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220118 Council Planning Meeting Agenda
The Corporation of the Town of Tillsonburg Council Planning Meeting AGENDA Tuesday, January 18, 2022 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 18, 2022, be approved. 3.Disclosures of Pecuniary Interest and the General Nature Thereof 4.Adoption of Council Planning Minutes of Previous Meeting Proposed Resolution #2 Moved By: ________________ Seconded By: ________________ THAT the minutes of the Council Planning meeting held on November 1, 2021, be approved. 5.Public Meetings Proposed Resolution # 3 Moved By: ________________ Seconded By: ________________ THAT Council move into the Committee of Adjustment to hear an application for Minor Variance at ____ p.m. 5.1.Minor Variance A23-21 - 3 Bidwell Street - Myda Holdings Inc. Proposed Resolution #4 Moved By: ________________ Seconded By: ________________ That the Town of Tillsonburg Committee of Adjustment approve Application File A23- 21, submitted by Myda Holdings Inc. for lands described Lot 1511, Plan 500, Town of Tillsonburg, as it relates to: Relief from Section 5.1.1.4.1, i) - Regulations for Accessory Buildings and Structures, to increase the permitted height of a detached private garage from 4.5 m (14.8 ft) to 6.2 m (20.3 ft); 1. Relief from Section 5.1.1.4 – Regulations for Accessory Buildings and Structures – Lot Coverage, maximum for all accessory buildings and structures, to increase the maximum lot coverage for accessory buildings from 50 m2 (538 ft2) to 149 m2 (1,603 ft2). 2. Subject to the following conditions: A building permit for the proposed accessory building shall be issued within one year of the date of the Committee's decision; 1. The applicant shall enter into an agreement between the properties at 7 Bidwell St and 3 Bidwell St respecting access to the proposed accessory building. 2. Proposed Resolution #5 Moved By: ________________ Seconded By: ________________ THAT Council move out of Committee of Adjustment and move back into regular Council session at ____ p.m. 6.Planning Reports 6.1.Zone Change Application ZN 7-21-17 - Landmark Homes Proposed Resolution #6 Moved By: ________________ Seconded By: ________________ THAT the Council of the Town of Tillsonburg approves the zone change application submitted by Landmark Homes (Trevalli Homes), whereby the lands described as Lots 45-47, Plan 41M-143 & Lots 78-92, Plan 41M-144, known municipally as 3, 5, 7- 33 Sycamore Drive in the Town of Tillsonburg are to be rezoned to remove the Holding Provision from the lands. 6.2.Implementation of Provincial Direction on Additional Residential Units Page 2 of 56 Proposed Resolution #7 Moved By: ________________ Seconded By: ________________ THAT the Council of the Town of Tillsonburg receive Report No. CP 2022-07, as information; AND FURTHER, directs planning staff to initiate a review of the current legislative and policy framework the with respect to Additional Residential Units and authorize staff to initiate the necessary amendments to the Official Plan and Zoning By-Law to establish the Town’s requirements for such units. 7.New Business 8.Motions/Notice of Motions 9.By-Laws 9.1.By-Law to amend Zoning By-Law 3295, as amended (ZN7-21-17) Proposed Resolution #8 Moved By: ________________ Seconded By: ________________ THAT a By-Law to amend Zoning By-Law Number 3295, as amended (ZN 7-21-17), be read for a first, second, third and final reading and that the Mayor and Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 10.Confirm Proceedings By-law Proposed Resolution #9 Moved By: ________________ Seconded By: ________________ THAT By-Law 2022-004, to Confirm the Proceedings of the Council Planning meeting held on January 18, 2022, 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 #10 Moved By: ________________ Seconded By: ________________ THAT the Council Planning meeting of January 18, 2022 be adjourned at _____ p.m. Page 3 of 56 1 The Corporation of the Town of Tillsonburg Council Planning Meeting MINUTES Monday, November 1, 2021 4:30 PM Electronic Meeting ATTENDANCE: Mayor Molnar Deputy Mayor Beres Councillor Esseltine Councillor Gilvesy Councillor Luciani Councillor Parker Councillor Rosehart Staff: Kyle Pratt, Chief Administrative Officer Michelle Smibert, Director of Corporate Services/Clerk Eric Gilbert, Senior Planner Amelia Jaggard, Deputy Clerk Regrets: Carlos Reyes, Director of Operations and Development _____________________________________________________________________ 1. Call to Order The meeting was called to order at 4:30 p.m. 2. Adoption of Agenda Resolution # 2021-467 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT the Agenda as prepared for the Council Planning meeting of November 1, 2021, be approved. Page 4 of 56 2 Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interest were declared. 4. Adoption of Council Planning Minutes of Previous Meeting Resolution # 2021-468 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the minutes of the Council Planning meeting held on September 20, 2021, be approved. Carried 5. Public Meetings Resolution # 2021-469 Moved By: Deputy Mayor Beres Seconded By: Councillor Parker THAT Council move into the Committee of Adjustment to hear applications for Minor Variance at 4:33 p.m. Carried 5.1 Application for Minor Variance A16-21 (Weeks) Eric Gilbert, Senior Planner, Oxford County, appeared before Council to provide an overview of the application. Staff recommend approval of the application. Opportunity was provided for comments and questions from Council. The applicant was not in attendance. No members of the public appeared before Council either in support or opposition to the application. Resolution # 2021-470 Moved By: Councillor Luciani Seconded By: Councillor Esseltine Page 5 of 56 3 THAT the Committee of Adjustment approve Application File A16-21, submitted by Dorothy Weeks for lands described as Lot 143, Plan 500 and Part Lot 28, Plan 621, being 14 Fourth Street, in the Town of Tillsonburg, as it relates to: 1. Relief from Section 5.37.1 – Permitted Projections into Required Yards, to increase the permitted projection of a covered deck into the required exterior side yard from 1.5 m (4.9 ft) to 3.15 m (10.3 ft) to allow for the covering of an existing deck. Subject to the applicant obtaining a building permit for the proposed covered deck within one year of the date of the Committee’s Decision. Carried 5.2 Application for Minor Variance A21-21 (Szabo) Eric Gilbert, Senior Planner, Oxford County, appeared before Council to provide an overview of the application. Staff recommend approval of the application. Opportunity was provided for comments and questions from Council. Staff confirmed the applicant does not require relief for lot coverage. The applicant was not in attendance. No members of the public appeared before Council either in support or opposition to the application. Resolution # 2021-471 Moved By: Councillor Esseltine Seconded By: Deputy Mayor Beres THAT the Committee of Adjustment approve Application File A21-21, submitted by John Szabo (Ken and Jody Shelley), for lands described as Lot 101 and Part Lots 93 & 94, Plan 41M-145, Town of Tillsonburg, as it relates to: 1. Relief from Section 6.2 - R1 Zone Provisions - Rear Yard, to reduce the minimum required rear yard depth from 12 m (39.3 ft) to 4.9 m (16 ft) to facilitate an addition to the rear of the existing single detached dwelling. Page 6 of 56 4 Subject to a building permit for the proposed addition be issued within one year of the date of Committee’s Decision. Carried Resolution # 2021-472 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council move out of the Committee of Adjustment and move back into regular Council session at 4:42 p.m. Carried 5.3 Applications for Official Plan Amendment, Draft Plan of Subdivision and Zone Change OP 21-11-7, SB 21-06-7 & ZN 7-21-09 (Ambrus) Eric Gilbert, Senior Planner, Oxford County, appeared before Council to provide an overview of the application. Staff recommend approval in principal of the zone change, and recommend support of the official plan amendment and draft plan of subdivision subject to the conditions of draft approval. The official plan amendment and draft plan of subdivision will proceed to Oxford County Council for consideration at their meeting on November 10, 2021. Opportunity was provided for comments and questions from Council. Staff confirmed that phase one of the proposed development includes properties fronting onto Cranberry Road. The agent Andrew Gilvesy, CJDL Engineering, and the owner George Ambrus, were present to provide support for the application. Staff confirmed there will be a connection to the Trans Canada Trail. There was discussion regarding the Cranberry Road reconstruction. No members of the public appeared before Council either in support or opposition to the application. Resolution # 2021-473 Moved By: Councillor Gilvesy Seconded By: Councillor Parker Page 7 of 56 5 THAT Council approve in principle the zone change application (File No. ZN 