Regular Meeting of Council (Planning)

the Council for the Municipality of Middlesex Centre adjourn to closed session at 5:04 p.m. pursuant to Section 239 (2) of the Municipal Act, 2001, as amended to discuss the following matters: Section 239 (2)(b) personal matters about an identifiable individual, including municipal or local board employees; Section 239 (2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board.

Staff be directed to report back regarding potential participation in the Water and Erosion Control Infrastructure Funding program for the Coldstream Dam.

the minutes of the Middlesex Centre Council meeting held on September 8, 2021 be adopted as printed.

Items 7.1 through 7.4 listed on the Consent Agenda for September 22, 2021 be adopted as recommended.

Report BLD-07-2021, re: Pre-Budget Approval for Administrative Assistant – Building Services be received; AND THAT Council authorize the addition of a new full time permanent administrative assistant – building services position in Building and Development Services commencing in 2021.

Council adjourn its regular meeting in order to sit as a Committee of Adjustment under Section 45 of The Planning Act R.S.O., 1990, as amended, to consider the Minor Variance applications listed on the September 22, 2021 Agenda.

Minor Variance Application A-18/2021, filed by Llyod Monteith, for relief from the Comprehensive Zoning By-law in order to establish a maximum height of 13.4 metres (44 feet) for an accessory building, whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum height of 6.5 metres (21.3 feet), for a property legally described as Lot 17, Concession 3 East, in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 5749 Woodhull Road, be DENIED; AND THAT the reasons for denying Minor Variance Application A-18/2021 include: The request does not comply with the general intent and purpose of Middlesex Centre’s Comprehensive Zoning By-law; The request is not minor in nature; and The request does not represents appropriate development on the subject property.

Minor Variance Application A-28/2021, filed by Gerrard Marra, on behalf of Nick Davies, for relief from the Comprehensive Zoning By-law in order to build a new single detached dwelling which is not connected to municipal services, whereas the Middlesex Centre Comprehensive Zoning By-law requires all single detached dwelling in the Urban Residential First Density (UR1) Zone to be connected to municipal water and sanitary services, for a property legally described as Lot 24, Plan M-242, Municipality of Middlesex Centre, County of Middlesex and municipally known as 7 Sir Robert Place, be GRANTED, subject to the following condition: THAT the Minor Variance only apply to the requirement for sanitary services and that the development shall be required to hook up to municipal water services. AND THAT the reasons for granting Minor Variance Application A-28/2021: 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-29/2021, filed by Jeffery and Janine Paul, for relief from the Comprehensive Zoning By-law in order to establish an exterior side yard setback closer to the road then the main dwelling, whereas the Middlesex Centre Comprehensive Zoning By-law requires accessory buildings to be located no closer to the front and exterior side yard of the main building or structure, for a property legally described as Part of Lot 13, Concession 1, in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 10751 Westminster Drive, be APPROVED; AND THAT the reasons for approving Minor Variance Application A-29/2021 include: The request complies with the general intent and purpose of Middlesex Centre’s Comprehensive Zoning By-law; The request complies with the general intent and purpose of the Middlesex Centre’s Official Plan; The request is minor in nature; and The request represents appropriate and desirable development on the subject property.

Minor Variance Application A-20/2021, filed by Mitchell Say and Lillonie Graham, for relief from the Comprehensive Zoning By-law in order to establish a maximum size of 20.6 square metres (222 square feet) or 5.9 percent lot coverage for an accessory building, and to permit an accessory building to be located a minimum of 1.0 metres from the principle structure, for a property Municipally known as 425-9861 Glendon Drive, be GRANTED; AND THAT the reasons for granting Minor Variance Application A-30/2021: 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.

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 September 22, 2021

the County of Middlesex be advised that Middlesex Centre recommends draft plan approval for the land known legally as Concession 1 Part Lot 6 RP 33R17432 Part 9, former Township of Delaware, Middlesex Centre, County File: 39T-MC-CDM2002, subject to the draft plan conditions appended to the Middlesex Centre report PLA-80-2021, and subject to a three (3) year lapse period; AND THAT Council direct staff to prepare a zoning by-law amendment subject to the Planning Act requirements to place a Holding symbol (h-2) on the lands legally described as Concession 1 Part Lot 6 RP 33R17432 Part 9, in which the precondition for the removal of the holding symbol shall be a site plan agreement entered into with the Municipality.

Consent Application B-19/2021, filed by Matthew and Allison Dale, in order to sever and convey as a lot addition a 1.65 acres (0.66 hectares) parcel of land from 13193 Twelve Mile Road, to an existing property known municipally as 13273 Twelve Mile Road, from a property legally described as Part of Lots 25 and 26, Concession 11, in the County of Middlesex, Municipality of Middlesex Centre; be GRANTED; AND THAT Application for Consent B-19/2021 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-19/2021, 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 register

Zoning By-law Amendment application (ZBA-15-2021) for a temporary use zone, filed by H. Timothy Dooreleyers and Suzanne Johnson, 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, be APPROVED. AND FURTHER 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.

Council rise from Public Meetings and reconvene the regular meeting of Council at 8:26 p.m.

the Correspondence item 11.1 be received as information.

By-Laws 2021-089 through By-law 2021-092 be adopted as recommended

the Council for the Municipality of Middlesex Centre adjourns the September 22, 2021 Council meeting at 8:30 p.m.

