Regular Meeting of Council (Planning)

the Council for the Municipality of Middlesex Centre receives the Fisher Watt Municipal Drain Report from Mike DeVos of Spriet Associates dated November 10, 2023 and authorizes that the project proceed; AND THAT the Court of Revision will meet on March 6, 2024; 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.

the minutes of the Council meeting held on January 10, 2024 be adopted as printed

Consent items 6.1 through 6.6 listed on the January 24, 2024 agenda be adopted as recommended.

Report CPS-05-2024, re: Tangible Capital Asset Policy be received; AND THAT Council endorse the updated Tangible Capital Asset Policy attached as Appendix A1.

Consent Application B-22/2021, filed by Husam Almadani, on behalf of 13322068 Canada Inc, in order to sever a residential lot with a frontage of approximately 27.7 metres (90.8 feet) on Railway Ave and an area of approximately 848.5 square metres (0.2 acres), and the retained parcel a frontage of approximately 27.7 metres (90.8 feet) on Railway Ave with an area of 848.5 square metres (0.2 acres), on a property legally described as Part of Lot 6, Concession 2, in the County of Middlesex, Municipality of Middlesex Centre, and municipally known as 165 Railway Ave; be GRANTED. AND THAT Consent B-22/2021 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-22/2021 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

Council adjourn its regular meeting at 6:10 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 January 24, 2024 Council Agenda.

Minor Variance Application A-44/2023, filed by Steve Flanigan for relief from the Comprehensive Zoning By-law in order to permit a reduced interior side yard setback for an accessory building, 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 proposed reduction to the interior side yard only apply to the south interior side yard of the lot. AND 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-25/2023, filed by Judith Ann Russell and Richard Dennis Russell, in order to expand a legal non-conforming use by rebuilding a structure

the Committee of Adjustment adjourn at 6:30 pm and Council resume thier regular meeting; AND THAT Council move into Public Meetings at 6:30 pm pursuant to the Planning Act, R.S.O. 1990, as amended, to consider the applications listed on the January 24, 2024 Council agenda.

Zoning By-law Amendment ZBA-19-2023, filed by Kelly and Karl Bulitka, to rezone the property known as 13433 Ilderton Road from ‘Urban Residential First Density (UR1) Zone’ to ‘Urban Residential Second Density (UR2) Zone’, 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.

the public meetings adjourn at 6:38 pm and Council resume their regular meeting;

the Correspondence items 12.1 through 12.3 listed on the January 24, 2024 agenda be received as information.

WHEREAS, municipal public works departments from across the Province of Ontario provide invaluable services to our communities ensuring the health and safety of all residents; AND WHEREAS, if it was not for our municipal public works employees from across the Province of Ontario maintaining our public roads systems, our communities would not be able to function as emergency personnel could not respond to calls, school buses could not get our children to school, residents would not be able to get to work, school or appointments and many more basic functions would not be able to happen; AND WHEREAS, municipal public works departments are already feeling the impacts of a labour shortage, which will only be exasperated over the next three to five years, which will cause levels of service municipalities are able to provide to ensure the health and safety of our residents to decrease; AND WHEREAS, there is currently no provincial-wide course that properly trains potential municipal public works employees, specifically relating to municipal heavy equipment. THEREFORE IT BE RESOLVED, that Middlesex Centre supports the work of the Association of Ontario Road Supervisors to develop a Municipal Equipment Operator Course to address this issue; AND THAT, Middlesex Centre calls on the Province of Ontario’s Ministry of Labour, Training, Immigration and Skilled Trades to fully fund the Municipal Equipment Operator Course in 2024 through the Skills Development Fund; AND THAT, a copy of this r

the Council for the Municipality of Middlesex Centre adjourn to closed session at 6:43 pm pursuant to Section 239 (2) of the Municipal Act, 2001, as amended to discuss the following matters: Section 239 (2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board (Ontario Land Tribunal - Summary of Active Appeals and Litigation Update - Ward 4 Development); Section 239 (2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Litigation Update - Ward 4 Development);

Council rise from closed session and return to open session at 7:24 p.m.

