Regular Meeting of Council (Planning)

the minutes of the May 3, 2023 Council meetings (Meeting A and B) be adopted as printed.

Consent items 6.1 through 6.8 listed on the May 17, 2023 agenda be adopted as recommended.

THAT Report FS-04-2023, regarding the Fire Prevention Service Agreement 2023-2026 be received; AND THAT the Mayor and Municipal Clerk be authorized to sign the Fire Prevention Service Agreement between Middlesex Centre and Thames Centre.

Report PWE 25-2023 regarding Hyde Park Road Improvements – South of Ilderton be received; AND THAT the Improvements to Hyde Park Road be approved as per Appendix A and Appendix B.

Council adjourn its regular meeting at 6:15 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 May 17, 2023 Council Agenda.

Minor Variance Application A-9/2023, filed by Mike Halliwell to permit a maximum lot coverage of 6.23% for accessory buildings for a property legally known as Lot 7 on Plan M339 in the Municipality of Middlesex Centre, County of Middlesex, and municipally known as 30 Winona Road, be GRANTED; AND THAT the reasons for granting Minor Variance Application A-9/2023 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.

Minor Variance Application A-10/2023, filed by Ben Hyland c/o SBM Ltd. on behalf of London District Catholic School Board, for relief from the Comprehensive Zoning By-law to permit a reduced minimum parking requirement of 49 parking stalls for an institutional use for a property legally described as Part of Park Lot 13, Plan 47, Parts 1 & 2 and Part of Part 3 on Reference Plan 34R17494, in the Municipality of Middlesex Centre, County of Middlesex and is municipally known as 103 Wellington Street, be GRANTED. AND THAT the reasons for granting Minor Variance Application A-10/2023 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 6:28 pm and Council resume their regular meeting; AND THAT Council move into Public Meetings at 6:28 pm pursuant to the Planning Act, R.S.O. 1990, as amended, to consider the applications listed on the May 3, 2023 Council agenda.

Zoning By-law Amendment application (ZBA-08-2023) for a temporary use zone, filed by Spoelstra Holding Inc., 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 10686 Sharon Drive, 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-5/2023, filed by Stewart Findlater on behalf of Fourteen Mile Farms Ltd), in order to sever a residence surplus to a farm operation as a result of consolidation on a lot with a frontage of approximately 55 metres (180 feet) on Vanneck Road and an area of approximately 0.74 acres (0.3 ha), and the retained parcel having a frontage of approximately 471 metres (1545.28 feet) on Vanneck Road and an area of approximately 58.5 ac (23.7 ha), from a lot legally described as Part of Lot 24, Concession 12 North, in the Municipality of Middlesex Centre, County of Middlesex, and municipally known as 23865 Vanneck Road; be GRANTED; AND THAT Consent B-5/2023 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-5/2023 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

THAT Consent Application B-6/2023, filed by 2833848 Ontario Ltd, in order to sever a residence surplus to a farm operation as a result of consolidation on a lot with a frontage of approximately 75 metres (246 feet) on Thirteen Mile Road and an area of approximately 1.06 acres (0.43 ha), and the retained parcel having a frontage of approximately 427.6 metres (1403 feet) on Thirteen Mile Road and an area of approximately 93.9 ac (38.015 ha), from a lot legally described as Part of Lot 18, Concession 12 North, in the Municipality of Middlesex Centre, County of Middlesex, and municipally known as 14111 Thirteen Mile Road; be GRANTED; AND THAT Consent B-6/2023 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-6/2023 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 Sched

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 108 metres (354.3 feet) on Nine Mile Road and an area of approximately 1.5 acres (0.61 ha), and the retained a frontage of approximately 498 metres (1633.85 feet) on Nine Mile Drive and an area of approximately 100.7 ac (40.7 ha), 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

Official Plan Amendment application (File: OPA 62), as amended, filed by Strik, Baldinelli, Moniz Ltd. on behalf of HGLW Inc., for lands known as 708 and 714 Gideon Drive, be ADOPTED and forwarded to the County of Middlesex for consideration of approval; AND THAT Zoning By-law Amendment application (File: ZBA-07-2023), as amended, filed by Strik, Baldinelli, Moniz Ltd. on behalf of HGLW Inc., for lands known as 708 and 714 Gideon Drive be APPROVED.

