Regular Meeting of Council (Planning)

the Council for the Municipality of Middlesex Centre adjourn to closed session at 4:02 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; Section 239 (2)(k) a position, plan, procedure, criteria or instruction to be applied to any negotiations

the minutes of the Special Council meeting held on December 8, 2021 be adopted as printed.

items 7.1 through 7.13 listed under the heading of Consent Agenda for December 15, 2021 be adopted as printed.

Council Bylaw 2021-117 to adopt the current budgetary estimates for the year 2022 be amended from the current proposed tax rate increase of 2.76% to reflect an overall tax rate increase of 2.16%; AND THAT Bylaw 2021-118 to establish a levy for the year 2022, to adopt tax rates for 2022 and to provide for penalty and interest in default of payment and the collection thereof be amended from the current proposed tax rate increase of 2.76% to reflect an overall tax rate increase of 2.16%; AND THAT the funds to amend the above noted by-laws from the current proposed rate of 2.76% to reflect an overall tax rate increase of 2.16% be drawn from the Tax Rate Stabilization Fund; AND THAT Council approve Bylaw 2021-117 to adopt the current budgetary estimates for the year 2022; AND FURTHER THAT Council approve Bylaw 2021-118 to establish a levy for the year 2022, to adopt tax rates for 2022 and to provide for penalty and interest in default of payment and the collection thereof.

the compliance report for expenses excluded from the 2022 budget outlined in Report CPS-59-2021 as a requirement of Ontario Regulation 284/09 passed under the Municipal Act, 2001 be received for information.

Report CPS-62-2021 Development Charges Amendment be received; THAT the 2021 Amended Development Charge (D.C.) By-law 2021-119 be adopted.

per Section 45(1.4) of the Planning Act, 1990 R.S.O, as amended, Council grant an exemption and permit minor variance application A-42/21 regarding 175 Doan Drive and Block 126 to be considered by the Committee of Adjustment on December 15th, 2021 despite the application being filed within two (2) years of an applicant-initiated Zoning By-law Amendment on the subject lands.

Council adjourn its regular meeting in order to sit as a Committee of Adjustment under Section 45 of The Planning Act, as amended, to consider the Minor Variance applications listed on the December 15, 2021 Council agenda.

Minor Variance Application A-40/2021, filed by Chris and Denise Pallister, for relief from the Comprehensive Zoning By-law in order to establish a maximum size of 60.9 square metres (655.5 square feet) or 3.3 percent lot coverage, whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum size of the lesser of fifty square metres (50.0 m2) (538.0 square feet) of gross floor area or three percent (3%) lot coverage, for a property legally described as Part of Lot 4, Concession 3 South, in the Municipality of Middlesex Centre, County of Middlesex, be GRANTED, subject to the following condition. THAT the location be substantially in accordance with the plans attached to this report and decision. AND THAT the reasons for granting Minor Variance Application A-40/2021: 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-41/2021, filed by Nancy Manning on behalf of Robert Manning and Chelsey Passmore, in order to expand a legal non-conforming use to permit an addition to an existing single detached dwelling on the property and to permit a reduced interior side yard setback of 2.86 metres (9.4 feet), whereas the Zoning By-law requires a minimum distance of 6.0 metres (19.6 feet); for a property legally known as Part of Lot 26, Concession 11, in the Municipality of Middlesex Centre, County of Middlesex, and municipally known as 13210 Ilderton Road, be GRANTED; AND THAT the reasons for granting Minor Variance Application A-41/2021 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-42/21, filed by Monteith Brown Planning Consultants (Jay McGuffin) on behalf of 2638477 Ontario Limited, for relief from the Comprehensive Zoning By-law’s as follows: A minimum rear yard setback of 4.5 m (14.8 ft) for all ‘A’ Units with frontage along Doan Drive; a minimum rear yard setback of 1.2 m (3.93 ft) for Unit 8; a minimum rear yard setback of 2.3 m (7.5 ft) for Unit 9; and, a minimum rear yard setback of 3.4 m (11.1 ft) for Units 84 and 85 whereas the Middlesex Centre Comprehensive Zoning By-law requires a minimum rear yard setback of 6.0 m (19.7 ft) A maximum lot coverage of 67% whereas the Middlesex Centre Comprehensive Zoning By-law requires a maximum lot coverage of 55% A minimum front yard setback of 4.5 m (14.8 ft) for all ‘B’ Units; Unit 24 only, a minimum front yard setback of 3.6 m (11.8 ft) for Unit 24; Unit 29 only, a minimum front yard setback of 3.0 m (9.8 ft) for Unit 29; and, a minimum front yard setback of 3.2 m (10.5 ft) for Units 99 and 128 whereas the Middlesex Centre Comprehensive Zoning By-law requires a minimum front yard setback of 6.0 m (19.7 ft); and, A minimum front yard setback of 2.0 m (6.6 ft) for Units fronting onto Glendon Drive and Doan Drive whereas the Middlesex Centre Comprehensive Zoning By-law requires a minimum front yard setback of 2.5 m (8.2 ft) from Glendon Drive and Doan Drive for a property legally described as Plan 33M761 Blk 230 and part of Concession 1 Pt Lot 7 Pt Lot 8 RP 33R18800 Part 1 RP 3

