Regular Meeting of Council (Planning)

the minutes of the Middlesex Centre Council meeting held on March 6, 2024 be adopted as printed.

Consent items 6.1 through 6.4 listed on the March 20, 2024 agenda be adopted as recommended.

Report CAO-7-2024, re: Strategic Plan Progress Report Year 3 be received for information.

Council adjourn its regular meeting at 5:39 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 20, 2024 Council Agenda.

Minor Variance Application A-4/2024, filed by Ben Hyland c/o SBM Ltd. on behalf of London District Catholic School Board, for relief from the Comprehensive Zoning By-law to permit a reduced minimum parking requirement of 49 parking stalls for an institutional use for a property legally described as Part of Park Lot 13, Plan 47, Parts 1 & 2 and Part of Part 3 on Reference Plan 34R17494, in the Municipality of Middlesex Centre, County of Middlesex and is municipally known as 103 Wellington Street, be GRANTED. AND THAT the reasons for granting Minor Variance Application A-3/2024: 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-5/2024, filed by William Pol on behalf of Dekay Holdings Inc, to permit a motor vehicle service establishment in association with a farm vehicle sales and service establishment for a property legally described as Part of Lot 31, Concession 3, in the Municipality of Middlesex Centre, County of Middlesex, and is municipally known as 1830 Gainsborough Road, be GRANTED, subject to the following conditions: THAT the motor vehicle service establishment use shall only permit servicing of vehicles onsite specific to under-coating, and that no other servicing be permitted, AND THAT the owner enter into a site plan agreement for the intensification of use of the property, AND FURTHER THAT the reasons for granting Minor Variance Application A-5/2024 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-24/2023, filed by Steve Flanigan for relief from the Comprehensive Zoning By-law in order to permit an accessory building in the front yard, and permit an overall maximum size of 162.6 square metres, for a property legally described as Part of Lot 16, Concession 7, in the Municipality of Middlesex Centre, County of Middlesex, and municipally known as 24089 Bear Creek Road, be GRANTED, subject to the following conditions: THAT the accessory building be located in the same general location as shown on the plans; AND THAT the accessory building be setback a minimum of 10 metres from the north interior side yard; AND THAT the accessory building shall only be used for such uses as permitted in the Zoning By-law; AND FURTHER THAT the reasons for granting Minor Variance Application A-24/2023: 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-14/2023, filed by Luke Oslizlo for relief from the Comprehensive Zoning By-law in order to establish a maximum size of 142.69 square metres (1,535.9 ft 2 ) for all accessory buildings, permit the construction in the front yard, and increase the maximum permitted height to 7.6 metres, for a property legally described as P Part of Lot 28, Concession 15 South, in the Municipality of Middlesex Centre, County of Middlesex, and is municipally known as 23830 Denfield Road, be DENIED; AND THAT the reasons for denying Minor Variance Application A-1/2024 include the following: The request complies with the general intent and purpose of Middlesex Centre’s Official Plan; The request does not comply with the general intent and purpose of Middlesex Centre’s Comprehensive Zoning By-law; The request is not minor in nature; and The request is not considered appropriate development on the subject property.

Minor Variance Application A-3/2024, filed by Nathan Siemon on behalf of James Kok, for relief from the Comprehensive Zoning By-law in order to establish a maximum height for an accessory building of 9.7 metres for a property legally described as Part of Lot 7, Concession D, Part 2 on Reference Plan 33R1143, in the Municipality of Middlesex Centre, County of Middlesex and is municipally known as 11484 Miller Road, be GRANTED, subject to the following conditions: THAT the accessory building be located in the same general location as shown on the attached drawings. AND THAT the reasons for granting Minor Variance Application A-3/2024: 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 7:13 pm and Council resume their regular meeting; AND THAT Council move into Public Meetings at 7:14 pm pursuant to the Planning Act, R.S.O. 1990, as amended, to consider the applications listed on the March 20, 2024 Council agenda.

