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220627 Council Planning Meeting AgendaThe Corporation of the Town of Tillsonburg Council Meeting AGENDA Monday, June 27, 2022 6:00 PM Council Chambers 200 Broadway, 2nd Floor 1.Call to Order 2.Closed Session 3.Adoption of Agenda Proposed Resolution #1 Moved By: ________________ Seconded By: ________________ THAT the Agenda as prepared for the Council meeting of June 27, 2022, be approved; AND THAT Council consider items under section 8. of the agenda after item 7.1. 4.Moment of Silence 5. Disclosures of Pecuniary Interest and the General Nature Thereof 6.Adoption of Council Minutes of Previous Meeting Proposed Resolution #2 Moved By: ________________ Seconded By: ________________ THAT the minutes from the regular council meeting held on June 16, 2022, be approved. 7.Presentations 7.1.Tillsonburg 150 Committee Update Committee Chair, Joan Weston to present a verbal update on the Tillsonburg 150 Celebrations planned for July 1st. 7.2.Boundary Adjustment Committee Presentation Committee Vice Chair, Cedric Tomico to present. Proposed Resolution #3 Moved By: ________________ Seconded By: ________________ THAT the Council for the Town of Tillsonburg receives the presentation from the Boundary Adjustment Committee dated July 27, 2022; AND THAT Council approves the Boundary Adjustment Committee request that a consultant be retained to review the existing 2020 Population, Household and Employment Forecasts and Employment Lands Study versus current growth/ development applications and provide the information to Town Council and County for consideration in the 2023 county population household, employment lands forecast; AND THAT the consultant also be retained to support the Town of Tillsonburg in their review of the future Population, Household and Employment Forecasts and Employment Lands Study; AND FURTHER THAT staff be direct to bring back an implementation report. 8.Public Meetings 8.1.Court of Revision Proposed Resolution #4 Moved By: ________________ Seconded By: ________________ THAT Council move into the Court of Revision to consider any assessment appeals to the the JA Smith Municipal drain with members Marcel Vanhooren (Norfolk County), Dave Beres, and Penny Esseltine. 8.1.1.Call to Order 8.1.2.Disclosure of Pecuniary Interest and General Nature Thereof 8.1.3.Delegations & Presentations 8.1.3.1.JA Smith Drain - Armetec Realignment 8.1.3.1.1.Order of Appeals Page 2 of 194 8.1.3.1.2.Questions from Members 8.1.3.1.3.Deliberations of the Court of Revision (Only required if a change in assessment is being considered) 8.1.3.1.4.Decision Proposed Resolution #5 Moved By: ________________ Seconded By: ________________ THAT the assessment as levied in the report by Spriet Associates dated March 22, 2022 and adopted by Provisional By-law 2022-041 to pay for drainage works known as the JA Smith Municipal Drain be confirmed. 8.1.4.Adjournment Proposed Resolution #6 Moved By: ________________ Seconded By: ________________ THAT the Court of Revision of June 27, 2022 be adjourned and the regular Council meeting resume at _______ p.m. 8.2.Zone Change Application ZN7-22-2 - Arimas Real Estate Investors Inc. Proposed Resolution #7 Moved By: ________________ Seconded By: ________________ THAT the Council of the Town of Tillsonburg approves the zone change application submitted by Arimas Real Estate Investors Inc, whereby the lands described Part Lots 604 & 605, Plan 500, in the Town of Tillsonburg known municipally as 368 Broadway are to be rezoned from ‘Low Density Residential Type 1 Zone (R1)’ to ‘Low Density Residential Type 2 Zone (R2)’ to facilitate the development of a duplex on the subject lands. 9.Planning Reports 9.1.CP 2022-165- ARU Amendments Proposed Resolution #8 Moved By: ________________ Seconded By: ________________ THAT the Council of the Town of Tillsonburg directs staff to proceed with public and agency consultation regarding amendments to the Official Plan and Zoning By-law Page 3 of 194 related to the implementation of policies and provisions enabling Additional Residential Units in accordance with Provincial direction as set out in the More Homes, More Choices Act and accompanying regulations. 10.Deputation(s) on Committee Reports 11.Information Items 12.Staff Reports 12.1.Chief Administrative Officer 12.2.Corporate Services 12.2.1.CS 22-12 Joint Audit Compliance Committee Proposed Resolution #9 Moved By: ________________ Seconded By: ________________ THAT Council approve the formation of a Joint Compliance Audit Committee with the other Oxford County municipalities for the 2022-2026 term; AND THAT the following members be appointed to the 2022 Joint Compliance Audit Committee: David Morris• Carol Symons• Keith Reibling• Joyce McAndrew• Christene Scrimgeour• AND FURTHER THAT the above appointments be formalized by by-law. 12.2.2.CS 22-15 Restricted Acts after Nomination Day Proposed Resolution #10 Moved By: ________________ Seconded By: ________________ That Council receives the Restricted Acts after Nomination Day report as information. 12.2.3.CS 22-16 Election Accessibility Plan Page 4 of 194 Proposed Resolution #11 Moved By: ________________ Seconded By: ________________ THAT the Town of Tillsonburg Election Accessibility plan be received by Council for information. 12.3.Economic Development 12.4.Finance 12.4.1.FIN 22-16 - BIA MOU Amendment to Change Payment Frequency Proposed Resolution #12 Moved By: ________________ Seconded By: ________________ THAT the amendment to the 2022 Downtown Tillsonburg Business Improvement Area Memorandum of Understanding to change the payment frequency from quarterly to monthly, effective July 1, 2022, be approved. 12.4.2.FIN 22-15 - 2022 Q1 COVID Impact Report Proposed Resolution #13 Moved By: ________________ Seconded By: ________________ THAT Report FIN 22-15 2022 Q1 Covid-19 Impact Report be received as information. 12.5.Fire and Emergency Services 12.6.Operations and Development 12.6.1.OPD 22-26 - Building and By-Law Enforcement Supervisor Appointment Proposed Resolution #14 Moved By: ________________ Seconded By: ________________ THAT a By-Law to appoint Mark Russell as a Building Official and By-Law Enforcement Officer for the Town of Tillsonburg be brought forward for Council consideration 12.6.2.OPD 22-21 2021 Fourth Quarter Operations and Development Services Proposed Resolution #15 Moved By: ________________ Page 5 of 194 Seconded By: ________________ THAT report OPD 22-21 2021 Fourth Quarter Operations and Development Services be received as information. 12.7.Recreation, Culture and Parks 13.New Business 14.Consideration of Committee Minutes 14.1.Committee Minutes Proposed Resolution #16 Moved By: ________________ Seconded By: ________________ THAT the following Council Committee minutes be received as information: May 25, 2022 Affordable and Attainable Housing Advisory Committee Minutes June 7, 2022 Boundary Adjustment Committee Minutes June 10, 2022 Tillsonburg 150 Ad Hoc Committee Minutes June 20, 2022 Tillsonburg 150 Ad Hoc Committee Minutes 15.Motions/Notice of Motions 16.Resolutions/Resolutions Resulting from Closed Session 17.By-Laws 17.1.A by-law to amend Zoning By-Law Number 3295, as amended. (ZN 7-22-02) 17.2.A by-law to amend Zoning By-Law Number 3295, as amended. (ZN 7-21-12) 17.3.A by-law to appoint a Joint Compliance Audit Committee 17.4.A by-law to appoint a Building Official, Property Standards Officer and By-Law Enforcement Officer (Mark Russell) Proposed Resolution #17 Moved By: ________________ Seconded By: ________________ THAT a by-law to amend Zoning By-Law Number 3295, as amended. (ZN 7-22-02), A by-law to amend Zoning By-Law Number 3295, as amended. (ZN 7-21-12); Page 6 of 194 A by-law to appoint a Joint Compliance Audit Committee; and A by-law to appoint a Building Official, Property Standards Officer and By-Law Enforcement Officer (Mark Russell), be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 18.Confirm Proceedings By-law Proposed Resolution #18 Moved By: ________________ Seconded By: ________________ THAT By-Law 2022-044, to Confirm the Proceedings of the Council meeting held on June 27, 2022, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 19.Items of Public Interest June 28, 2022 Special Meeting of Council - THI Annual General Meeting 12:00 p.m.• July 11, 2022 Regular Meeting of Council 6:00 p.m.• 20.Adjournment Proposed Resolution #19 Moved By: ________________ Seconded By: ________________ THAT the Council meeting of June 27, 2022 be adjourned at ___ p.m. Page 7 of 194 1 The Corporation of the Town of Tillsonburg Council Meeting MINUTES Thursday, June 16, 2022 4:30 PM Council Chambers 200 Broadway, 2nd Floor ATTENDANCE: Mayor Molnar Deputy Mayor Beres Councillor Esseltine Councillor Gilvesy Councillor Luciani Councillor Parker Councillor Rosehart Staff: Kyle Pratt, Chief Administrative Officer Renato Pullia, Interim Director of Finance/Treasurer Shane Caskanette, Fire Chief Carlos Reyes, Director of Operations and Development Cephas Panschow, Development Commissioner Ann Wright, Interim Deputy Clerk David Drobitch, Parks & Facilities Manager Gina Armand, Records & Legislative Coordinator Regrets: Michelle Smibert, Director of Corporate Services/Clerk _____________________________________________________________________ 1. Call to Order Chair, Deputy Beres called the meeting to order at 4:30 p.m. Council went directly into Closed Session. 2. Closed Session (4:30 P.M.) Page 8 of 194 2 Resolution # 2022-183 Moved By: Councillor Luciani Seconded By: Councillor Rosehart THAT Council move into Closed Session to consider two (2) matters involving advice that is subject to solicitor-client privilege, including communications necessary for that purpose under section 239 (2) (f) of the Municipal Act and a matter a proposed or pending acquisition or disposition of land by the municipality or local board under Section 239 (2) (c) of the Municipal Act. Carried 2.1 Adoption of the Agenda 2.2 Disclosures of Pecuniary Interest and the General Nature Thereof 2.3 Adoption of Previous Closed Session Minutes 2.4 Reports 2.4.1 239 (2) (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose 2.4.2 239 (2) (c) a proposed or pending acquisition or disposition of land by the municipality or local board 2.4.3 239 (2) (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose 3. Moment of Silence (6:00 P.M.) 4. Adoption of Agenda Resolution # 2022-184 Moved By: Councillor Luciani Seconded By: Councillor Rosehart THAT the Agenda as prepared for the Council meeting of June 16, 2022, be approved. Carried 5. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interests were declared. Page 9 of 194 3 6. Adoption of Council Minutes of Previous Meeting Resolution # 2022-185 Moved By: Councillor Rosehart Seconded By: Councillor Parker THAT the minutes from the regular council meeting held on May 24, 2022, be approved. Carried 7. Presentations 7.1 Volunteer Recognition Award Presentation Cultural, Heritage & Special Awards Committee Chair, Carrie Lewis gave introduction describing Mr. Morris' accomplishments, accolades and volunteer time put into the community. Deputy Mayor Beres proceeded to thank Mr. Morris for all of the time he put and continues to put into the community as well as being a voice for the Indigenous People. Deputy Mayor Berers presented the Volunteer Recognition Award to recipient Mr. Dave Morris on behalf of the Town of Tillsonburg. 7.2 Oxford Official Plan Update and Presentation April Nix, Development Planner from the County of Oxford, gave a presentation regarding the County of Oxford's Official Plan Review. Resolution # 2022-186 Moved By: Councillor Parker Seconded By: Councillor Gilvesy THAT the Council for the Town of Tillsonburg receives the presentation from the County of Oxford regarding the Official Plan Review as information. Carried 7.3 Traffic Concerns of the Hickory Hill's Residents Residents from the Hickory Hills Community gave a recommendation regarding excessive traffic in their community. Page 10 of 194 4 Deputy Mayor Beres suggested that the recommendation come from the Hickory Hills Association in order to have the full backing of the Hickory Hills Community. Resolution # 2022-187 Moved By: Councillor Parker Seconded By: Councillor Gilvesy THAT the Council for the Town of Tillsonburg receives the presentation from Claude Archambault regarding traffic concerns at Hickory Hills as information; AND THAT a traffic study for Hickory Hills be added to the 2023 Budget for council consideration. Carried 7.4 Future of Shortline Rail in the South Central Ontario Region - Presentation by SCOR Kimberly Earls from SCOR was in attendance to make a presentation and requested a letter of support from the Town of Tillsonburg Resolution # 2022-188 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT the Council for the Town of Tillsonburg receives the presentation from SCOR regarding the Future of Shortline Rail Investment as information; AND that staff be directed to provide a letter of support from the Town. Carried 7.5 Oxnard Developments - Minor Modifications to Zoning This matter was considered on May 24, 2022 as item 9.1 on the Agenda, and the recommendation was defeated by Council. Resolution # 2022-189 Moved By: Councillor Gilvesy Seconded By: Councillor Parker Page 11 of 194 5 THAT Council reconsider Item 7.5, Oxnard Developments – Minor Modifications to Zoning. Carried In attendance to present: Eldon Darbyson of Vallee Consulting Engineers, Architects & Planners, and Jeff Jafarpour of Oxnard Developments Inc. Eldon Darbyson clarified the minor modifications that are being requested. Resolution # 2022-190 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council receives the request from Potters Gate Phase 4, Minor Modifications to Zoning as information; AND FURTHER THAT Council affirm that the requested changes are appropriate and minor in nature and further notice is not required in accordance with Section 34 (17) of the Planning Act. Carried 8. Public Meetings 9. Planning Reports 10. Delegations 11. Deputation(s) on Committee Reports 12. Information Items 12.1 Ministry of Northern Development, Mines, Natural Resources and Forestry - 2022 Rabies Control Operations Notification 12.2 Tillsonburg BIA - Motion to approve the 2021 DTBIA Financial Statements 12.3 Southwestern Public Health Letter of Appreciation Resolution # 2022-191 Moved By: Councillor Luciani Seconded By: Councillor Rosehart Page 12 of 194 6 THAT the information items from Ministry of Northern Development, Mines, Natural Resources and Forestry dated May 31, 2022 and the Tillsonburg BIA dated June 7, 2022 and from Southwestern Public Health dated May 30, 2022, be received as information. Carried 13. 2021 Fourth Quarter Financial Reports 13.1 FIN 22-12 - 2021 Q4 Consolidated Financial Results Resolution # 2022-192 Moved By: Councillor Rosehart Seconded By: Councillor Parker THAT Council receives report FIN 22-12 2021 Fourth Quarter Consolidated Financial results as information. Carried 13.2 EDM 22-15 Fourth Quarter Economic Development and Marketing Results 13.3 FIN 22-11 - 2021 Q4 Finance and Corporate Services Department Results 13.4 FRS 22-01 2021 Fire Services Fourth Quarter and Year End Report 13.5 OPD 22-19 - 2021 Fourth Quarter Building, Planning, By-Law Services Results 13.6 RCP 22-11 RCP 2021 Q4 Results Resolution # 2022-193 Moved By: Councillor Parker Seconded By: Councillor Gilvesy THAT Council receives the 2021 Fourth Quarter Department Results, as information. Carried 14. 2022 First Quarter Financial Reports Page 13 of 194 7 14.1 FIN 22-14 - 2022 Q1 Consolidated Financial Report Resolution # 2022-194 Moved By: Councillor Gilvesy Seconded By: Councillor Esseltine THAT Council receives report FIN 22-14 2022 First Quarter Consolidated financial results as information. Carried 14.2 CS 22-17 First Quarter Corporate Services Department Results 14.3 EDM 22-16 First Quarter Economic Development and Marketing Results 14.4 FIN 22-13 - 2022 Q1 Finance Department Results 14.5 FRS 22-02 2022 Fire Services First Quarter Report 14.6 OPD 22-22 2022 First Quarter Operations and Development Services 14.7 OPD 22-20 - 2022 First Quarter Building, Planning, By-Law Services Results 14.8 RCP 22-12 RCP 2022 Q1 Results Resolution # 2022-195 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT Council receives the 2022 First Quarter Department Results, as information. Carried 15. Staff Reports 15.1 Chief Administrative Officer Kyle Pratt-CAO spoke on his report regarding a lowest cost lease option for the Town Hall. 15.1.1 CAO 22-03 Town Hall Lowest Cost Lease Option Report Resolution # 2022-196 Page 14 of 194 8 Moved By: Councillor Luciani Seconded By: Councillor Rosehart THAT Council direct staff to proceed with an Environmental Site Assessment of the new construction “Greyfield” Option site in the Harvey and Brock streets Municipal Parking lots to determine the extent of environmental contamination, if any, and potential for any remediation costs. Carried 15.2 Corporate Services 15.2.1 CS 22-10 Compensation Review for Elected Officials Resolution # 2022-197 Moved By: Councillor Rosehart Seconded By: Councillor Parker THAT the Compensation Review for Elected Officials Report be received as information. Carried 15.2.2 CS 22-14 Right to Disconnect from Work Policy Resolution # 2022-198 Moved By: Councillor Parker Seconded By: Councillor Gilvesy THAT the Council for the Town of Tillsonburg approves the Right to Disconnect from Work Policy. Carried 15.2.3 CS 22-18 Hybrid Work Model Policy Review Resolution # 2022-199 Moved By: Councillor Gilvesy Seconded By: Councillor Esseltine THAT the Council for the Town of Tillsonburg receives the review of the hybrid work policy as information. Page 15 of 194 9 Carried 15.2.4 CS 22-19 THI MOUD Resolution # 2022-200 Moved By: Councillor Gilvesy Seconded By: Councillor Luciani THAT the Council receives the THI MOUD report as information. THAT FURTHER directs the CAO to bring back a report with recommendations regarding the MOUD with THI, which may include the composition of the board or any other item of concern. Carried 15.2.5 CS 22-20 Council Vacancy on the Boundary Adjustment Subcommittee Resolution # 2022-201 Moved By: Councillor Luciani Seconded By: Councillor Rosehart THAT the Council for the Town of Tillsonburg appoints Councillor Gilvesy as a council representative on the Tillsonburg Boundary Adjustment Advisory Committee. Carried 15.3 Economic Development 15.3.1 EDM 22-14 Offer to Purchase – Alley Lands between 6 and 8 John Street Resolution # 2022-202 Moved By: Councillor Rosehart Seconded By: Councillor Parker THAT a by-law be brought forward to authorize the Mayor and Clerk to enter into an agreement of purchase and sale with Tillsonburg Properties for Community Living for the Alley Lands Page 16 of 194 10 located between 6 John Street and 8 John Street and to be described by a new reference plan. Carried 15.4 Finance 15.5 Fire and Emergency Services 15.6 Operations and Development 15.6.1 OPD 22-23 - Westwinds Subdivision Road Naming Resolution # 2022-203 Moved By: Councillor Parker Seconded By: Councillor Gilvesy THAT the OPD 22-23 - Westwinds Subdivision Road Naming motion be deferred. Carried Council decided to defer the road naming due to similarities between "Westwinds Gate" an "Westwinds Court" and directed staff to speak with developer regarding name changes. 15.6.2 OPD 22-24 - Oxnard Phase 4 Subdivision Road Naming Resolution # 2022-204 Moved By: Councillor Gilvesy Seconded By: Councillor Esseltine THAT Council approves “Waterhouse Crescent”, “Burgess Crescent”, and “Jacko Street” as road names for the Potters Gate Phase 4 subdivision. Carried 15.6.3 OPD 22-25 Tillsonburg Airport Advisory Committee - Virtual Meetings Resolution # 2022-205 Moved By: Councillor Esseltine Seconded By: Councillor Luciani Page 17 of 194 11 THAT Council approves the request from the Tillsonburg Airport Advisory Committee to continue meeting virtually. Carried 15.7 Recreation, Culture and Parks 16. New Business 17. Consideration of Committee Minutes 17.1 Committee Minutes Resolution # 2022-206 Moved By: Councillor Luciani Seconded By: Councillor Rosehart THAT the following Council Committee minutes be received as information: May 17, 2022 Tillsonburg Transit Advisory Committee Minutes May 17, 2022 Tillsonburg 150 Ad Hoc Committee Minutes May 26, 2022 Tillsonburg Airport Advisory Committee Minutes June 1, 2022 Cultural, Heritage and Special Awards Committee Minutes, and June 6, 2022 Recreation and Sports Advisory Committee Minutes Carried 17.2 Long Point Conservation Authority Minutes Resolution # 2022-207 Moved By: Councillor Rosehart Seconded By: Councillor Parker THAT the Council for the Town of Tillsonburg receives the May 4, 2022 Long Point Region Conservation Authority Board of Directors Meeting Minutes as information. Carried Page 18 of 194 12 18. Motions/Notice of Motions Councillor Gilvesy provided the following motion for consideration: Resolution # 2022-208 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT Staff bring a report to Council in regards to the property standards by-law. Specifically addressing the grassed road allowances and grass islands between sidewalks and roads and who is responsible for maintaining these areas. Carried Councillor Luciani provided the following motion for consideration: Resolution # 2022-209 Moved By: Councillor Luciani Seconded By: Councillor Esseltine WHEREAS the Association of Municipalities of Ontario has called for Nominations for its Board of Directors; AND WHEREAS Mayor Stephen Molnar, an elected official in the Town of Tillsonburg, has indicated his interest in becoming a member of the Small Urban Caucus of the AMO Board and has consented to his nomination; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Tillsonburg endorses Stephen Molnar for the position of Director, Small Urban Caucus, 2022-2024 AMO Board of Directors. Carried 19. Resolutions/Resolutions Resulting from Closed Session 20. By-Laws 20.1 By-Law 2022-043 to authorize the execution of an agreement of purchase and sale with Tillsonburg Properties for Community Living, and to close a portion of the said lands Resolution # 2022-210 Moved By: Councillor Parker Seconded By: Councillor Gilvesy Page 19 of 194 13 THAT By-Law 2022-043 being a by-law to authorize the execution of an agreement of purchase and sale with Tillsonburg Properties for Community Living for the alley lands located between 6 John Street and 8 John Street, to be described by a new reference plan, and to close a portion of the said lands, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 21. Confirm Proceedings By-law Resolution # 2022-211 Moved By: Councillor Gilvesy Seconded By: Councillor Esseltine THAT By-Law 2022-042, to Confirm the Proceedings of the Council meeting held on June 16, 2022, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 22. Items of Public Interest  June 27, 2022 Regular Council & Planning Meeting at 6:00 p.m. 23. Adjournment Resolution # 2022-212 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT the Council meeting of June 16, 2022 be adjourned at 8:42 p.m. Carried Page 20 of 194 Boundary Adjustment Committee – Request to Council June 27, 2022 Page 21 of 194 2 Outline •Background •Committee Mandate & Role •Population Growth •Reviewed Information •Land Inventory Mapping •Key Findings •Committee Resolution •Next Steps •Direction for Committee Page 22 of 194 3 Background •Committee Mandate •To review the growth being experienced by the town and the remaining inventory of development land and identify potential land needs to support the sustainable growth objectives of the Town in accordance with the Community Strategic Plan •Role of the Committee •To identify strategic opportunities to increase the land supply for future development •To advise Council on matters related to future land needs. Page 23 of 194 4 Background •Most recent population, household, employment forecasts and land need analysis was completed in March 2020 (Hemson) •Tillsonburg projected to grow to 19,240 by 2031 and 22,150 by 2046 •Instead, Tillsonburg achieved growth to 18,615 as of May 2021 with an estimated additional 1,000 people since then! Page 24 of 194 5 Background •Committee has reviewed extensive information •Subdivision Control Map •Municipal Act: Sections 171 –173 (Municipal Restructuring) •Recent Boundary Adjustments by other municipalities •Official Plan Information and Future Urban Growth Areas •Oxford County Planning Memos: •Overview of Process and Land Use Planning Considerations Related to Municipal Boundary Adjustments for Settlement Expansion Purposes •Tillsonburg Residential Land Supply Updates (Nov 2021, Feb and May 2022) •Updated Land Inventory (see following maps) •Constraint Mapping •Preliminary Servicing Review (Town Engineering) Page 25 of 194 6 Land Inventory (December 2021) Page 26 of 194 7 Land Inventory (December 2021)Page 27 of 194 8 Key Findings •County’s forecasted growth is for a 25 year planning period •Projected shortage of Industrial Land in the future •…Believe that the Town could be out of residential development land, should current trends continue, in 8 to 12 years Page 28 of 194 9 Committee Summary •County Planning has indicated that, due to strong growth being experiencing, a new Population, Household, Employment and Land Analysis is scheduled to be prepared in 2023 •This study is foundational for many aspects of Planning and Development •Committee believes that, due to the critical nature of this report, a professional consultant should be retained to review the 2020 Hemson Report, the recent work undertaken by the Committee and to review the draft of the future report once available Page 29 of 194 10 Committee Resolution •THAT the Boundary Adjustment Committee request that Council retain a consultant to review the existing 2020 Population, Household and Employment Forecasts and Employment Lands Study versus current growth/ development applications and provide the information to Town Council and County for consideration in the 2023 county population household, employment lands forecast •AND THAT the consultant also be retained to support the Town of Tillsonburg in their review of the future Population, Household and Employment Forecasts and Employment Lands Study Page 30 of 194 11 Next Steps •Refer to staff for an implementation report •Committee would also like affirmation of their mandate and role moving forward and should Council approve the Committee’s recommendation Page 31 of 194 12 Thanks and Q&A Page 32 of 194 Page 1 of 6 Report No: CP 2022-261 COMMUNITY PLANNING Council Date: June 27, 2022 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community Planning Application for Zone Change ZN 7-22-02 – Arimas Real Estate Investors Inc. REPORT HIGHLIGHTS  The application for Zone Change proposes to rezone the subject property from ‘Low Density Residential Type 1 Zone (R1)’ to ‘Low Density Residential Type 2 Zone (R2)’ to facilitate the conversion of the existing single detached dwelling to a duplex dwelling.  Agency circulation resulted in no concerns with the proposed development.  Planning staff are recommending that the application be supported, as it is consistent with the policies of the Provincial Policy Statement and complies with the relevant policies of the Official Plan respecting intensification and development within Low Density Residential Areas. DISCUSSION Background OWNER: Arimas Real Estate Investors Inc 368 Broadway, Tillsonburg ON N4G 3S5 LOCATION: The subject property is described as Part Lots 604 & 605, Plan 500, in the Town of Tillsonburg. The lands are located on the east side of Broadway, between John Street and Sanders Street, and are municipally known as 368 Broadway in Tillsonburg. COUNTY OF OXFORD OFFICIAL PLAN: Existing: Schedule “T-1” Town of Tillsonburg Land Use Plan Residential Schedule “T-2” Town of Tillsonburg Residential Density Low Density Residential Plan Page 33 of 194 Report No: CP 2022-261 COMMUNITY PLANNING Council Date: June 27, 2022 Page 2 of 6 TOWN OF TILLSONBURG ZONING BY-LAW NO.3295: Existing Zoning: Low Density Residential Type 1 Zone (R1) Proposed Zoning: Low Density Residential Type 2 Zone (R2) PROPOSAL: The application for Zone Change proposes to rezone the lands to ‘Low Density Residential Type 2 Zone (R2)’ to facilitate the conversion of an existing single detached dwelling to a duplex. The subject lands have an approximate area of 1135 m2 (0.28 ac) and contain an existing single detached dwelling, with an approximate floor area of 155 m2 (1,668 ft2). The proposed additional unit will be created in the basement of the dwelling. Surrounding land uses include low density residential uses fronting on Broadway, with a multiple unit dwelling to the south on John Street, and a medium density affordable housing development to the north, fronting on Sanders Street. Plate 1, Location Map with Existing Zoning, shows the location of the subject property and the existing zoning in the immediate vicinity. Plate 2, 2020 Aerial Map, provides an aerial view of the subject property. Plates 3a & 3b, Proposed Floor Plan, depicts the existing and proposed floor plan for the proposed duplex dwelling. Plate 4, Proposed Parking, illustrates how the required 4 parking spaces will be provided on the subject property, as provided by the applicant. Application Review PROVINCIAL POLICY STATEMENT: The 2020 Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Under Section 3 of the Planning Act, where a municipality is exercising its authority affecting a planning matter, such decisions “shall be consistent with” all policy statements issued under the Act. Section 1.1.1 provides that healthy liveable and safe communities are sustained by accommodating an appropriate range and mix of residential housing (including additional units, affordable housing, and housing for older persons) to meet long-term needs, and promoting cost- effective development that minimizes land consumption and servicing costs. Section 1.1.3.1 of the PPS states that Settlement Areas will be the focus of growth and their vitality and regeneration shall be promoted. Land use patterns within settlement areas shall be based on:  densities and mix of land uses which are appropriate for, and efficiently use the infrastructure and public service facilities which are planned or available;  support active transportation;  efficiently use land and resources; Page 34 of 194 Report No: CP 2022-261 COMMUNITY PLANNING Council Date: June 27, 2022 Page 3 of 6  a range of uses and opportunities for intensification and redevelopment in accordance with the criteria in policy 1.1.3.3, where this can be accommodated. Section 1.1.3.4 directs that appropriate development standards shall be promoted which facilitate intensification, redevelopment and compact form, while avoiding or mitigating risks to public health and safety. Further, Section 1.4 Housing, specifically ss. 1.4.3, states that planning authorities shall provide for an appropriate range and mix of housing types and densities to meet projected requirements of current and future residents of the regional market area by:  Establishing and implementing minimum targets for the provision of housing which is affordable to low and moderate income households;  Permitting and facilitating all forms of housing required to meet the social, health and well-being requirements of current and future residents;  Permitting and facilitating all types of residential intensification, including additional residential units and redevelopment, in accordance with policy 1.3.3.3;  Directing the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are or will be available to support current and projected needs;  Promoting densities for new housing which efficiently use land, resources, infrastructure and public service facilities, and support the use of active transportation and transit in areas where it exists or is to be developed; and  Establishing development standards for residential intensification, redevelopment and new residential development which minimize the cost of housing and facilitate compact form, while maintaining appropriate levels of public health and safety. OFFICIAL PLAN: The subject property is designated Low Density Residential as per Schedule T-2, Residential Density Plan for the Town of Tillsonburg, as contained in the Official Plan. Low density residential districts are those lands that are primarily developed or planned for a variety of low-rise, low density housing forms including both executive and smaller single- detached dwellings, semi-detached, duplex and converted dwellings, townhouses and other, similar development. Within these areas, it is intended that there will be a mixing and integration of different forms of housing to achieve a low overall density of use. Section 8.2.1 of the Official Plan (Housing Development and Residential Areas - Strategic Approach) identifies a number of strategies "to provide present and future residents of Tillsonburg with a choice of adequate and affordable housing which meets their needs". The strategies developed to achieve this goal include:  Accommodating the present and future demand for housing in Tillsonburg through the efficient use of vacant residentially-designated lands, underutilized parcels in built-up areas and existing housing stock in all neighbourhoods, with the objective of also reducing energy consumption, decreasing the financial burden of underutilized municipal services, and relieving pressure for development of natural areas and open spaces;  Facilitating a choice of housing type, tenure, cost and location that meets the changing needs of all types of households by providing for a variety and mix of housing throughout the Town; Page 35 of 194 Report No: CP 2022-261 COMMUNITY PLANNING Council Date: June 27, 2022 Page 4 of 6  Increasing the supply of affordable housing by integrating adequate housing for low and moderate income households and those with special needs throughout the Town and establish and monitor minimum affordable housing targets to ensure that the percentage of affordable housing is maintained or enhanced;  Promoting and facilitating the provision of affordable housing through the co-operative efforts of all levels of government, the private sector and volunteer interest groups through such means as technical assistance, land conveyances, joint ventures, regulatory measures, and incentives. Policies contained within Section 8.2.2.5 – Residential Intensification and Redevelopment, promote residential intensification in appropriate locations to make more efficient use of existing land, infrastructure, and public services. Residential intensification is permitted in appropriate locations within the Residential and Central Areas of the Town, subject to complying with the policies of the associated land use designations pertaining to the density, form and scale of residential development being proposed. Section 8.2.4.1.1 of the Official Plan provides that when considering proposals for street-oriented infilling, the introduction of new residential housing into an established streetscape pattern will only be permitted if the proposal is deemed to be consistent with the characteristics of existing development on both sides of the same street. In order that street oriented infill projects are sensitive to the continuity of the existing residential streetscape, the Town Council and the County Land Division Committee will ensure that:  The proposal is consistent with street frontage, setbacks and spacing of existing development within a two-block area on the same street;  The proposal complies with Section 8.2.4.1.4 (Infilling Policies). As per Section 8.2.4.1.4, when considering all infill proposals, Town Council must be satisfied that vehicular access points are acceptable, municipal services can adequately accommodate the proposal and stormwater is adequately controlled. Further, the Council must also ensure that any desirable vegetation is retained where possible and the impact on environmental constraints is mitigated, the proposal complies with the Zoning By-Law and impacts to heritage resources are considered. TOWN OF TILLSONBURG ZONING BY-LAW: The subject property is currently zoned ‘Low Density Residential Type 1 Zone (R1)’, according to the Town of Tillsonburg Zoning By-law. The R1 zone permits a single detached dwelling, a home occupation, and accessory uses thereto. The applicant is proposing to rezone the subject property to ‘Low Density Residential Type 2 Zone (R2)’ to permit the construction of a second dwelling unit in the basement of the existing dwelling. Based on the site sketch provided by the applicant, it appears that the development will comply with the relevant provisions of the R2 Zone. The applicant has provided a parking plan (Plate 4) showing how the required 4 parking spaces can be provided onsite. Page 36 of 194 Report No: CP 2022-261 COMMUNITY PLANNING Council Date: June 27, 2022 Page 5 of 6 AGENCY COMMENTS: Town of Tillsonburg Building Services provided the following comments:  If approved a building permit along with compensating construction will be required to separate the units as per the requirements of the Ontario Building Code.  