7-21-09) submitted by George and Clara Ambrus, for lands legally described as Part of Lot 4, Concession 10 (Dereham) in the Town of Tillsonburg, to rezone the lands Special Low Density Residential Type 2 Holding Zone, Neighbourhood Commercial Zone, and Passive Use Open Space Zone, to facilitate the proposed draft plan of subdivision; AND THAT Council advise County Council that the Town supports the application to amend the County Official Plan (File No. OP 21-11-7), submitted by George and Clara Ambrus, for lands legally described as Part of Lot 4, Concession 10 (Dereham), in the Town of Tillsonburg, to redesignate the subject lands from ‘Medium Density Residential’ to ‘Low Density Residential’, to facilitate a draft plan of subdivision consisting of lots for 49 single detached dwellings, a neighbourhood commercial block and a stormwater management block; AND THAT Council advise County Council that the Town supports the application for draft plan of subdivision, File No. SB 21-06-7, submitted by George and Clara Ambrus, for lands legally described as Part of Lot 4, Concession 10 (Dereham), in the Town of Tillsonburg, consisting of 49 lots for single-detached dwellings, one block for neighbourhood commercial purposes, a stormwater management block, one new local street, subject to the conditions of draft approval included in staff report CP 2021-372. Carried 5.4 Applications for Draft Plan of Subdivision and Zone Change SB 21- 11-7 & ZN 7-21-11 (Performance Communities Realty Inc. & Lindprop Corporation) Eric Gilbert, Senior Planner, Oxford County, appeared before Council to provide an overview of the application. Staff recommend approval in principal of the zone change, and recommend support of the draft plan of subdivision subject to the conditions of draft approval. Opportunity was provided for comments and questions from Council. It was asked why the drawings are not complete. Staff no ted that the blocks are large enough that they can be subdivided carefully without requiring further relief. Page 8 of 56 6 It was asked if the recommendation of the Building and By-Law department to increase the maximum driveway width to 65% would be addressed. Staff confirmed the draft zoning by-law amendment will include this recommendation. Staff noted that adequate amenity area would be the percentage of landscape open space as required by the R3 zone. Staff noted that mixed housing can provide different affordability measures in the same subdivision. The agent, Peter Penner, appeared before Council to provide support for the application. The agent indicated the intent of the development is similar to the Northcrest Phase 1 and 2 developments. The agent noted that the developer is proposing to provide 9% parkland which is over the required 5%. No members of the public appeared before Council either in support or opposition to the application. Concerns were noted about proceeding without an EIS study. Staff confirmed that an EIS study is not required for this phase. The next draft plan of subdivision would require the EIS study to be submitted. Resolution # 2021-474 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council approve in principle the zone change application (File No. ZN 7-21-05) submitted by Performance Communities Realty Inc & Lindprop Corporation, for lands legally described as Part Lots 4 & 5, Concession 10 (Dereham), in the Town of Tillsonburg, to rezone the lands Special Low Density Residential Type 3 Holding Zone, Medium Density Residential Holding Zone, Passive Use Open Space Zone, & Active Use Open Space Zone to facilitate the proposed draft plan of subdivision; AND THAT the Council of the Town of Tillsonburg advise County Counci l that the Town supports the application for approval of draft plan of subdivision, File No. SB 21-11-7, submitted by Performance Communities Realty Inc & Lindprop Corporation, for lands legally described as Part Lots 4 & 5, Concession 10 (Dereham), 16 blocks for future residential development, three stormwater management blocks, and a parkland Page 9 of 56 7 block, served by 6 new local streets, subject to the conditions of draft approval included in staff report CP 2021-373. Carried 5.5 Applications for Official Plan Amendment, Draft Plan of Subdivision and Zone Change OP 20-09-7 & SB 20-02-7 & ZN 7-20-06 (2407774 Ontario Ltd.) Eric Gilbert, Senior Planner, Oxford County, appeared before Council to provide an overview of the application. Staff recommend approval in principal of the zone change, and recommend support of the official plan amendment and draft plan of subdivision subject to the conditions of draft approval. The official plan amendment and draft plan of subdivision will proceed to Oxford County Council for consideration at their meeting on November 10, 2021. Opportunity was provided for comments and questions from Council. Staff confirmed the applicant provided a traffic study on Baldwin Street; being that it is an arterial road there are no expected traffic concerns. Staff noted that a tree saving plan cannot be developed until the grading plan is complete. A condition has been included requiring a tree plan to save vegetation where possible. Staff were asked to provide an overview of the process in the event that Council denies the application. The agent, Andrew Gilvesy, CJDL Engineering, representatives of the applicant, Kirby Heckford and Dominic Bradley, Tillsonburg Development Inc, and representative of the owner, Pat Carrol, 2407774 Ontario Limited, were present to provide support for the application. The representative of the owner was asked to provide reasoning for this application. Mr. Carrol noted that the golf course has struggled to operate at 18 holes and that the proposed development will help support the golf course that would continue to operate with 12 holes. The course would still offer 18 holes by playing 6 holes over. It was asked how long the development would take to complete. Mr. Gilvesy noted that pending all necessary approvals construction could begin as early as September 2022 with occupancy as early as Spring Page 10 of 56 8 2023. The entire development would take roughly four years to be completed. There was discussion about the storm water management area that would be retained by the golf course. There was discussion regarding the toboggan hill. Richard Van Maele, 8 Bridle Path, was present to note his concerns about drainage and potential impact on adjacent existing properties. Staff noted that grading plans would be reviewed by both To wn staff and the LPRCA. Staff were asked to explain the process in the event that an adjacent property was impacted by the development. Staff confirmed that the golf course did exchange lands to meet debt obligations years ago and that there are no covena nts restricting development of the subject lands. No other members of the public appeared before Council either in support or opposition to the application. Resolution # 2021-475 Moved By: Councillor Luciani Seconded By: Councillor Esseltine THAT Council approve in principle the zone change application (File No. ZN 7-20-06) submitted by 240774 Ontario Limited, for lands legally described as Part Lot 1594, Plan 500, Parts 1, 2, 5 & 6 of 41R -8700, Parts 1 & 2 of 41R-7400, in the Town of Tillsonburg, to rezone the lands Special Low Density Residential Type 2 Holding Zone, Special Low Density Residential Type 3 Holding Zone, Passive Use Open Space Zone, and Active Use Open Space Zone to facilitate the proposed draft plan of subdivision; AND THAT Council advise County Council that the Town supports the application to amend the Official Plan (File No. OP 20-09-7), submitted by 240774 Ontario Limited, for lands legally described as Part Lot 1594, Plan 500, Parts 1, 2, 5 & 6 of 41R-8700, Parts 1 & 2 of 41R-7400, in the Town of Tillsonburg, to redesignate the subject lands from ‘Open Space’ to ‘Low Density Residential’, to facilitate a draft plan of subdivision consisting 65 lots for single detached dwellings, and 7 blocks for street-fronting townhouses, totaling 24 units; Page 11 of 56 9 AND THAT Council advise County Council that the Town supports the application for draft plan of subdivision, File No. SB 20-02-7, submitted by 240774 Ontario Limited, for lands legally described as Part Lot 1594, Plan 500, Parts 1, 2, 5 & 6 of 41R-8700, Parts 1 & 2 of 41R-7400, in the Town of Tillsonburg, consisting of 65 lots for single detached dwellings, and 7 blocks for street-fronting townhouses, totaling 24 units, subject to the conditions of draft approval as included in staff report CP 2021 -371. Councillor Luciani called for a recorded vote. Councillor Luciani - Yes Councillor Parker - No Councillor Rosehart - Yes Deputy Mayor Beres - Yes Councillor Esseltine - Yes Councillor Gilvesy - Yes Mayor Molnar - Yes Carried 6. Planning Reports 7. New Business 8. Motions/Notice of Motions 9. By-Laws 10. Confirm Proceedings By-law Resolution # 2021-476 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT By-Law 2021-114, to Confirm the Proceedings of the Council Planning meeting held on