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210216 Council Planning MIN 1 The Corporation of the Town of Tillsonburg Council Planning Meeting MINUTES Tuesday, February 16, 2021 4:30 PM Electronic Meeting ATTENDANCE: Mayor Molnar Deputy Mayor Beres Councillor Esseltine Councillor Gilvesy Councillor Luciani Councillor Parker Councillor Rosehart Staff: Kyle Pratt, Chief Administrative Officer Michelle Smibert, Town Clerk Eric Gilbert, Senior Planner Carlos Reyes, Director of Operations Amelia Jaggard, Deputy Clerk _____________________________________________________________________ 1. Call to Order The meeting was called to order at 4:30 p.m. 2. Adoption of Agenda The Clerk received a request from Denis Brolese (Agent) and Amer Cengic (Owner) for Application CD 20-02-7, to speak as a delegation to agenda item 6.2. Resolution # 2021-072 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart 2 THAT the Agenda as prepared for the Council Planning meeting of February 16, 2021, be approved. Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof Councillor Gilvesy declared pecuniary interest on the following item: 1. Item 5.3 in open session with the reason being that the applicant is her husband. No other disclosures of pecuniary interest were declared. 4. Adoption of Council Planning Minutes of Previous Meeting Resolution # 2021-073 Moved By: Councillor Parker Seconded By: Councillor Gilvesy THAT the Minutes of the Council Planning meeting held on January 19, 2021, be approved. Carried 5. Public Meetings Resolution # 2021-074 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT Council move into the Committee of Adjustment to hear applications for Minor Variance at 4:33 p.m. Carried 5.1 Application for Minor Variance A 14-20 (Leliveld) The Senior Planner provided an overview of this application. No public input was received on this application and staff are recommending that the application be approved. Resolution # 2021-075 Moved By: Councillor Parker Seconded By: Councillor Esseltine 3 THAT the Committee of Adjustment approve Application File A14-20, submitted by Peter Leliveld, for lands described as Lot 9, Plan 500, in the Town of Tillsonburg, as it relates to: 1. Relief from Section 7.2 – R2 Zone Provisions, to reduce the minimum required lot area from 620 m2 (6,674 ft2) to 459 m2 (4,940.6 ft2) to facilitate the conversion of the existing single detached dwelling to a duplex; 2. Relief from Section 5.4- Dwelling Units Below Grade, to permit a dwelling unit within the basement of the existing dwelling. Subject to the Owner obtaining a building permit for the proposed duplex conversion within one year of the date of the Committee’s Decision. Carried 5.2 Application for Minor Variance A 01-21 (Victoria Wood (Tillsonburg) GP Inc.) The Senior Planner provided an overview of the application. Staff recommend approval of the application. The agent, Nancy Shoemaker was present to answer any questions that the members might have on the application. Resolution # 2021-076 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT the Committee of Adjustment approve Application File A01-21, submitted by Victoria Wood (Tillsonburg) GP Inc., for lands described as Proposed Lot 4, of Phase 3 of Draft Plan 32T-06005, Town of Tillsonburg, as it relates to: 1. Relief from Table 7.2 – R2 Zone Provisions, to reduce the minimum required lot depth from 30 m (98.4 ft) to 29.55 m (96.9 ft), to facilitate the construction of a future single detached dwelling. Carried Resolution # 2021-077 Moved By: Councillor Esseltine Seconded By: Councillor Luciani 4 THAT Council move out of the Committee of Adjustment and move back into regular Council session at 4:45 p.m. Carried 5.3 Application for Zone Change ZN 7-20-19 (Flint Farms Inc.) Councillor Gilvesy declared a pecuniary interest in this matter and abstained from all discussion and voting on this matter. The Senior Planner reviewed the application and noted that the property as zoned does not support retail. The application does not meet the intent of the Official Plan and the Zoning by-law and as such recommend that the application not be approved. The applicant, Tiffany Longarini, addressed the questions from Council. Parking and the flow of traffic is problematic due to high volumes of transactions and she felt this location would be best for this intended use. Resolution # 2021-078 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT notwithstanding the staff recommendation, the Council approve the zone change application submitted by Flint Farms Inc., whe reby the lands described as Part Lot 35, Plan 551, Town of Tillsonburg, known municipally as 523 Broadway are to be rezoned from ‘Service Commercial Existing Plaza Zone (SC-E)’ to ‘Special Service Commercial Zone (SC-xx)’ to permit a retail store as an additional permitted use on the subject lands and 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. Carried 6. Planning Reports 6.1 Application for Zone Change Removal of Holding Provision ZN 7-21- 01 (Victoria Wood (Tillsonburg) GP Inc.) The Senior Planner provided an overview of the application. This is the last phase of the subdivision and the subdivision agreement has been signed by the Town. 5 Nancy Shoemaker noted she is in support of the staff recommendation. Resolution # 2021-079 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council approve the zone change application, File No. ZN 7 -21-01, as submitted by Victoria Wood (Tillsonburg) GP Inc., for lands described as Part of Lot 7, Concession 12 (Dereham), Parts 5-11 of Reference Plan 41R-9832, in the Town of Tillsonburg, to rezone the subject lands to remove the Holding Provision from properties within Phase 3 of Victori a Woods (the Oaks) draft plan of subdivision. Carried 6.2 Application for Draft Plan of Condominium and Exemption from Draft Plan Approval CD 20-02-7 (1967113 Ontario Inc.) The Senior Planner reviewed the application and recommended approval. Denis Brolese, applicant, appeared before Council and provided an update on the project. He supports the staff recommendation. Resolution # 2021-080 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT Council advise County Council that the Town supports the application for draft approval of a proposed condominium submitted by 1967113 Ontario Inc, (File No. CD 20-02-7), prepared by MTE Ontario Land Surveyors, dated January 5, 2021, for lands described as Part Lots 1389 & 1390, and all of Lot 1391, Plan 500, in the Town of Tillsonburg; AND THAT Council advise County Council that the Town supports the application for exemption from the draft plan of condominium approval process, submitted by 1967113 Ontario Inc, (File No. CD 20-02-7), prepared by MTE Ontario Land Surveyors, dated January 5, 2021, for lands described as Part Lots 1389 & 1390, and all of Lot 1391, Plan 500, in the Town of Tillsonburg, as all matters relating to the development have been addressed through the Site Plan Approval process and a registered site plan agreement with the Town of Tillsonburg. 6 Carried 6.3 Expansion of the Prohibition of Ground Floor Residential Development in the Central Commercial Zone CP 2021-17 Resolution # 2021-081 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council receives CP Report 2021-17 as information; AND THAT staff be directed to submit applications for an Amendment to the Official Plan and amendment to the Town Zoning By-Law to modify or expand the existing prohibition on ground floor residential development within the Central Business District and Central Commercial Zone. Carried 7. New Business 8. Motions/Notice of Motions 9. By-Laws 9.1 By-Law 2021-022, to amend Zoning By-Law Number 3295, as amended (ZN 7-20-14) 9.2 By-Law 2021-023, to amend Zoning By-Law Number 3295, as amended (ZN 7-20-01) 9.3 By-Law 2021-024, to amend Zoning By-Law Number 3295, as amended (ZN 7-20-16) 9.4 By-Law 2021-025, to Amend Zoning By-Law Number 3295, as amended (ZN 7-21-01) Resolution # 2021-082 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT By-Law 2021-022, to amend Zoning By-Law Number 3295, as amended (ZN 7-20-14); and By-Law 2021-023, to amend Zoning By-Law Number 3295, as amended (ZN 7-20-01); and 7 By-Law 2021-024, to amend Zoning By-Law Number 3295, as amended (ZN 7-20-16); and By-Law 2021-025, to amend Zoning By-Law Number 3295, as amended (ZN 7-21-01), be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 10. Confirm Proceedings By-law Resolution # 2021-083 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT By-Law 2021-021, to Confirm the Proceedings of the Special Council meeting and the Council Planning meeting held on February 16, 202 1, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 11. Adjournment Resolution # 2021-084 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT the Council Planning meeting of February 16, 2021 be adjourned at 5:35 p.m. Carried