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021125 Regular Council AgendaAgenda: Meeting for the Committee "Open Council" Review Access: • Public C Private AGENDA Town of Tillsonburg Meeting for the Committee "Open Council" on Monday November 25, 2002 07:00 PM Council Chambers Chair: Iry Horton Orders of the Day: Call to Order Closed Meeting Session Disclosure of Pecuniary Interest or the General Nature Thereof Minutes & Business Arising out of the Minutes Adoption of Agenda Public Meetings Delegations Community Services Operations Corporate Services Information Items Items of Public Interest By -Laws Closed Meeting Session continued Committee of the Whole Report Adjournment CALL TO ORDER CLOSED MEETING SESSION > PROPOSED RESOLUTION: RESOLVED THAT Town Council move into Executive Closed Session. DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF MINUTES & BUSINESS ARISING OUT OF THE MINUTES Page 1 Agenda: Meeting for the Committee "Open Council" > (November 12, 2002 PROPOSED RESOLUTION: RESOLVED THAT the Minutes of Council under date of November 12th, 2002 be adopted. ADOPTION OF AGENDA > PROPOSED RESOLUTION: RESOLVED THAT the Agenda as prepared for the Council Meeting of November 25th, 2002 be adopted. PUBLIC MEETINGS 1. Committee of Adiustment Application - Mr. Doug Barnes (File A-43/02) D Presented By: Mr. Paul Michiels, Planner, County of Oxford Notice of Public Hearing... Report from the County of Oxford Planning Department ... to follow. Resolution > PROPOSED RESOLUTION: RESOLVED THAT 2. Application for Zone Change - Peter & Jacoba Retsinas (File ZON 7-294) D Presented By: Mr. Paul Michiels, Planner, County of Oxford County Report... Resolution > PROPOSED RESOLUTION: RESOLVED THAT the Council of the Town of Tillsonburg defer the Zoning By -Law amendment application submitted by Peter and Jacoba Retsinas, whereby lands located at Part Lot 5, Registered Plan 1646 and Part 1, Plan 41 R-3452, in the Town of Tillsonburg, are zone from 'Residential First Density (R1)' to Special 'Residential Third Density (R3-Special)' to allow the applicant to submit a formal site plan application to address traffic, slope stability, servicing and site design issues. 3. Application for Official Plan Amendment - Rock Developments Inc. (File OP 11-63) Presented By: Mr. Paul Michiels, Planner, County of Oxford at. OP11-71.pd1 Resolution > PROPOSED RESOLUTION: RESOLVED THAT the Council of the Town of Tillsonburg advise Oxford County Council that they are in favour of an application to amend the Official Plan by Rock Developments Inc. to redesignate lands located at South Part of Lot 7, Concession 10 and Part 1, Plan Page 2 Agenda: Meeting for the Committee "Open Council" 41 R-857 from 'Highway Service Commercial' to'Highway Service Commercial' with special policies to limit the use of the property to a 3,716 sq.m. (40,000 sq.ft.) Sobey's supermarket, a 325.2 square m. (3,500 square ft.) restaurant and maximum of 371.6 square m. (4,000 square ft.) convenience retail space. DELEGATIONS COMMUNITY SERVICES 4. Tillsonburg Public Library RE: Reserve Funds Resolution > PROPOSED RESOLUTION: RESOLVED THAT the request from the Tillsonburg Public Library be received and referred to staff to include with recommendations for 2003 budget. OPERATIONS CORPORATE SERVICES 5. Overnight Parking (By -Law 2997) Presented By: Kathleen Musselman, Municipal By -Law Enforcement Officer 91 Parking By -Law Report.dc Resolution > PROPOSED RESOLUTION: RESOLVED THAT the staff report regarding overnight parking, dated November 18, 2002, be received and that By -Law 2997 be implemented without modification. 6. Taxi and Limousine Regulating By -Law Taxi to Council November 25, 2002B.( Resolution > PROPOSED RESOLUTION: RESOLVED THAT the staff report regarding the taxi and limousine regulating by-law, dated November 19, 2002, be received, and that the by-law be presented to Council for third reading. INFORMATION ITEMS 7. Airport Advisory Committee Minutes [zj Page 3 " MINUTES: Meeting for the Committee "Open Council" Review Access: • Public Private MINUTES Town of Tillsonburg Meeting for the Committee "Open Council" on Tuesday November 12, 2002 07:00 PM Council Chambers Chair: Iry Horton Orders of the Day: Call to Order Closed Meeting Session Disclosure of Pecuniary Interest or the General Nature Thereof Minutes & Business Arising out of the Minutes Adoption of Agenda Public Meetings Delegations Community Services Operations Corporate Services Information Items Items of Public Interest By -Laws Closed Meeting Session continued Committee of the Whole Report Adjournment CALL TO ORDER CLOSED MEETING SESSION > No. 1 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT Town Council move into Executive Closed Session. "Carried" DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF Iv Page 1 MINUTES: Meeting for the Committee "Open Council" MINUTES & BUSINESS ARISING OUT OF THE MINUTES > DOctober 28, 2002 No. 2 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT the Minutes of Council under date of October 28th, 2002 be adopted. "Carried" ADOPTION OF AGENDA > No. 3 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT the Agenda as prepared for the Council Meeting of November 12th, 2002 be adopted. "Carried" PUBLIC MEETINGS 1. Committee of Adjustment Application - Mr. Henry Dalm (File A-39/02) D Presented By: Mr. Paul Michiels, Planner, County of Oxford Notice of Public Hearing... 91 Report from the County Planning Department... A39-02-TIL.pdi In the absence of Mr. Michiels, the CAO reviewed the attached report. No persons appeared in support of, or opposition to, the subject application. The following resolution was passed. Resolution > No.4 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT the Tillsonburg Committee of Adjustment approves application A-39/02 for 32 Bobolink Drive, subject to the following conditions: 1. That a building permit be issued within one year of the date of the Committee's decision; 2. That the applicants submit a revised OLS survey, if required, to the satisfaction of the Town's Chief Building Official. "Carried" 2. Committee of Adjustment Application - Pioneer Petroleum Management Inc. (File A-40/02) D Presented By: Mr. Paul Michiels, Planner, County of Oxford Page 2 -' MINUTES: Meeting for the Committee "Open Council" Notice of Public Hearing_.. n Report from the County Planning Department... A40-02-TIL.pdf The CAO reviewed the attached report. Mr. Jim Woods, Construction and Development Manager for Pioneer Petroleum Management, appeared before Council asking for support of the application. Mr. David Shepherd appeared before Council in support of the subject application. He presented Council with the attached petition, in support of the application. Petition.pdf No other persons appeared in support of, or opposition to, the subject application. The following resolution was passed. Resolution > No. 5 Moved by Councillor Molnar Seconded by Councillor Beres AND RESOLVED THAT the Tilisonburg Committee of Adjustment approve application A-40/02 for 115 & 123 Simcoe Street subject to the following conditions: 1. That a building permit be issued within one year of the date of the Committee's decision. 2. That the application be amended to replace the two requested minor variances, with the following variance: "Relief from Section 12.2.2.2.6, Exterior Side Yard, to reduce the required exterior side yard from 9.0 m (29.5 ft) to 8.4 m (27.6 ft) to allow for the construction of a car wash" 3. The applicant shall submit a site plan application for the properties to demonstrate that the property will comply with the landscaped opens pace, planting strip, parking and other site design requirements and that such site plan shall receive approval by the Town; 4. That the two properties (115 Simcoe Street and 123 Simcoe Street) be legally merged as one property under identical ownership. "Carried" 3. Committee of Adjustment Application - Mr. Steve Cus D Presented By: Mr. Paul Michiels, Planner, County of Oxford Notice of Public Hearing... Page 3 y MINUTES: Meeting for the Committee "Open Council" Report from the County Planning Department... A41-02-TIL.pol The CAO reviewed the attached report. No persons appeared in support of, or opposition to, the subject application. The following resolution was passed. Resolution > No.6 Moved by Councillor Molnar Seconded by Councillor Beres AND RESOLVED THAT the Tillsonburg Committee of Adjustment approve application A-41 /02 for 2 Crocus Avenue on the condition: 1. That a building permit be issued within one year of the date of the Committee's decision. "Carried" 4. Committee of Adjustment Application - Mr. Donald Bradstreet (File A-42/02) D Presented By: Mr. Paul Michiels, Planner, County of Oxford Notice of Public Hearing... Report from County Planning Department... A42-02-TIL.pol The CAO reviewed the attached report. No persons appeared in support of, or opposition to, the subject application. The following resolution was passed. Resolution > No. 7 Moved by Councillor Lewis Seconded by Councillor Smith AND RESOLVED THAT the Tillsonburg Committee of Adjustment approve application A-42/02 for 1 Sinclair Drive, subject to the following conditions: 1) No portion of the deck which encroaches into the required rear yard more than 1.5 m (5 ft) shall be covered or enclosed; and 2) That a building permit be obtained for the existing deck within one year, if required. "Carried" DELEGATIONS > 5. Tillsonburg Sewage Treatment Plant Odours Page 4 ' MINUTES: Meeting for the Committee "Open Council" Comments from the County of Oxford RE: Complaints Regarding Sewage Treatment Plant Odours... County.pdf Complaints RE: Sewage Treatment Plant Odours: n Mr.Gary Seitz... Seitz.pdf David A. Prince... Prince.pdf Andrew Hutchinson... Hutchinson.pdf Terry Wilson... Wilson.pdf Doug and Marg Byers... Byers.pdf • Mr. John Braum, County of Oxford, and Mr. Don Ford, Supervisor of Operations for Oxford South, appeared before Council. • Mr. Braum presented history with respect to the plant. • It was noted that prior to the County assuming operations, OCWA (Ontario Clean Water Agency) were contracted to operate the plant. • Mr. Braum advised of steps that have been taken to attempt to correct the problems at the plant. • Mr. Braum noted that the County is currently working with industry in Tillsonburg to comply with the County's Sewer Use By -Law. • He advised that concerns have been taken to two consultants, and well as neighbouring municipalities with similar concerns. • Responses are expected from the consultants this week. • Mr. Braum advised of plans to approach and survey residents that experience problems with the situation. • Mayor Horton noted in the past there have been rather isolated instances with odour problems, however this year there has been a widespread problem. • In response to a question with respect to the plant's capacity, Mr. Braum confirmed that the plant is not working at its designed capacity. It should be adequate for the next five to seven years. • The problem appears to be when a substantial amount of specific substances enters the system. As noted above, the County is working with industry. • Mr. Braum noted that a Master Plan will be developed. • In response to a question, Mr. Braum stated that in the future a new or additional plant would likely be in the same location. • It was noted that the County is on record as supporting a best management practices. • Currently they have been trying to abate the odours, using an air -base oxidizer. • Mr. Braum advised that sampling of each of the sources of odour for quantification Page 5 MINUTES: Meeting for the Committee "Open Council" would take approximately a month to assess and diagnose. • Development of odour panel would be Mr. Braum's recommendation. It would take three or four months to develop the panel and identify sources that are impacting the neighbours. • If it is required that the aerobic digesters be covered, it would take approximately a year to engineer and install. • Mr. Braum will continue to work towards a solution to control the odours. COMMUNITY SERVICES 6. Airport Advisory Committee Minutes October 2, 2002 Please note that there are two recommendations contained in the Minutes of October 2, 2002. Resolutions > No. 8 Moved by Councillor Lewis Seconded by Councillor Smith AND RESOLVED THAT the Airport Advisory Committee Minutes of October 2, 2002 be received. "Carried" No. 9 Moved by Councillor Smith Seconded by Councillor Lewis AND RESOLVED THAT Council endorse and adopt the Terms of Reference as presented for the Airport Advisory Committee. "Carried" No. 10 Moved by Councillor Smith Seconded by Councillor Lewis AND RESOLVED THAT the $3,482.00 received from the WSAC Committee, representing admission fees collected, be placed in the Airport reserves for a future Capital Project. "Carried" 7. Airport Advisory Committee Minutes of September 12, 2001 Recommendation contained in item E Resolution > No. 11 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT the Airport Advisory Committee Minutes of September 12, 2001 be received. "Carried" No. 12 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT the correspondence dated September 11, 2001 from the Canadian Harvard Aircraft Association be received, as contained in the Airport Advisory Committee Minutes of September 12, 2001, and that Council authorize the erection of the said sign. "Carried" Page 6 MINUTES: Meeting for the Committee "Open Council" OPERATIONS CORPORATE SERVICES INFORMATION ITEMS 8 Museum Advisory Committee Minutes October 3 & 24, 2002 D 9 Cemetery Advisory Committee Meeting Minutes D 10 Public Notice - Application for Zone Change - Peter & Jacoba Retsinas D Public Notice... 