November 1, 2021, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 11. Adjournment Page 12 of 56 10 Resolution # 2021-477 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Council Planning meeting of November 1, 2021 be adjourned at 7:23 p.m. Carried Page 13 of 56 Community Planning P. O. Box 1614, 21 Reeve Street Woodstock Ontario N4S 7Y3 Phone: 519-539-9800 Fax: 519-421-4712 Web site: www.oxfordcounty.ca Our File: A23-21 APPLICATION FOR MINOR VARIANCE TO: Town of Tillsonburg Committee of Adjustment MEETING: January 18, 2022 REPORT NUMBER: 2022-34 OWNER/ APPLICANT: Myda Holdings Inc. 3 Bidwell Street, Tillsonburg ON N4G 3T2 REQUESTED VARIANCES: 1. Relief from Section 5.1.1.4.1, i)- Regulations for Accessory Buildings and Structures, to increase the permitted height of a detached private garage from 4.5 m (14.8 ft) to 6.2 m (20.3 ft); 2. Relief from Section 5.1.1.4 – Regulations for Accessory Buildings and Structures – Lot Coverage, maximum for all accessory buildings and structures, to increase the maximum lot coverage for accessory buildings from 50 m2 (538 ft2) to 149 m2 (1,603 ft2). LOCATION: The subject property is described as Lot 1511, Plan 500, in the Town of Tillsonburg. The lands are located on the west side of Bidwell Avenue and east side of Coon Alley, and are municipally known as 7 Bidwell Street. BACKGROUND INFORMATION: COUNTY OF OXFORD OFFICIAL PLAN: Schedule ‘T-1’ Town of Tillsonburg Land Use Plan Entrepreneurial District TOWN OF TILLSONBURG ZONING BY-LAW : Residential Entrepreneurial Zone (EC-R) Page 14 of 56 File Number: A23-21 Report Number 2022-34 Page 2 SURROUNDING USES: Surrounding land uses fronting on Bidwell Street and Coon Alley, including duplexes, single detached dwellings and professional offices. COMMENTS: (a) Purpose of the Application: The applicants are requesting relief from the above-noted sections of the Town Zoning By-law to facilitate the construction of an oversized detached accessory building on the subject property. The proposed accessory building will be two stories in height, is proposed to be located to the west of the duplex, and will have an area of 149 m2 (1,603 ft2). The ground floor will be used as a 3 car garage, and an upper level will be used for storage purposes. The subject lands have an approximate area of 886.25 m2 (9,539.5 ft2) and contain an existing duplex dwelling, with an approximate area of 213 m2 (2,293 ft2). The subject property and adjacent property to the south do not have driveway access to Bidwell Street; vehicular access is through the rear on Coon Alley. Access to the accessory building is proposed through the adjacent property to the south at 3 Bidwell Street, also owned by the applicant. Plate 1, Location Map with Existing Zoning, shows the location of the subject property and the existing zoning in the immediate vicinity. Plate 2, 2020 Aerial Map, provides an aerial view of the subject property. Plate 3, Applicant’s Site Plan, depicts the proposed location and size of the accessory dwelling. Plate 4, Proposed Design, depicts the proposed appearance for the accessory building. Plate 5, Site Access Drawing, depicts how the proposed accessory building will be accessed from the adjacent property located at 3 Bidwell Street. (b) Agency Comments: The application was circulated to a number of public agencies. The following comments were received from the agency circulation: Town of Tillsonburg Building Services provided the following comments: A building permit will be required for the proposed accessory building. Accessory building will be accessed from 3 Bidwell and therefore will require an access easement to be established. If approved, a conditional building permit will be required to ensure access easement is in place for the proposed accessory building. The easement will be required to be established prior to occupancy be granted for the proposed new structure. Page 15 of 56 File Number: A23-21 Report Number 2022-34 Page 3 The Downtown Tillsonburg BIA, Town Development Commissioner, and Oxford County Public Works Department indicated that they have no comments respecting the proposal. (c) Public Consultation: Public Notice was provided to surrounding property owners on January 6, 2022 in accordance with the requirements of the Planning Act. As of the writing of this report, no comments or concerns had been received from the public. (d) Intent and Purpose of the Official Plan: The subject property is designated as Entrepreneurial District according to the Official Plan. The Plan states that Entrepreneurial District areas are those lands which feature a range of commercial and business development opportunities through the conversion of existing residential dwellings and new development or redevelopment. It is intended that development in this District will result in a mixture of residential and non-residential land uses and permitted uses may include a range of low density residential uses, office uses, personal services, clinics, studios and commercial schools, as well as minor institutional uses and residential units in association with a commercial, institutional or business use. The use of the lands for a duplex dwelling and accessory building conforms to the ‘Low Density Residential’ policies of the Official Plan. (e) Intent and Purpose of the Zoning By-law: The subject property is zoned ‘Residential Entrepreneurial Zone (EC-R)’, which permits the development of a wide range of residential uses including a single detached dwelling, duplex dwelling, apartment dwelling, multiple unit dwelling, nursing home, townhouse dwelling, and a business or professional office (converted) and medical clinic (converted). The purpose of the EC-R zoning is to ensure that development within these areas is either predominantly residential, or small-scale commercial uses that are carried out within conversions of residential buildings. For residential accessory buildings, the maximum permitted lot coverage is 50 sq m (538 ft2) or 10% of lot area, whichever is the lesser, and the maximum permitted height is 4.5 m (14.8 ft) for lots that do not contain an attached private garage. The applicant proposes to construct a 3 – car garage with a gross floor area of 149 m2 (1,603 ft2), and a maximum height of 6.2 m (20.3 ft). The intent of the maximum gross floor area and maximum height provisions for residential accessory buildings is to ensure that they remain at a compatible scale with surrounding residential development, and that they remain accessory and subordinate to the principal residential use of the property. Planning staff are of the opinion that although the size and height of the building is larger than what would be typically permitted in a residential context, the subject property would appear to be large enough to accommodate the accessory building. The EC-R zone also permits a number of different building types and heights; as such the proposed accessory building will not be out of character with existing and planned development in the vicinity. Page 16 of 56 File Number: A23-21 Report Number 2022-34 Page 4 (f) Desirable Development/Use: It is the opinion of this Office that the applicant’s request can be considered minor and desirable for the development of the subject property. In this case, it is noted that the subject property appears to be large enough to accommodate the proposed accessory building, with adequate space for drainage and amenity areas remaining for the principal residential use (duplex dwelling). Although the size and height of the structure is larger than what would typically be permitted for residential properties, the subject property is in the Entrepreneurial District which does permit a broader range of uses, and buildings of different types and sizes. As such, the proposed size and height and design of the accessory building will not be out of character with existing development in the area and staff are of the opinion that the proposed accessory building will be compatible with surrounding development. With respect to the proposed access to the accessory building, it is noted that the property does not have direct access to Bidwell Street and instead has access from Coon Alley. The property to the south at 3 Bidwell St is also owned by the applicant and the proposed accessory building will be used and accessed through the 3 Bidwell Street property. To ensure access to the accessory building in the event that either property is sold, it is recommended that an access easement be established to ensure that the access is preserved. The Town Building Department has indicated that they are prepared to issue a conditional building permit, with occupancy only being granted once the access easement has been granted by the Oxford County Land Division Committee. In light of the foregoing, it is the opinion of this Office that the requested relief is in keeping with the general intent and purpose of the Official Plan and Town Zoning By-law and can be given favourable consideration. Page 17 of 56 File Number: A23-21 Report Number 2022-34 Page 