Regular Meeting of Council (Planning)

the minutes of the Council meeting held on March 1, 2023 be adopted as printed.

Consent items 6.1 through 6.8 listed on the March 15, 2023 agenda be adopted as recommended.

Report CAO-8-2023, re: OPA 59 - Request to Revised Adopted OPA Schedules A-5, A-6 and A-11 be received; AND THAT Middlesex Centre Council direct the County of Middlesex to revise the adopted Official Plan Amendment 59 to amend Land Use Schedules A-11 to include the lands identified as Concession 5 S Pt Lot 31 RP 33R11585 Part 1 into the settlement area and designate them as “Residential”, and amend Land Use Schedules A-5 and A-6 by removing the lands identified in Attachment 4 of this Staff Report and designating them as “Agriculture”.

Report PWE 15-2023 regarding SCADA Standards Consultants Award be received; AND THAT the SCADA Standards be awarded to Eramosa Engineering Inc. in the amount of $138,389.52 (taxes not included); AND FURTHER THAT the Mayor and Clerk be authorized to execute the necessary contract documents.

Zoning By-law Amendment application ZBA-13-2022, filed by 2225660 Ontario Limited, to add a new definition of ‘cidery’ and rezone the subject property from the ‘Agricultural (A1)’ zone to the site-specific ‘Agricultural exception 40 (A1-40)’ zone for the land municipally known as 23778 Richmond Street, former Township of London, Municipality of Middlesex Centre, be APPROVED.

Council adjourn its regular meeting at 6:30 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 March 15, 2023 Council Agenda.

Minor Variance Application A-2/2023, filed by Ricardo Teves for relief from the Comprehensive Zoning By-law in order to establish an minimum rear yard setback for an attached covered deck of 5.17 metres (16.9 feet), whereas the Middlesex Centre Comprehensive Zoning By-law requires a minimum rear yard setback of 8.0 metres (26.2 feet, for a property legally described as Unit 13, Level 1, Plan MVLCP885, in the Municipality of Middlesex Centre, County of Middlesex and is municipally known as 202 – 9861 Glendon Drive in Komoka, be GRANTED, subject to the following conditions: THAT the minimum rear yard setback shall reduction to 5.17 metres (16.9 feet) shall only apply to the deck as shown on the attached drawing, and the remainder of the single detached dwelling shall maintain a minimum 8.0 metre setback as shown on the site plan; AND THAT the reasons for granting Minor Variance Application A-2/2023: 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 Minor Variance Application A-3/2023, filed by John Szabo on behalf of Linrui Geo and Fuyan Li in order to expand a legal non-conforming use to permit a 37.16 square metre addition to an existing single detached dwelling on the property; for a property legally known as Part of Lot 18, London Concession 7 N, in the Municipality of Middlesex Centre, County of Middlesex, and municipally known as 14081 Eight Mile Road, be GRANTED; AND THAT the reasons for granting Minor Variance Application A-3/2023 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-4/2023, filed by Michael J Lamb on behalf of Sharon and Mark Lapointe for relief from the Comprehensive Zoning By-law in order to establish a reduced minimum lot size of 0.97 hectares (2.4 acres) and a minimum frontage of 91.4 metres (299 feet) for a property legally described as Part of Lot 6, Concession 3 E, Lot 13 of Reg Comp Plan 427, in the Municipality of Middlesex Centre, County of Middlesex and is municipally known as 3611 Woodhull Road, be GRANTED; AND THAT the reasons for granting Minor Variance Application A-4/2023: 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-5/2023, filed by Andrew Douglas on behalf of 1917155 Ontario Inc. for relief from the Comprehensive Zoning By-law in order to establish a reduced minimum outdoor amenity area of 30 m 2 per dwelling unit and a reduced width for a planting strip between a property line and driveway of 0.0 m for a property legally described as Concession 11 Pt Lot 26, in the Municipality of Middlesex Centre, County of Middlesex and is municipally known as 13178 Ilderton Road, be GRANTED; AND THAT the reasons for granting Minor Variance Application A-5/2023: 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.

the Committee of Adjustment adjourn at 6:54 pm and Council resume their regular meeting; AND THAT Council move into Public Meetings at 6:54 pm pursuant to the Planning Act, R.S.O. 1990, as amended, to consider the applications listed on the March 15, 2023 Council agenda.

Consent Application B-1/2023, filed by Jeff Crosby on behalf of Yolande McIntosh, in order to permit the adjustment of a boundary by conveying approximately 733.12 square metres from Part of Park Lot 9 Plan 47, Part 1 on Reference Plan 34R2205 to be merged with an abutting lot legally described as Part of Park Lot 9 Plan 47, Part 2 on Reference Plan 34R2205, in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 16 Victoria Street, be GRANTED; AND THAT Application for Consent B-1/2023 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-1/2023, 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 deposited reference plan and a Schedule describing the land to be transferred for each parcel, for the purposes of the issuance of a Certificate of Consent. That the Owner

the request by Baker Planning Group on behalf of 2270942 Ontario Limited to remove the (h-1) holding symbol from the zoning of the land known legally as part of Concession 2 PT Lot 6, Middlesex Centre, be APPROVED.