11 Public Notice - Application for Official Plan Amendment - Rock Developments Inc. D Public Notice... ITEMS OF PUBLIC INTEREST RESOLUTIONS 12. Appointment to Non -Profit Housing Corporation No. 13 Moved by Councillor Molnar Seconded by Councillor Beres AND RESOLVED THAT Mrs. Nan Rinsma be appointed to the Board of Directors of the Town of Tillsonburg Non -Profit Housing Corporation. "Carried" BY-LAWS > The following By -Laws were given first and second reading: 13. By -Law 3039 - Cemetery By-law D Page 7 " MINUTES: Meeting for the Committee "Open Council" 14. By -Law 3040 - Airport Advisory Committee By -Law Resolutions Moved by Councillor Smith Seconded by Councillor Lewis AND RESOLVED THAT By -Law 3039 to amend By -Law 2947 establishing the Tillsonburg Cemetery Advisory Board; and By -Law 3040 to establish the Tillsonburg Airport Advisory Committee be introduced and read a first and second time and be referred to Committee of the Whole for further consideration and this constitutes the first and second reading thereof. "Carried" Moved by Councillor Smith Seconded by Councillor Lewis AND RESOLVED THAT Committee do now rise and go into Committee of the Whole for the purpose of considering By -Law numbers 3039 and 3040. "Carried" The following By -Laws were given third and final reading: 15. By -Law 3036 - To establish the number of Elected Members of Council > By -Law 3036 - To establish the number of Elected Members of Council 50 By -Law Council number and composition 16. By -Law 3037 - To authorize the sale of certain lands on Broadway to David Leigh and Lori Graves By -Law Sale to David Leigh and Lori Graves Offer.tif Resolutions Moved by Councillor Smith Seconded by Councillor Lewis AND RESOLVED THAT Committee do now rise and report on By -Law numbers 3036 and 3037 as passed in Committee without amendment. "Carried" Moved by Councillor Smith Seconded by Councillor Lewis AND RESOLVED THAT By -Law 3036 to establish the number of Elected Members of Council be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same and place the Corporate Seal thereunto. "Carried" Moved by Councillor Smith Seconded by Councillor Lewis AND RESOLVED THAT By -Law 3037 to authorize the sale of certain lands on Broadway to David Leigh and Lori Graves be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same and place the Corporate Seal thereunto. "Carried" RESOLUTIONS Page 8 MINUTES: Meeting for the Committee "Open Council" No. 14 Moved by Councillor Beres Seconded by Councillor Lewis AND RESOLVED THAT Paragraph 10 of By -Law 2997 be the subject of a staff report for the next regular meeting of Council. "Carried" CLOSED MEETING SESSION CONTINUED > No. 15 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT Town Council move into Executive Closed Session. "Carried" COMMITTEE OF THE WHOLE REPORT ADJOURNMENT Council moved out of Executive, and passed the following resolution No. 16 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT Mr. Phillip Esseltine be appointed to the Tillsonburg Hydro Inc. Board of Directors, effectively immediately. "Carried" Meeting adjourned. Approval Received: (0 of 1) Lana Verstraeten/Tillsonburg (Thursday November 21, 2002 12:01 PM) Town of Tillsonburg Page 9 File: A-43/02 Date: November 12, 2002 TOWN OF TILLSONBURG COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING Please take notice that the following application has been submitted to the Tillsonburg Committee of Adjustment under section 45 of the Planning Act, R.S.O. 1990. Before making its decision on the application, the Committee will hold a public hearing to consider submissions from both the applicant and every other person who desires to be heard in favour of and/or against the application. The public hearing is to be held: Date: Monday, November 25, 2002 Time: 7:00 pm Location: Town Council Chambers Tillsonburg Corporate Offices, Town Centre Mall, 2"d Floor OWNERS/APPLICANTS: Mr. Doug Barnes 60 Seres Drive Tillsonburg ON N4G 5E7 LOCATION: AGENT: Ms. Shirley Magashazi Remax 565 Broadway Tillsonburg ON N4G 3S8 Part Lot 20, Plan 41 M-86, designated as Part 2 on 41 R-3410, municipally known as 60 Seres Drive. PURPOSE OF APPLICATION: The applicants are applying for relief from rear yard requirements of the R2-3 zone for an existing single family dwelling to recognize an existing single family dwelling with a covered porch. The Applicant has requested the following minor variance from the `Special Residential Second Density (R2-3)' zone: 1. "Permission for relief from Section 7.3.3.2.4., Lot Coverageto increase the maximum lot coverage for all buildings and structures from 50% to 54.5% to recognize an existing dwelling with a covered porch. " You are invited to present your comments regarding the application either in person at the public hearing or in writing to the Secretary -Treasurer prior to the public hearing. If you do not attend or are not represented at this meeting, the Committee may proceed in your absence and you will not be entitled to any further notice of the proceedings. If you would like a copy of the Decision of the Committee of Adjustment, please request, in writing, a "Notice of Decision" from the Secretary -Treasurer. The Notice of Decision will be mailed not later than ten days from the date of the Committee's decision. Please be advised that the Oxford County Public Health and Planning Department will be conducting a review of the application and if you would like a copy of the Planning Report or have any questions, please contact Paul Michiels, Planner at 842-9200 extension 236. o s Iy, Davi orris, A Secretary -Treasurer Tillsonburg Committee of Adjustment Tillsonburg Corporate Office 200 Broadway, 2"d Floor Tillsonburg ON N4G 5A7 �\ \�A "� A�� llr� Doug Barnes, 60 Seres Drive Application A-43/02 hOIE ixip q�NOf A Mx 0[SVNVEv FIE, Ic TE REV �i r' LEGEND. .» Pi m.r. �ii awna rot.. w•m. wl. 181 R1 C3-1 LEGEND / Z.nIn, Lin. Municipal Umil. F ® Subject Progeny e �� ,a ,• � c � 41M 'db ,PLAN N. Ui\\' n L11[ SURVEYORS REAL PROPERTY REPORT PLAN OF PART OF LOT 20 REGISTERED PLAN 41M-86 TOWN OF TILLSONBURG COUNTY OF OXFORD METRIC KIu HUSTO) SURWYNG I.M. REPORT nn anKrians ew nmmrc [nmr ..[ w r.oum ra .` o°pn< o-°'�'mawm n w asrwaeurc q 11C er orwf CATE SURVEYOP'S CERMn�o-y OCiCBER .2002 a .nar M. rc .WK .Im Nnlm sa.nwoTm. M.1W HIN Ilexif MS tlxM4 mn. .1.. ro na wn NOTES"r,. Q [oM wr[»1�w2ox xaim 9M.[wie ll0r.� . KIM HUSTEO SURVEYING LTD O]-632e R mma: n' [ i 4 OUR FILE The Corporation of the COUNTY OF OXFORD Phone: (519) 539-9800 OFFICE OF COMMUNITY AND STRATEGIC PLANNING Fax: (519) 537-3024 P.O. Box 397, Court House, Woodstock ON N4S 7Y3 ZON 7-294 APPLICATION FOR ZONE CHANGE To: The Mayor and Members of Tillsonburg Town Council OWNERS: Peter & Jacoba Retsinas 65 Concession Street West Tillsonburg ON N4G 1 R6 REPORT No.: 2002-236 MEETING DATE: November 25`h, 2002 SOLICITOR: Dennis Odorjan, P.O. Box 397, 37 Harvey Street, Tillsonburg ON, N4G 4H8 LOCATION: Part Lot 5, Registered Plan 1646 and Part 1, Plan 41 R-3452, Town of Tillsonburg south side of Concession Street between Charlotte Avenue and Stony Creek, municipally know as 65 Concession Street. COUNTY OF OXFORD OFFICIAL PLAN: Schedule °T-1" Town of Tillsonburg Residential Land Use Plan Schedule "T-4" Town of Tillsonburg Low Density Residential Residential Density Plan TOWN OF TILLSONBURG ZONING BY-LAW No. 1994: Existing Zoning: `Residential First Density (R1)' Requested Zoning: Special 'Residential Third Density (R3-Special)' P.O. Box 397, Court House, Woodstock, Ontario N4S 7Y3 • ptanning@county.oxtord.on.ca File No. ZON 7-294 APPLICATION REVIEW: (a) Proposal Page 2 Report No. 2002-236 An application for zone change has been submitted to the Town of Tillsonburg to rezone the subject properties from 'Residential First Density (R1)' to Special 'Residential Third Density (R3-Special)' to permit the development of a residential condominium consisting of 16 one storey, cluster dwellings. The northwesterly of the two properties (Lot B on Plate 1) is approximately 0.24 ha (0.6 ac) in area and contains an existing single family dwelling and detached garage with driveway access onto Concession Street, which is currently occupied by the applicants. It is intended that the existing dwelling and detached garage will be removed to accommodate the proposed development. The easterly of the two properties (Lot A on Plate 1) is approximately 0.68 ha (1.68 ac) in area and contains no buildings or structures. It should be noted that only the northerly 0.55 ha (1.36 ac) portion of this property is proposed to be rezoned for the proposed development. The southerly 0.13 ha (0.32 ac) portion of Lot A, which fronts onto Wilson Avenue, will remain in a 'Residential First Density (R1)' Zone. No specific proposal has been submitted for the southerly portion of the property, which is to remain zoned R1. It is proposed that these two properties will be legally merged under one ownership if the development is approved. Plate 1, Location Map, is an aerial photograph which indicates the location of the subject lands (labelled as Lot A & Lot B), as well as the existing zoning in the immediate vicinity. The westerly subject property contains a single detached dwelling, while the easterly property contains no buildings or structures. The easterly of the subject properties has frontage on both Concession Street and Wilson Avenue. The adjacent lands to the south consist of single detached dwellings located in Hickory Hills subdivision. Lands to the east and to the north across Concession Street, consist of ravine lands associated with Stony Creek. Lands to the west, along Concession Street, consist primarily of single detached residential dwellings. Plate 2, Applicant's Concept Plan, is a concept residential condominium site plan for the subject lands, including the internal road layout and the location of the residential buildings on the property. (b) Background A number of planning applications have been previously submitted for the subject properties. The following is a brief overview of the application history: December 1985 Applications for Official Plan Amendment (10-65), Consent (B-163185) and Zone Change (ZON 7-111) were submitted for the subject properties (at that time still joined as one property) to allow for the construction of a three storey, 23 unit apartment Ierezoned Plate 1 - Location Map Peter and Jacobs Retsinas, 65 Concession Street West (Tillsonburg) Application ZON 7-294 NOTE: THIS IS NOT A PLAN OF SOINEY iRtSdiRYRa. MICXIELS CREATED DN:IE-N W.SME vcwtoq (615) md Im-ce'l (410:161 $V? ON ,No leirwiml v run '04ow OUXUMoi III ,out ucfPfu&$UOO Xd A M9AV NOS 11M 6ZZO-=W 406WZ'ON'15Nl 9ir91'CNWlJd-3WO) -4 4 8 Z'l SINA 5 !ol File No. ZON 7-294 Page 3 Report No. 2002-236 building on a 0.6 ha (1.49 ac) lot, with access onto Wilson Street. The applications for Official Plan Amendment, to designate the property 'Medium Density Residential', and Zone Change, from 'Residential First Density (R1)' to 'Residential Type 3 (R3)', were considered by Town Council on February 11 `h, 1986 and Oxford County Planning Committee on February 201h, 1986. The application for zone change was denied by Town Council and, although recommended for approval by the County Planning Department and County Planning Committee, the Official Plan Amendment was denied by County Council at their meeting of February 26`h, 1986. The associated consent application was subsequently withdrawn by the applicant. August 1986 An application for consent (B-62/86) was considered by the Oxford County Land Division Committee for the subject property at their meeting of August 21 S`, 1986. The application proposed to sever a 0.76 ha (1.88 ac) property, containing no buildings or structures and retain a vacant 0.25 ha (0.62 ac) property, containing an existing dwelling (Lot B in the current application). The application was granted by the committee and the parcel was subsequently created. August 1991 Two applications for consent (B-3/90 & B-20/90) were considered by the Oxford County Land Division Committee for the subject property at their meeting of August 15`h, 1991. The applicants proposed to create two 710.7 m2 (7,650.2 ft2) residential building lots fronting on Wilson Street and retain an approximately 0.6 ha (1.5 ac) lot containing no buildings or structures. The Oxford County Land Division approved application B-3/90 (westerly lot) and denied B-20/90 (easterly lot) stating that it was premature and might jeopardize future development of the lot to be retained. The applicant did not fulfil the required conditions of approval within the one year time frame and the approval lapsed. April 1993 An application for consent (B-13/93) was considered by the County Land Division Committee at their meeting of April 7`h, 1993. Similar to the previously lapsed application B-3/90, this application proposed to sever a 696.8 m2 (7,500.5 ft2) residential building lot fronting on Wilson Street and retain a 0.67 ha (1.67 ac) lot containing no buildings or structures (Lot A in the current application). The application was granted and the lot was subsequently created and a single detached dwelling constructed in 1999 (163 Wilson Street). The current zone change application is proposing to merge the two subject properties (Lot A & Lot B) to allow for the construction of a 16 unit, single stoey residential condominium with vehicular access onto Concession Street West. File No. ZON 7-294 (c) Official Plan Page 4 Report No. 2002-236 The subject properties are located within the 'Low Density Residential' designation on the Residential Density Plan for the Town of Tillsonburg in the County Official Plan. The Official Plan states that Low Density Residential areas will accommodate a variety of low rise, low density housing forms including single - detached, semi-detached, duplex, converted dwellings, quadraplexes, townhouses and low density cluster development. It also states that there will be a mixing and integration of different forms of housing to achieve a low overall density of uses. However, the Official Plan states that the full range of housing will not necessarily be permitted in every individual neighbourhood or development and Town Council may chose to restrict the range of uses permitted in a particular location through the zoning by-law. Within low density residential areas, the minimum overall net residential density shall be 15 units/ha (6 units/ac) throughout the Town, while the maximum net residential density for an individual development shall not exceed 30 units/ha (12 units/ac). To achieve this target, Town and County Council will support a variety of lot sizes and configurations, the development of low rise multiple units and may consider narrower road widths and private roads within multiple unit condominium developments. In this case, the proposed residential condominium development would represent a net residential density of approximately 25 units/ha (10 units/ac). The Official Plan contains policies which allow for residential infill development on lots with minimum street frontage and on small vacant remnant parcels of land which cannot be integrated into a plan of subdivision. When considering such proposals the County Land Division Committee and Town Council will be guided by the following criteria: • the nature of the proposed residential development will be evaluated having regard to the type of housing found in the surrounding residential neighbourhood; • for proposals involving more than two dwelling units, the exterior design in terms of height, bulk, scale and layout of the proposed building is consistent with present land uses in the area; • the siting of both buildings and parking areas in relation to the size, configuration and topography of the lot is such that effect on light, view and privacy of adjacent backyards is minimal; • direct vehicular access to a public street will be required and driveways will have sufficient width to allow efficient vehicular use and turning of both private and emergency vehicles and to provide for snow storage; • proposed multiple unit use is consistent with the multiple unit requirements for low density areas. The Official Plan states that multiple unit dwellings such as townhouse and cluster development will generally be restricted to the following areas: Sites which abut arterial or collector roads or are situated such that traffic impacts from the site create a minimum disturbance on local streets; File No. ZON 7-294 Page 5 Report No. 2002-236 • Sites where the topography or other natural features would be best preserved by fewer buildings; • Sites which are close to shopping, recreation, cultural and community facilities; As well, the Official Plan contains a number of site design criteria to be considered for multiple unit development and be applied where