Regular Meeting of Council (Planning)

Council adjourn its regular meeting in order to sit as the Court of Revision under Section 97 of the Drainage Act, as amended, to consider the Komoka Drain - Union Avenue Branch with members Councillor Aerts, Councillor Cates and Mayor DeViet in the Chair.

the Middlesex Centre Court of Revision approves the Schedule of Assessment for the Komoka Municipal Drain – Union Avenue Branch as noted on the Revised Schedule of Estimated Assessments dated September 8, 2021; AND THAT the schedule of assessment provisionally adopted via By-Law 2021-076 be replaced with the Revised Schedule of Estimated Assessments dated September 8, 2021 and the corresponding by-law be forwarded to Council for a final reading.

the Court of Revision adjourn at 4:37 and Council resume their regular meeting.

the minutes of the Middlesex Centre Council meeting held on October 13, 2021 be adopted as printed.

Items 7.1 through 7.8 listed on the Consent Agenda for October 27, 2021 be adopted as recommended.

Report PWE 32-2021, re: Municipal Lighting be received; AND THAT Council confirms utilization of existing standards and By-laws as it relates to Municipal Lighting.

Council adjourn its regular meeting at 6:00 pm in order to sit as a Committee of Adjustment under Section 45 of The Planning Act R.S.O., 1990, as amended, to consider the Minor Variance applications listed on the October 27, 2021 Agenda.

Minor Variance Application A-25/2020, filed by Callon Dietz Land Surveyors on behalf of David Walker 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 200 m 2 (2,152.7 ft 2 ), whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum size of the lesser of 50.0 m 2 (538.0 ft 2 ) of gross floor area or three percent (3%) lot coverage for all accessory buildings, and to permit a maximum height of 8.8m (28.8 ft), whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum height of 5.5m (18 ft), for a lot legally described as Part of Lot 14, Plan 305, in the Municipality of Middlesex Centre, in the County of Middlesex, and municipally known as 147 Harris Road, be GRANTED subject to the following conditions; AND THAT the accessory buildings be constructed in the same general location as specified in the application submission; AND FURTHER THAT the reasons for granting Minor Variance Application A-25/2020 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-31/2021, filed by Frank Lepore, for relief from the Comprehensive Zoning By-law in order to establish a maximum size of 125 square metres (1,345 square feet) or 6 percent lot coverage for all accessory buildings, whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum size of the lesser of 50.0 m2 (538.0 ft2) of gross floor area or three percent (3%) lot coverage, for a property legally described as Lot 11 to 12, Block B, Plan 76, in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 111 Erie Ave, be GRANTED; AND THAT the reasons for granting Minor Variance Application A-31/2021: 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-32/2021, filed by Zelinka Priamo Ltd. (Matt Campbell), on behalf of Try Recycling (S/L) Inc, for relief from the Comprehensive Zoning By-law in order to permit an interpretation of a defined use, that being a Recycling Facility, to permit organics recycling, including materials such as food waste, in addition to those products currently included in the definition, for a property legally described as Part of Lot 4, Concession 6 North, in the Township of Middlesex Centre, County of Middlesex, and municipally known as 21462 Clarke Road, be GRANTED, subject to the following conditions: THAT the interpretation applied to the term ‘organics’ shall not include the recycling of biosolids (e.g. sanitary waste) and / or deadstock. AND THAT the reasons for granting Minor Variance Application A-32/2021: 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-5/2021, filed by Luke Oslizlo on behalf of Jason Borbath, for relief from the Comprehensive Zoning By-law in order to establish an interior side yard and rear yard setback of 0.6 metres (2 feet) on the north interior side yard and rear yard setback of 0.6 metres (2 feet) for an accessory building, whereas the Middlesex Centre Comprehensive Zoning By-law requires a minimum interior side yard and rear yard setback for an accessory building of 1.5 metres (4.9 feet); and to permit a maximum size of 42.3 square metres (455 square feet) for the accessory building, whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum size of the lesser of 50.0 m2 (538.0 ft2) of gross floor area or three percent (3%) lot coverage, for a property legally described as Lot 11, Plan 33M572 in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 126 Prince Street, be GRANTED; AND THAT the reasons for granting Minor Variance Application A-33/2021: 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-34/2021, filed by Thomas Weishar, on behalf of Reinier and Debra Janssen, for relief from the Comprehensive Zoning By-law, in order to establish a reduced Minimum Distance Separation l for a new single detached dwelling from an existing livestock facility at 78.72 metres, whereas Middlesex Centre Comprehensive Zoning By-law based on Minimum Distance Separation l calculations would require a minimum of 181 metres to a new single detached dwelling, for a property legally described as Part of Lot 5, Concession 13, in the Municipality of Middlesex Centre, County of Middlesex, be GRANTED; AND THAT the reasons for granting Minor Variance Application A-34/2021: 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.

