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010813 Regular Council Meeting Minutes14 � MINUTES: Meeting for the Committee "Open Council" Review Access:* Public Q Private MINUTE Town -of OW me,,,,,eting. for the Gommttei Iv 24 08 01 > No. 1 Moved by Councillor Beres Seconded by Councillor Lewis AND RESOLVED THAT Town Council move into Executive Closed Session. "Carried" ADOPTION OF MINUTES > DJuly 30th, 2001 No. 2 Moved by Councillor Beres Seconded by Councillor Smith AND RESOLVED THAT the Minutes of Council under date of July 30th, 2001 be adopted. "Carried" ,oa•N ADOPTION OF AGENDA Page 1 MINUTES: Meeting for the Committee "Open Council" > No. 3 eo'`1 Moved by Councillor Beres Seconded by Councillor Smith AND RESOLVED THAT the Agenda as prepared for the Council Meeting of August 13th, 2001 be adopted. "Carried" DECLARATIONS - MUNICIPAL CONFLICT OF INTEREST ACT > None APPOINTMENTS/DELEGATIONS 1. Opposition to Proposed Valley Ridge Place Development on Balazs Court, Hickory Hills D Presented By: Mr. John Lawrence, Mr. Marcel J. Trepanier Representatives from the'Committee Opposed to High-rise Construction in Hickory Hills Retirement Community' will be present and a Petition will be presented opposing the construction of the 38 Suite Life Lease Building and suggesting an alternative plan for additional Life Lease Garden Homes. Mr. Joe Springall of 1 Balazs Court, representing a group of Hickory Hills residents opposing the six story building, appeared before Council. Those opposed are concerned about the quality of life for residents owning homes adjacent to this building and how much their property value will go down, and they want to know who will compensate them for this. Concerns were identified with respect to garbage, emergency vehicles, snow removal, parking, etc. Hickory Hills was promoted as a freehold deluxe detached and attached homes community, not land lease or condominiums There was no reference to an apartment of any size. Residents feel other more suitable sites are available within the Town limits, closer to the hospital and town core that should be considered. Over 400 Hickory Hills residents signed a petition opposing this six story apartment. They have no objection to the 8 Life Lease Garden homes. 18 Life Lease Garden Homes were suggested as an alternative. It was noted that the recreational facilities are already overburdened. They stated that they want only single family homes, and to maintain the reputation of one of the most desirable communities to live in. It was requested that Council rezone the property to Life Lease Garden Homes. Mayor Horton thanked Mr. Springall and stated that the Town of Tillsonburg, Council, and residents appreciate the Hickory Hills community and their involvement in the community as a whole. Council is open to work with them to continue to be a caring community and one we can all be proud of. The Mayor requested that Mr. Paul Michiels, County Planner, give an overview of Council's involvement. Mr. Michiels indicated that Hickory Hills was approved for primarily single family attached homes, with the provision for a 138 unit apartment building. Mr. Steve Smith, the developer, confirmed this. Mr. Smith noted that an application had previously come forward from Hickory Hills to turn all of the development into single family homes, and to eliminate the apartment building. Mr. Smith further noted that the Council of the day felt there should be some provision for an apartment building. Zoning is a County function, and it was also the County's position that there be provision for an apartment building. There were several meetings with the developer and Hickory Hills residents. The agreement that was reached provided for a mix of single family dwellings, garden homes, and a 38 unit apartment building, rather than a 138 unit apartment building. Mr. Smith pointed out that Council can not arbitrarily change the zoning on someone's property without due public process with input Aoft\ from everyone. Page 2 MINUTES: Meeting for the Committee "Open Council" e004) Mr. Michiels confirmed that Mr. Smith had provided accurate background information. Mr. Michiels added that the intention had always been for a range of choices, high density and single family dwellings. Mr. Michiels stated that, in his opinion, the County would not support an Official Plan amendment to lower the density in the area, and the only way the Official Plan could be amended would be by the owners agreeing, and an appropriate amendment application being submitted to the County. His opinion was that the outcome would be negative. Mr. John Larwrence, a resident on Balazs, expressed disappointment in a 6 story apartment building, after being told previously that it was unlikely even a 2 or 3 story apartment