feasible. These criteria relate to such site design issues as building design, topography, location and design of driveways and parking areas, fencing, pedestrian facilities, landscaping, buffering, servicing etc. In this case, the application is proposing a 16 unit, single storey, cluster type development. The proposed site abuts an arterial road (Concession Street West) and a local road (Wilson Avenue), with the proposed access off Concession Street West in the location of the existing driveway. However, it should be noted that the Town's Manager of Engineering has indicated that submission of a traffic study will be required to determine whether the proposed access has adequate vehicular site lines. Our recent site inspection has indicated that the northerly portion of the site may have some topographic constraints resulting from a significant slope down toward Concession Street West. Based on comments received from the Town's Manager of Engineering, the applicant will be required to submit a slope stability report to identify and address any potential hazards for the construction and placement of new building or structures. Finally, the site is located immediately to the west of Participate Park, approximately a half kilometre from school, hospital and nursing Home facilities and less than one kilometre from the central commercial area of the Town. It should be noted that the applicant will be required to submit a formal site plan application for the subject property, as part of the planning review process, which shall include detailed information pertaining to the site layout including a site plan, site servicing plan, landscape plan, grading plan and building elevation and cross section drawings. These detailed plans will allow the Town to review the more detailed site design issues with respect to the Official Plan criteria and evaluate such issues as screening from adjacent properties, integration with surrounding uses in terms of building height etc. and traffic, slope, stormwater and grading issues identified by the various agencies. Based on our review of the existing site, it is the opinion of our office, that the proposed residential condominium development would be in general keeping with the policies pertaining to multiple unit residential development in the 'Low Density Residential' designation, provided that the identified traffic, slope and site design issues can be appropriately addressed through the site plan control process. In this regard, the applicant will be required to revise the proposed site layout to ensure proper integration of the development with adjacent residential uses, once any development constraints on the site have been identified e.g. slope, access. File No. ZON 7-294 (d) Zoning By -Law Page 6 Report No. 2002-236 The subject property is zoned "Residential First Density (R1)" in the Tillsonburg Zoning By -Law, which permits a single detached dwelling, a home occupation and a church. The applicant has requested a special 'Residential Third Density (R3-Special)' Zone for an approximately 0.79 ha (1.95 ac) portion of the two properties to allow for the proposed multiple unit condominium development. The southerly 0.12 ha (0.32 ac) of the site will remain in an R1 zone and no buildings or structures are currently being proposed. The standard R3 Zoning permits a range of residential dwelling types, including single -detached, semi-detached, quadraplex, boarding or lodging houses, maisonettes, apartments and group housing. The applicant has requested a Special 'Residential Type 3 (R3-Special)' zoning to restrict the use of the site to cluster housing, consisting of 4 blocks of single storey row dwellings, and to incorporate any special provisions identified during the site plan process which may be necessary to accommodate the proposed development. The specific provisions for the zone will be determined at such time as an approved site plan has been developed for the property. Based on our review of the application and a recent site inspection, the two properties, once merged, would comply with the lot frontage, depth, area and coverage requirements of the By -Law. However, our initial review of the concept site plan indicates that front yard, rear yard and interior side yard setbacks would be deficient from the standard R3 Zoning By-law requirements for group development. Submission of a detailed site plan will be required to determine compliance with the other By -Law provisions relating to such issues as building setbacks, planting strips, location and dimensions of parking spaces and access lanes etc. (e) Agency Review The application for zone change has been reviewed by a number of public agencies. The Long Point Region Conservation Authority offered the following comments: "Of concern to this Authority are the potential impacts that this development may have on storm water drainage, soil erosion and sedimentation. In this regard, we would recommend that lot grading, soil conservation and stormwater management plans be required prior to development proceeding" The Town's Manager of Engineering provided the following comments: • The owner or his agent shall consult with the Town of Tillsonburg early in the design stage to ascertain the standard requirements and specifications for servicing the above development; • If relocation of sewers, electrical and/or water plants is required, the owner/developer shall bear all costs associated with the said relocation; File No. ZON 7-294 Page 7 Report No. 2002-236 • All streets shall be developed to Town standard, including the width of the road to accommodate a fire truck; • A detail flow calculation for the sewers must be submitted to the Town of Tillsonburg for approval; • A development agreement shall be required, including the necessary deposits and letter of credit to the cover the costs of all works; • a traffic study, including sight distance to the entrance must be submitted to the Town of Tillsonburg for approval; • All underground utilities shall be developed to Town standard, as per the Town Design criteria for storm and sanitary sewers, watermain, roads, curbs, sidewalk, street lights etc.; • Grant such easements and/or service corridors as may be required for utilities or drainage purposes to the appropriate authority; • Prior to any development, a storm water management report must be submitted to the Town of Tillsonburg for approval; • A slope stability/erosion review for this development to be carried out subject to the approval of the Long Point Region Conservation Authority and the Town of Tillsonburg; • Prior to any development, a servicing plan shall be submitted to the Town for approval; • This development should require the MOE approval before the construction is started; • Submit a lot grading plan to the Town of Tillsonburg for review and comments; • A copy of the Town of Tillsonburg design criteria for residential subdivision is available for purchase from the Engineering Department; • The development should require an application for allocation of water prior to any development. The remaining responding agency, consisting of the Town's Director of Corporate Services, has indicated that they have no objections to or comments with the application. As well, a letter of concern submitted by a neighbouring property owner on Concession Street West has been attached to this report for Council's information. (e) Planning Review The application for zone change has been submitted to rezone the subject properties from 'Residential First Density (R1)' to Special 'Residential Third Density (R3- Special)' to permit the development of a residential condominium consisting of 16 single storey cluster dwellings. Based on our review of the application, the proposed residential condominium development would be in general keeping with the policies pertaining to multiple unit residential development in the 'Low Density Residential' designation, given low-rise form of dwelling, frontage on an arterial road and proximity to community facilities. However, given the identified front, interior side yard and rear yard setback deficiencies, we still have some concern with integration of the development with surrounding File No. ZON 7-294 Page 8 Report No. 2002-236 residential uses. The applicant has requested a Special 'Residential Third Density (R3- Special)' zone to allow for the proposed condominium development and to incorporate any provisions which may be identified through the site plan process. Submission of a more detailed site plan is required to determine compliance with the other By -Law provisions relating to such issues as building setbacks, planting strips, location and dimensions of parking spaces and access lanes etc. No objections were received as a result of agency circulation, however, a number of issues have been identified by the various agencies relating to such issues as slope stability, stormwater management, access and servicing which will also need to be appropriately addressed though the site plan approval process. In summary, it is the opinion of our office that the application be deferred until such time as a formal site plan is submitted for the subject property which addresses the identified traffic, slope stability, servicing and site design issues. In this regard, the applicant will be required to revise the proposed site layout to ensure proper integration of the development with adjacent residential uses once any development constraints on the site have been identified e.g. slope, access. RECOMMENDATION: It is recommended that the Council of the Town of Tillsonburg defer the zoning by- law amendment application submitted by Peter and Jacoba Retsinas, whereby lands located at Part Lot 5, Registered Plan 1646 and Part 1, Plan 41R-3452, in the Town of Tillsonburg, are zoned from 'Residential First Density (R1)' to Special 'Residential Third Density (R3-Special)' to allow the applicant to submit a formal site plan application to address traffic, slope stability, servicing and site design issues. Original Signed By: "Paul Michiels" "James Hill" Paul Michiels James Hill, MCIP, RPP Planner Manager of Community and Strategic Planning PM/pin November 18th, 2002 Town of Tillsonburg November 19, 2002 200 Broadway 2nd Floor Tillsonburg, Ontario N4G SA7 Attention: Town Council and Paul Michiels RE: File ZON 7-294 Zoning By -Law Amendment We are writing due to our concerns about the impact the proposed development at 65 Concession Street West will have on the value of our property at 69 Concession Street West. When we purchased our home in June 2000 it was our understanding that the land next to 65 Concession Street West would be sold for single family homes, as indicated on the real estate sign. In the fall of 2001 Mr Retsinas stated he was planning a single family home development on his land. A recent bank appraisal done on our home took into consideration that the vacant land would have single family dwellings. We have consulted with real estate agents as well as a lawyer who have advised us that privacy is an important factor affecting the value of our property as well as that of neighbouring properties. The proposed zoning change which would allow a new condominium complex will affect our property and safety in the following ways: 1. Invasion of privacy through increased traffic, lights and pedestrians. 2. The danger of a busy entrance to the complex being feet away from our driveway where our children play. 3. The safety concerns about an entrance being on top of a hill in a blind spot on a very busy road. 4. Further amendments being made once zoning has been changed which may result in two storey town homes or a larger complex being placed closer to our property. 5. The condominiums being changed into a rental property if they do not sell. 6. The placement and smell of garbage storage and disposal. 7. Placement of utility connections and interference with our existing services. 8. The impact on existing green spaces (Canada Trail) surrounding the lot and our backyard. 9. The condominium complex will not integrate with the existing neighbourhood. We are asking that the Council of Tillsonburg not approve the zoning changes sought based on our concerns and on our understanding that single dwelling homes were intended for this property. We are requesting that we be notified in writing and allowed to attend any further meetings regarding this property due to the impact that any new projects will have on our safety and on the value of our property. Thank you for reading this and taking ipta=psideration our concerns. Sincerely, Emi!y BBe�eckmans d Peter Raine (Home ��56 Concession St �estU2-7215) e co�wuts�s OUR FILE The Corpora t ion of the COUNTY OF OXFORD DEPARTMENT OF PUBLIC HEALTH AND PLANNING Planning and Development OP 11-71 APPLICATION FOR OFFICIAL PLAN AMENDMENT TO: The Mayor and Members of Tillsonburg Town Council OWNER: 759414 Ontario Limited c/o Ms. Vivian Wong 5400 Yonge Street Toronto ON M2N 5R5 LOCATION: APPLICANT: Phone: (519) 539-9800 Fax: (519) 537-3024 REPORT NO.: 2002-237 MEETING DATE: November 25" , 2002 Rock Developments Inc. 13275 Tucumseh Rd East Tecumseh ON N8N 2T4 SOLICITOR: Mr. Gary Wellman, Esq. Kirwin Partners LLP 423 Pelissier Street Windsor ON N9A 4L2 South Part of Lot 7, Concession 10, (Dereham) and Part 1, Plan 41 R-857 Town of Tillsonburg east side of Broadway Avenue between North Street and the northerly municipal boundary between the Town of Tillsonburg and the Township of South-West Oxford, municipally known as 690 Broadway (Highway #19). COUNTY OF OXFORD OFFICIAL PLAN: Existing: Schedule T-1 Town of Tillsonburg Land `Highway Service Use Plan Commercial' Proposed: Schedule T-1 Town of Tillsonburg Land `Highway Service Use Plan Commercial' with special policies P.O. Box 397, Court House, Woodstock, Ontario N4S 7Y3 • planning@county.oxford.on.ca File No.: OP 11-71 TOWN OF TILLSONBURG ZONING BY-LAw No.1994: Existing Zoning: Proposed Zoning: APPLICATION REVIEW: (a) Proposal 'Development (D)' Special "Highway Commercial (C2-25)' Page 2 Report No. 2002-237 The County of Oxford has received an application for Official Plan Amendment. The Official Plan Amendment proposes to amend the Highway Service Commercial designation on the approximately 3.34 ha (8.25 ac) site to specifically restrict the uses to a 3,716 m2 (40,000 ft2) Sobey's supermarket, a 325.2 m2 (3,500 ft2) restaurant and a maximum of 371.6 m2 (4,000 ft2) convenience retail space. The site is currently in agricultural production and contains no buildings or structures. It is our understanding the current Official Plan Amendment application has been submitted to attempt to address the concerns raised by the Tillsonburg BIA during the review of the associated Zone Change application (ZON 7-288) by limiting the property to the type and scale of uses currently being proposed for the site. Plate 1, Location Map, is an aerial photograph which indicates the location of the subject lands as well as the existing zoning in the immediate vicinity. Lands to the south and east of the subject property consist of low density residential development and future development lands, lands to the north consist of future highway commercial development lands and currently contain a miniature golf course, driving range and batting cage, with the remainder in agricultural production, while lands across Broadway Avenue to the west consist of an automobile dealership, vacant highway commercial lands and residential development. Plate 2, Applicant's Site Plan, is the site plan submitted with the application showing the proposed layout for the commercial development. The plan shows the location of the proposed Sobey's supermarket, eating establishment and associated parking facilities, as well as a pad for future highway commercial development. (b) Background Associated applications for Zoning By -Law amendment (ZON 7-288) and consent (B-6102) were filed for the subject property with both the Town and County in early 2002. The purpose of the consent and zone change applications was to create a 3.34 ha (8.25 ac) commercial building lot for the construction of 3,716 m2 (40,000 ft2) grocery store, a restaurant and a future commercial pad. The consent application was LEGEND Zoning Line Municipal Limits I, naS Mooec 759414 Ontario Limited, Pt. 1, Plan 4113-857 (Tillsonburg) Application OP 11-71 NOTE: THIS IS NOT A PLAN OF SURVEY TILLSONOVRG-MICNIELS - Subject Site 0 x00, <NY RFI ATFO INFORM>T ION Y V RTFM .OYxTV OG O%G ORO CREATED ON: 21-NO44002 Plate 2 - Applicant's Site Plan -, .. .,c —N. 81-11,1 PM, Ii oulo Iflill 111 .. 