: 1.1.2, 1.1.3.1, 1.1.3.2, 1.3.3.6, under 1.1.3 Settlement Areas; 1.4.1a) and b) under 1.4 Housing; 1.5 Public Spaces, Recreation, Parks, Trails and Open Space; 1.6.6 Sewage, Water and Stormwater; 1.6.8.3 Transportation Systems; 2.2 Water; and 2.6 Cultural Heritage and Archaeology. Policy 1.1.2 in the PPS requires that sufficient lands be made available to accommodate an appropriate range and mix of uses including residential development and public service facilities to meet projected needs in Settlement Areas through intensification and redevelopment and if necessary designated growth areas. Policy 1.1.3.1 identifies Settlement Areas as the focus of growth and development and the promotion of their vitality and regeneration shall be promoted. Policy 1.1.3.2 requires land use patterns in Settlement Areas to be based on densities and a mix of land uses that efficiently use land, are appropriate for and efficiently use the infrastructure and public service facilities which are planned or available, minimize negative impacts on air and water, consider climate change and are transit and freight supportive. Policy 1.1.3.6 encourages new development in designated growth areas to occur adjacent to the existing built-up area. Policy 1.4.1a) requires accommodation at all times for residential growth for a minimum of 15 years through residential intensification and redevelopment and if necessary lands which are designated and available for residential development. Policy 1.4.1b) requires that land with servicing capacity is sufficient to provide at least 3 years supply of residential units through lands suitably zoned to facilitate intensification and redevelopment and land in draft approved and registered plans. Page 35 of 145 Planning Justification Report August 2020 97 North Street West, Tillsonburg Revised October 2020 Southside Construction Management Limited 2 | Page Policy 1.5 promotes the planning of public spaces to, among other matters, foster social interaction and providing for a full range and equitable distribution of publicly accessible built and natural settings for recreation including facilities, parklands, public spaces and open space areas. Policy 1.6.6.6 requires confirmation of sufficient reserve sewage capacity and reserve water capacity. Policies 1.6.6.7 and 2.2 require storm water best management protection practices to minimize stormwater volumes and contaminant loads and maintain or increase the extent of vegetative and previous surfaces. Policy 1.6.8.3 does not permit development on lands adjacent to existing transportation corridors that is not compatible with or cannot be mitigated to minimize negative impacts on and from the corridor. Policy 2.6 Cultural Heritage and Archaeology requires conservation of significant built heritage resources and significant cultural heritage landscapes and promotes conserving archaeological resources. The proposed residential development is in a designated and available growth area in the County Official Plan (Policies 1.1.2, 1.1.3.1) and are serviced by full municipal sewer and water services (Policy 1.6.6.6). The form and density of the proposed development is comparable to the existing fully serviced built out residential development in the surrounding community. The proposed single detached dwelling and multi-family forms and densities are consistent with the anticipated forms and densities of residential development in the surrounding area (Policy 1.1.3.2). The proposal is surrounded by existing low density communities and this development will fill a gap in the residential area along Quarter Town Line within the built-up area (Policy 1.1.3.6). These lands are part of the land supply (in the regional market area) which is intended to accommodate residential growth for a minimum of 10 years in the Town of Tillsonburg (Policy 1.4.1a). The proposed amendment adds to the supply of lands zoned for residential use (Policy 1.4.1b). Walkways promote pedestrian and biking movements and link the development to the Stormwater Management Facility, and public parkland, and the rail corridor trail (Policy 1.5). The Preliminary Servicing report demonstrates that there is reserve sewer capacity in Page 36 of 145 Planning Justification Report August 2020 97 North Street West, Tillsonburg Revised October 2020 Southside Construction Management Limited 2 | Page the existing sewage treatment plant and there is reserve water capacity for the subject lands (Policy 1.6.6.6). The Preliminary Stormwater Management Report proposes that storm sewers and the wet pond Stormwater facility will be designed in general accordance with the Master Servicing Plan and Ministry of Environment and Climate Change design manual guidelines, documents which promote best management practices. Stormwater flow rates will be restricted to pre-development levels (Policies 1.6.6.7 and 2.2). The proposed park block has been identified as a high potential for archaeological finds. The conveyance of the park block will protect any potential finds from development (Policy 2.6). Based on the above, the proposed Draft Plan of Subdivision and Zoning By-Law Amendment are consistent with the relevant policies in the Provincial Policy Statement 2020. 3.3 OXFORD COUNTY OFFICIAL PLAN The subject lands are in the Residential designation. The Residential designation is intended for the full range of dwelling types from detached homes to apartment dwellings. The Residential designation is further broken down into Low, Medium, and High Density areas. The subject lands are within low and medium density areas, with the medium density directed towards the Quarter Town Line frontage, and the North Street intersection. According to Section 8.2.3.1 residential development shall:  Ensure orderly residential development throughout the Town by:  directing the expansion of residential development into appropriate areas according to availability of municipal services, soil conditions, topographic features, environmental constraints and in a form which can be integrated with established land use patterns;  ensuring that approvals for residential development are consistent with servicing capabilities and providing for the efficient allocation of municipal services to ensure that the expansion of services does not occur prematurely. The proposed development is located within the existing built-up area of Tillsonburg, with existing low density neighbourhoods to the north, east, and south. The subject lands have adequate municipal services available without the need to extend them. The subject Page 37 of 145 Planning Justification Report August 2020 97 North Street West, Tillsonburg Revised October 2020 Southside Construction Management Limited 2 | Page lands are currently farmed and do not present limited constraints for development. A small portion is identified as high potential for archaeological resources. This area is proposed for parkland development which will protect the lands from future development. The subject lands are located against the Tillsonburg Municipal Boundary, with existing development to the north, east, and south; this piece of land fills the gap within the existing residential community.  Ensure that the built form, massing and profile of new housing is well integrated and compatible with existing housing and that a compatible transition between lands of different residential densities and between residential and non-residential land uses is achieved. The proposed dwellings will be consistent with the newer built form to the south, opposite the rail corridor. The dwellings will be 1-2 storeys in height and be consistent with the older built form on the north side of North Street West.  Facilitate the provision of conveniently and appropriately located neighbourhood serving uses and supportive amenities which enhance the quality of the residential environment in Residential Areas. 3.3.1 Low Density Residential Policies Residential development within the Low Density Residential Area designation shall be developed in the accordance with the policies of Section 8.2.4 of the OP. The following policies are applicable to the proposed development:  Low Density Residential areas are those lands that are primarily developed or planned for a variety of low-rise, low density housing forms including single detached, semi-detached, duplex, converted dwellings, quadraplexes, townhouses, and low density cluster development.  The maximum net residential density for an individual development in the Low Density Residential area is 30 units per hectare (12 units per acre) and no building shall exceed three stories in height at street elevation.  New Low Density Residential development will have a minimum residential density of 15 units per hectare (6 units per acre) throughout the Town. The proposed development within the LDR area will be comprised of 103 single detached lots. Based on the land area this will provide a residential density of approximately 15.1 Page 38 of 145 Planning Justification Report August 2020 97 North Street West, Tillsonburg Revised October 2020 Southside Construction Management Limited 2 | Page units per hectare, which is within the permitted range. The proposed dwelling heights will comply with the regulations of the R2 zone. The Official Plan does not provide criteria for establishing new LDR areas within the Residential Density Plan. The proposed OPA seeks to re-designate a portion of the MDR lands to LDR. The portion is to the rear of the MDR area, and the retained MDR lands would still provide full frontage along Quarter Town Line, consistent with the location criteria for MDR lands. The proposed LDR lands would facilitate a desired type of housing (single detached) within the area, while maintaining a significant portion of the subject lands for future MDR development within the two proposed blocks. The proposed OPA would locate the LDR lands towards the internal portion of the subdivision, away from the arterial roadways. The proposed OPA would also encourage the retained MDR blocks to focus development towards the street frontages, and provide a suitable land use transition to the internal LDR lands. 3.3.2 Medium Density Residential Policies Residential development within the Medium Density Residential Area designation shall be developed in the accordance with the policies of Section 8.2.5 of the OP. The following policies are applicable to the proposed development:  Medium Density Residential areas are those lands that are primarily developed or planned for low to medium profile multiple unit development that exceeds densities established for Low Density areas. Residential uses within Medium Density Residential areas include townhouses, medium density cluster development, converted dwellings and low-rise apartments.  The maximum net residential density in the Medium Density Residential area is 62 units per hectare (25 units per acre) and no building shall exceed four stories in height at street elevation. Within areas of new Medium Density Residential development, the minimum net residential density shall be 31 units per hectare (13 units per acre). The proposed development creates two multi-family blocks oriented towards the North Street West and Quarter Town Line intersection, and along the Quarter Town Line frontage. The ultimate development for these blocks has not been determined, but the provided plan conceptually show cluster townhouse forms. The proposed plans show a potential of 65 townhouse units. This would result in a density of 36 units per hectare which is within the permitted range for medium density development. The conceptual townhouses are Page 39 of 145 Planning Justification Report August 2020 97 North Street West, Tillsonburg Revised October 2020 Southside Construction Management Limited 2 | Page shown to be oriented towards the public streets provided a strong street edge. Please note, that while the provided plan shows townhouse development, the final form of development for the MDR blocks will be determined at the Site Plan Approval stage. Based on the above analysis the proposed development is consistent with the policies of the Oxford County Official Plan. 3.4 TOWN OF TILLSONBURG ZONING BY-LAW The proposed special provisions to reduce the exterior side yard setbacks along arterial and local roadways, will site the built form closer to the public ROW, and public spaces creating a street wall/edge and establish a sense of enclosure and comfortable pedestrian environment. The reduced setback will provide for street-oriented development that is pedestrian-friendly. 4.0 SUMMARY The proposed Plan of Subdivision, Official Plan Amendment, and Zoning By-law Amendment are consistent with the Provincial Policy Statement and in conformity with the intent of the Oxford County Official Plan. The Plan of Subdivision appropriately addresses the considerations of the Planning Act 51(24). The proposed development takes advantage of underutilized lands at the edge of the built-up urban area of the Tillsonburg. The proposed residential uses support the existing residential community surrounding the subject lands to the north, east, and south. The proposed development is a logical extension of the existing residential area, minimizing land consumption and ensuring the efficient use of existing municipal services and limiting unnecessary extensions of services. The proposed parkland and stormwater blocks will provide additional community services to the immediate neighbourhood. The proposed OPA and ZBA implement the planned function of the subject lands through appropriate low and medium density residential designations and zones. The proposed zoning provides for a variety of uses (multi-family blocks) on the subject lands and special provisions regarding side yard setbacks will allow for better utilization of building lots. Page 40 of 145 Planning Justification Report August 2020 97 North Street West, Tillsonburg Revised October 2020 Southside Construction Management Limited 2 | Page The proposed development is in keeping with character of the existing adjacent community development and creates no adverse land use impacts. The proposed plan of Subdivision, and ZBA represent sound land use planning and are in the public interest. Page 41 of 145 OP 20-18-7 Nov. 2/20 000250875Nov. 11/20 Page 42 of 145 Page 43 of 145 Page 44 of 145 Page 45 of 145 Page 46 of 145 SB 20-06-7 Spet. 23/20 000280227 Page 47 of 145 Page 48 of 145 Page 49 of 145 Page 50 of 145 Page 51 of 145 Page 52 of 145 Page 53 of 145 Page 54 of 145 Page 55 of 145 Page 56 of 145 5A-150 Pinebush Road Cambridge ON N1R 8J8 p: 519.896.3163 905.381.2229 416.479.9684 www.ptsl.com 11 January Project: 200392 Michael Frijia Development Manager Southside Group 75 Blackfriars Street London ON N6H 1K8 Dear Mr. Frijia: RE: NORTH STREET SUBDIVISION, TILLSONBURG – TRANSPORTATION IMPACT STUDY In August 2020, Paradigm Transportation Solutions Limited (Paradigm) completed a Transportation Impact Study (TIS) for the proposed North Street Subdivision in the Town of Tillsonburg, Oxford County. The Tillsonburg District Chamber of Commerce has provided the following comments on the transportation study: The Tillsonburg District Chamber of Commerce would like to suggest further traffic studies are done in this area for the following reasons: 1. This study was done in July and the question is that there is less traffic in that area during July and August as school is out and people are vacationing. This year in particular we are in the middle of a “pandemic” and people were asked not to leave their homes. We are curious how a study done in July compared to Now and not in pandemic mode would look. We appreciate the concern expressed by the Tillsonburg District Chamber of Commerce, and would like to clarify that traffic studies, undertaken during COVID-19 restrictions in Ontario municipalities, include appropriate measures to address reduced roadway traffic volumes in analysing existing traffic conditions. In general, traffic studies during COVID-19 restrictions use traffic counts undertaken within the last two to three years (2017-2019), to analyse base year traffic conditions. Where two-to-three year traffic counts are not available, new traffic counts have been undertaken and adjustments made based on historical trends and/or available recent traffic counts at nearby intersections. Page 57 of 145 Paradigm Transportation Solutions Limited | Page 2 Alternatively, land use information in surrounding areas have been used to confirm base year traffic conditions. It should be noted, however, that development traffic impacts are not assessed under existing (or base Year) traffic conditions, but future traffic conditions. For the subject North Street Subdivision, the impacts due to the proposed 172 (107 single family and 65 multi-family) dwelling units were assessed under future 2025 and 2032 traffic conditions. Future traffic volumes include new traffic generated by the development and growth in road traffic estimated over five years (2025) and ten years (2030) using a reasonably high growth rate of 2% compounded per year. As indicated in the August 2020 TIS, the following five study area intersections were analysed for assessing development traffic impacts: • North Street West (Oxford Road 20) and Broadway (Oxford Road 19); • North Street West and Quarter Town Line; • North Street West and Woodland Crescent/Street A; • North Street West and Brad Avenue/Street A; and • Quarter Town Line and Park Place/Street C. For the above intersections, there are no recent (2017-2019) traffic counts that could have been used as existing or base year traffic conditions. In fact, the only available intersection traffic counts are counts conducted in November 2015 for the North Street and Broadway intersection. Additional available information includes AADT (Average Annual Daily Traffic) traffic counts undertaken in 2016/2017 and 2018/19, on North Street at two locations, east and west of Broadway. AADT volumes represent average traffic in both directions on a given roadway section, over a 24 hour period. Based on hourly traffic variation generally on roadways, the PM (afternoon) peak hour traffic volumes (in both directions) are 10% of the AADT totals. In light of the available traffic information as outlined above, it was necessary to conduct intersection traffic counts for all the study area intersections in 2020, for the purpose of establishing base year traffic conditions and for forecasting and assessing future (2025 and 2030) traffic conditions. It is common practice, in undertaking traffic studies, to avoid traffic counts during the summer months of June, July, and August. However, new traffic counts for the above intersections were undertaken in July 2020 because, in the unusual COVID-19 circumstances, roadway traffic volumes have started to increase after significant reductions during the months of April and May. Also, there was no certainty that there would be full reopening of schools in September 2020, as in other years. Like businesses and other institutions, schools also were Page 58 of 145 Paradigm Transportation Solutions Limited | Page 3 not reopened fully in September 2020. Based on Paradigm’s traffic study in another municipality involving school traffic, school traffic was not restored to the same level in September 2020, as it used to be in previous years. For the purpose of the August 2020 Transportation Impact Study (TIS), the traffic counts obtained in July 2020 were compared to the available intersection traffic counts from November 2015 and AADT data from 2016/17 and 2018/19, and were assessed to be appropriate for use as ‘existing’ or ‘base year’ traffic conditions. As noted earlier, the base year (2020) traffic volumes were increased at 2% (compounded) growth rate over five years (2025), and ten years (2030) to obtain future traffic conditions for assessing traffic impacts due to the proposed development. These projections are reasonably conservative, and as demonstrated in the Transportation Impact Study (TIS) the projected traffic volumes are well within roadway capacities in the study area of the development. Also, as shown in Table 4.4 in the TIS, all study area intersections and movements are forecast to operate at satisfactory levels of service (mostly high levels of service, A or B) during both AM and PM peak hours, under 2030 total traffic conditions. In sum, the assumptions and data used in the August 2020 Transportation Impact Study for the North Street Subdivision in Tillsonburg, are consistent with practices adopted to address reduced roadway traffic volumes during COVID-19 restrictions. In addition, the assessment of development traffic impacts has been undertaken under future traffic conditions based on reasonably conservative traffic projections. Based on these considerations, the August 2020 Transportation Impact Study, its findings, and its conclusions, are adequate for the purpose of assessing development traffic impacts for the subject North Street Subdivision. As well, based on the conclusions of the TIS, the subject development is appropriate to be considered for approval as proposed. We trust that the foregoing addresses your requirements. Please do not hesitate to contact us if you need additional information or clarifications. Yours very truly, PARADIGM TRANSPORTATION SOLUTIONS LIMITED Rajan Philips M.SC, P.Eng. Senior Transportation Consultant Page 59 of 145 AMENDMENT NUMBER 253 TO THE COUNTY OF OXFORD OFFICIAL PLAN The following text and schedules attached hereto, constitute Amendment Number 253 to the County of Oxford Official Plan. Page 60 of 145 1.0 PURPOSE OF THE AMENDMENT The purpose of this amendment is to redesignate a portion of the subject lands from ‘Medium Density Residential’ to ‘Low Density Residential’ to facilitate the development of a residential draft plan of subdivision, consisting of 103 lots for single detached dwellings, and 2 blocks for medium density residential development. 