5 RECOMMENDATION: That the Town of Tillsonburg Committee of Adjustment approve Application File A23-21, submitted by Myda Holdings Inc, for lands described Lot 1511, Plan 500, Town of Tillsonburg, as it relates to: 1. Relief from Section 5.1.1.4.1, i) - Regulations for Accessory Buildings and Structures, to increase the permitted height of a detached private garage from 4.5 m (14.8 ft) to 6.2 m (20.3 ft); 2. Relief from Section 5.1.1.4 – Regulations for Accessory Buildings and Structures – Lot Coverage, maximum for all accessory buildings and structures, to increase the maximum lot coverage for accessory buildings from 50 m2 (538 ft2) to 149 m2 (1,603 ft2). Subject to the following conditions: i. A building permit for the proposed accessory building shall be issued within one year of the date of the Committee's decision; ii. The applicant shall enter into an agreement between the properties at 7 Bidwell St and 3 Bidwell St respecting access to the proposed accessory building. As the proposed variances are: (i) deemed to be minor variances from the provisions of the Town of Tillsonburg Zoning By- law No. 3295; (ii) desirable for the appropriate development or use of the land; (iii) in-keeping with the general intent and purpose of the Town of Tillsonburg Zoning By-law No. 3295; and (iv) in-keeping with the general intent and purpose of the Official Plan. Authored by: "Original Signed By" Eric Gilbert, MCIP, RPP Senior Planner Approved for submission by: "Original Signed By" Gordon K. Hough, RPP Director Page 18 of 56 January 4, 2022 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) Subject Lands Plate 1 - Location Map with Existing Zoning File No.: A23-21- Myda Holdings Inc Lot 1511, Plan 500- 7 Bidwell Street, Town of Tillsonburg Prospect Street Bidwell Street London Street W Page 19 of 56 January 4, 2022 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) Plate 2 - 2020 Aerial Map File No.: A23-21- Myda Holdings Inc Lot 1511, Plan 500- 7 Bidwell Street, Town of Tillsonburg Subject Lands Bidwell Street Coon Alley Additional Lands Owned by the Applicant Page 20 of 56 Plate 3 - Applicant's Site Plan File No.: A23-21- Myda Holdings Inc Lot 1511, Plan 500- 7 Bidwell Street, Town of Tillsonburg Page 21 of 56 Plate 4 - Proposed Design File No.: A23-21- Myda Holdings Inc Lot 1511, Plan 500- 7 Bidwell Street, Town of Tillsonburg Page 22 of 56 Plate 4 - Proposed Design File No.: A23-21- Myda Holdings Inc Lot 1511, Plan 500- 7 Bidwell Street, Town of Tillsonburg Page 23 of 56 Plate 4 - Proposed Design File No.: A23-21- Myda Holdings Inc Lot 1511, Plan 500- 7 Bidwell Street, Town of Tillsonburg Page 24 of 56 Plate 4 - Proposed Design File No.: A23-21- Myda Holdings Inc Lot 1511, Plan 500- 7 Bidwell Street, Town of Tillsonburg Page 25 of 56 Plate 4 - Proposed Design File No.: A23-21- Myda Holdings Inc Lot 1511, Plan 500- 7 Bidwell Street, Town of Tillsonburg Page 26 of 56 Plate 4 - Proposed Design File No.: A23-21- Myda Holdings Inc Lot 1511, Plan 500- 7 Bidwell Street, Town of Tillsonburg Page 27 of 56 Plate 5 - Site Access Drawing File No.: A23-21- Myda Holdings Inc Lot 1511, Plan 500- 7 Bidwell Street, Town of Tillsonburg Page 28 of 56 Page 29 of 56 Page 30 of 56 Page 31 of 56 Page 32 of 56 Page 1 of 4 Report No: CP 2022-35 COMMUNITY PLANNING Council Date: January 18, 2022 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community Planning Application for Zone Change ZN 7-21-17 – Landmark Homes REPORT HIGHLIGHTS The application for zone change proposes to remove the holding provision from a number of lots in the Oak Park Estates subdivision. The appropriate servicing works and development agreements have been completed. Removal of the holding provision will allow for the issuance of building permits. The current phase consists of 28 vacant lots and the Sycamore Street, between Beech Boulevard and William Street. Planning staff are recommending approval of the application, as sufficient water and wastewater capacity is available for the development, and all necessary development agreements have been completed. DISCUSSION Background OWNER: Landmark Homes Inc. Akhtar Syed 130 Guelph Avenue, Cambridge ON, N3C 1A4 APPLICANT: Trevalli Homes Ltd. 35 Harvard Road, P.O. Box 21009, Guelph ON, N1G 3A0 LOCATION: The subject lands are described as Lots 45-47, Plan 41M-143 & Lots 78-92, Plan 41M-144 in the Town of Tillsonburg. The subject properties have frontage on Sycamore Drive, between Beech Boulevard and William Street. The subject lands are municipally known as 3, 5, 7-33 Sycamore Drive in the Town of Tillsonburg. Page 33 of 56 Report No: CP 2022-35 COMMUNITY PLANNING Council Date: January 18, 2022 Page 2 of 4 COUNTY OF OXFORD OFFICIAL PLAN: Schedule “T-1” Schedule “T-2” Town of Tillsonburg Land Use Plan Town of Tillsonburg Residential Density Plan Residential Low Density Residential TOWN OF TILLSONBURG ZONING BY-LAW NO. 3295: Existing Zoning: Special Low Density Residential – Type 1A Holding Zone (R1A-23-H) Proposed Zoning: Special Low Density Residential – Type 1A Zone (R1A-23) PROPOSAL: The purpose of the application for Zone Change is to remove a holding provision on the subject lands to allow for the development of single detached dwellings. The subject lands are comprised of 28 vacant lots within the Oak Park Estates subdivision, which was registered in 1994. Surrounding land uses are mainly comprised of vacant residential lands to the south, with existing single detached dwellings to the north and east, and agricultural lands to the west, located in the Township of South-West Oxford. Appropriate development agreements have been completed and the subdivision agreement has been executed and the owner has now requested that the holding provision on the lands be lifted to allow for the issuance of building permits for the lands within this phase. Plate 1, Location Map with Zoning, shows the location of the subject property and the existing zoning in the immediate vicinity. Plate 2, Applicant’s Sketch, shows the lots that are subject to this application. Application Review PROVINCIAL POLICY STATEMENT (PPS): 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. Section 1.1.1 provides 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, commercial and institutional uses), recreational and open space uses to meet long-term needs; and avoiding development and land use patterns which may cause environmental or public health and safety concerns. Page 34 of 56 Report No: CP 2022-35 COMMUNITY PLANNING Council Date: January 18, 2022 Page 3 of 4 OFFICIAL PLAN: The subject lands are designated ‘Residential’ and ‘Low Density Residential’ according to the Land Use Plan and Residential Density Plan for the Town of Tillsonburg, as contained in the Oxford Official 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 both executive and smaller single-detached dwellings, semi-detached, duplex and converted dwellings, street-fronting townhouses and other, similar development. Within areas designated Low Density Residential, it is intended that there will be a mixing and integration of different forms of housing to achieve a low overall density of use. The policies of Section 8.2 (Town of Tillsonburg Housing Development and Residential Areas) promote the accommodation of 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. TOWN OF TILLSONBURG ZONING BY-LAW: The subject property is currently zoned ‘’Low Density Residential – Type 1A Holding Zone (R1A- 23 H)’, according to the Town of Tillsonburg Zoning By-law. Permitted uses within the ‘R1A-23 (H)’ zone include a single detached dwelling, once the holding provision is removed. The intent of the holding provision is to ensure that all appropriate development agreements are in place, required easements have been provided, and payment for servicing has been provided in advance of building permit issuance. Section 36 of the Planning Act governs the use of Holding Provisions. Holding provisions are typically used to ensure that technical or administrative matters are addressed prior to the intended use of a property being permitted. Removal of holding provisions does not require public notice or circulation of the application, and the only right to appeal lies with the applicant. In this instance, holding provisions were applied to ensure that appropriate development agreements are in place and adequate water and wastewater capacity is assigned to the development prior to the construction of dwelling units. The applicant proposes to remove the holding provision to allow the lands to be used for residential purposes. AGENCY COMMENTS: The application was circulated to various public agencies considered to have an interest in the proposal. The Town Building Services Department and Town Engineering Services Department indicated that they have no concerns with the request to remove the holding provision from the lands. The Oxford County Public Works Department indicated that they have no objection to the request, as there is adequate water and wastewater treatment capacity to service the proposed