Regular Meeting of Council (Planning)

the minutes of the Middlesex Centre Council meeting held on April 5, 2023 be adopted as printed.

Consent items 6.1 through 6.3 listed on the April 19, 2023 agenda be adopted as recommended.

THAT the request by Andrew Douglas on behalf of 1917155 Ontario Inc. to remove the (h-2) holding symbol from the zoning of the land known legally as Concession 11 Pt Lot 26, Middlesex Centre, be APPROVED.

the request by Zelinka Priamo Ltd. on behalf of Oxbow Developments Limited Partnership to remove the (h-3), (h-6), and (h-7) holding symbols from the zoning of the land known legally as 10092 Oxbow Drive, Middlesex Centre, be APPROVED.

Council adjourn its regular meeting at 6:45 pm in order to sit as a Committee of Adjustment under Section 45 of The Planning Act, 1990, as amended, to consider the Minor Variance applications listed on the April 19, 2023 Council Agenda.

Minor Variance Application A-27/2022, filed by Carlo Iarusso on behalf of Patrick Cox and Jennifer Dickenson for relief from the Comprehensive Zoning By-law in order to establish a maximum size of 185.8 square metres and a maximum height of 7.77 metres for all accessory buildings, for a property legally described as Part of Lot 10, Concession 8 North, in the Municipality of Middlesex Centre, County of Middlesex and is municipally known as 10651 Ilderton Road, be GRANTED, subject to the following conditions; THAT the accessory building be placed in the same general location as shown on the site plan attached to the application; AND THAT the owner be required to remove the second access to the lands and restore the ditch to the satisfaction of the County Engineer, or seek approval for the second access from the County of Middlesex; AND THAT the Owner confirm that the proposed location of the accessory building be fully located such that it does not impact any existing municipal drain, prior to the issuance of a building permit; AND THAT the Owner be required to successfully obtain and Section 28 permit from the Conservation Authority prior to the issuance of a building permit; AND FURTHER THAT the reasons for granting Minor Variance Application A-27/2022: 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

THAT Minor Variance Application A-8/2023, filed by Picard’s Peanuts Ltd. (Arva) to permit a reduced rear yard setback of 1.47 metres for a property legally known as Lot 1 on Plan 859 in the Municipality of Middlesex Centre, County of Middlesex, and municipally known as 14331 Medway, be GRANTED; AND THAT the reasons for granting Minor Variance Application A-8/2023 include: 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.

Minor Variance Application A-6/2023, filed by Kevin Miller on behalf of Larry Weatherhead and Diane Weatherhead, for relief from the Comprehensive Zoning By-law in order to establish a reduced minimum lot size of 16.92 acres (6.84 hectares) and a broken frontage of approximately 102.7 metres (337 feet), for a property legally described as Part of Park Lot 9, Plan 47, Part 1 on Reference Plan 34R2205, in the Municipality of Middlesex Centre, County of Middlesex and is municipally known as 22643 Vanneck Road, be

Minor Variance Application A-7/2023, filed by LDS Consultants Inc. on behalf of Q.A. Cor. Versteegh to permit a reduced minimum side yard setback of 1.5 metres for a property legally known as Lot 57 to 58, Plan 55, in the Township of Middlesex Centre, County of Middlesex, and is municipally known as 115 Prince Street , be GRANTED; AND THAT the reasons for granting Minor Variance Application A-7/2023 include: 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.

THAT the Committee of Adjustment adjourn at 7:23 pm and Council resume their regular meeting; AND THAT Council move into Public Meetings at 7:23 pm pursuant to the Planning Act, R.S.O. 1990, as amended, to consider the applications listed on the April 19, 2023 Council agenda.

THAT Report CAO-10-2023, re: Consent Easement for 13178 Ilderton Road be received; AND THAT Consent, on behalf of the Ilderton Agricultural Society, in order to establish a servicing easement for infrastructure in favour of 1917155 Ontario Inc. to service the lands at 13178 Ilderton Road, with the easement being located on Concession 11 Pt Lot 26 RP33R12573 Part 4, in the Municipality of Middlesex Centre; be GRANTED; AND THAT the Consent 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 consent 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 the consent and that this plan be approved by the Municipality prior to being deposited with the Land Registry Office. That the Owner’s solicitor provide a Transfer in Preparation to 13178 Ilderton Road, together with a deposited reference plan and a Schedule describing the land identified for an easement, for the purposes of the issuance of a Certificate of Consent. That the Owner’s solicitor submit an undertaking in a form satisfactory to the Municipality to register an

Zoning By-law Amendment application (ZBA-06-2023) for a temporary use zone, filed by Kori Paquette, 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 21176 Vanneck Road, be APPROVED; AND THAT the owner be required to enter into a new Temporary Use Agreement with the Municipality and submit a deposit of $15,000 to ensure the removal of the existing residence.

the public meetings adjourn at 8:38 pm and Council resume their regular meeting;

the Correspondence items 12.1 through 12.7 listed on the April 19, 2023 agenda be received as information.