2.0 LOCATION OF LANDS AFFECTED The subject lands are described as Lot 11, Concession 8 (Dereham), in the Town of Tillsonburg. The lands are located on the southwest corner of the intersection of North Street West and Quarter Town Line, and are known municipally as 97 North Street West, Tillsonburg. 3.0 BASIS FOR THE AMENDMENT The subject amendment has been initiated to redesignate a portion of the subject lands to ‘Low Density Residential’ to facilitate the development of a residential draft plan of subdivision, consisting of 103 lots for single detached dwellings, and 2 blocks for medium density residential development. It is the opinion of Council that the proposed amendment is consistent with the relevant policies of the PPS as the proposed draft plan of subdivision is cost-effective, and an efficient land use pattern that minimizes land consumption and servicing costs. The proposed development also contributes to an overall mix of housing types to accommodate current and future residents of the regional market area. The development will also retain and protect the existing archaeological resources that have been found on the subject lands. Council is of the opinion that the subject lands are suitable for low and medium density residential development as the lands are located on, and will have direct access to, an arterial road. The proposed redesignation will provide for an efficient lot fabric, street layout and subdivision design. The site is located on the periphery of an area that is surrounded by existing low density development to the north and east, and planned medium density residential development to the east, with lands to the west being agricultural lands within the Township of South- West Oxford, and lands to the south being institutional uses and recreational uses. It is the opinion of Council that the proposed change to the boundary between the planned low and medium density development is appropriate for the area with respect to the nature, character and scale of existing and planned adjacent uses. Further, it is the opinion of Council that the subject application is consistent with the policies for Low and Medium Density Residential areas within the Town. The Low Density Residential designation is intended for areas to be primarily developed or planned for a variety of low rise, low density housing forms including single-detached dwellings, semi- detached, duplex or converted dwellings, quadraplexes, townhouses and low density cluster development. The Medium Density Residential designation is intended to support low profile multiple unit development, including townhouses, converted dwellings and apartment buildings and although the form of development on these blocks is not known, the provisions of the Medium Density Residential Zone will ensure that the development meets the density targets of the Medium Density Residential Designation. The proposed Page 61 of 145 subdivision development is considered to be a compatible form of development with the surrounding and planned development in the area and the future development of the medium density blocks will be subject to site plan approval to ensure all development matters are satisfactorily addressed. In light of the foregoing, Council is satisfied that the proposal is consistent with the policies of the Provincial Policy Statement and is in-keeping with the strategic initiatives and objectives of the County Official Plan. 4.0 DETAILS OF THE AMENDMENT 4.1 That Schedule “T-2” – Town of Tillsonburg Residential Density Plan, is hereby amended by designating those lands identified as “ITEM 1” on Schedule “A” attached hereto as “Low Density Residential”. 5.0 IMPLEMENTATION This Official Plan Amendment shall be implemented in accordance with the implementation policies of the Official Plan. 6.0 INTERPRETATION This Official Plan Amendment shall be interpreted in accordance with the interpretation policies of the Official Plan. Page 62 of 145 Report No: CP 2021-12 COMMUNITY PLANNING Council Date: January 19, 2021 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community Planning Applications for Official Plan Amendment & Zone Change OP 20-13-7 & ZN 7-20-14 – Escalade Property Corporation & 1822094 Ontario Inc. REPORT HIGHLIGHTS  The intent of the Official Plan Amendment is to redesignate the subject lands from ‘Service Commercial’ to ‘High Density Residential’ to facilitate the development of two 5 storey apartment buildings, each consisting of 49 apartment dwelling units.  The application for Zone Change proposes to rezone the lands from ‘Service Commercial Holding Zone (SC-H)’ to ‘Special High Density Residential Zone (RH-5)’ to facilitate the proposed development and to provide site specific zoning provisions to permit a reduced interior side yard width between the two buildings, and to provide for a parking area to be within an exterior side yard for the southerly building.  The proposal is consistent with the relevant policies of the Provincial Policy Statement and is in-keeping with the strategic initiatives and objectives of the County Official Plan and can be supported from a planning perspective. DISCUSSION Background OWNERS: 1822094 Ontario Inc & Escalade Property Corporation Box 37, Lambeth ON, N6P 1P9 AGENT: Barbara Rosser, MCIP RPP Box 96, 4688 Elginfield Road, Alisa Craig ON, N0M 1A0 LOCATION: The subject lands are described as Part of Lots 293, 341, 423-426, Lots 420-422, Plan 500, in the Town of Tillsonburg. The lands are located on the east side of King Street, north side of First Street, and west side of Tillson Avenue, and are municipally known as 98 King Street and 143 Tillson Avenue, Tillsonburg. Page 63 of 145 Report No: CP 2021-12 COMMUNITY PLANNING Council Date: January 19, 2021 Page 2 of 10 COUNTY OF OXFORD OFFICIAL PLAN: Existing: Schedule ‘T-1’ Town of Tillsonburg Land Use Plan Service Commercial Proposed: Schedule ‘T-1’ Town of Tillsonburg Land Use Plan Residential Schedule ‘T-2’ Town of Tillsonburg High Density Residential Residential Density Plan TOWN OF TILLSONBURG ZONING BY-LAW 3295: Existing Zoning: Service Commercial Holding Zone (SC-H) Proposed Zoning: Special High Density Residential Zone (RH-5) PROPOSAL: Applications have been received by the County of Oxford and the Town of Tillsonburg for amendments to the Official Plan and Zoning By-law to redesignate and rezone the subject lands to facilitate the development of two 5-storey apartment buildings, each consisting of 49 apartment dwelling units. Each building is proposed to contain 38 two bedroom apartment units, and 11 one bedroom apartment units. The following studies/reports were provided in support of the proposal:  Planning Justification Report prepared by Barbara Rosser, MCIP RPP;  Environmental Noise and Vibration Assessment Report prepared by Strik Baldinelli Moniz;  Train Vibration Study prepared by OZA Inspections Limited;  Servicing Feasibility Study, prepared by Strik Baldinelli Moniz;  Traffic Impact Study prepared by Strik Baldinelli Moniz;  Solar Shadow Impact Study prepared by Strik Baldinelli Moniz;  Phase 1 & 2 Environmental Site Assessment prepared by EXP Services Inc. The subject lands have a total area of 1.1 ha (2.6 ac), and are currently vacant. Surrounding uses include a medium density townhouse condominium development to the west, a daycare use to the north, a service commercial plaza to the north, and service commercial uses fronting on Tillson Avenue to the west. Vacant service commercial lands are to the south, with single detached dwellings to the northeast and southeast beyond the service commercial uses. The CPR Railway is adjacent to the subject lands on the north. For Council’s information, the applicant submitted two applications for consent (B20-51-7 & B20- 52-7) that proposed minor boundary adjustments to create a more regular interior lot line between the two proposed buildings. The applications were approved by the County Land Division Committee at their meeting of December 3, 2020. Page 64 of 145 Report No: CP 2021-12 COMMUNITY PLANNING Council Date: January 19, 2021 Page 3 of 10 Plate 1, Location Map with Existing Zoning, indicates the location of the subject site and the existing zoning in the immediate vicinity. Plate 2, 2015 Aerial Map, provides an aerial view of the subject property and surrounding area. Plate 3, Applicant’s Proposed Site Plan, provides the layout of the proposed buildings, parking and access. Plate 4, Main Floor Plan, provides the layout of the main floor of the proposed building. Plate 5, Typical Floor Plan, provides the layout of the floors 2-5 of the proposed building. Plate 6, South Elevation, depicts the appearance of the proposed building from the south. Plate 7, North Elevation, depicts the appearance of the proposed building from the north. Plate 8, East & West Elevations, depicts the appearance of the proposed building from the east and west. Application Review PROVINCIAL POLICY STATEMENT The policies of Section 1.1 of the Provincial Policy Statement direct that sufficient land shall be made available to accommodate an appropriate range and mix of land uses to meet projected needs for the planning period. Within settlement areas, sufficient land shall be made available through intensification and redevelopment and, if necessary, designated growth areas. The policies of Section 1.1.3 state that settlement areas shall be the focus of growth and development, and their vitality and regeneration shall be promoted. Section 1.1.3.3 states that planning authorities shall identify appropriate locations and promote opportunities for intensification and redevelopment where this can be accommodated taking into account existing building stock or areas, including brownfield sites, and the availability of suitable existing or planned infrastructure and public service facilities required to accommodate projected needs. The policies of Section 1.1.3.6 state that new development taking place in designated growth areas should occur adjacent to the existing built-up area and shall have a compact form, mix of uses and densities that allow for the efficient use of land, infrastructure and public service facilities. Further, Section 1.4.3 states that planning authorities shall provide for an appropriate range and mix of housing types and densities to meet projected requirements of current and future residents of the regional market area by:  Establishing and implementing minimum targets for the provision of housing which is affordable to low and moderate income households;  Permitting and facilitating all forms of housing required to meet the social, health and well- being requirements of current and future residents; Page 65 of 145 Report No: CP 2021-12 COMMUNITY PLANNING Council Date: January 19, 2021 Page 4 of 10  Directing the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are or will be available to support current and projected needs;  Promoting densities for new housing which efficiently use land, resources, infrastructure and public service facilities, and support the use of active transportation and transit in areas where it exists or is to be developed; and  Establishing development standards for residential intensification, redevelopment and new residential development which minimize the cost of housing and facilitate compact form, while maintaining appropriate levels of public health and safety. OFFICIAL PLAN The subject lands are designated ‘Service Commercial’ as per Schedule ‘T-1’ of the Official Plan. Areas designated for Service Commercial use are intended to provide for a broad range of commercial uses that, for the most part, are not suited to locations within the Central Area because of their site area, access or exposure requirements or due to incompatibility or land use conflicts with residential development. Generally, Service Commercial uses cater to vehicular traffic and single-purpose shopping trips where customers are typically generated from passing traffic or a wide ranging market area. Service Commercial uses will have access to an arterial or collector road. As noted, the applicant proposes to re-designate the subject lands to ‘Residential’ & ‘High Density Residential’ to permit the development of two apartment buildings, each consisting of 49 dwelling units. High Density Residential Areas are those lands primarily developed or planned for a limited range of intensive large-scale, multiple unit forms of residential development. Unless there are specific site or area characteristics which favour higher limits, net residential densities will normally not exceed 111 units per hectare (45 units per acre). Under no circumstance will development within a High Density Residential area be less than 63 units per hectare (26 units per acre) net residential density. The proposed net residential density of the development is 92 units per hectare (37 units per acre) for the northerly property (98 King Street), and 94 units per hectare (39 units per acre) for the southerly property (143 Tillson Avenue). In addition to the requirement for compliance with the locational policies, when considering proposals to designate lands for high density residential development, Town Council and County Council will be guided by the following:  Sites which abut arterial or collector roads or will have direct access to the arterial or collector road;  On vacant or under-utilized sites adjacent to development which is already built at medium or high densities;  Close to shopping, recreation, cultural and community facilities;  Within or near the periphery of the Central Area in accordance with the policies of Section 8.3.4. Page 66 of 145 Report No: CP 2021-12 COMMUNITY PLANNING Council Date: January 19, 2021 Page 5 of 10 Any lands proposed for high density residential development will require an amendment to the Official Plan. In addition to the locational policies identified, when considering proposals to designate lands for High Density Residential development, Town and County Councils will be guided by the following site specific criteria:  The size, configuration and topography of the site is such that there is sufficient flexibility for site design to mitigate adverse effects on the amenities and character of any adjacent residential development through adequate setbacks, buffering and screening;  The development results in a gradual transition from low profile residential buildings to higher profile residential buildings and vice versa;  The location of vehicular access points and the likely effects of traffic generated by the proposal on public streets have been assessed and are acceptable;  Adequate hard service capacity including water distribution, sanitary and storm sewers, power and gas distribution facilities is available or will be available to accommodate the proposed development;  Adequate off-street parking and outdoor amenity areas can be provided;  The effect of the proposed development on environmental resources or the effect of environmental constraints on the proposed development will be address and mitigated as outlined in Section 3.2. All proposals for high density residential development shall be subject to site plan control. When considering any specific proposal for high density residential development, Town Council will be satisfied that the criteria of Section 8.2.7 are adequately addressed. ZONING BY-LAW The subject lands are currently zoned ‘Service Commercial Holding Zone (SC-H)’, which permits existing uses and buildings. The purpose of the Holding Provision in this instance is to ensure that orderly development of land identified by the Ministry of the Environment as contaminated lands is remediated in accordance with site hydrogeological studies, site investigations, and remediation plans, and/or a Record of Site Condition, is filed against the title of the subject property. Removal of the “H” symbol will occur once Ministry of the Environment approvals are received, and the owner of the subject land and the Town of Tillsonburg has entered into a Site Plan Agreement consistent with Section 41 of the Planning Act. The applicant proposes to rezone the subject lands to ‘Special High Density Residential Zone (RH-5)’ permit two 5 storey apartment buildings, each containing 49 dwelling units. Special provisions have been requested to permit a reduced interior side yard width of 6.5 m (21.3 ft) in lieu of the required 10.5 m (32.8 ft) between the proposed apartment buildings and the shared interior lot line. Special provisions are also sought to permit parking within the exterior side yard, and to recognize King Street as the front lot line for the northerly lot, and Tillson Avenue as the front lot line for the southerly lot. Based on the applicant’s proposed site plan, the proposal appears to comply with the other relevant provisions of the RH zone. The applicant’s proposed site plan also provides all required parking for the 49 apartment dwelling units on each lot. Page 67 of 145 Report No: CP 2021-12 COMMUNITY PLANNING Council Date: January 19, 2021 Page 6 of 10 AGENCY COMMENTS The applications were reviewed by a number of public agencies. The following comments were received. The Town of Tillsonburg Building Services Department indicated that a Record of Site Condition should be provided prior to passing of the zoning amendment, and that site specific development comments will be reviewed and provided through the site plan process. Town Engineering Services Department indicated that the project will be subject to site plan control where matters such as lot grading, drainage and storm water management will be reviewed. The Town Director of Recreation, Culture and Parks indicated that cash in lieu of parkland will be required at time of site plan approval. Oxford County Public Works Department indicated that they had no comment respecting the applications for Official Plan amendment and zone change. Comments respecting water and wastewater servicing and waste collection will be provided upon review of the required site plan application. Tillsonburg Fire & Rescue Services indicated they had no comment respecting the applications. The Tillsonburg District Chamber of Commerce indicated that they are in support of the application and appreciate the continued development of apartment style units in Tillsonburg. They suggest that the parking lots be interconnected between the buildings to assist with street traffic flow and to allow for less confusion/faster response times for emergency services, food delivery, etc. The Town Development Commissioner provided the following comments: The proposed developments will provide an additional 98 rental units to the Tillsonburg rental market, which will be a significant increase in the supply of rental housing and support greater choice in the market while contributing to population growth in the Town. As of the latest rental market statistics, Tillsonburg is estimated to have a vacancy rate