The proposed sketch will not comply with the requirements related to existing and will need to be reviewed and designed by a qualified consultant for building permit application purposes. Oxford County Public Works Department indicated that the property will only be permitted one water and sanitary service. If required, plumbing for the new unit shall be serviced / extended internally from existing plumbing. All water flow to the property shall pass through one County meter and the owner of the property will be billed accordingly. Tillsonburg District Chamber of Commerce indicated that they support the application, noting multi-unit dwellings are needed in Town, the lot appears large enough to support a duplex, and there are other duplexes in the area. The parking for the duplex should be reviewed. The Downtown Tillsonburg BIA indicated that they have no objection to the application. PUBLIC CONSULTATION: Notice of complete application and notice of public meeting regarding this application were circulated to surrounding property owners within 120 m (400’) on two occasions May 26, 2022 and June 13, 2022, in accordance with the requirements of the Planning Act. As of the preparation of this report, no comments or concerns from the public were received. Planning Analysis The application for Zone Change proposes to rezone the lands to ‘Low Density Residential Type 2 Zone (R2)’ to facilitate the development of an additional dwelling unit, in the form of a duplex, on the subject lands. The proposal is consistent with the PPS direction to provide for an appropriate diversity of housing types and densities to meet the needs of current and future residents. If approved, the additional dwelling unit will provide an additional housing rental supply for the current and future residents of the Town and represents an efficient use of existing municipal infrastructure. The proposal is consistent with the Planning Act and PPS direction to permit and facilitate all forms of residential intensification and redevelopment, including additional units. The proposal complies with the policies contained within Section 8.2.2.2 of the Official Plan that encourage the creation of housing opportunities that may result in a mix of tenure forms, such as ownership, rental, and cooperative, throughout the Town. The proposal is also consistent with the policy direction within Section 8.2.2.5 that promotes residential intensification in appropriate locations to make more efficient use of existing land, infrastructure, and public services. The proposed development is considered to be a form of street-oriented infill development. In Low Density Residential Areas, infill development may be permitted subject to meeting the Official Plan criteria as set out in Sections 8.2.4.1.1 & 8.2.4.1.4. Page 37 of 194 Report No: CP 2022-261 COMMUNITY PLANNING Council Date: June 27, 2022 Page 6 of 6 Considering the size of the existing property and surrounding residential uses it is opinion of Planning staff that the proposal conforms to the policies of the Official Plan pertaining to Low Density Residential areas and infill development within the Town of Tillsonburg. The Low Density Residential designation is intended to support a variety of low-rise, low density housing forms including duplexes and converted dwellings. The proposed duplex will be suitable and complementary to abutting properties, and the multiple unit residential uses that exist in the surrounding area. The proposal appears to comply with the provisions of the R2 Zone, and the applicant has provided a sketch demonstrating that the required 4 parking spaces can be provided by accommodating 3 on the curved driveway, and 1 within the attached garage. In light of the foregoing, it is the opinion of this Office that the application for zone change is consistent with the policies of the Provincial Policy Statement and maintains the general intent and purpose of the Official Plan. RECOMMENDATION It is recommended that the Council of the Town of Tillsonburg approve the zone change application submitted by Arimas Real Estate Investors Inc, whereby the lands described Part Lots 604 & 605, Plan 500, in the Town of Tillsonburg known municipally as 368 Broadway are to be rezoned from ‘Low Density Residential Type 1 Zone (R1)’ to ‘Low Density Residential Type 2 Zone (R2)’ to facilitate the development of a duplex on the subject lands. SIGNATURES Authored by: ‘original signed by’ Eric Gilbert, MCIP RPP Senior Planner Approved for submission: ‘original signed by’ Gordon K. Hough, RPP Director Page 38 of 194 April 28, 2022 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 1920 Notes NAD_1983_UTM_Zone_17N 96 Meters Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) Plate 1: Location Map with Existing Zoning ZN 7-22-02 - Arimas Real Estate Investors Inc. Part Lot 604-605, Plan 500 - 368 Broadway, Tillsonburg Subject Property Page 39 of 194 April 28, 2022 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 510 Notes NAD_1983_UTM_Zone_17N 26 Meters Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) Subject Property Plate 2: 2020 Aerial Map ZN 7-22-02 - Arimas Real Estate Investors Inc. Part Lot 604-605, Plan 500 - 368 Broadway, Tillsonburg Page 40 of 194 Plate 3a: Proposed Floor Plan ZN 7-22-02 - Arimas Real Estate Investors Inc. Part Lot 604-605, Plan 500 - 368 Broadway, Tillsonburg Page 41 of 194 Plate 3b: Proposed Floor Plan ZN 7-22-02 - Arimas Real Estate Investors Inc. Part Lot 604-605, Plan 500 - 368 Broadway, Tillsonburg Page 42 of 194 Plate 4: Proposed Parking ZN 7-22-02 - Arimas Real Estate Investors Inc. Part Lot 604-605, Plan 500 - 368 Broadway, Tillsonburg Page 43 of 194 ZN 7-22-02 Arimas Real Estate Investors Inc c/o 000270355 Page 44 of 194 Page 45 of 194 Page 46 of 194 Page 47 of 194 Report No: CP 2022-165 COMMUNITY PLANNING Council Date: June 27, 2022 Page 1 of 7 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community Planning Amendments to Official Plan and Town Zoning By-Law Respecting Additional Residential Units (ARUs) REPORT HIGHLIGHTS  The Province has recently completed updates to various legislation and policies to require municipalities to establish Official Plan policies and Zoning provisions that authorize the establishment of an ‘additional residential unit’ (ARU) in single detached, semi-detached and row-house dwellings, and in a structure ancillary to such dwellings.  Planning staff presented Report No. CP 2022-07 to Tillsonburg Council in January 2022, providing an overview of the new Provincial direction with respect to such units (e.g. Planning Act provisions and PPS policies) and related land use planning and implementation considerations, including the need to review and amend the Official Plan policies and Zoning By-law provisions for the Town to reflect this provincial direction.  The purpose of this report (CP 2022-165) is to obtain Council direction with respect to proceeding with public and agency consultation regarding amendments to the Official Plan and Zoning By-law related to the implementation of policies and provisions authorizing Additional Residential Units. DISCUSSION Background Tillsonburg Council passed the following resolution on January 18, 2022 in response to a report by staff regarding the implementation of Provincial direction on Additional Residential Units (ARU): “THAT the Council of the Town of Tillsonburg receive Report No. CP 2022-07, as information; AND FURTHER, directs planning staff to initiate a review of the current legislative and policy framework the with respect to Additional Residential Units and authorize staff to initiate the necessary amendments to the Official Plan and Zoning By-Law to establish the Town’s requirements for such units.” Page 48 of 194 Report No: CP 2022-165 COMMUNITY PLANNING Council Date: June 27, 2022 Page 2 of 7 The above-noted report (CP 2022-07) provided Council with an overview of the new Provincial direction with respect to ARUs (e.g. Planning Act provisions and PPS policies) and related land use planning and implementation considerations, including the need to review and amend the Official Plan policies and Zoning By-law provisions for the Town to reflect this provincial direction. Report No. CP 2022-07 is attached to this report as Appendix 1. Comments Council’s resolution resulting from Report No. CP 2022-07 directed staff to initiate a review of the current legislative and policy framework with respect to Additional Residential Units and recommend amendments to the Official Plan and Zoning By-Law to establish the Town’s requirements for such units. Planning staff have undertaken a review of the concerns received from Council and members of the public resulting from preliminary consultation, and have summarized them below: Character of the Neighbourhood The current policies of the Official Plan related to Low Density Residential (LDR) areas directs that lands so identified are primarily developed or planned for a variety of low-rise, low density housing forms, including both executive and smaller single-detached dwellings, semi-detached, duplex and converted dwellings, street fronting townhouses, quadraplexes, low density cluster development and low rise apartments. Within the LDR designation, it is intended that there will be a mixing and integration of different forms of housing to achieve a low overall density of use, however, it is not intended that the full range of housing will be permitted in every individual neighbourhood or development and Town Council may choose to restrict the range of uses permitted in a particular location through the Zoning By-law. When considering whether a specific form of housing is appropriate within a particular location or neighbourhood, the Official Plan contains a number of criteria that assist Council in determining the compatibility of development. To this end, the Official Plan generally directs that introducing new residential housing into an established neighbourhood will only be permitted if the proposal is deemed to be consistent with the characteristics of existing development. Generally, such consideration is premised on a number of factors such as those described below. It is worth noting that the above-noted criteria considerations are typically directed to ‘established’ neighbourhoods. Generally, the suite of two unit and other multi-unit housing forms permitted in the LDR designation are considered to be compatible in the context of new residential subdivisions. There are typically no different criteria that need to be met, or restrictions on location of dwelling types except in relation to existing development. Built-Form When considering a proposal that would introduce a housing form permitted within the LDR into an established neighbourhood, but not by current zoning, the built form of that proposed housing is an important factor. Generally, the type of housing found in the surrounding residential neighbourhood is considered together with the exterior design of the new use with a view to the height, bulk, scale and layout of the building. Page 49 of 194 Report No: CP 2022-165 COMMUNITY PLANNING Council Date: June 27, 2022 Page 3 of 7 For example, converting an existing single-detached dwelling to a dwelling comprising two residential units may be considered appropriate in a neighbourhood of primarily single-detached dwellings where the ‘new’ use does not involve any significant changes to the exterior of the existing dwelling (e.g. no significant additions to the building, no additional entrances that are visible from the street, maintenance of landscaped space in the front yard, no new or expanded driveways to accommodate parking for additional units). While the appearance of the new ARU use with respect to height and scale could be considered appropriate in the context of the surrounding neighbourhood, other forms of housing that are supported within the LDR designation (such as low rise apartments and converted dwellings comprising more than two units) may not be appropriate in the same setting from a built-form perspective, based on the same criteria. Parking There are a number of factors or criteria that are evaluated when considering whether a development is appropriate for the proposed location. These criteria are typically considered together to determine the suitability of development, however, when considering proposals for new development in an established residential neighbourhood, the ability of the said development to provide adequate off-street parking to meet the needs of the use (and comply with the relevant provisions of the Zoning By-law) are of particular importance. Providing adequate off-street parking in established residential areas assists in reducing pressure on on-street parking resources, which often serve to accommodate short-term needs (visitors, deliveries, etc.). Where on-street parking is being utilized for longer-term needs associated with multi-residential use, factors such as traffic movement/safety, street maintenance and pedestrian safety can be negatively affected. Lot Size and Related Provisions In addition to parking, there are a number of factors that work together (i.e. building setbacks and yard requirements, lot coverage, landscaped open space etc.) that are important in considering the suitability of a lot for a particular development. The ability of a lot to provide for adequate private amenity space for the persons occupying the property, the provision of landscaped open space and the ability of the property to provide safe access for residents and emergency service providers are criteria that must be addressed in addition to (or in conjunction with) matters of built form and parking. Further, lot size contributes to the ability of a property to provide for stormwater management both on the individual lot as well as in the context of the larger neighbourhood or drainage area. Other Factors/Criteria When considering applications for infilling or the other proposals that result in the addition of a residential unit(s) in a given neighbourhood, such applications are generally considered with a view to the availability of municipal services (water/wastewater), community facilities (parks, recreation facilities, schools), shopping (convenience or otherwise) and whether transit service is available within reasonable walking distance. Page 50 of 194 Report No: CP 2022-165 COMMUNITY PLANNING Council Date: June 27, 2022 Page 4 of 7 Depending upon the scale and nature of the development, another consideration that can assist in determining whether a particular development is appropriate within the context of an existing neighbourhood is whether the said neighbourhood already contains a mix of dwelling types and/or is currently in transition (from lower to higher density, from residential to commercial, etc.) and whether the proposed development may impact the stability of the current neighbourhood. Planning Analysis Official Plan With respect to Official Plan policies, a review of Official Plan policies in surrounding municipalities and across the Province has revealed that a majority of municipalities have taken a high-level, permissive approach to authorizing ARUs, with some limited criteria to both inform and support zoning by-law provisions. The OP policies reviewed generally permitted ARUs in single, semi- detached, and townhouse units, save for areas that would be subject to specific restrictions such as hazard lands, servicing capacity restrictions, restricted or inappropriate access, or lot sizes that are unsuitable for additional residential units. The current Official Plan policies for the Town of Tillsonburg as contained in Section 8.2 currently provide broad support for residential intensification within Low Density Areas, and provide for converted dwellings (single detached dwellings with an additional dwelling unit), subject to meeting specific policy criteria. The proposed amendments to the Official Plan would predominantly affect the Low Density Residential policies for the Town of Tillsonburg in Section 8.2 and consist largely of clarifications to the existing policy direction with respect to residential intensification and low density housing forms (e.g. backyard infilling and converted dwellings) together with inclusion of specific policy direction for additional residential units which would replace the current policies for converted dwellings. The proposed changes are summarized as follows:  Establishing a definition for ‘additional residential units’;  Requiring that the Town establish appropriate zoning provisions to allow for ARUs in single detached, semi-detached and townhouse dwellings (as required by Provincial legislation), where they are satisfied that various development review criteria can be met, such as: o Maximum of two additional residential units per lot (i.e. one in the principle dwelling and/or one in an ancillary structure); o Principle dwelling must have direct, individual vehicular access to a public street; o Any increased demand for on-street parking on nearby streets can be adequately addressed; o The ARU(s) must be clearly secondary and subordinate to the principal dwelling on the lot and limited in size (e.g. maximum percentage of the principal dwelling and maximum gross floor area caps); o Dwellings and lots are large enough to accommodate the ARU and provide for adequate parking, landscaping and outdoor amenity areas; o Any new buildings, additions and/or exterior alterations/features (e.g. parking areas, doors, windows, stairways, decks) will maintain the general architectural character of the principle dwelling and surrounding neighbourhood; Page 51 of 194 Report No: CP 2022-165 COMMUNITY PLANNING Council Date: June 27, 2022 Page 5 of 7 o There is unobstructed pedestrian access from the street or parking area to the unit; o Not permitted where a lot or dwelling already contains other accessory units/ uses (e.g. boarding/lodging house, garden suite, converted dwelling unit, bed and breakfast); o Existing infrastructure and public services serving the area are adequate to accommodate the establishment of ARUs; o Potential impacts on environmental and/ heritage resources and any environmental constraints (e.g. natural and man-made hazards, noise, vibration, emissions etc.) can be satisfactorily addressed; o Additional review criteria for ARUs in ancillary structures to ensure that the siting, design (height, window, door location) and orientation of the ancillary structure / unit, parking and outdoor amenity areas and any required landscaping, screening, fencing and/or other measures will limit potential privacy, visual and other impacts on abutting residential properties and be compatible with the character of the principal dwelling and the surrounding residential neighbourhood.  An ARU cannot be severed from the lot containing the principle dwelling;  Site Plan Control may be applied to ARUs in ancillary structures; and  The Town may consider the use of other supplementary tools and measures to assist in ensuring ARUs are appropriately regulated, including registration and/or licensing, on- street parking regulations, design guidelines, new/update property standards by-laws, etc. Zoning By-Law Provisions As was noted in Report CP 2022-07, Bill 108, More Homes, More Choices Act and accompanying regulations came into effect in Ontario in September 2019, implementing measures and Provincial direction to increase the affordability of housing to more Ontarians via, among other measures, amendments to the Planning Act and Development Charges Act. The Planning Act amendments require municipalities to enact policies and zoning provisions that authorize ARUs in low density housing types, specifically single and semi-detached dwellings and townhouses. Provincial direction with respect to providing affordable housing options has been clear and consistent that broad implementation of provincial policy and regulations in this regard is expected and restrictions/limitations to facilitating ARUs should only be considered with respect to physical restrictions related to hazards (e.g. areas subject to flooding or erosion) or where the provision of such units would be a strain on a communities capacity to provide municipal services. In-keeping with the above, staff recommended that Council proceed with public and agency consultation regarding amendments to the Official Plan and Zoning By-law that would enable ARUs broadly and in accordance with Provincial direction, subject to zoning provisions approved by Town Council. Under this option, ARUs would generally be permitted in all areas of the Town zoned R1, R2 & R3 lots, subject to specific zoning provisions related to establishing ARUs contained in the General Provisions Section of the Town’s Zoning By-law. Such provisions would specifically address matters such as parking, lot size, unit size and requirements for entrances and provisions for ARUs in buildings and structures accessory to a residential use (including minimum lot size requirements). Page 52 of 194 Report No: CP 2022-165 COMMUNITY PLANNING Council Date: June 27, 2022 Page 6 of 7 The application of these provisions would have the effect of only allowing ARUs on those lots that can meet all of the established zone standards. As such, it does not necessarily mean that ARUs can be established ‘as of right’ on every residential lot containing a single-detached dwelling, semi-detached dwelling or townhouse. There would continue to be many residential lots within the Town that would not be able to accommodate an ARU, particularly those proposed in an ancillary structure. While not specifically identified in this report within the context of reviewing zoning provisions for ARUs, other matters that could potentially be further investigated include not permitting the use of parking spaces in garages to be counted toward required parking for a dwelling with an ARU, increased lot areas/frontages for ARU development and/or including provisions that limit the number of bedrooms permitted in an ARU (in addition to limiting the floor area). In addition, other non-zoning related measures that can be investigated by Town and planning staff include limiting on-street parking via Town by-laws, requiring permits for on-street parking in certain areas of the Town and other tools that would assist the Town in monitoring ARU development, such as registration or licencing of such units. Next Steps Planning staff recommend that the Town proceed with amendments to the Official Plan and Zoning By-law that implements Provincial direction regarding ARUs and that staff would initiate public, stakeholder and agency consultation in an effort to provide broad opportunity for input prior to Council’s consideration of Official Plan and Zoning amendments. Page 53 of 194 Report No: CP 2022-165 COMMUNITY PLANNING Council Date: June 27, 2022 Page 7 of 7 RECOMMENDATION It recommended that the Council of the Town of Tillsonburg direct staff to proceed with public and agency consultation regarding amendments to the Official Plan and Zoning By- law related to the implementation of policies and provisions enabling Additional Residential Units in accordance with Provincial direction as set out in the More Homes, More Choices Act and accompanying regulations. SIGNATURES Authored by: ‘original signed by’ Eric Gilbert, MCIP RPP Senior Planner Approved for submission: ‘original signed by’ Gordon K. Hough, RPP Director ATTACHMENTS Appendix 1 Report No. CP 2022-07 Appendix 2 Draft Official Plan Policies Appendix 3 Draft Zoning Provisions related to ARUs (General Provisions) Page 54 of 194 Report No: CP 2022-07 COMMUNITY PLANNING Council Date: January 18, 2022 Page 1 of 11 To: Mayor and Members of Town of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community Planning Implementation of Provincial Direction on Additional Residential Units (ARUs) REPORT HIGHLIGHTS • The Province has recently completed updates to various legislation and policies to require municipalities to establish Official Plan policies and Zoning provisions to allow for the establishment of an ‘additional residential unit’ in single detached, semi-detached and row-house dwellings and/or in a structure ancillary to such dwellings. • This report provides an overview of this new Provincial direction with respect to such units (e.g. Planning Act provisions and PPS policies) and related land use planning and implementation considerations, including the need to review and amend the Official Plan policies and Zoning By-law provisions for the Town to reflect this provincial direction. • Planning staff are seeking direction from the Town as to how they would like to proceed with the review of these planning documents to ensure they comply with the current Provincial direction on ‘additional residential units’ and provide clear and up to date direction with respect to where such units are permitted in the Town, and what standards apply. DISCUSSION Purpose and Background Over the last few years, there have been a number of amendments to Provincial legislation and policy to place a much stronger focus on increasing housing availability, choice and affordability as a matter of Provincial interest. One of the key ways the Province has chosen to further this interest is by requiring municipalities to enact Official Plan policies and Zoning provisions to allow for the establishment of ‘additional residential units (ARUs)’ in certain lower density housing types and removing a number of perceived barriers to the establishment of such units (e.g. exemption from development charges, streamlining building code requirements, limiting the ability to appeal implementing policies and zone provisions and dictating certain standards and requirements for such units). This new Provincial direction on ARUs was largely provided through Bill 108 - More Homes, More Choice Act, which was passed on June 6, 2019. Among other changes, the Bill amended the Planning Act to direct municipalities to enact Official Plan policies and Zoning provisions to allow for the establishment of an ARU in a single detached, semi-detached or row house dwelling and within a building or structure ancillary to such dwellings. Page 55 of 194 Report No: CP 2022-07 COMMUNITY PLANNING Council Date: January 18, 2022 Page 2 of 11 Accompanying Planning Act regulations (O. Reg. 299/19) also came into effect on Sept. 3, 2019, which now dictate a number of requirements and standards with respect to ARUs (e.g. number and type of parking spaces required, removing the ability to regulate the date of construction and who may occupy the principal and/or additional unit). The Provincial Policy Statement (PPS) was also amended in early 2020 to include specific policy references to ‘additional residential units’. Since this new Provincial direction on ARUs was announced, Planning staff have received numerous inquiries about the process and requirements for establishing such units in Tillsonburg as well as in other municipalities in Oxford County. Further, applications for zone change have been recently submitted to allow for the establishment of an additional dwelling unit in an existing dwelling (e.g. in accordance with the existing Official Plan policies for converted dwellings) in areas where they are not currently permitted ‘as of right’ or where zone provisions required variances to enable converted dwellings. Like many other municipalities, the Official Plan policies and Zoning provisions in Oxford have not yet been updated to reflect the most recent Provincial direction with respect to ARUs. This has resulted in some uncertainty and a number of questions/concerns from Town staff with respect to where such units should be permitted and what standards should apply. That said, with the necessary Provincial legislation and policy direction for ARUs now fully in effect, Planning staff are in a position to undertake the necessary updates to the local policies and provisions pertaining to such units. As such, the purpose of this report is to: • Provide an overview of the current Provincial requirements with respect to ARUs and associated planning considerations; • Outline the process for reviewing and updating the Town’s policies and Zoning provisions with respect to such units to ensure they are consistent with current Provincial requirements and provide clear and up to date direction for the establishment of such units in the Town; and • Obtain Council direction on how the Town wants to proceed with such a review process. Comments The following commentary provides an overview of the current legislative and policy framework that applies to ARUs, as well as related land use planning and implementation considerations. PLANNING ACT The Planning Act provisions require that Official Plans shall contain policies that authorize the use of additional residential units by authorizing: • The use of two residential units in a detached house, semi-detached house or rowhouse; and • The use of a residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse. Page 56 of 194 Report No: CP 2022-07 COMMUNITY PLANNING Council Date: January 18, 2022 Page 3 of 11 The Act also requires that each local municipality ensure that their Zoning bylaws give effect to the policies described above. The Planning Act does not specifically define ‘additional residential units’. It is important to note that the Planning Act restricts appeals of ARU official plan policies and zoning by-law provisions so that only the Minister of Municipal Affairs and Housing has the right to appeal municipal decisions on such matters to the Local Planning Appeal Tribunal (LPAT). Therefore, any new policies and/or zoning provisions approved by County/Town Council can only be appealed by the Minister. The accompanying Planning Act regulations (O. Reg. 299/19) set out a number of specific requirements and standards with respect to additional residential units, as follows: • Each additional residential unit shall have one parking space that is provided and maintained for the sole use of the occupant of the additional residential unit and it may be a tandem space; • An additional residential unit may be occupied by any person regardless of whether the person who occupies the additional residential unit is related to the person who occupies the primary residential unit and whether the person who occupies either the primary or additional residential unit is the owner of the lot; • Where the use of additional residential units is authorized, an additional residential unit is permitted, regardless of the date of construction of the primary residential unit. 2020 PROVINCIAL POLICY STATEMENT The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Under Section 3 of the Planning Act, where a municipality is exercising its authority affecting a planning matter, such decisions “shall be consistent with” all policy statements issued under the Act. The 2020 amendments to the Provincial Policy Statement (PPS), introduced a number of new and updated policies intended to increase the supply and mix of housing, including: • Requiring that a range of ‘housing options’ and densities are to be planned for in order to meet projected housing demand; • Added references to the terms ‘affordable and market-based/market demand’ to the policies pertaining to the determination of housing need; • Requiring that planning decisions be aligned with Housing and Homelessness Plans; and • Adding specific references to the term ‘additional residential units’ in the housing policies. There are two sections of the PPS that specifically refer to the term additional residential units: Section 1.1 Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns – As per Section 1.1.1 of the PPS, healthy, livable and safe communities are sustained by: • accommodating an appropriate affordable and market-based range and mix of residential types (including single-detached, additional residential units, multi-unit housing, affordable housing and housing