development. Page 35 of 56 Report No: CP 2022-35 COMMUNITY PLANNING Council Date: January 18, 2022 Page 4 of 4 Planning Analysis It is the opinion of this Office that the proposed zoning application is consistent with the policies of the Provincial Policy Statement and maintains the intent and purpose of the Official Plan, and can therefore be supported from a planning perspective. Oxford County Public Works Department have confirmed that there is sufficient water and wastewater capacity available to service the proposed development and Town staff have indicated that they have no objection to the removal of the holding provision as the appropriate development agreements have been completed and will be registered on the lands. It is Planning staff’s opinion that the request to remove the holding provision within this phase of the draft plan to allow for residential development in the form of single detached dwellings is appropriate from a planning perspective and can be given favourable consideration. A copy of the draft amending by-law is attached for Council’s consideration. RECOMMENDATION It is recommended that the Council of the Town of Tillsonburg approve the zone change application submitted by Landmark Homes (Trevalli Homes), whereby the lands described as Lots 45-47, Plan 41M-143 & Lots 78-92, Plan 41M-144, known municipally as 3, 5, 7-33 Sycamore Drive in the Town of Tillsonburg are to be rezoned to remove the Holding Provision from the lands. SIGNATURES Authored by: Eric Gilbert, MCIP, RPP Senior Planner Approved for submission: Gordon K. Hough, RPP Director Page 36 of 56 January 12, 2022 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 No. ZN 7-21-17- Landmark Homes Inc. (Trevalli Homes) Lots 45-47, Plan 41M-143, Lots 78-92, Plan 41M-144 - 3, 5, 7-12, 14-33 Sycamore Drive, Town of Tillsonburg Subject Properties R1A-23(H) Page 37 of 56 LANDS TO BE REZONED FROM THE R1A-23(H) TO R1A-23 ZONE SCHEDULE A TO BY-LAW NO. ______ OF THE TOWN OF TlLLSONBURG Plate 2: Applicant's Sketch File No. ZN 7-21-17- Landmark Homes Inc. (Trevalli Homes) Lots 45-47, Plan 41M-143, Lots 78-92, Plan 41M-144 - 3, 5, 7-12, 14-33 Sycamore Drive, Town of Tillsonburg Page 38 of 56 ZN 7-21-17 22-Nov-21 8-32 & 3-33 Sycamore Drive 000250236-248 & 000250406-420 Page 39 of 56 Page 40 of 56 Page 41 of 56 Page 42 of 56 Report No: CP 2022-07 COMMUNITY PLANNING Council Date: January 18, 2022 Page 1 of 11 To: Mayor and Members of Town of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community Planning Implementation of Provincial Direction on Additional Residential Units (ARUs) REPORT HIGHLIGHTS The Province has recently completed updates to various legislation and policies to require municipalities to establish Official Plan policies and Zoning provisions to allow for the establishment of an ‘additional residential unit’ in single detached, semi-detached and row- house dwellings and/or in a structure ancillary to such dwellings. This report provides an overview of this new Provincial direction with respect to such units (e.g. Planning Act provisions and PPS policies) and related land use planning and implementation considerations, including the need to review and amend the Official Plan policies and Zoning By-law provisions for the Town to reflect this provincial direction. Planning staff are seeking direction from the Town as to how they would like to proceed with the review of these planning documents to ensure they comply with the current Provincial direction on ‘additional residential units’ and provide clear and up to date direction with respect to where such units are permitted in the Town, and what standards apply. DISCUSSION Purpose and Background Over the last few years, there have been a number of amendments to Provincial legislation and policy to place a much stronger focus on increasing housing availability, choice and affordability as a matter of Provincial interest. One of the key ways the Province has chosen to further this interest is by requiring municipalities to enact Official Plan policies and Zoning provisions to allow for the establishment of ‘additional residential units (ARUs)’ in certain lower density housing types and removing a number of perceived barriers to the establishment of such units (e.g. exemption from development charges, streamlining building code requirements, limiting the ability to appeal implementing policies and zone provisions and dictating certain standards and requirements for such units). This new Provincial direction on ARUs was largely provided through Bill 108 - More Homes, More Choice Act, which was passed on June 6, 2019. Among other changes, the Bill amended the Planning Act to direct municipalities to enact Official Plan policies and Zoning provisions to allow for the establishment of an ARU in a single detached, semi-detached or row house dwelling and within a building or structure ancillary to such dwellings. Page 43 of 56 Report No: CP 2022-07 COMMUNITY PLANNING Council Date: January 18, 2022 Page 2 of 11 Accompanying Planning Act regulations (O. Reg. 299/19) also came into effect on Sept. 3, 2019, which now dictate a number of requirements and standards with respect to ARUs (e.g. number and type of parking spaces required, removing the ability to regulate the date of construction and who may occupy the principal and/or additional unit). The Provincial Policy Statement (PPS) was also amended in early 2020 to include specific policy references to ‘additional residential units’. Since this new Provincial direction on ARUs was announced, Planning staff have received numerous inquiries about the process and requirements for establishing such units in Tillsonburg as well as in other municipalities in Oxford County. Further, applications for zone change have been recently submitted to allow for the establishment of an additional dwelling unit in an existing dwelling (e.g. in accordance with the existing Official Plan policies for converted dwellings) in areas where they are not currently permitted ‘as of right’ or where zone provisions required variances to enable converted dwellings. Like many other municipalities, the Official Plan policies and Zoning provisions in Oxford have not yet been updated to reflect the most recent Provincial direction with respect to ARUs. This has resulted in some uncertainty and a number of questions/concerns from Town staff with respect to where such units should be permitted and what standards should apply. That said, with the necessary Provincial legislation and policy direction for ARUs now fully in effect, Planning staff are in a position to undertake the necessary updates to the local policies and provisions pertaining to such units. As such, the purpose of this report is to: Provide an overview of the current Provincial requirements with respect to ARUs and associated planning considerations; Outline the process for reviewing and updating the Town’s policies and Zoning provisions with respect to such units to ensure they are consistent with current Provincial requirements and provide clear and up to date direction for the establishment of such units in the Town; and Obtain Council direction on how the Town wants to proceed with such a review process. Comments The following commentary provides an overview of the current legislative and policy framework that applies to ARUs, as well as related land use planning and implementation considerations. PLANNING ACT The Planning Act provisions require that Official Plans shall contain policies that authorize the use of additional residential units by authorizing: The use of two residential units in a detached house, semi-detached house or rowhouse; and The use of a residential unit in a building or structure ancillary to a detached house, semi- detached house or rowhouse. Page 44 of 56 Report No: CP 2022-07 COMMUNITY PLANNING Council Date: January 18, 2022 Page 3 of 11 The Act also requires that each local municipality ensure that their Zoning bylaws give effect to the policies described above. The Planning Act does not specifically define ‘additional residential units’. It is important to note that the Planning Act restricts appeals of ARU official plan policies and zoning by-law provisions so that only the Minister of Municipal Affairs and Housing has the right to appeal municipal decisions on such matters to the Local Planning Appeal Tribunal (LPAT). Therefore, any new policies and/or zoning provisions approved by County/Town Council can only be appealed by the Minister. The accompanying Planning Act regulations (O. Reg. 299/19) set out a number of specific requirements and standards with respect to additional residential units, as follows: Each additional residential unit shall have one parking space that is provided and maintained for the sole use of the occupant of the additional residential unit and it may be a tandem space; An additional residential unit may be occupied by any person regardless of whether the person who occupies the additional residential unit is related to the person who occupies the primary residential