of 1%, which is among the lowest in the Province. The addition of 98 units will increase the existing supply by approximately 11% (existing base of 896 rental units)! Considering the low vacancy rates and the significant increase in supply, this project will have a significant impact and benefit to the community. It is important to recognize that the existing CP Rail owned (OSR operated) spur line is currently operating and is anticipated to continuing to operate for the foreseeable future. While the Train Vibration Study indicated no concerns, I do agree with the inclusion of the suggested text in the planning approvals. Rail service is critical to Tillsonburg. In terms of the change in use from commercial to residential, this is a concern as there is limited commercial lands of any type available for development in Tillsonburg with only a handful of existing sites. This change will further reduce the number of available commercial development sites. However, based on the critical need for housing in our community along with the low vacancy rates, I support the redesignation and rezoning of these two properties. Further, the potential for significant impacts to commercial/retail space demand due to the ongoing impacts of the pandemic suggests that demand for commercial development sites will be reduced in the Page 68 of 145 Report No: CP 2021-12 COMMUNITY PLANNING Council Date: January 19, 2021 Page 7 of 10 short term. I note that the supply of commercially zoned lands remains a concern in the medium to long term planning horizons as has been noted multiple times in the recent past. Canada Post provided the following comments: Canada Post has reviewed the proposal for the above noted Development Application and has determined that the project adheres to the multi-unit policy and will be serviced by internal Lock Box Assembly which is to be provided by, installed and maintained by the developer/owner at the owner’s expense. PUBLIC CONSULTATION Notice of complete application was provided to surrounding neighbours on October 1, 2020, and notice of public meeting was issued on January 5, 2021, in accordance with the requirements of the Planning Act. At the time of writing this report, no comments have been received from surrounding property owners. Planning Analysis The applicant proposes to redesignate the subject lands to ‘High Density Residential’ to facilitate the development of two 5-storey apartment buildings, each consisting of 49 apartment dwelling units. Additionally, the applicant is proposing site-specific High Density zoning for the subject lands to permit a reduced interior side yard width for the two buildings, and to permit parking within the exterior side yard, and to define the front lot line for each building. It is the opinion of staff that the proposed amendments are consistent with the relevant policies of the PPS as the proposed development is compact, cost-effective, and an efficient land use pattern that minimizes land consumption and servicing costs. The proposed development also contributes to an overall mix of housing types to accommodate current and future residents of the regional market area and will provide an additional market-based rental housing option in the Town of Tillsonburg. The proposal also represents an efficient use of existing brownfield lands. The applicant proposes to re-designate the site from ‘Service Commercial’ to ‘High Density Residential’. With respect to the supply and demand for residential land, the Phase One Comprehensive Review completed by Hemson Consulting Limited (March 2020) indicates that over the 20 year planning period from 2019-2039 the Town of Tillsonburg is expected to have a potential surplus of 66 ha of vacant residential land, representing an estimated 1462 residential units. Although sufficient residential land is available within the Town, other vacant areas identified for high density residential use (being areas on Cranberry Road at the northern Town limit and areas fronting on the south side of Concession Street West at the western Town limit) do not currently have adequate servicing in place to support the high density residential development. Given this, planning staff are satisfied that the proposed re-designation is appropriate and this proposal will contribute to increasing the supply to satisfy the current demand for High Density residential development. The subject proposal also represents an appropriate residential intensification in accordance with Section 8.2.2.5 of the Official Plan as the proposal will redevelop an existing brownfield site that has remained vacant since the 1970s for residential intensification, and will make efficient use of existing municipal services and is an appropriate use of an underutilized site. Page 69 of 145 Report No: CP 2021-12 COMMUNITY PLANNING Council Date: January 19, 2021 Page 8 of 10 Planning staff are of the opinion that the subject lands are suitable for high density residential development as the lands have frontage on Tillson Avenue, an arterial road that is capable of accommodating the expected additional traffic. While access to the site will be via local streets rather than directly from an arterial road, direct entrances on Tillson Avenue were deemed undesirable due to potential sight line issues with the railway crossing on Tillson Avenue. The proposed access from local streets is appropriate in this instance as the traffic from the proposed development will not be directed through low density residential areas and the distance from Tillson Ave is minimal. In support of the application, the applicant provided a traffic impact study which concluded that the existing conditions on Tillson Avenue can accommodate the expected development without any required road improvements. Oxford County Public Works have indicated that they are satisfied with the findings of the Traffic Impact Study. The site is located on the periphery of an area that is surrounded medium density residential development to the west, with institutional and service commercial uses to the north, east, and south. Due to the mix of uses in the area, it is the opinion of staff that the proposed development is appropriate for the area with respect to the nature, character and scale of adjacent uses. The existing and permitted service commercial uses in the vicinity are compatible with the proposed high density residential use. The applicant has provided a Solar Shadow Study in support of the applications, to demonstrate what the expected solar shadow impact will be with the proposed apartment buildings. Although the Oxford County Official Plan does not have specific requirements or criteria for the review of shadow impact studies, by using the criteria for similar types of studies required in other jurisdictions (City of Waterloo Shadow Study Guidelines), planning staff can support the findings of the study as the shadowing appears to be in-keeping with that considered acceptable for this type of development. The study concluded that minimal impacts are expected to residential properties to the north east beyond the commercial uses on Tillson Ave, and no residential properties are anticipated to have any shading on more than 50% of their property for more than 2 hours. The peak shadow impact is expected to be present during the winter solstice (Dec 21) from 4pm-sunset (approximately 4:50 pm). The predicted shadow impacts are within the acceptable limits of the City of Waterloo Shadow Study Guidelines that planning staff have used to assess the impact of the development on existing low density residential development. With respect to the former service commercial uses of the subject lands, the applicant has provided Environmental Site Investigation reports and noise and vibration assessments to demonstrate that any potential contamination has been remediated, and that the presence of the adjacent railway will not negatively impact the planned residential use of the lands. The Noise Study concluded that the outdoor amenity areas and indoor living areas will marginally exceed the maximum sound limits, and as a result, warning clauses are required to be registered on title and the construction of the buildings, particularly the building closest to the railway lands will require the use of building components with noise isolation. For the north and east walls, masonry construction will be required within the installation of double glazed windows, with provision for air conditioning. The implementation of the recommended mitigation measures will be completed through the site plan agreement process, with the requirement for an acoustical engineer to certify that the recommended measures have been implemented. The applicant intends to submit the completed studies for a Record of Site Condition once the related consent applications have been completed and the revised property boundaries have been established. Page 70 of 145 Report No: CP 2021-12 COMMUNITY PLANNING Council Date: January 19, 2021 Page 9 of 10 It is the opinion of this office that the subject application is consistent with the policies for High Density Residential areas within the Town. The High Density Residential designation is intended for intensive large-scale, multiple unit forms of residential development. The proposed apartment buildings are considered to be a compatible form of development with the surrounding and planned development in the area as the subject site is bounded by 3 streets and the railway right of way and limited impacts are expected to adjacent properties. Further to this, staff are satisfied that the proposed number of units is also consistent with the high density designation requirements. The site can provide the required off-street parking and is located in an area where services and amenities such as schools, leisure facilities, shopping and parks are within a reasonable distance and adequate municipal services are available to service the site. With respect to the applicant’s request for site specific zoning to permit the apartment buildings to have a reduced interior side yard width, staff are of the opinion that the reducing the required interior side yard from 10.5 m (32.8 ft) to 6.5 m (21.3 ft) is appropriate as the reduced setback will be to a common interior lot line and will not impact any other properties. The request to identify King Street as the front lot line for the northerly parcel and Tillson Avenue for the southerly parcel will aid in the interpretation of zoning provisions, and will create a more effective site layout compliant with the zoning provisions. The request to permit parking within the exterior side yard is considered appropriate as the parking area will remain 5.5 m (18 ft) from the exterior lot line and will not create any sightline issues and will continue to provide ample opportunity for landscaping. All of the other relevant zoning provisions with respect to setbacks, amenity space, building height, landscape open space, lot coverage and parking are in compliance with the Town’s zoning provisions. The proposed residential development will be subject to the site plan approval process by the Town of Tillsonburg. Through this review process matters such as lighting, parking, accessibility, grading, stormwater management, landscaping, privacy screening and garbage collection will be addressed. In light of the foregoing, Planning staff are satisfied that the proposal is consistent with the policies of the Provincial Policy Statement and is in-keeping with the strategic initiatives and objectives of the County Official Plan. As such, staff are satisfied that the applications can be given favourable consideration. Page 71 of 145 Report No: CP 2021-12 COMMUNITY PLANNING Council Date: January 19, 2021 Page 10 of 10 RECOMMENDATIONS 1. That the Council of the Town of Tillsonburg support the application to amend the County Official Plan (File No. OP 20-13-7), submitted by 1822094 Ontario Inc & Escalade Property Corporation, for lands legally described as Part of Lots 293, 341, 423-426, Lots 420-422, Plan 500, in the Town of Tillsonburg, to redesignate the subject lands from ‘Service Commercial’ to ‘High Density Residential’, to facilitate the development of two 5-storey, 49 unit apartment buildings on the said lands; and 2. That the Council of the Town of Tillsonburg approve in principle the zone change application (File No. ZN 7-20-14) submitted by 1822094 Ontario Inc & Escalade Property Corporation, for lands legally described Part of Lots 293, 341, 423-426, Lots 420-422, Plan 500, in the Town of Tillsonburg, to rezone the lands from ‘Service Commercial Holding Zone (SC-H)’ to ‘Special High Density Residential Zone (RH-5)’ to facilitate the development of two 5-storey, 49 unit apartment buildings on the subject lands. SIGNATURES Authored by: Original signed by Eric Gilbert, RPP, MCIP Senior Planner Approved for Submission: Original signed by Gordon K. Hough, RPP Director Page 72 of 145 September 29, 2020 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 1020 Notes NAD_1983_UTM_Zone_17N 51 Meters Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) Plate 1: Location Map with Existing Zoning File Nos. OP 20-13-7 & ZN 7-20-14 - 1822094 Ontario Inc. & Escalade Property Corp. Part of Lot 341, 293, 426-426, Lots 420-422, Plan 500, Town of Tillsonburg- 98 King Street & 143 Tillson Avenue, Tillsonburg Subject Property Page 73 of 145 September 29, 2020 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 510 Notes NAD_1983_UTM_Zone_17N 26 Meters Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) Plate 2: 2015 Aerial Map File Nos. OP 20-13-7 & ZN 7-20-14 - 1822094 Ontario Inc. & Escalade Property Corp. Part of Lot 341, 293, 426-426, Lots 420-422, Plan 500, Town of Tillsonburg- 98 King Street & 143 Tillson Avenue, Tillsonburg Subject Property Tillson Avenue King Street Pine Street First Street Page 74 of 145 AMENDMENT NUMBER 252 TO THE COUNTY OF OXFORD OFFICIAL PLAN The following text and schedules attached hereto, constitute Amendment Number 252 to the County of Oxford Official Plan. Page 81 of 145 1.0 PURPOSE OF THE AMENDMENT The purpose of this amendment is to redesignate the subject lands from ‘Service Commercial’ to ‘High Density Residential’ to facilitate the development of two five storey apartment buildings, each consisting of 49 apartment dwelling units. 2.0 LOCATION OF LANDS AFFECTED This amendment applies to two properties described as Part of Lots 293, 341, 423-426, Lots 420-422, Plan 500, in the Town of Tillsonburg. The lands are located on the east side of King Street, north side of First Street, and west side of Tillson Avenue, and are municipally known as 98 King Street and 143 Tillson Avenue, Tillsonburg. 3.0 BASIS FOR THE AMENDMENT The subject amendment has been initiated to redesignate the subject lands to ‘High Density Residential’ to facilitate the development of two five storey apartment buildings, each consisting of 49 apartment dwelling units. It is the opinion of Council that the proposed amendment is consistent with the relevant policies of the PPS as the proposed development is compact, cost-effective, and an efficient land use pattern that minimizes land consumption and servicing costs. The proposed development also contributes to an overall mix of housing types to accommodate current and future residents of the regional market area and will provide an additional market-based housing option in the Town of Tillsonburg. Council is of the opinion that the subject lands are suitable for high density residential development as the lands have frontage on Tillson Avenue, an arterial road that is capable of accommodating the expected additional traffic. The primary entrances for the development are proposed from King Street and First Street due to potential sight line issues with the railway crossing on Tillson Avenue. A traffic impact study concluded that the existing conditions on Tillson Avenue can accommodate the expected development without any required road improvements. The site is located on the periphery of an area that is surrounded medium density residential development to the west, with service commercial uses to the north, east, and south. Due to the mix of uses in the area, it is the opinion of Council that the proposed development is appropriate for the area with respect to the nature, character and scale of adjacent uses. The existing and permitted service commercial uses in the vicinity are considered compatible with the proposed high density residential use. It is the opinion of Council that the subject application is consistent with the policies for High Density Residential areas within the Town. The High Density Residential designation is intended for intensive large-scale, multiple unit forms of residential development. The proposed apartment buildings are considered to be a compatible form of development with the surrounding and planned development in the area as the subject site is bounded by 3 streets and the railway right of way and limited impacts are expected to adjacent properties. Further to this, Council is satisfied that the proposed number of units is also consistent with the high density designation requirements. Page 82 of 145 The site can provide adequate off-street parking and is located in an area where services and amenities such as schools, leisure facilities, shopping and parks are within a reasonable distance. Adequate municipal services are available to the site. In light of the foregoing, Council is satisfied that the proposal is consistent with the policies of the Provincial Policy Statement and is in-keeping with the strategic initiatives and objectives of the County Official Plan. 4.0 DETAILS OF THE AMENDMENT 4.1 That Schedule “T-1” – Town of Tillsonburg Residential Density Plan, is hereby amended by designating those lands identified as “ITEM 1” on Schedule “A” attached hereto as “Residential”. 4.2 That Schedule “T-2” – Town of Tillsonburg Residential Density Plan, is hereby amended by designating those lands identified as “ITEM 1” on Schedule “A” attached hereto as “High Density Residential”. 