Committee of Adjustment reconvene as Council to move into Planning Public Meetings pursuant to the Planning Act, R.S.O. 1990, as amended, to consider the planning applications listed on the October 27, 2021 Council Agenda.

Report PLA-82-2021 regarding the Official Plan Amendment No. 56 and ZBA-14-2021 for the lands known as 10432 Melrose Drive, be RECEIVED FOR INFORMATION.

the direction by Council to place a Holding Symbol (h-2), which the precondition for the removal of the holding symbol shall be a site plan agreement entered into with the Municipality, on the lands known as 10915, 10929 and 1157 Longwoods Road, and legally known as Concession 1 Part Lot 6 RP 33R17432 Part 9, former Township of Delaware, Middlesex Centre, be APPROVED.

Report PLA-92-2021 regarding the proposed Plan of Subdivision (File: 39T-MC0204) and Zoning By-law Amendment (File: ZBA 2017) for lands known as 45 Springer Street, be RECEIVED FOR INFORMATION.

Zoning By-law Amendment Application (ZBA-18-2021), filed by Paul Willer on behalf of Margaret Corsaut for the severed and retained lands of consent application B-23/20 in order to implement the severance of a surplus farm residence, be APPROVED .

Report PLA-81-2021 regarding the Official Plan Amendment (OPA 46) and Zoning By-law Amendment (File: ZBA 20 2019) for lands known as 22447 Komoka Road, be RECEIVED FOR INFORMATION.

Report PLA-83-2021 regarding Zoning By-law Amendment application (ZBA-16-2021), Official Plan Amendment application (OPA 57), and Plan of Condominium application (39T-MC-CDM2101) filed by LDS Consultants Inc. on behalf of Sweid Holdings Inc., for lands known as 6, 10, and 14 Elmhurst Street in Kilworth be RECEIVED FOR INFORMATION.

the Correspondence items 12.1 through to 12.6 be received as information.

By-Law 2021-087 and By-Laws 2021-095 through 2021-098 be adopted as printed.

the Council for the Municipality of Middlesex Centre adjourns the October 27, 2021 Council meeting at 10:12 p.m.

THAT the Middlesex Centre Court of Revision approves the Schedule of Assessment for the Komoka Municipal Drain – Union Avenue Branch as noted on the Revised Schedule of Estimated Assessments dated September 8, 2021; AND THAT the schedule of assessment provisionally adopted via By-Law 2021-076 be replaced with the Revised Schedule of Estimated Assessments dated September 8, 2021 and the corresponding by-law be forwarded to Council for a final reading.

THAT the Court of Revision adjourn at 4:37 and Council resume their regular meeting.

THAT the minutes of the Middlesex Centre Council meeting held on October 13, 2021 be adopted as printed.

THAT Items 7.1 through 7.8 listed on the Consent Agenda for October 27, 2021 be adopted as recommended.

THAT Report PWE 32-2021, re: Municipal Lighting be received; AND THAT Council confirms utilization of existing standards and By-laws as it relates to Municipal Lighting.

THAT Council adjourn its regular meeting at 6:00 pm in order to sit as a Committee of Adjustment under Section 45 of The Planning Act R.S.O., 1990, as amended, to consider the Minor Variance applications listed on the October 27, 2021 Agenda.