building would be erected. A Wilkins Street resident questioned why the County of Oxford was so adamant about not changing the zoning when so many residents were opposed. Mr. Michiels responded that the County is under Provincial policy to ensure a mix of dwelling types - even distribution throughout community. The County prefers to establish a higher / medium density originally, as there is always opposition to higher density rezoning if originally zoned low density. This is the reason for a public process. The County is hesitant to decrease density. Various residents spoke stating the proposed development was poor planning for the end of such a short street. They suggested the apartment building should have been built first, so that potential home owners were aware of the development of the area. The residents requested that Council, planning members, and County staff should look at rezoning the property to resolve the situation at hand. Mr. McCabe, a resident, asked Mr. Michiels if he was acting on policy brought in at the beginning, why can't the policy be changed, and stated that if the policy is a mix of high and low density, high density �,..� should be put in first. Mr. Michiels agreed that if the apartment had gone in first people would have been aware, and acknowledged that there is usually opposition when high density is put in after low density. However, once zoned, the Town and County do not have any control over when types of uses get built. The builder and developer controls that. The Town and County just approve what zoning type goes in. Mayor Horton indicated that a compromise had been reached. Instead of the original 140 unit apartment building that had been proposed, 12 single family homes, 8 or 9 garden suites and a 38 unit apartment building were being proposed. The Mayor stated that meetings were held when there was opposition to the apartment building. After a series of meetings with residents and the developer, there was an agreement reached that an application for single family homes, garden homes, and a smaller apartment building of 38 units would be a satisfactory solution. The proposal was accepted by the County and the necessary zoning was put in place. The Town and County felt just as strongly that some high density should be attached to the community. The end result was a mix. Ms. Marian Colmartin, a Wilson Avenue resident., asked how long the window of opportunity is for this development. Mayor Horton indicated that Council does not know of any time limit. The zoning is in place, the zoning is appropriate for the type of building they want, and are moving forward. Council does not know what their plans are. Council can see there is a good deal of opposition, however there is an application for zone change, will move forward with the application. Council does not know if the owner is interested in changing it. Planning staff would not recommend it. Mr. Lawrence indicated that they had been working on this for 3 or 4 months. He noted that 78% of the ?OftN Hickory Hills residents are against the building, and hopes Council is aware of the feelings of the residents. Page 3 MINUTES: Meeting for the Committee "Open Council" P'`N A resident requested to know the owner(s) of the property. Mr. Michiels stated there were 2 separate owners and one site plan that pertained to the overall development, and a revised variance to include second property parking. Mr. Smith indicated that Hickory Hills does not own the town home site. If there is a demand for the 38 units building, it will go in. If the demand is not there, what the market dictates will be considered. Councillor Molnar stated at the last public forum there was a lot of discussion on the property, and height was a problem. Massing and parking seem to be the discussion at the meeting this date. Mr. Lawrence was asked which concerns were greater. Mr. Lawrence indicated the main concern is the height of the building, and that it would be overpowering beside bungalows. Ms. Nora Scott asked about new plans for parking. Mayor Horton indicated he could not answer for the applicants. The property owners make that determination. A site plan has to come forward and be discussed. The application for parking will come as part of a package. Mr. Michiels indicated that the County is waiting for a site plan, where parking will be, size of each space, etc. The County will consider parking concerns. Once a decision is made on the site plan, if it results in a reduction of parking, Council makes the decision. ,A� Ms. Maria McCarron noted that if 60% of the units are not sold, the building will not go up, and asked what the plans would be at that time. Mayor Horton reiterated that the property is not Town property. If less than 60% of the units are sold, the