Zoning By-law Amendment application (ZBA-02-2023) for a temporary use zone, filed by Karl Pfister, 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 15548 Nine Mile Road, be APPROVED; AND THAT the owner be required to enter into a Temporary Use Agreement with the Municipality and submit a total deposit of $15,000 to ensure the removal of the existing residence.

the public meetings adjourn at 7:06 p.m. and Council resume their regular meeting;

the homeless crisis is taking a devastating toll on families and communities, undermining a healthy and prosperous Ontario; WHEREAS the homelessness crisis is the result of the underinvestment and poor policy choices of successive provincial governments; WHEREAS homelessness requires a range of housing, social service and health solutions from government; WHEREAS homelessness is felt most at the level of local government and the residents that they serve; WHEREAS municipalities and District Social Administration Boards are doing their part, but do not have the resources, capacity or tools to address this complex challenge; and, WHEREAS leadership and urgent action is needed from the provincial government on an emergency basis to develop, resource, and implement a comprehensive plan to prevent, reduce and ultimately end homelessness in Ontario. THEREFORE BE IT RESOLVED THAT the Municipality of Middlesex Centre calls on the Provincial Government to urgently: a. Acknowledge that homelessness in Ontario is a social, economic, and health crisis; b. Commit to ending homelessness in Ontario; c. Work with AMO and a broad range of community, health, Indigenous and economic partners to develop, resource, and implement an action plan to achieve this goal. AND FURTHER THAT a copy of this motion be sent to the Minister of Municipal Affairs and Housing; the Minister of Children, Community and Social Services; the Minister of Health; and to the Association of Municipalities of Ontario.

the Correspondence items 12.1 through to 12.7, listed on the March 15, 2023 agenda be received as information.

the Council for the Municipality of Middlesex Centre adjourn to closed session at 7:19 p.m. pursuant to Section 239 (2) of the Municipal Act, 2001, as amended to discuss the following matters: Section 239 (2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; Section 239 (2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose;

Council rise from closed session and return to open session at 7:42 p.m.

By-law 2023-013 and By-laws 2023-028 through By-law 2023-033, listed on the March 15, 2023 agenda, be approved.

the Council for the Municipality of Middlesex Centre adjourns the March 15, 2023 Council meeting at 7:44 p.m.

THAT the minutes of the Council meeting held on March 1, 2023 be adopted as printed.

THAT Consent items 6.1 through 6.8 listed on the March 15, 2023 agenda be adopted as recommended.

THAT Report PWE 15-2023 regarding SCADA Standards Consultants Award be received; AND THAT the SCADA Standards be awarded to Eramosa Engineering Inc. in the amount of $138,389.52 (taxes not included); AND FURTHER THAT the Mayor and Clerk be authorized to execute the necessary contract documents.

THAT Zoning By-law Amendment application ZBA-13-2022, filed by 2225660 Ontario Limited, to add a new definition of ‘cidery’ and rezone the subject property from the ‘Agricultural (A1)’ zone to the site-specific ‘Agricultural exception 40 (A1-40)’ zone for the land municipally known as 23778 Richmond Street, former Township of London, Municipality of Middlesex Centre, be APPROVED.

THAT Council adjourn its regular meeting at 6:30 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 March 15, 2023 Council Agenda.