unit and whether the person who occupies either the primary or additional residential unit is the owner of the lot; Where the use of additional residential units is authorized, an additional residential unit is permitted, regardless of the date of construction of the primary residential unit. 2020 PROVINCIAL POLICY STATEMENT The 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. The 2020 amendments to the Provincial Policy Statement (PPS), introduced a number of new and updated policies intended to increase the supply and mix of housing, including: Requiring that a range of ‘housing options’ and densities are to be planned for in order to meet projected housing demand; Added references to the terms ‘affordable and market-based/market demand’ to the policies pertaining to the determination of housing need; Requiring that planning decisions be aligned with Housing and Homelessness Plans; and Adding specific references to the term ‘additional residential units’ in the housing policies. There are two sections of the PPS that specifically refer to the term additional residential units: Section 1.1 Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns – As per Section 1.1.1 of the PPS, healthy, livable and safe communities are sustained by: accommodating an appropriate affordable and market-based range and mix of residential types (including single-detached, additional residential units, multi-unit housing, affordable housing and housing for older persons), employment (including industrial and commercial), institutional (including places of worship, cemeteries and Page 45 of 56 Report No: CP 2022-07 COMMUNITY PLANNING Council Date: January 18, 2022 Page 4 of 11 long-term care homes), recreation, park and open space, and other uses to meet long- term needs; Section 1.4 Housing - Planning authorities shall provide for an appropriate range and mix of housing options and densities to meet projected market-based and affordable housing needs of current and future residents of the regional market area by permitting and facilitating all types of residential intensification, including additional residential units, and redevelopment in accordance with policy 1.1.3.3. The Provincial Policy Statement, similar to the Planning Act, does not offer a definition of Additional Residential Unit, but rather includes the term within definitions of “Housing Options” and “Residential Intensification” definitions as follows. Housing Options - means a range of housing types such as, but not limited to single- detached, semi-detached, rowhouses, townhouses, stacked townhouses, multiplexes, additional residential units, tiny homes, multi-residential buildings. The term can also refer to a variety of housing arrangements and forms such as, but not limited to life lease housing, co-ownership housing, co-operative housing, community land trusts, land lease community homes, affordable housing, housing for people with special needs, and housing related to employment, institutional or educational uses. Residential Intensification - includes the conversion or expansion of existing residential buildings to create new residential units or accommodation, including accessory apartments, additional residential units, rooming houses, and other housing options. When the new PPS was released, Planning staff had requested that the Province consider establishing a definition through future Provincial guidelines to clarify that the intent of such dwelling units is to increase the supply of affordable rental housing and that such units are to be clearly secondary to the primary dwelling unit on the property. However, there has been no indication of any Provincial action in this regard to date. OFFICIAL PLAN: The Official Plan does not currently contain policies that specifically address the current Provincial direction with respect to ARUs. However, the Plan does contain policies that permit Town Council to zone areas or properties to permit single detached, semi-detached and townhouse dwellings to be converted into two residential units and to be converted into more than two units, if a number of criteria can be met, including: that the area is characterized by a mixture of dwelling types; lot sizes are generally sufficient to accommodate the required parking without detracting from the visual character of the area; and the existing dwellings are generally of sufficient size to accommodate the creation of additional dwelling units. The policies further state that the Zoning By-law may limit the number of units that may be contained in a converted dwelling and specify minimum lot or dwelling size requirements for conversion. To maintain the external character of the dwelling, the Zoning By-law may also limit the extent of structural changes or additions that may be permitted. In addition, the policies state that converted dwellings with more than two dwelling units may be subject to site plan control. Page 46 of 56 Report No: CP 2022-07 COMMUNITY PLANNING Council Date: January 18, 2022 Page 5 of 11 The Plan also contains policies with respect to rear yard infilling in residential areas which allow for various forms of residential development in a rear yard including, but not limited to, the construction of a residential structure behind a building facing a street, the conversion of secondary structures for residential purposes and establishment of a granny flat or garden suite. A number of criteria are provided for evaluating such forms of development, including: the nature of the proposed development will be evaluated having regard to the type of housing found in the surrounding residential neighbourhood; the exterior layout in terms of height, bulk, scale and layout of the proposed building is consistent with the present land uses in the area; the siting of any buildings and parking areas in relation to the size, configuration and topography of the lot is such that the effect on light, view and privacy of adjacent yards is minimal; direct vehicular access to a public street is required and driveways will have sufficient width to allow efficient vehicular use and turning of both private and emergency vehicles and to provide snow storage; and such development may be subject to site plan control. These existing Official Plan policies already allow Town Council to zone properties or areas to allow for the establishment of an additional residential unit in a single detached, semi-detached or townhouse dwelling and/or in an ancillary structure on a residential property, in a similar manner to the current Provincial direction on ARUs. These policies provide the general framework for the incorporation of specific ARU policies into the Official Plan. However, they will still require further review and amendment to ensure they clearly reflect current Provincial direction on ARUs, including ensuring they specifically reference the term Additional Residential Units and direct that the Area Municipalities must establish Zoning to authorize the use of ARUs in accordance with the applicable Planning Act requirements and Official Plan policies. That said, it is expected that any updated policies would still provide flexibility for the Area Municipalities to establish Zoning provisions that provide more detailed local direction with respect to where such units could be located and what standards apply. TOWN OF TILLSONBURG ZONING BY-LAW : The above-noted policies of the Official Plan are implemented through the Town’s Zoning By-law. Lands zoned ‘Residential Type 1 Zone (R1)’ in the By-law permit only a single-detached dwelling and are subject to varying lot area provisions which are related to the frontage of a particular property. Any proposal for a converted dwelling (i.e. a second unit) in an R1 Zone requires an amendment to the Town’s Zoning By-law. Converted dwellings, semi-detached and duplex dwellings as well as single-detached dwellings are permitted in the Town’s ‘Residential Type 2 Zone (R2)’ and are generally subject to lesser lot area and frontage requirements than the R1 Zone. Converted dwellings consisting of greater than 2 units as well as other forms of multi-unit residential development are permitted in the ‘Residential Type 3 Zone (R3)’. Planning staff are of the opinion that the current provisions of the Town’s Zoning By-law would benefit from a thorough review, together with the current Official Plan policy framework, to determine appropriate lot sizes (area and frontage) for ARU development, including consideration of provisions that would apply to the establishment of ARUs in buildings and structures other than Page 47 of 56 Report No: CP 2022-07 COMMUNITY PLANNING Council Date: January 18, 2022 Page 6 of 11 the residential dwelling (e.g. accessory buildings). Such review could also consider alternative measures that could be employed to regulate ARUs, including limiting the size of such units, the location of entrances, restricting the construction of additions for ARU development and the possible use of licencing for new ARUs. The current provisions of the Town’s