The Middlesex Centre Record

Regular Meeting of Council (Planning)

March 16, 2022

Who was there

Present (6): Hugh Aerts, John Brennan, Sue Cates, Aina DeViet, Heffernan, Wayne Shipley

Taken from the roll call in the town’s own minutes. The minutes record who was not there and almost never why.

What was decided (33 motions)

33 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.

the Council for the Municipality of Middlesex Centre adjourn to closed session at 5:48 p.m. pursuant to Section 239 (2) of the Municipal Act, 2001, as amended to discuss the following matters: Section 239 (2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose;
Moved by Councillor Scott, seconded by Councillor Aerts
Carried
Council adjourn its regular meeting in order to sit as the Court of Revision to consider the Ward Drain with Councillor Aerts, Councillor Shipley, and Deputy Mayor being the Chair as well as to consider the Bell Drain with Councillor Aerts, Councillor Heffernan, and Deputy Mayor being the Chair.
Moved by Councillor Scott, seconded by Councillor Shipley
Carried
the Middlesex Centre Court of Revision approves the Schedule of Assessment for the Ward Municipal Drain provisionally adopted by By-Law 2022-020 as outlined in the report prepared by GM BluePlan Engineering. AND THAT the corresponding by-law be forwarded to Council for a final reading.
Moved by Councillor Shipley, seconded by Councillor Aerts
Carried
the Middlesex Centre Court of Revision approves the Schedule of Assessment for the Bell Municipal Drain provisionally adopted by By-Law 2022-019 as outlined in the report prepared by Spriet and Associates. AND THAT the corresponding by-law be forwarded to Council for a final reading;
Moved by Councillor Aerts, seconded by Councillor Heffernan
Carried
the Court of Revision adjourn and Council resume their regular meeting.
Moved by Councillor Heffernan, seconded by Councillor Aerts
Carried
the minutes of the Middlesex Centre Council meeting held on March 2, 2022 be adopted as printed.
Moved by Councillor Cates, seconded by Councillor Scott
Carried
Items 7.1 through 7.6 listed under the heading of Consent Agenda for March 16, 2022 be adopted as recommended.
Moved by Councillor Cates, seconded by Councillor Aerts
Carried
Report CMS-04-2022 re: Age Friendly Community Action Plan be received; AND THAT the Age Friendly Community Action Plan set out in Appendix A of this report be approved.
Moved by Councillor Cates, seconded by Deputy Mayor Brennan
Carried
Council adjourn its regular meeting at 6:38 p.m. in order to sit as a Committee of Adjustment under Section 45 of the Planning Act, as amended, to consider the Minor Variance applications listed on the March 16, 2022 Council Agenda
Moved by Deputy Mayor Brennan, seconded by Councillor Aerts
Carried
Minor Variance Application A-2/2022, filed by Chris Melchers on behalf of Derek and Kelly Sloan, for relief from the Comprehensive Zoning By-law in order to establish an interior side yard setback of 1.2 metres (4 feet) on the south interior lot line, whereas 2.0 metres (7 feet) is required; a front yard setback of 6.4 metres (21 feet), whereas 8 metres (26.2 feet) is required; and a rear yard setback of 7.3 metres (24 feet), whereas 8 metres (26.2 feet) is required; for a property legally described as Lots 11 and 12, Block I, Plan 109 in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 95 Springer Street, be GRANTED; AND THAT the reasons for granting Minor Variance Application A-2/2022: The request complies with the general intent and purpose of Middlesex Centre’s Official Plan; The request complies with the general intent and purpose of Middlesex Centre’s Comprehensive Zoning By-law; The request is minor in nature; and The request represents appropriate development on the subject property.
Moved by Councillor Cates, seconded by Councillor Scott
Carried