4,1111t Poll:' Poll:' it I 1 i I all I 1, 1: )0 4-0 -�A 0 >� II I� � �1, � '1 I �'� � ` I ,I l��i tf 91 -NiM aowlII 01 M IM I I milli kvl1l File No.: OP 11-71 Page 3 Report No. 2002-237 considered by Town Council at their meeting of March 251h, 2002 and they recommended that the County Land Division Committee defer the application to allow the applicant to submit a traffic impact study, concept and preliminary servicing plan and Market Impact study in order to address a number of issues identified during the planning review. The applicant subsequently submitted the required studies for review by Town and County staff and Town Council passed a resolution at their July 81h, 2002 meeting recommending that County Land Division Committee approve the consent application. The County Land Division Committee considered the application at their meeting of August 1st, 2002 and approved it subject to a number of conditions, including appropriate rezoning of the subject property and approval of an appropriate site plan. The associated zone change application was subsequently approved by Town Council at their meeting of August 121h, 2002. The approved zoning By -Law amendment rezoned the property to Special `Highway Commercial (C2-25)' to allow a full range of highway commercial uses as well as a retail food store, not exceeding 3,716 m2 (40,000 ft2). The zoning By -Law amendment was subsequently appealed to the Ontario Municipal Board by the Tillsonburg Business Improvement Association on the basis that the use does not conform to the County Official Plan. It is our understanding that the applicant has submitted the current Official Plan Amendment application to deal with the concerns raised by the Tillsonburg BIA during the review of the associated Zone Change application (ZON 7-288) by limiting the property to the uses currently being proposed for the site. (c) Official Plan The subject property is located within the `Highway Commercial' designation on the Land Use Plan for the Town of Tillsonburg in the County of Oxford Official Plan. The Official Plan states that the Highway Service Commercial designation applies to those areas largely developed for commercial uses which primarily cater to the commercial needs of the travelling public. Types of service commercial uses that generate significant amounts of traffic and draw customers from a wide area may also be located within these areas. Permitted uses in such designations include: hotels, motels, hotel/conference facility, automotive services, furniture warehouses, farm implement sales, personal and business services, convenience commercial uses, recreation and entertainment uses, restaurants and fast food outlets, uses which require large areas for on -site storage of goods or vehicles and other types of commercial uses that offer service to the travelling public, business and industry. Community shopping centres offering a range of goods and services, which cater to the convenience shopping and service needs of community residents and the travelling public, are a permitted use in the Highway Service Commercial designation. File No.: OP 11-71 Page 4 Report No. 2002-237 Community shopping centres will have between 930 and 4,645 m2 (10,000 ft2 to 50,000 ft2) of gross leaseable commercial floor area. Highway commercial uses will generally have direct access, or access via a service road or major arterial road, with access points to arterial or collector roads limited to the minimum necessary for the proper function of the area and sufficient off- street parking shall be provided. The Official Plan also states that site plan control may be required in such areas to address the following design criteria: • Landscaping will be required along public roads adjacent to the site and vegetative landscaping shall be incorporated within parking areas; • Outdoor storage areas are to be fenced or screened from the street and adjacent residential uses; • Light spill over onto adjacent residential uses shall be minimized; • Loading facilities and service areas shall be located to minimize effects on adjacent residential properties; • The number of access points is restricted to the minimum required for the site to function properly. Shared access with adjacent uses is encouraged; • On site drainage and the needs of persons with disabilities. The site plan submitted for the site indicates two direct accesses onto an arterial road, Broadway Avenue (Highway #19) for the proposed commercial development. Any new development will be required to connect to public water and sewer. With respect to traffic impacts, the Town's Manager of Engineering, the County and the Ministry of Transportation have reviewed the submitted Traffic Impact Study and identified a number of issues which are to be addressed through the conditions of approval and the site plan process. Based on the review by Town and County Staff, it is the opinion of our office that the recommendations of the Planning Report, Market Impact Study & peer review, Final Servicing Strategy, Traffic Impact Study and subsequent comments, as well as the issues raised during agency review, will be appropriately addressed through the conditions of consent, the site specific C2-25 zoning and the site plan process. As previously indicated, it is the opinion of our Office that the proposed development is in keeping with the policies of the County Official Plan relating to development in the highway service commercial designation. It is our understanding, that although the applicant concurs with this position, they have submitted this Official Plan Amendment application to limit the full range of permitted uses on the subject property to the 3,716 m2 (40,000 ft2) supermarket, 325.2 m2 (3,500 ft2) restaurant and a maximum 371.6 m2 (4,000 ft2) convenience commercial and service space currently being proposed, in an attempt to satisfy the concerns expressed by the Tillsonburg BIA with respect to the zone change application. It should be noted that although the floor area of the proposed future convenience commercial and service space has been substantially reduced from the 929 m2 (10,000 ft2) proposed in the zone change File No.: OP 11-71 Page 5 Report No. 2002-237 application, the floor area of the proposed supermarket and restaurant remains unchanged. In this case, it is the opinion of our office that the proposed site specific amendment to limit the range and scale of uses on this site can be considered for the following reasons: • a highway service commercial development with a specified list of uses has been proposed for the site, so the proposed amendment would not unduly limit the appropriate development of the property; • a number of concerns about the scale and future expansion of commercial uses on the site were expressed during the public consultation process which the applicant is attempting to address; and • the proposed amendment is in keeping with the recommendations of the Town's peer review consultant (Robin Dee) with respect to limiting the scale of uses on the property to what has been proposed. In summary, based on our review of the application, it is the opinion of our office that the proposed site specific amendment would be in keeping with the general intent of the County Official Plan and can be supported. If the application is granted, we would recommend the amendment incorporate the following wording into Section 8.3.3.2.1. of the County Official plan relating to site specific provisions in the highway service commercial designation: "Notwithstanding the uses permitted in 8.3.3.2.1 of the County Official Plan for the Highway Service Commercial area, a 3.34 ha (8.25 ac) parcel of land lying at South Part of Lot 7, Concession 10, (Dereham) and Part 1, Plan 41R- 857 in the Town of Tillsonburg, shall be used for no other purpose than a supermarket, not exceeding 3,716 m2 (40, 000 ft2) of gross floor area, restaurant and fast food outlets, not exceeding 325.2 m (3,500 ft2) of gross floor area, and other convenience commercial and service space, not exceeding 371.6 m2 (4,000 ft2) of gross floor area." The term convenience commercial and service in the Official Plan would include such uses as food stores, meat markets, delicatessens, fruit and vegetable markets, financial institutions, video rental outlets, convenience stores, real estate offices, dry cleaning depots, photo finishing outlets, hairdressers, tailor shops, etc. (d) Zoning By -Law The site is currently zoned 'Development (D)' in the Town of Tillsonburg Zoning By -Law No. 1994. A Zoning By -Law Amendment was passed by Town Council at their meeting of August 12`h, 2002, to rezone the site to Special 'Highway Commercial (C2- 25). The C2-25 zone allows for a full range of standard C2 zone uses, as well as a retail food store, not exceeding 3,716 m2 (40,000 ft2). The proposed development would comply with all the provisions of the C2-25 zone, however, it should be noted that File No.: OP 11-71 Page 6 Report No. 2002-237 this zoning will not be in full force and effect until the current appeal to the Ontario Municipal Board has been resolved. The current C2-25 zoning approved for the subject property does not currently restrict the gross floor area for the restaurant and fast food, or convenience commercial and service space. However, it should be noted that, with the exception of a retail food store, not exceeding 3,716 m2 (40,000 ft), the only other convenience commercial and service type uses currently listed in the approved C2-25 zoning for the property are: a bank, a convenience store, not exceeding 186 m2 (2002.2 ft2) of gross floor area, and a real estate office. No restriction on gross floor area was incorporated into the current C2-25 zoning for the property for any uses other than a retail food store, as the size of these uses is currently unrestricted in the standard C2 zoning which applies to the majority of other highway commercial properties in Town. It should be noted that the applicant submitted the current Official Plan amendment requesting size and use restrictions on the site subsequent to the Town passing the associated C2-25 zoning. Therefore, if the current Official Plan amendment is approved, the associated C2-25 zoning on the site would not reflect the proposed gross floor area restrictions relating to the restaurant and convenience commercial and service uses. However, the C2-25 zoning does incorporate the proposed 3,716 m2 (40,000 ft2) gross floor area restriction for the supermarket. (e) Agency Comments The application for official plan amendment was circulated to a number of public agencies for comment. The responding agencies consisting of the Township of South-West Oxford Council, the Ministry of Municipal Affairs and Housing, the Long Point Region Conservation Authority, the Oxford County Board of Health, and the Town's Director of Corporate Services had no objections or comments with this application. As well, letters of concern were received from the Board Secretary for the Tillsonburg BIA, Gilvesy Properties Inc., Gyulveszi Properties Inc., and MIT Group Inc. and these letters have been attached to this report. (f) Planning Review The intent of the site specific Official Plan amendment is to amend the Highway Service Commercial designation to specifically restrict the type and scale of permitted uses on the subject site to address concerns expressed with respect to the associated zone change application. File No.: OP 11-71 Page 7 Report No. 2002-237 As previously indicated, it is the opinion of our office that the proposed commercial development is in keeping with existing policies of the County Official Plan. The associated applications for consent and zone change, together with required traffic, planning and market impact studies have been reviewed by Town and County staff and the various public agencies. It is our opinion that all the issues identified through the review process will be appropriately addressed through the site specific zoning By -Law Amendment and accompanying site plan application. The associated consent and zoning have been approved by County Land Division Committee and Town Council respectively, however, the zone change application is currently subject to an appeal to the Ontario Municipal Board. Our office has reviewed the requested site specific Official Plan amendment to restrict the type and scale of uses on the property those currently being proposed. It should be clearly stated that the proposed amendment is not required to allow for the proposed commercial development of the site, but rather to limit the permitted uses on the site in order to address concerns expressed by the BIA with respect to the scale and future expansion of the proposed uses. The proposed amendment would simply limit the type and scale of uses on the property to the 3,716 m2 (40,000 ft2) supermarket, 325.2 m2 (3,500 ft2) restaurant and 371.6 m2 (4,000 ft2) convenience commercial and service space being proposed by the current application. However, it should be noted that the C2-25 zoning approved for site by Town Council only incorporates gross floor area restrictions for the supermarket and does not currently reflect the proposed gross floor area restrictions relating to the restaurant or convenience commercial and service uses. In summary, it is the opinion of our office that this application would not unduly constrain development of the site for commercial purposes, may satisfy some of the concerns expressed by the BIA, and is in keeping with the recommendations of the market impact study peer review. Therefore, we feel that the application would be in keeping with the general intent of the Highway Service Commercial policies in the County Official Plan and can be supported in this case. RECOMMENDATION: It is recommended that Tillsonburg Town Council advise Oxford County Council that they are in favour of an application to amend the Official Plan by Rock Developments Inc. to redesignate lands located at South Part of Lot 7, Con. 10 and Part 1, Plan 41 R-857 from `Highway Service Commercial' to `Highway Service Commercial' with special policies to limit the use of the property to a 3,716 m2 (40,000 ft2) Sobey's supermarket, a 325.2 m2 (3,500 ft2) restaurant and a maximum of 371.6 m2 (4,000 ft2) convenience retail space. File No.: OP 11-71 Page 8 Report No. 2002-237 For Council's information, the proposed wording for the site specific amendment would consist of the following: "Notwithstanding the uses permitted in 8.3.3.2.1 of the County Official Plan for the Highway Service Commercial area, a 3.34 ha (8.25 ac) parcel of land lying at South Part of Lot 7, Concession 10, (Dereham) and Part 1, Plan 41R-857 in the Town of Tillsonburg, shall be used for no other purpose than a supermarket, not exceeding 3,716 m2 (40, 000 ft2) of gross floor area, restaurant and fast food outlets, not exceeding 325.2 m2 (3,500 ft2) of gross floor area, and other convenience commercial and service space, not exceeding 371.6 m2 (4,000 ft2) of gross floor area." Authored By: "Paul Michiels" Paul Michiels Planner November 201h, 2002 Approved By: "James Hill" James Hill, MCIP, RPP Manager of Community & Strategic Planning NOV-05---02 TUE 15:16 B CARROLL 5198428825 P,01 Tillsonburg B1A Donna Rosenthal (Board Secretary) 25 Hyman St., Tillsonburg On. N4G 2C3 VIA FAX - 537-LS13 Mr. fames Hill Manager, Community and Strategic Planning County of Oxford P.O. Box 397, Court House Woodstock, Ontario N4S 7Y3 Dear Sir: Re: Official Plan Amendment Application Rock Developments Inc. Part Lot 7, Concession 30 (Dereham) 690 Broadway, Tillsonbure Nov. 5, 2002 COU14TY OF OXFORD COIF;MV!