THAT the Council for the Municipality of Middlesex Centre adjourn to closed session at 5:04 p.m. pursuant to Section 239 (2) of the Municipal Act, 2001, as amended to discuss the following matters: Section 239 (2)(b) personal matters about an identifiable individual, including municipal or local board employees; Section 239 (2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board.

THAT the minutes of the Middlesex Centre Council meeting held on September 8, 2021 be adopted as printed.

THAT Items 7.1 through 7.4 listed on the Consent Agenda for September 22, 2021 be adopted as recommended.

THAT Report BLD-07-2021, re: Pre-Budget Approval for Administrative Assistant – Building Services be received; AND THAT Council authorize the addition of a new full time permanent administrative assistant – building services position in Building and Development Services commencing in 2021.

THAT Council adjourn its regular meeting in order to sit as a Committee of Adjustment under Section 45 of The Planning Act R.S.O., 1990, as amended, to consider the Minor Variance applications listed on the September 22, 2021 Agenda.

THAT Minor Variance Application A-18/2021, filed by Llyod Monteith, for relief from the Comprehensive Zoning By-law in order to establish a maximum height of 13.4 metres (44 feet) for an accessory building, whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum height of 6.5 metres (21.3 feet), for a property legally described as Lot 17, Concession 3 East, in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 5749 Woodhull Road, be DENIED; AND THAT the reasons for denying Minor Variance Application A-18/2021 include:  The request does not comply with the general intent and purpose of Middlesex Centre’s Comprehensive Zoning By-law;  The request is not minor in nature; and  The request does not represents appropriate development on the subject property.

THAT Minor Variance Application A-28/2021, filed by Gerrard Marra, on behalf of Nick Davies, for relief from the Comprehensive Zoning By-law in order to build a new single detached dwelling which is not connected to municipal services, whereas the Middlesex Centre Comprehensive Zoning By-law requires all single detached dwelling in the Urban Residential First Density (UR1) Zone to be connected to municipal water and sanitary services, for a property legally described as Lot 24, Plan M-242, Municipality of Middlesex Centre, County of Middlesex and municipally known as 7 Sir Robert Place, be GRANTED, subject to the following condition: THAT the Minor Variance only apply to the requirement for sanitary services and that the development shall be required to hook up to municipal water services. AND THAT the reasons for granting Minor Variance Application A- 28/2021:  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-29/2021, filed by Jeffery and Janine Paul, for relief from the Comprehensive Zoning By-law in order to establish an exterior side yard setback closer to the road then the main dwelling, whereas the Middlesex Centre Comprehensive Zoning By-law requires accessory buildings to be located no closer to the front and exterior side yard of the main building or structure, for a property legally described as Part of Lot 13, Concession 1, in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 10751 Westminster Drive, be APPROVED; AND THAT the reasons for approving Minor Variance Application A- 29/2021 include:  The request complies with the general intent and purpose of Middlesex Centre’s Comprehensive Zoning By-law;  The request complies with the general intent and purpose of the Middlesex Centre’s Official Plan;  The request is minor in nature; and  The request represents appropriate and desirable development on the subject property.

THAT Minor Variance Application A-20/2021, filed by Mitchell Say and Lillonie Graham, for relief from the Comprehensive Zoning By-law in order to establish a maximum size of 20.6 square metres (222 square feet) or 5.9 percent lot coverage for an accessory building, and to permit an accessory building to be located a minimum of 1.0 metres from the principle structure, for a property Municipally known as 425-9861 Glendon Drive, be GRANTED; AND THAT the reasons for granting Minor Variance Application A- 30/2021:  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 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 September 22, 2021

THAT the County of Middlesex be advised that Middlesex Centre recommends draft plan approval for the land known legally as Concession 1 Part Lot 6 RP 33R17432 Part 9, former Township of Delaware, Middlesex Centre, County File: 39T-MC-CDM2002, subject to the draft plan conditions appended to the Middlesex Centre report PLA-80-2021, and subject to a three (3) year lapse period; AND THAT Council direct staff to prepare a zoning by-law amendment subject to the Planning Act requirements to place a Holding symbol (h-2) on the lands legally described as Concession 1 Part Lot 6 RP 33R17432 Part 9, in which the precondition for the removal of the holding symbol shall be a site plan agreement entered into with the Municipality.

THAT Consent Application B-19/2021, filed by Matthew and Allison Dale, in order to sever and convey as a lot addition a 1.65 acres (0.66 hectares) parcel of land from 13193 Twelve Mile Road, to an existing property known municipally as 13273 Twelve Mile Road, from a property legally described as Part of Lots 25 and 26, Concession 11, in the County of Middlesex, Municipality of Middlesex Centre; be GRANTED; AND THAT Application for Consent B-19/2021 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-19/2021, 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 the Munic

THAT Zoning By-law Amendment application (ZBA-15-2021) for a temporary use zone, filed by H. Timothy Dooreleyers and Suzanne Johnson, 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, be APPROVED. AND FURTHER 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 Council rise from Public Meetings and reconvene the regular meeting of Council at 8:26 p.m.

THAT the Correspondence item 11.1 be received as information.

THAT By-Laws 2021-089 through By-law 2021-092 be adopted as recommended

THAT the Council for the Municipality of Middlesex Centre adjourns the September 22, 2021 Council meeting at 8:30 p.m.