developer will not build. Council would not determine what would happen. The owner would determine that. Mr. Trepanier asked if a sun study had ever been done, as he does not want to live in the shadows of building. Mr. Michiels responded that he did not believe that it had been, however it can be looked at during the site plan process. A resident asked if they should take the next step and asked if Council could take the issue to the County. Mayor Horton responded that they are at liberty to communicate with the County and make their voice known. He went on to say that the last time the issue was discussed by Council, Council was in support of the revised plan with the single family garden homes and 38 unit apartment building. Mayor Horton indicated he was not sure a member from Council would take the issue up with the County, unless there had been a change in opinion since the last discussion. Residents reiterated that over 400 residents object to the apartment building. Mr. Jack McKague requested that Mr. Michiels give residents a step by step procedure as to how to go about getting rezoning. Mr. Michiels replied that the owner of the property would have to pursue rezoning. In almost all cases, the ,oft� application would come from the property owner. Page 4 MINUTES: Meeting for the Committee "Open Council" Mr. Steve Smith stated that there is a conditional agreement for sale to Life Lease and they now have full control of minor variance, site plan and rezoning applications. In response to a question, Mayor Horton stated that no member of Council has a pecuniary interest. A resident expressed concerns with respect to a shortage of water, and how the apartment building would be accommodated. A shortage of doctors was also of concern. Mayor Horton responded that Tillsonburg does not have any more of a water shortage than other communities There are plans for the provision for more water in the community. Mayor Horton also acknowledged that there is a physician shortage, but Tillsonburg is in a better position than other communities and we are currently recruiting physicians. One resident objected to handing in the petition. Mayor Horton requested the residents of Hickory Hills to decide what they want to do with the petition and then advise Council of their decision. No resolution was passed. The Mayor called for a recess 8:45 p.m. COMMITTEE OF ADJUSTMENT 1. Application for Minor Variance A-30101 - Donald and Irene Crann D Presented By: Mr. Paul Michiels, County Planner Mr. Paul Michiels, County Planner, reviewed the attached report. No persons appeared in support of, or opposition to, the subject application. Rpcnhifinn No. 4 Moved by Councillor Smith Seconded by Councillor Lewis AND RESOLVED THAT the Tillsonburg Committee of Adjustment approve application A-30101 for 10 Dogwood Drive, subject to the following conditions: 1) The applicant submit a revised OLS survey for the subject property showing the location of the existing deck. 2) No portion of the deck which encroaches into the required rear yard more than 1.5m (5 ft.) shall be covered or enclosed. "Carried" 2. Application for Minor Variance A-31101 - John Edward Marsh D Presented By: Mr. Paul Michiels, County Planner Page 5 MINUTES: Meeting for the Committee "Open Council" eow� Mr. Paul Michiels, County Planner, reviewed the attached report. Mr. Baffin, representing John Marsh, stated it was more of a technical variance, no change in grounds, and no intention to build anything else, No other persons appeared in support of, or opposition to, the subject application Resolution No. 5 Moved by Councillor Lewis Seconded by Councillor Smith AND RESOLVED THAT the Tillsonburg Committee of Adjustment approve application A-31101 for 182 and 192 Lisgar Avenue. "Carried" PUBLIC HEARINGS 1. Application for Zone Change - J. Gordon Craig •: Presented By: Mr. Paul Michiels, County Planner Mr. Paul Michiels indicated the zone change was for a restaurant and gift shop (was a former mill). The site plan control would any ensure buildings needing to be flood proofed would be addressed. 