The Middlesex Centre Record

Regular Meeting of Council (Planning)

February 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 (30 motions)

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

Council approve the changes to the February 16, 2022 Council meeting as noted under Additions to the Agenda.
Moved by Councillor Heffernan, seconded by Councillor Scott
Carried
the Council for the Municipality of Middlesex Centre receives the Bell Municipal Drain Report from Mikes Devos of Spriet Associates dated December 21, 2021 and authorizes that the project proceed; AND THAT the Court of Revision will meet on March 16, 2022; AND FURTHER THAT Councillor Aerts, Councillor Shipley, and Deputy Mayor Brennan be appointed to sit as the members of the Court of Revision with Deputy Mayor Brennan being the Chair.
Moved by Councillor Aerts, seconded by Councillor Heffernan
Carried
the Council for the Municipality of Middlesex Centre receives the Ward Municipal Drain Report from Brad Bunke of GM BluePlan Engineering dated February 16, 2022 and authorizes that the project proceed; AND THAT the Court of Revision will meet on March 16, 2022; AND FURTHER THAT Councillor Heffernan, Councillor Shipley, and Deputy Mayor Brennan be appointed to sit as the members of the Court of Revision with Deputy Mayor Brennan being the Chair.
Moved by Councillor Shipley, seconded by Councillor Aerts
Carried
the minutes of the Council meeting held on February 2, 2022 be adopted as printed.
Moved by Councillor Heffernan, seconded by Councillor Scott
Carried
Consent Items 6.1 through 6.6 listed on the Agenda for February 16, 2022 be adopted as recommended.
Moved by Councillor Cates, seconded by Councillor Heffernan
Carried
Report PWE-05-2022, re: Budget Amendment for Replacement Grader Purchase be received; AND THAT the purchase of a replacement Grader be awarded to Toromont CAT in the amount of $459,263.60 (excluding HST); AND THAT the 2022 Budget be amended to add a new capital cost of $459,263.60 plus the non-refundable HST portion with the funds to be taken from the General Vehicles and Equipment Reserve Fund; AND THAT the existing 2009 Volvo Motor Grader, Unit 3318 be disposed of in accordance with the Municipality’s Policy for disposing of fleet vehicles; AND FURTHER THAT the Mayor and Clerk be authorized to execute any necessary documents.
Moved by Councillor Cates, seconded by Councillor Shipley
Carried
Council adjourn its regular meeting 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 February 16, 2022 Council Agenda
Moved by Councillor Scott, seconded by Councillor Cates
Carried
Minor Variance Application A-44/2021, filed by Phil Pattyn, for relief from the Comprehensive Zoning By-law’s maximum size, and height of an accessory building, where the applicant is requesting a maximum size of 330.58 square metres (3558.3 square feet) or 0.66 percent lot coverage, whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum size of the lesser of 50.0 square metres (538.0 square feet) of gross floor area or three percent (3%) lot coverage for all accessory buildings, and to permit a maximum height of 8.3 metres (27.2 feet), whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum height of 5.5 metres (18 feet), for a lot legally described as Part of Lot 15, Plan 305, in the Municipality of Middlesex Centre, in the County of Middlesex, and municipally known as 131 Harris Road, be GRANTED subject to the following conditions; THAT the accessory buildings be constructed in the same general location as specified in the application submission; AND THAT the accessory building be built substantially in accordance with the plans submitted and attached to the report; AND THAT the Owner warrants that the accessory building shall only be used for the explicit purpose of storage and accessory uses related to the residence on the lands and shall not contain a dwelling unit or home occupation / commercial or industrial use. AND FURTHER THAT the reasons for granting Minor Variance Application A-44/2021 include: The request complies with the
Moved by Councillor Scott, seconded by Councillor Cates
Carried
Files: A-44/2021