Committee of Adjustment reconvene as Council to move into Planning Public Meetings pursuant to the Planning Act, R.S.O. 1990, as amended, to consider the planning applications listed on the December 15, 2021 Agenda.

Zoning By-law Amendment application (ZBA-19-2021) for a temporary use zone, filed by Elizabeth Ruiz on behalf of Russel James Vanderhyden, 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 13277 Ten Mile Road, be APPROVED; AND THAT the owner be required to enter into a Temporary Use Agreement with the Municipality and submit a deposit of $10,000 to ensure the removal of the existing residence.

the request by Zelinka Priamo on behalf of Knottingwood Inc. to remove the (h-2, (h-3), and (h-8) holding symbols from the zoning of the land known legally as Concession 7 E Pt Lot 2 and known municipally as 9661 Ivan Drive, Middlesex Centre, be APPROVED.

Consent Application B-17/2021, filed by Kyle Davis, on behalf of Rhys Evans, in order to sever and convey as a lot addition a 1,119.2 square metres (0.27 acres) parcel of land from 12962 Ilderton Road, to an existing property known municipally as 12936 Ilderton Road; from a property legally described as Part of Lot 28, Concession 11 South, in the County of Middlesex, Municipality of Middlesex Centre be GRANTED; AND THAT Application for Consent B-17/2021 be subject to the following conditions: 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. 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-17/2021, 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 purposes of the issuance of a Certificate of Consent. That the Owners’ solicitor submit an undertaking in a form satisfactory to the Municipality to

the Correspondence items 12.1 through 12.5 be received as information.

By-laws 2021-117 and 2021-118 be adopted as amended; AND THAT By-Laws 2021-114 through 2021-124 be adopted as printed.

the Council for the Municipality of Middlesex Centre adjourns the December 15, 2021 Council meeting at 6:59 p.m.

THAT the Correspondence items 12.1 through 12.5 be received as information

THAT the Council for the Municipality of Middlesex Centre adjourn to closed session at 4:02 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; Section 239 (2)(k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board.

THAT the minutes of the Special Council meeting held on December 8, 2021 be adopted as printed.

THAT items 7.1 through 7.13 listed under the heading of Consent Agenda for December 15, 2021 be adopted as printed.

THAT Council Bylaw 2021-117 to adopt the current budgetary estimates for the year 2022 be amended from the current proposed tax rate increase of 2.76% to reflect an overall tax rate increase of 2.16%; AND THAT Bylaw 2021-118 to establish a levy for the year 2022, to adopt tax rates for 2022 and to provide for penalty and interest in default of payment and the collection thereof be amended from the current proposed tax rate increase of 2.76% to reflect an overall tax rate increase of 2.16%; AND THAT the funds to amend the above noted by-laws from the current proposed rate of 2.76% to reflect an overall tax rate increase of 2.16% be drawn from the Tax Rate Stabilization Fund; AND THAT Council approve Bylaw 2021-117 to adopt the current budgetary estimates for the year 2022; AND FURTHER THAT Council approve Bylaw 2021-118 to establish a levy for the year 2022, to adopt tax rates for 2022 and to provide for penalty and interest in default of payment and the collection thereof.