for older persons), employment (including industrial and commercial), institutional (including places of worship, cemeteries and Page 57 of 194 Report No: CP 2022-07 COMMUNITY PLANNING Council Date: January 18, 2022 Page 4 of 11 long-term care homes), recreation, park and open space, and other uses to meet long-term needs; Section 1.4 Housing - Planning authorities shall provide for an appropriate range and mix of housing options and densities to meet projected market-based and affordable housing needs of current and future residents of the regional market area by permitting and facilitating all types of residential intensification, including additional residential units, and redevelopment in accordance with policy 1.1.3.3. The Provincial Policy Statement, similar to the Planning Act, does not offer a definition of Additional Residential Unit, but rather includes the term within definitions of “Housing Options” and “Residential Intensification” definitions as follows. Housing Options - means a range of housing types such as, but not limited to single- detached, semi-detached, rowhouses, townhouses, stacked townhouses, multiplexes, additional residential units, tiny homes, multi-residential buildings. The term can also refer to a variety of housing arrangements and forms such as, but not limited to life lease housing, co-ownership housing, co-operative housing, community land trusts, land lease community homes, affordable housing, housing for people with special needs, and housing related to employment, institutional or educational uses. Residential Intensification - includes the conversion or expansion of existing residential buildings to create new residential units or accommodation, including accessory apartments, additional residential units, rooming houses, and other housing options. When the new PPS was released, Planning staff had requested that the Province consider establishing a definition through future Provincial guidelines to clarify that the intent of such dwelling units is to increase the supply of affordable rental housing and that such units are to be clearly secondary to the primary dwelling unit on the property. However, there has been no indication of any Provincial action in this regard to date. OFFICIAL PLAN: The Official Plan does not currently contain policies that specifically address the current Provincial direction with respect to ARUs. However, the Plan does contain policies that permit Town Council to zone areas or properties to permit single detached, semi-detached and townhouse dwellings to be converted into two residential units and to be converted into more than two units, if a number of criteria can be met, including: • that the area is characterized by a mixture of dwelling types; • lot sizes are generally sufficient to accommodate the required parking without detracting from the visual character of the area; and • the existing dwellings are generally of sufficient size to accommodate the creation of additional dwelling units. The policies further state that the Zoning By-law may limit the number of units that may be contained in a converted dwelling and specify minimum lot or dwelling size requirements for conversion. To maintain the external character of the dwelling, the Zoning By-law may also limit the extent of structural changes or additions that may be permitted. In addition, the policies state that converted dwellings with more than two dwelling units may be subject to site plan control. Page 58 of 194 Report No: CP 2022-07 COMMUNITY PLANNING Council Date: January 18, 2022 Page 5 of 11 The Plan also contains policies with respect to rear yard infilling in residential areas which allow for various forms of residential development in a rear yard including, but not limited to, the construction of a residential structure behind a building facing a street, the conversion of secondary structures for residential purposes and establishment of a granny flat or garden suite. A number of criteria are provided for evaluating such forms of development, including: • the nature of the proposed development will be evaluated having regard to the type of housing found in the surrounding residential neighbourhood; • the exterior layout in terms of height, bulk, scale and layout of the proposed building is consistent with the present land uses in the area; • the siting of any buildings and parking areas in relation to the size, configuration and topography of the lot is such that the effect on light, view and privacy of adjacent yards is minimal; • direct vehicular access to a public street is required and driveways will have sufficient width to allow efficient vehicular use and turning of both private and emergency vehicles and to provide snow storage; and • such development may be subject to site plan control. These existing Official Plan policies already allow Town Council to zone properties or areas to allow for the establishment of an additional residential unit in a single detached, semi-detached or townhouse dwelling and/or in an ancillary structure on a residential property, in a similar manner to the current Provincial direction on ARUs. These policies provide the general framework for the incorporation of specific ARU policies into the Official Plan. However, they will still require further review and amendment to ensure they clearly reflect current Provincial direction on ARUs, including ensuring they specifically reference the term Additional Residential Units and direct that the Area Municipalities must establish Zoning to authorize the use of ARUs in accordance with the applicable Planning Act requirements and Official Plan policies. That said, it is expected that any updated policies would still provide flexibility for the Area Municipalities to establish Zoning provisions that provide more detailed local direction with respect to where such units could be located and what standards apply. TOWN OF TILLSONBURG ZONING BY-LAW: The above-noted policies of the Official Plan are implemented through the Town’s Zoning By-law. Lands zoned ‘Residential Type 1 Zone (R1)’ in the By-law permit only a single-detached dwelling and are subject to varying lot area provisions which are related to the frontage of a particular property. Any proposal for a converted dwelling (i.e. a second unit) in an R1 Zone requires an amendment to the Town’s Zoning By-law. Converted dwellings, semi-detached and duplex dwellings as well as single-detached dwellings are permitted in the Town’s ‘Residential Type 2 Zone (R2)’ and are generally subject to lesser lot area and frontage requirements than the R1 Zone. Converted dwellings consisting of greater than 2 units as well as other forms of multi-unit residential development are permitted in the ‘Residential Type 3 Zone (R3)’. Planning staff are of the opinion that the current provisions of the Town’s Zoning By-law would benefit from a thorough review, together with the current Official Plan policy framework, to determine appropriate lot sizes (area and frontage) for ARU development, including consideration of provisions that would apply to the establishment of ARUs in buildings and structures other than Page 59 of 194 Report No: CP 2022-07 COMMUNITY PLANNING Council Date: January 18, 2022 Page 6 of 11 the residential dwelling (e.g. accessory buildings). Such review could also consider alternative measures that could be employed to regulate ARUs, including limiting the size of such units, the location of entrances, restricting the construction of additions for ARU development and the possible use of licencing for new ARUs. The current provisions of the Town’s Zoning By-law were established in 2008, however, many of these provisions (particularly related to lot depth and lot frontage) existed in the Town’s previous By-law, which was approved in 1977. With the recent Provincial direction regarding ARUs and affordable housing initiatives in general, a number of municipalities have embarked on Official Plan policy and zoning provision reviews that will assist in the Town’s consideration of appropriate measures related to where ARUs should be permitted. Planning Analysis Municipal implementation of the current Provincial direction with respect to ARUs would begin with review of the Official Plan which, as per the provisions of the Planning Act, must contain policies that authorize the use of an additional residential unit in a detached, semi-detached or row house dwelling and in a building or structure ancillary to such dwelling types. In Oxford, this would involve updating the Official Plan to include specific policies to enable and guide the establishment of ARUs in the each of the Area Municipalities, consistent with the applicable Planning Act and PPS direction. It is currently anticipated that these policies would be relatively high level, with the focus being on supporting and enabling the establishment of ARUs where appropriate, based on relevant planning considerations such as availability of water and wastewater services, avoiding hazard areas (e.g. flooding, erosion, unstable soil), protecting prime agricultural land and other natural resources, etc. Each of the Area Municipalities in the County would then be responsible for enacting Zoning By-Law provisions, and any other tools and measures they may feel are necessary, to implement the Provincial direction and Official Plan policies for ARUs at the local level and to establish the more detailed local requirements for such units. The following provides some further discussion on the general rationale for allowing the establishment of ARUs and related planning and implementation considerations. a) Rationale for Allowing ARUs The rationale typically provided (e.g. by the Province and others) for facilitating the establishment of ARUs is generally as follows: • Increase supply of affordable housing – ARUs can provide an affordable rental housing option and assist with the costs of home ownership (e.g. by providing rental income). • Increased supply of rental housing - ARUs can assist in increasing the supply of rental housing in a community and, thereby, the range of housing types and tenures needed to sustain a healthy, vibrant community that can accommodate a range and mix of households (e.g. different life/career stages, ages, size, income etc.). Page 60 of 194 Report No: CP 2022-07 COMMUNITY PLANNING Council Date: January 18, 2022 Page 7 of 11 • Increased housing options and flexibility to address a range of housing needs - ARUs can provide an attractive option for singles and young professionals and those with extended families, aging parents, adult dependents, live-in caregivers etc. and can also provide flexibility to adjust to changing housing needs over time (e.g. as people age). • Make more efficient use of existing housing stock – Neighbourhoods can transition over time and households be ‘over-housed’ for a variety of reasons. For instance, a larger home that may have been well suited for a young family with children and working incomes may become too large once their children move out and/or the occupants are on a fixed retirement income or lose a spouse. Allowing for a portion of the home to be converted into an ARU can help such families remain in their homes and neighbourhoods (i.e. not having to sell and downsize) by making use of their surplus floor space and providing a source of supplemental income while, at the same time, increasing the supply of housing in the community. • Make more efficient use of land, infrastructure and public services - ARUs are often referred to as ‘soft’ or ‘hidden’ density, as they can assist in increasing the total number of households in an area with limited impact on the built character. Increasing the residential density in existing communities can assist in preserving agricultural land, making more efficient use of existing infrastructure (e.g. roads, sewers etc.) and public services (e.g. schools, parks, recreation facilities, public transit etc.) and supporting other local services (e.g. stores, restaurants, personal/health care services etc.). Planning staff’s current understanding is that the Provincial expectation is that such units will be largely permitted ‘as of right’ (i.e. subject to obtaining a building permit and complying with any applicable Zoning provisions) in single detached, semi-detached and townhouse dwellings in most fully serviced settlement areas, unless there is a clear planning basis for not doing so (e.g. presence of natural hazards or resources, servicing constraints or other PPS policy based rationale). That said, it is also understood that municipalities will be permitted to develop reasonable local standards and minimum requirements that will need to be met for such units to be established, particularly in cases where they are to be located in a building or structure ancillary to the primary dwelling. Based on a recent review of municipalities who have implemented or are in the process of implementing local direction on ARUs, it appears that such units are generally being allowed ‘as of right’ in the main dwelling in residential zones that permit a single detached, semi-detached or rowhouse dwelling, subject to complying with applicable zone provisions. In terms of permitting ARUs in accessory buildings the approach varies considerably. The only municipality within Oxford County that has formally initiated the process to establish a policy regime for ARUs is the City of Woodstock. In this regard, City Council have directed staff to establish policies and zone provisions that would initially limit the areas where ARUs may be established as of right to those residential areas that already permit multi-unit residential development (i.e. R2 and R3 zoned areas) and that additional areas for such development would be phased in based on the City’s monitoring of ARU development. That said, it should be noted that any local policies that are established with respect to ARUs will be reviewed by the Minister of Municipal Affairs and Housing to Page 61 of 194 Report No: CP 2022-07 COMMUNITY PLANNING Council Date: January 18, 2022 Page 8 of 11 determine whether they meet the Province’s intent with respect to enabling the establishment of such units. In this regard, the following section outlines some of the potential considerations that may help to inform the development of appropriate local standards and requirements for ARUs in the Town. b) Potential Implementation Considerations Potential land use and implementation issues that should be considered in the development of any local implementation approach for ARUs include, but are not necessarily limited to: • Parking - Like other residential units, ARUs require parking. However, as noted above, Provincial regulations dictate that only one parking space may be required for an ARU and it may be provided as a tandem space (i.e. in front of or behind another space). Some potential options to help address concerns that may arise from this limitation include limiting the size/scale of the ARU, requiring adequate parking for the principle dwelling, ensuring adequate driveway width and parking space dimensions, reviewing on-street parking regulations, etc. • Health and Safety – ARUs will need to meet various health and safety requirements, including compliance with any related Zoning By-law and Ontario Building Code provisions. At minimum, it is expected that new ARUs would be subject to the local building permit process, which will provide an initial opportunity for zoning and building/fire code review. That said, some municipalities have also established licensing/registration systems for such units to address concerns with health and safety standards being maintained after construction (e.g. to require post construction inspections and/or reporting etc.). Further, ARUs are generally not permitted in areas that are subject to flooding or other potential hazards. • Servicing and infrastructure – Adequacy of infrastructure, particularly water and wastewater servicing infrastructure, will be a key factor in determining whether and where ARUs should be permitted. If a substantial number of ARUs were to be established in a particular area or community, it could significantly increase the demand on municipal water and wastewater services and potentially other infrastructure and public service facilities. This consideration will be of particular importance in smaller settlements with more limited servicing capacity. • Affordable/Secondary in Nature – Although there are currently no specific planning or legal mechanisms to ensure such units are affordable, the general assumption appears to be that they will be affordable simply due to being relatively small size and secondary to the primary dwelling unit. Although the current Provincial direction (e.g. DC exemption, only one parking space etc.) and rationale for allowing such units seems to be predicated on this assumption, there does not appear to be anything in the implementing provincial legislation or policies that specifically references or mandates affordability or limits the size/scale of an ARU. Therefore, it will be important to establish appropriate local direction to ensure ARUs are secondary to the primary dwelling, limited in size and, to the extent possible, affordable. Some potential options may include: Page 62 of 194 Report No: CP 2022-07 COMMUNITY PLANNING Council Date: January 18, 2022 Page 9 of 11  Establishing a definition for ARUs to clearly indicate they are to be secondary to the principle dwelling, limited in size/scale and to differentiate dwellings with ARUs from other dwelling types (e.g. duplexes, semi-detached);  Establishing limitations on unit size (e.g. maximum number of bedrooms, floor area and/or % of principle dwelling floor area etc.);  Ensuring an ARU cannot be severed from the lot containing the principle dwelling (e.g. where permitted in a detached accessory structure) etc. • Financial implications – ARUs are exempt from development charges (DCs), provided the gross floor area of the ARU is less than or equal to the gross floor area of the primary dwelling unit. Therefore, the costs associated with any increased demand on services (e.g. water and wastewater services, roads, emergency services, recreation facilities etc.) from such units cannot be recovered through DCs. If a large number of ARUs were to be established in a particular community (e.g. through conversions or becoming a standard builder option for new homes), it could potentially result in a substantial increase in demand for services. As such, the Town may wish to discuss any potential long term financial impacts with their DC consultant. Regardless, this consideration reinforces the importance of ensuring ARUs remain secondary in nature and limited in size/scale so that the potential for increased demand on infrastructure and public services is also limited. • Locational considerations – There are a number of locational/context specific considerations that may impact whether and where it may be appropriate to allow for the establishment of ARUs and what requirements/review criteria may be necessary. These may include restricting the establishment of ARUs in areas subject to natural or environmental hazards, or in areas that may create land use compatibility concerns (e.g. in proximity to major facilities or industrial uses). • Number of ARUs per lot - It may be reasonable to restrict the number of ARUs permitted on a lot for a number of reasons, including:  Existing units and other uses on the property (e.g. multiple existing dwellings or a boarding/lodging house, garden suite, converted unit, home occupation, bed and breakfast etc.);  Adequacy of servicing;  Lot size (e.g. adequate area for parking, landscaping and amenity areas) etc. • Maintaining Neighbourhood Character – There are a number of potential approaches that could be considered to help ensure such units do not detract from the built character of a property or area including, but not necessarily limited to:  Not allowing additional driveways, restricting the width of driveways or proportion of a front yard that can be used for parking etc.;  Requiring a minimum amount of landscaped area and/or amenity space to be maintained or provided;  Limiting the extent of exterior alterations (e.g. building additions, decks, fire escapes, stairways, doorways etc.) and/or restricting in certain yards (e.g. so they are not visible from the street);  Establishing minimum lot area, frontage and setbacks and/or maximum lot coverage requirements etc. Page 63 of 194 Report No: CP 2022-07 COMMUNITY PLANNING Council Date: January 18, 2022 Page 10 of 11 • ARUs in accessory structures – The considerations related to allowing for an ARU in a structure accessory to the primary dwelling may differ considerably from those for an ARU to be located within a primary dwelling. As such, it is expected that there will be circumstances or areas where it may be appropriate to allow for an ARU to be established ‘as of right’ within a primary dwelling, but not in an accessory building, or to establish different review criteria or processes for the establishment of an ARU in an accessory structure versus within a primary dwelling. It is expected that many of these considerations can be at least partially addressed through appropriately crafted Official Plan policies and zoning provisions. However, there may be some that will require the consideration of additional implementation measures to effectively address. With respect to the public engagement and consultation, the required amendments to the Official Plan and Town’s Zoning By-Law are required to meet the statutory public notification requirements of the Planning Act, including posting notice of complete application and notice of public meeting in a local newspaper, Town and County websites, and considering the application in a statutory public meeting. If Council desires additional public engagement, direction should be provided to staff. Conclusions This report provides an overview of the legislative context and key planning considerations associated with the implementation of local direction on ARUs to serve as the initial basis for consultation with the Town to identify local concerns and preferred approaches and to obtain Council direction with respect to initiating review of the Town’s Official Plan policies and Zoning provisions to specifically address such units. Given the level of interest and recent questions and concerns that have arisen with respect to such units in Tillsonburg, the Town may wish to expedite review of their policies and Zoning By-Law provisions by initiating their own Official Plan amendment application, as well as an amendment to the Town’s Zoning By-law. Page 64 of 194 Report No: CP 2022-07 COMMUNITY PLANNING Council Date: January 18, 2022 Page 11 of 11 RECOMMENDATION It is recommended that Council of the Town of Tillsonburg receive Report No. CP 2022-07, as information; AND FURTHER, it recommended that the Council of the Town of Tillsonburg direct planning staff to initiate a review of the current legislative and policy framework with respect to Additional Residential Units and authorize staff to initiate the necessary amendments to the Official Plan and Zoning By-Law to establish the Town’s requirements for such units. SIGNATURES Authored by: “Original signed by” Eric Gilbert, MCIP, RPP Senior Planner Approved for submission: “Original signed by” Gordon K. Hough, RPP Director Page 65 of 194 County of Oxford Official Plan Chapter 8 Town of Tillsonburg Land Use Policies Page 8.2-1 8.2 Housing Development and Residential Areas 8.0 Town of Tillsonburg Land Use Policies 8.2 Housing Development and Residential Areas 8.2.1 Strategic Approach In keeping with the Mission Statement and Goals as set out in the Municipal Planning Strategy, and to provide present and future residents of Tillsonburg with a choice of adequate and affordable housing which meets their needs, it is the strategic aim of Town Council to: ACCOMMODATE HOUSING DEMANDS Accommodate the present and future demand for housing in Tillsonburg through the efficient use of vacant residentially-designated lands, underutilized parcels in built-up areas and existing housing stock in all neighbourhoods, with the objective of also reducing energy consumption, decreasing the financial burden of underutilized municipal services, and relieving pressure for development of natural areas and open spaces. FACILITATE CHOICE Facilitate a choice of housing type, tenure, cost and location that meets the changing needs of all types of households by providing for a variety and mix of housing throughout the Town. COMPATIBLE DEVELOPMENT Ensure that new housing is of a human scale and is sensitive to and improves the existing physical character of the area, using the criteria established in the Official Plan to guide new development. INCREASE SUPPLY OF AFFORDABLE HOUSING Increase the supply of affordable housing by integrating adequate housing for low and moderate income households and those with special needs throughout the Town and establish and monitor minimum affordable housing targets to ensure that the percentage of affordable housing is maintained or enhanced COOPERATIVE EFFORTS Promote and facilitate the provision of affordable housing through the co-operative efforts of all levels of government, the private sector and volunteer interest groups through such means as technical assistance, land conveyances, joint ventures, regulatory measures, and incentives. CONSERVATION AND RENEWAL Encourage the renewal and conservation of existing housing stock by promoting the maintenance and rehabilitation of existing housing stock and by controlling demolition or conversion to non-residential uses. Page 66 of 194 County of Oxford Official Plan Chapter 8 Town of Tillsonburg Land Use Policies Page 8.2-2 8.2 Housing Development and Residential Areas SPECIAL NEEDS Facilitate a choice of special needs housing by encouraging and permitting the integration of such housing for people with special needs in all residential areas. ACCESSIBILITY Ensure that housing and residential development is designed in such a way that convenient and safe access can be attained via a variety of modes. Emphasis will be placed on increasing opportunities for non- auto transportation including pedestrians and cycles. Barriers to accessibility for those persons with disabilities or special needs are to be removed and ease of access facilitated. EFFICIENT LAND USE PATTERNS Promote the concepts of compact urban form and intensification as means of maximizing the use of existing services, promoting energy efficiency and protecting agricultural lands and natural areas. This plan sets out minimum density requirements for residential development and establishes minimum residential intensification targets which are to be considered prior to approving new residential development within designated growth areas. OBJECTIVES AFFORDABLE HOUSING 8.2.2 Housing Development 8.2.2.1 Affordability To ensure that adequate affordable housing for low and moderate income households and those with special needs is available in the Town. ADEQUATE DISTRIBUTION To ensure the adequate distribution of affordable housing throughout the Town. POLICIES AFFORDABLE HOUSING DEVELOPMENT Opportunities for the development of housing types to meet the needs of low and moderate income households will be provided by: AFFORDABLE HOUSING  facilitating the creation of new dwelling units through development and particularly through residential intensification;  designating sufficient lands on a Town-wide basis for multiple unit accommodation to meet projected housing needs;  establishing a minimum target of 20 percent as the proportion of all housing within the County which is to be affordable housing; Page 67 of 194 County of Oxford Official Plan Chapter 8 Town of Tillsonburg Land Use Policies Page 8.2-3 8.2 Housing Development and Residential Areas  monitoring benchmarks for affordability and achievement of the affordability target on an annual basis and at the time of a 5 year review of this Plan. In addition to these objectives of the Plan, Town Council:  may secure options to purchase land and/or dwelling units; and  may establish joint ventures between the Town or other housing agencies for the development of affordable housing units. RESIDENTIAL INTENSIFICATION Shall ensure that opportunities exist to increase the variety and affordability of dwelling types in the built-up portion of the Town by permitting appropriate forms of residential intensification 10 YEAR SUPPLY OF SERVICED LAND In keeping with the Provincial Policy Statement on housing the Town will, within its legislative powers maintain the ability to accommodate residential growth for a minimum of 10-years through residential intensification and urban growth lands designated for residential development and will establish a long term servicing plan for the provision of services for all vacant residential lands. HOLDING PROVISION May utilize the holding (H) symbol provisions of the Planning Act to secure commitments to the construction, distribution, and timely delivery of affordable housing, as set out in Chapter 10, Implementation Measures. REDUCED STANDARDS May consider the use of reduced municipal infrastructure requirements and lot standards on a site or area specific basis, to facilitate the delivery of affordable housing while still meeting the overall objectives of the Plan. 3 YEAR SUPPLY In keeping with the Provincial Policy Statement, the Town will, within its legislative powers, endeavour to maintain land with servicing capacity sufficient to provide at least a 3-year supply of residential units through intensification and/or in registered and draft approved plans of subdivision. DISTRIBUTION OF SOCIAL HOUSING Town Council shall encourage the provision of a distribution of social housing integrated throughout the Town, and where feasible, may assist social housing providers to locate or acquire new social housing sites. Page 68 of 194 County of Oxford Official Plan Chapter 8 Town of Tillsonburg Land Use Policies Page 8.2-4 8.2 Housing Development and Residential Areas ASSISTANCE TO OTHER GROUPS Town Council shall, where feasible, provide assistance to interest groups, special needs groups, volunteer sector groups, the public and the private sector to provide affordable housing. Such assistance may include technical assistance, programme information, partnership arrangements, leasing of land and other measures that are appropriate. ACQUISITION Town Council may continue to acquire property for the purpose of developing affordable housing. DENSITY BONUS Town Council, under the increased density provisions of the Planning Act may provide increases in height and/or density of development in return for affordable housing as set out in Chapter 10, Implementation Measures. TOWN LAND DISPOSAL Town Council, in the disposition of Town lands suitable for residential development, may give first priority to proponents for social or affordable housing. OBJECTIVES TENURE 8.2.2.2 Tenure Mix To promote a range of tenure forms throughout the Town consistent with the demand. SUPPLY To maintain an appropriate supply of affordable rental and ownership housing in the Town of Tillsonburg while recognizing that this housing needs to be suitably maintained and adequate for habitation. POLICIES NEIGHBOURHOOD MIX Town Council shall encourage the creation of housing opportunities that may result in a mix of tenure forms, such as ownership, rental, and cooperative, throughout the Town. Such encouragement will include the provision of opportunities for the development of a variety of housing forms in newly developing areas and by permitting sensitive infilling and accessory apartments in built-up areas. RENTAL HOUSING CONVERSION Rental housing conversion refers to any change in the tenure status of an existing residential building from rental to ownership in accordance with the Tenant Protection Act. Existing rental residential buildings include buildings that are either totally occupied, partially occupied, or unoccupied and approved as rental buildings. CONVERSION POLICIES When reviewing a proposal for permission to convert a rental residential building to ownership tenure, Town Council will be guided by the following criteria before approving such applications: Page 69 of 194 County of Oxford Official Plan Chapter 8 Town of Tillsonburg Land Use Policies Page 8.2-5 8.2 Housing Development and Residential Areas VACANCY RATE The vacancy rate for similar unit types which are available at a similar level of rent, as determined by the Canada Mortgage and Housing Corporation (CMHC) or by a supplementary vacancy rate survey conducted by the County of Oxford Community and Strategic Planning Office, is 3% or greater. The vacancy rate will be defined as the average of the latest two vacancy surveys conducted in the Town by either CMHC and/or the County of Oxford Community and Strategic Planning Office. AFFORDABILITY Whether the proposal will add to the affordable housing stock and the proportion of similarly priced ownership housing in the housing market. The affordability of ownership housing will be determined by using local income data, a 10% down payment, the current mortgage interest rate, and a 30% gross annual household income allocation for housing. IMPACT ON TENANTS The impact of the conversion on tenants and the potential for displacement and the measures proposed to minimize hardship for existing tenants. SITE PLAN CONTROL That the proposal complies with all residential development standards, the property maintenance and occupancy standards by-law and design standards. In this regard proposals to convert rental residential buildings to ownership tenure may be subject to site plan control to ensure that consistent standards are established for both new development and conversion throughout the Town. BUILDING AND FIRE CODES That the proposal complies with the Ontario Building and Fire Codes or is proposed to be upgraded in accordance with such standards or requirements. The Town may require a building condition report to be submitted by a qualified professional engineer for this purpose. CONVERSION PERMITTED Notwithstanding the above, the Town Council may approve an application to convert rental housing to ownership tenure where it can be demonstrated that: ESSENTIAL RETROFITTING Essential retrofitting is immediately required to provide safe, healthful and affordable housing and where it is demonstrated to the satisfaction of the Town Council that income received