Minor Variance Application A-1/2022, filed by Johnny Nyssen, for relief from the Comprehensive Zoning By-law in order to establish a maximum size for all accessory buildings on the land of 65.4 square metres (704 square feet) or 3.7 percent lot coverage, whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum size of the lesser of 55.0 m2 (592 ft2) of gross floor area for accessory buildings located on a lot with an area less than 2,000 m2 (0.50 ac), for a property legally described as Part of Lot 17, Concession 10 North, in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 14227 Ilderton Road, be GRANTED; subject to the following condition: AND 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-1/2021 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 Heffernan
Carried
Council move into Public Meeting at 6:53 p.m. pursuant to the Planning Act, as amended, to consider the applications listed on the February 16, 2022 Council Agenda
Moved by Councillor Scott, seconded by Councillor Cates
Carried
Consent Application B-23/2021, filed by Sayed Shahabi, on behalf of Sharon and Mark Lapointe, in order to sever and convey as a lot addition a 1.6 acres (0.65 hectares) parcel of land from 3611 Woodhill Road, to be added an existing property known municipally as 3657 Woodhull Road, from a property legally described as Part of Lot 6, Concession 3 E, Lot 13 of REG COMP Plan 427, in the County of Middlesex, Municipality of Middlesex Centre; be GRANTED AND THAT Application for Consent B-23/2021 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-23/2021, 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 the purposes of the issuance of a Certificate of Consent. That the Owners’ solicitor submit an undertaking in a f
Moved by Councillor Cates, seconded by Councillor Scott
Carried
Files: B-23/2021
Report PLA-8-2022 regarding Plan of Condominium application 39T-MC-CDM2103 for Concession 1, Part of Lots 7 and 8, be RECEIVED FOR INFORMATION.
Moved by Councillor Cates, seconded by Councillor Scott
Carried
the Correspondence items 11.1 through 11.4 be received as information.
Moved by Councillor Scott, seconded by Councillor Heffernan
Carried
By-Laws 2022-017 through 2022-021 be adopted as printed.
Moved by Councillor Aerts, seconded by Councillor Shipley
Carried
the Council for the Municipality of Middlesex Centre adjourns the February 16, 2022 Council meeting at 7:48 p.m.
Moved by Councillor Cates, seconded by Councillor Scott
Carried
THAT the Correspondence items 11.1 through 11.4 be received as information
Moved by Councillor Scott, seconded by Councillor Heffernan
Carried
THAT Council approve the changes to the February 16, 2022 Council meeting as noted under Additions to the Agenda.
Moved by Councillor Heffernan, seconded by Councillor Scott
Carried
THAT the Council for the Municipality of Middlesex Centre receives the Bell Municipal Drain Report from Mikes Devos of Spriet Associates dated December 21, 2021 and authorizes that the project proceed; AND THAT the Court of Revision will meet on March 16, 2022; AND FURTHER THAT Councillor Aerts, Councillor Shipley, and Deputy Mayor Brennan be appointed to sit as the members of the Court of Revision with Deputy Mayor Brennan being the Chair.
Moved by Councillor Aerts, seconded by Councillor Heffernan
Carried
THAT the Council for the Municipality of Middlesex Centre receives the Ward Municipal Drain Report from Brad Bunke of GM BluePlan Engineering dated February 16, 2022 and authorizes that the project proceed; AND THAT the Court of Revision will meet on March 16, 2022; AND FURTHER THAT Councillor Heffernan, Councillor Shipley, and Deputy Mayor Brennan be appointed to sit as the members of the Court of Revision with Deputy Mayor Brennan being the Chair.
Moved by Councillor Shipley, seconded by Councillor Aerts
Carried
THAT the minutes of the Council meeting held on February 2, 2022 be adopted as printed.
Moved by Councillor Heffernan, seconded by Councillor Scott
Carried
THAT Consent Items 6.1 through 6.6 listed on the Agenda for February 16, 2022 be adopted as recommended.
Moved by Councillor Cates, seconded by Councillor Heffernan
Carried
THAT Report PWE-05-2022, re: Budget Amendment for Replacement Grader Purchase be received; AND THAT the purchase of a replacement Grader be awarded to Toromont CAT in the amount of $459,263.60 (excluding HST); AND THAT the 2022 Budget be amended to add a new capital cost of $459,263.60 plus the non-refundable HST portion with the funds to be taken from the General Vehicles and Equipment Reserve Fund; AND THAT the existing 2009 Volvo Motor Grader, Unit 3318 be disposed of in accordance with the Municipality’s Policy for disposing of fleet vehicles; AND FURTHER THAT the Mayor and Clerk be authorized to execute any necessary documents.