Zoning By-law were established in 2008, however, many of these provisions (particularly related to lot depth and lot frontage) existed in the Town’s previous By-law, which was approved in 1977. With the recent Provincial direction regarding ARUs and affordable housing initiatives in general, a number of municipalities have embarked on Official Plan policy and zoning provision reviews that will assist in the Town’s consideration of appropriate measures related to where ARUs should be permitted. Planning Analysis Municipal implementation of the current Provincial direction with respect to ARUs would begin with review of the Official Plan which, as per the provisions of the Planning Act, must contain policies that authorize the use of an additional residential unit in a detached, semi-detached or row house dwelling and in a building or structure ancillary to such dwelling types. In Oxford, this would involve updating the Official Plan to include specific policies to enable and guide the establishment of ARUs in the each of the Area Municipalities, consistent with the applicable Planning Act and PPS direction. It is currently anticipated that these policies would be relatively high level, with the focus being on supporting and enabling the establishment of ARUs where appropriate, based on relevant planning considerations such as availability of water and wastewater services, avoiding hazard areas (e.g. flooding, erosion, unstable soil), protecting prime agricultural land and other natural resources, etc. Each of the Area Municipalities in the County would then be responsible for enacting Zoning By-Law provisions, and any other tools and measures they may feel are necessary, to implement the Provincial direction and Official Plan policies for ARUs at the local level and to establish the more detailed local requirements for such units. The following provides some further discussion on the general rationale for allowing the establishment of ARUs and related planning and implementation considerations. a) Rationale for Allowing ARUs The rationale typically provided (e.g. by the Province and others) for facilitating the establishment of ARUs is generally as follows: Increase supply of affordable housing – ARUs can provide an affordable rental housing option and assist with the costs of home ownership (e.g. by providing rental income). Increased supply of rental housing - ARUs can assist in increasing the supply of rental housing in a community and, thereby, the range of housing types and tenures needed to sustain a healthy, vibrant community that can accommodate a range and mix of households (e.g. different life/career stages, ages, size, income etc.). Page 48 of 56 Report No: CP 2022-07 COMMUNITY PLANNING Council Date: January 18, 2022 Page 7 of 11 Increased housing options and flexibility to address a range of housing needs - ARUs can provide an attractive option for singles and young professionals and those with extended families, aging parents, adult dependents, live-in caregivers etc. and can also provide flexibility to adjust to changing housing needs over time (e.g. as people age). Make more efficient use of existing housing stock – Neighbourhoods can transition over time and households be ‘over-housed’ for a variety of reasons. For instance, a larger home that may have been well suited for a young family with children and working incomes may become too large once their children move out and/or the occupants are on a fixed retirement income or lose a spouse. Allowing for a portion of the home to be converted into an ARU can help such families remain in their homes and neighbourhoods (i.e. not having to sell and downsize) by making use of their surplus floor space and providing a source of supplemental income while, at the same time, increasing the supply of housing in the community. Make more efficient use of land, infrastructure and public services - ARUs are often referred to as ‘soft’ or ‘hidden’ density, as they can assist in increasing the total number of households in an area with limited impact on the built character. Increasing the residential density in existing communities can assist in preserving agricultural land, making more efficient use of existing infrastructure (e.g. roads, sewers etc.) and public services (e.g. schools, parks, recreation facilities, public transit etc.) and supporting other local services (e.g. stores, restaurants, personal/health care services etc.). Planning staff’s current understanding is that the Provincial expectation is that such units will be largely permitted ‘as of right’ (i.e. subject to obtaining a building permit and complying with any applicable Zoning provisions) in single detached, semi-detached and townhouse dwellings in most fully serviced settlement areas, unless there is a clear planning basis for not doing so (e.g. presence of natural hazards or resources, servicing constraints or other PPS policy based rationale). That said, it is also understood that municipalities will be permitted to develop reasonable local standards and minimum requirements that will need to be met for such units to be established, particularly in cases where they are to be located in a building or structure ancillary to the primary dwelling. Based on a recent review of municipalities who have implemented or are in the process of implementing local direction on ARUs, it appears that such units are generally being allowed ‘as of right’ in the main dwelling in residential zones that permit a single detached, semi- detached or rowhouse dwelling, subject to complying with applicable zone provisions. In terms of permitting ARUs in accessory buildings the approach varies considerably. The only municipality within Oxford County that has formally initiated the process to establish a policy regime for ARUs is the City of Woodstock. In this regard, City Council have directed staff to establish policies and zone provisions that would initially limit the areas where ARUs may be established as of right to those residential areas that already permit multi-unit residential development (i.e. R2 and R3 zoned areas) and that additional areas for such development would be phased in based on the City’s monitoring of ARU development. That said, it should be noted that any local policies that are established with respect to ARUs will be reviewed by the Minister of Municipal Affairs and Housing to Page 49 of 56 Report No: CP 2022-07 COMMUNITY PLANNING Council Date: January 18, 2022 Page 8 of 11 determine whether they meet the Province’s intent with respect to enabling the establishment of such units. In this regard, the following section outlines some of the potential considerations that may help to inform the development of appropriate local standards and requirements for ARUs in the Town. b) Potential Implementation Considerations Potential land use and implementation issues that should be considered in the development of any local implementation approach for ARUs include, but are not necessarily limited to: Parking - Like other residential units, ARUs require parking. However, as noted above, Provincial regulations dictate that only one parking space may be required for an ARU and it may be provided as a tandem space (i.e. in front of or behind another space). Some potential options to help address concerns that may arise from this limitation include limiting the size/scale of the ARU, requiring adequate parking for the principle dwelling, ensuring adequate driveway width and parking space dimensions, reviewing on-street parking regulations, etc. Health and Safety – ARUs will need to meet various health and safety requirements, including compliance with any related Zoning By-law and Ontario Building Code provisions. At minimum, it is expected that new ARUs would be subject to the local building permit process, which will provide an initial opportunity for zoning and building/fire code review. That said, some municipalities have also established licensing/registration systems for such units to address concerns with health and safety standards being maintained after construction (e.g. to require post construction inspections and/or reporting etc.). Further, ARUs are generally not permitted in areas that are subject to flooding or other potential hazards. Servicing and infrastructure – Adequacy of infrastructure, particularly water and wastewater servicing infrastructure, will be a key factor in determining whether and where ARUs should be permitted. If a substantial number of ARUs were to be established in a particular area or community, it could significantly increase the demand on municipal water and wastewater services and potentially other infrastructure and public service facilities. This consideration will be of particular importance in smaller settlements with more limited servicing capacity. Affordable/Secondary in Nature – Although there are currently no specific planning or legal mechanisms to ensure such units are affordable, the general assumption appears to be that they will be affordable simply due to being