from rent, including rent increases permitted under Provincial legislation, is not capable of supporting the work required. The Town Council may require applicants to submit certified financial statements in this regard. HERITAGE BUILDING The building proposed for conversion is designated as a heritage property under the provisions of the Ontario Heritage Act. Page 70 of 194 County of Oxford Official Plan Chapter 8 Town of Tillsonburg Land Use Policies Page 8.2-6 8.2 Housing Development and Residential Areas OBJECTIVES ENSURE MAINTENANCE 8.2.2.3 Conservation and Renewal To ensure that the existing housing stock is maintained in a condition which ensures its usefulness in meeting future housing needs. CONTROL DEMOLITION/ CONVERSION To ensure that the existing supply of housing is not eroded through unnecessary demolition or conversion to non-residential uses, except as permitted by Section 8.2.3.3. POLICIES MAINTENANCE AND REHABILITATION Town Council shall ensure the maintenance and rehabilitation of the existing housing stock through enforcement of the property maintenance and occupancy standards by-law. This shall not preclude the demolition of existing housing which has deteriorated to the point where it represents a safety or fire hazard. ROLE OF PROPERTY STANDARDS Town Council shall monitor the regulations of the property maintenance and occupancy standards by-law to ensure its effectiveness. REHABILITATION PROGRAMMES Town Council may administer residential rehabilitation programmes offered by senior levels of government. HOUSING STOCK PROTECTION Town Council, when reviewing and approving development applications and permits, requiring the demolition of existing housing, will review the adequacy of the supply of replacement units available or proposed to be available to offset the loss of housing units through conversion or demolition. OMB Referral No. 8 OBJECTIVE FACILITATE SPEICAL NEEDS HOUSING 8.2.2.4 Special Needs Housing To facilitate the integration of special needs housing facilities for people with unique housing needs in appropriate locations throughout the Town. POLICIES SPECIAL NEEDS HOUSING IN RESIDENTIAL AREAS Town Council shall encourage the provision of and permit housing for people with special needs to be located in all areas where residential uses are permitted. SIZE AND LOCATION The location of various sizes of special needs housing will be determined by residential densities in the Town, with the intention of permitting smaller sized facilities in areas of Low Residential Density and directing larger sized facilities to areas of Medium and High Residential Density and appropriate Employment and/or Community Facilities Areas. Page 71 of 194 County of Oxford Official Plan Chapter 8 Town of Tillsonburg Land Use Policies Page 8.2-7 8.2 Housing Development and Residential Areas GROUP HOMES, HOSTELS, TEMPORARY SHELTERS AND EMERGENCY SHELTERS Town Council shall implement through the Zoning By-law regulations permitting group homes, hostels, temporary shelters, emergency shelters and other similar forms of special needs housing in specific Low and Medium Density Residential and Central Commercial zones as of right. REVIEW CRITERIA When reviewing any proposal to rezone lands for the purpose of establishing, through new construction or conversion of existing structures, a group home, hostel, temporary shelter, emergency shelter or other similar form of special needs housing, Town Council shall be satisfied: TRAFFIC That traffic generated from the facility can be adequately accommodated by the road network and will not have a significant impact on adjacent residential areas. DESIGN The facility shall be of a design which maintains the scale, density, appearance, character and continuity of existing land uses in the surrounding neighbourhood. ZONING CONFORMITY The land, buildings or structures for the proposed facility shall conform to the provisions of the Zoning By-law. Parking requirements will be established on the basis of floor area and shall ensure that the on-site parking supply meets the needs of residents, support staff and visitors. ROOMING, BOARDING AND LODGING HOUSES Town Council shall implement through the Zoning By-law regulations permitting rooming, boarding and lodging houses within the Central Area and in specific residential zones adjacent to the Central Area as of right:  specifically rooming, boarding and lodging houses with an occupant load of between 4 to 8 persons shall be permitted in all Residential Areas but only in zones permitting multiple dwellings;  rooming, boarding and lodging houses with an occupant load of more than 8 persons shall be permitted in Medium and High Density Residential areas; End Referral No. 8  rooming, boarding and lodging houses may be subject to site plan control. OBJECTIVE PROMOTE RESIDENTIAL INTENSIFICATION 8.2.2.5 Residential Intensification and Redevelopment To promote residential intensification in appropriate locations to make more efficient use of existing land, infrastructure and public services. Page 72 of 194 County of Oxford Official Plan Chapter 8 Town of Tillsonburg Land Use Policies Page 8.2-8 8.2 Housing Development and Residential Areas POLICIES WHERE PERMITTED Residential intensification is permitted in appropriate locations within the Residential and Central Areas of the Town, subject to complying with the policies of the associated land use designations pertaining to the density, form and scale of residential development being proposed. SIZE AND LOCATION It is not intended that residential intensification will occur uniformly throughout the Town. The location, form and intensity of residential intensification will be determined by the policies of the various land use designations, with the intention of permitting smaller scale developments, such as individual infill lots in areas designated as Low Density Residential and directing larger scale projects to areas designated as Medium and High Density Residential and the Central Area. INTENSIFICATION AND REDEVELOPMENT TARGET A minimum target of 15 percent shall be established as the proportion of all new residential dwelling units to be developed through residential intensification within built-up areas of the Town. APPLICATON OF INTENSIFICATION TARGET Prior to, or concurrent with, the approval of new residential development in designated growth areas, County and/or Area Council shall be satisfied that the minimum residential intensification target has been achieved and that approval of such development will not negatively affect the ability of the Town to achieve such target in the future. MONITORIING The minimum residential intensification target is to be monitored by the County on an annual basis, with progress toward the target evaluated as part of each 5 year review of this plan. REDUCED STANDARDS Residential intensification and compact urban form shall be facilitated through appropriate zoning standards and Town Council may consider the use of reduced municipal infrastructure requirements and lot standards on a site or area specific basis, provided that such standards are still in keeping with the overall objectives of the Plan. Page 73 of 194 County of Oxford Official Plan Chapter 8 Town of Tillsonburg Land Use Policies Page 8.2-9 8.2 Housing Development and Residential Areas DESCRIPTION 8.2.3 Residential Areas Residential Areas are those lands primarily designated for housing purposes which may also include other land uses which are integral to and supportive of a residential environment. Within the Residential Area housing will include the full range of dwelling types from detached homes to apartment dwellings including special needs housing. In order to provide opportunities for the development of a broad range of dwelling types, to facilitate the efficient use of residentially designated land and to provide for compatibility between housing of different residential densities, three categories of residential land use are identified. Areas designated for Low Density Residential, Medium Density Residential and High Density Residential on Schedule T-2 are differentiated according to function, permitted uses, location criteria, density and scale of development. LAND SUPPLY 8.2.3.1 Objectives for All Residential Designations Provide for a supply of residential land that is sufficient to accommodate the anticipated demand for a broad range of new dwelling types over the planning period, through residential intensification and, if necessary, designated growth areas. VARIETY AND MIX Support the provision of a choice of dwelling types according to location, size, cost, tenure, design, and accessibility and designate lands for a range of densities and structural types throughout the Town to satisfy a broad range of housing requirements. SPECIAL NEEDS Support the development of residential facilities that meet the housing needs of persons requiring special care. ORDERLY DEVELOPMENT Ensure orderly residential development throughout the Town by:  directing the expansion of residential development into appropriate areas according to availability of municipal services, soil conditions, topographic features, environmental constraints and in a form which can be integrated with established land use patterns;  ensuring that approvals for residential development are consistent with servicing capabilities and providing for the efficient allocation of municipal services to ensure that the expansion of services does not occur prematurely. Page 74 of 194 County of Oxford Official Plan Chapter 8 Town of Tillsonburg Land Use Policies Page 8.2-10 8.2 Housing Development and Residential Areas EFFICIENT USE Facilitate the efficient use of the existing housing stock, underutilized residential parcels and vacant land designated residential to accommodate the future demand for housing and to reduce energy consumption, efficiently utilize municipal services and maximize public open space opportunities. COMPATIBILITY Ensure that the built form, massing and profile of new housing is well integrated and compatible with existing housing and that a compatible transition between lands of different residential densities and between residential and non-residential land uses is achieved. HERITAGE Support the maintenance and preservation of buildings considered by Town Council to be architecturally and/or historically significant to the community. NEIGHBOURHOOD SERVING USES AND AMENITIES Facilitate the provision of conveniently and appropriately located neighbourhood serving uses and supportive amenities which enhance the quality of the residential environment in Residential Areas. INTENSIFICATION AND REDEVELOPMENT Support residential intensification in appropriate locations taking into consideration public services and infrastructure and environmental features and development constraints and ensure the residential intensification target of Section 8.2.2.5, is achieved prior to, or concurrent with, the approval of new residential development in designated growth areas. RESIDENTIAL DEVELOPMENT PLAN 8.2.3.2 Residential Development Policies To assist in achieving the land use objectives for Residential Area designations as identified in Section 8.2.3.1, Residential Areas of Low, Medium and High Density and Mobile Home Park are identified on the Residential Density Plan, Schedule T-2. AREA OF EXISTING RESIDENTIAL DEVELOPMENT Within existing built-up areas of residential development, it is anticipated that further residential development will largely occur through residential intensification consistent with the policies of the Low, Medium and High Density Residential areas as applicable and in conformity with Schedule T-2. Neighbourhood Serving and Non- Residential Uses will be established in accordance with the policies of Sections 8.2.3.3 and 8.2.3.4. Page 75 of 194 County of Oxford Official Plan Chapter 8 Town of Tillsonburg Land Use Policies Page 8.2-11 8.2 Housing Development and Residential Areas MOBILE HOME PARK For the purposes of this Plan, mobile homes are considered to be transportable factory-built, single family dwelling units, suitable for occupancy. The lands designated as Mobile Home Park on Schedule T-2 shall be used for mobile homes and amenity areas such as parks and playgrounds. Redevelopment of this site shall be for low density residential development, consistent with the policies in Section 8.2.4. It is intended that further development or expansion of mobile home parks in the Town of Tillsonburg shall require an amendment to this Plan. AREAS OF NEW RESIDENTIAL DEVELOPMENT Within new residential areas, development is to be in keeping with the following policies for Low, Medium and High Density Residential development as well as the policies as outlined in Sections 8.6 and 8.2.7. DESCRIPTION 8.2.3.3 Neighbourhood Serving Uses in Residential Areas Town Council will support the provision of services and amenities that enhance the quality of the residential environment within lands designated as Residential Area on Schedule T-1 by permitting neighbourhood serving uses to be established. Neighbourhood serving uses include land uses such as schools, churches, libraries, parks, community centres, day care facilities, convenience shopping facilities and community support services which primarily serve a local residential neighbourhood by providing everyday goods and services or fulfilling cultural and social needs. EVALUATION CRITERIA In addition to the specific policies as outlined in Sections 8.3, 8.5 and 8.6, the following factors will be used to evaluate the acceptability of development proposals for neighbourhood serving uses:  demonstration that such uses will contribute in a positive way to providing a sense of community by facilitating interaction among residents, by increasing the personal security of residents and by supplying everyday needs;  such uses will generally be clustered in association with other community-oriented land uses, such as open spaces, pedestrian linkages, or leisure facilities in order to provide a focal point for the area or will be located such that they serve as intervening land uses between residential and non-residential development;  the presence or provision of pathways or sidewalks which facilitate pedestrian access to these uses; Page 76 of 194 County of Oxford Official Plan Chapter 8 Town of Tillsonburg Land Use Policies Page 8.2-12 8.2 Housing Development and Residential Areas  those uses with the potential to generate significant amounts of traffic and parking, originating from points external to the affected residential area, are located on either major collector or arterial roadways to minimize the disturbance that is created on local streets;  demonstration that screening, buffering, physical separation or other design measures can be utilized to reduce any adverse effects generated by the use on adjacent residential uses. Such effects may include noise, lighting, fumes, parking and outdoor storage;  it can be demonstrated that such uses complement adjacent residential uses, provide a needed service to the area, and are better located in the Residential Area designation than in other areas as designated in the Plan. GREATER RESTRICTIONS Town Council may choose to restrict the location and the range of Neighbourhood Serving Uses permitted through the Zoning By-law. ACCESSORY RESIDENTIAL USES Residential units accessory to a neighbourhood serving use are permitted except where the neighbourhood serving use functions as an intervening land use between residential and non-residential development. COMMERCIAL USES Commercial uses serving the Residential Area, such as variety stores and other convenience-type facilities shall be limited to a maximum total floor area of 372 square metres (4,000 square feet) gross leasable commercial floor area. METHADONE AMENDMENT NO. 179 Nothwithstanding any other policy or provision contained in this subsection, Neighbourhood Serving Uses shall not include a methadone clinic or methadone dispensary. GENERAL POLICY FOR NON-RESIDENTIAL USES 8.2.3.4 Non-Residential Uses in Residential Areas In addition to permitting neighbourhood serving uses as outlined in Section 8.2.3.3, Town Council may permit 'limited' non-residential uses, such as health care offices and clinics, small-scale nursing and rest homes with less than 20 beds, retirement homes and recreational uses which may serve the wider community, in the Residential Area designation provided that: Page 77 of 194 County of Oxford Official Plan Chapter 8 Town of Tillsonburg Land Use Policies Page 8.2-13 8.2 Housing Development and Residential Areas EVALUATION CRITERIA  those uses with the potential to generate significant amounts of traffic or parking originating from points external to the affected residential area will be located at the periphery of existing concentrations of residential development on a collector or arterial road;  the proposed use can be considered to be compatible with existing residential uses through appropriate screening, buffering, physical separation or other design measures to mitigate noise, lighting, fumes, parking and outdoor storage;  the proposed use is compatible with any other existing or designated non-residential use in the area;  the proposed use is of a small scale and will not adversely affect the availability of residential land supplies to meet anticipated housing demand;  such uses are limited in number and density and will not form concentrations of non-residential development in the Residential Area. METHADONE AMENDMENT NO. 179 Nothwithstanding any other policy or provision contained in this subsection, Non-Residential Uses in Residential Areas shall not include a methadone clinic or methadone dispensary. EVALUATION CRITERIA 8.2.3.5 Home Occupations in the Residential Areas Within the Residential Areas designation an existing dwelling unit or accessory structure may be used for the purpose of a home occupation provided that:  such home occupation is a business activity which is clearly secondary to the residential use of the property;  the home occupation is carried on within the existing residential dwelling or accessory structure by a resident;  the home occupation does not generate noise, odour, traffic or visual impacts that may have an adverse effect on adjacent properties or dwelling units. Page 78 of 194 County of Oxford Official Plan Chapter 8 Town of Tillsonburg Land Use Policies Page 8.2-14 8.2 Housing Development and Residential Areas ZONING RESTRICTIONS The Zoning By-law may contain regulations to limit the kinds of activities to be allowed as home occupations according to the type of dwelling unit and will establish standards relating to matters such as the scale of use, extensions to buildings, parking facilities, number of employees, exterior storage or display of goods, signage and other evidence of the business activity from outside the property, residential dwelling or accessory structure. DESCRIPTION 8.2.4 Low Density Residential Areas Low Density Residential areas are those lands that are primarily developed or planned for a variety of low-rise, low density housing forms including single detached, semi-detached, duplex, additional residential units, converted dwellings, quadraplexes, townhouses, and low density cluster development. In these areas, it is intended that there will be a mixing and integration of different forms of housing to achieve a low overall density of use. It is not intended however that the full range of housing will be permitted in every individual neighbourhood or development and Town Council may choose to restrict the range of uses permitted in a particular location through the Zoning By-law. Low Density Residential areas are identified on Schedule T-2. DENSITY The maximum net residential density for an individual development in the Low Density Residential area is 30 units per hectare (12 units per acre) and no building shall exceed three stories in height at street elevation. Within areas of new Low Density Residential development, the minimum overall net residential density shall be 15 units per hectare (6 units per acre) throughout the Town. Individual development proposals may be approved at lower net residential densities provided that opportunities are available to achieve the minimum overall density requirement through development elsewhere in the Low Density Residential areas. 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 areas of new Low Density Residential development. CRITERIA FOR MULTIPLE UNITS Multiple unit dwellings such as townhouse and cluster development in Low Density Residential areas will generally be restricted to the following areas: Page 79 of 194 County of Oxford Official Plan Chapter 8 Town of Tillsonburg Land Use Policies Page 8.2-15 8.2 Housing Development and Residential 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;  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. Notwithstanding the above criteria, Sstreet-oriented multiples such as street townhouses, quadraplexes and converted dwellings may be permitted on local streets. 8.2.4.1 Infill Housing For the purposes of this Plan, infill housing is defined as the placement of new residential development into established built-up areas on vacant or underutilized sites. In order to efficiently utilize the designated residential land and municipal servicing infrastructure, infill housing will be supported in Low Density Residential areas. The County Land Division Committee and Town Council will be guided by the following policies when considering proposals for infill development in Low Density Residential areas. EVALUATION CRITERIA 8.2.4.1.1 Street Oriented Infill The introduction of new residential housing into an established streetscape pattern will only be permitted if the proposal is deemed to be consistent with the characteristics of existing development on both sides of the same street. In order that street oriented infill projects are sensitive to the continuity of the existing residential streetscape, the Town Council and the County Land Division Committee will ensure that:  the proposal is consistent compatible with street frontage, setbacks and spacing of existing development within a two-block area on the same street;  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 and  the proposal complies with Section 8.2.4.1.4. Page 80 of 194 County of Oxford Official Plan Chapter 8 Town of Tillsonburg Land Use Policies Page 8.2-16 8.2 Housing Development and Residential Areas 8.2.4.1.2 Backyard Infill In Low Density Residential areas, backyard infill development may involve the construction of a residential structure behind a building facing a street, the conversion of a secondary structure for residential purposes, new residential development on lots with minimal street frontage (e.g. flag shaped lots), on small vacant remnant parcels of land which cannot be integrated into a plan of subdivision, or on under- utilized or obsolete industrial, commercial or institutional sites. Backyard infill may involve the development of existing lots orof record, the creation of new lots by consent. Additional residential units and or the development of a garden suite or granny flat. Ggarden suites and granny flats may also be permitted as backyardto the rear of an existing dwelling on a lot in accordance with the policies of Section 8.2.4.3 and infill development subject to the criteria of this Section and the policies of Section 10.3.9 respectively. EVALUATION CRITERIA When considering such proposals, the County Land Division Committee and Town Council will be guided by Section 8.2.4.1.4 and 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 Residential areas. Page 81 of 194 County of Oxford Official Plan Chapter 8 Town of Tillsonburg Land Use Policies Page 8.2-17 8.2 Housing Development and Residential Areas 8.2.4.1.3 Infill Subdivisions In addition to the policies of Sections 8.2.4.1.4 and 10.3.3, where infill development is proposed on vacant or underutilized sites within established residential areas by plan of subdivision, Town Council and County Council will ensure that:  the nature of the proposed residential development will be evaluated having regard to the type of housing found in the surrounding residential neighbourhood;  any new residential lots with direct exposure to an established residential street will be consistent with the size of lots within a two block area on the same street and new residential development will maintain setbacks and spacing between dwellings consistent with the established built pattern;  measures will be incorporated into the subdivision design to buffer and screen existing residential uses from the new development;  proposed multiple unit developments will comply with the multiple unit requirements for Low Density Residential areas. 8.2.4.1.4 All Infill Proposals In addition to the infill criteria listed in this Section, the following criteria will apply to all infill proposals:  the location of vehicular access points, the likely impact of traffic generated by the proposal on Town streets and potential traffic impacts on pedestrian and vehicular safety and surrounding properties is acceptable;  existing municipal services and public facilities will be adequate to accommodate the proposed infill project;  stormwater run-off from the proposal will be adequately controlled and will not negatively affect adjacent properties;  adequate off-street parking and outdoor amenity areas will be provided;  the extent to which the proposed development provides for the retention of any desirable vegetation or natural features that contribute to the visual character of the surrounding area; Page 82 of 194 County of Oxford Official Plan Chapter 8 Town of Tillsonburg Land Use Policies Page 8.2-18 8.2 Housing Development and Residential Areas  the effect of the proposed development on environmental resources and the effects of environmental constraints on the proposed development will be addressed and mitigated in accordance with Section 3.2.;  consideration of the potential effect of the development on natural and heritage resources and their settings;  compliance of the proposed development with the provisions of the Zoning By-Law of the Town and other municipal by-laws. SITE PLAN CONTROL Street-oriented infill and Backyard infill proposals may be subject to site plan control. EXISTING NON-RESIDENTIAL USES 8.2.4.2 Redevelopment or Conversion of Non-Residential Buildings Existing non-residential uses in Low Density Residential Areas which do not meet the criteria of this Plan will be considered legal non- conforming uses in accordance with Section 10.3.5. EVALUATION CRITERIA Conversions of non-residential buildings to residential use will be subject to the following policies: LOW DENSITY POLICIES Redevelopment including any new buildings or additions will be in keeping with the height, density and use policies of the Low Density Residential area. USES The range of residential unit types permitted in a particular location by the policies pertaining to Low Density Residential area may be expanded, without amendment to this Plan, by Town Council, where a non-residential building is being converted to residential use through an amendment to the Zoning By-law. BULK, SCALE OF DEVELOPMENT Any enlargements or extensions to existing buildings will respect the height, bulk, scale and setbacks of adjacent residential uses and shall not adversely impact adjacent residential uses in terms of light, views, privacy or traffic. BROWNFIELDS Redevelopment proposals within a designated Community Improvement Project Area as identified on schedule T-5 will satisfy the requirements of Section 10.4, as appropriate. Page 83 of 194 County of Oxford Official Plan Chapter 8 Town of Tillsonburg Land Use Policies Page 8.2-19 8.2 Housing Development and Residential Areas LANDSCAPING Landscaping, privacy screening or other appropriate measures will be incorporated into the development to provide an adequate buffer to minimize impacts and to maintain the low density character of the surrounding residential area. TRAFFIC Vehicular traffic generated from the redevelopment will create minimal impact on local streets. MUNICIPAL SERVICES Existing municipal services and community facilities will be adequate to accommodate the development and its residents. PARKING Adequate off-street parking and outdoor amenity areas will be provided. HERITAGE Conversions which result in the preservation and/or upgrading of buildings considered by Town Council to be of architectural or historical significance may be permitted to exceed the density limitations of Low Density Residential areas subject to the policies of Section 10.3.10. ENVIRONMENT The effect of the proposed development on environmental resources and the effects of any environmental constraints on the proposed development will be addressed and mitigated in accordance with Section 3.2. Page 84 of 194 County of Oxford Official Plan Chapter 8 Town of Tillsonburg Land Use Policies Page 8.2-20 8.2 Housing Development and Residential Areas DEFINITION ADDITIONAL RESIDENTIAL UNITS 8.2.4.3 Additional Residential Units and Converted Dwellings Additional Residential Unit (ARU) means a separate, self-contained dwelling unit located within a single detached, semi-detached dwelling or street townhouse dwelling, or within a detached building ancillary to such dwelling, and which is located on the same lot as, and is clearly subordinate to the principal dwelling. The development of additional residential units wWithin the Low Density Residential Districts, shall be encouraged, where appropriate, with the goal/objective of increasing the range and availability of affordable housing options while maintaining the low density residential character of the housing and neighbourhoods comprising such districts. The general intent is to allow for the establishment of such units in existing and newly developing residential areas, subject to complying with applicable zone provisions and development standards, where the City has deemed it to be appropriate based on such considerations as the location, nature and character of existing development, existing level of services and presence of natural hazards and/or other constraints. To this end, Town Council shall establish appropriate may zones areas and zoning provisions to permit the establishment of an additional residential unit in a single detached, semi-detached orand townhouse dwellings and/or a structure ancillary to such a dwellingsto be converted into two residential units where they are satisfied that the following criteria can be addressed:.  a maximum of two additional residential units are permitted on a lot, consisting of one in the principal dwelling and/or one in a structure ancillary to the principal dwelling;  an additional residential unit shall not generally be permitted on a lot that contains a boarding/lodging house, garden suite, converted dwelling unit, group home, mobile home/park model trailer, bed and breakfast establishment, or other similar use;  the additional residential unit(s) shall be clearly secondary and subordinate to the principal dwelling and limited in size to maintain affordability and minimize potential impacts on neighbourhood character and on infrastructure and public service facilities;  the gross floor area of the additional residential unit(s) shall not total greater than 50% of the gross floor area of the principal dwelling. The Town may establish lower maximum floor area limits and/or floor area caps in zoning, if deemed appropriate;  existing dwellings and lots are of sufficient size to accommodate the creation of additional residential unit(s) and to provide for adequate Formatted: Font: 7 pt Formatted: Font: Italic Formatted: Justified Formatted: Justified Formatted: Justified Page 85 of 194 County of Oxford Official Plan Chapter 8 Town of Tillsonburg Land Use Policies Page 8.2-21 8.2 Housing Development and Residential Areas ADDITIONAL RESIDENTIAL UNITS IN AN ANCILLARY BUILDING parking, landscaping and outdoor amenity areas, without detracting from the visual character of the lot or area;  any new/expanded structures and/or exterior alterations (e.g. new parking areas, doors, windows, stairways, decks) to accommodate an additional residential unit will maintain the general built form and architectural character of the principal dwelling and the surrounding residential neighbourhood;  the principal dwelling must have direct, individual vehicular access to a public street. New additional driveways will not generally be permitted;  there is adequate access from the front lot line or parking area to each additional residential unit for both occupant use and emergency response purposes;  to the extent feasible, existing trees and other desirable vegetation are preserved to help maintain the character of the lot and area;  the existing infrastructure and public service facilities serving the area are adequate to accommodate the establishment of additional residential units;  stormwater run-off will be adequately controlled and will not negatively affect adjacent properties;  any potential increase in on-street parking demand can be adequately accommodated and/or managed;  land use compatibility concerns (e.g. due to proximity to industrial areas or major facilities) will not be created or intensified; and  the potential effects on environmental and/or heritage resources and the avoidance or mitigation of environmental constraints can be addressed in accordance with the policies of Section 3.2.  