Regular Meeting of Council (Planning)

the Council for the Municipality of Middlesex Centre adjourn to closed session at 5:02 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 Acquisition of Property - Ward 1); Section 239 (2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board ( Ontario Land Tribunal Update - Ward 4 Development) ;

Council rise from closed session and return to open session at 5:21 p.m.

the Council for the Municipality of Middlesex Centre receives the Proskairos Drain Report from Mike DeVos of Spriet Associates dated April 17, 2023 and authorizes that the project proceed; AND THAT the Court of Revision will meet on September 20, 2023; AND FURTHER THAT Councillor Arts, 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 July 19, 2023 meeting of Council be adopted as printed.

Consent items 7.1 through 7.8 listed on the August 16, 2023 agenda be adopted as recommended.

Report CAO-23-2023, re: Surplus Property – Former Treatment Plant Property in Kilworth be received; AND THAT the property located at 22265 Jeffries Road

Council passes a resolution in support of the requested exemption from the condominium approval process as set out in 9(6) and 9(10) of the Condominium Act for the lands known as 10092 Oxbow Drive and known legally as Concession 3 Part Lot 6 RP 33R21086 and 33R7661, Municipality of Middlesex Centre, and that the resolution be forwarded to Middlesex County Council for consideration of the exemption request; AND THAT the Clerk forward the resolution to Middlesex County Council for consideration of the exemption request.

the annual Energy Consumption and Greenhouse Gas Emissions Report for 2021 be approved for publication.

Council receive report PWE 34-2023 Budget Overage for Bridge Rehabilitation for Information; AND THAT Council approve the overage to budgets; 23-3124 in the amount of $148,610.34, 23-3117 in the amount of $108,862.33, and 23-3122 in the amount of $49,784.33 as contained in this report for the total overage amount of $307,257.00;

Council adjourn its regular meeting at 6:14 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 August 16, 2023 Council Agenda.

Minor Variance Application A-13/2023, filed by Steve Middegaal on behalf of Thomas Sumpter for relief from the Comprehensive Zoning By-law in order to establish a maximum lot coverage of 43 percent for the single detached dwelling, whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum lot coverage of 40 percent, for a property legally described as Lot 63 on Plan 33M761, in the Municipality of Middlesex Centre, County of Middlesex, and municipally known as 412 Daventry Way, be GRANTED; AND THAT the reasons for granting Minor Variance Application A-13/2023: 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.

the Committee of Adjustment adjourn at 6:20 pm and Council resume thier regular meeting; AND THAT Council move into Public Meetings at 6:20 pm pursuant to the Planning Act, R.S.O. 1990, as amended, to consider the applications listed on the August 16, 2023 Council agenda.

Zoning By-law Amendment application (ZBA-11-2023) for a temporary use zone, filed by Trish Brennan on behalf of James Brennan and Percy Brennan, 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 13082 Medway 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.

Zoning By-law Amendment application (ZBA-10-2023) for a temporary use zone, filed by Bridlewood Homes on behalf of Scott McGregor and Lori Borsato, 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 25117 Poplar Hill 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.

Consent Application B-16/2023 to establish a sanitary maintenance and access easement in favour of the severed lands conditionally approved in severance application B-14/2022 and B-4/2023, described as Part 4 on the attached severance plan on the lands legally described as Lot 57 to 58, Plan 55 in the Municipality of Middlesex Centre, County of Middlesex and municipally known as 115 Prince Street, Komoka, be GRANTED. FURTHER THAT Consent B-16/2023 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-16/2023 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 purposes of the issuance of a Certificate of Consent. That the Owners’ solicitor submit an undertaking in a form satisfactory to the Municipality to regis

the Zoning By-law Amendment application, as filed by Jack Sousa on behalf of Shmuel Farhi, and recommended for amendment by staff in order to rezone the property known municipally as 24072 Richmond Street and 14434 Sixteen Mile Road from Surplus Residence (SR) and Agricultural – No Residences (A3) to the site-specific Agricultural (A1-48) zone, be APPROVED; and that the zoning by-law be brought forward following the merger of the two lots subject to the zoning by-law amendment and confirmation from the applicant’s solicitor that the severed lot of Consent B-5/16 may not be transferred without a further consent from the Municipality. Consent Cancellation Recommendation: 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.

the public meetings adjourn at 6:48 pm and Council resume their regular meeting;

the Correspondence items 13.1 through to 13.5 listed on the August 16,2023 agenda be received as information.

By-Laws 2023-085 through to 2023-097 listed on the August 16, 2023 agenda be approved.

the Council for the Municipality of Middlesex Centre adjourns the August 16, 2023 Council meeting at 6:56 p.m.

