The Middlesex Centre Record

Regular Meeting of Council (Planning)

February 15, 2023

Who was there

Present (6): Hugh Aerts, Frank Berze, John Brennan, Sue Cates, Heffernan, Wayne Shipley

Absent (1): Aina DeViet

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 (33 motions)

29 carried, 4 recorded otherwise. Every motion below is printed as the minutes print it.

the minutes of the Council meeting held on February 1, 2023 be adopted as printed.
Moved by Councillor Cates, seconded by Councillor Berze
Carried
Consent items 6.1 through 6.5 listed on the February 15, 2023 agenda be adopted as recommended.
Moved by Councillor Heffernan, seconded by Councillor Cates
Carried
Report CPS-13-2023, re: Organizational Service Delivery Review be received; AND THAT the recommendations contained in the Plan be reviewed on an annual basis as part of the Municipality’s budget deliberations.
Moved by Councillor Shipley, seconded by Councillor Aerts
Carried
Report CAO-5-2023, re: Municipal Office Renovation Project be received; AND THAT the project budget be approved, as amended, for a total cost of $5,716,689.00; THAT Council approve amending the Reserve and Reserve Fund Policy to include an additional reserve fund; Municipal Office Build Fund; AND THAT the Director of Corporate Services be directed to amend the existing policy effective February 15, 2023; AND FURTHER THAT the transfer from the following reserve funds to the Municipal Office Build Fund be approved. $1,400,000 from the Building Department Reserve Fund; and $1,500,000 from the Build Middlesex Reserve Fund; and $250,000 from the Administrative Support Reserve Fund; and $2,566,689 from the Buildings and Facilities Reserve Fund.
Moved by Councillor Aerts, seconded by Councillor Shipley
Carried
Official Plan Amendment application (OPA 50), filed by Zelinka Priamo Ltd. on behalf of 756949 Ontario Limited, to redesignate the lands from “Settlement Commercial” to “Medium Density Residential” be ADOPTED; AND THAT Zoning By-law Amendment application (ZBA-09-2020), filed by Zelinka Priamo Ltd. on behalf of 756949 Ontario Limited, to rezone the land from ‘Highway Commercial exception 9 (C2-9)’ to a site-specific ‘Urban Residential Third Density (UR3)’ zone be
Moved by Councillor Aerts, seconded by Councillor Shipley
Deferred
report PLA-10-2023 regarding Official Plan Amendment application (File: OPA 57), filed by Knutson Development Consultants Inc. on behalf of Sweid Holdings Inc., for lands known as 6, 10, and 14 Elmhurst Street be REFUSED. AND THAT the reasons for refusing Official Plan Amendment application (File: OPA 57) include: The request is not consistent with the Provincial Policy Statement, 2020; The request does not conform to the Middlesex County Official Plan; and, The request does not conform to the Middlesex Centre Official Plan. AND THAT report PLA-10-2023 regarding Zoning By-law Amendment application (File: ZBA-16-2021), filed by Knutson Development Consultants Inc. on behalf of Sweid Holdings Inc., for lands known as 6, 10, and 14 Elmhurst Street be REFUSED. AND THAT the reasons for refusing Zoning By-law Amendment application (File: ZBA-16-2021) include: The request is not consistent with the Provincial Policy Statement, 2020; The request does not conform to the Middlesex County Official Plan; and, The request does not conform to the Middlesex Centre Official Plan. AND THAT the County of Middlesex be advised that Middlesex Centre recommends REFUSAL of Plan of Condominium application (File: 39T-MC-CDM2101), filed by Knutson Development Consultants Inc. on behalf of Sweid Holdings Inc., for the lands known as 6, 10, and 14 Elmhurst Street. AND FURTHER THAT the reasons for refusing Plan of Condominium application (File: 39T-MC-CDM2101) include: The request is not consistent with
Moved by Councillor Cates, seconded by Councillor Berze
Carried
Council adjourn its regular meeting at 7:07 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 February 15, 2023 Council Agenda.
Moved by Councillor Cates, seconded by Councillor Berze
Carried
Minor Variance Application A-3/2021, filed by Danielle and Sean Kennelly for relief from the Comprehensive Zoning By-law in order to establish an interior side yard setback of 1.2 metres (4 feet) on one side, whereas the By-law requires a minimum interior side yard setback of 2.0 metres (7 feet) on one side and 3.0 metres (10 feet) on the other side; for a property legally described as Lot 47 to 48, Part of Lot 64 and 64, Plan 55, in the Municipality of Middlesex Centre, County of Middlesex and is municipally known as 130 Arthur Street, be GRANTED; AND THAT the reasons for granting Minor Variance Application A-1/2023: 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.
Moved by Councillor Shipley, seconded by Councillor Cates
Carried