relatively small size and secondary to the primary dwelling unit. Although the current Provincial direction (e.g. DC exemption, only one parking space etc.) and rationale for allowing such units seems to be predicated on this assumption, there does not appear to be anything in the implementing provincial legislation or policies that specifically references or mandates affordability or limits the size/scale of an ARU. Therefore, it will be important to establish appropriate local direction to ensure ARUs are secondary to the primary dwelling, limited in size and, to the extent possible, affordable. Some potential options may include: Page 50 of 56 Report No: CP 2022-07 COMMUNITY PLANNING Council Date: January 18, 2022 Page 9 of 11 Establishing a definition for ARUs to clearly indicate they are to be secondary to the principle dwelling, limited in size/scale and to differentiate dwellings with ARUs from other dwelling types (e.g. duplexes, semi-detached); Establishing limitations on unit size (e.g. maximum number of bedrooms, floor area and/or % of principle dwelling floor area etc.); Ensuring an ARU cannot be severed from the lot containing the principle dwelling (e.g. where permitted in a detached accessory structure) etc. Financial implications – ARUs are exempt from development charges (DCs), provided the gross floor area of the ARU is less than or equal to the gross floor area of the primary dwelling unit. Therefore, the costs associated with any increased demand on services (e.g. water and wastewater services, roads, emergency services, recreation facilities etc.) from such units cannot be recovered through DCs. If a large number of ARUs were to be established in a particular community (e.g. through conversions or becoming a standard builder option for new homes), it could potentially result in a substantial increase in demand for services. As such, the Town may wish to discuss any potential long term financial impacts with their DC consultant. Regardless, this consideration reinforces the importance of ensuring ARUs remain secondary in nature and limited in size/scale so that the potential for increased demand on infrastructure and public services is also limited. Locational considerations – There are a number of locational/context specific considerations that may impact whether and where it may be appropriate to allow for the establishment of ARUs and what requirements/review criteria may be necessary. These may include restricting the establishment of ARUs in areas subject to natural or environmental hazards, or in areas that may create land use compatibility concerns (e.g. in proximity to major facilities or industrial uses). Number of ARUs per lot - It may be reasonable to restrict the number of ARUs permitted on a lot for a number of reasons, including: Existing units and other uses on the property (e.g. multiple existing dwellings or a boarding/lodging house, garden suite, converted unit, home occupation, bed and breakfast etc.); Adequacy of servicing; Lot size (e.g. adequate area for parking, landscaping and amenity areas) etc. Maintaining Neighbourhood Character – There are a number of potential approaches that could be considered to help ensure such units do not detract from the built character of a property or area including, but not necessarily limited to: Not allowing additional driveways, restricting the width of driveways or proportion of a front yard that can be used for parking etc.; Requiring a minimum amount of landscaped area and/or amenity space to be maintained or provided; Limiting the extent of exterior alterations (e.g. building additions, decks, fire escapes, stairways, doorways etc.) and/or restricting in certain yards (e.g. so they are not visible from the street); Establishing minimum lot area, frontage and setbacks and/or maximum lot coverage requirements etc. Page 51 of 56 Report No: CP 2022-07 COMMUNITY PLANNING Council Date: January 18, 2022 Page 10 of 11 ARUs in accessory structures – The considerations related to allowing for an ARU in a structure accessory to the primary dwelling may differ considerably from those for an ARU to be located within a primary dwelling. As such, it is expected that there will be circumstances or areas where it may be appropriate to allow for an ARU to be established ‘as of right’ within a primary dwelling, but not in an accessory building, or to establish different review criteria or processes for the establishment of an ARU in an accessory structure versus within a primary dwelling. It is expected that many of these considerations can be at least partially addressed through appropriately crafted Official Plan policies and zoning provisions. However, there may be some that will require the consideration of additional implementation measures to effectively address. With respect to the public engagement and consultation, the required amendments to the Official Plan and Town’s Zoning By-Law are required to meet the statutory public notification requirements of the Planning Act, including posting notice of complete application and notice of public meeting in a local newspaper, Town and County websites, and considering the application in a statutory public meeting. If Council desires additional public engagement, direction should be provided to staff. Conclusions This report provides an overview of the legislative context and key planning considerations associated with the implementation of local direction on ARUs to serve as the initial basis for consultation with the Town to identify local concerns and preferred approaches and to obtain Council direction with respect to initiating review of the Town’s Official Plan policies and Zoning provisions to specifically address such units. Given the level of interest and recent questions and concerns that have arisen with respect to such units in Tillsonburg, the Town may wish to expedite review of their policies and Zoning By-Law provisions by initiating their own Official Plan amendment application, as well as an amendment to the Town’s Zoning By-law. Page 52 of 56 Report No: CP 2022-07 COMMUNITY PLANNING Council Date: January 18, 2022 Page 11 of 11 RECOMMENDATION It is recommended that Council of the Town of Tillsonburg receive Report No. CP 2022-07, as information; AND FURTHER, it recommended that the Council of the Town of Tillsonburg direct planning staff to initiate a review of the current legislative and policy framework the with respect to Additional Residential Units and authorize staff to initiate the necessary amendments to the Official Plan and Zoning By-Law to establish the Town’s requirements for such units. SIGNATURES Authored by: “Original signed by” Eric Gilbert, MCIP, RPP Senior Planner Approved for submission: “Original signed by” Gordon K. Hough, RPP Director Page 53 of 56 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2022-____ A By-Law to amend Zoning By-Law Number 3295, as amended. (ZN 7-21-17) WHEREAS the Municipal Council of the Corporation of the Town of Tillsonburg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Schedule "A" to By-Law Number 3295, as amended, is hereby amended by changing to ‘R1A-23’ the zone symbol of the lands so designated ‘R1A-23’ on Schedule “A” attached hereto. 2 This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. READ A FIRST AND SECOND TIME THIS 18th DAY OF JANUARY, 2022. READ A THIRD AND FINAL TIME AND PASSED THIS 18th DAY OF JANUARY, 2022. _______________________________ MAYOR – Stephen Molnar _______________________________ CLERK – Michelle Smibert Page 54 of 56 L O T 7 9L O T 8 0L O T 8 1L O T 8 2L O T 8 3L O T 8 4L O T 8 5L O T 8 6L O T 8 7L O T 8 8L O T 8 9L O T 9 0L O T 9 1L O T 9 2L O T 4 7L O T 4 6L O T 4 5 R E G I S T E R E D P L A N 4 1 M - 1 4 4 L O T 5 6L O T 5 5L O T 5 4L O T 5 3L O T 5 2L O T 5 1L O T 5 0L O T 4 9L O T 4 8L O T 5 735.00N10°45'55"WS.E. ANGLELOT 45,PLAN 41M-144 35.00N12°13'25"WN68°05'55"W12.52 N78°53'00"E 246.66 N78°53'00"E 233.68 N78°53'00"E 213.21 N78°53'00"E 213.43 N11°07'00"W32.66N11°07'00"W35.00L O T 7 8 R E G I S T E R E D P L A N 4 1 M - 1 4 3BEECHBLVDSYCAMORE DR SCHEDULE "A" LOTS 45 TO 57 (INCLUSIVE), REGISTERED PLAN 41M-144AND LOTS 78 TO 92 (INCLUSIVE), REGISTERED PLAN 41M-143TOWN OF TILLSONBURG AREA OF ZONE CHANGE TO R1A-23 NOTE: ALL DIMENSIONS IN METRES THIS IS SCHEDULE "A" MAYOR CLERK TO BY-LAW No. ________________, PASSED THE __________ DAY OF ____________, 2022 TO BY-LAW No.© 10 0 10 20 305 METRES Þ ÞPage 55 of 56 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2022-004 A BY-LAW to confirm the proceedings of Council at its meeting held on January 18, 2022. 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 18, 2022, 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. That this By-Law shall come into force and take effect on the date it is passed. READ A FIRST AND SECOND TIME THIS 18th DAY OF JANUARY, 2022. READ A THIRD AND FINAL TIME AND PASSED THIS 18th DAY OF JANUARY, 2022. _______________________________ MAYOR – Stephen Molnar _______________________________ CLERK – Michelle Smibert Page 56 of 56