THAT the compliance report for expenses excluded from the 2022 budget outlined in Report CPS-59-2021 as a requirement of Ontario Regulation 284/09 passed under the Municipal Act, 2001 be received for information.

THAT Report CPS-62-2021 Development Charges Amendment be received; THAT the 2021 Amended Development Charge (D.C.) By-law 2021-119 be adopted.

THAT per Section 45(1.4) of the Planning Act, 1990 R.S.O, as amended, Council grant an exemption and permit minor variance application A-42/21 regarding 175 Doan Drive and Block 126 to be considered by the Committee of Adjustment on December 15th, 2021 despite the application being filed within two (2) years of an applicant-initiated Zoning By-law Amendment on the subject lands.

THAT Council adjourn its regular meeting in order to sit as a Committee of Adjustment under Section 45 of The Planning Act, as amended, to consider the Minor Variance applications listed on the December 15, 2021 Council agenda.

THAT Minor Variance Application A-40/2021, filed by Chris and Denise Pallister, for relief from the Comprehensive Zoning By-law in order to establish a maximum size of 60.9 square metres (655.5 square feet) or 3.3 percent lot coverage, whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum size of the lesser of fifty square metres (50.0 m2) (538.0 square feet) of gross floor area or three percent (3%) lot coverage, for a property legally described as Part of Lot 4, Concession 3 South, in the Municipality of Middlesex Centre, County of Middlesex, be GRANTED, subject to the following condition. THAT the location be substantially in accordance with the plans attached to this report and decision. AND THAT the reasons for granting Minor Variance Application A- 40/2021:  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-41/2021, filed by Nancy Manning on behalf of Robert Manning and Chelsey Passmore, in order to expand a legal non-conforming use to permit an addition to an existing single detached dwelling on the property and to permit a reduced interior side yard setback of 2.86 metres (9.4 feet), whereas the Zoning By-law requires a minimum distance of 6.0 metres (19.6 feet); for a property legally known as Part of Lot 26, Concession 11, in the Municipality of Middlesex Centre, County of Middlesex, and municipally known as 13210 Ilderton Road, be GRANTED; AND THAT the reasons for granting Minor Variance Application A-41/2021 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 Committee of Adjustment reconvene as Council to move into Planning Public Meetings pursuant to the Planning Act, R.S.O. 1990, as amended, to consider the planning applications listed on the December 15, 2021 Agenda.

THAT Zoning By-law Amendment application (ZBA-19-2021) for a temporary use zone, filed by Elizabeth Ruiz on behalf of Russel James Vanderhyden, 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 13277 Ten Mile Road, be APPROVED; AND THAT the owner be required to enter into a Temporary Use Agreement with the Municipality and submit a deposit of $10,000 to ensure the removal of the existing residence.

THAT the request by Zelinka Priamo on behalf of Knottingwood Inc. to remove the (h-2, (h-3), and (h-8) holding symbols from the zoning of the land known legally as Concession 7 E Pt Lot 2 and known municipally as 9661 Ivan Drive, Middlesex Centre, be APPROVED.

THAT Consent Application B-17/2021, filed by Kyle Davis, on behalf of Rhys Evans, in order to sever and convey as a lot addition a 1,119.2 square metres (0.27 acres) parcel of land from 12962 Ilderton Road, to an existing property known municipally as 12936 Ilderton Road; from a property legally described as Part of Lot 28, Concession 11 South, in the County of Middlesex, Municipality of Middlesex Centre be GRANTED; AND THAT Application for Consent B-17/2021 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-17/2021, 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 transferred, for the purposes of the issuance of a Certificate of Consent. 5. That the Owners’ solicitor submit an undertaking in a form satisfactory to

THAT the Council for the Municipality of Middlesex Centre adjourns the December 15, 2021 Council meeting at 6:59 p.m.