Minor Variance Application A-3/2022, filed by Kelly Rodrigues for relief from the Comprehensive Zoning By-law in order to establish a maximum size for all accessory buildings on the land of 201.4 square metres (2167.8 square feet) or 3 percent lot coverage, whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum size of the lesser of 165.0 square metres (1,776 square feet) of gross floor area or 3 percent lot coverage, for lots larger than 5,000 square metres (1.25 acre), for a property legally described as Part of Lot 12, Concession 3 South, in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 10780 Oxbow Drive, be GRANTED; subject to the following conditions: THAT the Owner warrants that the accessory building shall only be used for the explicit purpose of storage related to the residence on the lands and shall not contain a dwelling unit or home occupation / commercial or industrial use; AND THAT the accessory building generally be located in the same location as shown on the attached site plan; AND FURTHER THAT the reasons for approving Minor Variance Application A-3/2022 include: The request is considered to comply with the general intent and purpose of Middlesex Centre’s Comprehensive Zoning By-law and Official Plan; The request is considered to be minor in nature, subject to the conditions listed in this report; and The request represents appropriate development on the subject property.
Moved by Councillor Shipley, seconded by Councillor Cates
Carried
Minor Variance Application A-4/2022, filed by Maria and Rodney Park for relief from the Comprehensive Zoning By-law in order to establish a maximum size of 50.1 square metres (539.3 square feet) or 3.56 percent lot coverage for all accessory buildings, whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum size of the lesser of 50.0 m2 (538.0 ft2) of gross floor area or three percent (3%) lot coverage, for a property legally described as Part of Lot 13, Plan 47, Part of Lot 14, West York, Part of Lot 16 East South Main, and Part of Lot 19, North South Wellington, in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 23 York Street, be GRANTED; AND THAT the reasons for granting Minor Variance Application A-4/2022: The request complies with the general intent and purpose of Middlesex Centre’s Official Plan; The request complies with the general intent and purpose of Middlesex Centre’s Comprehensive Zoning By-law; The request is minor in nature; and The request represents appropriate development on the subject property.
Moved by Councillor Scott, seconded by Councillor Aerts
Carried
the Committee of Adjustment adjourns at 7:03 p.m. and Council resume their regular meeting; AND THAT Council move into Public Meeting at 7:03 p.m. pursuant to the Planning Act, as amended, to consider the applications listed on the March 16, 2022 Council Agenda
Moved by Councillor Scott, seconded by Councillor Heffernan
Carried
Zoning By-law Amendment application (ZBA-01-2022) for a temporary use zone, filed by Maria Gloria Castelo and Robert Carrerio Castelo, to permit two single-detached dwellings on one property for up to three years to allow a new residence to be constructed on the land known as 15675 Nine Mile Road, be APPROVED; AND THAT the owner be required to enter into a Temporary Use Agreement with the Municipality and submit a deposit of $10,000 to ensure the removal of the existing residence.
Moved by Councillor Shipley, seconded by Councillor Scott
Carried
Consent Application B-2/2022, filed by Brian and Fred Lewis on behalf of Frans Livestock Inc, in order to sever and convey as a lot addition a 1.42 hectare (3.5 acre) portion of land from 13562 Fifteen Mile Road, and add it to 13430 Fifteen Mile Road, and to sever and convey as a lot addition a 0.375 hectares (0.92 acres) portion of land from 13430 Fifteen Mile Road to be merged with the abutting land known municipally as 13562 Fifteen Mile Road, from a properties legally described as Part of Lot 24, Concession 15 South and Part of Lot 23 and 24, Concession 15 South, in the County of Middlesex, Municipality of Middlesex Centre; be GRANTED; AND THAT Application for Consent B-2/2022 be subject to the following conditions: That the Certificate of Consent under Section 53(42) of the Planning Act shall be given within two years of the date of the notice of the decision. The request for the Certificate of Consent shall be accompanied by a written submission that details how each of the conditions of severance has been fulfilled. That the fee for the Certificate of Consent be paid in accordance with the Municipality’s Fees and Charges By-law. That a draft reference plan be prepared by an Ontario Land Surveyor for the purposes of facilitating the transaction of Consent B-2/2022, and that this plan be approved by the Municipality prior to being deposited with the Land Registry Office. That the Owners’ solicitor provide a Transfer in Preparation to the Municipality, together with a dep
Moved by Councillor Heffernan, seconded by Deputy Mayor Brennan
Carried
the Correspondence items 12.1 through 12.9 listed on the March 16, 2022 Council Agenda (Meeting B) be received as information.