--!.`Y < <...,. sWEGIC F -� NOV 6 2002 Fr. -. . OtiiL.. 1 am writing to you on behalf of the Board of Management of the Tillsonburg B1A in connection with the captioned matter. The DIA is greatly concerned about the Official Plan Amendment requested by Rmk Developments for the following reasons: The land use policies for the Town of Tillsonburg affirm the: "commercial core of the Central Area as the highest order reel shopping district capable of meeting the day to day and specialty needs of the residents of the Town of Tillsonburg and surrounding areas" The Plan also limits "the type, size and scale of retail uses which are permitted outside the Commercial Core District through the Zoning By-law". l . The Plan says that: "shopping centre facilities, other than those permitted by Section 8.3.3.2.1., offering a range of commercial uses which most specialized service and comparison shopping needs will only be permitted in the Central Area. Such shopping areas may have trade areas which extend throughout large areas of the County and beyond County boundaries". 1. While there is an exception for Service Commercial areas, it is specifically provided by Section 8.3.3.2. that Service Con mcrcial areas: "while providing for a limited amount of retail use, are not intended to accommodate retail activities that are typically characteristic of a Central Area location and wilt not directly compete with this area". The purpose of the Highway Service Commercial designation is to "primarily cater to the commercial NOV-05-02 TUE 15:17 B CARROLL 5198428825 P.0 needs of the travelling public". While there is mention in Section 8.3.3.2.1. of shopping centres, this is not in the DIA's view an invitation for large retail uses to be established under the guise of "convenience". As the County is no doubt aware, there have been two grocery stores in the Central Area. One of these is now dark, the tenant having relocated to a neighbouring facility in an abutting municipal jurisdiction. Therc can be no doubt, however, that a new supermarket facility on Broadway will "compete' with uses that have been typically located in the Central Area and there is also no doubt that this "competition." will have a deleterious impact on activity on the Central Area. We believe this impact is quite evident for two reasons: The market studies that have been presented by the applicant clearly indicate that the proposed supermarket on Broadway will make it impossible for the supermarket in the Town Centre to re- open. The Peer Review study prepared by Mr. Robin Dee says: "the Valu-Mart supermarket in the Town Centre, one of the banners operated ey the Loblaws Group, closed in June, 2001. If we assume that it will not be replaced by another supermarket, then the additional new supermarket space entering the market by 2003 will be limited to the proposal at the subject Rock Developments' site, ie. 40,000 square foet. This exceeds the warranted additional supermarket space of 37,400 square feet estimated in 2003 which is calculated protecting base year supermarket sales at their 2001 level. Since more space is proposed than the amount warranted, the initial conclusion is that there will likely be an impact on base year sales. Will the impact be significant and pose a threat to the continued operation of the existing facilities in Tillsonburg? Our estimate is that the impact is expected to be under -3.5% andwill have been dissipated within two years..." In other words, there will be an impact on the one supermarket that remains in downtown Tillsonburg and it is notable that the proposed new supermarket facility at 40,000 square foci would be approximately 150% as large as the downtown facility. ii) There is a second scenario mentioned in Mr. Dee's Peer Review. lie says: "assuming a replacement of the vacated Valu-Mart space in the Town Centre with another supermarket operation, the additional new supermarket space entering the market by 2003 together with the Rock Developments' proposal, will be some 74,400 square feet, virtually double the estimated warranted additional supermarket space. Under this scenario, if one is to assume that the new space will achieve in excess of $400 per square foot, then it will be at the expense of the base year sales Ievel with the impact likely in excess of -35%. The reality is that one of the most experienced supermarket banners could not Justify continuing to operate in the Town Centre. Given this evidence, I believe, it is extremely unlikely that another supermarket operator will take up the challenge where a well-known banner has so recently seen fit to cease operation. It is important to note that without replacement of the Vatu-Mart in the Town Centre, the planned function of the downtown core is not at risk with the A&P store continuing to provide supermarket service across the street from the Town Centre'. The BIA takes strong exception to the contention that the planned function of the Central Area is not at risk and that is the reason for the zoning appeal. We feel it is essential that major retail activity continue to occur in the Central Area. Marge retail uses of this nature are allowed to locate in the highway Service Commercial designation, they will effectively cut off business to the Central Area and greatly reduce the magnitude of retail and commercial activity taking place in the ventral Area. The purpose of the Highway Commercial designation is not to undermine or compete with uses in the downtown area but rather to compliment these uses. It is quite reasonli bte for furniture stores, building SUWy Celltres and SiMilar uses to locate in the &MCC Commercial areas- Highway Commercial lands NOV-05-02 TUE 15:18 R CARROLL 5198428825 P-03 should be used for uses that cater to the convenience needs of the eommunity and by this we mean convenience stores in the range of 5,000 square feet. The idea that a 40,000 or 50.000 square foot supermarket can constitute a convenience use makes a mockery of the protections provided to the Central Area by the Official Plan and is a matter of deep concern. The eery hierarchy of the Official Plan upon which investment decisions have been made in the Town of Tillsouburg is threatened by the proposed Official Plan amendment and the Zoning By-law that has bct:n appealed. We ask the Town and County Councils to take these concerns into account in making a determination regarding the appropriateness of the requested amendment. The supermarket proposed at 40,000 square feet has already indicated that it wishes to expand to 50,000 square feet and that there is room on the site to accommodate this. If all 50,000 square feet of available retail space is taken up by the supermarket, the convenience and other nods of residents cannot be met within the existing designation. It seems likely that in this event, there will be pressure on the Councils to expand the amount of land available for retail purposes in the north end. This also would be very much to the detriment of the planned function of the Town Centre. Please note our concerns regarding the proposed Official Plan amendment and confirm your receipt of this letter. Yours very truly, Patricia Hynes Chair Tillsonburg B.I.A. DC: 11/06/2002 13:37 5198424261 SZORENYI PAGE 01 County Planning Department, County of Oxford, P. 0. Box 397, WOODSTOCK, Ontario. N4S 7Y3 Attw-Jame RM Dear Sir: , v 07 0300RD NOV - 7 2002 November G, 2002. Post-Ir Fax Note 7671 ° Z. pap# ats 2 co. �# - 3 - 1 ` °"S�9- 8yxCMS' FOX f S — - Z Fan i 1 q—eJ12 —tf"--P6 1 Re: Official Plan Amendment Application Rock Developments Inc. Part Lot 7. Concession 10. Dereham Gyulveszi Properties Inc. (G.P.I.) has serious concerns about the Official Plan Amendment requested. G.P.I. have made substantial and serious investments in the Commercial Core of the central area, which would be undermined by this Amendment. There have traditionally been three grocery stores located within the Commercial Core area of the Town of Tillsonburg. Those grocery stores were the A & P, Loblawe and I.G.A. As the County is aware, there is presently one grocery store, the A & P, in the central area. The second store is now vacant. The third, (Loblaws) is now in the Norfolk Mall. The Official Plan Amendment applied for will permanently relocate the second grocery store to the northern fringe of the Town. The Market Studies prepared by the Applicant quite clearly indicate that if the Sobeys Grocery Store is allowed to proceed at the north end of Town, there will, not be another store operating in the Town center. The Downtown Core area will be negatively affected if major retail activity, such as a grocery store is allowed to locate at the fringe in a Highway Service Commercial area. There are four anchor tenants located in the Downtown at present: Zellers, A & P, Canadian Tire and the vacant grocery store. Adjacent to the proposed North Broadway location of Sobeys is land that would clearly be suitable for the 11/06/2002 13:37 5198424261 SZORENYI PAGE 02 relocation of Zellers or Canadian Tire. Once the Official Plan Amendment is allowed transfering a Downtown Cone business such as the Supermarket, how could the County possibly refuse a similar Application by Canadian Tire too. The land use policies for Tillsouburg designate the Downtown Commercial Core as the highest order retail shopping district. The service Commercial area such as that at the north end of Broadway is to cater to the commercial needs of the traveling public and is not to compete with Downtown. I have heard comments from Downtown Business owners suggesting that they would prefer to locate out of the Central Core as property taxes are cheaper, development costs are cheaper and land is cheaper. Why should they not be allowed to leave the Central Core along with the grocery store? There are presently eighteen vacant stores on Broadway with a vacant 34,000, foot grocery store in the Town Centre Mall. The County is aware of the south end of Broadway, which has been vacant for twenty years. Given those circumstances and given the weakening of the Official Plan, which would allow the escape of other anchors out of the Core, it seems that the Official Plan Amendment requested, if approved, will be the final nail in the coffin of another Downtown. Yours very truly, GYv TIES INC. Per• MGS/dw Mic Please confirm your receipt of this letter and copy us with all future correspondence relating to this Amendment. County Planning Department, County of oxford, P.o. Box 397, Woodstock, Ontario. N4S 7Y3. Attention: James Hill. Dear Sir: M.I.T. Group Inc. 155 Broadway, Tillsonburg, Ontario. N4G 3P7. -i NOV - 8 2002 FiLL: Re: Official Plan Amendment Application -,- =' ._ Rock Developments Inc. Part Lot 7, Concession 10# Dereham_ M.I.T. Group Inc. is the owner of a Downtown Core property, located at the corner of Broady ab RidoUt artStores Street. s property has been occupied over theyears Y Department ment Financial Institutions and. office Commercial in Tenantthes. hof is building situate at the prime Downtown orner Tillsonburg is 90$ vacant and has factors. beeFl= t for grocery storost two years. lef t The vacancy is due to t the Town Centre Mall resulting na reduction of unaffordable by mostic tenants. downtown.Secondly, the property taxes are There are a number of vacancies the south end Downtown th thas Core, been including a vacant Supermarket barren for twenty five years. It seems to me ludicrous that Planning Departments could consider an prime Downtown anchoricial Plan tenant ent that would allow the relocation of a perhaps to the fringe, leading further examples devastation such asDowntown. Perhaps St_ the Planners could learn from Thomas and Brantford and try not to repeat the mistakes of the past. Yours very truT�lTy # M.I.T. GROUP INC Per: GEORGE GILVESY, JR. TO 39dd IAN3WZS 19ZVZ086TG 09:bT ZOOZ/LO/TT N01►'-D6-$OOZ 16:43 FROWMLDWELL BANKER: PARET REALTY 518-688-3T96 T-res P•001/002 F-462 Gtivesy Entert_ , .es .tnc. .: _ ; '• • - .. : • ' : - ; ; • a =-'rIIj80ILbUFB� Ontario N48 3C7 .. - = - - . - -` : t ' r _ f - _ - - ' . • . r Tel: • (519) 842 84Z1 . • _ ' - :Fax: : _ . .Jrl 1•"�_'$$- - • _ - _ * _ - r ^ r.Qp NOV 7- 2002 -- -- ' - " - • Mr.. Tames Hill . : : •' •'_ _ • ; - .. F_ -,•- • Jt-i_.. P_! • • TD - = = Manager, Coainiunity add'Strategic Plas�nUM F . • , . _ _ _ - .. County of Ozfi;rd - - - ' - ::. • - „ _ _` . ' :.:- _ - • _ . Ear: • • - 519-537-3024_ • ... -• . ' -- _ • . • - _ • ' • - • = :. D te:. • ' Nov ' 6, 2002= : ' . • _ : " _ _ - ' Frorzi::: Join G. Clilve* P.PI g.; Gentrac Services- - _ - _r . • Yj&rence• - • - P1an=A•meadmeni APPlicati°n, •-- _ � r _ _ _ • . _ . _ • :: • • _ . " - :Official _ _. - • . ' . • _ _ - . Rock DnveloPMCI tS.Inc.. - _ • . - - - •Z. Dean Mr.1, _ . - _ - - _ • . _ - • - - . • , .