5.0 IMPLEMENTATION This Official Plan Amendment shall be implemented in accordance with the implementation policies of the Official Plan. 6.0 INTERPRETATION This Official Plan Amendment shall be interpreted in accordance with the interpretation policies of the Official Plan. Page 83 of 145 CANADIANPACIFICRAILWAYLISGARAVETILLSON AVECONCESSION ST E SECOND ST THIRD ST MAPLE C R T FOURTH ST FIRST STFRANK STDELEVANCRES L I SGARCRT MAPLE LANEKING STQUEEN STPINE ST PEARL ST JOSEPH ST 9953 SCHEDULE "A" AMENDMENT No. 252 TO THE COUNTY OF OXFORD OFFICIAL PLAN SCHEDULE "T-1" TOWN OF TILLSONBURG LAND USE PLAN - AREA OF THIS AMENDMENT ITEM 1 - CHANGE FROM SERVICE COMMERCIAL TO RESIDENTIAL LAND USE PLAN LEGEND RESIDENTIAL SERVICE COMMERCIAL COMMUNITY FACILITY INDUSTRIAL OPEN SPACE FLOODLINE ITE M 1 0 40 80 120 160 20020 Meters Page 84 of 145 CANADIANPACIFICRAILWAYLISGAR AVETILLSON AVECONCESSION ST E SECOND ST THIRD ST MAPLE C R T FOURTH ST FIRST STFRANK STDELEVANCRES L I SGARCR T MAPLE LANEKING STQUEEN STPINE ST PEARL ST JOSEPH ST 9953 SCHEDULE "A" AMENDMENT No. 252 TO THE COUNTY OF OXFORD OFFICIAL PLAN SCHEDULE "T-2" TOWN OF TILLSONBURG RESIDENTIAL DENSITY PLAN 0 200100 Metres - AREA OF THIS AMENDMENT ITEM 1 - ADD TO HIGH DENSITY RESIDENTIAL RESIDENTIAL DENSITY PLAN LEGEND LOW DENSITY RESIDENTIAL MEDIUM DENSITY RESIDENTIAL HIGH DENSITY RESIDENTIAL OPEN SPACE IT E M 1 Page 85 of 145 FOR OFFICE USE ONLY DATE PRESCRIBED INFORMATION COMPLETE PIN REV. DEC 2018 PO Box 1614 FILE NO. Woodstock ON N4S 7Y3 Tel: (519) 539-9800 DATE RECEIVED: Fax: (519) 421-4712 website: www.oxfordcounty.ca COUNTY OF OXFORD APPLICATION FOR AN AMENDMENT TO THE OFFICIAL PLAN SECTION ONE - GENERAL INFORMATION 1.Applicant: a)Name Telephone: Address Cell Phone: Fax No. Postal Code: Email Address: b)Applicant’s Interest in Subject Land: __ Registered Owner __ Agreement of Purchase and Sale (attach copy) __ Mortgage __ Other (specify) 2.Registered Owner: (if other than applicant) Name Telephone: Address Cell Phone: Fax No. Postal Code: Email Address: 3.Solicitor or Agent: (if any) Name Telephone: Address Cell Phone: Fax No. Postal Code: Email Address: 4.Location of Subject Land: Lot Number(s) Concession / Plan No. Part Number(s) Reference Plan No. Municipality Former Municipality Street/911 Civic Address The subject land is located on the side of the Street, lying between Street and Street. OP 20-13-7 Sept. 4/20 000280207 & 0040 1822094 Ontario Inc, Escalade Property Corporation Box 37, Lambeth ON 519-203-5170 jlchomesltd@yahoo.caN6P 1P9 Barbara G. Rosser, MCIP RPP 519-293-3210 519-293-3945 519-293-3945 Box 96, 4688 Elginfield Road, Ailsa Craig, ON N0M 1A0 brosser@execulink.com 98 King Street, and 143 Tillson Avenue,Tillsonburg, ON Town of Tillsonburg east Third Judge's Plan reg as Plan No. 745/Plan 500 Village of Norwich First Lot 420-422, Part Lots 423-426 Part of Lot 341, 293, Part of Lot 341 Page 86 of 145 COUNTY OF OXFORD – APPLICATION FOR OFFICIAL PLAN AMENDMENT PAGE 2 SECTION TWO - OFFICIAL PLAN INFORMATION (Complete sections only where applicable) 5.Purpose of requested Amendment: 6.Is the application consistent with the Provincial Policy Statement, 2014, as amended? (see Item No. 9 in the application guide) Yes No 7.Is this a request for an Amendment to a Schedule(s) of the Official Plan: (yes/no) If yes, complete the following: SCHEDULE (E.G. C-3) TITLE DESIGNATION OF SITE USES PERMITTED Existing: Proposed: 8.Is this a request for an Amendment to the text of the Official Plan:(yes/no) If yes, complete the following: a)Chapter, Section and Subsection title b)Is this section / subsection to be: Changed _____ Replaced _____ Deleted _____ c)If changed/replaced, proposed text of Amendment SECTION THREE – DESCRIPTION OF DEVELOPMENT (If specific development is proposed, complete the following) 9.Present Use of Subject Land: 10.Description of Existing Building(s) or Structure(s) on Subject Land: (Date of construction, present use) 11.Proposed Use of Subject Land: (Description of Applicant’s Proposal) 12.Proposed Buildings or Structures associated with the Proposed Land Use: (include information regarding alteration to or demolition of existing buildings or structures) Yes No vacant none high density residential development two 5 storey, 49 unit apartment buildings (see preliminary site plan, preliminary building elevations and floor plan) 38 two bedroom units, 11 one bedroom units per building "T-1"Town of Tillsonburg Land Use Plan Service Commercial "T-2"Town of Tillsonburg Residential Density N.A. per 8.3.3. Town of Tillsonburg Land Use Policies "T-1" Town of Tillsonburg Land Use Plan Residential "T-2"Town of Tillsonburg Residential Density High Density Residential per 8.2 Town of Tillsonburg Land Use Policies N.A. per 8.2.6 Town of Tillsonburg Land Use Policies to amend the designation of the subject properties from Service Commercial to Residential and to indicate the lands as High Density Residential Page 87 of 145 COUNTY OF OXFORD – APPLICATION FOR OFFICIAL PLAN AMENDMENT PAGE 3 13.For proposed Residential development, specify: a)Gross or Net Density/Hectare b)No. of Units Type of Units 14.For proposed Commercial, Industrial, Institutional or Recreational development, specify: a)Gross Floor Area (by type of uses) b)Proposed Uses SECTION FOUR – SITE INFORMATION AND SERVICES 15.Dimensions of Subject Land: (in metric units) a)Area b) Frontage c) Depth 16.Access to Subject Land: ____ Provincial Highway ____ Unopened Road Allowance ____ County Road ____ Private Right-of-Way ____ Municipal Road ____ Other (specify) 17.Adjacent Land Uses: (Indicate nature of adjacent land uses) 18.Services: MUNICIPAL W ATER MUNICIPAL SEWER PRIVATE W ATER PRIVATE SEWER** CONNECTED (YES/NO) TYPE (INDIVIDUAL/COMMUNAL) Municipal Storm Sewers ____ Municipal Drain ____ (Please check one) **Note: If the requested amendment involves development on a privately owned and operated individual or communal septic system and more than 4500 litres per day of effluent will be produced as a result of the completed proposal, the applicant must submit a servicing options report and a hydrogeological report. SECTION FIVE - ZONING BY-LAW 19.Municipal Zoning By-Law Number: Existing Zoning of Subject Land 20.Has an application for Zone Change been filed?Yes ____No _____ If yes, describe the proposed zoning of the subject land 49 per building 91.98 units per hectare (98 King St); 93.81 units per hectare (143 Tillson Ave) apartment dwelling units 10550.334 m2 +/- 98 m s/s north: private day care and commercial, east: railway line and commercial (east side Tillson Avenue), south: vacant and single detached residential, west: medium density townhouse condominium Town of Tillsonburg Zoning By-law No. 3295, as amended HIGH DENSITY RESIDENTIAL ZONE (RH-__) No No yesyes SERVICE COMMERCIAL ZONE (SC(H)) * subject to proposed severance* Total Tillson Avenue King Street Total +/- 120 m w/s, 77 m e/s * subject to proposed severance * Page 88 of 145 COUNTY OF OXFORD – APPLICATION FOR OFFICIAL PLAN AMENDMENT PAGE 4 SECTION SIX – OTHER INFORMATION 21.If the subject land, or any land within 120 meters of it, is the subject of an application by the applicant for a minor variance, a consent or consent and minor variance, an amendment to the Official Plan, a zoning by-law amendment, a Minister’s zoning order, or approval of a plan of subdivision or site plan, please provide the file number, the name of the approval authority considering it, the land it affects, its purpose, its status, and its effect on the requested amendment. 22.If the requested amendment proposes to alter all or any part of the boundary of a designated settlement area or proposes to establish a new settlement area, please provide the current section containing policies of the Official Plan dealing with the alteration or establishment of a designated settlement area. 23. If the requested amendment proposes to remove the subject land from an area of employment, please provide the relevant section of the Official Plan dealing with the removal of land from an area of employment. Dated this day of 20 . SIGNATURE OF APPLICANT If the applicant is not the owner of the land that is the subject of this application, the written authorization of the owner that the applicant is authorized to make the application must be included with this form or the authorization set out below must be completed. AUTHORIZATION OF OWNER(S) FOR AGENT TO MAKE THE APPLICATION I / We, am/are the owner(s) of the land that is the subject of this application for Official Plan amendment. I / We authorize , to make this application on my / our behalf. Date Signature of Owner(s) Signature of Owner(s) 1822094 Ontario Inc, Barbara G. Rosser applications for land severance submitted concurrently in accordance with preliminary site plan N/A N/A 20 Jonathan Leahy, I have the authority to bind the Corporations Inc. I have the authority to bind the Corporations Jonathan Leahy Escalade Property Corporation 25 August 25 August 2020 Page 89 of 145 Page 90 of 145 www.sbmltd.ca P-XX-XXX SHADOW IMPACT STUDY REV 1 5 PROPOSED 5 STOREY BUILDING S 9 8 KING ST. & 143 TILLSON AVE., TILLSONBURG , ONTARIO Page 91 of 145 Strik, Baldinelli, Moniz Ltd. CIVIL STRUCTURAL MECHANICAL ELECTRICAL 1599 Adelaide Street N. Unit 301 London, Ont, N5X 4E8 P: 519.471.6667 L O N D O N L O C AT I O N w w w .s b m l t d .c a s b m @ s b m l t d .c a 1415 Huron Rd. Unit 225 Kitchener, Ont, N2R 0L3 P: 519.725.8093 K I T C H E N E R L O C AT I O N Town of Tillsonburg October 22, 2020 10 Lisgar Ave. SBM-19-1269 Tillsonburg, Ontario N4G 5A5 Attn: Eric Gilbert Re: Shadow Impact Study 98 King Street & 143 Tillson Ave., Tillsonburg, ON Mr. Gilbert Strik, Baldinelli, Moniz Ltd, on behalf of JLC Homes & Escalade Properties has prepared the following Shadow Impact Study, in support of zoning amendments in accordance with the submitted Site Plan application. 1 BUILDING DESCRIPTION (98 KING ST.) • 5 Storey (49 Unit) Apartment Building • 991m2 Building Area • ~51m x 20m Building Footprint 2 BUILDING DESCRIPTION (143 TILLSON AVE.) • 5 Storey (49 Unit) Apartment Building • 991m2 Building Area • ~51m x 20m Building Footprint 3 PROJECT OVERVIEW Our understanding is the Town of Tillsonburg does not have formal Shadow Impact Study guidelines in place. As a result, Strik, Baldinelli, Moniz Ltd. (SBM) has employed the City of Waterloo Shadow Study guidelines as the basis for this report. The City of Waterloo’s guidelines have been widely accepted in many other municipalities, including The City of London, The City of St. Thomas, and The Municipality of Central Elgin. As per the City of Waterloo Shadow Study guidelines, the subject sites at 98 King St. & 143 Tillson Ave. Tillsonburg ON, have been analyzed to ensure: • As a principle, at least 50% or more of any property should not be shaded for more than two interval times (a 4-hour equivalency); or • As a principle, at least 50% of any property should be in full sun for at least two interval times (a 4 -hour equivalency) The Shadow Study was prepared to reflect the proposed building massing as described in Section 1, and the latest concept site plan which depicts the building location & orientation. The following includes an assessment of the shadows cast by the proposed development in consideration of the guidelines and the existing permissions (existing zoning). Page 92 of 145 www.sbmltd.ca SBM-19-1269 4 SOLAR STUDY OVERVIEW 4.1 Spring/Fall Equinox (March/September) During the Spring/Fall Equinox the shade impact of the proposed building masses will be contained to less than 50% of the proposed site at 98 King St. & 143 Tillson Ave. However, it will impact the adjacent property to the east of Tilson Ave. For one-time interval, and the impact during that interval will result in more than 50% of the aforementioned site being shaded for no more than two consecutive time intervals. This is consistent and falls within the acceptable guidelines stated in Section 2. Other impacts will include a portion of Tilson Ave. being covered during the time intervals just prior to sunset (~3:00pm-7:00pm) March 21 – 10am March 21 – 12pm March 21 – 4pm March 21 – 6pm March 21 - 6pm (Expanded) Page 93 of 145 www.sbmltd.ca SBM-19-1269 4.2 Summer Solstice (June) During the Summer Solstice the shade impact of the proposed building mass will be contained to less than 50% of the proposed site at 98 King St. & 143 Tillson Ave. However, it will impact the adjacent property to the east of Tilson Ave. For one-time interval, and the impact during that interval is less than 50% of the aforementioned site being shaded for no more than two consecutive time intervals. This is consistent and falls within the acceptable guidelines stated in section 2. Similar to the Spring/Fall Equinox, a portion of Tilson Ave. will be impacted during the time intervals just prior to sunset (~4-8pm). June 21 – 10am June 21 – 12pm June 21 – 4pm June 21 – 6pm Page 94 of 145 www.sbmltd.ca SBM-19-1269 4.3 Winter Solstice (December) During the Winter Solstice the shade impact of the proposed building mass will be at its peak due to the minimal available daylight and lower solar apex. The shade impact of the proposed building mass will be contained to less than 50% of the proposed site at 98 King St. & 143 Tillson Ave. However, it will impact the adjacent residential properties to the North-East on Tilson Ave. will be affected and contained to less than 50% of the aforementioned site for no more than two consecutive time intervals. This is consistent and falls within the acceptable guidelines stated in section 2. Similar to the Spring/Fall Equinox & Summer Solstice a portion of Tilson Ave. will be impacted during the time intervals just prior to sunset (~2:00pm-6:00pm). An hourly breakdown during the Winter solstice has been provided, as requested by the County of Oxford. As shown below, the shade on the residential properties to the North -East is limited to a time of approximately 1 hour prior to sunset (sunset occurring at approximately 4:50pm) during the lowest solar apex in this limited window. Shade impacts beyond sunset (between 4:50pm to 6:00pm) should not be considered as a result.” December 21 - 10am December 21 – 12pm December 21 – 1pm December 21 – 2pm Page 95 of 145 www.sbmltd.ca SBM-19-1269 December 21 - 3pm December 21 – 4pm December 21 – 5pm & 6pm (Sunset approx. 4:50pm) Page 96 of 145 www.sbmltd.ca SBM-19-1269 5 CONCLUSION Due to the size of the buildings, site, and orientation of the proposed buildings, the Shade Impact to adjacent properties is minimal and generally bounded to the confines of the proposed sites as well as portions of Tilson Ave. Therefore, based on our analysis of the buildings shadowing, the impact of the proposed massing on adjacent properties appears to fall within acceptable limits, as per The City of Waterloo Shadow Study Guidelines as previously stated in Section 3 of this report. Respectfully submitted, Strik, Baldinelli, Moniz Ltd. Civil • Structural • Mechanical • Electrical Tomislav Tomljenovic, C.Tech. BCIN Associate, Design & Drafting Manager Page 97 of 145 FOR OFFICE USE ONLY DATE PRESCRIBED INFORMATION COMPLETE PIN REV.APR18 FILE NO: DATE RECEIVED: TOWN OF TILLSONBURG APPLICATION FOR ZONE CHANGE 1.Registered Owner(s): Name:Phone: Residence: Address:Business: Fax: Postal Code: E-mail: Applicant (if other than registered owner): Name: Phone: Residence: Address: Business: Fax: Postal Code: E-mail: Solicitor or Agent (if any): Name: Phone: Business: Address: Fax: Postal Code: E-mail: All communications will be sent to those listed above. If you do not wish correspondence to be sent to the  Owner,  Applicant, or  Solicitor/Agent, please specify by checking the appropriate box. Name and address of any holders of any mortgage, charges or other encumbrances (if known): 2.Subject Land(s): a)Location: Municipality former municipality Concession No.Lot(s) Registered Plan No.Lot(s) Reference Plan No.Part(s) The proposed lot is located on the side of Street, lying between Street and Street. Street and/or Civic Address (911#): b)Official Plan Designation:Existing: Proposed: If the proposed designation is different than the existing designation, has an application for Official Plan Amendment been filed with the County of Oxford?  No  Yes ZN 7-20-14 Sept. 4/20 000280207 & 0040 Barbara G. Rosser 519-293-3210 519-293-3945Box 96, Ailsa Craig, ON N0M 1A0 brosser@execulink.com 1822094 Ontario Inc. (98 King St.)/Escalade Property Corporation(143 Tillson Ave) Box 37, Lambeth Station, London, ON 519-203-5170 98 King St: N.A., 143 Tillson Avenue: vendor Town of Tillsonburg Part 341, 293 and Part 341/Lot 420-422, Part Lots 423-426 east King First Third 98 King Street/143 Tillson Avenue Service Commercial Residential ("T-1"), High Density Residential ("T-2") N.A. N6P 1P9 jlchomes@yahoo.ca Village of Norwich Judge's Plan reg as Plan No. 745/Plan 500 Page 98 of 145 TOWN OF TILLSONBURG APPLICATION FOR ZONE CHANGE Page 2 c) Zoning: Present: Proposed: d) Uses: Present: Proposed: (Include description) 3. Buildings/Structures: For all buildings/structures, either existing or proposed on the subject lands, please supply the following information:  None Existing  None Proposed Existing/Proposed Building 1 Building 2 Use: Date Constructed (if known): Floor Area: Setbacks: Front lot line Side lot lines Rear lot line Please complete for residential, commercial/industrial or institutional uses. RESIDENTIAL COMMERCIAL/ INDUSTRIAL INSTITUTIONAL TYPE Apt., semi, townhouse, retail, restaurant, church, etc. # OF UNITS N/A CONVERSION/ADDITION TO EXISTING BUILDING Describe TOTAL # OF UNITS/BEDS N/A N/A FLOOR AREA by dwelling unit or by type (office, retail common rooms, etc.) OTHER FACILITIES (playground, underground parking, pool, etc.) # OF LOTS (for subdivision) N/A SEATING CAPACITY (for restaurant, assembly hall, etc.) N/A # OF STAFF N/A OPEN STORAGE REQUIRED? N/A N/A ACCESSORY RESIDENTIAL USE? N/A If accessory residential use, complete residential section If accessory residential use, complete residential section 4. Site Information (proposed use(s): Lot Frontage Lot Depth Lot Area Lot Coverage Front Yard Rear Yard Interior Side Yard Exterior Side Yard (corner lot) Landscaped Open Space (%) No. of Parking Spaces No. of Loading Spaces Building Height Width of Planting Strip Driveway Width SERVICE COMMERCIAL ZONE (SC(H)) HIGH DENSITY RESIDENTIAL ZONE (RH-__) two five storey apartment buildings vacant 2 five storey apartment buildings proposed 991.542 m2 each building varies, see preliminary site plan 49 apt units per bldg N.A. varies landscaped amenity area N.A. N.A. 47.22% 74 N.A. 16.8 m 7.85 m 6313.117 m2 15.71% 8.75 m 23.71 m 10.50 m (s./s), as per site plan approval 23.71 m (north east) see preliminary site plan and planning justification report 84.015 m (Tillson Ave) 98.267 m (First Street) Page 99 of 145 TOWN OF TILLSONBURG APPLICATION FOR ZONE CHANGE Page 3 5. Services: (check appropriate box) Existing Proposed Water supply Publicly owned and operated piped water system   Privately owned and operated individual well   Other (specify)   Sewage Disposal Publicly owned and operated sanitary sewer system   Privately owned and operated individual septic tank   Other (specify)   Storm Drainage Municipal Sewers  Ditches  Municipal Drains  Swales  6. Access: Provincial Highway  Unopened Road Allowance  County Road  Right-of-Way owned by  Municipal Road maintained all year  Other (specify)  Municipal Road seasonally maintained  7. General Information: a) Is the Subject Land the subject of regulations for flooding or fill and construction permits of the Long Point Region Conservation Authority?  No  Yes If yes, has an Application been filed with the Conservation Authority?  No  Yes b) Present land use(s) of adjacent properties: c) Characteristics of subject land (check appropriate space(s) and add explanation, if necessary) (i) Does the land contain environmental features such as wetlands, woodlots, watercourses, etc.?  No  Yes If yes, describe (ii) Has any part of the land been formally used for any purpose other than agricultural purposes?  No  Yes If yes, describe former use: 8. Historical Information: a) Is the subject land the subject of a current Application for Consent to the Oxford County Land Division Committee or a curren t application for draft plan of subdivision to the County of Oxford?  No  Yes  Application No. b) Have the subject land(s) ever been the subject of any other application under the Planning Act, such as an application for approval of an Official Plan amendment, a zoning by-law amendment, a Minister's Zoning Order amendment, consent, a minor variance, or approval of a plan of subdivision?  No  Unknown  Yes  File No. Status/Decision c) If known, the date the subject land was acquired by the owner? d) If known, the length of time that the existing uses of the subject land have continued? plus stormwater management on site per site plan approval north: private day care, east: railway line and commercial, south: vacant, west: medium density townhouse condominium unknown prior use by Canadian Pacific Railways TBD Page 100 of 145 Page 101 of 145 Page 1 of 9 Report No: CP 2021-15 COMMUNITY PLANNING Council Date: January 19, 2021 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community Planning Application for Zone Change ZN 7-20-17 – 2563557 Ontario Inc REPORT HIGHLIGHTS  The application for Zone Change proposes to rezone the subject property from ‘Medium Density Residential Zone (RM)’ & ‘Low Density Residential Type 1A Zone (R1A)’ to ‘Special Medium Density Residential Zone (RM-7)’ & ‘Special Neighbourhood Commercial Zone (NC- 6)’ to facilitate the creation of a townhouse development, consisting of 104 units and a 2 storey commercial plaza. The applicant has indicated that the development will be held in condominium ownership.  A number of special provisions have been requested to facilitate the proposed development, including increasing the building height, increased maximum number of townhouse dwellings per block, reduced front yard depth, reduced lot frontage, and reduced parking requirements for the proposed commercial block.  