Moved by Councillor Cates, seconded by Councillor Shipley
Carried
THAT Council adjourn its regular meeting 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 February 16, 2022 Council Agenda
Moved by Councillor Scott, seconded by Councillor Cates
Carried
THAT Minor Variance Application A-44/2021, filed by Phil Pattyn, for relief from the Comprehensive Zoning By-law’s maximum size, and height of an accessory building, where the applicant is requesting a maximum size of 330.58 square metres (3558.3 square feet) or 0.66 percent lot coverage, whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum size of the lesser of 50.0 square metres (538.0 square feet) of gross floor area or three percent (3%) lot coverage for all accessory buildings, and to permit a maximum height of 8.3 metres (27.2 feet), whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum height of 5.5 metres (18 feet), for a lot legally described as Part of Lot 15, Plan 305, in the Municipality of Middlesex Centre, in the County of Middlesex, and municipally known as 131 Harris Road, be GRANTED subject to the following conditions; THAT the accessory buildings be constructed in the same general location as specified in the application submission; AND THAT the accessory building be built substantially in accordance with the plans submitted and attached to the report; AND THAT the Owner warrants that the accessory building shall only be used for the explicit purpose of storage and accessory uses related to the residence on the lands and shall not contain a dwelling unit or home occupation / commercial or industrial use. AND FURTHER THAT the reasons for granting Minor Variance Application A-44/2021 include:  The request complies wi
Moved by Councillor Scott, seconded by Councillor Cates
Carried
THAT Minor Variance Application A-1/2022, filed by Johnny Nyssen, for relief from the Comprehensive Zoning By-law in order to establish a maximum size for all accessory buildings on the land of 65.4 square metres (704 square feet) or 3.7 percent lot coverage, whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum size of the lesser of 55.0 m2 (592 ft2) of gross floor area for accessory buildings located on a lot with an area less than 2,000 m2 (0.50 ac), for a property legally described as Part of Lot 17, Concession 10 North, in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 14227 Ilderton Road, be GRANTED; subject to the following condition: AND 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-1/2021 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 Heffernan
Carried
THAT Council move into Public Meeting at 6:53 p.m. pursuant to the Planning Act, as amended, to consider the applications listed on the February 16, 2022 Council Agenda
Moved by Councillor Scott, seconded by Councillor Cates
Carried
THAT Consent Application B-23/2021, filed by Sayed Shahabi, on behalf of Sharon and Mark Lapointe, in order to sever and convey as a lot addition a 1.6 acres (0.65 hectares) parcel of land from 3611 Woodhill Road, to be added an existing property known municipally as 3657 Woodhull Road, from a property legally described as Part of Lot 6, Concession 3 E, Lot 13 of REG COMP Plan 427, in the County of Middlesex, Municipality of Middlesex Centre; be GRANTED AND THAT Application for Consent B-23/2021 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-23/2021, 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 the purposes of the issuance of a Certificate of Consent. 5. That the Owners’ solicitor submit a
Moved by Councillor Cates, seconded by Councillor Scott
Carried
THAT Report PLA-8-2022 regarding Plan of Condominium application 39T-MC-CDM2103 for Concession 1, Part of Lots 7 and 8, be RECEIVED FOR INFORMATION.
Moved by Councillor Cates, seconded by Councillor Scott
Carried
THAT By-Laws 2022-017 through 2022-021 be adopted as printed.
Moved by Councillor Aerts, seconded by Councillor Shipley
Carried
THAT the Council for the Municipality of Middlesex Centre adjourns the February 16, 2022 Council meeting at 7:48 p.m.
Moved by Councillor Cates, seconded by Councillor Scott
Carried

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