the Committee of Adjustment adjourn at 7:15 pm and Council resume their regular meeting; AND THAT Council move into Public Meetings at 7:15 pm pursuant to the Planning Act, R.S.O. 1990, as amended, to consider the applications listed on the February 15, 2023 Council agenda.
Moved by Councillor Aerts, seconded by Councillor Heffernan
Carried
Zoning By-law Amendment application (ZBA-11-2023), as amended, filed by Robert Sanderson on behalf of Victoria Sanderson, Rob Sanderson and Lisa Sanderson, to rezone the lands from ‘Hamlet Residential First Density exception 1 (HR1-1)’ and ‘Institutional’ to ‘Hamlet Residential First Density exception 15 (HR1-15)’ and ‘Hamlet Residential First Density exception 16 (HR1-16)’ zones for the land known municipally as 2 Park Crescent and V/L Park Crescent, Municipality of Middlesex Centre, be APPROVED, and that the implementing By-law be forwarded to Council for consideration once a deposited reference plan has been provided to the satisfaction of the Municipality.
Moved by Councillor Cates, seconded by Councillor Aerts
Carried
Council pass the Part Lot Control Exemption By-law with respect to the subject lands, 33M-673 Blocks 32 and 33, as generally illustrated on Attachment 1, and to expire two (2) years following passing by Council; AND THAT the By-law be forwarded to the County of Middlesex for approval.
Moved by Councillor Cates, seconded by Councillor Berze
Carried
the Official Plan Amendment No. 60 for the land legally described as Concession 14 N Pt Lot 31, Municipality of Middlesex Centre (former Township of London), be ADOPTED and forwarded to the County of Middlesex for consideration of approval; AND THAT the Zoning By-law Amendment application, as amended, filed Baker Planning Group on behalf of Stanley and Judy Henderson, to rezone the subject property from the ‘Agricultural (A1)’ zone to the site-specific ‘Agricultural (A1-41)’ zone for the property legally described as Concession 14 N Pt Lot 31 (former Township of London), Municipality of Middlesex Centre, be APPROVED.
Moved by Councillor Shipley, seconded by Councillor Berze
Carried
Zoning By-law Amendment application (ZBA-01-2023) for a temporary use zone, filed by Bickell Built Homes Limited on behalf of Jamie Aldrich and Sarah Donaldson, 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 15292 Fourteen Mile Road, be APPROVED; AND THAT the owners be required to enter into a Temporary Use Agreement with the Municipality and submit a deposit of $10,000 to ensure the removal of the existing residence.
Moved by Councillor Shipley, seconded by Councillor Berze
Carried
Zoning By-law Amendment application ZBA-14-2023, filed by 2225660 Ontario Limited, to 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
Moved by Councillor Shipley, seconded by Councillor Berze
Deferred
the public meetings adjourn at 7:49 pm and Council resume their regular meeting;
Moved by Councillor Heffernan, seconded by Councillor Aerts
Carried
the Correspondence items 12.1 through to 12.16 listed on the February 15, 2023 Council agenda be received as information.
Moved by Councillor Shipley, seconded by Councillor Heffernan
Carried
By-Laws 2023-016 through 2023-023 listed on the February 15, 2023 Council agenda be adopted as printed.
Moved by Councillor Heffernan, seconded by Councillor Berze
Carried
the Council for the Municipality of Middlesex Centre adjourns the February 15, 2023 Council meeting at 8:06 p.m.
Moved by Councillor Shipley, seconded by Councillor Cates
Carried
THAT the minutes of the Council meeting held on February 1, 2023 be adopted as printed.
Moved by Councillor Cates, seconded by Councillor Berze
Carried
THAT Consent items 6.1 through 6.5 listed on the February 15, 2023 agenda be adopted as recommended.
Moved by Councillor Heffernan, seconded by Councillor Cates
Carried
THAT Report CPS-13-2023, re: Organizational Service Delivery Review be received; AND THAT the recommendations contained in the Plan be reviewed on an annual basis as part of the Municipality’s budget deliberations.
Moved by Councillor Shipley, seconded by Councillor Aerts
Carried
THAT Report CAO-5-2023, re: Municipal Office Renovation Project be received; AND THAT the project budget be approved, as amended, for a total cost of $5,716,689.00; THAT Council approve amending the Reserve and Reserve Fund Policy to include an additional reserve fund; Municipal Office Build Fund; AND THAT the Director of Corporate Services be directed to amend the existing policy effective February 15, 2023; AND FURTHER THAT the transfer from the following reserve funds to the Municipal Office Build Fund be approved.  $1,400,000 from the Building Department Reserve Fund; and  $1,500,000 from the Build Middlesex Reserve Fund; and  $250,000 from the Administrative Support Reserve Fund; and  $2,566,689 from the Buildings and Facilities Reserve Fund.
Moved by Councillor Aerts, seconded by Councillor Shipley
Carried