Planning staff are recommending that the application be supported, as it is generally consistent with the policies of the Provincial Policy Statement and complies with the relevant policies of the Official Plan respecting intensification and development within Medium Density Residential Areas. DISCUSSION Background OWNERS: 2563557 Ontario Inc. 183 Tillson Avenue, Tillsonburg ON N4G 3B1 LOCATION: The subject lands are legally described as Blocks 21, 22, 23, 24, Plan M-155, Daisy Court & Daffodil Avenue, in the Town of Tillsonburg. The subject lands are located on the west side of Quarter Town Line, south of Southridge Road, and north of Trillium Drive, and are municipally known as 361 Quarter Town Line, Tillsonburg. Page 102 of 145 Report No: CP 2021-15 COMMUNITY PLANNING Council Date: January 19, 2021 Page 2 of 9 COUNTY OF OXFORD OFFICIAL PLAN: Schedule “T-1” Town of Tillsonburg Land Use Plan Residential Schedule “T-2” Town of Tillsonburg Residential Medium Density Density Plan Residential TOWN OF TILLSONBURG ZONING BY-LAW NO.3295: Existing Zoning: Medium Density Residential Zone (RM) Low Density Residential Type 1A Zone (R1A) Proposed Zoning: Special Medium Density Residential Zone (RM-7) PROPOSAL: The applicant proposes to rezone the subject lands from ‘Medium Density Residential Zone (RM)’ and ‘Low Density Residential Type 1A Zone (R1A)’ to ‘Special Medium Density Residential Zone (RM-sp)’ to permit the development of a phased condominium development consisting of 104 townhouses (76 stacked townhouses and 28 street fronting townhouses), and a 2 storey commercial plaza with an approximate gross floor area of 1,168 m2 (12,580 ft2). The following special provisions are requested for the proposed Special Medium Density Residential Zoning:  Increased building height of 12 m (39.4 ft) in lieu of maximum 11 m (36 ft);  Relief of maximum number of multiple unit dwellings per block, to permit 12 units in one block rather than the maximum 8;  Permit a reduced front yard depth of 5.9 m (19.3 ft) in lieu of required 7.5 m (24.6 ft);  Permit a reduced rear yard depth of 10 m (32.8 ft) in lieu of required 10.5 m (34.4 ft);  Permit a reduced interior side yard width of 3 m (9.8 ft) in lieu of required 3 m (9.8 ft) on one side and 4.5 m (14.7 ft) on the other;  Provide for the recognition of Quarter Town Line as the frontage of the development;  Provide relief of Section 9.2.1- Distance between Multiple Unit Dwellings on one Lot;  Provide for multiple unit dwellings and street fronting townhouses to front on a private condominium street;  a reduced parking requirement for the commercial plaza, to permit 41 parking spaces in lieu of the required 52 parking spaces;  Commercial uses permitted within the Neighbourhood Commercial Zone;  Provide for internal lot lines created through phased condominium approval to not be construed as internal lot lines for the purpose of interpreting the zoning. The subject lands have an approximate area of 2.1 hectares (5.2 ac) and are currently vacant. The lands include former road allowances for Daisy Court and Daffodil Drive that were deemed surplus by the Town of Tillsonburg and transferred to the developer. Surrounding land uses include low density residential uses consisting of single detached dwellings to the south and north, townhouses to the west, a medium density townhouse development to the east, with Southridge Public School and parkland to the north. Plate 1, Existing Zoning and Location Map, shows the location of the subject property and the existing zoning in the immediate vicinity. Page 103 of 145 Report No: CP 2021-15 COMMUNITY PLANNING Council Date: January 19, 2021 Page 3 of 9 Plate 2, 2015 Aerial Map, provides an aerial view of the subject property. Plate 3, Applicants’ Sketch, depicts the proposed location and site design of the development. The applicant has submitted a site plan approval application for the proposed development which is currently under review. Application Review 2020 PROVINCIAL POLICY STATEMENT: The 2020 Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Under Section 3 of the Planning Act, where a municipality is exercising its authority affecting a planning matter, such decisions “shall be consistent with” all policy statements issued under the Act. Section 1.1.1 provides that healthy liveable and safe communities are sustained by accommodating an appropriate range and mix of residential housing (including additional units, affordable housing, and housing for older persons) to meet long-term needs, and promoting cost- effective development that minimizes land consumption and servicing costs. Section 1.1.3.1 of the PPS states that Settlement Areas will be the focus of growth and their vitality and regeneration shall be promoted. Land use patterns within settlement areas shall be based on:  densities and mix of land uses which are appropriate for, and efficiently use the infrastructure and public service facilities which are planned or available;  support active transportation;  efficiently use land and resources;  a range of uses and opportunities for intensification and redevelopment in accordance with the criteria in policy 1.1.3.3, where this can be accommodated. Section 1.1.3.4 directs that appropriate development standards shall be promoted which facilitate intensification, redevelopment and compact form, while avoiding or mitigating risks to public health and safety. Further, Section 1.4 Housing, specifically ss. 1.4.3, states that planning authorities shall provide for an appropriate range and mix of housing types and densities to meet projected requirements of current and future residents of the regional market area by:  Establishing and implementing minimum targets for the provision of housing which is affordable to low and moderate income households;  Permitting and facilitating all forms of housing required to meet the social, health and well-being requirements of current and future residents;  Directing the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are or will be available to support current and projected needs;  Promoting densities for new housing which efficiently use land, resources, infrastructure and public service facilities, and support the use of active transportation and transit in areas where it exists or is to be developed; and  Establishing development standards for residential intensification, redevelopment and new residential development which minimize the cost of housing and facilitate compact form, while maintaining appropriate levels of public health and safety. Page 104 of 145 Report No: CP 2021-15 COMMUNITY PLANNING Council Date: January 19, 2021 Page 4 of 9 OFFICIAL PLAN: The subject property is designated Medium Density Residential as per Schedule T-2, Residential Density Plan for the Town of Tillsonburg, as contained in the Official Plan. Medium Density Residential areas are those lands that are primarily developed or planned for low profile multiple unit development that exceed densities established in Low Density Residential Districts. Residential uses within Medium Density Residential areas include townhouses, cluster houses, converted dwellings, and apartment buildings. The maximum net residential density in the Medium Density Residential Districts is 62 units per hectare (25 units per acre) and no building shall exceed four storeys in height at street elevation. Section 8.2.1 of the Official Plan (Housing Development and Residential Areas - Strategic Approach) identifies a number of strategies "to provide present and future residents of Tillsonburg with a choice of adequate and affordable housing which meets their needs". The strategies developed to achieve this goal include:  Accommodating the present and future demand for housing in Tillsonburg through the efficient use of vacant residentially-designated lands, underutilized parcels in built-up areas and existing housing stock in all neighbourhoods, with the objective of also reducing energy consumption, decreasing the financial burden of underutilized municipal services, and relieving pressure for development of natural areas and open spaces;  Facilitating a choice of housing type, tenure, cost and location that meets the changing needs of all types of households by providing for a variety and mix of housing throughout the Town;  Increasing the supply of affordable housing by integrating adequate housing for low and moderate income households and those with special needs throughout the Town and establish and monitor minimum affordable housing targets to ensure that the percentage of affordable housing is maintained or enhanced;  Promoting and facilitating the provision of affordable housing through the co-operative efforts of all levels of government, the private sector and volunteer interest groups through such means as technical assistance, land conveyances, joint ventures, regulatory measures, and incentives. The policies contained within Section 8.2.2.2 – Tenure Mix, provides that Town Council shall encourage the creation of housing opportunities that may result in a mix of tenure forms, such as ownership, rental, and cooperative, throughout the Town. Such encouragement will include the provision of opportunities for the development of a variety of housing forms in newly developing areas and by permitting sensitive infilling and accessory apartments in built-up areas. All proposals for medium density residential development shall be subject to site plan control. When considering any specific proposal for medium density residential development, Town Council will be satisfied that the criteria of Section 8.2.5 are adequately addressed. TOWN OF TILLSONBURG ZONING BY-LAW: The subject property is currently zoned ‘Medium Density Residential Zone (RM)’ & ‘Low Density Residential Type 1A Zone (R1A)’, according to the Town of Tillsonburg Zoning By-law. The R1A Zone permits a single detached dwelling and home occupation, and the RM zone permits an apartment dwelling, converted dwelling, group home, multiple unit dwelling, public use, and street fronting townhouse. Page 105 of 145 Report No: CP 2021-15 COMMUNITY PLANNING Council Date: January 19, 2021 Page 5 of 9 The applicant is proposing to rezone the subject property to ‘Special Medium Density Residential Zone (RM-sp)’ to permit 104 townhouses and 1 two-storey commercial building with reduced parking requirements. The special provisions requested for the proposed Medium Density residential portion of the development have been detailed previously in this report. The proposed development includes street fronting townhouses and stacked townhouses, both of which are considered multiple unit dwellings. Section 9.2.1 of the Medium Density Residential zone requires a minimum distance of 12.5 m (41 ft) between the exterior walls of two multiple unit dwellings, or 12 m (39.4 ft) where either or both walls contain a window to a habitable room, or 3.6 m (11.8 ft) where neither wall contains a window to a habitable room. For a street fronting townhouse, the RM zone permits a maximum of 8 units per block, requires a minimum lot area of 150 m2 (1,614 ft2) per dwelling unit or 240 m2 (2,583.4 ft2) for an end unit, a maximum lot area of 320 m2 (3,445 ft2) per dwelling unit, lot frontage of 5 m (16.4 ft) for an interior unit, 8 m (26.2 ft) for an end unit, lot depth of 30 m (98.4 ft), front yard depth of 6 m (19.7 ft), exterior side yard width of 6 m (19.7 ft), rear yard depth of 7.5 m (24.6 ft), interior side yard width of 3 m (9.8 ft) for end units, setback of 20.5 m (67.3 ft) from the centreline of an arterial road (Quarter Town Line), and maximum building height of 11 m (36.1 ft). For a multiple unit dwelling, the RM zone permits a maximum of 8 units per building, requires a minimum lot area of 160 m2 (1,722 ft2) per dwelling unit, a maximum lot area of 320 m2 (3,445 ft2) per dwelling unit, lot frontage of 20 m (65.5 ft), lot depth of 30 m (98.4 ft), front yard depth of 7.5 m (24.6 ft), rear yard of 10.5 m (34.4 ft), interior side yard width of 4.5 m (14.8 ft) and 3 m (9.8 ft), setback of 20.5 m (67.3 ft) from the centreline of an arterial road (Quarter Town Line), and maximum building height of 11 m (36.1 ft). Section 5.24.2.1 of the Zoning By-Law requires 1.5 parking spaces per multiple unit dwelling, or 114 parking spaces for the 76 proposed multiple unit dwelling units. The 1.5 spaces per dwelling unit includes visitor parking requirements. Street fronting townhouses are required to have 2 spaces per unit, or 56 parking spaces for the 28 proposed street fronting townhouses. The attached garages can accommodate one of the required spaces. Based on this, the development appears to provide the required parking for the residential uses. Permitted uses within the Neighbourhood Commercial Zone include a convenience store, daycare centre, dry cleaning depot, eating establishment (excluding a drive through facility), fitness club, personal service establishment, postal outlet, public library, public use, studio, and accessory dwelling unit in the upper storey of a building containing a permitted non-residential use. The parking requirements for the proposed commercial building are based on the floor area and the proposed uses. A personal service establishment, convenience store, library, and studio require 1 parking space per 20 m2 (215.3 ft2). An eating establishment requires 1 parking space per 9 m2 (96.9 ft2); all other uses permitted in the NC zone require 1 parking space per 40 m2 (430 ft2). Depending on the use of the building, the parking requirements could vary from 30-60 spaces for business/institutional uses to 130 spaces if the commercial building was solely occupied by an eating establishment. Page 106 of 145 Report No: CP 2021-15 COMMUNITY PLANNING Council Date: January 19, 2021 Page 6 of 9 AGENCY COMMENTS: The proposal was circulated to various public agencies considered to have an interest in the application. Town of Tillsonburg Building Services provided the following comments: - Quarter Town Line to be identified as the front lot line; - Commercial uses should comply with parking requirements as contained in the Zoning By-Law due to internal streets being designated as a fire route with no parking permitted and the potential parking generation of the proposed permitted uses. Oxford County Public Works Department indicated that they had no comments on the zoning by- law amendment. The Town Development Commissioner provided the following comments: Tillsonburg Town Council approved the conveyance of the public roadways formerly included in this plan of subdivision at their April 14, 2020 meeting based on a request from the current owner who indicated that, since the property was first planned to be developed in the 1990s, market conditions and demand have changed quite substantially. The current developer has adjusted the development plan for the property in order to meet current market needs. The proposed conveyance back to the developer provided a number of potential benefits: • Reduced service requirements for the Town in terms of future maintenance and rehabilitation; • Elimination of a roadway access point into a school zone on South Ridge Avenue while maintaining pedestrian access; • Elimination of roadways in an area already surrounded by secondary roadways; etc. The proposed conveyance will also provide for dual access into a private development with access points onto both Quarter Town Line and Trillium Drive, while not providing a throughway for other traffic. The revision of the development plan allows the repurposing of the lands to meet current market demands for lower cost housing through increased intensification. While the Town is currently seeing an increase in higher density housing, it is still primarily a “ground based” development community. I initially had some concerns about the Commercial Development Units not fronting on Quarter Town Line, but in reviewing further, locating the commercial units internally will help avoid traffic congestion on Quarter Town Line. The commercial units will presumably provide neighbourhood services for the development and wider area and can be accessed via Trillium Dr and off Quarter Town Line. The introduction of commercial units at the north end of the Town is desirable and will help provide amenities to a much larger area that is largely unserviced at this time (except for grocery at Sobeys, auto dealers, etc) and will be convenient for north bound traffic on Quarter Town Line as well. Tillsonburg District Chamber of Commerce indicated that they are in support of the application with the following comments: Page 107 of 145 Report No: CP 2021-15 COMMUNITY PLANNING Council Date: January 19, 2021 Page 7 of 9  Concerns about overflow parking as it seems most driveways only have room for 1 vehicle and the roadways within the condominium development are too narrow for parking;  Has there been consideration where visitors and those with second vehicles would park? Visibility can be an issue with young children walking to/ from school. PUBLIC CONSULTATION: Notice of complete application and notice of public meeting regarding this application were circulated to surrounding property owners within 120 m (400’) on two occasions, November 26, 2020 & January 5, 2021, in accordance with the requirements of the Planning Act. Planning Analysis The applicant proposes to rezone the subject property to ‘Special Medium Density Residential Zone (RM-7)’ to facilitate the development of 76 stacked townhouses, 26 street fronting townhouse units and a two storey commercial building, served by private streets with access to Quarter Town Line Road and Trillium Drive. It is the opinion of staff that the proposed amendments are consistent with the relevant policies of the PPS as the proposed development is compact, cost-effective, and an efficient land use pattern that minimizes land consumption and servicing costs. The proposed development also contributes to an overall mix of housing types to accommodate current and future residents of the regional market area and will provide an additional market-based housing option in the Town of Tillsonburg. It is the opinion of this office that the subject application is consistent with the policies for Medium Density Residential areas within the Town. The Medium Density Residential designation is intended to support low profile multiple unit development, including townhouses, converted dwellings and apartment buildings. The site has been zoned for Medium Density Residential uses since 1994 and is located in an area that is surrounded by existing medium density residential development to the east and northeast, and a mix of low density uses to the south, north and west consisting of townhouses and single detached dwellings. Due to the mix of uses in the area, it is the opinion of staff that the proposed development is appropriate for the area with respect to the nature, character and scale of adjacent uses. Further to this, staff are satisfied that the proposed number of units is also consistent with the medium density designation requirements. The site can provide adequate off-street parking for the proposed residential uses and is located in an area where services and amenities such as schools, leisure facilities, shopping and parks are within a reasonable distance. Adequate municipal services are available to service the site. The area currently zoned R1A that is proposed to be rezoned for medium density purposes is proposed to be used for a sidewalk and pedestrian connection to Southridge Road and Southridge Public School; no further development is proposed for this area. With respect to the applicant’s request for site specific zoning to permit the street fronting townhouses and stacked townhouses (defined as multiple unit dwellings) to front on a private street, staff are of the opinion that it would be appropriate to include a zoning provision applying to the whole of the lands that ensures appropriate setbacks from lot lines created through future phases of the condominium. To assist in interpreting the zoning for this development, staff recommend that the lot frontage be defined as the easterly lot line adjacent to Quarter Town Line Road; other frontage that is present on Trillium Drive and Southridge Road will not have any buildings fronting to the street. The Page 108 of 145 Report No: CP 2021-15 COMMUNITY PLANNING Council Date: January 19, 2021 Page 8 of 9 proposed reduction to the front yard depth is considered appropriate in this instance as the front yard depth will actually function as a rear yard and amenity area as the proposed vehicular access is from the west side of the townhouse blocks. This arrangement will be beneficial to the streetscape of Quarter Town Line as the buildings will address the street rather than be an expanse of backlotted rear yards. The other zoning requests reduced rear yard depth, interior side yard width, and for reduced separation between multiple unit dwelling buildings and relief of maximum number of buildings per block have also been considered appropriate as the proposal will be required to be compliant with all provisions of the