Regular Meeting of Council (Planning)

the Council for the Municipality of Middlesex Centre receives the Saker Drain Report from Spriet Associates and authorizes that the project proceed; AND THAT the Court of Revision will meet on July 3, 2024; AND FURTHER THAT Councillor Berze, Councillor Aerts and Deputy Mayor Brennan be appointed to sit as the members of the Court of Revision with Deputy Mayor Brennan being the Chair.

Council adjourn its regular meeting at 5:36 p.m. to sit as the Court of Revision for the Nixon Stokes Drain. Members of the Court of Revision are Deputy Mayor Brennan, Councillor Heffernan, and Councillor Shipley, with Deputy Mayor Brennan being the Chair.

the Middlesex Centre Court of Revision approves the Schedule of Assessment for the Nixon Stokes Municipal Drain provisionally adopted by By-Law 2024-031 as outlined in the report prepared by Spriet Associates; AND THAT the corresponding by-law be forwarded to Council for a final reading; AND FURTHER THAT the Court of Revision for the Nixon Stokes Drain adjourn at 5:37 p.m.

the Middlesex Centre Court of Revision adjusts the assement of the Belair/Boros property as recommended by the drainage engineer based on the property area reduction noted therein; AND THAT the Middlesex Centre Court of Revision approves an ammended schedule of assessment for the Needham Municipal Drain as outlined in the report prepared by GM Blue Plan and associates AND THAT the outstanding funds resulting from the reassessment of the Belair/Boros property in the amount of $740 be applied to the Tweleve Mile Road owned by the Municipality of Middlesex Centre; AND THAT the corresponding by-law be forwarded to Council for a final reading; AND FURTHER THAT the Court of Revision for the Needham Drain adjourn at 6:13 p.m. and Council resume their regular meeting.

the Council for the Municipality of Middlesex Centre move into a public Meeting in accordance with Section 12 of the Development Charges Act.

report CPS-32-2024, Development Charge Study 2024 – Public Meeting be received; AND THAT the public meeting for the 2024 Development Charge Study adjourn at 7:07 pm and Council resume their regular meeting;

the minutes of the special council meeting held on May 8, 2024 be adopted as printed. AND THAT the minutes of the regular council meeting held on May 1, 2024 be adopted as printed.

Consent items 8.1 through 8.9 listed on the May 22, 2024 agenda be adopted as recommended.

Council approve amending the Reserve and Reserve Fund Policy to include an additional reserve fund; Municipal Drains Reserve Fund; AND THAT Council approve amending the Reserve and Reserve Fund Policy to include an additional reserve fund; Security Deposits Reserve Fund; AND THAT Council approve transferring in $55,618.05 into the Security Deposits Reserve Fund for 2024; AND THAT Council approve amending the Reserve and Reserve Fund Policy to include an additional reserve fund; Development Charge Exemptions Reserve Fund; AND THAT Council approve amending the Reserve and Reserve Fund Policy to include administrative clean up items addressed in this report; AND THAT Council approve closing the Safe Restart Reserve Fund; AND THAT Council approves the Reserve and Reserve Policy as attached to this report, CPS-29, 2024.

the transfer to reserve funds in 2023 for the development charge exemption reserve fund in the amount of $1,000,000.00 be approved; AND THAT the transfer to reserve funds in 2023 for the roads capital reserve fund in the amount of $183,655.00 be approved; AND THAT the transfer to reserve funds in 2023 for the municipal drains reserve fund in the amount of $200,000.00 be approved; AND THAT the transfer to reserve funds in 2023 for the tax rate stabilization reserve fund in the amount of $516,000.00 be approved; AND THAT the transfer to reserve funds in 2023 for the buildings and facilities reserve fund in the amount of $100,000.00 be approved; AND THAT the transfer to reserve funds in 2023 for the legal reserve fund in the amount of $150,000.00 be approved; AND THAT the transfer to reserve funds in 2023 for the build Middlesex centre reserve fund in the amount of $375,000.00 be approved; AND FURTHER THAT any remaining portion of the 2023 surplus be allocated to the roads capital reserve fund.