THAT the Council for the Municipality of Middlesex Centre adjourn to closed session at 5:02 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 Acquisition of Property - Ward 1); Section 239 (2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board (Ontario Land Tribunal Update - Ward 4 Development);

THAT Council rise from closed session and return to open session at 5:21 p.m.

THAT the Council for the Municipality of Middlesex Centre receives the Proskairos Drain Report from Mike DeVos of Spriet Associates dated April 17, 2023 and authorizes that the project proceed; AND THAT the Court of Revision will meet on September 20, 2023; AND FURTHER THAT Councillor Arts, 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 July 19, 2023 meeting of Council be adopted as printed.

THAT Consent items 7.1 through 7.8 listed on the August 16, 2023 agenda be adopted as recommended.

THAT Report CAO-23-2023, re: Surplus Property – Former Treatment Plant Property in Kilworth be received; AND THAT the property located at 22265 Jeffries Road referred to as the Former Kilworth Treatment Plant be declared surplus; AND FURTHER THAT staff proceed with the sale of the subject lands with funds to be invested in the Build Middlesex Centre Reserve Fund.

THAT Council passes a resolution in support of the requested exemption from the condominium approval process as set out in 9(6) and 9(10) of the Condominium Act for the lands known as 10092 Oxbow Drive and known legally as Concession 3 Part Lot 6 RP 33R21086 and 33R7661, Municipality of Middlesex Centre, and that the resolution be forwarded to Middlesex County Council for consideration of the exemption request; AND THAT the Clerk forward the resolution to Middlesex County Council for consideration of the exemption request.

THAT the annual Energy Consumption and Greenhouse Gas Emissions Report for 2021 be approved for publication.

THAT Council receive report PWE 34-2023 Budget Overage for Bridge Rehabilitation for Information; AND THAT Council approve the overage to budgets; 23-3124 in the amount of $148,610.34, 23-3117 in the amount of $108,862.33, and 23- 3122 in the amount of $49,784.33 as contained in this report for the total overage amount of $307,257.00;

THAT Council adjourn its regular meeting at 6:14 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 August 16, 2023 Council Agenda.

THAT the Committee of Adjustment adjourn at 6:20 pm and Council resume thier regular meeting; AND THAT Council move into Public Meetings at 6:20 pm pursuant to the Planning Act, R.S.O. 1990, as amended, to consider the applications listed on the August 16, 2023 Council agenda.

THAT Zoning By-law Amendment application (ZBA-11-2023) for a temporary use zone, filed by Trish Brennan on behalf of James Brennan and Percy Brennan, 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 13082 Medway 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.

THAT Zoning By-law Amendment application (ZBA-10-2023) for a temporary use zone, filed by Bridlewood Homes on behalf of Scott McGregor and Lori Borsato, 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 25117 Poplar Hill 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.

THAT Consent Applications B-15/2023, filed by Stewart Findlater on behalf of Lucas and Patricia Oslizlo in order to sever a residential lot from a 2 acre (0.83 hectare) residential property to facilitate the construction of a single-detached dwelling on the severed lot, with the severed lot having a front of approximately 44.8 metres (147 feet) along Denfield Road (CR 20), a depth of 82.5 metres (270 feet) and an area of approximately 0.92 acres (0.37 hectares), and the retained a frontage of approximately 55.8 metres (183 feet) along Denfield Road (CR 20), a depth of 81.9 metres (268 feet) and an area of approximately 1.13 acres (0.45 hectares), from a property legally described as Part of Lot 28, Concession 15 South, in the Municipality of Middlesex Centre, County of Middlesex; be GRANTED; AND THAT Consent B-15/2023 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 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-15/2023 and that this plan be approved by the Municipality prior to

THAT the Zoning By-law Amendment application, as filed by Jack Sousa on behalf of Shmuel Farhi, and recommended for amendment by staff in order to rezone the property known municipally as 24072 Richmond Street and 14434 Sixteen Mile Road from Surplus Residence (SR) and Agricultural – No Residences (A3) to the site-specific Agricultural (A1-48) zone, be APPROVED; and that the zoning by-law be brought forward following the merger of the two lots subject to the zoning by-law amendment and confirmation from the applicant’s solicitor that the severed lot of Consent B-5/16 may not be transferred without a further consent from the Municipality. Consent Cancellation Recommendation: 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 the public meetings adjourn at 6:48 pm and Council resume their regular meeting;

THAT the Correspondence items 13.1 through to 13.5 listed on the August 16,2023 agenda be received as information.

THAT By-Laws 2023-085 through to 2023-097 listed on the August 16, 2023 agenda be approved.

THAT the Council for the Municipality of Middlesex Centre adjourns the August 16, 2023 Council meeting at 6:56 p.m.