Moved by Councillor Cates, seconded by Councillor Heffernan
Carried
By-Law 2022-026 through By-law 2022-031 listed on the March 16, 2022 Council Agenda (Meeting B) be adopted as printed
Moved by Councillor Shipley, seconded by Councillor Cates
Carried
THAT the Council for the Municipality of Middlesex Centre adjourn to closed session at 5:48 p.m. pursuant to Section 239 (2) of the Municipal Act, 2001, as amended to discuss the following matters: Section 239 (2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose;
Moved by Councillor Scott, seconded by Councillor Aerts
Carried
THAT the Middlesex Centre Court of Revision approves the Schedule of Assessment for the Ward Municipal Drain provisionally adopted by By- Law 2022-020 as outlined in the report prepared by GM BluePlan Engineering. AND THAT the corresponding by-law be forwarded to Council for a final reading.
Moved by Councillor Shipley, seconded by Councillor Aerts
Carried
THAT the Middlesex Centre Court of Revision approves the Schedule of Assessment for the Bell Municipal Drain provisionally adopted by By-Law 2022-019 as outlined in the report prepared by Spriet and Associates. AND THAT the corresponding by-law be forwarded to Council for a final reading;
Moved by Councillor Aerts, seconded by Councillor Heffernan
Carried
THAT the Court of Revision adjourn and Council resume their regular meeting.
Moved by Councillor Heffernan, seconded by Councillor Aerts
Carried
THAT the minutes of the Middlesex Centre Council meeting held on March 2, 2022 be adopted as printed.
Moved by Councillor Cates, seconded by Councillor Scott
Carried
THAT Items 7.1 through 7.6 listed under the heading of Consent Agenda for March 16, 2022 be adopted as recommended.
Moved by Councillor Cates, seconded by Councillor Aerts
Carried
THAT Report CMS-04-2022 re: Age Friendly Community Action Plan be received; AND THAT the Age Friendly Community Action Plan set out in Appendix A of this report be approved.
Moved by Councillor Cates, seconded by Deputy Mayor Brennan
Carried
THAT Council adjourn its regular meeting at 6:38 p.m. in order to sit as a Committee of Adjustment under Section 45 of the Planning Act, as amended, to consider the Minor Variance applications listed on the March 16, 2022 Council Agenda
Moved by Deputy Mayor Brennan, seconded by Councillor Aerts
Carried
THAT Minor Variance Application A-2/2022, filed by Chris Melchers on behalf of Derek and Kelly Sloan, for relief from the Comprehensive Zoning By-law in order to establish an interior side yard setback of 1.2 metres (4 feet) on the south interior lot line, whereas 2.0 metres (7 feet) is required; a front yard setback of 6.4 metres (21 feet), whereas 8 metres (26.2 feet) is required; and a rear yard setback of 7.3 metres (24 feet), whereas 8 metres (26.2 feet) is required; for a property legally described as Lots 11 and 12, Block I, Plan 109 in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 95 Springer Street, be GRANTED; AND THAT the reasons for granting Minor Variance Application A-2/2022:  The request complies with the general intent and purpose of Middlesex Centre’s Official Plan;  The request complies with the general intent and purpose of Middlesex Centre’s Comprehensive Zoning By-law;  The request is minor in nature; and  The request represents appropriate development on the subject property.
Moved by Councillor Cates, seconded by Councillor Scott
Carried
THAT Minor Variance Application A-3/2022, filed by Kelly Rodrigues for relief from the Comprehensive Zoning By-law in order to establish a maximum size for all accessory buildings on the land of 201.4 square metres (2167.8 square feet) or 3 percent lot coverage, whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum size of the lesser of 165.0 square metres (1,776 square feet) of gross floor area or 3 percent lot coverage, for lots larger than 5,000 square metres (1.25 acre), for a property legally described as Part of Lot 12, Concession 3 South, in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 10780 Oxbow Drive, be GRANTED; subject to the following conditions: THAT the Owner warrants that the accessory building shall only be used for the explicit purpose of storage related to the residence on the lands and shall not contain a dwelling unit or home occupation / commercial or industrial use; AND THAT the accessory building generally be located in the same location as shown on the attached site plan; AND FURTHER THAT the reasons for approving Minor Variance Application A-3/2022 include:  The request is considered to comply with the general intent and purpose of Middlesex Centre’s Comprehensive Zoning By-law and Official Plan;  The request is considered to be minor in nature, subject to the conditions listed in this report; and  The request represents appropriate development on the subject property.