Report CPS-29-2024, re: Development Charges Treasurer Statement for 2023 be received and posted on the website.

as permitted under section 53(45) of the Planning Act, the Clerk be authorized to issue a Certificate of Cancellation confirming that Subsection 50(12) of the Planning Act does not apply in respect of the land, and that Subsection 50(3) or (5) applies to a subsequent conveyance or other transaction involving the land, authorizing the lands to remerge while removing their rights to be conveyed without further future consent.

Council Report PWE 22-2024, re: Longwoods Road Pedestrian Crossover be received for information; AND THAT Council amend the 2024 budget to include a pedestrian crossover on Longwoods Road with the funding of $95,000 to be funded from the Delaware Hydro Reserve Fund.

Council adjourn its regular meeting at 7:35 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 May 22, 2024 Council Agenda.

Minor Variance Application A-6/2024, filed by Bailey Van Praet for relief from the Comprehensive Zoning By-law in order to establish a minimum front yard setback of 11.25 metres (37 feet), whereas the Zoning By-law requires a minimum setback of 15 metres (49 feet), for a property legally described as Part of Lot 8, Concession 2, Part 2 of Reference Plan 33R13722, in the Municipality of Middlesex Centre, County of Middlesex and is municipally known as 22596 Coldstream Road, be GRANTED

Minor Variance Application A-7/2024, filed by Zelinka Primao Ltd c/o Katelyn Crowley on behalf of Orange Rock Developments for relief from the Municipality’s Comprehensive Zoning By-law’s minimum interior side yard setback to 3.5 metres (11.48 feet), whereas the Zoning By-law requires a minimum interior side yard setback of 6.0 (18 feet), for a lot legally described as Part of Block 60, Plan 33M656, in the Municipality of Middlesex Centre, County of Middlesex, be GRANTED AND THAT the reduced interior side yard setback only apply to the lands identified as Part 2 on the attached reference plan.

the Committee of Adjustment adjourn at 7:46 pm and Council resume thier regular meeting; AND THAT Council move into Public Meetings at 7:47 pm pursuant to the Planning Act, R.S.O. 1990, as amended, to consider the applications listed on the May 22, 2024 Council agenda.

Zoning By-law Amendment application (ZBA-1-2024) for a temporary use zone, filed by Bailey Van Praet and Karen Van Praet, 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 22596 Coldstream 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 Official Plan Amendment No. 64, filed by Brock Development Group on behalf of Arjang and Carol Yazdani, for the land legally described as Concession 6 S Pt Lot 28 (former Township of London) and known as 2312 Sunningdale Road W, Municipality of Middlesex Centre, be REFUSED; AND THAT the Zoning By-law Amendment application, filed by Brock Development Group on behalf of Arjang and Carol Yazdani, to rezone the subject land from the ‘Agricultural (A1)(t-1)’ zone to a new site-specific ‘Agricultural (A1-x)(t-1)’ zone for the land legally described as Concession 6 S Pt Lot 28 (former Township of London) and known as 2312 Sunningdale Road W, Municipality of Middlesex Centre, be REFUSED .

Zoning By-law Amendment application ZBA-3-2024, filed by Siv-ik Planning & Design on behalf of Annaert Holdings Inc., to rezone the subject land from the ‘Agricultural (A1)’ zone to the ‘Farm Industrial exception 4 (M3-4)’ and ‘Agricultural exception 51 (A1-51)’ zones for the land legally described as Concession 7 PT Lot 25 and RP 33R13380 Part 3 (former Township of London) and known as 21631 Hyde Park Road, Municipality of Middlesex Centre, be APPROVED.

the public meetings adjourn at 8:35 pm and Council resume their regular meeting;

the Correspondence items 14.1 through 14.10 listed on the May 22, 2024 Council agenda be received as information.

By-Laws 2024-043 through 2024-047 listed on the May 22, 2024 agenda be approved.

the Council for the Municipality of Middlesex Centre adjourns the May 22, 2024 Council meeting at 8:36 p.m.

