Regular Meeting of Council (Planning)

the Council for the Municipality of Middlesex Centre adjourn to closed session at 5:31 p.m. 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 (OLT Tribunal Decision - Ward 1 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 5:54 p.m.

Council for the Municipality of Middlesex Centre does hereby amend Middlesex Centre Comprehensive Zoning By-law No. 2005-005 and site specific By-law 2021-059 as set out in Attachment 1 and its Schedule A, as requested by the Municipality and approved by the Ontario Land Tribunal in Case No. OLT-21-001233 by Order on June 9, 2023; and AND THAT the Council for the Municipality of Middlesex Centre does hereby remove Holding symbol (h-2) on 311 George Street.

the 2022 Audited Draft Financial Statements for the Municipality of Middlesex Centre be adopted as printed.

the minutes of the June 7, 2023 meeting of Council be adopted as printed.

Consent items 7.1 through 7.5 listed on the June 21, 2023 agenda be adopted as recommended.

Report CPS-32-2023, re: 2024 Budget Process be received; AND THAT Councillor Cates and Councillor Berze be appointed to the budget working group for the 2024 budget and join municipal staff during budget discussions during September, October and November 2023.

THAT Zoning By-law Amendment application (ZBA-09-2020), as amended, 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 exception 27 (UR3-27) (h-2) (h-3) (h-7)’ zone be APPROVED.

Consent Application B-10/2023, filed by 1879517 ON LTD (Henk-Annie Vandenberg), in order to sever a residence surplus to a farm operation as a result of consolidation on a lot with a frontage of approximately 84.3 metres (276 feet) on Nine Mile Road and an area of approximately 1.1 acres (0.44 hectares), from a lot legally described as Part of Lot 13, Concession 8 North, in the Municipality of Middlesex Centre, County of Middlesex, and municipally known as 14727 Nine Mile Road; be GRANTED. AND THAT Consent B-10/2023 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 met. 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-10/2023 and that this plan be approved by the Municipality prior to being deposited with the Land Registry Office. 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. That the Owner’s solicitor submit an

THAT Council adjourn its regular meeting at 6:58 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 June 21, 2023 Council Agenda.

THAT Minor Variance Application A-11/2023, filed by Danielle Brown for relief from the Comprehensive Zoning By-law in order to establish an minimum rear yard setback for an attached deck of 5.48 metres (17.9 feet), whereas the Middlesex Centre Comprehensive Zoning By-law requires a minimum rear yard setback of 6.5 metres (21.3 feet), for a property legally described as Lot 103 on Plan 33M761, in the Municipality of Middlesex Centre, County of Middlesex and is municipally known as 106 Daventry Way, be GRANTED, subject to the following conditions: AND THAT the minimum rear yard setback shall reduction to 5.48 metres shall only apply to the deck as shown on the attached drawing, and the remainder of the single detached dwelling shall maintain a minimum 8.0 metre setback as shown on the site plan; AND FUTHER THAT the reasons for granting Minor Variance Application A-11/2023: 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 7:04 pm and Council resume their regular meeting; AND THAT Council move into Public Meetings at 7:05 pm pursuant to the Planning Act, R.S.O. 1990, as amended, to consider the applications listed on the June 21, 2023 Council agenda.

Consent Application B-13/2023, filed by Joel Gordon Robson, Jay Everett Robson, James Willard Robson 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 31, Concession 8 South, in the Municipality of Middlesex Centre, County of Middlesex, and municipally known as 12538 Eight Mile Road; be

Zoning By-law Amendment application (File: ZBA-03-2023), filed by Sayed Shahabi on behalf of Sharon and Mark LaPointe, to rezone lands from “Agricultural (A1)” to “Agricultural exception 11 (A1-11)” for lands known as 3611 Woodhull Road, be APPROVED.

the public meetings adjourn at 7:56 pm and Council resume their regular meeting;

THAT the Correspondence items 13.1 through 13.3 listed on the June 21, 2023 agenda be received as information.

By-Laws 2023-069 through 2023-077 listed on the June 21, 2023 agenda be approved.

the Council for the Municipality of Middlesex Centre adjourns the June 21, 2023 Council meeting at 8:10 p.m.