Moved by Councillor Shipley, seconded by Councillor Cates
Carried
THAT Minor Variance Application A-4/2022, filed by Maria and Rodney Park for relief from the Comprehensive Zoning By-law in order to establish a maximum size of 50.1 square metres (539.3 square feet) or 3.56 percent lot coverage for all accessory buildings, whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum size of the lesser of 50.0 m2 (538.0 ft2) of gross floor area or three percent (3%) lot coverage, for a property legally described as Part of Lot 13, Plan 47, Part of Lot 14, West York, Part of Lot 16 East South Main, and Part of Lot 19, North South Wellington, in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 23 York Street, be GRANTED; AND THAT the reasons for granting Minor Variance Application A-4/2022:  The request complies with the general intent and purpose of Middlesex Centre’s Official Plan;  The request complies with the general intent and purpose of Middlesex Centre’s Comprehensive Zoning By-law;  The request is minor in nature; and  The request represents appropriate development on the subject property.
Moved by Councillor Scott, seconded by Councillor Aerts
Carried
THAT the Committee of Adjustment adjourns at 7:03 p.m. and Council resume their regular meeting; AND THAT Council move into Public Meeting at 7:03 p.m. pursuant to the Planning Act, as amended, to consider the applications listed on the March 16, 2022 Council Agenda
Moved by Councillor Scott, seconded by Councillor Heffernan
Carried
THAT Zoning By-law Amendment application (ZBA-01-2022) for a temporary use zone, filed by Maria Gloria Castelo and Robert Carrerio Castelo, to permit two single-detached dwellings on one property for up to three years to allow a new residence to be constructed on the land known as 15675 Nine Mile Road, be APPROVED; AND THAT the owner be required to enter into a Temporary Use Agreement with the Municipality and submit a deposit of $10,000 to ensure the removal of the existing residence.
Moved by Councillor Shipley, seconded by Councillor Scott
Carried
THAT Consent Application B-2/2022, filed by Brian and Fred Lewis on behalf of Frans Livestock Inc, in order to sever and convey as a lot addition a 1.42 hectare (3.5 acre) portion of land from 13562 Fifteen Mile Road, and add it to 13430 Fifteen Mile Road, and to sever and convey as a lot addition a 0.375 hectares (0.92 acres) portion of land from 13430 Fifteen Mile Road to be merged with the abutting land known municipally as 13562 Fifteen Mile Road, from a properties legally described as Part of Lot 24, Concession 15 South and Part of Lot 23 and 24, Concession 15 South, in the County of Middlesex, Municipality of Middlesex Centre; be GRANTED; AND THAT Application for Consent B-2/2022 be subject to the following conditions: 1. That the Certificate of Consent under Section 53(42) of the Planning Act shall be given within two years of the date of the notice of the decision. The request for the Certificate of Consent shall be accompanied by a written submission that details how each of the conditions of severance has been fulfilled. 2. That the fee for the Certificate of Consent be paid in accordance with the Municipality’s Fees and Charges By-law. 3. That a draft reference plan be prepared by an Ontario Land Surveyor for the purposes of facilitating the transaction of Consent B-2/2022, and that this plan be approved by the Municipality prior to being deposited with the Land Registry Office. 4. That the Owners’ solicitor provide a Transfer in Preparation to the Municipality, to
Moved by Councillor Heffernan, seconded by Deputy Mayor Brennan
Carried
THAT the Correspondence items 12.1 through 12.9 listed on the March 16, 2022 Council Agenda (Meeting B) be received as information.
Moved by Councillor Cates, seconded by Councillor Heffernan
Carried
THAT By-Law 2022-026 through By-law 2022-031 listed on the March 16, 2022 Council Agenda (Meeting B) be adopted as printed
Moved by Councillor Shipley, seconded by Councillor Cates
Carried

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