all other municipal requirements (e.g. servicing, emergency access, by-laws, standards etc.) can be adequately addressed The following additional criteria shall apply to the establishment of an additional residential unit in a structure ancillary to a single detached, semi-detached or row townhouse dwelling:  the ancillary structure must be located in a rear or interior side yard;  the siting, design and orientation of the ancillary structure/dwelling unit, parking area and outdoor amenity area(s) will allow for optimal privacy for the occupants of the additional residential unit, principal dwelling and abutting residential properties and minimize potential visual and shadowing impacts on adjacent residential yards;  landscaping, privacy screening, fencing, and other appropriate measures may also be required to minimize potential visual and privacy impacts on abutting residential properties; and Page 86 of 194 County of Oxford Official Plan Chapter 8 Town of Tillsonburg Land Use Policies Page 8.2-22 8.2 Housing Development and Residential Areas SEVERANCE ZONING SITE PLAN CONTROL OTHER TOOLS AND MEASURES all other municipal requirements (e.g. servicing, emergency access, by- laws, standards etc.) can be adequately addressed. Additional residential units must be located on the same lot as the principal dwelling and may not be severed from such lot, or converted into a separately transferable unit through plan of condominium. The Town’s Zoning By-Law shall establish the specific zoning provisions that must be met for an additional residential unit to be established on a lot. These zoning provisions will address the policy requirements of this subsection and any other matters deemed necessary by the Town including, but not limited to: lot frontage and area; type of unit permitted; unit size and location; building height, location and setbacks; landscaping and amenity areas; parking and access etc. To assist in maintaining the built form character of the principal dwelling and surrounding residential area and minimizing potential impacts on abutting residential properties, the Zoning By-Law may also limit the location and extent of structural additions, alterations and/or features (e.g. building additions, doorways, windows, stairways, decks etc.) that are permitted. The zoning provisions for additional residential units will be implemented through a comprehensive, City initiated amendment to the Zoning By-law, or through the proposed zoning for new residential subdivisions. Site specific amendments to the Zoning By-law to permit the establishment of an additional residential unit(s) will not generally be permitted. The establishment of an additional residential unit in a structure ancillary to a single detached, semi-detached or townhouse dwelling may be subject to site plan control. Where deemed necessary and/or appropriate, the Town may implement other supplementary tools and measures to assist with tracking and regulating additional residential units including, but not limited to, registration and/or licensing requirements, design guidelines, property standards by-laws, etc. Within Low Density Residential areas, Town Council may zone areas to permit detached, semi detached and townhouse dwellings to be converted into two residential units. Page 87 of 194 County of Oxford Official Plan Chapter 8 Town of Tillsonburg Land Use Policies Page 8.2-23 8.2 Housing Development and Residential Areas CRITERIA FOR MORE THAN TWO UNITSCONVERTED DWELLINGS In addition Town Council may zone areas within the Town to permit the conversion of a principal dwellings for more than twoup to four dwelling units per building. Areas may be zoned to permit converted dwellings with up to four units on the basisin accordance with of the following criteria:  the area is characterized by a mixture of residential dwelling types including detached, semi detached, townhouse and existing converted dwellings;  lot sizes are generally sufficient to accommodate the required off- street parking without detracting from the visual character of the area;  existing dwelling units satisfy the dwelling size requirements specified in the Zoning By-law to accommodate the creation of additional dwelling units. NO FURTHER CONVERSION ZONING Where an additional residential unit has been established within a principal dwelling, the conversion of the said dwelling to include additional units will generally not be permitted. The Zoning By-law may limit the number of units that may be contained in a converted dwelling and specify minimum lot or dwelling size requirements for conversion. To maintain the external character of the dwelling the Zoning By-law may also limit the extent of structural additions or changes that would be permitted. SITE PLAN CONTROL Any Such converted dwellings with up to four units may be subject to site plan control. SITE DESIGN POLICIES When considering a specific proposal for multiple unit development in the Low Density Residential area, Town Council will be satisfied that the policies of Section 8.2.7 are adequately addressed. 8.2.4.4 Specific Development Policies In specified areas, the nature, scale, location and design criteria may be varied to meet specific policy objectives or to accommodate the unique characteristics of the area. Low Density Residential areas where specific policies apply, in addition to the relevant policies of this section, are identified as follows: Formatted: Centered Formatted: Justified Page 88 of 194 County of Oxford Official Plan Chapter 8 Town of Tillsonburg Land Use Policies Page 8.2-24 8.2 Housing Development and Residential Areas 8.2.4.4.1 Lands Adjacent to the Easterly Boundary of Tillsonburg Lands designated Low Density Residential adjacent to the easterly boundary of the Town of Tillsonburg at the end of Bond, Baker and Lindsay Streets as shown on Schedule T-2 are subject to development constraints due to the presence of a fertilizer plant abutting the property to the north. In reviewing development proposals for this property or establishing zoning standards, Town Council shall ensure appropriate measures are undertaken to provide adequate buffering and landscaping for development within 150 metres (500 feet) of the plant. 8.2.5 Medium Density Residential Areas DESCRIPTION Medium Density Residential areas are those lands that are primarily developed or planned for low to medium profile multiple unit development that exceeds densities established for Low Density areas. Residential uses within Medium Density Residential areas include townhouses, medium density cluster development, converted dwellings and low-rise apartments. In these areas it is intended that there will be a mixing and integration of different forms of housing to achieve an overall medium density. To help achieve a variety of forms of housing, Town Council may choose to restrict the range of uses permitted on individual sites through the Zoning By-law. Medium Density Residential areas are identified on Schedule T-2. DENSITY The maximum net residential density in the Medium Density Residential area is 62 units per hectare (25 units per acre) and no building shall exceed four stories in height at street elevation. Within areas of new Medium Density Residential development, the minimum net residential density shall be 31 units per hectare (13 units per acre). DENSITY BONUS Town Council, in accordance with the density bonus policies of Chapter 10 may allow an increase in the height or density of development from the limit otherwise permitted by the Zoning By-law in return for the provision of certain facilities or design features. LOCATION CRITERIA FOR FURTHER DESIGNATION In addition to areas predominantly composed of existing or planned Medium Density Residential development as identified on Schedule T- 2, any further designations will be consistent with the following location criteria: Page 89 of 194 County of Oxford Official Plan Chapter 8 Town of Tillsonburg Land Use Policies Page 8.2-25 8.2 Housing Development and Residential Areas  sites which abut arterial or collector roads or which are situated such that movements from the site do not flow through any adjoining Low Density Residential area;  sites which are close to shopping, recreation, cultural and community facilities;  sites which are adjacent to commercial areas, Community Facilities or High or Medium Density Residential areas. SITE SPECIFIC EVALUATION CRITERIA Any lands proposed for Medium Density Residential development not identified on Schedule T-2 will require an amendment to the Official Plan. In addition to the location policies identified, when considering proposals to designate lands for Medium Density Residential development, Town Council and County Council will be guided by the following site specific criteria:  the size, configuration and topography of the site is such that there is sufficient flexibility in site design to mitigate adverse effects on the amenities and character of any adjacent Low Density Residential area through adequate buffering and screening;  the location of vehicular access points and the likely effects of traffic generated by the proposal on Town streets has been assessed and is acceptable;  adequate hard service capacity including water distribution, sanitary and storm sewers, power and gas distribution facilities is or will be available to accommodate the proposed development;  off-street parking and outdoor amenity areas can be provided;  the effect of the proposed development on environmental resources or the effect of environmental constraints on the proposed development will be addresses and mitigated as outlined in Section 3.2. EXISTING LOW DENSITY RESIDENTIAL USES Existing Low Density Residential uses in a Medium Density Residential area may be recognized as permitted uses in the Zoning By-law. Notwithstanding any such recognition, within Medium Density Residential areas characterized by existing low density residential land uses, the creation of new lots may be restricted to avoid increased land fragmentation and to facilitate land assembly for redevelopment in accordance with this designation. Page 90 of 194 County of Oxford Official Plan Chapter 8 Town of Tillsonburg Land Use Policies Page 8.2-26 8.2 Housing Development and Residential Areas CONVERTED DWELLINGS Converted dwellings will be permitted to be established or to intensify in accordance with the density criteria of the Medium Density Residential areas and in keeping with the provisions of the Zoning By- law. CRITERIA FOR REDEVELOPMENT 8.2.5.1 Redevelopment and Conversion of Non-Residential Buildings Existing non-residential uses in Medium Density Residential areas which do not meet the criteria of this Plan for such uses will be considered legal non-conforming uses in accordance with Section 10.3.5. Such uses are intended for redevelopment and reuse for medium density residential purposes consistent with the following policies: LAND USE COMPATIBILITY Any new buildings or additions will respect the height, bulk, scale and setbacks of adjacent residential uses and shall not adversely impact adjacent residential uses in terms of light, views, privacy or traffic. Redevelopment will be in keeping with the height, density and use policies of the Medium Density Residential areas. HISTORICAL BUILDINGS Conversions which result in the preservation and/or upgrading of buildings considered by Town Council to be of architectural or historical significance may be permitted to exceed the density limitations of Medium Density Residential areas in accordance with the density bonus policies of Section 10, Implementation Measures. BROWNFIELDS Redevelopment proposals within a designated Community Improvement Project Area as identified on schedule T-5 will satisfy the requirements of Section 10.4, as appropriate. ENVIRONMENTAL POLICIES The effects of the proposed development on environmental resources and the effects of any environmental constraints on the proposed development will be addressed and mitigated in accordance with Section 3.2. SITE PLAN CONTROL All proposals for Medium Density Residential development or redevelopment, including conversions, shall be subject to site plan control. SITE DESIGN POLICIES When considering a specific proposal for Medium Density Residential development, Town Council will be satisfied that the policies of Section 8.2.7 are adequately addressed. Page 91 of 194 County of Oxford Official Plan Chapter 8 Town of Tillsonburg Land Use Policies Page 8.2-27 8.2 Housing Development and Residential Areas REMOVAL OF DESIGNATION Prior to considering any proposal to redesignate any Medium Density Residential areas identified on Schedule T-2 for any other purpose, Town Council and County Council will be assured that the Town has adequate Medium Density Residential land supplies relative to expected growth. In general, proposals to redesignate lands identified for Medium Density Residential for Low Density Residential purposes will be discouraged. 8.2.5.2 Specific Development Policies In specified Medium Density Residential areas of the Town, the nature, scale, location and design criteria may be varied to meet specific policy objectives or to accommodate the unique characteristics of the area. Medium Density Residential areas where specific policies apply, in addition to the relevant policies of this section, are identified as follows: 8.2.5.2.1 North of First Street Between Queen Street and King Street to the Railway Notwithstanding any policies of this Section to the contrary, the area designated as Medium Density Residential on Schedule T-2 will be restricted to a maximum of two (2) storeys in height. Residential uses will be sufficiently setback from the railway line adjacent to the designations and from industrial uses to the north of Fourth Street in order to provide a safe and acoustically acceptable living environment for residents. Development will be consistent with the policies of Sections 3.2.8.3 and 3.2.8.4. Lands immediately adjacent to the railway line and commercial areas shall be reserved for outdoor amenity areas and parking accessory to townhouse or apartment type dwellings. The Zoning By-Law will establish limits to height, density and building setbacks to achieve these objectives. ACCESS Access to Medium Density Residential uses will be provided by local streets with direct access to either Concession Street or Tillson Avenue. For apartments and townhouse dwellings, driveways and parking areas shall be required to be designed to provide for manoeuvrability of emergency vehicles between residential development and adjacent commercial development, as well as for pedestrian circulation and direct pedestrian access to adjacent commercial uses. Page 92 of 194 County of Oxford Official Plan Chapter 8 Town of Tillsonburg Land Use Policies Page 8.2-28 8.2 Housing Development and Residential Areas SITE PLANNING Within the Medium Density Residential areas, site plan control will be used to address the positioning of buildings and parking and landscaped areas to ensure a high quality residential development is achieved and that new development is compatible with existing residential development. Site plan control will also be used to ensure compatibility with adjacent commercial uses, as well as with light industrial uses north of Fourth Street. Specifically, and as a minimum, the following criteria will be required to be satisfied through site design prior to the approval of site plans:  site plans will provide for pedestrian access, where appropriate, to adjacent commercial uses and to local streets. Site plans will also provide for the integration of driveways and/or parking areas such that emergency vehicles can manoeuvre between adjacent residential and commercial sites;  residential buildings will be oriented such that the majority of the living spaces are directed away from the adjacent railway lines, adjacent commercial uses and nearby industrial uses;  residential lands adjacent to railway lines and commercial areas shall be reserved for amenity areas and parking. Where amenity areas are proposed adjacent to a railway line, on-site safety measures such as berming and fencing will be required. Lands adjacent to a railway line will also require substantial landscaping;  residential uses will be buffered from adjacent commercial uses through the requirements for setbacks, landscaped strips, screening and other measures;  substantial landscaping will be required adjacent to local roads and the interface between residential and commercial land uses and between low density and medium density development. Landscaping will also be integrated within parking areas. AMENDMENT NO. 80 8.2.5.2.2 Block 21, Registered Plan 41M-169 Notwithstanding the minimum net residential density requirements of the Medium Density designation, a 0.35 ha (0.86 ha) parcel, being Block 21, Plan 41M-169 in the Town of Tillsonburg, may be developed for a minimum of 5 residential dwelling units, due to the development constraints imposed by the slope hazards and existing easement effecting the parcel. Page 93 of 194 County of Oxford Official Plan Chapter 8 Town of Tillsonburg Land Use Policies Page 8.2-29 8.2 Housing Development and Residential Areas DESCRIPTION 8.2.6 High Density Residential Areas High Density Residential areas are those lands primarily developed or planned for a limited range of intensive large-scale, multiple unit forms of residential development as shown on Schedule T-2. This designation shall be applied in a localized and site-specific manner in locations where high density high-rise development can:  result in the preservation of features of the natural environment which may otherwise be compromised with more dispersed low rise development, or  result in the efficient use of land which may be difficult to develop at a lower residential density due to the presence of environmental constraints and the costs of mitigating such constraints, or  constitute community landmarks or reference points, or  support the viability and functionality of the Central Area. HEIGHT AND DENSITY The height and density limitations applicable to the various forms of development allowed in the High Density Residential area shall be determined on the basis of the nature, character and scale of adjacent land uses. Height and density limitations will be specified in the Zoning By-law and may vary from location to location. Unless there are specific site or area characteristics which favour higher limits, net residential densities will normally not exceed 111 units per hectare (45 units per acre). Under no circumstance will development within a High Density Residential area be less than 63 units per hectare (26 units per acre) net residential density without amendment to this Plan. Lower height and/or density limits than permitted by this Plan may be warranted for specific areas on the basis of the following criteria:  sanitary sewage, water or storm drainage constraints;  the limitations related to municipal fire protection;  development constraints related to topographic features;  protection of significant or scenic views or vistas;  to minimize the effect of development and required parking on significant natural features; Page 94 of 194 County of Oxford Official Plan Chapter 8 Town of Tillsonburg Land Use Policies Page 8.2-30 8.2 Housing Development and Residential Areas  where adjacent low profile residential land uses may be adversely affected in terms of sunlight, traffic or privacy. DENSITY BONUS Town Council, in accordance with the density bonus policies of Chapter10 may allow an increase in the height or density of development from the limit otherwise permitted by the Zoning By-law in return for the provision of certain facilities or design features. LOCATION CRITERIA FOR FURTHER DESIGNATION In addition to areas predominantly composed of existing or planned High Density Residential development as identified on Schedule T-2, any further designations will be consistent with the following location criteria:  sites which abut arterial or collector roads will have direct access to the arterial or collector road;  on vacant or under-utilized sites adjacent to development which is already built at medium or high densities;  close to shopping, recreation, cultural and community facilities;  within or near the periphery of the Central Area in accordance with the policies of Section 8.3.4. High Density Residential development will generally be discouraged adjacent to Low Density Residential development except where such low density development is proposed for redevelopment to higher density land uses or where considerable separation between the low density area and the proposed high density development exists. SITE SPECIFIC EVAULATION CRITERIA Any lands proposed for High Density Residential development not identified on Schedule T-2 will require an amendment to the Official Plan. In addition to the location policies identified, when considering proposals to designate lands for High Density Residential development, Town and County Councils will be guided by the following site specific criteria:  the size, configuration and topography of the site is such that there is sufficient flexibility for site design to mitigate adverse effects on the amenities and character of any adjacent residential development through adequate setbacks, buffering and screening;  the development results in a gradual transition from low profile residential buildings to higher profile residential buildings and vice versa; Page 95 of 194 County of Oxford Official Plan Chapter 8 Town of Tillsonburg Land Use Policies Page 8.2-31 8.2 Housing Development and Residential Areas  the location of vehicular access points and the likely effects of traffic generated by the proposal on public streets have been assessed and are acceptable;  adequate hard service capacity including water distribution, sanitary and storm sewers, power and gas distribution facilities is or will be available to accommodate the proposed development;  adequate off-street parking and outdoor amenity areas can be provided;  the effect of the proposed development on environmental resources or the effect of environmental constraints on the proposed development will be addressed and mitigated as outlined in Section 3.2. EXISTING RESIDENTIAL USES Existing low and medium density residential uses in a High Density Residential area may be recognized as permitted uses in the Zoning By-law. Notwithstanding any such recognition, within High Density Residential areas characterized by existing low and/or medium density residential land uses, the creation of new lots may be restricted to avoid increased land fragmentation and to facilitate land assembly for redevelopment in accordance with this designation. CONVERTED DWELLINGS Converted dwellings will be permitted to be established or to intensify in accordance with the density criteria of the High Density Residential area and in keeping with the provisions of the Zoning By-law. CRITERIA FOR REDEVELOPMENT 8.2.6.1 Redevelopment and Conversion of Non-Residential Buildings Existing non-residential uses in High Density Residential areas which do not meet the criteria of this Plan for such uses will be considered legal non-conforming uses in accordance with Section 10.3.5. Such uses are intended for redevelopment and re-use for High Density Residential purposes consistent with the following policies: LAND USE COMPATIBILITY Any new buildings or additions will respect the height, bulk, scale and setbacks of adjacent residential uses and shall not adversely effect adjacent residential uses in terms of light, views, privacy or traffic. Redevelopment will be in keeping with the height, density and land use policies of the High Density Residential areas. Page 96 of 194 County of Oxford Official Plan Chapter 8 Town of Tillsonburg Land Use Policies Page 8.2-32 8.2 Housing Development and Residential Areas HISTORICAL BUILDINGS Conversions which result in the preservation and/or upgrading of buildings considered by Town Council to be of architectural or historical significance may be permitted to exceed the density limitations of High Density Residential areas in accordance with the bonus zoning provisions of Chapter 10. BROWNFIELDS Redevelopment proposals within a designated Community Improvement Project Area as identified on schedule T-5 will satisfy the requirements of Section 10.4, as appropriate. ENVIRONMENTAL POLICIES The effects of the proposed development on environmental resources and the effects of any environmental constraints will be addressed and mitigated in accordance with Section 3.2. SITE PLAN CONTROL All proposals for High Density Residential development and redevelopment, including conversions, shall be subject to site plan control. SITE DESIGN POLICIES When considering a specific proposal for High Density Residential development, Town Council will be satisfied that the policies of Section 8.2.7 are adequately addressed. REMOVAL OF DESIGNATION Prior to considering any proposal to redesignate any High Density Residential areas identified on Schedule T-2 for any other purposes, Town Council and County Council will be assured that the Town has adequate High Density Residential land supplies relative to expected growth. In general, proposals to redesignate lands identified for High Density Residential for a residential use of a lower intensity will be discouraged. 8.2.6.2 Specific Development Policies In specified High Density Residential areas of the Town, the nature, scale, location and design criteria may be varied to meet specific policy objectives or to accommodate the unique characteristics of the area. High Density Residential areas where specific policies apply, in addition to the policies of this section, are identified as follows: Page 97 of 194 County of Oxford Official Plan Chapter 8 Town of Tillsonburg Land Use Policies Page 8.2-33 8.2 Housing Development and Residential Areas 8.2.6.2.1 Bridge Street From Tillson Avenue to Lisgar Avenue In order to take advantage of the wide range of social and commercial services available in the Central Area and to promote the re-use and/or redevelopment of the large existing residential structures, redevelopment in the High Density Residential designations fronting onto Bridge Street, as identified on Schedule T-2, will be permitted to a maximum net residential density of 150 units per hectare (61 units per acre). PURPOSE 8.2.7 Site Design Policies for Multiple Unit Residential Development In order to ensure that multiple unit residential development provides a high quality of life for residents, that consistent design standards are applied to proposals for multiple unit residential development and redevelopment and that a vision is articulated of those elements which, when applied in conjunction with one another, result in positive development, the following objectives and design criteria will be considered for all multiple unit development in every designation and be applied where feasible. VARIATIONS IN BUILDING AND ROOF LINE 8.2.7.1 Buildings New multiple unit buildings, especially townhouse dwellings, should avoid long linear orientations, where feasible, by staggering sections of the building and by providing periodic breaks in the building line at appropriate intervals. Periodic variations in roof line for individual units will also be encouraged for townhouse dwellings. PRIVACY/ SHADOWING Multiple unit dwellings and amenity areas will be sufficiently separated from each other and from parking areas to ensure privacy and to avoid prolonged periods of shadowing especially during winter months. Where a multiple unit residential dwelling abuts lower density residential development, where feasible, the building will be sited to minimize visual intrusion onto neighbouring properties. ENERGY EFFICIENCY Multiple unit residential dwellings will be generally situated such that a majority of dwelling units will benefit from passive solar orientation. BARRIER-FREE DESIGN A portion of all townhouse dwellings in each development will provide barrier-free access to persons with mobility limitations. All apartment buildings will have at least one entranceway which provides barrier-free access. Page 98 of 194 County of Oxford Official Plan Chapter 8 Town of Tillsonburg Land Use Policies Page 8.2-34 8.2 Housing Development and Residential Areas TOPOGRAPHIC CONSIDERATIONS Where a site is characterized by topographic variations, the development will be designed as much as possible to fit the contour of the land. In order to provide development which is at a human scale, higher profile buildings within the development will generally be situated at lower elevations. NUMBER AND LOCATION OF PARKING AREAS 8.2.7.2 Driveways and Parking Areas Communal parking areas will generally be developed with a number of small parking lots oriented toward individual residential complexes within a development. Parking lots should generally be not more than 45 metres (150 feet) from the units they are intended to serve. Where significant numbers of communal parking spaces are situated beyond this distance, drop-off facilities close to building entrances should be provided. Individual parking areas located in front of dwelling units will provide adequate space for vehicles and snow storage. ACCESS/ INTEGRATION Where possible, more than one access will be provided to a multiple unit residential development and all parking areas will be accessible from each access point for emergency vehicles. Where multiple unit residential developments abut one another, the integration of driveways and/or parking areas to allow emergency or maintenance vehicles to manoeuvre between sites will be considered as part of the design. PARTIAL SCREENING OF PARKING AREAS Partial screening of surface parking lots may be provided through the use of low fences, walls, and landscape elements while still recognizing the need for orientation and safety. Surface parking lots may be screened from the public street through a combination of location, berming and landscaping. DRIVEWAY WIDTH Driveways will have sufficient width to allow efficient vehicular use including turning movements for both private and emergency vehicles. SHADING OF PARKING AREAS Landscaping will be promoted within and contiguous to parking areas to improve the visual effect and micro-climate of such areas. TANDEM PARKING Communal tandem parking facilities may be accepted for multiple unit residential developments where more than one space is required for each unit or where storage areas for boats and trailers is necessary, as a means of reducing paved parking areas. VISITOR PARKING Separate and distinct visitor parking areas will be provided. Page 99 of 194 County of Oxford Official Plan Chapter 8 Town of Tillsonburg Land Use Policies Page 8.2-35 8.2 Housing Development and Residential Areas PEDESTRIAN FACILITIES 8.2.7.3 Pedestrian Activity A separate and distinct pedestrian system will be provided to allow for pedestrian movement into, within and out of the development and links with communal open space, play areas, parking lots, adjacent public open space and adjacent pedestrian systems in multiple residential development. SIDEWALK SETBACK Sidewalks will be adequately set back from the public and internal road and driveway network to allow snow ploughing and will be adequately drained. BARRIER-FREE DESIGN The on-site pedestrian system will provide continuous barrier-free movement throughout the site as much as possible by incorporating features such as curb cuts, railings, rest areas and by minimizing slopes. WIDTH OF PEDESTRIAN SYSTEM The on-site pedestrian system should be wide enough to allow two persons to move in a side-by-side fashion. PEDESTRIAN PRIORITY Where the pedestrian system crosses driveways and parking areas, visual priority will be provided to the pedestrian system through the use of crosswalks or the continuation of the walkway material across the driveway or parking area. RETENTION OF VEGETATION 8.2.7.4 Landscaping Existing vegetation on a property undergoing development will be retained and incorporated into site plans as much as is practicable and especially in circumstances where:  the existing vegetation functions as part of a larger vegetated area on abutting properties;  the existing vegetation will contribute to shading, screening and noise attenuation on site or for adjacent properties. PLANT SPECIES SUITABILITY To ensure the suitability of plant species to be incorporated into site design over the long term, a predominance of native plant species suitable for the site's soil, drainage and shade conditions of the site will be specified. Plants which are tolerant to disease, drought conditions and urban pollution will comprise a substantial percentage of plant material installed at any site. Page 100 of 194 County of Oxford Official Plan Chapter 8 Town of Tillsonburg Land Use Policies Page 8.2-36 8.2 Housing Development and Residential Areas SEASONAL VARIETY Ensure that plant materials provide for seasonal variation in form, colour and texture by using a variety of species such as evergreens, trees which retain their fruit or foliage in the winter, and trees with interesting texture, shape and/or colour. LOCATIONAL PRIORITIES A substantial percentage of the landscaped open space required on a property will be planted with a variety of suitable trees, shrubs and ground covers. Particular emphasis will be given:  to soften or screen buildings from a public road;  to screen adjacent buildings;  to screen and shade areas within and contiguous to parking areas;  to provide shelter from wind, snow and other elements in proximity to building entranceways;  to areas adjacent pedestrian systems and play areas to direct pedestrian movement and to provide for user comfort;  to screen unsightly elements such as garbage and recycling enclosures, storage areas and hydro transformers;  to provide for privacy of individual outdoor living areas;  to screen blank walls;  to define the boundaries and edges of communal open space and activity areas;  to highlight driveways and other entranceways into the development. RELATIONSHIP TO UTILITIES AND SERVICES Plant material selection and landscaping design will ensure that plant material will not interfere with hydro, sewage, water, drainage or other services within the development, on adjacent road allowances or adjacent properties. PROVISION OF PLAY SPACE 8.2.7.5 Play/Recreational Opportunities Clustered, grade oriented units or low rise apartments will generally be required to provide adequate designated space for play activity suitable for pre-school children. Large developments, with more than 20 units, will generally provide recreational areas for both pre-school and school aged children. Page 101 of 194 County of Oxford Official Plan Chapter 8 Town of Tillsonburg Land Use Policies Page 8.2-37 8.2 Housing Development and Residential Areas PROVISION OF COMMUNAL OPEN SPACE High rise development will be required to provide passive and active communal open space, such as resting areas, communal gardens and grassed areas, for residents and visitors. PLAY SPACE DESIGN CRITERIA Play space for pre-school children will be situated within the development in a fashion whereby surveillance of the play area is possible from a substantial number of units. The play area will be physically demarcated through grade change, see-through fencing or surface treatment, will be substantially set back from driveways and parking areas, will be landscaped to provide shading and will generally include enhancements such as play equipment and seating amenities. Play space for school aged children will