Zoning By-law Amendment application (ZBA-05-2023), filed by Dentons Canada LLP on behalf of Canadian National Railway Company, to rezone the lands from ‘Existing Use (EU)’ to ‘Existing Use exception 3 (EU-3)’ for the land known legally as Concession 2, Part of Lot 6 (geographic Township of Lobo), 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.

the public meetings adjourn at 8:50 pm and Council resume their regular meeting;

the Correspondence items 12.2 through 12.5 listed on the May 17, 2023 agenda be received as information.

THAT the Council of the Corporation of the Municipality of Middlesex Centre express its support for Bill 5 - Stopping Harassment and Abuse by Local Leaders Act which would require the code of conduct for municipal Councillors and members of local boards to include a requirement to comply with workplace violence and harassment policies and permit municipalities and local boards to direct the Integrity Commissioner to apply to the court to vacate a member’s seat if the Commissioner’s inquiry determines that the member has contravened this requirement; AND FURTHER THAT this resolution be circulated to the Honourable Doug Ford, Premier of Ontario; the Honourable Steve Clark, Minister of Municipal Affairs and Housing, and the Honourable Monte McNaughton, Minister of Labour, Immigration, Training and Skills Development.

the goal of increasing housing supply and reducing barriers in planning processes as set out in the recent legislative, regulatory and policy changes, including new provisions from Bill 23, More Homes Built Faster Act, 2022 is commendable; AND WHEREAS the Provincial Planning Statement acknowledges the need for growth and development beyond major urban centers, it is also essential to ensure that these changes do not compromise the quality and sustainability of rural and small urban areas; AND WHERERAS agriculture is a predominant land use within Middlesex Centre and an important component of the economy and culture AND WHEREAS the proposed policy would allow the creation of up to three new residential lots from a parcel of land that existed on January 1, 2023 subject to criteria; AND WHEREAS the creation of residential lots across the country-side will have significant impacts on other provincial and local interests including agriculture (especially livestock farming); the availability of mineral aggregate resources close to markets; the provision of municipal services; on the Provincial, County and Municipal Road networks; and that the resultant scattered residential development could occur at the expense of this growth occurring in our small urban communities; AND WHEREAS cumulatively, these proposals have the potential to have detrimental impacts on municipal infrastructure, including roads, bridges, water, wastewater, and stormwater infrastructure. NOW THEREFORE BE IT RES

THAT By-Laws 2023-051 through 2023-62 listed on the May 17, 2023 agenda be approved.

the Council for the Municipality of Middlesex Centre adjourns the May 17, 2023 Council meeting at 9:37 p.m.

THAT the Correspondence items 12.2 through 12.5 listed on the May 17, 2023 agenda be received as information

THAT the minutes of the May 3, 2023 Council meetings (Meeting A and B) be adopted as printed.

THAT Consent items 6.1 through 6.8 listed on the May 17, 2023 agenda be adopted as recommended.

THAT Report PWE 25-2023 regarding Hyde Park Road Improvements – South of Ilderton be received; AND THAT the Improvements to Hyde Park Road be approved as per Appendix A and Appendix B.

Consent Applications B-08/2021, filed by Albert Keith Brown and Dorothy Anne Brown, in order to sever a residential lot with a frontage of approximately 15.8 metres (52 feet) on Delaware Street Central with an area of approximately 580 square metres (6220 square feet), and the retained parcel a frontage of approximately 36.58 metres (120 feet) on Huron Ave with an area of 1427 square metres (15,360 square feet), on a property legally described as Lots 17 to 18, Block O, Plan 76, in the County of Middlesex, Municipality of Middlesex Centre, and municipally known as 115 Huron Ave; be GRANTED. FURTHER THAT Consent B-08/2021 be subject to the following conditions: 1. That the Certificate of Consent under Section 53(42) of the Planning Act shall be given within one year 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-08/2021 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 th

THAT Council adjourn its regular meeting at 6:15 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 May 17, 2023 Council Agenda.