- concern about the :official Plan - . roguested by Rock' We are �vntmg to express our . • - • = Developments Inc. fDr semeral reasons including:.. • : - ' _ . - ' T • ' :. - s ' u�d be located in the cow core of the' • • _. RTe are of the •opinion that a gxocay store slio • . _ . " . _ Central 1Atea so as to support a strong, vital a_ nd healthy :downtown, The downtown _ _ _ s-bave.made•investi =ts in .downtown and its future."Allowing a groc�Y • . . • _ end_Property ov�Irser. impact the care, (n) reduce • '_ ' store to•Iewe in as are area outside of the core, (� Y �S IY o� a second grocery store•'to the core,:and•(m� draw traf6cc away -from _ -' • stores is the.cow Comm=rcial Working Group, a wide Cross _section of •' interests iaschu iDg' town :colors, staf . county Plant, economic development . . � t ``thcOen'trai (CG'� zone is • • :o > �� estate br�ka, and • _ : + _ y . = ... . - -• - blendea to be t& bighest-order retail shopping diMict, caPble of �enng the c Y- _ . ..: of tbhe resdents•of the Towa.of TflIsonbinrg and-suricounding areas". We concur vft the• .. .. • _ ' .. th C0MP=CIw Working Croups re co ' n at a grocezy store should be' located in the CentiCbmm�ercial Zoue (see Tows of Ti7lsbnburg Drafi: Zoning By_. w . •December 1997). NOV-06-2002 16:43 FROWCOLDWELL BANKER: PARET REALTY 618-688-3T86 T-TBS P.002/002 F-462 -2- store to locate outside of the core may ``open the gas" and potevWy lay 2) Allowing a grocery the ground work for other commercial wemsts h1ce. Canadian Tire and Zellers to also es f such outside the downtown core. We are all familiar with the devastated downttown excess of $100 co ' ' as Brantford, St. Thomas, Sarnia, etc. London has recently in its xcess Nldlion to try to revitalize its core, including the garden market, library, spo projects. Con wities the.sim of Tillsonburg do MOT %ave the ability to fund such huge expenditures to revitalize their cores. 3) Ti7lsonburg has a vacant grocery store in the downtown core, and as under-utilized parcel in its south end that may also be suitable for a 40,Ooosf grocery store. According to the National Main Street Centre, 'Downtown is a symbol of community economic health, local quality of "k pride, and community history. T}rese are all factors in mdusmial, commercial, and a strongerpro recruit==. In addition, a `vital downtown retains and creates jobs, which also. aeRns downtown tax base." We must first revitalize our core area and promote redevelopment of o ur under-utffized areas before such uses (ate a grocery store) are allowed to locate outside the core. This policy is consistent with previous OMB rulings pertavning to the interests of the Town of Tillsouburg, and the much publicised provincial "Smart Growth" and "Brownfields" initiatives. 4 The proposed of cisl plan is site specific and accordmgly, may prejudice other ' • p�PaY owners of highway commercial propert�s in the town of'iTdlsonburg.. Please note our concerns regarding the proposed Official Plan a=xbumt and confirm your receipt of this letter. Should you have any questions, please do not hesitate to contact us. . Truly, .. _ Gbesy Enterprises By: Gecltrageferr iges . VWeA John > P.Eng• Titsonburg i Public U__j Library Matthew Scholtz • Chief Librarian November 16, 2002 Tillsonburg Town Council, Tillsonburg, ON. Dear Members of Council: 2 Library Lane, Tillsonburg, Ontario. N4G 4S7 (519) 842-5571 Fax (519) 842-2941 At the Library's Board's meeting on November 14, 2002, the Board passed the following motion: Resolved that the Library Board ask Tillsonburg Town Council to place into reserves, all donations in excess of the $1,000 donation budget amount, as well as all 2002 interest revenue from the Ross Allen account, unless these funds are required to cover an unforseen 2002 deficit. Because the Library's reserve funds were depleted following the replacement of the roof, the Board considers it prudent to rebuild its reserves for building emergencies and automation upgrades. Since both donations and interest income is intended to augment Council's financial support for the Library, the Board would like to assign these funds to a reserve. Thank you for your kind attention and consideration. Sincerely, Matthew Scholtz Secretary -Treasurer c: Cynthia Hildebrand REPORT Town of Tillsonburg DATE: November 18, 2002 TO: D.C.Morris, A.M.C.T., C.A.O./Clerk FROM: K. Musselman, Municipal Bylaw RE: Overnight Parking 2a.m. - 7a.m. PURPOSE Review overnight parking on all streets 12 months of the year. BACKGROUND On February 26,2002 Council passed Bylaw 2997 being a by-law to regulate traffic and parking of motor vehicles in the Town of Tillsonburg. As a result of this bylaw being passed the Town has received documentation over the overnight parking being all year round. Municipal Bylaw Officer has also received complaints. It should be noted Town council members have received some comments from the general public regarding overnight parking. COMMENTS At a recent Police Service Board meeting and a meeting with C.A.O Dave Morris the following points were brought up regarding no parking from 2 a.m. - 7 a.m. all year round. Report -2- 1. Snow removal - Town would be able to do a clean sweep of the town streets more efficiently. Plows do not have to go in and around vehicles. 2. Street sweeping is done from 4 am to 12 pm. from April 1st until it snows. 3. Fire Trucks can get through. A lot of the streets are too narrow for a fire truck to get through if there are vehicles parked on the streets. 4. Traffic accidents - Hit and Runs would be decreased. 5. Heavy Truck, trailers issues - Be less of a problem with transport trucks and trailers parked in a residential area. 6. Painting Lines on the streets will be much easier. Vehicles can be diverted around the cones- cannot do it if there are cars parked. Line painting is done from 4 a.m to 12 p.m. 7. Abandoned Vehicles- Every year we get numerous calls of vehicles that are parked on the street unplated, flat tires. They sit there for months until someone complains. This would be eliminated in a more timely fashion. 8. Town has spent a large sum of money on 11 large signs at the entrances of town. 9. Numerous residents are in the process of putting in driveways or have already. 10. Solves the problem of the neighbors parking in front of other people's residents overnight. Receive all kinds of calls in that regard. Happens more at night than the day because people are working. Note: Municipal Bylaw Officer has received a total of 7 complaints. 4 out of the seven have put in driveways and the others are in the process of getting encroachment permits. Received two or three calls in favor of the overnight parking restriction. 2 Report -3- Recommendation THAT the staff report regarding overnight parking, dated November 18, 2002, be received and that By -Law 2997 be implemented without modification. 3 REPORT Town of Tillsonburg DATE: November 19,2002 TO: David C. Morris, CAO FROM: Kathleen Musselman, Municipal Bylaw Officer RE: Taxi and Limousine Regulating By-law PURPOSE To present, for Council's consideration of third and final reading a by-law to license, regulate and govern taxicab owners, limousine owners and drivers of motor vehicles used for hire, and for limiting the number of taxicab licenses. BACKGROUND At the regular meeting of Council held January 28, 2002, the above -mentioned by-laws were given first and second reading. At the regular meeting of Council held March 11,2002 the Council directed staff to amend the bylaw to remove section 70) that requires taxicabs to be removed from service after reaching nine model years of age. A letter along with a copy of the proposed changes to the bylaw was sent to KTN Taxi & Delivery, Al's Taxi & Delivery and Let's Go Limo offering an opportunity for submission of comments on or before November 1512002. Taxi and Limousine BY -Law To date we have received the following comments from the public (attached): Correspondence dated November 15, 2002 from Al's Taxi & Delivery Service requesting to be listed as a delegation before Council; Under Definitions — (o) "Taxicab" means a motor vehicle, which is kept or used for hire for the conveyance of passengers and/or goods, excluding alcohol, with a seating capacity of not more than six people, exclusive of the driver; Al 's Taxi Question Asking what if they are carrying more than 6 passengers Response Under the by-law it states — taxicab cannot carry more than six passengers, exclusive of the driver. 1. 6(c) Each Taxicab driver shall: unless his taxicab has been previously engaged, serve at any place within the Town and at any specified time, whether by day or night, any person who may lawfully require his taxicab however, have the right to refuse a customer on the basis that the driver is concerned for personal safety or that the driver has a reasonable belief that the customer may not be able to pay the fare: Al 's Taxi Question We are told where we can pai k and where we can't park. This makes is hard to follow this bylaw, which expects us to serve the Town. Response Have received several complaints from businesses on Brock St. of numerous cabs taking up most of the parking, leaving very minimum parkinz for customers. 2. 60) Each taxicab drive shall take the shortest and quickest possible route to the destination of the passenger, unless the passenger directs the taxicab driver to take another; Al 's Taxi Comment Comment made that these by-law sounds like it follows more for metered cabs. In Tillsonburg we don't seem to follow this because you can travel almost anyplace in Town for $4.50. Response This section in the bylaw is useful in preventing the taxicab drivers from Picking up other passengers along the way or doing deliveries. This section of the by-law would also be useful at such time if they were to po to meters. 3. 2(b) Each applicant for an accessible taxicab driver's license shall satisfactorily complete a sensitivity course, identified by the Municipal By - Law Officer, pertaining to the transportation of physically disabled person; Al 's Taxi Question Who is required to supply this course and will our By -Law Officer also be required to complete the course. Response By -Law Enforcement Officer will arrange to have agualired instructor conduct a one -day course consisting of defensive driving and the caring of disabled_ 4. 10 (2) The rates or fares to be charged by the owners of licensed taxicab shall be fixed by the said owners, provided however, that the rates and fares so fixed shall be published by each owner once in a local paper having general circulation in the Town at least two weeks prior to the effective date of such rates or fares or any change thereof. S. Al 's Taxi Question Why should we taxi companies be responsible to give the public 2 weeks notice to raising the fee. Response The existing by-law provides for taxi owners to set their own rates subject to providing public notice, which keeps things fair between companies. 6. Questions from Al's Taxi We are allowed only one cab to be parked in our stand. If we park on Brock St. to go for breakfast then the restaurant owners complain about taking up customer parking. However while we are eating there, we are customers. Response The businesses on Brock St. have a concern because the parking is very limited on that street and request to have it open for elderly people. Correspondence dated November 15, 2002 from Let's Go Limo requesting to be listed as a delegation before Council. Let's Go Limo has requested to speak briefly with Council this evening regarding his concerns. Attached is a copy of his concerns. 1. Limousine (Van) means a van -type passenger motor vehicle that is kept or used for hire on an hourly or flat rate basis for the conveyance of passengers but is not equipped with a tax meter, a top light or roof sign of any kind. Let's Go Limo Question I have a limo bus not a van Response Limo bus can be included in the by-law under Definitions. 2. 4(1)(f) Within the Town of Tillsonburg shall keep or use for hire for the conveyance of passengers within the Town any motor vehicle, other than a bus that is licensed by the Province of Ontario, a taxicab, an accessible taxicab, or limousine. Let's Go Limo Statement I do not understand this section please clarify. Response No other motor vehicle other than a licensed bus, taxicab or an accessible taxicab or limousine can be used for hire for the conveyance of passengers with the Town of Tillsonburg. 3. 5(1)(e) Each applicant for a taxicab or limousine driver's license shall if so requested, submit to fingerprinting and photocopying by the OPP Detachment. Let's Go Limo Statement I do a background check on my drivers. I am not going to hire someone who is not going to fit in my line of business. I think this is not a need requirement for operations of a Limousine business. Response No business has access to criminal record checks on people for hire. It is very essential that this be a requirement in the hiring of any staff who will be in contact with potentially vulnerable members of the public e.g. Children, elderly. 4. 5(3)(d) Each applicant for a taxicab or limousine owner license shall have the motor vehicle which is to be licensed as a taxicab or limousine licensed for the current year under the provisions of the Highway Traffic Act of Ontario, and file with the Municipal By-law Officer, proof that the said motor vehicle is either registered in his own name or leased by him. Let's Go Limo Question W7iy? Response As a municipality it is a necessity that we have proof of insurance and that he owns the vehicle. 5. 3(e) Each applicant for a taxicab or limousine owner shall file with the Municipal By-law Officer proof of insurance in respect of each vehicle to be licensed indemnifying and protecting the owner and the public, including passengers carried in such vehicles in the amount of $1,000,000.00 inclusive of public liability and property damage. Let's Go Limo Statement I have insurance. Response The Municipality requests $1,000,000 liability minimum. Proof of the $1,000,000 liability must be presented and Should the business have excess of $1,000,000 liability it's up to the business owner. Proof must be presented. 6. 5(3)(f) Each applicant for a taxicab or limousine owner shall submit a certificate of mechanical fitness as prescribed by the Highway Traffic Act of Ontario with respect to the vehicle to be licensed, should said "vehicle be in used conditioned at locations as specified by the Municipal By-law Officer. Let's Go Limo Question I do not have t file with the Ministry of Transportation every year with my vehicle. Why do I have to file with the Town? Response It is regulated in the by-law that a licensed vehicle has to pass a certificate of mechanical fitness (for the safety of passengers). 7. 5(3)(g) Each applicant for a taxicab or limousine owner license shall in the case of an individual, and in the case of a Corporation or firm, an officer of the Corporation or firm, file with the Municipal By-law Officer a valid certificate of completion of an approved Training course in defensive driving, customer service and sensitivity Recognized and approved by the Municipal By-law Officer or satisfy The Municipal By -Law Officer that the individual or officer met the Examination standards. Let's Go Limo Question have taken Driver's Training when 1 was 16. Why do 1 have to take? It again? Has driving ability gone bad as a result of this By-law? Response It is mandatory that taxicab and limousine drivers have the Defensive Driving Course when transporting the public. A higher standard is required for those entrusted with the safety of the public. 8. 8(1)(a) Each limousine driver shall be neat and clean in person while on duty and, if a driver of an executive or stretched limousine, wear a uniform approved by vehicle owner; Let's Go Limo Statement I am in charge of what I wear not the Town of Tillsonburg. Response The owner of a business is the one who will wive approval to the driver's apparel as stated in the by-law. 9. 