THAT the Council for the Municipality of Middlesex Centre adjourn to closed session at 5:31 p.m. 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 (OLT Tribunal Decision - Ward 1 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 Council rise from closed session and return to open session at 5:54 p.m.

THAT the 2022 Audited Draft Financial Statements for the Municipality of Middlesex Centre be adopted as printed.

THAT the minutes of the June 7, 2023 meeting of Council be adopted as printed.

THAT Consent items 7.1 through 7.5 listed on the June 21, 2023 agenda be adopted as recommended.

THAT Report CPS-32-2023, re: 2024 Budget Process be received; AND THAT Councillor Cates and Councillor Berze be appointed to the budget working group for the 2024 budget and join municipal staff during budget discussions during September, October and November 2023.

THAT Consent Application B-10/2023, filed by 1879517 ON LTD (Henk- Annie Vandenberg), in order to sever a residence surplus to a farm operation as a result of consolidation on a lot with a frontage of approximately 84.3 metres (276 feet) on Nine Mile Road and an area of approximately 1.1 acres (0.44 hectares), from a lot legally described as Part of Lot 13, Concession 8 North, in the Municipality of Middlesex Centre, County of Middlesex, and municipally known as 14727 Nine Mile Road; be GRANTED. AND THAT Consent B-10/2023 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 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-10/2023 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’

THAT the Committee of Adjustment adjourn at 7:04 pm and Council resume their regular meeting; AND THAT Council move into Public Meetings at 7:05 pm pursuant to the Planning Act, R.S.O. 1990, as amended, to consider the applications listed on the June 21, 2023 Council agenda.

THAT Consent Application B-12/2023, filed by Robson Brother Partnership, 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 30, Concession 11 South, in the Municipality of Middlesex Centre, County of Middlesex, and municipally known as 12626 Ilderton Road; be GRANTED subject to conditions. AND THAT Consent B-12/2023 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 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 the size of the resultant severance be limited to approximately 1 acre, to the satisfaction of the Municipality. 4. That a draft reference plan be prepared by an Ontario Land Surveyor for the purposes of facilitating the transaction of Consent B-12/2023 and that this plan be approved by the Municipality prior to being deposited with the Land Registry Office. 5. 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. 6. That the Owner’s solici

THAT Consent Application B-13/2023, filed by Joel Gordon Robson, Jay Everett Robson, James Willard Robson 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 31, Concession 8 South, in the Municipality of Middlesex Centre, County of Middlesex, and municipally known as 12538 Eight Mile Road; be referred back to staff;

THAT Consent Applications B-14/2023, filed by Husam Almadani & Cynthia Dewit in order to sever one residential lot from a 2009 square metre (0.5 ac) residential property, in order to facilitate the construction of a single-detached dwelling on the severed lot, having a frontage of approximately 13.73 metres (45.04 feet) on Erie Avenue and an area of approximately 753.5 square metres (0.18 acres), and the retained having a frontage of approximately 22 metres (72 feet) on Erie Avenue, and an area of approximately 1256 square metres (0.31 acres), from a property legally described as Lot 4 to 5, Block F on Plan 76, in the Municipality of Middlesex Centre, County of Middlesex, and is municipally known as 120 Erie Avenue; be GRANTED; AND THAT Consent B-14/2023 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 fees for the Certificate of Consent be paid in accordance with the Municipality’s Fees and Charges By-law. 3. That the owner require an approved minor variance to address the lot area and frontage deficiencies of the lands to be severed. 4. That a draft reference plan be prepared by an Ontario Land Surveyor for the purposes of facilitating the transaction of Consent B-

THAT Zoning By-law Amendment application (File: ZBA-03-2023), filed by Sayed Shahabi on behalf of Sharon and Mark LaPointe, to rezone lands from “Agricultural (A1)” to “Agricultural exception 11 (A1-11)” for lands known as 3611 Woodhull Road, be APPROVED.

THAT the public meetings adjourn at 7:56 pm and Council resume their regular meeting;

THAT the Council for the Municipality of Middlesex Centre adjourns the June 21, 2023 Council meeting at 8:10 p.m.