Ontario Building Code, including provisions relating to spatial separation between buildings. The increased building height is also considered appropriate for the type of housing form contemplated, being a stacked townhouse, and will be appropriate for the proposed commercial building. The proposed development is currently under review through the site plan approval process to ensure matters such as building location, lighting, parking, accessibility, grading, stormwater management, landscaping, privacy screening and garbage collection will be addressed to minimize impacts on surrounding residential uses. With respect to the proposed commercial uses, Planning staff note that neighbourhood serving uses are considered permitted uses within the Medium Density Residential designation and can be considered appropriate as the proposed uses will largely serve the residents of this development and the surrounding neighbourhood. Staff do not have concerns with the proposed uses, but recommend that no parking relief be granted for the commercial block at this time. The actual parking requirements cannot be calculated until the proposed uses are determined, and staff concur with the comments provided by the Town Building Department that all required parking should be provided, particularly given that the no parking is permitted on any of the private streets within the development. Some of the permitted uses, such as a daycare centre, may have significant peak parking demand and could conflict with other commercial uses that may cause congestion and parking difficulties. Staff would be better able to determine if parking relief is warranted once the proposed tenants of the commercial space are determined to see if there are peak parking demand conflicts or other considerations that warrant parking relief. In light of the foregoing, Planning staff are satisfied that the proposal is consistent with the policies of the Provincial Policy Statement and maintains the intent and purpose of the Official Plan. As such, staff are satisfied that the application can be given favourable consideration. An amending by-law will be brought forward once the necessary amending by-law schedules have been prepared. Page 109 of 145 Report No: CP 2021-15 COMMUNITY PLANNING Council Date: January 19, 2021 Page 9 of 9 RECOMMENDATION It is recommended that the Council of the Town of Tillsonburg approve-in-principle the zone change application submitted by 2563557 Ontario Inc, whereby the lands described Blocks 21, 22, 23, 24, Plan M-155, Daisy Court & Daffodil Avenue, in the Town of Tillsonburg known municipally as 361 Quarter Town Line are to be rezoned from ‘Low Density Residential Type 1A Zone (R1A)’ & ‘ Medium Density Residential Zone (RM)’ to ‘Special Medium Density Residential Zone (RM-7)’ & ‘Special Neighbourhood Commercial Zone (NC-6) to facilitate the development of a residential development consisting of 104 dwelling units and a neighbourhood commercial block. SIGNATURES Authored by: Eric Gilbert, MCIP RPP Senior Planner Approved for submission: Gordon K. Hough, RPP Director Page 110 of 145 November 11, 2020 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 1020 Notes NAD_1983_UTM_Zone_17N 51 Meters Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) Quarter Town Line Trillium Drive Southridge Road Tulip Drive Dogwood Drive Plate 1- Existing Zoning and Location Map File No. ZN 7-20-17 - 2563557 Ontario Inc Blocks 21, 22, 23, 24, Plan M-155, Daisy Court & Daffoldil Avenue- Town of Tillsonburg Page 111 of 145 November 11, 2020 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 1020 Notes NAD_1983_UTM_Zone_17N 51 Meters Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) Plate 2- 2015 Aerial Map File No. ZN 7-20-17 - 2563557 Ontario Inc Blocks 21, 22, 23, 24, Plan M-155, Daisy Court & Daffoldil Avenue- Town of Tillsonburg Dogwood Drive Tulip Drive Southridge Road Quarter Town Line Trillium Drive Subject Property Page 112 of 145 P P BF BF V V EX. 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UNIT 1 ENT.PGARAGE PGARAGE PGARAGE PUNIT 2 ENT. UNIT 1 ENT. UNIT 2 ENT. UNIT 1 ENT. UNIT 2 ENT. UNIT 1 ENT. UNIT 1 ENT. UNIT 1 ENT. UNIT 1 ENT.PPPPPPBFBFVVSTAIR TO UPPER STAIR TO UPPER 12.00m[39'-5"]CONDO UTILITY150 SFGGG G BLOCK 500BLOCK 600BLOCK 700BLOCK 8002.40m[7'-11"]12.00m[39'-5"]2.90m[9'-7"]1.20m[3'-11"]1.8M CONC. SIDEWALK1.8M CONC. 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ENTRANCE TO ACCESS EXISTING & NEWTOWNHOUSE DEVELOPMENTCONTRACTOR TO MAKE SEAMLESS CONNECTION INTO EXISTINGROADWAY PER OPSD STANDARDS (TYP. BOTH SIDES) - REF. CIVILENG. DWGS.4.10m[13'-6"]9.10m[29'-10"]5.50m[18'-1"]1.40m[4'-8"]7.5 m FIRE ROUTEFIRE ROUTE TO BE POSTEDUNDER DESIGNATED MUNICIPAL7.5 m FIRE ROUTEFIRE ROUTE TO BE POSTEDUNDER DESIGNATED MUNICIPAL8.70m[28'-9"]5.30m[17'-7"]2.70m[8'-11"]1.80m[5'-11"]14.20m[46'-9"]5.20m[17'-0"]5.20m[16'-11"]5.20m[16'-11"]VVVV1.5M CONC. SIDEWALK 1.5M CONC. SIDEWALK 1.5M CONC. SIDEWALK 1.5M CONC. SIDEWALK 1.5M CONC. SIDEWALK 1.2M CONC. SIDEWALK 1.5M CONC. SIDEWALKC:\Users\Owner\OneDrive - Srarchitecture\Projects\20-154 - 360 West Development - Tillsonburg Condos\3.0 - Drawings\3.2 - SPA\REV-2\ ZN 7-20-17 Oct. 7/20 000190594, 0595, 0596 & 0597 Page 114 of 145 Page 115 of 145 Page 116 of 145 Page 117 of 145 Page 1 of 6 Report No: CP 2021-13 COMMUNITY PLANNING Council Date: January 19, 2021 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community Planning Application for Zone Change ZN 7-20-18 – S.S.A. Canada Inc (Blunt and Cherry Limited) REPORT HIGHLIGHTS  The application for rezoning has been submitted to permit a retail store for the sale of cannabis on the subject lands.  Planning staff are recommending that the application not be supported, as it does not maintain the intent and purposes of the Official Plan to encourage commercial uses, including small retail uses, to be located in the Central Area of the Town. DISCUSSION Background OWNER: S.S.A. Canada Inc. 40 Neville Crescent, Brampton ON L6S 5K9 APPLICANT: Blunt and Cherry Limited 64 Spadina Avenue, Toronto ON M5V 2H8 LOCATION: The subject lands are legally described as Part Lot 31, Plan 1653, and Part 2 of 41R-9189 in the Town of Tillsonburg. The lands are located on the southeast corner of the intersection of Simcoe Street and Goshen Street, and are municipally known as 145 Simcoe Street in Tillsonburg. COUNTY OF OXFORD OFFICIAL PLAN: Schedule “T-1” Town of Tillsonburg Land Use Plan Service Commercial TOWN OF TILLSONBURG ZONING BY-LAW NO.3295: Existing Zoning: Service Commercial Zone (SC) Proposed Zoning: Special Service Commercial Zone (SC-sp) to permit a retail store Page 118 of 145 Report No: CP 2021-13 COMMUNITY PLANNING Council Date: January 19, 2021 Page 2 of 6 PROPOSAL: The purpose of the application is to rezone the subject lands to include a retail store as an additional permitted use on the subject property. The subject lands are approximately 0.3 ha (0.75 ac) in size, and contain an existing service commercial plaza with residential units in the upper level. The proposed retail store will occupy a vacant commercial space with an approximate area of 167.3 m2 (1800 ft2). Surrounding land uses fronting on Simcoe Street are predominately commercial, with residential uses to the south and southwest. Plate 1, Location Map with Existing Zoning, shows the location of the subject property and the existing zoning in the immediate vicinity. Plate 2, 2015 Aerial Map provides an aerial view of the subject property. Plate 3, Applicant’s Sketch depicts the location of the existing plaza and parking areas. Application Review 2020 PROVINCIAL POLICY STATEMENT: Section 1.1.1 of the PPS indicates that healthy, liveable and safe communities are sustained by promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long-term, accommodating an appropriate range and mix of residential, employment (including industrial and commercial), institutional, recreation, park and open space uses to meet the long-term needs. The policies of Section 1.1.3.1 state that settlement areas shall be the focus of growth and development. Further, Section 1.3.1 of the PPS directs that planning authorities shall promote economic development and competitiveness by: a) providing for an appropriate mix and range of employment, institutional uses and broader mixed uses to meet long-term needs; b) providing opportunities for a diversified economic base, including maintaining a range and choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses; c) facilitating the conditions for economic investment by identifying strategic sites for investment, monitoring the availability and suitability of employment sites, including market - ready sites, and seeking to address potential barriers to investment; d) encouraging compact, mixed-use development that incorporates compatible employment uses to support liveable and resilient communities; and, e) ensuring the necessary infrastructure is provided to support current and projected needs. Further, according to Section 1.7, long-term prosperity should be supported by maintaining and, where possible, enhancing the vitality and viability of downtowns and mainstreets. Page 119 of 145 Report No: CP 2021-13 COMMUNITY PLANNING Council Date: January 19, 2021 Page 3 of 6 OFFICIAL PLAN: The subject lands are designated ‘Service Commercial’ according to the Land Use Plan for the Town of Tillsonburg, as contained in the Official Plan. Areas designated for Service Commercial use are intended to provide for a broad range of commercial uses that, for the most part, are not suited to locations within the Central Area because of their site area, access or exposure requirements or due to incompatibility or land use conflicts with residential development. Generally, Service Commercial uses cater to vehicular traffic and single-purpose shopping trips where customers are typically generated from passing traffic or a wide ranging market area. Service Commercial uses will have access to an arterial or collector road. New uses permitted within the Service Commercial designation include commercial recreational establishments, automotive service stations, gas bars, car wash facilities, retail sales of automotive supplies, automated teller machines or kiosks, tourist information outlets or kiosks, hotel, motels, automotive services, automotive dealerships, building supply outlets and hardware stores, nurseries and garden centres, animal hospitals and boarding kennels, assembly halls and private clubs, personal services, convenience commercial uses, retail food stores, recreation and entertainment uses, restaurants, uses which require large areas for on-site storage of goods or vehicles and other types of commercial uses that offer service to the travelling public, business and industry. The scale of uses within the Service Commercial designation will generally range from 3,500 ft 2 (325 m2) to 50,000 ft2 (4,645 m2). Uses of less than 3,500 ft2 (325 m2) will be encouraged to locate in the Central Area, where appropriate. The vision of the Central Area as articulated in the Official Plan is for a multi-functional core, serving as the business, cultural and administrative centre of the Town with sub areas to increase the diversity of activities to increase the number of people living and working in the Central Area of the Downtown. It is intended that the retail function of the Central Area is to be promoted by continuing to permit a full range of uses in the commercial core, while limiting the type, size, and scale of retail uses which are permitted outside the commercial core through the Zoning By-Law. The Central Area will be the first priority location for shopping area facilities and other uses that serve the primary trade area. New commercial development should, where feasible, be located in the Central Area to complement the existing commercial structure of the Central Area. New or expanding retail developments outside of the Central Area requiring a planning approval will be subject to planning and market impact studies in accordance with Section 8.3.3.1 which show to the satisfaction of the County and the Town of Tillsonburg, that the type and size of proposed facilities are warranted, that no suitable Central Area locations are available for such facilities, and that the planned function of Tillsonburg’s Central Area will not be significantly p rejudiced or impacted. TOWN OF TILLSONBURG ZONING BY-LAW: The subject property is currently zoned ‘’Service Commercial Zone (SC)’, according to the Town of Tillsonburg Zoning By-law. Permitted uses within the ‘Service Commercial Zone (SC)’ include a wide variety of automobile - oriented service-commercial uses outlined in Section 14.1. Page 120 of 145 Report No: CP 2021-13 COMMUNITY PLANNING Council Date: January 19, 2021 Page 4 of 6 A Retail Store is defined as “a building or part of a building, in which goods, wares, merchandise, or articles are offered for sale, but do not include any establishment otherwise defined or classified herein”. A retail store is not a permitted use in the Service Commercial Zone. AGENCY COMMENTS: The application was circulated to various public agencies considered to have an interest in the proposal. The Tillsonburg Building Services Department provided the following comments:  applicant should confirm/demonstrate that the proposed location will meet Alcohol and Gaming Commission of Ontario requirements;  applicant should be required to demonstrate that this is not a viable option within the permitted Central Commercial zone;  this Department has concerns that a precedent will be established that could potentially lead to similar uses such as the LCBO to leave the Central Area;  if approved, should be through a temporary use by-law to permit the proposed use until it ceases to exist. The Town Development Commissioner provided the following comment: This application represents the third potential cannabis retail operation in the Town after 52 Simcoe St and 200 Broadway. It would appear that the two Simcoe Street operations (both proposed) would be approximately 700 metres apart. No concern with this as the distance between them as presumably the government is allowing the market to decide in terms of success/failure of potential operations. Both locations are in fairly close proximity to industrial areas, which could potentially increase the availability of the product for workers that may work in dangerous occupations, but I’m not aware of any restrictions or minimum separation distances between cannabis retail and industry. In terms of the 145 Simcoe St property, the property has suffered from above average vacancy over the past few years so the potential for a new tenant could result in reinvestment in the property and enhanced streetscape. The Town of Tillsonburg Engineering Services Department, and Oxford County Public Works Department have indicated they have no comment with respect to this application. Page 121 of 145 Report No: CP 2021-13 COMMUNITY PLANNING Council Date: January 19, 2021 Page 5 of 6 PUBLIC CONSULTATION: Notice of complete application and notice of public meeting regarding this application were circulated to surrounding property owners on November 26, 2020 and January 5, 2021, in accordance with the requirements of the Planning Act. As of the writing of this report, no comments have been received from the public. Planning Analysis The application for zone change proposes to permit a retail store for the sale of cannabis on the subject lands. The use is proposed to be established within a vacant storefront, approximately 167.3 m2 (1800 ft2) in size. The current legislation governing the establishment of cannabis retail outlets is such that the Town’s Zoning By-Law cannot limit a retail use to specifically the sale of cannabis as a separate distinct use. As such, a cannabis retail outlet can only be operated from a site that permits a retail store that allows for a broad range of retail activities. The policy framework for employment areas in Tillsonburg as contained in the Official Plan is designed to ensure that the Central Area of the Town, encompassing the Central Business District and the Entrepreneurial District, remains as the most functionally diverse area of the Town and will serve as the primary business, cultural, and administrative centre within the Town. Supporting elements of the policy framework include Official Plan policies directing business, professional, retail and other uses to the Central Area first, and limiting the proliferation of these uses elsewhere in the Town. It is clear that the Official Plan’s strategic goal is to provide a range of locations for new or expanded retail facilities within the Central Area, wherever possible and practical. New commercial development should, wherever feasible, be located in the Central Area to complement the existing commercial structure of the Central Area. In this particular instance, Planning staff are of the opinion that the establishment of a retail store, as proposed on the subject lands, does not maintain the general intent and purpose of the Official Plan. Service Commercial areas are not intended to accommodate a broad range of commercial uses that are typically characteristic of the Central Area location and will not directly compete with the Central Area. The size of the proposed retail use is less than the threshold of 3,500 ft2 (325 m2) established in the policies of the Service Commercial designation, which is considered to be the size where uses may not be able to be readily accommodated in the Central Area. Uses smaller than this threshold are expected to locate in the Central Area. While there have been limited instances of retail development in service commercial areas in Tillsonburg in the recent past, such as donated goods retail stores, in these instances, such uses have been typically identified as requiring larger areas for donated goods drop off, sorting, and disposal needs. Many of these uses also typically include an employment or training use in part of their business model. Due to these unique characteristics, these uses may not be well suited to a Central Area location. These types of retail uses can be differentiated from other retail uses that can be more readily accommodated in the Central Area on the basis of scale and area requirements that may not be suitably accommodated within the Central Area for the use to properly function. Page 122 of 145 Report No: CP 2021-13 COMMUNITY PLANNING Council Date: January 19, 2021 Page 6 of 6 Further to this, the scale and nature of the proposed cannabis retail store does not suggest that the site area, access or exposure requirements are such that a Service Commercial location is warranted. The proposed use also does not appear to have obvious conflicts with residential development. Staff are also of the opinion that the proposed use does not cater to vehicular traffic and does not appear to be a single-purpose use, reliant on passing traffic or on a wide-ranging market area any more than many other uses typically directed to the Central Area. In light of the policy direction in the Official Plan to direct all professional, retail, and business offices to the Central Area first, and only permit business uses in Service Commercial areas that have demonstrated they are not suited to the Central Area because of their land area, building area, access or exposure requirements, or compatibility requirements, Planning staff are of the opinion that locating the proposed retail store on lands designated for service commercial use does not satisfy these policy tests and does not comply with the general intent and purpose of the Official Plan. In the event that Council chooses to give favourable consideration to this proposal, and to protect the Central Area of the Town as contemplated by the Official Plan policies, Planning staff recommend that Council enact a temporary use by-law under Section 39 of the Planning Act to permit the proposed retail store for a temporary period of not more than three years, with the possibility of future 3 year renewals. This would permit the cannabis retail store use as proposed and if the use ceased, the permissions for a retail store use would lapse. RECOMMENDATION 1. It is recommended that the Council of the Town of Tillsonburg not approve the zone change application submitted by S.S.A. Canada Inc., whereby the lands described as Part Lot 31, Plan 1653, and Part 2 of 41R-9189, Town of