8(1)(b) Each limousine driver shall: punctually keep all appointments and engagements. Lets' Go Limo Statement It is up to me to keep my appointment not the Town of Tillsonburg, Otherwise 1 will not be in business very long. Response When drivers are licensed by the Town of'Tillsonburg punctuality is in the best interest of the public and the business owner. 10. 8(1)(c) Each limousine driver shall maintain the interior and exterior of the limousine within his control in a clean and tidy condition; Let's Go Limo Question I keep my vehicles clean when they are being used. Again, what gives? the Town of Tillsonburg the say on how clean my vehicles are? I have seen a few town vehicles dirty but there is no by-law on them on being clean when they are being used for work. Response When vehicles are not clean when they are being used, it is not in the best interest of the public or the business owner. 11. 8(1)(e)(i) Each limousine driver shall upon the request of any passenger, provide a receipt for the fare or charge made and paid; Let's Go Limo Question Again, I provide receipts when asked. How is it any business the Town of Tillsonburg? Response The customer has the right to ask for a receipt. 12. 8(1)(e)(ii) Each limousine driver shall take due care of any property delivered or entrusted to him and accepted by him for conveyance or safekeeping and immediately upon termination of any hiring or engagement, search the limousine for any property left therein and deliver to the person owning the same all money or property left in his limousine; or if the owner cannot be at once found, deliver the said property to the Oxford County OPP and report all information pertaining thereto in his possession; Let's Go Limo Question If anything is left in my vehicle, I return the left items as soon as possible. How is the Town of Tillsonburg having a say in this? Response Ensure the quality of limousine service is maintained by drivers. 13. 8(1)(e)(iii) Each limousine driver shall maintain daily trip record of all trips made by him containing the following information; i)the numbers of the limousine owner license issued pursuant\ to the provisions of this by-law; ii)-his name, address and limousine driver license number; iii)the date, time and location of the beginning and the termination of each trip and the number of passengers carried; iv) -the amount of the fare collected for each trip; v)unless his limousine has been previously engaged, serve at any place within the Town and at any specified time, whether by day or night, any person who may lawfully require his limousine; Let's Go Limo Question No way is the Town of Tillsonburg having access to my books of business or logs. My clients are renting my vehicle for private transportation. How is it the Town of Tillsonburg privileged to this information? Response Ensure the quality of the limousine service is maintained. IE. Drivers are working reasonable hours. This is a public safety issue. 14. 8(1)(f) Each limousine driver shall make his trip record and all information as to passengers carried available to any Police Officer and to the Municipal By-law Officer when requested to do so; Let's Go Limo Question No way my clients are to be kept confidential. Response The business is licensed under the Town by-law, therefore we are to ensure the service is maintained The names of individual passengers are not required 15. 8(1)(g) Each limousine driver shall have the right to refuse a customer on the basis that the driver is concerned for personal safety or that the driver has reasonable belief that the customer may not be able to pay the fare. Let's Go Limo Statement I have the right because 1 own the business. If I don't want someone in my vehicle 1 have the right to refuse because I pay the bills not the Town of Tillsonburg. Response Absolutely correct. This by-law is in effect to protect the driver of the limousine. 16. 8(2)(a) A limousine driver shall not solicit any person to take or use his limousine by calling out or shouting or by any other fashion. Let's Go Limo Statement How did this make it into the by-law is beyond me. Response This by-law is to protect your business. It has been an issue in other municipalities 17. 8(2)(b) A limousine driver shall not be under the influence of any intoxicant or take, consume or have in his personal possession any intoxicant while in charge of a limousine; nor shall the use thereof by him be apparent while he is in charge of the Iimousine. Let's Go Limo Question Does not the Highway Traffic Act of Ontario take care of this? Response Yes the Highway Traffic Act will take care of this but it is a by-law that will enable the Town of Tillsonburg to act in regards to the reissuances of licenses. 18. 8(2)(c) A limousine driver shall not utilize any taxicab stand or other location specifically set aside for the use of taxicabs; Let's Go Limo Question Is the Town of Tillsonburg going to give me any special parking? Response No. 19. 8(2)(d) A limousine driver shall not carry any passenger who is under the influence of any intoxicant while his limousine is occupied by a person or persons who are not accompanying the person so under the influence; Let's Go Limo Statement 1 don't understand this by-law. Response This is a public safety issue and an insurance issue. A customer deserves to be free of anyone under the influence. 20. 8(2)(e) A limousine driver shall not smoke while a passenger or passengers are occupying the limousine Let's Go Limo Question How is the Town of Tillsonburg regulated to say I cannot smoke in a vehicle which I own or lease, pay for the upkeep, pay for other bills and besides I allow my clients to smoke in my vehicle and yet 1 can't, something is wrong. Response This is public safety issue. Many people do not smoke and have a richt to expect a smoke free environment while they are a paving customer. 21. 8(2)(f) A limousine driver shall not if driving an Executive Limousine: i) induce any passenger to employ his vehicle either knowingly, wantonly or willfully by misinforming, misleading or deceiving the passenger as to the time or place of the arrival or departure of any train, boat, or other public conveyance, or the location or distance from any part of the Town of any railway station, boat landing, hotel, public place or private residence or other place, nor in any manner or form impose upon, deceive or in any way insult, abuse or mistreat any passenger; and carry any person while on duty or subject to call, other than the person or persons employing his services, unless first approved by that person. Let's Go Limo Question This would be bad for my business. My business is not in the habit of doing this, however, how does the Town of Tillsonburg have a say in how I run my business? Response All businesses in The Town of Tillsonburg must be licensed and the quality of service is maintained. 22. 9(1)(a) Each limousine owner shall hold a separate limousine owner license for each vehicle used or kept for hire as a limousine; Let's Go Limo Question This is a way for the Town of Tillsonburg to get money. What do I get from this? If it guarantees me exclusive rights to the Town of Tillsonburg residents, than I will not have a problem with this section. Response Every business has to be licensed with the Town of Tillsonburg as so do the vehicles. 23. 9(1)(b) Each limousine owner shall maintain insurance on each vehicle; Let's Go Limo Question Does not the Traffic Highway Act state all vehicles in Ontario must have valid insurance? Response You must show proof of insurance. This ensures compliance with the Compulsory Automobile Insurance Act. 24. 9(1)(d) Each limousine owner shall submit each licensed limousine for safety inspection by a qualified and licensed automobile mechanic annually, and at such other times or times when requested to do so by a Police Officer or by the Municipal By -Law Officer, and submit to the Municipal By -Law Officer a valid Safety Standards Certificate issued in accordance with The Highway Traffic Act of Ontario at the time of the limousine owner license renewal or transfer'; Let's Go Limo Question The Highway Traffic Act again looks after safety of vehicles. Why do I have to submit a safety every year? If my vehicles are unsafe my clients will not ride in them or I will not drive them. Response This is a public safety issue. The Town of Tillsonburiz holds public vehicles to a higher standard than private autos. 25. 9(1)(e) Each limousine owner shall submit each licensed limousine for general inspection by the Municipal By -Law Officer or by a police officer annually, and at such other time or times when requested to do so by either of them; Let's Go Limo Statement The vehicle can be inspected anytime when it does not interrupt my business or inconvenience myself. This means they can come to me. Response The By -Law states that you will be inspected by a garage of the Town of Tillsonburg's choice for public safety issues. 26. 9(2)(a) A limousine owner shall not employ any person to operate I limousine who does not own a valid limousine driver license issued pursuant to this bylaw. Let's Go Limo Statement Again, the Highway Traffic Act has a section on this type of operator. Response When owning a limousine business in Tillsonburg it is required that all drivers are to be licensed through the Town of Tillsonburg. Public safety issue. 27 9(2)(d) A limousine driver shall not use, or permit to be used in any of his limousines, any type of scanning device, more than one two-way radio communication system, or more than one cellular telephone. Let's Go Limo Question The driver will have a cell phone on his/her person and what I can't let my passengers bring their own cell phones with them. Who came up with these bylaws? Response This bylaw pertains to the owners. Cell phone issue can be removed 28 13 The annual license fees to be paid to the Town for those licenses referred to in this by-law shall be as outlined in Schedule "A" (License Fees). Annual Limousine Owner's License Fee is $100 annually Annual Limousine Driver's Renewal License Fee is $15 annually Annual Limousine Vehicle in Carrying Passengers is $35 annually. Let's Go Limo Statement I have already paid for my home base business license and that should be a sufficient amount of money. Response These $100 fees are paid to the Town of Tillsonburk annually to allow you to conduct your business in the Town of Tillsonburg. If you were to hire a limousine driver it is mandatory the limousine driver purchase a license from the Town of Tillsonburg at $25. This license is renewable yearly at $1 S. Questions from Let's Go Limo 1. Am I going to get special parking in front of my home for my limousines? As the taxis in town do? Response: The Taxi companies and yourself do not get special parkin privileges for the overnight parking. 2. If I go and pick up a London resident in London (this is a example city) where these bylaws originated (so I am told) I get a fine of some dollar figure, for not having a permit on my vehicle to operate in that town/city of London. This is also true for all the G.T.A. and Kitchener, Cambridge, Guelph, Hamilton and Ottawa. Is there going to be a bylaw to protect my investment of abiding to these bylaws for the out of Towner's coming into the Town of Tillsonburg and picking up? Response: No 3. What is the fine for OUT of Towner's picking up in Tillsonburg? Response: There is nor ne 4. Next if the Town of Tillsonburg has a Bylaw that only 3 Taxi companies can operate in Town of Tillsonburg at any one time. Now how many Limousine companies can also operate in Tillsonburg? If I have any say I would like the answer to be one — Let's Go Limo Response: The Town of Tillsonburg is not limiting the Town to one limousine company. 5. Now what if I was to have a couple part-time drivers. Is the charge $25.00 per driver? Response: Yes. LONG POINT REGION CONSERVATION AUTHORITY FULL AUTHORITY - MINUTES October 2, 2002 The Full Authority met at 7:30 p.m. in the Boardroom with all members present except B. Moerschefelder and D. Wynia. Staff present included J. Oliver, P. Bravener, B. Baskerville, J. Robertson and D. Holmes. Chairman C. Evanitski called the meeting to order and welcomed everyone. He asked if there were any additional agenda items and received four from P. Black. The Chairman called for any disclosures of interest and received none. The calendar of events was reviewed for October. DEPUTATION: The Chairman called upon M. Wilson, Chairman of the Backus Management Board and C. Poff, Director of Operations at Backus who were in attendance to speak to a proposal for 24 new three-way serviced campsites at Backus C.A. M. Wilson expressed a special thank you to D. Holmes and B. Baskerville for information provided for the report and a thank you to F. Sanderson for the suggestion to bring it forward to the full board. Chairman M. Wilson focussed on ideas that the committee have and are reviewing and investigating to raise revenue and try and become self sufficient. M. Wilson pointed out that the site has been approved for tree removal by S. Sheers, Tree Commissioner for Norfolk County. The management board decided in the fall of 2001 to accept the idea and proceed with the first phase of development if funding was available. C. Poff provided the background and analysis of the seasonal sites and nightly operations for the past five years. A staff report dated September 24, 2002 prepared by C. Poff, along with two draft reports, on profit loss projections over a ten year period, prepared by B. Baskerville were reviewed. The message from the Director and the Backus Management Board to the full board was they feel they have to have the infrastructure in place to generate the revenue they feel this area is going to make. Several members asked questions regarding fees expected for the sites, how staff were dealing with escalating hydro costs, competition from private campgrounds and if any other campgrounds in the area were planning any expansion of camping sites. The Director was asked if there was a list of individuals who have made a commitment to camp at Backus if and when sites became available. D. Holmes reminded the members that when Haldimand C. A. planned for expansion a list of seasonal campers were committed prior to approval of the capital project. Chairman C. Evanitski thanked M. Wilson and C_ Poff for the presentation. MOTION A-57 moved by P. Black, seconded by C. Ashbaugh and carried to approve the Backus Campsite Expansion in principle and further that the financial information be reviewed by staff and further that the project be included in our 2003 budget process. The Chairman called upon J. Robertson, Supervisor of Community Relations who reported that the authority will have an exhibit at the Norfolk County Fair and the focus is on groundwater. J. Robertson asked members to volunteer to man the exhibit. She reported that on November 1, 2002 the Carolinian Canada site at the South Walsingham Forest will receive recognition through funding from the Trillium Foundation for a bronze plaque. The site is one of 38 sites FULL AUTHORITY COMMITTEE MEMBERS Allan Ashur, Craig Ashbaugh. Peter Biack, Larry Chanda, Cliff Evanitski, Sam Lamb, Brenda Moerschtelder, Roger onh, Floyd Sanderson, Oolf Wynia -1- i being recognized. The LPRCA