THAT the Correspondence items 14.1 through 14.10 listed on the May 22, 2024 Council agenda be received as information

THAT the Council for the Municipality of Middlesex Centre receives the Saker Drain Report from Spriet Associates and authorizes that the project proceed; AND THAT the Court of Revision will meet on July 3, 2024; AND FURTHER THAT Councillor Berze, Councillor Aerts and Deputy Mayor Brennan be appointed to sit as the members of the Court of Revision with Deputy Mayor Brennan being the Chair.

THAT Council adjourn its regular meeting at 5:36 p.m. to sit as the Court of Revision for the Nixon Stokes Drain. Members of the Court of Revision are Deputy Mayor Brennan, Councillor Heffernan, and Councillor Shipley, with Deputy Mayor Brennan being the Chair.

THAT the Middlesex Centre Court of Revision approves the Schedule of Assessment for the Nixon Stokes Municipal Drain provisionally adopted by By-Law 2024-031 as outlined in the report prepared by Spriet Associates; AND THAT the corresponding by-law be forwarded to Council for a final reading; AND FURTHER THAT the Court of Revision for the Nixon Stokes Drain adjourn at 5:37 p.m.

THAT the Middlesex Centre Court of Revision adjusts the assement of the Belair/Boros property as recommended by the drainage engineer based on the property area reduction noted therein; AND THAT the Middlesex Centre Court of Revision approves an ammended schedule of assessment for the Needham Municipal Drain as outlined in the report prepared by GM Blue Plan and associates AND THAT the outstanding funds resulting from the reassessment of the Belair/Boros property in the amount of $740 be applied to the Tweleve Mile Road owned by the Municipality of Middlesex Centre; AND THAT the corresponding by-law be forwarded to Council for a final reading; AND FURTHER THAT the Court of Revision for the Needham Drain adjourn at 6:13 p.m. and Council resume their regular meeting.

THAT the Council for the Municipality of Middlesex Centre move into a public Meeting in accordance with Section 12 of the Development Charges Act.

THAT report CPS-32-2024, Development Charge Study 2024 – Public Meeting be received; AND THAT the public meeting for the 2024 Development Charge Study adjourn at 7:07 pm and Council resume their regular meeting;

THAT the minutes of the special council meeting held on May 8, 2024 be adopted as printed. AND THAT the minutes of the regular council meeting held on May 1, 2024 be adopted as printed.

THAT Consent items 8.1 through 8.9 listed on the May 22, 2024 agenda be adopted as recommended.

THAT the transfer to reserve funds in 2023 for the development charge exemption reserve fund in the amount of $1,000,000.00 be approved; AND THAT the transfer to reserve funds in 2023 for the roads capital reserve fund in the amount of $183,655.00 be approved; AND THAT the transfer to reserve funds in 2023 for the municipal drains reserve fund in the amount of $200,000.00 be approved; AND THAT the transfer to reserve funds in 2023 for the tax rate stabilization reserve fund in the amount of $516,000.00 be approved; AND THAT the transfer to reserve funds in 2023 for the buildings and facilities reserve fund in the amount of $100,000.00 be approved; AND THAT the transfer to reserve funds in 2023 for the legal reserve fund in the amount of $150,000.00 be approved; AND THAT the transfer to reserve funds in 2023 for the build Middlesex centre reserve fund in the amount of $375,000.00 be approved; AND FURTHER THAT any remaining portion of the 2023 surplus be allocated to the roads capital reserve fund.

THAT Report CPS-29-2024, re: Development Charges Treasurer Statement for 2023 be received and posted on the website.

THAT as permitted under section 53(45) of the Planning Act, the Clerk be authorized to issue a Certificate of Cancellation confirming that Subsection 50(12) of the Planning Act does not apply in respect of the land, and that Subsection 50(3) or (5) applies to a subsequent conveyance or other transaction involving the land, authorizing the lands to remerge while removing their rights to be conveyed without further future consent.

THAT Council Report PWE 22-2024, re: Longwoods Road Pedestrian Crossover be received for information; AND THAT Council amend the 2024 budget to include a pedestrian crossover on Longwoods Road with the funding of $95,000 to be funded from the Delaware Hydro Reserve Fund.