Consent Application B-2/2024, filed by Rina Vandenheuvel on behalf of Hillbro Farms Ltd in order to sever a residence surplus to a farm operation as a result of consolidation, from a lot legally described as Part of Lot 21, Concession 9 North, in the Municipality of Middlesex Centre, County of Middlesex, and is municipally known as 24538 New Ontario Road, be GRANTED; AND THAT Consent B-2/2024 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 met. 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-2/2024 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 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 Owner’s solicitor submit an undertaking in a form satisfactory to the Municipality to register an electronic transfer of title consistent with the Conse

the public meetings adjourn at 7:32 pm and Council resume their regular meeting;

the Correspondence items 12.1 through to 12.7 be received as information.

By-Law 2024-022 be adopted as printed. AND THAT Council confirms By-laws 2024-019 and 2024-020 in accordance with the OLT decision on lead case number OLT-23-000163

the Council for the Municipality of Middlesex Centre adjourn to closed session at 4:33 p.m. pursuant to Section 239 (2) of the Municipal Act, 2001, as amended to discuss the following matters: Section 239 (2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board (Potential Property Acquisition - Ward 1 and Potential Property Disposition - Ward 2)

Council rise from closed session and return to open session at 5:06 p.m.

THAT the Correspondence items 12.1 through to 12.7 be received as information

THAT the minutes of the Middlesex Centre Council meeting held on March 6, 2024 be adopted as printed.

THAT Consent items 6.1 through 6.4 listed on the March 20, 2024 agenda be adopted as recommended.

THAT Report CAO-7-2024, re: Strategic Plan Progress Report Year 3 be received for information.

THAT Consent Applications B-03/2022 and B-04/2022, filed by Leonard Beeler, Adrian Beeler, and Charlotte Beeler, in order to sever two residential lots from a 2,006 square metre (0.49 ac) residential property, in order to facilitate the construction of a single-detached dwelling on the severed lots, each having a frontage of approximately 17.67 metres (58 feet) along Delaware Street Central, a depth of 35.72 metres (117 feet) and an area of approximately 631 square metres (0.16 acres), and the retained a frontage of approximately 19.5 metres (64 feet), and an area of approximately 698 square metres (0.17 acres), from a property legally described as Lots 11 and 12, Block K, Plan 76, Municipality of Middlesex Centre; be GRANTED; AND THAT Consent B-03/2022 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 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-03/2022, and that this plan be approved by the Municipality prior to being deposited with the Land Registry Office. 4. That the Owne

THAT Council adjourn its regular meeting at 5:39 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 20, 2024 Council Agenda.

THAT Minor Variance Application A-4/2024, filed by Ben Hyland c/o SBM Ltd. on behalf of London District Catholic School Board, for relief from the Comprehensive Zoning By-law to permit a reduced minimum parking requirement of 49 parking stalls for an institutional use for a property legally described as Part of Park Lot 13, Plan 47, Parts 1 & 2 and Part of Part 3 on Reference Plan 34R17494, in the Municipality of Middlesex Centre, County of Middlesex and is municipally known as 103 Wellington Street, be GRANTED. AND THAT the reasons for granting Minor Variance Application A-3/2024:  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-5/2024, filed by William Pol on behalf of Dekay Holdings Inc, to permit a motor vehicle service establishment in association with a farm vehicle sales and service establishment for a property legally described as Part of Lot 31, Concession 3, in the Municipality of Middlesex Centre, County of Middlesex, and is municipally known as 1830 Gainsborough Road, be GRANTED, subject to the following conditions: THAT the motor vehicle service establishment use shall only permit servicing of vehicles onsite specific to under-coating, and that no other servicing be permitted, AND THAT the owner enter into a site plan agreement for the intensification of use of the property, AND FURTHER THAT the reasons for granting Minor Variance Application A-5/2024 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-24/2023, filed by Steve Flanigan for relief from the Comprehensive Zoning By-law in order to permit an accessory building in the front yard, and permit an overall maximum size of 162.6 square metres, for a property legally described as Part of Lot 16, Concession 7, in the Municipality of Middlesex Centre, County of Middlesex, and municipally known as 24089 Bear Creek Road, be GRANTED, subject to the following conditions: THAT the accessory building be located in the same general location as shown on the plans; AND THAT the accessory building be setback a minimum of 10 metres from the north interior side yard; AND THAT the accessory building shall only be used for such uses as permitted in the Zoning By-law; AND FURTHER THAT the reasons for granting Minor Variance Application A-24/2023:  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-14/2023, filed by Luke Oslizlo for relief from the Comprehensive Zoning By-law in order to establish a maximum size of 142.69 square metres (1,535.9 ft 2) for all accessory buildings, permit the construction in the front yard, and increase the maximum permitted height to 7.6 metres, for a property legally described as P Part of Lot 28, Concession 15 South, in the Municipality of Middlesex Centre, County of Middlesex, and is municipally known as 23830 Denfield Road, be DENIED; AND THAT the reasons for denying Minor Variance Application A-1/2024 include the following:  The request complies with the general intent and purpose of Middlesex Centre’s Official Plan;  The request does not comply with the general intent and purpose of Middlesex Centre’s Comprehensive Zoning By-law;  The request is not minor in nature; and  The request is not considered appropriate development on the subject property.