is partnering with Carolinion Canada, MNR, Bird Studies Canada, and Norfolk Field Naturalists to plan the local event. The unveiling ceremony will take place at 10 a.m. at the Wilson Tract with a short walk through the woods. The Supervisor of Community Relations announced that the annual Christmas event would be held on December 61h at the Delhi Golf and Country Club. Members: guests and staff will receive official invitations during the latter part of October. MOTION A-58 moved by F. Sanderson, seconded by P. Black and carried that the minutes of the previous meetings of the Full Authority held August 7, 2002 and September 5, 2002 be adopted as circulated. BUSINESS ARISING: D. Holmes, Field Superintendent reported that he met with J. Cardwell and all three sites have been corrected to meet LPRCA's standards. J. Oliver, General Manager reported that there doesn't appear to be any action by the province to date to acquire the T.H. & B. Rail Line between Waterford and Brantford. P. Black expressed an interest in making contact with the ORC staff who is involved with the process and discussing the interest that has been shown by the various agencies. Members agreed. e D. Holmes, Field Superintendent reported that since the last full board meeting he has met with G. Kibalenko and he is satisfied that Mr. Kibalenko has completed the items for which he was requesting a 10% rebate for construction/capital. MOTION A - 59 moved by R. Orth, seconded by C. Ashbaugh and carried that up to $1,249 (based on 10% of 2001 revenues received by the Authority) be provided to Izzy's Inland Outfitters for capital projects, as requested, in accordance with Motion RM- 2, March 11/98. The General Manager reported that a formality/housekeeping item needed to be done with full board approval for the appointments of the two replacement members for the Backus Management Board that the BMB had approved in June/02. MOTION A - 60 moved by F. Sanderson, seconded by A. Arthur and carried that Sandy McDonald and Carolyn Worrall be appointed to the Backus Management Board effective June 19, 2002, as recommended by the Backus Management Board on September 18, 2002. FINANCIAL REPORT: P. Bravener, Supervisor of Finance reported that a 3`a quarter report for the period ending September 30th would be presented at the next full authority meeting. CORRESPONDENCE: J. Cardwell: regarding lots 39 and 42 and a further request for a meeting. J. Cardwell informing staff lots 42 and 43 will be completed to standards as requested by September 15, 2002. FULL AUTHORITY COMMITTEE MEMBERS Allan Arthur. Craig Ashbaugh. Peter Black. tarry Chanda. Cliff Evanitski. Sam Lamb. Brenda Moerschfelder. Roger Cirth. Floyd Sanderson, Doff Wynia -2- P Fisheries and Oceans: regarding the Annual Report for the Fish Habitat Management Program for the fiscal period 2001/2002 and also thanking conservation authorities for their continued effort and support noting the key role played in program delivery. Conservation Ontario: regarding 2003 levy apportionment data for CA's for 2002 to be used for the budget period for 2003. The General Manager pointed out there was very little variance in the previous figures for 2002 and the tiny fluctuation will have very little impact on the municipalities in this watershed. Howdan Inc.: regarding a proposed oil and gas lease for the Roney, Ghesquiere and Travis blocks in the former Houghton Township of Norfolk County and advising of a wording change from volume to "value". J. Oliver noted that he had requested the change in the description based on an identical lease with Greentree. The General Manager reported that the authority had been approached by the company to enter into a gas and oil lease and went on to explain the terms, plus the signing bonus. Senior staff are recommending the lease be approved. MOTION A - 61 moved by A. Arthur, seconded by L. Chnada and carried that the Authority enter a lease agreement for oil and gas exploration with NRG. Corp. for the Roney, Ghesquire and Travis/DeSilver tracts (former Houghton Twp.) For a five-year term, and subject to other special provisions as outlined in a memorandum from the General Manager dated October 2, 2002. D. Levac, MPP, Brant: regarding correspondence from the province re the TH&B and L.E.& N rail lines. Environment Canada: announcing the signing of the 2002 Canada -Ontario Agreement respecting the Great Lakes Basin Ecosystem. The General Manager reported that copies of the agreement are available if any member would like a copy. Cobb & Jones: regarding the LPRCA tendering policy. Mr. Cobb's opinion is it is not illegal per se. However, he suggests to rely upon it, it would be prudent to include the policy in the tendering document or in the alternative, at least make sure that the policy is published or made known to potential bidders beforehand. Both the Field Superintendent and the General Manager reported that this information is standard practice and is included with all tenders the authority does. Conservation Ontario: regarding the 9"' Annual A. D. Latornell Conservation Symposium, being held November 13-15, 2002. The General Manager reported that all requests to attend should be received by October 11 th to meet the October 15"" discount price for the conference. The number of attendees at the conference in 2001 was reviewed. Chairman, C. Evanitski, noted this was a good conference and encouraged members and staff to attend. MOTION A - 62 moved by P. Black, seconded by A. Arthur and carried that the Chairman, General Manager and Supervisor of Finance be authorized to attend the A. D. Latornell Conservation Symposium on November 13 - 15 with registration and expenses paid, with up to three (3) additional members eligible to attend. _ FULL AUTHORITY COMMITTEE MEMBERS Allan Arthur. Craig Ashbaugh. Peter Black, Larry Chanda, Cliff Evanitski. Sam Lamb, Brenda Moerschfelder. Roger Qrth, Floyd Sanderson, Dol€ Wyn:a Norfolk Field Naturalists: regarding comments on the proposed 2002/03 silvicultural operations of the LPRCA, voicing concerns, with a listing of the individual properties. Chairman C. Evanitski asked the Field Superintendent if the authority were to implement any of the recommendations put forth, what kind of impact would it have on operations? He responded that it would impact operations. Discussion followed with several members discussing the items/areas identified. D. Holmes was directed to respond to the correspondence and thank the Norfolk Field Naturalists for their comments. Mr. Holmes reported that draft operating plans will be circulated to groups and agencies in the. fall, and any items of concern, that will be addressed, will be incorporated in those plans. They will have a further opportunity to make any comments at that time. MOTION A - 63 moved by L. Chanda, seconded by S. Lamb and carried that the following items of correspondence be received as information: a) J. Cardwell re: campsite standards b) Fisheries & Oceans re: fish habitat program c) CO re: 2003 levy apportionment data d) Howdan Inc. re: gas lease for Roney, Ghesquire & Travis Tracts e) D. Levac, MPP re: correspondence from Province of Ontario re: T. H_ & B Rail Line f) Environment Canada re: Canada -Ontario Great Lakes Agreement g) Cobb & Jones re: LPRCA tendering policy h) CO re: Latornell Conservation Symposium i) NFN re: proposed timber removal on LPRCA forests FILL., CONSTRUCTION APPLICATIONS: Memorandum dated September 26, 2002, from planning staff reporting eleven pond enlargements, one culvert replacement, three bridge replacements, and four place/remove fill applications. NEW BUSINESS: J. Oliver, General Manager reported on the memorandum dated October 2, 2002 regarding 2003 Business Plan & Budget preparation. Mr. Oliver advised members senior staff have started to work on the first draft of the 2003 budget. He noted that the watershed strategies document will be used to incorporate the budget into a business plan for 2003. Mr. Oliver recommended that a sub -committee be appointed to work with senior staff in the preparation. He stated that we should be targeting to have the first draft ready for presentation and review at the full board meeting in December. MOTION A - 64 moved by S. Lamb, seconded by P. Black and carried that a budget subcommittee of R. Orth, F. Sanderson, C. Evanitski and D. Wynia be appointed to assist senior staff in developing the draft 2003 LPRCA Business Plan and Budget. P. Black reported that Norfolk County has set a guideline for agencies requesting funding for 2003 from the municipality at 3% and will be sending out correspondence to the groups soon. FULL AUTHORITY COMMITTEE MEMBERS Allan Arthur, Craig Ashbaugh, Peter Black, Larry Chanda, Cliff Evanitski, Sam Lamb, Brenda Moerschtelder, Roger Grth, Floyd Sanderson, Dolf Wynia 4- i Bill Baskerville. Supervisor of Planning spoke to the memorandum dated September 26, 2002 regarding the final draft strategies document. The strategies document has been revised to strearriline and more clearly define what the LPRCA intends to do over the next five years. A copy of the draft was circulated to members in the style and format that will be printed. Mr. Baskerville thanked staff and members for their input and contribution to the document and reviewed the stages of preparation and the process. Mr. Baskerville stated that the sub- committee was lolking for approval to print the document and if there were any changes to be added or deleted prior to printing. The cost of printing will be pro -rated to the appropriate budget categories of the 2002 budget. Discussion followed with minor word changes suggested, distribution numbers and locations as part of the discussion. Members thanked Mr. Baskerville, J. Robertson, C. Evanitski and the sub -committee. MOTION A - 65 moved by S. Lamb. seconded by C. Ashbaugh and carried that the final draft LPRCA strategies document be approved, printed and distributed to our area municipalities and other partners and interest groups. Additional agenda items added P. Black: Mr. Black reported that he had attended the Grand River Water Forum held on September 201 with the Chairman and General Manger. Mr. Black reported that the forum focussed on groundwater management and Ontario's Environmental Commissioner, G. Miller was in attendance as a guest speaker. Mr. Black asked how the Backus Management Board minutes are received. J. Oliver pointed out they are information only and are approved by the BMB. If members have any concerns the full authority has input through our two representatives C. Evanitski and F. Sanderson. Mr. Black pointed out that he had enjoyed the LPRCA tour of the watershed in late August and of particular interest was the demonstration on drip irrigation. He stated that since that visit to the demonstration he has researched information on drip irrigation and .asked what the authority has for information and if we should be promoting it as part of our mandate. He pointed out that Chairman C. Evanitski has just recently written an article on drip irrigation. He suggested we add iinformation to the web site. Mr. Black questioned the W. Draper report that was included in the mailing package which is a report outlining the location of provincially rare species and communities within forest tracts and plantations included in operating plan 2002/2003. The General Manager stated it was circulated as information. D. Holmes reported that we report will incorporate the recommendations into the prescriptions/plans. MOTION A - 66 moved by R. Orth, seconded by C. Ashbaugh and carried that the Board enter an "in Camera" session. MOTION A - 67 moved by C. Ashbaugh, seconded R. Orth and carried that the "In Camera" session be adjourned. Discussion in camera was around salary matters. f. The meeting adjourned. Cliff Evanitski ' Pam Bravener Chairman Supervisor of Finance FULL AUTHORITY COMMITTEE MEMBERS A411ar, Arthur, Craig Ashbaugh. Peter Black, Larry Chanda, Cliti Evanitski. Sam Lamb. Brenda Moerschielder. Roger Orth. Floyd Sanderson. Colf wynia -1- PUBLIC NOTICE RECEIVED NUv 2 0 2002 pursuant to Section 3402) of the Planning Act R.S.O. 1990 as amended APPLICATION FOR ZONE CHANGE in the TOWN OF TILLSONBURG 200 Broadway, 2nd Flr., Tillsonburg, ON N4G 5A7 Telephone: (519)842-6428 DATE: November 19, 2002 FILE: ZON 7-295; Mike & Brenda Vanwynsberghe Purpose and Effect of the Proposed Zoning By -Law Amendment The Council of the Town of Tillsonburg is considering an application for Zone Change to rezone the subject property from `General Industrial (M2)' and `Open Space (0)' to `Residential First Density (R1)' to allow for the construction of a single detached dwelling. The subject property is located on the southwest corner of Young Street and Highway No. 3, being Part Lot 1606, Plan 500, in the Town of Tillsonburg, municipally known as 93 Young Street. Public Meeting The Council of the Town of Tillsonburg will hold a public meeting to consider the proposed zoning by-law amendment on: Date: Monday, December 9, 2002 Time: 7:00 p.m. Place: Town Council Chambers, 200 Broadway, 2nd Floor Town Centre Mall, Tillsonburg Attached is a copy of the proposed plans. You are invited to attend the public meeting, and we would welcome your comments or suggestions either in writing or presented in person at the meeting. Other Planning Act Applications NONE Please be advised that Council may approve, modify or refuse the requested zone change at the meeting. If you do not attend or are not represented at the meeting, Council may proceed and may not advise you of any proposed modifications. If a by-law is approved, notice of passing of the by- law will be mailed or published in a local newspaper. If a person or public body that files an appeal of a decision of the Town of Tillsonburg in respect of the proposed zoning by-law does not make oral submissions at a public meeting or make written submissions to the Town of Tillsonburg before the proposed zoning by-law is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. Additional information relating to the proposed zoning by-law amendment will be available for inspection between 8:30-12:00 am and 1:00-4:30 pm, Monday to Friday, at the County of Oxford Community and Strategic Planning Office, Woodstock. If you have any questions regarding the above -noted application, please contact Paul Michiels, Planner, ext. 338, of the Community and Strategic Planning Office Yours truly, n " /-P /db James Hill, MCIP, RPP Manager of Community and Strategic Planning County of Oxford Community and Strategic Planning Office 415 Hunter Street, Court House P.O. Box 397, Woodstock, On N4S 7Y3 Telephone: 519-539-9800; Fax 519-537-5513 . (IIOMM MAY1p F PMPOF IOle oxa�3 1• m®eol a wm a ws p PPt Plmelw cvrrorAw¢. , 3 Ho IP�M pL lAl a••,�s'. �pW nr L PMP � UJP 1 � KIN45 iCQk IPNI I®19m tl P p-10 1HE u lePe Ol.Wellp P Pat 1 � ` mMY 6 OFYO LOT iIOB IDT 1000 00 o� \` vov p�� CGPLpN�4 TE [ w I3 PLLP W 5� STpCT OOV -P �Ax 44` C� ; PART 1 1P�1]31 . CO e, oAo m•i Y LL..t%� •P '� Q F/ 4W YlIeM.�.�� '�.vla`wi�r 00 'er 00 say c^ Q o 00 o; rA MOIEf aof 16 ` It •i-u®.e......�.. s.... 4 % O •p PLLLWLY_ � Tp�LLUM �_ � N1tgXPL PAILWPY41 -�— IjOPMEP CAXAOIAH Mike & Brenda Vanwynsberghe, 93 Young Street (Tillsonburg) n n Application ZON 7.295 '�Sd