THAT Minor Variance Application A-25/2020, filed by Callon Dietz Land Surveyors on behalf of David Walker 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 200 m2 (2,152.7 ft2), whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum size of the lesser of 50.0 m2 (538.0 ft2) of gross floor area or three percent (3%) lot coverage for all accessory buildings, and to permit a maximum height of 8.8m (28.8 ft), whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum height of 5.5m (18 ft), for a lot legally described as Part of Lot 14, Plan 305, in the Municipality of Middlesex Centre, in the County of Middlesex, and municipally known as 147 Harris Road, be GRANTED subject to the following conditions; AND THAT the accessory buildings be constructed in the same general location as specified in the application submission; AND FURTHER THAT the reasons for granting Minor Variance Application A-25/2020 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-31/2021, filed by Frank Lepore, for relief from the Comprehensive Zoning By-law in order to establish a maximum size of 125 square metres (1,345 square feet) or 6 percent lot coverage for all accessory buildings, whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum size of the lesser of 50.0 m2 (538.0 ft2) of gross floor area or three percent (3%) lot coverage, for a property legally described as Lot 11 to 12, Block B, Plan 76, in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 111 Erie Ave, be GRANTED; AND THAT the reasons for granting Minor Variance Application A- 31/2021:  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-32/2021, filed by Zelinka Priamo Ltd. (Matt Campbell), on behalf of Try Recycling (S/L) Inc, for relief from the Comprehensive Zoning By-law in order to permit an interpretation of a defined use, that being a Recycling Facility, to permit organics recycling, including materials such as food waste, in addition to those products currently included in the definition, for a property legally described as Part of Lot 4, Concession 6 North, in the Township of Middlesex Centre, County of Middlesex, and municipally known as 21462 Clarke Road, be GRANTED, subject to the following conditions: THAT the interpretation applied to the term ‘organics’ shall not include the recycling of biosolids (e.g. sanitary waste) and / or deadstock. AND THAT the reasons for granting Minor Variance Application A- 32/2021:  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-5/2021, filed by Luke Oslizlo on behalf of Jason Borbath, for relief from the Comprehensive Zoning By-law in order to establish an interior side yard and rear yard setback of 0.6 metres (2 feet) on the north interior side yard and rear yard setback of 0.6 metres (2 feet) for an accessory building, whereas the Middlesex Centre Comprehensive Zoning By-law requires a minimum interior side yard and rear yard setback for an accessory building of 1.5 metres (4.9 feet); and to permit a maximum size of 42.3 square metres (455 square feet) for the accessory building, whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum size of the lesser of 50.0 m2 (538.0 ft2) of gross floor area or three percent (3%) lot coverage, for a property legally described as Lot 11, Plan 33M572 in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 126 Prince Street, be GRANTED; AND THAT the reasons for granting Minor Variance Application A- 33/2021:  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-34/2021, filed by Thomas Weishar, on behalf of Reinier and Debra Janssen, for relief from the Comprehensive Zoning By-law, in order to establish a reduced Minimum Distance Separation l for a new single detached dwelling from an existing livestock facility at 78.72 metres, whereas Middlesex Centre Comprehensive Zoning By-law based on Minimum Distance Separation l calculations would require a minimum of 181 metres to a new single detached dwelling, for a property legally described as Part of Lot 5, Concession 13, in the Municipality of Middlesex Centre, County of Middlesex, be GRANTED; AND THAT the reasons for granting Minor Variance Application A- 34/2021:  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 Committee of Adjustment reconvene as Council to move into Planning Public Meetings pursuant to the Planning Act, R.S.O. 1990, as amended, to consider the planning applications listed on the October 27, 2021 Council Agenda.

THAT Report PLA-82-2021 regarding the Official Plan Amendment No. 56 and ZBA-14-2021 for the lands known as 10432 Melrose Drive, be RECEIVED FOR INFORMATION.

THAT the direction by Council to place a Holding Symbol (h-2), which the precondition for the removal of the holding symbol shall be a site plan agreement entered into with the Municipality, on the lands known as 10915, 10929 and 1157 Longwoods Road, and legally known as Concession 1 Part Lot 6 RP 33R17432 Part 9, former Township of Delaware, Middlesex Centre, be APPROVED.

THAT Report PLA-92-2021 regarding the proposed Plan of Subdivision (File: 39T-MC0204) and Zoning By-law Amendment (File: ZBA 2017) for lands known as 45 Springer Street, be RECEIVED FOR INFORMATION.

THAT Zoning By-law Amendment Application (ZBA-18-2021), filed by Paul Willer on behalf of Margaret Corsaut for the severed and retained lands of consent application B-23/20 in order to implement the severance of a surplus farm residence, be APPROVED.

THAT Report PLA-81-2021 regarding the Official Plan Amendment (OPA 46) and Zoning By-law Amendment (File: ZBA 20 2019) for lands known as 22447 Komoka Road, be RECEIVED FOR INFORMATION.

THAT Report PLA-83-2021 regarding Zoning By-law Amendment application (ZBA-16-2021), Official Plan Amendment application (OPA 57), and Plan of Condominium application (39T-MC-CDM2101) filed by LDS Consultants Inc. on behalf of Sweid Holdings Inc., for lands known as 6, 10, and 14 Elmhurst Street in Kilworth be RECEIVED FOR INFORMATION.

THAT the Correspondence items 12.1 through to 12.6 be received as information.

THAT the Council for the Municipality of Middlesex Centre adjourns the October 27, 2021 Council meeting at 10:12 p.m.