be of sufficient size and will generally provide enhancements for small-scale recreation activities such as playground equipment, may include both hard and soft surfaces, and will be situated to avoid conflicts with residential units and parking areas. The play space will be demarcated through landscaping measures. GARBAGE/ RECYCLING FACILITIES 8.2.7.6 Utilities and Operational Facilities Garbage storage facilities will be provided within the building, within a maintenance building or within a screened enclosure. Such facilities will be conveniently situated for users and will minimize heavy truck movements within the site. Where feasible, communal composting and recycling facilities will be provided. UTILITY METERS Utility metres will be situated in a location acceptable to the Public Utilities Commission which is easily accessible but protected from the public for safety. MAINTENANCE CORRIDORS Where private outdoor amenity areas are proposed adjacent to a lot line, and where such amenity areas may be enclosed, adequate space will be provided adjacent to the amenity area to provide access without movement through the dwelling or adjacent private outdoor amenity areas. Access through a garage will be considered acceptable. DRAINAGE Adequate on-site drainage will be provided. FIRE HYDRANTS Required fire hydrants will be shown on site plans, will be in a location acceptable to the Fire Chief, and landscaping of the site will be designed to maintain fire hydrant visibility. Page 102 of 194 County of Oxford Official Plan Chapter 8 Town of Tillsonburg Land Use Policies Page 8.2-38 8.2 Housing Development and Residential Areas LIGHTING 8.2.7.7 Safety/Comfort Sufficient lighting to Illuminating Engineering Society (I.E.S.) Standards of parking areas, driveways, pedestrian areas and building entranceways will be provided to facilitate vehicular and pedestrian movement, and for safety and security. Undesirable effects of lighting on residential units and on adjacent uses will be minimized through measures such as directed lighting, the use of shades, diffusers and tinted covers. SIGNAGE Adequate signage will be provided within the development to indicate areas of no parking and emergency vehicle routes. Locational signs may be required near entrance driveways to indicate individual buildings in the development and visitor parking areas. Signage, both on standards and on the ground, will be readable both during the day and night through techniques such as size, colour, surface treatment or illumination. TRAFFIC SPEED Driveways and parking areas will be designed and/or will incorporate elements which will establish traffic speeds to maximize pedestrian safety. OUTDOOR LIVING AREAS Where outdoor living areas either at grade or in the form of balconies or terraces are provided, these areas will be of sufficient size and shape to maximize their usefulness. In particular, long narrow outdoor living areas will be discouraged. Grade oriented outdoor living areas should have the boundaries demarcated by fencing and/or landscape elements and these areas should be screened from adjacent units. A hard surface area will generally be provided immediately adjacent to the dwelling unit. Such areas will generally be oriented away from noise sources generated by major roads or nearby land uses and sufficiently set back from parking areas within the development. Where this cannot be accomplished, adequate buffering in the form of fencing, berming and landscaping should be provided to ensure an acceptable comfort level for occupants. ENVIRONMENTAL CONSTRAINTS Where a development is effected by environmental factors such as noise, vibration or other constraint identified in Section 3.2 and mitigation measures are required to ensure the safety and comfort of occupants, such mitigation features will be incorporated into site plans. Page 103 of 194 County of Oxford Official Plan Chapter 8 Town of Tillsonburg Land Use Policies Page 8.2-39 8.2 Housing Development and Residential Areas EMERGENCY ACCESS When required, emergency access routes will be identified on site plans. Where emergency access routes are identified, signage to prohibit parking or stopping will be required and will incorporate features to impede vehicular traffic except in times of emergency. Page 104 of 194 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER XXXX A By-Law to amend Zoning By-Law Number 3295, as amended. WHEREAS the Municipal Council of the Corporation of the Town of Tillsonburg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Section 4.0 to By-law Number 3295, as amended, is hereby further amended by adding the following definition after the definition of ‘ACCESSORY’: “ADDITIONAL RESIDENTIAL UNIT means a self-contained living accommodation for an additional person or persons living together as a separate, single housekeeping unit, in which both food preparation and sanitary facilities are provided for the exclusive use of the occupants of the suite, located within the principal dwelling on the lot or in a detached accessory structure on the lot.” 2. That Section 4.0 to By-law Number 3295, as amended, is hereby further amended by deleting the definition of ‘CONVERTED DWELLING’ and replacing it with the following definition: “CONVERTED DWELLING means a dwelling which has been altered or converted to provide three or more dwelling units.” 3. That Section 5.1 to By-law Number 3295, as amended, is hereby further amended by adding the following subsection at the end thereof: “5.1.4 ADDITIONAL RESIDENTIAL UNITS Notwithstanding any other provisions of this By-law to the contrary, the following provisions contained in Table 5.1.4 shall apply so as to permit the construction of an additional residential unit as an accessory use to a single-detached, semi-detached dwelling, or street-fronting townhouse dwelling where permitted. Page 105 of 194 The Corporation of the Town of Tillsonburg By-law Number XXXX Page 2 TABLE 5.1.4 – REGULATIONS FOR ADDITIONAL RESIDENTIAL UNITS (ARUs) Provision Number of ARUs per lot i) Maximum of 2 ARUs per lot. The principal dwelling must be a legally permitted use on the lot. Where 2 ARUs are located on a lot, 1 ARU is required to be located within the principal dwelling. Permitted dwelling types i) An ARU may be contained within the principal dwelling or in an accessory structure on the lot associated with a single-detached dwelling , semi-detached dwelling, or street-fronting townhouse dwelling. ARU Unit Size i) No greater than 40% of the gross floor area of the principal dwelling on the lot, to a maximum of 112 m2. Parking (per unit) i) In addition to the parking requirements for the principal dwelling in accordance with the provisions of Section 5.24, the required additional parking spaces for an ARU shall be located on the same lot, in accordance with the following: - a minimum of 1 additional parking space shall be provided; and - the required ARU parking space may be a tandem parking space ii) ii) A minimum of 50% of the front yard of a lot used for ARU purposes shall be provided and maintained as landscaped open space and such space shall not be utilized for parking space or parking aisle purposes. iii) Entrances (per unit) i) Must be separate and distinct from the entrance provided for the principal dwelling. ii) For an ARU that is contained within or attached to the principal dwelling, the separate and distinct entrance may be accessed: a) from the outside of the building; or b) from a common hallway or stairway from inside the building. An additional, separate pedestrian access facing a street shall not be permitted for an ARU. iii) Where the only entrance to an ARU is provided from the rear yard or side yard, the entrance shall be accessed by a continuous, unobstructed walkway of at least 1.2 m between the main wall of the building and the side lot line. iv) Where only one entrance to an ARU is provided, such access shall not be permitted by a deck located above the first storey of the principal dwelling and no stairs, stairwells or retaining walls to facilitate an entrance below grade at any point shall be permitted in a front yard or exterior side yard. ARUs in Detached Accessory Structures i) ARUs within a building or structure accessory to a residential use shall comply with the zone provisions and general provisions of the applicable zone category as the principal residential use on the lot. Page 106 of 194 The Corporation of the Town of Tillsonburg By-law Number XXXX Page 3 ii) An ARU in a building or structure accessory to a residential use shall only be permitted on a lot that has a minimum lot area of 1000 m2. Restricted Areas ARUs and associated parking areas shall not be permitted: i) within areas identified as the Long Point Region Conservation Authority Regulation Limit on Schedule ‘A’ unless approved by the Conservation Authority; ii) on any lot that does not have frontage on an improved street in accordance with Section 5.19 of this By-law; iii) on any lot that is not connected to municipal services in accordance with Section 5.19 of this By-law; or iv) on any lot containing a boarding or lodging house, a group home, a garden suite, a converted dwelling, a duplex dwelling, a mobile home, or a bed and breakfast establishment. 4. That Section 6.1 to By-law Number 3295, as amended, is hereby amended by deleting Table 6.1: Uses Permitted and replacing it with the following : TABLE 6.1: USES PERMITTED  An additional residential unit, in accordance with the provisions of Section 5.1.4 of this By-Law;  a group home, in accordance with the provisions of Section 5.12 of this By- Law;  a home occupation, in accordance with the provisions of Section 5.13 of this By-Law;  a public use in accordance with the provisions of Section 5.27 of this By-Law;  a single detached dwelling 5. That Section 7.1 to By-law Number 3295, as amended, is hereby amended by deleting Table 7.1: Uses Permitted and replacing it with the following: TABLE 7.1: USES PERMITTED  An additional residential unit, in accordance with the provisions of Section 5.1.4 of this By-Law;  a duplex dwelling;  a group home, in accordance with the provisions of Section 5.12 of this By- Law;  a home occupation, in accordance with the provisions of Section 5.13 of this By-Law;  a public use in accordance with the provisions of Section 5.27 of this By-Law; Page 107 of 194 The Corporation of the Town of Tillsonburg By-law Number XXXX Page 4 TABLE 7.1: USES PERMITTED  a semi-detached dwelling;  a single detached dwelling. 6. That Section 8.1 to By-law Number 3295, as amended, is hereby amended by deleting Table 8.1: Uses Permitted and replacing it with the following: TABLE 8.1: USES PERMITTED  An additional residential unit, in accordance with the provisions of Section 5.1.4 of this By-Law;  a converted dwelling, containing not more than 4 dwelling units.  a single detached dwelling, converted dwelling, duplex dwelling or semi- detached dwelling existing on the date of passing of this By-Law, in accordance with the provisions contained in Section 7.2.  a group home, in accordance with the provisions of Section 5.12 of this By-Law;  a home occupation, in accordance with the provisions of Section 5.13 of this By- Law;  a public use in accordance with the provisions of Section 5.27 of this By-Law;  a multiple unit dwelling, containing not more than 4 dwelling units;  a street fronting townhouse dwelling. 7. This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. READ a first and second time this XXth day of XX, 2022. READ a third time and finally passed this XXth day of XX, 2022. Mayor Clerk Page 108 of 194 Page 1 of 4 Subject: Restricted Acts after Nomination Day Report Number: CS 22-15 Department: Corporate Services Department Submitted by: Director of Corporate Services Meeting Type: Council Meeting Meeting Date: Monday, June 27, 2022 RECOMMENDATION That Council receives the Restricted Acts after Nomination Day report as information. BACKGROUND This report is to advise Council of the provisions of Section 275 of the Municipal Act, 2001, c. 25 as amended. This section defines what is commonly referred to as the “Lame Duck” period and restricts actions of Council in an election year. Section 275 of the Municipal Act, 2001, c.25 as amended, sets out the restricted acts that a Council shall not take after Nomination Day (August 19, 2022) and after Voting Day (October 24, 2022) if the Council is in a lame duck position. A municipal council can be in a lame duck situation if it is determined there is the potential or certainty that less than three-quarters (75%) of the existing council members will not be returning to office. The Town of Tillsonburg has a 7-member Council. When we apply the 75% calculation the result is 5.25 which is rounded up to 6 members. Lame duck position can occur twice during the municipal election process: 1. Between August 19, 2022 and October 24, 2022 – if less than 6 of the 7 (75%) existing members are not running for Council, the restrictions set out in the Act will apply. 2. Between October 24, 2022 and November 14, 2022 (last day of current term of Council term) – if less than 6 of the 7 (75%) of the incumbent Councillors are returning to Council, the restrictions set out in the Act will apply. Page 109 of 194 CS 22-15 Page 2 of 4 Restrictions If a Council is in a lame duck position, the Council shall not take any of the following actions: a) The appointment or removal from office any officer of the municipality; b) The hiring or dismissal of any employee of the municipality; c) The disposition of any real or personal property of the municipality which has a value exceeding $50,000* at the time of disposal and d) Making any expenditures or incurring any other liability which exceeds $50,000* (* exceptions to these clauses do not apply if the disposition or liability was included in the most recent budget adopted by the Council before Nomination Day in the election) The Municipal Act does allow for the delegation of this authority and the Town of Tillsonburg has incorporated Lame Duck provisions in the delegation by-law. DISCUSSION Here is the excerpt of the Delegation of Powers and Duties By-Law 2020-091, as amended: 8.3. Restricted Acts after Nomination Day 8.3.1. In the event that Council becomes "lame duck" and restricted by the provisions of Section 275 of the Municipal Act, 2001 in an election year, the following duties shall hereby be delegated to the CAO: 8.3.1.1. the appointment or removal from office of any officer of the municipality, except officers whose appointment is required by the Municipal Act (i.e. Clerk or Treasurer); 8.3.1.2. the hiring or dismissal of any employee of the municipality; 8.3.1.3. the disposition of any real or personal property of the municipality which has a value exceeding $50,000 at the time of disposal, if the disposition was not included in the most recent budget; and 8.3.1.4. making any expenditure or incurring any other liability Page 110 of 194 CS 22-15 Page 3 of 4 which exceeds $50,000, if the liability was not included in the most recent budget. 8.3.2. Section 275 (6) provides that nothing in the Act "prevents any person or body exercising any authority of a municipality that is delegated to the person or body prior to nomination day". CONSULTATION N/A FINANCIAL IMPACT/FUNDING SOURCE N/A CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☒ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation ☐ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal - The Town of Tillsonburg will strive for excellence and accountability in government, providing effective and efficient services, information and opportunities to shape municipal initiatives. Strategic Direction - Develop a communications strategy to increase awareness of Council decisions and municipal programs, projects and services. Priority Project - Not applicable Page 111 of 194 CS 22-15 Page 4 of 4 ATTACHMENTS – none Page 112 of 194 Page 1 of 3 Subject: 2022 Election Accessibility Plan Report Number: CS 22-16 Department: Corporate Services Department Submitted by: Director of Corporate Services Meeting Type: Council Meeting Meeting Date: Monday, June 27, 2022 RECOMMENDATION That the Town of Tillsonburg Election Accessibility plan be received by Council for information. BACKGROUND The Clerk is responsible for conducting the municipal election and establishing policies and procedures to ensure all electors within the municipality can fully participate. The Municipal Elections Act, 1996, as amended states the following: 12.1 (1) A clerk who is responsible for conducting an election shall have regard to the needs of electors and candidates with disabilities. 12.1(2) The clerk shall prepare a plan regarding the identification, removal and prevention of barriers that affect electors and candidates with disabilities and shall make the plan available to the public before voting day in a regular election. 2016,c.15, s.11 12.1(3) Within 90 days after voting day in a regular election, the clerk shall prepare a report about the identification, removal and prevention of barriers that affect electors and candidates with disabilities and shall make the report available to the public. 2016, c.15, s.11 Page 113 of 194 CS 22-16 Page 2 of 3 DISCUSSION The Election Accessibility Plan is intended to highlight the measures municipal staff will implement to ensure all electors and candidates have equal opportunity to participate in the 2022 Municipal Election. The Election Accessibility Plan was discussed at a recent Accessibility Advisory meeting. Following the 2022 municipal election, the post-election report will be posted on the Town of Tillsonburg website and distributed as requested as required in Section 12.1(3) of the Municipal Elections Act, 1996 as amended. CONSULTATION Accessibility Advisory Committee FINANCIAL IMPACT/FUNDING SOURCE N/A CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☒ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☐ Community growth ☒ Connectivity and transportation ☐ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal- The Town of Tillsonburg will strive for excellence and accountability in government, providing effective and efficient services, information, and opportunities to shape municipal initiatives. Strategic Direction- Engage community groups, including advisory committees and service organizations, in shaping municipal initiatives. Page 114 of 194 CS 22-16 Page 3 of 3 Priority Project - Not applicable Goal - Tillsonburg residents and businesses will be connected to each other, regional networks, and the world through effective traditional and digital infrastructure. Strategic Direction - Continue to support and advocate for reliable, affordable and universal access to broadband services. Priority Projec t- Not applicable ATTACHMENTS Appendix A – Election Accessibility Plan Page 115 of 194 2022 Town of Tillsonburg Municipal Election Accessibility Plan Page 1 of 10 2022 Municipal Election Accessibility Plan Page 116 of 194 2022 Town of Tillsonburg Municipal Election Accessibility Plan Page 2 of 10 Contents 1. INTRODUCTION ...................................................................................................... 3 2. OBJECTIVES ........................................................................................................... 3 3. DEVELOPMENT OF THE PLAN .............................................................................. 4 4. VOTING METHODS ................................................................................................. 4 5. VOTING LOCATION(S) ............................................ Error! Bookmark not defined. 6. VOTING ASSISTANCE ............................................................................................ 7 7. COMMUNICATION .................................................................................................. 7 8. CANDIDATES .......................................................................................................... 9 9. REPORTING ............................................................................................................ 9 Page 117 of 194 2022 Town of Tillsonburg Municipal Election Accessibility Plan Page 3 of 10 1. INTRODUCTION This plan will address the specific accessibility requirements in relation to the 2022 Municipal Election in the Town of Tillsonburg. The Town of Tillsonburg has made great efforts in promoting a barrier free community. In an effort to ensure that the 2022 Municipal Election is consistent with the core principles of the Accessibility for Ontarians with Disabilities Act, 2005, this planning document was developed in advance of the election in order to identify measures to be taken and reported to Council following the election. 2. OBJECTIVES This plan is intended to highlight measures that the Town of Tillsonburg will be implementing to ensure equal opportunity for all electors and candidates. These objectives include: • That persons with disabilities are able to independently cast their vote and verify their selection. • That persons with disabilities have full and equal access to all information on where and when to vote and on eligible candidates. • That persons with disabilities can fully participate in the Municipal Election as an elector, candidate, or election official. • That efforts are made to ensure that electors with disabilities are aware of the accessibility measures available via channels such as the newspaper, media launches, the Town of Tillsonburg website and social media. Page 118 of 194 2022 Town of Tillsonburg Municipal Election Accessibility Plan Page 4 of 10 3. DEVELOPMENT OF THE PLAN This Plan is a “living” document which will be improved and updated as best practices are identified and new opportunities for improvement arise. In order to develop the plan below, several steps were taken in order to ensure that the statutory requirements were met and a feasible implementation plan was in place. During the development of the 2022 Municipal Election Accessibility Plan, the following steps shall be implemented: • Review and analysis of documents, policies and other supporting materials from AMCTO, neighbouring municipalities, the Ministry of Municipal Affairs and Housing, technology suppliers and other various stakeholder groups. • Establish staff training standards and practices directly related to the Election to ensure that people with disabilities are able to vote in a positive customer service environment, and ensure that all Election Officials recognize that a voter’s needs shall be accommodated. 4. VOTING METHODS The 2022 Town of Tillsonburg Municipal Election will be working with Intelivote Systems Inc. to provide eVoting services to eligible voters. This includes the convenience and independence of voting from anywhere via telephone, internet during the October 13 – 24, 2022 voting period. Everyday tools like computers, telephones and other aids can present accessible opportunities for persons with disabilities to accomplish more, while being consistent with the principles of independence, dignity, integration and equal opportunity. The Intelivote Voting System provides voters with the capability to vote from the comfort of their own home. Voting from home facilitates the voting process for persons with disabilities who may have mobility restrictions, visual impairment, and/or have a difficult time with transportation. Additionally, persons who have assistive devices set up in their homes can now use them to assist with casting a ballot privately and independently. Page 119 of 194 2022 Town of Tillsonburg Municipal Election Accessibility Plan Page 5 of 10 By allowing persons with disabilities to vote from any location and from a selection of methods, there is an increase in the capability for the voter to vote without any assistance. This provides persons with disabilities the same independence and privacy in participating in the election as other voters. If persons with disabilities do require assistance in the voting process, trained Election Officials will be present at in-person Polling Locations offered across the Town of Tillsonburg, throughout the voting period. 4.1 Telephone Voting Eligible voters may vote using a touch-tone telephone, and the toll-free telephone number, date of birth, and the PIN number contained in their Voter Information Letter to access an audio ballot. Communications barriers can make it difficult for people to receive or convey information. Barriers may be identified as low volume, use of language that is not clear or plain, and confusing or unorganized menu options. The Intelivote telephone voting application provides the following: • Service on all types of touch tone phones and wireless devices. • Clear, plain language. • Menu options that are easy to follow, advising when to select options and provision of confirmation of the voter’s selections. • Standard volume is used to allow for adjustment dependent of the telephone or device being utilized. 4.2 Internet Voting Eligible voters may vote online, using a smart phone, tablet device, gaming device or computer and any accompanying assistive devices or software, along with their date of birth and PIN and qualifying information, to access the internet address provided in their Voter Instruction Letter. The Intelivote System has been created to meet the Web Content Accessibility Guidelines (WCAG-2 Level AA), so that persons with disabilities can perceive, understand, navigate and interact with the online voting system. It is compliant with the guidelines of the World Wide Web Consortium website principles, which include organization, functionality and readability of information provided, as well as alternative ways of representing information, such as with audio. 4.3 In-person Voting at Community Support Station(s) Page 120 of 194 2022 Town of Tillsonburg Municipal Election Accessibility Plan Page 6 of 10 For those individuals without means to access voting via telephone or Internet, or who require the assistance of a trained Election Official, several advance community support station(s) and Election Day community support station(s) will be open to provide in-person internet voting opportunities via a laptop, tablet, touch screen monitor. Access to the community support station interior shall be level and slip- resistant. Any doormats or carpeting shall be level with the floor to prevent potential tripping hazards. The support station area shall be well lit and seating shall be available. Entrance corridors shall be clear of obstructions and tripping hazards and will allow sufficient space for use of a wheelchair or scooter. An accessible area will be available at each community support station location. These areas shall be low in height and have a wide area to allow for individuals who use a wheelchair or scooter to vote independently and secretively. Voters may attend any community support station location throughout the voting period. The Town of Tillsonburg will be operating the following location(s) during the Advance Voting Period: October 13, 14 and 17 to 21st - 8:00 a.m. to 5:00 p.m. Customer Service Centre (10 Lisgar) Internet/Telephone October 15 and 22nd - 9:00 a.m. to noon. Customer Service Centre (10 Lisgar) Internet/Telephone The following community support station location(s) will be open on Election Day, Monday October 24, 2022 from 10:00 a.m. to 8:00 p.m. Town Hall, Council Chambers (200 Broadway) Internet/Telephone Customer Service Centre (10 Lisgar) Internet/Telephone Page 121 of 194 2022 Town of Tillsonburg Municipal Election Accessibility Plan Page 7 of 10 4.4 Special Voting Provisions Election staff shall visit sites including long-term care facilities and retirement homes, to set-up on-site voting kiosks, or bedside voting opportunities for residents. 5. ELECTOR ASSISTANCE 6.1 Support Person/Friend of the Voter Pursuant to the Town of Tillsonburg Accessible Customer Service Policy people with disabilities shall be permitted to be accompanied by a support person at any voting location. A designated support person and/or ‘Friend of the Voter’ will be administered an oath of secrecy/confidentiality by an Election Official prior to providing any such assistance. 6.2 Service Animals Pursuant to the Town of Tillsonburg Accessible Customer Service Policy individuals requiring service animals are permitted to be accompanied by a service animal at all voting locations. 6.3 Election Officials At in-person community support locations, upon request, Election Officials are available to assist any voter who requires assistance in casting their online ballot. All individuals working in the capacity of an Election Official are formally appointed as such and administered an oath of secrecy prior to voting day. 6. COMMUNICATION The 2022 Municipal Election Accessibility Plan will be made available at the customer service centre at 10 Lisgar and by way of the Town of Tillsonburg web site www.tillsonburg.ca. Alternative formats will be made available upon request. Information regarding the accessibility measures provided for the 2022 Municipal Election shall be included in general election advertising as well as in the 2022 Municipal Election Nomination Package. Page 122 of 194 2022 Town of Tillsonburg Municipal Election Accessibility Plan Page 8 of 10 7.1 Election Materials The Town of Tillsonburg is required, as per the Accessible Customer Service Standard, to provide a copy of a document to a person with a disability, or the information contained in the document, in a format that takes into account the person's disability. Alternate Formats Alternate formats are other ways of publishing information besides regular print. Some of these formats can be used by everyone while others are designed to address the specific needs of a user. The Town of Tillsonburg and the person with a disability may agree upon the format to be used for the document or information. In the event the information is not generated by the Town of Tillsonburg or is supplied by a third party, the Town of Tillsonburg will make every effort to obtain the information from the third party in an alternate format and/or will attempt to assist the Elector by providing assistive equipment. General Election Materials Large Print – Printed material generated by the Town of Tillsonburg will be provided in an Arial font, minimum 11 point, and can be made available in a font (print) size that is 16 to 20 points or larger. Website – Information generated by the Town of Tillsonburg on the website in relation to the election will be compliant with WCAG 2.0 Level AA, and allow for assistive software to be utilized. In addition, website font can be adjusted within the browser’s functionality to aid the user in reading the information. 7.2 Service Disruptions From time to time and/or for unforeseen circumstances beyond the Town of Tillsonburg control, temporary service disruptions may be experienced. In the event of a temporary accessible service disruption, Election Officials will commit to making reasonable efforts to ensure that services are reinstated as quickly as possible and that alternative services are provided where feasible. In these instances of service disruptions, the Town of Tillsonburg shall provide reasonable notice in the event of a planned or unexpected disruption in the facilities or services usually used by persons with disabilities. Page 123 of 194 2022 Town of Tillsonburg Municipal Election Accessibility Plan Page 9 of 10 Notice of these temporary disruptions shall be provided in a conspicuous place and manner at the respective location(s) and information shall also be posted on the Town of Tillsonburg website. This notice shall include information about the reason for the disruption, its anticipated duration, and a description of alternative facilities or services, if available. Accessible services in relation to this plan include voting places, election materials and/or voting provisions for Electors with disabilities at the voting place. In the event of disruptions to service or unforeseen circumstances that affect the accessibility of voting places during the advance vote or on Election Day, notices of disruption will be posted in real time on the Town of Tillsonburg website. 7. CANDIDATES Candidates must also have regard to the needs of electors with disabilities. Campaign offices, election materials and canvassing should all be reviewed in order to ensure that they are fully accessible. The Accessibility Directorate of Ontario has released several quick reference documents to assist candidates with accessible elections considerations: • Count Us In: Removing Barriers to Political Participation - Quick Reference Guide to Accessible Campaign Information and Communication • Count Us In: Removing Barriers to Political Participation - Quick Reference Guide to Accessible Constituency, Riding Association, Central Party and Campaign Offices • Count Us In: Removing Barriers to Political Participation - Quick Reference Guide to Accessible All Candidates Meetings 8. REPORTING Pursuant to Section 12.1 of the Municipal Elections Act, 1996, within 90 days after voting day, the Town of Tillsonburg Clerk shall submit a report to Council Page 124 of 194 2022 Town of Tillsonburg Municipal Election Accessibility Plan Page 10 of 10 about the identification, removal and prevention of barriers that affect electors and candidates with disabilities. Page 125 of 194 Page 1 of 2 SUBJECT: BIA Amendment to Change Payment Frequency Report Number: FIN 22-16 Department: Finance Department Submitted by: Renato Pullia, Interim Director of Finance/Treasurer Meeting Type: Council Meeting Meeting Date: Monday, June 27, 2022 RECOMMENDATION THAT the amendment to the 2022 Downtown Tillsonburg Business Improvement Area Memorandum of Understanding to change the payment frequency from quarterly to monthly, effective July 1, 2022, be approved. BACKGROUND The Tillsonburg Business Improvement Association (BIA) has requested that the Town consider changing the frequency of the quarterly payments related to the signed 2022 Memorandum of Understanding (MOU). The request is being made to improve the cash flow by receiving more periodic payments. DISCUSSION The 2022 MOU currently allows for the BIA to receive $30,534.36 in four quarterly payments of $7,633.59 each. The BIA has noted that monthly payments would assist with their financial cash flow, and allow them to better meet their financial obligations on a timely basis. To enact such a change, Section 5 of the 2022 MOU requires that both the BIA Board of Management and Town Council must approve all proposed amendments. Appendix A is a redline version of the MOU showing the respective amendment. Page 126 of 194 FIN 22-16, BIA MOU Amendment to Change Payment Frequency Page 2 of 2 FINANCIAL IMPACT Attached as Appendix B is a summary of the annual BIA related financials. The Town provides funding through the MOU, through the Façade Improvement program, and through the levy. From those payments, the Town retains the BIA’s allocation for insurance, cell phone expenses, and the principal and interest repayment on the LED Street Lights debt. The BIA’s annual amount through the MOU of $30,534.36 would be $2,544.53 monthly instead of $7,633.59 quarterly. As the Town’s levy payments are collected in four installments – February, May, August and October – the difference in the impact from quarterly to monthly payments would be minimal to the Town’s own cash flow needs. CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☒ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal - The Town of Tillsonburg will strive for excellence and accountability in government, providing effective and efficient services, information, and opportunities to shape municipal initiatives. Strategic Direction – N/A Priority Projects – N/A ATTACHMENTS 1. Amended 2022 BIA MOU, Redline version 2. 