By-Laws 2023-040 through 2023-043 listed on the April 19, 2023 agenda be approved.

the Council for the Municipality of Middlesex Centre adjourns the April 19, 2023 Council meeting at 8:41 p.m.

THAT the Correspondence items 12.1 through 12.7 listed on the April 19, 2023 agenda be received as information

THAT the minutes of the Middlesex Centre Council meeting held on April 5, 2023 be adopted as printed.

THAT Consent items 6.1 through 6.3 listed on the April 19, 2023 agenda be adopted as recommended.

THAT the request by Zelinka Priamo Ltd. on behalf of Oxbow Developments Limited Partnership to remove the (h-3), (h-6), and (h-7) holding symbols from the zoning of the land known legally as 10092 Oxbow Drive, Middlesex Centre, be APPROVED.

THAT Council adjourn its regular meeting at 6:45 pm in order to sit as a Committee of Adjustment under Section 45 of The Planning Act, 1990, as amended, to consider the Minor Variance applications listed on the April 19, 2023 Council Agenda.

THAT Minor Variance Application A-27/2022, filed by Carlo Iarusso on behalf of Patrick Cox and Jennifer Dickenson for relief from the Comprehensive Zoning By-law in order to establish a maximum size of 185.8 square metres and a maximum height of 7.77 metres for all accessory buildings, for a property legally described as Part of Lot 10, Concession 8 North, in the Municipality of Middlesex Centre, County of Middlesex and is municipally known as 10651 Ilderton Road, be GRANTED, subject to the following conditions; THAT the accessory building be placed in the same general location as shown on the site plan attached to the application; AND THAT the owner be required to remove the second access to the lands and restore the ditch to the satisfaction of the County Engineer, or seek approval for the second access from the County of Middlesex; AND THAT the Owner confirm that the proposed location of the accessory building be fully located such that it does not impact any existing municipal drain, prior to the issuance of a building permit; AND THAT the Owner be required to successfully obtain and Section 28 permit from the Conservation Authority prior to the issuance of a building permit AND FURTHER THAT the reasons for granting Minor Variance Application A-27/2022:  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

THAT Minor Variance Application A-6/2023, filed by Kevin Miller on behalf of Larry Weatherhead and Diane Weatherhead, for relief from the Comprehensive Zoning By-law in order to establish a reduced minimum lot size of 16.92 acres (6.84 hectares) and a broken frontage of approximately 102.7 metres (337 feet), for a property legally described as Part of Park Lot 9, Plan 47, Part 1 on Reference Plan 34R2205, in the Municipality of Middlesex Centre, County of Middlesex and is municipally known as 22643 Vanneck Road, be

THAT Minor Variance Application A-7/2023, filed by LDS Consultants Inc. on behalf of Q.A. Cor. Versteegh to permit a reduced minimum side yard setback of 1.5 metres for a property legally known as Lot 57 to 58, Plan 55, in the Township of Middlesex Centre, County of Middlesex, and is municipally known as 115 Prince Street , be GRANTED; AND THAT the reasons for granting Minor Variance Application A-7/2023 include:  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.

THAT Zoning By-law Amendment application (ZBA-06-2023) for a temporary use zone, filed by Kori Paquette, 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 21176 Vanneck Road, be APPROVED; AND THAT the owner be required to enter into a new Temporary Use Agreement with the Municipality and submit a deposit of $15,000 to ensure the removal of the existing residence.

THAT Consent Application B-2/2023 filed by Dominion on behalf of 14013221 Canada Inc in order to sever a residential lot with a frontage of approximately 19.94 metres (65.4 feet) and an area of approximately 15.5 metres (50.8 feet) on Simcoe Ave, and an area of approximately 711.49 square metres (0.175 acres), in order to facilitate the construction of a single-detached dwelling on the severed lot and the retained having a frontage of approximately 21 metres (68.8 feet) on Simcoe Ave, and an area of approximately 960.76 square metres (0.237 acres), from a property legally described as Lot 37, Plan 1004, in the Township of Middlesex Centre, County of Middlesex, and is municipally known as 140 Simcoe Ave; be GRANTED; AND THAT Consent B-2/2023 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 fees 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-2/2023, and that this plan be approved by the Municipality prior to being deposited with the Land Registry Office. 4. That the Owner’s solicitor

THAT the public meetings adjourn at 8:38 pm and Council resume their regular meeting;

THAT By-Laws 2023-040 through 2023-043 listed on the April 19, 2023 agenda be approved.

THAT the Council for the Municipality of Middlesex Centre adjourns the April 19, 2023 Council meeting at 8:41 p.m.