Regular Meeting of Council (Planning)

the Council for the Municipality of Middlesex Centre adjourn to closed session at 5:08 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 (Ontario Land Tribunal Matter - Ward 2 Property); Section 239 (2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Ontario Land Tribunal Matter - Ward 2 Property);

Council rise from closed session and return to open session at 5:47 p.m.

Council adjourn its regular meeting at 5:50 p.m. in order to sit as the Court of Revision

the Middlesex Centre Court of Revision approves the Schedule of Assessment for the Proskairos Municipal Drain provisionally adopted by By-Law 2023-085 as outlined in the report prepared by Spriet Associates; AND THAT the corresponding by-law be forwarded to Council for a final reading; AND FURTHER THAT the Court of Revision adjourn at 5:52 p.m. and Council resume their regular meeting.

the minutes of the September 20, 2023 Council meeting be adopted as printed.

Consent items 8.1 through 8.3 listed on the September 20, 2023 agenda be adopted as recommended.

Report PWE 39-2023 Komoka Drainage Works Union Ave Branch Update be received; AND THAT the portion of the Komoka Drainage Works Union Ave Branch located within the residential lots be treated as described per Alternative #1 found in Report PWE-39-2023.

Report CLK-10-2023, re: Council Compensation Review Follow-up be received; AND THAT Council approve the recommended increase to the remuneration for council members as follows: Mayor $37,544.92 Deputy Mayor $29,649.42 Ward Councillor $25,703.43 AND FURTHER THAT the recommended remuneration be effective January 1, 2024, and include the annual cost of living adjustment approved as per resolution 2023-232.

Council receive Report PWE 36-2023, re: Vehicle and Equipment Retention; AND THAT Council approve the retention and continued use of vehicle # 2507 (2018 Chevrolet Bolt) by Transportation Services; AND FURTHER THAT Council approve the retention and continued use of vehicle # 3608 (2011 Bomag Pneumatic Roller) by Transportation Services.

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 September 20, 2023 Council Agenda.

Minor Variance Application A-14/2023, filed by Steve Flanigan for relief from the Comprehensive Zoning By-law in order to permit an increase to the maximum permissible size of an accessory building and permit the accessory building to be constructed in the front yard, 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 an increase to the maximum permissible size for an accessory building shall only be applicable in such situation that an accessory building is constructed south of the southern most interior side yard of the dwelling, and setback a minimum of 33 metres from the front property line; and, AND THAT the size of the accessory building be limited to the lesser of 222.9 square metres, or the footprint of the dwelling; AND THAT the Owner confirm the building shall only be used in accordance with the permissions of the Zoning By-law, and that the building shall not be used for any type of commercial business; AND FURTHER THAT the reasons for granting Minor Variance Application A-14/2023: 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-15/2023, filed by Caprice Gautreau for relief from the Middlesex Centre Comprehensive Zoning By-law 2005-005 in order to allow for a home occupation to operate out of an existing detached garage; for a property legally described as Lot 11 on Plan M432, in the Municipality of Middlesex Centre, County of Middlesex, and is municipally known as 99 William Street; be GRANTED, subject to the following conditions: THAT all dogs shall be kept internal to the garage as identified in the applicant’s building plans and that outdoor runs not be permitted in association with the use; and, THAT no boarding of animals be permitted, AND FURTHER THAT the reasons for granting Minor Variance Application A-15/2023: 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-17/2023, filed by Steve Charles on behalf of Chad Caines, for relief from the Comprehensive Zoning By-law in order to permit a maximum overall size of 59 square metres for all residential accessory buildings, and to place the building in the front yard, for a property legally described as Lots 12 and 17, Plan 47, in the Municipality of Middlesex Centre, County of Middlesex, and is municipally known as 2708 Gideon Drive, be GRANTED, subject to the following conditions: THAT the accessory building be constructed in the same general location as shown in the applicants site plan, attached to this report, THAT that all roof water be directed, using eves and downspouts, away from neighbouring properties, AND THAT the applicant provide an engineered lot grading plan (sealed by a Professional Engineer licensed in Ontario) which ensures that the building does not interfere with local drainage and a letter from the professional engineer stating that the additional runoff generated will not negatively impact adjacent properties AND FURTHER THAT the reasons for granting Minor Variance Application A-17/2023: 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 7:00 pm and Council resume their regular meeting; AND THAT Council move into Public Meetings at 7:00 pm pursuant to the Planning Act, R.S.O. 1990, as amended, to consider the applications listed on the September 20, 2023 Council agenda.

Zoning By-law Amendment Application (ZBA-14-2023), filed by Stewart Findlater on behalf of Fourteen Mile Farms Limited for the severed and retained lands of consent application B-5/23 in order to implement the severance of a surplus farm residence, be APPROVED.

the public meetings adjourn at 7:15 pm and Council resume their regular meeting;

the Correspondence items 14.1 through to 14.4 listed on the September 20, 2023 Council agenda be received as information.

By-Laws 2023-103 through to 2023-104 listed on the September 20, 2023 agenda be approved.

the Council for the Municipality of Middlesex Centre adjourns the September 20, 2023 Council meeting at 7:21 p.m.