10� Resolution No. 6 Moved by Councillor Smith Seconded by Councillor Lewis AND RESOLVED THAT the Council of the Town of Tillsonburg approve the rezoning of the subject lands owned by J. Gordon Craig, located at 10-20 John Pound Road from 'Open Space (0)' to special 'Open Space (0-3)', to allow for the conversion of an old mill into a restaurant and inn/gift shop. "Carried" REPORTS 1. Mayor's South End Task Force Report Mr. Webster, Chair of the Mayor's South End Task Force, presented the report. He introduced Michael Graves, Irene Hurley, members of the Task Force who were in attendance. Michael Graves addressed Council and stated that the Task Force hopes Council takes their recommendations to heart, as a number of projects will come out of this and spur others on. Councillor Lewis requested clarification that the loan increase for the Facade Improvement Loan Program be increased from $15,000 to $40,000 per application (not $15,00 as indicated in the report). It was confirmed as $15,000 not $15.00 (typographic error) Resolution No. 7 /9MN Moved by Councillor Molnar Seconded by Councillor Beres AND RESOLVED THAT Town Council receive the report Page 6 �1 MINUTES: Meeting for the Committee "Open Council" of the Town of Tillsonburg Mayor's South End Task Force; AND THAT the CAO be directed to prepare a report with recommendations. "Carried" 2. Director of Corporate Services RE: Sian Reaulatina By -Law Presented By: Director of Corporate Services Staff Report prepared by the Director of Corporate Services dated August 7, 2001 regarding the sign Regulating By -Law Resolution No. 8 Moved by Councillor Smith Seconded by Councillor Lewis AND RESOLVED THAT the Staff Report dated August 7, 2001 regarding the Sign Regulating By-law be received. "Carried" COMMUNICATIONS 1. Mandryk. Stewart & Morgan RE: Tillsonburg Lions Club - Renewal of Licence to Sell Nevada Tickets D Resolution No. 9 Moved by Councillor Lewis Seconded by Councillor Smith AND RESOLVED THAT the Council of the Town of Tillsonburg approve the Tillsonburg Lions Club for continued sale of Nevada Lottery Tickets. "Carried" 2. Deborah J. Potts RE: Open Burning M i) Copy of the London's Open Burning By -Law, for information Resolution No. 10 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT the correspondence from Deborah Potts regarding open burning be received; AND FURTHER THAT staff be directed to prepare a report for Council including recommendations. "Carried" 3. Ms. Melinda Wass & Area Residents RE: Safety Concerns - Arealintersection of Concession Street West and Quartertown Line Road D Page 7 /'1 /"ft� MINUTES: Meeting for the Committee "Open Council" Resolution No. 11 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT the correspondence from Melinda Wass and Area Residents regarding safety concern so f the area/intersection of Concession Street West and Quartertown Line Road be received; AND FURTHER THAT staff be directed to prepare a report for Council including recommendations "Carried" Councillor Smith requested a copy of the resolution be forwarded to the Tillsonburg OPP for review of this intersection with respect to speed and other issues. INFORMATION 1. Groundwater Supply E) Mayor gave some background on pig operation in area in Township of Norwich, town approved a building permit, but there are environmental concerns. They are insisting an environmental assessment be done. This extends into Tillsonburg area, and if Council is consistent, we should support any steps to protect the aquifer. Mayor initiated this and hopes Council approves it. Contamination can spread very quickly as this is an unconfined aquifer. Resolution No. 12 Moved by Councillor Molnar Seconded by Councillor Beres AND RESOLVED THAT the Council of the Town of Tillsonburg supports the position of the Council of the Township of Norwich whereby the Township Council has asked the Ministry of the Environment to take steps immediately to protect the groundwater supply under the Norfolk Sand Plain, which is an unconfined aquifer. "Carried" BY-LAWS > The following by-laws received third reading and were finally enacted: By -Law 2976 To Prohibit and Regulate Signs, as amended sign® w.do( cd (1 t_ �t}tr�r�9 2. By -Law 2978 To Govern the Proceedings of Council and Committees 2978.doc Page 8 MINUTES: Meeting for the Committee "Open Council" 3. By -Law 2982 To Amend Zoning By -Law 1994, as amended (Craig) 7-285.pdf The following by-law received first and second readings: 4. By -Law 2983 To Amend Zoning By -Law 1994, as amended (Baldwin Place) V] 7-282-ZBA.PDI At 9:10 pm. Mayor asked Paul Michiels to address zoning by-law for Baldwin place and provide his comments, as he had to leave the meeting shortly. Mr. Michiels handed out a memo - Comments on Zoning By -Law Amendment for the Baldwin Place - August 13, 2001. He provided an overview of the by-law in text form, and went through the by-law. It was noted that the by-law will come back for third reading at the September 10th, 2001 meeting of Council. NOTICE OF MOTION CLOSED SESSION No. 13 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT Town Council move into Executive Closed Session. "Carried" Council moved back into Open Session and adjourned. Meeting adjourned at 11:16 p.m. hereby agree the contents of this document are accurate for the committee "Open Council" who met on Monday August 13.2001 07.00 PM. Lana Verstraeten Approval Received: (1 of 1) Lana Verstraeten/Tillsonburg (Friday August 24, 2001 11:08 AM) Town of Tillsonburg Page 9