THAT Minor Variance Application A-9/2023, filed by Mike Halliwell to permit a maximum lot coverage of 6.23% for accessory buildings for a property legally known as Lot 7 on Plan M339 in the Municipality of Middlesex Centre, County of Middlesex, and municipally known as 30 Winona Road, be GRANTED; AND THAT the reasons for granting Minor Variance Application A-9/2023 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 Minor Variance Application A-10/2023, filed by Ben Hyland c/o SBM Ltd. on behalf of London District Catholic School Board, for relief from the Comprehensive Zoning By-law to permit a reduced minimum parking requirement of 49 parking stalls for an institutional use for a property legally described as Part of Park Lot 13, Plan 47, Parts 1 & 2 and Part of Part 3 on Reference Plan 34R17494, in the Municipality of Middlesex Centre, County of Middlesex and is municipally known as 103 Wellington Street, be GRANTED. AND THAT the reasons for granting Minor Variance Application A-10/2023 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 Zoning By-law Amendment application (ZBA-08-2023) for a temporary use zone, filed by Spoelstra Holding Inc., 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 10686 Sharon Drive, 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 Application B-5/2023, filed by Stewart Findlater on behalf of Fourteen Mile Farms Ltd), in order to sever a residence surplus to a farm operation as a result of consolidation on a lot with a frontage of approximately 55 metres (180 feet) on Vanneck Road and an area of approximately 0.74 acres (0.3 ha), and the retained parcel having a frontage of approximately 471 metres (1545.28 feet) on Vanneck Road and an area of approximately 58.5 ac (23.7 ha), from a lot legally described as Part of Lot 24, Concession 12 North, in the Municipality of Middlesex Centre, County of Middlesex, and municipally known as 23865 Vanneck Road; be GRANTED; AND THAT Consent B-5/2023 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-5/2023 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 deposite

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 108 metres (354.3 feet) on Nine Mile Road and an area of approximately 1.5 acres (0.61 ha), and the retained a frontage of approximately 498 metres (1633.85 feet) on Nine Mile Drive and an area of approximately 100.7 ac (40.7 ha), 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

THAT Consent Application B-8/2023 filed by Kelly and Karl Bulitka in order to sever a residential lot with a frontage of approximately 19.94 metres (65.4 feet) and an area of approximately 22.97 metres (75 feet) on Ilderton Road, and an area of approximately 815.39 square metres (0.2 acres), in order to create one new residential lot for the purpose of establishing a new dwelling unit on the severed lot and the retained having a frontage of approximately 23.24 metres (76 feet) on Ilderton Road, and an area of approximately 842.26 square metres (0.21 acres), from a property legally described as Lot 24, Concession 10, in the Municipality of Middlesex Centre, County of Middlesex, and is municipally known as 13433 Ilderton Road; be GRANTED; AND THAT Consent B-8/2023 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 a draft reference plan be prepared by an Ontario Land Surveyor for the purposes of facilitating the transaction of Consent B-8/2023, and that this plan be approved by the Municipality prior to being deposited with the Land Registry Office. 4. That

THAT Official Plan Amendment application (File: OPA 62), as amended, filed by Strik, Baldinelli, Moniz Ltd. on behalf of HGLW Inc., for lands known as 708 and 714 Gideon Drive, be ADOPTED and forwarded to the County of Middlesex for consideration of approval; AND THAT Zoning By-law Amendment application (File: ZBA-07-2023), as amended, filed by Strik, Baldinelli, Moniz Ltd. on behalf of HGLW Inc., for lands known as 708 and 714 Gideon Drive be APPROVED.

THAT Zoning By-law Amendment application (ZBA-05-2023), filed by Dentons Canada LLP on behalf of Canadian National Railway Company, to rezone the lands from ‘Existing Use (EU)’ to ‘Existing Use exception 3 (EU-3)’ for the land known legally as Concession 2, Part of Lot 6 (geographic Township of Lobo), 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.

WHEREAS the goal of increasing housing supply and reducing barriers in planning processes as set out in the recent legislative, regulatory and policy changes, including new provisions from Bill 23, More Homes Built Faster Act, 2022 is commendable; AND WHEREAS the Provincial Planning Statement acknowledges the need for growth and development beyond major urban centers, it is also essential to ensure that these changes do not compromise the quality and sustainability of rural and small urban areas; AND WHERERAS agriculture is a predominant land use within Middlesex Centre and an important component of the economy and culture AND WHEREAS the proposed policy would allow the creation of up to three new residential lots from a parcel of land that existed on January 1, 2023 subject to criteria; AND WHEREAS the creation of residential lots across the country-side will have significant impacts on other provincial and local interests including agriculture (especially livestock farming); the availability of mineral aggregate resources close to markets; the provision of municipal services; on the Provincial, County and Municipal Road networks; and that the resultant scattered residential development could occur at the expense of this growth occurring in our small urban communities; AND WHEREAS cumulatively, these proposals have the potential to have detrimental impacts on municipal infrastructure, including roads, bridges, water, wastewater, and stormwater infrastructure. NOW THEREFORE B

THAT the Council for the Municipality of Middlesex Centre adjourns the May 17, 2023 Council meeting at 9:37 p.m.