THAT Official Plan Amendment application (OPA 50), filed by Zelinka Priamo Ltd. on behalf of 756949 Ontario Limited, to redesignate the lands from “Settlement Commercial” to “Medium Density Residential” be ADOPTED; AND THAT Zoning By-law Amendment application (ZBA-09-2020), filed by Zelinka Priamo Ltd. on behalf of 756949 Ontario Limited, to rezone the land from ‘Highway Commercial exception 9 (C2-9)’ to a site-specific ‘Urban Residential Third Density (UR3)’ zone be
Moved by Councillor Aerts, seconded by Councillor Shipley
Deferred
THAT report PLA-10-2023 regarding Official Plan Amendment application (File: OPA 57), filed by Knutson Development Consultants Inc. on behalf of Sweid Holdings Inc., for lands known as 6, 10, and 14 Elmhurst Street be REFUSED. AND THAT the reasons for refusing Official Plan Amendment application (File: OPA 57) include:  The request is not consistent with the Provincial Policy Statement, 2020;  The request does not conform to the Middlesex County Official Plan; and,  The request does not conform to the Middlesex Centre Official Plan. AND THAT report PLA-10-2023 regarding Zoning By-law Amendment application (File: ZBA-16-2021), filed by Knutson Development Consultants Inc. on behalf of Sweid Holdings Inc., for lands known as 6, 10, and 14 Elmhurst Street be REFUSED. AND THAT the reasons for refusing Zoning By-law Amendment application (File: ZBA-16-2021) include:  The request is not consistent with the Provincial Policy Statement, 2020;  The request does not conform to the Middlesex County Official Plan; and,  The request does not conform to the Middlesex Centre Official Plan. AND THAT the County of Middlesex be advised that Middlesex Centre recommends REFUSAL of Plan of Condominium application (File: 39T- MC-CDM2101), filed by Knutson Development Consultants Inc. on behalf of Sweid Holdings Inc., for the lands known as 6, 10, and 14 Elmhurst Street. AND FURTHER THAT the reasons for refusing Plan of Condominium application (File: 39T-MC-CDM2101) include:  The request is
Moved by Councillor Cates, seconded by Councillor Berze
Carried
THAT Council adjourn its regular meeting at 7:07 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 February 15, 2023 Council Agenda.
Moved by Councillor Cates, seconded by Councillor Berze
Carried
THAT Minor Variance Application A-3/2021, filed by Danielle and Sean Kennelly for relief from the Comprehensive Zoning By-law in order to establish an interior side yard setback of 1.2 metres (4 feet) on one side, whereas the By-law requires a minimum interior side yard setback of 2.0 metres (7 feet) on one side and 3.0 metres (10 feet) on the other side; for a property legally described as Lot 47 to 48, Part of Lot 64 and 64, Plan 55, in the Municipality of Middlesex Centre, County of Middlesex and is municipally known as 130 Arthur Street, be GRANTED; AND THAT the reasons for granting Minor Variance Application A-1/2023:  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.
Moved by Councillor Shipley, seconded by Councillor Cates
Carried
THAT the Committee of Adjustment adjourn at 7:15 pm and Council resume their regular meeting; AND THAT Council move into Public Meetings at 7:15 pm pursuant to the Planning Act, R.S.O. 1990, as amended, to consider the applications listed on the February 15, 2023 Council agenda.
Moved by Councillor Aerts, seconded by Councillor Heffernan
Carried
THAT Council pass the Part Lot Control Exemption By-law with respect to the subject lands, 33M-673 Blocks 32 and 33, as generally illustrated on Attachment 1, and to expire two (2) years following passing by Council; AND THAT the By-law be forwarded to the County of Middlesex for approval.
Moved by Councillor Cates, seconded by Councillor Berze
Carried
THAT Zoning By-law Amendment application (ZBA-01-2023) for a temporary use zone, filed by Bickell Built Homes Limited on behalf of Jamie Aldrich and Sarah Donaldson, 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 15292 Fourteen Mile Road, be APPROVED; AND THAT the owners be required to enter into a Temporary Use Agreement with the Municipality and submit a deposit of $10,000 to ensure the removal of the existing residence.
Moved by Councillor Shipley, seconded by Councillor Berze
Carried
THAT Zoning By-law Amendment application ZBA-14-2023, filed by 2225660 Ontario Limited, to 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
Moved by Councillor Shipley, seconded by Councillor Berze
Deferred
THAT the public meetings adjourn at 7:49 pm and Council resume their regular meeting;
Moved by Councillor Heffernan, seconded by Councillor Aerts
Carried
THAT the Correspondence items 12.1 through to 12.16 listed on the February 15, 2023 Council agenda be received as information.
Moved by Councillor Shipley, seconded by Councillor Heffernan
Carried
THAT the Council for the Municipality of Middlesex Centre adjourns the February 15, 2023 Council meeting at 8:06 p.m.
Moved by Councillor Shipley, seconded by Councillor Cates
Carried

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