By-Laws 2024-004 through 2024-010 listed on the January 24, 2024 Council meeting be adopted as printed

the Council for the Municipality of Middlesex Centre adjourns the January 24, 2024 Council meeting at 7:25 p.m.

THAT the Correspondence items 12.1 through 12.3 listed on the January 24, 2024 agenda be received as information

THAT the Council for the Municipality of Middlesex Centre receives the Fisher Watt Municipal Drain Report from Mike DeVos of Spriet Associates dated November 10, 2023 and authorizes that the project proceed; AND THAT the Court of Revision will meet on March 6, 2024; 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.

THAT the minutes of the Council meeting held on January 10, 2024 be adopted as printed

THAT Consent items 6.1 through 6.6 listed on the January 24, 2024 agenda be adopted as recommended.

THAT Report CPS-05-2024, re: Tangible Capital Asset Policy be received; AND THAT Council endorse the updated Tangible Capital Asset Policy attached as Appendix A1.

THAT Consent Application B-22/2021, filed by Husam Almadani, on behalf of 13322068 Canada Inc, in order to sever a residential lot with a frontage of approximately 27.7 metres (90.8 feet) on Railway Ave and an area of approximately 848.5 square metres (0.2 acres), and the retained parcel a frontage of approximately 27.7 metres (90.8 feet) on Railway Ave with an area of 848.5 square metres (0.2 acres), on a property legally described as Part of Lot 6, Concession 2, in the County of Middlesex, Municipality of Middlesex Centre, and municipally known as 165 Railway Ave; be GRANTED. AND THAT Consent B-22/2021 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-22/2021 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 tra

THAT Council adjourn its regular meeting at 6:10 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 January 24, 2024 Council Agenda.

THAT Minor Variance Application A-44/2023, filed by Steve Flanigan for relief from the Comprehensive Zoning By-law in order to permit a reduced interior side yard setback for an accessory building, 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 proposed reduction to the interior side yard only apply to the south interior side yard of the lot. AND 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-25/2023, filed by Judith Ann Russell and Richard Dennis Russell, in order to expand a legal non-conforming use by rebuilding a structure lost to fire and increasing its size by approximately 228 m2 (2,454 ft2), and locating it approximately 40 m north of the previous building for a property legally known as Concession 3 Part lot 11 RP 33R15225 Parts 6 to 10, Municipality of Middlesex Centre, County of Middlesex, and municipally known as 4605 Woodhull Road, be GRANTED subject to the following conditions: THAT a site plan agreement has been entered into with the Corporation for the lands as a result of the expansion and relocation of an existing building or use on the land prior to any development on the land; AND THAT prior to development on the land the Owner shall obtain any required permits from the Ministry of Transportation; AND FURTHER THAT the reasons for granting Minor Variance Application A-25/2023 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 the Committee of Adjustment adjourn at 6:30 pm and Council resume thier regular meeting; AND THAT Council move into Public Meetings at 6:30 pm pursuant to the Planning Act, R.S.O. 1990, as amended, to consider the applications listed on the January 24, 2024 Council agenda.

THAT Zoning By-law Amendment ZBA-19-2023, filed by Kelly and Karl Bulitka, to rezone the property known as 13433 Ilderton Road from ‘Urban Residential First Density (UR1) Zone’ to ‘Urban Residential Second Density (UR2) Zone’, 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.

THAT the public meetings adjourn at 6:38 pm and Council resume their regular meeting;

THAT the Council for the Municipality of Middlesex Centre adjourn to closed session at 6:43 pm pursuant to Section 239 (2) of the Municipal Act, 2001, as amended to discuss the following matters: Section 239 (2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board (Ontario Land Tribunal - Summary of Active Appeals and Litigation Update - Ward 4 Development); Section 239 (2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Litigation Update - Ward 4 Development);

THAT By-Laws 2024-004 through 2024-010 listed on the January 24, 2024 Council meeting be adopted as printed

THAT the Council for the Municipality of Middlesex Centre adjourns the January 24, 2024 Council meeting at 7:25 p.m.