THAT the Correspondence items 14.1 through to 14.4 listed on the September 20, 2023 Council agenda be received as information

THAT the Council for the Municipality of Middlesex Centre adjourn to closed session at 5:08 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 (Ontario Land Tribunal Matter - Ward 2 Property); Section 239 (2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Ontario Land Tribunal Matter - Ward 2 Property);

THAT Council rise from closed session and return to open session at 5:47 p.m.

THAT Council adjourn its regular meeting at 5:50 p.m. in order to sit as the Court of Revision

THAT the Middlesex Centre Court of Revision approves the Schedule of Assessment for the Proskairos Municipal Drain provisionally adopted by By-Law 2023-085 as outlined in the report prepared by Spriet Associates; AND THAT the corresponding by-law be forwarded to Council for a final reading; AND FURTHER THAT the Court of Revision adjourn at 5:52 p.m. and Council resume their regular meeting.

THAT the minutes of the September 20, 2023 Council meeting be adopted as printed.

THAT Consent items 8.1 through 8.3 listed on the September 20, 2023 agenda be adopted as recommended.

THAT Report PWE 39-2023 Komoka Drainage Works Union Ave Branch Update be received; AND THAT the portion of the Komoka Drainage Works Union Ave Branch located within the residential lots be treated as described per Alternative #1 found in Report PWE-39-2023.

THAT Report CLK-10-2023, re: Council Compensation Review Follow-up be received; AND THAT Council approve the recommended increase to the remuneration for council members as follows: Mayor $37,544.92 Deputy Mayor $29,649.42 Ward Councillor $25,703.43 AND FURTHER THAT the recommended remuneration be effective January 1, 2024, and include the annual cost of living adjustment approved as per resolution 2023-232.

THAT Council receive Report PWE 36-2023, re: Vehicle and Equipment Retention; AND THAT Council approve the retention and continued use of vehicle # 2507 (2018 Chevrolet Bolt) by Transportation Services; AND FURTHER THAT Council approve the retention and continued use of vehicle # 3608 (2011 Bomag Pneumatic Roller) by Transportation Services.

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 September 20, 2023 Council Agenda.

THAT Minor Variance Application A-14/2023, filed by Steve Flanigan for relief from the Comprehensive Zoning By-law in order to permit an increase to the maximum permissible size of an accessory building and permit the accessory building to be constructed in the front yard, 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 an increase to the maximum permissible size for an accessory building shall only be applicable in such situation that an accessory building is constructed south of the southern most interior side yard of the dwelling, and setback a minimum of 33 metres from the front property line; and, AND THAT the size of the accessory building be limited to the lesser of 222.9 square metres, or the footprint of the dwelling; AND THAT the Owner confirm the building shall only be used in accordance with the permissions of the Zoning By-law, and that the building shall not be used for any type of commercial business; AND FURTHER THAT the reasons for granting Minor Variance Application A-14/2023:  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

THAT Minor Variance Application A-15/2023, filed by Caprice Gautreau for relief from the Middlesex Centre Comprehensive Zoning By-law 2005-005 in order to allow for a home occupation to operate out of an existing detached garage; for a property legally described as Lot 11 on Plan M432, in the Municipality of Middlesex Centre, County of Middlesex, and is municipally known as 99 William Street; be GRANTED, subject to the following conditions: THAT all dogs shall be kept internal to the garage as identified in the applicant’s building plans and that outdoor runs not be permitted in association with the use; and, THAT no boarding of animals be permitted, AND FURTHER THAT the reasons for granting Minor Variance Application A-15/2023:  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-17/2023, filed by Steve Charles on behalf of Chad Caines, for relief from the Comprehensive Zoning By-law in order to permit a maximum overall size of 59 square metres for all residential accessory buildings, and to place the building in the front yard, for a property legally described as Lots 12 and 17, Plan 47, in the Municipality of Middlesex Centre, County of Middlesex, and is municipally known as 2708 Gideon Drive, be GRANTED, subject to the following conditions: THAT the accessory building be constructed in the same general location as shown in the applicants site plan, attached to this report, THAT that all roof water be directed, using eves and downspouts, away from neighbouring properties, AND THAT the applicant provide an engineered lot grading plan (sealed by a Professional Engineer licensed in Ontario) which ensures that the building does not interfere with local drainage and a letter from the professional engineer stating that the additional runoff generated will not negatively impact adjacent properties AND FURTHER THAT the reasons for granting Minor Variance Application A-17/2023:  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 the Committee of Adjustment adjourn at 7:00 pm and Council resume their regular meeting; AND THAT Council move into Public Meetings at 7:00 pm pursuant to the Planning Act, R.S.O. 1990, as amended, to consider the applications listed on the September 20, 2023 Council agenda.

THAT Zoning By-law Amendment Application (ZBA-14-2023), filed by Stewart Findlater on behalf of Fourteen Mile Farms Limited for the severed and retained lands of consent application B-5/23 in order to implement the severance of a surplus farm residence, be APPROVED.

THAT the public meetings adjourn at 7:15 pm and Council resume their regular meeting;

THAT By-Laws 2023-103 through to 2023-104 listed on the September 20, 2023 agenda be approved.

THAT the Council for the Municipality of Middlesex Centre adjourns the September 20, 2023 Council meeting at 7:21 p.m.