THAT Minor Variance Application A-2/2023, filed by Ricardo Teves for relief from the Comprehensive Zoning By-law in order to establish an minimum rear yard setback for an attached covered deck of 5.17 metres (16.9 feet), whereas the Middlesex Centre Comprehensive Zoning By-law requires a minimum rear yard setback of 8.0 metres (26.2 feet, for a property legally described as Unit 13, Level 1, Plan MVLCP885, in the Municipality of Middlesex Centre, County of Middlesex and is municipally known as 202 – 9861 Glendon Drive in Komoka, be GRANTED, subject to the following conditions: THAT the minimum rear yard setback shall reduction to 5.17 metres (16.9 feet) shall only apply to the deck as shown on the attached drawing, and the remainder of the single detached dwelling shall maintain a minimum 8.0 metre setback as shown on the site plan; AND THAT the reasons for granting Minor Variance Application A-2/2023:  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 THAT Minor Variance Application A-3/2023, filed by John Szabo on behalf of Linrui Geo and Fuyan Li in order to expand a legal non- conforming use to permit a 37.16 square metre addition to an existing single detached dwelling on the property; for a property legally known as Part of Lot 18, London Concession 7 N, in the Municipality of Middlesex Centre, County of Middlesex, and municipally known as 14081 Eight Mile Road, be GRANTED; AND THAT the reasons for granting Minor Variance Application A-3/2023 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 Minor Variance Application A-4/2023, filed by Michael J Lamb on behalf of Sharon and Mark Lapointe for relief from the Comprehensive Zoning By-law in order to establish a reduced minimum lot size of 0.97 hectares (2.4 acres) and a minimum frontage of 91.4 metres (299 feet) for a property legally described as Part of Lot 6, Concession 3 E, Lot 13 of Reg Comp Plan 427, in the Municipality of Middlesex Centre, County of Middlesex and is municipally known as 3611 Woodhull Road, be GRANTED; AND THAT the reasons for granting Minor Variance Application A-4/2023:  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 Minor Variance Application A-5/2023, filed by Andrew Douglas on behalf of 1917155 Ontario Inc. for relief from the Comprehensive Zoning By-law in order to establish a reduced minimum outdoor amenity area of 30 m2 per dwelling unit and a reduced width for a planting strip between a property line and driveway of 0.0 m for a property legally described as Concession 11 Pt Lot 26, in the Municipality of Middlesex Centre, County of Middlesex and is municipally known as 13178 Ilderton Road, be GRANTED; AND THAT the reasons for granting Minor Variance Application A-5/2023:  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 6:54 pm and Council resume their regular meeting; AND THAT Council move into Public Meetings at 6:54 pm pursuant to the Planning Act, R.S.O. 1990, as amended, to consider the applications listed on the March 15, 2023 Council agenda.

THAT Consent Application B-1/2023, filed by Jeff Crosby on behalf of Yolande McIntosh, in order to permit the adjustment of a boundary by conveying approximately 733.12 square metres from Part of Park Lot 9 Plan 47, Part 1 on Reference Plan 34R2205 to be merged with an abutting lot legally described as Part of Park Lot 9 Plan 47, Part 2 on Reference Plan 34R2205, in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 16 Victoria Street, be GRANTED; AND THAT Application for Consent B-1/2023 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 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-1/2023, 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, together with a deposited reference plan and a Schedule describing the land to be transferred for each parcel, for the purposes of the issuance of a Certificate of Consen

THAT the request by Baker Planning Group on behalf of 2270942 Ontario Limited to remove the (h-1) holding symbol from the zoning of the land known legally as part of Concession 2 PT Lot 6, Middlesex Centre, be APPROVED.

THAT Zoning By-law Amendment application (ZBA-02-2023) for a temporary use zone, filed by Karl Pfister, 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 15548 Nine Mile Road, be APPROVED; AND THAT the owner be required to enter into a Temporary Use Agreement with the Municipality and submit a total deposit of $15,000 to ensure the removal of the existing residence.

THAT the public meetings adjourn at 7:06 p.m. and Council resume their regular meeting;

WHEREAS the homeless crisis is taking a devastating toll on families and communities, undermining a healthy and prosperous Ontario; WHEREAS the homelessness crisis is the result of the underinvestment and poor policy choices of successive provincial governments; WHEREAS homelessness requires a range of housing, social service and health solutions from government; WHEREAS homelessness is felt most at the level of local government and the residents that they serve; WHEREAS municipalities and District Social Administration Boards are doing their part, but do not have the resources, capacity or tools to address this complex challenge; and, WHEREAS leadership and urgent action is needed from the provincial government on an emergency basis to develop, resource, and implement a comprehensive plan to prevent, reduce and ultimately end homelessness in Ontario. THEREFORE BE IT RESOLVED THAT the Municipality of Middlesex Centre calls on the Provincial Government to urgently: a. Acknowledge that homelessness in Ontario is a social, economic, and health crisis; b. Commit to ending homelessness in Ontario; c. Work with AMO and a broad range of community, health, Indigenous and economic partners to develop, resource, and implement an action plan to achieve this goal. AND FURTHER THAT a copy of this motion be sent to the Minister of Municipal Affairs and Housing; the Minister of Children, Community and Social Services; the Minister of Health; and to the Association of Municipalities of Ontar

THAT the Correspondence items 12.1 through to 12.7, listed on the March 15, 2023 agenda be received as information.

THAT the Council for the Municipality of Middlesex Centre adjourn to closed session at 7:19 p.m. pursuant to Section 239 (2) of the Municipal Act, 2001, as amended to discuss the following matters: Section 239 (2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; Section 239 (2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose;

THAT Council rise from closed session and return to open session at 7:42 p.m.

THAT By-law 2023-013 and By-laws 2023-028 through By-law 2023-033, listed on the March 15, 2023 agenda, be approved.

THAT the Council for the Municipality of Middlesex Centre adjourns the March 15, 2023 Council meeting at 7:44 p.m.