THAT Minor Variance Application A-3/2024, filed by Nathan Siemon on behalf of James Kok, for relief from the Comprehensive Zoning By-law in order to establish a maximum height for an accessory building of 9.7 metres for a property legally described as Part of Lot 7, Concession D, Part 2 on Reference Plan 33R1143, in the Municipality of Middlesex Centre, County of Middlesex and is municipally known as 11484 Miller Road, be GRANTED, subject to the following conditions: THAT the accessory building be located in the same general location as shown on the attached drawings. AND THAT the reasons for granting Minor Variance Application A-3/2024:  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 7:13 pm and Council resume their regular meeting; AND THAT Council move into Public Meetings at 7:14 pm pursuant to the Planning Act, R.S.O. 1990, as amended, to consider the applications listed on the March 20, 2024 Council agenda.

THAT Consent Application B-2/2024, filed by Rina Vandenheuvel on behalf of Hillbro Farms Ltd in order to sever a residence surplus to a farm operation as a result of consolidation, from a lot legally described as Part of Lot 21, Concession 9 North, in the Municipality of Middlesex Centre, County of Middlesex, and is municipally known as 24538 New Ontario Road, be GRANTED; AND THAT Consent B-2/2024 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 met. 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-2/2024 and that this plan be approved by the Municipality prior to being deposited with the Land Registry Office. 4. That the Owner’s 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 Owner’s solicitor submit an undertaking in a form satisfactory to the Municipality to register an electronic transfer of title consist

THAT Consent Application B-24/2023, filed by Zelinka Priamo Ltd on behalf of Cole Estate Farms Inc., in order to sever a residence surplus to a farm operation as a result of consolidation, from a lot legally described as Concession 7 N Part of Lot 7, in the Municipality of Middlesex Centre, County of Middlesex, and municipally known as 10181 Ivan Drive; be GRANTED subject to conditions. AND THAT Consent B-24/2023 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 met. 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-24/2023 and that this plan be approved by the Municipality prior to being deposited with the Land Registry Office. 4. That the Owner’s solicitor 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 Owner’s solicitor submit an undertaking in a form satisfactory to the Municipality to register an electronic transfer

THAT the public meetings adjourn at 7:32 pm and Council resume their regular meeting;

THAT By-Law 2024-022 be adopted as printed. AND THAT Council confirms By-laws 2024-019 and 2024-020 in accordance with the OLT decision on lead case number OLT-23-000163

THAT the Council for the Municipality of Middlesex Centre adjourn to closed session at 4:33 p.m. pursuant to Section 239 (2) of the Municipal Act, 2001, as amended to discuss the following matters: Section 239 (2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board (Potential Property Acquisition - Ward 1 and Potential Property Disposition - Ward 2)

THAT Council rise from closed session and return to open session at 5:06 p.m.