2022 BIA Financial Remittances Page 127 of 194 Page 1 of 7    2022 MEMORANDUM OF UNDERSTANDING BETWEEN DOWNTOWN TILLSONBURG BUSINESS IMPROVEMENT AREA AND THE CORPORATION OF THE TOWN OF TILLSONBURG 1.0 STATEMENT OF INTENT: The Town of Tillsonburg (Town); representing the community at large, and the Downtown Business Improvement Area (BIA); representing the service, industrial, institutional and commercial community in the Downtown Core enter into this Memorandum of Understanding to establish a working partnership/relationship to further enhance that goal. For other services provided including the installation and removal of Christmas lights; banners; and other goods and services - the BIA will effect a separate agreement with the 3rd party. 2.0 GUIDING PRINCIPLES: The following guiding principles will direct the deliberations of the Town and BIA in achieving that goal. 2.1 Assist business entrepreneurs to establish and thrive in the Core on an ongoing basis. 2.2 Provide through the Town’s Economic Growth Strategy a framework for growth, management and development. 2.3 Initiate improvement projects that will enhance the Community profile of the Core. 2.4 Provide financial incentives and technical resource assistance as requested and/or needed. 2.5 Encourage and support the BIA management board and staff in their endeavours. 2.6 Promote and raise the profile of the Core in surrounding communities as the place to visit and shop. 2.7 Develop plans for continuous improvement of all capital assets and beautifications. 2.8 Coordinate annual operating and capital plans between the parties, where feasible and practical. 2.9 Develop communication protocols and procedures to enhance the effectiveness of BIA operations in the Downtown Core. 2.10 Provide for the annual review of by-laws to ensure consistency between Town and BIA strategic objectives. 2.11 BIA and Town to review and agree upon capital projects prior to the Town’s budget approval by Town Council. Page 128 of 194 Page 2 of 7    3.0 MANDATES: BIA: The BIA as set out in the Municipal Act, has been established to promote (a) the Core as the major business and shopping area of the Town and (b) the improvement, beautification and maintenance of municipally-owned land, buildings, and structures in the area beyond that provided (incremental to) the expense of the municipality. TOWN: The Town of Tillsonburg, as set out in the Official Plan, is obligated to maintain, develop and create a strong, healthy and vibrant Downtown Core consistent with the Corporate strategic plan and best practices as demonstrated by similar towns & cities in Canada. 4.0 CONDITIONS PRECEDENT: The parties agree to the following conditions: 4.1 Capital projects of a minor nature as set out above will be the responsibility of the BIA to fund under separate levy subject to a business plan being presented to Council that includes the ongoing operating costs associated therewith. A list of project assets to date is provided in Appendix A. 4.2 Operating costs between the parties will be in accordance with the approved schedule attached as Appendix B. 4.3 Any additional charges or costs other than those contained in this agreement must be agreed to by the parties prior to procurement and/or issuance of a purchase order. 4.4 INSURANCE: The Town of Tillsonburg will allow the BIA to insure the BIA vehicle(s) and offices under a rider in the town’s existing insurance policy with Frank Cowan Company. The town will invoice the BIA for that portion of the insurance cost(s) applicable to the BIA. The BIA agrees to pay for the insurance premium amounts for this coverage. 4.5 Any invoiced charges and/or applied reductions to the quarterly BIA levy payment must be accompanied with proper back-up documentation that may include the scope of work and staff time as per this agreement. 4.6 The payment for services provided by the BIA under this MOU and paid for by the Town are to be billed in four (4) equal installments as follows (for services noted on the attached Appendix B): March 31st, 2022 $7,633.59 June 30th, 2022 $7,633.59 September 30th, 2022 $7,633.59 December 31st, 2022 $7,633.59 4.6.1 Effective July 1, 2022, payment frequency is amended by deleting the last two quarterly payments and replacing them with monthly payments of $2,544.53, paid at the beginning of each month. Formatted: Strikethrough Formatted: List Paragraph, Indent: Left: 1.5", First line: 0" Formatted: List Paragraph, Outline numbered + Level: 3 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 1.5" Formatted: Font: Bold Formatted: Font: Not Bold, Not Superscript/ Subscript Page 129 of 194 Page 3 of 7    5.0 AMENDMENTS: Amendments to the agreement will require the mutual consent of the parties but will otherwise be considered at the annual review meeting to take place in September of each year. The BIA Board of Management and Town Council must approve all proposed amendments. 6.0 TERMS OF THE AGREEMENT: 6.1 The agreement will be reviewed annually and will be in effect from the commencement date of January 1st, 2022 to December 31st of 2022. 6.2 The annual review will take place in September of each year and prior to the approval of the Town and BIA budgets for the upcoming fiscal year. Note: There is a 2.0% inflation adjustment applied to specific categories to reflect cost pressures partially offset by efficiency improvements. There are also adjustments to reflect increased transients; higher incidence of dumped garbage; increased waste collection in existing waste containers; DOWNTOWN TILLSONBURG BUSINESS IMPROVEMENT AREA (BIA) __________________________ __________________ By: Date: THE CORPORATION OF THE TOWN OF TILLSONBURG __________________________ __________________ By: Date: __________________________ __________________ By: Date: Page 130 of 194 Page 4 of 7    APPENDIX A: BIA ASSETS 1.0 STREET FURNITURE: 1.1 Benches – cast iron and wood slat construction - 29 1.2 Glass top tables (36” x 36”) – 34 1.3 Glass top side tables (20” x 20”) – 15 1.4 Round steel slat tables - 24 1.5 Black aluminum chairs – 160 1.6 Nylon brown chairs - 60 1.7 Hexagon picnic tables – 3 1.8 Round black slat aluminum tables – 20 1.9 Patio heaters – 12 (additional 12 on order) 1.10 Nylon black chairs - 20 2.0 SMOKING CONTROL: 2.1 Butt stop – stand alone unit – 24 2.2 Butt stop – wall mount – 5 3.0 POTS & PLANTERS: 3.1 Narrow/tall single planter - 40 3.2 Large brown pots – 30 3.3 Medium brown pots - 20 3.4 Square planters - 3 4.0 GARBAGE CONTAINERS: 4.1 Black steel double unit – 11 4.2 Barrel style with red lid – 1 4.3 Bonnet style with black lid - 1 4.4 Rubbermaid – round style with lid – 2 4.5 Rubbermaid – square with lid – 2 4.6 Rubbermaid – square with recycling lid – 1 5.0 SHADE STRUCTURE & SUPPORTS: 5.1 7’ umbrella – 80 5.2 9’ umbrella – 8 5.3 Umbrella bases – large – 60 5.4 Umbrella bases – small – 24 6.0 OFFICE EQUIPMENT: 6.1 IT – laptop computers – 2 6.2 IT – desktop computers – 2 6.3 IT – colour printers – 3 6.4 IT – iPhones – 1 6.5 IT – label maker – 1 6.6 Furniture – tables – 1 6.7 Furniture – office chairs – 2 Page 131 of 194 Page 5 of 7    6.8 Office miscellaneous – 21 7.0 STREETSCAPE IMPROVEMENTS: 7.1 Broadway node reconstruction circa 2004: 7.1.1 Interlocking stone-works 7.1.2 Cast iron tree grates 7.1.3 Trees 7.1.4 Accessible ramps 7.1.5 Tree guards 7.1.6 Power outlets 7.2 Heritage LED light fixtures circa December 2018: 7.2.1 Contribution to capital cost for procurement differential: ($114,000 comprised of 70 fixtures) 8.0 ELECTRONIC BULLETIN BOARDS & DISPLAYS 8.1 EBB at Venison & Broadway 8.2 EBB at Mineral Springs 8.3 Focal point sign – John Pound Road by Mill Tales Inn 8.4 LG 47WB 50BRB-B flat panel HD TV (1 each) 9.0 POP-UP PATIO & PATIO HEATERS 9.1 Patio heaters (12) 9.2 Wood panels, cross-beams 9.3 Concrete post bases/block 10.0 VEHICLES: 10.1 2020 Chevrolet Silverado Custom (leased from GMAC Canada) 10.2 2021 – 16’ Miska – landscaping utility trailer Page 132 of 194 Page 6 of 7    APPENDIX B: COST OF SERVICES – OPERATING & CAPITAL – 2022 FISCAL YEAR 1.0 COURTESY BENCHES Purchase, installation, storage & maintenance of all benches in the BIA zone which includes seasonal installation, (spring); maintenance during spring, summer and early fall; and collection & storage in the winter months. Operational responsibility: 100% BIA 2.0 WASTE & RECYCLE REMOVAL: Collect, remove and disposal of waste and recycling in the Downtown Core with the exception of the units located at the Tillsonburg Town Centre Mall campus area. This also includes the collection, removal and disposal of dumped waste items in Downtown alleys, Downtown parking lots & other public spaces including Library Lane. The BIA will be responsible for its own dumpster, labour, scheduling, service levels and disposal of collected items. Operational responsibility: 100% BIA 3.0 LANDSCAPING SERVICES STREET POTS, PLANTERS, TREES Purchase and install all trees, replace damaged or dead trees/foliage on an annual basis. Includes as-needed pruning and foliage removal. The BIA will assume the cost of the plant materials, Maintenance & care for the large Town pots located at the clock tower, major intersections & other areas in the Downtown BIA zone. Purchase and install all seasonal pots, planters, hang baskets, (includes the cost of all specimens of flowers, greenery, pot accents and signage.) The BIA added 10 new pots in 2021 and will add 10 new pots in 2022. *Note: this does not include the cost of cutting or caring for grassed areas which remains in the purview of the Town. Remove all weeds from grates, curbs, sidewalks, alleys, walkways, public areas, parkettes, traffic signals, nodes, & interlocking stone areas. Operational responsibility: 100% BIA. Page 133 of 194 Page 7 of 7    4.0 WATERING/IRRIGATION Includes watering/irrigation of all pots, plants, baskets, planter units & urns in the BIA defined zone including those owned by either the BIA or Town of Tillsonburg. Due to increased temperatures; watering frequency is forecasted to be 7 days a week in 2022. This service includes the cost of water, fertilizer, hoses, nozzles, pumps & other equipment that is required to undertake this effort. Operational responsibility: 100% BIA 5.0 STREET SIGNS/BLADES 100% responsibility of the BIA with The Town providing $1,500 per annum for replacement and/or new street signage that meets AODA standards. This service includes the design, approval, procurement, installation, maintenance & repair of all Downtown street blade signs on an annual basis. Note: For 2022; commence transition to proper AODA standards. The design of the blades will be made in conjunction with the new wayfinding signage being installed throughout the town. Operational responsibility: 100% BIA 6.0 SIDEWALK & GUTTER CLEANLINESS & MANUAL STREET-SWEEPING The BIA will perform day-to-day sweeping in all downtown areas of the commercial corridor. This service includes all labour costs; cost of removal of garbage, cost of equipment, cost of PPE & supervision of student labour including an operational plan and system for BIA staff to follow. This service also includes the one-time, annual spring clean-up from the winter thaw. TOTAL 2022 MOU FUNDING FROM THE TOWN TO BIA: $30,535 Resolution # 2021-564 Moved By: Councillor Parker Seconded By: Councillor Rosehart THAT the BIA 2022 MOU be increased by 3% over the 2021 MOU agreement. Carried Page 134 of 194 BIA Related Financials2022For tracking and communication purposesInsurance MOU Financials BIA LevyFrom CS, premium apportionment In RCP From DTBIA AGM1,933.68$   2021 29,645.00$   2021328.73$       17% 30,534.35$   2022 3.0%155,747$    2022 requirement 2021 Levy payments20222,262.41$   2022 Yearly Cost34,862.50$     38,936.75$     142,240$    Base Levy 34,862.50$     38,936.75$     188.53$       2022 Monthly13,507$      One‐time 34,862.50$     38,936.75$     161.14$       2021 MonthlySobey's Donations to BIA34,862.50$     38,936.75$     27.39$         Mo. Increase 2,500$          Annually added to Q pmts Paid Quarterly 139,450.00$   155,747.00$   By‐law 2003 3048 2003‐2022Deducted from the quarterly levy payments 20‐yr beautification W/Os Min/MaxRock Developments Inc. Small Bus/CIP/Charity RebatesFaçade Improvement Program (FIP)in Ec Dev 500 See 500 DCS Tab35,000$       BIA Facade Improvement RequestAdmin Support for BIA(4,000)$       Per option #3 budget reductions HST Rebate Quarterly(11,300)$     Per Council res# 2021‐307, FIN 21‐16, assessment appeal Cell phone expenses19,700$       Total2021 MOU Payments20227,411.25$       7,633.59$        Payable to the BIA after Town Budget approvalOther7,411.25$       7,633.59$        BIA administers the FIP2,000$   Discover Tillsonburg 7,411.25$       7,633.59$        Turtlefest Sponsorship 7,411.25$       7,633.59$        29,645.00$     30,534.35$     Totals 2022Façade Improvement 19,700.00$     Jan‐Feb, onceMOU 30,534.35$     QuarterlyLevy 155,747.00$   QuarterlyTotal205,981.35$   Less: 2,262.41$        Insurance14,045.84$     BIA LED Street Lights Debt 7,066.58$       3‐Jun‐22TBD Cell Phone exp. 6,979.26$       3‐Dec‐22Page 135 of 194 Page 1 of 3 Subject: 2022 Q1 COVID-19 Impact Report Report Number: FIN 22-15 Department: Finance Department Submitted by: Renato Pullia, Interim Director of Finance/Treasurer Meeting Type: Council Meeting Meeting Date: Monday, June 27, 2022 RECOMMENDATION THAT Report # FIN 22-15 2022 Q1 Covid-19 Impact Report be received as information. BACKGROUND During budget deliberations, Council discussed Covid-19 and its impact in relation to the draft 2022 budget. Subsequently, at its regular meeting on January 27, 2022, Council passed the following resolution: Resolution # 2022-037 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT staff provide Council with a quarterly report which provides a financial update pertaining to expenses, income and losses in revenue due to COVID with a breakdown for each department Carried DISCUSSION Staff have previously reported that the 2021 budget had reflected an approximate $715,759 Covid-19 impact by way of 6 months of reduced revenues (less recreational admission fees, fewer memberships, reduced attendance at seasonal programs, fewer transit riders, etc.) or increased expenditures (masks, cleaning supplies and contractor Page 136 of 194 FIN 22-15 Page 2 of 3 costs, etc.), as shown in the adjacent table. During 2022 budget deliberations, staff noted that the revenues and expenses impacted by Covid-19 in 2021 were anticipated to be similarly impacted for 6 months in 2022, given the then continuation of COVID-19 measures. To measure the impact of COVID-19 on transit ridership revenues, the Ministry of Transportation (MTO) looks to the difference in actual revenues received in 2020 or 2021 against the revenues budgeted for in 2020, as that budget would have been developed in 2019 and represents pre-COVID activity levels. Similarly, since COVID-19 measures first took effect late March 2020, the first quarter actuals of 2020 can be compared with the first quarter results of 2021 and 2022 to assess differences in activity levels. Appendix A includes Q1 actuals for 2020, 2021 and 2022 for the departments of Corporate Services, Finance, Fire, Operations (separate Building & By-law), Recreation, Culture & Parks (RCP), and Economic Development & Marketing. As noted in prior reports, the impact was felt mostly in user fees. But other than Permit Fees in Building & By-law being much higher in Q1 2022 vs 2020, most other departments show minor variations, with the exception of RCP, where Q1 actuals show $369K for 2020, then dipping to $146K in 2021 and coming back up to $261K for 2022. RCP’s 2022 Q1 is still just over $108K less than 2020, while expenditures stayed relatively stable over the same time period. Just to note in Building & By-law, License Fees (line 3410), there was a delay in receiving the revenue which was not posted before the Q1 cut off. But there has been a reduction in licensing and suspect that COVID has been an impact, seeing other provincial licensing agencies (motor vehicle licensing) have provided breaks, and it is suspected that this has created a false impression on the requirement to licence pets. Staff’s plan is to complete some additional marketing for this in the future. Other expenditures in terms of supplies, masks, etc. tracked specific to COVID-19, show Q1 2021 costs of $11,346 and Q1 2022 costs of $5,427. MTO also released Phase 3 Supplementary funding to the Town of $2,406. This is to support the Town’s eligible COVID-19 municipal transit pressures and costs related to transit initiatives from January 1, 2022 to January 31, 2022. 6 month 460 Rec - Programs (535,800)$ 465 Rec - Bildg Maint (139,000)$ 475 Museum (3,200)$ 475 PPE (92.40)$ Complex PPE (1,170)$ Facilities PPE (24,000)$ Cemetery PPE (446)$ (703,263)$ Roads PPE (854)$ Fleet PPE (576)$ Water PPE (309)$ Hydro PPE -$ CSC PPE (395)$ Corp PPE (461)$ Fire PPE (802)$ (3,396)$ 480 Transit (9,100) (715,759)$ Covid Impact of… Page 137 of 194 FIN 22-15 Page 3 of 3 FINANCIAL IMPACT/FUNDING SOURCE Most of the Provincial funding received over the last two years, including $49K net for the vaccine clinic, $92K Safe Restart funding, $295K Recovery funding, and Safe Restart Transit funding of $8K, have offset some of the impacts of reduced revenues. Barring any further COVID-19 measures being re-instituted that would impact user fee activity, the trend of increased revenues from user fees should continue. CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☒ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation ☐ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal – The Town of Tillsonburg will strive for excellence and accountability in government, providing effective and efficient services, information, and opportunities to shape municipal initiatives. Strategic Direction – N/A Priority Project – N/A ATTACHMENTS 1. Appendix A – Departmental 2020 to 2022 Q1 Actuals Comparison Page 138 of 194 2020 2021 2022 2022 vs 2020 Q1 Actuals Q1 Actuals Q1 Actuals Difference Revenues Grants 179,559 (179,559) User Charges 3300 Misc Rev 2,922 1,135 3,056 134 3400 Permit Fees 1,560 1,180 1,740 180 3410 Licence Fees 6,358 4,708 10,510 4,152 3420 Cert Rev 5,280 120 265 (5,015) 3500 Rent Rev 59,184 62,925 62,925 3,741 3505 Merch Rev 135 50 300 165 Total User Charges 75,439 70,118 78,796 3,357 Other Revenue 27,892 (27,892) Contribution from Reserves 90,310 5,527 (90,310) Total Revenues 373,200 75,645 78,796 (294,404) Expenditures Labour 494,850 294,020 299,002 195,848 Purchases 199,450 166,925 165,298 34,152 Contracted Services 93,169 122,369 81,137 12,032 Contribution to Reserves 146,772 146,772 Interfunctional Adjustments (218,301)(167,302)(195,365)(22,936) Debt Principal & Interest Total Expenditures 715,940 416,012 350,072 (365,868) Total Net Levy (342,740)(340,367)(271,276)71,464 Page 139 of 194 2020 2021 2022 2022 vs 2020 Q1 Actuals Q1 Actuals Q1 Actuals Difference Revenues Grants 283,384 316,294 316,294 User Charges 6,840 5,679 5,679 Other Revenue 0 3600 Interest Rev 12,327 6,480 6,480 Total Other Revenue 12,327 6,480 6,480 Contribution from Reserves 195,388 Total Revenues 497,939 328,453 328,453 Expenditures Labour 177,626 186,654 (186,654) Purchases 5,825 13,586 (13,586) Contracted Services (20,311)(30,331)30,331 Contribution to Reserves 240,068 158,085 (158,085) Interfunctional Adjustments (49,779)(56,796)56,796 Total Expenditures 353,429 271,198 271,198 Total Net Levy 144,510 57,255 57,255 Page 140 of 194 2020 2021 2022 2022 vs 2020 Q1 Actuals Q1 Actuals Q1 Actuals Difference Revenues Grants 55,561 55,561 User Charges 9,409 38,401 38,242 28,833 Total Revenues 9,409 38,401 93,803 84,394 Expenditures Labour 266,471 313,240 302,424 (35,953) Purchases 47,488 29,092 31,819 15,669 Contracted Services 21,042 64,398 15,319 5,723 Contribution to Reserves 0 Interfunctional Adjustments 73,182 73,749 81,590 (8,408) Debt Principal & Interest 3,630 3,630 3,630 Total Expenditures 411,813 484,109 431,152 19,339 Total Net Levy (402,404)(445,708)(337,349)65,055 Page 141 of 194 2020 2021 2022 2022 vs 2020 Q1 Actuals Q1 Actuals Q1 Actuals Difference Revenues Levy, PILS 53,556 69,646 72,283 18,727 Grants 131,240 96,163 96,163 User Charges 0 3300 Misc Rev 2,129 2,053 8,067 5,938 3310 Fares 3,246 3,067 3,875 629 3420 Cert Rev 300 700 185 (115) 3430 Inspections 9,700 (9,700) 3440 Site Plan Review 1,200 4,601 1,416 216 3450 Subdivision Review 100 3,150 (100) 3500 Rent Rev 372,195 480,250 390,960 18,765 3505 Merch Rev 42,114 29,254 39,652 (2,462) Total User Charges 430,984 523,075 444,155 13,171 Other Revenue 2 (2) Contribution from Reserves Total Revenues 484,542 723,961 612,601 128,059 Expenditures Labour 584,898 650,536 665,786 (80,888) Purchases 369,056 418,710 446,821 (77,765) Contracted Services 81,432 100,160 127,075 (45,643) Contribution to Reserves Interfunctional Adjustments 154,104 112,953 121,098 33,006 Debt Principal & Interest 52,117 50,764 49,129 2,988 Total Expenditures 1,241,607 1,333,123 1,409,909 168,302 Total Net Levy (757,065)(609,162)(797,308)(40,243) Page 142 of 194 2020 2021 2022 2022 vs 2020 Q1 Actuals Q1 Actuals Q1 Actuals Difference Revenues User Charges 3300 Misc Rev 16,495 21,654 12,959 (3,536) 3400 Permit Fees 182,513 379,769 443,911 261,398 3405 Forfeited Building Deposits 6,000 2,500 3,000 (3,000) 3406 Forfeited Design Criteria 0 3410 Licence Fees 27,652 28,233 8,184 (19,468) 3420 Cert Rev 2,305 1,375 1,530 (775) Total User Charges 234,965 433,531 469,584 234,619 Total Revenues 234,965 433,531 469,584 234,619 Expenditures Labour 172,245 177,138 184,819 (12,574) Purchases 22,727 23,617 15,602 7,125 Contracted Services 971 1,832 35,730 (34,759) Contribution to Reserves Interfunctional Adjustments 15,525 29,628 34,950 (19,425) Total Expenditures 211,468 232,215 271,101 59,633 Total Net Levy 23,497 201,316 198,483 174,986 Page 143 of 194 2020 2021 2022 2022 vs 2020 Q1 Actuals Q1 Actuals Q1 Actuals Difference Revenues Grants 35,675 26,655 13,715 (21,960) User Charges 3300 Misc Rev 360 7,325 822 462 3305 Admissions 9,152 670 8,418 (734) 3310 Fares 32,486 407 (32,079) 3315 Memberships 47,928 13,788 18,061 (29,867) 3320 Seasonal Rev 34,569 9,196 (34,569) 3321 Niche Sales Rev 4,505 16,800 14,280 9,775 3322 Plot Sales Rev 1,260 4,185 4,200 2,940 3323 Services Rev 8,680 13,270 18,230 9,550 3324 Foundation Rev 180 140 40 (140) 3325 Sports Fields Fees 3330 Youth Program Fees 48,602 12,247 34,722 (13,880) 3335 Adult Program Fees 17,926 7,502 6,061 (11,865) 3340 Summer Programs (650)(2,301)(1,651) 3350 Minor Hockey 70,425 6,138 (70,425) 3355 Figure Skating 16,876 9,903 (16,876) 3360 Programs 11,232 8,797 54,318 43,086 3375 F.A.R.E. Subsidy 5,791 2,782 (3,009) 3500 Rent Rev 56,932 36,317 101,370 44,438 3505 Merch Rev 99 22 52 (47) 3510 Concession Sales 2,852 37 (2,852) 3515 Vending Machines 658 312 (346) 3710 Prepaid on Account (14)(16)14 Total User Charges 369,849 146,321 261,774 (108,075) Other Revenue 33,131 7,384 13,893 (19,238) Specified Revenue 2,056 445 1,025 (1,031) Contribution from Reserves Total Revenues 440,711 180,805 290,407 (150,304) Expenditures Labour 673,166 599,774 651,085 22,081 Purchases 219,940 289,074 221,676 (1,736) Contracted Services 105,674 103,361 120,691 (15,017) Contribution to Reserves 1,293 2,855 3,124 (1,831) Interfunctional Adjustments 104,325 109,197 116,326 (12,001) Debt Principal & Interest 40,151 38,755 37,644 2,507 Total Expenditures 1,144,549 1,143,016 1,150,546 5,997 Total Net Levy (703,838)(962,211)(860,139)(156,301) Page 144 of 194 2020 2021 2022 2022 vs 2020 Q1 Actuals Q1 Actuals Q1 Actuals Difference Revenues Grants 4,000 23,598 23,598 User Charges 0 3300 Misc Rev 19,000 0 3500 Rent Rev 8,813 24,450 15,637 Total User Charges 8,813 19,000 24,450 15,637 Contribution from Reserves Total Revenues 8,813 23,000 48,048 39,235 Expenditures Labour 56,766 47,011 47,135 9,631 Purchases 86,445 76,389 60,222 26,223 Contracted Services 1,078 627 (627) Contribution to Reserves 19,000 0 Interfunctional Adjustments (3,774)(3,549)(3,975)201 Debt Principal & Interest 32,484 32,484 Total Expenditures 171,921 139,929 104,009 (67,912) Total Net Levy (163,108)(116,929)(55,961)107,147 Page 145 of 194 Page 1 of 2 Subject: Building and By-Law Enforcement Officer Appointment Report Number: OPD 22-26 Department: Operations and Development Department Submitted by: Geno Vanhaelewyn, Chief Building Official Meeting Type: Council Meeting Meeting Date: Monday, June 27, 2022 RECOMMENDATION THAT a By-Law to appoint Mark Russell as a Building Official and By-Law Enforcement Officer for the Town of Tillsonburg be brought forward for Council consideration. BACKGROUND Building and By-law Services received 2022 budget approval to create a new full-time employee position for a Building and By-Law Enforcement Supervisor. This position will be stationed out of the Customer Service Centre and will supervise/assist By-Law Services and assist Building Services with non-compliance/enforcement. The recruitment process was completed and the position was offered and accepted by Mark Russell. DISCUSSION Building and By-Law Services recently recruited Mark Russell as Building and By- Law Enforcement Supervisor in order to fill a new 2022 FTE position within the department. This report is to request Council for the official appointment of Mark Russell as a Building Inspector to perform duties related to the Ontario Building Code Act and its regulation and as a By-Law Enforcement Officer which will allow the Officer to issue Part 1 and Part 2 Provincial Offences Notices (fine/ticket) within the Town of Tillsonburg. Some examples of current Part 1 fines within the department are related to Animal Control, Garbage, Noise, Signs, etc. and all Part 2 fines are related to the Traffic and Parking By-Law. Page 146 of 194 OPD 22-26 – Building and By-Law Enforcement Officer Appointment Page 2 of 2 CONSULTATION N/A FINANCIAL IMPACT/FUNDING SOURCE Funding approved in the 2022 Building and Protection budget. CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☒ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation ☐ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal – The Town of Tillsonburg will strive for excellence and accountability in government, providing effective and efficient services, information, and opportunities to shape municipal initiatives. Strategic Direction – N/A Priority Project – N/A ATTACHMENTS Page 147 of 194 Page 1 of 13 Subject: 2021 Fourth Quarter Operations and Development Services Report Number: OPD 22-21 Department: Operations and Development Department Submitted by: Carlos Reyes, Director of Operations and Development Meeting Type: Council Meeting Meeting Date: Thursday, June 16, 2022 RECOMMENDATION THAT report OPD 22-21 2021 Fourth Quarter Operations and Development Services be received as information. BACKGROUND To provide Council with the January 1, 2021 to December 31, 2021 Department operational and financial results for the Operations and Development Department. DISCUSSION 2021 Business Objectives and Capital Projects: Table 1: 2021 Operating Business Plan Objective Target Date Q4 Project Status Renegotiations of West Town Line Boundary Road Agreement Q2 Q4 2022 Deferred Renegotiations of Urban Road Maintenance Agreement with Oxford County Q2 Q4 Completed Renegotiations of Water Distribution and Wastewater Collection Agreement with Oxford County Q3 Q3 2022 Deferred Investigate Private Woodlot East of Runway 08-26 Removal Options Q2 Q4 2022 In progress Renegotiations of the Traffic Signal/Streetlights maintenance Agreement Q2 Q3 2022 Deferred Page 148 of 194 OPD 22-21 2021 Fourth Quarter Operations and Development Services Page 2 of 13 Downtown Sidewalk By-law 2189 Update Q3 Q1 2023 Deferred Finalize Engineering Design Criteria & Standard Drawings Q2 Q3 2022 In Progress Frances Street Reconstruction Detailed Design Q2 Q4 Completed Lindsay Street Reconstruction Detailed Design Q2 Q4 Completed Airport Website redesign Q2 Q3 2022 In progress Report to Council with information on the utilization of the 2021 Tillsonburg Regional Airport Grant Q2 Q3 Completed Table 2: 2021 Capital Business Plan Objective Target Date Q4 Project Status Airport Master Plan Q2 Q3 Completed 2021 OSIM Inspection Q3 Completed Kinsmen Bridge Upgrade Design Q2 Q4 Completed – Project Awarded to GM Blueplan Facilities Asset Management Q4 Q3 2022 In progress 2021 Asphalt Resurfacing Program Q3 Completed Sidewalk Connectivity Program Implementation Q3 Completed Vienna Road Reconstruction Q3 Q4 Completed Concession St W Reconstruction - Rolph to Charlotte Q3 Q2 2022 Completed Rolling Meadows Phase 2 of 2 Q3 Q2 2022 Completed General Aviation Access Road Q3 Q2 2022 Completed 2020 CFWD - Quarter Town Line at Stoney Creek Culvert Retaining Wall Rehabilitation Design Q1 Completed Page 149 of 194 OPD 22-21 2021 Fourth Quarter Operations and Development Services Page 3 of 13 2020 CFWD - Quarter Town Line & Beech Blvd Retaining Wall Replacement Design Q2 Completed 2020 CFWD - Young Street Storm Outlet Class Environmental Assessment (Design) Q3 Q4 2022 In progress – Project Awarded to GM Blueplan 2020 CFWD - Stoney Creek Sanitary Trunk Main Repair Q2 Q4 Completed 2020 CFWD Rolling Meadows Reconstruction Phase 1 of 2 (Tanager, Falcon) Q2 Q4 Completed 2019 CFWD Public Works Yard & Salt Facility – Concepts Q3 Completed Stoney Creek Sanitary Trunk Main - Emergency Repair Q3 Q4 Completed Light Duty Vehicles Water Unit #28 – Replace Pickup Truck Q3 Q3 2022 Awarded / Delivery expected July 2022 Fire Unit #38 – Replace SUV Q3 Q1 2023 In Progress Building Unit #39 – Replace SUV Q3 Completed Hydro Unit #65 – Replace Pickup Truck Q3 Q3 2022 Awarded / Delivery expected July 2022 New Parks/Facilities Unit - Mini Cargo Van Q3 Q3 2022 Awarded / Delivery expected July 2022 Medium Duty Vehicles Fire Unit #37 – Replace Pickup Truck Q4 Q1 2023 In Progress Heavy Duty Vehicles 2020 CFWD Roads Unit #60 – Replace Snowplow Truck Q2 2022 Completed Off Road Equipment Cemetery Unit #87 – Replace Backhoe Q3 Q1 2022 Completed Parks Unit #88 - Replace Tractor Q4 Q1 2022 Completed New Cemetery Unit - Mower Tractor with attachment Q3 Q4 Completed Page 150 of 194 OPD 22-21 2021 Fourth Quarter Operations and Development Services Page 4 of 13 Key indicators measure growth in terms of infrastructure i.e. Roads, Sewers, Watermain, Sidewalk, etc. and the associated maintenance level of service. The Towns ability to mitigate the associated incremental costs to maintain the additional infrastructures demonstrates the efficiencies of continuous internal improvement. Table 3: Key Indicators Key Indicators 2021 2020 2019 2018 2017 2016 2015 2014 Roads (Lane km) 242.3 238.3 235.4 234.1 233.6 229.4 226.8 226.1 Sidewalks (km) 117.1 107.6 98.6 97.4 96.6 94.2 91.6 89.5 CONSULTATION The following staff/resources have been consulted for this report:  Senior Analyst/Deputy Treasurer  Manager of Public Works  Manager of Engineering FINANCIAL IMPACT/FUNDING SOURCE The consolidated 2021 Q4 Operations Services overall variance is summarized in Table 4. Table 4: Fourth Quarter Budget vs. Actual Variance Summary Department Surplus / (Deficit) Operations Administration (6,819) Engineering Services 188,681 Public Works 188,604 Waste Management (43,433) Municipal Parking 3 Airport Operations 21,770 Fleet Services 9,994 Transit Services (In-Town) 11,457 Total Variance $370,257 Surplus CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities Page 151 of 194 OPD 22-21 2021 Fourth Quarter Operations and Development Services Page 5 of 13 ☒ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation ☐ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal – The Town of Tillsonburg will strive for excellence and accountability in government, providing effective and efficient services, information, and opportunities to shape municipal initiatives. Strategic Direction – Develop a communications strategy to increase awareness of Council decisions and municipal programs, projects and services. Priority Project – N/A ATTACHMENTS: Appendix A – Operating Summaries Page 152 of 194 OPD 22-21 2021 Fourth Quarter Operations and Development Services Page 6 of 13 Page 153 of 194 OPD 22-21 2021 Fourth Quarter Operations and Development Services Page 7 of 13 Page 154 of 194 OPD 22-21 2021 Fourth Quarter Operations and Development Services Page 8 of 13 Page 155 of 194 OPD 22-21 2021 Fourth Quarter Operations and Development Services Page 9 of 13 Page 156 of 194 OPD 22-21 2021 Fourth Quarter Operations and Development Services Page 10 of 13 Page 157 of 194 OPD 22-21 2021 Fourth Quarter Operations and Development Services Page 11 of 13 Page 158 of 194 OPD 22-21 2021 Fourth Quarter Operations and Development Services Page 12 of 13 Page 159 of 194 OPD 22-21 2021 Fourth Quarter Operations and Development Services Page 13 of 13 Page 160 of 194 2021 2021 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Total Revenues Expenditures Labour 253,300 262,655 (9,355)(4%) Purchases 15,000 12,464 2,536 (17%) Interfunctional Adjustments (24,000)(24,000)0% Total Expenditures 244,300 251,119 (6,819) Total Net Levy (244,300)(251,119)(6,819) Page 161 of 194 2021 2021 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants User Charges 128,000 234,040 106,040 (83%)1 Contribution from Reserves 50,000 36,921 (13,079)(26%)4 Total Revenues 178,000 270,961 92,961 Expenditures Labour 604,000 528,562 75,438 (12%)2 Purchases 