THAT Council adjourn its regular meeting at 7:35 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 May 22, 2024 Council Agenda.

THAT Minor Variance Application A-6/2024, filed by Bailey Van Praet for relief from the Comprehensive Zoning By-law in order to establish a minimum front yard setback of 11.25 metres (37 feet), whereas the Zoning By-law requires a minimum setback of 15 metres (49 feet), for a property legally described as Part of Lot 8, Concession 2, Part 2 of Reference Plan 33R13722, in the Municipality of Middlesex Centre, County of Middlesex and is municipally known as 22596 Coldstream Road, be GRANTED

THAT Minor Variance Application A-7/2024, filed by Zelinka Primao Ltd c/o Katelyn Crowley on behalf of Orange Rock Developments for relief from the Municipality’s Comprehensive Zoning By-law’s minimum interior side yard setback to 3.5 metres (11.48 feet), whereas the Zoning By-law requires a minimum interior side yard setback of 6.0 (18 feet), for a lot legally described as Part of Block 60, Plan 33M656, in the Municipality of Middlesex Centre, County of Middlesex, be GRANTED AND THAT the reduced interior side yard setback only apply to the lands identified as Part 2 on the attached reference plan.

THAT the Committee of Adjustment adjourn at 7:46 pm and Council resume thier regular meeting; AND THAT Council move into Public Meetings at 7:47 pm pursuant to the Planning Act, R.S.O. 1990, as amended, to consider the applications listed on the May 22, 2024 Council agenda.

THAT the Official Plan Amendment No. 64, filed by Brock Development Group on behalf of Arjang and Carol Yazdani, for the land legally described as Concession 6 S Pt Lot 28 (former Township of London) and known as 2312 Sunningdale Road W, Municipality of Middlesex Centre, be REFUSED; AND THAT the Zoning By-law Amendment application, filed by Brock Development Group on behalf of Arjang and Carol Yazdani, to rezone the subject land from the ‘Agricultural (A1)(t-1)’ zone to a new site-specific ‘Agricultural (A1-x)(t-1)’ zone for the land legally described as Concession 6 S Pt Lot 28 (former Township of London) and known as 2312 Sunningdale Road W, Municipality of Middlesex Centre, be REFUSED.

THAT Zoning By-law Amendment application ZBA-3-2024, filed by Siv-ik Planning & Design on behalf of Annaert Holdings Inc., to rezone the subject land from the ‘Agricultural (A1)’ zone to the ‘Farm Industrial exception 4 (M3-4)’ and ‘Agricultural exception 51 (A1-51)’ zones for the land legally described as Concession 7 PT Lot 25 and RP 33R13380 Part 3 (former Township of London) and known as 21631 Hyde Park Road, Municipality of Middlesex Centre, be APPROVED.

THAT Consent Application B-6/2024 filed by Kelly and Karl Bulitka in order to sever a residential lot with a frontage of approximately 12.1 metres (39.7 feet) on Ilderton Road, and an area of approximately 420.1 square metres (4520 square feet), and the retained a frontage of approximately 12.1 metres (39.7 feet) on Ilderton Road, and an area of approximately 420.1 square metres (4520 square feet), for a property legally described as Lot 24, Concession 10, in the Municipality of Middlesex Centre, County of Middlesex, and is municipally known as 13433 Ilderton Road; be GRANTED. AND THAT Consent B-6/2024 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 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-6/2024, 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 tran

Consent File B-4/2024 Recommendation: THAT Consent Application B-4/2024, filed by Janet Gibbons c/o Cohen Highley LLP, on behalf of Nicolaas and Colleen Wiendels, 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 7, Concession 12 South, in the Municipality of Middlesex Centre, County of Middlesex, and is municipally known as 10214 Greystead Drive, be GRANTED. FURTHER THAT Consent B-4/2024 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-4/2024 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 satisfactor

THAT the public meetings adjourn at 8:35 pm and Council resume their regular meeting;

THAT By-Laws 2024-043 through 2024-047 listed on the May 22, 2024 agenda be approved.

THAT the Council for the Municipality of Middlesex Centre adjourns the May 22, 2024 Council meeting at 8:36 p.m.