Tillsonburg, known municipally as 145 Simcoe Street are to be rezoned from ‘Service Commercial Zone (SC)’ to ‘Special Service Commercial Zone (SC-xx)’ to permit a retail store as an additional permitted use on the subject lands as the proposal does not maintain the intent and purpose of the Official Plan regarding development in Service Commercial areas. SIGNATURES Authored by: “original signed by” Eric Gilbert, MCIP, RPP Senior Planner Approved for submission by: “original signed by” Gordon K. Hough, RPP Director Page 123 of 145 November 24, 2020 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 1020 Notes NAD_1983_UTM_Zone_17N 51 Meters Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) Plate 1- Existing Zoning and Location Map File No. ZN 7-20-18 - S.S.A. Canada Inc Part Lot 31, Plan 1653, Part 2 of 41R-9189- 145 Simcoe Street, Town of Tillsonburg Simcoe Street Goshen Street Duncan Street Neff Alley Page 124 of 145 November 24, 2020 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 260 Notes NAD_1983_UTM_Zone_17N 13 Meters Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) Simcoe Street Goshen Street Plate 2- 2015 Aerial Map File No. ZN 7-20-18 - S.S.A. Canada Inc Part Lot 31, Plan 1653, Part 2 of 41R-9189- 145 Simcoe Street, Town of Tillsonburg Page 125 of 145 Plate 3- Applicant's Sketch File No. ZN 7-20-18 - S.S.A. Canada Inc Part Lot 31, Plan 1653, Part 2 of 41R-9189- 145 Simcoe Street, Town of TillsonburgPage 126 of 145 TOWN OF TILLSONBURG APPLICATION FOR ZONE CHANGE 1. Registered Owner(s): Name: S . S . A. Canada Inc . Phone: Residence: 416 -83 6 - 2 732 Address: 4 0 Neville Crescent, Brampton, ON Business:-------- Fax: _________ _ Postal Code: L6S 5K9 ------------E-mail: sukhvinder-gill@hotmail.com Applicant (if other than registered owner): Name: Blunt and Cherry Ltd. Phone: Residence: 416 - 9 04 - 8 8 84 Address: 64 Spadina Ave, Toronto, ON Business: 416-977-9343 Fax: _________ _ Postal Code: M5V 2H8 ------------E-mail: behai@bluntandcherry.com Solicitor or Agent (if any): Name:____________________ Phone: Business:-------- Address:______________________ Fax:---------- Postal Code:------------E-mail: ------------------ All communications will be sent to those listed above. If you do not wish correspondence to be sent to the D Owner, D Applicant, or D Solicitor/Agent, please specify by checking the appropriate box. Name and address of any holders of any mortgage, charges or other encumbrances (if known): Royal Bank of Canada, Commercial Financial Services 6880 Financial Dr. 2nd Floor, Mississauga, ON L5N 7Y5 2. Subject Land(s): a) Location: Municipality Ti 11 s onburg former municipality _____________ _ Concession No. ___________ _ Lot(s) Part Lot 31 Registered Plan No. ~1~6=-=5"""'3 _______ _ Lot(s) _________________ _ Reference Plan No. -----------Part(s) Part 2 41R 9189 The proposed lot is located on the South side of Simcoe Street, lying between Goshen Street and n/ a Street. -----~-------~ Streetand/orCivicAddress(911#): 145 Simcoe St., Tillsonburg, N4G 2J4 b) Official Plan Dei;;ignation: Existing: Service Commercial Proposed: Service Commercial If the proposed designation is different than the existing designation, has an application for Official Plan Amendment been filed with the County of Oxford? N /A D No D Yes FOR OFFICE USE ONLY DATE PRESCRIBED INFORMATION COMPLETE PIN REV .JAN 2020 ZN 7-20-18 Rec'd: Oct. 30/20 000440388 c/o Mr. Sukvinder Shergill c/o Ms. Be Hai Lieu Page 127 of 145 NN OF TILLSONBURG APPLICATION FOR ZONE CHANGE c) Zoning: Present: Service Commercial Zone (SC) Proposed: Special Service Commercial Zone (SC-sp) d) Uses: Present: Vacant, formerly a restaurant Proposed: (Include description) Cannabis retail store 3. Buildings/Structures: For all buildings/structures, either existing or proposed on the subject lands, please supply the following information: D None Existing D None Proposed Existing/Proposed Building 1 Building 2 Use: Restaurant Cannabis retail store etc. Date Constructed (if known): 1965 Floor Area: 1!800 sg. ft Setbacks: Front lot line Existing Side lot lines Existing Rear lot line E2d st h:ig Please complete for residential, commercial/industrial or institutional uses. RESIDENTIAL TYPE Apt., semi, townhouse, retail, restaurant, church, #OF UNITS CONVERSION/ADDITION TO EXISTING BUILDING Descrihe No change No change No change No change No change COMMERCIAL/ INDUSTRIAL Retail 1 No ~J:?:c:l:J].9~~ other than use TOTAL#OFUNirsleiios"····································································· ... ........................... . .... NiA············ ................................................... NiA"" .......................................................................................................................... " ......................................................................................................................................................... . FLOORAREA Retail space by dwelling unit or by type (office, retail common rooms, etc.) is 1, 8 0 0 sq. ft ....................................................................................................................................... OTHER FACILITIES (playground, underground parking, pool, etc.) None INSTITUTIONAL N/A Page 2 #OF LOTS (for subdivision) ............................ N/A······················································NiA······································· sEiiriNGCAPACiTY (for restaurant, assembly hall, etc.) #OF STAFF OPEN STORAGE REQUIRED? N/A N/A N/A N/A 8-10 No N/A ························Acc·Esso·Rv-·RE~ii·o·E-NTi.AL".ii-~i"E.? ··········································································· ....................................... . N/A ............................................ ·if·····accessoryresiiieiiiiai use, ... ifaccessory.res.iCienii"af" .. use, complete residential section complete residential section 4. Site Information (proposed use(s): Lot Frontage Parking (existing) Exterior Side Yard (corner lot) Lot Depth N /A (existing) Landscaped Open Space (%) Lot Area NIA (existing) No. of Parking Spaces Lot Coverage _Front Yard Rear Yard Interior Side Yard N,/A (existing) N/A (existing) NIA (existing) Delivery area No. of Loading Spaces Building Height Width of Planting Strip Driveway Width NIA (existing) NIA (existing) 14 (existing) None N/A (existing) N/A NIA Page 128 of 145 )WN OF TILLSONBURG APPLICATION FOR ZONE CHANGE Services: (check appropriate box) Water supply Sewage Disposal Storm Drainage 6. Access: Publicly owned and operated piped water system Privately owned and operated individual well Other (specify) _________ _ Publicly owned and operated sanitary sewer system Privately owned and operated individual septic tank Other (specify) _________ _ Municipal Sewers Municipal Drains Ditches Swales D D Provincial Highway County Road D Unopened Road Allowance Municipal Road maintained all year Municipal Road seasonally maintained 7. General Information: ~ IX D Right-of-Way owned by Other (specify) Page 3 Existing Proposed ~ M D D D D ~ ~ D D D D D D D a) Is the Subject Land the subject of regulations for flooding or fill and construction permits of the Long Point Region Conservation Authority? IX No D Yes If yes, has an Application been filed with the Conservation Authority? IX No D Yes b) Present land use(s) of adjacent properties: Retail c) Characteristics of subject land (check appropriate space(s) and add explanation, if necessary) (i) Does the land contain environmental features such as wetlands, woodlots, watercourses, etc.? IX No D Yes If yes, describe--------------------------- (ii) Has any part of the land been formally used for any purpose other than agricultural purposes? D No IX Yes If yes, describe former use: Commercial/retail 8. Historical Information: a) Is the subject land the subject of a current Application for Consent to the Oxford County Land Division Committee or a current application for draft plan of subdivision to the County of Oxford? ~ No D Yes ---+ Application No. b) Have the subject land(s) ever been the subject of any other application under the Planning Act, such as an application for approval of an Official Plan amendment, a zoning by-law amendment, a Minister's Zoning Order amendment, consent, a minor variance, or approval of a plan of subdivision? D No ~ Unknown CJ Yes ---+ File No. ______ _ Status/Decision _________ _ c) If known, the date the subject land was acquired by the owner? d) If known, the length of time that the existing uses of the subject land have continued? Page 129 of 145 TOWN OF TILLSONBURG APPLICATION FOR ZONE CHANGE Page4 f" .................................................................. Autilorizii't"i'O"ii''of6w'ii'e'r(s')"t'O'r'A·i>"i>"ii"cantiA9iiii"i"fo.ii.iiai<e.ttie.)i."j)'j)ii"catio.ii .................................................................... l j11We, S.S. A. Canada Inc. , am/are the owner(s) of the land that is the subject of this application for zonej \change and I/We authorize Blunt and Cherry Ltd. , to make this application on my/ ur behalf. \ l.~:~ ... ~.:..~ .. ~.~.~~ ...................... §@.~.t~.~~ ..... ~ .. l ............................................................... §~9~.9.t~.r.~ .. 9X.9.~~.~.~{~ .... : .... : ........................................... ! I have authority to bind the corporation THIS SECTION TO BE COMPLETED IN THE PRESENCE OF A COMMISSIONER FOR TAKING AFFIDAVITS IM/e _ &. H t\. • \;t ,e_,u of the __ (_~~~-}+--,------ of $MD-\ o in the ·-p<Dvlo L!L of Drtl txr \ O DO SOLEMNLY DECLARE THAT: All of the prescribed information contained in this application is true and that the information contained in the documents that may accompany this application is true and I make this solemn declaration conscientiously believing it to be true and knowing that ii is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act. ,~~ DECLARE~ be!ore me at the _...,IC .... ;_,+_i,___ ____ _ of ~'S'S..\ SSc.....J"' in the , Jf 1"-....L ·-p .. D,:,' r-, L~ O V't\l;°'-'i 'L' this J..1> day of Qc:itQ be-C 20~\:} Owner(s~Appli~ B\ \A.ht ~ C iv::_ vCj 4 Owner( s )/Applicant Notes: -1.--Applications will not be considered complete until all requested information has been supplied. 2. It is required that one original of this application (including the sketch/site plan) be filed, accompanied by the applicable fee of $1,250.00 in cash or cheque, payable to the Treasurer, Town of Tillsonburg. A fee of $2,500.00 will be charged if an application is required 'after the fact' (after the use has occupied the site). Municipal Freedom of Information and Protection of Privacy Act -Notice of Collection & Disclosure The collection of personal information on this form is legally authorized under Sec.34 of the Planning Act and O.Reg.545/06 for the purpose of processing your planning application. Questions about this collection should be directed to the Director of Community Planning at the County of Oxford, 21 Reeve St., P.O. Box 1614, Woodstock, ON N4S 7Y3 or at 519-539-9800 (ext.3207). Pursuant to Sec.1.0.1 of the Planning Act, and in accordance with Sec.32(e) of the Municipal Freedom of Information and Protection of Privacy Act, it is the policy of the County of Oxford to make all planning applications and supporting material available to the public. Page 130 of 145 June 1, 2020 Mr. Eric Gilbert County of Oxford 21 Reeve Street PO Box 1614 Woodstock, Ontario N4S 7Y3 Re: 145 Simcoe Street, Unit 1, Tillsonburg - Zoning Dear Mr. Gilbert, I am contacting you regarding the retail use of the above location which is currently zoned as Service Commercial. You have previously been in contact with Caroline Jager regarding this matter. Further to your email of May 21, 2020 to Caroline, I attach a copy of our retail floor plan of which the gross retail square footage will be approximately 1,800 as per our lease agreement with the landlord. During our location scouting, we also looked at the following locations and provide reasons why they were rejected. Address Reason Rejected 200 Broadway, Town Centre Strathalen is the landlord's property manager. After an initial inquiry as to whether the landlord we allow a retail cannabis use, the property manager did not provide any further response despite numerous inquiries. 164 Broadway Same as above. 146 Broadway Unable to locate landlord or listing agent Ultimately, we chose the location at 145 Simcoe Street for the following reasons: - The location is not in close proximity to any schools or private schools; Page 131 of 145 - The location is located along a main road in which there is high volume of vehicular traffic which further limits pedestrian traffic for youths and minors; - The location is in close proximity to restaurants and other retail businesses including a flower shop in the same plaza; and - Finally, the landlord was agreeable to a retail cannabis use. Please let me know if the information we have provided is sufficient for your purposes in approving our application and if there is anything you require, feel free to contact me directly by telephone at 416-904- 8884 or by email. Best regards, Ms. Be Hai Lieu, CPA, CA.CIRP Page 132 of 145 Page 1 of 12 Report No: CP 2021-16 COMMUNITY PLANNING Council Date: January 19, 2021 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community Planning ZN 7-20-01- Town of Tillsonburg Housekeeping Amendment for Zoning By-Law No. 3295 REPORT HIGHLIGHTS  Planning and Town staff are of the opinion that a housekeeping amendment is necessary to ensure continued effectiveness of the Town’s Zoning By-law.  The proposed housekeeping amendment will generally address necessary updates, as well as correct minor errors and provide clarification to text and mapping schedules.  Sourcewater protection updates are also proposed to be included in the Zoning By-Law.  Planning staff recommend that Council endorse the proposed changes to the Zoning By- Law. DISCUSSION Background APPLICANT: Town of Tillsonburg 10 Lisgar Avenue, Tillsonburg ON, N4G 5A5 LOCATION: The proposed housekeeping amendment will apply to all lands within the Town. PROPOSAL: Comprehensive Zoning By-law No. 3595 was adopted by Town Council on April 14, 2008. Since that time, numerous amendments have been made to the by-law to incorporate a number of site- specific provisions and facilitate various policy changes. The most recent housekeeping amendment was completed in 2012 and included a number of minor revisions identified by Planning and Town staff. Since the last housekeeping amendment in 2012, Staff have been monitoring minor variance approvals, noting interpretation issues, and reviewing suggestions from Town staff, in an effort to clarify and update the existing By-law. At this time, staff are of the opinion that a housekeeping amendment is necessary to ensure continued effectiveness of the Town’s Zoning By-law. Page 133 of 145 Report No: CP 2021-16 COMMUNITY PLANNING Council Date: January 19, 2021 Page 2 of 12 The proposed housekeeping amendment will generally address necessary updates, as well as correct minor errors and provide clarification to text and mapping schedules. In particular, the proposed amendment will incorporate Source Water Protection regulations, natural hazard features, as well as proposed changes to the permitted encroachments to provide an increased allowable projection for decks into the required rear yard. The proposed amendments are summarized in Table 1 below: Table 1 – Proposed Amendments Current Zoning By-law Proposed Changes Section 2.- Interpretation Groundwater Recharge and Fish Habitat Protection Areas Source Protection Overlays It is proposed to introduce an interpretation section to provide guidance for the proposed Sourcewater Protection Overlays. It is proposed to remove the groundwater recharge area provisions and mapping contained on Schedule D of the By-Law as the approved Sourcewater Protection Plan has now replaced Groundwater Recharge Areas Mapping of the Source Protection Overlays on Schedule “A” of this By-law is intended to reflect the mapping of Wellhead Protection Areas A, B and C in the most recently approved Source Protection Plan that applies to the Town of Tillsonburg. The mapping of the Source Protection Overlays on Schedule “A” of this By-Law shall be updated to reflect any updates to the location and/or extent of the Wellhead Protection Area in the Source Protection Plan mapping without the requirement for a Zoning By- law amendment. In the case of a conflict between the mapping of the Source Protection Overlays in this By-law and the applicable mapping in an approved Source Protection Plan, the latter shall prevail. Section 4. - Definitions A definition for “donated goods retail store” is proposed to be added. A definition for “microbrewery” is proposed to be added. “DONATED GOODS RETAIL STORE”, means a building or part thereof in which goods, wares, merchandise or articles are stored, offered or kept for retail sale to the public and where those items stored or offered for sale and are procured solely and exclusively through the donations of the goods, wares, merchandise or articles. MICROBREWERY”, means a place used for the small scale and independent manufacturing of specialty or craft beer, wine or spirits produced for Page 134 of 145 Report No: CP 2021-16 COMMUNITY PLANNING Council Date: January 19, 2021 Page 3 of 12 The definition of “Pergola” is proposed to be amended to exclude them from the calculation of lot coverage: “PERGOLA”, means an arbor formed of horizontal trelliswork supported on columns or posts, over which vines or other plants are trained. For the purposes of this Zoning By-Law, pergolas are included in the calculation of lot coverage. A definition for ‘risk management official’ is proposed to be added. A definition for “a pet grooming business” is proposed to be added. A definition for a “retail pet store” is proposed to be added. A definition for a “Retirement home” is proposed to be added. Staff have determined that there is a need to provide a new definition and permitted use between an apartment building and long-term care facility. retail sale and consumption on or off-site. A microbrewery may include a tied-house and may also operate in combination with a permitted bar or tavern. “PERGOLA”, means an arbor formed of horizontal trelliswork supported on columns or posts, over which vines or other plants are trained. For the purposes of this Zoning By-Law, pergolas are excluded in the calculation of lot coverage. "RISK MANAGEMENT OFFICIAL", means the risk management official appointed under Part IV of the Clean Water Act, S.O. 2006, as amended. PET GROOMING BUSINESS”, means a building, or part thereof, used for the grooming of pets, but does not include a veterinary clinic, a kennel or any overnight boarding. “RETAIL PET STORE”, means a building, or part of a building, in which pets and pet supplies are offered for sale. A retail pet store may also include a pet grooming business. RETIREMENT HOME”, means a residential complex or part of a residential complex that is occupied primarily by persons who are 65 years of age, or is occupied or is intended to be occupied by persons who are not related to the operator of the home, and where the operator of the home may provide services directly or indirectly to the residents. A retirement home shall not include a long-term care facility. Page 135 of 145 Report No: CP 2021-16 COMMUNITY PLANNING Council Date: January 19, 2021 Page 4 of 12 Amend the definition for ‘rear yard’, to clarify that the rear yard does not extend to the rear of the dwelling within the exterior side yard. This will ensure that it is clear that accessory buildings are not permitted within the exterior side yard. A definition for ‘small on-site septic system and/or holding tank’ is proposed to be added. A definition for ‘large on-site septic system and/or holding tank’ is proposed to be added. A definition for ‘Well Head Protection Areas is proposed to be added. "REAR YARD", means an area extending across the full width of the lot between the rear lot line of the lot and the nearest part of any excavation or main building on the lot, excluding the exterior side yard. SMALL ON-SITE SEPTIC SYSTEM AND/OR HOLDING TANK” shall mean a system that stores and/or treats human waste on-site with a design flow of less than or equal to 10,000 litres per day and subject to approval under the Building Code Act, S.O. 1992, as amended, or Ontario Water Resources Act, R.S.O. 1991, as amended. These systems