28,500 21,285 7,215 (25%)3 Contracted Services 50,000 36,921 13,079 (26%)4 Interfunctional Adjustments (222,000)(221,988)(12)(0%) Total Expenditures 460,500 364,780 95,720 Total Net Levy (282,500)(93,819)188,681 Notes 1 Additional Site Plan & Sub Division Reviews -$39,000; Additional Review from the County - $68,800 2 FT labour under $61,600 - Vacancy; FT OT under $13,900 3 Training under $3,500; Equipment Supplies & Repiars under $4,600 4 GIS services from the County under Page 162 of 194 2021 2021 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants 90,000 93,876 3,876 (4%) Total Revenues 90,000 93,876 3,876 Expenditures Labour 1,075,400 1,012,695 62,705 (6%)1 Purchases 617,800 556,088 61,712 (10%)2 Contracted Services 322,000 261,115 60,885 (19%)3 Interfunctional Adjustments 480,600 480,736 (136)(0%) Debt Principal & Interest 555,840 556,278 (438)(0%) Total Expenditures 3,051,640 2,866,912 184,728 Total Net Levy (2,961,640)(2,773,036)188,604 Development Charges DC Revenue Collected (1,305,422) DC Contribution to Reserves 1,305,422 Notes 1 FT Overtime over $14,700; FT under $79,100 -vacancies 2 Supply Expense under $45,500; HLW under $28,000; Safety Exp over $10,400 3 Net Subcontractor Expenses under $60,900 Page 163 of 194 2021 2021 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants 138,300 117,973 (20,327)(15%)1 User Charges 126,400 63,000 (63,400)(50%)2 Total Revenues 264,700 180,973 (83,727) Expenditures Labour 84,100 87,200 (3,100)(4%) Purchases 110,000 36,644 73,356 (67%)3 Contracted Services 107,000 136,970 (29,970)(28%)4 Interfunctional Adjustments 132,800 132,792 8 (0%) Total Expenditures 433,900 393,606 40,294 Total Net Levy (169,200)(212,633)(43,433) Notes 3 Bag Tag Inventory purchases under $75,300 1 County payment as part of the Waste Management agremment 2 Bag Tag sales under $77,800; Misc Revenue over $14,400 -s crap metal 4 Large Item Bins / Brush, Leaves, Grass - Transfer Station Page 164 of 194 2021 2021 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Levy, PILS 140,500 145,978 5,478 (4%) User Charges 8,272 8,272 Total Revenues 140,500 154,250 13,750 Expenditures Labour 32,200 4,056 28,144 (87%)1 Purchases 10,000 1,042 8,958 (90%)2 Contracted Services 35,000 15,317 19,683 (56%)3 Contribution to Reserves 4,100 74,574 (70,474)(1,719%)4 Interfunctional Adjustments 46,100 46,104 (4)(0%) Debt Principal & Interest 13,100 13,154 (54)(0%) Total Expenditures 140,500 154,247 (13,747) Total Net Levy 3 3 Development Charges DC Revenue Collected (7) DC Contribution to Reserves 7 Notes 4 Surplus allocated to Downtown Parking Reserve 1 Allocation of staff time 2 Supplies Expense under Snow Removal 3 Subcontractor Snow Clearing Expense under Page 165 of 194 2021 2021 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants 50,000 50,000 0% User Charges 387,300 416,187 28,887 (7%)1 Total Revenues 437,300 466,187 28,887 Expenditures Labour 122,600 87,517 35,083 (29%)2 Purchases 251,100 270,813 (19,713)(8%)3 Contracted Services 33,500 55,997 (22,497)(67%)4 Interfunctional Adjustments 20,600 20,604 (4)(0%) Debt Principal & Interest 5,500 5,486 14 (0%) Total Expenditures 433,300 440,417 (7,117) Total Net Levy 4,000 25,770 21,770 Notes 3 Fuel Purchases over $33,200; HLW under $9,300 4 Subcontractor Expense over - Loomex Group contract offset with labour savings 1 Fuel Sales over $38,100 2 Net Labour under - vacancy Page 166 of 194 2021 2021 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges 1,502,300 1,500,840 (1,460)(0%) Total Revenues 1,502,300 1,500,840 (1,460) Expenditures Labour 331,700 339,427 (7,727)(2%) Purchases 576,000 564,093 11,907 (2%)1 Contracted Services 7,500 3,010 4,490 (60%) Contribution to Reserves 100,000 100,000 0% Interfunctional Adjustments 8,200 8,196 4 (0%) Debt Principal & Interest 452,300 449,520 2,780 (1%) Total Expenditures 1,475,700 1,464,246 11,454 Total Net Levy 26,600 36,594 9,994 Development Charges DC Revenue Collected (1,280) DC Contribution to Reserves 1,280 Notes 1 Fuel purchases under $17,000; Equipment Supplies & Repairs over $18,600; Equipment Rental Exp under $9,100 Page 167 of 194 2021 2021 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants 507,200 499,145 (8,055)(2%)1 User Charges 47,200 39,566 (7,634)(16%)2 Total Revenues 554,400 538,711 (15,689) Expenditures Labour 91,600 52,167 39,433 (43%)3 Purchases 42,400 53,369 (10,969)(26%)4 Contracted Services 584,700 586,022 (1,322)(0%) Interfunctional Adjustments 8,500 8,496 4 (0%) Total Expenditures 727,200 700,054 27,146 Total Net Levy (172,800)(161,343)11,457 Notes 4 Covid Exp over $9,000 1 Provincial Grants 2 Misc Revenue - Fares 3 FT labour under - vacancy Page 168 of 194 Page 1 of 3 The Corporation of the Town of Tillsonburg Affordable and Attainable Housing Advisory Committee May 25, 2022 4:15 p.m. Electronic Meeting MINUTES Present: Councillor Chris Parker ( Chair), Dane Willson, Suzanne Renken, Gary Green, Cedric Tomico, Rebecca Smith, Lisa Lanthier, Councillor Penny Esseltine Absent with Regrets: Elyse Pelland Also Present: Kyle Pratt, Chief Administrative Officer Cephas Panschow, Development Commissioner Ann Wright, Interim Deputy Clerk/ Committee Secretary Eric Gilbert, Senior Planner County of Oxford 1. Call to Order The meeting was called to order at 4:16 p.m. 2. Adoption of Agenda Resolution #1 Moved by: Councillor Esseltine Seconded by: Gary Green THAT the Agenda as prepared for the Affordable and Attainable Housing Advisory Committee meeting of May 25, 2022, be adopted. Page 169 of 194 Page 2 of 3 Carried 3. Minutes of the Previous Meeting Resolution #2 Moved by: Suzanne Renken Seconded by: Councillor Esseltine THAT the minutes as prepared for the Affordable and Attainable Housing Advisory Committee meeting of April 27, 2022, be adopted. Carried 4. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 5. General Business and Reports 5.1. Affordable and Attainable Housing Committee Recommendations The Committee discussed how to move forward with the committee recommendations to Council. The general consensus of the Committee was that the Committee would need to narrow it down the recommendations down into 4-5 bullet points. It is a lot to take in the way it currently is. The Committee had a discussion around the difference between what is affordable and what is attainable. 5.2. AMO More Homes for Everyone Submission to MMAH 2022-04-27 RPT There was discussion on the AMO report circulated. Staff noted the EDO Committee made a recommendation to go to council to increase the height of buildings to allow for higher density buildings. 5.3. Additional Residential Units 5.3.1. Proposed Bylaw Amendments Eric provided a review the provided draft Zoning Amendment By-Law which contains recommendations for Additional Residential Units Page 170 of 194 Page 3 of 3 (ARU’s), refer to the draft by-law for more details. Intend to bring this to Town Council in June. 5.3.1.1. Map – Eligible Tillsonburg Properties Included as information 5.3.2. County Funding Program Cephas encourages the committee to participate in the Oxford County Funding for Rental Units survey and available on line. There is also a public information session taking place on June 1, 2022. More information can be found at https://speakup.oxfordcounty.ca/add-a-second-unit Rebecca provided specific details about the current funding opportunity. 6. Round Table 7. Next Meeting June 22, 2022 @ 4:15 p.m. The Committee discusses meeting format going forward, all in person meetings or including electronic participation. A couple of members noted it would be difficult for them to attend in person due to being from out of Town and other work conflicts. 8. Adjournment Resolution #3 Moved by: Cedric Tomico Seconded by: Suzanne Renken THAT the May 25, 2022 Affordable and Attainable Housing Advisory Committee meeting be adjourned at 5:27 p.m. p.m. Carried Page 171 of 194 Page 1 of 3 The Corporation of the Town of Tillsonburg Boundary Adjustment Committee June 7, 2022 7:30 a.m. Council Chambers MINUTES Present: Deputy Mayor Dave Beres, Chair, Jesse Goossens, Cedric Tomico, Andrew Burns, Stephan Molnar. Absent with Regrets: Samantha Hamilton Also Present: Cephas Panschow, Development Commissioner Kyle Pratt, Chief Administrative Officer Ann Wright, Deputy Clerk 1. Call to Order The Chair called the meeting to order at 7:30 a.m. 2. Adoption of Agenda Resolution #1 Moved by: Cedric Tomico Seconded by: Andrew Burns THAT the Agenda as prepared for the Boundary Adjustment Committee meeting of June 7, 2022, be adopted. Carried 3. Minutes of the Previous Meeting Resolution #2 Page 172 of 194 Page 2 of 3 Moved by: Mayor Stephan Molnar Seconded by: Jesse Goossens THAT the Minutes as prepared for the Boundary Adjustment Committee meeting of May 17, 2022, be adopted. Carried 4. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interests were declared. 5. General Business and Reports 5.1. Boundary Adjustment Committee Request to Council Presentation Cedric Tomico reviewed the prepared drafted presentation subject to comments from the Committee. Discussion was had about the presentation and the resolution the Committee is seeking from Council, a few minor amendments were recommended and the presentation was finalized ready to be presented to council at their meeting on June 27, 2022. Cephas noted that County Planning had reviewed the resolution passed at the last meeting and provided the following response: The County is recommending that, in order to ensure consistent and reliable information, the Town wait for the County to retain their consultant to complete the growth forecast and land supply information and instead focus their efforts on ensuring that process is as accurate and informed as possible. Planning staff had intended to initiate the updates to the Phase 1 Comprehensive Review study in early 2023 to take into consideration 2021 Census and recent economic development and other trends. The aim was to have that work substantially completed by mid 2023 so that the updated information is available to inform the DC study updates and planning for any required settlement expansions and other projects (i.e. Master Plans, EAs etc.). The review and update of the land supply tends to be the most time consuming part of that study update process. Therefore, following the discussion with the Committee meeting, planning staff looked at potential opportunities to expedite that process and are Page 173 of 194 Page 3 of 3 now proposing to issue and RFP retain a consultant to initiate the review and update project in Q3/Q4 of this year, which would allow them to begin the review and update of the land supply component somewhat in advance of the growth forecast update component, which would still be early 2023. Further, the Town is scheduled to initiate their Development Charges Study Update in 2023 so Planning staff suggested that, if the Town was still interested in reviewing the work and conclusions of the 2023 Phase 1 Comprehensive Review study, that review could potentially be included as a provisional work item to be undertaken as part of that DC update project. This would allow the Town to use the expertise of the DC consultant to review and advise whether in their view and in light of the Town’s development trends, constraints, and population growth, that the Comprehensive Review’s conclusions are reasonable and appropriate The Committee was appreciative of this matter being reviewed by Planning Staff and the commitment to expedite the review of the land supply for the Phase 1 Comprehensive Review Study. While the offer of a provisional item in the DC Charge consultant contract was a good one, the consensus of the Committee was that the Town should retain their own consultant to assist the Town with preparing for the planned work and to ensure that this information is available in a timely manner to the County as well as supporting the Town’s growth needs. 6. Round Table 7. Next Meeting July 19, 2022 @ 7:30 a.m. 8. Adjournment Resolution #2 Moved by: Andrew Burns Seconded by: Cedric Tomico THAT the June 7, 2022 Boundary Adjustment Committee meeting be adjourned at 8:15 a.m. Carried Page 174 of 194 Tillsonburg 150 Ad-Hoc Committee Minutes, June 10, 2022 Page 1 of 5 The Corporation of the Town of Tillsonburg Tillsonburg 150 Ad Hoc Committee June 10, 2022 4:30 p.m. Council Chambers MINUTES Present: Chair Joan Weston, Aleksandra Webber, Courtney Booth, Christine Wade Absent with Regrets: Rosemary Dean, Deputy Mayor Dave Beres Staff Also Present: Patty Phelps- Culture and Heritage Manager/Curator Gina Armand - Records & Legislative Coordinator 1. Call to Order The meeting was called to order at 4:30pm by Chair Joan Weston 2. Adoption of Agenda Resolution #1 Moved by: Christine Webber Seconded by: Courtney Booth THAT the Agenda as prepared for the Tillsonburg 150 Ad-Hoc Committee Meeting of June 10, 2022, be adopted. Carried Page 175 of 194 Tillsonburg 150 Ad Hoc Committee Minutes, June 10, 2022 Page 2 of 5 3. Minutes of the Previous Meeting May 17, 2022 Committee Minutes – 5.4 paragraph 7- should read “Broadway” not Broadway St and “Plaques” not posters. 4. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interest were declared 5. General Business and Reports 5.1. Bentley’s Members were advised that the commemorative quilt for the 150 event is in the store. Bentleys is all setup and volunteers have been selling souvenirs in the shop on Saturdays The Committee’s Chair was volunteering in the store from 1-3pm on Saturday and advised the other members of the details. Members discussed having more volunteers for Thursday nights. Aleksandra Webber and Chair, Joan Weston, will be volunteering to cover the pop up shop on Thursday June 16 and June 23, 2022 from 4:00pm – 6:00pm. 5.2. Tillsonburg 150 Events Review & Implementation Committee Members were updated on the success in the sales of the souvenirs. As of this meeting the inventory is as follows:  54 camping mugs left in inventory  Approximately 1 dozen beer glasses sold to date  10 wine coolers sold to date  8 journals sold to date  3 key chains sold to date Christmas ornaments should arrive on Monday June 13, 2022. Page 176 of 194 Tillsonburg 150 Ad Hoc Committee Minutes, June 10, 2022 Page 3 of 5 Discussion on how many ornaments to be given out to volunteers/sponsors. It was suggested to give out between 3-5 ornaments. To be discussed next meeting. Committee Members are having a hard time reaching St. Johns Ambulance for confirmation of attendance on July 1. Applications have been sent in as early as March 2022. Chair and Members will follow up again ASAP. Tents are purchased and available for the event. Tents were also donated by the Town Centre and St. John’s Church. The Town Centre tent will be picked up before Thursday June 30. Generators will need to be picked up and gas purchased. Button Maker and extra supplies have been ordered. Museum Curator advised members that all the necessary supplies have been ordered. 20 volunteers have been recruited. Committee has enough volunteers for the event. Volunteers will be needed for next day removal and loading of items. Members discussed the inquiries of extension cords and electrical, will verify with Crystal Palace. Mini Golf and Cornwall will need to be picked up from the Crystal Palace. The train will not be operational for the event. Members to keep an eye on weather, should the Community Centre need to be booked and approved by Council at the June 27th Council Meeting. There will be a write-up in the newspaper about the Time Capsule Event. Members will add one item to Time Capsule. Members discussed ideas on how to better advertise the Time Capsule Event. Adding posters to Churches and news bulletins in Senior’s Homes was suggested. Page 177 of 194 Tillsonburg 150 Ad Hoc Committee Minutes, June 10, 2022 Page 4 of 5 Security booked by Committee. The Kinsmen will pay half the invoice for security. Fire truck has been confirmed. In case of emergency, they will need to leave. Chair will try to reach out to the Indigenous Community to issue an invite to the event. Possibly to provide teachings on culture ie: song & dance, Smudging, and more. Committee Members will inquire to the Communications Officer, regarding an “Interactive Schedule” 5.2.1. Review Draft Schedule The Tillsonburg 150 Event Schedule is now online, on our website and Facebook pages. The Fun Fair will be running longer due to the cancellation of the parade. Communications Officer to add a new event “Avondale Historical Display Magic Show will be 4:15-5:00pm. Beer tent hours will be 5-10pm. Advertisements to be brought to schools for Dunk Tank Event recruitment. Members would like to have a donation box for the Dunk Tank, with proceeds going to a young lady of Tillsonburg in need of life altering surgeries in the USA. Liaison will inquire to see if this is a possibility. 5.2.2. Next meeting date Members concluded the meeting by adding a revised committee meeting date on June 20, 2022 at 4:30pm. 6. Next Meeting June 20, 2022 at 4:30pm 7. Adjournment Page 178 of 194 Tillsonburg 150 Ad Hoc Committee Minutes, June 10, 2022 Page 5 of 5 Resolution #2 Moved by: Courtney Booth Seconded by: Aleksandra Webber THAT the June 10, 2022 Tillsonburg 150 Ad-Hoc Committee Meeting be adjourned at 5:19pm. Carried. Page 179 of 194 Tillsonburg 150 Ad-Hoc Committee Minutes, June 20, 2022 Page 1 of 5 The Corporation of the Town of Tillsonburg Tillsonburg 150 Ad Hoc Committee June 20, 2022 4:30 p.m. Council Chambers MINUTES Present: Chair Joan Weston, Courtney Booth, Christine Wade, Deputy Mayor Dave Beres Absent with Regrets: Aleksandra Webber, Rosemary Dean Staff Also Present: Patty Phelps- Culture and Heritage Manager/Curator Gina Armand - Records & Legislative Coordinator 1. Call to Order The meeting was called to order at 4:33 pm by Chair Joan Weston 2. Adoption of Agenda Resolution #1 Moved by: Courtney Booth Seconded by: Deputy Mayor Beres THAT the Agenda as amended for the Tillsonburg 150 Ad-Hoc Committee Meeting of June 20, 2022, be adopted. Carried Page 180 of 194 Tillsonburg 150 Ad Hoc Committee Minutes, June 20, 2022 Page 2 of 5 3. Minutes of the Previous Meeting June 10 Meeting Minutes-Page 3 should read “St. Paul’s Church” and “Corn Hole”, not St. John’s Church or Cornwall. 4. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interest were declared 5. General Business and Reports 5.1. St. John Ambulance Chair received a confirmation call from St. John Ambulance. They will be able to split the crew to provide coverage for July 1. Oxford EMS have not returned any calls. 5.2. Tillsonburg 150 Events Review & Implementation Tillsonburg Firefighters will be in attendance. Event Organizer, will follow up with the Firefighters to go over plans. Lions Club volunteers will help with the unloading and loading of equipment. They will need 4 tables. This has been arranged by the Committee’s Chair. Chair will follow up with Savannah from Innovata Foods regarding the donations of food. Dedication Tree Zone will start gathering at 2:30pm. Event to take place at 3:00pm in Memorial Park. Chair advised Members that the MP, MPP, County Warden, and Mayor Molnar will all be in attendance for the Pancake Breakfast. Museum Curator has requested a price list for food to add to schedule, website, and social media. Page 181 of 194 Tillsonburg 150 Ad Hoc Committee Minutes, June 20, 2022 Page 3 of 5 The Time Capsule Entries Event was a success. Committee Members have enough items to add to the Time Capsule. Paw Patrol costumes will be worn weather permitting. Golf poles for mini putt are damaged and not suitable for use. Event Organizer will try to replace this with another activity. Event Organizer will go over the parking spots for vendors and emergency personnel. Will have parking available inside the barriers. Generators will run on gas. Gas needs to be purchased. Food has been ordered and will be delivered by Thursday, June 23. The sponsor posters have all been made. Interactive schedule will be created by Town`s Communication Officer. A full page ad will be in the newspaper on Thursday June 23 and next Thursday June 30. Chair to follow up with Staples regarding the Thank You Cards. 5.2.1. Christmas Ornaments for Sponsors/Volunteers Member’s general consensus was to provide all volunteers with a free t- shirt as a thank you for service. The sale of the souvenirs is very successful thus far. Museum Curator provided the stats from Friday.  Camper mugs are all sold out  54 pint glasses sold  34 journals sold  55 wine tumblers sold  10 Christmas Ornaments sold (sale started on Thursday June 16 & Saturday June 18) Page 182 of 194 Tillsonburg 150 Ad Hoc Committee Minutes, June 20, 2022 Page 4 of 5 5.2.2. Dunk Tank Donation Box The Committee discussed having a donation box at the Dunk Tank. No action was taken. 5.2.3. Community Centre/Rain Date Community Centre won’t be available for a backup should there be inclement weather. 5.2.4. Golf Cart Deputy Mayor was offered a free golf cart. Committee Members were asked if a golf cart would be of interest, specifically for the event to help with Volunteers who have mobility issues. Committee members were in agreement to keep the golf cart, so long as the vehicle is insured, and not violating any Policies of the Town 5.2.5. Next Meeting Date It was decided that no further meetings are needed until after the event. A meeting date of July 12, 2022 at 4:30pm was discussed. Deputy Mayor requested the presence of the Chair at next Council Meeting on June 27, 2022, to inform Council/Public of the Tillsonburg 150Event. 6. Next Meeting July 12, 2022 at 4:30pm. 7. Adjournment Resolution #2 Moved by: Courtney Booth Seconded by: Christine Wade Page 183 of 194 Tillsonburg 150 Ad Hoc Committee Minutes, June 20, 2022 Page 5 of 5 THAT the June 20, 2022 Tillsonburg 150 Ad-Hoc Committee Meeting be adjourned at 5:38 pm. Carried. Page 184 of 194 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2022-___ A By-Law to amend Zoning By-Law Number 3295, as amended. (ZN 7-22-02) WHEREAS the Municipal Council of the Corporation of the Town of Tillsonburg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Schedule "A" to By-Law Number 3295, as amended, is hereby amended by changing to “R2” the zone symbol of the lands so designated “R2” on Schedule “A” attached hereto. 2. This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. READ A FIRST AND SECOND TIME THIS 27TH DAY OF JUNE, 2022. READ A THIRD AND FINAL TIME AND PASSED THIS 27TH DAY OF JUNE, 2022. _______________________________ MAYOR – Stephen Molnar _______________________________ CLERK – Michelle Smibert Page 185 of 194 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2022-___ A By-Law to amend Zoning By-Law Number 3295, as amended. (ZN 7-21-12) WHEREAS the Municipal Council of the Corporation of the Town of Tillsonburg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Schedule "A" to By-Law Number 3295, as amended, is hereby further amended by changing to ‘R2’, ‘R2-31 (H)’, ‘R3-23 (H)’ & ‘R3-24 (H)’ the zone symbols of the lands so designated ‘R2’, ‘R2-31 (H)’, ‘R3-23 (H)’ & ‘R3-24 (H)’ on Schedule “A” attached hereto. 2. That Section 7.5 to By-Law Number 3295, as amended, is hereby further amended by adding the following subsection at the end thereof: “7.5.31 LOCATION: LOT 24, PLAN 1653, PARTS 4, 5, 6 OF 41R-8458, SOUTHWEST CORNER OF POTTERS ROAD AND WEST TOWN LINE– R2-31 (H) (KEY MAP 31) 7.5.31.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R2-31 zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: All uses permitted in Table 7.1. 7.5.31.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R2-31 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 7.5.31.2.1 LOT DEPTH Minimum 28.5 m (93.5 ft) 7.5.31.2.2 LOT FRONTAGE, CORNER LOT Minimum 10 m (32.8 ft) 7.5.31.2.3 LOT COVERAGE Maximum 60 % 7.5.31.2.4 EXTERIOR SIDE YARD WIDTH Page 186 of 194 The Corporation of the Town of Tillsonburg By-law Number 2022- Page 2 Minimum 3 m (9.8 ft) 7.5.31.2.5 INTERIOR SIDE YARD WIDTH Minimum 1.2 m (3.9 ft) 7.5.31.2.6 REAR YARD DEPTH Minimum 7 m (23 ft) 7.5.31.2.7 PERMITTED PROJECTIONS & ENCROACHMENTS FOR COVERED DECKS, PATIOS & PORCHES Notwithstanding Table 5.37.1- Permitted Projections into Required Yards, covered decks, patios and porches within any R2-31 Zone may project 2 m (6.5 ft) into any required yard. In no circumstance shall the minimum setback between the projection and front or exterior lot line be less than 2 m (6.5 ft). 7.5.31.3 HOLDING ZONE PROVISIONS 7.5.31.3.1 PERMITTED USES WHILE HOLDING ZONE IS IN PLACE None 7.5.31.3.2 REMOVAL OF HOLDING ZONE The Holding Zone, as identified by the “(H)” symbol, shall not be removed from the subject lands until appropriate development agreements have been executed between the applicant and the Town of Tillsonburg. Removal of the Holding Zone shall be undertaken in accordance with Section 36 of the Planning Act. 7.5.31.4 That all of the provisions of the R2 Zone in Section 7.2 of this By-Law, as amended, shall apply and further, that all other provisions of this By-Law, as amended, that are consistent with the provisions herein shall continue to apply mutatis mutandis.” 3. That Section 8.6 to By-Law Number 3295, as amended, is hereby further amended by adding the following subsection at the end thereof: “8.6.23 LOCATION: LOT 24, PLAN 1653, PARTS 4, 5, 6 OF 41R-8458, SOUTHWEST CORNER OF POTTERS ROAD AND WEST TOWN LINE– R3-23 (H) (KEY MAP 31) 8.6.23.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R3-23 zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: All uses permitted in Table 8.1. Page 187 of 194 The Corporation of the Town of Tillsonburg By-law Number 2022- Page 3 8.6.23.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R3-23 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 8.6.23.2.1 LOT DEPTH Minimum 28.5 m (93.5 ft) 8.6.23.2.2 LOT AREA, INTERIOR UNIT Minimum 210 m2 (2,260 ft2) 8.6.23.2.3 LOT AREA, END UNIT Minimum 260 m2 (2,798 ft2) 8.6.23.2.4 LOT AREA, END UNIT ON A CORNER LOT Minimum 290 m2 (3,121ft2) 8.6.23.2.5 LOT FRONTAGE, CORNER LOT Minimum 10.2 m (33.4 ft) 8.6.23.2.6 LOT FRONTAGE, INTERIOR UNIT Minimum 7.2 m (23.6 ft) 8.6.23.2.7 LOT FRONTAGE, END UNIT Minimum 8.7 m (28.5 ft) 8.6.23.2.8 LOT COVERAGE Maximum 60 % 8.6.23.2.9 FRONT YARD DEPTH Minimum 5.5 m (18 ft) 8.6.23.2.10 EXTERIOR SIDE YARD WIDTH Minimum 3 m (9.8 ft) 8.6.23.2.11 INTERIOR SIDE YARD WIDTH Minimum 1.2 m (3.9 ft) Page 188 of 194 The Corporation of the Town of Tillsonburg By-law Number 2022- Page 4 8.6.23.2.12 REAR YARD DEPTH Minimum 5.5 m (18 ft) 8.6.23.2.13 AMENITY AREA Minimum 41 m2 (441.3 ft) 8.6.23.2.14 PERMITTED PROJECTIONS & ENCROACHMENTS FOR COVERED DECKS, PATIOS & PORCHES Notwithstanding Table 5.37.1- Permitted Projections into Required Yards, covered decks, patios and porches within any R3-23 Zone may project 3 m (9.8 ft) into any required rear yard. In no circumstance shall the minimum setback between the projection and rear lot line be less than 2 m (6.5 ft). 8.6.23.3 HOLDING ZONE PROVISIONS 8.6.23.3.1 PERMITTED USES WHILE HOLDING ZONE IS IN PLACE None 8.6.23.3.2 REMOVAL OF HOLDING ZONE The Holding Zone, as identified by the “(H)” symbol, shall not be removed from the subject lands until appropriate development agreements have been executed between the applicant and the Town of Tillsonburg. Removal of the Holding Zone shall be undertaken in accordance with Section 36 of the Planning Act. 8.6.23.4 That all of the provisions of the R3 Zone in Section 8.2 of this By-Law, as amended, shall apply and further, that all other provisions of this By-Law, as amended, that are consistent with the provisions herein shall continue to apply mutatis mutandis.” 4. That Section 8.6 to By-Law Number 3295, as amended, is hereby further amended by adding the following subsection at the end thereof: “8.6.24 LOCATION: LOT 24, PLAN 1653, PARTS 4, 5, 6 OF 41R-8458, SOUTHWEST CORNER OF POTTERS ROAD AND WEST TOWN LINE– R3-24 (H) (KEY MAP 31) 8.6.24.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R3-24 zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: All uses permitted in Table 8.1. Page 189 of 194 The Corporation of the Town of Tillsonburg By-law Number 2022- Page 5 8.6.24.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R3-23 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 8.6.24.2.1 LOT DEPTH Minimum 28.5 m (93.5 ft) 8.6.24.2.2 LOT AREA, INTERIOR UNIT Minimum 210 m2 (2,260 ft2) 8.6.24.2.3 LOT AREA, END UNIT Minimum 260 m2 (2,798 ft2) 8.6.24.2.4 LOT AREA, END UNIT ON A CORNER LOT Minimum 290 m2 (3,121ft2) 8.6.24.2.5 LOT FRONTAGE, CORNER LOT Minimum 10.2 m (33.4 ft) 8.6.24.2.6 LOT FRONTAGE, INTERIOR UNIT Minimum 7.2 m (23.6 ft) 8.6.24.2.7 LOT FRONTAGE, END UNIT Minimum 8.7 m (28.5 ft) 8.6.24.2.8 LOT COVERAGE Maximum 60 % 8.6.24.2.9 FRONT YARD DEPTH Minimum 5.5 m (18 ft) 8.6.24.2.10 EXTERIOR SIDE YARD WIDTH Minimum 3 m (9.8 ft) 8.6.24.2.11 INTERIOR SIDE YARD WIDTH Minimum 1.2 m (3.9 ft) 8.6.24.2.12 REAR YARD DEPTH Page 190 of 194 The Corporation of the Town of Tillsonburg By-law Number 2022- Page 6 Minimum 6.5 m (21.3 ft) 8.6.24.2.13 AMENITY AREA Minimum 41 m2 (441.3 ft) 8.6.24.2.14 PERMITTED PROJECTIONS & ENCROACHMENTS FOR COVERED DECKS, PATIOS & PORCHES Notwithstanding Table 5.37.1- Permitted Projections into Required Yards, covered decks, patios and porches within any R3-24 Zone may project 3 m (9.8 ft) into any required rear yard. In no circumstance shall the minimum setback between the projection and rear lot line be less than 2 m (6.5 ft). 8.6.24.3 HOLDING ZONE PROVISIONS 8.6.24.3.1 PERMITTED USES WHILE HOLDING ZONE IS IN PLACE None 8.6.24.3.2 REMOVAL OF HOLDING ZONE The Holding Zone, as identified by the “(H)” symbol, shall not be removed from the subject lands until appropriate development agreements have been executed between the applicant and the Town of Tillsonburg. Removal of the Holding Zone shall be undertaken in accordance with Section 36 of the Planning Act. 8.6.24.4 That all of the provisions of the R3 Zone in Section 8.2 of this By-Law, as amended, shall apply and further, that all other provisions of this By-Law, as amended, that are consistent with the provisions herein shall continue to apply mutatis mutandis.” 5. This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. READ A FIRST AND SECOND TIME THIS 27TH DAY OF JUNE, 2022. READ A THIRD AND FINAL TIME AND PASSED THIS 27TH DAY OF JUNE, 2022. _______________________________ MAYOR – Stephen Molnar _______________________________ CLERK – Michelle Smibert Page 191 of 194 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2022-____ A By-Law to appoint a Building Official, Property Standards Officer and Municipal Law Enforcement Officer for the Town of Tillsonburg. WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001, c.25, as amended, the Council of a Municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act, to enable them to govern their affairs as they consider appropriate and to enhance their ability to respond to municipal issues; AND WHEREAS pursuant the Municipal Act, 2001, S.O. 2001, c. 25, as amended, requires that a municipality's capacity, rights, powers and privileges, shall be exercised by by-law; AND WHEREAS pursuant to the Building Code Act, S.O. 1992, c. 23, as amended, Section 3 (2) provides for the council of each municipality to appoint a chief building official and such inspectors as are necessary for the enforcement of this Act in the areas in which the municipality has jurisdiction. AND WHEREAS pursuant to the Building Code Act, S.O. 1992, c. 23, as amended, defines "officer" as a property standards officer who has been assigned the responsibility of administering and enforcing by-laws passed under Section 15.1 of the Act; AND WHEREAS pursuant to the Police Services Act, R.S.O. 1990, cP.15, as amended, a municipal council may appoint one or more Municipal Law Enforcement Officers to enforce the By-Laws of the Municipality; AND WHEREAS pursuant to the Fire Protection and Prevention Act, 1997, c. 4, as amended, provides that a municipality may appoint officers to enter upon land and into structures at any reasonable time to inspect the land and structures to determine whether by-laws enacted in accordance with the Act are being complied with; Page 192 of 194 AND WHEREAS the Council of the Corporation of the Town of Tillsonburg considers it desirable to appoint a Building Official, Property Standards Officer and Municipal Law Enforcement Officer; BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. That Mark Russell be and is hereby appointed as Building Official, Property Standards Officer and Municipal Law Enforcement Officer for the Town of Tillsonburg. 2. That this by-law shall come into force and take effect on the date it is passed. READ A FIRST AND SECOND TIME THIS 27TH DAY OF JUNE, 2022. READ A THIRD AND FINAL TIME AND PASSED THIS 27TH DAY OF JUNE, 2022. _______________________________ MAYOR – Stephen Molnar _______________________________ CLERK – Michelle Smibert Sample 2021-087 Page 193 of 194 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2022-044 A by-law to confirm the proceedings of Council at its meeting held on June 27, 2022. WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the powers of a municipal corporation shall be exercised by its council; AND WHEREAS Section 5 (3) of the Municipal Act, 2001, as amended, provides that municipal powers shall be exercised by by-law; AND WHEREAS it is deemed expedient that the proceedings of the Council of the Town of Tillsonburg at this meeting be confirmed and adopted by by-law; BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. All actions of the Council of The Corporation of the Town of Tillsonburg at its meeting held on June 27, 2022, with respect to every report, motion, by-law, or other action passed and taken by the Council, including the exercise of natural person powers, are hereby adopted, ratified and confirmed as if all such proceedings were expressly embodied in this or a separate by-law. 2. The Mayor and Clerk are authorized and directed to do all the things necessary to give effect to the action of the Council of The Corporation of the Town of Tillsonburg referred to in the preceding section. 3. The Mayor and the Clerk are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of The Corporation of the Town of Tillsonburg. 4. That this By-Law shall come into force and take effect on the date it is passed. READ A FIRST AND SECOND TIME THIS 27TH DAY OF JUNE, 2022. READ A THIRD AND FINAL TIME AND PASSED THIS 27TH DAY OF JUNE, 2022. _______________________________ MAYOR – Stephen Molnar _______________________________ CLERK – Michelle Smibert Page 194 of 194