shall include, but not be limited to, greywater systems, cesspools, leaching bed systems and associated treatment units, and holding tanks, and shall not include sewage treatment plants. “LARGE ON-SITE SEPTIC SYSTEM AND/OR HOLDING TANK” shall mean a system that stores and/or treats human waste on-site with a design flow of greater than 10,000 litres per day and regulated under the Ontario Water Resources Act, R.S.O. 1991, as amended. These systems shall include, but not be limited to, greywater systems, cesspools, leaching bed systems and associated treatment units, and holding tanks, and shall not include sewage treatment plants. “WELLHEAD PROTECTION AREA”, is the area around a municipal drinking water supply well where certain land use activities may have the potential to affect the quality or quantity of water that flows into that well. The location and vulnerability of Wellhead Protection Areas is identified through the Source Protection Plans approved in accordance with Clean Water Act, 2006. Section 5. – General Provisions Section 5.1.1.4.1- amend this section to introduce an additional provision to prohibit a Quonset hut as an accessory building for a residential use. New section vii) is proposed to be added: vii) a Quonset hut shall not be permitted as an accessory structure within a residential zone. Page 136 of 145 Report No: CP 2021-16 COMMUNITY PLANNING Council Date: January 19, 2021 Page 5 of 12 Delete Section 5.4 – Dwelling Units Below Grade No dwelling unit shall in its entirety be located in a cellar. If any portion of a dwelling unit is located in a cellar, such portion of the dwelling unit shall be used as a furnace room, laundry room, storage room, recreation room, or for a similar use only and shall not be used for sleeping accommodation. However, a dwelling unit, in its entirety may be located in a basement provided the finished floor level of such basement is not below the level of the sanitary or storm sewer serving the building or structure in which such basement is located and provided further, that the floor level of such basement is not more than 1.2 m below the adjacent finished grade. Section 5.11- Groundwater Recharge Areas Section 5.24.2.1- Table 5.24.2.1- Parking Standards Section 5.24.3- Table 5.24.3- Location and Setback of Parking Areas Currently, parking areas and driveways are required to be 1.2 m (3.9 ft) from an interior lot line for single detached dwellings, duplex dwellings, and converted dwellings. Section 5.37, Table 5.37.1- Permitted Projections into Required Yards In an effort to provide more opportunities for affordable rental opportunities for basement apartments, it is recommended that this section be removed. A number of apartment dwellings, multiple unit dwellings and dwelling units in non-residential buildings in the recent past have sought relief of this provision. The Town Building Department has indicated that it is more appropriate to rely on the provisions of the Ontario Building Code to ensure that all lower-level apartments are safe. It is proposed to delete this section, as the groundwater recharge area provisions have been made redundant through the Sourcewater protection planning process under the Clean Water Act. Include a pet grooming business in the business parking uses (1 parking space per 20 m2 (215.3 ft2) of gross floor area) Include a retirement home under residential uses, require parking at 1 space per dwelling unit. To provide greater flexibility, it is proposed that this be reduced to 1.0 m (3.3 ft). This would still provide sufficient space to open the door of an automobile. Staff are recommending this section be modified with a review to reduce the number of minor variances going forward by permitting as of right Page 137 of 145 Report No: CP 2021-16 COMMUNITY PLANNING Council Date: January 19, 2021 Page 6 of 12 Staff have review minor variance applications and approvals given the past 10 years, and a majority of them relate to permitted encroachments into required yards for many purposes, including decks, covered decks and sunrooms. Sourcewater Protection Provisions The current Zoning By-Law predates the approval of the Long Point Region Source Protection Plan, and under the Clean Water Act, Zoning By-Laws are required to be consistent with an approved Source Protection Plan. many of the approvals that have been sought and approved. Proposed Changes include:  accessible ramps be permitted to extend to the street line;  Fireplaces would be permitted to encroach into a required interior side yard the same as other heating/cooling equipment;  Architectural features that are a minimum of 2 m (6.56 ft) above average grade would be permitted to have a nil setback to any lot line;  Retractable canopies & awnings would be permitted to be located within 3 m (9.8 ft) of any lot line;  Uncovered decks exceeding 0.6 m (2 ft) but less than 1.2 m (4 ft) in average height would be permitted within 3 m (9.8 ft) of any lot line;  Uncovered decks exceeding 1.2 m (4 ft) in average height would be permitted to be located within 3.8 m (12.4 ft) of any lot line. The following provisions are proposed to be included in the By-Law to implement the approved Long Point Region Source Protection Plan. SOURCEWATER PROTECTION AREAS IDENTIFICATION OF SOURCEWATER PROTECTION ZONES Sourcewater protection overlay zones represent Wellhead Protection Areas (WHPAs) and the associated level of vulnerability for municipal water sources serving the Town. Within these overlay zones, a notice from the Risk Management Official in accordance with the Clean Water Act, 2006 may be required prior to approval of any Planning Act or Building Permit application. A WHPA illustrates three time-related capture zones including a 100-metre radius Page 138 of 145 Report No: CP 2021-16 COMMUNITY PLANNING Council Date: January 19, 2021 Page 7 of 12 surrounding the well (WHPA-A), 2 year travel time for water to enter the well (WHPA-8), and 5 year travel time for water to enter the well (WHPA-C). The degree of vulnerability of a WHPA is represented by a vulnerability score. The vulnerability score can have a value of up to 10, which is the most vulnerable. Sourcewater Protection Zone 1 shall apply to those lands that are identified as a WHPA with a vulnerability score of 10. Sourcewater Protection Zone 2 shall apply to those lands that are identified as a WHPA with a vulnerability score of 10, as well as lands within a 5 year time of travel zone (WHPA-C). USE PROHIBITION AND RESTRICTIONS IN SOURCEWATER PROTECTION ZONES 1 & 2 Notwithstanding the provisions of the underlying zone, any land use, except a solely residential land use, that involves one of the following significant drinking water threat activities, shall be prohibited within Sourcewater Protection Zones 1 & 2 until a Section 59 Notice has been issued by the Risk Management Official (RMO) in accordance with the Clean Water Act, 2006, or the RMO has indicated that the activity will not be a significant drinking water threat.  Waste disposal sites within the meaning of Part V of the Environmental Protection Act.  The establishment, operation or maintenance of a system that collects, stores, transmits, treats or disposes of sewage.  The application of agricultural source material to land.  The storage and/or management of agricultural source material.  The application of non-agricultural source material to land.  The handling and/or storage of non- agricultural source material. Page 139 of 145 Report No: CP 2021-16 COMMUNITY PLANNING Council Date: January 19, 2021 Page 8 of 12  The application of commercial fertilizer to land.  The handling and/or storage of commercial fertilizer.  The application of pesticide to land.  The handling and/or storage of pesticide.  The application, handling and/or storage of road salt.  The storage of snow.  The handling and storage of fuel.  The handling and storage of a dense non-aqueous phase liquid.  The handling and storage of an organic solvent.  The management of runoff that contains chemicals used in the de-icing of aircraft.  An activity that takes water from an aquifer or a surface water body without returning the water taken to the same aquifer or surface water body.  An activity that reduces the recharge of an aquifer.  The use of land as livestock grazing or pasturing land, an outdoor confinement area or farm-animal yard. SEPTIC SYSTEMS AND HOLDING TANKS WITHIN SOURCEWATER PROTECTION ZONE 1 Notwithstanding the provisions of the underlying zone, any land use that involves one of the following significant drinking water threat activities, shall be prohibited within Sourcewater Protection Zone 1.  A new or replacement small on-site septic system and/or holding tank shall be located on the same property but, where possible, outside of the Sourcewater Protection Zone 1, to the satisfaction of the RMO.  A large on-site septic system and/or holding tank that would be a significant drinking water threat, as determined by the RMO. Page 140 of 145 Report No: CP 2021-16 COMMUNITY PLANNING Council Date: January 19, 2021 Page 9 of 12 Section 6.2- R1 & R1A Zone Provisions Current maximum lot coverage for R1 Properties is 33%, and 35% for R1A properties. Staff have reviewed previously approved minor variances and zoning applications, and given that R1 & R1A lots are generally larger, are recommending increasing the maximum lot coverage to 35 % for R1 properties and 37% for R1A properties. This is expected to allow some minor projects such as covered decks, sunrooms and small accessory buildings to proceed without a minor variance. Section 9- Medium Density Residential Zone Staff are recommending that a retirement home be included as an additional permitted use, subject to the provisions of an apartment dwelling. Section 10- High Density Residential Zone Staff are recommending that a retirement home be included as an additional permitted use, subject to the provisions of an apartment dwelling. Section 12- Entrepreneurial Zone . Staff are recommending that a pet grooming business and retirement home be included as additional permitted uses. Section 13- Central Commercial Zone Staff are recommending that a pet grooming business, microbrewery, retail pet store and retirement home be included as additional permitted uses. Section 14- Service Commercial Zone Staff are recommending that a donated goods retail store, pet grooming business, microbrewery, retail pet store and retirement home be included as additional permitted uses. Section 15 - Neighbourhood Commercial Zone Staff are recommending that a pet grooming business be included as an additional permitted use. Section 19 - Minor Institutional Zone There is a maximum gross floor area of 650 m2 (7,000 ft2) for a place of worship. Staff are recommending that a retirement home be included as an additional permitted use. Staff are recommending that this maximum gross floor area be removed as there is a general trend towards consolidation and larger places of worship. In the past 5 years, relief of this provision has been sought three times. Eliminating this provision would potentially eliminate the requirement to obtain a minor variance to construct a new place of worship or an addition to an existing place of worship. Section 20- Major Institutional Zone Staff are recommending that a retirement home be included as an additional permitted use. R1, R2, R3, RM, RH, EC, SC, CC, NC Staff are recommending that all minimum gross floor area provisions be removed to facilitate more modest or affordable housing options. The minimum gross floor area for a dwelling unit would be Page 141 of 145 Report No: CP 2021-16 COMMUNITY PLANNING Council Date: January 19, 2021 Page 10 of 12 determined by the relevant provisions of the Ontario Building Code. Other Changes References to Oxford County Board of Health Minor Mapping Changes and Special Provision Renumbering Source Protection Mapping References to Oxford County Board of Health will be replaced with the Town of Tillsonburg (for references related to septic systems) or Southwestern Public Health, as appropriate. A number of Special Provisions are proposed to be renumbered if they are duplicated or deleted if they are redundant. All existing permissions granted by Council will be preserved. In accordance with the Source Protection Plan, the identification of Source Protection Zones will be added to the Schedule A of the Zoning By-Law. Application Review 2020 Provincial Policy Statement The 2020 Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. In particular, t he PPS focuses growth within settlement areas and promotes efficient development patterns that optimize the use of land, resources and public investment in infrastructure and public service facilities. Section 1.1.1 of the PPS states that healthy, liveable, and safe communities are sustained by promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term and cost-effective development patterns and standards to minimize land consumption and servicing costs. Further, Section 1.1.3.2 directs that settlement areas shall be the focus of growth and development, and their vitality and regeneration shall be promoted. Land use patterns within settlement areas shall be based on densities and a mix of land uses which efficiently use land and resources and existing infrastructure and public service facilities. A range of uses and opportunities for intensification and redevelopment should also be promoted where it can be accommodated in settlement areas. Section 1.1.3.3 also directs that planning authorities shall identify appropriate locations and promote opportunities for intensification and redevelopment where this can be accommodated taking into account existing building stock or areas, including brownfield sites, and the availability of suitable existing or planned infrastructure and public service facilities required to accommodate projected needs. Page 142 of 145 Report No: CP 2021-16 COMMUNITY PLANNING Council Date: January 19, 2021 Page 11 of 12 The proposed amendments are intended to provide more flexibility for housing types and to encourage alternative housing sizes to diversify the range of affordable housing options within the Town. Further, the proposed amendments will support alternative housing options by eliminating minimum dwelling unit sizes and permitting dwelling units below grade, which are regulated through the Ontario Building Code (OBC). Official Plan No specific sections of the Official Plan are impacted as the proposed amendment deals with a number of minor changes as required to the Zoning By-law to correct errors and incorrect references within various sections of the By-law. The uses proposed to be added (retirement home, microbrewery, retail pet store, pet grooming business, donated goods retail store) have been determined to be in-keeping with the relevant policies of the Official Plan. Zoning By-law The proposed amendment impacts all sections of the Zoning By-law, to correct errors, incorrect references to the General Provisions and omissions that have occurred since the drafting of the existing By-law. Agency Comments The application was circulated to those agencies considered to have an interest in the proposal. The Town Building & By-Law Services Department commented that the proposed changes will improve the clarity and interpretation of the Zoning By-Law and will provide additional as-of-right opportunities, and as such is supportive of the proposed amendments. The Town Engineering Services Department & Oxford County Public Works Department indicated they had no concern with the proposed changes. Public Consultation Notice of the zone change application was posted in the Tillsonburg Independent, Oxford Review and Norfolk & Tillsonburg News on two (2) occasions, being February 12, 2020 and January 5, 2021, in accordance with the requirements of the Planning Act. To date, staff have been contacted by a number of residents expressing support for the removal of the minimum gross floor area and prohibition on dwelling units below grade. Planning Analysis The application proposes a number of general amendments to the Zoning By-Law to correct minor errors and provide clarification to text and mapping schedules. In addition, a number of amendments are proposed to incorporate various changes to legislation and update a number of provisions based on recent development activity and planning application volumes. The proposed changes are a result of examining historical planning application types and volumes and daily experience with the Zoning By-Law, in consultation with the Town Building Department. Furthermore, the proposed amendments will increase the ‘as of right’ provisions related to Page 143 of 145 Report No: CP 2021-16 COMMUNITY PLANNING Council Date: January 19, 2021 Page 12 of 12 permitted encroachments for decks, covered decks and patios, increased lot coverage for ‘R1’ & ‘R1A’ properties, and correct other oversights that have become apparent since the Zoning By- Law was originally drafted. The inclusion of additional permitted uses in commercial zones is in conformity with the relevant policies of the Official Plan; the proposed uses to be added to the Service Commercial Zone represent uses that have already been permitted (such as donated goods retail store) or uses that are automobile-oriented and serve the travelling public. The incorporation of the proposed Sourcewater Protection provisions as required by the Long Point Source Protection Plan will implement the provisions of the Source Protection Plan and will provide greater disclosure of properties that could represent a drinking water threat. With the implementation of the Sourcewater Protection provisions, the provisions relating to Groundwater Recharge Areas can be removed from the By-Law as they are redundant. It should be noted that the proposed mapping changes to correct duplication and correct erroneous cross references will not eliminate any ‘as of right’ uses or previous zoning approvals given by Council. It is the opinion of this Office that the proposed rezoning application is consistent with the policies of the Provincial Policy Statement and is in keeping with the policies of the County Official Plan. As such, Planning staff are recommending approval-in-principle of the proposed housekeeping amendment so that the applicable Zoning By-Law schedules can be prepared following consultation with the public and Council consideration. RECOMMENDATION It is recommended that the Council of the Town of Tillsonburg approve-in-principle the proposed Zoning By-law amendment (File ZN 7-20-01) to introduce “housekeeping” amendments to Town Zoning By-law No. 3295. SIGNATURES Authored by: original signed by Eric Gilbert, MCIP, RPP Senior Planner Approved for submission: original signed by Gordon K. Hough, RPP Director Page 144 of 145 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2021-008 A BY-LAW to confirm the proceedings of Council at its meeting held on the 19th day of January, 2021. WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the powers of a municipal corporation shall be exercised by its council; AND WHEREAS Section 5 (3) of the Municipal Act, 2001, as amended, provides that municipal powers shall be exercised by by-law; AND WHEREAS it is deemed expedient that the proceedings of the Council of the Town of Tillsonburg at this meeting be confirmed and adopted by by-law; BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. All actions of the Council of The Corporation of the Town of Tillsonburg at its meeting held on January 19, 2021, with respect to every report, motion, by-law, or other action passed and taken by the Council, including the exercise of natural person powers, are hereby adopted, ratified and confirmed as if all such proceedings were expressly embodied in this or a separate by-law. 2. The Mayor and Clerk are authorized and directed to do all the things necessary to give effect to the action of the Council of The Corporation of the Town of Tillsonburg referred to in the preceding section. 3. The Mayor and the Clerk are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of The Corporation of the Town of Tillsonburg. 4. This by-law shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 19th DAY OF JANUARY, 2021. READ A THIRD AND FINAL TIME AND PASSED THIS 19th DAY OF JANUARY, 2021. ________________________________ MAYOR – Stephen Molnar _______________________________ TOWN CLERK – Michelle Smibert Page 145 of 145